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HomeMy WebLinkAbout2011-07-06 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Mayor Council - Bookey, Boyle, Gabriel, Moore Clerk City Manager City Attorney Finance Library Fire Department Cunningham Kebschull Student Rep. Hall Binder Clarion KSRM Mellish Schmidt ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. 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V'306,4, MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY 00SPIVIAtsitemmompf MARQUIS Page OR of 3-- M NI V S V MOLLOY Y BOYLE BOYLE A MOORE PORTER I GABRIEL MOORE 'Y GABRIEL MARQUIS BOOKEY Mt: 'If*: ,,v. r: Ig :fc T''' MARQUIS MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY 00SPIVIAtsitemmompf MARQUIS Page OR of 3-- M MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS M S V MOLLOY V MOLLOY BOYLE PORTER MOORE PORTER GABRIEL BOOKEY GABRIEL MARQUIS M MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS M S V MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY Mt: 'If*: ,,v. r: Ig MARQUIS M MOLLOY BOYLE PORTER MOORE GABRIEL BOOKEY MARQUIS JULY 6, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: ADD TO: Agenda -- Corrected agenda (Scheduled Public Comments) CITY CLERK B -3, Thomas R. Daly -- Procurement Matters: The Economic CITY CLERK Impact of Local Suppliers G -4, Schedule Board of Adjustment Hearing -- July, August CITY CLERK And September 2011 Calendars CONSENT AGENDA None. AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 6, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 13: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Frank Arbelovsky, Senior Connection -- Meals -on- Wheels Annual Donation 2. Glenda Landua, Kenai Peninsula Borough Office of Emergency Management -- Kenai Community Emergency Response Team (CERT) Program Overview. 3. Thomas R. Daly, Kenai -- Procurement Matters: The Economic Impact of Local Suppliers, Civic Economics. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 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 Fleet Purchasing Program 3. 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 46 4. Ordinance No. 2568 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011 51 5. Resolution No. 2011 -51 -- Amending the City of Kenai Retention Schedule 55 6. Resolution No. 2011 -52 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Increase Airport Fees for Signatory and Non - Signatory Aircraft Landing Fees and Terminal Building Rent for Exclusive and Joint Use Space 78 7. Resolution No. 2011 -53 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Decrease Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches to the FY11 Rate of $15.00 per 12 Hour Period for Parking and $15.00 per Overnight Camping.... 81 8. Resolution No. 2011 -54 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Correct Fouuatting of the Senior Center Meal -- Suggested Donations Section, to Increase the Child and Adult Non - Senior Meal Prices, and to Increase the Suggested Meal Donation Amount for Senior Meals.. 84 9. Resolution No. 2011 -55 -- Awarding a Contract to Foster Construction, Inc. for the Project Entitled Marathon Park Phase I- Parking Lot Improvements 2011 for the Total Amount of $161,496.00 ITEM E: MINUTES 87 1. *Regular Meeting of June 15, 2011 89 2. *Work Session Notes of June 9, 2011 113 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 116 2. Approval of Purchase Orders Exceeding $15,000 117 3. Action /Approval -- Amendment to Lease /Purpose -- Aircraft Operation and Maintenance to Air Freight Shipping and Receiving or Aircraft Parking -- Schilling Rentals, LLC /Lot 3, Block 2, General Aviation Apron 118 4. Discussion -- Schedule Board of Adjustment Hearing 124 5. Discussion /Action -- Deputy Clerk Position 6. Discussion /Action -- Setting Salaries of City Manager, City Attorney and City Clerk ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 125 2. Airport Commission 129 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 133 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee 140 d. Kenai Convention & Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION -- Concerning a matter that could prejudice the reputation and character of another -- City Manager Performance (at City Manager's request). 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 Pei ,witted," 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.) 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. (Clerk's Note: At its June 15, 2011 meeting, the City Council amended Ordinance No. 2564- 2011 and subsequently postponed it until the second meeting in August (August 17, 2011) with direction for the Code Enforcement Officer, Planning and the City Manager to review the code enforcement aspect of it relative to real property.) ITEM M: ADJOURNMENT *******************:***************************************** * * * * * * * * * * **: * * * * * * * * * * * * * * * * ** INFORMATION ITEMS KENAI CITY COUNCIL MEETING JULY 6, 2011 Page No. 1. 6/15/2011 Purchase Orders Between $2,500 and $15,000 for Council Review 141 2. Budget Transfer in Capital Projects in Excess of $ 5,000 -- 3. 2011 Alaska Gaming Permit Application -- Alaska State Elks Association 142 4. State Notice of Application for Approval of the Formation of the Cohoe Unit 144 5. KPB Planning Commission Notice of Public Hearing 145 6. Kenai Central High School Letter of Appreciation 152 7. All - America City Letters of Congratulations 153 8. Memorandum regarding Ordinance No. 2546 -2011 156 PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS NOVEMBER 2007 Please direct inquiries to: Heather Rodriguez Business Development Director Wlst Office Products 480.921.2900, extension 118 hoodriguez@wist.com CIVIC Dan Houston, Partner Civic Economics 512.853.9044 dhouston@civiceconomics. com PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS Civic Economics is pleased to present this analysis of the economic impact of office products procurement from a locally -owned supplier compared to procurement from a national supplier with local operations. CONTENTS STUDY BACKGROUND 2 About Wist 3 About Civic Economics 4 STUDY GOALS AND METHODOLOGY 5 Methodology 5 Labor 6 Profit 6 Local Procurement of Services 7 Charity 7 Preliminary Findings 7 Extended Analysis 7 Local Suppliers of Goods 7 Local Wholesale Distribution Center 8 FINDINGS 8 IMPLICATIONS 9 Procurement Policy 9 Private Sector 9 Public Sector 9 Degrees of Locality: True Locals, Paper Locals, and Others 10 CONCLUSION 12 Civic Economics PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS STUDY BACKGROUND Over the past five years, Civic Economics has developed, applied, and refined a methodology for measuring the true local economic impact of businesses of all sizes. While this expertise has been applied in conventional economic development situations, measuring the impact of a proposed development or policy change, it has also facilitated a unique series of studies comparing the economic impact of local businesses and their chain competitors. The first application of this methodology evaluated the impact of a publicly subsidized chain retailer of books and music relative to existing local merchants at the same intersection. In that study, known as the Liveable City study of 2002, the local merchants were demonstrated to generate more than three times the local economic activity relative to revenue. A broader study in Chicago, the Andersonville Study of Retail Economics, evaluated comparative impacts across several lines of goods. That study, too, demonstrated that local retailers, restaurants, and service providers generated dramatically greater economic activity than their chain competitors. The firm continues to add to the knowledge base with a comprehensive study underway in Grand Rapids, Michigan which will include retailers, restaurants, and banks. In each case above, the enhanced economic impact of locally -owned firms was driven by four factors: 1. Labor costs, which directly inject money into the local economy through payments of wages and benefits to local residents; 2. Profits, which remain in the community in proportion to local ownership; 3. Procurement of local goods and services for resale and operations; and 4. Charitable giving, when local firms contribute a greater share of revenue to local causes. The impact of each factor has varied significantly from one line of goods or services to the next and among individual businesses, but in all cases studied to date, local firms have been found to recirculate substantially larger amounts in all four categories. Though previous studies focused on retail activities, it became increasingly clear that public and institutional procurement presented a significant area of opportunity if an appropriate case study presented itself. Procurement decisions attract little attention outside of those competing for contracts, but they involve exponentially greater values than the retail trade in goods and services. Large contracts move quantities of goods and services as great as thousands of consumer transactions. However, given the significant differences between contract suppliers Civic Economics PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS and retail operations, it has been unknown up to now whether local suppliers did, in fact, generate greater local economic impact. Civic Economics jumped at the opportunity to evaluate the relative economic impacts of Wist Office Products and the contract division of Office Max. The procurement of office supplies and equipment for public and private institutional customers involves vast sums, measured in the hundreds of millions of dollars in Arizona alone. Historically, metropolitan areas have been served by a number of wholesalers of varying sizes and specialties, nearly all of which were locally or regionally based. However, in recent years, large national retailers such as Staples, Office Max, and Office Depot have moved into the contract supply business on a massive scale. In the case of Office Max, these operations are a largely independent business unit called Office Max Contract with a separate distribution network. In determining the national firm to use for comparison purposes, all three major national retailers with such operations were considered. Office Max Contract was selected for this study because it maintains one of its 52 distribution centers in the Phoenix area. If the comparison were made with a firm with no Arizona warehouse, such as Staples, the differences would be far more pronounced. Indeed, Staples revenue recirculation in Arizona would be comparable to that of any online retailer, limited to delivery services in the local area. In order to provide useful data, then, this study focused instead on the national firm with the greatest local presence. As a matter of full disclosure, it should be noted that funding for this study was provided by Wist Office Products. However, the scope of work was determined by Civic Economics and included broad requirements for data to be provided by Wist. Moreover, contract terms expressly provide Wist with no right to reject the study or refuse payment based on findings. In an ideal research environment, of course, fully independent funding would support studies of this type. For now, though, Civic Economics works diligently to structure objective and comprehensive analyses. About Wist Wist Office Products has been serving Arizona businesses since 1955. As the largest independently owned office supply company in the southwest, Wist offers a solution to reducing the cost of business products while exceeding service expectations. Wist operates its headquarters office and warehouse in Tempe. Learn more at www.Wist.com. Civic Economics PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS About Civic Economics Civic Economics is an economic analysis and strategic planning consultancy with offices in Austin and Chicago. Since establishing the firm in 2002, partners Matt Cunningham and Dan Houston have provided a wide range of services from coast to coast. A particular area of focus has been the economics of regional retail and service provision. Learn more about the firm at www.CivicEconomics.com. Civic Economics PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS STUDY GOALS AND METHODOLOGY The goal of this analysis is to quantify the economic impact of both Wist and Office Max Contract in the state of Arizona as a proportion of revenue. Outcomes will allow procurement officials and policymakers to determine if local preferences are justified. A Note on Confr n all previous studies, Civic Economics promises its private sector clients a great deal of privacy. For all firms, business practices are a matter of great competitive importance. This analysis, for example, required Wist to provide the firm with a great deal of financial information that is closely guarded in business. The worksheet completed by company officials reveals such things as wage rates, profitabi ity, the cost of goods and services, and a range of other, admittedly intrusive items. Due to the sensitiv ty of such information, data reporting n this document is limited to aggregated values for all categories of revenue and expenses expressed as a share of revenue. The following section describes in detail the methodology for determining the amount of money Wist Office Products (Wist) and Office Max Contract (Office Max) recirculate in the local economy. As described previously, Office Max does have a physical presence in the Greater Phoenix area as a contract supplier of office supplies. Therefore, the impacts that Office Max have on the local economy would be much greater than that of, for example, Staples which merely delivers products stored, sorted, and administered elsewhere. This is an important distinction to make, as essentially Wist is being compared to the one national chain that keeps the greatest amount of money in the local economy. Methodology The methodology to calculate the money kept locally for a contract supplier is very similar to that of a retailer. The four main components used to calculate money kept locally for both local retailers and chains remain the same as our previous reports: labor, profit, procurement, and charity. For each of the categories officials with Wist Office Products completed a survey that was supplemented with a phone interview for further clarification. The text box below describes the process that was undertaken to estimate the results for Office Max. Although our confidentiality agreement with Wist Office Products prevents us from divulging answers to specific questions, the following paragraphs describe the major differences between Wist and Office Max for each category. Civic Economics 5 PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS Estimating Results for Office Max Because Office Max is a publicly traded company, they provide a great deal of information both in annual reports to shareholders and required filings with the Securities Exchange Commission. Office Max's Contract division covers most of what would be called a contract supply division. Office Max Contract operated 52 distribution centers during 2006 and provided exact revenues and information used to estimate the amount of income that was spent on labor. However, these values included a number of retail stores that operated outside the United States. To remove those retail activities from the total, Civic Economics assumed foreign Office Max retail outlets operated the same as retail operations in the United States and subtracted these from the Office Max Contract results. This provided a clear picture of the supply operation. This is important due to the fact that a retail operation generally spends far more on labor as a percentage of revenue than a contract supply operation does This adjustment allowed for an apples -to- apples comparison. Labor In previous studies, local businesses were found to spend a larger percentage of revenue on labor and this was no exception. Wist provides greater employment wages and benefits through two channels. The first is that the entire management and administrative operation is employed by Wist and located in their Tempe headquarters. While Office Max may have a small locally based management team, most of the management team is located in Naperville, Illinois at their headquarters. Another major advantage is that the customer service and sales force for Wist are all located in the Phoenix area. Office Max operates six regional call centers 'Lhrvugi iOJt the Country. An Order placed from central Phoenix for delivery to the legion may well be serviced by sales and administrative personnel in Columbus, Ohio, who, of course, spend their paychecks outside Arizona. Civic Economics made no attempt to compare wage and benefit rates on an hourly or per employee basis, only total wages and benefits paid locally. Profit The profits earned by Wist remain in the Phoenix area. Whether these profits are used by the firm's owners to buy retail goods or real estate, give to preferred causes, or even rest in a savings account, it is a good bet that this money resides somewhere in the community and gets recirculated as it is spent or invested. Office Max, as a publicly held corporation, distributes profits to investors throughout the world. Of course, some of these investors are located in the Phoenix region, but that represents an incalculably small portion of the total profit. Civic Economics 6 PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS Local Procurement of Services Wist Office Products also has an advantage over Office Max when it comes to retaining Phoenix -based companies to provide administrative services that Wist does not do internally. These include such expenditures as accounting, legal, and marketing work. Wist also has a budget for marketing in local media outlets. Office Max, as a national chain, needs not contract for such services in each market area. Rather, these services are provided in -house or contracted for through corporate headquarters in the Chicago area. Charity Even though this represents a small dollar advantage for Wist Office Products relative to Office Max, they are proud of their contributions to a wide range of local causes during the past year. As with other locally -owned businesses, Wist's owners and managers are invested in the community and are thus more likely to donate to these types of causes in their community. Preliminary Findings When taking these factors into account the results are striking. Wist Office Products recirculates 18.96% of their revenue in the local economy whereas Office Max Contract recirculates only 11.56 %. Wist, based on these figures, produces 64% greater local economic impact per dollar of revenue than Office Max. However, these values tell only part of the story, as demonstrated below. Extended Analysis In prior retail impact analyses, Civic Economics has identified only one instance in which a local firm made substantial purchases of local goods for resale: a record store in Austin, Texas with a substantial in -store catalog of independent local artists sold on consignment. Wist presents an even more dramatic example of extended local impact through reliance on additional Phoenix area operations in its supply chain. Local Suppliers of Goods Of the total amount Wist expends on the procurement of goods for resale, over 10% goes through locally -owned suppliers based in the Phoenix area. To estimate the additional economic impact of this spending, Civic Economics assumed that these local suppliers operate Civic Economics PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS very much like Wist itself, recirculating the same proportion of revenue locally through labor, profit, procurement, and charity. Local Wholesale Distribution Center Of the total amount Wist expends on the procurement of goods for resale, over half goes through the local distribution center of a national supplier specializing in service to independent office supply firms. To estimate the additional economic impact of this spending, Civic Economics assumed that this distribution center operates very much like Office Max Contract, recirculating the same proportion of revenue locally. FINDINGS Incorporating the enhanced economic activity driven by Wist's heavily local supply chain provides a complete and accurate accounting of the local recirculation of money by the two firms: Of total revenue at Wist, 33.4% remains in the local economy. Of total revenue at Office Max Contract, only 11.6 %u remains. Percentage of Revenue Recirculated Locally SOURCE: Civic Economics, Wist Office Products financial survey, Office Max Annual Reports 2005, 2006 Civic Economics PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS IMPLICATIONS While this study might be used simply to praise Wist and similarly situated local suppliers of other lines of goods or in other communities, Civic Economics believes that it provides a strong economic rationale for reevaluating procurement policies and screening bidders with an eye toward enhancing the local or regional economy at no additional cost to the purchaser. Procurement Policy Conventional procurement policy focuses on price and service considerations alone, and the data provided for this analysis indicates that Wist is highly competitive, if not superior, on both fronts. However, these findings suggest that firms and institutions with long -term investments in a given community might benefit from giving additional consideration to the enhanced economic impact of truly local firms. Private Sector In the private sector, large businesses and institutions are substantial purchasers of office products as well as countless other lines of goods. In all cases, price and service are paramount considerations. In addition, however, those same establishments generally recognize that their long -term health is closely tied to the health of the community in which they operate. This is true of for - profit firms such as banks, manufacturers, retailers, and service providers as well as non - profit institutions such as hospitals and educational institutions. These private sector customers are in a prime position to benefit from the economic benefit of procuring goods from locally owned firms. Without legal and bureaucratic hurdles to overcome, policy change for the good of the community is easily achieved. Moreover, such a change can be expected to produce goodwill in the community. Public Sector Even more than in the private sector, public sector institutions are in a prime position to capture benefits from the enhanced economic activity associated with local suppliers. Additional dollars recirculating in the local economy generate taxable transactions, employ local citizens, and promote the economic vitality of the community. This is true for the State and its institutions, and for counties, municipalities, and other political subdivisions. Civic Economics PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS For example, assume a single government entity in the State of Arizona purchases $5 Million worth of widgets each year. If that contract were made through Office Max Contract, only $580,000 would remain in the state of Arizona at the end of the year. If the same contract were made through Wist or a similarly situated local supplier, an additional $1 Million would find its way to the people of Arizona. Finally, by contrast, were that contract made through Staples, only nominal amounts would remain in state. Local Revenue Recirculation Comparison SOURCE: Civic Economics; Wist Office Products financial survey, October 2007; Office Max Annual Reports 2005, 2006; Staples Annual Report 2006 Civic Economics understands that there may be bureaucratic and legal hurdles to overcome in promoting local procurement preferences. Given the vast sums at stake, however, a policy change is clearly justified by the economic benefits that will accrue to the people of Arizona. In the meantime, it is likely that purchasing agents of the state and its subdivisions can, without any policy change whatsoever, begin recognizing the highly competitive local suppliers that exist in numerous lines of goods. Truly open bidding is the simplest first step toward reform and the economic activity it can generate. Degrees of Locality: True Locals, Paper Locals, and Others In studying the office products market for this analysis, Civic Economics carne to understand that there are, indeed, degrees of locality. Wist Office Products is a solid example of the true local supplier. The company maintains all operations in the Phoenix area, including warehouse, distribution, and administration. All Wist employees reside in the region. All Wist property resides locally. All Wist owners reside in the region. And all Wist charitable contributions are made in the region. At the conclusion of a given transaction, nearly 35% of associated revenue remains in the local economy. Civic Economics 10 PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS Office Max Contract and its national chain competitors, though, highlight another degree of locality. While Office Max maintains a warehouse and small staff in the region, Staples maintains only a small sales force in the area. Of the revenues that pass through the local distribution center of Office Max, 11.6% will remain in the local economy after a given transaction concludes. The same contract through Staples yields only the most nominal local economic activity associated with some portion of one day for a delivery driver and vehicle. However, recent years have seen an increase in the paper local supplier. These firms will have a local owner and a local address and may even qualify under one or more disadvantaged business programs for public procurement. The false local, though, maintains no warehouse or distribution operation and only the most minimal administrative organization. In reality, these firms are merely agents for national suppliers. Transactions originated through these firms are administered and satisfied by the larger, non -local supplier with only a commission or other fee paid to the local shell. Fortunately, procurement officials will be able to identify these false local suppliers with even a most cursory review. Civic Economics 11 PROCUREMENT MATTERS: THE ECONOMIC IMPACT OF LOCAL SUPPLIERS CONCLUSION Researchers, including Civic Economics, have in recent years developed a better understanding of the economics of local retail and service provision. The premise that locally -owned and operated businesses generate greater local economic activity than their chain counterparts has become widely understood and accepted. In communities across the nation and abroad, public policy has adapted to this reality through a variety of planning and zoning tools. Even more widespread is the consumer - driven "buy local" movement. In the Phoenix area, Local First Arizona is among the leaders in this movement, with hundreds of participating businesses and supportive individuals uniting behind a marketing campaign to allow concerned citizens to support those firms that make Phoenix special. Despite the widespread consensus that local retail firms promote strong local economies, there has been little research into the economics of local contract procurement even as national firms have entered every market in America. Prior to this study, neither Civic Economics nor any other research organization could put a dollar value to the impact of traditional local suppliers like Wist. Now, with the release of this study, the answer is clear. Local suppliers generate dramatically greater economic activity than their chain competitors. In the case at hand, using the most locally invested of the national chain suppliers, one with a sizeable physical presence in the Phoenix area, the local firm generates nearly three times the economic impact. Civic Economics thanks Wist for their willingness to share sensitive and proprietary business data in furtherance of this research, and looks forward to joining the conversation this study will promote in the coming months and years. For further information about this study and to download a copy this report and charts, please visit: Civic Economics www.CivicEconomics.com/procurement 2 c ciy of KENAI. ALASKA Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2565 -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[ penuits, 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 Text Underlined [DELETED TEXT BRACKETED] 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: 1t 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 use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (c) (6) Name and address of the applicant; Verification by the owner of the property concerned if other than the applicant; A legal description of the property involved; A description of the proposed use; Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may he required; and, The appropriate fee as set forth in the City's schedule of fees adopted by the City Council. 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' 2 Ordinance No. 2565 -2011 Page 3 of 22 (e) (1) (g) (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 [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. Issuance of the Peimit: 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. Yearly Reports: The permit 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. 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 terms 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 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 pet,uittee, 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 IDEL ETED TEXT BRACKETED] 3 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 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 he 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 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 (I) 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. (j) 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] 4 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)(9) Plan or program for regarding and shaping the land for future use; 1'.- g.- �..,.. 5� g Y 5 (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. (e) 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 pennits, is hereby amended as follows: New Text Underlined [D ELETED TEXT BRACKET DI 5 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 ($100.00)] as set forth in the City's schedule of fees adopted by the City Council shall he 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) 4' defned 1 2v 1885 exists. An encroachment as uai.0 in Kl� a .°.xi5 �S. (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) (f) 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.. New Text Underlined; [DELETED TEXT BRACKETED] 6 Ordinance No. 2565 -2011 Page 7 of 22 (g) f (h) Expiration of Permit. Permits shall expire automatically upon teivaination 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. 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 AN1'ER 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.E 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 [SET AS PROVIDED BY KMC 7.15.1.00) 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] 7 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 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 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 Underline& [DELETED TEXT BRACKETED[ 8 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. (0) 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 he 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 (901 day period. The ninety (90) day period begins on the first day the event sign is displayed. (K) 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 (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. New Text Underlined- [DELETED TEXT BRACKETED] 9 Ordinance No. 2565 -2011 Page 10 of 22 (3) (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. Prohibited Signs. (A) Audio signs. (B) 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 [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 illumination are not permitted. (1) Balloons or other inflatable or gas - filled figures or 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 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 10 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)(l)(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 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. (El 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 " "lemonade" y be displayed for one (1) week. Such house," or "ielnOnaue iva' 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) 11 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 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 f 1 20) feet. Where there is more than twenty 1.�.,� square 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! 12 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. (1-1) 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. (I) 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)(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 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 13 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 BI2ACKETEDI 14 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 Pennit. (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. (B) 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. (J) Balloons or other inflatable or gas - filled figures or signs. (IC) 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] 15 Ordinance No. 2565 -2011 Page 1.6 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 E3RACKETED' 16 Ordinance No. 2565 -2011 Page 17 of 22 (2) 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 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 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) 17 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. (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 inte mittent 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 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 (f)(1)(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 be 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 BRACCETEDj 18 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 Iine 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) "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 this 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 Iine. (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 BRACKETED] 19 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) 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; (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 Test Underlined [DELETED TEXT BRACKETED] 20 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 /ADVERTISINGI 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 in 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 remainder 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 BRACKETED 21 Ordinance No. 2565 -2011 Page 22 of 22 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July; 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: June 15, 2011 Adopted: July 6, 2011 Effective: August 6, 2011 New Text Underlined- [DELETED TEXT BRACKETED] 22 .,the city ofj KENAI, ALASKA ME "Village with a Past, Gc with a Future" o: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1111r TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration" DATE: June 6, 2011 SUBJECT: Ordinance No. 2565-2011 — Amending Title 14 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. 23 CITY OF KENAI PLANNING AND ZONING COMMISSIION RESOLUITION NO. P211 -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 certoin 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, 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 MUNICIPAL CODE TITLE 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 USED permits, the person presenting the application shall pay to the City a fee in an amount as set forth in the City's New Trxt Uudedinet}- [DELETED TEXT BRACKETED} Resoiution PZ11 -16 - Page 1 24 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 use pet mit 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 City Council. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMVIC 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 impai.red; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will riot be harmful to the public safety, health or welfare; (6) Any and all specific conditions deemed necessary by the jc)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_Tazt f lndulined; [DELETED TEXT BRACKETED] Resolution PZi 1 -1b - Page 2 25 fifteen (151 ( -)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. (f) Yearly Reports: The permit 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 to compliance with: 1) the terms 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, th.e 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, he 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 a different development plan conforming to the standards for its approval. (2) The modification application shall he 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. (i) 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 Underlined' [DELEFED TEXT BRACKETED) Resolution PZI 116 - Page 3 26 (3) A conditional use peiiuit shall automatically expire' 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 he 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; (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) of the t. (6) L�dicaticn c. 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; New Text Underlined; {DELETED TEXT BRACKETED] Resolution PZS 1-76 -Page 4 27 (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 arty, 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: 14.2 0.185 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. (e) Permit Application. An application for an encroachment pet nut 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 ($100.00)1 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 1.4.20.185(a) exists. (2) The encroachment does not encroach upon a Federal, State or City right- of -way or utility easement. New Text Underlined. [DELETED TEXT BRACKETED] Resolution PZ11 -16 - Page 5 28 (3) The issuan.ce 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. (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.] (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 (121, 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 New Text Underlined' [DELETED TEXT BRACKETED( Resolution PL I I -16 - Page 6 29 part of the valuation of that building. The fee for signs not covered by a building permit shall be [SET AS PROVIDED BY KMC 7.15.1001 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 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 KNIC 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 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 riot 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 1SH. 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. (13) 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 Bnderiinea' (DELETED TEXT BR ACKE'rEDl Resolution PZl Y -16 - Page 7 30 (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 permtted for each architect or engineering fin n, 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 si.gns 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. (1) 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. (3) 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. (l] 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 (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. (8) 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) Zcxf Underlined [DELETED TEXT BRACKETED] Resolution PZ.I i -r6 - Page 8 31 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 he 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. (B) 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 (TOE display said sign. This does not apply to signs or lettering on buses, taxis, or vehicles operated in the not ival course of business. (H) Flashing or intermittent illumination are not permitted. i,, (1) 'Balloons or other inflatable or gas -idled figures or signs. (3) 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 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. (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. Undet'lined', [DPI STED TEXT BRACKETED; Resolution PZ11 -16 - Page 9 32 (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 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. (1) 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 per uritted for each architectural or engineering firm, contractor, builder, owner, or denoting the name, use and occupants -to -be of the structure. Any of those 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. New Text Underlined' [DELETED TE'RP BRACKE;EDI Resol union PZI1- I6 - Page 10 33 (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. (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. (13) 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 riot exceed one hundred twenty -eight (128) square feet. (3) Prohibited Signs. (A) Audio signs. (B) I3eacon signs. (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 he 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 Underlined [DELh1. ED TEXT PFACICE LEDI Resolution PZ11 -16 - Page 11 34 (J) Balloons or other inflatable or ga.s- 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 (e)(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 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. (1) 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 New Text Underlined; [DELETED CEXT BRACKETED] Resolution PZI 1 -16 - Page 12 35 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, (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. (E3) 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. New Text Underlined' "DELETED TEXT BRACKETED] Resolution PZt 1 -16 -Page 13 36 (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. (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, 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 he 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)(l)(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 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. (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 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. New Text Underlined [DELETED TEXT BRACKETED] Resolution PZI I -16 - Page 14 37 (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 he 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 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 (I) sign per use not exceeding five (5) square feet. Such sign shall he 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 New Text Underlined. [DELETED TEXT BRACKETED; Resolution PZ11 -16 -Page 15 38 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 he 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. (D) Roof signs. (E) Rotating signs. (F) Unauthorized signs in the right -of -way or on city property. Such signs may he 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. (I) Signs containing electrical equipment or electrical apparatus of any kind that causes interference with radio, television, or telephone signals and reception. (3) 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 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. (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 (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 " nonconforming signs if the sign was in compliance with applicable law on the date of adoption of this code. (2) A legal nonconfoi ming sign shall immediately lose its legal nonconforming designation if: New Text Underlined- [DELETED TEXT ;BRACTCB I ED; Resolution P111 -I6 - Page 16 39 (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 omit 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 beans 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 tine" 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. (Ill "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 this code. (12) "Legal setback line" means a line established by ordinance beyond which a building may not be built. A legal setback line may he 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; tDELETED TEXT BRA,Ci4ETED) Reed. ca P2I 1 -16 - Page 17 40 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 121 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. gin) Initiation of Zoning Code and Official Map Amendments. (1.) Amendments to the Kenai Zoning Code and Official Map may he 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; (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 Borne 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 1 E,XT BRACKETED Resolution PZI146 - Page 18 41 (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 in accordance with the provisions of the Ken.ai 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 eontroversy.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(%), this ordnance shall take effect one month after adoption.. Dated Chaff Al lr,ST: day of 2011. ,J New Text Underline [DELETED TEXT ERACKCETEDI Resolution 9111916 - Page 19 42 nccci Df / KENAIuALASKA 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 $20,000 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 Programs "; and, WHEREAS, purchase of a delivery van for Senior Center's Meals -On- Wheels program is a "Senior Citizen Program "; and, WHEREAS, to date 5119,544 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, REAS, the installation of specialty shelving and other accessories will be perfoiuied 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 57,500 Increase Appropriations: Transfer to Senior Citizen Fund $7,500 43 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 COliNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: June 15, 2011 Adopted: July 6, 2011 Effective: July 6, 2011 New Text Underlined; [DELETED TEXT E RACKETEDI 44 "Village with a Past, Cc wilt a Future" 210 Fidalgo Avenue, Kenai; Alaska 99611 -7794 tell Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illl�i 1992 MF:MO. TO: Rick Koch, City Manager FROM: Rachael S. Craig, Senior Center Director DATE: June 7, 2 011 SUBJECT: Meals on Wheels Van The City of Kenai /Kenai Senior Services was awarded $20,000 from The Wal -Mart Foundation MOWAA 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. CITY OF KENAI KENAI, ALASKA Suggested by: Administration 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(a), 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 NO 104 Finance Director* 24 105 Public Works Director' 23 106 Police Chief' 23 107 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 Information Technology (IT) Manager 18 New Text Underlined- [DELETED TEXT BRACKETED] 46 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 1.6 403 Street Foreman 16 1151 404 Sewer Treatment Plant Operator 13 405 Water and Sewer Operator 13 406 Mechanic I 12 407 Equipment Operator I** 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 BRACKETED] 47 Ordinance No. 2567 -2013. 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 r3 C D R F AA BB CC S tep 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 33,829 34,654 35,479 36,304 37,129 37,954 38,779 39,603 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 I1 49,085 50,313 51,540 52,768 53996 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 15 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; DELETED TEXT BRACKETED] 48 Ordinance No. 2567 -2011 Page 4 of 4 Section 6. 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 sixth day of July, 2011. ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: June 15, 2010 . Adopted: July 6, 2010 Effective: August 6, 2010 iNew Text Underlined. [DELETED TEXT BRACKETED'j 49 fGeciy0 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 7, 2011 Re: Ordinance 2567 -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: 1. 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 Living Allowance (COLA) increase, The COLA increase has an estimated FY12 salary and benefit cost to the City of $94,128 for all funds. 50 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, 538,500; 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, $100,000; and, WHEREAS, retention of outside, legal counsel for assistance with personnel and lands issues were not previously budgeted but required, 540,000. 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 FY11 Budget for fiscal year ending June 30, 2011. New Text Underlined' [DELETED TEXT BRACKETED; 51 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: Corene Hall, Deputy City Clerk Approved by Finance: 52 PAT PORTER, MAYOR Introduced: June 15, 2011 Adopted: July 6, 201.1 Effective: June 30, 2011 tl7e c KENAI, S V Rick Koch, City Manager From: Terry Eubank, Finance Director Date: June 8, 2011 Re: Ordinance No. 2568 -2011 "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 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 adjustments 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 $8.500 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. 53 guy KENAI, ALASKA Tillage with a Past, Gc with a Futrsre 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ' Ilt1i Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 EMO: IF kTO: 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 he 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. 54 Suggested by: Administra CITY OF KENAI RESOLUTION NO. 2011 -51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE CITY OF KENAI RETENTION SCHEDULE. WHEREAS, as directed in KMC 10.30, it is appropriate to amend the current retention schedule with current grant, statute, and departmental provisions; and, WHEREAS, the Department Heads have reviewed and revised the current City of Kenai retention schedule; and, WHEREAS, the City Attorney has reviewed the changes being requested to the current City of Kenai retention schedule. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the current City of Kenai retention schedule is amended as in the retention schedule delineated on the following pages identified as "Attachment A." PASSED 13Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011. PAT PORTER, MAYOR ATTEST: Corene Hall, Deputy City Clerk New Text Underlined; [DELETED TEXT BRACKETED] 55 CITY OF KENAI RECORDS RETENTION SCHEDULE AIRPORT OWNER - AIRPORT MANAGER Record Series Title Retention & Disposition Archival Media l Citation /Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR= CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERMANENT RECORD V = VITAL AIRPORT TERMINAL LEASES (COPIES' CY + 2 Paper. Department Policy CURRENT PROJECT FILES Paper Retain until obsolete, superseded or administrative /management need is met. 'DEPOSIT 'RECONCILIATIONS' RECEIPT'S' COPIES CY Paper Department Policy (Originals kept in Finance') LANDING REPORTS CY Paper Department Policy PARKING ENVELOPES CY Originals Department Policy PERSONNEL TRAINING FILES Destroy I year after employment ends Paper Department Policy New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2 011 -51 56 Attachment A, Page 1 of 22 CITY OF KENAI RECORDS RETENTION SCHEDULE ANIMAL CONTROL OWNER - POLICE T. Record Series Title Retention & Disposition Archival Media Citation /Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS= ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERMANENT RECORD V = VITAL ANIMAL CONTROL FILES May consist of the following: animal complaint notifications /citations, description of animal, notification to owner, certification of ownership, owner claims, release of animal data, dog bite reports and statistical reports. Also spay /neuter, euthanasia, vaccination, patrol, and abuse /cruelty information. 3 Years Paper [PER] State of Alaska Local Government Records Retention Schedule. Schedule Number 300 DAILY DEPOSIT 'RECONCILIATIONS! RECEIPT COPIES Current Year I Paper Department Policv'Orioinals kept in Finance) LICENSING INFORMATION 3 Years Database Department Policy RAI3IES INFORMATION 3 Years Database Deparment Policy New Text Underlined; [DELETED TEXT BRACKETED] 57 Resolution No, 2011-51 Attachment A, Page 2 of 22 CITY OF K RECORDS RETENTION SCHEDULE CITY MANAGER OWNER - CITY MANAGER Record Series Title Retention & Disposition Archival Media Citation /Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERMANENT RECORD V = VITAL CONFIDENTIAL EMPLOYEE MEDICAL FILES 30 Years after Termination Paper As mandated by Occupational Safety requirements and as stated in the City of Kenai General Health and Safety Plan AS40.25.120 CFR1910.1001 CORRESPONDENCE - ROUTINE [CY +2] 3 years Paper Department Policy CORRESPONDENCE - SPECIAL 5 years Paper DepattmentPolicy CURRENT PROJECT FILES CY Paper Retain until obsolete, superseded or Administrative /Management need is met DEEDS AND PATENTS P Paper Department Policy EQUIPMENT FILES: Office Equipment Until Equipment Retired Paper Department Policy contracts and manuals HANDBOOKS, SUPERVISOR AND P Paper Department Policy !PLOYEE (MasterCopvj +!LTORIAL CONTRACTS: Related [CY] 3 years Paper [DEPARTMENT POLICY] AS 09.10.053 information for City Hall and Visitors Center after contract: ends JOB DESCRIPTIONS Until Obsolete Pier State of Alaska. Local Government General Records or Superseded Retention Schedule, Schedule Number 300 I LAND LEASE FILES [CY +2] 10 years Digital Department Policy Certain leases may be retained for longer periods for archival purposes. LAND SALE FILES [7 YEARS] In years Digital State of Alaska, Local Government General Records Retention Schedule, Schedule Number 300 OCCURANCE /ACCIDENT REPORTS: Applies to all accidents or injuries involving City Property or City Personnel [CY +2] 6 years Paper Note: Injuries to employees are placed in their confidential medical files [DIGITAL] ORGANIZATION CHART Until Obsolete Paper State of Alaska Local Government General Records or Superseded Retention Schedule. Schedule Number 300 PERSONNEL FILES - Recruitment (for Deparnnenr Heads) 2 Years Paper Supervisor's Handbook - Grievance Issues [CY] Until Paper Employee Tennination Employee Termination READING FILES CY + 3 Paper Department Policy .. New Text Underlined; [DELETED TEXT BRACKETED] 58 Resolution No. 2011 -51 Attachment A, Page 3 of 22 CITY OF KENAI RECO S RETENTION SCHEDULE CITY CLERK OWNER - CITY CLERK Record Series Title Retention & Disposition Archival Media - Citation /Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERMANENT RECORD V = VITAL ALCOHOLIC BEVERAGE CONTROL Liquor License Applications & Information 4 years Paper Biennial licenses [ALASKA PUBLIC OFITCES COMMISSION[ FINANCIAL 6 years Paper AS 29.20.0l0: State of Alaska, Local Government DISCLOSURE FORMS (Lobbyist, City Manager, City Attorney, Clerk,Councit and P &Z Commissioners) General Records Retention Schedule, Schedule Number 300 CENSUS Retain until obsolete, superceded or administrative /management need is met, AS 29.60 CITY SEAL P COMMISSIONS, COMMITTEES & BOARDS Airport Commission, Parks & Rec. " -omission, Harbor Commission, tification Committee, Council on Aging, —,orary Commission, Planning & Zoning Corrunission, Miscellaneous Commissions and Task Forces - Correspondence 2 years Paper [OFFICE] Department Policy - Agenda'Minutes P Paper Digital Department Policy - Packets P Paper, Digital Paper - 2 years only - Membership /Terns Information P Paper Department Policy_ - [TAPES /CD] AudioNideo Recordings - 6 years [TAPES/C DJ Digital [ OFFICE] DeoartmentPoIicy Planning & Zoning Commission - [TAPES /CD] AudioNideo Recordings - 2 years [TAPES /C ID] Digital [OFFICE] Department Policy Lesser Commissions & Committees OATHS OF OFFICE Oaths of office may include oaths for Department Heads, City Attorney, Clerk. P Paper Digital AS 29.20.600. State of Alaska Local Government Records Retention Schedule, Schedule Number 300 LOCAL IMPROVEMENT DISTRICT /SPECIAL ASSESSMENT DISTRICT (Includes petition. con-esp., copies of resolutions, notices, etc.) P Paper Digital Department Policy New Text Underlined; [DELETED TEXT BRACKETED] 59 Resolution No. 2011 -51 Attachment A, Page 4 of 22 COUNCIL Includes Council Meetings & Work Sessions. File sets may include notice of meeting, wit of publication, sign up sheets, ..papers, written testimony, exhibits and audio /visual materials. - Agenda/Minutes P Paper, Digital, Microfilm Department Policy - Meeting Notices P - Digital - Meeting Packets P Paper, Digital, Microfilm [CURRENT YEAR PLUS 5 - PAPER OLDER PACKETS - DIGITAL] Paper 6 years. all others permanent. Department Policy. - Membership /Term Infntmation P Paper Department Policy - [AUDIO TAPES/CD] Audio /Video 6 years [TAPES /C D] Digital Department Policy Recordings - OathsofOffice P Paper Department Policy - Resolutions P Paper, Digital, Microfilm Department Policy - Resolution Index P Digital Department Policy BOARD OF ADJUSTMENT HEARINGS P Paper, Digital, Microfilm Paper6 years, all others permanent. Department Policy. ELECTIONS - Ballots Rejected 1 year unless contested Paper KMC 6.05.280 [AS 15.15.470] reification /Canvass Board [4 YEARS] P Paper, Digital KMC 6.05.280 (a) - Financial. Disclosure Statements (a/Ida Conflict of Interest) 6 years Paper KMC 6.05.280 - Frecircf Maps P Paper 1 year after election is certified or until superseded. whichever is later. [UNTIL SUPERSEDED] - Registers 6 years Paper State of Alaska. Local Government Records Retention Schedule, Schedule Number 300 - Nortv.natior. PetitionslDeclaratton of Candidacy 4 years - Paper [AS 15 25.030] KMC 6.05.280, KMC 6.10.040 - Contested Election Dam 1 year Paper 1 year after election certified (State Retention Schedule) - Voted Ballots (Completed, Challenged, Absentee & Special Needs) Paper [ 1 MONTH] 30 days after election certified AS 15.15.470 - Certificate of Election Returns (Regular & []. YEAR] P Paper, Digital. MC 6.05.280 (Election Retention) KMC - DOI Preclearance Records P Paper, Digital State of Alaska Local Government Records Retention Schedule. Schedule Number 300 - Iniatives & Referendums 4 years Paper Initiatives AS 15.45.240; Referendums AS 15.45.460 New Text Underlined; [DELETED TEXT BRACKETED] 60 Resolution No. 2011 -51 Attachment A, Page 5 of 22 - Program Cards CY +1 Digital [OFFICE] Department Policy Recount Petitions 1 year Paper 1 year after election certified (State Retention Schedule) section Officials' Records -- May consist of recruitment materials, interest letters, training notes, acceptance forms, oaths and mileage reimbursement requests. Includes absentee voting officials' documentation. 4 years Paper [OFFICE] Department Policy INCORPORATION RECORDS P Paper, Digital V ORDINANCES& CODES - Index P Paper Department Policy - Ordinances & Codes P Paper. V AS 29.20.380 Digital. Microfilm PUBLIC RECORDS REQUESTS CY + I Paper Retention Authority: 2AAC96 (pertains to records prepared for routine public dist, ibution including Digital pamphlets maps press releases, forms. applications. etc.l PURCHASE ORDERS CY _1 Paper Department Policy READING FILES 1 year Paper Department Policy RECORD DISPOSAL LIST P Digital Department Policy PERMITS • v include Mobile Food Vendor, Itinerant 9hant, Private Detective or Vehicle-for- Paper [CITY] Department Policy CEMETERY P Paper [CITY] Department Policy Digital MEMORIAL PARK P Paver. [CITY] Department Policy Digital T -[22] 33 STATIC DISPLAY Documentation related to display at Airport Way and Willow Street intersection, P Digital USAF Agreement Loan Agreement CY + 2 Paper PERSONNEL ARBITRATION BOARD [5] 6. after decision Paper AS 39.25.080 AS 023.40.245 GAMING PERMITS 2 years Paper Department Polk icy 3 Years after Paper [OFFICE] Department Policy MINI -GRANT Completion of CORRESPONDENCE /AWARD FILE Project New Text Underlined; [DELETED TEXT BRACKETED] 61 Resolution No. 2011 -51 Attachment A, Page 6 of 22 CITY OF KEN AI RECORDS RETENTION SCHEDULE FINANCE OWNER - ACCOUNTANT Record Series Title Retention & Disposition Archival Media Citation /Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERMANENT RECORD V = VITAL ACCOUNTS PAYABLE - Invoices, vouchers & vendor files 3 years Paper V Department Policy - Requisitions and purchase orders 2 years Paper V Department Policy ACCOUNTS RECEIVABLE May include Caselle reports generated for accounts receivable billing (transaction register, invoice register , transaction summary, aging report, accounts receivable by category, general ledger update); may include Caselle reports generated for water and sewer billing (billing register, aging report, accounts receivable by service, transaction register and transaction summary, billing usage summary, customer deposit report, rate ' ',le summary, general ledger update). Paper & Caselle V Department Policy 3 years 'ARTMENTAL DEPOSIT -CONCILIATIONS CY Paper Retain until audit for corresponding year has been certified. AMBULANCE BILLINGS 5 years Paper V Department Policy ASSESSMENTS 5 years Paper V Department Policy AUDIT REPORTS P Paper_ Digital Department Policy BANKING RECORDS Consists of records of bank transactions for revenue and payments and may include: bank statements, bank reconciliations, cancelled checks, voided checks, deposit slips, wire transfers, transmittal of Direct Pay water and sewer payment files, savings account data, debt service payments, signature authorizations, etc. 3 years Paper Retain 3 years provided an audit or other annual financial statement has been certified. BOND RECORDS 20 years Paper Retain 20 years after issue called. BUDGET, FINAL & APPROVED 5 years Paper, Digital V BUDGET WORK PAPERS Documents used in the development of the City's annual budget prior to presentation to the Council. CY Paper Department Policy Auditors have past years of budget. work papers. New Text Underlined; [DELETED TEXT BRACKETED] 62 Resolution No. 2011 -51 Attachment A, Page 7 of 22 CHART OF ACCOUNTS 3 years V CORRESPONDENCE 3 years Paper [OFFICE] Department Policy VANCIAL REPORTS P Paper Digital V XED ASSETS V - Buildings Caselle - Land Caselle - Equipment Caselle GENERAL ACCOUNTING RECORDS May include: water and sewer stubs, dock receipts, Caselle reports (payment register, receipt register, payment update, general ledger update), dip net parking receipt books and deposit slips, NSF checks, landing reports, car rental commission reports, Animal Control receipts. CY - 3 Paper Retain 3 years provided an audit or other annual financial statement has been certified. GRANT FILES Documents receipt of State or Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. - State 3 years Per AS 09.10.053 Statute of Limitations is 3 years. State of Alaska Local. Government Records Retention Schedule, Schedule Number 300 - Federal Retain until Federal. Audit is completed or 3 years after grant closeout, whichever is later. Per AS 09.10.053 Statute of Limitations is 3 years. State of Alaska Local Government Records Retention Schedule, Schedule Number 300 JOURNALS CY Caselle Department Policy LEDGERS CY Caselle Department Po c) METER RELATED Meter prelist, meter exception list, meter proof report, history report. 10 years Paper Sc Caselle Papery Dieital Department Policy PAYROLL 3 years Department Folicv - Earnings and Deductions P Paper Department Policy - Timesheets, leave slip s, overtime slips P 3 years y Paper /Digital Department Policy PERSONNEL FILES -- CURRENT - Applications P Paper CFR 7 -850 - BenefitProgram 3 years after termination .Paper CFR i1 -497 - Performance Evaluations P Paper Department Policy - Commendations, Disciplinary Actions, Educational Certificates P Paper Department Policy New Text Underlined; [DELETED TEXT BRACKETED] 63 Resolution No. 2011 -51 Attachment A, Page 8 of 22 ',MINATED EMPLOYEE FILES 50 years • Digital Upon termination, the employee file is to be scanted and the imaged file becomes the official record copy. The paper conv is to be shredded. State of Alaska Local Government Records Retention Schedule. Schedule Number 300. REGISTERS CY Caselle Department policy REVENUE SHARING Formula -based funding allocated by the State. Tnis file may include applications, correspondence, year -end audits/budgets. 3 years Paper Department policy New Text Underlined; [DELETED TEXT BRACKETED] 64 Resolution No. 2011 -51 Attachment A, Page 9 of 22 CITY OF KENAI RECORDS RETENTION SCHEDULE FIRE OWNER - FIRE CHIEF Record Series Title Retention & Disposition Archival Media [ Citation /Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERMANENT RECORD V = VITAL APPARATUS - Inventory CY Paper Department Policy - Maintenance 5 years Paper Department Policy ARSON INVESTIGATIONS P Paper Dieital Department Policy CORRESPONDENCE CY [PAPER] Digital Department Policy DAILY LOGS P Scanned Department Policy EMS RUN REPORTS 21 years Paper, Digital AS 18,20.085 EQUIPMENT - Daily Checks - Inventory - Maintenance CY CY 3 years [PAPER] Digital Department Policy AFIRE PREVENTION' nESENTATIONS MADE TO SCHOOLS] [CY] [SCANNED] [SCANNED AS PART OF DAILY LOGS] ..rtE RUN REPORTS 21 years Paper, Digital AS 1820,085 FORMS CY Paper Department Policy INSPECTIONS - Business inspections may include daycares and bed &breakfasts (every other year) [- CITY BUILDINGS (ANNUALLY)] [- EQUIPMENT(ANNUALLY)] 5 years [5] [5] Paper, Digital Department Policy PERSONNEL FILES (COPIES) Destroy I. year after employment ends Paper, Digital Complete Personnel files kept in Personnel Department including blood borne pathogens reports. IPERSONNEL TRAINING FILES Destroy 1 year after employment ends Paper, Digital Department Policy IREADING FILES] - [CY] [PAPER] [DEPARTMENT POLICY] New Text Underlined; [DELETED TEXT BRACKETED] 65 Resolution No. 2011 -51 Attachment A, Page 10 of 22 CITY OF KENAI RECORDS RETENTION SCHEDULE LIBRARY OWNER - LIBRARY DIRECTOR Record Series Title Retention & Disposition Archival Media Citation /Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERMANENT RECORD V.= VITAL COMPLAINT FORMS CY Paper Department Policy: Older copies may be kept at the Director's discretion. DAILY COUNTS 2 years Paper Department Policy DEPOSIT IRECONCILIATIONSI RECEIPTS (COPIES) CY Paper Department Policy Reconciliations are completed weekly and taken to Finance for deposit. FORMS FILES CY Paper Department Policy FRIENDS OF THE LIBRARY Meeting summaries and associated documentation. CY Paper Digital City not responsible for permanent record of Friends of the Library minutes. Retained as reference at Director's discretion. FRIENDS OF THE LIBRARY ARTICLES OF INCORPORATION P Paper City not responsible for permanent record of Friends of the Library minutes. Retained as reference al Director's discretion. GRANT APPLICATIONS (not. awarded) vlication not approved or funded. Paper Digital Retain until obsolete, superseded or administrative /management need is met. 'NT ADM INISTATION FILES - STATE Documents receipt of State monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. 3 Years Paper Per AS 09.10.053; Statute of Limitations is 3 years. - FEDERAL Documents receipt of Federal monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. Retain until Federal Audit is completed or 3 years after grant closeout, whichever is later. Paper Per AS 09.1.0.053; Statute of Limitations is 3 years. 'GUARDIAN] SECURITY CONTRACT 3 Years Paper Department Policy HISTORICAL FILES Includes historical information to period of time before City operated. the Library P Paper Department Policy 'HORIZON! CATALOGING SOFTWARE P Tape Backup tapes are stored offsite for security. Tapes are rotated according to established Departmental backup procedures. BACKUP IN VOICES CY = I Paper Department !-lead would like to keep second year since not everything is ordered every year. JANITORIALCONTRACTS 3 Years Paper Department Policy New Text Underlined; [DELETED TEXT BRACKETED) 66 Resolution No. 2011 -51 Attachment A, Page 11 of 22 NTHLY REPORTS CY +I Paper, Digital Department Head would like to keep second year because of state report needs. These items are scanned as part of the Clerk's permanent files within Council packets. dRARY COMMISSION MEETING SUMMARIES CY PDF Permanent record is kept through Clerk's office. !NORTHERN TECHNOLOGY WORK ORDERS AND CORRESPONDENCE RELATED TO COMPUTER ISSUES] [CY] [Paper, Digital] [Department Policy] PATRON RECORDS 3 Years Paper Department Policy - Confidential per AS 40.25.140 PROJECT FILES CY Paper Retain until obsolete, superseded or administrative /management need is met. PURCHASE ORDERS CY + I Paper Digital Department Head would like to keep second year since not everything is ordered every year. SUMMER READING PROGRAM FILES CY -, Paper Retention is at Summer Reading Program Coordinator's discretion as past files are referred to in preparation of current year's reading program.. New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2011-51 67 Attachment A, Page 12 of 22 CITY OF KENAI RECORDS RETENTION SCHEDULE LEGAL OWNER - CITY ATTORNEY Record Series Title Retention & Disposition Archival Media Citation /Comments LEGEND_ ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CV = CURRENT YEAR P = PERMANENT RECORD V = VITAL CIVIL ACTIONS 10 Years Paper V CLAIMS AGAINST CITY 10 Years Paper V; AS 09.10.100 w/o disability AS 09.10.060, 3 years, AS 09.10.070, 2 years CODE SUPPLEMENTS ? Paper V Dinital CODE VIOLATIONS - ]0 Years Paper Department Policy CONTRACTS Destroy 5 years after expiration Paper Department Policy OPINIONS P Paper V PROFESSIONAL SERVICE REGULATIONS 5 Years Paper Department Policy TRAFFIC CASES 10 Years Paper Department Policy New Text Underlined; [DELETED TEXT BRACKETED] sa Resolution No. 2011 -51 Attachment A, Page 13 of 22 CITY OF KENAI RECORDS RETENTION SCHEDULE PARKS & RECREATION OWNER - PARKS & REC DIRECTOR Record Series Title Retention & Disposition Archival Media 1 Citation /Comments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATIOTN AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERMANENT RECORD V = VITAL ACCIDENT REPORTS 2 Years Paper Department Policy CORRESPONDENCE 4 Years paper Department Policy DEPOSIT (RECONCILIATIONS; RECEIPTS (COPIES) CY Paper Paper Department Policy Department Policy EVALUATIONS CY FORMS CY Paper Department Policy GRANT FILES P Paper Retention period is according to individual grant requirements. ICE RINK RESERVATIONS CY Paper Department Policy INSPECTIONS: MULTI- PURPOSE FACILITY Weekly and quarterly inspections 4 Years Paper Department Policy INSPECTIONS: PLAYGROUND Weelcly and quarterly inspections 4 Years Paper Department Policy INSPECTIONS: KENAI REC CENTER 4 Years Paper Department Policy Weelciv and quarterly inspections 'NOR INJURY REPORTS 2 Years Paper Department Policy LK RESERVATION INFORMATION CY Paper Department Policy I, .%NT CAMPING INFORMATION; [CY] [PAPER] [DEPARTMENT POLICY] ;TIM [SHEETS !COPIES) CY Paper Department Policy TRAINING: FULL -TIME PERMANENT POSITIONS P Paper Department Policy TRAINING: 'PART -TIME TEMPORARY POSITIONS CY l Paper Department Policy New Text Underlined; [DELETED TEXT BRACKETED] 69 Resolution No. 2011 -51 Attachment A, Page 14 of 22 CITY OF KENAI RECORDS RETENTION SCHEDULE POLICE OWNER - POLICE LT. Record Series Title Retention & Disposition Archival Media Citation /Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERMANENT RECORD V = VITAL ACTIVITY LOGS Service calls generated each day. Lase Moe P Digital Department Policy Digital Photographs, Digital [P1 Varies P Digital Digital V, ISLANNEU I(' WI I H LUKKESPUNUING CASE FILE.] Department Policy Audio, Digital Video CASE FILES V, Bard Copy one year then scanned COMMUNICATION LOGS Daily radio logs. P Digital V, scanned CRIMESTOPPER FILES CY + 2 Paper Retention period decided by Crimestopper officer according to Crimestopper guidelines (minimum 2 years). !IMPOUND SLIPS Impounded vehicle documentation. P Digital Scanned in with corresponding case file. PERSONNEL FILES Destroy 1 year Paper, Database [DEPARTMENT POLICY] Complete Personnel files kept in City Finance Department. after emplovmen.t ends. [CY} PERTY, LOST & FOUND (FORMS) P Digital Officer fills out form; assigns case number; scanned. ST -l's Each individual case generated for the day. P Database [SCANNED WITH CORRESPONDING CASE FILE.] Stored in electronic records fDIGITAL] management system. TRAFFIC CITATIONS CY Department Policy GRANT ADMINISTRATION FILES Document receipt of State or Federal monies and consists of applications, copy of notification of grant award. agreement. special conditions. fiscal reports. closeout documents. reports (audit. status, progress and compliance) and correspondence. -State Retain 3 years Paper State of Alaska Local Govern ment Records Retention minimum Retain until Schedule Schedule Number 300 - Federal Paper State of Alaska Local Government Records Retention Federal Audit is completed or 3 years after grant closeouts_ whichever is later. Schedule. Schedule Number 300 New Text Underlined; [DELETED TEXT BRACKETED] 70 Resolution No. 2011 -51 Attachment A, Page 15 of 22 CITY OFKENAI RECORDS RETENTION SCHEDULE PLANNING & ZONING OWNER - CITY PLANNER Record Series Title Retention & Disposition Archival Media Citation!Com.ments LEGEND: ADEC ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P = PERM.ANENT RECORD V = VITAL .AGENDA & MINUTES P Digital. Permanent -Originals kept in binders COMMISSION RECORDINGS 6 years Tape Retain current 6 years only COMMISSION PACKETS P Paper, Digital Paper Retain current 6 years onl ' in a.er Department Policy CORRESPONDENCE 4 Years GRANTS P Paper, Digital Retain per Grant Retention Date MAPS P Paper Department Policy PLATS P Paper Department Policy PERMITS: CONDITIONAL USE P Paper, Digital Original signed permits /resolutions are scanned and kept in binders. Copies are kept with application by address in P &Z files. PERMITS: ENCROACHMENTS P Paper, Digital Original signed permits /resolutions are scanned and kept in binders. Copies are kept with application by address in P &Z files. PERMITS: HOME OCCUPATIONS 9 Paper, Digital Original signed permits /resolutions are scanned and kept in hinders. Copies are kept with application by address in P &Z files. r k.MITS: VACATIONS P Paper, Digital Original signed permits /resolutions are scanned and kept in binders. Copies are kept with application by address in P &Z files. PERMITS: VARIANCE/APPEALS P Paper, Digital Paper, Digital Original signed permitsresolutions are scanned. and kept in binders, Copies are kept with application by address in'P &Zfiles, Original signed permits /resolutions are scanned and kept in binders. Copies are kept with application by address in P &Z files. P & Z RESOLUTIONS P PURCHASE ORDERS CY Paper Department Policy REPORTS /STUDIES Paper Retain until obsolete, superseded or administrative /management need is met. REZONING P Paper, Digital Original signed permits /resolutions are scanned and kept in binders. Copies are kept with application by address in P &Z files. SUBDIVISIONS PLATS P Paper, Digital Original signed permits/resolutions are scanned and kept in binders. Copies are kept with application by address in P &Z files. "'Permits priur to 1995 were scanned and destroyed (excluding building, permits which have bees kept by address in permanenr files). Permit originals from 1995 to present are kept per ahove retention schedule. 1 Files have also been copied to disks for Planner and Planning Assistanr ra well as 1 kept in the fuv proof safe. New Text Underlined; [DELETED TEXT BRACKETED] 71 Resolution No. 2011 -51 Attachment A, Page 16 of 22 New Text Underlined; [DELETED TEXT BRACKETED] 72 Resolution No. 2011 -51 Attachment A, Page 17 of 22 CITY OF KENAI RECORDS SCHEDULE RE- 1'ENTION PUBLIC WORKS OWNER - PUBLIC WORKS DIRECTOR Record Series Title Retention & Disposition Archival Media. Citation/Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CV = CURRENT YEAR P = PERMANENT RECORD V = VITAL CAPITAL IMPROVEMENT PROJECTS 2 years Paper LIST PROPOSED PROJECT FILES Paper Retain until obsolete or not needed REPORTS AND STUDIES Paper Retain until obsolete or not needed PROJECT CONSTRUCTION FILES (Buildings, Harbor, Streets, STP, Water, Sewer, Airport, Local Impr. Districts) Retain the following files for 6 years after the project has been completed unless permanent. Specifications w /Executed Contract P Paper Department Policy As -built Drawings P Mylar /CD Department Policy Easements - Construction 6 years Paper Department Policy Bidder's File - Bids 6 years Paper Department Policy Resolutions, Ordinances, Budgets copies 6 years Paper Originals filed with clerk r 'oral Correspondence 6 years Paper Department Policy ;sts for. Engineering Proposals 6 years Paper Department Policy ,meers Correspondence 6 year Paper Department Policy Engineers Contract 6 years Paper Department Policy Engineer's Invoices 6 years Paper Department Policy Engineer's Reports and Test Results 6 years Paper Department Policy Project Final Inspection /Acceptance 6 years Paper Department Policy Borough, Federal., State Agencies - Correspondence 6 years Paper DDeparment Policy Borough, Federal, State Agencies - Agreements 6 years Paper Department Policy Borough; Federal; State Agencies - Perrnits 6 years Paper After permit. expires Utility Correspondence 6 years Paper Department Policy Submittals 16 YEARS] P Paper Review to retain w /O &M for life of building Operation and Maintenance Manuals P Paper Department Policy Pay Estimates 6 years Paper Department Policy Change Orders P Paper Keep with Specifications Certified Payrolls 6 years Paper D—Pe anment Policy Closeout Reports - Airport Projects P Paper, Digital Department Policy EQUIPMENT & SMALL PROJECT BIDS Bids 6 years Paper Retain 6 years after completion Contract Documents 6 years Paper Retain 6 years after completion New Text Underlined; [DELETED TEXT BRACKETED] 72 Resolution No. 2011 -51 Attachment A, Page 17 of 22 New Text Underlined; [DELETED TEXT BRACKETED] 73 Resolution No. 2011 -51 Attachment A, Page 18 of 22 PUBLIC WORKS ADMINISTRATION ;pondence andMemos 3 years Paper Department Policy .ing Files CY Paper Department 'Folic PW Staff Meeting Agendas CY Paper Department'P(Amy Project Status Reports CY Paper Department Policy Utilities Correspondence 3 years Paper Department Policy Com•laints 3 years Paper Paper Department. Policy Easements (Permanent) P Department Policy Job Applications 3 years Paper 0 ariment.Polic Purchase Orders CY Paper • ent Policy STATE OF ALASKA Correspondence 3 years Paper Department Policy Grant Applications 3 years Paper Department Policy Dip Net Fishery 10 years Paper Department Policy State Project Files - 6 years Paper Retain 6 years after completion Dept. of Labor Min. Rates of Pay 6 years Paper Retain 6 years after completion FEDERAL Correspondence 3 years Paper Department Policy Corps Permits Expiration + 1 Paper Department Polic Corps Public Notices 3 years Paper Department Policy OUGH (Correspondence 3 years Paper Department Policy Leachate Agreement [CY] 6 years Paper Department Policy Emergency Management Plan CY + 1 Paper Department Policy BUILDING INSPECTION Correspondence 3 years Paper Department Policy Codes P Paper Department Policy Building Permits P Paper, Digital Department Policy Inspection Reports P Paper Filed by street address Building Plans P/1 Year Paper, Digital City owned = P, Residential and Connnercial = 1 year As- Builts P Paper Filed by street address Sign Pemtits Life of sign Paper Filed b street address Certificate of Occupancy P Paper Filed by street address Abatements 10 years Paper Dutment Policy Stop Work/Violations 3 years -Paper 3 years after action Denatunent Policy Water & Sewer Drawings P Paper Dpe artmant Policy BUILDINGS - MAINTENANCE New Text Underlined; [DELETED TEXT BRACKETED] 73 Resolution No. 2011 -51 Attachment A, Page 18 of 22 1Coreespondence 3 years Paper D- artment Policy !MainMaintenance Schedules tenance CY Paper Department Policy Reports Life of facility Paper Department Policy hase Orders & Quotations CY Paper Department Policy DOCK!HARBOR Correspondence & Memos 3 years': Paper Department Policy Rate Schedules CY Paper Department Policy Federal & State Permits Mooring Buoy Permits and Locations Until expiration Paper Department Policy Crane Inspections Life of crane Paper Department Policy Station Leases 6 years Paper De eni Policy Corps Permit - Dredging Until expiration Department Policy ENVIRONMENTAL Correspondence 3 years Paper Deparument Poljg Request for Proposals - 6 years Paper Department Policy Agreements 6 years Paper Department Policy Site Assessments P Paper Department Policy Work. Plans P Paper Department Policv Surveys [6 YEARS' P Paper Department Policy Testing P Paper Department Policy SPCC & SWWPT Plans Until superseded Paper Department Policy T'1DES Permits ry + 1 Paper Department Policy riC Underground Storage Tanks Life of tank + 6 years Paper Department Policy Waste Disposal. Permits Current Paper Department Policy Final. Reports P Paper, Digital Die artment Policy SAFETY Correspondence and. Memos 3 years Paper Department Policy Meeting Agendas and Minutes P Digital Department Policy Safety Meeting Recordings 3 years Digital Department Policy Safety Packets P Digital Department Policy Accident Reports (Original CM) CY Paper Filed in City Manager's Office OSHA. and ADEC Correspondence 3 years Paper Department Policy Training and Certifications Paper Copies in Personnel Files Safety Audits Most recent Paper Dena;Crnent Policy Site Inspection Reports Most recent Paper Department Policy CDL Licenses Current Paper Copies in confidential medical files City Health. and Safety Plan Current Paper Department Policy New Text Underlined; [DELETED TEXT BRACKETED] 74 Resolution No. 2011 -51 Attachment A, Page 19 of 22 SEWER TREATMENT PLANT - e ander= and Memos NPDES Pei. its and DMR Reports IIMIIIIMIIMIIMIIIIIIIMIIIIIIIMNIIIIINIIIIIIIIIIMIIIMIIIIIIIIIIIMII illirall 5 years Paper D.. al talent Polio Pi .er Re cards o all monitoring information, including all calibration & maintenance records, original strip chart recordings, reports and data used to complete the application for this permit for a period of at least 5 years from the date of the sample, measurement, report or application, TJSEPA EPA Correspondence DEC Corres.ondence fl 5 years Pa er Paper Department Policy Department Policy Borough Annual Biosolids Re.ort 5 ears Pa.er Department Policy SHARP Correspondence and Inspection Reports 5 years ai Denartrnent Polioy OSHA Contspondence and Inspection Reports MINIMI111 IIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SHOP 111111111111111111111.1111.111111111111111111101111111111111.11.11 Correspondence and Memos 5 years 3 years Pa.er Deparmeni Pohcy Paper, Diaital Paper Department Policy Department Policv Supervisors Weekly Rea arts EIVIENErini Auctions . fl 2 years Pa.er Pa er Paper Department Policy Department Policy Previous 2 auctions STREETS IIIIIIIIIIIMIIIIIIIIIIIIIIIIIINIIIIMIIIIMNIIIMIIIIIIIIIIIIIIIIIIIIIII •ondence and Memos illnill Paper De sartment Polic Excavation in ROW ' Permits 3 years Pa ser De I artment Polio Detour Permits CY Pa.er De.artment Folic Curb & Gutter and Driveway Permits P Pa er Filed by street address °ilia• Permits CY Paper Department Policy State DOT Seasonal Permits Perrnits Paser De.artrnent PoijQy Repairs 3 years Pa.er Department Poiioy Work Requests 3 years Pa.er D-.artment Polio Status - Maintained Streets Current Pa er D..artment Policy Snow Removal Notices CY Pa.er Department Policv Items in ROW 3 years Paper De. anment Polic , Damage Re•orts Paper De artment Policy Policies Current Paper De lartment Polio Signs EZMIIMZITZEMIIIIIIIIIIIIIMIIMIIIIIIIIII Streetlight 5 secifications Current P Pa er De . artment Policy Pa er De.amnent Policy Pater Retain for the life of the fixture Streetlight Re . airs fl Pa er 111111111 Department Folic MAIER AND SEWER MINI MIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIM11111111 Correspondence and Memos 3 ears Pa er Department Policy New Text Underlined; [DELETED TEXT BRACKETED] 75 Resolution No. 2011-51 Attachment A, Page 20 of 22 water and Sewer Problems P Paper, [DIGITAL] Department Policy .er and Sewer Permits P Paper, Digital Filed by street address Hydrant Permit 2 years Paper Department Polite Private Installation Agreements P Paper Department Policy Wildwood Agreement for W & S P Paper Department Policy Cathodic Protection 3 years Paper Department Policy SCADA System Current Paper Department Policy Source Water Assessments 1, 2, 3 P Paper, Digital Department Policy Water Rights and Surveys P Paper, Digital Department Policy Permits and Drilling Logs P Paper, Digital Department Policy Water Use Reports - Daily P Paper, Digital Department Policy ADEC Correspondence, Regulations 6 years Paper Department Policy Records concerning a variance, exemption or waiver granted to the PWS Until expires + 5 Paper 5 years following the expiration of the variance or exemption. ADEC CFR Ref. 141.33 Microbial Analyses - Coliform tests and chlorine residual reports 5 years Paper, Digital Keep actual lab reports or transfer the data to tabular summaries. ADEC CFR Ref. 141.33 Chemical Analyses - Inorganics, nitrate, nitrite, ftouride, radionuclides, VOC's, pesticides, Asbestos, Arsenic, HAAS, TTHM 10 years Paper, Digital ADEC CFR Ref. 141.33 Monitoring Plans - 10 years Paper, Digital Same period as records of analyses taken under the plan have to be kept. (Monitoring results for micro, turbidity, and chemical analyses above) ADEC CFR Ref. 141.33 Lead and Copper 12 years Paper, Digital. Systems must retain original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State determinations, and any other information. required by the rule for at least 12 years. USEPA Regulations Sanitary Surveys and related written reports, summaries and communications 10 years Paper, Digital 10 years after completion. of the sanitary survey involved. ADEC CFR Ref. 141.33 Violations of primary drinking water regulations - records of corrective actions taken by the PWS 3 years Paper 3 years after the last action taken for the specific violation involved. ADEC CFR Ref. 141.33 Public notices in accordance with 40 CFR 14L202 -.210 & App A,B,C 3 years Paper 3 years after issuance ADEC CFR Ref. 141.33 Consumer Confidence Reports 10 years Paper, Digital Department Policy Emergency Response Plan and Water Vulnerability Assessment Current Paper Department Policy Water System Studies P Paper[ /PD F]. Digital Department Policy New Text Underlined; [DELETED TEXT BRACKETED} 76 Resolution No. 2011 -51 Attachment A, Page 21 of 22 CITY OF KENAI RECORDS RETENTION SCHEDULE SENIOR CENTER OWNER - SENIOR CENTER DIRECTOR Record Series Title Retention & Disposition Archival Media Citation /Comments LEGEND: ADEC = ALASKA DEPT OF ENVIRONMENTAL CONSERVATION AS = ALASKA STATUTE CFR = CODE OF FEDERAL REGULATIONS CY = CURRENT YEAR P =PERMANENT RECORD V = VITAL DEPOSIT RECONCILIATIONS CY Paper Department policy GRANT ADMINISTRATION FILES STATE Documents receipt of State monies and consists of applications, copy of notification of grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. [Retain 3] 7 Years. [PER AS 09.10.053 STATUTE OF I IMITATIONS IS 3 YEARS.] As per State of Alaska Department of Paper Health and Social Services Grant Requirements. Records pettainine to direct care and treatment of client of services need to be retained. for 7 years. FEDERAL •uments receipt of Federal monies and sts of applications, copy of notification . grant award, agreement, special conditions, fiscal reports, closeout documents, report (audit, status, progress and compliance) and correspondence. [RETAIN UNTIL FEDERAL AUDIT is COMPLETED OR 3 YEARS AFTER GRANT] Retain 7 years. [PER AS 09.10.053 STATUTE OF LIMITATIONS IS 3 YEARS.] As per State of Alaska Department of Paper Health and. Social Services Grant Requirements. Records pertainintz to direct care and treatment of client of services need to be retained for 7 years. MEDICARE ENROLLMENT FILES Retention period. is until enrollee is deceased or file is inactive [5] 7 years. Paper Department policy VINTAGE POLNI'E MANOR Lease agreements Retain [2] 7 years after tenant moves out of facility. Paper Depantent Policy New Text Underlined; [DELETED TEXT BRACKETED] 77 Resolution No. 201 1 -51 Attachment A, Page 22 of 22 au.h' °l KENAL ALLASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCREASE AIRPORT FEES FOR SIGNATORY AND NON - SIGNATORY AIRCRAF1 LANDING FEES AND TERMINAL BUILDING RENT FOR EXCLUSIVE AND JOINT USE SPACE. WHEREAS, Resolution 2008 -27 approved the current Airline Operating Agreement and authorized the administration to enter into the agreement with both ERA Aviation and Grant Aviation; and, WHEREAS, the term of the Airline Operating Agreement is June 1, 2008 through May 31, 2013; and, WHEREAS, the terms of the Airline Operating Agreement called for a 10% increase in rents and fees for each year of the agreement; and, WHEREAS, the proposed increases in landing fees and terminal rents is in compliance with the approved Airline Operating Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Airport Fees - Landing Fees ", "Airport Fees - Terminal Building Rent - Exclusive Space" and "Airport Fees - Terminal Building Rent -Joint Use Space" sections to: AIRPORT FEES Landing Fees Signatory per thousand. pounds $1.33 [$1.21] Non - signatory per thousand pounds $1.73 [$1.57] Terminal Building Rent - Exclusive Space Signatory - per square foot per year Signatory - arrival hallway, departure hallway, Passenger hold room & baggage claim area (per square foot per year) Terminal Building Rent - Joint Use Space Signatory - baggage make up area per square foot per year Signatory - baggage break down area per square foot per year Non- Signatory terminal rates 30% higher $26.36 [$23.96] 526.36 [$23.96] 515.97 [$14.52] 515.97 [ 14.52) New Text Underlined- (DELETED TEXT BRACKETED] 78 Resolution No, 2011 -52 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011, PAT PORTER, MAYOR ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: New Text Underlined; [DELETED TEXT BRACKETED; 79 ena u nicipa Airport Memo £ the qv ' .r K enaZ' f enLvtst cicv' 305 N. WILLOW ST. SUITE 200 IONAI, ALASKA 99611 TELEPHONE 907,283-7951 FAX 907-283-3737 To: Terry Eubank — Acting City Manager From: Mary Bondurant — Airport Manage f Date: June 28, 2011 Subject: Airport Fee Schedule — June 1, 2011 The Airport Fee Schedule implemented on June 1, 2011 reflects an increase to landing fees and terminal building rents due to Resolution No. 2008 -27 passed May 20, 2008 approving the Airline Operating Agreement and Terminal Area Lease. For each year of the Agreement, 2008 -2012, the Signatory landing fee rate is based on the previous year landing fee increased by ten percent (10 %) as is the signatory terminal rental rate increased ten percent (10 %) based on the previous year's terminal rental rate, The Agreement also established a Non - Signatory landing fee and terminal rental rate that is thirty percent (30 %) higher than Signatory rates. Please contact me if you have any questions. www.ci.kenai.ak.us. 80 ht d fr KENAI, ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION N0.2011 -53 A RESOLUTION OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO DECREASE CAMPING AND PARKING FEES ASSOCIATED WITH THE PERSONAL USE FISHERY ON THE CITY'S NORTH AND SOUTH BEACHES TO THE FYI 1 RATE OF S15.00 PER 12 HOUR PERIOD FOR PARKING AND $15.00 PER OVERNIGHT CAMPING. WHEREAS, Resolution 2011 -35 increased the parking and camping fees for the personal use fishery on the City's North and South Beach in anticipation of providin fish cleaning stations and fish waste removal for the 2011 . season; and, WHEREAS, the City has been unable to secure a disposal site for fish waste for the 2011 season; and, WHEREAS, absent the additional cost anticipated for providing fish cleaning stations and fish waste removal, the 2010 parking fee amount of $15.00 per 12 hour period and the camping fee of $15.00 per night are expected to generate sufficient revenue to cover City expenditures during the fishery. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Parks and Recreation Fees" section to: PARKS AND RECREATION FEES Multipurpose Facility - hourly rate (reservation) $125.00 Ice Rink Pass Family pass 545.00 Adult pass $30.00 Youth pass $20.00 Public Skate $1.00 Picnic Shelter /Gazebo Reservation Picnic Shelter (Refundable deposit $50.00) $15.00 Gazebo (Refundable deposit $200.00) $20.00 Community Garden Plot (each) $20.00 Adopt -A -Bench (Includes bench, shipping, installation and maintenance) $450.00 North & South Beach Parking (Personal Use Fishery Season) $15.00 )$20.00] per twelve (12) hour period North & South Beach Overnight Camping (Personal Use Fishery Season) 515.00 (520.00) New Text Underlined• ]DELETED TEXT BRACKETED] 81 Resolution No. 2011 -53 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011. PAT PORTER, MAYOR A1'IEST: Corene Hall, Deputy City`'' Clerk Approved by Finance: (° New Text Underlined; DELETED TEXT BRACKETED] 82 KENAI, ALASKA "Village with a Past, Ci y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907- 283 -3014 To: Rick Koch, City Manager 71. From: Terry Eubank, Finance Director Date: June 29, 2011 Re: Resolution 2011 -53 — Decreasing personal use fishery camping and part ing fees on the City's North and South beaches. Resolution 2011 -35 authorized an increase in North and South beach parking and camping fees associated with the Personal Use Fishery to offset costs associated with deployment of mobile fish cleaning stations and disposal of fish waste. The City has been unable to secure a site to dispose of fish waste and will not be deploying the mobile fish cleaning stations for the 2011 Personal Use Fishery. The additional cost associated with fish cleaning stations and fish waste removal will not be incurred thus allowing for fees to return to the 2010 levels, $15 for overnight camping and $15 per twelve -hour parking period, for parking and camping on the City's North and South beaches. 83 ... ebra'ty.,� KENAI, ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO CORRECT FORMATING OF THE SENIOR CENTER MEAL - SUGGESTED DONATIONS SECTION, TO INCREASE THE CHILD AND ADULT NON- SENIOR MEAL PRICES, AND TO INCREASE THE SUGGESTED MEAL DONATION AMOUNT FOR SENIOR MEALS. WHEREAS, the City's Senior Center meals fees last increase in May 2006; and, WHEREAS, Medicaid regulations require adult, non - senior meal rates to be equal to or greater than the Medicaid reimbursement rate for senior meals which is currently $14.35; and, WHEREAS, in order to comply with Medicaid regulations and to adjust meal fees to be more reflective of the actual cost to produce a meal the rate for a child's meal (person 12 years and younger) should be increased to $6.00 and the adult, non - senior meal rate should increase to $14.35; and, WHEREAS, currently the City Of Kenai Schedule of Rates, Charges, and Fees incorrectly depicts child and adult, non - senior meal rates as a suggested donation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Senior Center Meal - Suggested Donations" section to: SENIOR CENTER MEALS [- SUGGESTED DONATIONS] 12 [5] years and younger $6.00 [$5.00] Adult non - senior (13 years and older but less than 60 Vears) (6 years and older up to 59 years] $14.35 [$9.00] 60 years and older - Suggested Donation $6.00 ($5.001 New Text Underlined; (DELETED TEXT BRACKETED; 84 Resolution No. 2011 -54 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011, PAT PORTER, MAYOR ATTEST: Corene Hall, Deputy City Clerk Approved by Finance: New Text. Underlined' [DELETED TEXT BRACKETED[ 85 "V Ulaye with a Past, C. with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Rachael Craig, Senior Center Director DATE: June 28, 2011 SUBJECT: Resolution 2011 -54 Senior Meal Prices I Effective July 1, 2011 the Medicaid reimbursement rate for congregate meals will be increasing to $14.35 per meal. Medicaid regulations require the Center to charge non - seniors buying meals at least the Medicaid reimbursement rate for these meals. In order to be compliant with Medicaid regulations adult non - senior meal rates must increase to $14.35 per meal. In addition, as part of the FY12 Budget process, Council on Aging recommended increasing the following meal prices: Senior, age 60+ Suggested Donation for a Meal $ 6.00 Children under 12 $ 6.00 A meal at the Senior Center consists of soup, salad bar, a full entre,' dessert, bread and tea, coffee, juice and or milk. Based upon grant requirements, it is to be 1/3 of a person's daily food requirement. Federal regulations prevent us from offering non - seniors suggested donations; it is a set meal price and are set by the Medicaid reimbursement rate. Meals and transportation rates have not been increased since May 1, 2006. the c� y o� KII3A ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2011 -55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO FOSTER CONSTRUCTION, INC. FOR THE PROJECT ENTITLED MARATHON PARK PHASE I- PARKING LOT IMPROVEMENTS 2011 FOR THE TOTAL AMOUNT OF $161,496.00. WHEREAS, the following bids were received on June 28, 2011: BIDDER TOTAL BASIC BID North Star Paving & Construction, Inc. $199,891.00 Alaska. Roadbuilders, Inc. $170,867.00 Foster Construction, Inc. $161,496.00 Peninsula Construction, Inc. $191,391.00 Cornerstone Equipment Rentals, LLC 5276,655.70 ; and, WHEREAS, Foster Construction, Inc. bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Foster Construction, Inc. for the total cost of $161,496.00; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled Marathon Park Phase 1- Parking Lot Improvements 2011 is awarded to Foster Construction, Inc for the total amount of 3161,496.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of July, 2011. ATTEST: Corene Hall, Deputy City Approved by Finance: 87 PAT PORTER, MAYOR the city of KENAAAALASKA "Village with a Past, Ci with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 MEMO .:> l\ DU VI TO: Rick Koch, City Manager FROM. Kevin Lyon, Capital Projects Manager DATE: June 30, 2011 SUBJECT: AWARD OF CONTRACT; Marathon Park Phase I- Parking Lot Improvements 2011 Rick, This project is funded by a grant from the State of Alaska Department of Commerce, Community and Economic Development, Division of Community and Regional Affairs as part of the Marathon Road Improvements - Grant 08 -RR -026. This project will construct the Marathon (Daubenspeck) Park parking lot along Marathon Road. The construction consists of excavation, backfill, paving, and lighting. On June 28, 2011 at 2 :OOpm we received 5 bids for the above project, These bids have been reviewed and it was determined that Foster Construction, Inc was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds are available to complete the project. The attached Resolution 2011 -55 is recommending award of the contract to Foster Construction, Inc for the total bid cost of $161,496.00. 88 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 15, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http. / /wwrw ci.kenai.ak.0 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.) 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 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 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 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. 89 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, Unifoiu. 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. 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. 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 Audio /Visual Equipment and Internet Camera System. ITEM E: MINUTES 1. *Regular Meeting of June 1, 2011. ITEM F: UNFINISHED. BUSINESS ITEM 0: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 90 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 Innlet 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 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees 91 a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention &, Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION -- None Scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. 254E 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 27 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 92 AGENDA KENAI CITY COUNCIL — REGULAR MEETING JUNE 15, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us VICE MAYOR MIKE BOYLE, PRESIDING MINUTES ITEM A: CALL TO ORDER Vice Mayor Boyle called the meeting to order at approximately 7:00 p.rn. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Vice Mayor Boyle led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Ryan Marquis Pat Porter, Mayor (telephonically) Terry Bookey A quorum was present. Robert Molloy Joe Moore Mike Boyle, Vice Mayor Brian Gabriel A -3. AGENDA APPROVAL The following changes were requested: 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 MOVE: A -5 to be heard after B -1. MOTION: Council Member Molloy MOVED for approval of the agenda as amended with the additions to the packet as requested. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. 93 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -5. Appreciation of Carol L. Freas, Kenai City Clerk, On Retirement Heard after Item 13-1. Vice Mayor Boyle introduced Miriam Freas and children, Emma and Ben Morgan present in the audience and Bess Freas and son, Keenen Carlyle who were present via the Internet. MOTION: Council Member Molloy MOVED to all the reading of letters of appreciation to the City Clerk prior to the proclamation and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. 50 ORDERED. Hal Smalley, 105 Linwood Lane, Kenai -- Read a letter of appreciation from Kenai Peninsula Borough Clerk Johni Blankenship. Smalley added, it was a true loss for the City, but a great gain for Carol to have more free time. Council Member Joe Moore -- Read a letter of appreciation from Teresa Fanning, City Clerk, City of Soldotna. Vice Mayor Mike Boyle -- Read into the record a Proclamation honoring City Clerk Carol Freas and proclaiming June 29, 2011 as "Carol Freas Day" in the City of Kenai and presented her with a retirement gift from the Council. BREAK TAKEN: 7:20 P.M. BACK TO ORDER: 7:48 P.M. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 94 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 3 B -1. Janice Chumley /Michelle Martin -- Alaska Weed Awareness Week and the First Annual Kenai Weed Smackdown. Janice Chumley /Michelle Martin -- Distributed information and discussed Alaska Weed Awareness Week, the First Annual Kenai Weed Smackdown, and invited all to participate in. the Weed Smackdown to be held on Saturday, June 25, 2011. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Linda Swarner, 298 Rogers Road, Kenai -- Thanked Freas for her years of service; noted Freas would be difficult to replace; and, was on the Council who hired Freas and it had been a pleasure to work with her. Swarner also noted she was the Executive Director of the Kenai Peninsula Food Bank and thanked Council for its support and announced the ribbon cutting for the new building scheduled for July 20; 2011 and the Annual Soup Supper to be held on August 27, 2011. Susan Smalley, 105 Linwood Lane, Kenai -- Reported she and Freas had been friends for more than 30 years; complimented Freas on her supervising City elections which she did with grace and efficiency; and, her grace -filled assistance to the public with cemetery concerns. Hal Smalley, 105 Linwood Lane, Kenai -- Stated his pleasure in reading Ms. Blankenship's letter; noted he worked with Freas during the years; believed it would be difficult to fill her shoes; thanked Freas for all of her efforts over the years and wished her well. Sal Matter°, 1315 Chinook Drive, Kenai -- Congratulated Freas on behalf of the Friends and presented the City a check in the amount of $40,000 toward the library expansion project. John J. Williams, Candlelight Drive, Kenai -- Stated he owed his success as Mayor of the City to his wife Sharon, City Clerk Freas, and the Councils and complimented Freas for the keeping of accurate City records, as well as having many other talents, Betsy Arbelovsky, 36753 Chinulna Drive, Kenai -- Noted her history of knowing Freas, but especially appreciated her assistance in absentee voting while she and her husband lived overseas. Tim Navarre, P.O. Box 92, Kenai -- Stated his appreciation of Freas; felt she was irreplaceable; and, the City was thankful for her service. 95 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 4 .Iohna Beech, P.O. Box 2258, Kenai -- Reported she was the incoming Executive Director of the Kenai Chamber of Commerce and thanked the City for its donation toward the costs of the Fourth of July Parade and "Christmas Comes to Kenai" fireworks. Bob Peters, Old Town, Kenai -- Stated he did not work with Freas, but pestered her and was always treated with respect and he would miss Frees. BREAK TAKEN: 8:05 P.M. BACK TO ORDER:, 8:10 P.M. ITEM D: Z. MOTION: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 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." Council Member Molloy MOVED to enact Ordinance No. 2560 -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. Council comments included: • Discussion with the Code Enforcement Officer found she had concerns with the ordinance in its entirety and it was suggested the ordinance be postponed and sent to Administration for further review. • Concern the ordinance should go through Planning &, Zoning Commission review first, • Support of the ordinance and noted Administration's memorandum included with it, recommending approval of the ordinance and did not raise any concerns with the ordinance. • Appreciation of comments provided and included in the packet identifying fiscal information and felt it would be better to address the ordinance through Title 12 instead of Title 14. • Agreement code enforcement was a Title 12 issue and not a Title 14 issue; in his memorandum (included in the packet) the City Manager supported the ordinance; appreciated the public comments included in the packet; and, the ordinance was not intended to he a revenue- raising ordinance. Vice Mayor Boyle passed the gavel to Council Member Molloy. Boyle explained, as sponsor of the ordinance, he did not intend the ordinance to be a financial issue, it was a simple detail that would clean up the existing ordinance and he would not support forwarding the ordinance to the Planning & Zoning Commission for review. 96 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 5 Additional comments included: • Suggested postponing the ordinance to have the Code Enforcement Officer review it and forward comments to Council. The gavel was returned to Vice Mayor Boyle. MOTION TO POSTPONE: Council Member Moore MOVED to postpone Ordinance No. 2560 -2011 no time certain, and send it to the Planning & Zoning Commission and Administration for review. Council Member Gabriel SECONDED the motion. It was noted, no time certain would essentially kill the motion and take it out of consideration of the Council. VOTE ON POSTPONEMENT: Marquis No Mollo No Bo le No Porter 1 Yes Moore . No Gabriel No j Bookey i No MOTION FAILED. MOTION TO POSTPONE: Council Member Moore MOVED to postpone Ordinance No. 2560-2011 to the second meeting in July and in between, send it to the Planning is Zoning Commission for review. Council Member Gabriel SECONDED the motion. Comments included: • Felt no use to pass the ordinance immediately as fiscal information, as well as other input, would be valuable to have prior to consideration. • When referred discussion it would be difficult to limit the items presented or if additional items would be discussed. Additionally the Commission could recommend approval or disapproval, and could add other items to be considered. VOTE ON POSTPONEMENT: Marquis Yes Molloy 1 No Boyle No Porter Yes Moore Yes 1 Gabriel Yes Bookey L No MOTION PASSED. 97 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 6 D -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 MOTION: Council Member Molloy MOVED to enact Ordinance No. 2561 -2011 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. Mark Schrag, 312 Princess Lane, Kenai -- Spoke in support of the ordinance identifying the MAPS rezone in 2009 as an example when, he believed, the City used public funds to influence against a citizen initiative. Chuck Winegarden, 309 Princess Lane, Kenai -- Spoke in support of the ordinance, noting it was a matter of trust and the Council represented all citizens of the City and should not be involved in influencing the outcome of an election. Karen Koester, 845 Setnet Drive, Kenai -- Spoke in opposition to the ordinance. With no one else wishing to speak, the public hearing was closed. Council comments included: • The Council should have a resource available for its use. • There could be unintended consequences and passage of the ordinance would tie the Council's hands. Vice Mayor Boyle passed the gavel to Council Member Molloy. Boyle stated the ordinance was developed to disallow Council to take a stand on a citizen's initiative until a ballot vote would be taken. Molloy returned the gavel to Boyle. Discussion followed with comments including: • Support of the ordinance. • Exceptions were included in the ordinance, i.e. statewide elections, non- partisan educational communications and activities, advertising the date, time, place of an election, etc. • Reference to the City Manager's memorandum (included in the packet) which noted the Alaska Public Offices Commission's (APOC) definition of expending public funds. • Belief the proposed ordinance had no validity. • The memorandum referred to only one section of the statute. • Passage of the ordinance could circumvent the City's ability to put out factual information to voters. 98 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 7 Belief the statute reference used in the memorandum was not clear and suggestion an opinion could be requested from APOC. MOTION /CALL FOR THE QUESTION: Council Member Moore MOVED to call for the question and Council Member Gabriel SECONDED the motion. VOTE: Marquis No Molloy Yes Boyle No Porter Yes Moore Yes Gabriel Yes Bookey No MOTION FAILED (two /third vote required). MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2561 -2011 to the second meeting in August and direct City Attorney Stearns to obtain a second opinion from the Alaska Public Offices Commission in the matter of educational information, Council Member Bookey SECONDED the motion. It was noted, it was unknown if the second opinion could be received from the APOC by the second meeting in August. VOTE ON POSTPONEMENT: Marquis I No Molloy Yes i Boyle 1 Yes Porter No Moore No ' Gabriel I No Bookey 1 Yes MOTION FAILED. VOTE ON MAIN MOTION: Marquis No I Molloy Yes 1 Boyle Yes Porter No Moore No Gabriel No Bookey No MOTION FAILED. D -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 99 KENAI CITY COUNCIL MEETING JUNE 15, 2011 .. PAGE 8 Partially- Completed Nominating Petition Including Information of the Candidate's Name, Address, and Office Sought, Before Circulating the Petition for Signature. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2562 -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. Vice Mayor Boyle passed the gavel to Council Member Molloy. Boyle stated, it had been perceived that someone wishing to run for City office must register to take out candidate packets, including petitions from the City Clerk. The ordinance, if passed, would allow someone to collect signatures and declare candidacy without first filing with the Clerk. City Attorney Stearns and City Clerk Freas reviewed historical background of the ordinance. Information now provided only through the Clerk's office could be placed online for downloading, including APOC forms, the City's financial disclosure form, etc. Question of what the ordinance was trying to facilitate. Explanation provided from Boyle was that a person could collect signatures on a petition without first taking the petition out from the Clerk. Discussion followed with comments including: Election packets could be provided on the City's webpage. Interpretation of the Code by the City Attorney was the current Code did not require someone to physically be present to take out petitions. • The step of having to pre -file with the Clerk would be eliminated with the passage of Ordinance No. 2562-2011, • Petition forms would continue to require the date when a voter signed the petition and the declaration of candidacy. • Petition packets could be requested by mail, including electronically, and be forwarded to the proposed candidate by the Clerk. • Support of the suggestion of placing a question on a ballot to eliminate the requirement for a petition in order to make it easier for people to run for office. Council Member Molloy returned the gavel to Vice Mayor Boyle. VOTE: Marquis Yes (Molloy Yes Boyle Yes Porter No ] Moore I No Gabriel Yes Bookey 1 Yes 1 100 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 9 MOTION PASSED. D -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. MOTION: Council Member Marquis MOVED for adoption of Ordinance No. 2563 -2011 and Council Member Gabriel 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: Marquis j Yes Molloy Yes Porter 1 Yes Moore Yes Bookey Yes Boyle Yes Gabrie Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Molloy MOVED for adoption of Ordinance No. 2564 -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. Council comments included: • Did not support as written; did not believe City collected secret information; felt the ordinance spoke directly to code enforcement; and, the ordinance, as written, could cause law enforcement to take up code enforcement. • The ordinance was too broad and burdensome. • Suggestion to refer the ordinance to the City Manager and Code Enforcement Officer and narrow it to just code enforcement, defining code 101 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 10 enforcement, and adding a boiler plate letter to send out when contacting property owners about code enforcement issues. • Suggestion made to defeat the ordinance and direct Administration to add a boiler plate letter when contacting property owners. Vice Mayor Boyle passed the gavel to Council Member Molloy. Boyle explained, the ordinance was not about a collection of information from the public domain; felt it would be a common courtesy to contain the property owner if information was being collected; and, it collection of information on property owners (with regard to code enforcement issues) was being done and was why he brought the ordinance forward. MOTION TO AMEND: Council Member Marquis MOVED to amend Ordinance No. 2564 -2011 by deleting the second whereas clause and Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: Marquis Yes ' Molloy Yes Boyle Yes , Porter Yes Moore Yes Gabriel , Yes 1 Bookey Yes MOTION PASSED UNANIMOUSLY. Discussion continued: • Would see a value in narrowing the ordinance to real property and to the area of code enforcement; did not believe a lot of staff time would be needed; and, thought it would be valuable to have the Code Enforcement Officer and City Manager review the ordinance and provide feedback to the Council. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2564 -2011 to the second meeting in August with the direction for the Code Enforcement Officer, Planner, and City Manager to review the code enforcement aspect of the ordinance relative to real property. Council Member Marquis SECONDED the motion. Comments included: • A simple letter to property owners identifying out -of- compliance issues would be helpful. • Postponement would serve no one well and suggested defeating the ordinance and bring forward a new ordinance. VOTE ON POSTPONMENT: 102 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 11 y Hooke Yes MOTION PASSED. D -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. MOTION: Council Member Moore MOVED for adoption of Resolution No. 2011 -47 and requested UNANIMOUS CONSENT, Council Member Bookey SECONDED the motion.. Council Member Marquis objected to the request for unanimous consent. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Comments included: • The resolution spoke to a gravel project and Resolution No. 2011 -48 spoke to an asphalt project, • The City would be better served with moving forward with a paving project. • Property owners would be responsible for 100% of the gravel project. Property owners would share the cost of the asphalt project with the City at a 50/50 share. VOTE: Marquis N olloy No Porte No Moore No Boyle Gabriel No No Bookey No MOTION UNANIMOUSLY FAILED. D -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. MOTION: Council Member Marquis MOVED for the adoption of Resolution No. 2011 -48 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. 103 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 12 VOTE: There were no objections. SO ORDERED. D -8. MOTION: 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. Council Member Bookey MOVED for approval of Resolution No. 2011 -49 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 -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. MOTION: Council Member Moore MOVED for approval of Resolution No. 2011 -50. The motion failed due to lack of a second. ITEM E: E-1. ITEM F: ITEM G: G -1. MOTION: MINUTE *Regular Meeting of June 1, 2011 -- Approved by consent agenda. UNFINISHED BUSINESS -- None. NEW BUSINESS Ratification of Bills Council Member Bookey MOVED to ratify the bills. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: 104 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 13 There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 Council Member Bookey MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -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. Introduction approved through the approval of the consent agenda. G-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. Introduction approved through the approval of the consent agenda. G -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. Introduction approved through the approval of the consent agenda. G -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. Introduction approved through the approval of the consent agenda. G -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, 105 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 14 Alaska and in the City of Kenai Within the Kenai Peninsula Borough; KPB File 2011 -040; Location: City of Kenai. There were no objections stated by the Council with regard to the Vacation of Eadies Way. G-8. MOTION: 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). Council Member Molloy MOVED to approve the 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 and requested UNANIMOUS CONSENT, Council Member Moore SECONDED the motion. Comments included: • It was not believed the property was within the Airport Reserve. • The Airport Commission did not review or provide a recommendation with regard to the assignment of the property. VOTE: There were no objections. SO ORDERED. G-9. Discussion -- City Clerk Recruitment With the resignation of the City Clerk, Council discussed compensation and division of responsibilities with regard to the Deputy Clerk position. Comments included: • Recommendation made to discuss compensation at the July 6, 2011 Council meeting. • The subcommittee of Council wanted to discuss compensation for the Acting City Clerk with the Acting City Manager and requested approval of the Council to do that. • Request the Deputy City Clerk be made available full time the last week of the month with Ms. Murphy and City Clerk Freas which could be addressed by the subcommittee; after July 1, a division of responsibilities should take place that during the Clerk vacancy, the Deputy Clerk become full -time in the Clerks Department with no further duties in the Finance Department; and, the Deputy City Clerk be considered an employee of the Council during the vacancy period and the subcommittee discuss that and make a recommendation, • Having the Deputy City Clerk become full time in the Clerk's Department (during the vacancy) would have an impact on Administration because the position held by the Deputy Clerk was split between the Finance Department and City Clerk's Department. 106 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 15 Did not want Council to get in the way of Administration decisions with regard to the split time position and did not believe the issue would need to come back to Council for approval. • KMC 1.25030(c) provides for a Deputy City Cleric to be paid the City Clerk's salary when the City Clerk is out of the office for more than five days. The issues noted above would be discussed by the subcommittee of the Council and brought back to Council at the July 6, 2011 meeting. G -10. Action /Approval -- Linda Murphy / ClerkWorks' Proposal for Project: City Clerk Recruitment. Council Member Bookey MOVED. to approve the proposal submitted by Linda Murphy, ClerkWorks for City Clerk recruitment and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. MOTION: Council Member Molloy MOVED to approve the City Clerk job description and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -11. Action /Approval -- Granicus, Inc. Service Agreement MOTION: Council Member Bookey MOVED to approve the Granicus, Inc. Service Agreement and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. A brief clarification was made that the agreement would provide streaming, archiving and indexing of unlimited meetings of the Council and Planning & Zoning Commission meetings, including work sessions, town hall meetings, etc. There would be extra cost, however for additional commission meetings to be archived and indexed.. Thanks was offered to Council Member Molloy, former Student Representative Les Krusen, Council Member Swarner, City Manager Koch, and City Clerk Freas for their foresight, input and assistance with the streaming project as it had become very popular. VOTE: 107 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 16 There were no objections. SO ORDERED. ITEM 11: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging -- Vice Mayor Boyle gave a brief report of discussions held and actions taken at the June 9, 2011 meeting, including plans for the Fourth of July Pie Booth and the July 21 celebration of the Center's 40th anniversary. H -2. Airport Commission -- Council Member Marquis reviewed discussions held and actions taken by the Commission at its June 9, 2011 meeting, including the proposed industrial park, draft airport directory, and review of its goals and objectives. 11-3. Harbor Commission -- Council Member Molloy reviewed the June 6, 2011 meeting minutes which were included in the packet and noted discussion was held on Ordinance No. 2559 -2011 that proposed free services at the City boat launch. Molloy reported he would bring forward a discussion item at a future Council meeting and would discuss with the City Manager the appropriate time when to do so. H -4. Library Commission -- Mayor Porter reported she attended the June 7 meeting for Council Member Marquis. She added, the meeting minutes were included in the packet. Parks & Recreation Commission -- Council Member Moore reported the next regular meeting would be held in August. H -6. Planning & Zoning Commission -- Council Member Molloy commented on the following: • The joint City and Chamber public session was well attended and a very successful. • The work session held on the Comprehensive Plan Update. The session was held, but public comment was limited. • The June 8, 2011 Commission meeting and the unapproved minutes which were included in the packet. • Reviewed the information added as a lay down at the beginning of the meeting regarding Council's direction to the Commission related to work sessions and public hearing on Council's Ordinance No. 2546 -2011 and expressed concerns the Council's direction was not forwarded to the Commission which caused some confusion. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- No report. H -7b. Alaska Municipal League Report -- No report. H -7c. Mini -Grant Steering Committee -- No report. 108 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 17 H -7d. Kenai Convention & Visitors Bureau -- No report. H -7e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR -- Mayor Porter reported she had administered the Oath of Office to new police officers; attended the Business Group Comprehensive Plan Strategic Planning Session; proposed an amendment to the City Charter be brought forward for Council's consideration and perhaps placed on the fall ballot related to requiring submittals of petitions for a person to run for City office; and, noted the City of Kenai's presentation at the All- America City competition would be the first heard in the morning. Mayor Porter also thanked City Clerk Freas for her years of service to the City and stated she was a tremendous asset to the community. Mayor Porter ended her telephonic participation at approximately 10:24 p.m. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- Acting City Manager Eubank thanked the City Clerk for her years of dedication to the City and wished luck to the All- America City group in its endeavors. J -2. Attorney -- City Attorney Stearns wished luck to the All- America City group; offered grateful thanks to Freas for her assistance during her tenure at the City and wished her well in her retirement; and, announced a retirement party for Freas would be held on June 29 at the Kenai Senior Center. J -3. City Clerk -- City Clerk Freas thanked all who attended and their kind comments; noted her appreciation for the mayors and council members for whom she worked; thanked the Council for its very kind gift; applauded the extremely talented and dedicated employees with whom she worked over the years; tha: Ye-A her and friends for their support; and always, the citizens of the City. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Chuck Winegarden, 309 Princess Lane, Kenai -- Reported his concerns with the notice sent to property owners within the City announcing the Planning as Zoning Commission's Comprehensive Plan Update work session and review of Ordinance No. 2546 -2011, i.e. that a work session was "tentatively" scheduled and the ordinance "may" be discussed. He added, he did not believe there was adequate public notice and was concerned no public comment was taken at the work session. 109 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 18 Tim Navarre, P.O. Box 92, Kenai -- Stated his concerns with direction given to the Planning & Zoning Commission related to its review of Ordinance No. 2546 -2011; that it was bad practice for the Council to dictate when public hearings and work sessions need to be held; concerns with the process; and, suggested Council and the Commission have a joint work session to discuss the issues. Colleen Ward, 708 Magic Avenue, Kenai -- Thanked Freas for her years of service and assistance and her appreciation Freas had been consistently fair in working with residents of her neighborhood. She also stated concerns she had with the work session notice and that no public comments were taken; asked for clarification for the process for the future work sessions to be held on the Land Use Table asking whether public input would be allowed; requested for due process and that the public involvement be allowed; and, if the Commission needed clarification, provide it. Karen Koester, 845 Set Net Drive, Kenai -- Stated she was speaking as a Planning & Zoning Commissioner and felt there had been unnecessary restraints placed on the Commission with regard to its review of Ordinance No. 2546 -2011. Pat Falkenberg, 399 McCollum Drive, Kenai -- Stated her neighborhood had been trying to rezone its area since 1985; stated she had lost confidence; the residents of the neighborhood wanted their property to remain RR -1; and, stated it was time the Council and Administration make the residents' wishes a reality. Jeff Twait, 1808 Julieanna Drive, Kenai -- Requested clarification from Council if the Commission needed to address Ordinance No. 2546 -2011 by August 10; requested written clarification and the Commission would do as directed; and, felt zoning was a city -wide issue. Janine Espy, 403 McCollum Drive, Kenai -- Noted there was contention over Ordinance No. 2546 -2011; she clearly heard Council direct the Commission to hold work session(s) and /or public hearing(s) on the ordinance; it was evident the Commission did not receive the message; felt there was a breakdown in communication; requested due process; and, felt the postcard notice was offensive to her and the citizens of the City. K -2. Council Member Comments Molloy -- Referred to information he provided for inclusion in the packet; noted Ms. Falkenberg s comments from the June 8 Planning & Zoning Commission meeting; noted the Council's powers from the City Charter and Code; he planned to move the ordinance to a vote; and, he had confidence in the Commission and the Council. Marquis -- Thanked Freas for her dedication to the City and wished her well. Bookey -- Thanked Freas for her years of service and wished her well in her retirement. 110 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 19 Gabriel -- Thanked the Friends of the Library for its $40,000 donation to the library project; thanked Council Member Molloy for filling in for him at the Harbor Commission meeting; wished the All- America City group well in its endeavors; and thanked Freas for her years of service and dedication to the City. Moore -- Thanked Freas for her years of service to the City and wished her well in her retirement. Boyle -- Wished luck to the All- America City group; thanked the Friends for its donation; thanked the public for its comments; thanked Molloy for covering the Council on Aging meetings for him during his absence; thanked Freas for her dedication and service to the City; and, thanked the Council for allowing him to chair the meeting. EXECUTIVE SESSION -- None Scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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 There being no further business to come before the Council, the meeting was adjourned at approximately 11:20 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion Advisory votes shall be cast in rotation with the official Council vote 111 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 20 however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. 112 KENAI CITY COUNCIL WORK SESSION THURSDAY, JUNE 9, 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER ITEM 2: CITY CLERK RECRUITMENT a. Linda S. Murphy /ClerkWorks Alaska Proposal Phase 1 -- Recruitment of New City Clerk Phase 2 -- On -Site Assistance in Clerk's Office ITEM 3: ADJOURNMENT 113 ITEM 1: Council present: Staff present: Others present: KENAI CITY COUNCIL WORK SESSION THURSDAY, JUNE 9, 2011 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PORTER, PRESIDING NOTES CALL TO ORDER P. Porter, J. Moore, B. Gabriel, T. Bookey, R. Marquis, M. Boyle, R. Molloy C. Freas, C. Hall, R. Koch, K. Stearns Linda Murphy, ClerkWorks Alaska ITEM 2: CITY CLERK RECRUITMENT 2 -a. Linda S. Murphy /C1erkWorks Alaska Proposal Phase 2 -- On -Site Assistance in Clerk's Office Council reviewed the proposal with Murphy. Comments included: Murphy's intent was to work two days of the last week with Freas and Hall to familiarize herself with the office and the workload. • Murphy hoped Hall would be working more than half time in the Clerk's Office as she (Murphy) did not intend to work 40 hours a week and had other commitments during the summer. Murphy stated she hoped Freas would be available on contract to assist finishing projects after her retirement date, noting it would be of great help if that would possible. There were no objections stated from Council. Phase 1 -- Recruitment of New Citv Clerk Comments included: Murphy's compensation would be for her time working on behalf of the City while at the City. • Timeline for advertising would be 30 days for receiving applications; 30 days for vetting; and, appointment would probably be made by September 1. • A draft of a new job description for the Clerk position was provided and reviewed. Murphy explained it was a composite of several descriptions. • Murphy would be available to assist Hall with election preparation. • Wh.ether a resolution was needed to appoint the Deputy City Clerk as the Acting City Clerk was discussed. City Attorney Stearns would investigate further and report at the June 15, 2011 meeting. 114 COUNCIL WORK SESSION JUNE 6, 2011 PAGE 2 OF 2 • Council could accept Murphy's proposal with a motion at the June 15, 2011 meeting • In advertising the position, direction would be included to submit resumes to the Clerk's Department at the attention of Murphy. • Applications are to be reviewed first by Murphy, dividing those meeting minimum qualifications in one group and those not meeting minimum qualifications in a second group. Murphy would rate applications, but her rating of the applications would not be provided to Council initially so Council would not be influenced in its rating of resumes. • After determining top applicants, Murphy would check references and give a report to Council with sample interview questions. • Advertising would be in state only. No salary level would be identified in the advertisement. • City Manager would place the advertisements, including Alaska Municipal League (fax alert and Touchstone), Peninsula Clarion, Alaska Association of Municipal Clerks, Anchorage Daily News, and the City's webpage. • Advertising to begin as soon as possible and continue for 30 days. • Closing of the position was set as July 15, 2011. • Advertisement would include "position open until filled." • City Attorney to review job description and add the normal information included in City of Kenai job descriptions. Proposed changes would be provided to Murphy to review and comment. • The job description would be provided to Council for final consideration at its June 15, 2011 meeting. ITEM 3: ADJOURNMENT The work session ended at approximately 7:20 p.m. Notes submitted by: Carol L. Freas, City Clerk 115 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL COUI4CIL MTIFICATION COUNCIL MEETING OF JULY 6,2011 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PERS JUNE PERS VARIOUS LIABILITY 160,811 94 ICMA 401 PLAN ICMA 401 PLAN VARIOUS LIABILITY 16,579.56 ICMA 457 PLAN ICNIA 457 PLAN VARIOUS LIABILITY 39,023,71 AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 103,026.81 ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITIES 1568157 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. RBC CAPITAL MARKETS US GOV'T SECURITY 7/1812013 2.000,000 00 0.6594 RBC CAPITAL MARKETS US GOVT SECURITY 7/21/2014 999,500.00 0.55% RBC CAPITAL MARKETS US GOV'T SECURITY 6/27/2013 1,000,000 00 0.60% PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: JULY 6, 2011 VENDOR DESCRIPTION DEPT, ACCOUNT AMOUNT PENINSULA PUMPING DIP NET RENTAL SERVICES PARKS RENTALS 38,790.00 WILLIAM SADLER FY12 CARETAKER CONTRACT CONGREGATE HOUSING INCREASE OF EXISTING PURCHASE ORDER VENDOR__ PROFESSIONAL. SERVICES 30,900.00 DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT CORNERSTONE EQUIPMENT C/O #2 95003 - MUNICIPAL PARK ADDITIONAL IMPS MATERIALS 1,795,00 39,608.45 IFMO: Tillaye with a Past, y with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Terry Eubank, Acting City Manager FROM: Christine Cunningham, Assistant to the City Manage DATE: June 23, 2011 SUBJECT: Lot 3, Block 2, GAA -- Lease of Airport Lands The City has received the attached amended application from Schilling Rentals, LLC, the existing tenant of the above- referenced property within the Airport Reserve. The current Lease was entered into on July 1, 1995 for the purpose of "Aircraft operation and maintenance" and the lessee wishes to amend the lease to "Air Freight Shipping & Receiving or Aircraft Parking." The change in use will bring the lessee into compliance with the terms of its Lease as well as AIP grant assurances. Pursuant to KMC 21.10.070, the Assistant to the City Manager, Airport Manager and City Planner reviewed the application for completeness, conformance with Title 21, conformance with the Airport Land Use Plan, Airport Layout Plan, Airport Master Plan, FAA regulations, AIP grant assurances, and airport operations, Comprehensive Plan, municipal zoning, and future airport improvement projects. Based on the review and findings presented and the joint recommendation for approval action, the amendment was scheduled for the Airport Commission and Planning and Zoning Commission for review and comment. On June 8 the Planning & Zoning Commission voted unanimously for the City to proceed with the lease amendment. On June 9 the Airport Commission reviewed the application and recommended approval. The Lessee is in compliance with the City and the Borough. The City Attorney has reviewed the attached Fourth Amendment to Lease and has no objection as to form. If the Amendment is approved by City Council, the document can be executed. Attachments cc: Schilling Rental, LLC 118 FOURTH AMENDMENT TO LEASE THIS Fourth Amendment to Lease is made as of the day of 20 , by and between the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and SCHILLING RENTALS, LLC (Lessee), an Alaska limited liability company whose address is 47 Spur View Drive, Kenai, Alaska 99611. WITNESSETH WHEREAS, on September 21, 1995, the City entered into a Lease with Kenai Air Alaska, Inc. and Craig R. Lofstedt for City- owned lands identified as Lot 3, Block 2, General Aviation Apron, according to Plat No. 73 -68, which lease was recorded at Book 472 Pages 953 — 975 on October 23, 1995, in the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and, WHEREAS, since September 21, 1995, the rights under the Lease have been assigned or transferred to various lessees and the current Lessee is Schilling Rentals, LLC; and, WHEREAS, the parties to the Lease have amended the Lease over the years as required by paragraph 9 of the Lease, Rent Escalation, which requires period.ic adjustments to the rental rate, which amendments are recorded in the Kenai Recording District and summarized as follows: Amendment to Lease between the City and Kenai Air Alaska, Inc. and Craig R. Lofstedt, recorded at Book 582 Pages 946 - 947 on June 1, 2000; Amendment to Lease between the City and Schilling Rentals, LLC, recorded at 2005- 004152 -0 on May 18, 2005 WHEREAS, the Lessee has applied for an amendment to the Lease to change the permitted purpose from "Aircraft Operation and Maintenance" to "Air Freight Shipping and Receiving or Aircraft Parking." NOW THEREFORE, the parties agree as follows: Fourth Amendment to Lease Page 1 of 3 119 1. Paragraph A of the Lease is amended to read as follows: The purpose for which the Lease is issued is: Air Freight Shipping and Receiving or Aircraft Parking. 2. Except as expressly modified or stated herein, all other terms and conditions of the Lease (as previously amended) remain in full force and effect. CITY OF KENAI By: Rick R. Koch Its: City Manager SCHILLING RENTALS, LLC By: Michael Schilling Its: Member (If Lessee is a corporate -style entity) ATTEST: Name Title Approved as to form: Krista S. Steams City Attorney Fourth Amendment to Lease Page 2 of 3 120 State ofAlaska Third Judicial District ) ss The foregoing instrument was acknowledged before the this day of , 2011, by Rick R. Koch, City Manager for the City of Kenai. State ofAlaska ) ss Third Judicial District Notary Public of Alaska My Commission Expires: The foregoing instrument was acknowledged before me this day of , 2011, by Michael Schilling, member of Schilling Rentals, LLC, an Alaska Corporation, on behalf of the limited liability company. Notary Public of Alaska My Commission Expires: RETURN TO: CITY OF KENAI 210 Fidalgo Avenue Kenai, AK 99611 -7794 Fourth Amendment to Lease Page 3 of 3 121 AMENDED CITY OF KFNAI 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 (907) 283 -7535 Ext. 223 LEASE APPLICATION For Land Inside the Kenai Municipal Airport Reserve 1. Name of Applicant MICHAEL NSCHUJE NG 2. Business Name SCHILLING RENTALS LLC FOR CITY USE ONLY Date 4- - )t Signature 3. Business Type (circle one) sole proprietor partnership corporation L.L.G 4. AK Business License No. 5. Mailing Address 420 N WILLOW KENAI AK 99611 6. Telephone 907 -283 -7556 7. Email Address CITERYL @GLMCORP, COB 8. Kenai Peninsula Borough Sales Tax No. (if applicable) 39927 9. Land Requested: If platted, give legal description LOT 3, BLOCK 2, GENERAL AVIATION APRON If not platted, attach a site plan showing the proposed dimensions and location on the Airport. ---)10. Proposed Use of the Property (Be specific) '96 AIP. FREIGIIT SHIPPING & RECEIVING OR AIRCRAFT PARKI?R Lease Term Desired N/A years 12. If you plan to base or service aircraft on the property, give a. Make, type, & wingspan of the largest aircraft b. Total number of aircraft you expect to be based or serviced on the property at one time 13. If you plan to construct improvements or otherwise develop the property: N/A a Attach a Development Plan (see attached checklist) N/A h. Describe the building type, construction materials, size, etc. N/A 309177 c. Construction beginning date N/A d. Construction cotnpletion date (maximum of two years) N/A e. Estimated total cast of the proposed development& improvements $ N/A 14. If you plan to operate a business on the property, attach a business plan (See application instructions). N/A 15. If you would like the City to consider any additional information relating to your proposal, please put it in writing and submit it with this application. APPLICANT'S SIG-NA-MR 7� i i'' Date: 4/812011 Printed name: MIKE SCHILLING % Title: OWNER APPLICANT'S SIGNATURE: Date: Printed name: Title: 122 Lot 3, Block 2, General Aviation Aron Subdivision No. 1 Amended 123 4r.A4R011 � c.., KENAI; ALASKA 'Village with a Past, Ci y with a Frsture" 210 FidalgoAvenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci,kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Corene Hall, Deputy City Clerk DATE: June 24, 2011 RE: Appeal of Planning and Zoning Commission Approval of PZ11.22, an Application for a Conditional Use Permit for the Motocross Track at the Twin Cities Raceway Located at 490 Shotgun Drive. Application submitted by Kenai Peninsula Racing Lions, P. 0. Box 2755, Soldotna, Alaska. A letter of appeal was received on Thursday, June 23, 2011 for the above - referenced matter. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall ordinarily set a date for and hold a public hearing on all appeals within thirty (30) days of the filing of the appeal.. However, should the thirtieth day fall on a weekend or municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.010 (a)(1) -(1.0) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified . mail, return receipt requested. Note: The appellant has requested the hearing take place after August 10, 2011 due to his summer work schedule. Please set a Board of Adjustment hearing for the above - referenced matter using the following information: THIRTY DAY END DATE COUNCIL MEETING DATE (within 30 day 1.±.-euirement) SIXTY DAY END DATE JULY /AUGUST COUNCIL MEETING DATES Saturday, July 23, 2011 (move to Monday, I July 25, 2011) Wednesday, July 20, 2011 1 Monday, August 22, 2011 July 20, August 3 and August 17, 2011 Note: There were comments front council after the last more controversial hearings that future hearings of a more controversial nature should be held separate from council meeting dates. There is a 15 -day notice requirement. 124 July 1 MEETING CALENDAR Sunday Monday Tuesday J Wednesday Thursday Friday Saturday 1 eptated ifewier 2 Jun 2011 5 M T V V T F 5 Aug 2011 8 M T W T F 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 4 HOLIDAY /CITY OFFICES CLOSED 5 Library Commission, 7p, Council Chambers 6 CITY COUNCIL MEETING, 7p, Council Chambers 7 8 9 10 11 Harbor Commission, 7p, Council Chambers 12 13 PLANNING & ZONING COMMISSION, 7p, Council Chambers 14 Airport Commission, 7P, Council Chambers Council on Aging, 4:30p, Senior Center 15 GIOFl44di 16 17 18 19 1 20 CITY COUNCIL MEETING, 7p, 1 Council Chambers 21 22 23 24 25 26 1 27 PLANNING & ZONING COMMISSION, 7p, Council Chambers 28 29 n 30 31 August 1 MEETING CALENDAR Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 Library Commission, 7p, Council Chambers 3 CITY COUNCIL MEETING, 7p, Council Chambers 4 Parks & Recreation Commission, 7p, Council Chambers 5 6 7 8 Harbor Commission, 7p, Council Chambers 9 10 PLANNING & ZONING COMMISSION, 7p, Council Chambers 11 Airport Commission, 7p, Council Chambers Council on Aging, 4:30p, Senior Center 12 afore lider 13 14 15 16 17 CITY COUNCIL MEETING, 7p, Council Chambers 18 19 20 21 22 23 24 PI ANNING & ZONING COMMISSION, 7p, Council Chambers 25 26 27 28 29 30 31 Ju12011 S M T W I F S Sep2011 S M T W T, S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September 2011 MEETING L Sunday j Monday Tuesday ( Wednesday Thursday Friday Saturday 1 2 3 Aug 2011 091 2011 3 M T W T F 8 8 M T VV T F 8 1 2 3 4 5 6 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 28 27 16 17 18 19 20 21 22 28 29 30 31 23 24 25 26 27 28 29 30 31 ������ Airm # guireis 4 5 6 7 8 9 10 HOLIDAY /CITY Library CITY OFFICES Commission, COUNCIL CLOSED 7p, Council MEETING, 7p, Chambers Council Chambers 11 12 13 14 15 16 17 Harbor Beautification PLANNING & Airport Commission, Committee, ZONING Commission, 7p, Council 7p, Council COMMISSION, 7p, Council Chambers Chambers 7p, Council Chambers Chambers Council on Aging, 4:30p, Senior Center 1 18 19 20 21 22 23 24 CITY COUNCIL MEETING, 7p, Council Chambers 25 26 27 28 29 30 PLANNING & ZONING COMMISSION, 7p, Council Chambers /.Oiled Coiled fraet PENDING APPROVAL COUNCIL ON AGING MEETING JUNE 9, 2011 KENAI SENIOR CENTER 4:30 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 12, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Rick Koch, City Manager -- Vintage Pointe Siding ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. July 7, 2011 (Identify if you are requesting an excused absence.) ITEM 9: QUESTIONS & COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of May 18 and June 1, 2011. b. 4/23/2011 City of Kenai Comprehensive Strategic Planning Session Findings ITEM 12: ADJOURNMENT 125 COUNCIL ON AGING MEETING JUNE 9, 2011 KENA[ SENIOR CENTER 4 :30 P.M. CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Geller called the meeting to order at approximately 4:35 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: J. Hollier, M. Necessary, C. Unger, V. Geller, B. Osborn, L. Nelson, M. Milewski L. Flowers, A. Little Senior Center Director R. Craig, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Member Osborn MOVED to approve the agenda as presented and Member Unger SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MOTION: APPROVAL OF MEETING SUMMARY -- May 12, 2011 Member Unger MOVED to approve the meeting summary of May 12, 2011 and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Rick Koch, City Manager -- Vintage Pointe Siding City Manager Koch reviewed the plan choices regarding siding for Vintage Pointe. Koch reported residents had chosen Plan A. ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS -- None ITEM 7: REPORTS 7 -a. Council on Aging Chair -- Geller reported she was working on the 40111 Anniversary dinner, noting City Council gave $2100 toward the expenses. 126 7 -b. Director -- Senior Center Director Craig reported on plans for the July Fourth celebration and asked for photographs for the 40th Anniversary celebration use. 7 -c. Council Liaison -- Council Member Boyle reported he was working on a resolution regarding covered parking at the Center. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. July 7, 2011 (Identify if you are requesting an excused absence.) No members requested an excused absence for the July 7, 2011 meeting. ITEM 9: QUESTIONS & COMMENTS Hollier -- Noted the Senior Center had been requesting a garage since 1985. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of May 18 and June I, 2011. 11 -b. 4/23/2011 City of Kenai Comprehensive Strategic Planning Session Findings ITEM 12: ADJOURNMENT MOTION: Member Hollier MOVED to adjourn and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 5:20 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 127 COUNCIL ON AGING MEETING JUNE 9, 2011 PAGE 2 une 14, 2011 City Clerk Council on Aging City of Kenai 210 1?idalgo Avenue Kenai, AK 99611. Carolyn Unger 1076 Wabmt Ave Kenai, AK 99611 1' 907 2832028 ca m Iyt i @a cs alas ka. ne t RECEVED JUN 1 6 2011 crry CLE K To whom it may concern At this time accept my resignation from the board of Council on Ag ng. I no longer care to have a seat on the board, Sincerely yours, Carolyn Unger 128 PENDING APPROVAL KENAI AIRPORT COMMISSION JUNE 9, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM I: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 14, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Rick Koch, City Manager -- Industrial Park ITEM 5: OLD BUSINESS a. Discussion -- Update of 2010/2011 Goals 8t. Objectives ITEM 6: NEW BUSINESS a. Discussion /Recommendation -- Schilling Rentals, LLC Amended Lease Application b. Discussion -- Design Study Report Float Plane Basin Development, Phase I c. Discussion -- Airport Directory (First Draft) ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. July 7, 2011 (identify if you are requesting an excused absence.) ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. Kenai City Council Action Agendas of May 18 and June 1, 2011. b. April and May, 2011 Airport Manager Reports c. April 2011 Enplanement Report d. Special Use Permit (outside the Reserve) -- AK Kids e. 4/23/2011 City of Kenai Comprehensive Strategic Planning Session Findings ITEM 12: ADJOURNMENT 129 KENAI AIRPORT COMMISSION JUNE 9, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, J. Bielefeld, H. Knackstedt, G. Feeken, R. Rogers, L. Porter Commissioners absent: E. Mayer Staff /Council Liaison present: Airport Manager M. Bondurant, Administrative Assistant E. Shinn, Council Member R. Marquis ITEM 2: AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 14, 2011 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary of April 14, 2011 and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE BEARD 4 -a. Rick Koch, City Manager -- Industrial Park City Manager Koch reported on an area of airport land off Marathon Road that he believed would be appropriate for an industrial, heavy commercial park. He added, he believed this type of park would take advantage of the airport. Koch noted there could be funding in the capital budget for development. ITEM 5: OLD BUSINESS 5 -a. Discussion -- Update of 2010 /2011 Goals & Objectives Airport Manager Bondurant reviewed the goals and objectives and updates were noted. Bondurant reported she would update the 2011/2012 Goals and Objectives to bring back to the Commission for consideration at its July meeting. 130 Commissioners Zirul and Knackstedt expressed thanks for the sidewalk changes, beautification efforts, banners, welcome sign and new fuel pumps. ITEM 6: NEW BUSINESS 6 -a. Discussion /Recommendation -- Schilling Rentals, LLC Amended Lease Application Bondurant reviewed the memorandum included in the packet. General discussion followed. Knackstedt noted the Planning and Zoning Commission approved the proposed change at its June 8, 2011 meeting. MOTION: Commissioner Zintl MOVED to recommend approval of the amended lease application for Schilling Rentals, LLC and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. 6 -b. Discussion -- Design Study Report Float Plane Basin Development, Phase 1 Casey Madden, Wince Corthell Bryson -- Updated the Commission on the Phase I Design Study. All Commissioners reported they were in favor of the development. 6 -c. Discussion -- Airport Directory (First Draft) General discussion occurred regarding the draft of the Airport Directory. Commission suggested the final Airport Directory be added to the website. ITEM 7: 7 -a. Air Fair. REPORT Commission Chair -- Knackstedt reported he attended and enjoyed the 7 -b. Airport Manager -- Bondurant reported Administration was cleaning up after the Air Fair; the event was very well attended; there were 55 participants in the Poker Run; and, she thanked the volunteers. 7 -c. City Council Liaison -- Council Member Marquis reported on the last four Council meetings and work sessions. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION AIRPORT COMMISSION MEETING JUNE 9, 201, 1 PAGE 2 131 8 -a. July 7, 2011 (Identify ifyou are requesting an excused absence.) No Commissioners requested an excused absence from the July 7, 2011 meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS -- None ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION ITEMS Kenai City Council Action Agendas of May 18 and June 1, 2011. April and May, 2011 Airport Manager Reports April 2011 Enplanement Report Special Use Permit (outside the Reserve) -- AK Kids 4/23/2011 City of Kenai Comprehensive Strategic Planning Session Findings ITEM 12: ADJOURNMENT MOTION: Commissioner Zirul MOVED to adjourn and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:39 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 132 AIRPORT COMMISSION MEETING JUNE 9, 2011 PAGE 3 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 22, 2011 . - 7:00 p.m. 6 to 7:00 p.m. City of Kenai Comprehensive Plan Update Proposed Land Use Map 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences 'v` Commission Phil Bryson Commissioner Scott Romain *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will he approved by one motion, There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *June 8, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZI 1-23 — Preliminary Plat — VIP Ranch Estates Vasicek Replat (A replat of Lots 1 and 2, Block 1, VIP Ranch Estates Subdivision Part Two). Plat su.hrnitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. b. PZI 1 -25 — Preliminary Plat — Kenai Municipal Airport Float Plane Basin. Replat No. 2 (A subdivision of the SE' /, NE VI & the E 1/2 , NE'/, NE 1/4, Section 31, T6N, RI I W, SM., Alaska). Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. c. PZI 1 -26 — Preliminary Plat— Beluga Lookout Addition to Original Townsite of Kenai (A Portion of Lot 2, Less Deed Lot of Cherrier Block 6, Plat No. KN 0002970 in the SE / of SE 1/4 Section 5, T. 5 N., R.11 W., S.M., Kenai Recording District.) Plat submitted by Terry Eastham, R.L.S. No. 7629, P.O. Box 2891, Soldotna, Alaska. 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 133 7. NEW BUSINESS: a. PZ,1.1 -24 — A resolution of the Kenai Planning & Zoning Commission recommending the Council of the City of Kenai name an unnamed street. Discussion /Set public hearing, 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Memo to City Manager regarding, Commission's Request dated June 9, 2011 12. NEXT MEETING ATTENDANCE NOTIFICATION: July 13, 201.1 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: 134 CITY OF KENAI PLANNING & ZONING COMMISSION JUNE 22, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:05 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. J. Twait, H. Knacicstedt, K. Koester, K. Rogers, T. Navarre P. Bryson, S. Romain (both excused) City Planner M. Kebschull, Administrative Assistant N. Carver, Council Member R. Marquis, Deputy City Clerk C. Hall 1 -c. Agenda Approval MOTION: Commissioner Navarre MOVED to approve the agenda as presented. Commissioner Rogers SECONDED the motion. There were no objections, SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Navarre SECONDED the motion. There were no objections. SO ORDERED. I -e. *Excused Absences • Phil Bryson • Scott Romain Approved by consent agenda. 135 *A11 items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- June 8, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ11.23 - Preliminary Plat - VIP Ranch Estates Vasicek Replat (A replat of Lots 1 and 2, Block 1, VIP Ranch Estates Subdivision Part Two). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ11 -23 and Commissioner Rogers SECONDED the motion. Commissioner Navarre requested UNANIMOUS CONSENT. City Planner Kebschull reviewed the sta.ff report included in the packet and recommended approval with no requirements. Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. There were no Commissioner comments. VOTE: There were no objections. SO ORDERED. 4 -b. PZ 11 -25 - Preliminary Plat - Kenai Municipal Airport Float Plane Basin Replat No. 2 (A subdivision of the SE 4, NE V. & the E 1/2 , NE �i9, NE 1, Section 31, T6N, R 1W, SM, Alaska). Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. MOTION: Commissioner Navarre MOVED to approve PZ1.1 -25 and requested UNANIMOUS CONSENT. Commissioner Rogers SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING JUNE 22, 2011 PAGE 2 136 MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS -- None ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: NEW BUSINESS 7 -a. Discussion /Set Public Hearing -- P211 -24 - A resolution of the Kenai Planning & Zoning Commission recommending the Council of the City of Kenai name an unnamed street. Kebschull reviewed the memorandum included in the packet and noted she would set a public hearing for the July 13, 2011 meeting. Commissioner comments included: Thanked Kebschull for her comments. Noted Walker Lane was the dividing line between east and west within the City. Expressed concern with confusion regarding East Redoubt in Soldotna. Suggested Administration dedicate Highbush. MOTION: Commissioner Navarre MOVED to set a public hearing at the July 13, 2011 meeting and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. ITEM S: PENDING ITEMS -- None ITEM 9: REPORTS 9 -a. City Council -- Council Member Marquis reported on the June 15, 2011 City Council Action Agenda Items which were included in the packet. 9 -b. Borough Planning -- None 9 -c. Administration -- Kebschull reported the following: • The junk vehicle ordinance would be on an upcoming agenda. • There would be a draft ordinance on Outdoor Wood Burning Boilers. • A work session on the Comprehensive Plan would be scheduled before and immediately after the July 13, 2011 meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED PLANNING AND ZONING COMMISSION MEETING JUNE 22, 2011 PAGE 4 138 Pat Porter, 310 Rogers Road, Kenai -- Mayor Porter suggested naming the street in PZ 11 -24 after a local Kenaitze family and suggested a discussion item regarding web streaming be included on a future agenda. Colleen Ward, 708 Magic, Kenai -- Thanked the Commission for open dialog during the work session and requested they consider what is best for the City of Kenai in their discussions, ITEM 11: INFORMATION ITEMS 11 -a. Memo to City Manager regarding Comm.ission's Request dated June 9,2011 ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. July 13, 2011 No commissioners requested an excused absence for the July 13, 2011 meeting. Co ioner Rogers left the meeting at 8:00 p.m. ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre -- Requested a discussion on web streaming at a future meeting in order for the Clerk to demonstrate the software and discuss what it would entail. Koester -- Thanked the public for their comments and suggested naming the street after the Pearson family who homesteaded the area. Knackstedt -- Agreed with Koester regarding naming streets after homesteaders. ITEM 14: MOTION: ADJOURNMENT Commissioner Navarre MOVED to adjourn and Commissioner Knackstedt SECONDED the motion. There were no objections, SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:05 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JUNE 22, 2011 PAGE 5 139 From :KENAI CHAMBER OF COMMERCE 207 283 7183 08/17/2011 10 :21 11252 P. 002/002 CITY OF NAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: l.i'111-1 I 1 NAME: c 4fInik P#`r'.,f' -r 1 Resident of the City of Kenai? 44..S RECEIVED JUN 17 2011 KENAI CITY CLERK RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7636, EXT. 231 FAX: 283-5068 Row long? 2, Sy t_5 Residence Address r� I, p Mailing Address b�. 2253 &i1Cu C fcle„tI( Home TelephoneNo. lag- 3 q(l(ikp Home Fax No. Business Telephone No 9O'M 213'3 9i4 Business Fax No. 90--4-z,R ¥1e3 Email Address: Jbiv1o, is lanai ehl m%ee frot_fg May we include your contact information on our web page? A1.L If not all, what information may we include? h3W,t'na.. mn l ,.n y INA.51NC.i o p'1c.Me -t G , - EMPLOYEIL° c-ti ILIJ Chtxhbiia eznyru21 P 2 Job Title �K,£C1,ti -u r D iutlt12 NAME OF SPOUSE. Current membership in organisations: 2S- Past orgwri i9! tic berships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTE TED° (. a WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? claa`.t7er`] of WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? 140 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000,00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JULY 6, 2011 VENDOR DESCRIPTION ()EFL ACCOUNT AMOUNT WALMART FLAT PANEL MONITORS, KINECT LIBRARY SMALL TOOLS 3,630.96 SEARS EMS SUPPLY CABINETS FIRE OPERATING SUPPLIES 2,785 98 BOUND TREE MEDICAL BAGS, BLANKETS, FIACKE3OARDS AIRPORT OPERATING SUPPLIES 3,426.60 OCEANID WATER RESCUE CRAFT FIRE SMALL TOOLS 4,100.00 DOORS & WINDOWS DECORATIVE ART GLASS LIBRARY IMPS. CONSTRUCTION 6,315.00 KACHEMAK ELECTRIC Flf3ER OPTIC UPGRADE BUILDINGS REPAIR & MAINT. 4,500.00 KENAI WELDING FIRE PITS PARKS OPERATING SUPPLIES 3,000 00 FOSTER CONSTRUCTION REPAIR BROKEN WATER MAIN WATER REPAIR & MAINT. 4,473.24 7:- CROW! EY PETRO FUEL FOR FLOAT PLANE BASIN AIRPORT OPERATING SUPPLIES 4,500 00 QUALITY CODE PUBLISHING KMC SUPPLEMENT LEGAL PROFESSIONAL SERVICES 3,415.00 ALASKA SURE SEAL. CRACK SEAL MATERIAL STREETS OPERA I ING SUPPLIES 7,650.00 2011 Alaska Gaming Permit Applicatio Organization Information aver el f " + - -..— _ `7 :'renNaiary eutergdm09 parr>rtr j r �0C> ✓fir [ % 4l . :'_,` Y5s 1dRt ,.J �. - -J— hCfK3 ",= t,. v A S_f.p -r e. .t . � tr; gytc cue, ea_ Lc Y:. Organization type td ldoror on KY b,e ill .Frt'3s.y ninN:e fim nery ._.3 e 4144. Lembo eec) fo defile teen, se tzmocnshi C E6ucm oe 5 r flroi:n 0cic nro merr0eks 3 m:e`s __..... 4ac5 Gain+nioroi1V'r?.G $ a0tazion,0remployees oltheononiti0a inj {00 r hfm ! 002000 lOnore10011000aller0;0e, artad d separate. slwor. 61C zet. 15 AIC 160.99 C!Maniepallry CINonalafi[ontle B0004400- 0•444444;r44:^' bircyuw 0000 s: is xdhasiiearga Cry Fink 000000 OVetworu 1.31004010env0oge y opefa101 :00 Alltr4,4ye �r� o�n... �ober \ e. r G=ot :'{ 'yk0,c00000m(><r 01 % Allow Emag ■von � v fit]': n' ea 115'7'M privy member p0red0Wmn7 Yen Cero Legal Questions These questions must he answered. you answer Yes to OYtrs tr10 Poeo any :renter einaanaeementora peace who reryonnible fur gam0no O)li a .tip; Ira e a p oA�{ed mrdli I r,,f iinteresr as defined by 15 IAC' :60.954? - Ix pa55C0'14 014;541 of that Mehame arined.nisOP, ,oi Irnrer s rryunmmblebylcw_ we may have, in 1ocwrijocp !nutting anlml rhrrrrvq and ru 9ebne n g rh. pria Prey 5— eterofrr:anagetnenr or any ammeter e eyeoenbie for gaming Kt. al ns net be tanaktrdela fekey, exterean,cr a enefion of a 10,000 otlnnantsetthi; e3are, or,+netlmrjuesdetiort that is a crime. involving theft or eishonesty, et a edger; 0ganteing laws? 0010 the &esi nisurrnmvIrdgt 00r1 twig it ismgandcomplere Weu4Omra ml[;ntany mbet; the anel00vremkt or, .1II0,, 0800610 Rtrmnnogercdgmrex ayer0OT,nwrhe 00=0f 0001�. v u,. .7, 0- 04c%s -i ;late do r 911010,0 e" Mali to Alaska Department of Revenue -Tex Division PO Box 110420 • teem, AK 99811 -0420 (,honk: 1907!465-2232e t fax (9071165109R suw oc= eska.gavlyamlag 326 Pr00,90 nume ff pi. litre f!. ?.c?_- eat ITMinreO ono One copy of the application must besent to the nearest munfcipatty or borough. See instructions iv rnandatoryattachrnento. Pay onlinewlth 01)5 at aravw'tnxa lathe govor'make theCR payable to t aneofAlaska .New"applicantsmustpaybythe Retain a copy for your records 142 [ RECEIVED JUN 2 1) 2011 9KENAI CITY CLERK Permit Fee the pemllrfec Is taxi rat 7010 e timatd1 gross rrceipto Gen the appropria1e M1. C New appkant I 520 C 50-520,00 520 520,001 - S100,0211 I $50 G 5100,b101 et more 5100 0405-026 Rev 01131 Iv 70101N0 AISOSTIQN June 28, 2011 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Roland Reiswig, President 1150 B McAdoo Way Wasillu, AK 99654-1618 (907) 376 -6951 Mark Daunt President Elest PO Box 672 Sitka, AK 99835 -0672 JANET JOHNSON_ V iCC President 859 Panamaroff Creek Dr .Kodiak. AK 99615 -9301 t'aui J. Whitney, Secretary 23 L Knoll Circle Soldotna, AK 99669 -7352 I, Treasurer 19637 N. Montague Loop Eagle River, AK 99577 .1OEt. P1EM9AC1i, Trustee Chairperson 7 \Var Admiral Rd river, AK 99577-8329 Jon La: Shennett, Trustee PO Box 2642 Sitka, AK 99835 -2642 Konrad Jackson, Trustee P.O. Box 2935 Soldotna, AK 99669 -2935 Roger R. True, 130ER/Ahvska Sponsor 251 Thyme Circle Richland, WA. 99352 REC JUN 291 2011 KENAI CITY CLERK. The Alaska State Elks Association has applied for a renewal of our Gaming Permit to conduct raffles in the Haines Borough area through our Kenai Elks Lodge 2425. Pursuant to Alaska State Gaming Regulations we have enclosed a copy of our renewal application. If there should be any questions feel free to contact me at anytime. Sincerely, Paul J. Whitney, Secret Alaska State Elks Association 231 Knoll Circle Soldotna, AK 99669 -7352 907- 262 -5667 ascasccret ary @c)live.com www- Alaska.Stat eElks.org A FRATERNAL ORGANIZATION Employers Identification 892- 60020 0 1 143 ERECENED JUN 8 2011 PENINSULA BOROUGH Y:EPLANNING DEPARTMENT Kenai Peninsula Borough Planning Department 144 North Biinkley Sold.otna, Alaska 99669 -7599 Toll free wit hils the Borough 1- 800 - 478 -4441, extension 2200 (907) 714 -2200 Petition to Vacate Public Right -of- Way /Section Line Easement Public H.earing 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 prefen-ed 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 he 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. Name of public right -of -way proposed to be vacated is Overland & Upland Way: dedicated by plat of Townslte of Kenai USS 2970A Subdivision, filed as Plat No. 0002970 in Kenai Recording District. Are there associated utility easements to be vacated? IR Yes C' No Are easements in use by any utility company; if so which? gas and comrn. Basement 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 _ docuinenttnust be submitted with petition) Section Line Easement Width of easement must he shown on sketch. 7 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 parcel's the vacated area will be attached to. Proposed alternative dedication is to be shown and labeled en�lsy etch. Has right -of -way been fully or partially constructed: DNo Is right -of -way used by vehicles/pedestrians/other? ❑Yes HNo 1 Iles ]No Has section line easement been constructed? 1IYes No Is section line easement being used? is alternative right -of -way being provided? Liles 'TING The petitioner must provide reasonable Justification for the vacation. Reason for vacating: By vacating these two alleyways and combining the parcels it will allow the owner to use the large parcel for constructing a medical facility with parking. The owner will work with the utility companies to provide easements or to retocate the existing utility lines. ORIGINAL n 146 The petition must be signed (written signature) by owners of majo way or section line easement proposed to be vacated. Each gust in his /her property. Submitted by: Signature <' Name Scott Huff (Integrity Survey Address 43335 K -Beach Rd Suite 10 _ Soldotna, AK 99669 Phone 262 -5573 Pet Signature a Signature Name Jay n— NyrenNatae Address ?,0 :ox 998 Address Kenai. AK 99611 Owner of Signature Name Address ant feet of land fronting pat? oiright -o Jailing address and legal description of As: r (Petitioner FiRepresentativre Ori g4 nel Tawnsi to Owner of Kenai /Kenaitze Signature. Name Address Owner of Owner of 147 US. ft,=m 444-5 / t4YLv HI LA L� jag 4144, NORTH /\/ /is x,40 V' '1161 •111. 16411=111 a,..,=,.6vt" . . , ,1W1.7:4,.. ram � High/Wad 4414_ RR- Rom / \OOl. 94 \ 1/ iff \ \ (sano \ \ \ \ \ / 444 g /\ @4444 / \ \ v °se / / a EN. as Lot 16A / \RD, 4ca • _ �i= ,.. „�...,� r�-+. /tea • :L::" • 6rt' tea• Gnvd) A�elbne elB "Fda{eV.. �PJBT ie'I(4< 9 / --`— APh2CSLCT9CdldPsa.W eX4r. Armor. L' / / 140 144 stn r.=m m QWNSITE or KENN KENAlT].E ADDITION SUNDNISIDN INIEGRRY SURVEYS.INC. .r., Sinn Kn. ._o Mart SW ES orpdRurcw a rHr mren.oa 6UPEAU CR LINO v?r1.e F _ Pre, a, loud rour, rb a,:oo. ..,,r oa,r,r1 ✓ TOWNSITE OF KENAI, ALASKA U. S. SURVEY No. 2970 A — 9OUNDARIES U. S. SURVEY No. 2970 D — SUBDIVISION AREA: 70337 ACRES CArt,ODP 6O • 33` Or O. LON6UtaE 15r'/5 5/ Ar CORNER NO. A'T —P rertr,crry CEG',^',"Ar us e o c o ua 50rta .oc.Err ar mien re:.>say. c c FN5/NEE5, SR Y Fiat N 11N90gtt gent "tf arise 3fc.ea -✓ "-" "'`yit d Sitt FIRST AVE j Kenai Spur Highw KENAI SPUR HWy Ml 0 W non '651 5-teor Jn y L <..- 7,....t AVE CHARCIR City of Kenai t to Overland Ave Upland St. et Loca ion of Alleyways Vacation 0 0 71 q-4 ! Q a �` .% al 4 AN s�� � � v ial 1 i ■.fl s a I PROTA PEGE RD vE NfNSULA AVE 0 Cn O q A ay 6ARNACLE,WAY N 0 73 to MARINE A mar PENitdSUL'ALAVE� S, I1 S PE 0 ,25250 500' Vicinity Map Printed on June 8, 2011 Kenai Central High School Kenai Peninsula Borough School District 9583 Kenai Spur Highway - Kenai, Alaska 99611 (907) 283 -2100 Fax: (907) 283-3230 Alau Fields Principe! Jim Beeson Assistant Principal Justin Carr Activity Director May 23, 2011 Kenai City Council:. Kenai Central High School is very appreciative of the support it has received from the City of Kenai. The partnerships between the Council and the School have provided outstanding "real life" learning experiences for our students. Our current Student Representative to the City Council, Hanna Coffman, will be graduating this month. She has done an outstanding job representing her fellow . students and Kenai Central High School. This letter is an introduction of the student selected to fill that vacant position. Austin Daly, currently a junior at KCHS, will be an excellent Student Representative to the Council. Austin possesses the knowledge, leadership, and character necessary to fill this position. She is person who gets along with ail students and treats everyone with the greatest level of respect. She is always thoughtful and trustworthy in her actions. Austin will approach this role in an accomplished manner. We are proud to have her selected as the next Kenai Central High School Student Representative to the City Council: We have greatly appreciated the support that the City of Kenai has given to our school. Thank you for making a difference in the lives of the young people in our community. Sincerely, Alan Fi €ld Principal 0ME OF THE KA:RDINALS 152 11111 Brookshire Avenue Downey, GA 90241-7016 .� DN. MARIO A. GUERRA Councilman City of Downey (562) 904 -7274 Cell (562) 706 -4114 mguerra ©downeyca.org 0 C Office of Council Member Dn. Mario A. Guerra June 21, 2011 Pat Porter Mayor, City of Kenai 210 Fidalgo Avenue Kenai, AK 99611. City of Seward P.O. Box 167 Seward, Alaska 99664 -0167 Main Office (907) 2244050 Facsimile (907) 2244038 City of Seward, Alaska 1963 1965 2005 RECEIVED JUN 2 4 2011 CITY CLERK RE: 2011 All-America City Award Dear Mayor Porter: Congratulations on winning the 201.1 All- America City Award once again for the City of Kenai! What a terrific accomplishment — to win this prestigious award for a second time! The work your citizens have done to improve the health of the Kenai River, to promote better stewardship of brown bear wildlife, and to encourage your young people to address environmental challenges is substantial and commendable. You should be very proud, and on behalf of the City of Seward, I want you to know how proud we are of Kenai! Sincerely, illard E. Dunham Mayor, City of Seward 154 )EFICE OTT IE \I 'S OK June 22, 2011 Mayor Pat Porter City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mayor Porter: I wanted to take this opportunity to congratulate you on your city's selection as a 2011 All _America City. I know that recognition is the result of a lot of hard work and preparation. I commend your team and the impressive presentation that they delivered in Kansas City. I was particularly impressed with the openness and caring demonstrated by all of the participants. While there was some good - natured competition between the cities, we clearly saw that everyone shared the same goals of mutual support and respect and a genuine desire to identify successful initiatives that improve the quality of life in our cities and the citizens who live there. Relationships made at this conference will extend long after our return from Kansas City. Congratulations again for your well - deserved selection as a 2011 Ail- America City award winner. I look forward to continuing to hear great things about your exceptional city in the future. Sincerely, Anthony G. 9�1, avonne Mayor ANTHONY G. CHAVONNE, MAYOR 433 HAY STREET FAYETTEVILLE, NC 28301 -5537 (910) 433-1992 • FAX (910) 433 -1945 www.cityoffmtteville.org "VZffle with a Past, C# with a Future" "`L' K 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1992 KEFN�1, ALASKA Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO `. NDUM TO: Mayor Porter Vice Mayor Boyle Council Members Bookey, Gabriel, Marquis, Moore CC: Planning & Zoning Commission Krista S. Stearns, City Attorney Rick Koch, City Manager; Marilyn Kebschull, City Planner FROM: Council Member Molloy DATE: 06/30/1.1 SUBJECT: Anticipated Amendments to Ordinance No. 2546 -2011 As stated. in my Council Comments at the 06/15/11. Council. Meeting, there are two errors in Attachment A, the proposed amended Land Use Table. The two errors are: 1. As drafted, Footnote 22 is proposed to be added to the uses pertaining to "Four Family Dwelling." However, Footnote 22 does not apply to the RR -1 Zone. 2. As drafted, "Essential Services" is proposed to be changed to "N" for "Not Permitted." However, "Essential Services" should be a "P" for Permitted Use in all zones. During the process, and at the proper time, amendments should be made in the ordinance to correct these two errors. 1 ask Administration to please include this memo in the packet for the Commission's 07/13/11 work session. - 1 - Memo 6/30/2011 156 Peninsula Clarion ri=Casa V CU' JUN 2 2 2011 c KENAI PENINSULA BOROUGH PLANNING COMM SS NOTICE, OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate rights -of -way located in the City of Kenai. Area under consideration is described as follows: A. Location and request: Vacate Upland Way, a 15.8 foot wide public right -of -way adjacent to and dividing Lots 9, 10, 11, 21, 22, and 23 Block 5; and vacate Overland Way, a public right -of -way of varying widths adjacent to and dividing Lots 3, 9, and 21 from Lots 4, 8, 19 and 20 Block 5, dedicated by Townsite of Kenai U. S. Survey 2970A;. and vacate the associated utility easement all within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai within the Kenai Peninsula Borough. KPB File 2011 -079 B. Purpose as stated in petition: By vacating these two alleyways and combining the parcels it will allow the owner to use the large parcel for constructing a medical facility with parking. The owner will work the utility companies to provide easements or to relocate the existing utility line. C. Petitioner(s): Jaylene Peterson -Nyren on behalf of Kenaitze Indian Tribe of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, July 18, 2011, commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Administration Building, 144 N. Binkley Street, Soldotna, Alaska 99669. Anyone wishing to testify may come to the above meeting to give testimony or may submit a written statement to the attention of Sylvia Vinson - Miller or Maria Sweppy, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street - Soldotna, Alaska 99669. Please provide written testimony to the Planning Department by Friday, July 15, 2011 [written comments may also be sent by Fax to 907 -714- 2378]. If the Planning Commission approves the vacation, the Kenai City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Sylvia Vinson - Miller or Maria Sweppy, Planning Department, 907 -714- 2200 (1- 800 - 478 -4441 toll free within Kenai Peninsula Borough). Paul Voeller Platting Officer pvoeller@boroug h.kenai.ak.us PUBLISH (Thursday July 7, 2011) In accordance with Chapter 20 of Borough Codes, all property owners within a 300-foot radius must be notified of the proposed vacation. According to Borough records,vou are an owner of property within that radius; or you are an affected party. 145 TM 5P DEPARTMENT OF NATURAL RESOURCES DIVISION OF OIL & GAS SEAN PARNELL, GOVERNOR 550 WEST 7"' AVENUE, SUITE 800 ANCHORAGE, ALASKA 99507 -3560 PHONE: (907) 269 -8800 FAX: (907) 269 -6938 STATE OF ALASKA NOTICE OF APPLICATION FOR APPROVAL OF THE FORMATION OF THE COHOE UNIT RECEIVED JUN 2 3 2011 KERAI CITY CLERK The Department of Natural Resources gives notice under 11 AAC 83.311 of an application for approval of the Formation of the Cohoe Unit. The proposed Cohoe Unit is located on the Kenai Peninsula near the intersection of the Sterling Highway and Kalifonsky Beach Road near the community of Kasilof Aurora Gas, LLC (Aurora), the proposed Unit Operator, filed an application to form the Cohoe Unit with the Division of Oil and Gas which was deemed complete on June 16, 2011. Aurora's address is 1400 West Benson Boulevard, Suite 410, Anchorage, Alaska 99503. The proposed Cohoe Unit covers approximately 7,707 acres in two State of Alaska oil and gas leases and one Cook inlet Region, Incorporated oil and gas lease including all or portions of the following lands: T3N -R11 T4N -R11 S.M., Sections 4 - -9, 16 -18; S.M., Sections 21, 28, 29, 32 and 33. The unit formation will be approved if consistent with 11 AAC 83.303 and other applicable regulations and. statutes. You may review the non - confidential portions of the proposed application at the Division of Oil and Gas, Units Section, 550 West 7th Avenue, Suite 1100, Anchorage, Alaska. Copies of the non - confidential portions of the proposed application are available by writing the Division of Oil and Gas, Units Section, 550 West 7th Avenue, Suite 1100, Anchorage, Alaska 99501 -3560. The department charges a photocopy fee of 5.25 per sheet. 11 AAC 05.010 (a)(16)(c). Any person may file written comments on the proposed application. Comments must be received by 4:30 p.m., Monday, July 25, 2011, and should be mailed to the Division of Oil and Gas, at the above address, to the attention of Temple Davidson, Units Section. The department will review and consider all timely written comments before a decision is made. The Commissioner will approve or disapprove the proposed unit formation application considering the criteria in 11 AAC 83.303 after the close of the comment period. Individuals or groups of people with disabilities, who require special accommodations, auxiliary aids or services, or alternative communication formats, please contact Celeste Hayes at (907) 296 -8507, or TDD (907) 269 - 8411(5 days before end of comment period). W.C. Barron, Director Division of Oil and Gas June 17, 2011 "Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans..'' 144 Kebschull reviewed the staff report included in the packet and recommended approval with no contingencies. Twait opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. There were no Commissioner comments. VOTE: There were no objections. SO ORDERED. 4 -c. PZ11 -26 - Preliminary Plat - Beluga Lookout Addition to Original Townsite of Kenai (A Portion of Lot 2, Less Deed Lot of Cherrier Block 6, Plat No. KN 0002970 in the SE '/ of SE 1/4 Section 5, T. 5 N., R.11 W., S.M., Kenai Recording District.) Plat submitted by Terry Eastham, R.L.S. No, 7629, P.O. Box 2891, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ11 -26 with staff recommendations. Commissioner Navarre SECONDED the motion. Kebschull reviewed the staff report included in the packet and recommended approval with the following exception: • An exception to KMC 14.10.070(e)(3) is granted noting the minimum lot . width for the Townsite Historic Zone is 60 feet. Lot 2B has a minimum lot width of 30 feet along Overland Avenue which is sufficient for emergency personnel and equipment to access the property. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. Commissioner comments included: • The 30 foot lot width along Overland Avenue was not used to access the property. • The owner of Lot 2B also owned Lot 2C. • Expressed concern with an encroachment issue on the building. VOTE: Twait Knackstedt Navarre YES YES YES Bryson EXCUSED Koester i YES Romain Rogers EXCUSED YES PLANNING AND ZONING COMMISSION MEETING JUNE 22, 2011 PAGE 3 137 AGENDA KENAI CITY COUNCIL — REGULAR MEETING JULY 6,2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Frank Arbelovsky, Senior Connection -- Meals -on- Wheels Annual Donation 2. Glenda Landua, Kenai Peninsula Borough Office of Emergency Management -- Kenai Community Emergency Response Team (CERT) Program Overview. 3. Thomas R. Daly, Kenai -- Procurement Matters: The Economic Impact of Local Suppliers, Civic Economics. 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. 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. 2. 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. 3. 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. 4. Ordinance No. 2568-2011 -- increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011. 5. Resolution No. 2011 -51 -- Amending the City of Kenai Retention Schedule. 6. Resolution No. 2011 -52 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Increase Airport Fees for Signatory and Non- Signatory Aircraft Landing Fees and Terminal Building Rent for Exclusive and Joint Use Space. 7. Resolution No. 2011 -53 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Decrease Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches to the FY11 Rate of $15.00 per 12 Hour Period for Parking and $15.00 per Overnight Camping. 8. Resolution No. 2011 -54 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Correct Formatting of the Senior Center Meal -- Suggested Donations Section, to Increase the Child and Adult Non - Senior Meal Prices, and to Increase the Suggested Meal Donation Amount for Senior Meals. 9. Resolution No. 2011-55 -- Awarding a Contract to Foster Construction, Inc. for the Project Entitled Marathon Park Phase !- Parking Lot Improvements 2011 for the Total Amount of $161,496.00. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS NOTICE OF PUBLIC HEARING JULY 6, 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. 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. 2. 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. 3. 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. 4. Ordinance No. 2568 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011. 5. Resolution No. 2011 -51 -- Amending the City of Kenai Retention Schedule. 6. Resolution No. 2011 -52 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Increase Airport Fees for Signatory and Non - Signatory Aircraft Landing Fees and Terminal Building Rent for Exclusive and Joint UBe Space. 7. Resolution No. 2011 -53 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Decrease Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches to the FY 1 1 Rate of $15.00 per 12 Hour Period for Parking and $15.00 per Overnight Camping. 8. Resolution No. 2011 -54 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Correct Formatting of the Senior Center Meal -- Suggested Donations Section, to Increase the Child and Adult Non - Senior Meal Prices, and to Increase the Suggested Meal Donation Amount for Senior Meals. 9. Resolution No. 2011 -55 -- Awarding a Contract to Foster Construction, Inc. for the Project Entitled Marathon Park Phase I- Parking Lot Improvements 2011 for the Total Amount of 5161,496.00. 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. Corene Hall, Deputy City Clerk Posted: July 1, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF JULY 6, 2011 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. 1. 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. 2. 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. 3. 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. 4. Ordinance No. 2568 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011. 5. Resolution No. 2011 -51 -- Amending the City of Kenai Retention Schedule. 6. Resolution No. 2011 -52 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Increase Airport Fees for Signatory and Non - Signatory Aircraft Landing Fees and Terminal Building Rent for Exclusive and Joint Use Space. 7. Resolution No. 2011 -53 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Decrease Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches to the FY11 Rate of $15.00 per 12 Hour Period for Parking and $15.00 per Overnight Camping. 8. Resolution No. 2011 -54 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Correct Formatting of the Senior Center Meal -- Suggested Donations Section, to Increase the Child and Adult Non - Senior Meal Prices, and to Increase the Suggested Meal Donation Amount for Senior Meals. 9. Resolution No. 2011 -55 -- Awarding a Contract to Foster Construction, Inc. for the Project Entitled Marathon Park Phase I- Parking Lot Improvements 2011 for the Total Amount of $161,496.00. 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. rl ~, Corene Hall, Deputy City Clerk Posted: July 7, 2011 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA SS: being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO # q 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: :filly 4, 2011 X SUBSCRIBED AND SWORN to the before 131.h da of July , 2011 NOTARY PUBLIC in favor for the State of Alaska. My Commission expir 26- Aug -12 OF I1/4 Min AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 6, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto / /www.ci.kenai.ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1 Frank Arbelovsky, Senior Connection -- Meals -on- Wheels Annual. Donation 2. Glenda Landua, Kenai Peninsula Borough Office of Emergency -- Kenai Community Emergency Response Team (CERT).. Program Overview. 3. Thomas R. Daly, Kenai -- Procurement Matters: The Economic Impact of Local Suppliers, Civic Economics. 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 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 1420.290. 2. Ordinance No. 2566 -2011 -- Increasing Estimated Revenues and. Appropriations in the General Fund and in the Senior Citizens Fund ford the Purchase of a New Meals -On- Wheels Delivery Van Utilizing thee.. State of Alaska Fleet Purchasing Program" 3. 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. 4, Ordinance No. 2568 -2011 - Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011. 5. Resolution No. 2011 -51 -- Amending the City of Kenai Retention Schedule, 6. Resolution No. 2011 -52 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Increase, Airport Fees for Signatory and Non-Signatory Aircraft Landing Fees and Terminal Building Rent for Exclusive and Joint Use Space. 7. Resolution No. 201153 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees to Decrease Camping and Parking Fees Associated with the Personal Use Fishery on the City's North and South Beaches to the FY11 Rate of $15.00 per 12 Hour Period for Parking and $15.00 per Overnight Camping. 8 Resolution No 2011 -54 Amending its Comprehensive Schedule of Rates Charges, and Fees to Correct Formatting of the Senior Center Meal -- Suggested Donations Section, to Increase the Child and Adult Non - Senior Meal Prices, and to Increase the Suggested Meal Donation Amount for Senior Meals, 9. Resolution No. 2011 -55 -- Awarding a Contract to Foster Construction. Inc. for the Project Entitled Marathon Park Phase I- Parking Lot improvements 2011 for the Total Amount of $161,496.00.. II ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3" Action /Approval -- Amendment to Lease /Purpose -- Aircraft Operation and Maintenance to Air Freight Shipping and Receiving or Aircraft Parking -- Schilling Rentals, LLCILot 3, Block 2, General Aviation Apron" 4. Discussion -- Schedule Board of Adjustment Hearing. 5. Discussion /Action Deputy Clerk Position. 6. Discussion /Action -- Setting Salaries of City Clerk, City Attorney, and City Manager. EXECUTIVE SESSION -- Concerning a matter that could prejudice the reputation and character of another - City Manager Performance (at City Manager's request). ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: /Iwww.ci.kenai.ak.us. Corene Hall, Deputy City Clerk D762/21