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Home My WebLink About2011-06-01 Council PacketMayor /Council (5) (Porter, Boyle, Bookey, Gabriel, Moore) MAKE 18 PACKETS COUNCIL PACKET DISTRIBUTION Finance (1) Clarion (1) Clerk (2) Library (1) Attorney (1) City Manager (1) Student Rep. (1) Hall Binder (1) Fire (1) KSRM (1) Mellish (1) Schmidt (1) ELECTRONIC COPY NOTICE Send out notice to "All" with link to Council Packet. DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in the Clerk's Office. The portion of the agenda published by the Clarion should be eFnaiied as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or lbell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. COUNCIL MEETING OF: V MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY 0 PtC M S V 100 MARQUIS �? r� MOLLOY 4 7 4/ BOYLE PORTER PORTER PORTER MOORE MOORE MOORE GABRIEL �p GABRIEL GABRIEL BOOKEY BOOKEY L, U1°oZ01/ M S V 100 MARQUIS �? MOLLOY MOLLOY 4 BOYLE BOYLE PORTER PORTER MOORE MOORE GABRIEL GABRIEL BOOKEY BOOKE'Y ly Page / of M S ARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY M S V MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY KEL1 M S V 100 MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKE'Y r1 COUNCIL MEETING OF: oy4y444404744444444 Fatillatiw;t M S V Ia. :EC: 4 ', O'-: 4T,'■ AI '" ". Kle?' “ ° ''''Z'r''4?,ry. air', , '401: ht; '-'1', S "4: '';'9 ', 1: aniV .,-,,, ' MARQUIS 4' 7q MOLLOY BOYLE PORTER " BOYLE MOORE .1q PORTER GABRIEL ie / MOORE / a GABRIEL - 6' ...../ BOOKEY fi Pegalint MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY Page 07 of 3 c- 7/ -a7.0 Ltd, thilt. MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY V 7„ • • - M S V Ia. :EC: 4 ', O'-: 4T,'■ AI '" ". Kle?' “ ° ''''Z'r''4?,ry. air', , '401: ht; '-'1', S "4: '';'9 ', 1: aniV .,-,,, ' MARQUIS 4' 7q MOLLOY BOYLE PORTER BOYLE MOORE PORTER GABRIEL MOORE GABRIEL BOOKEY - 6' • • - M S V MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL - BOOKEY COUNCIL MEETING OF: MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY Page s MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY M S V gg� 1a4<l {r. J. fZ. { x�i+ Yr 1.fCr �h1 MARQUIS MOLLOY MARQUIS MOLLOY BOYLE MOLLOY BOYLE PORTER BOYLE PORTER MOORE PORTER MOORE GABRIEL MOORE GABRIEL BOOKEY GABRIEL BOOKEY BOOKEY Page s MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY M SS V gg� 1a4<l {r. J. fZ. { x�i+ Yr 1.fCr �h1 MARQUIS MOLLOY MARQUIS MOLLOY BOYLE MOLLOY BOYLE PORTER BOYLE PORTER MOORE PORTER MOORE GABRIEL MOORE GABRIEL BOOKEY GABRIEL BOOKEY Page s MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY M S V gg� 1a4<l {r. J. fZ. { x�i+ Yr 1.fCr �h1 MARQUIS MARQUIS MOLLOY MOLLOY BOYLE BOYLE PORTER PORTER MOORE MOORE GABRIEL GABRIEL BOOKEY BOOKEY M S V gg� 1a4<l {r. J. fZ. { x�i+ Yr 1.fCr �h1 MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY AGENDA KENAI CITY COUNCIL — REGULAR MEETING JUNE 1, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai..ak.us ITEM A: CALL TO ORDER 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 (101 minutes per speaker) Mary Jo Joiner /Christine Cunningham -- All- America City Presentation Update ITEM C: i T E11S D: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) 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. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Election- - Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335, to Allow for Voting by Electronic Transmission and Making Technical Corrections 2 2. Ordinance No. 2557 -2011 -- Adopting the Annual. Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012 10 3. Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund... 14 4. Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require that the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility 17 5. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012 20 (Clerk's Note: At the May 18, 2011 Council meeting, a motion to adopt Resolution No. 2011 -40 was made and then a motion to postpone Resolution No. 2011 -40 to the June 1, 2011 was unanimously passed. The motion to adopt Resolution No. 2011 -40 is active.) 6. Resolution No. 2011 -42 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental for the Purchase of a New Multifunction Copier for City Hall 22 7. Resolution No. 2011 -43 -- Authorizing the Purchase of a Multifunction Copier from Konica Minolta Business Solutions 25 9. Resolution No. 2011 -44 -- Authorizing a Capital Project Title Change in Ordinance No. 2258 -2007 From the Wildwood Drive to Wildwood Drive Reconstruction and the Marathon Road and Willow Street Improvements Resolution No. 2011 -45 -- Awarding Non - Exclusive On- Airport Car Rental Concessions to Corporate Sales & Leasing, Inc., d /b /a Budget Rent A Car, Alaska Rent A Car, Inc., d /b /a Avis, for the Period July 1, 2011 Through June 30, 2016 31 33 /b . Resolution No. 2011 -46 -- Correcting the Total Purchase Price for Airport Snow Removal Equipment to the Amount of $864,727 35 ITEM E: MINUTES 1. *Regular Meeting of May 18, 2011 38 2. *May 9, 2011 Budget Work Session Notes 57 3. *May 10, 2011 Work Session Notes 64 4. *May 24, 2011 Special Council Meeting Minutes 69 5. *May 25, 2011 Special Council Meeting Minutes 72 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 76 2. Approval of Purchase Orders Exceeding $15,000 77 3. *Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle" 78 4. *Ordinance No. 2561 -2011 -- Amending KMC Chapter 6.20, Initiative and Referendum, to Add a New Section 6.20.020, "Limitation on Appropriations," to Prohibit the Appropriation of City Funds in Order to Influence the Outcome of An Election Concerning a Ballot Proposition or Question Initiated or Referred to the Voters Under City Charter 5. *Ordinance No. 2562 -2011 -- Amending Section 6.10.010, "Nominating Petitions," to Delete the Requirement That a Person Seeking to be Elected to the Office of Mayor or Council Member File With the City Clerk a Partially - Completed Nominating Petition Including Information of the Candidate's Name, Address, and Office Sought, Before Circulating the Petition for Signature 6. *Ordinance No. 2563 -2011 -- Amending Chapter 4.25, Uniform Plumbing Code, to Adopt the 2009 Edition of the Uniform Plumbing Code, Which Code Also Incorporates the Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar Energy Code and to Make Local Amendments to the Codes 7. *Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City 81 83 86 93 8. Action /Approval -- Commissioner Appointments /Library and Parks & Recreation Commissions 95 9. Discussion -- City Clerk Recruitment 98 ITEM It COMMISSION /COMMITTEE REPORTS 1. Council on Aging 113 2. Airport Commission -- 3. Harbor Commission -- 4. Library Commission -- 5. Parks & Recreation Commission 6. Planning & Zoning Commission 117 7. Miscellaneous Commissions and Committees a. Beautification Committee -- b. Alaska Municipal League Report -- c Mini -Grant Steering Committee -- d. Kenai Convention & Visitors Bureau -- e. Reports of KPB Assembly, Legislators and Councils -- ITEM I: REPORT OF THE MAYOR JUNE 1, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: ADD TO: B -1, All-America City presentation handout. CITY MANAGER CONSENT AGENDA None. COMMENT SIGN -UP SHEET COUNCIL MEETING OF: J %4< L- 9 /7 NAME ADDRESS TOPIC OR AGENDA ITEM? 26// - 9/3 1 h4VH }NW AUk WStl91 Ken YV M7r51II50: i v,Tiv All- America Citv Finalist PUBLIC HEARINGS tke ■(y a( KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2556 -2011 Suggested. by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING PORTIONS OF KENAI MUNICIPAL CODE TITLE 6, ENTITLED "ELECTIONS," [NCLUDING KMC 6.05.110, CONDUCTING AN ELECTION -- CANVASSING RETURNS; KMC 6.05.120, ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES; KMC 6.05.150, APPLICATION DEADLINE FOR APPLYING FOR ABSENTEE BALLOTS; KMC 6.05.1.70, ABSENTEE VOTING - -BY MAIL; KMC 6.04.200, VOTING DEVICES AND MACHINES; KMC 6.05.280, RECORD RETENTION; KMC 6.05.335, TO ALLOW FOR VOTING BY ELECTRONIC TRANSMISSION; AND, MAKING TECHNICAL CORRECTIONS. WHEREAS, the City is located in the Kenai Peninsula Borough and has historically cooperated with the Borough in the conduct of City of Kenai and Borough regular elections, which elections are held on the same date; and, WHEREAS, this cooperation has included, among other efforts, using a joint application fo„n for a voter to request an absentee ballot and allowing a voter to file the application with either municipality by a single deadline; and, WHEREAS, in the October 2010 election, it was discovered the City's deadline for application for absentee voting no longer corresponded with the Kenai Peninsula Borough deadlines due to changes in the State of Alaska's deadline requirements that had been incorporated in City Code and used by the City of Kenai for many years; and, Was-REAR, amendments to KMC'. 6.05.150 \xnll establish a clear elate by which a city of Kenai voter must submit their application for absentee voting and create a date that is consistent with the current Borough deadlines; and, WHEREAS, the City has observed that occasionally the Post Office fails to postmark absentee ballots cast by mail and amendments to KMC 6.05.120 and 6.05.170 will provide further direction about how to process those ballots; and, WHEREAS, amendments to KMC 6.05.280, Record Retention, are desirable to update language usage and to provide consistency between the retention requirement for Certificates of Election Return Reports and the City of Kenai Record Retention Schedule; and, WHEREAS, the City currently limits the four of electronic voting to voting by facsimile; and, New Text Underlined: [DELETED TEXT BRACKETED] Ordinance No. 2556 -2011 Page 2 of 7 WHEREAS, by expanding the alternatives for voting by electronic transmission, including by electronic mail, the City will thereby offer a wider range of absentee voting options to voters in City of Kenai elections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 6.05.110 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.1.10, Conducting an election -- Canvassing returns, is hereby am.ended as follows: 6.05.110 Conducting an election — Canvassing returns. Alaska Statutes, Chapters 15.15 through 15.20 and any amendments thereto, shall apply to the City elections insofar as they do not conflict with specific City ordinances. The precinct election boards shall deliver to the City Clerk one (1) copy of the certificate with the results of the vote in the precinct, the registers signed by persons voting, all ballots cas[E]t, all ballots improperly marked, damaged[,] or unlawfully exhibited, and all oaths, affirmations[,] and affidavits to the Council as provided by KMC 6.05.130. The Chair of each precinct election board shall retain possession of a duplicate copy of the results, which copy may be destroyed [WHEN] by each Chair twenty (20) days [HAVE ELAPSED] after the election unless the City Clerk or the City Council requests its delivery. Section 3. Amendment of Section 6.05.120 of the Kenai Municipal Code. The Kenai Municipal Code, Section 6.05.120, Establishment of Canvassing Board and procedures, is hereby amended as follows: 6.05.120 Establishment of Canvassing Board and procedures. (a) Pursuant to the provisions of Section 10 -9 of the Charter of the City of Kenai, there is hereby established a Canvassing Board for the canvassing of all City elections; regular and special, and to ascertain and declare the results thereof, as follows: (1) The City Clerk is hereby designated as the Chair of the Canvassing Board. (2) The Canvassing Board shall consist of the City Clerk, Chair of each precinct election board within the City, and up to five (5) additional judges selected from among the qualified voters of the City. In the event any such appointed member of the Board is absent from the City, ill, or otherwise unable to attend at the time set for canvassing the ballot, the City Clerk is hereby authorized to appoint another election judge from the same precinct to substitute for the appointed member. (b) The Canvassing Board shall meet in public session on the Tuesday following every City election, regular or special, at 8.30 a.m. and, if necessary, continue through the following day and shall promptly proceed to canvass the returns of said election, making decisions as to validity of questioned ballots, counting absentee ballots, and ascertaining and declaring the results of said election. The canvass of the ballot vote counted by the precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2556 -2011 Page 3 of 7 precinct's certificate of results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct certificate of results shall be corrected by the Canvassing Board. A mistake [WHICH] that has been made in precinct returns and that is not clearly an error in the transfer of the results from the tallies to the certificate of results, empowers the Canvassing Board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question. (c) In order to be counted; absentee ballots [WHICH] that are mailed must be mailed on or before the date of the election, and if the envelope containing the ballot is postmarked, the post mark date must be on or before the date of election, and said ballot must be received in the City of Kenai's mail by noon on the seventh (7th) day after the election. Ballot envelopes received by United States Postal Service without a postmark shall be counted. provided the ballot envelope meets all other requirements (signatures, registration, etc.) and the receipt by the City indicates the ballot was mailed on or before the date of the election and the ballot was received in the City of Kenai's mail by noon on the seventh (7 h) day after the election. (d) The City Clerk, as Chair of the Canvassing Board, shall report the results of the election to the City Council as the first order of business following the roll call at the next regular Council meeting following the meeting of the Canvassing Board. Section 4. Amendment of Section 6.05.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.150, Absentee Voting -- Application, is hereby amended as follows: 6.05.150 Absentee voting — Application. Any qualified voter who is entitled to secure and cast an absentee ballot may apply to the City Clerk in person, by a personal representative, by mail, or lay electronic transmission; for an absentee ballot. An application for an absentee ballot received by the City by mail or electronic transmission shall include the name of the applicant and both the [ADDRESS] location, i.e. electronic, facsimile. or mailing address to which the absentee ballot is to be returned and his or her full residential address in the City. The dates for making such applications for absentee ballots in City elections shall be [THE SAME AS THE DATES FOR MAKING SUCH APPLICATIONS FOR ABSENTEE BALLOTS IN STATE ELECTIONS] not less than seven (71 days prior to the election. The City Clerk shall follow the procedure prescribed by State law for election officials in determining whether an applicant is entitled to secure and cast an absentee ballot. Section 5. Amendment of Section 6.05.170 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.170, Absentee Voting - -By mail, is hereby amended as follows: 6.05.170 Absentee voting —By mail. (a) A qualified voter may apply for an absentee ballot by mail if the application is postmarked not earlier than the first of the year in which the election is to be held nor Less than seven (7) days before an election. A voter may request his or her name be placed on permanent absentee by mail status. The application shall include the New Text Underlined' (DELETED TEXT BRACKETED' -4- Ordinance No. 2556 -2011 Page 4 of 7 address to which the absentee ballot is to be returned, the applicant's full Alaska residence address, and the applicant's signature. (b) After receipt of an application by mail, the City Clerk shall send the absentee ballot and other absentee voting material to the applicant by first class mail. The materials shall be sent as soon as they are ready for distribution. The postage paid return envelope sent with the materials shall be addressed to the City Clerk. (c) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the secrecy envelope, to place the secrecy envelope in the postage paid envelope, and to sign the voter's certificate on the back of the postage -paid return envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date his or her signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall have the ballot witnessed by a person over the age of eighteen (18) years. (d) An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail, he or she shall use a mail service at least equal to first class [THE MOST EXPEDITIOUS MAIL SERVICE] and mail the ballot not later than the day of the election to the City Clerk. The ballot envelope [IT] must be postmarked on or before midnight of election day and received by the City Clerk no later than noon on the seventh (7«) day after the election [THE TUESDAY FOLLOWING THE ELECTION]. Ballot envelopes received after that time shall not be opened but shall be marked "invalid," with the date of receipt noted thereon, and shall be preserved with other ballots of the election. (e) The City Clerk may require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of his or her identity. (f) The City Clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent by mail The record must list the date on which the ballot is mailed and the date on which the ballot is received by the City Clerk and the dates on which the ballot was executed and postmarked. Section 6. Amendment of Section 6.05.280 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.280, Record Retention, is hereby amended as follows: 6.05.280 Record retention. (a) The certificate of returns of the Canvassing Board shall be maintained permanently, and descriptions of election boundaries, precincts, and polling places shall be maintained until they are revised. (b) Other election records shall be maintained for the period set forth below: [CONFLICT OF INTERESTLFinancial Disclosure Form l Six years � Five years I Candidate Affidavit of Expense and Contributions Election Registers Four years I [FOUR] Three years Nominating Petitions New Text Underlined; (DELETED TEXT BRACKETED! Ordinance No. 2556 -2011 Page 5 of 7 I Declaration of Candidacy 'Rejected Ballots Certificates of Election Return Reports [FOUR] Three years One year, unless election contested [ONE YEAR AFTER RECORDED IN MINUTES) Permanentl (c) The City Clerk shall inform the City Council prior to destruction of any records, specifying the type of record and the date of the election [IN WHICH IT WAS INVOLVED] to which it relates. Section 7. Amendment of Section 6.05.335 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.335, Absentee voting - -By facsimile transmission, is hereby amended as follows: 6.05.335 Absentee voting —By [ FACSLMILE] electronic transmission. (a) A qualified voter may apply to the City Clerk for an absentee ballot to be sent to the voter by [FACSIMILE] electronic transmission. Such [REQUEST] application must be made by the voter not less than the day immediately preceding the election. Absentee ballots will be transmitted [BY FACSIMILE) electronically to the location (facsimile number, e -mail address, or similar designation) designated in the application. If no location is designated, and if the [REQUEST] application is received no later than seven (7) days prior to the election, the ballot will be mailed in the manner provided in KMC 6.05.140 for delivering absentee ballots by mail.. The Clerk will provide reasonable conditions for transmitting absentee ballots [BY FACSIMILE] electronically. (b) The voter may return the ballot by mail or by electronic transmission. An [FACSIMILE] electronically-transmitted ballot shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot card to be used by persons voting in person at the polling places is acceptable. (c) An absentee ballot that is completed and returned by the voter by [FACSIMILE] electronic transmission must: (1) Contain the following statement: "I understand that by using [FACSIMILE] electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible." Followed by the voter's signature and date of signature; and (2) Be accompanied by a statement executed under oath as to the voter's identity; the statement under oath must be witnessed by one (1) United States citizen who is eighteen (18) years of age or older. (d) The voter may return the ballot by mail. The ballot must be marked, attested, and returned in accordance with KMC 6.05.170(d) if the voter returns the ballot by mail. [THE VOTER SHALL MARK THE BALLOT ON OR BEFORE THE DATE OF THE New Text Underlined' [DELETED TEXT BRACKETED -6- Ordinance No. 2556 -2011 Page 6 of 7 ELECTION AND SHALL USE A MAIL SERVICE AT LEAST EQUAL TO FIRST CLASS AND MAIL THE BALLOT NOT LATER THAN THE DAY OF THE ELECTION TO THE CLERK. THE BALLOT MAY NOT BE COUNTED UNLESS IT IS RECEIVED BY NOON ON THE SEVENTH (7TH) DAY AFTER THE ELECTION.) (e) If the voter returns the ballot [A VOTER WHO RETURNS THE ABSENTEE BALLOT] by [FACSIMILE] electronic transmission, the voter must comply with the same deadlines as for voting in person on or before the closing hour of the polls. (f) When a completed absentee ballot is received by the City through [FACSIMILE] electronic transmission, the Cleric will note the date of receipt on the absentee ballot application log and, if the ballot is received on Election Day, the time of receipt. The Clerk will then: (1) Remove the ballot portion of the transmission from the portion that identifies the voter; (2) Place the ballot portion in a secrecy sleeve; (3) Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots returned by mail, and seal that envelope; (4) Attach the voter identification portion to the outer envelope; and (5) Forward the outer sealed envelope to the Canvassing Board for review. (g) An [FACSIMILE] electronically- transmitted ballot shall be counted in the same manner as other absentee ballots, even though this procedure may reveal to one (1) or more election officials the manner in which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display an FACSIMILE] electronic ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the City Clerk, a member of the Clerk's staff, an information technologies technician retained by the City, an election official in the course of hi.s or her duties, or an attorney advising the Clerk on legal questions concerning the ballot. Section 8. Severabilitv: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 9. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption and upon approval of the United States Department of Justice (or notice of its non - objection). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. PAT PORTER, MAYOR New Text Underlined; DELETED TEXT BRACKETED) -7- Ordinance No, 2556 -2011 Page 7 of 7 ATTEST: Carol L. Freas, City Clerk Introduced: May 18, 2011 Adopted: June 1, 2011 Effective: *, 2011 New Text Gnderune• DELETED TEXT BRACKETED] -8- ilae c, KEW A "Village with a Past, CL y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Cjerk DATE: May 12, 2011 RE: ORDINANCE NO. 2566.2011 -- Amendments to Kenai Municipal Code Title 6, EIections. After the October 5, 2010 City of Kenai Election, a request was made for City Attorney Stearns and I to review the city's election code and suggest areas where amendments could be made. Information was forwarded to Council for review and discussion at its January 5, 2011 meeting and Council requested an ordinance be brought forward. Following the January 5, 2011 Council meeting, City Attorney Steams and I developed Ordinance No. 2556 -2011 to provide amendments to Title 6, Elections. Key areas to be amended include: • KMC 6.05.150 Absentee voting -- Application (to establish a clear date by which a City of Kenai voter must submit their application for absentee voting and L1 GaLL Qdate th at 1J consistent . vv th the current -, VS V& h J. deadlines). • KMC 6.05.280 Record retention (to update language usage and provide consistency between the retention requirement for Certificates of Election Return Reports and the City of Kenai Record Retention Schedule). • KMC 6.05.335 Absentee voting -- By electronic transmission (providing expansion of voting to allow voting by electronic transmission). In addition to the above list, there are also technical corrections to several areas which are specifically identified in the ordinance. If you have any questions with regard to Ordinance No. 2556 -2011, please contact me. clf ,n KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2557 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 AND ENDING JUNE 30, 2012. WHEREAS, it is a requirement of the Code of th.e City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2012 Annual Budget" which is available for examination by the public in the Office of the City Clerk, the City's website and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2011 and ending June 30, 2012. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2011, and ending the 30th day of June, 2012, to be expended consistent with and subject to the a and set forth in the Code of the City of Kenai and to restrictions, procedures, a:.., purposes 5., City be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $ 13,991,844 Enterprise Funds: Congregate Housing 439,700 Capital Projects Management Fund 98,223 Special Revenue Funds: Airport Land Sales Permanent Fund 1,037,483 General Land Sales Permanent Fund 125,000 Water and Sewer Fund 2,191,600 Airport Fund 2,693,874 Senior Citizen Fund 783,419 Debt Service Fund 177,348 New Text Underlined; DELETED TEXT BRACKETED} -10- Ordinance No. 2557 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: May 18, 2011 Adopted: June 1, 2011. Effective: July 1, 2011 New Text. Underlined; tDELETED TEXT BRACKETED flaye with a Past, Ci y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907 - 283 -3014 t./. . To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 12, 2011 Re: Ordinance 2557 -2011 Ordinance 2557-2011 will establish the FY12 Operating Budget for the City. The draft budget was issued on April 6 and differs slightly from what will be appropriated with the passage of Ordinance 2557 -2011. Those differences are as follows: 1, Employee Health Care. The April 6 draft included employee health care at a 50 °A renewal premium increase. The final renewal premium increase was 39.9% and included changed in employee deductibles, maximum out-of-pocket limits, and plan coverages. The final draft budget includes a health care plan in which the employee will pay 8.5% of premiums and self - insured deductible and the City will contribute the remaining 91.5 %. Individual employees will continue to pay no premium for their coverage. Employee premium will only be paid for dependent coverage. The result of this change was an increase in expenditures in the General, Water & Sewer, Airport, Senior Citizens, Congregate Housing, and Capital Project Management Funds of $63,802, $5,031, $4,292, $3,463, $261, and 5373 respectively. 2. City website maintenance was inadvertently included in two different General Fund departments. Removal from Non - Department resulted in an $800 decrease. 3. Mailing of the City's Newsletter will no longer talce place facilitating a 5300 decrease in the Legislative budget for communications. 4. Council directed the Administration to include $6,000 in funding for the Kenai Chamber of Commerce in the Legislative Department's Grants to Other Agencies account. 52,500 will assist with the City's Fourth of July Celebration and the remaining 53,500 will assist with the annual Christmas Comes to Kenai fireworks show. 5. Council directed the Administration to include 5500, in the Legislative Department's Grants to Other Agencies account, to assist in the annual Industry Appreciation Day celebration in Kenai. -12- I/ 6. Council directed the Administration to include $2,500 in funding for Central Area Rural Transit System (CARTS) in the Legislative Department's Grants to Other Agencies account. Council directed the Administration to include 510,000 in funding for the Kenai Peninsula Boy's and Girl's Club in the Legislative Department's Grants to Other Agencies account. 8. Council directed the Administration to include $10,000 in for pedestrian trail construction in the Parks Department Improvements account. The total increase change in total expenditures by fund are as follows: General Fund Ordinance 2557-2011 April 61h After Above Budget Draft Changes $ 13,900,142 $13,991,844 Special Revenue Funds Water &Sewer 2,186,569 2,191,600 Airport 2,689,582 2,693,874 Senior Citizen 779,956 783,419 Enterprise Funds Congregate Housing 439,439 439,700 Capital Project Management 97,850 98,223 Permanent Funds General Land Sale Permanent Fund Airport Land Sale Permanent Fund Debt Service Fund -13- 125,000 1,037,483 125,000 1,037,483 177,348 177,348 He dly of KENAL ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2558 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE MULTI- PURPOSE FACILITY CAPITAL PROJECT FUND. WHEREAS, the City of Kenai previously received a grant from the State of Alaska for $1,000,000 of which $250,000 was appropriated for the City's Library Expansion Project, $150,000 was appropriated for construction of the Daubenspeck Family Park and the remaining $600,000 was appropriated for street and sewer projects; and, WHEREAS, $25,000 of the remaining grant funds has been identified to perform preliminary design for the construction of an multi - purpose, indoor, artificial turf facility; and, WHEREAS, preliminary design services are an eligible project under the state grant; and, WHEREAS, during the FY12 Budget preparation process it was discussed to redirect $25,000 of the State grant funds to the multipurpose, indoor, artificial turf facility project; and, WHEREAS, in concurrence with the direction given by Council during the FY12 Budget process, the City Manager has authorized a budget revision and transfer of $25,000 to the Multi- purpose Facility Capital Project Fund from the Street, Water and Sewer Capital Project Fund; and, WHEREAS, it is in the best interest of the citizens of Kenai to explore the feasibility of constructing a multi - purpose, indoor, artificial turf facility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Multi- purpose Capital Project Fund Increase Estimated Revenues: Transfer from Other Funds $ 25,000 Increase Appropriations: Engineering $ 25,000 New Text Underlined; [DELETED TEXT BRACKETED] -14- Ordinance No. 2558 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: May 18, 2001 Adopted: June 1, 2011 Effective: June 1, 2011 New Tex.* Underlined [DELETED TEXT BRACKETED] -15- Rick Koch, City Manager / /From: Terry Eubank, Finance Director Date: May 12, 2011 Re: Ordinance 2558 -2011 "Village with a Past, C# with a Fr/dare" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907- 283 -3014 At the April 19, 2011 Council budget work session Council directed the administration to utilize $25,000 of state grant 09-DC-214 for completion of preliminary design of a multi - purpose, indoor, artificial turf facility. Grant 09 -DC -214 was previously appropriated for street and sewer improvements. Preliminary design of the facility is an allowable expenditure of the grant. Ordinance 2558 -2011 will appropriate $25,000 transferred from the Streets and Sewer Capital Project Fund to the Multi-purpose Facility Capital Project Fund for the facilities preliminary design. The $25,000 transfer from the Streets and Sewer Capital Project Fund was authorized via City Manager budget revision and is included in this packet as an informational item. -16- the «<v q KENALAL SKA Suggested by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2559 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 11.05.050, "CONDITION AS TO EQUAL SERVICES AND RATES," TO REQUIRE THAT THE CITY PROVIDE RESIDENTS OF THE CITY OF KENAI WITH FREE SERVICES AT THE CITY -OWNED BOAT LAUNCH AND PARKING FACILITY. WHEREAS, the City has put into place certain fees for taking advantage of City - provided services at the City -owned and operated boat launch facility; and, WHEREAS, although the City of Kenai Dock launching ramps and floats are facilities that provide access to waterways for the entire public, the costs of operating these facilities are supported not only from user fees but by the residents of Kenai who support governmental operations through taxes; and, WHEREAS, it is in the best interest of the City to acknowledge the contributions of the residents of the City of Kenai in payment of taxes by offering free City services at the City's boat launch and floats. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form.: This is a Code ordinance. Section 2. Amendment of Section. 11.05.050 of the Kenai Municipal Code: The Kenai iviunxcrpai Code, Section 11.05.050, .viuxtiut as to equal services and rates, is hereby amended as follows: 11.05.050 Condition as to equal services and rates. It shall be a condition of all permits granted by the City Council that the facilities to be constructed and the services to he supplied in connection with them shall be made available to all carriers upon equal terms, at equal rates, and without discrimination of any kind. Notwithstanding, the City shall provide services at its launch ramp and adjacent parking facility to residents of the City of Kenai at no charge. 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; IDELETED TEXT BRACKETED! _17_ Ordinance No, 2559 -2011 Page 2 of 2 rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 18, 2011 Adopted: June 1, 2011 Effective: July 1, 2011 New Text Underlined- [DELETED TEXT BRACKETED] -18- "Vwa e with a Past, ei with a Future' MEMO: 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 TO: Mayor Pat Porter Council Members Bob Molloy, Joe Moore, Ryan Marquis, Terry Bookey, and Brian Gabriel FROM: Vice Mayor Mike Boyle DATE: May 12, 2011 SUBJECT: Ordinance No. 2559 -2011 -- Providing free boat launch and parking services to City of Kenai Residents At the May 4, 2011 Council meeting, I stated that 1 was working on an ordinance to provide free services to City residents related to the City's boat launch facility. I now propose for introduction Ordinance No. 2559 -2011. This ordinance would require the City to provide free boat launch and boat launch parking to City residents. My hope is that the Council would introduce and adopt the Ordinance in time for residents to benefit from free service during the height of summer recreational activities. The Ordinance could go into effect as early as July 1 with the typical public hearing schedule. (The Council could later amend the fee schedule to reflect the "no charge" rule at some point in the future so that the Code and the fee schedule are consistent.) The Council has been involved in discussion of the Public Trust Doctrine in the past. As this issue does not deal with beach access or parking on the beach, I do not feel the Doctrine applies to this ordinance. By focusing on this service and facility constructed by the City with taxpayer funds I believe that, if challenged, the ordinance would be validated. The ordinance is also supported by the otherwise reasonable charges for this service in general and the fact that residents are supporting the facility through their tax dollars. Thus. I feel the City should pursue this matter. -19- the city. or KENAI. SKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 AND ENDING JUNE 30, 2012. WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the tenth day of June; and WHEREAS, the Council has adopted the "City of Kenai 2012 Annual Budget," which estimates property tax revenue based upon a tax rate of 3.85 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 2011 and ending June 30, 2012 be fixed at 3.85 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR -20- Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 12, 2011 Re: Resolution 2011 -40 "Village with a Past, Ci y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907 - 283 -3014 Resolution 2011 -40 will establish the rate of levy of property tax for 2011. The proposed rate of levy is 3.85 and will result in $385 in taxes being paid for each $100,000 of assessed property value. The rate is unchanged from 2010 and will generate the necessary property taxes to support the proposed FY 12 budget. The Administration recommends delaying action on this resolution until after adoption of Ordinance 2557 -2011 which is scheduled for June 1, 2011. -21- KENAI, ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -42 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND, NON - DEPARTMENTAL FOR THE PURCHASE OF A NEW MULTI- FUNCTION COPIER FOR CITY HALL. WHEREAS, the City's FY11 insurance expenditures are $21,500 less than previously budgeted; and, WHEREAS, $7,500 of this savings was redirected via Resolution 2011 -36 leav $14,000 available for redirection to other needs; and, g WHEREAS, there is a growing need for color scanning capabilities for City staff that the current flat bed scanner has been unable to meet ; and, WHEREAS, the demand for printing of color documents has increased resulting in City Hall Departments spending nearly $4,000 annually for printer toner; and, WHEREAS, purchase of a new copier with color capabilities will produce and estimated savings of $9,100 over a five year period. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA. the following budget transfers be made; From: General Fund - Non-Departmental Insurance To: General Fund - Non - Departmental Machinery & Equipment $11,500 500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. A l I`EST: Carol L. Freas, City Clerr Approved by Finance: r / /7.// Glob PAT PORTER, MAYOR -22- Nike of, KENAI, ALASKA -N�/ Tillaye with a Past, C/ Y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 9961 1 -77 94 Telephone: 907 -283 -7535 ext 221 / FAX: 907- 283 -3014 , To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 17, 2011 Re: Resolutions 2011 -42 and 2011 -43 for the purchase of a multi- function copier. The purpose of this memo is to recommend the replacement on the City Hall, upstairs copier with a new multi- function copier with color capabilities. The replacement would also facilitate elimination of two color laser printers currently in service. The upstairs copier at City Hall serves the Manager, Legal, Public Works, Planning, and Finance Departments of the City. The copier was installed in January 2007 and lacks the capability of color scanning and color printing. The demand for color printing capabilities increases each year. Currently departments in City Hall spend nearly 54,000 operating two separate color printers. Purchasing a multi- function copier with color capabilities would significantly reduce the cost of color printing by City departments. Below is a five year cost comparison between continued operating of the current copier and two color laser printers versus operating a single multi- function color copier: Current Copier and Laser Printers Year 1 Year 2 Year 3 Year 4 Year 5 Total Copier Purchase -0- -0- -0- -0- -0- -0- Copier Maintenance (Based on monthly charge of $238.58 and a maximum of240,000 copies)* S2,863 $2,863 $2,863 $2,863 $2,863 $14,315 Laser Printer Purchase S3,000 -0- -0- -0- -0- $3,000 Color Printer Toner $4 000 $4.000 $4.000 $4,000 $4,000 $20.000 Total $9_,K63 $6 853. $_6„8.63 $.6,863 $_6_,3_63 $37,315 * Copies over maximum at $0.00975 per copy New Copier Year 1 Year 2 Year 3 Year 4 Year 5 Total Copier Purchase 511,439 -0- -0- -0- -0- $11,439 Copier Maintenance: Black & White Copies (Based on 240,000 copies $0.0061 per copy) ** $1,464 $1,464 $1,464 51,464 51,464 $7,320 Color Copies (Based on 42,000 copies 50.0450 per copy) ** $1.890 $1..890 $1.890 $1,890 $1.890 59.450 Total 51A3 53 354 S1,354 $3.35.4 $3,3_54 518.209 ** Copies over maximum at same per copy rate. Difference (54,930) 53,509 53,509 53,509 53,509 59,106 -23- In addition to the cost savings City staff will gain access to quality and timely color scanning capabilities that currently do not exist. Scanning of color documents is currently accomplished via flat bed scanner. The speed and ease of operating the flat bed scanner makes it's a seldom used resource by City staff. A new multi- function copier would enhance color scanning capabilities for all City departments. Purchasing of the new copier will be accomplished utilizing a Kenai Peninsula Borough contract and was the result of a competitive request for proposal in which Konica Minolta Business Solutions received the highest ranking. Pricing achieved by the Borough during this process yielded lower rates than that offered through State of Alaska cooperative purchasing and Western States Contracting Alliance (WSCA). Allowing for a 5% local preference authorized by KMC 7.15.045 did not alter the results of the Borough's process. Attached is a copy of the May 3, 2011 Borough award letter. -24- the city ail KENAI, ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -43 A RESOLUTION OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF MULTI - FUNCTION COPIER FROM KONICA MINOLTA BUSINESS SOLUTIONS. WHEREAS, the Kenai Peninsula Borough recently completed a request for proposal for the purchase of multi- function copiers with the following result: F IR TOTAL SCORE Konica Minolta Business Solutions 280 HiSpeed Gear 252 Arctic Office Products 222 OfficeTECH of Alaska 217 Oce' North America 215 , IKON Office Solutions 198 ; and, WHEREAS, KMC 7.1.5.050 (1) permits the purchase util izing the contract resulting from the Borough's process; and, WHEREAS, application of KMC 7.15.045 Local Preferences, did not alter the results of the Borough's process as each of the two highest ranking firms have business locations in the City of Kenai.; and, WHEREAS, purchase of a new multi- function copier is estimated to result in a five year savings of S9,100 to the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Council authorizes the City Manager to award a contract to purchase a multi - function copier from Konica Minolta Business Solutions. -25- KENAI PENINSULA BOROUGH .144 North Binkley Street • Soldotne, Alaska 99669 -7520 Toll -free within the Borough: 1- 800 -478 -4441, Ext, 2260 www.borough. kenai.ak,us DAVID R. CAREY BOROUGH MAYOR MEMORANDUM TO: David R. Carey, Mayor f, FROM: Mark .Fowler, Purchasing & Contracting Officer DATE: May 3, 2011 SUBJECT: Authorization to Award Contract for the Purchase of Multi- on Copiers The Purchasing and Contracting Office formally solicited and received proposals for the purchase of multi- function copiers for all departments /services areas. Proposal packets were released on March 3, 2011 and the Request for Proposal was advertised in the Peninsula Clarion on March 3, 2011. On the due date of March 22, 2011 six (6) proposals were received and ranked by a review committee as follows: FIRM TOTAL SCORE Konica Minolta Business Solutions 280 HiSpeed Gear 252 Arctic Office Products 222 O ffi eTECH e i-_ VLIL A 1u�. ).i of %tiaean 211 Oce' North America 215 IKON Office Solutions 198 The highest ranking proposal was submitted by Konica Minolta Business Solutions. The proposal review committee recommends award of a contract to Konica Minolta Business Solutions. Your approval for this award is hereby requested. Funding for these purchases will be made on a department/service area basis based on need and available funds. ,4 C r? 3 7%24 Zo!/ David R. Carey, Mayor Date (0j -26- Multi Function Copiers • All Digital Copiers shall have network printer capability using Ethernet 10 /100 /1000Base -TX, TCP /IP and IPXISPX Protocol. All equipment/software shall be compatible with networking protocol TCP /IP and be capable of operating from Windows Server 2000, 2003, Windows 95, Windows 98, Windows 2000 Windows XP and Windows Vista. • All equipment shall support SNMP for device identification and for collection of print statistics. Bidder shall provide Network support for networked digital output devices and LAN interface upgrades, including hardware and software. Bidder shall provide toll -free customer service phone support from 8 :00 AM (AKST) to 5:00 PM (AKST) Monday through Friday (except for Borough holidays). + Bidder shall provide an after -hours contact number for Customers for emergency orders after standard customer service operating hours. + Bidder shall designate a Copier Program Manager (CPM) who will be authorized to make decisions on behalf of the Bidder to ensure that the contract implementation and day-to -day operation is as specified, • The CPM will be the first contact for the Customer regarding all copier related issues. + The CPM will obtain meter readings, with the designated Borough representative in each department/division and therefore be responsible for the accuracy and verification of the readings. + Bidder will provide a system for each Customer to order all consumable supplies for delivery directly to their office within 48 hours. Bidder shall provide a toll -free telephone number for this purpose, The toll free number shall be prominently displayed on each copier. Delivery, Installation and Setup + As part of the bid price, Bidder shall be required to deliver, install and set up equipment in accordance with the purchase order, which shall include all standard and Borough selected optional accessories /equipment. Bidder shall be responsible for scheduling delivery with the Department. + In some instances, the set up shall require coordination with the Borough's MIS Division to complete the network connection and fax set up. All charges for network integration /support connectivity must be included in the bid price. Equipment shall be delivered with a minimum of thirty (30) days consumable supplies Training shall be provided to Customer staff on the day of delivery and installation of each copier, at no additional cost to the Borough. Repair and Preventative Maintenance: A minimum of a four (4) hour response time on service calls shall be required, after a call is placed during normal business hours of 8:00 AM to 5:00 PM, Monday through Friday. Response time is -27- defined as the time between the initial service request and the time that technicians actually respond to the service request either via phone or in person. Preventative maintenance shall be based upon the specific needs of the copier as determined by the Bidder. • Bidder(s) shall have available, and operational, a meter credit arrangement, to allow for machine malfunction and to compensate for extra meter clicks when service technicians make test copies in servicing or repairing the machine, This provision is not intended to cover defects in copy quality, which are the result of operator errors (incorrect paper selection, operation of machine with insufficient toner, etc.) Loaner equipment of equal performance capabilities may be required if a machine is Inoperable for more than 36 hours from placement of the service call. Bidder(s) shall be required to remove and /or replace machines, at the Bidders expense, which in the opinion of the Customer fail to operate at an acceptable level. • Unacceptable operating service is defined as poor copy quality, excessive jamming, excessive maintenance /service calls, etc. At the Borough's request bidder(s) shall provide log book that accompanies the machine(s) and shall be required to sign off in the book, the date, what the problem was, how it was fixed and who worked on the machine. Information such as service call, service date, nature of the problem, number of copies and parts replaced are to be included. • The successful bidder will commit to a cost per copy price for equipment maintenance for five (5) years. The bid price of the maintenance portion of the contract will be annually adjusted to account for inflation. The bid price will be adjusted July 1 each fiscal year by the percentage change in the inflation of the previous year based upon the U.S. Department of Labor statistics for Anchorage, Alaska. This adjustment will be made by September 1st of each year commencing in 2012. • Maintenance agreements will be on a cost per copy basis to be calculated at the end of each month and billed accordingly. Supplies Original equipment manufacturer consumable supplies such as, but not limited to, toner, developer, fuser oil and staples shall be included in the monthly service cost, The only exclusion to consumable supplies furnished by the Bidder is paper, which shall be the responsibility of the Borough. • Bidder(s) shall provide and maintain adequate levels of all copier supplies to be stored at each site. -28- Black and White 21+ Pages Per Minute — Konica Minolta bizhub 223 11 "x17" R/E from 25% to 200% (1:2, 2:2, 2:1) Minimum 50 pages 750 sheets (dual cassette tray /drawer paper supply 1 GB RAM Max Paper Size: Variable Zoom: Automatic Duplex: Document Feeder: Minimum Paper Capacity: Standard Memory: Multiple User Code Capacity Base Equipment Cost: Cost per Copy: Additional Options Fax Module Collate: Offset Stapling /Finisher: $3,105.00 $0.0061 Minimum of 10 Sets Up to 50 Sheets $559.00 included $624.00 41+ Pages Per Minute — Konica Max Paper Size: Variable Zoom: Automatic Duplex: Automatic Paper Select Document Feeder: Minimum Paper Capacity: Standard Memory: Multiple User Code Capacity Base Equipment Cost: Cost per Copy: Additional Options Fax Module Collate: Offset Stapling /Finisher: Minolta bizhub 423 11 "x17" R/E from 25% to 200% (1:2, 2:2, 2:1) Minimum 50 pages 2,500 sheets (minimum three separate cassette tray /drawer paper supply) 1 GB RAM — 60GB HD $4,134.00 $0.0061 Minimum of 10 Sets Up to 50 Sheets $559.00 included $810.00 71+ Pages Per Minute — Konica Max Paper Size: Variable Zoom: Automatic Duplex: Automatic Paper Select Document Feeder: Minimum Paper Capacity: Standard Memory: Multiple User Code Capacity Base Equipment Cost: Cost per Copy: Additional Options Fax Module Collate: Offset Stapling /Finisher: Minolta bizhub 751 11" x 17" R/E from 25% to 200% (1:2, 2:2, 2:1) Minimum 100 pages 7,500 sheets (minimum four separate cassette tray /drawer plus 4,000 sheet LCT) 1 GB RAM — 60 GB HD $9,959.00 $0.0062 Minimum of 20 Sets Up to 50 Sheets -29- $604.00 included $1,682.00 Full Color 31+ Pages per Minute — Konica Minolta bizhub C35 Max Paper Size: 8 W x 14" Variable Zoom: R/E from 25% to 200% Automatic Duplex: (1:2, 2:2, 2:1) Automatic Paper Select Document Feeder: Minimum 50 pages Minimum Paper Capacity: 750 sheets (minimum dual cassette tray /drawer paper supply) Standard Memory: 1 GB RAM — 60 GB HD Multiple User Code Capacity Base Equipment Cost: $1,904,00 Cost per Copy: $0.0062 black & white /$0.045 color Additional Options Fax Module Collate: Offset Stapling /Finisher: Minimum of 20 Sets Up to 50 Sheets included not available not available 41+ Pages per Minute — Konica Minolta bizhub C452 Max Paper Size: 8 %" x 14" Variable Zoom: R/E from 25% to 200% Automatic Duplex: (1:2, 2:2, 2:1) Automatic Paper Select Document Feeder: Minimum 100 pages Minimum Paper Capacity: 3,500 sheets (minimum three cassette tray /drawer paper supply) Standard Memory: 2 GB RAM — 80 GB HD Multiple User Code Capacity Base Equipment Cost: $8,260.00 Cost per Copy: $0.0061 black & white $0.045 color Additional Options Fax Module Collate: Minimum of 20 Sets Offset Stapling /Finisher. Up to 50 Sheets $604.00 included moon nn gO I V.VV 61+ Pages per Minute — Konica Minolta blzhub C652 Max Paper Size: 11" x 17" Variable Zoom: R/E from 25% to 200% Automatic Duplex: (1:2, 2:2, 2:1) Automatic Paper Select Document Feeder: Minimum 100 pages Minimum Paper Capacity: 3,500 sheets (minimum three cassette tray /drawer paper supply) Standard Memory: 2 GB RAM — 80 GB HD Multiple User Code Capacity Base Equipment Cost: $10,629.00 Cost per Copy: $0.0061 black & white /$0.045 color Additional Options Fax Module Collate: Offset Stapling /Finisher: $604.00 Minimum of 20 Sets Up to 50 Sheets $810.00 -30- CITY OF KENAI Suggested by: Administration 6EN1l ASHA RESOLUTION NO. 2011 -44 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A CAPITAL PROJECT TITLE CHANGE IN ORDINANCE NO. 2258 -2007 FROM THE WILDWOOD DRIVE TO WILDWOOD DRIVE RECONSTRUCTION AND THE MARATHON ROAD AND WILLOW STREET IMPROVMENTS. WHEREAS, on October 17, 2007 the Council passed Ordinance No. 2258 -2007 increasing revenues and appropriations by $592,541.34 by accepting a grant from the State of Alaska; and, WHEREAS, Ordinance No. 2258 -2007 named and appropriated the funds to The Wildwood Drive Capital Project Fund; and, WHEREAS, during the design process the Wildwood Drive Project was deemed ineligible to construct due to right -of -way ownership issues; and, WHEREAS, a request was submitted to the State Legislature for the project title change to Wildwood Drive Reconstruction and Marathon Road and Willow Street Improvements; and, WHEREAS, the project title change was granted and approved by the Legislature and the Governor in SLA 2009, Chapter 15, Section 31(a), Page 74, line 9 -16; and, WHEREAS, it is in the best interest of the City of Kenai to amend the title of this project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the title of the Wildwood Drive is changed to Wildwood Drive and Marathon Road and Willow Street Improvements. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2010. ATTEST: Carol L, Freas, City Clerk"), J, Approved by Finance,— PAT PORTER, MAYOR -31- f'�ie c'y of KENAI, ALASKA "Villaye with a Past, C with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 nia Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 11111' 1992 MEMO',.\DUM TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: May 23, 2011 SUBJECT: Resolution 2 011- 44 — Authorizing a Capital Projects Title Change in Ordinance No. 2258 -2007. Rick, The purpose of this correspondence is to recommend approval of the above- referenced resolution. The initial appropriation was only for the Wildwood Drive Project. When it was determined that the City did not own the Wildwood Drive right of way (ROW), the funding was re- appropriated by the Alaska Legislature to include Marathon Road and Willow Street The proposed resolution provides for a title modification in Ordinance No. 2258 -2007. This is a housekeeping change to document the changes that were approved by the Legislature. —32— Suggested by Administration CITY OF KENAI RESOLUTION NO. 2011 -45 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING NON - EXCLUSIVE ON- AIRPORT CAR RENTAL CONCESSIONS TO CORPORATE SALES & LEASING, INC. D /B /A BUDGET RENT A CAR, ALASKA RENT A CAR, INC., D /B /A AVIS FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2016. WHEREAS, two responsive bids were received on May 13, 2011 for the contract years July 1, 2011 through June 30, 2016; and WHEREAS, the bid amounts were as follows: Bidder Per Year Alaska Rent A Car, Inc. Corporate Sales & Leasing $47,278 $42,000 WHEREAS, the Council of the City of Kenai has determined awards to these bidders will be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, non - exclusive on- airport car rental concessions be awarded to the above bidders for the Kenai Municipal Airport for the period July 1, 2011 through June 30, 2016. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. PAT PORTER, MAYOR Al IEST: Carol L. Freas, City Clerkfl Approved by Finance: r New Text Underlined' ]DELETED TEXT BRACKETED] -33- Memo From: Date: Subject: "Serving' iGreater Kena& i enin4alar 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907. 2837951 FAX 907-2833737 Rick R. Koch- City Manager Mary Bondurant — Airport Manage May 24, 2011 Resolution No. 2011 -45 Bids were solicited on April 14 and 17, 2011, in the Peninsula Clarion and Anchorage Daily News, for the right to operate a non - exclusive on- airport car rental concession in the Kenai Airport Terminal building. Five (5) bid packets were picked up and two (2) responsive bids were received at 2:OOpm on Friday, May 13, 2011. The minimum annual guarantee (MAGs) bids were as follows: Alaska Rent A Car, Inc. d/b /a Avis Corporate Sales & Leasing, Inc., d /b /a Budget $47 27Q per year $42,000 per year Bid submittals were reviewed and determined to be complete. I recommend the City Manager enter into non - exclusive on- airport automobile rental concession agreements with Alaska Rent A Car, Inc., and Corporate Sales & Leasing, Inc. for the term July 1, 2011 through June 30, 2016, Cc: Robin Adams - Finance www, ken a l a irpo rt. co m -34- C40/ E AL ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -46. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CORRECTING THE TOTAL PURCHASE PRICE FOR AIRPORT SNOW REMOVAL EQUIPMENT TO THE AMOUNT OF $864,727. WHEREAS, at its April 20, 2011 meeting, the Kenai City Council approved. Ordinance No. 2547 -2011 and thereby appropriated $892,624 for the purchase of an Airport Grader and Wheel Loader; and, WHEREAS, at its May 4, 2011, the Kenai City Council approved Resolution No. 2011- 37 authorizing the purchase of Airport Snow Removal Equipment for the total amount of $804,000; and, WHEREAS, an error of $60,425 was identified in the total purchase amount stated in Resolution No. 2011 -37. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City is authorized to purchase the Grader and Wheel Loader for the correct total purchase amount of $864,727. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June 2011. Al 'EST: Carol L. Freas, City Clerk' Approved by Finance: ;l l PAT PORTER, MAYOR -35- enai IVIuniciisa1 /Xirport "Setvinwthe4 eater Ke+'ux& Peni.i'► n.Ia:3 305 N. WILLOW ST. SUITE 200. KENAI, ALASKA 99611 TELEPHONE 907. 2837951 FAX 907. 2833737 To: Rick R. Koch- City Manager From: Mary Bondurant — Airport Manag Date: May 25, 2011 Subject: Resolution No. 2011 -46— Airport Snow Removal Equipment The total purchase price for the airport snow removal equipment referenced in Resolution 2011 -37 approved at the May 4, 2011 Council meeting is in error. The total purchase price for the two pieces of equipment should be $864,727. A purchase price for the loader was used excluding costs for the 2011 price increase, radio, tires, and freight; Resolution No. 2011 -46 will correct this error, We are sorry for any inconvenience this may have caused. Enclosures Cc: Robin Adams — Finance Kevin Lyon — Public Works www.kenaiairport.com -36- COUNCIL MEETING MINUTES JT AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 18, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Mark R. Landt, Buccaneer Alaska Operating, LLC, Cook Inlet Permitting/ Outreach 2. Greg Jones, Executive Director /Alaska Mental Health Trust Land Office and Jeff Jessee, CEO, Alaska Mental Health Trust Authority -- Review /Update of Trust Activities in the Kenai Area. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 rnin.utes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2546 -2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. -38- (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission . for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and for Council to consider the ordinance.) Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by 53,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4. Resolution No. 2011 -38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District. 5. Resolution No. 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District. 6. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 7. Resolution No. 2011 -41 -- Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of $16,600. ITEM E: MINUTES 1. *Regular Meeting of May 4, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 15,000 *Ordinance No. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Eleciion -- Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6,05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting--By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, -39- Record Retention; and, KMC 6.05.335, to Allow for Voting by Elec Transmission and Making Technical Corrections. on c 4. *Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 5. *Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi - Purpose Facility Capital Project Fund. 6. *Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require That the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility 7, Discussion /Action -- Ordinance No. 2546 -2011, Schedule Council Work Session. ITEM 13: 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 iiPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM IC: ADDITIONAL PUBLIC COMMENT 1. Citizen. Comments (Public comment limited to 5 2. Council Member Comments utes per speaker) EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City Attorney: CINGSA's request to purchase easement and mineral deeds from the City of Kenai. -40- ITEM L: ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ADJOURNMENT -41- KENAI CITY COUNCIL - REGULAR MEETING MAY 18, 2011 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. 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 Ryan Marquis Pat Porter, Mayor Brian Gabriel Robert Molloy Terry Bookey Mike Boyle, Vice Mayor A quorum was present. Also present: Student Representative Hannah Coffman AGENDA APPROVAL The following changes were requested: ADD TO: MOTION: D -1, Ordinance No. 2546 -2011 -- Email transmission from Kellie Kelso in support of Ordinance No. 2546 -2011. J. Twait, Planning & Zoning Commission Chair, letter reporting on Commission's work session of April 27, 2011. 5/17/2011 M. Kebschull, City Planner, memo identifying planned Planning & Zoning Commission work session and schedule. Council Member Gabriel MOVED for approval of the agenda. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: -42- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 2 There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Gabriel MOVED to remove Item. 6, Ordinance No. 2559-2011 from the Consent Agenda. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. MOTION: Council Member Boyle MOVED to approve the consent agenda as amended and. Council Member Molloy SECONDED the motion, VOTE: *Student Representative Coffman: Yes Moore Marquis Porter Yes I Gabriel Ye Yes ' Molloy s Bo key Boyle Yes Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 13: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) B -1. Mark R. Landt, Buccaneer Alaska Operating, LLC, Cook Inlet Permitting /Outreach Mr. Landt provided a report of Buccaneer Alaska Operations' exploratory drilling program in the Cook Inlet and reviewed information provided in the packet and handed out. 13-2. Greg Jones, Executive Director /Alaska Mental Health Trust Land Office and Jeff Jessee, CEO, Alaska Mental Health Trust Authority -- Review /Update of Trust Activities in the Kenai Area. Mr. Jones and Mr. Jessee provided handout infosnsation and discussed the Trust's activities in the Kenai area, noting they would be more involved in the development of the Comprehensive Plan update and community issues. -43- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 3 ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) None. 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) D -1. Ordinance No. 2546 -2011 -- Amending KMC 14.22.010 Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time apublic hearing will be held and for Council to consider the ordinance.) The floor was opened to public hearing. Janine Espy, 403 McCollum Drive, Kenai -- Ms. Espy stated she would speak for herself, Gloria Wik and Walt Ward who gave her their three - minute times to speak and were present in the audience, Espy spoke in support of the ordinance; felt the ordinance was a positive step for Kenai; community members and neighbors she spoke with had no specific concerns with the ordinance; and, discussed the breadth of the 3 -W Subdivision and MAPS residents' efforts to discuss the ordinance with community members as well as all the property owners within the two areas. Alan Poynor, 4560 Wolfe Street, Kenai -- Spoke in support of the ordinance; objected to a comment made at the previous Council meeting that protocol was not followed in bringing the ordinance forward; objected to the thought the property owners should wait until the Comprehensive Plan Update was completed to bring the ordinance forward; and, requested Council to follow the wishes of their constituents and the changes to the Land Use Table presented in the ordinance. Chuck Winegarden, 309 Princess Lane, Kenai -- Spoke in support of the ordinance and provided a brief history of the MAPS efforts for changing land uses to protect the integrity of the neighborhood. -44- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 4 Jeff Twait, 1808 Julieanna Drive, Kenai -- Reported he was the Chair of the Planning & Zoning Commission; believed their work session was productive; and, felt it was the Commission's job to go through its process. Petrie. Falkenberg, 399 McCollum Drive -- Spoke in support of the ordinance; thanked Council Member Molloy for his assistance with the ordinance; noted signatures collected from throughout the area in support of the ordinance; and, requested Council's serious consideration of the ordinance. Karen Koester, 845 Set Net Drive, Kenai -- Reported she was a member of the Planning & Zoning Commission; felt the Commission's work session was constructive; and, the Commission it wanted to move forward, but wanted to review the Land Use Table for the whole City and not just what affected the RR -1 Zone. Mark Schrag, 312 Princess Lane, Kenai -- Stated his support of the ordinance; objected to the Council waiting until August to hold its work session on the ordinance; suggested the ordinance be returned to Council in June; the residents wanted more protection of their neighborhoods; there was a lot of support for the ordinance in the community; and, did not want to delay action on the ordinance for three months. Tim Navarre, P.O. Box 92, Kenai -- Stated the Commission wanted to find a common solution and did not want to piecemeal changes; the Commission wanted to work on the Land Use Plan for first; and, agreed to use the ordinance as a tool. Jim Montgomery, 535 Worthen, Kenai -- Spoke in support of the ordinance; there were no conditional use permits in their subdivision and wanted to maintain it that level; and, learned from the City Planner not all the suggested amendments to the last Comprehensive Plan were completed. Colleen Ward, 708 Magic Avenue, Kenai -- Noted she was speaking for herself, Karen Rogers and Ramon Rogers (present in the audience) who were giving their three - minute times to Ward. Ward spoke in support of the ordinance; procedures from the Code and from the City were followed; the ordinance was developed from sound research and felt it would be a better plan; and, requested Council carefully consider the information and facts, and carefully consider their vote. Fred Jones, Executive Director of the Land Trust -- Reported it was unknown why the Trust did not receive the notices but discussed the issue with members of the MAPS area and the Trust wanted to be involved in the planning process and partner with the community. Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Stated he attended the Commission work session and felt there were too many issues to be resolved before taking the issue to public hearing; felt the removal of ability to have conditional use permits in the RR- -45- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 5 1 zones would diminish the entrepreneur spirit for home businesses, etc.; and, would like Council and City to be more business friendly in promoting economic development. Gary Hinkle, P.O. Box 322, Soldotna -- Stated he supported protecting the residential areas of the City; "taking" property would create liability for the City; felt the ordinance was trying to do too many things at once; and, felt issues of the ordinance needed to be separated. Henry Knackstedt, 1602 Barabara Drive, Kenai -- Stated he was a member of the Planning &, Zoning Commission; had no big objection to the ordinance, but was not sure if the timing was good because of the Comprehensive Plan work; felt the Commission should be looking at the City as a whole; the RR -1 Zone was on the books for 25 years and serving the areas well; and, felt the Commission needed to review the zone as a whole and then consider the ordinance. The being no one further wishing to speak, the public hearing was closed. BREAK TAKEN: 8:36 P.M. BACK TO ORDER: 8:45 P.M. Mayor Porter identified added information for the packet as: • Email transmission from Kellie Kelso in support of Ordinance No. 2546 -2011. J. Twait, Planning & Zoning Commission Chair, letter reporting on Commission's work session of April 27, 2011. 5/17/2011 M. Kebschull, City Planner, memo identifying planned Planning & Zoning Commission work session and schedule. Council Member Molloy thanked all those involved with the issue, including residents of the subdivisions, City Administration, and the Commission; stated he felt the Commission's work session was very good with lots of input from residents and the Commission. Because the Commission did not set a public hearing on the ordinance, it was returned to Council without comments; as sponsor, he explained to Council and. the Commission that if they needed more time to review the ordinance and /or hold additional work sessions, that could have been provided; reviewed his timeline which was included in the packet; believed the ordinance would need some amendments; and, after discussion of Council, he would move to postpone the ordinance to provide additional time to bring the public process forward. Council discussion included: • The Commission would begin work sessions on the Comprehensive Plan process on June 8. Supported the ordinance; felt esthetics were important; the future needed to be considered as well as a choice of future direction; and, to delay the ordinance for two years would be unfair. -46- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 6 Agreed the Commission's work session was very good; felt lots of other subdivisions, especially rural, would be impacted; felt the Land Use Table should be reviewed as a whole; and, felt the Comprehensive Plan process should move forward first. • Concerned with how the ordinance came forward to the Council; felt there were legitimate concerns of the residents, but Council's charge to the Commission was looking at all of Kenai; felt the Commission acted appropriately; felt postponing would, be counterproductive, confusing and divisive; need to follow the process; and, felt amending the Land Use Table would set a precedent and no one would be happy. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2546-2011 (1) until the August 1.7, 2011 Council meeting for additional public hearing at that meeting; (2) refer the ordinance to the Planning & Zoning Commission with directions to schedule and to hold a work session or work sessions, schedule a public hearing, and return the ordinance to Council with its recommendations in the packet for the August 17 Council meeting; and, (3) direct Administration to send out notice cards to residents of the City of the work sessions and public hearing on the ordinance. Council Member Boyle SECONDED the motion. Discussion on the motion included: • Process for notification, i.e. to whom, in the area is notified. • Suggestion to send out registered letters instead of note cards. MOTION TO AMEND: Council Member Moore MOVED to amend the motion that all residents of Kenai be notified of the land use public hearing and Council Member Boyle SECONDED the motion. Discussion on the amendment included: • Concern with cost to send out registered letters to all residents of the City (it was noted this was not part of the proposed amendment). • The ordinance was a significant change to the Land Use Table and all citizens should be aware of the suggested amendments. • The note cards could include all the work session dates as well as the public hearing date. VOTE ON AMENDMENT: *Student Representative Coffman: Yes Moore Yes Marquis Yes Gabriel 1 Yes Bookey [ Yes Molloy ;Yes Boyle Yes -47- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 7 Porter Yes MOTION PASSED UNANIMOUSLY. Further discussion included: • The Commission could request further time for review and Council could consider the request. • Review of the proposed timeline was provided and how it would dovetail with Council's work session. • Concern with direction to the Commission in the timeline given. • Confident the Commission could do the work because they regularly look at Iand use, etc. and make recommendations. • City Planner comment noted she did not have addresses of all residents, only property owners. MOTION TO AMEND: Council Member Molloy MOVED to amend the third part of the main motion to direct Administration to send out notice cards to all property owners within the City of Kenai. Council Member Marquis SECONDED the motion. Moore asked if that would be in addition to the residents of the City. It was suggested Administration bring a recommendation back at the next Council meeting. VOTE ON AMENDMENT: *Student Representative Coffman: Yes Moore Marquis Porter Yes Gabriel Yes } Molloy Yes L, MOTION PASSED UNANIMOUSLY. Yes • Bookey Yes Yes Boyle Yes A question of whether all residents of the City of Kenai would be noticed was asked. City Attorney Stearns explained, with the language of the main motion and last amendment, the issue was to send all property owners notices, but would not include all residents. Council Member requested reconsideration. A question of reconsideration of the vote on the first amendment was asked. Moore withdrew his request for reconsideration and accepted the vote on the amendment. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman: Yes -48- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 8 Moore No I Gabriel Yes Bookey Yes Marquis Yes Yes Molloy Yes Boyle Yes Porter MOTION PASSED. D -2. Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by 525,000 in the Personal Use Fishery Capital Projects Fund. MOTION: Council. Member Moore MOVED for adoption of Ordinance No. 2554-2011 and 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: *Student Representative Coffman: Yes Moore Yes Gabriel 1 Molloy Yes 1 Yes Bookey Boyle Yes I Yes Marquis ! Yes Porter Yes 1 MOTION PASSED UNANIMOUSLY. D -3. MOTION: Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. Council Member Bookey MOVED for adoption of Ordinance No. 2555 -2011 and 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: *Student Representative Coffman: Yes -49- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 9 Moore !Yes Gabriel Yes Bookey i es Marquis 1 Yes Molloy Yes Boyle 1 Yes Porter Yes MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2011 -38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District. MOTION: Council Member Marquis MOVED for approval of Resolution No. 2011 -38 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion, VOTE: There were no objections. SO ORDERED. D-5. Resolution No. 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District. MOTION: Council Member Moore MOVED for adoption of Resolution No. 2011 -39 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. D -6. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -40 and Council Member Bookey SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Council Member Marquis MOVED to postpone Resolution No. 2011 -40 to the June 1, 2011 Council meeting. Council Member Bookey SECONDED the motion. -50- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 10 VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes Moore Yes Gabriel Yes Booker Yes Marquis Yes Mollo - Yes Bo Ie Yes Porter Yes MOTION PASSED UNANIMOUSLY. D -7. MOTION: Resolution No. 2011 -41 -- Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of $16,600. Council Member Marquis MOVED for adoption of Resolution No. 2011 -41 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. ITEM E.: MINUTES E -1. *Regular Meeting of May 4, 2011 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills -- None. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Marquis MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: -51- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 11 There were no objections. SO ORDERED. G -3. *Ordinance No. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Election -- Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335, to Allow for Voting by Electronic Transmission and Making Technical Corrections. Introduced by approval of consent agenda, G -4. *Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. Introduced by approval of consent agenda. G -5. *Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund. Introduced by approval of consent agenda. G -6. Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require That the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility. Ordinance No. 2559 -2011 was removed from the consent agenda at the beginning of the meeting MOTION FOR INTRODUCTION: Council Member Boyle MOVED for introduction o Council Member Gabriel SECONDED the motion. Ordi, ce No. 2559 -2011 and Council Member Boyle explained the issue was a long - standing discussion; the dip net fishery became part of the life in Kenai; the Public Trust Doctrine did not include beaches and he believed the ordinance would solve the issue with the Doctrine. Comments included: Support of the ordinance. Suggestion a legal opinion be provided prior to the June 1, 2011 Council meeting. -52- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 12 Suggestion Dingle- Johnson federal funding be considered when preparing the opinion. • Suggestion the legal opinion include property owners who live outside of the City as well. • City Attorney Stearns noted there was new case law to consider since the last legal opinion. • Concerns of how such a program would be administered. include in the opinion the definition of a resident. • Administration provide suggestions of how the program would be administered, i.e. proof of residency, etc. • If possible, the opinion /administration of program should include property owners (which would include people who live outside of the City Limits). Council concurred in the request for the legal opinion with the noted topics included, G -7. Discussion /Action -- Ordinance No. 2546 -2011, Schedule Council Work Session. Council Member Molloy reviewed his suggested timeline. Discussion of how the Council's review would dovetail with the review of the Planning & Zoning Commission. Comments included: Preference the Commission should provide its preview and recommendations first. • Concern simultaneous reviews would be confusing and counterproductive. • Agreement the Commission review and recommendations be provided first. A work session was scheduled for August 15, 2011, beginning at 6 :00 p.m. and with a light meal provided. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Council Member Boyle provided a report of actions and discussions held at the May 13, 2011 meeting, including funding for the 40th anniversary celebration. H -2. Airport Commission -- Council Member Marquis reported the next meeting would be held June 9, 2011. H -3. Harbor Commission -- Council Member Gabriel reported the next meeting was scheduled for June 6, 2011 and he would be unable to attend. Council Member Molloy agreed to attend as liaison. -53- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 13 11-4. Library Commission -- Council Member Marquis reported the next meeting was scheduled to be held June 7, 2011. 11-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held in August. 11-6. Planning & Zoning Commission -- Council Member Bookey reviewed the May 12, 2011 Commission minutes which were included in the packet. H -7. Miscellaneous Commissions and Committees 13-7a. Beautification Committee -- Mayor Porter noted the May 10, 2011 meeting summary was included in the packet. H -7b. Alaska Municipal League Report -- No report. H -7c. Mini -Grant Steering Committee -- No meeting. H -7d. Kenai Convention & Visitors Bureau -- Council Member Bookey reported there was meeting scheduled for the next week H -7e. Reports of KPB Assembly, Legislators and Councils -- Council Member Marquis reported he attended the May 17, 2011 meeting and noted the final hearing on the ordinance to add streams to the Anadromous Streams Habitat would be held on June 7. ITEM I: REPORT OF THE MAYOR -- Mayor Porter noted events she had attended, including BP Teacher of the Year Awards; Senior Awards where she presented gifts from the City to Council's Student Representative Coffman and Parks 8a Recreation Commissioner Gilman; appearance on Sound -Off with Mayor Micciche; Poppy Day proclamation presentation; and, Peninsula Mayors' Meeting. She suggested employees be contacted for nominations of City residents to be appointed to the Personnel Arbitration Panel. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch reported the Legislature had adjourned and the capital bill had been forwarded to the Governor; he met with Senator Murkowski's Deputy Chief of Staff who would be based in Anchorage; and, the Senior Center had been awarded a $20,000 grant for the purchase of a new vehicle (a City match would be involved). J -2. Attorney -- City Attorney Stearns reported she had attended the Alaska Bar Association where she was elected Vice President of the organization, which was -54- KENAI CITY COUNCIL MEETING MAY 18, 2011 RAGE 14 confirmed by the Bar Association Members, and she congratulated the Skvview Mock Trial Team and its coaches for its hard work and involvement in the National competition. J -3. City Clerk -- City Clerk Freas reported she had not yet received the 2011 Public Official Financial Report (due April 151 from Planning & Zoning Commissioner Twait, ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment Limited to 5 minutes per speaker) Mark Schrag, 312 Princess Lane, Kenai -- Noted he felt residents of the MAPS and 3 -W Subdivision were being treated like second -class citizens; disagreed the Land Trust was the largest land owner in the MAPS area as stated earlier in the meeting; and, felt City Administration was being unreasonable inflexible with regard to a issuance of an encroachment permit which was causing him additional. Tim Navarre, P.O. Box 92, Kenai -- Spoke in opposition to the timeline for the Planning & Zoning Commission's review of Ordinance No. 2546-2011 and Council's scheduled work session. K -2. Council Member Comments Boyle -- Thanked the public for its comments and stated he was glad he lived in the United States of America. Molloy -- Thanked Student Representative Coffman for her services to the City and commented on the Mock Trial competition. Marquis -- Reported he participated with the third place winning Freas /Stearns TriviaPalooza team at the Visitors Center, and thanked Coffman for her time and efforts as Student Representative. Coffman -- Provided a report of upcoming events at the high school, including her graduation; thanked the City and community for supporting the student representative position; thanked the Council; and, she would be studying elementary education at college and planned on coming back to Alaska to teach after graduation. Bookey -- Congratulated Coffman and wished her luck. Gabriel -- Thanked Coffman for her participation; reported he would be unable to attend the June 1 Council meeting and June 6 Harbor Commission meetings. -55- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 15 Moore -- Congratulated Coffman and noted her receipt of college scholarships and agreed with Navarre's comments with regard to the suggested timeline for reviews of Ordinance No. 2546 -2011. EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City Attorney: CINGSA's request to purchase easement and mineral deeds from the City of Kenai. MOTION: Council Member Marquis MOVED to convene into executive session of the Kenai City Council regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City Attorney: CINGSA's request to purchase easement and mineral deeds from the City of Kenai. Council Member Molloy SECONDED the motion. City Attorney Stearns and City Manager Koch were requested to attend. VOTE: There were no objections. SO ORDERED. CONVENED TO EXECUTIVE SESSION: 10:40 P.M. SACK TO ORDER: 10:55 P.M. Council Member Marquis reported the Council met in executive session and gave our attorney direction to continue negotiation of easement rights. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date ac noted.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the mee adjourned at approximately 10:56 p.m. Minutes submitted by: a a 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 in rotation, with the official Council vote however advisory votes sh.all not affect the outcome of the official Council vote, Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -56- BUDGET WORK SESSION MAY 9, 2011 6:00 P.M. CITY COUNCIL CHAMBERS AGENDA ITEM 1: BUDGET REVIEW a. Changes to Health Care (continuation of 4/19/2011 discussion) b. Review of Budget by Department ITEM 2: SCHEDULE ADDITIONAL WORK SESSIONS) ITEM 3: ADJOURNMENT -57- BUDGET WORK SESSION MAY 9, 2011 6:00 P.M. CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: J. Moore, R. Molloy, B. Gabriel, R. Marquis, T. Bookey, P. Porter Staff present: C. Freas, E. Hicks. M. Joiner, L.Barrett, K. Romain, M. Nussbaum, K. Lyon, N. Carver, R. Adams, M. Landry, M. Tilly, R. Koch, B. Prates, M. Kebschull, G. Sandahl, D. Ross, J. Dye, S. Joy, T. Carver, C. Lehi Mayor Porter opened the work session at 6:00 p.m. and suggested anyone wishing to speak to any of the topics, would be given three minutes in which to do so. There were no objections from Council. ITEM 1: BUDGET REVIEW 1 -a. Changes to Health Care (continuation of 4/19/2011 discussion) Referring to information presented, City Manager Koch reviewed changes in the health care program with regard to the latest plan received (including employee share of annual deductibles, employee maximum, out -of- pocket limits, premium comparisons, deductible comparisons, cost increases to employees and other health care plan changes/requirements). Gus Sandahl, Police Chief -- Gave a brief description of the wellness program plans for the City. Marilyn Kcbsc usa City Planner - - Stated her support of the program, adding she believed the City and the program were fair and equitable. Earl Hicks, Airport -- Stated concerns of how the program changes were presented; felt employees were all paying for insurance; health insurance was part of the employment package; and, if the ordinance would be amended (regarding single employees not paying for insurance), then there would be no protection from councils raising employees' portion of health care costs. Nancy Carver, Planning -- Stated she believed employees were fortunate, thought the proposal was fair, and support Administration's recommended health care package. Matt Landry, Airport -- Stated he believed the health benefit was a part of his salary and requiring employees to pay more was a decrease to his salary. A long discussion took place by Council during which, comments included: • It was understood, the current proposal from Etna would be its last unless Etna revisited the program later on. • Did not support an amendment to the Code. -58- COUNCIL WORK SESSION MAY 9, 2011 PAGE 2 • Believed a lower employee -pay program was more attractive for recruiting employees. • Cautioned doing direct comparisons with other municipalities as some had collective bargaining. • Did not support Administration's suggestion to amend the Code and, thought the increase to employees was too much. • Today's costs for premiums were different than in 2003 when employees were not paying for anything; health insurance problems would not go away; and supported Administration's proposal. • Suggestion Council could develop a plan to address health insurance every year • Agreed consistency was a good goal; reluctant to amend the Code; felt the $20,000 cost to pay for the single employee was not a large cost; and, felt the cost of the wellness program would be money well spent. • Believed each employee should contribute something because it had become cost - prohibitive for citizens to pay. • Residents and taxpayers needed to be considered when making the choice, • Supported the Code change and felt it was a fair plan. • Changing the Code would be big change in the employee package, which was a long - standing policy, and it deserved larger discussion, and encouraged having the discussion over the next year. Council Member Bookey presented his suggested plan which would provide for the employees to pay 7.14% and the City paying the remainder. A brief discussion followed, with comments including the fact Bookey's proposal had not been forwarded to Ad.ministration to review prior to the work session. BREAK TAKEN: 7:10 P.M. BACK TO ORDER: 7:19 P.M. Discussion continued with comments including: • Bookey's proposal was presented, as an illustration. • Did not support a nine percent jump in cost to the employees. • Because of the open enrollment time period (from May 23 to June 3, a health care plan decision would be needed from Council. • Support of the single employee continuing at no cost in the health care plan and a nine percent increase to employees as proposed. • Agreed a change in the amount paid by single employees would need to be addressed in the future, but needed to be done over time; was being cognizant of taxpayers; proposed making other cuts in the proposed budget to accommodate the $20,000 single employee insurance cost. • Did not support changing the Code for employee contribution and wanted Administration to review and provide feedback with regard to the Bookey proposal (fact check the numbers provided, etc.). -59- COUNCIL WORK SESSION MAY 9, 2011 PAGE 3 Council took a break from health care plan discussion and continued on to department budgets. Discussion would return to health care plan upon completion of the budget review. 1 -b. Review of Budget by Department Council reviewed the individual budgets. Clerk -- Justification of a full -time Deputy Clerk position was briefly reviewed, but due to health care costs, was not approved. It was noted, there was $8,000 in the budget to cover overtime costs for the half -time Deputy Clerk position. No changes. Visitors Center -- A brief discussion took place related to putting $10,000 aside for preparation of a conceptual design for an expansion of the building to accommodate additional storage. It was noted, the requested amount was removed due to the health care costs; the Center had a storage connex which was in the Shop yard; and, the Center was encouraged to apply for a Tier I Rasmusson Grant to assist in the funding for the conceptual design, etc. No changes. Legislative -- Carol Bannock, Ex. Director, Kenai Chamber of Commerce -- Requested funding for Christmas Comes to Kenai fireworks and July 4 costs. Changes agreed to were: • Remove $300 for newsletter postage permit. Add $2,500 toward July 4 costs. • Add $3,500 for fireworks costs. • Add $500 for Industry Appreciation Day • Add $2,500 for CARTS • Do not include funds for Food Bank. • Do not include funds for student trip. • Do not include funds for Diversity Advertisement, • $10,000 Grant to Agency (Boys & Girls Club Scholarship -- See Recreation budget discussion). Suggestion was made to renegotiate and increase the management contract for Boys &, Girls Club instead of a grant to agency which could be discussed when the management agreement comes up. Legal Department -- No changes. -60- COUNCIL WORK SESSION MAY 9,2011 PAGE 4 City Manager -- No changes. Finance Department -- Discussion took place related to funding the Information Technology position. Concern was expressed with funding it when health costs were so high. Position was supported. No changes. Lands -- No changes. Non- Departmental -- Changes included: • Remove website maintenance (leave in Clerk's budget). • Remove language related to Congregate Housing Insurance. No other changes, Planning & Zoning -- No changes. Safety -- No changes. Police Department -- No changes. Fire Department -- No changes. Communications -- Check language /Five -of -five upgrade -- $5,000 Animal Control -- No changes. Public Works Administration -- Brief discussion took place related to the half -time Project Manager /half -time Public Works Director position. It was noted the Capital Projects side was expected to decrease, but if it increased, additional management would be made through contracts. No changes. Shop -- No changes. Streets -- Brief explanation was given for the following: • Crack sealing -- was better done by contractor (faster and specified work) • Backhoe services -- Should be excavator Services. • Miscellaneous hand tools -- Increased for purchase of socket sets for grader /loader and miscellaneous hand tools. No changes. Buildings -- Comments included: -61- COUNCIL WORK SESSION MAY 9, 2011 PAGE 5 $45,000 for paging fire /smoke alarm was not included and would wait for energy lighting changes to be done. Bay doors needing to be painted. No changes. Recreation Center -- Comments included: The bleachers were needing to be replaced -- the City Manager would inspect them. No changes. Street Lighting -- No changes. Library -- No changes. Recreation -- A brief discussion took place related to the Recreation Center management agreement with Boys & Girls Club. Suggestion was to provide a $10,000 grant and dedicate as a scholarship to supplement lower membership fee for Kenai residents. Add: $10,000 to Legislative budget as a grant to agency. Parks -- Add $25,000 for pedestrian trails (to be superseded by discussion on health care /employee share at 8.5% and City share 91.5% -- remaining funds to balance budget would be put into trail construction. (Clerk's Note: Amount ended as $10,000 toward trail construction.) Beautification -- No changes. 1 -a. Changes to Health Care (continuation of 4/19/2 011 discussion) Discussion continued with the following agreed upon finding: Single employee -- No pay. Employees -- 8.5% (what's left goes to trails). City -- 91.5% 1 -b. Review of Budget by Department Enterprise Funds -- No changes. Congregate Housing -- Rents should be re- evaluated and the Reserve Account was about 5250,000 instead of $500,000. ITEM 2: SCHEDULE ADDITIONAL WORK SESSION(S) -- None scheduled. -62- COUNCIL WORK SESSION MAY 9, 2011 PAGE 6 ITEM 3: ADJOURNMENT The work session ended at 9:40 p.m. Notes prepared by: Carol L. Freas, City Clerk -63- KENAI CITY COUNCIL WORK SESSION POSSIBLE AMENDMENTS TO COMMISSION /COMMITTEE APPOINTMENTS AND PUBLIC NOTIFICATION OF VACANCIES ON COMMISSIONS AND COMMITTEES TUESDAY, MAY 10, 2011 6:00 P.M. CITY COUNCIL CHAMBERS AGENDA ITEM 1: REVIEW OF INFORfrIATION PROVIDED AND DISCUSSION a. Ordinance No. 2527 -2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning &, Zoning Commission, to Add a New Section 14.05.015 Entitled, "Appointment to Planning &, Zoning Commission" Requiring Public Advertisement and Notice of Vacancies on the Commission, Pelinitting Any Member of the Council to Nominate a Person for Appointment to the Commission, and Defining the Term of Office (Clerk's Note: Ordinance No. 2527- 2011failed to be introduced at the January 14, 2011 Council meeting. At the February 2, 2011 Council Meeting, the May 10, 2011 work session was scheduled and it was suggested Ordinance No. 2527 -2011 be included in the work session discussion related to possible amendments to Commission and Committee Appointments and Public Notification of Vacancies on, commissions and Committees.) b. Memoranda -- Submitted by City Clerk Freas, City Attorney Stearns, and City Manager Koch at the Request of City Council ITEM 2: PROVIDE DIRECTION FOR PREPARATION OF AMENDMENTS TO CODE, ETC. ITEM 3: ADJOURNMENT -64- KENAI CITY COUNCIL WORK SESSION POSSIBLE AMENDMENTS TO COMMISSION /COMMITTEE APPOINTMENTS AND PUBLIC NOTIFICATION OF VACANCIES ON COMMISSIONS AND COMMITTEES TUESDAY, MAY 10, 2011 6:00 P.M. CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: R. Molloy, B. Gabriel, P. Porter. J. Moore, T. Bookey, R. Marquis Council absent: M. Boyle Staff present: C. Freas, R. Koch, K. Stearns, M. Joiner Mayor Porter called the work session to order at 6:00 p.m. and requested comments from commission /committee members in the audience. Bob Peters, Harbor and Library Commissions _ -. Spoke about difficulties getting people to serve and how some perceptions that the effort was not appreciated. Eileen Bryson, Library Commission -- Stated she felt seven - member commissions would be better than five - member commissions and would represent more voices from the community and variety of opinions and thoughts; felt quarterly meetings was not a good idea; suggested having meetings either every other month or do not have summer meetings. Lisa Gabriel, Beautification Committee -- Stated she would not have considered volunteering if her appointment was going to be voted on by Council in a meeting. Jessica *- Bookey, Library Commission -- Agreed with Bryson; liked meetings as they are; and, asking members if they were planning to be absent for the next meeting has helped. Tim Navarre, Planning 8v Zoning Commission -- Stated he felt it was acceptable to be voted on to be appointed to the Planning 8s Zoning Commission but others may find it problematic. Barry Eldridge, Harbor Commission -- Spoke about commissions having had problems making quorums; suggested Parks &, Recreation needed to have more meetings; and, felt the Mayor should make the appointments and councils should not be recruitin.g candidates. Bob Peters, Library and Harbor Commission -- Felt seven members was a good number for memberships and did not think the Library Commission should meet quarterly. ITEM 1: REVIEW OF INFORMATION PROVIDED AND DISCUSSION -65- COUNCIL WORK SESSION MAY 10, 2011 PAGE 2 1 -b. Memoranda -- Submitted by City Clerk Freas, City Attorney Stearns, and City Manager Koch at the Request of City Council Council discussed and agreed on the following items: Memberships: Commission memberships to remain at seven (7). Council on Aging would continue with nine. Concern was expressed for the number of meetings that would require the monthly meetings the Parks & Recreation. Director would be required to attend. Stipend: Not for other commissions /committees except for the Planning & Zoning Commission. Absences: If 50% of meetings are missed in a six -month period, the member forfeits he seat (absent Commission action, requiring a majority vote) and if a meeting is cancelled by the City Clerk, it will not count toward absences. An ordinance to amend the Code would be needed related to the "missed meetings" issue. Monthly meetings could begin immediately. Combining Commissions /Committees: No combination of commissions and /or committees. KMC 14.05.OlOfb)(3): Remove from ordinance. KMC 1.90: Suggestion to "eliminate KMC 1,90 and create a stand - alone chapter for each Commission." Decision was to not remove KMC 1.90 as it is more user friendly, accessible, etc. as it is. Amendments would be made to the absences portion of KMC 1.90. KMC 11.10.010ja)(1): plan." Amend to refer to "goals and objectives" instead of "master KMC 11.10.010(a)(4): Suggestion to remove "...not less than ninety (90) days prior to the beginning of the budget year" and replace with "...prior to December 3 of each year." No objections to making this amendment. KMC 11,10.010(a)(8): Suggestion to remove in entirety. No objections to making this amendment. Beautification Committee: Amend Code to add reference to Beautification Commission and include preparation of goals and objectives, capital projects plan, etc. -66- COUNCIL WORK SESSION MAY 10, 2011 PAGE 3 Council on Aging: No changes. Alternate Members to Commissions: No alternate members. BREAK TAKEN: 7:40 P.M. WORK SESSION RECONVENED: 7:45 P.M. Council discussed suggested amendments that were presented in Ordinance No. 2527 - 2011. 1 -a. Ordinance No. 2527-2011 -- Amending the Kenai Municipal Code, Chapter 14.05, Planning & Zoning Commission, to Add a New Section 14.05.015 Entitled, "Appointment to Planning & Zoning Commission" Requiring Public Advertisement and Notice of Vacancies on the Commission, Permitting Any Member of the Council to Nominate a Person for Appointment to the Commission, and Defining the Term of Office. (Clerk's Note: Ordinance No. 2527 -201 Ifailed to be introduced at the January 19, 2011 Council meeting. At the February 2, 2011 Council Meeting, the May 10, 2011 work session was scheduled and it was suggested Ordinance No. 2527 -2011 be included in the work session discussion related to possible amendments to Commission and Committee Appointments and Public Notification of Vacancies on commissions and Committees.) Comments included: • Concern the process would be too cumbersome if t: =.'o or three people have submitted applications for appointment to one commission and Council would vote on the nominations. • Currently, an applicant could be blackballed from being appointed to a commission/committee. • Criteria for deciding whose name would be forwarded for confi oration by Council was not known; these concerns were brought forward when reappointments were being made in January and no one was aware one of the applicants would not be re- nominated or for what reasons; and, there was no application included in the packet for the person nominated. • Suggestion more information be made available to Council Members to make educated or informed decisions was needed. • Better communication was needed between mayor and council members, • Suggestion to periodically publish an advertisement noting commission /committee vacancies. Applications received may also be filed for when vacancies are available. • City Clerk include a memorandum in packets to identify new vacancies and a memo with applications received identifying if there is a vacancy and if not, file the application for when a vacancy opens. -67- COUNCIL WORK SESSION MAY 10, 2011 PAGE 4 Suggestion to include a vacancy /nomination for any commission or committee on a. council meeting agenda as a discussion item. Suggestion to use the language suggested in Ordinance No. 2527 -2011 related to Term of Office, i.e. "...shall continue until successor is named." Agreement on the following items: • City Clerk advertises quarterly in the newspaper what commissions and committees are active in the City of Kenai and encourage citizens to apply for appointment consideration. Applications received would be included in Council packets as information items as is done currently. • When there is a vacancy and application(s) are available, include on the Council meeting agenda a discussion /approval item for appointment consideration. Clerk to include a memorandum with application(s) identifying vacancies on what commissions /committees. Mayor /Council to provide the Clerk with other relevant information related to the vacancy to be included in the meeting packet with the application. Some of the items discussed will need to be brought forward in an ordinance and some include in the agenda preparation policy. ITEM 2: PROVIDE DIRECTION FOR PREPARATION OF AMENDMENTS TO CODE, ETC. Review discussion held at Item 1 -b. ITEM 3: ADJOURNMENT The work session ended at approximately 8:30 p.m, Notes prepared by: Carol L. Freas, City Clerk -68- AGENDA KENAI CITY COUNCIL - SPECIAL MEETING MAY 24, 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval EXECUTIVE SESSION -- A matter that could prejudice the reputation and character of another, i.e. annual , evaluations of City Manager, City Attorney and City Clerk. ITEM 13: ADJOURNMENT -69- KENAI CITY COUNCIL - SPECIAL MEETING MAY 24, 2011 6:00 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 6:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Brian Gabriel Terry Bookey Mike Boyle, Vice Mayor Ryan Marquis Pat Porter, Mayor Robert Molloy Joe Moore A quorum was present. A -3. MOTION: AGENDA APPROVAL Council Member Molloy MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. EXECUTIVE SESSION -- A matter that could prejudice the reputation and character of another, i.e. annual evaluations of City Manager, City Attorney and City Clerk. MOTION: Council Member Molloy MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters that could prejudice the reputation and character of another: To conduct the annual evaluation of the City Manager, City Attorney and City Clerk. The City Manager, City Attorney and City Clerk will attend their individual evaluations. Council Member Marquis SECONDED the motion. -70- KENAI CITY COUNCIL SPECIAL MEETING MAY 24, 2011 PAGE 2 VOTE: j Gabriel 1 Yes Bookey Yes Marquis Yes Molloy j Yes Boyle Yes Porter Yes Moore 1 Yes MOTION PASSED UNANIMOUSLY. CONVENED INTO EXECUTIVE SESSION: 6 :02 P.M. BACK TO ORDER: 8:01 P.M. Council Member Molloy reported the Council conducted the annual evaluation of the City Manager. The City Manager received a positive annual evaluation. The Council would take up the evaluations of the City Attorney and City Clerk at its special meeting scheduled for May 25, 2011. ITEM B: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:02 p.m. Minutes submitted by: Carol. L. Freas, City Clerk -71- AGENDA KENAI CITY COUNCIL - SPECIAL MEETING MAY 25, 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval EXECUTIVE SESSION -- A matter that could prejudice the reputation and character of another, i.e. annual evaluations of City Manager, City Attorney and City Clerk, ITEM S: ADJOURNMENT -72- KENAI CITY COUNCIL - SPECIAL MEETING MAY 25, 2011 6:00 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 6:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Terry Bookey Ryan Marquis Pat Porter, Mayor Robert Molloy Joe Moore Mike Boyle, Vice Mayor Brian Gabriel A quorum was present. A -3. MOTION: AGENDA APPROVAL Council Member Molloy MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. EXECUTIVE SESSION -- A matter that could prejudice the reputation and character of another, i.e. annual evaluations of City Attorney and City Clerk. MOTION: Council Member Gabriel MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters that could prejudice the reputation and character of another: To conduct the annual evaluations of the City Attorney and City Clerk. Attendan.ce of the City Attorney and City Clerk were requested for their individual evaluations. Council Member Bookey SECONDED the motion. -73- KENAI CITY COUNCIL SPECIAL MEETING MAY 25, 2011 PAGE 2 VOTE: Bookev Yes ; Marquis j Yes 1 Molloy Yes Boyle Yes ' Porter Yes Moore Yes Gabriel Yes MOTION PASSED UNANIMOUSLY. CONVENED UNTO EXECUTIVE SESSION: 6:05 P.M. BACK TO ORDER: 9:11 P.M. Council Member Gabriel reported the Council conducted the annual evaluation of the City Attorney. The City Attorney received a positive evaluation. The Council conducted the evaluations of the City Clerk who also received a positive evaluation. ITEM B: ADJOURNMENT There being no further business to co:n.e before the Council, the meeting was adjourned at approximately 9:12 p.m. Minutes submitted by: Carol L. Freas, City Clerk -74- NEW BUSINESS PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF a JUNE 1, 2011 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ENSTAR NATURAL GAS UTILITIES VARIOUS UTILITIES 22,678.68 HOMER ELELCTRIC UTILITIES VARIOUS UTILITIES 89,420.29 0) INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: JUNE 1, 2011 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT THINK OFFICE LLC ADDITIONAL FURNITURE FOR LIBRARY INCREASE OF EXISTING PURCHASE ORDER LIBRARY IMP. MACHINERY & EQUIP. 53,518.80 VENDOR. ALASKA ROAD BUILDERS ALASKA ROAD BUILDERS BLAZY CONSTRUCTION DESCRIPTION AIRPORT REHABILITATE APRON AIRPORT REHABILITATE APRON KENAI LIBRARY EXPANSION P.O. # - DEPT. 90496 -NP IMPROV. 90496 -NP IMPROV. 92686 - LIBRARY EXP REASON AMOUNT TOTAL PO AMT C/O #7 82,895.56 7,489,759.58 C/O #8 64,616.00 7,554,375.58 CORRECT MATH ERROR ON C/O #5 82,394.73 4,956,724.66 ccyof KENAI.AA✓LASKA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2560 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 12.25.030, "LEAVING OF JUNKED OR ILLEGALLY PARKED VEHICLES," TO AMEND THE DEFINITION OF WHAT IS A "JUNK VEHICLE." WHEREAS, the City has adopted ordinances prohibiting owners of private property from leaving vehicles on the property that are considered "junk vehicles" for longer than 72 hours except under certain circumstances; and, WHEREAS, the City's definition of `junk vehicle" includes vehicles that are not current in their registration with the State of Alaska, even if the vehicle is parked on the property owner's driveway and is not in obvious disrepair; and, WHEREAS, in Alaska, it is a common practice for vehicle owners to allow registration to lapse when they are not operating a vehicle on the roadways and occupants of private property should be permitted to make decisions about where to properly store vehicles otherwise operational on their property; and, WHEREAS, law enforcement officers enforce the State's vehicle registration laws and cite drivers who operate vehicles on roadways where the driver's vehicle is not current in its registration. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 12.25.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 12.25.030, Leaving of junked or illegally parked vehicles, is hereby amended as follows: 12.25.030 Leaving of junked or illegally parked vehicles. (a) No person shall leave any junk[ED] vehicle on any street, highway, or public property within the City. (b) No person shall leave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and /or posted times, periods, or conditions. Any such vehicle shall be subject to emergency impounding procedures pursuant to KMC 12.25.040(c). New Text Underlined. [DELETED TEXT BRACKETED! _78_ Ordinance No. 2560 -2011 Page 2 of 3 (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any junk[ED]vehicle to remain on such property longer than seventy -two (72) hours; and no person shall leave any such vehicle on any property within the City for a longer time than seventy- two (72) hours; except that this ordinance shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and m.anner by the City. (d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the consent of the property owner or occupant. (e) Notwithstanding the provisions of subsection (c) of this section, if the City Manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and, that there is no reasonable means for removing the vehicle from public view while repairs are being performed, the City Manager may authorize a period of no more than thirty (30) days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met. (1) "Junk vehicle" means a motor vehicle that is: (1) [NOT CURRENTLY REGISTERED FOR OPERATION UPON THE PUBLIC ROADS OF THE CITY; OR (2)] In a condition which exhibits two (2) of the following elements: (i) A substantial amount of broken or missing glass; (ii) Missing two (2) or more wheels or tires; (iii) Missing a body panel or body part, such as quarter panels, bumper, trunk lid or hood; (iv) Missing an essential component such as the engine, transmission, carburetor, distributor, brake or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat, or drive shaft; or ([3]2) Stripped, wrecked or otherwise inoperable due to mechanical failure; or New Text Underlined; [DELETED TEXT BR4CKETEDi -79- Ordinance. No. 2560 -2011 Page 3 of 3 ([4]3) Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle. [(g) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER SUBSECTION (F)(I) OF THIS SECTION THAT THE MOTOR VEHICLE IS USED ONLY FOR MOTOR VEHICLE RACING AND HAS BEEN IN A LEGAL COMPETITIVE RACING EVENT WITHIN THE PRECEDING ONE (1) YEAR.' Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011. Effective: July 15, 2011 New Text Underlined- [DELETED TEXT BRACKET -80- the e# KENAI. SKA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2561 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI., ALASKA, AMENDING KMC CHAPTER 6.20, INITIATIVE AND REFERENDUM, TO ADD A NEW SECTION 6.20.020, "LIMITATION ON APPROPRIATIONS," TO PROHIBIT THE APPROPRIATION OF CITY FUNDS IN ORDER TO INFLUENCE THE OUTCOME OF AN ELECTION CONCERNING A BALLOT PROPOSITION OR QUESTION INITIATED OR REFERRED TO THE VOTERS UNDER CITY CHARTER. WHEREAS, under Kenai Charter section 11 -1(a), the qualified voters of the City, by the initiative, may propose or an enact any ordinance that the Council has power to enact under the Charter, subject to certain limitations imposed by law; and, WHEREAS, under Kenai Charter section 11 -1(b), the qualified voters of the City, by the referendum, may approve or reject any ordinance passed by the Kenai City Council, subject to certain limitations imposed by law; and, WHEREAS, under Kenai Charter section 11 -5, the provisions of the Charter relating to initiative and referendum shall be self- executing, but the Council, by ordinance, may further regulate the procedures therefore; and, WHEREAS, the City has a compelling interest in assuring the appearance of fairness in the conduct of City elections; and, WHEREAS, expending funds to promote a particular outcome of an initiative or referendum election, as opposed to providing information about the election and the issues presented, diminishes the Charter rights of the citizens of the City of Kenai to express political preferences and /or disagreement with governmental decisions; and, WHEREAS, the Council helps to protect the public's interest in initiating and referring legislation when it refrains from engaging in partisan involvement in election questions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Foim. This is a Code ordinance. Section 2. Amendment of Chapter 6.20 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 6.20, Initiative and Referendum, is hereby amended by adding a new subsection 6.20.020 to read as follows: New Test Underlined; (DELETED TEXT BRACKETED] -81- Ordinance No. 2561 -2011 Page 2 of 2 6.20.020 Limitation on appropriations The Council shall not appropriate funds to influence the outcome of a City election concerning a ballot proposition or question referred to the voters by a citizen initiative or referendum process. Nothing in this section limits or prohibits the City from appropriating funds to influence the outcome of a state -wide election (consistent with AS 15.13.140) or from engaging in non - partisan educational, election - related communications and activities, including expending funds for providing the public with nonpartisan information about a ballot proposition or question; the publication of the time, date and location of an election; the education of students about voting and elections; the sponsorship of open debate forums; and, participation in get- out -the- vote or voter registration drives that do not favor a particular political position. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant w KMC 1.15.070(f), this ordinance shall take effect one month after adoption and upon approval of the United States Department of Justice (or notice of its non - objection). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: *, 2011 New Text Underlined [DELETED TEXT BRACKETED] _82_ HE NA ASKA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2562-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 6.10.010, "NOMINATING PETITIONS," TO DELETE THE REQUIREMENT THAT A PERSON SEEKING TO BE ELECTED TO THE OFFICE OF MAYOR OR COUNCIL MEMBER FILE WITH THE CITY CLERK A PARTIALLY - COMPLETED NOMINATING PETITION INCLUDING INFORMATION OF THE CANDIDATE'S NAME, ADDRESS, AND OFFICE SOUGHT, BEFORE CIRCULATING THE PETITION FOR SIGNATURE. WHEREAS, a person qualified to have their name placed on the ballot as a candidate for Mayor or for City Council Member must file a sworn statement of candidacy and a nominating petition with the City Clerk; and, WHEREAS, City election procedures also require a person considering candidacy for office to pre -file with the City Clerk a partially- completed nominating petition before that person circulates the petition for signatures by the qualified voters; and, WHEREAS, this additional process requiring a partially- completed nominating petition to be filed with the Clerk before circulating the petition for signature poses an unnecessary barrier and /or burden to candidacy for municipal office that is not necessary to preserve the integrity of City elections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1 c,,. -..... T. hi . Code ,1 ._ ,.,.. ce a�"`aca.tL PS2. a. 1 ui iu. aul� is a 4VUG ordinance. Section 2. Amendment of Section 6.10.010 of the. Kenai Municipal Code: The Kenai Municipal Code, Section 6.10.010, Nominating petitions, is hereby amended as follows: 6.10.010 Nominating petitions. (a) Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Council by filing with the City Clerk, between August 1, and August 15, a sworn statement of his candidacy. If August 15 is not a regular City workday, the filing period shall be extended to the close of business of the next regular City workday. Such sworn statement shall be accompanied by a nominating petition signed by twenty (20) or more registered, qualified City voters as required by the City Charter, Section 10-3. New Text Underlinea [DELETED TEXT BRACKET'EDJ -83- Ordinance No. 2562 -2011 Page 2 of 3 (b) No voter shall sign more than one 11) petition except that a voter may sign as many nominating petitions for councilmen as there are vacancies to be filled; and if a voter signs more petitions than hereby authorized, his signature shall be void except as to the authorized number of petitions first filed. (c) Nomination petitions shall be substantially in the following fox nr. NOMINATING PETITION We, the undersigned twenty (20) electors of the City of Kenai, hereby nominate and sponsor , whose address is , for the office of , to be voted for at the election to be held on ; and we individually certify that our names presently appear on the rolls of registered voters of the City of Kenai, and that we are qualified to vote for a candidate for an elective municipal office, and that we have not signed any other nominating petition for the particular office this candidate seeks. Check term of office candidate is seeking: One year; Two years; Three years. (Here place lines for signatures, addresses, and dates of signing.) ACCEPTANCE OF NOMINATION I hereby accept the nomination for and agree to serve years if elected. Date Filed: By: Received: City Clerk Signature of Candidate [(D) A COPY OF THE NOMINATING PETITION, WITH THE CANDIDATE'S NAME, ADDRESS AND OFFICE SOUGHT FILLED IN, SHALL BE FILED WITH THE CITY CLERK BEFORE CIRCULATING THE PETITION FOR SIGNATURES.) Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED; -84- Ordinance No. 2562-2011 Page 3 of 3 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption and upon approval of the United States Department of Justice (or notice of its non- objection). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: ", 2011 New Text Underfined.; DELETED TEXT BRACKETED'=, -85- Mc thy of KEN ALASKA Suggested by: Administrarion CITY OF KENAI ORDINANCE NO. 2563 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 4.25, UNIFORM PLUMBING CODE, TO ADOPT THE 2009 EDITION OF THE UNIFORM PLUMBING CODE, WHICH CODE ALSO INCORPORATES THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND THE UNIFORM SOLAR ENERGY CODE AND TO MAKE LOCAL AMENDMENTS TO THE CODES. WHEREAS, the City previously adopted the Uniform Plumbing Code, 2006 Edition, of the International Association of Plumbing and Mechanical Officials, including the appendices and including certain local amendments; and, WHEREAS, the International Association of Plumbing and Mechanical Officials has updated the Uniform Plumbing Code in 2009; and, WHEREAS, International Association of Plumbing and Mechanical Officials has also adopted Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar Energy Code which Codes are incorporated in the Uniform Plumbing Code by reference; and, WHEREAS, the City of Kenai entered into a Memorandum of Agreement and Understanding with the State of Alaska regarding the City's responsibility for the inspection of electrical and plumbing installations in order to improve public protection and to avoid duplication of effort by clearly allocating plumbing and electrical inspection responsibility within the City of Kenai; and, WHEREAS, under that agreement, also known as a deferral agreement, the City agreed to adopt plumbing and electrical safety standards that are no less stringent than the State of Alaska's minimum standards; and, WHEREAS, the City's Building Official accordingly recommends adoption of these uniform codes along with certain amendments so that the City's codes will correspond to the State codes as required by the deferral agreement; and, WHEREAS, it would be most beneficial and in the best interest of the City if it adopted the latest plumbing, swimming pool, hot tub, and solar energy' codes with local amendments. 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 4.25 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 4.25, Plumbing Code, is hereby amended as follows: -86- Ordinance No. 2563 -2011 Page 2 of 7 Chapter 4.25 PLUMBING CODE 4.25.010 Adoption. 4.25.015 Local amendments to the 200[619 Uniform Plumbing Code. 4.25.020 Fee schedule. 4.25.030 Minimum standards. 4.25.040 Plumbing material standards. 4.25.050 Sewer required. 4.25.055 Building Official 4.25.060 Vent termination. 4.25.070 Protection of piping materials and structures. 4.25.080 Air chambers. 4.25.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the qualification of persons engaged in the business of plumbing and the installation, alteration, or repair of plumbing systems, that certain bound volume known as the "Uniform Plumbing Code," the "Uniform Swimming Pool, Spa and. Hot Tub Code, "and the "Uniform Solar Energy Code," 200[619 Edition, of the International Association of Plumbing and Mechanical Officials, including the appendices, except for such portions as are hereinafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein, 4.25.015 Local amendments to the 200[619 Uniform Plumbing Code. [413.1 FIXTURE COUNT. REVISE BY DELETING "TABLE 4 -1" AND INSERTING 2006 INTERNATIONAL BUILDING CODE, CHAPTER 29 AND TABLE 2902.1. 508.5 RELIEF VALVE DISCHARGE. DELETE SECTION 508.5. 603.4.8 WATER COOLED COMPRESSORS, DEGREASERS. AMEND SECTION BY ADDING A SECOND PARAGRAPH TO READ AS FOLLOWS: Nev ✓ Text Under,ined [DELETED TEXT BRACKETED] _87_ Ordinance No. 2563 -2011 Page 3 of 7 INSTALLATION, OPERATION OR USE OF AIR CONDITIONING OR COOLING UNITS EMPLOYING WATER OR OTHER FLUID AS A COOLING AGENT WITHOUT A RECOVERY AND RECIRCULATION UNIT IS PROHIBITED. 604.2 MATERIALS — COPPER TUBE. DELETE THE WORDS "OR UNDERGROUND OUTSIDE OF STRUCTURES" IN THE EXCEPTION. 608.7 VACUUM RELIEF VALVES. ADD THE FOLLOWING AFTER "ELEVATION ": "MORE THAN ONE STORY." 701.1.2 SANITARY DRAINAGE. DELETE THE WORDS "CHAPTER 15, FIRESTOP PROTECTION' AND REPLACE WITH THE WORDS "THE BUILDING CODE AS ADOPTED BY KMC." 704.3 FIXTURE CONNECTIONS EDRAINAGE). DELETE THE SECOND AND THIRD SENTENCES. 801.3 BAR AND FOUNTAIN SINK TRAPS. DELETE THE WORDS "5 FEET' FROM THE LAST SENTENCE AND SUBSTITUTE THE WORDS '15 FEET." 811.9 CHEMICAL WASTES — DENTAL VACUUM SYSTEMS. ADD A NEW SECTION AS FOLLOWS: 811.9 VACUUM DENTAL SYSTEMS MAY BE INSTALLED WITH SCHEDULE 40 PVC PIPE AND FITTINGS, ABOVE AND BELOW GRADE. PIPING AND FITTINGS INSTALLED IN PLENUMS OR PENETRATING FIRE RATED ASSEMBLIES SHALL HAVE A FLAME SPREAD INDEX OF NOT MORE THAN 25 AND A SMOKE - DEVELOPED RATING OF NOT MORE THAN 50 WHEN TESTED IN ACCORDANCE WITH THE TEST FOR SURFACE BURNING CHARACTERISTICS OF BUILDING MATERIALS, OR TO BE PROTECTED BY AN APPROVED FIRE AND SMOKE RATED MATERIAL. 903.1.2 VENTS; MATERIALS. New Text Underlined- [DELETED TEXT BRACKETED] -88- Ordinance No. 2563 -2011 Page 4 of 7 DELETE REFERENCE TO "CHAPTER 15 FIRESTOP PROTECTION" AND REPLACE WITH "THE BUILDING CODE AS ADOPTED BY KMC." TABLE 10 -1 HORIZONTAL DISTANCE OF TRAP ARMS. ADD ** AND * ** AFTER HORIZONTAL DISTANCE OF TRAP ARMS AND ADD THE FOLLOWING BELOW TABLE 10 -1. ** TRAP ARMS FOR RESIDENTIAL FLOOR DRAINS MAY BE EXTENDED BEYOND THE LIMITS OF TABLE 10 -1 TO WHERE THEY PASS UNDER THE NEAREST WALL BEFORE INSTALLING THE REQUIRED VENT. * ** A MAXIMUM OF TWO (2) UNVENTED FLOOR DRAINS MAY BE INSTALLED IN RESIDENTIAL GARAGES. EACH DRAIN SHALL HAVE A TWO -INCH (2 ") MINIMUM TRAP AND TRAP ARM AND TWO -INCH (2 ") FLOOR DRAIN. THE TAIL PIECE NEED NOT BE VENTED. BOTH TRAPS MUST TIE INTO THE MAIN BUILDING DRAIN SEPARATELY. 1007.0 TRAP SEAL PROTECTION. AMEND SECTION BY ADDING THE FOLLOWING EXCEPTION: EXCEPTION: R -3 OCCUPANCIES (ONE- AND TWO- FAMILY DWELLING UNITS). 1101.5 SUBSOIL DRAINS. AMEND SECTION 1101.5.1 BY ADDING TO THE BEGINNING OF THE PARAGRAPH: WHEN REQUIRED BY THE ADMINISTRATIVE AUTHORITY... 1101.9 FILLING STATIONS AND MOTOR VEHICLE WASHING ESTABLISHMENTS. AMEND SECTION 1101.9 BY ADDING TO THE BEGINNING OF THE PARAGRAPH: WHEN REQUIRED BY THE ADMINISTRATIVE AUTHORITY... 1101.11.1 PRIMARY ROOF DRAINAGE. New Text Underlined; [DELETED TEXT BRACKETED} -89- Ordinance No. 2563 -2011 Page 5 of 7 DELETE THE FIRST SENTENCE AND REPLACE WITH THE FOLLOWING, TO READ AS FOLLOWS: ROOF AREAS OF' A BUILDING SHALL BE DRAINED BY ROOF DRAINS, GUTTERS, SCUPPERS, OR SHEET FLOW OFF THE EDGE OF THE ROOF. CHAPTER 12 FUEL PIPING. CHAPTER 12 HAS NOT BEEN ADOPTED. REFER TO THE INTERNATIONAL FUEL GAS CODE. THE SIZING METHODS IN SECTION 1217 SHALL BE CONSIDERED ACCEPTABLE METHODS OF SIZING GAS PIPING. 1316.0 MATERIALS — MEDICAL GAS SYSTEMS. AMEND SECTION 1316.4 BY ADDING A SECOND PARAGRAPH AS FOLLOWS: VACUUM DENTAL SYSTEMS MAY BE INSTALLED WITH SCHEDULE 40 PVC PIPE AND FITTINGS, ABOVE AND BELOW GRADE, PIPING AND FITTINGS INSTALLED IN PLENUMS OR PENETRATING FIRE RATED ASSEMBLIES SHALL HAVE A FLAME SPREAD INDEX OF NOT MORE THAN 25 AND A SMOKE - DEVELOPED RATING OF NOT MORE THAN 50 WHEN TESTED IN ACCORDANCE WITH THE TEST FOR SURFACE BURNING CHARACTERISTICS OF BUILDING MATERIALS, OR TO BE PROTECTED BY AN APPROVED FIRE AND SMOKE RATED MATERIAL.] Amend section 412.3(3) by adding the following Ianguage to Iine one of the section, after the words "mercantile occupancies ": except food service establishments with seating, Amend section 508.5 by adding a new subsection 508.5.1 to read: 508.5.1 When a water heater is installed upon a platform, such as within a garage. the water heater relief valve piping shall discharge to the floor over the edge of the platform. Amend section 1213.0 by adding a new subsection 1213.1 to read: 1213.1 In addition to the requirements of this code for gas piping, the facilities and piping for use with liquefied petroleum gas shall meet the following requirements: (A} Liquefied petroleum gas shall not serve any gas fired appliance located in a pit or basement where heavier than air gas might collect to form a flammable mixture. (B) Pipe joint compounds used shall be insoluble in liquefied petroleum gas. New Text Underlined; [DELETED TEXT BRAC[LETED' -90- Ordinance No. 2563-2011 Page 6 of 7 (C) Every valve and appurtenance used on such piping shall be designed and approved for use with liquefied petroleum gas. (D) Relief valves shall discharge to the exterior of the building into the air and shall be at least five feet horizontally from any opening into a building that is below the discharge point. Delete section 1101,5, Subsoil Drains. in its entirety. 4.25.020 Fee schedule. Section 103.4.1 Permit Fees of the Plumbing Code adopted by this chapter is amended to read: If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, then the fee schedule shall be computed according to [TABLE 1 -A AT] KMC 4.05.030(b) and the schedule of fees adopted by the City Council. 4.25.030 Minimum standards. (Ords. 64, 269, 395, 542, Repealed 839) 4.25.040 Plumbing material standards. (Ords. 64, 269, 395, 542, 839, 1645-95, 1813-99, Repealed 2001 -2003) 4.25.050 Sewer required. (Ords. 269, 395, 542, Repealed 839) 4.25.055 Building Official. The Building Official of the City of Kenai shall have the powers, duties and functions prescribed for the Administrative Authority in the Uniform Plumbing Code adopted by KMC 4.25.010, provided [THE] said powers, duties and functions may be performed by the authorized representatives of the Building Official and under his or her supervision and control. 4.25.060 Vent termination. (Ords. 269, 395, Repealed 542) New Text Underlined' !DELETED TEXT BRACKETED! -91- Ordinance No. 2563 -2011 Page 7 of 7 4.25.070 Protection of piping materials and structures. Section 313.0 of the Uniform Plumbing Code adopted by chapter is amended to add the following: 313.13 Water service pipe shall have the thaw wire connected at the water main, and brought to the surface at the curb stop or other convenient location. Such wire shall not be smaller than 4/0 AWG. 4.25.080 Air chambers. (Ords. 126, 269, 395, Repealed 542) Section 3. Severabilitv' If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Effective; July 15, 2011 New Text Underlined; DELETED TEXT BRACKETED -92- the ti y o/ KENAI, AL SKA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2564 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 10.30, "RECORD RETENTION," TO ADD A NEW SECTION 10.30.060 "DISCLOSURE OF INFORMATION COLLECTION" TO REQUIRE THE CITY TO NOTIFY RESIDENTS AND PROPERTY OWNERS THAT THE CITY HAS COLLECTED INFORMATION ABOUT THE RESIDENT OR PROPERTY OWNER AND /OR THEIR PROPERTY IN THE CITY. WHEREAS, through its daily operations, the City develops and creates information on residents of the City and on real property and real property owners of property located within the City; and, WHEREAS, the collection of this information is sometimes covert; and, WHEREAS, persons who are the subject of an investigation maintained by the City, or persons owning property subject to an investigation or development of information by the City, are often unaware that the City of Kenai is developing and creating this information and retaining it in City files that are otherwise open and available for public inspection; and, WHEREAS, it is antithetical to the concept of American democracy that there are personal data record- keeping systems maintained by the City whose very existence is secret to the person(s) who are the subject of the records; and, WHEREAS, with some exceptions, such as for law enforcement purposes, the residents and property owners of the City of Kenai have a right to know if heir government is developing and maintaining records on the person and /or their real property. 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 10.30 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 10.30, Record Retention, is hereby amended by adding a new section to be numbered 10.30.060 and to read as follows: 10.30.060 Disclosure of information collection (a) The City shall notify any resident or owner of real property located in the City of Kenai if the City develops or creates a public record concerning the resident or New Text Underlined' [DELETED TEXT ERACKET -93- Ordinance No. 2564 -2011 Page 2 of 2 concerning the owner or the real property within the City. The City shall provide this information to the resident or owner in writing within 30 days of the City's collection of the information. (b) The notice must include the following information: the nature of the information and the method of its collection; the use(s) to which the information will be put; identification of any potential recipients of the information other than the citizen; that the person has a right to request production of the information from the City and /or that the person may view the data in the City's files. (c) This notice requirement does not apply to the City's development or creation of records exempted from public disclosure under KMC 10.40.040 or to financial records created in the regular course of the City's business and reflected in documents (including billing statements, receipts, and invoices) provided directly to the person. (d) For purposes of this section "public record(s)" has the same meaning as KMC 10.40.020. Section 3. Severablliiv: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: July 15, 2011 New Text Underlined; (DELETED TEXT BRACKETED] -94- TO: FROM: Carol L. Freas, Cit DATE: May 25, 2011 1V ilaye with a Past, Cifr with a Ftstcsre" 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenal.ak.us MEMO NDUM Mayor and Council Members RE: CONSIDERATION OF COMMISSION APPOINTMENTS Although no letters of resignation were received, it is my understanding there are now vacancies on the following commissions: Library Commission: Virginia Richards Parks & Recreation Commission: Benjamin Gilman Attached are the applications requested by Mayor Porter to be forwarded for appointment consideration: Katie Evans -- Library Commis i Jordanne VTilson -- Parks & Recreation Commission Clf Attachments -95- MAY -13 -2011 FRI 11:20 AN K. C, H. S. FAX NO. 9072833230 P. 01 CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: ' NAME: S,a. f. EJ o.n s Resident of the City of Henai? L -es Residence Address ' bc?:) San-,e5 RETURN TO: KENAI CITY CLERK 210 FIDALGrO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT, 231 FAX: 283.5068 How long? I' I my 1 c-e. (n4(5) Mailing Address 3C DS 5ames *Yu; flit 9,9 l l Home Telephone No. �g011 - 7431?)- 7`r3S5 Home Fax No. (\. /n Business Telephone No n , ra n/A Business Fax No. n / A Email Address: gaWg.• ieENH ko+rnall, Corn May we include your contact information on our web page? ALL If not all, what information may we u7 elude? EMPLOYER -three ?)ecu -`3 r`0.SVn Jab Title V'-SkRx— NAME OF SPOUSE: 0-IIq Curtest membership in arganizatians. (VP arganixatinuai memberships: rl /A 'TEES OR COMMISSIONS IN WEUCR YOU ARE INTERESTED: L'V hrat L S uct.sA4 re,SZnii_+toe , 'WHY DO YOV WANT TO BE INVOLVED WITH TEIIS COMMISSION OR COMMITTEE? how 3reak new •,deuS it, b[:n5 it, -h-'t bno rrs 40 ir rn.Je oui I- 1-Iror■-e5i l■a.P -q>ncra„nc.3 der morn bank Md F HiRh_ oo 0.1,010 rnp,s WcJ \d be 0. flood ec'..nei ;SAAR. For -f'tiln Sr,Slk; on r 0.rvi t would I inu.e 4o 'n? more_ ,nsn -uer- u. .r+ - WEAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? tow., 'in IearlexrJni( and. 5-}a& Caw' -Lk, 2 I,fwe bee^ t-x, la of -tt-e boats was o, Vol on}e -.r Ok -the. rnome e O.nA nuns _o- manas &C las c) en.r -Pal' -0-4- Y.e ej C M-roA high SCJ,w,I lie& -fly T I:rer'005C of my Sob - .half 3t,pr>4r .octal and 4✓n CJSed 'It LLbr ny in a 9rn.4= 5innal manne.c, Signature -96- • MAY -13 -2011 FRI 1120 AM K. C, H, S. FAX M0, 9072833230 P. 02 CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: r)_13 - I IiAME: L 2r UIflf ¶AJtbbin Resident of the City of Renal? \4Q-.0 Residence Address \l . b t 1P Mai»ng Address 11l D 31C40 ?NC Home Fax No.' N114 Business Fax No, N141F May we include your contact info include? \1,.¢4.I0.\ How long? gR(e11 RETURN TO; KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AX 99611 PRONE: 2S3 -753S, EXT. 231 FAX: 283.6068 V.p Gti, kC. Claipil Home Telephone No. 01M-2.i —Le 19/ Business Telephone No AV" Email Address: 6)9M O.0 G• Lon, on our web page? U not all, what information may we MPLOYER: NAME OF SPOUSE: Current membership in organizations: Caliki svi nsUb. Nati.\V'2 lJi)b - 1-4-60-11 iS n Job Title Past organizational asorabersHips: hR0CI tJnW5 )l A Sbc C2. r CAo COIGUTTEES OR COMTMIISSIONS IN WMCIi YOU ERESTED: 90\g ‘C-5 fit e.0 si W13Y DO YOU WANT TO BE INVOLVED W1TH MIS COMMIS n8 . r 4-i e 3 1�NIy� SM?/��( b1 to t..J 17P. r-n o.,l'k- R- .1r-V ln9 GC3JC'C (3 k-- It),-; tAil n15 0{1 1/15 i C, • • i « � WSAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO COMMISSION OR COMMITTEE MEMBERSHIP? i - - ._ --fl_ t / k , ��e ION OR COMMITTEE? ve. 'ornQ- YOU POSSESS TO BRING TO THE BOARD, VI Q.. ' 'lU"e ) Vl n�rhocc, ,fl \x.-nD,J a)c-- Lppt y 0.-0/1 eCA. .�►i{, 0 • 0�* Oa r Lure -97- May 24, 2011 Mayor and Council Members City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 This letter will serve as my resignation as the Kenai City Clerk and announce my retirement from the employ of the City of Kenai, effective June 30, 2011. For 26 years the City of Kenai has been my employer: Five years as the Legal Administrative Assistant and 21 years as the Kenai City Clerk. I have worked with and continue to work with incredibly dedicated and talented people from all the City's departments as well as across the State of Alaska. The job has been interesting, often difficult, sometimes disappointing, heart- wrenching, frustrating, time consuming, always challenging, and very rewarding. It has been my honor to serve the citizens of the City. C Carol L. Freas 609 Maple Drive Kenai, AK 99611 -98- th��pp�„ e LLpppp[ KENA Y '7W/aye with a Past, C# with a Rttgren 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: May 27, 2011 RE: RECRUITMENT OF CITY CLERIC The following items are attached to assist you in your discussion related to the recruitment of the next City Clerk for the City of Kenai: • The current City Clerk job description. • Kenai City Charter, Section 2 -5, City Clerk. • KMC 1.25, City Clerk. • Alaska Statute, Title 29, Section 29.20.380, Municipal Clerk. In addition, I provide the following suggestions /recommendations: • The position be advertised through AML, the Alaska Association of Municipal Clerks, Job Service, the City website, and at least the Peninsula Clarion. There are funds in the Clerk's budget to cover those costs. • Direct the City Attorney to handle the collection of resumes and applications to be sure necessary postings are made, etc. Also, most of City Clerk responsibilities are directed by the City Code, Charter or Alaska Statute. If changes are to be considered to the City Clerk job description, amendments to the Code take at least one month, changes to the Charter require a vote of the people, and a change to statute is made by the Legislature. If I can assist you further, please let me know. Clf Attachments -99- CITY OF KENAI DEPARTMENT OF THE CITY CLERK JOB DESCRIPTION -- CITY CLERK Position: City Clerk Service Type: Supervisory and Professional. -- Exempt Definition: The fundamental reason for the existence of this position is defined by the Kenai Charter, Section 2 -5. The position functions as the manager of the Clerk's Department for the City of Kenai as outlined in the Kenai Municipal Code, Chapter 1.25. This position supervises all matters related to the management, planning, and operation of the Clerk's Department and provides staff support to the City Council. In addition, the City Clerk supervises the recording, preparation and maintenance of all Council legislative action and proceedings; ensuring compliance with the provisions of the Open Meetings Act; providing information and service to the public and City Departments, serving as the City's Election Official; managing compliance with the Alaska Public Offices Commission as the City's filing officer and filing official for financial disclosure statements; manages and administers all official records of the City, public papers, and accounts records held for permanent or historical purposes as custodian of records for the City; duly authenticates all ordinances and resolutions passed by the Council; shall, on request, certify as true and correct copies of any city records which may be required; is custodian of the official City Seal; prepares all documents for and records of City Council meetings; and serves as the Registrar and Supervisor of Elections. ESSENTIAL DUTIES AND RESPONSIBILITIES: 1. Responsible for preparation of City Council agendas (after consultation with city manager and mayor), meeting /work session packets for distribution to Council, Department Heads, and making meeting agendas and packets available to the public for review, 2. Attend City Council meetings, regular or special, and prepare accurate official minutes; follow through on items acted upon by the City Council, including composing and preparing correspondence and advising various individuals of City Council actions, direct publishing, posting and mailing of notices, and the recording of documents. 3. Scheduling of council work sessions, special meetings, etc.; distribution of mail, answering phones, directing calls, taking messages and distributing them. 4. Knowledge and familiarity of Roberts' Rules of Order and maintain close working relationship with Mayor and Council Members. 5. Attest, record and certify as required all ordinances and resolutions. 6. Compose and prepare in final form ordinances, resolutions, proclamations, as well as City Clerk and Mayor /City Council correspondence, etc. 7. Serve as the City's Election Supervisor in conjunction with the Alaska Division of Elections and Kenai Peninsula Borough, for the conduct of municipal elections by issuing and receiving nomination papers; statements of qualifications; APOC Financial Disclosure forms, including filing the APOC forms to APOC; and other required documents from candidates. 8, As Election Supervisor, prepare ballots, including bond proposition information, -100- referendum, Charter Amendments, etc. as necessary; advertise Notice of Election, bond propositions, Charter amendments, etc.; gather, distribute to Borough, State of Alaska requests for absentee by -mail, by -fax, in- person, personal needs ballots. Follow throu.gb with mailing, faxing, etc. of City of Kenai ballots. Supervise City elections, including precinct election boards and Canvassing Boards. Prepare and present for Council consideration, the Certification of Election for each City of Kenai election. Coordinate and sometimes assist in depositing of voting equipment to precincts and pickup and storage of equipment following elections. 10, When necessary, delivery of voting machines, voted ballots, miscellaneous supplies to the Borough Clerks Office at the Kenai Peninsula Borough Building following elections. 11. Serve as custodian of the official City records and maintain the City Seal. 12. Ensure distribution of City Council resolutions, ordinances, and minutes, including electronically. 13. Maintain current and past legislative history of City Council actions and provide research and reference services to the public and City staff. 14. Maintain local improvement district (LID) files; distribute petitioning directions to interested parties; collect LID petitions, determining their sufficiency (returning them if found not sufficient); su.bmit sufficient petitions to the City Manager for preparation of report to City Council; prepare and schedule required resolutions; submit required notification to newspaper and affected property owners of proposed LID's, work with Department of Public Works in processing LID petitions and Finance Department with regard to final assessment roll notification of billings, etc. Prepare a variety of notices in accordance with city, state, and federal law, and calendar, notice and advertise public hearings. 16. Process and distribute signed contracts as necessary. in Provide notary services as required 18. Administer and coordinate the City's records management program to include document imaging, records retention, and records management systems and technology. 19. Keep abreast of laws governing the City Clerks areas of responsibility, including researching, recommending and implementing procedural and technological innovations to maximize efficient function of the duties of the City Clerks office. 20. Administer oaths of office for new employees, including department heads, police officers, fire department personnel; elected officials; Planning & Zoning Commission members; and, distribute copies oaths to the individual, Finance Department and keep on file in the City Clerks office. 21. Maintain current and past cemetery records, selling cemetery plots, intake of payments CITY CLERK JOB DESCRIPTION PAGE 2 -101- for plots, coordinating with Parks & Recreation Department and funeral directors for maintenance, burials, location of plots, etc. 22. Maintain current and past sidewalk marker /planting spaces for Leif Hansen Memorial Park, Kenai Cemetery Gazebo including sale of spaces /plantings; intake of payments; placement /assignment of memorial rocks, benches, trees / shrubs and coordination with plaque provider, landscaper, Parks & Recreation Department for plaque /planting orders, placements, etc. correspondence with purchasers, etc. 23. Prepare meeting agendas and packets for City commissions /committees, including advertisement of meetings, work sessions in local newspaper (as necessary) and placement of agendas and meeting /work session notices on city webpage. 24. Process notification of liquor license renewals, transfers, new applications by forward to Finance, Legal Department, Kenai Peninsula Borough as to whether there are any outstanding amounts (water /sewer, lease, etc.) owed. Forward the requests for renewal, etc. to the City Council for approval or protest if applicants are not current with amounts owed to the City /Borough as required by Kenai Municipal Code. g 25. License Itinerant Merchants, Mobile Food Vendors, Peddlers, Vehicles- for - hire, Private Investigators (including collection of fees, processing new applications, yearly renewals, certificates of bonding and insurance according to Code requirements), coordinate with City Attorney, Kenai Police Department and other city departments as necessary. 26. Distribution and collection of Alaska Public Offices Commission (APOC) Financial Disclosure forms for City Council, City Attorney, City Manager, and City Clerk as required by Code and Alaska Statute. 27. Prepare meeting summaries of commission /committee meetings and act as back -up recording secretary for the Planning & Zoning Commission, including preparation of minutes. 28. Receive written appeals of any city employee requesting a grievance be heard by the Arbitration Panel following requirements of KMC 23.35.034. 29. Receive Summons & Complaints served to the City. 30. Collect fines /penalties (pursuant to Alaska Statute) for City Code violations. Note: Currently, the fines /penalties are processed through the City Attorney and Finance Department. 31. Receive and process appeals of decisions of the Planning & Zoning Commission; forward letters of appeal to council for scheduling; advertise Board of Adjustment hearings through newspaper, webpage and notification of property owners within 300 feet of the subject property; coordinate with Planning & Zoning staff; act as recording secretary and swear in individuals offering testimony; coordinate and prepare packets of information for the Board of Adjustment members and appellees; and, record and prepare written minutes and, if needed, verbatim transcript of the hearing. 32. Keep accurate record of council attendance of all regular and special council meetings CITY CLERK JOB DESCRIPTION PAGE 3 -102- and according to the Kenai Charter, give written notification of termination of council membership when necessary. 33. Receive Initiative and Referendum petitions and with assistance from City Attorney, ascertain whether the legality and sufficiency of the petition and process according as required by Kenai Municipal Code, Charter and Alaska Statute. 34. Files and keeps all records, public papers, and accounts records held for permanent record or historical purposes as custodian of records for the City; attests deeds and other documents; supervises and manages City's records retention program for all City records and documents. 35. Preparation and administration of Legislative and City Clerk budgets. MINIMUM QUALIFICATION: 1. High School diploma or GED required. 2. A minimum of five years professional experience in local government. 3. A minimum of two years supervisory level experience required. 4. Any combination of experience and /or education which provides the required expertise, will be evaluated on an individual basis. DESIRABLE QUALIFICATIONS: 1. Certified Municipal Clerk designation preferred. ADDITIONAL DUTIES: 1. Responsible for updating the city's Internet webpage. 2. Development and implement office procedures and. systems. 3. Perim in other related duties as assigned. 4. Plans, directs, manages, supervises, and coordinates the admnistratio operations of the City Clerk's Department. and 5. Develops, revises, interprets, and directs the implementation of rules, regulations, policies, and procedures related to the day -to -day operations and the long- and short -term goals and objectives of the City Clerk's Department. 6. Develops, implements, and administers departmental budget and City Council's budget. CITY CLERK JOB DESCRIPTION PAGE 4 -103- 7. Develops policies and procedures in Clerk's Department, prepares work schedules, expedites work flow, makes staffing decisions, reviews and authorizes materials and equipment orders, and approves departmental expenditures within budgetary limits. 8. Directly supervises deputy clerk and support staff, when applicable. 9, When applicable, oversees all department personnel matters, approves recommendations regarding appointments, promotions, suspensions, and dismissal of Clerk's Department employees through the City's Personnel Officer, and establishes standards for recruitment, hiring, training, and promotion of staff. 10. Wh.en applicable, conducts performance evaluations for department employees, reviews perfo ,ranee evaluations, initiates and administers personnel and disciplinary actions, and resolves grievances. 11. When applicable, evaluates and manages staff training necessary to maintain certifications, professionalism, and proficiency of department staff and to guarantee high standards of customer service to the public. 12. Represents the department at meetings with City officials, civic, agency, and business organizations to discuss department functions, coordinate joint activities and programs, identify and facilitate joint resolutions to problems and issues related to the operations and services of the department. 13, Maintains productive working relationships within the department and with representatives of the community at all levels, including elected officials and staff, business, civic, and agency personnel, the media, and the public. 14. Meets regularly with the City Manager and other department heads related to coordination of council meeting agendas, etc. 15. When applicable, coordinates with the City Attorney on legal matters relating to the department. 16. Position has check signing authority, has direct collection of money (cemetery plots, etc., and has indirect access to funds through purchasing authority. 17. Position requires direct verbal and written communication with City of Kenai staff, the public, elected officials, local, state, and federal agencies, and various organizations regarding governmental procedures and issues, and requires a high degree of skill and fluency in this area. OTHER: CITY CLERK JOB DESCRIPTION PAGE -104- 1. Knowledge of the principles and practices of municipal government functions and operations, including hut not limited to the supervision and management of elections, the development and management of public records, data analysis and report preparations. 2. Knowledge of the principles and practices of employment supervision, including employee development, performance evaluations, and progressive discipline. 3. Demonstrate ability to work effectively with the public in a courteous, efficient, and professional manner. 4. Skill in working effectively and constructively with the media. 5. Skill in establishing and maintaining productive working relationships with City of Kenai elected and appointed officials and staff, the public, and federal, state and local agencies. 6. Skill in planning, organizing, and directing the activities of departmental services. 7. When applicable, skill in reviewing and evaluating the work of subordinate staff to ensure high operational and service standards are met and maintained. 8. When applicable, skill in identifying employee training needs and in developing and coordinating programs and activities to improve employees' professional skills, abilities, and performance. 9. Excellent written and oral communication skills, problem- solving skills, and interpersonal skills. 10. Ability to develop and maintain collaborative relationships with diverse groups. 11. Ability to work under pressure, maintain professionalism under pressure, manage simultaneous tasks and projects, and to meet multiple deadlines. 12. Knowledge and ability to use computers and electronic data processing and transmission; knowledge of modern office practices, procedures, and general office equipment; knowledge of and ability to use stationary and portable recording equipment; knowledge of general record keeping and filing systems; must be proficient in a Windows environment, including word processing, spreadsheet, and database software; must be able to operate an automobile; and, familiarity with multi -line phone system and LAN. 13. The position directs and manages the Clerk's Department which requires the coordination of operations and, when necessary, supervision of staff, to meet CITY CLERK JOB DESCRIPTION PAGE 6 -105- the department and City of Kenai goals and to effectively assist and serve the public. 14. Most work is performed in the Clerk's Office and at City Hall, but may require working in other locations; non - traditional work hours may be necessary; position is required to attend regular, special City Council meetings on a regular basis, as well as council work sessions (when necessary). WORKING ENVIRONMENT: Duties are generally performed in an office setting and public meetings, however some work duties will be performed in voting precincts, record storage areas and voting equipment storage areas. PHYSICAL DEMANDS: while perfo,.ning the duties of this job, the City Clerk is frequently required to use hands and fingers dexterously to operate office equipment and to communicate orally; regularly required to sit; and occasionally required to stand, walk, reach with hands and arms, left, and carry. The employee must occasionally transport up to 50 pounds. Specific vision abilities required include close vision and the ability to adjust focus. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. MISCELLANEOUS INFORMATION: 1. At City expense, must obtain a notary public certificate and seal. 2. Valid. Alaska Drivers License or the ability to obtain one within 30 days of employment or prior to operating a City vehicle and a copy of current driving record from Alaska State Troopers. 3. Applications are available at Kenai Job Service. All applications must be submitted to Kenai Job Service for screening. Applications will not be accepted at the City. 4. Applicants are encouraged to submiit a resume with the City of Kenai application form. 5. Employment is based on qualifications free of personal and political considerations, with equal opportunity for all with no restrictions as to race, color, creed, religious affiliations, age or sex. 6. The City of Kenai does not discriminate against the qualified disabled in employment. CITY CLERK JOB DESCRIPTION PAGE 7 -106- HISTORICAL INFORMATION Colonial Development When the early colonists came to America they set up forms of local government to which they had been accustomed and the office of clerk was one of the first to be established. When the colonists first settled in Plymouth, Massachusetts, they quickly appointed a person to act as recorder, That person kept all the vital records for birth, marriages, and deaths for the church, as well as various other records of appointments, deeds, meetings, and the election of officers at the annual town meeting The settlers were well aware of the importance of keeping accurate written records of their agreements and actions including grants of land, regulations governing animals, the collections of taxes, and the expenditure of town funds. State statutes have formalized many of the duties first delegated by vote of the town and has added others. Between 1742 and 1756, the town clerk was responsible for maintaining residency records to substantiate a person's voting rights. The town clerk was required to administer and record the oath of office taken by town officials. By 1776, the town clerk was empowered to call town meetings to elect selectmen if a majority of the selectmen had moved from the town or were absent in the service of the country. Early Beginnings The municipal clerk is the oldest of public servants in local government, along with the tax collector. The profession traces back before biblical times. For example, the modern Hebrew translation of Town Clerk is "Mazkir Hair" which literally translated, means city or town "reminder." The early keepers of archives were often called "Remembrancers," and before writing came into use, their memory served as the public record. In the eighth century, the Frankish Kings of France depended on the Mayor of the Palace to perform all manner of clerical and administrative tasks for the King including collecting taxes and fees, publishing documents, keeping state records, and assisting in the enforcement of the King's justice. Historical Summary Over the years, municipal clerks have become the hub of government, the direct line between the inhabitants of their community and their government. The clerk is the historian of the community, for the entire recorded history of the town (city and its people is in his or her care. Professor William Bennett Munro, political scientist, 1934: "No other office in municipal service has so many contacts. It serves the mayor, the city council, the city manager (when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together." CITY CLERK JOB DESCRIPTION PAGE 8 -107- Section 2-4. Council: Powers. (a) Except as otherwise provided in this Charter, all powers of the City, including the determina- tion of all matters of policy, shall be vested in the Council. Without limitation of the forego- ing, the Council shall have power: (1) To appoint and remove the City Manager as provided in this Charter when the City is operating under the Council- Manager form of government; By ordinance to enact Iegislation relating to any or all subjects and matters not prohibited by law or this Charter; (3) To adopt the budget, raise revenue, and make appropriations; and regulate salaries and wages and all other fiscal affairs of the City; (4) To inquire into the conduct of any office, department, or agency of the City govern- ment, and investigate municipal affairs; (5) To appoint or elect and remove the City Attorney and any other personnel in the Department of Law, election personnel, the members of the Personnel Board, the members of the Planning Commission, the members of the Board of Adjustment, and other quasi - legislative, quasi - judicial, or advisory officers and authorities, now or when and if established, or prescribe the method of appointing or electing and removing them; (6) To create, change, and abolish all offices, departments, and agencies of the City government other than theoffices, depart- ments, and agencies created by this Char- ter; and to assign additional powers, duties, and functions to offices, depart- ments, and agencies created by this Char- ter. (2) Section 2-5. City Clerk. There shall be a City. Clerk, who shall be an officer of the City appointed by the Council for an indefinite term. The City Clerk shall serve as cleri- cal officer of the Council. He shall keep the journal CHARTER of the proceedings of the Council, and shall enroll in a book or books kept for the purpose all ordi- nances and resolutions passed by it. He shall be custodian of such documents, records and archives . as may be provided by law or ordinance; shall be custodian of the seal of the City, and shall attest, and affix the seal to documents when required in accordance with this Charter, law or ordinance; shall keep a correct and up-to-date record of the city boundaries and changes therein; and shall have such powers and duties relating to elections as this Char- ter or the Council may prescribe. (Amended by Proposition #1, October 5, 1976.) C -3 Section 2-6. Council: Meetings. The Council shall hold at least two regular meetings every month at such times as it may pre- scribe by ordinance, resolution, or rules of the Council. The Mayor or any four councilmen may call special meetings. All meetings of the Council shall be open to the public, and the journal of its proceedings shall be open to public inspection; but committees of the Council, including the committee of the whole, may hold private meetings; provided that all actions of the Council shall be taken at public meetings. Section 2-7. Council: Absences to Terminate Membership. If the Mayor or any other councilman shall be absent from more than one -half of all the meetings of the Council, regular and special, held within any period of three (3) consecutive calendar months, he shall thereupon cease to hold office. Section 2 -8. Councilmen: RemovaL The Mayor or any other councilman may be removed from office for any cause specified by applicable sate law for the removal of officers, and in the manner prescribed thereby, or by recall as provided in this Charter. Section 24. Council: Vacancies. (a) The Council, by a majority vote of its remain- -108- Sections: 125.010 125.020 1.25.030 Chapter 1.25 CITY CLERK Position. Duties. Substitute. 125.010 Position. The City Clerk shall be an officer of the City appointed by the Council for an indefinite term and shall serve as clerical officer of the Council as pro- vided by the City Charter in Section 2 -5 (KC 1 -21; Ords. 176, 299, 794) 115.020 Duties. The Clerk shall attend the City Council meet- ings, perform all duties set forth in Section 2 -5 of the City Charter and all duties required herein and by other sections of the Kenai Municipal Code. The dudes enumerated herein shall not be considered to be exclusive,_.and_the. Clerk-may ..be.. assigned - addi tional duties from time to time by the City Council. The Clerk shall file and duly keep all records, pub- lic papers, and accounts records held for permanent record or historical purposes (as contrasted to opera- tional use) as custodian of records for the City, shall duly authenticate all ordinances and resolutions passed by the Council; and shall, on request, certify as true and correct copies of any City records which may be required. The City Clerk shall be the regis- trar of elections of the City and be responsible for issuing the call for, and supervision of, all elections and shall be responsible for such other duties per - taining thereto, as may be set forth in Title 6, enti- tled "Elections." (KC 1 -21, Ords. 176, 794) 1.25.030 Substitute. (a) In the event of a vacancy of the office of City Clerk, or in the event the City Clerk is not available to perform the duties of the office became of illness or other incapacity, being out of town on official business, being on annual leave, or being unavailable for any other rea- 11 (b) 1 25.010 son, there is hereby appointed to perform all of the duties of the City Clerk during such varan- cy, absence, incapacity, or unavailability, a Deputy City Clerk who shall be that employee of the City who shall be designated, and may be from time to time modified, by resolution of the City Council as the person who shall have the duty of Deputy City Clerk. In the event the City Clerk and the holder of the office designated by Council as Deputy City Clerk are simultaneously unavailable for such duties as set forth above, a Temporary Deputy City Clerk is hereby authorized as follows: (1) The appointment of a City employee as Temporary Deputy City Clerk may be made by the Clerk after consultation with the City Manager, but if the Clerk is not available or able to make such appoint- ment, then the appointment will be made by the Mayor after consultation with the City Manager, (2) - The-employee--appointed as Temporary Deputy City Clerk shall serve as such until the return to duty of the City Clerk, the return to duty of the Deputy City Clerk, or until the appointment of some other person to that position by the City Council, which ever first occurs; (3) The appointment of a Temporary Deputy City Clerk shall be made in writing and shall be posted on the City Administra- tion bulletin board with copies to all Council Members, Department Heads, and Chairs of Commissions, and a copy thereof shall be placed in the personnel file of the employee so appointed. (c) When any period of service as City Clerk by a Deputy City Clerk or a Temporary Deputy City Clerk shall be five (5) working days or more in length, the person so serving shall be paid at the same salary rate as the City Clerk during such period. (KC 1 -9; Ords. 794, 1293 -88, 1693 -96) -109- Sec. 29.20.360. ALASKA STATUTES Sec. 29.20.380. Article 5. Other Officials and Employees. Section 360. Appointment of officials 370. Municipal attorney 380. Municipal clerk 390. Municipal treasurer 400. Departments 410. Personnel. system Sec. 29.20.360. Appointment of officials. Unless otherwise provided by ordinance, the municipal clerk, attorney, treasurer, and police chief are appointed by the chief administrator. Unless otherwise provided by ordinance, an official described in this section serves at the pleasure of' the appointing authority and, if appointed by the chief administrator, must be confirmed by the governing body. (§ 7 ch 74 SLA 1985) Sec. 29.20.370. Municipal attorney. The municipal attorney is the legal advisor of the governing body, the school board, and the other officials of the municipality. The municipal attorney represents the municipality as attorney in civil and criminal proceedings. The school board may hire independent counsel when in its judgment independent counsel is needed. (§ 7 ch 74 SLA 1985) Sec. 29.20.380. Municipal Clerk. (a) The municipal clerk shall (1) attend meetings of the governing body and its boards and committees as required and keep the journal; (2) have custody of the official municipal seal; (3) assure that notice and other requirements for public meetings are '1_I_ public inspection complied with and assure that public records are avairauiC- for Yuul;� ,a�yect;nn as required by law; (4) manage municipal records and develop retention schedules and procedures for inventory, storage, and destruction of records as necessary; (5) maintain an indexed file of all permanent municipal records, provide for codification of ordinances, and authenticate or certify records as necessary; (6) prepare agendas and agenda packets as required by the governing (7) administer all municipal elections; (8) assure that the municipality complies with 42 U.S.C. 1971 -1974 (Voting Rights Act of 1965, as amended); (9) take oaths, affirmations, and acknowledgments as necessary; (10) act as the parliamentary advisor to the governing body; (1 1) perform other duties required by law, the governing body, or the chief administrator. (b) The governing body may combine the office of clerk with that of treasurer. If the offices are combined, the clerk- treasurer shall, as required of the treasurer, give bond body; 51 —110— Sec. 29.20.390. ALASKA STATUTES Sec. 29.20.460 to the municipality for the faithful performance of the duties as clerk- treasurer. (§ 7 ch 74 SLA 1985; am § 1 ch 11 SLA 1992) Effect of amendments. The 1992 amendment, effective July 28, 1992, rewrote subsection (a). Sec. 29.20.390. Municipal treasurer. (a) Except as provided in AS 14.1.4.060, the treasurer is the custodian of all municipal funds. The treasurer shall keep an itemized account of money received and disbursed. The treasurer shall pay money on vouchers drawn against appropriations. (b) The treasurer shall give bond to the municipality in a sum that the governing body directs. (§ 7 ch 74 SLA 1985) Sec. 29.20.400. Departments. (a) The goveming body may establish municipal departments and distribute functions among them. (b) Each municipal department is administered by a department head. With the consent of the governing body, the mayor may serve as head of one or more departments or a single administrator may serve as bead of two or more departments. (§ 7 ch 74 SLA 1985) Sec. 29.20.410. Personnel system. (a) Except as provided by (b) of this section., appointments and promotions of municipal employees are made on the basis of merit. The goveming body may provide for a personnel system and classified service. (b) By ordinance the goveming body may designate confidential or managerial positions that are wholly or partially exempt from the classified service. A wholly or partially exempt position is filled b y person a who serves at the pleasure of the appointing authority and whose tern of employment is determined by the appointing authority. (§ 7 ch 74 SLA 1985) Article 6. Manager Plan. Section 460. Manager Plan 470. Election on adoption of manager plan 480. Adoption of manager plan 490. Appointment of manager 500. Powers and duties of a manager 510. intergovernmental appointment of manager 520. Repeal of manager plan Sec. 29.20.460. Manager plan. (a) A municipality may adopt a manager plan of government. Adoption of a manager plan may be initiated either by petition or by motion adopted by the govemi body. g COMMISSION COMMITTEE BOARD MEETING SUMMARIES AND MINUTES PENDING APPROVAL COUNCIL ON AGING MEETING MAY 12, 2011 KENAI SENIOR CENTER 4:30 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 14, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Rick Koch, City Manager -- Bluff Erosion ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion. -- Fees for Lunch b. Discussion -- 40th Anniversary Celebration ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM $: NEXT MEETING ATTENDANCE NOTIFICATION a. June 9, 2011 (Identify if you are requesting an excused absence.) ITEM 9: QUESTIONS & COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of April 20 and May 4; 2011. ITEM 12: ADJOURNMENT -113- ITEM 1: COUNCIL ON AGING MEETING MAY 12, 2011 KENAI SENIOR CENTER 4:30 P.M. CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY CALL TO ORDER & ROLL CALL Chair Geller called the meeting to order at approximately 4:35 p.m. Roll was confirmed as follows: Members present: Members absent: Staff; Council Liaison present: A quorum was present. ITEM 2: MOTION: L. Flowers, M. Necessary, C. Unger, V. Geller, B. Osborn, L. Nelson J, Hollier (excused), M. Milewski, A. Little Senior Center Director R. Craig, Administrative Assistant K. Remain, Vice Mayor M. Boyle AGENDA APPROVAL Member Flowers MOVED to approve the agenda as presented and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 14, 2011 MOTION: Member Necessary MOVED to approve the meeting summary of April 14, 2011 and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Rick Koch, City Manager -- Bluff Erosion City Manager Koch provided an update on the bluff erosion project, noting the congressional and legislative delegation continued to seek funding. ITEM 5: ITEM 6: 6 -a. OLD BUSINESS -- None NEW BUSINESS Discussion -- Fees for Lunch -114- Senior Center Director Craig reported new senior fees had been advertised in the newsletter and the suggested donations were $6.00 for seniors and $12.00 for non - seniors. 6 -b. Discussion -- 40th Anniversary Celebration Craig reported the 4011, Anniversary celebration would be held on July 21; 2011 from 6:00 to 9:00 p.m. with a "luau Kenai style" theme. She added entertainment would include the line dancers, the bell ringers, and the blue grass group. ITEM 7: 7 -a. progress. REPORTS Council on Aging Chair -- Chair Geller reported the garage sale was in 7 -b. Director -- Craig reported she would be attending the annual Age Net meeting on May 16, 2011 in Anchorage and she gave a presentation to United Way on May 12, 2011 with good response. 7 -0. Council Liaison -- Vice Mayor Boyle reviewed the May 4, 2011 City Council meeting action agenda which was included in the packet and spoke about a possible greenhouse for the Senior Center. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. June 9, 2011 (Identify if you are requesting an excused absence.) No members requested an excused absence for the June 9, 2011 meeting. ITEM 9: QUESTIONS & COMMENTS -- None IL'Gan 1Ca PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of April 20 and May 4, 2011. ITEM 12: ADJOURNMENT MOTION: Member Necessary MOVED to adjourn and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 5:45 p.m. COUNCIL ON AGING MEETING MAY 12, 2011 PAGE 2 -115- Meeting summary prepared and submitted by: Corene Hall, CMG, Deputy City Clerk -116- COUNCIL ON AGING MEETING MAY 12, 2011 PAGE 3 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 25, 2011 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences Commissioner Remain *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. "May 11, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ11 -17 — Preliminary Plat — Killen Estates Richmond Addition — A resubdivision of Tract 2 & 3 Killen Estates Addition No. 1. Plat submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska, b. PZ11 -18 — Preliminary Plat — Holland Spur Highway Subdivision — A resubdivision Deed Parcel KN Book 38, Page 207. Plat submitted. by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska. c. PZI 1 -19 — Preliminary Plat — Townsite of Kenai — Kenaitze Addition — A replat of Lots 2 -12, 15, 16, 18 -20, 22 -A, and 23 Block 5, Townsite of Kenai (US Survey 2970A) and a vacation of alleyways within Block 5 located within the E1 /2, Sec. 6, T5N, R11 W, SM. Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska. d. PZl 1 -20 — Preliminary Plat — Silver Pines Part 2 — A replat of Tract A, Silver Pines Part 1 (KRD 85 -209) located in the NW ''A Section 31. T6N, RI 1W, SM. Plat submitted by Johnson Surveying, P.O. Box 27, Clam Gulch, Alaska. 5. PUBLIC HEARINGS: a. PZ I 1 -14 — An application for an Encroachment Permit for a 5 -foot rear yard setback encroachment for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska. b. PZI 1 -15 — Art application for a Variance Permit for a 2 -foot front yard setback variance for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska. -117- c. PZ11 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning to clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and corrections, including removing the appeal section for encroachment permits at KMC14 20.185, to clarify that appeals are subject to the process in KWIC 14.20.290. d. PZ 1 1 -21 — An application for a Conditional Use Permit for subsurface. extraction of natural resources for the property described as A portion ofT 6N R 11 W Section 22 Seward Meridian KN All of Section 22, 23, & 26 & W1/2 & W1/2 W 1 /2 SE l /4 of Section 24 & W1/2 & W1/2 El /2 of Section 25 & N1/2 & S W 1 /4 & N1/2 SE 1 /4 of Section 27 (No address. Property is accessed via Highbush. Lane and a section line easement.) Application submitted by Buccaneer Alaska Operations, LLC, 952 Echo Lane, Suite 420, Houston, Texas. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council h. Borough Planning c. Administration 1.0. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. PZl 1 -11 — Landscape /Site Plan — Alaska State Land Survey 76 -118 ADL 72801 loNRl. LW Section 36 (42 0 Shotgun Drive). Application submitted by iaii2iburg Dilley Linnell, 202 Elmwood Avenue, Palmer, Alaska for City of Kenai. b. PZ11 -12 — Landscape /Site Plan — Facility Site — T5N 11 W Section 4 Seward Meridian KN SEl /4 SE1 /4 (1.377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska. c. PZI 1 -13 — Landscape /Site Plan — Well Pad — Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska. d. Memo to Attorney Stearns dated 5/6/11 regarding Board of Adjustment — Disque. Status. e. Kenai River Center Permit KRC #8718, Salamatof Seafoods, Inc., 672 Bridge Access Road. Dock repair. 12. NEXT MEETING ATTENDANCE NOTIFICATION: June 8, 2011 -118- 13. COMMISSION COMMEN'T'S & QUESTIONS: 14. ADJOURNMENT: -119- ITEM 1: Chair T 1 -a. CITY OF KENAI PLANNING & ZONING COMMISSION MAY 25, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES CALL TO ORDER ait called the meeting to order at approximately 7:00 p.m. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. Agenda Approval J 1 1Y1A4. MAW V1V . K. Rogers, T. Navarre, J. Twait, P. Bryson, H. Knackstedt, K. Koester S Romain (excused) City Planner M. Kebschull, Administrative Assistant N. Carver, Deputy City Clerk C. Hall Commissioner Knackstedt MOVED to approve the agenda with the addition of a revised site plan for Buccaneer Alaska Operations, LLC and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Navarre MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. I -e. *Excused Absences • Commissioner Romain 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 -120- 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 -- May 11, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ11 -17 - Preliminary Plat - Killen Estates Richmond Addition. - A resubdivision of Tract 2 & 3 Killen Estates Addition No. 1. Plat submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ11 -17 and Commissioner Navarre SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet. Twait read the rules for public hearing and opened the meeting to public comment. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Rogers YES Navarre YES 1 Twait YES LBryson 1 YES Romain EXCUSED 1 Knackstedt YES 1 Koester ! YES MOTION PASSED UNANIMOUSLY. 4 -b. MOTION: PZ11 -18 Preliminary Plat - Holland Spur Highway Subdivision - A resubdivision Deed Parcel KN Book 38, Page 207. Plat submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska. Commissioner Knackstedt MOVED to approve PZ11 -18 and Commissioner Navarre SECONDED the motion. Kebschull reviewed the staff report included in the packet. PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 2 -121- Twait opened the meeting to public hearing, There being no one wishing to speak, the public hearing was closed. VOTE; Rogers 1 YES Bryson YES YES Koester Navan-e YES I Twait ;YES Romain t EXCUSED ; KK stedt I YES MOTION PASSED UNANIMOUSLY. 4 -c. PM-19 - Preliminary Plat - Townsite of Kenai - Kenaitze Addition - A replat of Lots 2 -12, 15, 16, 18 -20, 22 -A, and 23 Block 5, Townsite of Kenai (US Survey 2970A) and a vacation of alleyways within Block 5 located within the E1 /2, Sec. 6, T5N, R11W, SM. Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska, MOTION: Commissioner Bryson MOVED to approve PZ11 -19 with staff recommendations and Commissioner Knackstedt SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending approval with the following contingencies: • Vacations must receive concurrence from other utility companies. Water main off Overland Avenue must be abandoned and may require alternate water service to the structure located on Lot 4A. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. Comments included: • The intent of the plat was to eliminate property lines. Whether there would be more right of way for sidewalks was reviewed and found not to be feasible. • The tract originated with the original Townsite plat. • There would be no encroachments. • The applicant was finalizing design plans and a conditional use permit and variance application would be forthcoming. VOTE: Rogers YES Navarre YES Twait 1 YES Bryson ! YES Romain EXCUSED Knackstedt I YES Koester YES PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 3 -122- MOTION PASSED UNANIMOUSLY. 4 -d. PZ11 -20 - Preliminary Plat - Silver Pines Part 2 - A replat of Tract A, Silver Pines Part 1 (KRD 85 -209) located in the NW 1/4 Section 31. T6N, R11W, SM. Plat submitted by Johnson Surveying, P.O. Box 27, Clam Gulch, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ11 -20 with staff recommendations and Commissioner Navarre SECONDED the motion. Kebschull reviewed the staff report included in the packet and recommended approval with the following requirements: • Request and receive an exception from KMC 14.10.070(a) and KMC 14.10.070(d)(3). • If an exception is not received, any dedication would require an installation agreement and construction of right -of -ways. Twait opened the meeting to public comment: Crystal Olinder, Sterling -- Spoke in support of the exception, noting the lot would be used for a single- family dwelling and there would be no subdivision. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: Expressed concern with access for safety vehicles. • The plat would be reviewed by the City and then the Borough. MOTION TO AMEND: Commissioner Navarre MOVED to amend PZ11 -20 by adding the following: 1. Exception is granted from KMC14.10.070(a) and KMC 14,7.0.070(d)(3) and exception must be received from the Borough. If no exception from the Borough, then the following applies: 2. If an exception is not received, any dedication will require an installation agreement and construction of right-of-ways, Commissioner Bryson SECONDED the motion. VOTE ON AMENDMENT: Rogers Bryson Koester YES 1 Navarre YES 1 Romain YES YES Twait CUSED 1 Knackstedt 1 YES YES PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 4 -123- MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: Rogers YES Navarre YES Twait YES j Brvson YES Romain I EXCUSED 1 Knacksted.t YES LKoester YES MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -14 - An application for an Encroachment Permit for a 5 -foot rear yard setback encroachment for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ11 -14 and Commissioner Navarre SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the following conditions existed: The encroachment did not encroach into a right -of -way or utility easement. This was a single - family dwelling which was a permitted use in the district. The encroachment did not cross the lot line. Twait opened the meeting to public comment. Mark Schrag, 312 Princess, Kenai -- Applicant spoke in support of the permit. There being no one else wishing to speak, the public hearing was closed, VOTE: Rogers YES i Navarre YES Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process. PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 5 -124- 5 -b. PZ11 -15 - An application for a Variance Permit for a 2 -foot front yard setback variance for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ11- i.5 with staff recommendations and Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met: 1. Special conditions or circumstances were present which were peculiar to the land or structures involved and were not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances were not caused by actions of the applicant and such conditions and circumstances did not merely constitute a pecuniary hardship or inconvenience, 3. The granting of the variance would not authorize a use that was not a permitted principal use in the zoning district in which the property was located. 4. The granting of a variance would be the minimum variance that would provide for the reasonable use of the land and /or structure. 5. The granting of the variance would not be based upon other non- conforming land uses or structures within the same land use or zoning district. Twait opened the meeting to public hearing, Charles Winegarden, 309 Princess, Kenai -- Spoke in support of the variance. Nancy Schrag, 312 Princess, Kenai -- Spoke in support of the variance, There being no one else wishing to speak, the public hearing was closed. VOTE: ; Rogers YES Navarre YES Twait YES Bryson ; YES Romain EXCUSED Knackstedt YES [ Koester YES MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process. 5 -c. PZ11 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning to clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 6 -125- corrections, including removing the appeal section for encroachment permits at KMC 14.20.185, to clarify that appeals are subject to the process in KMC 14.20.290. MOTION: Commissioner Navarre MOVED to approve PZ11 -16 and Commissioner Knackstedt SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting corrections had been made. Twait opened the meeting to public hearing. Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Noted a typographical error on page 50. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Navarre MOVED to amend PZ11 -20 by changing (i) to (h) on page 50 and Commissioner Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: Rogers YES Navarre YES i Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY. 5 -d. MOTION: PZ11 -21 - An application for a Conditional Use Pe suit for subsurface extraction of natural resources for the property described as A portion of T 6N R 11 W Section 22 Seward Meridian KN All of Section 22, 23, & 26 & W1 /2 & W1/2 W1/2 SE1 /4 of Section 24 & W1 /2 & W1/2 E1 /2 of Section 25 & N1 /2 & SW1 /4 & N1/2 SE1 /4 of Section 27 (No address. Property is accessed via Highbush Lane and a section line easement.) Application submitted by Buccaneer Alaska Operations, LLC, 952 Echo Lane, Suite 420, Houston, Texas. Commissioner Navarre MOVED to approve PZ11 -21 and Commissioner Rogers SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 7 -126- Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met: • The use was consistent with the purpose of the chapter and the purposes and intent of the zoning district. • The value of the adjoining property and neighborhood would not be significantly impaired. • The proposed use was in harmony with the Comprehensive Plan. • Public services and facilities were adequate to serve the proposed plan • The proposed use would not be harmful to the public safety, health or welfare. • Any and all specific conditions deemed necessary by the Commission to fulfill the above - mentioned conditions should be met by the applicant. Those could include, but were not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Kebschull recommended approval with the following requirement: L All permits required from City, State and Federal agencies must be approved prior to construction of the facility. Twait opened the floor to public comment. Sam McLane, 36745 Chinulna Drive, Kenai -- Noted the right of way had been increased from 40 to 50 feet and for emergency response, the facility would be addressed. Chris Pearson, 709 Highbush, Kenai -- Reported he was removing debris as required before June 15, 2011 and the Conditional Use Peiinit sign was in a poorly visible spot. When asked if he had received notification, Pearson answered yes. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Navarre MOVED to amend PZ11 -21 to include staff findings and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. MOTION TO AMEND: Commissioner Bryson MOVED to amend PZ11 -21 to incorporate staff comments. Commissioner Navarre SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 8 -127- Rovers B on j YES !Navarre I YES ■ Romain Koester YES YES EXCUSED Twait 1 YES Knackstedt I YES MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process. ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9 -a. City Council -- No report. 9 -b. Borough Planning -- Commissioner Bryson reviewed the May 23, 2011 Borough Planning Commission agenda included in the packet. 9 -c. Administration -- Kebschull gave the Commissioners homework for the Comprehensive Plan meeting on June 8, 2011; noted the June 8, 2011 meeting would include a Conditional Use Peiuut for the motocross at the Twin Cities Raceway and reported 323 notices to parties within '/2 mile of the raceway were sent. ITEM 10: PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash Avenue, Kenai -- Reported resolutions do have public hearings and asked the Commission to develop new standards for public notice through their work on the Comprehensive Plan. ITEM 11: INFORMATION ITEMS 1i -a. PZ11 -11 - Landscape /Site Plan - Alaska State Land Survey 76 -118 ADL 72801 T6NR11W Section 36 (420 Shotgun Drive). Application submitted by Hattenburg Dilley Linnell, 202 Elmwood Avenue, Palmer, Alaska for City of Kenai, 11 -b. PZ11 -12 - Landscape/ Site Plan - Facility Site - T5N1 1W Section 4 Seward Meridian KN SE1 /4 SE1 /4 (1377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska. 11 -c. PZ11 -13 - Landscape /Site Plan - Well Pad - Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application submitted by Cook PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 9 -128- Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska. 11 -d. Memo to Attorney Steams dated 5/6/11 regarding Board of Adjustment - Disque. Status. 11 -e. Kenai River Center Permit KRC #8718, Salamatof Seafoods, Inc., 672 Bridge Access Road. Dock repair. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. June 8, 2011 No commissioners requested an excused absence for the June 8, 2011 meeting. ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre -- Thanked Administration for the homework and requested a timeline be discussed at the next meeting. Kebschull noted she would add a timeline as a discussion item for the June 8 meeting. Koester -- Thanked Navarre for his comments. Knackstedt -- Thanked Navarre for his comments and noted he had seen a flare from his neighborhood. ITEM 14: ADJOURNMENT MOTION: Commissioner Navarre MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:05 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 10 -129- INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUNE 1, 2011 1. 6/1/2011 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of $ 5,000. 3. 5/25/M. Kebschull /M. Bondurant memo regarding Lot 3, Block 2, GAA, Lease of Airport Lands review and findings. -131- PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JUNE 1, 2011 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT AA DAN'S CONSTRUCTION GRAVEL STREETS OPERATING SUPPLIES 9,975.00 AA DAN'S CONSTRUCTION REPAIR SEWER LINE SEWER REPAIR & MAINTENANCE 3,174.36 KACHEMAK ELECTRIC STREE 1 LIGHT REPAIR & MAINT. STREET LIGHTING REPAIR & MAINTENANCE 4,738.47 UNIVAR ROAD SALT STREETS OPERATING SUPPLIES 9,585.00 LOWE'S WEED N FEED ARCTIC GROW PARKS OPERATING SUPPLIES 2,684.25 W N e "Villa" with a Past, Gity with a Futrsr'e" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907- 283 -3014 www.ci.kenai.ak.us Budget transfers in Capital Projects in excess of five thousand dollars ($5,000). Project: Kenai Library Improvements Transfer From 218 -6000 Charges to Other Depts, 218 -8098 Construction Transfer To 218 -8064 Machinery & Equipment Amount Explanation $10,000.00 To purchase additional furniture 218 -8064 Machinery & $5,281.66 Equipment -133- To purchase additional furniture MEMO:• '°W/aye with Past, City with a Futrtre°, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Marilyn Kebschull, City Planner Mary Bondurant, Airport Manager FROM: Rick Koch, City Manager DATE: May 25, 2011 SUBJECT: Lot 3, Block 2, GAA -- Lease of Airport Lands The purpose of this correspondence is to respond to the attached review and findings provided by the Assistant to the City Manager, Airport Manager and City Planner. Based on the review and findings presented, and the joint recommendation for approval action of the application, please schedule the application for the next Airport Commission and the Planning and Zoning Commission meeting(s) for review and comment. Attachments cc: Christine Cunningham, Assistant to City Manager -134- 1992 \the KENAI, ALASKA MEMO: "Village with a Past, Ci y with a FMtUrC" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager DATE: May 25, 2011 SUBJECT: Lot 3, Block 2, GAA -- Lease of Airport Lands 1992 The City has received the attached amended application from Schilling Rentals, LLC, the existing tenant of the above - referenced property. The current Lease was entered into on July 1, 1995 for the purpose of "Aircraft operation and maintenance" and the lessee wishes to amend the lease to "Air Freight Shipping & Receiving or Aircraft Parking." The change in use is an administrative change requested by the City which will bring the lessee into compliance with the terms of its Lease as well as AIP grant assurances. Pursuant to KMC 21.10.070, the Assistant to the City Manager, Airport Manager and City Planner have reviewed the application for completeness, conformance with Title 21, conformance with the Airport Land Use Plan, Airport Layout Plan, Airport Master Plan, FAA regulations, AIP grant assurances, and airport operations, Comprehensive Plan, municipal zoning, and future airport improvement projects. Based on the attached review and findings, we offer a recommendation for approval of the application. Pursuant to KMC 21.10.070(C), if the City Manager concurs with the staff recommendation, the Manager will: (1) Issue a rejection letter, stating the reasons for rejection; or (2) Refer the application to the Airport Commission and the Planning and Zoning Commission for review and comment, together with the Manager's recommendation for approval or approval of the staff alternative; and; (3) Inform the City Council of the Manager's recommendation. Attachments -135- 1411aye with a Past, Cc r with a Future" MEMO: 210 FideIgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: Christine Cunningham, Assistant to the City Manager FROM: Marilyn Kebschull, Planning Administration DATE: April 19, 2011 SUBJECT: Lease Application — Lot 3, Block 2, GAA — Schilling Rentals, LLC On April 19`l', I reviewed the original lease application and noted concerns with the application, as submitted, and whether it conformed to the Airport Layout Plan and the Comprehensive Plan. The amended lease application identifies the proposed use of the property as air freight shipping and receiving or aircraft parking. The following information addresses the amended application and stated use(s). '1111.' 1997 This property is located at 155 Granite Point Court and is located in the Airport Reserve. Y Airport Land Use Plan — The ALP was approved in July, 2009. On sheet 13 of the plan, the property is identified as Aviation Related Activities. Sheet 14 of the approved ALP identifies the parcel as General Aviation and Light Commercial. The Supplemental Plan defines General Aviation /Light Commercial as, "Areas used by general aviation and light commercial aviation activities requiring taxiway access to the paved runway. Uses shall be restricted to aircraft meeting taxiway pavement strength limitations and taxilane and taxilane object free area width standards defined in FAA Advisory Circular 150/5300 -13." The proposed uses conform to the ALP. Y Comprehensive Plan,— The City of Kenai Comprehensive Land Use Plan identifies this area as Airport Industrial. The Airport Industrial area is defined as, "The Airport Industrial district identifies airport lands reserved for the Kenai Municipal Airport and its future expansion, and tracts needed for present and future aviation - related uses and activities. The proposed uses conform to the Comprehensive Plan. Zoning —The property is zoned IL — Light Industrial. Warehouses and Airports and related uses are permitted within the zone. Based on the information provided in the amended lease application, the proposed lease conforms to the ALP, Comprehensive Plan, and Zoning. cc: Mary Bondurant, Airport Manager Po/laarsicipal Airport MEMO To From: Mary Bondurant — Airport Manager Date: May 19, 2011 Subject: Lease Application — Schilling Rentals, LLC `<Senrin,r�ingveatPrKenai. Peninkuktf 305 N. WILLOW ST. SUITE 200 NENAI, ALASKA 99611 TELEPHONE S07- 2837951 FAX 907. 2833737 Christine Cunningham — Assistant to City Manager I have reviewed the amended lease application in accordance with KMC 21.10.070 and the findings are below: ✓ Airport Layout Plan: FAA approved ALP 7/9/2009 illustrates: Sheet 13 of 16 Existing Land Use & Zoning — and use for "Aviation Related Activities ". Sheet 14 of•16 Future Land Use Drawing — land use as "General Aviation & Light Commercial." Hangar and warehouse will be used for air freight shipping and receiving and /or aircraft parking. There are three aircraft tied down on the apron which has direct taxiway access. ✓ Airport Master Plan: land use as "GA and Light Commercial." ✓ FAA Regulations: Appears to meet FM regulations ✓ AIP Grant Assurances: No conflict appears ✓ Airport Operations: No maintenance conflicts 138- The proposed change in the use of the property appears to meet all requirements of the Airport Land Use Plan, Airport Layout Plan, Master Plan, FAA regulations, Grant Assurances and Airport Operations. I recommend approval of the proposed change of use. If directed by the City Manager, this application can be reviewed by the Airport Commission at the June 9, 2011 meeting. Please contact me if you have any questions. Cc: Marilyn Kebschull, City Planner A39- 1. Nance of Applicant AMENDED CITY OF KIENAI 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 (907) 283 -7535 Ext. 223 LEASE APPLICATION For Land Inside the Kenai Municipal Airport Reserve FOR CITY USE 'ONLY Date,' -, Signature, ` GHAEL !SCHTLEtNG 2. Business Name SCHILLING RENTALS LLC 3. Business Type (circle one) sole nrourietor partnership corporation L.L.C. 4_ AIC Business License No. 3091,2 5. Mailing Address 420 N WILLOW KENAI AK 6. Telephone 907- 283 -7556 7, Email Address 99611 CHERYL @GLMCORP.COM 8. Kenai Peninsula Borough. Sales Tax No. (if applicable) 9. Land Requested: If platted, give legal description LOT 3, BLOCK If not platted, attach a site plan showing the proposed —410. Proposed Use of the Property (Be specific) 173 AIR FREIGHT SHIPPING & RECEIVING OR AIRCRAFT 39927 2, GENERAL AVIATION APRON dimensions and location on the Airport. PARKING. Lease Term Desired N/A years 12.- If you plan to base or service aircraft on the property, give a. Make, type, & wingspan of the largest aircraft b. Total number of aircraft you expect to be based or serviced on the property at one time 13. If you plan to construct improvements or otherwise develop the property: N /A a. Attach a Development Plan (see attached checklist) N/A b. Describe the building type, construction materials, size, etc. N /A c. Construction beginning date N/A d. Construction completion date (maximum of two years) N/A e. Estimated total cost of the proposed development & improvements $ N/A 14. If you plan to operate a business on the property, attach a business plan (See application instructions). N/A 1.5. If you would like the City to consider any additional information relating to your proposal, please put it in v submit it with this application. - APPLICANT'S SIGNAT ae-t��.' Date: 4/8/2011 Printed. name: MIKE SCHILLING ,r Title: OWNER itine and APPLICANT'S SIGNATURE: Date: Printed name: Title -140- NOTICE OF PUBLIC HEARING JUNE 1, 2011 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. Ordinance No. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Election- - Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335, to Allow for Voting by Electronic Transmission and Making Technical Corrections. 2. Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 3. Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund. 4. Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require that the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility. 5. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. (CIerk's Note: At the May 18, 2011 Council meeting, a motion to adopt Resolution No. 2011 -40 was made and then a motion to postpone Resolution No. 2011 -40 to the June 1, 2011 was unanimously passed. The motion to adopt Resolution No. Zvi 201 i- 40 is active.) 6. Resolution No. 2011 -42 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental for the Purchase of a New Multifunction Copier for Ci Hall. 7 Resolution No. 2011 -43 -- Authorizing the Purchase of a Multifunction Copier from Konica Minolta Business Solutions. 8 Resolution No. 2011 -44 -- Authorizing a Capital Project Title Change in Ordinance No. 2258 -2007 From the Wildwood Drive to Wildwood Drive Reconstruction and the Marathon Road and Willow Street Improvements. 9 Resolution No. 2011 -45 -- Awarding Non - Exclusive On- Airport Car Rental Concessions to Corporate Sales & Leasing, Inc., d /b /a Budget Rent A Car, Alaska Rent A Car, Inc., d /b /a Avis, for the Period July 1, 2011 Through June 30, 2016. y 10. Resolution No. 2011 -46 -- Correcting the Total Purchase Price for Airport Snow Removal Equipment to the Amount of 3864,727. 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 and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: May 27, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JUNE 1, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. Ordinance No. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Election -- Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335, to Allow for Voting by Electronic Transmission and Making Technical Corrections. 2. Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 3. Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund.. 4. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. (Clerk's Note: At the May 18, 2011 Council meeting, a motion to adopt Resolution No. 2011 -40 was made and then a motion to postpone Resolution No. 2011 -40 to the June 1, 2011 was unanimously passed. The motion to adopt Resolution No. 2011 -40 is active.) 5. Resolution No. 2011 -42 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental for the Purchase of a New Multifunction Copier for City Hall. 6. Resolution No. 2011 -43 -- Authorizing the Purchase of a Multifunction Copier from Konica Minolta Business Solutions. Resolution No. 2011 -44 -- Authorizing a Capital Project Title Change in Ordinance No. 2258 -2007 From the Wildwood Drive to Wildwood Drive Reconstruction and the Marathon Road and Willow Street Improvements. 8. Resolution No. 2011 -45 -- Awarding Non - Exclusive On- Airport Car Rental Concessions to Corporate Sales & Leasing, Inc., d /b /a Budget Rent A Car, Alaska Rent A Car, Inc., d /b /a Avis, for the Period July 1, 2011 Through June 30, 2016. 9. Resolution No. 2011 -46 -- Correcting the Total Purchase Price for Airport Snow Removal Equipment to the Amount of $864,727. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have j been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: June 2, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING JUNE 1, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS Mtp://www.ci.kenatak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Mary Jo Joiner /Christine Cunningham -- All- America City Presentation Update. 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. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections,' Including KMC 6.05.110, Conducting - an Election -- Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335. to Allow for Voting by Electronic Transmission and Making Technical Corrections. 2. Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 3. Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund. 4. Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require that the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility. 5. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. (Clerk's Note: At the May 18, 2011 Council meeting, a motion to adopt Resolution No. 2011 -40 was made and then a motion to postpone Resolution No. 2011 -40 to the June 1, 2011 was unanimously passed. The motion to adopt Resolution No. 2011 -40 is active.) 6. Resolution No. 2011 -42 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental for the Purchase of a New Multifunction Copier for City Hall. 7 Resolution No. 201143 -- Authorizing the Purchase of a Multifunction Copier from Konica Minolta Business Solutions. 8 Resolution No. 2011 -44 -- Authorizing a Capital Project Title Change in Ordinance No. 2258 -2007 From the Wildwood Drive to Wildwood Drive Reconstruction and the Marathon Road and Willow Street Improvements. 9 Resolution No. 2011 -45 -- Awarding Non - Exclusive On- Airport Car Rental Concessions to Corporate Sales & Leasing, Inc., dlb /a Budget Rent A Car, Alaska Rent A Car, Inc., d /b /a Avis, for the Period July 1, 2011 Through June 30, 2016. 10. Resolution No. 2011 -46 -- Correcting the Total Purchase Price for Airport Snow Removal Equipment to the Amount of $864,727, ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." 4. *Ordinance No. 2561 -2011 -- Amending KMC Chapter 6.20, Initiative and Referendum, to Add a New Section 6.20.020, "Limitation on Appropriations," to Prohibit the Appropriation of City Funds in Order to Influence the Outcome of An Election Concerning a Ballot Proposition or Question Initiated or Referred to the Voters Under City Charter. 5. *Ordinance No. 2562 -2011 -- Amending Section 6.10.010, "Nominating Petitions," to Delete the Requirement That a Person Seeking to be Elected to the Office of Mayor or Council Member File With the City Clerk a Partially- Completed Nominating Petition Including Information of the Candidate's Name, Address, and Office Sought, Before Circulating the Petition for Signature. 6. *Ordinance No. 2563 -2011 -- Amending Chapter 4.25, Uniform Plumbing Code, to Adopt the 2009 Edition of the Uniform Plumbing Code, Which Code Also Incorporates the Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar Energy Code and to Make Local Amendments to the Codes. 7. *Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. 8. Action /Approval -- Commissioner Appointments /Library and Parks & Recreation Commissions 9. Discussion -- City Clerk Recruitment EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City: Pending or threatened litigation. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: / /www.ci.kenai.ak.us. Carol L. Freas, City Clerk 0/211 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA J }ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Coundil Agenda PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day tollowing dates: May 30, 2011 issues on the X SUBSCRIBED AND SWORN to me before dL,v of May 2011 NOTARY PUBLIC' in favor for ti State of Alaska. My Commission expires 26- Aug -12 AGENDA KENAI CITY COUNCIL - REGULA JUNE 1, 2011 7:00 P.M. KENAI CITY COUNCIL. CHAMBERS http: / /www.ci.kenai.ak.us ITEM B: - - SCHEDULED PUBLIC ::COMMENTS- (Public - comment limited to 10 minutes per speaker) 1 Mary Jo Joiner /Christine Cunningham -- "All- America City Presentation Update, ITEM 0: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1 Ordinance No. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05110. Conducting an Election -- Canvassing Returns, KMC 6:05.120, Establishment of. Canvassing Board and Procedures, KMC 6.05:150. Application Deadline for Applying for Absentee Ballots, KMC 6.05.170,: Absentee Voting--By Mad, KMC 6 04 200, Voting Devices and Machines, KMC 6.05.280, Record Retention, and KMC 6.05 -335. to Allow for Voting by Transmission and Making Technical Corrections 2, Ordinance No. 2557 -2011 -- Adopting the Annual. Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012 Ordinance No, 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi Purpose Facility Capital Project Fund 4. Ordinance No. 2559.2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require that the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility Resolution No 2011 =40 Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, .2011 and Ending June 30, 2012 (C/erk's Note:'" At the May 18, 2011 Council meeting, a motion to adopt. Resolution No. 2011 -40 was made and then a- motion to postpone Resolution No 2011-40 to the June 1, 2011 was unanimously' passed T 'he motion to adopt Resolution Na 2011-40 is active.); 6. Resolution No 2011 -42 -- Authorizing a Budget Transfer Within the General Fund, Non- Departmental for the Purchase of -a New Multifunction Copier for City Hall 7 Resolution No 2011 -43 Authorizing the Purchase of a Multifunction' Copier from Konica Minolta Business Solutions. . Resolution No. 2011-44 -- Authorizing. a Capital Protect Title Change in Ordinance No. 2258-2007 From the Wildwood Drive to Wildwood Drive. Reconstruction and the Marathon Road and Willow Street Improvements Resolution No. 201145 - Awarding Non - Exclusive On Airport Car Rental Concessions to Corporate Sales & Leasing Inc,.: d /b /a Budget Rent A Car, Alaska Rent A Car, Inc., d /b/a Avis, for the Period July );. 2011 Through June 30, 2016 0 Resolution No. 201146 Correcting the Total Purchase Price for Airport Snow Removal Equipment to the Amount of $864,727 ITEM Ft - UNFINISHED BUSINESS ITEM G: NEW BUSINESS.. ...1 Ratification of Bills 2 Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2560.2011 - Amending Kenai Municipal Code Section 12.25:030, "Leaving of Junked or Illegally Parked Vehicles,' to Amend the. Definition of What is a "Junk Vehicle." 4 *Ordinance No. 2561 -2011 -- Amending KMC Chapter 620, Initiative. and Referendum, to Add a New Section 6.20 020, "Limitation on Appropriations," to Prohibit the Appropriation of City Funds in Order to Influence the Outcome of An Election Concerning a Ballot Proposition or Question Initiated or Referred to the Voters Under City Charter. 5 *Ordinance No. 2562.2011 -- Amending Section 6.10.010,: "Nominating Petitions," to Delete the Requirement That a Person : Seeking to be Elected to the Office of Mayor or Council Member File the City Clerk a Partially - Completed Nominating Petition Including Information of the Candidate's Name, Address. and Office Sought Before Circulating the Petition for Signature. 6 *Ordinance " No. 2563 -2011 -- Amending Chapter 4.25, Uniform Plumbing Code, to Adopt the 2009 Edition of the Uniform Plumbing Code, Which Code Also Incorporates the Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform; Solar Energy Code and to Make Local Amendments to the Codes. 7. *Ordinance No. 2564 -2011 - Amending Kenai Municipal Code Section 1020. "Record Retention," to Add a New Section 10. 30.060 'Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City Action /Approval -- Commissioner Appointments /Library and Parks & Recreation Commissions 9' Discussion City Clerk Recruitment EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City' Pending or threatened litigation ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional informations 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