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HomeMy WebLinkAbout2011-06-15 Council PacketMAKE 18 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: J Mayor /Council (5) (Borger; -So t, •Bookey Gabriel, Moore) Clerk (2) Library (1) Attorney (1) City Manager (1) Finance (1) Student Rep. (1) Hall Binder (1) Fire (1) CAA r n Ur ? ELECTRONIC COPY NOTICE .,, Clarion (1) KSRM (1) Mellish (1) Schmidt (1) 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 emailed as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or Ibell@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: 6/i5/acrr ,Its/ / M S V MARQUIS MARQUIS , MOLLOY h/ MOLLOY 1' BOYLE F� ` PORTER v u MOORE // GABRIEL MOORE ft BOOKEY GABRIEL Ayfr , rr /rr�'��s� /lf�ir�i 0// M S V MARQUIS MARQUIS MOLLOY h/ MOLLOY BOYLE F� ` PORTER v u MOORE // GABRIEL MOORE ft BOOKEY' GABRIEL Ayfr BOOKEY 7/0 2 me-hykz.4 ni ,co ar / M S ° V MARQUIS MARQUIS MOLLOY h/ MOLLOY BOYLE F� ` BOYLE PORTER u MOORE // GABRIEL MOORE ft BOOKEY GABRIEL 4/ BOOKEY Page 1 of M S V MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY 7s. MARQUIS MOLLOY BOYLE PORTER /� BOOKEY S V MARQUIS h/ MOLLOY u BOYLE PORTER MOORE GABRIEL BOOKEY #t,! MARQUIS MOLLOY BOYLE PORTER /� BOOKEY COUNCIL MEETING OF: S MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY '-1 _ MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY M S V 256 -// MARQUIS MOLLOY / BOYLE PORTER / GI MOORE GABRIEL BOOKEY w/ Page 02 of MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY V MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY COMMENT SIGN -UP SHEET COUNCIL MEETING OF �.. ' L 1‘) / / / j NAME ADDRESS TOPIC OR AGENDA ITEM? Door o 7 /L24; ' 7/ (,, e: COMMENT SIGN-UP SHEET COUNCIL MEETING OFJ -4'`` t S NAME ADDRESS TOPIC OR AGENDA ITEM? \r IcArt1 /diem 0r COMMENT SIGN-UP SHEET COUNCIL MEETING OF: 0, itittil 20/ NAME :OHN•u>, v \ ADDRESS 76 Zi 0 \;,c_it(An S4f- l4tmet; k PA k tr (jc/ 6 TOPIC OR AGENDA ITEM? Macy tU4 h4 (o„12,24 v,v,k Or-E JUNE 15, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: CITY CLERK ADD TO: D -9, Resolution No. 2011 -50 -- Request for postponement. ADD TO: G -9, Discussion /City Clerk Recruitment -- City Clerk Job Description ADD TO: H -6, Planning & Zoning Commission Report -- Liaison Report ADD TO: K -2, Council Member Comments CONSENT AGENDA None. CITY CLERK COUNCIL MEMBER MOLLOY COUNCIL MEMBER MOLLOY AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 15, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / / www. ci. kenai. ak. u s 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 mon than 30 minutes combined on their own and on others' behalf.) 5. Appreciation of Carol L. Freas, Kenai City Clerk, On Retirement *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Janice Chumley /Michelle Martin -- Alaska Weed Awareness Week and the First Annual Kenai Weed Smackdown ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 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" 2. 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 3. 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 10 4. 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 5. 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 6. Resolution No. 2011 -47 -- Directing the Continuation of the Project Entitled "James Street Special Assessment District" and Designating What Improvements are to be Included in this Project 7. Resolution No. 2011 -48 -- Directing the Continuation of the Project Entitled "James Street and Kiana Lane Special Assessment District" and Designating What Improvements are to be Included in this Project 8. Resolution No. 2011 -49 -- Authorizing the City Manager to Enter Into a Three -Year Agreement for Insurance Coverage with Alaska Public Entity Insurance (APED to Commence July 1, 2011 and End. June 30, 2014 9. Resolution No. 2011 -50 -- Authorizing a Budget Transfer Within the General Fund to Redirect An Amount Previously Appropriated for An Alternative Energy Project to Upgrade the City Council Chambers Audio /Visual Equipment and Internet Camera System 15 23 27 31 35 39 ITEM E: MINUTES 1. "Regular Meeting of June 1, 2011 43 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 65 2. Approval of Purchase Orders Exceeding $15,000 66 3. *Ordinance No. 2565 -2011 -- Amending the 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 KMC 14.20.185, to Clarify that Appeals are Subject to the Process in KMC 14.20.290 73 4. *Ordinance No. 2566 -2011 -- Increasing Estimated Revenues and Appropriations in the General Fund and in the Senior Citizens Fund for the Purchase of a New Meals -On- Wheels Delivery Van Utilizing the State of Alaska Fleet Purchasing Program 11.5 5. *Ordinance No. 2567 -2011 - 23.55 Entitled "Personnel" Classification "; and, 23.55 Schedule 6. *Ordinance No. 2568 -2011 - and. Appropriations for Costs June 30, 2011 - Amending the Kenai Municipal Code, Chapter Including, 23.50.010 Entitled, "Employee Fiscal Year 2012 Operating Budget Salary 118 - Increasing General Fund Estimated Revenues in Excess of Budgeted Amounts to be Effective 7. Action /Approval -- Vacation of Eadies Way, a 3 -Foot Public Right -of -Way Adjacent to the West Side of Lots 6 Through 8, Dedicated by Edgington Subdivision No. 1 (Plat KN 994), and Adjacent to the East Boundary of Lot 1, of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86) Within Section 31, Township 6 North, Range 1.1 West, Seward Meridian, Alaska and in the City of Kenai Within the Kenai Peninsula Borough; KPB File 2011 -040; Location: City of Kenai 8. Action /Approval -- Assignment and Assumption of Lease Agreement /From Decor Industries, Inc. and Inlet Industries, Inc. to Shilling Rentals -- Lots 1, 2 864, Block 3, Cook Inlet Industrial Air Park (the Lease) 123 127 151 9. Discussion -- City Clerk Recruitment -- 10. Action /Approval -- Linda Murphy /ClerkWorks' Proposal for Project: City Clerk Recruitment 157 11. Action /Approval -- Granicus, Inc. Service Agreement 158 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 178 4. Library Commission 182 5. Parks 86 Recreation Commission -- 6. Planning & Zoning Commission......,..... ,,,,,,,,, .......... • ...... ...... . 186 7. Miscellaneous Commissions and Committees a. Beautification Committee -- b. Alaska Municipal League Report -- c. Mini -Grant Steering Committee -- d. Kenai Convention 86 Visitors Bureau -- e. Reports of KPB Assembly, Legislators and Councils 196 ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2, City Attorney 3. City Clerk 206 ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speakeil 2. Council Comments EXECUTIVE SESSION -- None Scheduled. ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 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: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUNE 15, 2011 Page No. 1. 6/15/2011 Purchase Orders Between $2,500 and $15,000 for Council Review 220 2. Budget Transfer in Capital Projects in Excess of $ 5,000 3. Special Use Permit -- Ashley Bulot Hansen d /b /a AK KIDS, a portion of Lot 12, Block 1, Etolin Subdivision No. 3 221 4. 6/8/2011 Comprehensive Plan Update 229 5. Commission /Committee Applications: • Harmony J. Curtis, Planning & Zoning, Mini -Grant Steering Committee • Jill Lee, Beautification Committee 230 6. 6/9/2011 Senator Mark Begich letter congratulating the City of Kenai on being selected as a finalist in the National Civic League's 2011 All - America City Awards 232 1 1 PUBLIC HEARINGS the city ij RE Al. SKp Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 25002011 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 ownsers 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. Foinu: 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; 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 manner 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. (f) "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 BRACKETED 3- 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)(1) 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. 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 MIKE BOYLE, VICE MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: July 15, 2011 New Text Underlined. [DELETED TEXT BRACKETED] "Vif(aye with a Past, Ci with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 M11v[o: TO: City Council ROM: Rick Koch ATE: June 9, 2011 SUBJECT: Ordinance No. 2560 -2011, Amending the Definition of What is a "Junk Vehicle" The purpose of this correspondence is to provide Administration's recommendation regarding the above- referenced ordinance. The Administration recommends approval of this ordinance. If you have any questions, please contact me at your convenience. 1992 Carol Freas From: Duane Bannock [d bannock@hotmail.com) Sent: Tuesday, June 07,-2011 9:31 PM To: Mayor Porter; mboyle @alaska.com; bob @molloyforcouncil.com; cpajoe @aitrogco.com; ryan @marquisforkenai.com; terry @bookeyforkenai.com; briangabriel @acsalaska.net Cc: Carol Freas Subject: Ordinance 2560 -2011 Dear Mayor Porter and Council Members, Thank you for your dedicated efforts in making Kenai such great place to live! Your work is appreciated. 1 am writing to you with my comments regarding Ordinance 2560 -201 1 to amend the definition of what is a junk vehicle; specifically, to remove the reference to current vehicle registration. 1 was a member of the Kenai City Council when this law was adopted and I'm disappointed that now, 13 years later, I'tn learning that the law doesn't read the way 1 thought it did. I believe there is logic for keeping the language and it is based on my experience as a former DMV employee, although I think slight changes my be necessary. While the Alaska law is clear that vehicle registration is a requirement only for vehicles driven on public roads (AS 28.10.01 1) there is also a local, fiscal element to current vehicle registration. The Kenai Peninsula Borough has selected the DMV to collect local property tax on automobiles through Motor Vehicle Registration Tax (MVRT AS 28.10.431). When vehicle registration is paid (originally and at renewal) a portion includes MVRT which is forwarded from the state to the borough and to the city. As such, when vehicle registration expires and remains unpaid, the borough and /or city are not collecting the scheduled tax revenue. Others have argued against MVRT by stating that "the vehicle is not operable — why should 1 be required to pay tax on it ?" 1 submit that MVRT is not a `use -tax' hut rather, is the correct substitute for personal property tax. The other reason I support a local requirement for current registration, specific to `junked' or inoperable vehicles, is that many of the abandoned vehicles in Alaska are unregistered and lead to difficulties in identifying the ownership and the responsible party. However, I 'firmly believe that the ordinance, as currently written, is flawed for the simple reason that expired registration alone, should not lead to a definitive finding of "Junk vehicle," Please accept my possible suggestions for your consideration: 1. Keep the language currently found in 12.25.030(0(1), but renumber to include it as one of the `conditions' found in (f)(2) OR 2. Amend language in 12.25.030(f)(1) by replacing the OR conjuncture with AND Thank you for your consideration, and a Special Thank You for all that you do, Duane Bannock 1908 Aliak PO Box 2044 Kenai, AK 99611 caY'f KENA ALASKA 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. Form: 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 Text Underlined; [DELETED TEXT PRACKETED1 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 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 COliNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. AlIEST: Carol. L. Freas, City Clerk MIKE BOYLE, VICE MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: `, 2011 New Text Underlined• [DELETED TEXT BRACKETED/ "Vi& &aye with a Past, a with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 MEMO: TO: pi, FROM: t DATE: SUBJECT: City Council Rick Koch June 9, 2011 Ordinance No 2561 -2011, Amending KMC 6.20 Prohibiting 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 The purpose of this correspondence is to provide Administration's recommendation regarding the above - referenced ordinance. The Administration recommends against passage of this ordinance. The City Attorney previously researched the definition of "expending City funds to influence the outcome of an election:" .APOC's response to the question was that they considered any expenditure of public funds to address a ballot proposition and /or referendum as an expense to influence an election. That is the reason that separate accounting was imposed for the distribution of unbiased information regarding the G.O. bond ballot propositions for the Library and Bluff Erosion, and the referendum regarding the re -zone of properties along the Kenai Spur Highway. The authority to determine if City funds are used to influence the outcome of ballot proposition or question initiated or referred to the voters rests solely with the City Council. Administration's position is the authority should remain with Council and any determination regarding the expenditure of City funds be made by them on a case -by -case basis. If under the City Charter Section 11 -1(a), a group of qualified voters brought forth an initiative that was clearly not in the best interest of the City, it should be incumbent upon the City Council to provide accurate information to the voters so that informed choices could be made. 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. Form. This is a Code 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 Underlined' [DELETED 1 N RT BRr1CHETE -10- Ordinance No. 2562 -2011 Page 2 of 3 (b) No voter shall sign more than one (1) 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 form: 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 Date Filed: By: Received: City Clerk Signature of Candidate years if elected. [(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] 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 MIKE BOYLE, VICE MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: 'k, 2011 New Text Underlined) [DELETED TEXT BRACKETED) -12- KE A , ALASKA Nzy "Village with a Past, Gity with a Fistctre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: June 10, 2011 RE: ITEM D -3, ORDINANCE NO. 2562 -2011 Amer cling Section 6.2 0.010, "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. The requirement to file a partially- completed nominating petition with the City Clerk assists this office to provide information to the public and news agencies who may call between August 1 -15 asking who has filed and for what office. However, the Office of City Clerk has no objection to Ordinance No. 2562 -2011. cif -13- KENAI ALASKA "Village with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 1I11li 1992 MF;Mo: TO: City Council ILAFROM: Rick Koch DATE: June 9, 2011 SUBJECT: Ordinance No. 2562 -2011, Amending KMC 6.10.10.010 The purpose of this correspondence is to provide Administration's recommendation regarding the above - referenced ordinance. The Administration has no recommendation regarding this ordinance. -14- the city o KENALALASKA Suggested by: Administration 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, In.tern.ational 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 n 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, a.s 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: -15- 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[6]9 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 riot 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[6]9 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: New Text Underlined; IDEI ETED TEXT BRACKETED] -16- 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." 70 " 2 SANITARY DRAINAGE. I V 1.1• DELETE THE WORDS "CHAPTER 15, FIRESTOP PROTECTION" AND REPLACE WITH THE WORDS "THE BUILDING CODE AS ADOPTED BY KMC," 704.3 FIXTURE CONNECTIONS (DRAINAGE). DELETE THE SECOND AND THIRD SENTENCES. 801.3 BAR AND FOUNTAIN SINK TRAPS. DELETE THE WORDS "5 FEET" FROM THE LAST SENTENCE AND SUBSTITUTE THE WORDS "15 FEEL" 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] -17- 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] -18- 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 Fr PIING 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(3j by adding the following language to line one of the secti.on, 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 sh.al1_ 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 EL EDI -19- Ordinance No. 2563 -2011 Page 6 of 7 LC) 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 chapte 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, J`YG, 839, 164J -9J, 1813-99 ; Iepealed. 2VV 1'2VV3) 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 Unifouri 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] -20- 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 this chapter • 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. 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 Ju � J gm operation p , p application directly involved in all controversy in whi.ch 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 Coun.cil hereby declares that it would have enacted. the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, City Clerk MIKE BOYLE, VICE MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: July 15, 2011 New Text Underlined: IDELETED TEXT BRACKETED] -21- he cfty at KENAI, ALASKA 'Village with a Past, Cc 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 with a Future" l� uarm�an MEMO: TO: Rick Koch, City Manager THRU: Kevin Lyon, Acting Public Works Director FROM: Larry Floyd, Building Officia!'V n 4J( DATE: May 31, 2011 �� SUBJECT: ORDINANCE NO. 2563 -2011; Adoption of the 2009 Uniform Plumbing Code This memo is in support of Ordinance No. 2563 -2011 which will adopt the 2009 edition of the Uniform Plumbing Code, Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar Energy Code as amended by the State of Alaska. The City has historically adopted the latest edition of the Uniform Plumbing Code as the standard for Plumbing installations in the City of Kenai. In April of this year, the City of Kenai entered into a Memorandum of Agreement and Understanding with the State of Alaska. Under that agreement, the City agreed to adopt and enforce Plumbing standards that are no less stringent than the State of Alaska's minimum standards. The State of Alaska adopted the 2009 Uniform Plumbing Code with amendments in March of this year. therefore recommend the adoption of these Uniform Codes as amended by the State of Alaska in order to comply with the conditions of our agreement, to consistently enforce the code standards in effect throughout the State and to establish the latest Plumbing Codes Standards for the City of Kenai. 1992 the rih, f a KENAI. ALAS A 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 so es 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 their 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 BRACKETED] -23- 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. 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(1), 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 MIKE BOYLE, VICE MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Effective: July 15, 2011 New Text underlined' IDELETED TEXT BRACXETEDI -24- "Village with a Past, C with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 TO: City Council FROM: Rick Koch DATE: June 9, 2011 SUBJECT: Ordinance No. 2564 -2011, Disclosure of Information Collection The purpose of this correspondence is to provide Administration's recommendation regarding the above - referenced ordinance. The Administration strongly recommends against passage of this ordinance. The sponsor of this ordinance has not provided any supporting information regarding the ordinance other than what is contained in the ordinance itself. Therefore, the language in the ordinance is the only information considered. The ordinance states "the collection of this information is sometimes covert" and "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." These statements are false and shows the City and Administration in a poor light. In the course of conducting the City's business, City staff is called upon many times a day to refer to information contained in GIS, and other files. For example, when I responded to the James Street Special Improvement District petition, I researched the subdivision plats, property ownership, and utility locations for approximately one -block in all- directions from the proposed improvement district. This encompassed approximately 50 properties, and I included information about these properties in my working file for the improvement district. Under this ordinance I would be required to provide notification to each of the property owners. While the proposed ordinance is mute to further research of this nature, what happens if at a later time I access the Borough data base and make a copy of additional information, must I re- notify the -25- property owners? The estimated effect of this ordinance would be to expend thousands, to tens of thousands, of additional labor hours each year and require an increase of three to six employees. If you have any questions, please contact me at your convenience. -26- he city of KEKA�uSKA / CITY OF KENAI RESOLUTION NO. 2011 -47 Suggested by: Council A RESOLUTION OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE PROJECT ENTITLED "JAMES STREET SPECIAL ASSESSMENT DISTRICT" AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT. WHEREAS, the Council directs the City Administration to continue with this project; and, WHEREAS, the following is a list of major improvements that are scheduled to be completed under this project: 1. Excavation, backfill, and grading 2. Gravel surfacing 3. Topsoil and seeding 4. Signage and traffic control; and, WHEREAS, the Council finds the improvements are necessary and of benefit to the properties to be assessed; and, WHEREAS, the local improvement district costs will be allocated on a front footage basis; and, WHEREAS, the project is not objected to by owners of properties bearing one hundred percent (100 %) of the estimated costs to be borne by property owners; and, WHEREAS, an account will be kept of all costs of the improvements and that after all costs are known, the City Manager shall prepare an assessment roll for the improvements; and, WHEREAS, all of the above improvements will be done in this area and one hundred percent (100 %) of the total completed improvements will he assessed to the benefited property owners; and, WHEREAS, this resolution will be mailed to each property owner adjacent to the streets designated for improvements; and, WHEREAS, the property owner's name and address used will be that which is on record at the Kenai Peninsula Borough on this date, June 15, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City will continue with the project entitled "James Street Special Assessment District" and the improvements listed above. -27- Resolution No. 2011 -47 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: MIKE BOYLE, VICE MAYOR -28- CO Proposed , .tries Street LID Assessment Methodologies ASSESSMENT METHODOLOGIES BASED ON ASPHALT SURFACED ROADWAY PROPERTY OWNERS SHARE (50 %) 01 00 $ 53,447.24 Parcel ID Owner Physical Address Legal Description Double Frontage Lot Size (sf) frontage (If) Estimated Assessment Based on Lot Size Estimated Assesment Based on Front Footage Estimated Assessment Based on Equal Share 4513035 Smith, Bennet C. 1109 Kaknu Way Stenga Sub No 2 Lot 4 Yes* 6,612 4932 $ 2,673.66 $ 2,700.75 $ 5,344.72 4513036 Smith, Bennet C. 304 lames St. Stenga Sub No 2 Lot 5 No 13,226 99.03 $ 5,348.12 $ 5,400.95 $ 5,344.72 4513044 McComsey, Mark 5. 1110 Kiana In Dunkley Sub tot 1 Ves" 6,575 47.38 $ 2,658.69 $ .2,584.04 $ 5,344.72 4513049 English, Kenneth M. 1106 Kiana Ln Ryan Sub Blk 1 Lot 1 Yes` 6,645 47.96 $ 2,687.00 $ 2,615.67 $ 5,344.72 4513067 Richmond, Bill 309 Jaynes St, Ryan Sub Richmond Re- plat Blk 1 Lot. 2A No 26,300 197.00 $ 10,634.78 $ 10,744.10 $ 5,344.72 4513060 Meyer, Aaron T. 1107 Kaknu Way Gemini Park Sub Lot 9 Yes* 3,700 55.00 $ 1,495.95 5 2,999.62 $ 5,344.72 4513061 Juliussen, Eugene 0 & Bonnie H. 307 James 51. Gemini Park Sub Lot 10 No 29,419 187.07 $ 11,895.99 $ 10,202.53 $ 5,344.72 4513037 Smith, Bennet C. 306 James St. Stenga Sub No 2 Lot 6 No 13,229 99.03 $ 5,349,33 $ 5,400.95 $ 5,344.72 4513041 Evans, Jack C. & Patricia L. 308 James St. Stock Sub 871 1 Lot 4 No 13,230 99.00 $ 5,349.74 $ 5,399.32 $ 5,344.72 4513045 Palm, John R. 310 James St. Ounkley Sub Lot 2 No 13,240 99.00 $ 5,353.78 $ 5,399.32 $ 5,344.72 132,176 979.99 $ 53,447.04 $ 53,447.24 $ 53,447.20 * For properties with double frontage, lot size and frontage length has been reduced by one -half ASSESSMENT METHODOLOGIES BASED ON CRUSHED AGGREGATE SURFACED ROADWAY PROPERTY OWNERS SHARE (100 %) OF LID $ 77,924.00 Parcel ID Owner Physical Address Legal Description Double Frontage Lot Size (sr) Frontage (10 Estimated Assessment Based on Lot Size Estimated Assesment Based an Front Footage Estimated Assessment Based on Equal Share 4513035 Smith, Bennet C. 1109 Kaknu Way Stenga Sub No 2 Lot 4 Yes* 6,612 49.52 $ 3,898.09 $ 3,937.59 $ 7,792.40 4513036 Smith, Bennet C. 304 James St. Stenga Sub No 2 Lot 5 No 13,226 99.03 $ 7,797.35 $ 7,874.38 $ 7,792.40 4513044 McComsey, Mark S. 1110 Kiana In Dunkley Sub Lot 1 Yes" 6,575 47.38 $ 3,876.27 $ 3,767.43 $ 7,792.40 4513049 English, Kenneth M. 1106 Kiana In Ryan Sub Bik 1 Lot 1 Yes* 6,645 47.96 $ 3,917.54 $ 3,813.54 $ 7,792.40 4513067 Richmond, Bill 309 James St. Ryan Sub Richmond Re- plat Bik 1 Lot 2A No 26,300 197.00 $ 15,505.09 $ 15,664.47 $ 7,792.40 4513060 Meyer, Aaron T. 1107 Kaknu Way Gemini Park Sub Lot 9 Yes" 3,700 55.00 $ 2,181.03 $ 4,373.33 $ 7,792.40 4513061 Juliussen, Eugene 0 & Bonnie H. 307 James St. Gemini Park Sub Lot 10 No 29,419 187.07 $ 17,343.89 $ 14,874.89 $ 7,792.40 4513037 Smith, Bennet C. 306 James St. Stenga Sub No 2 Lot 6 No 13,229 99.03 $ 7,799.12 $ 7,874.38 $ 7,792.40 4513041 Evans, Jack 0 & Patricia L. 308 Jaynes St. Stock Sub Elk 1 Lot 4 No 13,230 99.00 $ 7,799.71 $ 7,871.99 $ 7,792.40 4513045 Palm, John R. 310 James St. Dunkley Sub Lot 2 No 13,240 99.00 $ 7,805.61 $ 7,871.99 $ 7,792.40 132,176 979.99 $ 77,923.71 $ 77,924.00 $ 77,924.00 * For properties with double frontage, lot size and frontage length has been reduced by one -half "Village with a Past, Cc y with a Ftstire" MEMO: 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: City Council FROM: Rick Koch DATE: June 7, 2011 SUBJECT: Resolution No. 2011 -47 James Street Special Assessment District Resolution No. 2011 -48 James Street & Kiana Street Special Assessment District L I1 r 1992 The purpose of this correspondence is to provide the Administration's recommendations regarding the above referenced resolutions. Resolution No. 2011 -47 James Street Special Assessment District Administration recommends that the Council does not pass this resolution. The roadway to be constructed by this improvement district will not be to a paved standard and will require a significantly greater and costlier maintenance effort. If the Council chooses to support this alternative, Administration recommends the cost of the improvements be borne 100% by the Property Owners. Resolution 2011 -48 James Street & Kiana Street Special Assessment District Even though this Improvement District includes Kiana Street in the title the scope of work (less asphalt) is the same as the above improvement district. Administration recommends that Council support this resolution as the roadway will be constructed to a paved standard. Further, Administration recommends the cost of the improvements be shared equally (50 %- 50%) between the City and the Property Owners. If you have any questions, please contact me at your convenience. -30- (kr si y u% KENAI. ALASKA \u/ CITY OF KENAI RESOLUTION NO. 2011 -48 Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE PROJECT ENTITLED "JAMES STREET AND KIANA LANE SPECIAL ASSESSMENT DISTRICT' AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT. WHEREAS, the Council directs the City Administration to continue with this project; and, WHEREAS, the following is a list of major improvements that are scheduled to be completed under this project: 1. Excavation, bac_kfill, and grading 2. Asphalt paving 3. Topsoil and seeding 5. Signage and traffic control; and, WHEREAS, the Council finds the improvements are necessary and of benefit to the properties to be assessed; and., WHEREAS, the local improvement district costs will he allocated on a front footage basis extending one lot deep adjacent to improvements in this subdivided area; and, WHEREAS, the project is not objected to by owners of properties bearing fifty percent (50%) or more of the estimated costs to be borne by property owners; and, WHEREAS, an account will be kept of all costs of the improvements and. that after all costs are known, the City Manager shall prepare an assessment roll for the improvements; and, WHEREAS, all of the above improvements will be done in this area but only fifty percent (50 %) of the total completed improvements will be assessed to the benefited property owners; and, WHEREAS, this resolution will be mailed to each property owner adjacent to the streets designated for improvements; and, WHEREAS, the property owner's name and address used will be that which is on record at the Kenai Peninsula Borough on this date, June 15, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City will continue with the project entitled "James Street and Kiana Lane Special Assessment District" and the improvements listed above. -31- Resolution No. 2011 -48 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -32- MIKE BOYLE, VICE MAYOR CA) Proposed ,nes Street LID Assessment Methodologies ASSESSMENT METHODOLOGIES BASED ON ASPHALT SURFACED ROADWAY PROPERTY OWNERS SHARE (S0%) OF LID $ 53,447.24 Parcel ID Owner Physical Address Legal Description Stenga Sub No 2 Lot4 Double Frontage Yes` Lot Size (sf) 6,612 Frontage (If) 49.52 Estimated Assessment Based on Lot Sze $ 2,673.66 Estimated Assesment Based on Front Footage $ 2,700.75 Estimated Assessment Based on Equal Share $ 5,34432 4513035 Smith, Bennet C. 1109 Kaknu Way 4513035 Smith, Bennet C. 304 James St. Stenga Sub No 2 Lot 5 No 13,225 99 -03 $ 5,348.12 $ 5,400.45 $ 5,344.72 4513094 McComsey, Mark S. 1110 Kiana Ln Dunkley Sub Lot 1 Yes` 6,575 47.38 $ 2,658.69 $ 2,584.04 $ 5,344.72 4513049 English, Kenneth M. 1106 Kiana Ln Ryan Sub Blk 1 Lot 1 Yes* 6,645 47.96 $ 2,687.00 $ 7,615.67 $ 5,344.72 4513067 Richmond, Bill 309 James St. Ryan Sub Richmond Re- plat Blk 1 Lot 2A No 26,300 197.00 $ 10,634.78 $ 10,744.10 $ 5,344.72 4513060 Meyer, Aaron T. 1107 Kaknu Way Gemini Park Sub Lot 9 Yes* 3,700 55.00 $ 1,495.95 $ 2,999.62 $ 5,344.72 4513061 Juliussen, Eugene D & Bonnie H. 307 James St. Gemini Park Sub Lot 10 No 29,419 187.07 $ 11,895.99 $ 10,202.53 $ 5,344.72 4513037 Smith, Bennet C. 306 James St. Stenga Sub No 2 Lot 6 No 13,229 99.03 $ 5,349.33 $ 5,400.95 $ 5,344.72 4513041 Evans, Jack C. & Patricia L 308 James St. Stock Sub Blk 1. Lot 4 No 13,230 99.00 $ 5,349.74 $ 5,399.32 $ 5,344.72 4513045 Palm, John R. 310 James St. Dunkley Sub Lot 2 No 13,240 99.00 $ 5,353.78 $ 5,399.32 $ 5,344.72 310 James St. Dunkley Sub lot 2 132,176 979.99 $ 53,447.04 5 53,447.24 $ 53,447.20 * For properties with double frontage, lot size and frontage length has been reduced by one -half ASSESSMENT METHODOLOGIES BASED ON CRUSHED AGGREGATE SURFACED ROADWAY PROPERTY OWNERS SHARE (100 %) OF LID $ 77,924.00 Parcel ID Owner Physical Address Legal Description Double Frontage Lot Size (sr) Frontage (If) Estimated Assessrnent Based on Lot Size Estimated Assesment Based on Front Footage Estimated Assessment Based on Equal Share 4513035 Smith, Bennet C. 1109 Kaknu Way Stenga Sub No 2 Lot 4 Yes* 6,612 49.52 $ 3,898.09 $ 3,937.59 $ 7,792.40 4513036 Smith, Bennet C. 304 James St. Stenga Sub No 2 Lot 5 No 13,226 99.03 $ 7,797.35 $ 7,874.38 $ 7,792.40 4513044 McComsey, Mark S. 1110 Kiana Ln Dunkley Sub Lot 1 Yes* 6,575 47.38 $ 3,876.27 $ 3,767.43 $ 7,792.40 4513049 English, Kenneth M. 1105 Kiana Ln Ryan Sub Bik, 1 Lot 1 Yes* 6,645 47.96 $ 3,917.54 $ 3,813.54 $ 7,792.40 4513067 Richmond, Bill 309 James St. Ryan Sub Richmond Re- plat Blk 1 Lot 2A No 26,300 197.00 $ 15,505.09 $ 15,664.47 $ 7,792.40 4513060 Meyer, Aaron T. 1107 Kaknu Way Gemini Park Sub Lot 9 Yes* 3,700 55.00 $ 2,181.03 $ 4,373.33 $ 7,792.40 4513061 Juliussen, Eugene D & Bonnie H. 307 James 5t. Gemini Park Sub Lot 10 No 29,419 187.07 $ 17,343.89 $ 14,874.89 $ 7,792.40 4513037 Smith, Bennet C. 306 James 5t. Stenga Sub No 2 Lot 6 No 13,229 99.03 $ 7,799.12 $ 7,874.38 $ 7,792.40 4513041 Evans, Jack C. & Patricia L. 308 James St. Stock Sub Bllc 1 Lot 4 No 13,230 99.00 $ 7,799.71 $ 7,871.99 $ 7,792.40 4513045 Palm, John R. 310 James St. Dunkley Sub lot 2 No 13,240 99.00 $ 7,805.61 $ 7,871.99 $ 7,792.40 132,176. 979.99 $ 77,923,71 $ 77,924.00 $ 77,924.00 * For properties with double frontage, lot size and frontage length has been reduced by one -hall "I/illaye with a Past, CI 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 �7r;vro: with a Future" Est '111r 1997 TO: City Council FROM: Rick Koch DATE: June 7, 2011 SUBJECT: Resolution No. 2011 -47 James Street Special Assessment District Resolution No. 2011 -48 James Street & Kiana Street Special Assessment District The purpose of this correspondence is to provide the Administration's recommendations regarding the above referenced resolutions. Resolution No. 2011 -47 James Street Special Assessment District Administration recommends that the Council does not pass this resolution. The roadway to be constructed by this improvement district will not be to a paved standard and will require a significantly greater and costlier maintenance effort, If the Council chooses to support this alternative, Administration recommends the cost of the improvements be borne 100% by the Property Owners. Resolution 2011 -48 James Street & Kiana Street Special Assessment District Even though this Improvement District includes Kiana Street in the title the scope of work (less asphalt) is the same as the above improvement district. Administration recommends that Council support this resolution as the roadway will be constructed to a paved standard. Further, Administration recommends the cost of the improvements be shared equally (50 %- 50%) between the City and the Property Owners. If you have any questions, please contact me at your convenience. -34- ;7, 0{ KENAI, SKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE YEAR AGREEMENT FOR INSURANCE COVERAGE WITH ALASKA PUBLIC ENTITY INSURANCE (APEI) TO COMMENCE JULY 1 2011 AND END JUNE 30, 2014. WHEREAS, the City has been a member of APEI since July 1, 2000 receiving competitive rates and quality insurance coverage for the City; and, WHEREAS, as a long -term member of APEI the City receives annual premium renewal credits based upon APEI's prescribed member dividend program. The City's FY12 member dividend is $48,529 and is based upon the City's longevity with APEI and the City's excellent insurance loss history; and, WHEREAS, in addition to receiving a member dividend the City will also receive a premium credit of $30,797 for its loss control programs; and, WHEREAS, APEI offers a 3 %, $13,785 for FY12, commitment credit to members signing a three -year commitment for coverage with APEI; and, WHEREAS, the APEI, three -year commitment allows the City to terminate the agreement should the City's net premium increase by more than 10% in any single year; and, WHEREAS, based upon the high quality coverage, competitive premiums and credits totaling $93,111 for FY12 it is in the City's best interest to retain coverage with and enter into a three year commitment with APEI for the City's insurance needs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Council authorizes the City Manager to renew its coverage with APEI and enter into a three year commitment for coverage to commence July L 2011 and end June 30, 2014. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L, Freas, City Clerk Approved by Finance: /I`- -35- MIKE BOYLE, VICE MAYOR thr thy KENAI, ALASKA "Village with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907- 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: June 2, 2011. Re: Resolution No. 2011 -49 Annual insurance renewal. Each year the City goes through a process of renewing i.ts insurance coverage's. The City has purchased its coverage for Alaska Public Entity Insurance (APEI) since July 1, 2000 and has always received quality insurance at competitive rates. As an insurance pool, APEI provides insurance coverage to its members. APEI has implemented a premium credit program to return excess equity to its members. Excess equity is created when insurance premiums are in excess of actual claims. APEI has determined its retained earnings are in excess of its needs and has instituted a rebate program to its members. The program rewards members for longevity with APEI and for a positive loss history. The credit is only available to entities that renew their coverage with APEI. The FY 12 City credit is $48,529. APEI provides a premium credit for active safety programs of its insured, The credit is for up to a 9.5% of the City's insurance premium net of APEI's premiums for reinsurance. Reinsurance is coverage provided by other insurance companies for liability in excess of APEI self- retention. The loss control credit requires the City to establish. and operate a safety committee and provide safety training for its employees. The City will receive the maximum 9.5% credit for FYI2 for its program. The credit equals $30,797 for FYI2 and is reflective of the City's active safety committee and more than 4,707 hours of safety related training taken by City personnel in FY1 1. APEI also provides a 3% longevity premium credit to members who enter into a three year commitment for coverage with APE'. The FYI2 longevity credit offered to the City is $13,785. The three -year agreement required to receive the credit allows the City to terminate the agreement at any time should the net premium for coverage increase by more than 10% from one fiscal year to the next. Based upon the quality coverage, competitive rates, excellent service, and $93,111 in credit offered to the City for renewing it coverage, I recommend renewing coverage with APEI and entering into the attached three year agreement for coverage. The three -year agreement would be effective July I, 2011 through June 30, 2014. -36- ilc En Insures 2233Jcndan Avenue Juneau. AK 00807 Plane: (9071 523 -9400 Fax: (9071 584-2008 w'ww.akpei.com AGREEMENT TO REMAIN IN APEI PROGRAM The mission of Alaska Public Entity Insurance ( "APEI ") is to provide our members with stable, affordable insurance, broad insurance coverage, and effective risk management services to ensure that maximum funds are available for local government and education programs. APEI is a non - profit corporation, and all member contributions are allocated to, and utilized for, the payment of claims and program expenses. APEI is generally referred to as an insurance "pool ", meaning that risks, liability and expenses are shared on an equitable basis among all pool members. In order to encourage stable membership and more membership predictability, an important factor in procuring excess and reinsurance, the APEI Board of Directors has authorized the establishment of a program whereby a member's annual contribution will be discounted in exchange for an agreement to remain in the program for three years. Other than the annual allocation of the discount to the amount due from the participating member, a member's election to participate or not in this discount program will have no effect on any other aspect of the program as it relates to the member. APEI and the undersigned member of APEI ( "Member "), for mutual consideration, hereby agree as follows: 1. Except as provided in paragraph 3 below, Member agrees to remain a member of APEI for at least three years, through the conclusion of the 2013 -2014 policy year that will end on June 30, 2014. Consistent with this paragraph, Member agrees not to give notice of intent to withdraw from the program during the three year period, and further agrees not to seek quotes during that time from other potential insurers for coverage provided under the APEI program. 2. APEI agrees to provide Member with a discount on Member's annual contributions each year for the provision of insurance coverage under the program. Each policy year, the discount shall be 3% of the net premium received by APEI. 3. If APEI determines that the net premium rate charged to Member, after deductions for excess insurance and broker commissions (not including changes in premium due to increases in Member's payroll, total insured property value, or vehicle count) is greater than 10% more than the rate charged for the preceding policy year, APEI will so notify Member and Member may, at its sole option, elect to cancel its commitment under this program without incurring charges or penalties under paragraph 4. _37_ Agreement to Remain in Program, 3/1 /2011; page 2 of 2 4. If Member gives written notice to the Administrator (APEI Executive Director) of intent to withdraw from the program prior to the conclusion of this three year agreement, or otherwise acts inconsistent with the terms of this agreement, Member will forfeit all credits received during this three year term pursuant to this agreement and will be required to repay all such credits to APEI, with interest, and will further be required to pay penalties in the amount of 10% of the total premium charged for the last year Member was in the APEI program, as determined by the Administrator. 5. This agreement is effective July 1, 2011 through June 30, 2014. IN WITNESS WHEREOF, the parties hereto, acting through properly authorized officials. hereby execute this Agreement. Member: Alaska Public Entity Insurance By: By: Title: Title: Date: Date: -38- Mr ^dh NEN \\,571SNQ Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND TO REDIRECT AN AMOUNT PREVIOUSLY APPROPRIATED FOR AN ALTERNATIVE ENERGY PROJECT TO UPGRADE THE CITY COUNCIL CHAMBERS AUDIO /VISUAL EQUIPMENT AND INTERNET CAMERA SYSTEM. WHEREAS, the City's FY2011 Budget included amounts for a study to determine if wind generators were feasible at various City facilities and an additional amount to install a generator should a site be determined to be viable; and, WHEREAS, the conclusion of the study was that absent significant grant funding, no City facility possessed the needed attributes to economically justify the installation of a wind generator; and, WHEREAS, based upon the study's conclusion, the need for the $90,000 appropriated for installation of a wind generator is available for redirection to other projects; and, WHEREAS, $60,000 of has already been reallocated via Resolution No. 2011 -25 for the Municipal Park Playground Expansion Project and the City Cemetery Improvement Project; and, WHEREAS, the Administration has identified a $6,000 project to upgrade the audio /visual equipment of the City Council Chambers to improve public presentation capabilities and public viewing of meetings streamed via s g the world wide web; and, WHEREAS, the Administration intends to use the local vendor, Audio Concepts, to perform the upgrade; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund Decrease: Non - Departmental - Transfer to Alternative Energy Project Fund 6,000 Increase: Non - Departmental - Small Tools $ 6,000 -39- Resolution No. 2011 -50 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2011. ATTEST: Carol L. Freas, City Clerk Approved. by Finance: -40- MIKE BOYLE, VICE MAYOR Ricic Koch, City Manager From: Terry Eubank, Finance Director Date: June 3, 2011 Re: Resolution 2011 -50. Tillage with a Past, City with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907- 283 -3014 The audio /visual equipment in. the City's Council Chambers requires manual setup for each presentation with wires and cables being extended in the pathways of the chambers. In the event of multiple presentations at a single meeting the transition can be cumbersome and time consuming. The planned upgrade, if approved, will include installation of two permanently mounted, ceiling, overhead projectors capable of projecting computer presentations, videos, and internet streamed presentations without the need to stretch cables on the f floor of the chambers. The upgrade will also include upgrading the camera used for internet streaming of council meetings and permanently, ceiling mounting the camera to improve the viewing angle and picture of those watching via the internet. The Administration consulted with a local vendor providing the sales and installation of such equipment. Due to the technical nature of such equipment, a local vendor is highly desirable for their ability to provide onsite technical support, Audio Concepts is the local vendor selected for this upgrade if approved. -41- the ci%n KENAI, ALASKA "Village with a Past, Gity u 210 Fidalgo Avenue, Kenai, Alas' Telephone: (907) 283 -7535 / FAX: lout zo3 -,w]4 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City 1-rk DATE: June 15, 2011 RE: RESOLUTION NO. 2011 -50 AUTHORIZATION FOR FUNDING /COUNCIL CHAMBERS SOUND SYSTEM UPGRADE I respectfully request Resolution No. 2011 -50 be postponed until additional information, explanations, comparisons, and assurances are received and reviewed by the City Clerk /Deputy City Clerk and the City Council. I am making this request because: The Clerk has not been consulted with regard to what problems and concerns the Clerk's Office has regarding the use of the equipment and the ability to make and preserve the records of the Council and commission. Neither the Clerk nor the Council have been provided with a written explanation to identify problems; how to address problems with the current system; comparison information /explanation for new equipment and /or continued use of current equipment, i.e. video camera in place of a webcam, etc.; and, written assurances any new equipment will be compatible with current or future software. Resolution No. 2011 -50, fifth whereas, it states "the Administration has identified a $6,000 project to upgrade the audio /visual equipment of the City Council Chambers to improve public presentation capabilities and public viewing of meetings streamed via the world wide web..." The Dan's TV proposal indicates the total cost of its proposal as 515,882.25. There is no explanation of the $9,882.25 decrease. Without more information, I can conclude only that this appropriation reflects a piece -meal effort to address the audio - visual technology in the Council Chambers. Based upon comments of Council at the February 16 Council meeting, it was my understanding that the Council wanted to see a comprehensive assessment and approach to improving its system. Additional Background. At the February 16, 2011 Council Meeting, Council discussed microphone etiquette. It also discussed some sound system issues related to recording and webacasting. One of the biggest concerns raised was the rustling of papers and other ambient notice that clouded the meeting's recording. This was particularly problematic for persons listening via webcast and for the quality of the recorded documentation of the meeting. The Council directed Administration, Building Maintenance, and the City Clerk to obtain an assessment of the system. The purpose of the assessment was to determine any need for upgrading the sound system to provide a better experience for the people attending meetings, both in the Chambers and via live- streaming through the Internet. This directive implicitly recognized that the Clerk and Deputy Clerk are the principal users of the equipment and that the Clerk is the custodian of the City records created through the use of the equipment. I cannot agree more. This most certainly is a Clerk's issue. Through the sound system, the City records its Council meetings, a statutory requirement. City of Kenai Charter, Section 2 -5 and KMC 1.25.020 identify the Clerk as the custodian of the records of the City. Accordingly, the job description to be considered by Council identifies the Clerk as having the ultimate responsibility for the management of all City records. The Clerk's Office makes the record and manages the record. Each recording becomes a record of the City and specifically of the Clerk's Office. Further, it is the Clerk who makes adjustments to the recording equipment as well as to microphone output and streaming output during each meeting. It is the Clerk who sets up the meeting room and tests the equipment. It is the Clerk that uploads the Council recordings to its web contractor (Granicus) and it is the Clerk who administers that contract for web services. It is the Clerk that manages the software to operate this equipment and its compatibility with other software used by the City. It is the Clerk who responds to requests for copies for these records and who makes copies for the public and for courts. Modern day clerks are de facto highly experienced professionals well - versed in the use of this type of equipment, regardless of any formal training. COUNCIL MEETING MINUTES AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 1, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / / www. ci. kenai. ak. u s 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 comp eru limited to 10 minutes per speaker) Mary Jo Joiner /Christine Cunningham -- All - America City Presentation Update. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public cumrnent limited to 3 mirtuies per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons m.ay 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. 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. -43- 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. 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. 10. Resolution No. 2011-46 -- Correcting the Total Purchase Price for Airport Snow Removal Equipment to the Amount of $864,727. E: IWINUTES 1. *Regular Meeting of May 18, 2011. 2. *May 9, 2011 Budget Work Session Notes 3. *May 10, 2011 Work Session Notes 4. *May 24, 2011 Special Council Meeting Minutes 5. *May 25, 2011 Special Council Meeting Minutes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding -44- 15,000 *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. 2, Action /Approval -- Commissioner Appointments /Library and Parks & Recreation Commissions 9. Discussion -- City Clerk Recruitment ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Co a. b. c. d. e. es Beautification Committee Alaska Municipal League Report Mini -Grant Steering Committee Kenai Convention & Visitors Bureau Reports of KPB Assembly, Legislators and Councils -45- ITEM I: REPORT OF THE MAYOR ITEM 3: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM I{: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment ?imaged to 5 minutes per speaker) 2. Council Member Comments 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 L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2546 -2 011 -- 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: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with direction.s to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with, its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform there of the work session(s) and public hearing. The motion to adopt is active.) ITEM M: ADJOURNMENT -46- KENAI CITY COUNCIL - REGULAR MEETING JUNE 1, 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: Ryan Marquis Pat Porter, Mayor Robert Molloy Joe Moore Mike Boyle, Vice Mayor Terry Bookey Absent was Council Member Brian Gabriel. A quorum was present. A -3. AGENDA APPROVAL The following changes were requested: ADD TO: B -1, All- America City presentation handout MOTION: Council Member Moore MOVED to remove Items G -3, G -4, G -5, and G -7 from the Consent Agenda and add them to the regular agenda, and move Item G -9 to be heard immediately after D -2. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: -47- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 2 Council Member Molloy MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no public comments. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) B -1. Mary Jo Joiner /Christine Cunningham -- AU- America City Presentation Update. Ms. Joiner and Ms. Cunningham provided an update to the A11 -1- America City competition, noting the City of Kenai was selected as one of the 26 finalists; a group of 14 people would be attending the competition in Kansas City, MO to present the City's program; and, Kenai nominated Kelsey Leaf and Hannah Coffman for the All- America City Youth Award. ITEM C: None. ITEM D: D -1. MOTION: UNSCHEDULED PUBLIC COMMENTS (Public comrrterd iimi minutes per speaker) PUBLIC HEARINGS ('Testimony limited to 3 minutes per speaker. Persons may give their time ouer 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. 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 5.05.150, 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. Council Member Marquis MOVED to enact Ordinance No. 2556 -2011 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. -48- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 3 Council comments included: • Thanks to the Clerk and City Attorney for their efforts in bringing the ordinance forward. • A. question of whether other communities were offering voting by electronic transmission. City Clerk Freas noted in her research, she was unable to find any other community allowing voting via electronic transmission, i.e. including voting using pdf documents transmitted via computer as proposed in the ordinance. She added, she had also discussed the issue with other Clerks throughout the State of Alaska and found none with specific language in their codes or processes to allow this type of voting. She did find information on the Internet identifying a new program being developed to provide voting by electronic transmission for military and out -of- country voters for federal elections, however no specific information of the process being developed. City Attorney Stearns noted her research included information Freas had provided her; researched case law, Alaska Statutes and Administrative Code; and, held discussions with other community contacts and was unable to find any referring to voting by electronic voting or the process and added, the City of Kenai would be breaking new ground.. It was also noted, the ordinance would be submitted to the U.S. Department of Justice for its required review, VOTE: 1 Marquis Yes Molloy Yes Boyle Yes Porter Yes ; Moore Yes Gabriel Absent LBookev i Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2557 -2011 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: -49- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 4 Marquis E Yes Molloy Yes Yes Boyle Gabriel Yes Absent 1 Porter 1 Yes Moore { Bookey i Yes I I Yes Gabriel MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and. Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2558 -2011 and Council Member Bookey SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was noted, the funding would be used for a conceptual drawing of a multipurpose facility. VOTE: Marquis Yes Molloy Yes [ Boyle Yes Porter Yes Moore Yes Gabriel Absent j Bookey Yes , MOTION PASSED UNANIMOUSLY. D-4. Ordinance No. 2559-2011 -- Amending Kenai Niun,_ctpal Code Section 1105.050, "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. MOTION: Council Member Boyle MOVED to adopt Ordinance No. 2559-2011 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. Council discussion followed with comments including: • The ordinance was brought forward because free use /discount to residents of some sorrt had long been discussed. • Suggestion to offer free use at the boat launch instead of the beach could be a way to work around the Public Trust Doctrine. • Applaud for the idea of free use of the boat launch, but concern it would violate the Public Trust Doctrine and would not want to have the City land its residents) defend the action. -50- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 5 Agreement with the sentiments and believed the citizens and Council would like to allow free use, but after reviewing comments from the City Attorney, had concerns about the City's legal standing. Suggestion to investigate a better solution and have more discussion during a work session with regard to offering a discount season pass. Agreement with the idea, but had concerns and would want to have further investigation first. • Agreed with the concept; thanked the City Attorney for the opinion which brought forward points to consider; and, believed it would be expensive to defend. • The Trust did not define access to the boat launch, only the beach; if no challenge was made, the City could move forward; and, question of who would challenge the City's position. VOTE: 1 Marquis No Molloy i_Yes Boyle Gabriel Yes Absent 1 Porter No 1 Moore j No Bookey No Bookey Yes 1 MOTION FAILED. D -S. 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 IVo. 2011 -40 is active.) 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: Marquis Yes Molloy '.. Yes 1 Boyle Yes I Porter Yes Moore !Yes j Gabriel Absent Bookey Yes 1 MOTION PASSED UNANIMOUSLY. D -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. MOTION: -51- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 6 Council Member Molloy MOVED to approve Resolution No. 2011 -42 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the . public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2011 -43 -- Authorizing the Purchase of a Multifunction Copier from Konica Minolta Business Solutions. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -43 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened to public hearing. Randy Daly, 108 Deepwood Court, Kenai -- Reported he was the owner of Hi -Speed Gear; the bids were submitted to the Borough several months prior; he felt it would be in the best interest of the City to request revised or fresh bids; the machine he bid was no longer available; and, with new bids, the price could be 15 -20% lower. There being no one else wishing to speak, the public hearing was closed. Council discussion followed with comments including: • The City used the process the Borough used in ranking and scoring. • The City could go through another bid process if so directed, however Administration found the needs of the Borough with regard to the purchase of a color copier very close to the City's needs. • The City used the Borough's process because it received good responses to its bid procedure. VOTE: There were no objections. SO ORDERED. D -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. MOTION: -52- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 7 Council Member Bookey MOVED for approval of Resolution No. 2011 -44 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. It was noted Senator Wagoner tried to obtain appropriations to provide a survey; if no funding was received from the State, funds from the capital project may be used for that purpose; and, the City was still maintaining the road. VOTE: There were no objections. SO ORDERED. D-9. Resolution No. 2011 -45 -- Awarding Non - Exclusive On- Airport Car Rental Concessions to Corporate Sales 8z, 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. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 201 1 -45 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. it was noted there would be two rental car companies; after two years, the City could go to bid again if there was interest for another company to come in; and, there would be no rotating leases with the other rental car companies. VOE: There were no objections. SO ORDERED. D -10. Resolution No. 2011 -46 -- Correcting the Total Purchase Price for Airport Snow Removal Equipment to the Amount of S864,727. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -46 and requested. UNANIMOUS CONSENT. 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. There were no Council comments. -53- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 8 VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of May 18, 2011 -- Approved by Consent Agenda. E -2. *May 9, 2011 Budget Work Session Notes -- Approved by Consent Agenda. *May 10, 2011 Work Session Notes -- Approved by Consent Agenda. E-4. *May 24, 2011 Special Council Meeting Minutes -- Approved by Consent Agenda. E -5. *May 25, 2011 Special Council Meeting Minutes -- Approved by Consent Agenda.. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Molloy MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Molloy MOVED to approve the purchase orders exceeding S15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. It was noted the furniture purchase for the Library was no extra furniture, but additional furniture ordered in relation to the building project. It was also noted, the change order was a difference of $900. VOTE: There were no objections. SO ORDERED. -54- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 9 G -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." Ordinance No. 2560 -2011 was removed from the consent agenda. MOTION: Council Member Boyle MOVED to introduce Ordinance No. 2560 -2011 and Council Member Marquis SECONDED the motion. Discussion included: • The ordinance would eliminate the requirement for a vehicle parked in the yard to be registered. • Requested the ordinance be removed from the consent agenda because of concern the process was flawed; enforcement was directed. by KMC 14.20.270 and should be used; and, the Planning & Zoning Commission should be allowed to go through its process. • Had no objection for the Commission to review the ordinance, however did not believe the Commission was required to review it. • Did not believe the enforcement was a Title 14 issue. • Confirmation the junk vehicle ordinance was a Title 12 issue and not an amendment to the zoning code; reminder Council was discussing introduction of the ordinance; and, it was Council's discretion to forward the ordinance to a commission for review, but was not requirement. • Request for a memo of explanation be included with the ordinance as (wen aS others being introduced) for the public hearing, as well as a:Ticr:i0 reporting any actions of the Planning &, Zoning Commission, • Belief it was not fair to say an un- tagged vehicle was a junk vehicle and did not believe the ordinance needed the Planning & Zoning Commission's review. • The ordinance was initially brought forward by Planning & Zoning Commission and did not believe the Commission should be Ieft out of the process. VOTE: Marquis Yes No Molloy 1 Yes Moore 1 Yes ' Boyle Gabriel Yes Absent I Porter Bookey 1 1 MOTION PASSED. G -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 -55- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 10 Influence the Outcome of An Election Concerning a Ballot Proposition or Question initiated or Referred to the Voters Under City Charter. Ordinance No. 2561 -2011 was removed from the consent agenda at the beginning of the meeting. MOTION: Council Member Boyle MOVED for introduction of Ordinance No. 2561 -2011 and Council Member Molloy SECONDED the motion. Discussion included; • The ordinance was brought forward to prohibit the use of City funds to oppose citizen's initiatives. • Confirmed the ordinance contained a specific exception to allow the City to assert a position on a statewide ballot. • Concern the Council should prohibit taking a position on a local or State issue. • Explanation the ordinance only referred to City issues and citizen referendums; referendums are brought by people who elect the Council; and, the ordinance would limit the Council to be able to use public funds to oppose an issue that comes forward by taxpayers of the City. VOTE: Mar uis Yes Molloy Yes Boyle 1 Yes Porter No Moore Yes Gabriel 1 Absent Bookey ; Yes 1 MOTION PASSED. G -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 Offi.ce 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. Ordinance No. 2562 -2011 was removed from the consent agenda at the beginning of the meeting. MOTION: Council Member Boyle MOVED to introduce Ordinance No. 2562 -2011 and Council Member Marquis SECONDED the motion. -56- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 11 Discussion included: • Desire to include a substitute ordinance in the next packet to broaden the ordinance by deleting the requirement for petition and requiring only the candidacy statement, as well as include an electronic process for filing for candidacy. • It was noted, the Charter required the filing of a petition and to amend the Charter, a vote of the citizens was required. • Ordinance No. 2562 -2011, if passed, would allow someone other than the candidate to submit a petition and declaration of candidacy for another, and would not require a City- produced form to be filed with the City Clerk. • Desire to submit an ordinance to place a question on the fall ballot to amend the Charter by removing the requirement to submit petitions with candidacy filings. VOTE: [-Marquis Yes Molloy j Moore Yes Yes j Boyle Gabriel Yes j Absent Porter ; Yes Bookey I Yes j MOTION PASSED UNANIMOUSLY. G -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. Introduced by approval of the Consent Agenda. G -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. Ordinance No. 2564 -2011 was removed from the Consent Agenda at the beginning of the meeting. MOTION TO INTRODUCE: Council Member Boyle MOVED to introduce Ordinance No, 2564 -2011 and Council Member Molloy SECONDED the motion. Discussion included: -57- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 12 Explanation the intent of the ordinance was to require the City to provide notification to residents of the City when information was being collected, i.e. code violations, etc., but not including police investigations. • Agreement with the intent and protection proposed to provide, but needed to consider unintended consequences. • Reference was made to subsections (c) and (d). • Concern the administrative process would be very difficult and suggestion feedback be provided from the departments which could be affected by passage of the ordinance. VOTE: Marquis Yes 1 Molloy Yes Boyle 1 Yes Porter No 1 Moore Yes Gabriel ; Absent Bookey Yes ( j MOTION PASSED. BREAK TAKEN: 8:10 P.M., Council Member Moore departed the meeting. BACK TO ORDER: 8:17 P.M. G -8. Action /Approval -- Commissioner Appointments /Library and Parks & Recreation Commissions Mayor Porter referred to applications included in the packet and nominated Katie Evans for appointment to the Library Commission and Jordanne Wilson to the Parks & Recreation Commission, MOTION: Council Member Molloy MOVED to confirm the nomination of Katie Evans to the Library Commission. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. MOTION: Council Member Molloy MOVED to confirm the nomination of Jordanne Wilson to the Parks & Recreation Commission. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: -58- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 13 There were no objections. SO ORDERED. G -9. Discussion -- City Clerk Recruitment Item G -9 was heard immediately after Item D -2. Council Member Marquis noted the resignation received from City Clerk Carol Freas effective June 30, 2011. In order to move the recruitment of filling the position, the following actions were taken: MOTION: Council Member Marquis MOVED to meet with Linda Murphy, who has a business dealing with Clerk issues, hiring and recruiting and that Council get the process started that way by consulting with Ms. Murphy. Council Member Bookey SECONDED the motion. Council comments included: • Support to contract with a professional with experience and knowledge of the position and belief the City would be well served in contracting with. Murphy. Support, to hold a work session to meet with Murphy. VOTE: Marquis f Yes Porter 1 Yes Molloy Moore Yes Yes Boyle Yes I Bookey Yes Gabriel Absent f MOTION PASSED UNANIMOUSLY. Discussion followed with regard to forming a subcommittee to allow some early discussion with Ivlurphy and interest she may have in assisting the Council in the recruitment, as well as submittal of a contract proposal. MOTION: Council Member Molloy MOVED for the Council to establish a subcommittee of three, including Council Member Marquis, Council Member Bookey and Mayor Porter. Council Member Marquis SECONDED the motion. It was noted, discussions with Murphy would include scope of contract, length of contract, assistance in hiring, etc. VOTE: Marquis j Yes 1 Molloy ) Yes i Boyle 1 Yes -59- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 14 Porter Bookey Yes Yes Dore Yes Gabriel Absent] MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Vice Mayor Boyle reported the next meeting was scheduled for June 9, 2011. MOTION: Vice Mayor Boyle MOVED to allocate $2,100 from the Legislative budget to be used for the Senior Center's 40th anniversary celebration, Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. It was noted, the funds were to be taken from the current fiscal year budget. H -2. Airport Commission -- Council Member Marquis reported the next meeting was schooled for June 9 and reminded all of the Air Faire scheduled for June 4. H -3. Harbor Commission -- Council Member Molloy reported he would attend the June 6, 2011 meeting for Council Member Gabriel. Library Commission -- Council Member Marquis reported the next meeting was scheduled to he held on June 7 and Mayor Porter would attend for him 11-5. Parks & Recreation Commission -- Parks & Recreation Director Frates reported the next regular meeting would be held in August. H -6. Planning & Zoning Commission -- Council Member Molloy reviewed the minutes of the May 25 meeting were included in the packet and reported the next meeting was scheduled for June 8, with a work session beginning at 6:00 p.m. H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee -- No meeting. H -7b. Alaska Municipal League Report -- No report. H -7c. Mini -Grant Steering Committee -- No report. -60- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 15 H -7d. Kenai Convention & Visitors Bureau -- Council Member Bookey reported the next meeting would be held the last week in. June. H -7e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR -- Mayor Porter noted events she had attended, including the Torch Run, Little League opening, Alternative School and Kenai High School graduations, and met with the directors of the Visitors Center and Kenai Chamber of Commerce. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch reported the grand opening of the Library expansion was scheduled for July 9, 2011. Information related to flooding at the project pad at Boat Launch Road was provided by Koch and Project Manager /Acting Public Works Director Lyons. J -2. Attorney -- Attorney Stearns congratulated City Clerk Freas on her retirement and wished the All- America City group good luck. J -3. City Clerk -- City Clerk Freas reported June 1, 2011 . was her 21st anniversary as the City of Kenai City Clerk. A work session was scheduled for Thursday, June 9, 2011, beginning at 6:00 p.m. to review Murphy's proposal and work out details in order for a contract, etc. be brought forward at the June 15, 2011 Council Meeting for consideration, ITEM K: None. K -2. ADDITIONAL PUBLIC COMMENT Citizen Comments Public comment 16nited to 5 minutes per speaker) Council Member Comments Bookey -- • Congratulated Freas and wished her best of luck, adding he did not know the City without Freas being present. • Reminded all of the Kenai River Festival on June 11 and 12, 2011. Marquis -- Congratulated Freas on her retirement. Molloy -- • Thanked Freas for her outstanding service to the City, i.e. 21 years as City Clerk and 26 years as a City employee, and for her assistance to him, especially as a newly elected official, • Wished the All- America City team success in their endeavors, and regardless of the outcome, they had made an incredible effort. -61- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 16 Boyle -- Wished the All- America City team good luck. 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. MOTION: Council Member Marquis MOVED for the Council of the City of Kenai to convene in an 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. City Attorney Stearns and City Manager Koch were requested to attend. Council Member Bookey SECONDED the motion. VOTE: TMarquis Yes Molloy Bo le Yes Porter Yes Moore Absent Gabriel Absent Bookey Yes MOTION PASSED UNANIMOUSLY. CONVENED TO EXECUTIVE SESSION: 8:44 P.M. BACK TO ORDER: 9:25 P.M. Council Member Marquis reported. the Council met in an executive session with City Attorney Stearns and City Manager Koch and directed the City Attorney on potential pending litigation. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2546 -2011 -- Amending KWIC 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 High.way Within the RR -1 Zone. (Clerk's Note: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) -62- KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 17 ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:26 p.m. Minutes submitted by: Carol L. Freas, City Clerk -63- NEW BUSINESS e 6) PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JUNE 16, 2011 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS MAY PERS VARIOUS LIABILITY 167,187.82 !WA 401 PLAN ICMA401 PLAN VARIOUS LIABILITY 18,05573 IGMA 457 PLAN ICMA457PLAN VARIOUS LIABILITY 25,423.71 AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 75,417.14 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect InL PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVA COUNCIL MEETING OF; JUNE 15, 2011 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT I INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION RAINBOW BUILDERS C/O #1 CORNERSTONE EQUIPMENT C/O #1 CORNERSTONE EQUIPMENT C/O #1 P.O. # - DEPT. 95443 - BUILDINGS 95003 - PERSONAL USE FISHERY 95003 - MUNICIPAL PARK IMPS REASON AMOUNT TOTAL PO AMT ADDL. COST FOR UNDERLAYMENT 2,979.00 25,679.00 ADDL. COSTS FOR CONTT. 5,105.36 67,605.36 ADDL. COSTS FOR CONTT_ 4,313.45 37,813.45 FISurL YEAR 2012 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: JUNE 15, 2010 i CA VENDOR BRENNTAG BRENNTAG MIKUNDA, COTTRELL « CO. INTEGRITY JANITORIAL GUARDIAN SECURITY ALASKA OIL SALES KENAI CONVENTION & VISITORS BUREAU v BOYS & GIRLS CLUB THE HORTON GROUP DESCRIPTION FY'12 CHEMICALS FY12 CHEMICALS FY'12 AUDIT SERVICES FY'12 JANITORIAL SERVICES FY12 SECURITY SERVICES FY12 DIESEL #1 DELIVERED FY12 MANAGEMENT FEE DEPT. WWTP WATER LEGISLATIVE TERMINAL TERMINAL AIRPORT VISITORS CENTER FY12 RECREATION CENTER SERVICES REC. CENTER EMPLOYEE WELLNESS PROGRAM VARIOUS ACCOUNT OPERATING SUPPLIES OPERATING SUPPLIES PROF. SERVICES AMOUNT 45,000.00 20,000.00 40,150.00 REPAIR & MAINTENANCE 67,900.00 REPAIR & MAINTENANCE 56,000.00 OPERATING SUPPLIES PROF, SERVICES PROF. SERVICES HEALTH 35,000.00 125,000.00 130,000.00 20,060.00 MEMO Greater K.en.a.+: f enL+t4 cla7 305 N. WILLOW ST, SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907. 283-7951 FAX 907- 283 -3737 To: Rick R. Koch — City Manager Krista Stearns — City Attorney Terry Eubank — Finance Director From: Mary Bondurant — Airport Manag Date: June 7, 2011 Subject: Janitorial Contract — Extension Thomas White, d /b /a Integrity Janitorial LLC, is requesting a one -year extension to his janitorial Agreement for Services under the same terms and conditions. The initial agreement term was for three years, July 1, 2007 to June 30, 2010 with an option to extend for two successive one -year terms by mutual written consent of the City and the Contractor, This is the second option and final option of the agreement. I have attached the request and a Second Amendment to Agreement for Services for review and approval. If you have any questions, please contact me at 283 -7951. Attachments -68- Integrity Janitorial LLC PO Box 3283 Kenai Alaska 99611 Phone and fax 907 -260 -4949 Partners, Thomas White, president Nancy White, Secretary Brian Roberts, supervisor June 6, 2011 City of Kenai Municipal Airport REQUEST FOR EXTENSION OF CONTRACT Integrity Janitorial LLC has had the privilege of providing janitorial services to the Kenai Municipal Airport since July 1, 2007 Integrity Janitorial LLC would like to take the one year extension for the janitorial contract on the Kenai Municipal Airport contract beginning July 1, 2011 thru June 30, 2012. This extension would be at the current rate of pay which is $5575:00 a month. Thank you for the opportunity to apply for the 1 year extension. Thomas White, President Integrity LLC -69- SECOND AMENDMENT TO AGREEMENT FOR SERVICES The Agreement for Services made the '1st day of July 2007, by and between the CITY OF KENAI, hereinafter called "Owner ", 210 Fidaigo Avenue, Kenai, AK 99611- 7794, and Thomas Len White, d /b /a Integrity janitorial LLC, P.O. Box 3283, Kenai, AK 99611 hereinafter called "Contractor," is hereby amended as follows: 1). The term of the contract for services for the Kenai Airport Terminal building is extended for one year, beginning on July 1, 2011 and ending on June 30, 2012. DA TED this day of June 2011. CITY OF KENAI. Bv: Rick R. Koch City Manager INTEGR'TY .JANITORIAL, LLC By: Thomas Len White, Owner (If Lessee is a corporate -style entity) ATTEST: Name Title FIRST AMENDMENT TO AGREEMENT FOR SERVICES PAGE 1 OF 2 -70- /cams STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of,' une, 2011 by Rick R R. Koch, City Manager for the City of Kenai. STATE OF ALASKA )ss THIRD IRD IUDICIAL, DISTRICT Notary Public for Alaska My Commission Expires: The foregoing instrument was acknowledged before me this day of June, 2011 by Thomas Len White, Owner, Integrity Janitorial. LLC, an Alaska corporation, on behalf of the. corporation. Notary Public for Alaska My Commission Expires: Approved as for fonn: Krista S. Stearns, City Attorney Approved by Finance Terry Eubank, Finance Director FIRST AMENDMENT TO AGREEMENT FOR SERFICES PAGE 2 OF 2 -71- tkeci'e KEN � ALASKA "Village with a Past, y with a Future" Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907 - 283 -7879 / FAX: 907 -283 -2267 MEMO: tk / TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief AS DATE: 6/3/11 SUBJECT: Request annual contract through the Horton Group for annual wellness program The FY12 budget was approved at the June 1, 201 1 City Council meeting. The approved budget included funding of approximately S20,060 for the City to contract services for a wellness program. The City of Kenai Wellness Committee, comprised of employees from several City departments, attended weekly meetings between January and May to determine what programs, incentives, standards, education or opportunities it could recommend to create a healthier work force. Members researched several wellness programs, including organized group activities, fitness challenges, a wellness fair, expert consultations, gyro discounts, better ways of communicating health information as well as marketed wellness programs. The committee found that the benefits and costs of the various marketed wellness programs available varied and collectively determined that the Virgin Health Miles program (offered through Horton Benefit Solutions) was the program that would benefit the greatest number of City of Kenai employees. I am requesting your permission for the City of Kenai to contract through Horton Benefit Solutions for the Virgin Health Miles employee wellness program at a cost of approximately $20,060 for fiscal year 2012. With your approval we will provide payment in July, 2011. Horton Benefit Solutions will then facilitate a custom "roll out" period which will lead to a September 1, 2011 "launch date" for the program eke. z:ay KE Al, ALASKA Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2555 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE 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 KMC 14.20.185, TO CLARIFY THAT APPEALS ARE SUBJECT TO THE PROCESS IN KMC 14.20.290. WHEREAS, a comprehensive schedule of fees was initially approved by resolution of the Kenai. City Council at Resolution 2011 -20; and, WHEREAS, additional changes are needed in Title 14 to clarify how rates, charges and fees must be paid in conjunction with applications for certain permits such as encroachment permits and variances; and, WHEREAS, changes are also desirable to harmonize the appeals process by making drafting corrections not undertaken when the appeal processes of KMC 14,20.290 were established; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ11- 16, recommends that the Council amend the Kenai Municipal Code as set forth herein; and., WHEREAS, it is in the best interests of the City to make additional changes to Title 14 of the Kenai Municipal Code to further its efforts to include all City rates, charges, and fees in a comprehensive fee schedule and to make technical changes and corrections. 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 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for [VARIANCES AND CONDITIONAL USE] permits, the person presenting the application shall pay to the City a fee in an amount as set forth in the City's schedule of fees adopted by the City Council, Whether an application is granted or New Teat Underlined: [DELETED TEXT BTYACKETEDj -73- Ordinance No. 2565 -2011 Page 2 of 22 denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. Section 3. Amendment of Section 14.20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional use permits, is hereby amended as follows: 14.20.150 Conditional use permits. (a) Intent: It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may he granted, the procedures specified in this chapter must be followed. (b) Applications: Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and, (6) The appropriate fee as set forth in the City's schedule of fees adopted by the Citv Council. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 [OF THIS TITLE]. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; New Text Underlined' (DELETED TEXT BRACKETED] -74- Ordinance No. 2565 -2011 Page 3 of 22 (5) The proposed use will not be harmful to the public safety, health or welfare; and (6) Any and all specific conditions deemed necessary by the (cicommission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are 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, (e) Issuance of the Permit: Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the fifteen (15) [ -] day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account, If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. (1) (g) Yearly Reports: The permit holder shall submit a yearly report between October 1st and December 3 lst to the administrative official. Such report shall include a summary of the on -site activity. Revocation for Noncompliance /Compliance Notices: If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the ter uls and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the pe, ulit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) Modification of Final Approval: (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; New Text Underlined DELETED TEXT BRACKETED -75- Ordinance No. 2565 -2011 Page 4 of 22 (i) (b) To implement a different development plan conforming to the standards for its approval. (2) The modification application shall be subject to a public hearing and the appropriate [A FILING] fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. Expiration—Extensions—Transferability: (1) An approved conditional use pei.uiit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. (2) The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. (3) A conditional use peiiuit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (4) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. Section 4. Amendment of Section 14.20.151 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.151, Application for conditional use permit for surface extraction of natural resources, is hereby amended as follows: 14.20.151 Application for conditional use permit for surface extraction of natural resources. An application for a conditional use permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the administrative official, along with the appropriate [REQUISITE] fee[S] as set forth in the City's schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and information: (a) A site plan, drawn to scale, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten foot (10') contour intervals; New Text Underlined; [DELETED TEXT BRACKETED' -76- Ordinance No. 2565 -2011 Page 5 of 22 (3) Proposed finished topographical contours (when extraction is completed) with not less than ten foot (10') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas, and so forth; (7) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year -round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans, if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regarding and shaping the land for future use; (10) Method of backfilling and /or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other info nation. which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 5. Amendment of Section 14.20.185 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.185, Encroachment permits, is hereby amended as follows: New Text Underlined [DELETED TEXT BRACKETED] _77_ Ordinance No. 2565 -2011 Page 6 of 22 14.20.185 Encroachment permits. (a) Definitions. "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. (b) Intent. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be filed in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. A nonrefundable fee [OF ONE HUNDRED DOLLARS (S100.00)] as set forth in the City's schedule of fees adopted by the City Council shall be paid to the City of Kenai at the time the permit application is filed. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing buildings, rights -of -way or easements, setbacks, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions set forth in subsections (d)(1) through (d)(4) of this section have been found to exist before issuing an encroachment permit, (1) An encroachment as defined in KMC 14.20.185(a) exists. (2) The encroachment does not encroach upon a Federal, State or City right - of -way or utility easement. (3 The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. (e) Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. (f) Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty (20) days to remove the encroachment. New Text Underlined- DELETED TEXT .13'RACI{ETEDI -78- Ordinance No. 2565 -2011 Page 7 of 22 (g) Expiration of Permit, Permits shall expire automatically upon teiinination or interruption of the use; damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. )(h) RIGHT TO APPEAL. ANY REVOCATION, SUSPENSION, OR DENIAL OF AN ENCROACHMENT PERMIT BY THE PLANNING COMMISSION MAY BE APPEALED TO THE CITY COUNCIL BY FILING A WRITTEN NOTICE OF APPEAL WITH THE CLERK AND STATING THE GROUNDS FOR SUCH APPEAL. THE APPEAL NOTICE SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE REVOCATION, SUSPENSION, OR DENIAL OF THE REQUEST FOR THE ENCROACHMENT PERMIT. ALL NOTICES OF APPEAL MUST COMPLY WITH SECTION 14.20.290.1 Administrative Exemption. The Administrative Official may grant an encroachment permit without a public hearing if the total encroachment, inclusive of all front, rear and side setbacks, does not exceed twelve inches (12 "); and provided that: (1) The allowed encroachment on any one (1) front, rear or side setback may not exceed ten percent (10 %) of the setback as contained in the Development Requirements Table, or twelve inches (12 "), whichever is less; and (2) The Administrative Official finds that the review criteria in KMC 14.20.185(d) are met. Section 6. Amendment of Section 14.20.220 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.220, Signs, is hereby amended as follows: 14.20.220 Signs. (a) General Requirements. (1) A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c) of this section. Construction and erection of signs shall be in accordance with this chapter, with Appendix H of the International Building Code and with the National Electrical Code, except that temporary signs need not be constructed according to Appendix H of the International Building Code. (2) When a building permit is obtained for the construction of a, building, signs for that building that conform to this Code shall be considered as part of the valuation of that building. The fee for signs not covered by a building permit shall be JSET AS PROVIDED BY KMC 7.15.100] set forth in the City's schedule of fees adopted by the City Council. (3) A permit for a commercial advertising sign shall be issued only if the sign will be located on the premises advertised, or on the common property New Text Underlined; [DELETED TEXT BRACKETED] -79- Ordinance No. 2565 -2011 Page 8 of 22 available for such purposes to all commercial occupants of a multiple commercial development such as malls. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e). (5) If any of the provisions of this Code hereby adopted conflict with Appendix H of the International Building Code adopted by reference, the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of all signs and shall classify all signs. (8) Existing signs for which no permit was obtained. When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or signs are nonconforming, the owner shall make the sign or signs con+forriMg within ten (10) days from the date of such notice or remove the sign. (9) Relief from the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (10) A permit issued under the provisions of this section shall become null and void if the sign erection or other work authorized by such permit is not commenced within ninety (90) days of the date of issuance, or if the sign display or work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the display or work is commenced. (11) The City of Kenai or any other governmental agency may erect on- premises public informational signs as otherwise allowed in this section. Signs not otherwise in compliance with this section may be allowed by variance under KMC 14.20.180. For purposes of this section, legal notices, or signs directing or regulating pedestrian or vehicular traffic or public safety signs are not considered public informational signs. (b) Residential Zones. For the purposes of this section, the following shall be considered residential zones: RR, RS, RR -1, RS -1, RS -2, R and TSH. Signs are allowed in the residential zones as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet, containing noncommercial messages or used to advertise the sale or lease of the property on which it is located. (C) Traditional holiday decorations. (D) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name and street number. New Text Underlined; DELETED TEXT BRACKETED) -80- Ordinance No. 2565 -2011 Page 9 of 22 (E) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (F) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property sale," "open house" or "lemonade" may be displayed for one week. Such signs must display the name, address and telephone of an adult person conducting /supervising such sale and must be dated. (G) Signs erected on a lot or lots screened or fenced so that no part is visible from a public right -of -way or another lot. (H) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be no more than thirty -two (32) square feet in size and no more than one such sign shall be permitted for each architect or engineering firm, contractor, builder, owner, or denoting the name, use, and occupants -to -be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the project is completed. (I) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (J) Events Signs. Unlighted signs of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. (IC) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) Signs Identifying a Home Occupation. One (I) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is peiknitted.. New Text Underlined; [DELETED TEXT BRACKETED] -81- Ordinance No. 2565 -2011 Page 10 of 22 (B) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (C) Signs for Other Allowed and Conditional Uses. One (1) sign per use not to exceed thirty -two (32) square feet in area for multifamily dwellings, clubs, professional offices, churches, and other similar uses. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (D) Signs for Nonconforming Uses. A nonconforming use in a residential zone may have one (1) sign per property, unlighted, and no larger than thirty -two (32) square feet in area. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (E) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (8) Beacon signs. (C) Unauthorized signs in the right -of -way or on city property. Such . signs may be removed and disposed of without notice. (D) Signs that are higher than thirty -two feet (32') above the adjacent ground or pavement level. (E) Signs containing profane or indecent words or illustrations. (F) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (G) Signs placed on trailers or vehicles, which as parked or located are designed to primarily ITOI display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (H) Flashing or inteinnttent illumination are not permitted. (I) Balloons or other inflatable or gas - filled figures or signs. (J) Signs not mentioned in the code are prohibited. (K) No sign shall he erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. New Text. Underlined. [DELETED TEXT BRACKETED -82- Ordinance No. 2565 -2011 Page 11 of 22 (L) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection . of street right -of -way lines. (M) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (N) Portable signs. (0) Fence signs. (c) Commercial, Industrial Zones and Education Zones. For purposes of this section, the following districts shall be considered commercial districts: CC, CG, IL, IH and ED. Signs are allowed in these districts as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than Eve (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet, No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting /supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. New Text Underlined' [DELETED TEXT BRACKETED} -83- Ordinance No. 2565 -2011 Page 12 of 22 (J) A flag or insignia of any nation, organization. of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty-two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the Section that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per premises of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) One (1) roof sign of not more than sixty -four (64) square feet. Where there is more than one (1) business on a premises, a combined roof sign of not more than one hundred twenty -eight (128) square feet. (C) Rotating signs are allowed, but may not exceed the square footage set forth above: (D) Real estate signs larger than thirty -two (32) square feet advertising the sale or lease of the property on which the sign is located. (E) Fence signs of not more than sixty -four (64) square feet. Where there is more than one (1) business on the premises, fence signs may not exceed one hundred twenty-eight (128) square feet. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. New Text Underlined• [DELETED TEXT BRACKETED) -84- Ordinance No. 2565 -2011 Page 13 of 22 (C) Unauthorized sign in the right -of -way or on City property. Such signs may be removed and disposed of without notice. (D) Portable changeable letter electric or nonelectric signs. (E) Signs, other than roof signs, which are higher than thirty -two feet (32') above the adjacent ground or pavement level. No roof sign shall be higher than eight feet (8') above the roof on which it is placed. (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals or reception,. (H) Signs placed on trailers or vehicles, which as parked or located are designed primarily to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles, operated in the normal course of business. (1) Flashing or intermittent illumination signs are not permitted except time and temperature, automatic changing message signs and traditional holiday decorations. (J) Balloons or other inflatable or gas -filled figures or signs. (K) Signs not mentioned in this code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off - premises commercial advertising signs, including billboards, except as allowed under subsection (c)(i)(G) of this section, or at an outdoor sporting event, sports facility or sports field. (d) Limited Commercial Zone. Signs are allowed as follows: (I) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations, (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty, (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. New Text Underlined [DELETED TEXT BRACKETED -85- Ordinance No. 2565 -2011 Page 14 of 22 (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or `lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided, that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may New Text Underlined' [DELETED TEXT BRACKETED] -86- Ordinance No. 2565 -2011 Page 15 of 22 remove them and the candidate, organization, or person who caused the sign to be placed may be charged for the removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than thirty - two (32) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision, Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (3) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than ten feet (10') above the adjacent ground or pavement level. (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO] display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (I) Flashing or intermittent illumination are not permitted. (3) Balloons or other inflatable or gas - filled figures or signs, (K) Signs not mentioned in the code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. New Text Underlined. (DELETED TEXT BRACKETED _87_ Ordinance No. 2565 -2011 Page 16 of 22 (e) (f) (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off - premises commercial advertising signs, including billboards, except as allowed in subsection. (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (0) Portable signs. Signs Allowed in the Conservation Zone. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. Central Mixed Use Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and must be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty-two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed New Text Underlined; [DELETED TEXT BRACKETED] -88- Ordinance No. 2565 -2011 Page 17 of 22 that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations; state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other, signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. Allowed Signs Requiring a Pei alit. (A) One (1) freestanding or marquee per lot of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises, a combined freestanding or marquee sign of not more than two hundred (200) square feet. (8) Signs Identifying a Horne Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. New Text Underlined; [DELETED TEXT BRACKETED] -89- Ordinance No. 2565 -2011 Page 18 of 22 (g) Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Fence signs. (D) Roof signs, (E) Rotating signs. (F) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (0) Signs that are higher than twenty feet (20') above the adjacent ground or pavement level. (H) Signs containing profane or indecent words or illustrations. (1) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (J) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TOl to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (K) Flashing or intermittent illumination are not permitted. (14 Balloons or other inflatable or gas - filled figures or signs. (M) Signs not mentioned in the code are prohibited. (N) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (0) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (P) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (ij(i)(G) of this section, or at an outdoor sporting event, sports facility, or sports field. (Q) Portable signs. Nonconforming Signs. (1) After the enactment of this section, signs located within the City of Kenai on the effective date of this section that do not conform to the requirements of this code shall he classified as legal "nonconforming" signs if the sign was in compliance with applicable law on the date of adoption of this code. (2) A legal nonconforming sign shall immediately lose its legal nonconforming designation if: (A) The sign is altered in any way in structure which tends to increase its nonconformity with the requirements of this code; New Text Underlined [DELETED TEXT BRACKETED -90- Ordinance No. 2565 -2011 Page 19 of 22 (B) The sign structure is relocated; (C) The sign (except for copy on a changeable copy sign) is replaced. Upon the occurrence of subsection (g)(2)(A), (g)(2)(B) or (g)(2)(C) of this section, the sign shall be immediately brought into compliance with this code with a new permit secured or it shall be removed. (h) Specific Definitions Pertaining to Signs. (1) "Applicant" means any for - profit or nonprofit enterprise, or organization, or any individual not acting on behalf of such an enterprise or organization. (2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or singing. (3) "Banner" means a sign construction of flexible material, such as cloth, which moves upon being subjected to pressure by the wind. (4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any direction or directions or capable of being revolved, (5) "Combination sign" means a sign incorporating any combination of the features of pole, projecting, and roof signs, (6) "Curb line" means the line at the face of the curb nearest to the street or roadway, In the absence of a curb, the curb line shall be established by the City Engineer. (7) "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message. (8) "Electric sign" means any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (9) "Fence sign" means a sign other than a real estate or home occupation sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly by a building. (1 1) "Ground sign" means a sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by his code. (12) "Legal setback line" means a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. (13) "Marquee" means a permanent weatherproof structure attached to, supported by a building, and projecting from the wall of the building. (14) "Pole sign" means a sign wholly supported by a sign structure in the ground. (15) "Political sign" means a sign promoting a candidate for political office, or promoting any position on a ballot proposition. (16) "Portable display surface" means a. display surface temporarily fixed to a standardized advertising structure that is regularly moved from structure to structure at periodic intervals. New Text Underlined' !DELETED TEXT HRACRETEDI -91- Ordinance No. 2565 -2011 Page 20 of 22 (17) "Portable sign" means a sign other than a temporary sign that is not attached to any building or structure It may readily be moved from one (1) location to another. It is designed to rest on the ground when displayed and may be with or without its own wheels. It may or may not be lighted. (18) "Projecting sign" means a sign other than a wall sign, which projects from and is supported by a wall of a building or structure. (19) "Real estate sign" means a sign advertising the sale, lease or rent of one (1) or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska. (20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or structure. (21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention, (22) "Sign structure" means a structure that supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. (23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, designed to be displayed for a limited period of time only. (24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. Section 7. Amendment of Section 14.20.270 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.270, Amendment procedures, is hereby amended as follows: 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) Initi.ation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (B) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; New Text Underlined• [DELETED TEXT BRACKETED' -92- Ordinance No. 2565 -2011 Page 21 of 22 (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend, the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non - refundable [DEPOSIT /ADVERTISING) fee as set forth in the City's schedule of fees adopted by the City Council, and any other pertinent information requested by the City. (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council iii accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. Section 8. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remain.der of this ordinance even without such part, provision, or application. Section 9. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. New Text Underlined; DELETED TEXT BRACKETEDI -93- Ordinance No, 2565 -201. 1 Page 22 of 22 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: June 15, 2011 Adopted: July 6, 2011 Effective: August 6, 2011 New Text Underlined; [DELETED TEXT BRACKETED] -94- "Tillage with a Past, CL with aFaturell 210 Fidelgo Avenue, Kenai, Alaska 996117794 t Telephone: 907- 283 -75351 FAX: 907 - 283 -3014 MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschuli, Planning Administration "$ DATE: June 6, 2011 SUBJECT: Ordinance No. 2565 -2011 — Amending Title 14 1111E? 1992 On February 2, 2011, Ordinance No 2528 -2011 was adopted by Council. This ordinance was a broad amendment to several chapters of the City code wherein fees were referenced. The ordinance removed specific dollar amounts and instead references fees as set forth in a City Fee Schedule. This ordinance included sections of Chapter 14, Planning and Zoning. However, after reviewing the amendment, it was discovered there were several references to fees that were not included in Ordinance No. 2528 -2011. This has resulted in an inconsistency in the amount of fees being charged for permits. For example under the new fee schedule, a Variance or Rezone permit costs $125 while an Encroachment continues at $100. Ordinance No 2565 -2011 will remove the inconsistency and place all fees in the comprehensive fee schedule. If Council adopts the ordinance, a resolution to update the Fee Schedule will be forthcoming. Included in the proposed amendment are technical changes and corrections identified while preparing the ordinance including incorrect capitalization and missing or extra words, The amendment also deletes the appeal section in 14.20.185 — Encroachment Permits. Removing this section provides consistency with other sections of Title 14 which provides for appeals under KMC 14.20.290. Removing the section also eliminates an error to the number of days to appeal a decision. This section was amended in 2000 from 30 to 15 days. The Planning & Zoning Commission held a public hearing on May 25th and unanimously recommended Council amend Title 14 as identified in Ordinance No. 2565 -2011. -95- CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 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 KMC 14.20.185, TO CLARIFY THAT APPEALS ARE SUBJECT TO THE PROCESS IN KMC 14.20.290. WHEREAS, a comprehensive schedule of fees was initially approved by resolution of the Kenai City Council at Resolution 2011 -20; and, WHEREAS, additional changes are needed in Title 14 to clarify how rates, charges and fees must be paid in conjunction. with applications for certain penults such as encroachment permits and variances; and, WHEREAS, changes are also desirable to harmonize the appeals process by making drafting corrections not undertaken when the appeal processes of KMC 14.20.290 were established; and, WHEREAS, it is in the best interests of the City to make additional changes to Title 14 of the Kenai Municipal Code to further its efforts to include all City rates, charges, and fees in a comprehensive fee schedule and to make technical changes and corrections. NOW, THEREFORE, BE IT RESOLVED THAT THE THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPPAL CODE Ti LLE 14, PLANNING AND ZONING as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.05.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.05.020, Fees, is hereby amended as follows: 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for amendment to the Kenai Zoning Code or Official Map and with the consideration of applications for [VARIANCES AND CONDITIONAL USE[ permits, the person presenting the application shall pay to the City a fee in an amount as set forth in the City's New ;DELETED TEXT BRACKET D1 -96- Resolution PZ11 -16 - Page 1 schedule of fees adopted by the City Council. Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the return of the fee paid. Section 3. Amendment of Section 14.20.150 of the Kenai .Municipal Code: The Kenai Municipal Code, Section 14.20,150, Conditional Use Permits, is hereby amended as follows: 14.20.150 Conditional use permits. (a) Intent: It is recognized that there are some uses that may be compatible with designated principal. uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Applications: Applications for a conditional u.se pei omit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant; (2) Verifica.tion by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and (6) The appropriate fee as set forth in the Citv's schedule of fees adopted by the City Council. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 of this title. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in hat crony with the Comprehensive Plaza; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safety, health or welfare; (6) Any and all specific conditions deemed necessary by the (c]Commission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are 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. (e) Issuance of the Permit: Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the New Teat Underlined [DELETED TEXT 13RACKHrB1131 Resolution PZ11. -16 . Page 2 -97- fifteen (15) I -]day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax,. property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the payment plan. and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. (0 Yearly Reports: The perrnit holder shall submit a yearly report between October 1st. and December 31st to the administrative official. Such report shall include a summary of the on -site activity. (g) Revocation for Noncompliance /Compliance Notices: If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the ter iris and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the penult holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance %with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) Modification of Final Approval: (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval: (b) To implement f' 1 forrni g to 4' standards , tul To aua�+iciuciar a different development plan CU_1- ..- . -:Slt, the SL ?.n.�arQS for its approval. (2) The modification application shall be subject to a public bearing and the. appropriate IA FILINGI fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. (1) Expiration— Extensions — Transferability: (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. (2) The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time New Text Underline - [DELETED TEXT BRACKLTED] Resolution PZ11 -16 - Page 3 -98- 0) (3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (4) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, hut if there is a change in use on the property, a. new permit must be obtained. A proposed conditional use permit shall not be considered if a substantially similar conditional use Dei uit has been considered and denied within the nine (9) months immediately preceding. Section 4. Amendment of Section 14.20.151 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.151, Application for conditional use peiurit for surface extraction of natural resources, is hereby amended as follows: 14.20.151 Application for conditional use permit for surface extraction of natural resources. An application for a conditional. u.se permit to engage in the surface extraction of natural resources shall he in writing on a form supplied by the City of Kenai and shall be filed with the administrative official along with the appropriate (REQUISITE] fee[S) as set forth in the City's schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and infoi oration: (a.) A site plan, drawn to scale, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical. contours with not less than ten foot (10') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten foot (10') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; (6) indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh. areas, and so forth; (7) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year -round water table throughout the entire acreage. Pi.ezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; New Text Underlined f DELETED TEXT IIRACKETEDI Resolution PZI 1-16 - Page 4 -99- (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; (7) Plans, if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regarding and shaping the land for future use; (10) Method of backfilling and /or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 5. Amendment of Section 14.20.185 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.185, Encroachment permits, is hereby amended as follows: 14.20.185 Encroachment permits. (a) Definitions. "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. (b) Intent An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 1.4.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be filed in writ ng with the City Planning Department and signed by the owner of the property concerned or representative of the owner. A nonrefundable fee [OF ONE HUNDRED DOLLARS ($100.00)) as set forth in the City's schedule of fees adopted by the City Council, shat he paid to the City of Kenai at the Council, the tiil,c. to permit application is filed. (1) The application shall contain the following: (A) A legal description of the property involved; (B) Plans showing the location of all existing buildings, rights -of --way or easements, setbacks, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions set forth in subsections (d)(1) through (d)(4) of this section have been found to exist before issuing an encroachment permit. (1) An encroachment as defined in KMC 14.20.185(a) exists (2) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. New Text Underlined;; [DELETED TEX r BRACKETED] Resolution PZI i -16 - Page 5 -100- (e) (f) (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty (20) days to remove the encroachment. (g) Expiration of Permit. Permits shall expire automatically upon termination or interruption of the use; damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. [(h.) RIGHT TO APPEAL. ANY REVOCATION, SUSPENSION, OR DENIAL OF' AN ENCROACHMENT PERMIT BY THE PLANNING COMMISSION MAY BE APPEALED TO THE CITY COUNCIL BY FILING A WRITTEN NOTICE OF APPEAL WITH THE CLERK AND STATING THE GROUNDS FOR SUCH APPEAL. THE APPEAL NOTICE SHALL BE FILED WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE REVOCATION, SUSPENSION, OR DENIAL OF THE REQUEST FOR THE ENCROACHMENT PERMIT. ALL NOTICES OF APPEAL MUST COMPLY WITH SECTION 14.20.290.1 (h( [(I); Administrative Exemption. The Administrative Official may grant an encroachment permit without a public hearing if the total encroachment, inclusive of all front, rear and side setbacks, does not exceed twelve inches (12 "); and provided that: (1) The allowed encroachment on any one (1) front, rear or side setback may not exceed ten percent (10 %) of the setback as contained in the Development Requirements Table, or twelve inches (12 "), whichever is less; and (2) The Administrative Official Ends that the review criteria in KMC 14.20.185(d) are met. Section 6. Amendment of Section 14.20.220 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.220, Signs, is hereby amended as follows: 14.20.220 Signs. (a) General Requirements. (1) A permit shall be obtained from the administrative official prior to the in.stallation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c) of this section. Construction and erection of signs shall be in accordance with this chapter, with Appendix H of the International Building Code and with the National Electrical Code, except that temporary signs need not be constructed according to Appendix H of the International Building Code. (2) When a building permit is obtained for the construction of a building, signs for that building that conform to this Code shall be considered as New Text Underlined -, [DELETED TEXT BRACKETED] Resolution PZI I -i 6 - Page 6 -101- part of the valuation of that building. The fee for signs not covered by a building pei wit shall be (SET AS PROVIDED BY KNIC 7.15.100) set forth in the Citv's schedule of fees adopted by the City Council. (3) A permit for a commercial advertising sign shall he issued only if the sign will be located on the premises advertised, or on the common property available for such purposes to all commercial occupants of a multiple commercial development such as malls (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e). (5) If any of the provisions of this Code hereby adopted conflict with Appendix H of the International Building Code adopted by reference, the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of all signs and shall classify all signs. (8) Existing signs for which no permit was obtained. When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or signs are nonconforming, the owner shall make the sign or signs conforming within ten (10) days from the date of such notice or remove the sign. (9) Relief from the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (10) A pernrit issued under the provisions of this section shall become null and void if the sign erection or other work authorized by such permit is not commenced within ninety (90) days of the date of issuance, or if the sign display or work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the display or work is commenced. (11) The City of Kenai or any other governmental agency may erect OR- premises public informational signs as otherwise allowed in. this section. Signs not otherwise in compliance with this section may be allowed by variance under K1v1C 14.20.180. for purposes of this section, legal notices, or signs directing or regulating pedestrian or vehicular traffic or public safety suns are not considered public informational signs. (b) Residential Zones. For the purposes of this section, the following shall be considered residential zones: RR, RS, R.R. -1, RS -1, RS -2, R and TSH. Signs are allowed in the residential zones as follows: (1) Allowed Signs Not Requiring a Penult. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public infoi illation, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet, containing noncommercial messages or used to advertise the sale or lease of the property on which it is located. (C) Traditional holiday decorations. (D) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name and street number. New Text Underlined' (DELETED TEXT BRACKETEDI Resolution PZl 1 -16 - Page 7 -102 (E) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (F) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property sale," "open house" or. "lemonade" may be displayed for one week. Such signs must display the name, address and telephone of an adult person conducting /supervising such sale and must be dated. (G) Signs erected on a lot or lots screened or fenced so that no part is visible from a public right -of -way or another lot. (H) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be no more than thirty -two (32) square feet in size and no more than one such sign shall be permitted for each architect or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the project is completed. (I) A flag or insignia of any nation, organization of nations; state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (J) Events Signs. Unlighted signs of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) clays after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins o11 the first day the event sign is displayed. (K) Political Signs. :Political signs shall be removed within hrrn (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election, if after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) Signs Identifying a Horne Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (B) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premises shall he permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than this ly -two (32) ry Text Unde�,Jrfined. [DELETED TEXT BT4ACKs ED' Resolution. PZI1 -16 - Page 8 -103- square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (C) Signs for Other Allowed and Conditional Uses. One (1) sign per use not to exceed thirty -two (32) square feet in area for multifamily dwellings, dubs, professional offices, churches, and other similar uses. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (D) Signs for Nonconforming Uses. A. nonconforming use in a residential zone may have one (1) sign per property, unlighted, and no larger than thirty -two (32) square feet in area. Such signs shall be no closer than ten feet (10') to any property line or shall be flat against the building. (E) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty -two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (13) Beacon signs. (C) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice, (D) Signs that are higher than thirty -two feet (32') above the adjacent ground or pavement level. (E) Signs containing profane or indecent words or illustrations. (F) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (0) Signs placed on trailers or vehicles, which as parked or located are designed to primarily (TO) display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (H) Flashing or intermittent illum.dnation are not permitted. n (i) Balloons or other inflatable orraS-fi . led figures gureS Gr signs. (J) Signs not mentioned in the code are prohibited. (K) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or be confused with an.y authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (L) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (M) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field, (N) Portable signs. (0) Fence signs. New Text Underlined [DELETED TEXT BRACKETED} Resolution PZl I -16 - Page 9 -104- (c) Commercial, Industrial Zones and Education Zones. For purposes of this section, the following districts shall be considered commercial districts: CC, CG, IL, IH and ED. Signs are allowed in these districts as follows: (1) Allowed Signs Not Requiring a Peiuiit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (3) Personal message signs of a total of not more than five (5) square feet containing noncommercial messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period, (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field, (0) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting /supervising such sale and must he dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is risible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering fiiui, contractor or builder that denote the name of the structure and its use or occupants -to -be may he erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. these ] (1) 3u uuuai,. Any of uieSe may be CCirTruinetl on one (1J OP-more sign,: but the total square footage of the sign or signs shall not exceed that set out above, All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be. installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. New Text Underlined: [D TEXT ➢RACKETED] Resolution PZI1 -Ib - Page ID -105- (L) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per premises of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises a combined freestanding or marquee sign of not more than two hundred (200) square feet. (8) One (1) roof sign of not more than sixty-four (64) square feet. Where there is more than one (1) business on a premises, a combined roof sign of not more than one hundred twenty -eight (128) square feet. (0) Rotating signs are allowed, but may not exceed the square footage set forth above. (D) Real estate signs larger than thirty -two (32) square feet advertising the sale or lease of the property on which the sign is located. (E) Fence signs of not more than sixty-four (64) square feet. Where there is more than one (1) business on the premises, fence signs may not exceed one hundred twenty - eight (128) square feet. (3) Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Unauthorized sign in the right - of -way or on City property. Such right-of-way may be removed and disposed of without notice. (D) Portable changeable letter electric or nonelectric signs. (E) Signs, other than roof signs, which are higher than thirty -two feet (32') above the adjacent ground or pavement level. No roof sign shall be higher than eight feet (8'). above the roof on which it is placed. (F) Signs containing profane or indecent words or illustrations. (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals or reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed primarily to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles, operated in the normal course of business. (1) Flashing or intermittent illumination signs are not permitted except time and temperature, automatic changing message signs and traditional holiday decorations. New Text Undealinetl- [DELETED TEXT 6RACKETED1 Resolution PZ11 -16 - Page 11 -106- (J) Balloons or other inflatable or gas -filled figures or signs. (K) Signs not mentioned in this code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off - premises commercial advertising signs, including billboards, except as allowed under subsection (c)(1)(G) of this section, or at an outdoor sporting event, sports facility or sports field. (d) Limited Commercial Zone. Signs are allowed as follows: (1) Allowed Signs Not Requiring a Permit. (A) Public signs erected by or on behalf of a governmental body t.o post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (13) Personal message signs of a total of not more than five (5) square feet containing noncommercial. messages. (C) Traditional holiday decorations. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may be displayed for one (1) week, Such signs must display the name, address and telephone number of an adult person conducting/ supervising such sale and roust be dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the naive of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty-two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or New Text Underlined; [DELETED TEXT BRACKETED; Resolution PZ71 I6 - Page 12 -107- educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty-two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (L) Real estate signs of thirty-two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote; provided, that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for the removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than thirty - two (32) square feet. (8) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall be no closer than ten feet (10') to any property line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin boards or permanent changeable letter signs located on the premrises shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (10') from the street lot line; may be indirectly illuminated. (D) A. permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty-two (32) square feet. Any illumination shall be by indirect means. (3) Prohibited Signs. (A) Audio signs. (8) Beacon signs. (C) Roof signs. (D) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (E) Signs that are higher than ten feet (10') above the adjacent ground or pavement level. Text Underlined • [DELETED TEXT BRACKETED] Resolution PZl 1.16 - Page 13 -108- (F') Signs containing profane or indecent words or illustrations, (G) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (H) Signs placed on trailers or vehicles, which as parked or located are designed to primarily [TO) display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (1) Flashing or intermittent illumination are not pe witted. (J) Balloons or other inflatable or gas- filled figures or signs. (K) Signs not mentioned in the code are prohibited. (L) No sign shall be erected at any location where by reason of the position, shape, intensify, or color of such sign it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (M) No sign other than public signs shall be placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (N) No off - premises commercial advertising signs, including billboards, except as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting event, sports facility, or sports field. (0) Portable signs. (e) Signs Allowed in the Conservation Zone. Public signs erected by or on behalf of a governmental body to post legal notices, .identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic (f) Central Mixed Use Zone. Signs are allowed as follows: (1.) Allowed Signs Not Requiring a Pennit. (A) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (B) Personal message signs of a total of not more than five (5) square feet containing.noncomrnerc_iai messages. (C) Traditional holiday dernrmlons. (D) Temporary banners of not more than thirty -two (32) square feet. No temporary banners shall be installed or placed for a period to exceed thirty (30) days in any ninety (90) day period. (E) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, or street number. (F) Signs within a building or on a structure or fence located at an outdoor sporting event, sporting facility or sports field, (G) Temporary signs of not more than five (5) square .feet advertising such items as "yard sale," "garage sale," "property for sale," "open house," or "lemonade" may he displayed for one (1) week. Such signs must display the name, address and telephone number of an adult person conducting / supervisin.g such sale and must he dated. (H) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right -of -way or another lot. Now Text Underlined; [DELETED TEXT BRACKETED] Resolution PZ71 -16 - Page 14 -109- (I) Construction Signs. During construction, repair, or alteration of a structure, temporary signs that denote the architectural or engineering firm, contractor or builder that denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be thirty -two (32) square feet or less in size and no more than one (1) such sign shall be permitted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one (1) or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. (J) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except flags used in connection with a commercial promotion or as an advertising device. (K) Event Signs. One (1) unlighted sign of up to thirty -two (32) square feet may be displayed for the purpose of announcing an event of civic, philanthropic, educational or religious organization. Signs may be installed no sooner than ten. (10) days prior to the event announced and shall be removed within five (5) days after the event. No event signs may be installed for a period exceeding thirty (30) days in any ninety (90) day period. The ninety (90) day period begins on the first day the event sign is displayed. Event signs shall contain the date of their placement. (11,) Real estate signs of thirty -two (32) square feet or less used to advertise the sale or lease of the property on which the sign is located. (M) A sandwich board sign of not more than. sixteen (16) square feet exclusive of other, signs allowed, (N) Political Signs. Political signs shall be removed within two (2) weeks after the date of the election that the signs were displayed to promote: provided that signs erected for any primary election that remain relevant to the following general election may be maintained until two (2) weeks following the general election. If after reasonable notice, such signs are not removed, the City may remove them and the candidate, organization, or person who caused the sign to be placed may be charged for said removal. (2) Allowed Signs Requiring a Permit. (A) One (1) freestanding or marquee per lot of not more than one hundred twenty (120) square feet. Where there is more than one (1) business on a premises, a combined freestanding or marquee sign of not more than two hundred (200) square feet. (B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding five (5) square feet. Such sign shall he no closer than ten feet (10') to any properly line or shall be flat against the building. No lighting is permitted. (C) Bulletin Boards. Bulletin hoards or permanent changeable letter signs located on the premises shall be permitted for churches, schools, community centers and public, charitable or institutional. New Text Undedjned• [DELETED TEXT BRAD TED] Resolution PZ11 -16 - Page 15 -110- uses. Such signs shall contain no more than thirty -two (32) square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet (101 from the street lot line; may be indirectly illuminated. (D) A permanent subdivision sign may be placed at one (1) entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed thirty-two (32) square feet. Any illumination shall be by indirect means_ 3} Prohibited Signs. (A) Audio signs. (B) Beacon signs. (C) Fence signs. (ID) Roof signs. (E) Rotating signs. (F) Unauthorized signs in the right -of -way or on city property. Such signs may be removed and disposed of without notice. (G) Signs that are higher than twenty feet (20') above the adjacent ground or pavement level. (H) Signs containing profane or indecent words or illustrations. (I) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with. radio, television., or telephone signals and reception. (J) Signs placed on trailers or vehicles, which as parked or located are designed to primarily (TO) to display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the normal course of business. (K) Flashing or intermittent illumination are not permitted. (L) Balloons or other inflatable or gas - filled figures or signs. (M) Signs not mentioned in the code are prohibited. (N) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of or he confused with any authorized traffic sign, signal or device. No sign shall be attached to any traffic sign or signal device, or to any public sign or signpost. (0) No sign other than public signs shall he placed within twenty feet (20') of any intersection as measured from the nearest intersection of street right -of -way lines. (P) No off- premises commercial advertising signs, including billboards, except as allowed in subsection (f)(1)(G) of this section, or at an outdoor sporting event, sports facility, or sports field. ((Q) Portable signs. (g) Nonconforming Signs. (1) After the enactment of this section, signs located within the City of Kenai on the effective date of this section that do not conform to the requirements of this code shall be classified as legal "nonconfoi wing" signs if the sign was in. compliance with applicable law on the date of adoption of this code. (2) A legal nonconforming sign shall immediately lose its legal nonconforming designation if: New Text Undediner. [DEL.16TED TEXT HILACKETED] Resolution PZL 1.16 - Page 16 (A) The sign is altered in any way in structure which tends to increase its nonconformity with the requirements of this code; (B) The sign structure is relocated; (C) The sign (except for copy on a changeable copy sign) is replaced. Upon the occurrence of subsection (g)(2)(A), (g)(2)(B) or (g)(2)(C) of this section, the sign shall be immediately brought into compliance with this code with a new permit secured or it shall be removed. (h) Specific Definitions Pertaining to Signs. (1) "Applicant" means any for.- profit or nonprofit enterprise, or organization, or an.y individual not acting on behalf of such an enterprise or organization. (2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music, or singing. (3) "Banner" means a sign construction of flexible material, such as cloth, which moves upon being subjected to pressure by the wind. (4) "Beacon sign" means a light with one (1) or more beams capable of being directed in any direction or directions or capable of being :revolved, (5) "Combination sign" means a sign incorporating any combination of the features of pole, projecting, and roof signs. (6) "Curb line" means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. (7) "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message. (8) "Electric sign" means any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (9) "Fence sign" means a sign other than a real estate or home occupation sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and partly by a building. (11) "Grounds sign" means a sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by this code. (12) "Legal setback line" means a. line established by ordinance beyond which a building may not he built, A legal setback line may be a property line. (13) "Marquee" means a permanent weatherproof structure attached to, supported by a building, and projecting from the wall of the building. (14) "Pole sign" means a sign wholly supported by a sign structure in the ground. (15) "Political sign" means a sign promoting a candidate for political office, or promoting any position on a ballot proposition. (16) "Portable display surface" means a display surface temporarily fixed to a standardized advertising structure that is regularly moved from structure to structure at periodic intervals. (17) "Portable sign" means a sign other than a temporary sign that is not attached to any building or structure. It may readily be moved from one (1) location to another. It is designed to rest on the ground when New Text Underlined- [DEI ETED TEXT E7-RACKETED] Resolution PZ1.1 -16 - Page 17 -112- displayed and may be with or without its own wheels. It may or may not be lighted. (18) "Projecting sign " means a sign other than a wall sign, which projects from and is supported by a wall of a building or structure. (19) "Real estate sign" means a sign advertising the sale, lease or rent of one (1) or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska (20) 'Roof sign" means a sign erected upon or above a roof or parapet of a building or structure. (21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a film, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (22) "Sign structure" means a structure that supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. (23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, designed to be displayed for a limited period of time only. (24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. Section 7. Amendment of Section 14.20.270 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.270, Amendment procedures, is hereby amended as follows: 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Map. (b) initiation of Zoning Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; (8) Kenai Planning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; (D) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. New Text Underlined' [DELETED TEXT BRACKETED] Resolution PZl1 -15 - Page 18 -113- (c) (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. (4) The zoning amendment request shall include the names and addresses of the applicant, a map showing the area involved, the present and proposed zoning, a non - refundable [DEPOSIT /ADVERTISING] fee as set forth in the City's schedule of fees adopted by the City Council, and any other pertinent information requested by the City. Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official. The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment. (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. 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. Dated att en:', Ala -day o Chair Nev Text Urderlined• IDIEE RD TEXT BRACKETED] Resolution PZ11 -16 - Page 19 -114- c ceYy of KE AL ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2566 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND AND IN THE SENIOR CITIZENS FUND FOR THE PURCHASE OF A NEW MEALS -ON- WHEELS DELIVERY VAN UTILIZING THE STATE OF ALASKA FLEET PURCHASING PROGRAM. WHEREAS, the City has received a S20,000 Grant from MOWAA (Meals on Wheels Association of America) for the participation in the WALMART Foundation -MOWAA Building the Future Impact Grant Program; and, WHEREAS, pursuant to KMC 7.32.030 excess cash balances from the Congregate Housing Fund have been transferred to the City's General Fund and are restricted for use on "Senior Citizen c Lvgi cu-i1S ; and, WHEREAS, purchase of a. delivery van for Senior Center's Meals -On- Wheels program is a "Senior Citizen Program "; and, WHEREAS, to date S 119,544 has been transferred to the General Fund from the Congregate Housing Fund and remains unexpended; and, WHEREAS, purchase of the van will be from Kendall Ford utilizing the State of Alaska Fleet Purchasing Program; and, WHEREAS, the installation of specialty shelving and other accessories will be performed by City Shop personnel; and, WHEREAS, purchase of a new delivery van utilizing the State of Alaska Fleet Purchasing Program for the Senior Center's Meals-On- Wheels program is in the best interest of the City and the seniors it serves. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Designated Fund Balance $7,500 Increase Appropriations: Transfer to Senior Citizen Fund $7,500 -115- Ordinance No. 2566 -2011 Page 2 of 2 Senior Citizen Fund Increase Estimated Revenues: Miscellaneous Grants Transfer From General Fund $20,000 7,500 Increase Appropriations: Machinery and Equipment $27,500 Section 2. The Administration is authorized to purchase the vehicle from Kendall Ford utilizing the State of Alaska Fleet Purchasing program. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011. ATTEST: Carol L. Freas, City Clerk-`'} Approved by Finance: 7{ (201;5:. PAT PORTER, MAYOR Introduced: June 15, 2011 Adopted: July 6, 2011 Effective: July 6, 2011 New Text Underlined pELETED TEXT BRACKETED] -116- Village with a Past, Cc with a Future" N:VIO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Rachael S. Craig, Senior Center Director DATE: June 7; 2011 SUBJECT: Meals on Wheels Van hag `Illif 1991 The City of Kenai /Kenai Senior Services was awarded $20,000 from The Wal -Mart Foundation MDWAA Building the Future Impact Grant. This grant will be used to purchase a van for the senior nutrition program. We are requesting $7,500.00 from the city's senior center fund to provide the match (10 %) and the balance for the cost of the van. We currently have a 2002 Dodge Caravan. We have logged over 125,356 miles on the van. To date the City has invested in many dollars to repair the van for mechanical and electronic issues. The City Shop Dept. Head has recommended replacing the dodge caravan due to age, mileage, maintenance, history and current repairs that are needed. Considering the needs we have for our meal program, he has researched vehicles and received an estimate from government purchasing for the cost of a 2011 Ford Transit Connect XLT, 4 -door Wagon Premium. ac cf y of KENAI. ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2567-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 23.55 ENTITLED "PERSONNEL" INCLUDING, 23.50.010 ENTITLED, "EMPLOYEE CLASSIFICATION "; AND, 23.55 FISCAL YEAR 2012 OPERATING BUDGET SALARY SCHEDULE. WHEREAS, with the approval of the FY2012 Annual Budget, the class title and /or range of Information Technology (IT) Manger was established, the class title and /or range of the Street Foreman was changed and the Fiscal Year 2012 Operating Budget Salary Schedule was established. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, KMC Chapter 23.55 entitled, "Personnel" is amended as follows: Section 1. Form: This is a Code Ordinance. Section. 2. Amendment of Section 23.50.010(a) of the Kenai Municipal Code: The Kenai Municipal Code, Section 23,50,010(4 Employee Classification, is hereby amended as follows: (a) SUPERVISORY AND PROFESSIONAL CLASS CODE CLASS TITLE RANGE 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 105 Public Works Director* 23 106 Police Chief* 107 Fire Chief* 22 108 Public Works Manager 21 109 Senior Accountant 19 110 City Engineer 19 111 Code Enforcement Officer 17 112 Airport Manager* 20 113 Land Manager 17 114 Deputy City Attorney 16 115 Dock Manager 13 116 Personnel Officer 16 117 Planner 16 118 Infoi uiation Technology (IT) Manager 18 New Text Underlined; DELETED TEXT BRACKETED) -118- Ordinance No. 2567 -2011 Page 2 of 4 Section 3. Amendment of Section 23.50.010(d) of the Kenai Municipal Code: The Kenai Municipal Code, Section. 23.50,010(d), Employee Classification, is hereby amended as follows: (d) PUBLIC WORKS CLASS CODE CLASS TITLE RANGE 401 Building Official 15 402 Shop Foreman 16 403 Street Foreman 16 [15J 404 Sewer Treatment Plant Operator 13 405 Water and Sewer Operator 13 406 Mechanic I 12 407 Equipment Operator 1 ** 11 408 Mechanic II 14 409 Street and Airport Lead Operator 14 410 Water and Sewer Foreman 15 412 Building Maintenance Technician 11 413 Sewer Treatment Plant Lead Operator 14 414 Sewer Treatment Plant Foreman 15 416 Engineering /Safety Technician 12 417 Airport Operations Specialist 11 418 Airport Operations Supervisor 15 419 Building Maintenance Lead Technician 12 420 Water and Sewer Lead Operator 14 New Text Underlined [DELETED TEXT BRACICETEDI -119- Ordinance No. 2567 -2011 Page 3 of 4 Section 4. Amendment of Section 23.55 of the Kenai Municipal Code entitled Fiscal Year 2012 Operating Budget Salary Schedule: The Kenai Municipal Code, Section 23.55 Fiscal Year 2012 Operating Budget Salary Schedule, is hereby amended as follows: FISCAL YEAR 2012 OPERATING BUDGET SALARY SCHEDULE Range A B C D E F AA BB CC Step 1 19,106 19,584 20,062 20,539 21,016 21,494 21,972 22,449 22,927 1.1 20,029 20,530 21,030 21,531 22,032 22,533 23,034 23,536 24,037 2 21,329 21,862 22,396 22,929 23,462 23,996 24,529 25,062 25,595 2.1 22,463 23,026 23,587 24,148 24,710 25,271 25,833 26,394 26,956 2,2 23,764 24,358 24,953 25,546 26,140 26,733 27,327 27,920 28,513 2.3 24,953 25,576 26,200 26,825 27,449 28,073 28,697 29,322 29,947 2.4 29,159 29,888 30,617 31,345 32,074 32,802 33,531 34,259 34,987 2.5 33,004 3•,829 34,654 35,479 36,304 87,189 37,954 8.8,779 39,503 3 33,225 34,054 34,884 35,715 36,545 37,374 38,204 39,034 39,864 4 34,885 35,758 36,631 37,503 38,376 39,249 40,121 40,993 41,866 5 36,632 37,549 38,465 39.381 40,298 41,214. 42,130 43,047 43,963 6 38,466 39,427 40,390 41,351 42,313 43,274 44,236 45,198 46,159 7 40,397 41,407 42,416 43,426 44,435 45,445 46,454 47,464 48,473 8 42,434 43,495 44,556 45,618 46,679 47,741 48,802 49,864 50,924 9 44,538 45,651 46,764 47,878 48,991 50,104 51,217 52,330 53,444 10 46,752 47,921 49,091 50,260 51,429 52,598 53,767 54,936 56,106 11 49,085 50,313 51,540 52,768 53,996 55,224 56,451 57,679 58,906 12 51,562 52,850 54,139 55,428 56,717 58,006 59,295 60,584 61,873 13 54,105 55,457 56,810 58,163 59,515 60,868 62,221 63,573 64,926 14 56,846 58,268 59,690 61,111 62,533 63,955 65,377 66,798 68,220 15 59,690 61,182 62,675 64,166 65,659 67,151 68,644 70,135 71,628 16 62,645 64,211 65,776 67,342 68,907 70,473 72,038 73,604 75,168 17 65,788 67,434 69,078 70,723 72,369 74,014 75,659 77,304 78,950 18 69,077 70,803 72,530 74,256 75,982 77,709 79,435 81,162 82,889 19 72,514 74,327 76,140 77,953 79,766 81,578 83,391 85,204 87,017 20 76,173 78,077 79,982 81,887 83,792 85,696 87,600 89,505 91,410 21 79,985 81,984 83,983 85,982 87,981 89,980 91,979 93,978 95,977 22 83,935 86,034 88,133 90,231 92,330 94,429 96,528 98,627 100,725 23 88,145 90,349 92,552 94,756 96,960 99,164 101,368 103,571 105,775 24 92,671 94,987 97,304 99,621 101,938 104,255 106,572 108,889 111,206 Section 5. 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• 1DELETED TEXT BRACKETED] -120- Ordinance No. 2567 -2011 Page 4 of 4 Section 6. Effective date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011. Al I EST: Carol L. Freas, City Clerk 1 Approved by Finance: PAT PORTER, MAYOR Introduced: June 15, 2010 Adopted: July 6, 2010 Effective: August 6, 2010 . New Text Underlined; [DELETED TEXT BRACKETED] -121- Ire ciyof' KENAI, ALASKA \c% Vella e with a Past, Ct'ty with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: June 7, 2011 Re: Ordinanee 9567-2011 Ordinance 2567-2011 codifies the changes to the personnel section of the Kenai Municipal Code that were adopted with the passage of the FY12 City of Kenai Budget. Changes include: I. Creation of the Information Technology (IT) Manager position at pay range 18 The position will be classified and report to the Finance Director. 2. Reclassify the Street Foreman position from range 15 to range 16. 3. Adoption of the FY12 Salary Schedule that incorporated a 1.0% Cost of Luring Allowance (COLA) increase. The COLA increase has an estimated FY12 salary and benefit cost to the City of $94,128 for all funds. -122- CAC Ct di KENAI. ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2568-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS FOR COSTS IN EXCESS OF BUDGETED AMOUNTS TO BE EFFECTIVE JUNE 30, 2011. . WHEREAS, employee leave cash -outs exceeded amount previously budgeted as a result of employees cashing -out more leave than anticipated or the retirement of a long-term employee with significant leave balance, $38,500; and, WHEREAS, overtime from attending evening meetings by Clerk Office personnel were in excess of amounts budgeted, $6,500; and, WHEREAS, overtime at the City Dock in connection with the annual personal use fishery was in excess of budgeted amounts, $5,000; and, WHEREAS, overtime and associated benefits by fire personnel exceeded budgeted amounts, $1.00,000; and, WHEREAS, retention of outside, legal counsel for assistance with personnel and lands issues were not previously budgeted but required, $40,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $190,000 Increase Appropriations: Clerk - Leave $ 30,000 Manager - Leave 8,500 Clerk - Overtime 6,500 Dock - Overtime 5,000 Fire - Overtime 80,000 Fire - PERS 20.000 City Manager - Professional Services 40,000 $190.000 Section 2. These budget adjustments are effective for the FY 11 Budget for fiscal year ending June 30, 2011. New Text Underlined• [DELETED TEXT BRACKETED] -123- Ordinance No. 2568 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: L. PAT PORTER, MAYOR Introduced: June 15, 2011 Adopted: July 6, 2011 Effective: June 30, 2011 New Text Underlined* [DELETED TEXT BRACKETED] -124- ,yo KENAI, ALASKA o% Rick Koch, City Manager From: Terry Eubank, Finance Director Date: June 8, 2011 p e: Ordinance No. 2568 -2011 llaye with a Past, CL y with a Future" FINANCE DEPARTMENT 210 FidaIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 / FAX: 907 - 283 -3014 With the end of the fiscal year approaching the Finance Department has been working with various City departments to review their budgets. As a result a number of needed adjusunents have been identified for General Fund departments. Some of these changes are the result of recent and unplanned events while others are the result of higher than expected need. Employee Leave Employee attrition and larger than expected annual leave cash outs have depleted wage accounts in various departments requiring additional funds to complete the fiscal year, $38,500: Clerk - Leave $30,000 Manager — Leave 58,500 Employee Overtime Budgeted overtime was exceeded due to City staff attending evening meetings in excess of budget amounts, $6,500, City staff responding to needs of the personal use fishery at the City Dock, $5,000, and City fire personnel responding to daily calls for service, $100,000. Professional Services Outside legal counsel was retained by the administration in connection with personnel CINGSA issues, and other City surface property rights issues, $40,000. Budget for these services was not previously established. -125- he cll.)/ ot. KENAI, ALASKA MEM Village with a Past, a with a Future o: // 210 Fidalgo Avenue, Kenai, Alaska 99611- 7794,m Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111.? 1992 TO: Rick Koch FROM: Fire Chief Tilly DATE: June 6, 2011 SUBJECT: Supplemental appropriation Rick, This memo is written to address the associated ordinance 2568 -2011 for the request of additional appropriations to the overtime account of the Fire Department. Although historically we have exceeded our overtime budget, we have in the past been able to cover it with unexpended monies from other accounts. This year we will not have the ability to cover the overrun. There were some unforeseen costs associated with the hiring of the new employees, one being the amount of training they had prior to employment and what training had to be accommodated. Not knowing what level of trained employees we were going to get, there was no way to account for this. Run volumes continue to be a factor every year and the associated recalls that go with it. We continue to try and prepare for two simultaneous ambulance calls with one BLS and one ALS being our goal. When needed, we have to recall people back in to cover the station. The recent staffing directive for the airport station accommodating all part 139 flights has rendered this person unusable for all but a few hours in the middle of the night. This directly affects our recall system increasing its use. We have completed the majority of all the training for the new hires this fiscal year and I anticipate next year's overtime budget to be less effected by training issues. -126- KEMAL ALASKA "Village with a Past, City with a Fatptre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.ken& ak.us MEMORANDUM TC: Mayor and Council Members FROM: Carol. L. Freas, City Cler DATE: June 10, 2011 RE: ITEM G7 -- Vacation of Eadies Way, a 30 foot public right -of -way adjacent to the west side of Lots 5 through 8, dedicated by Edgington Subdivision No. 1 (Plat KN 994), and adjacent to the east boundary of Lot I of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough; KPB File 2011 -040; Location: City of Kenai. The attached petition for the above - referenced vacation was sent to the City of Kenai Council for consideration and action. Council has 30 days from May 23, 2011 in which to veto the decision of the Kenai Peninsula Borough Planning Commission, however, if no veto is received from Council within the 30 -day period, the decision of the Planning Commission will stand. Does Council wish to veto the decision of the Borough Planning Commission? -127- May 26, 2011 Kenai City Council 210 FidaIgo Avenue Kenai, AK 99611 -7794 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2200 • FAX: (907) 714 -2378 Toll -free within the Borough: 1- 800 -478 -4441, Ext. 2200 www. borouoh.kenai at us RECEIVE JUN ®.1 2011 KENAI CITY CLERK DAVID CAREY BOROUGH MAYOR RE: Vacate Eadies Way, a 30 -foot public right -of -way adjacent to the west side of Lots 5 thru 8, dedicated by Edgington Subdivision No. 1 (Plat KN 994), and adjacent to the east boundary of Lot 1 of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough; KPB File 2011 -040; Location: City of Kenai Dear Kenai City Council Members: In accordance with AS 29.40.140, no vacation of a city right -of -way and/or easement may be made without the consent of the city council. Based on the following findings of fact, the Planning Commission approved the referenced vacation during their regularly scheduled meeting of May 23, 2011. Findings: 1. The proposed vacation is within the City of Kenai. 3. Kenai Planning and Zoning Commission approved the associated preliminary plat that will finalize the vacation on March 23, 2011. 4. The block is served by constructed McKinley Street, Second Avenue, and North Gill Street, 5. Per the Kenai City staff report, the streets adjoining the plat are maintained. 6. Sufficient rights -of -way exist to serve surrounding properties. 7. No surrounding properties will be denied access. 8. Per the submittal, the right -of -way proposed for vacation is not in use for access. 9. ENSTAR objects to the proposed vacation but will withdraw the objection if a 15 -foot wide utility easement centered on the existing natural gas distribution and service pipelines is granted. 10, All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 11. To date two utility companies have provided comments. 12. The Borough Plat Committee granted conditional approval to the associated preliminary plat on May 9, 2011. This petition is being sent to you for your consideration and action. The City Council has 30 days from May 23, 2011 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30 -day period, the decision of the Planning Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. MJB:pdh Attachments Sincerely, Max J. Best Planning Director -128- May 26, 2011 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2200 • FAX (907) 714 -2378 Toll -free within the Borough: 1- 800- 478 -4441, Ext. 2200 www. borough. kenai.ak. us DAVID CAREY BOROUGH MAYOR KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF MAY 23, 2011 RE: Vacate Eadies Way, a 30 -foot public right -of -way adjacent to the west side of Lots 5 thru 8, dedicated by Edgington Subdivision No. 1 (Plat KN 994), and adjacent to the east boundary of Lot 1 of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough; KPB File 2011 -040; Location: City of Kenai The Kenai Peninsula Borough Planning Commission approved the proposed vacation based on the following findings during their regularly scheduled meeting of May 23, 2011. Findings: 1. The proposed vacation is within the City of Kenai. 3. Kenai Planning and Zoning Commission approved the associated preliminary plat that will finalize the vacation on March 23, 2011. 4. The block is served by constructed McKinley Street, Second Avenue, and North Gill Street. 5. Per the Kenai City staff report, the streets adjoining the plat are maintained. 6. Sufficient rights -of -way exist to serve surrounding properties. 7. No surrounding properties will be denied access. 8, Per the submittal, the right -of -way proposed for vacation is not in use for access. 9. ENSTAR objects to the proposed vacation but will withdraw the objection if a 15 -foot wide utility easement centered on the existing natural gas distribution and service pipelines is granted. 10. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 11. To date, two utility companies have provided comments. 12. The Borough Plat Committee granted conditional approval to the associated preliminary plat on May 9, 2011. In accordance with AS 29.40.140, no vacation of a city right -of -way and/or easement may be made without the consent of the city council. The proposed vacation has been forwarded to the Kenai City Council. The City Council has 30 days from May 23, 2011 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Commission will stand. Please contact the Kenai City Office to verify the date the subject vacation will be reviewed by the Council. This notice and unapproved minutes of the subject portion of the meeting were sent May 26, 2011 to: McLane Consulting Inc. Kenai Christian Church, Inc. -129- PO Box 468 Soldotna, AK 99669 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 104 McKinley St. Kenai, AK 99611 -7425 City of Kenai 210 Fidalgo Street Kenai, AK 99611 -7794 -130- AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate Eadies Way, a 30 -foot public right -of -way adjacent to the west side of Lots 5 thru B, dedicated by Edgington Subdivision No. 1 (Plat KN 994), and adjacent to the east boundary of Lot 1 of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough; KPB File 2011- 040; Location: City of Kenai Staff Report reviewed by Max Best PC Meeting: 5/23/11 Purpose as stated in petition: Parcels are being combined thus eliminating the need for a right -of -way. Petitioner: Robert Devolld for the Kenai Christian Church, Kenai, Alaska Notification: Public notice appeared in the May 12 and May 19, 2011 issues of the Peninsula Clarion. Eleven (11) certified mailings were sent to owners of property within 300 feet of the parcels. Nine (9) of the receipts has been returned. Fifteen (15) regular mailings were sent to agencies and interested parties. Six (6) notices were sent to KPB Departments. Notices were mailed to the Kenai Post office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board. Comments ENSTAR: ENSTAR objects to the proposed vacation due to existing facilities being in the area proposed to be vacated. ENSTAR will withdraw its objection if a 15 -foot wide natural gas easement centered on the existing natural gas distribution and service pipelines is granted. Floodplain Administrator: Not in the floodplain. Homer Electric Association: No comment. Kenai Planning and Zoning Commission approved the plat on March 23 2011, Staff discussion The Plat Committee conditionally approved the associated preliminary plat on May 9, 2011. The City of Kenai does not participate in KPB's Floodplain Program. Findings: 1. The proposed vacation is within the City of Kenai, 2. Per the submittal, the right -of -way proposed for vacation has been fully or partially constructed. 3. Kenai Planning and Zoning Commission approved the associated preliminary plat that will finalize the vacation on March 23, 2011. 4. The block is served by constructed McKinley Street, Second Avenue, and North Gill Street. 5. Per the Kenai City staff report, the streets adjoining the plat are maintained. 6. Sufficient rights -of -way exist to serve surrounding properties. 7. No surrounding properties will be denied access. 8. Per the submittal, the right -of -way proposed for vacation is not in use for access 9. ENSTAR objects to the proposed vacation but will withdraw the objection if a 15 -foot wide utility easement centered on the existing natural gas distribution and service pipelines is granted. 10. All subdivision plats finalizing vacations are sent to utility companies for review and easement KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 23, 2011 MEETING MINUTES PAGE 9 UNAPPROVED WW1 -131- requirements. 11. To date, two utility companies have provided comments. 12. The Borough Plat Committee granted conditional approval to the associated preliminary plat on May 9, 2011. STAFF RECOMMENDATION: Based on the Findings 1 and 3 -12, staff recommends approval of the vacation as petitioned, subject to: 1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval). 2. Provide utility easements requested by the utility providers. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. (20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99.43]. END OF STAFF REPORT Chairman Bryson opened the meeting for public comment. Seeing and hearing no one else wishing to speak, Chairman Bryson closed the public comment period and opened discussion among the Commission. MOTION: Commissioner Foster moved, seconded by Commissioner (sham to grant the vacation as petitioned citing the following findings per staff recommendations. Findings: 1. The proposed vacation is within the City of Kenai. 3. Kenai Planning and Zoning Commission approved the associated preliminary plat that will finalize the vacation on March 23, 2011. 4. The block is served by constructed McKinley Street, Second Avenue, and North Gill Street. 5. Per the Kenai City staff report, the streets adjoining the plat are maintained. 5. Sufficient rights -of -way exist to serve surrounding properties. 7. No surrounding properties will be denied access. 8. Per the submittal, the right -of -way proposed for vacation is not in use for access. 9. ENSTAR objects to the proposed vacation but will withdraw the objection if a 15 -foot wide utility easement centered on the existing natural gas distribution and service pipelines is granted. 10. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 11. To date, two utility companies have provided comments. 12. The Borough Plat Committee granted conditional approval to the associated preliminary plat on May 9, 2011. VOTE: The motion passed by unanimous consent. i BRYSON I YES CARLUCCIO YES COLLINS YES ECKLUND ABSENT FOSTER YES GROSS YES HOLSTEN ABSENT I (SHAM i YES LOCKWOOD ABSENT MARTIN YES PARKER ABSENT RUFFNER YES TAURIAINEN j 9 YES YES 14 ABSENT AGENDA ITEM F. PUBLIC HEARINGS 4. Rename existing streets in conjunction with the Enhanced 911 Street Naming and Addressing KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 23, 2011 MEETING MINUTES UNAPPROVED MMUTES -132- PAGE 10 50 AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate Eadies Way, a 30 -foot public right -of -way adjacent to the west side of Lots 5 thru 8, dedicated by Edgington Subdivision No. 1 (Plat KN 994), and adjacent to the east boundary of Lot 1 of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough; KPB File 2011- 040; Location: City of Kenai STAFF REPORT PC Meeting: 5123111 Purpose as stated in petition: Parcels are being combined thus eliminating the need for a right -of -way. Petitioner. Robert Devolld for the Kenai Christian. Church, Kenai, Alaska Notification: Public notice appeared in the May 12 and May 19, 2011 issues of the Peninsula Clarion. Eleven (11) certified mailings were sent to owners of property within 300 feet of the parcels Nine (9) of the receipts has been returned. Fifteen (15) regular mailings were sent to agencies and interested parties. Six (6) notices were sent to KPB Departments. Notices were mailed to the Kenai Post office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board. Comments ENSTAR: ENSTAR objects to the proposed vacation due to existing facilities being in the area proposed to be vacated, ENSTAR will withdraw its objection if a 15 -foot wide natural gas easement centered on the existing natural gas distribution and service pipelines is granted. Floodplain Administrator. Not in the floodplain. Homer Electric Association: No comment Kenai Planning and Zoning Commission approved the plat on March 23, 2001. Staff discussion The Plat Committee conditionally approved the associated preliminary plat on May 9, 2001, The City of Kenai does not participate in KPB's Floodplain Program. Findings: 1, The proposed vacation is within the City of Kenai. 2. Per the submittal, the right -of -way proposed for vacation has been fully or partially constructed, 3. Kenai Planning and Zoning Commission approved the associated preliminary plat that will finalize the vacation on March 23, 2001. 4. The block is served by constructed McKinley Street, Second Avenue, and North Gill Street. 5. Per the Kenai City staff report, the streets adjoining the plat are maintained. 6. Sufficient rights-of -way exist to serve surrounding properties. 7. No surrounding properties will be denied access. 8. Per the submittal, the right -of -way proposed for vacation is not in use for access. 9. ENSTAR objects to the proposed vacation but will withdraw the objection if a 15 -foot wide utility easement centered on the existing natural gas distribution and service pipelines is granted. 10. All subdivision plats finalizing vacations are sent to utility companies for review and easement -133- requirements. 11. To date, two utility companies have provided comments. 12. The Borough Plat Committee granted conditional approval to the associated preliminary plat on May 9, 2011. STAFF RECOMMENDATION: Based on the Findings 1 and 3 -12. staff recommends approval of the vacation as petitioned, subject to: 1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval). 2. Provide utility easements requested by the utility providers. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation, DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT CNAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 9943]. END OF STAFF REPORT 51 -134- 0-L4 LOT 10l KN 63 -704 2 NU AVENUE 66' R/W N 091000' [ 660.522 27 FORMER LOT 0t 07 t 0 LCJT LOT 2 5 10 TON 3534 3.377 FORItER LOTS RN 92 -06 07 ia S 5011160.. 107 Former-1.5-1314 FORMER LOt 10T 3 4 E1 LOT 4 01 7 6.t k 100 151 RJW �IfVE -f,EBABGAlE OE ORNFRSHIP AND OED19AIlQR e'hood 4,1113 o Fv< wr9 we IXVCa.0 ua 31 1NRppri Pane at n! pa easy 'I. end grant Olt a rneer1ta m m: a,hd p4NR m to ra6re e' LY. 10 BL.M. LOT 152 P30331] riATER rnt*'OIAL e Plans for wastewater disposal that m °al rsoulatary mgooz the o., ale 09 m= ne. t eat or En.Sonmrentol Cause vollo !"• K Emil Mame Li 4si6 AK Data 14 • e, ROSES 11450r 0h thr ortnep 0*ma .. eM10 t ea _.,... _ARIES war muter c a. theec l m xsz 511, grb.0eln'+nl u+w oretth rsrRP /wracx.ei.r 1. 2enm ewe aom mw.m W10023s uQa 41;,et ma/ cm/RR re,m.,.04 e •a >. 6•31 e.,i r02: wwcmee pod »ern before me Ohl. aay oa —2011. Yy nthaltheten e+pkee TRU, y Soolo 4.' £Ae Mote 51 mg; KENAI SPUR. HIGHWAY VW VARIES P A�? r>OYr — — F01415411.4 7n4570i PLENMNG COTROSSr34 of to m<elmg OF _mu. KENAI PERMS/AA BOROUGH 37 Ao(1hri�4 52Nd — 63024' U.E. OEHLER SUED /V /SON NO. Si (A Resohdidnl0n 04 0.. Oehler Subd. No. 2 lot 1 723492 -00 k Edgington 5 6d. 11 TOTE 3, 5 -0 1074 the associated ('0aotlon E Eadios way 30 Rj12) ai arllae0 gmr4h, P91e:e IOF AN 4 el. 9 8 1 77 AC MA 9006130 INA THE tt O 1//4 Ne /4 SEC. 1 v. w1m, 3R., Ft, 003 F 33472 PEfdNWLA BOROUGH IN THE c, Ar PECRIOIMF GSjI?ICT. 0. 2011 /Txx led D.o In .pad 2 ND AVENUE 660 R/W 0959'00' E 330.35' 291. 122,17 102 8 former tat 138 -A O C PLAZA SUBDIVISION LOT 1 K00 91 -28 LPt s KENAI SPUR HIGHWAY R/W VARIES _ NOTARYS ACKNOWLEDGEMENT FOR: eta vac 3• ttvl',tn OM sworn gofers ma Nth _30_11.a dog of n . —b. , 1992. ems melees art 81,_199,4 DSnit 7- P)A9eA - r.N,eN8.4 1 5 S 097,4900 W - 330.42' B.IM. LOT 151 5.LM. 008 152 R/FT —LIME -- WASTEWATER DISPOSAL The mono Department of Endmm0entol Consexv0tion nor frevte,td plane 1W 100, mm4Fim0a p xastewstor dleptooi, and approves this fob&d,hn far platting. CERTIFICATE Of OWNERSHIP AND DEDICATION We hxeIy certify that a an the miners of the rool property shown bdlvlston esti byed r fee 004 nnt dndleote 90 r0lot, plan w,oY esti end pobRt s to Public moo and grant ell tenement* to Ne nJshhaan. 081180 CNV-= CH BY: Clamde 3. X40000 Kenal Christian c Pr 19.•1 5-9L tine Date PLAT APPROVAL. iPon plat ens approved by PENINSULA 9019:18311 FLA et the meet99 of October 12, 1992 et1900 by , Elda AU \f {I DE ELAPfr .4,r 48 ITT pax s 4'81. row NuNE MIA LEGEND ¢p BIM brine tap or record not recovered 3 1 /48 Wain, copped monument of regard not remmed O - l /2' room of property comer at record not reamar0d A. 5 /8e x Is' steer For w8h aluminum the otlaehed of Ward not reaprered �j/� Indicate. 20' alley vacated by Ulia plot NOTES tl Water supply and 9eeage dlopoaal eyvlome shalt be pe^mltlod Only kl xnfannmcel wIth opPIRVM0 req+XOmevls of 18 AAC 70, IA AAC 72, and 19 AA0 80. 2) No Mraet comes to atom maintained ROWS pe.mtiteet vnleae Npproved by State of Aloeka 0opartment pf traneportoHan. 3) No gm-cement abutters thou be rnne rmod or amend 0BMn easement sMCb would Inhofe-ea .188 the obitty of o utelty to use the eocement. 4j This plat Nos prepared from 40to of record (K -512) & KRO 91 -28 and no (laid survey mac 0)0rrmmed. 5f'minm000 Barvu000 Pan 1 Camob4o, en 000Kh(23.K0002. D.E. OEHLER SUBDIVISION N0. 2 (A RESU0DIVISI0N CC OEHLER SUDDrv1510H BVA LOP 138 Is VACATION Of A 20' At LEY) not Dkdatlnn War'0, 800300 (94 MoXIMey SL Kmal, AK 99611 LQC.I1.QR 2.502 AC.00 /1 100815D IN THE Sw 114 5W 114 SECTION 15 K F 000080, 1� Y.ENN PENINSULA 00400000 A!® ONE KENAI 8800000940 009101(00. Prepared by: Dote o 11/27/8 MetANE and ASSOCIA1ES P.O. 000 488 004,00* rtla kn 09089 92 -2029 n by Cneersd ay Book N¢ N/A e No. 2 -017 gd9/bq Jan 54.4 41 I 9951 00.Arc0 NE10. 09°68' 9 96 00 006.93 t Ph 000 CI 166.9@ 1 6 @SBA 6. 166. 155.00 16598 . 4 V4v74 05.99 SCALE: 7 =50 NOTE: L ALL MEASUREMENTS APE IN POET. 2.ALL, EASEMENTS ARE 511050 115 porno LINES. 6.6.72 72000. le VICINITY MAP CCRTIFICATE. OF QWNERSl11R AND AEDI0ATIRH 005501' 0061I11 THAT E AM 1110 OWNER OF THE PROPERTY 311050 ASP (59055050 HEREON 4500 THAT I H511500 40001' THIS ALAN OF 30O05014/055 W TM NY FREE 601.1SEH LANs 05050470 ALL St RESTS, ALLEYS: 0TYRO, 54850 AM) 07108 OPEN ' SPACES TO P0840 OR SWATS USE AS 00150. 0 ATE -SFF.:54 1T,etW `5070005 SCALE: Y ". 1/2 MILE flerARS'1 AEY1001550MEn7 ) THIS IE 70 CERTIFY 70147 OH TN■9 _Z_:-OAY OP..di y��'' a61- EEFGRa ME. THE V 54510 05, 4 NGTna? C66EIE 1 aim FOR ALPEES� 0001' 0010 1466 R0F0Rn A 0ERO0092.L1 gnat Lt LE 0. En0inai50 6(11511 ETE 0E. nano 4RQ. EFECPTOR TOE move MELT 7 CfRTtFOCATE 00 57010504 t nemmmr enknrl na. 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I,-,,, t- cm — ,„.„, Rom, ----”a=,.......... ,„.„,, 'Lace-ves ..e, id/1r ''--.' • --- - 4? - - a ‘c, • '-- UT- 7.2=r-fr.r.C: rintt:-.71::■•=.74 %TAMS CC PUBUC DOMAN LAND 1043 MLIERAL 1I1LES MW SUPPL SEC 31 NO 717 051775 777 n5v 000000 errt 01 700-- /0011720100117002/7002/0/102171007210 ,-57 7755 77755 755 eSr r7v 175770 Tv, 557147 5757 705 7 7 ' .5,77 1,50 705 0705. 175511 551t1 501 175717 77757. .5 07770 77 5'525„ - a77521.7215‘57..7_11L7 777, wanted 10 "4'1 Ci n_ QA 0 65 130 260 Vacate Eadies Way, a 30 foot pubic right of way adjacent to the west side of Lots 5 thru 8, dedicated by Edgington Subdivision No. 1 and adjacent to the east 'ndary of LOt 1 of D.E. Oehler Subdivision No. 2. Prini'l on Apr 21, 2011 — , , P.INE'AV City of Kenai BRIEN CT s FOURTH-AV cKlniey THIRU.AVE_ N GIII Street Location of RQ being vacated Kenai Spur Hwy. HXiR CIR rj„r,ae1ap e,eea.tm . p,.m, preeeamkn 11./-330 nenmzu1x9arvvgh p heanyemma en lHn rtmp. o 100 300 720' Vicinity Map Printed on April May 4, 2011 Paul Voeller, Platting Officer Kenai Peninsula Borough Planning Department 144 North Binldey Street Soldotua, Alaska 99669 -7520 Grid: SK7508 ENSTAR Natural Gas Company A DIVISION OF SEMCO ENERGY Engineering Department Right of Way Section 401 E. International Airport Road P. 0. Box 190288 Anchorage, Alaska 99519 -028.8 (907) 334 -7753 FAX (907) 334 -7798 Re: Conditional Letter of Non-Objection to the Vacation related to the D.E. Oehler Subdivision Addition No: 3 Preliminary Plat; KPB File No. 2011 -040. Dear Mr. Voeller, Thank you for the opportunity to review the D.E. Oehler Subdivision Addition No, 3 Preliminary Plat. ENSTAR Natural Gas Company objects to the proposed vacation of the Eadies Way Right of Way. ENSTAR operates and maintains natural gas facilities within the proposed vacation area. ENSTAR i • 'ithdraw its objection to the proposed vacation provided ENSTAR is granted a iiv n wll. withdraw Fifteen Feet (15 FT) wide natural gas easement centered on the existing natural as distribution and service pipelines. A copy of the ENSTAR As -Built is attached for your re S incerely, Andrew Praiser Right of Way Agent ENSTAR Natural Gas Company cc: File 59 -142- IPAV - 9 2GI1 0 0 a 9) R.A WHITE GOL`NTRY _FATATE9 DE. OEHLER SK7508 T6I4R1/W SW 1/4 SECTION 31 61 NSA ,f KENAI, ALASKA March 24, 2011 with a Past, City with a Fista.re" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai,ak.us Paul Voeller, Platting Officer Kenai Peninsula Borough Planning Department 144 N. Sinkley Soldotna, AK 99669 RE: PZ11 -07 — D.E. Oehler Subdivision No, 3 & 30 -foot Right -of -Way Vacation Dear Mr. Voeller: The Planning and Zoning Commission reviewed the above - referenced plat at their meeting on March 23, 2011, and recommended approval. This subdivision is served by City water and sewer, An installation agreement is not required. The approval included the following condition for the final plat: a. Add property owners name to plat. Attached is a signed copy of the resolution, staff comments, and minutes. If you need additional information, let me know. If you need additional information, let me know. Sincerely, Nancy J. Carver Planning & Zoning Assistant cc: McLane Consulting, P.O. Box 468, Soldotna, AK 99669 -144- 62 STAFF REPORT To: Planning & Zoning Commission Date: March 10, 2011 Res: PZ11 -07 GENERAL INFOI Applicant: A TION McLane Consulting, Inc. PO Box 468 Soldotna, Alaska 99669 262 -4218 Requested Action: Legal Description: Street Address KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Preliminary Subdivision Plat — D.E. Oehler Subdivision No, 3 & 30 -foot Right -of -Way Vacation A resubdivision of D.E. Oehler Subdivision No. 2 Lot 1 KN92 -86 & Edgington Subdivision No. 1 Lots 3, 5 -8 K974 the associated Vacation of Eadies Way 30' ROW) Multiple 04315004, 04315007, 04315014, 04315015, 04315016, and 04315022 General Commercial Residential, Vacant and Church Neighborhood Commercial ANALYSIS Plat combines six lots into one larger lot containing approximately 3.377 acres. The properties are located in the General. Commercial zone. The streets adjoining the properties are maintained. The subdivision is served by City water and sewer. A single- family dwelling was built on existing Lot 5 in 1976, and is served by on -site water and sewer. Residential use is not permitted in the General Commercial zone as a principal permitted use and must be secondary to the principal use. According to the Church the building is being used for their youth ministries. This eliminates the non - conforming use. Eadies Way is an undeveloped 30 -foot platted right -of -way. Existing Lot 1, D.E. Oehler Subdivision is unsubdivided and the adjacent 30 -foot right -of -way was never dedicated. This plat vacates the dedicated 30 -foot right -of -way and maintains a 20 -foot utility easement through the new Lot 1A. An installation agreement is not required. Because the subdivision increases the lot size, an encroachment is not created by the subdivision. -145- FZl 1 -07 Comment Page 2 Public Works Director: The City has no future plans for development, and has no objection to vacation of the right -of -way. RECOMMENDATIONS Recommend approval with the following requirement: • Add property owners name to plat. ATTACHMENTS: 1.'. Preliminary Plat 2, Resolution No. PZ11 -07. 63 -146- 64 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ,11 -07 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat D.E. Oehler Subdivision No. 3 & 30 -Foot Right -of -Way Vacation was referred to the City of Kenai Planning and Zoning Commission on March 23, 2011, and received from McLane Consultina. Inc. WHEREAS, the City of Kenai Planning and Zoning Commission Ends: 1. Plat area is zoned General Commercial and therefore subject to said zone conditions. 2. Water and sewer: Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kerai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. :6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. Plat increases lot size. So, if ar, encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct, 9. CONTLNGENCEES: a. Add property owners name to plat. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING CONL IISSION OF THE CITY OF KENAI. THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES D.E. OEHLER SUBDIVISION NO.3 & 30 -FOOT RIGHT -OF -WAY VACATION SUBTECT TO ANY NEGATIVE FINDLNGS AS STATED ABOVE, PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 23. 2011. CHAIRPER ATTES -147- 65 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 -- March 9, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None TEM 4: CONSIDERATION OF PLATS 4-a. P211 -07 - D.E. Oehler Subdivision No. 3 & 30 -foot Right -of -Way Vacation. A resubdivision of D.E. Oehler Subdivision No. 2 Lot 1 hTr92 -86 & Edgington 30' ROW). Plat dsubmitted by McLane Consulting, Incassociated P.O. Box 468 Soldotna, Way Alaska. MOTION: Commissioner Romain MOVED to approve PZ1 1 -07 with the addition of the ovmer s name to the plat and Commissioner Rogers SECONDED the motion. Administrative Assistant Carver reviewed the staff report included in the packet and recommended approval. Twait read the rules of public hearing and opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Coriunissioner comments. VOTE: Bryson Koester ABSENT Romain j YES Knackstedt 1 YES YES gers I. YES Navarre IES ltivaft i YES LMOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS -- None ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 9: PENDING ITEMS -- None PLANNING AND ZONING COMMISSION MEETING MARCH 23, 2011 PAGE 2 -148- 66 Kenai Peninsula Borough Planning Department 144 North Binlley Soldotna, Alaska 99669 -7599 Toll free within the Borough 1- 800 -478 -4441, extension 2200 (907) 714 -2200 ©E {� APR 1 1 2011 KENAI. PENINSULA. isORDUGN PLANNING DEPARTMENT Petition to Vacate Public Right -of -Way /Section Line Easement Public Hearing Required Upon receipt of complete application with fees and all required attachments a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning Department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application. Fees - $300 non - refundable fee to help defray costs of advertising public hearing. Plat fees will be in addition to vacation fees. City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. EADIES WAY Name of public right -of -way proposed to be vacated is : dedicated by plat of EDGiNGTON SUBD #1 Subdivision, filed as Plat No. 574 in KENAI Recording District. ❑ Are there associated utility easements to be vacated? ❑ Yes Xi No ❑ Are easunents in use by any utility company; if so which? ❑ Easement for public road or right - of -way as set out in (specify type of document) as recorded in Book Page of the Recording District. (Copy of recorded document must be submitted with petition) • Section Line Easement. Width of easement must be shown on. sketch, ❑ Submit three copies of plat or map showing area proposed to be vacated. Must not exceed 11 x 17 inches in size. In the case of public right -of -way the submittal must include a sketch showing which parcels the vacated area will be attached to. Proposed alternative dedication is to be shown and labeled on the sketch. Has right -of -way been fully or partially constructed? lAYes ❑No Is right -of -way used by vehicles /pedestrians /other? ❑Yes No Has section line easement been constructed? ❑Yes ❑No Is section line easement being used? ❑Yes No Is alternative right -of -way being provided? ❑Yes ❑No 0 The petitioner must provide reasonable justification for the vacation. Reason for vacating: PARCELS ARE BEING COMBINED THUS ELIMINATING NEED FOR RIGHT OF WAY (SEE ATTACHED REPLAT) -149- The petition must be signed (written signature) by owners of majority of the front feet of land fronting part of right -of- way or section line easement proposed to be vacated. Each must include mailing address and Legal description of his/her property. Submitted by: Signature "1.` d?-7 --/ As: Li Petitioner Name 1Y(. e r ,err-r- 1-./I - r... li1J.t Address M C- N C.. C. t...LS.-4 ,---, -t • I r--L L Sop Lr, ©Yt -ta- "-L CR9 Cc, t.,19 Phone 4o 1 ZB's 4-z1 e Petitioners: Signature. Name Address iroiric - Owner of T - t ( _i . °1 2 -,4) Owner of Lo—r- 3 S— BCtt -t a-rq') Signature Signature Name Name Address Address Owner of 67 Owner of -150- resentauve ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT Decor Industries, Inc., whose address is 100 Trading Bay Drive, Kenai, AK 99611, Lessee under that certain Lease dated March 1, 1967, by and between the City of Kenai (Lessor) and Inlet Industries, Inc. and covering the following- described premises located in the City of Kenai, Third Judicial District: Lobs II, 2 0<. 4, Block 3, Cook Inlet Industrial Air Park (the Lease), according to Plat K -1448, hereby assigns all of its right, title, and interest in the Lease to Shilling Rentals, an Alaska partnership, whose address is 47 Spur View Drive, Kenai, AK 99611, subject to all the conditions and terms contained in the Lease as amended, The Lease was originally between the City of Kenai and Inlet Industries, Inc. and was recorded on in the Kenai Recording District at Book 28, Pages 115 — 122 on September 12, 1967. The Lease was later assigned to Decor industries Inc. which assignment is recorded in the Kenai Recording District at Book 291 Pages 74 -75 on July 17, 1986. Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee by the Lease and to pay all outstanding liabilities and obligations which may be due and owing, or may have been due and owing, prior to the effective date of this Assignment and Assumption of Lease. This Assignment and Assumption of Lease shall be governed by and constru.ed in accordance with the laws of the State of Alaska. Assignment and Assumption of Lease Agreement Page 1 of 4 L: Land /As sgn. Lse. S hi ll ing.09091 1 -151- LESSEE /ASSIGNOR DECOR INDUSTRIES, INC: By: Its: ASSIGNEE SHILLING RENTALS: By: Its: General Partner STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2011, the foregoing instrument was acknowledged before me by of Decor Industries, Inc., an Alaska corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: Assignment and Assumption of Lease Agreement Page 2 of 4 L: Land /Assgn.Lse.Shilling.090911 -152- STATE OF ALASKA THIRD JUDICIAL DISTRICT ) ss ) THIS IS TO CERTIFY that on this day of , 2011, the foregoing instrument was acknowledged before me by Partner on behalf of Shilling Rentals, an Alaska. partnership. Notary Public for Alaska. My Commission Expires: CONSENT TO ASSIGNEMNT The City of Kenai hereby consents to the assignment of the above- referenced Lease from Decor Industries, Inc. to Shilling Rentals, an Alaska Partnership. Lessor's consent to assignment shall not be deemed to be a consent to any further or subsequent sublease or assignment. This Consent is given without waiving any right or action, or releasing the Assignor from any liability or responsibility under the above - referenced Lease. By: iF KENAL Rick R. Koch City Manager Assignment and Assumption of Lease Agreement Page 3 of 4 L:Land/Assgn.Lse. S h i I ling.09091 1 -153- STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: Approved as to form: Krista S. Stearns City Attorney RECORD IN THE KENAI RECORDING DISTRICT AND RETURN TO: City of Kenai 210 Fidaigo Ave. Kenai, AK 99611 Assignment and Assumption of Lease Agreement Page 4 of 4 L:Land/Assgn.Lse.Sh illing.090911 -154- Lots 1, 2 & 4, Block 3 Cook Inlet Industrial Air Park Subdivision • 4,41 te \ y, ,. : Y /4-j6:>. 41 ` 7;41 0 Ill r ''J --' LT- -r '!ur L.. f ' +rd. i. L _ ;ir ,..e � .rr.a•�. �3�. .�... - �vm��ti� ..�. � n_v{n�R.n�i �4 T.- �.�,.:yn..rm+..�:wN�..c�ti.i. -. y +�w�i -155- June 3,2011 KENAI, ALASKA MEMO: "Village with a Past, Ci y with a Future» 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager0 " DATE: June 9, 2011 SUBJECT: Assignment and Assumption of Lease Agreement — Lots 1, 2 & 4, Block 3, Cook Inlet Industrial Air Park mkknonacti Professional Escrow Services, Inc. has requested an assignment of lease on the above referenced property from Decor Industries, Inc. to Schilling Rentals, an Alaska Partnership. The property is identified on the attached map and is airport land located outside of the Airport Reserve. The Lease is for a term of 55 years, beginning March 1, 1967 and expiring June 30, 2022. The purpose for which the lease is issued is: "As provided in the City of Kenai Zoning '..Ode." Both parties are in compliance with the City and the Kenai Peninsula Borough. The City Attorney has reviewed the attached documents and has no objection to the form. If Council approves the assignment, the Assignment of Lease and Consent to Assignment can be executed. cc: Marie L. Parker, Professional Escrow Services Attachments -156- CITY OF KENAI OFFICE OF THE CITY CLERK TITLE: CITY CLERK SUPERVISOR: CITY COUNCIL NO. SUPERVISED: 1 NORMAL HOURS/WK: 40 (Monday through Friday 8:00 a.m. — 5:00 p.m. but also requires frequent evening assignments) SERVICE TYPE: EXEMPT (Supervisory and Professional) GENERAL DESCRIPTION: The City Clerk is appointed by and reports to the Mayor and the City Council. The appointee performs all duties and assumes all responsibilities required by Alaska Statutes, the City Code and the Charter of the City of Kenai and works with the broadest level of independence with only guidelines established for final results. Areas of responsibility include provision of administrative support to the Mayor and Council, supervising City elections, administration of certain permitting and licensing programs, and records management. This position requires daily contact with the public, other City employees, and outside agencies. ESSENTIAL DUTIES AND RESPONSIBILITIES: 1. Supervises all City Clerk Department personnel. 2. Attends all meetings and work sessions of the Council and keeps the journal. 3. Prepares agendas and packets for council meetings and gives notice of the time and place of all public meetings (including those of boards and commissions) in accordance with state and local public notice requirements. 4. Supervises City elections, assures compliance with the Federal Voting Rights Act of 1965 (as amended), assists with state and federal elections, and acts as voter registrar for the State of Alaska. 5. Acts as liaison between the City Council, administrative departments, state and federal agencies, and the general public. In conjunction with the City Attorney, provides for the codification of City ordinances. Has ultimate responsibility for the management of all City records including development of retention schedules and procedures for inventory, storage, and destruction of records as necessary. Maintains custody of the official city seal and attests to all deeds, contracts and other legal documents of the City. Maintains and provides copies upon request of official records and documents. 10. Prepares and administers the annual budget for the City Council, the City Clerk and Records Management. 11. Administers oaths of office and acts as notary public. 12. Provides necessary transcripts and certifications for bond issues. 13. Composes proclamations and resolutions as requested. 14. In conjunction with the City Attorney acts as parliamentary advisor for the City Council. 15. Administers the petition process for initiative, referendum and recall, including preparation, issuance and certification of the petitions. 16. Administers the Local Improvement District (LID) petition process and maintains files of current LIDs. 17. Serves as secretary to the Board of Adjustment and other boards of appeal. 18. Administers permitting and licensing programs for the City. 19. Performs other related duties as requested by the City Council or as required by law. MINIMUM QUALIFICATIONS: Completion of a Bachelor's degree in public administration or an equivalent combination of experience and training displaying at least five years of high level administrative and /or management experience requiring independent judgment and initiative, preferably in the area of municipal government. Appointee must be familiar with state and local legislative and election procedures. Certified Municipal Clerk (CMC) certification must be attained within three years of appointment. LICENSES AND SPECIAL REQUIREMENTS: 1. At City expense, must obtain (and maintain) a notary public certificate and seal. A valid Alaska driver's license or the ability to obtain one within 30 days of employment or prior to operating a City vehicle may be required. The Applicant may be subject to background investigations, including but not limited to a criminal background check. The employee must be available to work varying schedules including weekends, City holidays, religious holidays, and into the late evening hours. WORKING ENVIRONMENT: The work environment is typically in an indoor office and community room setting, adequately heated, lighted, and ventilated. The City Clerk must work during daytime and nighttime hours. The employee must attend public meetings, often at night. The appointee must occasionally travel to other areas in the community, particularly public office buildings. PHYSICAL DEMANDS: While performing the duties of this job, the employee is regularly required to communicate orally and to use hands dexterously to operate office equipment (e.g., computers, telephones, photocopiers, keyboards, scanners, and other general office equipment). The employee must be able to communicate orally in person and on the telephone. The employee is frequently required to sit for long periods of time and is occasionally required to stand, walk, stoop, bend, crouch, lift, and reach with hands and arms. The employee must occasionally transport up to 40 pounds. Specific vision abilities required include close vision and ability to adjust focus. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. MISCELLANEOUS INFORMATION: The City of Kenai is an equal opportunity employer. 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. The City does not discriminate against the qualified disabled in employment. Department Title /Subject Author Date Office of the City Clerk 1 City Clerk I City Attorney 6/15/2011 Revised Date Revision No. Dept. Head Approval City Attorney Approval City Council Approval Pages 6/15/2011 1 3 Clerk Works Alaska PROPOSAL To: Pat Porter, Mayor City of Kenai Date: June 6, 2011 Project: City Cleric Recruitment PHASE 1 - Recruitment of New City Clerk. Contractor wail provide the following SeiViCES: z Update the current job description to include statutonj and local code requirements for ite position along with other duties as set forth by the City Council s Provide ad copy and list of publications for posting the position to the City Manager. 4 Review and rate applications received for final review by the Mayor anti Council. e Supply a list of Interview questions for use by the Mayor and Council in interviewing the top applicants. TOTAL COST FOR PHASE S1_,SCaRti PHASE 2 - On-Site Assistance in Clerk's OfRoa. Contractor wilt provide the foliowing services as requested: Assist Acting City Clerk with day-to-day activities ir the Cierkr's Office dattudind: o Preparation of Council Packets e Drafting memoranda and resolutions c Answering correspondence. o Attending Council- Meetings cri Staffing office if ActnCierk1 unavailable- o Providing assistance with preparation of 2011 election materials if needed O Other duties as requested G7-262-16E6 .17= 907-262-8485 EC, lin,: 41'24 Solciotna, AK 996E9-4124 sineiSingenthanialan inatimai4464•40441dacia PHASE 2 COSTS: 6.50.05/1-iour for actual tithe worked- -157- KEN , A SKA tii'laye with a Past, Gi y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMOR DUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk DATE: June 10, 2011 RE: ITEM G-11 Action/Approval -- Granicus, Inc. Service Agreement As previously identified, Granicus, Inc. purchased the City's former audio streaming /archiving contractor, Webcasting.com. Th.e contract with Webcasting.com was honored by Granicus. In the Clerks FY12 budget, a request was made to upgrade the current audio streaming /archiving program to Granicus, Inc.'s Open Platform, Government Transparency and Meeting Efficiency Suite. The attached service agreement will provide for City Council and Planning & Zoning Commission meetings to be streamed and archived to agendas. In addition, unlimited meetings may be streamed at no additional costs (work sessions, commission /committee meetings, however with this agreement those additional meetings would not be archived to agendas but could be added for additional cost if desired at some time in the future). City Attorney Stearns has reviewed the agreement and stated no objections to its approval. Does Council wish to approve the Granicus, Inc. Service Agreement? -158- GRANICUS, INC. SERVICE AGREEMENT THIS SERVICE AGREEMENT (the "Agreement "), dated as of June 10, 2011 (the "Effective Date "), is entered into between Granicus, Inc. ( "Granicus "), a California Corporation, and City of Kenai, AK (the "Client "). A. WHEREAS, Granicus is in the business of developing, licensing, and offering for sale various streaming media solutions specializing in Internet broadcasting, and related support services; and B. WHEREAS, Granicus desires to provide and Client desires to (i) purchase the Granicus Solution as set forth in the Proposal, which is attached as Exhibit A, and incorporated herein, to facilitate streaming and distribution of live and archived digital media content, (ii) engage Granicus to integrate its Granicus Software onto the Client Website, (iii) use the Granicus Software subject to the terms and conditions set forth in this Agreement, and (iv) contract with Granicus to administer the Granicus Solution through the Managed Services set forth in Exhibit A. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, covenants, representations and warranties herein contained, the parties hereto agree as follows: 1. GRANICUS SOFTWARE AND MANAGED SERVICES. 1.1 Software and Services. Subject to the terms and conditions of this Agreement, Granicus will provide Client with the Granicus Software, Professional Services, and Managed Services that comprise the Granicus Solution as outlined in Exhibit A. GRANT OF LICENSE. 2.1 Ownership. Granicus, and /or its third party supplier, owns the copyright: and/or certain proprietary information protectable by law in the Granicus Software. 2.2 [Ise. Granicus agrees to provide Client with a revocable, non - transferable and non - exclusive license to access the Granicus Software listed in the Solution Description and a revocable, non- sublicensable, non - transferable and non - exclusive right to use the Granicus Software. All Granicus Software is proprietary to Granicus and protected by intellectual property laws and international intellectual property treaties. Pursuant to this Agreement, Client may use the Granicus Software to perform its own work and work of its customers /constituents. Cancellation of the Client's Managed Services will also result in the immediate termination of the Client's Software license as described in Section 2.2 hereof. 2.3 Limited Warranty; Exclusive Remedies. Subject to Sections 6.1 and 6.2 of this Agreement, Granicus warrants that the Granicus Software, as provided by Granicus, will substantially perform in accordance with its applicable written specifications for as long as the Client pays for and receives Managed Services. Client's sole and exclusive remedy for any breach by Granicus of this warranty is to notify Granicus, with sufficient detail of the nonconformance,, and provide Granicus with a reasonable opportunity to correct or replace the defective Granicus Software. Client agrees to comply with Granicus' reasonable instructions with respect to the alleged defective Granicus Software. 2.4 Limitations. Except for the Geense in Section 2.2, Granicus retains all ownership and proprietary rights in and to the Granicus Software, and Client is not permitted, and will not assist or permit a third party, to: (a) utilize the Granicus Software in the capacity of a service bureau or on a time share basis; (b) reverse engineer, decompi.le or otherwise attempt to derive source code from the Granicus Software; (c) provide, disclose, or otherwise make available the Granicus Software, or copies thereof, to any third party; or (d) share, loan, or otherwise allow another Meeting Body, in or outside its jurisdiction, to use the Granicus Software, or copies thereof, except as expressly outlined in the Proposal. PAYMENT OF FEES 3.1 Client agrees to pay all costs as outlined in Exhibit A. 3.2 Monthly billing for Managed Services shall begin forty -five (45) days after the receipt of a fully executed Agreement or the receipt of a purchase order for the up -front costs, whichever occurs first, as agreed upon in Exhibit A.. 3.3 Client agrees to pay all invoices from Granicus within thirty (30) days of receipt of invoice, provided that Client agrees to pay the M.anaged Services Fee to Granicus on a monthly basis, no later than the first day of each month in advance of services. Granicus, Inc. shall send all invoices to: Name: Carol Freas Title: City_ Clerk Address: 210, Fidalgo Avenue, Kenai, AK - 99611 3.4 Upon renewal of this Agreement, Granicus may include (in which case Client agrees to pay) a maximum increase of the current CPI percentage rate (as found at The Bureau of Labor and Statistics website http: / /www.bls.gov /CPI /) or three (3) percent a year on Client's Managed Services Fee, whichever is larger. 3.5 Training Cancellation Policies. Granicus' policies on Client cancellation of scheduled train hags are as follows: (a) Onsite Training. For any cancellations within forty -eight (48) hours of the scheduled onsite training, Granicus, at its sole discretion, may invoice the Client for one hundred (100) percent of the purchased training costs and all travel expenses, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted. pricing. (h) Online Training. For any cancellations within twenty -four (24) hours of the scheduled online training, Granicus, at its sole discretion,, may invoice the Client for fifty (50) percent of the purchased training costs, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. 3.6 Additions. Granicus, at its' sole discretion, may add features or functionality to existing product suite bundles for various reasons, including to enhance Granicus' offerings, or improve user satisfaction. During the initial period of this Agreement, the customer understands that the use of these additional products is included in the originally agreed upon monthly managed services fees. Pa e2 -10- At contract renewal, the customer acknowledges that this added functionality may have additional monthly managed service charges associated with it and that monthly managed services rates on renewals may have a higher rate than preceding years. 4. CONTENT PROVIDED TO GRANICUS 4.1. Responsibility for Content. The Client shall have sole control and responsibility over th'e determination of which data and information shall be included in the Content that is to be transmitted, including, if applicable, the determination of which cameras and microphones shall be operational at any particular time and at any particular location. However, Granicus has the right (but not the obligation) to remove any Content that Granicus believes violates any applicable law or this Agreement. 4.2 Restrictions. Client shall not provide Granicus with any Content that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii) violates any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control and e- mail /span; (iii) is defamatory or trade libelous; (iv) is pornograph.ic or obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes unlawful content or activity; (v) contains any viruses, or any other similar software, data, or programs that may damage, detrimentally interfere with, intercept, or expropriate any system, data, information, or property of another. 5. TRADEMARK OWNERSHIP. Granicus and. Client's Trademarks are listed in the Trademark information exhibit attached as Exhibit D. 5.1 Each Party shall retain all right, title and interest in and to their own Trademarls, including any goodwill associated therewith, subject to the limited license granted to the Client pursuant to Section 2 hereof, Upon any termination of this Agreement, each Party's right to use the other Party's Trademarks pursuant to this Section 5 terminates. 5.2 Each party grants to the other a non- exclusive, non - transferable (other than as provided in Section 5 hereof), limited license to use the other party's Trademarks as is reasonably necessary to perform its obligations under this Agreement, provided that any promotional materials containing the other party's trademarks shall be subject to the prior written approval of such other party, which approval shall not be unreasonably withheld. 6. LIMITATION OF LIABILITY 6.1 Warranty Disclaimer. Except as expressly provided herein, Granicus' services, software and deliverables are provided `as is" and Granicus expressly disclaims any and all express or implied warranties, including but not limited to implied warranties of merchantability, non - infringement of third party rights, and fitness for a particular purpose. Granicus does not warrant that access to or use of its software or services will be uninterrupted or error free, In the event of any interruption, Granicus' sole obligation shall be to use commercially reasonable efforts to restore access. 6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law, Granicus and its suppliers and licensors shall not be liable for any indirect, special, incidental, consequential, or punitive damages, whether foreseeable or not, including but not limited to: those arising out of access to or inability to access the services, software, content, or related technical support; damages or costs relating to the loss of: profits or revenues, goodwill, data (including loss of use or of data, loss or inaccuracy or corruption of data); or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages and even in the event of the failure of any exclusive remedy. In no event will Granicus' and its suppliers' and licensors' liability exceed the amounts paid by client under this agreement regardless of the form of the claim (including without limitation, any contract, product liability, or tort claim (including negligence, statutory or otherwise). 7. CONFIDENTIAL INFORMATION & OWNERSHIP. 7.1 Confidentiality Obligations. Confidential Information shall mean all proprietary or confidential information disclosed or made available by the other party pursuant to this Agreement that is identified as confidential or proprietary at the time of disclosure or is of a nature that should reasonably be considered to be confidential, and includes but is not limited to the terms and conditions of this Agreement, and all business, technical and. other information (including without limitation, all product, services, financial, marketing, engineering, research and development information, product specifications, technical data, data sheets, software, inventions, processes, training manuals, know -how and any other information or material), disclosed from time to time by the disclosing party to the receiving party, directly or indirectly in any manner whatsoever (including without limitation, in writing, orally, electronically, or by inspection); provided, however, that Confidential Information shall not include the Content that is to be published on the website(s) of Client. 7.2 Each party agrees to keep confidential and not disclose to any third party, and to use only for purposes of performing or as otherwise permitted under this Agreement, any Confidential Information. The receiving party shall protect the Confidential Information using measures similar to those it takes to protect its own confidential and proprietary information of a similar nature but not less than reasonable measures. Each party agrees not to disclose the Confidential Information to any of its Representatives except those who are required. to have the Confidential Information in connection with this Agreement and then only if such Representative is either subject to a written confidentiality agreement or otherwise subject to fiduciary obligations of confidPnriaiity that cover the confidential. treatment of the Connrientin l information. 7.3 Exceptions. The obligations of this Section 7 shall not apply if receiving party can prove by appropriate documentation that such Confidential Information (i) was known to the receiving party as shown by the receiving party's files at the time of disclosure thereof, (ii) was already in the public domain at the time of the disclosure thereof, (iii) entered the public domain through no action of the receiving party subsequent to the time of the disclosure thereof, or (iv) is required by law or government order to be disclosed by the receiving party, provided that the receiving party shall (i) notify the disclosing party in writing of such required disclosure as soon as reasonably possible prior to such disclosure, (ii) use its commercially reasonable efforts at its expense to cause such disclosed Confidential Information to be treated by such governmental authority as trade secrets and as confidential. 8. TERM 8.1 The term of this Agreement shall commence on the date hereof and shall continue in full force and effect for eighteen (18) months after the date hereof. This Agreement shall automatically renew for an additional three (3) terms of one (1) year each, unless either party notifies the other in writing at least thirty (30) days prior to such automatic renewal that the party does not wish to renew this Agreement. Pa e4 -12- 8? Rights Upon Termination. Upon any expiration or termination of this Agreement, and unless otherwise expressly provided in an exhibit to this Agreement: (a) Client's right to access or use the Granicus Solution, including Granicus Software, terminates and Granicus has no further obligation to provide any services; (b) Client has the right to keep any purchased hardware, provided that Client removes and/or uninstalls any Granicus Software on such hardware, However, if Client has received hardware as part of a Granicus Open Platform Suite solution ( "Open Platform Hardware "), Client understands that upon termination of this Agreement, Client shall immediately return the Open Platform Hardware to Granicus, Inc. The Open Platform Hardware must be returned within 'Fifteen (15) days of termination, and must be in substantially the same condition as when originally shipped, subject only to normal wear and tear; and (c) Client shall immediately return the Granicus Software and all copies thereof to Granicus, and within thirty (30) days of termination, Client shall deliver a written certification to Granicus certifying that it no longer has custody of any copies of the Granicus Software. 8.3 Obligations Upon Termination. Upon any termination of this Agreement, (a) the parties shall remain. responsible for any payments that have become due and owing up to the effective date of termination; (b) the provisions of 2.1, 2.4, 3, 4, 5, 6.1, 62, 7, 8.3, and 10 of the agreement, and applicable provisions of the Exhibits intended to survive, shall survive termination of this Agreement and continue in full force and effect; (c) pursuant to the Termination or Expiration Options Regarding Content, Granicus shall allow the Client limited access to the Client's Content, including, but not limited to, all video recordings, timestamps, indices, and cross - referenced documentation. The Client shall also have the option to order hard copies of the Content in the form of compact discs or other equivalent format; and (d) Granicus has the right to delete Content within sixty (60) days of the expiration or termination of this Agreement. 9. PATENT, COPYRIGHT AND TRADE SECRET INFRINGEMENT. 9.1 Granicus' Options. If the Granicus Software becomes, or in Granicus' opinion is likely to become, the subject of an infringement claim, Granicus may, at its option and sole discretion, (i) obtain for Client the right to continue to use the Granicus Software as provided in this Agreement; (ii) replace the Granicus Software with another software product that provides similar functionality; or (iii) if Granicus determines that neither of the foregoing options are reasonably ava.ila.ble, Granicus may cease providing the applicable services or require that Client cease use of and destroy the Granicus Software. In that event, and provided that Client returns or destroys (and certify to such destruction of) all copies of the Granicus Software in Client's possession or control, if any, Granicus will refund to Client all license fees paid by Client under the current Agreement. 10. MISCELLANEOUS. 10.1 Amendment and Waiver. This Agreement may be amended, modified, waived or canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Any failure by either party to strictly enforce any provision of this Agreement will not be a waiver of that provision or any further default. 10.2 Governing Law. The laws of the State of California shall govern the validity, construction, and performance of this Agreement, without regard to its conflict of law principles. 10.3 Construction and Severabil,ity. Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect. 10.4 Independent Contractors. The parties are independent contractors, and no other relationship is intended by this Agreement. 10.5 Force Majeure. Other than payment obligations, neither party is responsible for any delay or failure in performance if caused by any event outside the reasonable control of the party, including without limitation acts of God, government regulations, shortage of supplies, act of war, act of terrorism, earthquake, or electrical, internet or telecommunications outage. 10.6 Closed Captionina Services. Client and Granicus may agree that closed captioning or transcription services will be provided by a third parry under this agreement. In such case, Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such independent third party. [The remainder of this page left: hianlc intentionally] Pa 6 e46 -1- This Agreement consists of this Service Agreement as well as the following exhibits, which are incorporated herein by reference as indicated: Exhibit A: Proposal Exhibit B: Support Information Exhibit C: Hardware Exhibit Exhibit D: Trademark Information Exhibit E: Termination or Expiration Options Regarding Content IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, GRANICUS, INC. By: Ed Roshitsh Its: Chief Operating Officer Address: 568 Howard Street, Suite 300 San Francisco, CA 94105 [INSERT CLIENT NAMEI By: Name: Its: Address: Date Pa5e- -16- 7 EXHIBIT A Pricing 1 Product Name 1 Quantity Unit Price (Up- Unit Price i Front) (Monthly) 1 Open Platform, Base .Suite 1 $0.00 $330.00 Government Transparency Suite 1 $0.00 $330.00 50.00 5340.00 $125.00 $0.00 52,175.00 $0.00 Professional Services Government Transparency 1 G $2,900.00 i $0.00 1 Meeting, Efficiency Suite US Shipping Charge 13 - Large Item Meeting Efficiency Suite Professional Services G T Total 55200.00 51000.00 *Promotional Discount MOV 11: 50% Off Government Transparency & _$335.00 /month I Meeting Efficiency Suite Monthly Managed Services Until Jan lm 2012 10.6 *This promotion does not alter or delay the date on which your upfront payments will be due as defined in the Granicus Service Agreement Offer valid until .Tune 30, 2011. As part of this promotion, the client will receive 50% off Monthly Managed Services until January 1, 2012. This offer is valid only with the purchase of these products: Government Transparency Suite, Meeting Efficiency Suite, Legislative Management Suite, Citizen Participation Suite, the Training Management Suite, and the Performance Management Suite. Discounted billing for Monthly Managed Services will start after deployment has been completed, Clients are responsible to pay their Monthly Managed Service fees in full starting .January 1, 2012, billing for this period starts on December 15, 201.1. Upfront costs are not affected by this promotion. Discounts may not apply to Managed flardware/Open Platform monthly fees, certain restrictions apply. For sales including managed hardware, deployment will not begin unless a signed contract has been received. Total Monthly: $2000.00 Total Upfront: $5200.00 Included Meeting Bodies for Meeting Efficiency Suite 1. Kenai City Council 2. Kenai Planning and Zoning Pa -1 6 e8 6- EXHIBIT B SUPPORT INFORMATION Contact Information. The support staff at Granicus may be contacted by the Client at its mailing address, general and support-only telephone numbers, and via e -mail or the Internet. (a) Mailing Address. Mail may be sent to the support staff at Granicus headquarters, located at 568 Howard Sweet, Suite 300, San Francisco, Caiifornia, 94105. (b) Telephone Numbers. Office staff may be reached from 8:00 AM to 7:00 PM Pacific time at (415) 357 -3618 or toll -free at (877) 889 -5495. The technical support staff may be reached at (415) 655 -2400 from 8 :00 AM. to 7:00 PM Pacific time. After hours or in case of a technical support emergency, the support staff may be reached at (415) 655 -2414, twenty -four (24) hours a day, seven (7) days a week. (c) Internet and E -mail Contact Information. The website for Granicus is http: / /www.aranicus.com. E -mail may be sent to the support staff at support(a�granicus. com. Pa-167e9 - Recognized Client Representatives. Granicus strives to provide unparalleled support to its Clients by ensuring that Client staff is properly educated and is prepared to maximize its Granicus Solution. Any Client Representative who wishes to participate and receive Granicus customer advocacy services shall participate in and complete the training program that is suited for the Granicus Solution. Once a Client Representative completes the training, that Representative will be recognized. in Granicus' internal system as qualified to receive support and ongoing education services. All Client Representatives are eligible to receive technical support services, regardless of participation in the training program. 3. Support Policy. When Granicus received notification of an issue from Client, a Granicus account manager or technical support engineer will respond directly to the Client via phone or e -mail with (a) an assessment of the issue, (b) an estimated time for resolution, and (c) will be actively working to resolve the issue as appropriate for the type of issue. Notification shall be the documented time that Granicus receives the Client's call or e -mail notifying Granicus of an issue or the documented time that Granicus notifies Client there is an issue. Granicus reserves the right to modify its support and maintenance policies, as applicable to its customers and licensees generally, from time to time, upon reasonable notice. 4. Scheduled Maintenance. Scheduled maintenance of the Granicus Solution will not be counted as downtime. Granicus will clearly post that the site is down for maintenance and the expected duration of the maintenance. Granicus will provide the Client with at least two (2) days prior notice for any scheduled maintenance. All system maintenance will only be performed during these times, except in the case of an emergency. In the case that emergency maintenance is required, the Client will be provided as much advance notice, if any, as possible under the circumstances. 5. Software Enhancements or Modifications. The Client may, from time to time, request that Granicus incorporate certain features, enhancements or modifications into the licensed Granicus Software. Subject to the terms and conditions to this exhibit and the Service Agreement, Granicus and Client will use commercially reasonable efforts to perform all tasks in the Statement of Work ( "SOW"). Upon the Client's request for such enhancements/modifications, the Client shall prepare a SOW for the specific project that shall define in detail the Services to be performed. Each such SOW signed by both parties is deemed incorporated in this exhibit by reference. Granicus shall submit a cost proposal including all costs pertaining to furnishing the Client with the enhancements/modifications. 5.1 Documentation. After the SOW has been executed by each party, a detailed requirements and detailed design document shall be submitted illustrating the complete financial terms that govern the SOW, proposed project staffing, anticipated project schedule, and other information relevant to the project. Such enhancements or modifications shall become part of the licensed Granicus Software. 5.2 Acceptance. Client understands that all work contemplated by this exhibit is on a `time- and- materials" basis unless otherwise stated in the SOW. Within ten (10) business days of Granicus' completion of the milestones specified in the SOW and delivery of the applicable enhancement /modification to Client, Client will provide Granicus with written notice of its acceptance or rejection of the enhancement/modification, based on the acceptance criteria set forth in the SOW. Client agrees that it will not reject any enhancement /modification so long as it substantially complies with the acceptance criteria. 5.3 Title to Modifications. All such modifications or enhancements shall he the sole property of the Granicus. 6. Limitation of Liability: Exclusive Remedy. IN THE EVENT OF ANY INTERRUPTION, GRANICUS' SOLE OBLIGATION, AND CLIENT'S EXCLUSIVE REMEDY, SHALL BE FOR Page -it8- GRANICUS TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS AS SOON AS REASONABLY POSSIBLE. [End of Support Information] EXHIBIT C GRAMICUS, INC. HARDWARE EXHIBIT THIS HARDWARE EXHIBIT is entered into by Granicus and Client, as an attachment to the Service Agreement between Granicus and Client, for the sale of the hardware components of the Granicus Solution (the "Hardware ") by Granicus to Client. This exhibit is an additional part of the Service Agreement and is incorporated therein by reference. This exhibit does not change any term of the Service Agreement except to the extent it is contrary to the Service Agreement. Capitalized terms used but not defined in this exhibit ha.ve the meanings given in the Service Agreement. I . Purchase Price. The purchase price for the Hardware shall be the price specified in the Proposal. 2. Title. and Delivery. Any scheduled ship date quoted is approximate and not the essence of this exhibit. Delivery is F.O.B. Granicus' point of shipment. Granicus will select the shipment method unless otherwise mutually agreed in writing. The risk of loss passes to Client upon delivery to the carrier at Granicus' point of shipment. Granicus retains title to the Hardware until Granicus has received payment in full of all sums due pursuant to this exhibit. Granicus retains title to and ownership of all Granicus Software installed by Granicus on the Hardware, notwithstanding the use of the term "sale" or "purchase." S. Acceptance. Use of the Hardware by Client, its agents, employees or licensees, or the failure by Client to reject the Hardware within fifteen (1.5) days following delivery of the Hardware, constitutes Client's acceptance. Client may only reject the Hardware if the Hardware does not conform to the applicable written specifications. 4. Hardware Warranty. Granicus will provide to Client any warranty provided. by the manufacturer with respect to the Hardware. Granicus shall repair or replace any Hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials as long as such Hardware is then under the manufacturer's warranty. 5. Service Response Time. For hardware issues requiring replacement, Granicus shall respond (via written or verbal acknowledgment) to the request made by the Client within twenty -four (24) hours. Hardware service repair or replacement will occur within seventy -two (72) hours of the request by the Client, not including the time it takes for the part to ship and travel to the Client. The Client shall grant Granicus or its Representatives access to the Hardware for the purpose of repair or replacement at reasonable times. Granicus will keep the Client informed regarding the time frame and progress of the repairs or replacements. 6. Use of Non- Approved Hardware. The Granicus platform is designed and rigorously tested based on Granicus - approved hardware. In order to provide the highest level of support, we ,recommend including Granicus - approved hardware in your solution. However, Granicus does afford clients with the option of utilizing their own hardware, provid.in.g that there is successful validation by Granicus technical Page -11169- staff. While it is Granicus' intention to provide clients that use their own hardware with the same level of customer care and continuous software upgrades, this level of service is not guaranteed. 7. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING THE MAINTENANCE PROVIDED UNDER SECTION 4 ABOVE, THE SOLE WARRANTY ON THE HARDWARE IS ANY MANUFACTURER'S WARRANTY AS PROVIDED IN SECTION 1 ABOVE, AND GRANICUS DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT, WITH RESPECT TO THE HARDWARE. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF GRANICUS. h. LIMITATION OF LIABILITY. GRANICUS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE OR. INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS EXHIBIT INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, IN NO EVENT WILL GRANICUS' LIABILITY TO CLIENT ARISING OUT OF OR RELATING TO THIS EXHIBIT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID TO GRANICUS BY CLIENT FOR TH.E HARDWARE. [end of Hardware Exhibit] Page EXHIBIT D TRADEMARK INFORMATION Granicns Registered Trademarks ® granicus. Oranicus logo as a mark Cl'a11YCLiJ' " MediaVaule Mobile Encoder® Outcast Eiicoder® StreamR.eplicator® Granicus Trademark Names TM Integrated Public Record intelligent Routing'M Li nkedlVtinutes'M LiveManager'TM MediaCenter Med iaManager M MeetingMember'M MeetingServer'"' Simulcast Encoder — V oteCast'M VoteCastTM Classic VoteCastm Touch Client Trademarks Page i71- EXHIBIT E TERMINATION OR EXPIRATION OPTIONS REGARDING CONTENT In case of termination by Client or expiration of the Service Agreement, Granieus and the Client shall work together to provide the Client with a copy of its Content. The Client shall have the option to choose one (1) of the following methods to obtain a copy of its Content: a Option 1: Video files on DVR and a compact disc (CD) that contains the index and clip name data in CSV or XML format will be created and sent to the Client. This option may result in an additional charge to Client. a Option 2: Provide the Content via download from MediaMan.ager or from a special site created by Granicus. This option shall be provided free of charge. • Option 3: Granicus shall provide the means to pull the content from the MediaVault in CSV or XML format. This option shall be provided free of charge. The Client and Grantees shall work together and make their hest efforts to transfer the Content within the sixty (60) day termination period. Granieus has the right to delete Content from its services after sixty (60) days. Page_ ..... -._.__...__.._._. -it2- rantcus. 'onnef-tln2 government 04/15/2011 Dear Carol, Thank you for considering Granicus. On the following few pages, I have included a quote for Granicus Open Platform, Government Transparency and Meeting Efficiency product suites for City of Kenai, AK If I can be of further assistance, please contact me at 408 -768 -8795. Most Sincerely, Ramkumar Annasami Account Manager Granicus, Inc. -173- granicus0 on .ecnn Quern men t Proposed Solution Granicus Open Platform, Government Transparency and Meeting Efficiency Suite Pricing Product Name Open Platform, Base Suite Government Transparency Suite Meeting Efficiency Suite Quanti 2 US Shipping Charge B • Large Item 1. eeting Efficiency Suite Professional Services Government Transparency Professional Services Total Unit Price (Up- Front S0.00 $0,00 $0.00 $125.00 $2,175.00 $2,900.00 $5200.00 *Promotional Discount MOYI1: 50% Off Government Transparency & Meeting Efficiency Suite Monthly Managed Services Until Jan F 201'2 Unit Price (Monthly) $330.00 $330.00 $340.00 $0.00 $0.00 $0.00 $1.000.00 5.00 /month *This promotion does not alter or delay the date on which your upfront payments will he due as defined in the Granions Service Agreement. Offer valid until June 30, 2011. As part of dos promotion, the client will receive 50% off Monthly Managed Services until January 1, 2012. This offer is valid only with the purchase of these products: Government Transparency Suite, Meeting efficiency Suite, Legislative Management Suite, Citizen Participation Suite, the Training Management Suite, and the Performance Management Suite. Discounted hiiline for Monthly Managed Services will start after deployment has been completed. Clients are responsible to pay their Monthly Managed Service fees in full starting January 1, 2012, billing Inc this period starts on December 15, 2011. Up -front costs are not affected by this promotion. Discounts may not apply to Managed Hardware /Open Platform monthly fees, certain restrictions apply. For sales including managed hardware, deployment will not begin unless a signed contract has been received. Total Monthly: 53000.00 Total Upfront: $5200.00 .udieai. Meeting Bodges pnr Meeting i f'flciency Suite 1. Kenai City Council 2. Kenai Planning and Zoning www.graniru; .morn s 568 Howard Street, Suite 300, San Francisco, CA 94105 (415) 7-361B -174- Page 2 granicu& connecting government M .'. «lrsV^s1.nas rma7.1.51MISSaraaIMV ups..,:VIS. OISS'I,i..xa S ,uiralaVara..'"aia.'all,, ,F <_a....i'IC V.a, aaff 4 MT A... Benefits of Gramicus Open Pkat:forr and. Suites .ran ,.. st 3 The Granicus® Open Platform allows you to stream an unlimited number of meetings and events online and over mobile devices - play video in Flash, HTMLS and Silverlight. Publish all of your content online with indefinite retention schedules. Rely on the Open Platform's Unified Encoder to give you unlimited bandwidth, storage, and intelligent routing. You can also access a library of community content and start publishing videos immediately. Finally, leverage an open architecture and connect in -house or third -party solutions to Granicus. • Stream unlimited meeting bodies and events • Indefinite retention schedules • Intelligent media routing • Community content library • Open architecture and SDK Government Transpm The Government Transparency Suite gives your citizens access to public meetings and records online. Take the next step towards greater transparency and link related documents to your video, offer your full agenda packet, and provide keyword searching of archives. Go paperless with ability to view and take notes directly on the iPad for agenda packets. Reach a broader audience through downloadable formats (MP3, MP4) compatible with mobile devices. Granicus reporting tools give you a detailed analysis of visitor statistics to help you better understand viewership trends. • Publish agenda packets with video • Link relevant materials • View and take notes on agenda packets directly on the iPad • Offer downloadable formats (MP3 & MP4) Page 3 www.5ranlcus.com 568 Howard Street, Suite 303, San Francisco, CA 94105 -175- grancus • ca et:tin, government lug The Meeting Efficiency Suite is an automated solution that combines minutes with a meetings recording. Capture and publish minutes, saving staff time and cutting administrative costs. Record roll -call, agenda items, speakers, motions, votes, and notes through a simple interface. After the meeting, finalize minutes quickly and easily in Microsoft Word'TM. • Meeting preparation tools • Live minutes automation • Quick notes and text expansion • Minutes editing and publishing • Generate Linked Minutes CITY OF NEWPORT REACH 86r)- .�....�v.,...�.�. Exclusive/ r;n&i ce rc -ctty +,'crc G£t 1-4 /Jfd. Implementation Timeline We can typically get your organization live with its new Granicus solution within 45 days of receiving your Purchase Order or Signed Service Agreement. At this point, we consider your deployment in progress and will schedule a Kickoff Call with key players at your organization and Granicus. You can follow your agency's progress 24x7 with nur online deployment tracker tool, helping you stay on schedule for you next big milestone. We know how exciting it can be to get your Granicus solution up and running, so to help things run quickly and smoothly it's important that resources are allocated for at your agency. Granicus is dedicated to ensuring that your deployment stays on track and meets your needs. Next Steps w Budget for project in April 2011 ® Complete Network Assessment Call e Negotiate on Contract • Issue PO • Schedule Project Kick-off Call uwew.gr'anicus.coln 5 &£t Howard Street, Suite 300, San Francisco, CA 94105 (415) 357 -3618 -176- Page 4 1 COMMISSION COMMITTEE BOARD MEETING SUMMARIES AND MINUTES PENDING APPROVAL KENAI HARBOR COMMISSION MEETING CLERK'S CONFERENCE ROOM JUNE 6, 2011 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 11, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- 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. ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. July 11, 2011 (Identify if you are requesting an excused absence.) ITEM 9: COMMISSIONER COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of May 4 and 18, 2011, b. Letter from City Planner Kebschull regarding Comprehensive Strategic Planning Session of April 23, 2011. ITEM 12: ADJOURNMENT -178- KENAI HARBOR COMMISSION MEETING JUNE 6, 2011 7:00 P.M. CLERK'S CONFERENCE ROOM CHAIR PHIL MORIN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Morin called the meeting to order at approximately 7 :00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: P. Morin, B. Osborn, W. Nelson, R. Peters, T. Thompson, B. Eldridge V. Askin Acting Public Works Director K. Lyon, Council Member R. Molloy AGENDA APPROVAL Commissioner Osborn MOVED to approve the agenda as presented and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MOTION: APPROVAL OF MEETING SUMMARY -- April 11, 2011 Commissioner Eldridge MOVED to approve the meeting summary of April. 11, 2011 and Commissioner Thompson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS 6 -a. Discussion -- 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. Council Member Molloy reviewed the ordinance. General discussion occurred. -179- MOTION: Commissioner Osborn MOVED to request Council investigate providing discounted annual passes to residents for boat launch use based on operating costs of the facility paid by Kenai taxpayers. Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7 -a. Director -- Acting Public Works Director Lyon reported the following: • The dock was open and the pilings set. The mud at the dock was deep and may need dredging. • The restroorn water softener failed and a new unit was on order to be delivered in three weeks. • There had been four drift boats to date. 7 -b. City Council Liaison -- Council Member Molloy reviewed the June 1, 2011 City Council Action Agenda which was included in the packet. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. July 11, 2011 (Identify if you are requesting an excused absence.) No Commissioners requested an excused absence for the July 11, 2011 meeting. ITEM 9: COMMISSIONER COMMENTS /QUESTIONS -- None ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of May 4 and 18, 2011. 11 -b. Letter from City Planner Kebschull regarding Comprehensive Strategic Planning Session of April 23, 2011. ITEM 12: ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:55 p.m. HARBOR COMMISSION MEETING JUNE 6, 2011 PAGE 2 -180- Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -181- HARBOR COMMISSION MEETING JUNE 6, 2011 PAGE 3 PENDING APPROVAL KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JUNE 7, 2011 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 3, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Mary White -- Children's Librarian ITEM 5: OLD BUSINESS a. Discussion -- Grand Opening Celebration ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. duly S, 0011 ITEM 9: COMMISSION COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agenda Items from May 4 and 18, 2011. b. May 10, 2011 Friends of the Kenai Community Library Board Meeting Minutes. c. Revised 2011 Goals and Objectives d. 4/23/2011 City of Kenai Comprehensive Strategic Planning Session Findings ITEM 12: ADJOURNMENT -182- KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JUNE 7, 2011 7:00 P.M. CHAIR ROBERT PETERS, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Peters called the meeting to order at approximately 7:00 p.m.. Roll was confimed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: E. Bryson, C. Brenckle, K. Glidden, J. Bookey, R. Peters, K. East K. Evans Library Director M. Joiner, Library Aide M. White, Mayor P. Porter AGENDA APPROVAL Commissioner Bryson MOVED to approve the agenda as presented and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: M nTION: APPROVAL OF MEETING SUMMARY -- May 3, 2011 Commissioner Bryson MOVED to approve the meeting summary of May 3, 2011 and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Mary White -- Children's Librarian White gave an overview of the programs she covered including Head Start visits, book clubs and tours. ITEM 5: OLD BUSINESS 5 -a. Discussion -- Grand Opening Celebration Library Director Joiner reviewed plans for the celebration scheduled for July 9, 2011. ITEM 6: NEW BUSINESS -183- ITEM 7: REPORTS 7 -a. Director -- Joiner noted the following: Construction was progressing and the Library would close from June 27 through July 9 for moving. • There would be two new staff positions and those positions would be advertised. The Library would be seeking a new janitorial service. She would be out of town from July 14 - 22, 2011. 7 -b. City Council Liaison -- Mayor Porter noted the budget had been passed, the City Clerk was retiring, and the June 8, 2011 Comprehensive Planning meeting for bu sinesses. ITEM 8: 8 -a. MOTION: NEXT MEETING ATTENDANCE NOTIFICATION July S, 2011 Commissioner Bryson MOVED to request cancelling the July meeting and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 9: COMMISSION COMMENTS /QUESTIONS Peters -- Inquired about the results of the work session on commissions and committees. Mayor Porter noted membership and meeting schedules would not change, but absentee regulations would become stricter. All Commissioners expressed their excitement about the Grand Opening and wished the City good luck at the All - America City competition. ITEM 10: ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD -- None INFORMATION 11 -a. Kenai City Council Action Agenda Items from May 4 and 18, 2011. 11 -b. May 10, 2011 Friends of the Kenai Community Library Board Meeting Minutes. 11 -c. Revised 2011 Goals and Objectives 11 -d. 4/23/2011 City of Kenai Comprehensive Strategic Planning Session Findings ITEM 12: ADJOURNMENT -184- LIBRARY COMMISSION MEETING JUNE 7, 2011 PAGE 2 MOTION: Commissioner East MOVED to adjourn and Commissioner Glidden SECONDED the motion, There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:00 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk -185- LIBRARY COMMISSION MEETING JUNE 7, 2011 PAGE 3 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 8, 2011 - 7:00 p.m. 6 to 7:00 p.m. City of Kenai Comprehensive Plan Update and Use — Review Development & Zoning 1.. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion.. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will he removed from the Consent Agenda ancf considered in its normal sequence on the agenda as part of the General Orders. 2. "APPROVAL OF MINUTES: a. 'May 25, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. P711 -22 — An application for a Conditional Use Permit for the motocross track at the Twin Cities Raceway located. at 490 Shotgun Drive (El /2S W 1 /4N W 1 /4NEI /4 and E1 /2NW 1 /4S W1 /4NE1 /4 and SW 1 /4NW 1 /4NEI /4 and NE1 /4SW 1./4NE1/4 and E 1 /2S W 1 /4SW 1. /4NEI /4 and S W 1 /4SE1 /4NE 1 /4 and S 1 /2NE 1 /4SE 1 /4NEI /4 containing 50 acres more or less). Application submitted by Kenai Peninsula Racing Lions, P.O. Box 2755, Soldotna, Alaska. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Lease application — Michael Schilling, Schilling Rentals, LLC, Lot 3, Block 2, GAA. Subdivision (155 Granite Point Court). Discussion/Recommendation. b. Summer schedule, work sessions, and Council's direction to hold a public hearing on August 17, 2011 related to Ordinance No. 2546-2011 (Amending KMC 14.22.010, Land -186- 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.) Discussion. c. Kenai Peninsula Borough Ordinance 2011 -12 — An Ordinance amending KPB 21.18.025 to add addition water bodies subject to anadromous stream habitat protection. D iscussion. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: June 22 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: -187- 011 ITEM 1: Chair Tw 1 -a. Chair Tw 1 -b. CITY OF KENAI PLANNING & ZONING COMMISSION JUNE 8, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES CALL TO ORDER nit called the meeting to order at approximately 7:04 p.m. Pledge of Allegiance ait led those assembled in the Pledge of Allegiance. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. Agenda Approval Commissioner Navarre read the ADD TO: 5 -a. PZ11 -22 Summer... 7 -c. KPB Ordinance MOTION: T. Navarre, J. Twait, P. Bryson, S. Romain, H. Knackstedt, K. Koester, K. Rogers None City Planner M. Kebschull, Administrative Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall following additions to the agenda: Correspondence from Cathy Campbell, Kenai Peninsula Fishing Homestead Trophy Lodge Council Member Molloy Memo dated 6/3/2011 City of Kenai Anadromous Streams Map Commissioner Navarre MOVED to approve the agenda with the above listed lay downs and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: -188- Commissioner Navarre MOVED to approve the consent agenda and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by consent agenda. `All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as pan of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- May 25, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -22 -An application for a Conditional Use Permit for the motocross track at the Twin Cities Raceway located at 490 Shotgun Drive (E1 /2SW1 /4NW1 /4NE1 /4 and E1 /2NW1 /4SW1 /4NE1 /4 and SW1 /4NW1 /4NE1 /4 and NE1 /4SW1/4NE1/4 and E1 /2SW1 /4SW1/4NE1/4 and SW1 /4SE1 /4NE1 /4 and S1 /2NE1 /4SE1 /4NE1 /4 containing 50 acres more or less). Application submitted by Kenai Peninsula Racing Lions, P.O. Box 2755, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ11 -22 including staff recommendations and Commissioner Navarre SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met: 1. The use was consistent with the purpose of this chapter and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighborhood would not be significantly impaired. 3. The proposed use was in harmony with the Comprehensive Plan. 4. Public services and facilities were adequate to serve the proposed use. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 2 -189- 5. The proposed use would not be harmful to the public safety, health or welfare. 6. Any and all specific conditions deemed necessary by the Commission to fulfill the above - mentioned conditions should be met by the applicant and could include, but 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. Twait read the rules of public hearing and opened the floor to public comment. Scott Davis, 225 Birch Place, Soldotna -- Spoke in support of the permit, noting racing was a family activity that brought additional commerce to the area. Jeannie Carter, Kenai -- Thanked the City for the opportunity for her grandchildren to pa.rti.cipate in a safe environment. Cathy Campbell, Kenai -- Identified herself as a business owner in the area and spoke in opposition to the permit, noting noise issues. Dennis Barnard, 335 Dolchok, Kenai -- Spoke in opposition to the perm_t. Mark Powell, 46655 Kenai Spur Highway, Kenai -- Spoke in support of the permit. Jerry Brookman, 715 Muir, Kenai -- Spoke in opposition to the permit, noting if approved, Commission should put strict time constraints on the operation. Molly Poland, 44715 Sterling Highway, Soldotna -- Spoke in support of the permit. Josh Powell, 46655 Kenai Spur Highway, Kenai -- Spoke in support of the permit. Barney Phillips, Nik ski -- identified himself as President of the Kenai Peninsula Racing Lions Motocross Division and spoke in support of the permit, noting a noise mitigation plan had been implemented, times for races had been limited, and a decibel meter had been purchased. Chris Garcia, Kasiiof -- Spoke in support of the permit John Mellish, 14096 Kenai Spur Highway, Kenai -- Spoke in support of the permit. Matthew Glidewell, Kasilof -- Identified himself as Vice President of the Kenai Peninsula Racing Lions; spoke in support of the permit, noting the track provided a controlled environment for racing; and, 40 to 50 riders were registered to race. Jeff Tuttle, 47155 Black Bear Court, Nikiski -- Spoke in support of the permit. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 3 -190- Karen McGahan, Nikiski -- Spoke in support of the permit, commending the Kenai Peninsula Racing Lions for their work on noise mitigation, and noting a camp host was at the track. Jeff Kipp, Kenai -- Identified himself as the Track Maintenance Director and spoke in support of the permit; noted a gate had been added and then extended; fencing, signage, and cameras had been added; the camera would time -stamp photographs; dirt piles had been added as a sound barrier, and tires would also be considered for that purpose; and, no specific timeframe had been set for their mitigation plan. Ricky Gease, 4289 Beaver Loop, Kenai -- Spoke in opposition to the permit, requesting restrictions to the permit, and suggesting a five -year plan on investigating a new property for the track. Aaron Poland, 44117 Sterling Highway, Soldotna -- Spoke in support of the permit, noting the logistics of moving the track would be very hard. Franz Plagge, 4384 Beaver Loop, Kenai -- Spoke in support of racing, but suggested the track be moved away from the city center and noted concern with water pollution. Steven Phelps, 45813 Boundbrook Drive, Kenai -- Spoke in opposition to the peuuit noting concern with noise. Robert Flanders, 4769 Beaver Loop, Kenai -- Spoke in opposition to the permit, noting additional traffic by motorcycles in the area. Jackie McGahan, 2819 Bryson, Kenai -- Identified himself as the President of Kenai Peninsula. Racing Lions, both divisions and spoke in support of the permit, noting they were currently investigating the previous Sundays trespass; the addition of the dirt wall was valued at over $200.000; and, trailering to the track could be added to the rulebook There being no one else wishing to speak, the public hearing was closed. Commissioner comments included.: • Suggestion noise mitigation work should be continued. • Thanked, the public for their comments. Considered having a review in a year. • Suggested looking at options of other sites. Suggested a five year review rather than one year. MOTION TO AMEND: Commissioner Romain MOVED to amend the permit by adding Recommendation 6. The Conditional Use Peu.uit would be reviewed before the end of 2013. Commissioner Koester SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 4 -191- VOTE ON AMENDMENT: Navarre YES Twait Knackstedt 1 NO I Bryson ! YES. Koester YES I. YES Romain YES Rogers YES 1 Koester I Rogers MOTION PASSED. Additional Commission comment included: Noise mitigation was not addressed. Testimony showed work was being done to bring noise levels down. The time constraint on the permit would allow for work to continue. VOTE ON MAIN MOTION AS AMENDED: Navarre YES Twait I NO 1 Bryson 1 YES Romain YES Knackstedt YES 1 Koester 1 YES Rogers YES , MOTION PASSED. Twait read the 15 day appeal process procedure. Commissioner Bryson excused himself at 8:56 p.m. BREAK: 8:56 P.M. BACK TO ORDER: 9:03 P. M. ITEM 6: UNFINISHIED BUSINESS -- None ITEM 7: NEW BUSINESS 7 -a. Discussion /Recommendation -- Lease application - Michael Schilling, Schilling Rentals, LLC, Lot 3, Block 2, GAA Subdivision (155 Granite Point Court). MOTION: Commissioner Knackstedt MOVED to recommending proceeding with the lease and Commissioner Romain SECONDED the motion. Kebschuli reviewed the staff report included in the packet, noting Commissioner Knackstedt would report to the Airport Commission during the June 9, 2011 meeting PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 5 -192- Twait opened the floor to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: 1 Navarre I YES Twait YES Bryson ABSENT Romain 1 YES Knackstedt YES I Koester YES Rogers 1 YES MOTION PASSED UNANIMOUSLY. 7 -b. Discussion -- Summer schedule, work sessions, and Council's direction to hold a public hearing on August 17, 2011 related to 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.) Kebschull reviewed the staff report included in the packet, noting Commissioner Navarre requested a discussion of timeline. Council Member Molloy reviewed the memo given as a lay down item. Twait opened the floor to public hearing. Kristine Schmidt, 513 Ash, Kenai -- Suggested the Commission hold meetings during the summer to allow for public comment. Colleen Ward, 708 Magic, Kenai -- Requested clarification of the review of the Comprehensive Plan. Janine Espy, 403 McCollum, Kenai -- Requested clarification of the process, and suggested allowing for public comment in work sessions, then following with a public hearing. Ricky Gease, 4289 Beaver Loop, Kenai -- Requested a public hearing on the change in the corridor along Beaver Loop Road. There being no one further wishing to speak, the public hearing was closed. Commissioner comments included: • Felt the Comprehensive Plan process would address the issue and the ordinance should be tabled. • Requested a legal opinion regarding following the direction of Council. • Supported the request for legal opinion. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 6 -193- MOTION: Commissioner Navarre MOVED to request a legal opinion on the Commission's obligations and rights under this issue. Commissioner Rogers SECONDED the motion. VOTE: I Navarre YES 1 Twait YES Bryson ABSENT L Romain YES 1 Knackstedt YES Koester YES Rogers YES i MOTION PASSED UNANIMOUSLY. Commissioner Navarre requested a copy of the minutes be included in the request. MOTION: Commissioner Navarre MOVED to request Council rescind direction to the Commission regarding scheduling specific dates and times and direct the Commission to bring forward their timeline regarding Ordinance No. 2546 -2011 prior to August 1, 2011. Commissioner Rogers SECONDED the motion. VOTE: [-Navarre Romain Rogers YES Twait NO Bryson ABSENT NO NO Knackstedt NO YES Koester 1 MOTION FAILED, 7 -c. Discussion -- Kenai Peninsula Borough Ordinance 2011 -12 - An Ordinance amending KPB 21.18.025 to add additional water bodies subject to anadromous stream habitat protection. Kebschull reported the lay down was a map showing new streams to be added to the Anadromous Stream Habitat Protection Area. Twait opened the floor to public hearing. Ricky Gease, Executive Director, Kenai River Sport Fishing Association -- Noted concerns were heard from recreational miners in the area and the ordinance was postponed to the next Assembly meeting. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 7 -194- There being no one else wishing to speak, the public hearing was closed. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9 -a. City Council -- Council Member Molloy noted the action agenda was in the packet; a work session on City Clerk recruitment would be held June 9, 2011 at 6:00 p.m.; and, the City Clerk's last Council meeting would be June 15, 2011. 9 -b. Borough Planning -- None 9 -c. Administration -- Kebschull reported the Comprehensive Plan Collaborative meeting with business owners was well attended and an extension was applied for on a conditional use permit on Angler Drive for a private RV park. ITEM 10: PERSONS PRESENT NOT SCHEDULED Pat Falkenberg, 399 McCollum, Kenai -- Spoke in support of Ordinance No. 2546- 2011 and requested a timely resolution to the issue. ITEM 11: INFORMATION ITEMS -- None ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. June 22, 2011 Commissioners Bryson and Romain requested excused absences. Commissioner Rogers n.oted he would need to leave the meeting at 8 :00 p.m. ITEM 13: ITEM 14: MOTION: COMMISSION COMMENTS & QUESTIONS -- None ADJOURNMENT 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 10:37 p.m. Minutes prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 8 -195- u -6 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 15, 2011 ITEM H: COMMISSION /COMMITTEE REPORTS 6. Planning & Zoning Commission Attachments to Liaison's Report: Work Session Notice Agenda, 6/08/11 Meeting, with added notation at Item 7b Item 7b, Calendar June 2011 Item 7b, Calendar July 2011 Item 7b, Calendar August 2011., with added notation Item 7b, CORRECTED Calendar August 2011 Liaison's Memo dated 6/03/11 to Commission, with attachment meeting minutes from 5/18/11 Council Meeting Work Session Notice The City of Kenai Planning & Zoning Commission has tentatively scheduled work sessions on proposed Land Use for the Comprehensive Plan. The Commission may discuss Ordinance No 2546 -2011 -- Amending KMC 14.22010, 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. The Work Sessions will be on the 2nd &.last Wednesday from 6 to 7, p.m. on the following dates: June 6th, June 22nd, July 13th and'JUIy 27th, 2011 Public Hearing Notice , Wednesday, August 10, 2011 �,ia 7pin (tentative) Ordinance No 2546.2011 -- Amending KMC 1422 010, Land Use Table to Make.; Comprehensive Changes to the Uses Allowed in the Rural Residential lRR 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. The meetings will take place In Council Ch'- Jots, downstairs in Kenai City Hall Fidaigo Ave., Kenai, AK. More information may be obtained at the Ditys web page www.ci.kenai.ak.us or by contacting the Planning Department at 907- 283 -6235. Written comments may be mailed to the City of Kenai, Planning es Zoning'De- partment, 210 Fidaigo Ave., Kenai, AK 99611 or by email: mkebschull @ci.kenaLak.us. You are being sent thls notice at the direction of the Kenai City Council. CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 8, 2011 - 7:00p.m. 6 to 7:00 p.m. City of Kenai Comprehensive Plan Update Land Use— Review Development & Zoning 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. "APPROVAL OF MINUTES: a. *May 25, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZI 1 -22 — An application for a Conditional Use Permit for the motocross track at the Twin Cities Raceway located at 490 Shotgun Drive (E1 /2SW1 /4NW1 /4NE1/4 and E1 /2NW1 /4SW1 /4NE1 /4 and SW1 /4NW1/4NE1/4 and NE1 /4SW1 /4NE1 /4 and E1 /2SW1 /4SW1 /4NE1 /4 and SW1 /4SE1 /4NE1 /4 and S1 /2NE1 /4SE1 /4NE1 /4 containing 50 acres more or less). Application submitted by Kenai Peninsula Racing Lions, P.O. Box 2755, Soldotna, Alaska. 15 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Lease application — Michael Schilling, Schilling Rentals, LLC, Lot 3, Block 2, GAA Subdivision (155 Granite Point Court). Discussion/Recommendation. 79 b. Summer schedule, work sessions, and Council's direction to hold a public hearing on .*, August 17, 2011 related to Ordinance No. 2546 -2011 (Amending KMC 14.22.010, Land Agenda June 8, 2011 Page 2 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 -I Zone.) Discussion. 87 c. Kenai Peninsula Borough Ordinance 2011 -12 — An Ordinance amending KPH 21.1 8.025 to add addition water bodies subject to anadromous stream habitat protection. 91 Discussion. 8. PENDING ITEMS: 9. REPORTS: a. City Council 109 b. Borough Planning 113 c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: June 22,2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: June 2011 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 1 2 3 4 5 6 7 8 MANNING & ZONING WORK SESSION LAND USE 9 10 11 12 13 11- 15 16 17 18 19 20 21 22 PLANNING Sc ZONING WORK SESSION LAND USE 23 24 25 26 27 28 29 30 July 2011 Monday Tuesday Wednesday Thursday Friday y SaUndaY Sunday 1 2 3 4 5 6 7 8 9 10 11 12 13 PLANNING & ZONING WORK SESSION LAND USE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PLANNING& ZONING WORK SESSION LAND USE 28 29 30 31 August 2011 Monday Tuesday Wednesday Thursday 5iday Saturday Sunday i 2 3 4 5 6 7 8 4 10 PLANNING & ZONING 12 13 i4 _ WORK SESSION LAND USE DEADLINE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 June 2011 Monday Tuesday Wednesday Thursday Friday Saturday Sunday 1 2 3 4 5 6 7 8 MANNING & ZONING WORK SESSION LAND USE 9 10 11 12 13 11- 15 16 17 18 19 20 21 22 PLANNING Sc ZONING WORK SESSION LAND USE 23 24 25 26 27 28 29 30 July 2011 Monday Tuesday Wednesday Thursday Friday y SaUndaY Sunday 1 2 3 4 5 6 7 8 9 10 11 12 13 PLANNING & ZONING WORK SESSION LAND USE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PLANNING& ZONING WORK SESSION LAND USE 28 29 30 31 August 2011 Monday Tuesday Wednesday Thursday 5iday Saturday Sunday i 2 3 4 5 6 7 8 4 10 PLANNING & ZONING 12 13 i4 _ WORK SESSION LAND USE DEADLINE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 CORRECTED August 2011 Monday Tuesday Wednesday Thursday _ Friday Satuniay ' Sunday 1 2 3 4 :5 6 7 8 9 10 Planning & Zoning - Public Hearing on Ord. 2546 -2011 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 KENAI LASKg AGENDA ITEM_ / PAGE g Village with a Past, C ty with a Future 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MEMO ' . ND UM TO: FROM: CC: DATE: SUBJECT: Commission Chair Jeff Twait Commissioners Bryson, Romain, Koester, Rogers, Navarre, Knackstedt Council Member Molloy Rick Koch, City Manager; Marilyn Kebschull, City Planner 06/03/11 Agenda Item #7 NEW BUSINESS, b. Summer schedule, work sessions and Council's directions on Ordinance No. 2546 -2011 At Council's 5 /18/11 meeting, Council voted to postpone Ordinance No: 2546 -2011 until the 8 /17/11 it for + public �� � � � �. Council meeting lilt an additional pUDlle hearlrig at that meeting, and to refer this ordinance back to the Planning & Zoning Commission with directions. The Council's directions to the Commission are "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," In addition, Council scheduled its own work session on Ordinance No. 2546 -2011 for 6:00 pm on Monday, 8/15/11. The Council anticipates that the Commission's recommendations on Ordinance No. 2546 -2011 will be received and will be reviewed by Council in its 8/15/11 work session. The Council did consider the testimony of four Commissioners, the Chair's letter, and the Planner's memo, as well as the testimony of members of the public, in its discussion and debate, then voted on the postponement and referral with directions to the Commission, See the attached excerpt of the 'ninnies of the 5/18/11 Council meeting. By referring this ordinance, Council has directed the Commission to review the land use table only for the RR -1 Zoning District. Council has not directed, nor requested, that the - 1 - Memo 6/03/2011 Commission review and make recommendations on the land use table for all zones in the City of Kenai in this same time line. Council has not directed, nor requested, that the Commission complete its work on recommendations for land use, development and zoning for the Comprehensive Plan Update in this same timeline. Council has not directed, nor requested, that the Commission make recommendations for re- zoning of the MAPS Area and Three W's Subdivision into another zoning district, or for re- zoning of any other areas of the City, in connection with the Commission's work on Ordinance No. 2546 -2011. - 2 - Memo 6/03/2011 ICENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 3 ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public oonnnent limited to 3 minutes per speaker) Non 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 .90 minutes combined on their own and on others' behalf,) D -1. Ordinance No. 2846 -2017. -- 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 a public 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 Wilc 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; thanlced 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, 536 Wortham, 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 Mdgic 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 hut 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, 8aldotna -- 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. There 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 ICelso 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 17; 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 wham, 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 Gabriel Yes Yes Bookey Boyle Yes Marquis Yes Molloy -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 land use, etc. and make recommendations. o 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 Yes 'Gabriel Yes Yes Bookey Boyle Yes Yes Marguis Yes Molloy Porter Yes MOTION PASSED UNANIMOUSLY. 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- I {ENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 8 Moore No Gabriel Yes Bookey Yee Marquis Yes Molloy Yes Boyle Yes Porter Yes MOTION PASSED. 0-2. Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. MOTION: Council Membe oore MOVED for adoption of Ordinance No. 2554 -2011 and f uncil Member Marquis'ECONDED the motion, The floor was opened :. public hearing. There being no one wishing to .,eak, the public hearing was cloy... There were no Council comments. VOTE: *Student Representative CoEfina Yes Moore Yes Gab` el Yes a - Booke Yes Marquis Yes Molloy''. Boyle Yes Porter Yes MOTION PASSED UNANIMODSLY. D -3. MOTION: Ordinance No. 2655.201 = Incre s mg Estimated Revenues and Appropriations by $3,68!'n the Airpo Fund and by $147,512 in the Airport Improvement C-' tar Project Fun. ;or the Engineering and Design of the Airport Apron P. ' _ ent Rehabilitation. Council Member Boo lce " OVED for adoption of Ordinance No:.., 555 -2011 and Council Member M SECONDED the motion. The floor was op =... ed to public hearing. There being no one wishing' o speak, the public hear in -,, °+ as closed. There were no Council comments. VOTE: "Student Representative Coffman: Yes -49- KENAI C M COUNCIL MEETING MAY 18, PAGE 12 • Suggestion Din.:+: - Johnson federal f . "g be considered when preparing the opinion. • Suggestion the legal op 'on ' • ' de property owners who live outside of the City as well. • City Attorney Stear oted t' • was new case law to consider since the last legal opinion. • Concerns o w such a program wo be administered: • Include ' e opinion the definition of a .,'dent. • A. ' -+ stration provide suggestions of how th •.... ogram would be administered proof of residency, etc. possible, the opinion /administration of program should include prope? 'owners (which would include people who live outside of the City limits). uncil concurred in the request for the legal opinion with the noted topics included. G -7. Discussion /Aotio&t -- Ordinance No. 2546 - 2011, Schedule Council work Session. Council Member Molloy reviewed his suggested tiineline. Discussion of how the Council's review would dovetail with the review of the Manning & 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 +' COMMISSION /COMMITTEE REPORTS H -1. and discussions held at anniversary celebration. Council Member Boyle provided a repo 2011 meeting, including funding H -2. Airport Commission -- Council Me meeting would be held June 9, 2011. 1' th ooted the next 11-3. Harbor Co:nzriss? =F- ouncil Member Gabriel reported the next meeting was scheduled !,:.:� +ne 6, 2011 and he would be unable to attend. Council Member Molloy q a t• + o attend as liaison. -53- Carol Freas From: Hal Smalley [hvsmalley@yahoo.com] Sent: Friday, June 10, 2011 12:07 PM To: Carol Frees; hvsmalley@yahoo.com Subject: ASsembly Report Junje 7 -8, 2011 Carol, Please attach this report to the action agenda and send to Council members, the M.ayor, City Attorney and City Manager. Thank you for all that you do and for all of your assistance. KPB Assembly Report June 7 -8, 2011 Committee meetings began at L:OOPM June 7th. Gary Turner, Director, Kenai Peninsula College gave a 10 minute presentation of student enrollment stats, courses taken stats in comparison to previous year's numbers. KPC enrollment is up 59% over last year at this time and courses taken up 39 %. During the balance of the Committee meetings an administrative review of Ordinances and Resolutions with questions from the Assembly occurred. During the Lands Committee discussion of interest to the City' of Kenai will he the Public Hearing on Ordinance 201.1 -21 Authorizing a negotiated sale at fair market value of lands near the Peninsula Race track off North Beaver Loop area, A portion of the discussion centered on the fair market value placed at $24,700 versus a sale price of $1,00 as is mostly unusable land to be used as a buffer protection and contamination protection for the City of Kenai water well, Such an amendment can be made at the public hearing calendared for 7 -5 -11. Ordinance 2011 -12- concerned with the addition water bodies added to anadromous stream habitat protection was discussed to include concern borough forward by Mr. Koch, members i, meniucr5 G�. the public with non - commercial mining interests and in general citizens wondering of potential impacts to properties within the 50' buffer area. These concerns were expressed and discussed by the administration, the Kenai River Center staff and Assembly members. Ordinance 2011 -12 will have a continued public hearing June 21, 2011. as som.e members of the public were unable to participate in the public hearing on June 8't'. The objections raised by Mr. Koch were removed in a letter from him to the borough dated June 7, 2011 based. on the meeting held in City Hall chambers on June 3`d. Ordinance 2011 -20 authorizing the sale of certain parcels of borough land by sealed bid will be up for public hearing July 7, 2011. During the Policies and Procedures Committee discussion of Ordinance 2011 -23 Increasing the Borough Sales Tax from 3.0 to 3.1 percent with the additional .1 percent to be used for economic development purposes and to authorize this ballot measure to' be placed on the fall ballot for voter approval. During the discussion the sponsors of this ordinance discussed the intent was to use the funds collected ( if passed by the voters ) to assist in funding the non, departmental budget requests that relate to economic development. The Kenai Peninsula College funding would not be a part of this revenue stream. This ordinance is set for public hearing on July 5, 2011. Also of interest is Ordinance 2011 -24 amending borough code to limit the terms served by an Assembly member to three full terms ( 3 years equal one term) and requiring a break in service of at least 180 days, subject to approval of the voters. This ordinance is scheduled for public hearing July 5, 2011. 1 -196- Please refer to the Action. Agenda as to other ordinances and resolutions scheduled for public hearing at funtre Assembly meetings. During the evening meeting touch public comment was given concerning the budget document and expenditures. Many were in support of funding the non- departmental requests, funding for the Kenai Peninsula College, and other areas of the budget as well as many comments opposing the same requested funding. Ordinance 2011 -19 appropriating funds for fiscal year 2011 -2012 ( the budget document) was up for amendments and final approval. There were 28 amendments to the document brought by the administration and the Assembly. Three amendments were defeated and two were further amended to represent a lesser amount. The meeting was temporarily postponed at midnight to Wednesday morning at 9 AM. After completed discussion of the budget and amendments, the budget passed 7 yes and 1 no. he overall changes in the budget will reflect a use of the Budget reserve fund between one and two million dollars which may be offset by the State Operating and Capital budgets upon approval by Governor Parnell by July 1., 2011. The next business for consideration was Resolution 2011 -061 setting the rate of levy for real and personal property taxes for the KPB and for the service areas within the borough for fiscal year 2012, tax year 2011. There was one amendment for the Anchor Point Fire /emergency service area which passed. The resolution passed by a 7 yes to 1 no vote. The balance of the meeting was to continued discussion of ordinances and resolutions not heard at previous meetings due to budget discussions and discussion on Ordinance 2011 -12 on additions of streams to the Anadromous habitat protection code.. As previously mentioned, because members of the public were unable to attend the Assembly continuance meeting on Wednesday, June 8, 2011. this ordinance was postponed for final hearing and vote at the June 21, 2011 meeting. Ordinance 2011 -13 requiring Assembly members who accept borough health care insurance coverage to pay 30% of the cost to provide said coverage was amended to bring the amount paid by Assembly members to he equal to that of other borough employees, thereby having only a one fee schedule for all employees including Assembly members. This ordinance was then postponed to the August 16th meeting. As always.. should any of you have questions regarding this report or items from the action agenda from the Assembly meeting or any other questions concerning this meeting or future meeting agenda items, please do not hesitate to contact me. Hal Smalley hvsmallev(a ?vah 907 -283 -7469 hm 907- 953 -1222 cell 2 -197- Kenai Peninsula Borough Assembly Action Agenda ,June 7, 201 I - 7;00 PM Regular Meeting Borough Assembly Chambers, Soldotna, Alaska Gary, Knopp Assembly President Seat 1 - Kalifornskey Term Expires 2012 Charlie Pierce Assenhly Vice President Seat 5- Sterling /Funny River Tenn Expires 2011 Make Haggerty Assembly ;Member Seat 9 - South Peninsula Tenn Expires 2012 Brent Johnson Assembly Member. Seat 7 - Central Term Expires 2013 Sue McClure :Assembly Member Seat 6 - East Peninsula Term Expires 2012 Linda Murphy Assembly Member Seat 4 - So!dome Term Expires 2013 Hal Smalley Assembly ,Member Sear 2 - Kenai Term Expires 2011 Bill Smith Assembly Member Seat 8 - Homer Terns Expires 21)11 Ray Tauriainen Assembly Member Seat 3 - Niktr4'i Term Expires 2013 B. C. D. E. F. G. H. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS APPROVED Murphy moved to increase the Borough Cleric's salary from its current level of 582,035 annually to $89,977, and the Deputy Clerk's salary from $62,397 to $66,000 effective July 1, 2011. . APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk ( ") are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) APPROVAL OF MINUTES May 17, 2011 Regular Assembly Meeting Minutes COMMENDING RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE 1,20 minutes total) 1. South Peninsula, Hospital Quarterly Report (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) MAYOR'S REPORT 1. Assembly Requests, /Responses - None. June 7, 2011 Page 1 of 7 -198- 9 Agreements and Contracts a. Authorization to Award Contract for Central Peninsula Landfill & Horner Baling Facility Baler Wire Purchase to Pacific Wire Group b. Authorization to Award Contract for Public Safety Radio Narrow- Banding Project to ProCotntn Alaska, LLC e. Authorization to Award Contract for Kenai Central High School Asbestos Abatement 2011 to Far North Services d. Authorization to Award Contract for Central Emergency Services Station Number 1 Cabinet Purchase to Spenard Builders Supply e. Authorization to Award Contract for River Center River Bank Restoration and Maintenance to Moore's Landscaping, LLC 3. Other National Association of Counties Prescription Drug Discount Card Program Report b. Letter from Governor Parnell regarding the Alaska North Slope Production Act also known as Trans Alaska Pipeline System (TAPS) II Legislation c. Letter from Kenai Peninsula School District to Governor Parnell in support of the Homer and Nikolaevsk gas transmission lines d. Letters to Governor Parnell from Kenai Peninsula Borough and School District in support of Kenai Peninsula Borough projects included in the proposed Capital Budget e. 2011 - 2012 School Re -Roof Projects L. ITEMS NOT COMPLETED FROM PRIOR AGENDA ADOPTED Resolution 2011 -051: Canceling the funk Vehicle Removal Project (Mayor) (Referred to Policies and Procedures Committee) [9 Yes, 0 No, 0 Absent] 2. ADOPTED Resolution. 2011 -056: Authorizing the Acquisition of Real Property at 166 W. Corral Avenue, Soldotna, Alaska on Behalf of the Central Peninsula Hospital (Mayor) (Referred to Lands Committee) [8 Yes, 1 No, 0 Absent] June 7, 2011 Page 2 of 7 -199- 3. ADOPTED AS AMENDED Resolution 201 1 -057: Calling on the President of the United States, 'U.S. Secretary of the Interior, U.S. Senate, and U.S. House of Representatives to Develop Policies that Allow Alaska and the Rest of the Nation to Utilize the Nation's Abundant Resources in a Safe, Environmentally Sound Manner that Serves the Best Interests of Americans (Pierce, Mayor) (Referred to Policies and Procedures Committee) [8 Yes, 1 No, 0 Absent] M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) ENACTED Ordinance20l 1 -1.6: Amending KPB 2.60.030 and KPB 2.60.035 to Increase the E91 1 Surcharge on Local Access Telephone Lines and Local Exchange Wireless Telephones from $1.15 to 51.50 per Month (Mayor) (Referred to Finance Committee) [9 Yes, 0 No, 0 Absent] 2. ENACTED AS AMENDED Ordinance 2011 -17: Amending KPB Title 2 to Establish the Information Technology Division as a Separate Department and to Move Oversight of the Geographic Information Systems Division from the General Services Department to the Planning Department (Mayor) (Referred to Policies and Procedures Committee) [9 Yes, 0 No, 0 Absent] 3. ENACTED AS AMENDED Ordinance 2011-19: Appropriating Funds for Fiscal Year 2011-2012 (Mayor) (Referred to Finance. Committee) [7 Yes, 1 No, 1. Absent] 4, ENACTED Ordinance 2010 - 19-47: Accepting and Appropriating a Grant in the Amount of $95,000 from the U.S. Department of Homeland Security and Appropriating an Additional $8,040 for the Local Share and Administrative Fee in the Nikiski Fire Service Area Capital Project Budget for Installation of a Fire Alarm System at Station #1 (Mayor) (Referred to Finance Committee) [8 Yes, 0 No, 1 Absent] POSTPONED UNTIL AUGUST 16, 2011 Ordinance 2011 -10 (Smith) Substitute: Amending KPB Chapter 3.04 to Require Separate Approval by Resolution to Amend Appendix A Administrative and Legislative Personnel Salaryand Benefits (Smith) (Referred to Policies and Procedures Committee) [8 Yes, 0 No, 1 Absent] 6. POSTPONED ASAMENDED UNTIL JUNE 21, 2011 Ordinance 2011-12: Amending KPB 21.18.025 to Add Additional Water Bodies Subject to Anadromous Stream Habitat Protection (Smith) (Referred to Lands Committee) [7 Yes, 0 No, 2 Absent] June 7, 2011 Page 3 or -200- 7. POSTPONED UNTIL AUGUST 16, 2011 Ordinance 2011. -13: Amending KPB 22.30.110(C) to Require Assembly Members Who Accept Borough. Health. Insurance Coverage to Pay 30 Percent of the Cost of Providing Such Coverage (Smith) (Referred to Policies and Procedures Committee) [7 Yes, 0 No, 2 Absent] 8. AMENDED BY SUBSTITUTION Ordinance 2011 -15: Amending KPB Chapter 14.04, Road Construction and. Right -of -Way Acquisition, and KPB 17.10,030, Acquisition of Lands and Resources, to Authorize the Mayor to Acquire Easements for Road Improvement Projects without Assembly Approval (Mayor) (Referred to Lands Committee) [7 Yes, 0 No, 2 Absent POSTPONED UNTIL JUNE 21, 2011 Ordinance 2011 -15 (Mayor) Substitute: Amending KPB Chapter 14.04, Road Construction and Right -Of -Way Acquisition, and KPB 17.10.030, Acquisition of Lands and Resources, to Authorize the Mayor to Acquire Easements for Road Improvement Maintenance Projects without Assembly Approval. (Mayor) (Referred to Lands Committee) [7 Yes, 0 No, 2 Absent] N. UNFINISHED BUSINESS - None. O. NEW BUSINESS Bid Awards *a. Resolution 2011 -058: Authorizing Road Service Area Capital Improvement Project: Karen Circle #S3KAR Contract Award and Allocation (Mayor) (Referred to Finance Committee) Resolution 2011 -059: Authorization Road Service Area Capital Improvement Project: ;Roosevelt Avenue #W 6R00 Contract Award and Allocation (Mayor) (Referred to Finance Committee) *c. Resolution 2011 -060: Authorizing Road Service Area Capital Improvement Project: Moat Way, Excaliber Way and Camelot Drive #E3MOA Contract Award and Allocation (Mayor) (Referred to Finance Committee) 2. Resolutions a. ADOPTED AS AMENDED Resolution 201.1 -061: Setting the Rate ofLevy for Real and Personal Property Taxes for the Kenai Peninsula Borough and For Service Areas Within the Borough for Fiscal Year 2012, Tax Year 2011 (Mayor) (Referred to Finance Committee) [7 Yes, 1 No, 1. Absent] June 7, 20H Page 4 of 7 -201- b. POSTPONED UNTIL AUGUST 16, 2011 Resolution 2011 -062: Amending KPB Resolution 79 -117 and Resolution 84 -182 (Substitute) to Provide that Appendix A Personnel May Be Required to Contribute to Health Care Costs at a Different Level than Bargaining Unit Members (Mayor) (Referred to Policies and Procedures Committee) [7 Yes, 0 No, 2 Absent! Resolution 2011 -063: Approving an Agreement Between the Kenai Peninsula Employees Association and the Kenai. Peninsula Borough Amending the Collective Bargaining Agreement to Approve an Increase in the Employees' Contributions to Health Care Costs (Mayor) (Referred to Policies and Procedures Committee) Resolution 2011 -064: Authorizing Vendor Selection for Copier Services for South Peninsula Hospital (Mayor) (Referred to Finance Committee) Resolution 2011 -065: Non - Objection to Annexation of 39.966 Acres of Property Accessed by Morning Star Road within the Kenai Peninsula Borough to the City of Kachemak (Mayor) (Referred to Legislative Committee) 3. Ordinances *c. Ordinance 2010- 19 -49: Accepting and Appropriating a Grant in the Amount of 533,110 from the U.S. Department of Homeland Security for Staff Recruitment and Appropriating $1,007 in the Bear Creek Fire Service Area for the Administrative Fee (Mayor) (Hearing on 07/05/11,.) (Referred to Finance Committee) Ordinance 2010- 19 -50: Appropriating $75,000 into the Borough's School Revenue Capital Project Fund to Supplement Funding for Portables at Various School Facilities (Mayor) (Shortened Hearing on 06/21/11) (Referred to Finance Committee) Ordinance 2011 -20: Authorizing the Sale of Certain Parcels of Borough Land by Sealed Bid (Mayor) (Hearing on 07/05/1I) (Referred to Lands Committee) Ordinance 2011 -21: Authorizing a Negotiated Sale at Fair Market Value of Lands Described as the NE1. /4 NE1 /4 and the E1 /2 SE 1/4 NE1 /4 of Section 36, Township 6 North, Range 11 West, Seward Meridian. Alaska Containing 60 Acres More or Less to the City of Kenai (Mayor) (Hearing on. 07/05/11) (Referred to Lands Committee) June 7, 2011 Pare 5 of 7 -202- Ordinance 2011 -22: Authorizing the Placement of No Parking" and "Tow- Away" Signs on 'Lower' Rapids Avenue (Mayor, Pierce) (Shortened Hearing on 06/21/11) (Referred to Lands Committee) Ordinance 2011 -23: Increasing the Borough Sales Tax from 3.0 Percent to 3.1 Percent with the Additional .1 Percent to be used for Economic Development Purposes, Authorizing that a Ballot Measure be Placed Upon the Ballot to Approve the Sales Tax Increase and Repealing the 60 Percent Voter Approval Requirement to Increase the Sales Tax Rate (Smith, Murphy) (Hearing on 07/05/11) (Referred to Policies and Procedures Committee) *g. Ordinance 2011 -24: Amending KPB 22.30.030(C) to Limit the Terms that May be Served by Assembly Members to Three Full Terms and Requiring a Break in Services of at Least 180 Days, Subject to Approval of the Voters (Knopp) (Referred to Policies and Procedures Committee) 4. Other Petition to Vacate English Court (Changed to English Avenue Resolution SN 97 -05) a 50 -Foot Public Right-Of-Way and Associated Public Utility Easement Dedicated by English Estates (Plat KN 76 -178); within Section 11, Township 7 North, Range 12 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough; KPB File 2011 -038; Location: On Island Lake Road in Nikiski (Referred to Lands Committee) [Clerk's Note: The Planning C ominissio approved the referenced vacation by unaninwus consent during its regularly scheduled May 23, 2011 ?fleeting.] P. PUBLIC' COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1., June 1.3, 2011 Reapportionment Committee 7:00 PM Kenai/Nikiski 2. June 14, 2011 Reapportionment Committee 7:00 PM Soldotna/Sterling 3. June 15, 2011 Reapportionment Committee 7:00 PM Seward 4. June 16, 2011 Reapportionment Committee 7:00 PM Homer 5. June 21, 2011 Regular Assembly Meeting 7:00 PM Soldotna June 7.20lI Page 6of7 -203- R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted,) 1. Ordinance 2011 -07: Reducing the Number of Kenai Peninsula Borough Planning Commissioners from 13 to 11 (Johnson) (Postponed as Amended until 09/06/ 11) (Referred to Policies and Procedures Committee) 2. Ordinance 2010- 19 -48: Accepting and Appropriating 8499,272 from the U.S Department of Interior for the Aerial Photography /Satellite Imagery of the Kenai Peninsula Borough, A Project Under the Coastal Impact Assistance Program (Mayor) (Hearing on 06/21/11) (Referred to Finance Committee) Ordinance 2011 -18: Amending KPB 2.90.030(C) to Prohibit the Borough Mayor from Holding Certain Positions in any entity that Receives a Financial Benefit from the (Smith) (Hearing ig on 06/2 i/11) (Referred. . iv Policies and Procedures) 7`. INFORMATIONAL MATERIALS AND REPORTS L Health Care Task. Force Final Report and Recommendation U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on June 21, 2011, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula) KBB1 -AM 890 (South Peninsula.), K201 A0 -PM 88J (East Peninsula). Copies of agenda items are available al the Borough Clerk's Office in the rMeeting Room juri prior to the meeting. For further information, please cat the Cleric's Office at 714 -2160 or toll free within the Borough at 1- 800 - 478 -4441, Ext. 2160. Visit ourwehstte ar www.borough.ken at. ak.u.s for copies ofthe agenda, meeting summaries, ordinances and resolutions. June 7, 2011 Page 7 of 7 -204- REPORT OF CITY MANAGER nnz Tillage with a Past, (4' with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Mayor Porter Council Members Thru: Rick Koch, City Manager From: Terry Eubank, Finance Director Date. June 2, 2011 Re: Resolution 2007 -20 requiring annual notification of all City bank accounts and check signers. The following list is provided in compliance with resolution 2007 -20. The following people are authorized to sign checks: Rick Koch, City Manager Carol Freas, City Clerk Terry Eubank, Finance Director Christine Williamson, Utility Billing Acct. Christine Cunningham, Asst. to City Manager Robin Adams, Accountant The City maintains two checking accounts at Wells Fargo, the City's general checking account and an account for ambulance billing collections. A $20,000 interest bearing certificate of deposit for the Vintage Pointe Rental Trust is also maintained at Wells Fargo. The City maintains a third party custodial relationship with Bank of New York to collateralize deposits at Wells Fargo that exceed federal deposit insurance amounts of $250,000. The City has relationships with various investment brokers. Wells Fargo Trust holds all securities purchased. City Manager Rick Koch, Finance Director Terry Eubank, and Accountant Robin Adams are authorized to initiate investments transactions. The City maintains two accounts with Key Bank for investments in the Alaska Municipal League Investment Pool. One account provides a highly liquid cash depository for the City's investment portfolio and the second was opened to manage the proceeds from issuance of Library Expansion Bonds. If there are any questions about banking or investments please contact me. -206- \\\ theuyof KENAI, ALASKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: June 6, 2011. KENAI SENIOR CENTER June 2011 Total May Meal Count 2011 Served: Total Congregate Meals Served: 1,151 Total Home Meals Served: 1,141 Total May Meal Count 2010 Served: Total Congregate Meals Served: 1,516 Total. Home Meals Served: 1,724 We were not rented in May. There were 1,240 volunteer hours for May. May was Older American's Month. The first part of May was busy with the Kenai Senior Connection, Inc. Garage Sale and Bake Sale. There were many seniors involved in this project as reflected in the volunteer hours. It took many hours and volunteers to organize, mark items, setup, sell and tear down. The seniors participated in the Area -Wide Clean -Up Day. The Director met with the United Way Allocation Committee for grant funding next 'fiscal year, participated in a teleconference with the MOWAA concerning the grant for the van, met with Cory Castagneto and Robert Nash, who are businessmen f from Idaho interested in pursuing assisted living in the Kenai Area. Admin. Assistant assisted 40 senior low - income clients concerning Medicare, Medicaid, various senior crises, We have seen an increase of seniors who need to use the food bank as well as applying and picking up a CSFP these boxes through the Food Bank. We will also be accepting applications for their summer fresh fruits and vegetables coupons to be used at the various area farmers markets. Senior Director and Ken Duff, from Frontier Community Services coordinated the two day workshop on Nutrition, "The DASH PLAN." The DASH. plan was researched and developed by the National Institute of Health and has been accepted by the USDA for the new food pyramid. The author, Marla Heller, MS, RD of the book, The Dash Diet Action Plan was the presenter for both mornings. In the afternoon, representatives from the UAF Extension Service -Kenai Office staff' gave break -out session on "Using the DASH PLAN" in the home, and "Vegetables on the Patio," Colleen Sonnevil of the extension service prepared lunch on the first day, and the second day, senior center Chef, Missy Bailey, prepared lunch and presented a break -out session in the afternoon on "Simply Nutritious- How to stay within a Budget." The workshop was funded through the Trust Training Cooperative and sponsored by the Peninsula Area -Wide senior centers and Frontier Community Service. During the morning sessions the workshop was video conferenced throughout the state. -207- thcu of KENALASKA ANIMAL CONTROL MID -MONTH REPORT May 2011 2011 2010 2011 2010 STRAY 78 73 ADOPTED 61 41 Dogs 49 52 Dogs 43 25 Cats 26 20 Cats 18 15 Other Species 3 1 Other Species 0 1 RELEASED BY OWNER 55 27 CLAIMED 24 29 Dogs 28 17 Dogs 18 27 Cats 27 9 Cats 3 2 Other Species 0 1 Other Species 3 0 D.O.A. 6 9 EUTHANIZED 48 30 Dogs 2 6 Dogs 16 17 Cats 4 3 Cats 32 12 Other Species 0 0 Other Species 0 1 TOTAL ANIMALS 139 109 Other Disposition 0 0 Borough Animals 38 35 Field Investigations 82 145 Total Dogs 79 75 Volunteer hours 157 64 Total Cats 57 32 Total phone 527 602 Total Other Species 3 2 Kennel Permits 0 0 Community Involvement Projects: 5/3/2011 Nikiski Middle School field trip. 5/5/2011 Shelter cat care methods by Dr Richard McCarten for our volunteers. —208— Me KENAI, ALASKA POLICE DEPARTMENT MID~MONT REPORT May 2011 TO: Rick Koch — City Manager FROM: Gus Sundatil~ Police Chief if- DATE: 6/8/11 SUBJECT: Police 4 Communications Department Activity —Month of May 201i Police handled 88O calls for service (up from G70in May 2Di[0. The Cornmunications Center received 275 emergency 9-1-1 calls (1S4 from cell ph0nao). Communications personnel handled 3480 adrninistrative phone caEls during the month of May. Officers made 62 arrests and wrote 200 reports. Traffic enforcement resulted in 123 warnings, 24 speeding tickets, 24 seatbelt tickets, 26 citations for equipment violations, and 74 citations for "othe( trafficviolations There were 10 DU arrests (one felony). Police investigated 7 vehicie crashes. One af the crashes nvolved a moose. None af the crashes were DU-related. Ir, the schools, SRO Langseth investigated 7 incidents. In the first week of May, Officer Longne81 and Officer Sjugn*nfacilitated the 2' annual Click 11 and Ticket Frogram. This program promotes seatbelt compliance, and rewards students who wear seatbelts on their way to school. Officer Langseth also provided Dare Iessons to Kaleidoscope iSmgraders. He facilitated bicycle safety education and bike rodeo events at Kaleidoscope and Mt. View elementary schools On May 6, Sgt. George, Officer Tuttle, and Officer Miller attended the law enforcement memorial ceremony in Anchorage. On May 10., Dispatchers Nusbaum and Wiles attended Emergency Medical Dispatching Quality Assurance training in Homer. On May 20m, Dispatchers Day and Hagelund provided 911 education for KoiadinScOpe1"t graders during u field trip to Kenai P.D. On May 16, Sgt. Langharn and Inv. Whannell attended the 4-day State Crime Conference in Anchorage. On May 23, Ryan Grimm started work as a Kenai Police Officer, He is a veteran from a larger department in Michigan. On May 23, Officer Cushman, Officer Tuttle, and Officer Grimm attended 3 days of patrcl rifle training at the Snowshoe Gun CLub. .����~ �.vv Mc ciyo/ KENAI, ALASKA KENAI COMMUNITY LIBRARY MONTHLY REPORT JUNE 2011 May Circulation Figures Adult Fiction Adult Non - Fiction Young Adult Fiction Periodicals Juvenile Fiction Juvenile Non - Fiction Easy Fiction Easy Non- Fiction interlibrary Loan 1,923 1,393 294 186 757 258 1,397 73 17 Internet Access 1,258 Music 136 DVDs 2,209 Audio books 235 Miscellaneous 93 Computer Programs 5 1 Total Print 6,298 Total Non -Print 3,936 Total Circulation Library Door Count 10,234 10,022 In -House circulation. Downloadable Audio Downloadable EBooks 69 224 78 Income Fines Xerox Lost/Damaged Test Proctoring Fee Printing Total income 05/11 Interlibrary Loans Ordered Received Returned Loaned by us S 1,374.71 32.25 114.90 00.00 394.25 S 1,916.11 Books 40 22 24 13 Library Cards Issued May 2011 Internet Only 10 Kasitof 4 Kenai 67 Nikiski 9 Soldotna 16 Sterling 2 Non- Resident 3 Organization & Other 8 Total 119 Children's & Family Programs.... 11 Attendees 265 Volunteers 9* Hours 29* *these numbers do not include all those volunteers who helped as move the collection Please note that the library will be closed from June 27 — July 9 so that we can finish moving into the remode ed "old building." This should be our last such closure! A dedicated group of volunteers finished moving books from one section of the old building to a newly finished section early. We had to call some volunteers and let them know their services would not be needed. Some people simply could not stop at one hour shifts and kept on going. Library Commissioners Bryson, Glidden and Peters helped with this. -210- June 2011 Airport Manager's Report Airport Improvement Program: Apron Rehabilitation: Work has started to complete the south apron with the painters to be here the week of June 13. Float Plane Basin Facility Improvement Project: The Float Plane Basin Development Phase One 2011 -2012 Design Study was completed on May 23, 2011 and is being circulated for review and comment. Review and comments should be completed by June 15'". Master Plan — City Administration is working on a scope for this project. Air Fair: Despite the rain, the 11t Annual KPAF was a huge success. The poker run had 55 participants and the barbeque served around 300 lunches. The EAA served over 200 breakfasts at the Soldotna Airport. The military units all expressed their appreciation of the event and said the people of the Kenai Peninsula are the best! A very special thank you to all the City & Council staff who contributed time and efforts; this truly would not have been a success without you!!! Airport Maintenance: Airport staff continues with beautification projects and welcomes any suggestions to improve the airport appearance. The Airport Staff wishes the best of luck to Team Kenai in the All America City Competition! 2011 -06 -211- the afy of KEN I. ALASKA FIRE DEPARTMENT MID -MONTH REPORT June 2011 Summer has come to the Peninsula and the focus at the Fire Department has switched efforts to prepare for the anticipated change in emergency calls. We have finalized the Annual Operating Agreement with State Forestry and expect to have a seamless working arrangement with them in case of wild land fires this summer. A change in their business practices over the last few years has forced us to purchase all our own for wild land firefighting equipment. This should be delivered any day and be placed on the apparatus. All members took part in a refresher training class with State Forestry this past month in preparation for this fire season. The Rescue Boat is almost complete and we will be doing orientation and training near the end of the month for members of the department. Final installation of some electronics is all we have left to do and it will be ready for response. The new Polaris Ranger has had the final installation of lights and markings and will be staged at the 'TP for the month of July while the Seasonal Enforcement Officers use it. It will also be used by the Fire Department in the event of a beach rescue or wild land fire. We have been working closely with the Police Department and KPB OEM with a grant process to have all our radios narrow banded. This is an FCC mandate that will affect many City departments hut pre planning has us in a favorable position to complete this by September 15 ' Two of our members are presently taking their EMI III class in a pilot program that might open up doors across the state for training EMT's. The entire class is being taught over the web. Recent allocations have allowed us to set up a training area with a computer, web camera and TV screen to allow our employees to attend class and never leave the station. This is a pilot program being taught from KPC and will be evaluated at the end of the month by State officials. We are pretty excited to take advantage of this technology. We will being flowing and testing hydrants soon and will work closely with the Water and Sewer department to monitor water levels in the City storage tank. -212- 't city,/ KENAI. ALASKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: June 9, 2011 SUBJECT: Mid - Month Report; Public Works Department PUBLIC WORKS DEPARTMENT JUNE 2 011 REPORT Public Works Operations: Streets Department is grading and applying dust control work. The Dock has all the floats installed and boat ramps cleared of mud. Status of Projects; • Kenai Municipal Airport Rehabilitate Apron — 2009 -2010 —.WCB schedule paving work for June 4, 2011. SWPPP work ordered along ditch lines and Culvert inlets. Anticipated work wilt be paving, runway painting and installing OiHNVater Separator Installation. The contractor will be seeding and cleaning up. Council approved change order 7 and 8 at the June 1st meeting. • Kenai Municipal Airport Master Plan - Work is underway to complete a Professional Services Agreement between the City and Wince- Corthell- Bryson for this project scope of work is being reviewed. • Kenai Municipal Airport Floatplane Basin Development - Phase 1. WCB is working on the relocation of the fence and gate on this project. The Electrical Engineers were provided the electrical base maps and is working on the taxiway lighting and gate controls. The Utility companies are working on relocation, installation plans and estimated costs. • Kenai North Dunes Elevated Light Penetrating Walkways/Ramps — Supply Related Appurtenances. This project is complete. • Recreation Center: The upstairs flooring replacement project is finished installing the new flooring. Project closeout underway. • LED Streetlight Installation — 2011 — The installation of the LED Streetlight was completed on May 27`". Project closeout underway. -213- thee ,o( KENAALASKA The status of the projects is as follows: CAPITAL PROJECT MANAGER MID -MONTH REPORT June 2011 Kenai Community Library Expansion Project — Construction is finishing up on the remodel area, with the grand opening scheduled for July 9, 2011. Water Treatment Facility (Arsenic Ground Water Study) —Bids were opened on April 13 and five bids were received. The contract was awarded to G& S Construction on April 20. Clearing is complete and excavation, submittal and material delivery are underway. Water and Sewer Rate Study, Update — Project Closeout is underway. Togiak to Beaver Loop Water Extension Project —The project was awarded to North Star Paving and construction at the April n`", Notice to proceed was issued on April 18. Construction starting down Beaver Loop and is at the stream crossing. Personal Use Fisheries Capital Project — Funded by approval of Ordinance 2481 -2010 on May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The restroom portion of the project was bid with the Daubenspeck Family Park restroom and was awarded on December 15th, with construction underway. Construction is nearing completion for use for the upcoming dip net fishery. The replacement bridge for the trail is on site. Ordinance 2554 -2011 appropriated $25,000 from US Fish and Wildlife on May 18. Bridge is scheduled for winter installation to meet permit requirements. Vintage Pointe Water Damage Project — contract close out is under way. Baron Park Drive (Kenai: Various Road Improvements)— Clearing is complete, excavation and submittals are under way, construction scheduled to resume later this month. Main Street Reconstruction — Boring occurred in mid October concurrent with Central Heights Boring. This project also included road boring geo -tech on First Street. Construction documents are scheduled to be complete mid June with bid documents released in July. Central Heights Roadway Lighting & Storrn Water Improvements —Work on the geo -tech report is complete. Marathon Park Restroom ( Daubenspeck Family Park) —The restroom construction contract was awarded on December 15`" to Cornerstone Construction LLC, construction is underway with the slab complete and blocks on site. Marathon Park Phase One - Parking Lot Improvements -2011- The pre -bid conference was held on June 8, 11 at 10:00am. The bid opening is June 28, 2011 at 2:00pm. The project is to improve the parking lot at Marathon Park. The Construction Phase will pave and install lighting for the parking lot. -214- eufyuf RENAL ALASKA PARKS & RECREATION MID - MONTH REPORT TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: June 9, 2011 RE: Mid -month Report June 2011 The Remaining seasonal crews started work June 1st with first couple days involving training and familiarization with operational procedures. Routine turf and park maintenance tasks continued without too much hesitation beginning with a general cleanup and removal of debris off turf areas, general pruning of trees to assist with mowing tasks, and enhanced cleaning of park facilities. A total of twelve gardeners are signed up at the Community Gardens. Plots were prepared in advance of the traditional Memorial Day planting. The carnival is set up at the Kenai Park Strip and will be in operation June 10 -12 which will create a busy atmosphere through the weekend. The Volunteer Planting Day went well with several of the City beds getting planted. Crews have been diligently working to complete other areas. Contractor initiated planting of circle planters June 8th and crews will be placing flower boxes on June 10`h. Several of the beds at the Visitors Center were enhanced and received a new look. The Teen Center flooring project was wrapped up in late May and turned out well. The new flooring in the lobby and dance floor area will be much easier for staff to keep clean. A new bench purchased through the Adopt -a -Bench program will be placed at the end of South Forest Drive in memory of Peter Mysing. KENAI, ALASKA ��/ Rick Koch, City Manager From: Terry Eubank, Finance Director Date: June 8, 2011 Re: Monthly Report FINANCE DEPARTMENT MID -MONTH REPORT June 2011 The past month has been a busy one with much of the department's focus on the preparation of FY2012 Budget which was adopted at the June 151 Council meeting. Over the next couple of weeks the final document will be prepared, printed and distributed. Open enrollment has been completed for the City's FY12 health care plan, During this process employees elected to decline coverage for dependents, reenrolled dependents who lost coverage in the past, or enrolled for the first time under the new rules for part-time employees. Open en.rnilment is an annual event but was more involved this year because of changes related to federal health care reform. Insurance renewals were received last week and were better than expected. The City will receive over $90,000 in credits from Alaska Public Entity Insurance for renewing its coverage. Combine these credits with the premiums quoted and insurance costs for FY12 will be much lower than previously estimated and budgeted. A representative from the City's third party collection service was onsite to train City staff on the company's software and Internet interface, The department has begun transferring accounts for collection per the policy adopted by Council. Finance Department June 2011 Mid -Month Report Page 2 of 2 In mid May I attended the annual Government Finance Officers Conference in San Antonio, Texas. The conference is focused on providing information to government finance professionals on the most current and emerging accounting trends, techniques, and issues. I attended a half -day class on health care reform that discussed the changes already implemented and those that are still to come. This last week I attended the 2011 Public Risk Managers Association annual conference in Portland, OR. The trip was provided by Alaska Public Entity Insurance, the City's insurance company for whom I am a board member. This conference was an example of one of the many benefits the City has received for my participation as an APEI board member. The conference provided valuable training on how the City can identify, control, and reduce its exposure to liability. This Council packet contains a supplemental appropriation that if passed, will apply to FY11 but will not be passed until FY12. I do expect to introduce two more Ordinances with retroactive effective dates in July. These Ordinances will be necessary to transfer the actual earnings of the General Land Sale Permanent Fund to the General Fund through June 30 and secondly I will be requesting the transfer of the residual fund balance from the Title III Senior Fund to the Senior Citizen Fund to close the Title III Fund as discussed during the FY12 Budget process. Both actions will need to be done retroactively as the information needed to complete them will not be available until July. AGENDA KENAI CITY COUNCIL — REGULAR MEETING JUNE 15, 2011 ITEM K: ADDITIONAL PUBLIC COMMENT 2. Council Member Comments Attachments Council Member Molloy's Comments: - Pat halkenberg Partial Verbatim, 6/08/11 Meeting, Planning & Zoning Commission. - Charter, Section 2 -4. Council: Powers. - KMC 1.10.020. Powers. - KMC 1.90.050. Proceedings. - KMC 14.05.010. Duties and Powers. CITY OF KENAI PLANNING & ZONING COMMISSION JUNE 8, 201.1 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF' TWAIT, PRESIDING PARTIAL VERBATIM Pat Falkenberg, 399 McCollum, Kenai: I'm going to set down because I'm not feeling very well but I am here this evening. Chair Twait: Can I get you to state your name forme. Falkenberg: I did feel it was important to.. Twait: Can I get you to state your name for me, please. Falkenberg: It's Pat Falkenberg. 1 think its important that I do address the issue of our ordinance and our neighborhood. I really do feel that it's important that the Council and the Planning and Zoning go to work and get this job done. Do you know how many years our community has asked for this? Since 1985. How can we as a citizen, I mean, I sat out there and listened to you guys throwing things back and forth. How am I supposed to have confidence in a Council and a Planning and Zoning Commission if we can't get a job done in that many years? What is in this ordinance is what we've always asked for in our community. To be Rural Residential. To have a say in what happens in our neighborhood. I did hear one of you say -- well, this is just going to ruin my summer -- well, how many summers do you think that the citizens have put into this? How many summers, how many nights, how many hours do you think that we've put into trying to do this the right way? And I mean, we came to one of the Councilmen, we asked him for his help, he's put hours in, we're trying to do this the right way. I feel very discouraged that ifs not happening. And it's not happening sooner than later. I mean, how much longer do we have to have a delay? Why can't you guys just say -- okay, this is your neighborhood, what are these land uses, what can we live with and what can't we live with. I mean, it's very frustrating as a citizen. How many hours did I sit here and listen to you guys tonight? Not knowing which direction, what the right foot or the left foot is doing. How am I supposed to have confidence things are supposed to happen? I guess that's really all I have to say but I'm very, very discouraged and I just think that the City Council and Planning and Zoning owes us the work that you guys need to get done. Twait: I would agree, I think I'm going to speak for Mr. Navarre to clarify, I think he was the one that mentioned about the summer, I believe the point made was, earlier in the work session, the public input is going to be harder to get during the summer. We're going to be here regardless, but I think the point was that we won't get as much public input in this short amount of time when everybody is out busy doing things in the summer, but like I said, I'm not trying to speak for Mr. Navarre but I think that was what his point was. Falkenberg: Well, you know, we spent a lot of summers, a lot of winters, a IM of hours, three, four, five o'clock in the morning trying to research. I know that my community has put an awfully lot of work, time and effort in this and it's very discouraging to me as an older citizen who's lived in this community for 50 years to see this happening, I'm really am disappointed. And thank you for listening. Twait: Thank you. 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 legislation 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; 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 otherquasi- 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 the offices, 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) (5) 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 C -3 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.) 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 248. Councilmen: Removal. The Mayor or any other councilman may be removed from office for any cause specified by applicable state law for the removal of officers, and in the manner prescribed thereby, or by recall as provided in this Charter. Section 2-9. Council: Vacancies. (a) The Council, by a majority vote of its remain- 1.10.010 Sections: 1.10.010 1.10.020 1.10.030 1.10.040 1.10.050 1.10.060 1.10.070 Chapter 1.10 THE COUNCIL Makeup of the Council. Powers. Organization meeting. Time of regular meeting. Place of meeting. Calling special meetings. Council chambers and conference rooms. 1.10.010 Makeup of the Council. There shall be a City Council of seven (7) me_m_bers, consisting of the Mayor and six (6) other Council Members, as provided by the City Charter, Section 2 -1. When the term "Councilman" or "Councilmen" or "Council Member(s)" is used in the ordinances, in the Charter, and elsewhere, it shall be deemed to include the Mayor, as well as other Council Members, unless otherwise clearly indicated by the context. (KC 1- 2;.Ord. 2497 -2010) 1.10.020 Powers. The Council shall have and may exercise all legislative powers not prohibited by law or by the City Charter. It shall have all powers delegated to it by the City Charter and by law. (KC 1 -3; Ord. 2497 -2010) 1.10.030 Organization meeting. The terms of newly - elected Council Members shall begin at the time prescribed for the second regular Council meeting after their election, as pro- vided by the City Charter, Section 10 -2. At said meeting, the Council Member -elect present shall take and subscribe to the oath or affirmation of of- fice, which shall be administered by the City Clerk or other authorized person. At this meeting, or as soon thereafter as practicable, the Council shall elect a Vice -Mayor and otherwise organize for the ensuing year as needed and undertake its duties. (KC 1 -4; Ord. 2497 -2010) (Kenai Supp. No. 96, 11 -10) 4 1.10.040 Time of regular meeting. The regular meeting of the Council of the City of Kenai, Alaska shall be at a time set by a resolution of the Council on the first and third Wednesdays of every month unless circumstances warrant deviation of the regular meeting date when the Council, by majority vote, may change the date and give public notice of such change. (KC 1 -5; Ords. 476, 2139-2006, 2497-2010) 1.10.050 Place of meeting. Meetings of the City Council, regular or spe- cial, shall be held in the Council chambers in the City Hall unless otherwise designated by the Mayor. This provision shall not apply to executive sessions of the Council. (KC 1 -6; Ords. 217, 255, 654, 2497 -2010) 1.10.060 Calling special meetings. (a) The Mayor or any four (4) Council Members may call a special meeting of the Council upon not less than four (4) days written or oral notice communicated to each Council Member and the Mayor. A special meeting called on shorter notice than four (4) days shall be a valid meeting if the Council, by unanimous vote of all Council Members pre - sent at the meeting, adopts a motion or resolu- tion finding that an emergency justifying such meeting exists and that the public interest re- quires the Council to meet on shorter notice. An emergency exists when, in the judgment of the Council, immediate action of the Council is necessary to protect or preserve the finances of the City and/or to protect or pre- serve the public peace, health, or safety. (b) The City Clerk shall give oral or written no- tice of a special meeting to each Council Member at least four (4) days before the time of holding such special meeting; however, no service of notice of the special meeting need be made upon the person(s) who issued the call of the special meeting or where the call of the meeting was made at a regular meeting of the Council. Written notice shall be consid- be appointed for three (3) years. Terms shall commence on January 1st of each year. L90.050 Proceedings. (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open o inspection by any person.'AII acts of board an comml ees are sub- ject to the paramount authority of the -City Council (b) If the commission, committee or -board mem- ber shall be absent, without the body excusing the absence for good cause, from more than one -half of all the meetings of his or her com- mittee, commission or board, regular and spe- cial, held within any period of three (3) con- secutive calendar months, he or she shall thereupon cease to hold the seat. A commis- sion, committee or board member may not have more than three (3) excused absences during a twelve (12) month calendar year, (c) In all matters of parliamentary procedure, Robert's Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KIM 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, vot- ing. (d) The responsibility of insuring that all mem- bers of boards, commissions and committees receive a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. (Ords. 1610 -94; 2017 -2003; 2050 -2004; 2140- 2006) 34 -1 1.90.040 1.90.060 Specific requirements of boards, commissions and committees. Requirements of boards, commissions and committees as set forth in KMC 1.90 are general requirements and shall be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual boards, commissions and committees. (Ords. 1223, 1239) (Kenai Supp. No. 93, 10 -08) Chapter 14.05 PLANNING AND ZONING COMMISSION Sections: 14.05.010 14.05.020 Fees. Duties and powers. 14.05.010 Duties and powers. (a) The Commission shall be required to per- form the following duties. (1) Review and act upon requests for vari- ance permits, conditional use permits, planned unit residential development permits, and other matters requiring consideration under the Kenai Zoning Code. (2) Interpret the provisions of the Kenai Zoning code and make determinations when requested by the Administrative Official. Review the City of Kenai Comprehen- sive Plan on an annual basis and con- duct a minimum of one (1) public hear- ing. Said recommendations shall be forwarded to the Council for consid- eration. (4) Promote public interest and under- standing of comprehensive planning, platting, zoning, land management, and other issues relating to community planning and development. Proposed plans for the rehabilitation or redevelopment of any area or district within the City. (6) Perform historic preservation reviews and duties as set froth in KMC 14.20.105. (b) The Commission shall act in an advisory capacity to the Kenai City Council regarding the following matters: (1) Kenai Zoning Code and Official City of Kenai Zoning Map amendments. (2) City and airport land lease or sale peti- tions. (3) (5) 233 14.05.010 (3) Capital Improvements Programming. The Commission shall submit annually to the Council a list of recommended capital improvements which, in the opinion of the Commission, are neces- sary and desirable to be constructed during the forthcoming three -year pe- riod. Such list shall be arranged in or- der of preference, with recommenda- tions as to which projects shall be con- structed in which year. (c) The Commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the follow- ing matters: (1) Subdivision Plat proposals. (2) Right-of-way and easement vacation petitions. City of Kenai Comprehensive Plan amendments. (d) Members of the Planning and Zoning Com- mission shall be compensated at the rate of one hundred dollars ($100.00) per month. (KMC 14 -3; Ords. 155, 403, 1018, 1161, 1179, 1892-2000, 2312-2008) (3) 14.05.020 Fees. In order to defray the expenses connected with the consideration of applications for vari- ances and conditional use permits, the person pre- senting the application shall pay to the City Clerk a fee in the amount of one hundred dollars ($100.00). A fee in the amount of one hundred dollars ($100.00) shall accompany an application for amendment to the Kenai Zoning Code or Offi- cial Map. Whether an application is granted or denied by the Commission, the petitioner or ap- plicant shall not be entitled to the return of the fee paid. (KMC 14 -11; Ords. 403, 954, 1161, 1179) (Kenai Supp. No. 93, 10.08) INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUNE 15, 2011 1. 6/15/2011 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of $ 5,000. 3. Special Use Permit -- Ashley Bulot Hansen d /b /a AK KIDS, a portion of Lot 12, Block 1, Etolin Subdivision No, 3. 4. 6/8/2011 Comprehensive Plan Update. 5. Commission / Committee Applications: Harmony J. Curtis, Planning & Zoning, Mini -Gran t Steering Committee Jill Lee, Beautification Committee 6. 6/9/2011 Senator Mark Begich letter congratulating the City of Kenai on being selected as a finalist in the National Civic League's 2011 All- America City Awards. -219- N N O PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JUNE 15, 2011 VENDOR DESCRIPTION DEPT. ACCOUNT NORTHERN TECHNOLOGY EBSCO INGRAM LIBRARY SERVICES AMAZON.COM ALASKA MAP CO. LN CURTIS LN CURTIS PREFERRED PLUMBING ALASKA PUMP & SUPPY HOLDEN COMPANY YUKON EQUIPMENT HD WATERWORKS HOMER ELECTRIC YUKON EQUIPMENT (3) COMPUTERS ANNUAL SUBSCRIPTIONS BOOKS BOOKS SURVEY MONUMENT:3 AT CEMETERY HURST EQUIPMENT FIRE EQUIPMENT WATER CONDITIONER LIFT STATION PUMP REPLACE DAMAGED FENCE ON S. BEACH BROOMS FOR SWEEPERS REPAIR CLAMPS, SLEEVES RELOCATE POWER - VVATER TREATMENT FACILITY SNOW BLOWER REEL PARTS LIBRARY LI BRARY LIBRARY LIBRARY CEMETERY IMPS. FIRE FIRE DOCK SEWER PARKS STREETS WATER & SEWER WH4 SHOP SMALL TOOLS BOOKS BOOKS BOOKS PROF. SERVICES SMALL TOOLS SMALL TOOLS REPAIR & MAINT. MACHINERY & EQUIP. PROF. SERVICES OPERATING SUPPLIES OPERATING SUPPLIES AMOUNT 2,986.00 3,696.40 8,500.00 7,000.00 2,620.00 4,470.00 4,987.09 2,552.00 4,964.00 8,000.00 10,341.86 6,125.00 CONSTRUCTION 12,771.59 OPERATING SUPPLIES 14,393.95 SPECIAL USE PERMIT THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and requirements set forth below, hereby grants to ASHLEY BULOT HANSEN D/B/A AK KIDS (PERMITTEE), whose address is 130 South Willow, Unit 9, Kenai, AK 99611, the non - exclusive right to use that area described below: A portion of Lot 12, Block 1, Etolin Subdivision No. 3 and: Commencing from the South East Corner of Lot 12 and the true point of beginning thence N 19 °49'55 "E – 50 ft. to a point, thence N 61 °13'53 "W – 60 ft, to a point thence S 19 °49'55 "W – 50 ft. thence S 61 °13'53 "E – 60 ft. back to the true point of beginning and containing 2,96158 square feet more or less, hereafter referred to as "the Premises." The Premises is further described in Exhi.bit A. In the event of conflict between this description and Exhibit A, the description above shall prevail. 1. TERM: This special use pemut shall commence on the day of June, 2011, and shall extend to and through day of June, 2012. 2. PERMIT FEES. The Permittee shall pay $792.00 per year, plus applicable sales tax. This fee is computed based upon the following calculation: 3,000 s.f. x $3.30 x 8% of the fair market value of the Premises. Permittee shall pay the City the fee on or before the first day of this permit beginning , 2011. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska, 210 Fidaigo Avenue, Kenai, Alaska 99611 on or before the due date. In addition to the permit fee specified above, Permittee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: a) Sales tax now enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a monthly or yearly basis; Special Use Permit —AK Kids Page 1 of 7 L: \A irport.Agt. SU P.AK.Kids.053 l I 1 -221- b) All necessary licenses and permits, pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or by any other tax levying body, upon any taxable possessory right which Lessee may have in or to the Premises by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided for by law. c) Interest at the rate of eight percent (8 %) per annum and penalties of ten percent (10 %) of any amount of money owed under this Special Use Permit, which money or fee not paid on or before the date it becomes due. d) Costs and expenses incident to this Special Use Permit including, but not limited to, recording costs. 3. USE. The use of the Premises by Permittee is limited to its use as an outdoor p1 area for children. Use of the Premises is subject to the following conditions: a) Permittee shall maintain the outdoor play area in good repair, clean of garbage or junk. b) Permittee shall use the Premises for an outdoor play area only. Permittee shall not make any permanent improvements to the Premises other than the following: clearing, planting grass and installing a fence. This use is further subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. 4. LICENCES AND PERMITS; LAWS. Permittee shall obtain and maintain all required federal, state, and local licenses, permits, certificates, and other documents required for its operations under the Permit. Pernittee shall provide proof of compliance to the City upon request by the City. Permittee shall adhere to all federal, state, and Local laws, ordinance and regulations while conducting its activities on the Premises 5. NO EXCLUSIVITY. This Permit is not intended to grant any exclusive use to the described Premises except as otherwise expressly provided herein. Special Use Permit —AK Kids Page 2 of 7 L:\Airport.Agt.SUP.AK. Kids.053 1 1 1 -222- 6. INSURANCE. Pernittee shall, throughout the term of this Permit, and at its own expense, secure and keep in force adequate insurance, as stated below, to protect the City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. a) Comprehensive general liability insurance protecting Permittee and covering all of its activities in the City of Kenai related to or arising out of its use of the Premises, with such insurance to be evidenced by a certificate of insurance showing the insurance in force. Said comprehensive general liability insurance shall be in the form of policy commonly known as a level limit policy combining bodily injury and property and in an amount not less than $2,000,000. b) Worker `s compensation insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045, and, further, Permittee is responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. All insurance required must meet the following additional requirements: a) Name the City as an additional insured and in all cases where possible shall contain a waiver of subrogation against the City. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. Ali policies A.M. Best. 11 be by a company /corporation currently rated "A - "or better by Evidence of Insurance Coverage: a) Permittee shall submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. b) Evidence of insurance coverage must be submitted to the City by June , 2011. Special Use Permit —AK Kids Page 3 of 7 L: \A i rpo rt. Agt. S U P. AK. Ki d s.05 3111 -223- The effective date of the insurance shall be no later than June , 2011. The indemnification, hold harmless, and insurance coverage requirements stated herein do not relieve the Permittee of any other obligation under this Permit. The City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. The City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, the Permittee will submit to the City evidence of insurance coverage that meets the requirements of the City. 7. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. Permittee agrees to fully indemnify, defend, and save harmless, the City of Kenai, its officers, agents, employees, and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description, including any fees and /or costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities "), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Permittee in connection with its use of the Premises. This shall be a continuing release and shall remain in effect after termination of this Special Use Permit. 8. PERSONALITY. Permittee shall remove any and all personal property from the Premises at the termination of this Permit (or any renewal thereof). Personal property pt and /or impounded by the City, r,are.r! or used upon tie£-. Premises will he removed he ..,�� if not removed upon termination of this Permit and when so removed and /or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 9. NO WAIVER. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 10. MUTUAL CANCELLATION. This Permit may be cancelled in whole or in part with ninety (90) days written notice by Permittee or the City. Special Use Permit —AK Kids Page 4 of 7 L:W irport.Agt.SUP.AK.Kids.053111 -224- 11. NO ALCOHOL. No possession or consumption of alcoholic beverages is pemutted on the Premises. 12. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 13. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume all risks incurred in its use of the Premises. 14. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 15. CONTACT INFORMATION. The Contact information for the Permittee, and the person in responsible charge for Permittee during the term of the Permit, for purposes of notice and all communications from City to Permittee is: Ashley Buiot Hansen d/b /a AK Kids P.O. Box 1954 130 South Willow, Unit 9 Kenai, AK 99611 (907) 335-5449 (907) 335-5484 The Contact Information for the City for purposes of notice and all communications from Permittee to the City is: City Manager 210 Fidalgo Avenue Kenai, Alaska 99611 Telephone: 907- 283 -8222 Fax: 907 -283 -3014 Email: rkoch@ci.kenai.ak.us 16. AUTHORITY. By signing this Permit, Permittee represents that it has read this agreement and it agrees to be bound by the terms and conditions herein and that the Special Use Permit —AK Kids Page 5 of 7 L:\ A irport.Agt.SUP.AK.Kids.053 t I I -225- person signing this Permit is duly authorized by the company to bind the company hereunder. Approved as to form: S, Steams City Attorney STATE OF ALASKA ) sis THIRD JUDICIAL DISTRICT CITY OF KENAI By: Rick R. Koch City Manager ASHLEY BULOT HANSEN By: Ashley Bulot Hansen d /b /a AK Kids THIS I5 TO CERTIFY that on the day of June, 201 I, RICK R. KOCH, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: Special Use Permit —AK Kids Page 6 of 7 L:1 Airport. Ag .SUP:AK.Kids.053111 -226- STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of June, 2011, foregoing instrument was acknowledged before me by ASHLEY BULOT HANSON. Notary Public for Alaska My Commission Expires: Special Use Permit —AK Kids Page 7 of 7 L: \Airport.Agt.SUP.AK.K ids.05311 -227- PROJECT LOCATION i iirer waif viw r „ft • s KE I SPUR VICINITY MAP LOT 12 m as^ Exhibit A 00 0 200 GRAPHIC SCALE Legal Description A Poldun of Lot 12, Block 1, Etolin Subdivision No. 3 Described as follows: Commencing from the South East Corner Of Lot 12 and The True Point Of Beginning Thence N19 °49'55 "E - 50 ft. To a Point, Thence N 61° 13' 53" W - 60 ft.. To a Point, Thence S 19 °49'55" W - 50 ft. Thence 5 61 °13'53" E - 60 ft. Back to the True Point Of Beginning and Containing 2,963.58 Square Feet More Or Less. % OF II r,c • MADDEN u'w 0. CE 7235 2 474 S -rG If -k -228- CITY OF KENAI ETOLIN SUBDIVISION NO. 3 LOT 12 BLOCK 1 WILLOW ST. DAY CARE PREPARED BY ;WINCE- CORTHELL- BRYSON BOX 1091 KENAI, AK 283-4672 DATEt646'211 I SCALE: 114-206 CHECK Bb O•M. DRAWNBY:Vt. Joe NO. 201412 'Village with a Past, Ci with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 -0II Telephone: 907 - 283 -75351 FAX: 907 -283 -3014 t I I MEMO: TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administratio DATE: June 8, 2011 SUBJECT: Comprehensive Plan Update 1997 A successful strategic planning meeting was held on June 8th with business owners at the Kenai Senior Center. The meeting was a collaborative effort with the City of Kenai and Kenai Chamber of Commerce co- sponsoring the event. The meeting was attended by approximately 30 individuals representing a broad -range of businesses. The ideas and suggestions from the meeting will be compiled, added to the City's web page, and sent to all participants. Eventually these ideas will be used in developing goals and objectives for the Plan. Thanks again to Rachael and Kathy and the staff at the Senior Center for hosting the event. The Planning & Zoning Commission will begin holding work sessions on the proposed Future Land Use map at their June 8th meeting. Land use classifications have been suggested which are general in nature and do not mirror zoning classifications. These classifications may be amended by the Commission as they go through the process. A meeting is being held with the Consultants on June 8th to review the schedule for the Plan. We will discussing other methods to obtain public information which may include a web -based survey, scientific survey, newspaper inserts, newsletters, etc. We will also discuss scheduling meetings with other groups and agencies. -229- DATE: NAME: Y,4C1n CITY OF KENAI "Village with a past -- City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED JUN -3 2011 KENAI CITY CLERK Resident of the City of Kenai? __yP Residence Address RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283-5068 'SZ- %% How long? ?Irv-)ve4� 0 Mailing Address ($I / KettA'A i Home Fax No. Business Fax No May we include your contact information include? (� ,t '76I (Home Telephone No. 223 - 3770 mess Telephone No ail Address: ,a 't yRG t■ yyn G nn rc -i on our web page? ALL If not all, what information may we LOVER: _Sad e n� Job Title NAME OF SPOUSE: / lOsikn i (. 1111(i Current membership in organizations : Ak-03 7,, WP, ASSN,m_bi Asi A nv, 1ra/46 1 424ex Past organizational memberships: FFAt Moose 11$ii1'rP ivi 4Y4C171 eielp / e Vi(A) Vi( COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: IP 1(VrA on n v - 2nv, _Cr,innsga ' • ,)cr nxfPr 1po..e. AA ;0; - r r., vi J <>1eF WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? p .1- ie lOricer iN �q "� n� (n rt. (�'� )) i, s 1- O. r.� "(aj io.�' LA);in f %� In1- 1'r✓�4j ylviol., r.+i J rvA _cr ■ vj55 +5) _cp Pse ' 0ociliuS° Llr !Sc LAPS. .1 inP M i.'�'i - rii r-00: A ilrP -4-r∎ Z5r-ti lj u.y .,-?� rpi.nc •in�nii stet,. .r__e_AL,Lnv1 !:[G:-'�i Y� Ct ✓,d ip c,q rna AnS!! i P. �G t . WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? � c X�rriiw v L v'� � rvi y nand _. rj,n.c.JJ Z Innvt� r.rnrlet' 4 -hr .1-c, nt. �-F Ttrr.✓iapnr -lrt +icon nt. five l by jn vr,l_ +L.v. -230- DATE: Me cey of KE AL ALASKA NAME: ) (1 L e c CITY OF KENAI "Village with a pass -- City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED JUN - 6 2011 CITY CLERK RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 HONE: 283 -7535, EXT. 231 FAX: 283 -5068 Resident of the City of Kenai? `C.- How long? Residence Address 403 71, 67 r /1 S±-. \ en a L/ Mailing Address ; U en ,,� 1' �; / -> I Home Telephone No. Home Fax No. Business Telephone No Business Fax No. Email Address- (7 //l/l �) Kl 1%t s May we include your contact info�iivation on our web page? ALL If not all, what infor include? 617 /e cc ce_ C'i<C t kcLe- /) /IJV9 � 17/ d 4,4 b -- EMPLOYER: 5'E -I -C atio nay we Job Title NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: f COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: P)eC L ?' 7 �i�' {-` {` 0 /- WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? /o17e, gCrr'ate *i 9'n on- )MCV.tik1il/ l 4t/din' WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? exp.er fet7Ced% 1)0m f', Via./ (-a7Pb^ Signature -231- COMMITTEE ON ARMED SERVICES MARK BEGICH ALASKA COMMITTEE ON COMMITTEE ON THE BUDGET COMMERCE, SCIENCE, AND TRANSPORTATION COMMITTEE ON VETERANS' AFFAIRS d *tares *cute WASHINGTON, DC 20510 May 9, 2011 RECEIVED JUN -72011 The Honorable Pat Porter Mayor KENAI CITY CLEr i5 City of Kenai 2].0 Fidalgo Avenue Kenai, AK 9961 1 Dear Jviayor Porter: Congratulations to the City of Kenai on being selected as a finalist in the National Civic League's 2011 All- America City Awards, the only finalist city from Alaska. Because of Kenai's efforts, commitment, and the three community- driven projects submitted— taking the lead in forming the Kenai River Working Group to protect the health of the Kenai River; Kenai's Wildlife Conservation Community Program that was initiated by your highly successful Bear -Safe Neighborhood pilot project; and the success of the Caring for the Kenai program that is now being introduced as a national program —you are most deserving of this recognition. You are to be commended for your ingenuity, collaboration and success in working on th.ese pressing local challenges. Congratulations, again, on reaching this level of the competition. 1 wish you the best in the final competition in Kansas City next month. SUITE 750 510 L STREET ANCHORAGE, AK 99501 SUITE 206 101 12414 AVENUE FAIRBANKS, AK 99701 Sincerely, Mark Begich • United States Senator SUITE 308 ONE SEALASKA PLAZA JUNEAU, 4599901 SUITE 101 505 FRONTAGE ROAD KENAI, AK99611 SUITE 230 1900 FIRST AVENUE KETCHIKAN, AK 999901 SUITE SR -144 RUSSELL BUILDING WASHINGTON, 00 20510- 1907(271 -59'15 07)456 -0261 1907) 586 -7700 1907) 253 -0000 (907) 225-3000 1202)224 -3004 -232- NOTICE OF PUBLIC HEARING JUNE 15, 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. 1. 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." 2. 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. 3. 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. 4. 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. 5. 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. 6. Resolution No. 2011 -47 -- Directing the Continuation of the Project Entitled "James Street Special Assessment District" and Designating What Improvements are to be Included in this Project. 7. Resolution No. 2011 -48 -- Directing the Continuation of the Project Entitled "James Street and Kiana Lane Special Assessment District" and Designating What Improvements are to be Included in this Project. 8. Resolution No. 2011 -49 -- Authorizing the city Manager to Enter Into a Three -Year Agreement for Insurance Coverage with Alaska Public Entity Insurance (APE!) to Commence July 1, 2011 and End June 30, 2014. 9. Resolution No. 2011 -50 -- Authorizing a Budget Transfer Within the General Fund to Redirect An Amount Previously Appropriated for An Alternative Energy Project to Upgrade the City Council Chambers Audio /Visual Equipment and Internet Camera System. 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: June 10, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JUNE 15, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resoluti.on(s) at the above - referenced meeting. 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. 2. 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. 3. Resolution No. 2011 -48 -- Directing the Continuation of the Project Entitled "James Street and Kiana Lane Special Assessment District" and Designating What Improvements are to be Included in this Project. 4. Resolution No. 2011 -49 -- Authorizing the city Manager to Enter Into a Three -Year Agreement for Insurance Coverage with. Alaska Public Entity Insurance (APEI) to Commence July 1, 2011 and End June 30, 2014. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: June 16, 2011 AGENDA KENAI CITY COUNCIL — REGULAR MEETING JUNE 15,2011 7:00 P.M. xExwatasxa KENAI CITY COUNCIL CHAMBERS http://www.ci.kenalaktis ITEM A(5): Appreciation of Carol L. Freas, Kenai City Clerk, On Retirement ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) Janice Chumley /Michelle Martin -- Alaska Weed Awareness Week and the First Annual Kenai Weed Smackdown. 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. 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." 2. 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. 3. 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. 4. 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. 5. 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. 6. Resolution No. 2011 -47 -- Directing the Continuation of the Project Entitled "James Street Special Assessment District" and Designating What Improvements are to be Included in this Project. 7. Resolution No. 2011 -48 -- Directing the Continuation of the Project Entitled "James Street and Kiana Lane Special Assessment District" and Designating What Improvements are to be Included in this Project. 8. Resolution No. 2011 -49 -- Authorizing the city Manager to Enter Into a Three -Year Agreement for Insurance Coverage with Alaska Public Entity Insurance (APED to Commence July 1, 2011 and End June 30, 2014. 9. Resolution No. 2011 -50 -- Authorizing a Budget Transfer Within the General Fund to Redirect An Amount Previously Appropriated for An Alternative Energy Project to Upgrade the City Council Chambers AudioNisual Equipment and Internet Camera System. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2565 -2011 -- Amending the 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 KMC 14.20.185, to Clarify that Appeals are Subject to the Process in KMC 14.20.290. 4. *Ordinance No. 2566 -2011 -- Increasing Estimated Revenues and Appropriations in the General Fund and in the Senior Citizens Fund for the Purchase of a New Meals -On- Wheels Delivery Van Utilizing the State of Alaska Fleet Purchasing Program. 5 *Ordinance No. 2567 -2011 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel" Including, 23.50.010 Entitled, Employee Classification "; and, 23.55 Fiscal Year 2012 Operating Budget Salary Schedule. 6. "Ordinance No. 2568 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011. 7. Action /Approval -- Vacation of Eadies Way, a 3 -Foot Public Right -of- Way Adjacent to the West Side of Lots 6 Through 8, Dedicated by Edgington Subdivision No, 1 (Plat KN 994), and Adjacent to the East Boundary of Lot 1, of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86) Within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai Within the Kenai Peninsula Borough; KPB File 2011 -040; Location: City of Kenai. 8. Action /Approval -- Assignment and Assumption of Lease Agreement /From Decor Industries, Inc. and Inlet Industries, Inc. to Shilling Rentals -- Lots 1, 2 & 4, Block 3, Cook Inlet Industrial Air Park (the Lease). 9. Discussion -- City Clerk Recruitment 10. Action /Approval -- Linda Murphy /ClerkWorks' Proposal for Project: City Clerk Recruitment. 11. Action /Approval -- Granicus, Inc. Service Agreement EXECUTIVE SESSION -- None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 FidaIgo Avenue, or visit our website at http: / /www.ci.kenai.ak.us, Carol L. Freas, City Clerk D/211 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA }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 Council 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 in the issues on the following dates: June 13, 2011 X SUBSCRIBED AND SWORN to me before th- 23rd day of June 2011 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 KENAI CITY COUNCIL - REGULAR MEETING JUNE 15;2011 KENAI CITY COUNCIL CHAMBERS http7 /www.ci:kenai ak us -. ITEM A(5): Appreciation of Carol L. Freas Kenai City Clerk On Retirement ITEM B: SCHEDULED PUBLIC COMMENTS (Public comme limited to 10 minutes per speaker) 1. Janice:Chumley /Michelle Martin -- Alaska Weed Awareness Week and the First Annual Kenai Weed Smackdown 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. 2560 -2011 -- Amending Kenai Municipal Code Section 12 25.030, 'Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What isa''Junk Vehicle" 2. 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. 3 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 ` 4. 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. 5. Ordinance No. 2564.2011 -- Amending Kenai Municipal Code Section 10.30, "Record - Retention,' to Add a New Section 70.30060` '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 6. Resolution No. 2011 -47 — Directing the Continuation of the Project Entitled "James Street Special Assessment District" and Designating What improvements are to be Included in this Project 7 Resolution No. 201148 Directing the Continuation of the Project' Entitled "James Street and Kiana Lane Special Assessment District" and Designating What Improvements are to be Included in this Project 8 Resolution No. 2011 -49 -- Authorizing the city Manager to Enter Into a Three -Year Agreement for Insurance Coverage with Alaska Public Entity Insurance (APEI) to Commence July 1, 2011 and End June 30,. 2014. 9 Resolution No. 2011-50 -- Authorizing a Budget Transfer Within the General Fund to Redirect An Amount Previously Appropriated for An Alternative Energy Project to Upgrade the City Council Chambers AudioNisual Equipment and Internet Camera System ITEM F: UNFINISHED. BUSINESS ITEM G: NEW BUSINESS. -- 1 Ratification of Bills 2 Approval of Purchase Orders Exceeding $15,000 3 "Ordinance No. 2565-2011 — Amending the 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 KMC 14.20.185, to. Clanfy that Appeals are Subject to the Process in KMC 1420.290. 4. 'Ordinance No. 2566 -2011 -- Increasing Estimated Revenues and. Appropriations in the General Fund and in the Senior Citizens Fund for the Purchase of a New. Meals -On- Wheels Delivery Van Utilizing the State of Alaska Fleet Purchasing Program. 5. 'Ordinance No. 2567.2011 -- Amending the Kenai Municipal Code; Chapter. 23.55 Entitled "Personnel" Including, .23.50.010 Entitled. Employee Classification ", and, 23.55 Fiscal Year 2012 Operating Budget Salary Schedule 6. *Ordinance No. 2568-2011 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011 7. Action /Approval -- Vacation of Eadies Way a 3-Foot Public Right-of- Way Adjacent to the West Side of Lots 6 Through 8, Dedicated by Edgington Subdivision Na 1 (Plat KN 994), and Adjacent to the East Boundary of Lot 1, of D.E. Oehler Subdivision No 2 (Plat KN 92 -86) Within Section 31, Township 6 North, Range 11 West, Seward Mendian, Alaska and in the City of, Kenai Within the Kenai Peninsula Borough; KPB "File 2011 -040; Location: City of Kenai. 8. Action /Approval — Assignment and Assumption of Lease Agreement/From Decor Industries, Inc. and Inlet Industries, Inc.:: to Shilling Rentals - Lots 1; 2 & 4, Block 3, Cook Inlet Industrial Air Park (the Lease). 9. Discussion -- City Clerk Recruitment =10. Action /Approval r Linda Murphy /ClerkWorks "Proposal for Project City Clerk Recruitment 11. Action /Approval -- Granicus Inc Service Agreement EXECUTIVE SESSION -- None Scheduled. ITEM M: ADJOURNMENT -' The public is invited to attend and participate: Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at htto://www.ci.kenatak.us. us. Carol L. Freas, City Clerk D742/2