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HomeMy WebLinkAbout2013-05-15 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 17 PACKETS Council Meeting Date: Ma or ouncil - 3 packets Clerk City Manager City Attorne Finanep Libra ire Department :KSRM Cunain ham Kebschull tudent Re Hall Binder Schmidt Mellish ELECTRONIC COPY NOTICE Send out notice to Council and All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. MAY 15, 2013 REGULAR COUNCIL MEETING REQUESTED AMENDMENTS TO THE AGENDA AMENDMENT REQUESTED BY: Item D -23 Resolution No. 2013 -35 • Amend order of business to address Resolution No. 2013 -35 as Item D -18 prior to Resolution No. 2013 -30 Administration REQUESTED ADDITIONS TO THE PACKET ADD TO: REQUESTED BY: Item D -1 Ordinance No. 2689 -2013: • Memorandum from Council Member Molloy Molloy Item D -15 Resolution No. 2013 -27: • Memorandum from Council Member Molloy Molloy IM "'Villaye with a Past, C# with a Future fl Ibdls! 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1992 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Pat Porter, City Council Members, Student Representative CC: City Manager Rick Koch, Finance Director Terry Eubank FROM: Council Member Bob Molloy j' DATE: May 15, 2013 4 /✓ SUBJECT: Ordinance 2689 -2013 Adopting Annual Budget for FY 2014 Resolution 2013 -27 Amending Comprehensive Fee Schedule I may make two motions that affect Ordinance No. 2689 -2013 and another motion on Resolution No. 2013 -27 that is related to the budget for the Congregate Housing Fund. Employee Health Insurance Per paragraph 9 of the Finance Director's memo dated April 24, 2013 at page 10 of the packet, Council directed Administration to reduce the proposed employee share of health care cost from the 10% share proposed in the draft budget to the FY13 share of 8.5 %. The result is an increase in the health account of funds and departments totaling $29,186. The first motion would be to leave the single employee's monthly premium set at Zero, as it currently is, instead of 8.5% (that is, the single employee's percentage for premium would remain at Zero instead of being 8.5 %). The Finance Director reports that the effect of this additional change — the budgetary impact — if adopted, would be an amendment by funds as follows: Fund Current Amount Increase New Amount General Fund $15,241,397 $21,744 $15,263,141 Senior Citizen Fund 878,309 1,218 879,527 Airport Fund 2,828,898 1,536 2,830.434 Water & Sewer Fund 2,646,103 2,046 2,648,149 Personal Use Fishery Fund 483,152 151 483,303 Congregate Housing Fund 472,637 119 472,756 Capital Project Management Fund 103,053 132 103.185 1- The total increase across all funds would be $26,946. If this amendment passes, the Finance Director suggests another small amendment to avoid a projected deficit in the Personal Use Fishery Fund ( "PUF "). The PUF currently projects revenues equal to expenditures and this amendment would create a $151 projected deficit. Therefore, if this amendment passes, the second motion would be a second amendment (per Finance Director's suggestion) that would reduce the Parks, Recreation, and Beautification Department's contingency in the PUF by $151 so that over all expenditures would again equal revenues and there would be no projected deficit. The numbers for that amendment would be as follows: Fund Amount After Amendment Decrease New Amount Personal Use Fishery Fund 1 $483,303 1 ($151) 1 $483,152 Vintage Pointe Rents The proposed FY 14 budget includes rent increases for seniors at Vintage Pointe "as defined under Option Five of the City Manager's analysis of Vintage Pointe Rents" per the City Manager's memo dated April 5, 2013. Option Five includes a rent increase of $50 per month for each unit for FY 2014. It is my understanding that Ordinance No. 2689 -2013 only appropriates expenditures. Therefore, the other motion that I plan to offer would be an amendment to Resolution 2013 -27 that will increase fees by $25 per month for each rental unit in Vintage Pointe for FY 2014, instead of $50 per month. So my intent is to pass the expenditure budget in Ordinance No. 2689 -2013 as to the Congregate Housing Fund, but amend Resolution 2013 -27 to set the rent increase at $25 per unit per month for FY 14. If the amendment to Resolution 2013 -27 passes, the Finance Director reports that the result would be a net loss from operations of $132,994 including depreciation of $132,438 as opposed to the proposed budget that results in a net loss from operations of $121,294 including depreciation of $132,438. This would be an increase of $11,700 in net loss from operations. Council's support of these amendments is respectfully requested. 2- gag Palusda Air lumeN ,p 3 ON 4 fe POKER RUN Fair *AIS / U UN— PUBLIC WELCOME IL, Soldotna Airport EAA BREAKFAST PILOT REGISTRATION 8:00 am to 11:00 am 1rNak v�A� 1P\os A AMHHNS M1S�V Kenai Airport BAR -B -QUE ® LIVE MUSIC 0 12:00 pm to 3:00 pm CROWLEY OCCUPATIONAL HEALTH ("�A�N DISAFETY SERVICES l� FOR INFORMATION CALL (907) 283 -7951 or (907) 262 -4672 www.KenaiAirport.com www.ci.soldotna.ak.us AGENDA KENAI CITY COUNCIL — REGULAR MEETING MAY 15, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *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. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2689 -2013 — Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2013 and Ending June 30, 2014. _ .............................................. Pg 7 2. Ordinance No. 2690 -2013 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2014 Operating Budget Pay Schedules. .................................................................................................................. Pg 13 3. Ordinance No. 2691 -2013 — Amending the Kenai Municipal Code 23.55.030 Entitled "Qualification Pay" to Provide a One Pay Range Increase for Qualified Driver /Operators in the Fire Department and Incorporate Changes Adopted in the FY2014 Operating Budget . .......................................................................................... Pg 17 4. Ordinance No. 2692 -2013 — Amending the Kenai Municipal Code Section 23.40.120, Medical and Hospital Insurance to Specify that Employees Shall Pay a Percentage of Medical and Hospital Insurance Plan Costs Recommended by the City Manager and Approved by the City Council ..................... ............................... Pg 21 5. Ordinance No. 2693 -2013 — Amending the Kenai Municipal Code Sections 23.25.050, Pay Day, 23.25.060, Overtime, and 23.40.030, Annual Leave, to Provide for a Bi- Weekly Pay Period Instead of a Monthly Pay Period .......................... Pg 25 6. Ordinance No. 2694 -2013 — Amending the Kenai Municipal Code Section 23.25.065, Shift Differential Pay, to Pay Employees Shift Differential Pay for Each Qualifying Shift Worked ......................................................... .............................Pg 31 7. Ordinance No. 2695 -2013 — Amending Kenai Municipal Code Chapters: One (1), Agencies, Officers, and Employees; Ten (10), General and Miscellaneous Provisions; and Twenty Three (23), Personnel Regulations, to Clarify that Employees of the City that Are Not Exempted from the Overtime and Minimum Wage Provisions of the Fair Labor Standards Act Are Paid on an Hourly Basis andNot a Salary Basis ................................................................. ............................... Pg 35 8. Ordinance No. 2696 -2013 — Amending Kenai Municipal Code Sections 23.25.060, Overtime, and 23.30.050, Business Hours and Hours of Work, to Accommodate a New Work Schedule for Employees Performing Fire Protection Activities and Minimizing the Financial Impact of the Change to the City by Reducing the Overtime Rate for Fire Protection Employees ......... ............................... Pg 45 9. Ordinance No. 2697 -2013 — Amending Kenai Municipal Code Section 23.25.070, Acting Positions, to Provide for Consistent Application to Employees with Different Work Schedules ........................................................ .............................Pg 53 10. Ordinance No. 2698 -2013 — Increasing General Fund Estimated Revenues and Appropriations by $83,721 for Costs in Excess of Budgeted Amounts ......................... Pg 57 11. Ordinance No. 2699 -2013 — Increasing Airport Fund Estimated Revenues and Appropriations by $29,486 for Costs in Excess of Budgeted Amounts ......................... Pg 65 12. Ordinance No. 2700 -2013 — Increasing Water & Sewer Fund Estimated Revenues and Appropriations by $21,255 for Costs in Excess of Budgeted Amounts......................................................................................... .............................Pg 69 13. Ordinance No. 2701 -2013 — Amending the Kenai Municipal Code Section 1.15.130, Telephonic Participation, to Remove the Requirement that a Request for Telephonic Participation by a Council Member for a Council Meeting be Made in Writing and Reducing the Requirement of Advance Notice to at Least Three Hours Prior to the Start of the Meeting .......................................... ............................... Pg 73 14. Ordinance No. 2702 -2013 — Amending Kenai Municipal Code (KMC) Sections 14.20.200, Accessory Structures, and 14.24.020, General Requirements - Development Requirements Table, to Amend Setback Requirements and Merging KMC Section 14.24.030, Addendum to Development Requirements Tables, into KMC 14.24.020 and Deleting KMC 14.24.030 for Purposes of Clarity...... Pg 79 City of Kenai Council Meeting Agenda Page 2 of 5 May 15, 2013 15. Resolution No. 2013 -27 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Adopted During the FY2014 Budget Process to include Increasing Camping and Parking Fees Associated with the Personal Use Fishery, Increasing Monthly Rental Rates at Vintage Pointe, and increasing Fees for Water and Sewer Service .............................. ............................... Pg 89 16. Resolution No. 2013 -28 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July1, 2013 and Ending June 30, 2014 ........... ............................... Pg 101 17. Resolution No. 2013 -29 — Authorizing the City Manager to Enter into a Contract with United Health Care to Provide Employee Health Care to City Employees EffectiveJuly 1, 2013 ..................................................................... .............................Pg 103 18. Resolution No. 2013 -30 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Lake and Peninsula Airlines, Inc .......... ............................... Pg 109 19. Resolution No. 2013 -31 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Era Aviation, Inc ..................................... .............................Pg 121 20. Resolution No. 2013 -32 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Grant Aviation ...................................... ............................... Pg 131 21. Resolution No. 2013 -33 — Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Kenai Municipal Airport Landing Fees and Terminal Rents Per Amendments to the Airline Operating Agreement to be EffectiveJune 1, 2013 .................................................................... .............................Pg 141 22. Resolution No. 2013 -34 — Authorizing a Budget Transfer within the General Fund Parks, Recreation and Beautification Department for Overtime and Leave in Excess of Budgeted Amounts ................................................... ............................... Pg 145 23. Resolution No. 2013 -35 — Authorizing the City to Enter into an Airline Operating Agreement and Terminal Area Lease with Lake and Peninsula Airlines Inc ................. Pg 147 E. MINUTES 1. 'Regular Meeting of May 1, 2013 .................................................... .............................Pg 149 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified .......................................... ............................... Pg 159 2. Action /Approval — Purchase Orders Exceeding $15, 000 .............. :............................Pg 161 City of Kenai Council Meeting Agenda Page 3 of 5 May 15, 2013 3. Action /Approval — New Restaurant/Eating Place Liquor License #5224 for Francisco Rodriguez, d /b /a Playa Azul ........................................... .............................Pg 163 4. *Ordinance No. 2703 -2013 — Increasing Estimated Revenues and Appropriations by $512.45 in the General Fund - Police Department for State Traffic Grant Overtime Reimbursement ........................................ ............................... Pg 181 5. *Ordinance No. 2704 -2013 — Amending KMC 13.40.040 to Provide for a Seasonal Speed Limit of Twenty (20) Miles Per Hour While Driving Motorized Vehicles on a Certain Portion of the North Shore Public Beach .... ............................... Pg 183 6. *Ordinance No. 2705 -2013 — Increasing Estimated Revenues and Appropriations by $2,343.04 in the General Fund — Police Department for Justice Assistance Grant Overtime Reimbursement ................................. ............................... Pg 187 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee ....................... I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ........................ ............................... 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE_ SESSION — None M. PENDING ITEMS — Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures. [Clerk's Note: At its March 6, 2013 meeting, Council postponed Ordinance No. 2656 -2012 for 90 days and the ordinance was referred to administration.] City of Kenai Council Meeting Agenda Page 4 of 5 May 15, 2013 N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg 205 2. Kenai River Special Management Area Advisory Board Meeting Agenda of May 9, 2013 and Meeting Minutes of April 11, 2013 ............................... .............................Pg 207 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -7535 ext 231. City of Kenai Council Meeting Agenda Page 5 of 5 May 15, 2013 THIS PAGE IS INTENTIONALLY LEFT BLANK Suggested by: Administration CITY OF KENAI NO. 2689 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2013 AND ENDING JUNE 30, 2014. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriations of the funds needed; and, WHEREAS, the Council held two work sessions on the budget on April 8, 2013, and April 22, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1: Form: This is a non -code ordinance. Section 2: That the document entitled "City of Kenai Fiscal Year 2014 Annual Budget" which is available for examination by the public in the Office of the City Clerk, the City's website and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2013 and ending June 30, 2014. Section 3: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the fast day of July, 2013, and ending the 30th day of June, 2014, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code and Charter of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 2 hereof: General Fund $15,241,397 Enterprise Funds Congregate Housing 472,637 Capital Projects Management Fund 103,053 Special Revenue Funds: Personal Use Fishery Fund 483,152 Water and Sewer Fund 2,646,103 Airport Fund 2,828,898 Senior Citizen Fund 878,309 New Text Underlined; DELETED TEXT BRACKETED) Page 7 of 210 Ordinance No. 2689 -2013 Page 2 of 2 Debt Service Fund 178,598 Permanent Funds Airport Land Sales Permanent Fund 1,090,572 General Land Sales Permanent Fluid 137,732 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 1 PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 New Text Underlined; (DELETED TEXT BRACKETED] Page 8 of 210 u "Villaye 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 —it From: Terry Eubank, Finance Director Date: April 24, 2013 Re: Ordinance 2689 -2013 Ordinance 2698 -2013 will establish the FY14 Operating Budget for the City. The draft budget was issued on April 3'd and differs slightly from what will be appropriated with the passage of this ordinance. Those differences are as follows: 1. The April P Draft Budget included a proposal to impose an annual non - resident fee to obtain a library card from the Kenai Community Library. At the direction of Council the proposed $40,000 in revenue expected from this proposal has been removed from estimated General Fund Revenues. 2. At the direction of Council, the Clerk Department's Travel and Transportation account was increased by $2,135 to accommodate the IT Manager's attendance of the annual user conference for the City's digital archiving software. 3. At the direction of Council, the Legislative Operating Supply account was increased by $3,500 to allow for the purchase of supplies for the City's semi -annual Volunteer Appreciation Event. 4. Council provided the Administration the following detailed distribution of the proposed grant funds: Kenai Watershed Forum Kenai Oilers Park Water Water Testing $5,000 &Sewer $1,600 Kenai Chamber Christmas Comes Kenai Chamber 4's of July to Kenai Fireworks $3,500 Celebration $2,500 Industry Appreciation Day $500 Kenai Boys & Girls Club $10,000 Miscellaneous — unidentified $5,000 Page 9 of 210 5. At the direction of Council, $2,150 was eliminated from Legislative — Professional Services due to a successful request for proposal that resulted in decreased annual audit fees for the City in FY14. 6. Council directed the Administration to increase Buildings — Buildings by $5,000 for the replacement of bathroom fixtures at the Kenai Recreation Center. Council directed the Administration to decrease Parks, Recreation & Beautification — operating Supplies by $5,600 for the purchase of a gym floor tarp for the Kenai Recreation Center. 8. $12,500 was eliminated from each of the Senior Citizens Fund — Home Meals and Choice Waiver Departments Machinery and Equipment accounts as the van is being purchased by the Kenai Senior Connection and will be donated to the City, eliminating the need for this purchase. 9. Council directed the Administration to reduce the proposed employee share of health care costs from the 10% share proposed in the draft budget to the FYI share of 8.5 %. The result was an increase in the health account of each of the following funds and departments totaling $29,186: General Fund Personal Use Fisher Fund Clerk $ 429 Streets $ 54 Legal 572 Parks, Recreation & Beautification 53 City Manager 478 Boating Facility -5b Finance 1,359 Total Personal Use Fishery Fund $143 Planning & Zoning 572 Police 5,720 Airport Fund Fire 5,434 Terminal $ 335 Communications 2,288 Airfield 657 Animal Control 572 Airport Administration 478 Public Works Administration 429 Other Buildings & Areas 192 Shop 858 Total Airport Fund $l Streets 1,539 Buildings 664 Congregate Housing Fund $ Library 1,430 Boating Facility 1,091 Water & Sewer Fund Parks, Recreation & Beautification 123 Water $ 537 Total General Fund $23,55$ Sewer 823 Wastewater Treatment Plant 858 Senior Citizen Fund Total Water & Sewer Fund Access $ 399 Congregate Meals 243 Capital Project Management Fund $143 Home Meals 157 Transportation 43 Total All Funds $222JU Choice Waiver 171 Total Senior Citizen Fund $1 1 10. Council directed the Administration to increase Parks, Recreation & Beautification — Small Tools by $4,200 for the purchase of rubber disc golf tee pads for the City's Disc Golf Courses. Page 10 of 210 11. $10,000 was eliminated from the Personal Use Fishery — Parks, Recreation dr. Beautification Machinery & Equipment account because the piece of equipment to be purchased was included in a FY13 purchase and will not be purchased in FY14. 12. $9,837, the difference between the $10,000 eliminated in the Personal Use Fishery — Parks, Recreation & Beautification account and that added to health was added to contingency in the Personal Use Fishery — Parks, Recreation & Beautification budget for potential unexpected expenditures in operations of the fishery. 13. After a process to review and update job descriptions, the janitor position at the Senior Center, based on identified job duties, is being recommended to increase from a Range 1 to a Range 2.4. The cost of this increase is $3,143 annually. The total changes in expenditures by fund are as follows: Ordinance 2689 -2013 April 3`d After Above Budget Draft Changes General Fund $ 15,210,754 $15,241,397 Special Revenue Funds Personal Use Fishery 483,152 483,152 Water &Sewer 2,643,885 2,646,103 Airport 2,827,236 2,828,898 Senior Citizen 898,853 878,309 Enterprise Funds Congregate Housing 472,508 472,637 Capital Project Management 102,910 103,053 Permanent Funds General Land Sale Permanent Fund 137,732 137,732 Airport Land Sale Permanent Fund 1,090,572 1,090,572 Debt Service Fund 178.598 178.598 Total All Funds $ 4 46 20 $24.060.451. Page 11 of 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 12 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2690 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 23.55 ENTITLED "PAY PLAN' TO INCLUDE, THE FISCAL YEAR 2014 OPERATING BUDGET PAY SCHEDULES. WHEREAS, the Fiscal Year (FY) 2014 Operating Budget Pay Schedule was established by converting the annual pay amounts from the FY2013 Salary Pay Schedule to hourly rates of pay to accommodate the City's new payroll schedule and adding a 2.00% cost of living increase to the FY2013 schedule as approved by the adoption of the FY2014 budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, KMC Chapter 23.55 entitled, 'Pay Plan" is amended as follows: Section 1. Form: This is a Code Ordinance. Section 2. Amendment of Section 23.55 of the Kenai Municipal Code entitled Fiscal Year 2013 Operating Budget Salary Schedule: The Kenai Municipal Code, Section 23.55 Fiscal Year 2013 Operating Budget Salary Schedule, is hereby replaced with the Fiscal Year 2014 Operating Budget Pay Schedule as follows: New Text Underlined; IDELETED TEXT BRACKETEDI Page 13 of 210 Ordinance No. 2690 -2013 Page 2 of 3 Range A B C D E F AA BB CC Step 1 9.71 9.95 10.19 10.43 10.68 10.92 11.16 11.40 11.65 1.1 10.18 10.43 10.68 10.94 11.19 11.45 11.70 11,96 12.21 2 10.84 11.11 11.38 11.65 11.92 12.19 12.46 1.2.73 13.00 2.1 11.41 11.70 11.98 12.27 12.55 12.84 13.12 13.41 13.69 2.2 12.07 12.37 12.68 12.98 1328 13.58 13:88 14.18 14.49 2.3 12.68 12.99 13.31 13.63 13.95 14.26 14.58 14.90 15.21 2,4 14.81 15.18 15.55 15.92 16.29 16.66 17.03 17.40 17.77 2.5 16.77 17.19 17.61 18.02 18.44 18.86 19.28 19.70 20.12 3 16.88 17.30 17.72 18.14 18.57 18.99 19.41 19.83 20.25 4 17.72 18.17 18.61 19.05 19.50 19.94 20.38 20.83 2127 5 18.61 19.08 19.54 20.01 20.47 20.94 21.40 21.87 22.34 6 19.54 20.03 20.52 21.01 21.50 21.98 22.47 22.96 23.45 7 20.52 21.04 21.55 22,06 22.57 23.09 23.60 24.11 24.63 8 21.56 22.10 22.64 23.18 23.71 24.25 24.79 25.33 25.87 9 22.63 23.19 23.76 24.32 24.89 25.45 26.02 26.59 27.15 10 23.76 24.35 24.94 25.53 26.13 26.72 27.32 27.91 28.50 11 24.94 25.56 26.18 26,81 27.43 28.06 28.68 29.30 29.93 12 26.20 26.85 27.50 28.16 28 -.81 29.47 30.12 30.78 31.43 13 27.49 28.17 28.86 29.55 30.24 30.92 31.61 32.30 32.98 14 28.88 29.60 30.32 31.05 31,77 32.49 3121 33.94 34.66 15 30.32 31.08 31.84 32.60 33.36 34.12 34.87 35.63 36.39 16 31.83 32.62 33.42 34.21 35.01 35.80 36,60 37.39 38.19 17 33.42 34.26 35.09 35.93 36.77 37.60 38.44 39.27 40.11 18 35.09 35.97 36.65 37.72 38.60 39.48 40.36 41.23 42.11 19 36.84 37.76 38.68 39.60 40.52 41.44 42.37 4329 44.21 20 38.70 39.67 40.63 41.60 42.57 43.54 44.50 45.47 46.44 21 40.64 41.65 42.67 43.68 44.70 45,71 46.73 47.74 48.76 22 42.64 43.71 443B 45.84 46.91 47.97 49.04 50.11 51.17 23 44.78 45.90 47.02 48.14 49.26 50.38 51.60 52.62 53.74 24 47.08 48.26 49.43 50.61 51.79 52.97 54.14 55.32 56.50 FISCAL YEAR 2014 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES ENGAGED IN FIRE PROTECTION ACTIVITIES Range A B C D E F AA BB CC Step 13 19.64 20.12 20.61 21.11 21.60 22.09 22,58 23.07 23.56 14 20.63 21.14 21.66 22.18 22.69 23:21 23.72 24.24 24.76 15 21.66 22.20 22.74 23.29 23.83 24.37 24.91 25.45 25.99 16 22.74 23.30 23.87 24.44 25.01 25.57 26.14 26.71 27.28 New Text Underlined; (DELETED TEXT 13RACKETEDI Page 14 of 210 Ordinance No. 2690 -2013 Page 3 of 3 Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision or application. Section 4. Effective date: Pursuant to KMC 1.15.070(f , this ordinance shall take effect one month after adoption. Pay rates will be applicable to all wages earned on or after July 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: —7._ PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 New Text Unde fined; )DELETED TEXT BRACKETED) Page 15 of 210 V "Villaye 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 J From: Terry Eubank, Finance Director Date: April 24, 2013 Re: Ordinance 2690 -2013 Ordinance 2690 -2013 codifies the changes to the personnel section of the Kenai Municipal Code that were adopted with the passage of the FY14 City of Kenai Budget. Changes are required with the adoption of the FYI Pay Schedule that incorporated a 2.0% Cost of Living Allowance (COLA) increase. The COLA increase has an estimated FYI 4 salary and benefit cost to the City of $237,501 for all funds, comprised of $152,516 in employee pay increases and $84,985 in associated employee benefits. Besides the COLA increase, the FY 14 Pay Schedule was converted to hourly rates of pay rather than annual amounts due to the conversion of the City's payroll system to issuing payroll on a bi- weekly basis as opposed to a monthly basis. This change also necessitated the addition of a separate pay table for those employees engaged in fire protection activities. Page 16 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2691 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE 23.55.030 ENTITLED "QUALIFICATION PAY" TO PROVIDE A ONE PAY RANGE INCREASE FOR QUALIFIED DRIVER/ OPERATORS IN THE FIRE DEPARTMENT AND INCORPORATE CHANGES ADOPTED IN THE FY2014 OPERATING BUDGET. WHEREAS, City of Kenai firefighters receive extensive training on driving and operating all fire department apparatus; and, WHEREAS, the fire department's response matrix and Insurance Services Office (ISO) rating are dependent upon firefighters being properly trained to drive and operate all department apparatus; and, WHEREAS, a compensation comparison with neighboring fire departments demonstrates a need for the City to provide increased pay for its firefighters that are qualified to drive and operate all department apparatus; and, WHEREAS, the adopted Fiscal Year (FY) 2014 Operating Budget includes funding for this proposal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code Ordinance. Section 2. Amendment of Section 23 55.030 of the Kenai Municipal Code entitled Qualification Pay: That Kenai Municipal Code, Section 23.55.030 is hereby amended as follows: 23.55.030 Qualification pay. (a) In recognition of professional development, personal time, and effort of the individual to achieve same, the following annual recognition entitlement is authorized, payable on a pro rata monthly basis. (b) This recognition entitlement is not considered when calculating hourly rates for annual leave or holiday pay. (1) Police Department. Certification in accordance with State of Alaska Certification Standards. New Text Underlined: [DELETED TEXT BRACKETED] Page 17 of 210 Ordinance No. 2691 -2013 Page 2 of 3 (2) (3) (4) Police Officer Intermediate Certification $900 1year Advanced Certification $1,800 /year Police Sergeant Intermediate Certification $900 /year Advanced Certification $1,800 /year Police Lieutenant Advanced Certification $1,800 /year Police Officer Advanced Certification $1,800 /year Fire Department. (i) Recognition entitlements for an associate degree in fire science is four hundred eighty dollars ($480.00) per year. Eligible grades are fire fighter, engineer, and captain. (ii) Recognition entitlements for EMT certification for eligible grades of fire fighter, engineer, and captain are as follows: EMT I Instructor $250 /year EMT II $500 /year EMT III $1,000 /year (included EMT II pay) EMT - Paramedic $1,500 /year (includes EMT II & III pay) Water and Sewer Utility. Certification in accordance with the State of Alaska Certification Standards: W &SII W & S III $300 /year $480 /year City Clerk's Office. Certification in accordance with International Institute of Municipal Clerks. Certified Municipal Clerk 2.5% of the employee's base pay New Text Underlined; [DELETED TEXT BRACKETED] Page 18 of 210 Ordinance No. 2691 -2013 Page 3 of 3 Section 3. Sevembility: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision or application. Section 4. Effective date: Pursuant to KMC 1. 15.070(1 i this ordinance shall take effect July 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 Pew Text Underlined; PELETED TEXT Page 19 of 210 M "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: April 24, 2013 Re: Ordinance 2691 -2013 In preparation of the FY14 Budget and per the request of Fire Department Personnel, a wage review was accomplished comparing the pay rates of City of Kenai Fire Department personnel and the pay rates of the neighboring departments of Central Emergency Services and Nikiski Fire Service Area. The review included comparison of combined employee base pay and qualification pay. The result of the review showed comparable pay for City of Kenai personnel except when comparing pay rates for firefighters of the City, who are qualified and required to drive and operate all department apparatus, and engineer positions at the neighboring departments that perform many of the same tasks. Ordinance 2691 -2013 proposes to create a new qualification pay item for which only the firefighter position would be eligible entitled "Driver /Operator'. Firefighters who become "Driver /Operator' qualified by the department, a process that takes approximately two - years, will be eligible for a one pay range increase in pay. Funding for this recommendation was included in the FY14 Operating Budget in the amount of $28,693 including pay and benefits. Page 20 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2692 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 23.40.120, MEDICAL AND HOSPITAL INSURANCE TO SPECIFY THAT EMPLOYEES SHALL PAY A PERCENTAGE OF MEDICAL AND HOSPITAL INSURANCE PLAN COSTS RECOMMENDED BY THE CITY MANAGER AND APPROVED BY THE CITY COUNCIL. WHEREAS, Kenai Municipal Code 23.40.120, Medical and hospital insurance, currently provides that the City shall pay all medical and hospital (hereinafter collectively "medical') insurance premiums for employees; and, WHEREAS, medical insurance costs for the City, as with other employers, has increased substantially over the last few years; and, WHEREAS, it is anticipated the employee medical insurance costs will continue to increase over the next several years; and WHEREAS, it is reasonable, and in line with other local municipal employers, to require employees to pay a percentage of medical insurance premiums; and, WHEREAS, the percentage paid by employees will be determined annually by the Council after a recommendation by the City Manager if this ordinance is adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 23.40.120 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.120 Medical and hospital insurance, is hereby amended as follows: 23.40.120 Medical and hospital insurance. Medical and hospital insurance shall be provided by a group policy for all employees with a percentage of nlan costs FALL PREMIUMS] paid by the City and a percentage paid by the employee unless the employee declines such coverage. Life, major medical, dental, and vision insurance are included as part of group insurance. The percentage of Plan costs paid by the City and employees respectively, shall be recommended by the City Manager and approved by the Council annually during the budget process, or as otherwise necessary. New Text Underlined; (DELETED TEXT BRACKETEDI Page 21 of 210 Ordinance No. 2692 -2013 Page 2 of 2 Section 3. Severability; That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect July 1, 2013, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 7. PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 [DELETED TEXT BRACKETED] Page 22 of 210 lVillaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Me4dyad Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 Z IV \ To: Rick Koch, City Manager From: Terry Eubank, Finance Director // Date: April 24, 2013 Re: Ordinance 2692 -2013 The FYI Operating Budget included a proposal to require employees with no medical insurance dependent coverage to pay 8.5% of their health care costs, the same percentage paid by any employee with dependent coverage. The change in KMC 23.40.120 is needed to implement this proposal. Page 23 of 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 24 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2693 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTIONS 23.25.050, PAY DAY, 23.25.060, OVERTIME, AND 23.40.030, ANNUAL LEAVE, TO PROVIDE FOR A BI- WEEKLY PAY PERIOD INSTEAD OF A MONTHLY PAY PERIOD. WHEREAS, pursuant to KMC 23.25.050, Pay day, City employees are currently paid based on a monthly pay period; and, WHEREAS, changing to a bi- weekly pay period will increase administrative efficiency in processing payroll, reduce the potential for payroll errors, simplify the process of completing timesheets and increase the number of payments to employees; and, WHEREAS, KMC 23.25.060, Overtime, must additionally be amended to accommodate a bi- weekly pay period by deleting subsection (e) which only pertains to processing a monthly pay period; and, WHEREAS, KMC 23.40.030, Annual leave, also must be amended to accommodate a bi- weekly pay period even though the actual benefits will remain the same. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 23.25.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.050 Pay day, is hereby amended as follows: 23.25.050 Pay day. The pay period is bi- weekly. Employees shall be paid every other Friday (pay day). [MONTHLY, BUT ON THE FIFTEENTH OF EACH MONTH, A PAY ADVANCE IS ISSUED ACCORDING TO A PRO RATA DRAW OR SHARE OF NET ENTITLEMENT FOR THE MONTHLY PERIOD.] If the pay day [FIFTEENTH OR THE LAST DAY OF THE MONTH] falls on a (SATURDAY, SUNDAY, OR) holiday, employees shall be paid on the last working day preceding the pay day [DATE]. [TEMPORARY EMPLOYEES AND THOSE WORKING LESS THAN FIFTEEN (15) HOURS PER WEEK ARE PAID ON THE LAST WORKING DAY OF THE MONTH AND RECEIVE NO ADVANCE ON THE FIFTEENTH.] New Text Underlined; DELETED TEXT BRACKETED] Page 25 of 210 Ordinance No. 2693 -2013 Page 2 of 5 Section 3. Amendment of Section 23.25.060 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.060 Overtime, is hereby amended by deleting subsection (e) as follows: (a) Department heads and supervisors shall assign to each employee regular work duties and responsibilities which can normally be accomplished within the established work day and work week. (b) When employees are required to work overtime, department heads shall authorize compensatory time off or overtime pay. Determination to grant overtime pay or compensatory time off shall rest with the department head, City Manager, or acting department heads, who shall give due consideration to desires of the employee, to budgetary controls and to the provisions of subsection (c) of this section. Rates for overtime (in addition to regular compensation based upon salary schedules) shall be based upon the employee's regular rate of pay as follows. (1) General government employees (excluding sewer treatment plant and temporary employees): Regular Pay Times Regular Work 11/2 Saturday 1 1/2 Sunday 2 Holiday 2 1/2 (2) Temporary employees: Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 1 1/2 Holiday 1 1/2 (3) General government and temporary employees must be in a paid status for forty (40) hours in the work week before overtime compensation will be paid. (4) Public safety and sewer treatment plant employees; Regular Pay Times Regular Work Day 1 1/2 Saturday 1 1/2 Sunday 2 Holiday (5) Public safety and sewer treatment plant employees must be in a paid status for their normal work week, as follows, before overtime compensation will be paid: New Text Underlined; IDELETED TEXT BRACKETED] Page 26 of 210 Ordinance No. 2693 -2013 Page 3 of 5 Police 40 hours Fire 56 hours Communications 40 hours Sewer treatment plant 40 hours However, overtime may be paid as required by the Fair Labor Standards Act, recognizing that an employee's salary is compensation for the normal shifts specified in this Title. (c) Compensatory time accumulation shall not exceed the total number of hours equal to one (1) regular shift of the employee. Once this maximum accumulation has been reached, all overtime compensation earned by the employee shall automatically be paid in cash. (d) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The individuals in these positions are expected to work as many hours as the responsibilities of their positions require. As a result, individuals in these positions shall not be paid overtime or allowed to accrue compensatory time. (e) [THE FINANCE DEPARTMENT SHALL ASK EMPLOYEES TO SUBMIT MONTHLY TIME SHEETS ON A DATE NEAR ENOUGH TO THE END OF THE MONTH TO ALLOW FOR PROCESSING OF PAY CHECKS BY THE LAST PAY DAY OF THE MONTH. OVERTIME APPEARING ON SUCH TIME SHEETS SHALL BE PAID ON THE LAST PAY DAY OF THE MONTH. OVERTIME WORKED BETWEEN THE SUBMISSION OF TIME SHEETS AND THE END OF THE MONTH SHALL BE ENTERED ON THE FOLLOWING MONTH'S TIME SHEET AND PAID ON THE LAST PAY DAY OF THAT MONTH.] Section 4. Amendment of Section 23.40.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.40.030 Annual leave, is hereby amended as follows: 23.40.030 Annual leave. (a) Annual leave is a combined vacation and sick leave. (b) Accrual rate: (1) Full-time classified employees except certain Fire Department employees: 7.3846 hours bi- weekly [SIXTEEN (16) HOURS PER MONTH] —first two (2) years of service. 8,3077 hours bi- weekly [EIGHTEEN (18) HOURS PER MONTH] —three (3) through five (5) years of service, 9.2308 hours bi- weekiv[TWENTY (20) HOURS PER MONTH] —six (6) through ten (10) years of service. New Text Underlined; DELETED TEXT BRACKETED] Page 27 of 210 Ordinance No. 2693 -2013 Page 4 of 5 10.1538 hours bi- we ekly[TWENTY -TWO (22) HOURS PER MONTH] —more than ten (10) years of service. (2) Fire (Based on a fifty -six (56) hour week). 10.3385 hours bi- wee klv[TWENTY -TWO AND FOUR- TENTHS (22.4) HOURS PER MONTH] —first two (2) years of service. 11.6308 hours bi- weeklV[TWENTY -FIVE AND TWO- TENTHS (25.2) HOURS PER MONTH] —three (3) through five (5) years of service. 12.9231 hours- bi- we ekly[TWENTY -EIGHT (28.0) HOURS PER MONTH] —six (6) through ten (10) years of service. 14.2154 hours bi- weekly[THIRTY AND EIGHT - TENTHS (30.8) HOURS PER MONTH] —more than ten (10) years of service. (c) Annual leave is charged on an hour - for -hour basis; i.e. normal work day of eight (8) hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve (12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty -four (24) hour work day, twenty -four (24) hours annual leave. (d) Leave continues to accrue during the period of time an employee is on paid leave except during periods of terminal leave (leave time after which the employee does not intend to return to work). Leave does not accrue during periods of leave without pay. (e) Accrued and unused leave may be carried over from one (1) year to the next for the purpose of accumulating an annual leave account or reserve. The maximum leave hours that may be accrued is six hundred forty (640) hours for classified and exempt, and eight hundred ninety -six (896) hours for Fire Department employees working the fifty -six (56) hour week. (f) Annual leave may be used for any purpose desired by the employee. Incidental absences for sickness as unplanned are not controllable, However, planned absences must be coordinated with and approved by the appropriate department head. (g) It is required that each employee use a minimum of eighty (80) hours of leave per calendar year for employees working forty (40) hours per week, and one hundred twelve (112) hours for employees working the equivalent of fifty -six (56) hours per week, and affect appropriate coordination with the department head. If actual hours used are less than the minimum requirement, then the difference shall be deducted from available leave hours without any compensation to the employee. (h) Excess leave above the amount authorized for accrual [Paragraph (a)(2)(d) above] existing on December 31st shall automatically be paid at the then existing rate for the individual employee. (i) Department heads shall schedule vacations for their respective employees with due consideration for the desires of the employees and the work requirements facing the department. Vacation schedules may be amended to allow the department to meet emergency situations. 6) In the event of significant illness or injury not covered by Workman's Compensation, or absence due to training or education an employee on exhausting New Text Underlined; ]DELETED TEXT BRACKETED] Page 28 of 210 Ordinance No. 2693 -2013 Page 5 of 5 annual leave may, with the approval of the City Manager, borrow up to a sit (6) month entitlement (Le., thirteen (13) [SIX (6) Jx 7.3846[SIXTEEN (16)) hours) to avoid a no- pay status. In the event the person's employment with the City ends prior to the borrowed leave being repaid, the employee must reimburse the City for the value of any leave not repaid. The City may deduct the value of any leave not repaid from the employee's final paycheck. (k) Part -time employees working fifteen (15) hours a week or more shall accrue at the same rate as a full -time employee except on a proportional basis as to hours. (I) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall have annual leave charged on an eight (8) hour /whole day basis. If any such employee is present for work during any portion of a day, that employee shall not be charged annual leave for that day. Conversely, if any such employee is absent from her or his normal place of work for an entire day (excluding Saturdays, Sundays, and holidays) that employee will be charged eight (8) hours of annual leave for that day. Section S. Severability: That 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 6. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect July 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 New Text Underlined; ]DELETED TEXT BRACKETED] Page 29 of 210 u "Villaye with a Past, C# with a Future ff FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager IjFrom: Terry Eubank, Finance Director Date: April 24, 2013 Re: Ordinances 2693 - 2013,2694 -2013, and 2695 -2013 Ordinances 2693 -2013, 2694 -2013, and 2695 -2013 are necessary for the City to switch its payroll cycle from monthly to bi- weekly effective July 1, 2013. The proposed switch will simplify the City's payroll processing, eliminate control deficiencies of the current system, and assure compliance with payroll laws and regulations. The switch will also provide a means for employees to receive pay for overtime worked on a more - timely basis. Many sections of the KMC reference paying employees on a monthly basis or using a salary basis to pay employees. These changes will replace monthly basis with bi- weekly and replace salary with hourly basis so as to eliminate confusion with provisions of the Fair Labor Standards Act. Other changes necessary for this switch include converting monthly accrual rates for leave to bi- weekly accrual rates. These changes are accomplished in Ordinance 2693 -2013 with no increase or reduction in employee leave benefits. Ordinance 2394 -2013 will change how eligibility for shift differential pay is determined. Currently 75% or more of the shifts worked in a month by an employee must be a qualifying shift to receive shift differential compensation. The proposed change will pay shift differential for each shift worked. Page 30 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2694 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 23.25.065, SHIFT DIFFERENTIAL PAY, TO PAY EMPLOYEES SHIFT DIFFERENTIAL PAY FOR EACH QUALIFYING SHIFT WORKED. WHEREAS, pursuant to KMC 23.25.065, Shift differential pay, City employees are only eligible for shift differential pay if the employee is scheduled to work at least seventy five percent (75 %) of the hours in a monthly pay period in one or any combination of shifts eligible for shift differential pay, and then the employee receives the shift differential pay for all hours worked during the month; and, WHEREAS, it is more equitable to pay employees a shift differential for each qualifying shift at the specific qualifying shift differential rate; and, WHEREAS, KMC 23.25.065 must also be amended to reflect the change in the City moving from a monthly pay period to a bi- weekly pay period. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 23.25.065 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.065 Shift differential pay, is hereby amended as follows: 23.25.065 Shift differential pay. (a) Elieible [E]employees who [ARE SCHEDULED TO] work certain shifts explained below [MAY BE] are entitled to additional compensation. To be eligible, the scheduled shift must be for a period of less than twenty -four (24) hours. [IN ADDITION, THE EMPLOYEE MUST BE SCHEDULED TO WORK AT LEAST SEVENTY -FIVE PERCENT (75 %) OF THE HOURS IN A MONTHLY PAY PERIOD IN ONE OR ANY COMBINATION OF THE SHIFTS IDENTIFIED BELOW]. (b) Eligible shifts and rates are: (1) Shift begins after 2:00 p.m. and before 6:00 p.m. 2 %. (2) Shift begins on or after 6:00 p.m. and before 3:00 a.m. -4 %. (c) The above rates will be computed against Step A of the pay range of the employee. ]IF DETERMINED TO BE ELIGIBLE, THE EMPLOYEE WILL RECEIVE THE COMPUTED DOLLAR AMOUNT FOR THE WHOLE MONTH. IF INELIGIBLE, NO SHIFT New Text Underlined; (DELETED TEXT BRACKETED) Page 31 of 210 Ordinance No. 2694 -2013 Page 2 of 2 DIFFERENTIAL PAY WILL BE ALLOWED FOR THAT MONTH. IF THE EMPLOYEE IS ELIGIBLE BASED UPON A SCHEDULE OF A COMBINATION OF SHIFTS, HE WILL BE PAID AT THE RATE CORRESPONDING TO THE MAJORITY OF TIME WORKED.] Shift pay is not to be considered in computing annual leave or holiday pay. (d) Eligible employees shall receive shift deferential pay for each eligible shift worked. [IF ALL EMPLOYEES OF THE SAME CLASS IN A GIVEN DEPARTMENT ROTATE AT THE SAME TIME TO A SUBSTANTIALLY DIFFERENT SHIFT BASIS, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY.] (e) Shift pay will be allowed only upon approval of the City Manager when such work schedule is necessary for the benefit of the City. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1,15.070(fl, this ordinance shall take effect July 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 'JZL� PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 New Teas Underlined; DELETED TEXT BRACKETED Page 32 of 210 VIA t �t • Me V To: Rick Koch, City Manager "Villaye with a Past, Git with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 From: Terry Eubank, Finance Director Date: April 24, 2013 Re: Ordinances 2693 -2013, 2694 -2013, and 2695 -2013 Ordinances 2693 -2013, 2694 -2013, and 2695 -2013 are necessary for the City to switch its payroll cycle from monthly to bi- weekly effective July 1, 2013. The proposed switch will simplify the City's payroll processing, eliminate control deficiencies of the current system, and assure compliance with payroll laws and regulations. The switch will also provide a means for employees to receive pay for overtime worked on a more - timely basis. Many sections of the KMC reference paying employees on a monthly basis or using a salary basis to pay employees. These changes will replace monthly basis with bi- weekly and replace salary with hourly basis so as to eliminate confusion with provisions of the Fair Labor Standards Act. Other changes necessary for this switch include converting monthly accrual rates for leave to bi- weekly accrual rates. These changes are accomplished in Ordinance 2693 -2013 with no increase or reduction in employee leave benefits. Ordinance 2394 -2013 will change how eligibility for shift differential pay is determined. Currently 75% or more of the shifts worked in a month by an employee must be a qualifying shift to receive shift differential compensation. The proposed change will pay shift differential for each shift worked. Page 33 of 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 34 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2695 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTERS: ONE (1), AGENCIES, OFFICERS, AND EMPLOYEES; TEN (10), GENERAL AND MISCELLANEOUS PROVISIONS; AND TWENTY THREE (23), PERSONNEL REGULATIONS, TO CLARIFY THAT EMPLOYEES OF THE CITY THAT ARE NOT EXEMPTED FROM THE OVERTIME AND MINIMUM WAGE PROVISIONS OF THE FAIR LABOR STANDARDS ACT ARE PAID ON AN HOURLY BASIS AND NOT A SALARY BASIS. WHEREAS, the City employees two categories of employees within the classified service: employees exempt from the overtime and minimum wage provisions of the Fair Labor Standards Act (FLSA) and those employees that are not exempt; and, WHEREAS, in order to be exempt from the minimum wage and overtime provisions of the FLSA employees must meet certain criteria, including that they are paid on a salary basis; and, WHEREAS, employees that are not exempt from overtime and minimum wage requirements, or that are treated as non - exempt by the City are paid on an hourly basis; and, WHEREAS, KMC 23.10.030 provides a list of employee positions treated as exempt by the City in addition to the City Manager, City Attorney and City Clerk; and, WHEREAS, multiple sections of City's municipal code refer to non -FLSA exempt employees being paid a salary; and, WHEREAS, the sections of the City's municipal code that refer to the payment of salaries to hourly employees should be amended to clarify and reflect actual practices. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 1.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.25.030 Substitute, is hereby amended as follows: New Text Underlined; ]DELETED TEXT BRACKETED] Page 35 of 210 Ordinance No. 2695 -2013 Page 2 of 9 1.25.030 Substitute. (a) In the event of a vacancy of the office of City Clerk, or in the event the City Clerk is not available to perform the duties of the office because of illness or other incapacity, being out of town on official business, being on annual leave, or being unavailable for any other reason, there is hereby appointed to perform all of the duties of the City Clerk during such vacancy, absence, incapacity, or unavailability, a Deputy City Clerk who shall be that employee of the City who shall be designated, and may be from time to time modified, by resolution of the City Council as the person who shall have the duty of Deputy City Clerk. (b) In the event the City Clerk and the holder of the office designated by Council as Deputy City Clerk are simultaneously unavailable for such duties as set forth above, a Temporary Deputy City Clerk is hereby authorized as follows: (1) The appointment of a City employee as Temporary Deputy City Clerk may be made by the Clerk after consultation with the City Manager, but if the Clerk is not available or able to make such appointment, then the appointment will be made by the Mayor after consultation with the City Manager; (2) The employee appointed as Temporary Deputy City Clerk shall serve as such until the return to duty of the City Clerk, the return to duty of the Deputy City Clerk, or until the appointment of some other person to that position by the City Council, which ever first occurs; (3) The appointment of a Temporary Deputy City Clerk shall be made in writing and shall be posted on the City Administration bulletin board with copies to all Council Members, Department Heads, and Chairs of Commissions, and a copy thereof shall be placed in the personnel file of the employee so appointed. (c) When any period of service as City Clerk by a Deputy City Clerk or a Temporary Deputy City Clerk shall be five (5) working days or more in length, the person so serving shall be paid at the same [SALARY] rate as the City Clerk during such period. Section 3. Amendment of Section 10.44.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 10.40.030 Information available to the public, is hereby amended as follows: 10.40.030 Information available to the public. Except as provided by Section 10.40.040, or by other provisions of municipal, State or Federal law, all public records shall be open to inspection by any person subject to regulations regarding the time, place and manner of inspection which may be adopted by the City Council pursuant to Section 10.40.050. Documents are not required to be created in order to comply with an information request, but will be provided from documents /information that already exists. The types of records and information open to public inspection pursuant to this chapter shall include, but shall not be limited to, the following: New Tent Underlined; IDELETED TEXT Page 36 of 210 Ordinance No. 2695 -2013 Page 3 of 9 (a) Financial and operational cost information, including information as to revenues, expenditures, indebtedness, formal departmental recommendations in regard to project priority, and after budget finalization, department budget requests; (b) Information relating to contracts to which the municipality is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by the municipality, and information relating -to the status of goods or services furnished pursuant to contract; (c) Regulatory, financial assessment and tax information concerning real property located within the municipality; (d) [SALARY) Compensation levels and fringe benefits accorded municipal officers and employees by law, including information in regard to the pay range and step grade of an employee or officer and statistical analyses or compilations relating to municipal practices and policies concerning compensation for various occupational groups, departments and divisions; (e) Statistical information and analyses concerning case loads, numbers and categories of persons for whom services were performed or treatment provided, results achieved and per patient and per unit cost; and (f) Feasibility, management, cost effectiveness and similar reports prepared by the municipality with municipal moneys; (g) The foregoing enumeration of information available for public inspection is not designed to limit the categories of records and information that shall be made available to the public pursuant to this chapter. The policy of providing public access to public information shall be broadly and liberally construed. Section 4. Amendment of Section 23.10.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.10.030 Classified service, is hereby amended as follows: 23.10.030 Classified service, The classified service shall include all other positions in the City service. (a) All positions established by the annual budget or [salary) compensation guide adopted by resolution of the City Council. Any new position created at the start or during the budget year and either ratified or affirmed by the City Council. (b) The following supervisory and professional positions of the classified service are considered to be exempt from the provisions of the Pair Labor Standards Act due to the nature of the position: Airport Manager Finance Director Fire Chief New Text Underlined; (DELETED TEXT BRACKETED] Page 37 of 210 Ordinance No. 2695 -2013 Page 4 of 9 Librarian Parks and Recreation Director Police Chief Police Lieutenant Public Works Director Public Works Manager Senior Center Director. Section 5. Amendment of Section 23.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.010 Pay plan- Development, is hereby amended as follows: 23.25.010 Pay plan — Development. The City Manager, in consultation with the Finance Director, shall prepare a pay plan and rules for its administration. The rate and range where each class shall be such as to reflect fairly the differences in duties and responsibilities and shall be related to compensation for comparable positions in other places of public employment. The objective of the pay plan shall be to provide an appropriate [salary] compensation structure to recruit and retain an adequate supply of competent employees. Section 6. Amendment of Section 23.25.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.040 Appointee compensation, is hereby amended as follows: 23.25.040 Appointee compensation. (a) Upon initial appointment to a position, the employee shall receive the minimum [SALARY] compensation for the class to which the position is allocated. (b) However, in the cases when unusual difficulty in filling the vacancy is experienced, or when the appointee is exceptionally qualified, the City Manager may cause the appointment to be made at a [SALARY] compensation level above the minimum, but not more than Level D for the same class. Section 7. Amendment of Section 23.25.060 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.060 Overtime, is hereby amended as follows: New Text Underlined: [DELETED TEXT SRACKETEDI Page 38 of 210 Ordinance No. 2695 -2013 Page 5 of 9 23.25.060 Overtime. (a) Department heads and supervisors shall assign to each employee regular work duties and responsibilities which can normally be accomplished within the established work day and work week. (b) When employees are required to work overtime, department heads shall authorize compensatory time off or overtime pay. Determination to grant overtime pay or compensatory time off shall rest with the department head, City Manager, or acting department heads, who shall give due consideration to desires of the employee, to budgetary controls and to the provisions of subsection (c) of this section. Rates for overtime (in addition to regular compensation based upon (SALARY] compensation schedules) shall be based upon the employee's regular rate of pay as follows. (1) General government employees (excluding sewer treatment plant and temporary employees): Regular Pay Times Regular Work 11/2 Saturday 1 1/2 Sunday 2 Holiday 2 1/2 (2) Temporary employees: Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 11/2 Holiday 1 1/2 (3) General government and temporary employees must be in a paid status for forty (40) hours in the work week before overtime compensation will be paid. (4) Public safety and sewer treatment plant employees: Regular Pay Times Regular Work Day 1 1/2 Saturday 1 1/2 Sunday 2 Holiday Nm Text Underlined; [DELETED TEXT BRACKETED] Page 39 of 210 Ordinance No. 2695 -2013 Page 6 of 9 (5) Public safety and sewer treatment plant employees must be in a paid status for their normal work week, as follows, before overtime compensation will be paid: Police 40 hours Fire 56 hours Communications 40 hours Sewer treatment plant 40 hours However, overtime may be paid as required by the Fair Labor Standards Act, recognizing that an employee's [SALARY] pay rate is compensation for the normal shifts specified in this Title. (c) Compensatory time accumulation shall not exceed the total number of hours equal to one (1) regular shift of the employee. Once this maximum accumulation has been reached, all overtime compensation earned by the employee shall automatically be paid in cash. (d) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The individuals in these positions are expected to work as many hours as the responsibilities of their positions require. As a result, individuals in these positions shall not be paid overtime or allowed to accrue compensatory time. (e) The Finance Department shall ask employees to submit monthly time sheets on a date near enough to the end of the month to allow for processing of pay checks by the last pay day of the month. Overtime appearing on such time sheets shall be paid on the last pay day of the month. Overtime worked between the submission of time sheets and the end of the month shall be entered on the following month's time sheet and paid on the last pay day of that month. Section S. Amendment of Section 23.30.070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.30.070 Personnel records, is hereby amended as follows: 23.30.070 Personnel records. (a) The City Manager shall cause a service or personnel record to be maintained for each employee in the service of the City of Kenai. (b) The personnel record shall show the employee's name, title of position held, the department to which assigned, [SALARY] compensation, change in employment status, training received, and such other information as may be considered pertinent. (c) A personnel action form shall be used as the single document to initiate and update personnel records. New Text Underlined; lDEI.ETED TEXT BRACKETED] Page 40 of 210 Ordinance No. 2695 -2013 Page 7 of 9 (d) Employee personnel records shall be considered confidential and shall be accessible only to the following: (1) The employee concerned; (2) Selected City officials authorized by the City Manager. (e) Department personnel files should not be developed or maintained, except as working records; i.e., accumulating data for evaluation reports. Departmental personnel records are therefore unofficial and have no standing. Section 9. Amendment of Section 23.45.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.45.010 Purpose, is hereby amended as follows: 23.45.010 Purpose. The primary purpose of the employee performance evaluation program is to inform employees how well they are performing and to offer constructive criticism on how they can improve their work performance. Performance evaluation shall also be considered in decisions affecting [SALARY] Day advancement, promotions, demotions, dismissals, order of layoff, order of re- employment, placement, and training needs. Section 10. Amendment of Section 23.45.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.45.040 Review of performance reports, is hereby amended as follows: 23.45.040 Review of performance reports. The rating officer shall discuss the performance evaluation report with the employee before the report is made part of the employee's permanent record. If the rating officer plans to recommend the denial of an in- grade [SALARY] pav increment or recommend an extraordinary increment, the report must be discussed with the reviewing officer and the City Manager prior to review with the employee. Section 11. Amendment of Sect Kenai Municipal Code, Section amended as follows: 23.45.050 Unsatisfactory evaluation. That Employees who receive an overall rating of "unsatisfactory" on their annual evaluation shall not be eligible to receive an in -grade (SALARY] pay increment. Employees who receive two consecutive overall ratings of "unsatisfactory" shall be subject to dismissal, Section 12. Amendment of Section 23.55.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.55.020 Salary structure by grade, is hereby amended as follows: Nm Text Underlined; [DELETED TEXT BRACKETED] Page 41 of 210 Ordinance No. 2695 -2013 Page 8 of 9 23.65.020 [SALAIM Compensation sttaeture by grade. (a) [SALARY] Compensation structure by grade is hereby established in accordance with the table that is appended to this title and which may be amended, modified, or replaced by ordinance, in which case a copy of the amended, modified, or replacement table shall be substituted for the prior table and placed in the code at the end of this title. (b) On completion of the probationary period, each employee shall be advanced one (1) step. At succeeding anniversary dates, subject to evaluation, employee may be advanced a step increment. The time period normally between steps B to C to D to E to F is one (1) year. The time normally between Steps F to AA to BB to CC is two (2) years. Section 13. Amendment of Section 23.55.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.55.050 Hourly rates -Part time employees, is hereby amended as follows: 23.55.050 Hourly rates[ —PART -TIME EMPLOYEES]. (a) Hourly rates for [PART -TIME] employees not exempted from minimum wage and overtime provisions of the Fair Labor Standards Act (with various experience, skills, and responsibilities) are hereby established in accordance with the table that is appended to this title and which may be amended, modified, or replaced by ordinance, in which case a copy of the amended, modified, or replacement table shall be substituted for the prior table and placed in the Code at the end of this title. [HOURLY RATES FOR PART -TIME EMPLOYEES WILL BE COMPUTED ON A PRO RATA BASIS BASED ON A TWO THOUSAND EIGHTY (2,080) WORK YEAR ACCORDING TO RANGE AND STEP. FOR EXAMPLE, THE HOURLY RATE OF A PART -TIME EMPLOYEE WITH ARANGE /STEP OF 1.1 -A WOULD BE: $14,665 -.2,080 = $7.05.] (b) On completion of the probationary period, each employee shall be advanced one (1) step. At appropriate biennial or quadrennial anniversary dates thereafter, subject to receiving a satisfactory evaluation, the employee may be advanced a step increment. The time period normally between steps B to C to D to E to F is two (2) years. The time period normally between steps F to AA to BB to CC is four (4) years. Current part-time employees who have completed their probation prior to the effective date of the ordinance codified in this section shall be given a step increase from A to B. Thereafter, they shall receive a step increase at the appropriate biennial or quadrennial year anniversary date, subject to receiving a satisfactory evaluation. Section 14. Amendment of Section 23.55.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.55.080 Longevity pay, is hereby amended as follows: New Text Underlined; IDELEUD TEXT Page 42 of 210 Ordinance No. 2695 -2013 Page 9 of 9 23.55.080 Longevity pay, All regular employees who have received a rating of satisfactory or better in their last performance evaluation and who have been at Step CC for a period of at least two (2) years as of July 31st shall be paid a longevity bonus of two percent (2 %) of his or her annual [SALARY] nay rate (i.e., excluding overtime). The longevity pay shall be paid just once a year on the August payroll, except that the longevity bonus in 2008 shall be paid after the effective date of the ordinance codified in this section but prior to the end of the calendar year 2008. Notwithstanding the above, any employee who has received a range increase or a noncost of living pay increase within their current pay range within the twelve (12) months prior to July 31st is not eligible for a longevity pay bonus. Section 15. Severability: That 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 16. Effective Date: That pursuant to KMC 1. 15.070(f), this ordinance shall take effect July 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 7. PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 New Text Underlined DELETED TEXT HRACKETEDI Page 43 of 210 "Villaye 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 (� V N\ To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: April 24, 2013 Re: Ordinances 2693 - 2013,2694 -2013, and 2695 -2013 Ordinances 2693 -2013, 2694 -2013, and 2695 -2013 are necessary for the City to switch its payroll cycle from monthly to bi- weekly effective July 1, 2013. The proposed switch will simplify the City's payroll processing, eliminate control deficiencies of the current system, and assure compliance with payroll laws and regulations. The switch will also provide a means for employees to receive pay for overtime worked on a more - timely basis. Many sections of the KMC reference paying employees on a monthly basis or using a salary basis to pay employees. These changes will replace monthly basis with bi- weekly and replace salary with hourly basis so as to eliminate confusion with provisions of the Fair Labor Standards Act. Other changes necessary for this switch include converting monthly accrual rates for leave to bi- weekly accrual rates. These changes are accomplished in Ordinance 2693 -2013 with no increase or reduction in employee leave benefits. Ordinance 2394 -2013 will change how eligibility for shift differential pay is determined. Currently 75% or more of the shifts worked in a month by an employee must be a qualifying shift to receive shift differential compensation. The proposed change will pay shift differential for each shift worked. Page 44 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2696 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 23.25.060, OVERTIME, AND 23.30.050, BUSINESS HOURS AND HOURS OF WORK, TO ACCOMMODATE A NEW WORK SCHEDULE FOR EMPLOYEES PERFORMING FIRE PROTECTION ACTIVITIES AND MINIMIZING THE FINANCIAL IMPACT OF THE CHANGE TO THE CITY BY REDUCING THE OVERTIME RATE FOR FIRE PROTECTION EMPLOYEES. WHEREAS, fire department personnel have requested a change in their work schedule from working seventy-two (72) hours in a nine (9) day cycle (twenty-four (24) on, twenty-four (24) off, for six (6) days then seventy-two (72) off) to working forty-eight (48) hours in a six (6) day cycle (forty-eight (48) on, ninety-six (96) off); and, WHEREAS, KMC 23.30.050 currently defines the middle day off as a "Sunday" for fire protection personnel; and, WHEREAS, the proposed work schedule will result in sixty five percent (65 %) more "Sunday" hours, which under the current version of KMC 23.25.060 implicate an overtime rate of two (2) times the employees regular rate of pay; and, WHEREAS, the Administration and over 93% of current fire department personnel support amending the overtime rate in KMC 23.50.060 for fire protection employees for "Sundays" from two (2) times the regular rate of pay to one and one half (1 1/2) the regular rate of pay to offset the increased cost to the City of accommodating the proposed work schedule; and, WHEREAS, this proposed work schedule is an allowable schedule for those employees performing fire protection activities under the federal Fair Labor Standards Act; and, WHEREAS, KMC 23.30.050(b)(2) only allows for the current schedule and must be amended to accommodate the employee requested schedule; and, WHEREAS, KMC 23.20.050(b)(2) should be amended to allow for flexibility of schedules that best meets the City's needs now and in the future; and, WHEREAS, a reduction in fire department overtime is anticipated with the adoption of this new work schedule along with the reduction in the overtime rate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Neu, Text Underlined; [DELETED TEXT BRACKETED] Page 45 of 210 Ordinance No. 2696 -2013 Page 2 of 5 Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 23.35.060 of the Kenai Municipal Code: That the Kenai Municipal Code, Section 23.25.060, Overtime, is hereby amended as follows: 23.25.060 Overtime. (a) Department Heads and supervisors shall assign to each employee regular work duties and responsibilities which can normally be accomplished within the established work day and work week. (b) When employees are required to work overtime, Department Heads shall authorize compensatory time off or overtime pay. Determination to grant overtime pay or compensatory time off shall rest with the Department Head, City Manager, or acting Department Heads, who shall give due consideration to desires of the employee, to budgetary controls, and to the provisions of subsection (c) of this section. The City shall compensate employees for overtime work based upon the employee's regular rate of pay as follows: (1) General government employees (excluding sewer treatment plant and temporary employees): Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 2 Holiday 2 1/2 (2) Temporary Employees: Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 11/2 Holiday l 1/2 (3) General government and temporary employees must be in a paid status for forty (40) hours in the work week before overtime compensation will be paid, (4) [PUBLIC SAFETY] Police, Communications, and Sewer Treatment Plant Employees: Regular Pay Times Regular Work Day 1 1/2 Saturday [see KMC 23.30.050 (b) and (c)] 11/2 Sunday [see KMC 23.30.050 (b) and (c)] 2 Holiday [see KMC 23.40.020 (c) for treatment] New Text Underlined; DELETED TEXT BRACKETED] Page 46 of 210 Ordinance No. 2696 -2013 Page 3 of 5 u Employees Engaged in Fire Protection Activities: Reevlar Pav Times Regular Work 11/2 Saturday 1 1/2 Sunday 11/2 Hohdav ([S& [PUBLIC SAFETY] Police, communications employees engaged in fine protection activities, and sewer treatment plant employees must be in a paid status for their normal work week, as follows, before overtime compensation will be paid: Police 40 hours [FIRE] Employees Engaged in Fire Protection Activities 156 HOURS] As required by the Fair Labor Standards Act Communications 40 hours Sewer Treatment Plant 40 hours However, overtime may be paid as required by the Fair Labor Standards Act, recognizing that an employee's salary is compensation for the normal shifts specified in this Title. (c) Compensatory time accumulation shall not exceed the total number of hours equal to one regular shift of the employee. Once this maximum accumulation has been reached, all overtime compensation earned by the employee shall automatically be paid in cash. (d) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The individuals in these positions are expected to work as many hours as the responsibilities of their positions require. As a result, individuals in these positions shall not be paid overtime or allowed to accrue compensatory time. (e) The Finance Department shall ask employees to submit monthly time sheets on a date near enough to the end of the month to allow for processing of pay checks by the last pay day of the month. Overtime appearing on such time sheets shall be paid on the last pay day of the month. Overtime worked between the submission of time sheets and the end of the month shall be entered on the following month's time sheet and paid on the last pay day of that month. Section 3. Amendment of Section 23.30.050 of the Kenai Municipal Code: That the Kenai Municipal Code, Section 23.30.050, business hours and hours of work, is hereby amended as follows: New Text Underlined, [DELETED TEXT BRACKETED) Page 47 of 210 Ordinance No. 2696 -2013 Page 4 of 5 23.30.050 Business hours and hours of work. (a) The hours during which City offices and departments shall normally be open for business shall be 8:00 a.m. to 5:00 p.m. Public Works departments, 8:00 a.m. to 4:30 p.m., except Saturdays and Sundays, holidays, and further excepting Police and Fire which shall be open for business twenty-four (24) hours a day. The Library, Recreation Center, Senior Center, and Animal Control operations shall be open for business as authorized by the City Manager. (b) Public Safety employees, not including administrators, normal work week is: (1) Police and Communications, four (4) shifts of ten (10) hours per week, two thousand eighty (2,080) hours annually. When working this shift, first and third days off shall be treated as Saturdays and the middle day off (the second day) shall be treated as a Sunday for purposes of paying overtime; (2) (FIRE -24 HOURS ON, TWENTY -FOUR (24) HOURS OFF, FOR SIX (6) DAY CYCLE, THEN THREE (3) DAYS OFF - EQUIVALENT OF FIFTY -SIX (56) HOURS PER WEEK, TWO THOUSAND NINE HUNDRED TWELVE (2,912) HOURS ANNUALLY.] Manager. [WHEN WORKING THIS SHIFT, FIRST AND THIRD DAYS OF THE THREE (3) DAY -OFF PERIOD SHALL BE TREATED AS SATURDAYS, AND THE MIDDLE DAY OFF SHALL BE TREATED AS SUNDAY FOR PURPOSES OF PAYING OVERTIME.] (c) Sewer Treatment Plant employees work a forty (40) hour week on a shift basis that allows at least one (1) employee to be at the plant on a given day. When scheduled days off are two (2) consecutive calendar days, the first day off shall be treated as a Saturday and the second day off shall be treated as a Sunday for purposes of paying overtime. (d) All other employees' normal work week is forty (40) hours, two thousand eighty (2,080) hours annually. Standard work day is midnight to midnight succeeding. Standard work week is midnight Sunday to midnight Sunday succeeding. Operating hours may be adjusted on timely notice. (e) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The individuals in these positions are expected to work as many hours as the responsibilities of their positions require. These individuals are expected, however, to substantially conform to the normal work week as described in subparagraph (d) above. Section 4. Severability: That 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 New Text Underlined; [DELETED TEXT BRACEETED1 Page 48 of 210 Ordinance No. 2696 -2013 Page 5 of 5 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 S. Effective Date: That pursuant to KMC 1.15.070(f) this ordinance shall take effect July 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: —44 ✓� PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 New Tent Underlined; ]DELETED TEXT BRACKETED] Page 49 of 210 "viliaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 til Telephone: 907. 283 -7535 / FAX: 907- 283 -3014 I 1997 MEMO: TO: City Manager Koch VVV FROM: Chief Tilly i- DATE: April 25, 2013 SUBJECT: Ordinance No. 2696 -2013 This memo is written in support of Ordinance No. 2696 -2013. The altering of work schedules for the Fire Department was suggested to the Administration of the Fire Department by its members. Appropriate researches into the schedule change and the effects on the operation of the department have been considered. The alteration to the City Code that addresses double time days has been explained to the Fire Department employees and they have overwhelmingly agreed to the change so as to accommodate the implementation of this new schedule. It is agreed that the proposed changes in the City Code will allow for flexibility in the future for any subtle modification that may be needed to meet the demands of the City and will remain compliant with the FLSA standard. Page 50 of 210 INTEROFFICE MEMORANDUM KENAI FIRE DEPARTMENT Date: 3/13/2013 To: All Personnel Cc: Chief Tilly From: BC Prior Subject: 48/96 support Over the last few months we have been in discussions with City Administration, Line Personnel, and the City Attorney to change our municipal code to reflect a change from our current work schedule, to a 48/96 schedule. In an effort to possibly reduce overtime due to leave, and shift coverage, we have proposed the schedule above. However; one of the problems identified, was the fact that with the way the current Municipal Code is written, we would have an increase (50 %) in double time days. One of the recommendations to Line Personnel and City Administration was to eliminate the verbiage as it is written in Municipal Code towards double (2) time, for fire protection employees working on shift. This change would eliminate double (2) time and only have time and one half (1 %2) as it relates to overtime. Both KMC 23.30.050 and 23.25.060 will be changed to reflect hours of work and Overtime hours. In our discussions with shifts about the possible elimination of double (2) time in order to make the 48/96 schedule work, you have supported that recommendation. In our last discussions with the City Manager and Finance Director, all personnel were given a draft Ordinance reflecting the changes noted above. By signing below you are verifying your support for the elimination of double (2) time as it relates to overtime for fire protection employees working a 48/96 schedule. PA�R// INTEDNAJME SIGNATURE 1. 2. �astldnn A , °ker 3. 4.�Y 5. ! �iD/j1115 r,1,C✓6 6. 7. Page 51 of 210 PRINTED NAME 8. ,Zs�t -g 9. 10. 12. 5 r+J/ i 13. rLl 14. 114X�(GrA 2 15. INTEROFFICE MEMO SIGNATURE Page 52 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2697 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 23.25.070, ACTING POSITIONS, TO PROVIDE FOR CONSISTENT APPLICATION TO EMPLOYEES WITH DIFFERENT WORK SCHEDULES. WHEREAS, acting pay is currently available to employees temporarily assigned to and performing duties of a position with a higher pay range for a period of five consecutive days or more; and, WHEREAS, current fulltime City employees' work schedules include five (5) eight (8) hour work days per week, four (4) ten (10) hour work days per week, and employees in fire protection activities work seventy -two (72) hours in a nine (9) day cycle; and, WHEREAS, KMC 23.25.070 currently benefits employees working five eight hour shifts more than employees working other shift schedules; and, WHEREAS, in order to treat all positions as equitably as possible for temporary assignment to a position with higher pay, the duration of the assignment to qualify for acting pay should be measured in work hours as opposed to number of consecutive days; and, WHEREAS, measuring work periods in hours as opposed to days is consistent with other City practices and the Federal Fair Labor Standards Act, and, WHEREAS, for payment purposes the City equates employees in fire protection activities working fifty -six (56) hours to other employees working forty (40) hours; and, WHEREAS, equal application of KMC 23.25.070 is in the best interest of the City and its employees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 23.25 070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.25.070, Acting positions, is herebv amended as follows: New Text Underlined: IDELETED TEXT BRACKETED Page 53 of 210 Ordinance No. 2697 -2013 Page 2 of 2 23.25470 Acting positions. Compensation During Temporary Assignment. An employee who is temporarily assigned to and performs duties of a position with a higher pay range for a period of [FIVE (5) CONSECUTIVE DAYS OR MORE) forty (40) or more consecutive regular work shall be paid at the first step of the higher pay range, or, the employee shall be granted a one (1) step pay increase, whichever is higher, for the period worked in the temporary assignment. An employee who is temporarily assigned to a position with a lower pay range, for any period, shall not receive a reduction in pay. No such temporary assignment shall exceed six (6) months. Such acting appointments shall be in writing and the employee must perform the duties of the position. Section 3. Severabiiity: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect July 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: July 1, 2013 New Text Underlined; [DELETED TEXT BRACKETED] Page 54 of 210 To: 4.1. From V Rick Koch, City Manager "Villaye with a Past, C# with a Future" �t'&IJ4 �.�a�_vir•r�.�l 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 Terry Eubank, Finance Director Date: April 25, 2013 Re: Ordinance 2697 -2013 The purpose of this memo is to provide support for adoption of Ordinance 2697 -2013. Ordinance 2697 -2013 will effect changes to KMC 23.25.070 providing for consistent application to employees no matter their work shift. Currently KMC 23.25.070 requires an employee to work in the higher capacity for five consecutive days. With City employees working a variety of shifts, (5) five (8) eight hour days per week, (4) four (10) ten hour days per week, or (72) seventy -two hours in a (9) nine day period, (5) five consecutive days means something different for each shift and creates inconsistency in the application of 23.25.070. Ordinance 2697 -2013 seeks to treat every shift consistently by linking eligibility for Acting Position status to a number of hours worked, (40) forty hours for all employees not engaged in fire protection activities and (56) fifty -six hours for those that are engaged in fire protection activities. Page 55 of 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 56 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2698 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $83,721 FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, an employee's absence and subsequent return to work with working restrictions has resulted in additional department overtime and the extension of employment of a temporary employee in excess of previously budgeted amounts by $25,288; and, WHEREAS, the upcoming conversion of the City's payroll system to paying bi- weekly compared to the current monthly payment schedule will require professional assistance from the software provider at an estimated cost of $7,500; and, WHEREAS, the City's decision to not move forward with Siemens Technology as the City's contractor with the Alaska Housing loan program requires payment for preliminary engineering services in the amount of $15,535 that was not previously budgeted; and, WHEREAS, employee attrition and larger than expected annual leave cash outs have depleted leave accounts in various departments requiring additional funds in the amount of $14,000 to complete the fiscal year; and, WHEREAS, at the time of adoption, the FY13 Budget assumed 17% of the City Planners time would be spent assisting in the management of Airport Lands and due to other work demands this transition has not occurred and these wages are more properly reported in the General Fund's Planning Department. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a non -code ordinance. Section 2. That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance State of Alaska - PERS On- behalf Funding New Tent Underlined; [DELETED TEXT BRACKETED] Page 57 of 210 $80,927 2.794 $Ul Ordinance No. 2698 -2013 Page 2 of 2 Increase Appropriations: Legal- Leave $ 8,500 Finance - Professional Services 7,500 Shop - Regular Wages 13,000 Shop - Overtime 7,500 Shop - Social Security 800 Shop - Medicare 300 Shop - PERS 1,650 Shop - Workers Compensation Insurance 1,000 Buildings - Professional Services 15,535 Land - Regular Wages 12,687 Land - Leave 634 Land - Medicare 193 Land - PERS 2,791 Land - Workers Compensation 51 Land - Unemployment 67 Land - Health 2,712 Land - Supplemental Retirement 507 Buildings - Leave 5,500 Non - Departmental - PERS 2.794 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: May 15, 2013 New Text Underlined; (DELETED TEXT BRACKETED] Page 58 of 210 71 To: V Rick Koch, City Manager °V'ilaye 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 From: Terry Eubank, Finance Director Date: April 24, 2013 Re: Supplemental appropriations for Finance Department Professional Services. The Finance Department is in the process of converting the City's payroll accounting system to issues paychecks to employees on a bi- weekly basis as opposed to the current monthly basis. This conversion will eliminate many problem areas and control deficiencies of the current system but will require consulting assistance from the City's software provider in the amount of $7,500. This is a onetime cost and the converted system will be online and processing checks by July 1, 2013. Page 59 of 210 i the city To: Rick Koch, City Manager "'Viliaye 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 From: Terry Eubank, Finance Director Date: April 24, 2013 Re: Siemens Technology Inc. as the City's contractor for the Alaska Housing Energy Assistance Program The determination that continuing with Siemens Technology Inc, as the City's contractor for the Alaska Housing Finance Corporations Energy Assistance Loan Program is not in the best interest of the City requires the City to compensate Siemens for the work performed to date at a total cost of $23,899 the will be divided amongst the funds who received benefit from this work. $15,534, $1,195, $2,390, and $4,780 will be paid by the General Fund, Congregate Housing Fund, Airport Fund, and Water & Sewer Fund respectively. The administration continues to explore other options of accessing these loan funds and implementing the energy saving measures identified by Siemens during their work. Page 60 of 210 "lV llaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO* TO: Terry Eubank, Finance Director FROM: Christine Cunningham, Assistant to City Manager i�/ THROUGH: Rick Koch, City Manager DATE: January 31, 2013 SUBJECT: City of Kenai Annual Budget July 1, 2012 — June 30, 2013 Kenai ukwloun I �II't 2011 The City of Kenai Annual Budget July 1, 2012 — June 30, 2013 included allocation for personnel staffing as it relates to City -owned land as follows: Airport Fund (Other Buildings and Areas): Assistant to the City Manager Range 12 .33 Full Time Equivalent City Planner Range 16 .17 Full Time Equivalent Land Documentation Specialist Range 3 .25 Full Time Equivalent General Fund (Planning & Zoning Department): Land Documentation Specialist Range 3 .25 Full Time Equivalent General Fund (Land): Land Documentation Specialist Range 3 .50 Full Time Equivalent Prior to July 1, 2012, the Assistant to the City Manager was responsible for the administration of airport Lands under the direction of the City Manager, and one -half of the position was charged to the Other Buildings and Areas budget to reflect the duties of the position as an Assistant to the City Manager as well as supporting the administration of Airport Lands. As part of the FYI budget process, the Assistant to the City Manager position was re- classified to include Human Resource duties, and a transition plan was put in place to transfer Airport leases to the Planning & Zoning Department with a long -term plan to transfer all files pertaining to City -owned lands to the Planning Department. The above Page 61 of 210 Page 2 of 2 January 31, 2012 City of Kenai Annual Budget July 1, 2012 — June 30, 2013 allocation represents the short-term plan to transfer the administration of Airport Lands to the Planning & Zoning Department. Additionally, the Assistant to City Manager position was reclassified to Human Resource Specialist, and human resource duties were transferred to the position. Due to the demands placed on the Planning & Zoning Department during the Comprehensive Plan process, the transfer of Airport land related duties did not occur, and the Assistant to City Manager /Human Resource Specialist continued to be responsible for the administration of Airport lands. The position listed as "Land Documentation Specialist' was recruited as a "Temporary Lands Assistant' working under the direction of the Assistant to City Manager /Human Resource Specialist for a period of four months to correctly identify, scan, and record the deeds and patents for City -owned lands, including Airport lands. Based on the above changes that have occurred since the approval of the FY13 Budget, the allocation for personnel staffing as it relates to City -owned land should be amended as follows: Airport Fund (Other Buildings and Areas). Assistant to the City Manager/ Human Resource Specialist Temp. Lands Assistant Range 15 33 Full Time Equivalent Range 9 .50 Full Time Equivalent General Fund (Planning & Zoning Department) City Planner Range 16 General Fund (Land). Temp. Lands Assistant Range 9 Please let me know if you need any additional information. cc: Mary Bondurant, Airport Manager Marilyn Kebschull, City Planner Page 62 of 210 1.00 Full Time Equivalent .50 Full Time Equivalent / "Villaye with a Past, Ci� with a Future // 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 i Telephone: (907) 283 -7535, Ext. 236 /FAX: (907) 283 -3014 t'IIII 99] KE the ALA KA MEMORANDUM KENA� SKA TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director 5M(N DATE: April 24, 2013 SUBJECT: Ordinance 2698 -2013 Increasing General Fund Estimated Revenues and Appropriations by $62,323 for Costs in Excess of Budgeted Amounts Rick, Ordinance 2698 -2013 increases the General Fund Estimated Revenues and Appropriations by $62,323. The Temporary Mechanic approved by Ordinance 2673 -2013, along with overtime performed by the Shop Foreman, Mechanic and Temporary Mechanic, allowed the shop to keep up with the day to day repair of equipment breakdowns. With the return of the permanent Mechanic on light duty, we have begun to tackle the backlog of equipment that is overdue for scheduled service and preventative maintenance. It is in the best interest of the City to continue to fund the Temporary Mechanic until our permanent Mechanic is able to return to full duty. Please see a memo(s) from Terry Eubank explaining the remaining increases to other accounts. THIS PAGE IS INTENTIONALLY LEFT BLANK Page 64 of 210 Suggested by: Administration CITY OF KENAI NO. 2699 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING AIRPORT FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $29,486 FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, weather patterns this past winter required twenty thousand, five hundred ninety -six dollars ($20,596) in overtime by City personnel in excess of budgeted amounts; and, WHEREAS, adequate snow removal is critical to safe operations at the Kenai Airport; and, WHEREAS, the City's decision to not move forward with Siemens Technology as the City's contractor with the Alaska Housing loan program requires payment for preliminary engineering services in the amount of two thousand, three hundred ninety dollars ($2,390) allocated to the airport fund that were not previously budgeted; and, WHEREAS, employee attrition and larger than expected annual leave cash outs have depleted the leave account in the Airfield Departments requiring additional funds to complete the fiscal year in the amount of six thousand, five hundred dollars ($6,500.) WHEREAS, these supplemental funds are needed for the remainder of the fiscal year to continue airport operations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a non -code ordinance. Section 2. That estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $27,410 State of Alaska - PERS On- behalf Funding 2.076 $�4 Increase Appropriations: Airport Airfield Overtime $15,000 Leave 6,500 Social Security 220 PERS 5,376 27,096 New Text Underlined; DELETED TEXT BRACKETED] Page 65 of 210 Ordinance No. 2699 -2013 Page 2 of 2 Airport Terminal Professional Services 2.390 $29 4$S2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 7 PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: May 15, 2013 New Text Underlined; [DELETED TEXT BRACKETED] Page 66 of 210 enai iniclpal Airport Memo f To: From: Date: "Ser%o6r*dx&Q1matWKmaZ, Pen"" 3%KVWL0Wsr�2W �,�„�„ r WYM3,,M FAX W7,233,= Rick R. Koch - City Manager Terry Eubank — Finance Directe Mary Bondurant — Airport Mans\ April 17, 2013 Subject: FYI3SupplementalAppropriationof Funds - Airfield Overtime Due to a long winter season with numerous snow storms, many of which fell on weekends and holidays, the airfield overtime budget is exhausted and over spent. This necessitates a transfer of funds from the Fund balance to cover the overtime wage shortage and support the continued operations for the remainder of FY 13. If you have any questions, please contact me. w .ci.kenai.ak.us. Page 67 of 210 _ "VYlaye with a Past, C# with a Future" _- FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 the citvW Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 V To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: Apri124, 2013 Re: Siemens Technology Inc. as the City's contractor for the Alaska Housing Energy Assistance Program The determination that continuing with Siemens Technology Inc. as the City's contractor for the Alaska Housing Finance Corporations Energy Assistance Loan Program is not in the best interest of the City requires the City to compensate Siemens for the work performed to date at a total cost of $23,899 the will be divided amongst the funds who received benefit from this work. $15,534, $1,195, $2,390, and $4,780 will be paid by the General Fund, Congregate Housing Fund, Airport Fund, and Water & Sewer Fund respectively. The administration continues to explore other options of accessing these loan funds and implementing the energy saving measures identified by Siemens during their work. Page 68 of 210 Suggested by: Administration CITY OF KENAI NO. 2700 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING WATER & SEWER FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $21,255 FOR COSTS IN EXCESS OF BUDGETED AMOUNTS, WHEREAS, Staff overtime in connection with start-up and operations of the City's new Water Treatment Facility have exceeded previously budgeted amounts; and, WHEREAS, the City's decision to not move forward with Siemens Technology as the City's contractor with the Alaska Housing loan program requires payment for preliminary engineering services in the amount of two thousand three hundred ninety dollars ($2,390) allocated to the Water and Sewer Fund that were not previously budgeted; and, WHEREAS, these supplemental funds are needed for the remainder of the fiscal year to continue Water and Sewer Fund operations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a non -code ordinance. Section 2. That estimated revenues and appropriations be increased as follows: Water &. Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance $19,595 State of Alaska - PERS On- behalf Funding $1.660 $ 25 Increase Appropriations: Water Department: Overtime $12,000 Medicare $175 PERS $4,300 $16,475 Wastewater Treatment Plant - Professional Services $4,780 $21a5_5 New Text Undedined; [DELETED TEXT BRACKETED] Page 69 of 210 Ordinance No. 2700 -2013 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: 7- Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: May 15, 2013 New Text Underlined; [DELETED Page 70 of 210 Me cityW //VIllaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 kyllftl Telephone: (907) 283 -7535, Ext. 2361 FAX: (907) 283 -3014 tlll� 1992 MEMORANDUM TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director C�1'411,t DATE: April 24, 2013 SUBJECT: Ordinance 2700 -2013 Increasing Water & Sewer Fund Estimated Revenues and Appropriations by $21,255 for Costs in Excess of Budgeted Amounts Rick, Ordinance 2700 -2013 increases the Water & Sewer Fund Estimated Revenues and Appropriations by $21,255. $16,475 of this amount is for overtime wages and related benefits for the Water and Sewer Department employees. Bill, Bryan, and Terry have responded on numerous occasions after hours, sometimes in the middle of the night, to emergencies at the new Water Treatment Facility. In addition to the emergency call outs, the new Facility requires our operators to work longer shifts on the weekends, which are overtime hours. Please see a memo from Terry Eubank explaining the remaining $4,780 for professional services. t{re ciiyW V To: Rick Koch, City Manager '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 From: Terry Eubank, Finance Director Date: April 24, 2013 Re: Siemens Technology Inc. as the City's contractor for the Alaska Housing Energy Assistance Program The determination that continuing with Siemens Technology Inc. as the City's contractor for the Alaska Housing Finance Corporations Energy Assistance Loan Program is not in the best interest of the City requires the City to compensate Siemens for the work performed to date at a total cost of $23,899 the will be divided amongst the funds who received benefit from this work. $15,534, $1,195, $2,390, and $4,780 will be paid by the General Fund, Congregate Housing Fund, Airport Fund, and Water & Sewer Fund respectively. The administration continues to explore other options of accessing these loan funds and implementing the energy saving measures identified by Siemens during their work. Page 72 of 210 Suggested by: Council Member Gabriel CITY OF KENAI ORDINANCE NO. 2701 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 1.15.130, TELEPHONIC PARTICIPATION, TO REMOVE THE REQUIREMENT THAT A REQUEST FOR TELEPHONIC PARTICIPATION BY A COUNCIL MEMBER FOR A COUNCIL MEETING BE MADE IN WRITING AND REDUCING THE REQUIREMENT OF ADVANCE NOTICE TO AT LEAST THREE HOURS PRIOR TO THE START OF THE MEETING. WHEREAS, Kenai Municipal Code 1. 15.130 provides the procedures and requirements for Council Member telephonic participation in meetings of the Council; and, WHEREAS, Kenai Municipal Code 1.15.130(c) currently requires that a Council Member's request for telephonic participation be made in writing and "if reasonably practicable, at least seven (7) days prior to a council meeting, but not less than forty eight hours in advance... "; and, WHEREAS, notifying the Clerk's Office in any clear manner, including by telephone, of a request to participate telephonically in a council meeting is reasonably sufficient for such purposes, and the Clerk's Office can keep the necessary written or electronic records for telephonic participation needs; and, WHEREAS, while Council Members should provide as much notice as possible regarding the need tc participate in a council meeting telephonically, providing at least three hours notice prior to a meeting allows the clerk sufficient time to provide notice to other Council Members and to provide any needed electronic documentation to the Council Member(s) that will be attending telephonically; and WHEREAS, reducing requirements for Council Member telephonic participation in council meetings as provided in this ordinance will allow for more Council Member participation without negatively impacting the process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 1. 15.130 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1. 15.130 Telephonic participation, is hereby amended as follows: New Text Underlined; (DELETED TEXT BRACKETED] Page 73 of 210 Ordinance No. 2701 -2013 Page 2 of 4 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via telephone, the vice -mayor or president pro tempore shall preside. (b) No more than the first two (2) members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting. (c) The member shall notify the Clerk's Office as soon as reasonably practical [ AND THE PRESIDING OFFICER, IF REASONABLY PRACTICABLE, AT LEAST SEVEN (7) DAYS PRIOR TO A COUNCIL MEETING,)but not less than three hours prior to the start of the council meeting (FORTY -EIGHT (48) HOURS IN ADVANCE OF A MEETING )that the member proposes to attend by telephone. Such notification shall [BE PROVIDED IN WRITING (FACSIMILE AND /OR ELECTRONIC TRANSMISSION INCLUDED),) state whether such telephonic participation is pursuant to subsection (n) or (o), and shall provide the physical address of the location, the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification [IN WRITING AND] within the period of time provided herein shall result in the member's exclusion from attendance of a council meeting through telephonic participation. [UPON WRITTEN NOTIFICATION OF THE MEMBER(S) WISHING TO PARTICIPATE TELEPHONICALLY (WITHIN THE ALLOTTED TIMEFRAME), T) The Clerk shall notify all council members of the request. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by telephone at the member's expense. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. U) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. New Text Underlined; [DELETED TEXT BRACKETED) Page 74 of 210 Ordinance No. 2701 -2013 Page 3 of 4 (1) Remarks by members participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two (2) way voice communication. "Mayor" includes the vice -mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of two (2) meetings by teleconference during the twelve (12) month period starting November 1st of each year. (o) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or member's immediate family. (p) In this section, "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (cil Council members are responsible for any telephone long distance and /or back- up material transportation charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not considered to be on City business merely by attendance at a Council meeting via telephone. Telephone long distance and /or back -up material shipping charges may be deducted from the member's monthly stipend. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such Part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. Kew Text Underlined; [DELETED TEXT BRACKETED) Page 75 of 210 Ordinance No. 2701 -2013 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: June 15, 2013 New Text Underlined; DELETED TEXT BRACKETED Page 76 of 210 u "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Council Member Brian Gabriel DATE: April 25, 2013 SUBJECT: Telephonic Participation Ordinance No. 2701 -2013 Ordinance 2701 -2013 is intended to reduce current notification requirements and increase participation levels of the Mayor and Council Members while traveling. Currently, municipal code 1.15.130(c) requires that the Mayor or Council Members request for telephonic participation be made in writing and "if reasonably practicable, at least seven days prior to a council meeting, but not less than 48 hours in advance." This requirement is burdensome and does not allow for flexibility or account for unforeseen circumstances. The City Clerk's office has indicated that three hours advance notice allows ample time to notify the Mayor and other Council Members through email as well as prepare the Council Chambers for telephonic participation. With the exception of medical reasons, the current code allows for two meetings in a 12 month period that may be participated in telephonically. This ordinance does not increase the number of instances that a member would be allowed to participate telephonically. Your consideration is appreciated. Y: \Ordinances & Resolutions \Ordinances \Ordinance No. 2701 -2013 Memo 042513 Gabriel.docx Page 77 of 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 78 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2702 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE (KMC) SECTIONS 14.20.200, ACCESSORY STRUCTURES, AND 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, TO AMEND SETBACK REQUIREMENTS AND MERGING KMC SECTION 14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY. WHEREAS, the Development Requirement Table in KMC 14.24.020, General requirements, requires twenty -five foot (251 front setbacks for all zoning districts except RU /TSH; and, WHEREAS, changing the front setback requirements from twenty -five feet (251 to twenty -feet (20) front setbacks will provide for greater utilization of property while continuing to protect the integrity of zoning districts to provide adequate light, air, and privacy while protecting the City's interest in health and safety and aesthetics; and, WHEREAS, changing the front setback requirements to twenty -feet (201 will also provide for consistency in setback requirements between the City, Kenai Peninsula Borough and the City of Soldotna; and, WHEREAS, KMC 14.20.200, Accessory structures, allows for certain accessory structures to be within ten -feet (10) of the front lot line; and, WHEREAS, accessory structures should be kept back at least twenty -feet (201 from the front property line to maintain health and safety and aesthetic interests of the City, especially when site distance on comer lots is an issue; and, WHEREAS, KMC 14.20.200, Accessory structures, also allows for certain accessory structures to be within three -feet (3) of a side or rear property line however the City's building code requires these structures to be kept five -feet (51 from the lot lines; and, WHEREAS KMC 14.20.200, Accessory structures should be further amended to provide consistency with the City's building code; and, WHEREAS, both KMC 14.24.020 and KMC 14.24.030 provide similar requirements regarding setbacks; and, WHEREAS, combining the setback requirements into one code section will provide clarity and eliminate potential confusion; and New Text Underlined; IDELETED TEXT BRACKETED] Page 79 of 210 Ordinance No. 2702 -2013 Page 2 of 5 WHEREAS, the City's Planning and Zoning Commission held a work session on setback requirements on March 26, 2013, and at the Commission's regularly scheduled meeting on April 24, 2013, unanimously recommended the City Council adopt Ordinance No. 2702 -2013. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.24.020 General requirements, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] Page 80 of 210 Ordinance No. 2702 -2013 Page 3 of 5 14.24.020 General requirements. Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C /RR I RRl RS RSl RS2 RV /TSH B. /Hi /CC /CG /CMO R ED LC MINIMUMLOT 90 90 60 60 60 60 See individual 90 90 90 WIDTH (feet) sections of Code for requirements MINIMUM LOT SIZE (feet) Front Setback' 21510 2[51Q 2151Q 2[519 2[5]0 10 2[5)0 21510 2[5]0 2[519 Side Setback$,$ One - Story$ 15 15 5 5 5 5 10 15 15 15 Daylight 15 15 10 10 10 5 10 15 15 15 Basement/ Split Levels Two - Story$ 15 15 1 15 15 15 1 54 1 10 15 15 15 Rear Setback 20 20 20 20 20 104 10 20 20 20 Maximum Lot 300/6 30"/0 300/6 300 300/6 406% 300% 30% 30% Coverage Maximum Height 35 35 35 35 35 35 (feet)¢ Footnotes: (1) Provided that the minimum front setback is measured from any right -of -way or access easement. (2) Side setbacks are determined [INDEPENDENTLY FROM] based on. the primary vehicular access. [FRONT VIEW] of the structure. Plot plea /as -built will distinguish single and two -story portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one -story is considered a one -story structure in its entirety. Two -story is defined as one -story plus more than one -half (1 /2) the height of the lower story all situated above grade. Daylight basement /split level is defined as one -story plus less than one-half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard, (5) Side setbacks for parcels within the airport perimeter fence situated alone aircraft movement areas ramps, taxiways or parking aprons are exempt from the side setback reouirements of this title The but i g restriction line identified on the Airport Layout Plan must be maintained FARE NOT REQUIRED FOR PARCELS ALONG CERTAIN AIRPORT TAXIWAYS AND THE APRON AS FURTHER SET FORTH IN KMC 14,24,030.1 161 All structures in aircraft - approach zones and within eight thousand feet f5,00011 of the min r mwav shall be subiect to height limitation on the basis of obstruction criteria as shown on the current FAA approved Kenai AMIL Layout Plan New Text Underlined; [DELETED TEXT BRACKETED) Page 81 of 210 Ordinance No. 2702 -2013 Page 4 of 5 Section 3. Amendment of Section 14.20.200 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.200 Accessory Structures, is hereby amended as follows: (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: [(1) IN AN RR AND RS ZONE, THE MINIMUM FRONT YARD SETBACK FOR AN UNOCCUPIED ATTACHED OR DETACHED GARAGE OR CARPORT SHALL BE TEN FEET (10') ;[ (1211) Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty [(120)] square feet (1201 and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than [THREE] five feet ([3]5') to an adjoining lot; ([3)2) Covered but unenclosed passenger landings, or storage sheds of not more than two hundred [(200)] square feet 2j 009, with no side or end longer than sixteen [(16)] feet (161, and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5') to the rear lot line; ([41J Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within [THREE] five feet ([3]5') of any lot line; [([51) UNENCLOSED OUTSIDE STAIRWAYS, FIRE ESCAPES, PORCHES, OR LANDING PLACES AS WELL AS CORNICES, CANOPIES, EAVES, AND OTHER SIMILAR ARCHITECTURAL FEATURES NOT PROVIDING ADDITIONAL FLOOR SPACE MAY EXTEND INTO A REQUIRED FRONT YARD EXCEPT WITHIN TEN FEET (10') OF ANY LOT LINE;] ([61M A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one -third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)([2]1) and KMC 14.20.200(a)([31J, setbacks, per development tables, must be maintained if structure requires a building permit; ([7]5) For purposes of this section one (1) story in height is a maximum of twelve feet (12') high as measured from the ground to the highest point of the subject structure roof. Section 4. Deletion of Section 14.24.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.24.030, Addendum to development requirements tables, is hereby deleted in its entirety as follows: New Text Underlined; [DELETED TEXT BRACKETED) Page 82 of 210 Ordinance No. 2702 -2013 Page 5 of 5 [14.24.030 ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES. (A) YARDS FOR CORNER LOTS. THE MINIMUM SIDE YARD ON THE STREET SIDE, OR PLATTED RIGHT -OF -WAY, OR GOVERNMENT EASEMENT, OF A CORNER LOT SHALL BE THE SAME AS THE MINIMUM FRONT YARD REQUIRED FOR THAT ZONE. THE FRONT YARD SHALL BE DETERMINED AS BEING THE AREA BETWEEN THE MAIN ENTRANCE TO THE BUILDING AND THE STREET, RIGHT -OF -WAY, OR GOVERNMENT EASEMENT. (B) HEIGHT LIMITATION OF STRUCTURES NEAR AIRPORT, ALL STRUCTURES IN AIRCRAFT - APPROACH ZONES AND WITHIN EIGHT THOUSAND FEET (8,000') OF THE MAIN RUNWAY SHALL BE SUBJECT TO HEIGHT LIMITATION ON THE BASIS OF OBSTRUCTION CRITERIA AS SHOWN ON THE CURRENT FAA - APPROVED KENAI AIRPORT LAYOUT PLAN. (C) SIDE SETBACK REQUIREMENTS WITHIN THE AIRPORT PERIMETER FENCE. PARCELS CONTAINED IN THE AIRPORT PERIMETER FENCE SITUATED ALONG AIRCRAFT MOVEMENT AREAS, RAMPS, TAXIWAYS, OR PARKING APRONS ARE EXEMPT FROM THE SIDE SETBACK REQUIREMENTS OF THIS TITLE. THE BUILDING RESTRICTION LINE IDENTIFIED ON THE AIRPORT LAYOUT PLAN MUST BE MAINTAINED. I Section b. Severabili ty: That 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 6. Effective Date: That pursuant to KMC 1.15.070(p, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: May 1, 2013 Adopted: May 15, 2013 Effective: June 15, 2013 New Text Underlined; [DELETED TEXT BRACKETED] Page 83 of 210 "Villa9e with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 VIII 1997 MEM09 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: April 25, 2013 SUBJECT: Ordinance No. 2702 -2013 - AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE (KMC) SECTIONS 14.20.200, ACCESSORY STRUCTURES, AND 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, TO AMEND SETBACK REQUIREMENTS AND MERGING KMC SECTION 14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY. Ordinance No. 2702 -2013 recommends Council amend several sections of Title 14. The Planning & Zoning Commission held a public hearing on April 24'", and unanimously recommended the adoption of Ordinance No. 2702 -2013. The Ordinance would amend Title 14 as follows: Amend KMC 14.24.020, Development Requirements, to reduce front setbacks from a 25 -foot (25') front setback to a 20 -foot (20') front setback. The change will provide consistency with the Kenai Peninsula Borough & City of Soldotna while still providing adequate light, air and privacy and protecting the City's interest in health and safety and aesthetics. Amend KMC 14.20.200, Accessory Structures, to require a setback for accessory structures of five -feet (6) from lot lines to provide consistency with the City's building code. Amend KMC 14.20.200, Accessory Structures, to remove sections 1 and 5 which allow unoccupied accessory structures to be placed within ten -feet (10') of the front property line. This amendment would maintain health, safety and aesthetic interests of the City and provide consistency with KMC 14.20.210, Sight Obstruction on Corner Lots, which restricts structures from being erected on corner lots in the sight obstruction area defined as a "triangular area formed by the two (2) streets rights -of -way adjoining the lot and a line drawn across the lot adjoining points on each right -of -way twenty fee (20) from the intersection of the right -of -way lines." Eliminates KMC 14.24.030, Addendum to Development Requirements Table, by combining this section of the code into the footnotes of KMC 14.24.020. This will provide clarity and eliminate potential confusion. Page 84 of 210 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ13 -09 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL SECTION 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY ALTERING SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND MERGING KENAI MUNICIPAL SECTION 14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY. WHEREAS, the Development Requirement Table in KMC 14.24.020, General requirements, requires twenty -five foot (25') front setbacks for all zoning districts except RU /TSH; and, WHEREAS, changing the front setback requirements from twenty -five (25) to twenty- foot (20') front setbacks will provide for greater utilization of property while continuing to protect the integrity of zoning districts to provide adequate light, air, and privacy while protecting the City's interest in health and safety and aesthetics; and, WHEREAS, changing the front setback requirements to twenty-foot (20') will also provide for consistency in setback requirements between the City, Kenai Peninsula Borough and the City of Soldoma; and, WHEREAS. KMC 14.20.200, Accessory structures, allows for certain accessory structures to be within ten -feet (10') of the front lot line; and, WHEREAS, accessory structures should be kept back at least twenty-feet (20') from the front property line to maintain health and safety and aesthetic interests of the City, especially when site distance on corner lots is an issue; and, WHEREAS, KMC 14.20.200, Accessory structures, also allows for certain accessory structures to be within three -feet (3') of a side or rear property line however the City's building code requires these structures to be kept five -feet (5') from the lot lines; and, WHEREAS KMC 14.20.200, Accessory structures should be further amended to provide consistency with the City's building code; and, WHEREAS, both KMC 14.24.020 and KMC 14.24.030 provide similar requirements regarding setbacks; and, WHEREAS, combining the setback requirements into one code section will provide clarity and eliminate potential confusion, New Text Underlined; (DELETED TEXT HRACTSMI)l Page 85 of 210 Resolution PZ13 -09 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: That the City of Kenai Planning and Zoning Commission recommends Council adopt amendments to Kenai Municipal Code section 14.24.020, General Requirements — Development Requirements Table by altering setback requirements for residential uses and merging Kenai Municipal Code section 14.24.030, Addendum to Development Requirements Tables, into Kenai Municipal Code section 14.24.020 and deleting Kenai Municipal Code section 14.24.030 for purposes of clarity as follows: 14.24.020 General requirements. Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C/RR RRI RS HSI RS2 RU/rSH ItAi lCCICG /CMU R ED LC MINIMUM LOT 90 90 60 60 60 60 See individual sections 90 90 90 WIDTH (feet) of Code for requirements MINIMUM LOT SIZE (feet) Front Setback' 2[5]0 2[51_0 2[SL 2[5]0 2[5L0 10 2[5]0 2[5]4 2[5]0 2[5L Side Setback;' One-Story' 15 15 5 5 5 5 10 15 15 15 Daylight Basement/ 15 15 10 10 10 5 10 15 15 15 Split Level' Two- Slory' 15 1 15 1 IS 1 15 1 15 1 54 10 15 15 l5 Rear Setback 20 20 20 20 20 to, 10 20 20 20 Maximum Lot 30% 30% 30°/ 30% 30% 40% 30% 30% 30% Coverage Maximum Height 35 35 35 35 35 35 (feet)§ Footnotes: (1) Provided that the minimum front setback is measured from any right-of- -way or access casement. (2) Side setbacks are determined [INDEPENDENTLY FROM] based on the J16MR vehicular access (FRONT VIEW] of the structure. Plot plan/as -built will distinguish smgle and two -story portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one -Story is considered a one -story structure in its entirety. Two-story is defined as one -story plus more than one -half (1 /2) the height of the lower story all situated above grade. Daylight basement/split level is defined as one -story plus less than one -half (1/2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. (5) Side setbacks for parcels within the airport perimeter fence situated alone aircraft movement areas, moos taxiways, or parkin¢ rams are exempt from the side setback reauirements of this title The buildine restricti2n line identif d on the gimort Layout Plan most be maintained. IARE NOT REQUIRED FOR PARCELS ALONG CERTAIN AIRPORT TAXIWAYS AND THE APRON AS FURTHER SET FORTH IN KMC 14.24.030.1 (6) All structures in aircraft- approach zones and within eight thousand feet (8,000') of the main runway shall be ubject to height lrm isaim on the basis of obstruction criteria as shown on the current FAA- a,brovcd Kenai imort Layout Plan, New Text Underlined; [DELETED TEXT BRACKETED] Page 86 of 210 Resolution FZ13 -09 14.20.200 ACCESSORY STRUCTURES. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: [(I) IN AN RR AND RS ZONE, THE MINIMUM FRONT YARD SETBACK FOR AN UNOCCUPIED ATTACHED OR DETACHED GARAGE OR CARPORT SHALL BE TEN FEET (10');l ([21D Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty (120) square feet and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than [THREE] five feet ([3LY) to an a4joining lot; ([3]2) Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen (16) feet, and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (51 to the rear lot line; ([412) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within [THREE] five feet ([3L') of any lot line; [([51) UNENCLOSED OUTSIDE STAIRWAYS, FIRE ESCAPES, PORCHES, OR LANDING PLACES AS WELL AS CORNICES, CANOPIES, EAVES, AND OTHER SIMILAR ARCHITECTURAL FEATURES NOT PROVIDING ADDITIONAL FLOOR SPACE MAY EXTEND INTO A REQUIRED FRONT YARD EXCEPT WITHIN TEN FEET (10) OF ANY LOT LINE;] ([6]4) A detached accessory building may be permitted to occupy a rear yard; provided that not more than one -third (113) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)([211) and KMC 14.20.200(a)([3]2), setbacks, per development tables, must be maintained if structure requires a building permit; ([7]j) For purposes of this section one (1) story in height is a maximum of twelve feet (121 high as measured from the ground to the highest point of the subject structure roof. [14.24.030 ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES. (A) YARDS FOR CORNER LOTS. THE MINIMUM SIDE YARD ON THE STREET SIDE, OR PLATTED RIGHT- OF-WAY, OR GOVERNMENT EASEMENT, OF A CORNER LOT SHALL BE THE SAME AS THE MINIMUM FRONT YARD REQUIRED FOR THAT ZONE. THE FRONT YARD SHALL BE DETERMINED AS BEING THE AREA BETWEEN THE MAIN ENTRANCE TO THE BUILDING AND THE STREET, RIGHT -OF -WAY, OR GOVERNMENT EASEMENT. (B) HEIGHT LIMITATION OF STRUCTURES NEAR AIRPORT. ALL STRUCTURES IN AIRCRAFT- APPROACH ZONES AND WITHIN EIGHT THOUSAND FEET (8,0001) OF THE MAIN RUNWAY SHALL BE SUBJECT TO HEIGHT LIiviITATION ON THE BASIS OF OBSTRUCTION CRITERIA AS SHOWN ON THE CURRENT FAA - APPROVED KENAI AIRPORT LAYOUT PLAN. (C) SIDE SETBACK REQUIREMENTS WITHIN THE AIRPORT PERIMETER FENCE. PARCELS CONTAINED IN THE AIRPORT PERIMETER FENCE SITUATED ALONG AIRCRAFT MOVEMENT AREAS, RAMPS, TAXIWAYS, OR PARKING APRONS ARE EXEMPT FROM THE New Text Underlined; IDELErED TEXT BRACKETED] Page 87 of 210 Resolution PZ13 -09 SIDE SETBACK REQUIREMENTS OF T141S TITLE. THE BUILDING RESTRICTION LINE IDENTIFIED ON THE AIRPORT LAYOUT PLAN MUST BE MAINTAINED. ] Dated a CHAIR ATTES' 2013, New Text Underlined: [DELEPEP TEXT BRACIiMD) Page 88 of 210 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -27 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE CHANGES ADOPTED DURING THE FY2014 BUDGET PROCESS TO INCLUDE INCREASING CAMPING AND PARKING FEES ASSOCIATED WITH THE PERSONAL USE FISHERY, INCREASING MONTHLY RENTAL RATES AT VINTAGE POINTE, AND INCREASING FEES FOR WATER AND SEWER SERVICE. WHEREAS, as part of the FY2014 Budget process fees associated with the State Personal Use Fishery were budgeted to increase by $5.00 for parking, camping and boat launching; and, WHEREAS, parking fees in the past have been for a twelve (12) hour period but will increase to twenty-four (24) hours for the new fee of $20.00; and, WHEREAS, the increased fees will support more waste collection and removal activities by the City during the fishery; and, WHEREAS, monthly rental rates at Vintage Pointe, the City's senior housing facility, are budgeted to increase in FY2014 in an effort to bring the rental rates closer to market rate rents as determined by the 2012 market rent study by Derry and Associates, and to ensure adequate funds are available for ongoing and long -term maintenance of the facility; and, WHEREAS, in 2011 the City commissioned a Water and Sewer Rate Study to study the City's water & sewer rate structure and to determine and recommend any changes to that structure to ensure the utility can continue to operate and provide the necessary funding to maintain its infrastructure; and, WHEREAS, the Water and Sewer Rate Study determined that current rates are insufficient to support operations of the fund and provide funding for infrastructure maintenance and expansion; and, WHEREAS the Water and Sewer Rate Study recommended annual increases in water and sewer rates to ensure the financial stability of the fund; and, WHEREAS, the FY2014 Budget includes rate increases recommended by the study. 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: New Text Underlined; )DELETED TEXT BRACKETED) Page 89 of 210 Resolution No. 2013 -27 Page 2 of 8 PARKS AND RECREATION FEES Multipurpose Facility - hourly rate (reservation) Ice Rink Pass - Family pass -Adult pass -Youth pass Public Skate Picnic Shelter /Gazebo Reservation - Picnic Shelter (Refundable deposit $50.00) - Gazebo (Refundable deposit $200.00) Community Garden Plot (each) Adopt -A -Bench (Includes bench, shipping, installation and maintenance) North & South Beach Parking (Personal Use Fishery Season) -Per twelve [(12)] (241 hour period from 5:00 a.m. to 5 :00 am. daily North & South Beach Overnight Camping from 12:00 o.m. to 12:00 p.m. daily (Personal Use Fishery Season) $ 125.00 $ 45.00 $ 30.00 $ 20.00 $ 1.00 $ 15.00 $ 20.00 $ 20.00 $ 450.00 [ $ 15.001 $20.00 [ $ 20.00] $25.00 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "City Dock Fees" section to: CITY DOCK FEES Product wharf age (with crane; without forklift) Non - product wharf age (ice, nets, staples, etc.) Used Oil Dumping Boat Launch Ramp - (Includes Parking with Trailer) - First 10 minutes - Senior Citizen (Includes Parking with Trailer) - First 10 minutes, effective August 1-July 9 -Each minute over 10 - Season Boat Launch Pass Parking Only -Per day (Vehicle with trailer must pay launch fee also) - Senior Citizen (Vehicle with trailer must pay Launch fee also), effective August 1 -July 9 - Season Parking Pass Tie Up Fee -Skiff tied to land side of concrete dock - per day -Skiff tied to land side of concrete dock - season pass -Boat tied to buoy in river - per day -Boat tied to buoy in river - season pass Forklift with operator (1 /2 hour minimum) - per hour Labor charge for call-out (2 hour minimum) - per hour New Text Underlined: [DELETED TEXT BRACKETED] Page 90 of 210 $0.07 /lbs. $0.04 /lbs. [$20,001 $25.00 $0.00 $1/minute $ 150.00 [$ 10.00] 15.00 $0.00 $ 100.00 $ 7.00 $ 150.00 $ 10.00 $ 150.00 $ 50.00 $ 40.00 Resolution No. 2013 -27 Page 3 of 8 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Vintage Pointe Rents" section to: VINTAGE POINTE RENTS 19.22 [$22.781 1 -A apartment =586 Sq. Ft. Ocean Side [ $ 714.00 $764.00 1 -A apartment-586 Sq. Ft. Street Side [ $ 677.28 $727.28 1 -13 . apartment =637 Sq. Ft. Ocean Side [ $ 689.52 $739.52 1­13 apartment =636 Sq. Ft. Street Side [ $ 689.52 $739.52 1 -13 apartment =637 Sq, Ft, Ocean Side 1$726.241 776.24 I -C apartment=682 Sq. Ft. Ocean Side [ $ 738,48 ] $788.48 1 -C apartment =682 Sq. Ft. Street Side [$701.761 751.76 1 -C apartment =682 Sq. Ft, Ocean Side 1$726.241 776.24 2 -A apartment =826 Sq. Ft. Ocean Side [ $ 787.44 ] $837.44 2 -A apartment =826 Sq, Ft. Street Side [ $ 750.72 ] $800.72 2 -13 apartment =876 Sq. Ft, Ocean Side [$799.681 849.6 2 -13 apartment =876 Sq. R. Street Side [ $ 762.96 ] $812.96 2 -C apartment =789 Sq. Ft. Ocean Side 1$775.201 825.20 Monthly Automatic ACH Payment Fee $ - Note: All Vintage Pointe Rents are subject to a 2 % discount for payment by means other than credit card. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Water Fees" section to: WATER FEES APX -Public Utility Regulations and Rates 1. Schedule A - General Domestic Service Rates (non- metered) -one or two family residence, per family unit - single or double unit apartment, per family unit - apartment, 3 or more units under one roof, per family unit - single bill assumed by owner - separate bill - trailers, one or two on single lot, each - trailer, 3 or more on single lot - single billing - separate billing - boarding houses, per available room 2. Schedule B - Commercial service (non- metered) - demand -1.00 inch service -1.25 inch service New Text Underlined; [DELETED TEXT BRACKETED Page 91 of 210 [$22.78] $25.51 [ $ 22.78) $25.51 [ $17.161 19.22 [$22.781 25.51 [ $ 22.78 ] $25.51 [ $ 17.16 $19.22 [ $ 22.78 $25.51 J$ 6.06 $6.79 J$ 23.10 ] 25.87 [ $ 35.20 $39.42 Resolution No. 2013 -27 Page 4 of 8 -1.50 inch service [ $ 58.29 1 $65.28 -2.00 inch service ($87,971 98.53 -3,00 inch service [$131.971 147.81 - larger than 3.00 inch service [ $ 197.95 $221.70 -use charge -bakery [ $ 67.08 $75.13 -bath house, tub or shower, each [ $ 15.41 $17.26 - bottling works, per bottling machine [ $ 530.05 $593,66 - bowling alleys, amusement parks, doctor [$63.781 71.43 -car lot, with car wash facilities [ $ 31.90 $35.73 -car wash, automatic, per facility ] $ 285.91 $320.22 -car wash, self-service, per stall [ $ 42.88 $48.03 - churches, lodges, clubs, banquet rooms, per seat [ $ 0.24 $0.27 - cleaners and commercial laundries, per facility [ $ 183.64 $205.68 - dairies, installation of water meter required -day care center/ preschool, per child, maximum capacity [ $ 0.92 $1.03 - doctor and dentist offices, per room or chair [ $ 13.751 $15.40 - garage, service stations 1$27.49) 30.79 - recreational vehicle dump facility (May - September) [ $ 31.90 ] 35.73 - hangar, airplane repair [$27.491 30.79 -with washing facilities [ $ 31.88 ] $35.71 - hospital, per bed J$ 18.161 $20.34 - hotel, motel, resort, per room [ $ 14.29 ] $16.00 - laundry, self service, per machine [$25.861 28.96 - markets, meat 1$35.201 39.42 - office building single bill assumed by owner, per business [ $ 30.781 $34.47 - office building, tenants are billed, per business ( $ 35.20 ] $39.42 - restaurants, cafes, taverns, bars, per seat [ $ 1.98 $2.22 -public office building, per restroom [ $ 7.92 $8.87 - recreation facility, per restroom, sauna, shower [ $ 15.411 $17.26 - rv/camper park, per space [ $ 15.41 ] 17.26 - schools, per seating capacity [$0.921 1.03 - shopping center [ $ 15.96 ] $17.88 - shops, beauty, per station or chair [ $ 15.96 ] 17.88 - shops, mist. (includes barber), per shop J$ 15.961 $17.88 - sleeping room, per room [ $ 6.06 $6.79 - studio, photo or photo lab [ $ 75.33 $84.37 - supermarket [ $ 180.91 $202.62 - theater, indoor, per seat [ $ 0.111 $0.12 - theater, outdoor, per seat 1$0.111 0.12 New Text Underlined; [DELETED TEXT BRACKETED] Page 92 of 210 Resolution No, 2013 -27 Page 5 of 8 - taverns, lounges, bars (without kitchens), per seat [ $ 1.88 ] $2.11 -x -ray or lab office [ $ 45.101 $50.51 3. Schedule C - Industrial Service (non - metered) - concrete mixing plant [ $ 290.30 ] $325.14 - concrete products ($145.171 162.59 - confectioner [ $ 96.76 J $108.37 - greenhouse, commercial [ $ 96.76 ] $108.37 -ice cream plant [ $ 145.171 $162.59 -cold storage plant or locker [ $ 68.19 ] $76.3 7 4, Schedule D - Fire Protection None S. Schedule E - Metered Service - general usage, per thousand gallons [ $ 2.20 $2.46 - hydrant use, per thousand gallons [ $ 3.30 $3.70 - minimum monthly charge, general usage [ $ 33.00 j 36.96 6. Schedule F - Permit fee $ 204.00 Note: All Water Fees are subject to a 2% discount for payment by means other than credit card. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Sewer Fees" section to., SEWER FEES APX - Public Utility Regulations and Rates 1. Schedule A - General Domestic Service Rates (non- metered) -one or two family residence, per family unit [ $ 45.28 ] 46.64 - single or double unit apartment, per family unit [ $ 45.28 $46.64 - apartment, 3 or more units under one roof, per family unit - single bill assumed by owner [ $ 34.05 $35.07 - separate bill [ $ 45.28 $46.64 - trailers, one or two on single lot, each [ $ 45.28 $46.64 - trailer, 3 or more on single lot - single billing [$34.051 35.07 - separate billing [ $ 45.28 ] $46.64 - boarding houses, per available room [$12.221 12.59 New Text Underlined; 1DELETED TEXT BRACIfETED] Page 93 of 210 Resolution No. 2013 -27 Page 6 of 8 2. Schedule B - Commercial service (non - metered) - demand -1:00 inch service [ $ 45.711 $47.08 -1.25 inch service 1$67.781 69.81 -1.50 inch service 1$115.071 118.52 -2.00 inch service [$171,821 176.97 -3.00 inch service [ $ 260.10 $267,9 0 - larger than 3.00 inch service [ $ 390.93 $402.66 -use charge -bakery ] $ 132.411 $136.38 -bath house, tub or shower, each 1$29.941 30.84 - bottling works, per bottling machine ] $1,049.83 j $1,081.32 - bowling alleys, amusement parks, doctor 1$126.901 130.71 -car lot, with car wash facilities [$63.051 64.94 -car wash, automatic, per facility [ $ 564.32 $581.25 -car wash, self - service, per stall [ $ 84.33 $86.86 - churches, lodges, clubs, banquet rooms, per seat [ $ 0.48) $0.49 - cleaners and commercial laundries, per facility [ $ 362.55 $373.43 - dairies, installation of water meter required -day care center /preschool, per child, maximum capacity [ $ 1.82 $1.87 - doctor and dentist offices, per room or chair [ $ 27.19 $28.01 - garage, service stations [$55-171 56.83 - recreational vehicle dump facility (May- September) [ $ 63.05) $64.94 - hangar, airplane repair [ $ 54.78) $56.42 -with washing facilities [ $ 63.05 $64.94 - hospital, per bed [ $ 36.26 $37.35 - hotel, motel, resort, per room [ $ 27.98 $28.82 - laundry, self service, per machine [ $ 50.84 $52.37 - markets, meat [ $ 69.37 $71.45 - office building single bill assumed by owner, per business ($59.911 $61.71 - office building, tenants are billed, per business [ $ 69.37 $71.45 - restaurants, cafes, taverns, bars, per seat [ $ 4.03 $4.15 - public office building, per restroom 1$15.761 16.23 - recreation facility, per restroom, sauna, shower [$30.341 31.25 -rv/camper park, per space [ $ 30.34 $31.25 - schools, per seating capacity [ $ 1.82 ] 1.87 - shopping center [ $ 31.53 ] 32.48 - shops, beauty, per station or chair [ $ 31.53 ] $32.48 - shops, misc, (includes barber), per shop [$31.531 32.48 New Text Underlined; [DELETED TEXT BRACKETED) Page 94 of 210 Resolution No. 2013 -27 Page 7 of 8 Note: All Sewer Fees are subject to a 2% discount for payment by means other than credit card. New Text U erb ed; [DELETED TEXT BRACKETED] Page 95 of 210 - sleeping room, per room 1$12.221 12.59 - studio, photo or photo lab [$149.751 154.24 - supermarket [ $ 357.83 ] $368.56 - theater, indoor, per seat [$0.21) 0.22 - theater, outdoor, per seat J$0,211 0.22 - taverns, lounges, bars (without kitchens), per seat [ $ 3.781 $3.89 -xray or lab office [$89.071 91.74 3. Schedule C - Industrial Service (non - metered) - concrete mixing plant [$575,371 59Z63 - concrete products [$286.891 295.5 - confectioner [ $ 190.741 196.46 - greenhouse, commercial [ $ 190.741 $196.46 -ice cream plant [ $ 286,89 ] $295.50 -cold storage plant or locker [ $ 133-991 $138.01 4. Schedule D - Fire Protection None 5. Schedule E - Metered Service - general usage, per thousand gallons 1$4.491 4.62 - hydrant use, per thousand gallons - minimum monthly charge, general usage ($67.351 69.37 6. Schedule F - Permit fee $ 204.00 Note: All Sewer Fees are subject to a 2% discount for payment by means other than credit card. New Text U erb ed; [DELETED TEXT BRACKETED] Page 95 of 210 Resolution No. 2013 -27 Page 8 of 8 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Resolution shall be effective on July 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk / , Approved by Finance: --7— --- New Text Underlined; DELETED TEXT BRACKETED Page 96 of 210 1 n. VIA F the city V To: Rick Koch, City Manager " "Villaye with a Past, C# with a Future" 1 L From: Terry Eubank, Finance Director Date: May 9, 2013 FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 Re: Resolution 2013 -27 - Increase of parking, camping, and boat launch fees during the Personal Use Dipnet Fishery. The purpose of this memo is to provide information related to the increase of parking, camping, and boat launch fees associated with the Personal Use Dipnet Fishery. The FY2014 Budget included a proposal to increase parking and camping fees from $15.00 to $20.00 for a twenty - four (24) hour parking period on the City's North and South Beaches, from $20.00 to $25.00 for overnight camping, from $10.00 to $15.00 for daily parking at the City's dock facility, and from $20.00 to $25.00 for boat launch and parking. The following analysis is based upon 2012 data from the fishery: Launch 2012 Revenue Parking Camping & Park North Beach $126.209 $22,272 $-0- South Beach 99,267 27,998 $-0- City Dock 18.132 -0- 68,211 Total $ $ $ 211 Additional Revenue from increased fees: North Beach $42,075 $5,568 South Beach 33,089 7,012 City Dock 9,063 -0- Total $84.227 $12.580 Increase Fees Paid by City Residents (3% of total aarticioants). North Beach $1,429 South Beach 1,203 City Dock 784 Total $3.416 Page 97 of 210 $ -0- -0- 17,064 Total $148,481 127,265 86,343 $ 63 $47,643 40,101 26,127 $ 11 3,871 North Beach $1,906 South Beach 1,604 City Dock 1,045 Total $ X55 Estimating 2013 participant levels at those of 2012 and applying the increased fees will yield an estimated $113,871 in additional revenue. The most recent City survey of participants showed 3% of the users were City residents, indicating that $3,416 of the additional review will be paid by City residents. The same survey showed 4% of the users were Kenai Peninsula Borough (not counting City of Kenai residents) residents, indicating that $4,555 of the additional revenue will be paid by Borough residents. It is estimated that $105,900 of the increased fees will be paid by non -City and non - Borough residents. These additional fees have been proposed to pay the costs associated with increased efforts in dealing with fish waste and garbage generated by the participants of the fishery. Page 98 of 210 Me city MOO" To: Rick Koch, City Manager "Villaye 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 -q ( From: Terry Eubank, Finance Director Date: May 9, 2013 Re: Resolution 2013 -27 The purpose of this memo is to provide support for passage of Resolution 2013 -27 that will increase rents at the City's Vintage Pointe Senior Housing facility. Rents at Vintage Pointe were last increased in July 2008, except for a change that only impacts those tenants that pay via credit card. As an unsubsidized facility, rents must be sufficient to cover annual cost of operations and to provide sufficient reserves for long -term facility maintenance. Long -term maintenance projects in recent years have included facility window replacement, $111,000, dry sprinkler piping replacement, $54,000, siding replacement, estimated to cost $260,000, and future boiler replacement, estimated to cost $125,000. The FY14 adopted budget, which includes revenue projections based upon a $50.00 per month increase in the rents of each unit, will generate $10,410 for long -term maintenance projects. Without this proposed increase current rental rates will reduce current long -term maintenance reserves by $12,340 with no expenditure of funds for long -term maintenance. The increase is needed in order to maintain the facility in its present condition for the center's current and future residents. Prior to recommending this rent increase, the administration commissioned an independent appraisal to evaluate Vintage Pointe rental rates. The results indicated that current rental rates are $74.00 to $153.00 per month below rental rates for similar senior housing units on the Kenai Peninsula. A $50.00 per month rent increase represents a 7.38% increase on the least expensive unit at Vintage Pointe. Inflation since the last rent increase has been approximately 12.3 %. Page 99 of 210 V To: Rick Koch, City Manager "Villaye 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 /V From: Terry Eubank, Finance Director Date: May 9, 2013 Re: Resolution 2013 -27 The City's consultant, CH2MHil1 completed a water and sewer rate study for the City in 2011. The study concluded a schedule of rate increases is needed that based upon current operating costs and capital needs of the Water and Sewer Fund. The FY2014 Budget includes year three increase recommended for the fund. Increasing rates will ensure the City has operating reserves sufficient to maintain and operate the utility for its customers as well as provide snatching funds for replacement and upgrades to the utilities infrastructure. The combined rate for single family water and sewer service will increase from $70.74 to $74.98 for customers paying by means other than credit card. Page 100 of 210 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2013 AND ENDING JUNE 30, 2014. WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the 10th day of June; and, WHEREAS, the Council has adopted the "City of Kenai 2014 Annual Budget," which estimates property tax revenue based upon a tax rate of 3.85 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 2013 and ending June 30, 2014 be fixed at 3.85 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk / Approved by Finance: /, rk G$—' --- Page 101 of 210 Me V PTo: Rick Koch, City Manager "Villaye with a Past, Gity with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 ✓- / From: Terry Eubank, Finance Director Date: May 9, 2013 Re: Resolution 2013 -28 Resolution 2013 -28 will establish the rate of levy of property tax for 2013. The proposed rate of levy is 3.85 and will result in $385 in taxes being paid for each $100,000 of assessed property value. The rate is unchanged fi•om tax year 2012 and will generate the necessary property taxes to support the adopted FYI budget. What will your property tax $'s pay for in FY2014? Home Assessed Value 5 250,000.06 Cityel K..IPraperty Tat (3.8S "a,) $ =50 KPBPreptrty Tasb (5.0 avac) S 1250.00 TablTatuobaky f 2,212.50 How is Your City of Kenai Property Taxes Spent? 5 962.50 Otparemtra: OtnaM Borarwet Cky Cowrcll City Adnklwatisn lands AbauJwetiot Raamopad Zan q Pay Club Totd Omnd6evnnnaat public 9ddy Pa6tt Fk. C..kaWnc As.I Cnwol Totd Public We, Public WWII' Pvb ➢c Works MmblNRba Sba'b ItIdMGau66 , 3IIOp B STonIl PMA➢ Toni Public work' Pak'. R'craabon a connat pWk'. Rtototion a Baadilicatioa til aro Visits, Ctater City hock Two! Para. Rucroatlona Cuead 6'W strvkt Total City of Kenai t 95253 18206 Y,68IA06 267.504 253A88 f 9,35'T,93i r 3,on23II 2918,066 SAW 36%98 I [.16%830 9 ITS= 1.006.181 667,850 366,166 YTA09 I 2.802263 3 1,059,703 6m9n 165.3113 98.982 s ¢9s,93 ll IN,338 5 15,281.397 ➢rb, 4vaamn i Culuml 513JM lazes 0en<nl0:ve mtm 521195 32924 Peet Service S ➢la � � � 69ss 51S1.fl 15]64 yi\./../_ P„btc Sdxty 565236 a69in' Page 102 of 210 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -29 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH UNITED HEALTH CARE TO PROVIDE EMPLOYEE HEALTH CARE TO CITY EMPLOYEES EFFECTIVE JULY 1, 2013. WHEREAS, Pursuant to KMC 23.40.120 the City provides major medical, dental, and vision insurance to its employees; and, WHEREAS, the City's current provider for this insurance, AETNA through the State of Alaska Political Subdivision Health Insurance Plan, provided renewal rates to the City that will result in an estimated $1,698,619 in annual premium; and, WHEREAS, United Health Care has provided a quote for comparable coverage that will result in an estimated $1,542,545 in annual premium; and, WHEREAS, the administration in conjunction with the City's Employee Health Care Committee, a committee employee representative from each City department, analyzed the United Health Care quote and schedule of coverage and recommends United Health Care as the City's employee health care provider effective July 1, 2013; and, WHEREAS, providing quality health care is a component of a comprehensive compensation package which allows the City to recruit and retain quality employees to provide the services of the City for its residents. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City Council authorizes the City manager to execute a contract with United Health Care to provide group medical, dental and vision benefits to the employees of the City of Kenai effective July 1, 2013 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Page 103 of 210 "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 \thedil of Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 V To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: May 9, 2013 Re: Recommendation for passage of Resolution 2013 -29. The purpose of the memo is to recommend passage of Resolution 2013 -29 that will authorize a switch in the provider of the City's employee health care. KMC 23.40.120 requires the City to provide medical, dental and vision coverage to its employees. This coverage has been provided by AETNA through the State of Alaska Political Subdivision Plan since January 2008. Recently the City received a quote to provide this insurance from an alternate carrier that will result in a minimum of 9% savings in premiums paid. Other benefits of the new carrier include the option for employees with coverage from another source to opt out of coverage, flexibility in plan design, and potential savings based upon the claims history of City employees. The following is a financial comparison of the City's current plan and the proposed plan from UHC. Health Care Premium City Self- hisured Deductible FSA/HRA Administration Employee Life Insurance Employee Wellness Program Total Cost of Health Care AETNA $1,698,619 194,512 12,000 16,800 20,000 $ 94 UHC $1,542,545 194,512 12,000 16,800 20,000 $ 57 Difference $156,074 -0- -0- -0- -0- $15,.74 City Funded Portion $1.769,827 91.14% $1,627,613 91.14% $142,214 Employee Funded Portion 172.104 8.86% 158,244 8.86% 13,860 Total $ 91 - lQAQ% $ •785 857 100.00% $156_074 Page 104 of 210 A comparison of employee monthly health care premiums is as follows: Monthly Premium UHC AETNA Difference Employee $ 61.00 $66.00 $ 5.00 Employee/Child(ren) 115.00 124.00 9.00 Employee/Spouse 132.00 144.00 12.00 Employee/Family 17$.00 194.00 16.00 Part time Employee 324.00 354.00 30.00 With the assistance of the Employee Health Care Committee, the new plan was thoroughly evaluated and was found to provide comparable coverage for City employees and their families. Unified Health Care (UHC) is the largest single provider of coverage in the United States. In no way do I believe the transition from AETNA to UHC will be without bumps. I do believe an estimated, minimum savings of $156,074 in insurance premium for comparable coverage is worth the effort it is going to require by Finance staff and City employees. Page 105 of 210 To: Rick Koch, City Manager "Villaye with a Past, C# with a Future" EMPLOYEE HEALTH CARE COMMITTEE 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 From: The Undersigned Committee Members Date: May 8, 2013 Re: Recommendation of United Health Care as the medical, dental & vision insurance provider for City employees pursuant to KMC 23.40.120 The members of the City's Employee Health Care Committee, comprised of an employee representative from each department (cannot be a Department Head), have met and reviewed proposals to provide employee medical, dental and vision coverage to City employees by AETNA, the City's current provider, and United Health Care. The committee was provided a financial analysis prepared by the City's Finance Director, as well as plan descriptions and schedule of benefits. The committee submitted questions and requests for clarification to United Health Care, and reviewed United Health Care's responses. Based upon this review the undersigned members believe the coverage quoted by United Health Care is comparable to that currently offered by AETNA and recommend United Health Care as the medical, dental & vision insurance provider for City employees pursuant to KMC 23.40.120, effective July 1, 2013. This recommendation is contingent upon amendment to the City's Health Reimbursement Agreement plan document to include provision that will allow reimbursement to City employees for copayment amounts for prescription drug purchases. C astunore, Finance Y;I�U� Erica Shinn, Airport v Kt Roma' t, Senio enter ion Page 106 of 210 Corene Hall, City Clerk Office —1F` = David Ross, Police Jacqueline Van Hatten, Legal Mark Anderson, Fire Curt Wagoner, Public Works Page 107 of 210 r Carver, Planning Public Works OIZ10 80l abed THIS PAGE IS INTENTIONALLY LEFT BLANK f \\ t, Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -30 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE FIRST AMENDMENT TO THE AIRLINE OPERATING AGREEMENT AND TERMINAL AREA LEASE AND AUTHORIZING THE CITY ENTER INTO SUCH AGREEMENT WITH LAKE AND PENINSULA AIRLINES, INC. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, the administration working with an airport consultant has developed an amendment to the current airline operating agreement and terminal area lease; and, WHEREAS, the airline operating agreement and terminal area lease has modernized the airport airline terminal leasing procedures and policies and increased airport operating revenue; and, WHEREAS, the administration has consulted with the three regularly scheduled passenger airlines currently operating at the Kenai Municipal Airport regarding the agreement; and, WHEREAS, non - signatory airlines operating out of the passenger building will pay an additional 30% for landing fees than signatory airlines; and, WHEREAS, it is in the best interest of the City of Kenai to authorized the City Manager to enter into such agreement with Era Aviation, Inc., on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: 1) the Kenai City Council approves the First Amendment to the Airline Operating Agreement and Terminal Area Lease form as shown in Exhibit 1; and 2) the Kenai City Manager is authorized to enter into such agreement with Lake and Peninsula Airlines, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 109 of 210 US 395 N. WILLOwSr. SUITE iaO , 99&11 1%&2T TELEPHONE 907,783.7951 Municipal Airport FAX 907.7833= Memo To: Rick R. Koch — City Manager From: Mary L. Bondurant - Airport M _a Date: May 7, 2013 Subject: Resolution 2013 -30 - First Amendment to Airline Operating Agreement & Terminal Area Lease Attached to this memo is the First Amendment, to the Kenai Municipal Airport Airline Operating & Terminal Area Lease signed by Lake and Peninsula Airlines, Inc., for City Council approval and Administration execution. The current agreement which has been in place since June 1, 2008 expires on May 31, 2013. During the past several months, Airport and City Administration, along with Steve Horton of Liebowitz & Horton, evaluated financial costs associated with Airport operations. Based on this evaluation, an amendment to the current agreement was successfully negotiated with a 5% rate increase from 2013 to 2014 and each year following an increase for the term of the amendment will be limited to CPI adjustments. I recommend approval of this first amendment to the airline operating agreement. Please contact me if you have any questions. Attachments www.d.kenai.ak.us. Page 110 of 210 I I to I I I le I la I L° A R Hr � I N xire n s � z s <w� Q N o a �d a w J U B 0 z I Z I s • jl I i I � f I I F I I 1 I 1 I G F- — L ) 0 A II �= II A 3 Page 111 of 210 0 cn J J w O w a a j U) Q L a L) U Z W z a a Y Z Y m X w Z O U) co m J J w x 0 O U W z Z I II o a �d a w J U B 0 z I Z I s • jl I i I � f I I F I I 1 I 1 I G F- — L ) 0 A II �= II A 3 Page 111 of 210 0 cn J J w O w a a j U) Q L a L) U Z W z a a Y Z Y m X w Z O U) co m J J w x 0 O U W z Z rl I 6 3 W e U [ U ` I O �I z u � I � z II � 0 , ? •1 w P � I � � , F I I I ° h I I LL ) AM m� I a � Page 112 of 210 0 w W W [9' � a 0 IL W L) z z O z in Y z H w m Y x W z O J J W 0 0 U Lb U z EE s s I a4 i Jai �h a II= I A � �H nmy�edn� m ^ I 4 o ° ° -7d S M �cr �eH ien�uV P Ia rl I 6 3 W e U [ U ` I O �I z u � I � z II � 0 , ? •1 w P � I � � , F I I I ° h I I LL ) AM m� I a � Page 112 of 210 0 w W W [9' � a 0 IL W L) z z O z in Y z H w m Y x W z O J J W 0 0 U Lb U z 05/08/2013 21:48 9077812280 LAKEANDPENAIR Fl12ST AMBIMMENT TO THE IO NA%1N17kCIPAT..i IRPORT A.U113 M.QPMATM Ar MEMENT AND 'IERIvMIAL ASIA LEASE THES FWTANltN aMENT.to the K=W Municipal A*rt Airline Operating Agreement and TennigalAm Lcasc (tht "Fimt Amendment ") is made and entered into this let day ofluea:20.13; by and:b�tuvecn t1 Cary e# Alaska ( the "CEy �.'a political subdivision of the State of Alaska, and.. .^ttCfe f t a� I< Pit c5 . (the "Airline "), a corporation organized. And oisting under the laws 'oftheStawof AjsiiZ and:authorizedto.do hnsiness in.theState afAlaska RECITALS. Iite cir ar�ces stutotinding tik mak4lg ofthis Fast Amandt tit areas follows: A, City and Airline are parties to the Airline Operating Agreement and Terminal Area Lease (the "Agreemem'j dated: June 1,'2008;;underwhichAirline :operates an Air Ttattspottation busaieas:and leases property at the Kenai Municipal Airport- B. B. Fursuanrto Se0ian12M ofthe.Agmbmettt, the, Agfeament may tie amended in whole or in pat without Anther consideration upon mutual.writ ten consent 4fC4 and _Airline who' bbth hereto wish to amend the Agreement C. Furstmtto Section 2.1 oftbe AgFeemmt, the term began on June 1, 200$ and continued for a consecutive sixty (60) month.:prdod thereafter. D. Pursuant to Section 5:2 of the Agreement, the bmdingToe charges shall f ib based on the rats and wnount then outrertly approved by the City'as provided in 8xhibit C. a. P=Aat to Section 5.3 ofthe Agreemem >.rentals for the AkIlne's Exclusive Uvv Space•and Joint ' Use Space shall be based on the rate and amount then currently apprpved by iht Cit y as provided in Blibit C. F: Pursuant [o: 5ecticn Se4.o>i'khe P.greetuettt,. [tie Terminal Apmn Airereit Perlong:atul t3SE.Space rentals shall be based on the :rate .and amount then eurrently: approved by the City as provided inExhibit C. Not An=dm=- Airline Operating LESSOR Agmanm tend Terminal Area Lease Page 1 of S T.�CCpC,� I Page 113 of 210 05/08/2013 21:48 9077812280 LAKEANDPENAIR PAGE 03/09 MENTS L See= 2:1 oftheAgreezncnt is amended to teatl;inits entiretyas 6oROWS. Tie term of this Agreement (tile " iWr shall Begin on June 1, 2013 ( "Commencement Date") and shall ternoinate in sixty (60) consecutive months thereafter (except as it ray be terminated or extended in accordance with this Agreament)� and the retools; fees, and charges shall:be effective on the Commencement Date, but, only in the Went that the. Freanises are then:tendered:to Airline ready for use and 000upaney:in accordance with the tenon and provisions; of this Agreernenf. 2. Any, refOrence tal3xiubits A aid B in the Agreement Or this First Amendmeotshall'meatt tlit Exhibtts.A and B,ihich are.attached to tits First .Amendment and incorporated herein by rewrnnce. ..3- MW reference to Exln'6it C, "Calf 3t1On afTerW1rdd Rent, Apron Space Rtnt and Iandiag Pees' in tiu Agreement or this First Amendment shall mean the Exhibit C which is attaohed to this First Amendment and incorporated harein by reference, including sit notes 'to -did Exhibit C. 4 Section 5.2.4 of ttio AgraemenOs amended to read in its eptirety as'follotvs: Airline shall pay to the City within dihty (30):days following the end of each,month, without demand or invoicing, landing:* charges: for aircraft landings for the preceding month at the rate.and in the :amount then currently approved. by the City as provided in Extitin't C - Airline Rate'Schodule. Par each year of the Agreement, the terntioalren el rate well be based .on the previous year'$ rare$ inereasod'by the percentage ofthe increase in':the U.S, Bureau of labor Statistics (BLS) Consumer. Price index (CM).1for;'AD Urban Consumers- Anchorage Metropolitan SO&W Area (MSA). 5. Section 5.31 of the Agmemftg: is. amended to. read, in its entirety As.follows: Airline shall pay to the City in. advance,onthe. first day of each month, withdut demand or mvat 'rang, rentals for .Airl&te.'s Exclusive Use Space and Joint Use Space at the rate and in the amount then. currently approved by the City as provided in Exhibit C - Airline hate Schedule. For each yVarof the Agreement, the terminal rental rate wjq lie based on the previous year's rentatrates increased by tha pereentage of the : inerease in the BLS CPI fox Alt Urban Consumers - Anchorage MSA. Fmt:Amendmept. Air iae Opu!S - 't'ESSOR� pgtrrmsntereTTermineiAcea:Tzase Page3of 5 Page 114 of 210 05108/2813 21:48 9077812280 LAKEANDPENAIR PAS 04/09 6. Section 5.4 of the Agreemetd is amended to read in its Fruity as. ioilowX Airline sitali. pay to the City in advance, on the first day of each month, Withotit:demand or, invoicing, rentals for Alriit S use of theaermivat apcott space for the parking: of aircraft and the storage of- ground service equipment(GSE) at the rate and imthe amount then currently approved by the City as. provided :k ElA ibh C - Airline Raft Sghedule. For each year of the.Agreemerit the terminal apron aircraft parkiirg rental rate and the GSE storage space rental rate wiU be based on the previous year's rectal rates inoreesed by the percentage oftlic inoresse in the BLS CPI for All Urban Consumers:- Anchorage MSA .7. Ue terms of the Agreement shall continue In full force and effect except as modified by ft First..Amendment. FirstAnundnimiit- AirUnt Operspng Agreement wd TemdM Area Lease fte3 of Page 115 of 210 05/08/2013 21:48 9077912280 LAKEANUPENAIR PAGE 05/09 TAI'S'Yn 7aSS WHEREOF, the parties <heredx have hpmunw set their hand's, the day and year stated in the individual aoknowledgatants below. CITY OF KWAI By, Rick K.)t9eh ,City.iv m*99r . 2Satiie - Titic G � a (If I mee is a Corperatim) . ATTEST: ?aiatne and Title STATEOFALASKA )` THIRD::AMICIAL DISTRICT L T198ISTOCERTIFYthatondds dayof. mq.U2d13, yaante) :UW- xI.UL, Sr lc(ItlUd)ofQWagy0 PA -3 , being peisoaallylmovm to me, or having prod uced.satisfaetoty evidence,of identification; appeared before aw and ar;mowledged the voiUtitaryand authorized wmution ofthe ioregoidgJhsUume>n on behalf of said Corporation. vy�ORr�i R y otaryZblie for Alaska r , , MY Commission expires:: l.- t2. FirstAmendmeat- Aicilne 0pvat uSR . Agim a`tand T rmina( Area Leave Psge 4 of 5 , Gi:95i:E.�it Page 116 of 210 Page 117 of 210 05108/2019 21:48 9077612260 LAKEANDPENAIR PAGE 09109 EXHIBIT C AIRLINE)3ATESCPIEDULE KENAI'MUNICIPAL AIRPORT City of Kenai; Alaska oi.Jun is, FxhQr2atsAt.t23 ' Calwlation :of Terminal Rant; Aprori bpace'Rent and landing Fees (4) f 14 Tamdrial Rent (s) (b) (e) (s>x(Mx(PT . Projegad . Area. Descri Non Exdlusiva usd space dolnt usa space' &aggagemake -up area Bgggaga orsakdown area Bagpaga claim area passenger hoidraom, anivatand departurehalhvaye TotalTorminal Rent Teiminai. Apron Aircraft Paddng & GSE Speoa Rent landing Fees Aqua) UNAzation Ad)u*,d Square Adjualmem Square Feet jgj. Feet �44 $ I 544 2,400 88:29 °h 1,839 No 8a.M 858 1,200 68.29% 819 Square Base Rental Enplarlement RatefpsfpY) Perc�rRa e. $30.44 - $ I $19.45 0.52% 519:48' 0.52% - $30.44 0.52VAI Rental Rate Fee NOTES: MSA CPI fnr 2015 thN 2018 (1) Rends and fees are schaduled.w Inereese bylhe 9LS Anchorage years ofthe agreement (2) Tne Utilization Adjustment Is based on the sgaara footage of leased. Exclusive Use Space divided by thatotal sgoate footage that is avaliable td lease (1698. sf / 2484 sf = 68.29 %). (3) Airc aft landed weights ataestimated. Actual landing "a are to be based on actual weight FrstAmendment- Aidine Operating Agreem®nt and.Te nlnal Area Lease page 3 of 3 Page 120 of 210 Lending. LESSOR LESSEE k; L LA /. Suggested by: Administration \\ th,-ly ­/ // CITY OF KENAI KENAALASKA RESOLU'T'ION NO. 2013 -31 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE FIRST AMENDMENT TO THE AIRLINE OPERATING AGREEMENT AND TERMINAL AREA LEASE AND AUTHORIZING THE CITY ENTER INTO SUCH AGREEMENT WITH ERA AVIATION, INC. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, the administration working with an airport consultant has developed an amendment to the current airline operating agreement and terminal area lease; and, WHEREAS, the airline operating agreement and terminal area lease has modernized the airport airline terminal leasing procedures and policies and increased airport operating revenue; and, WHEREAS, the administration has consulted with the three regularly scheduled passenger airlines currently operating at the Kenai Municipal Airport regarding the agreement; and, WHEREAS, non - signatory airlines operating out of the passenger building will pay an additional 30% for landing fees than signatory airlines; and, WHEREAS, it is in the best interest of the City of Kenai to authorized the City Manager to enter into such agreement with Era Aviation, Inc., on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: 1) the Kenai City Council approves the First Amendment to the Airline Operating Agreement and Terminal Area Lease form as shown in Exhibit 1; and 2) the Kenai City Manager is authorized to enter into such agreement with ERA Aviation, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 121 of 210 nay 305wweiowsr.3urrEam KE,a,a"Wcn 9ae,1 TEUNNOWWW483MI Airport FAX 887,2833737 Memo �To: Rick R. Koch — City Manager From: Mary L. Bondurant - Airport M r Date: May 7, 2013 Subject: Resolution 2013 -31- First Amendment to Airline Operating Agreement & Terminal Area Lease Attached to this memo is the First Amendment, to the Kenai Municipal Airport Airline Operating & Terminal Area Lease signed by Era Aviation, Inc., for City Council approval and Administration execution. The current agreement which has been in place since June 1, 2008 expires on May 31, 2013. During the past several months, Airport and City Administration, along with Steve Horton of Liebowitz & Horton, evaluated financial costs associated with Airport operations. Based on this evaluation, an amendment to the current agreement was successfully negotiated with a 5% rate increase from 2013 to 2014 and each year following an increase for the term of the amendment will be limited to CPI adjustments. I recommend approval of this first amendment to the airline operating agreement. Please contact me if you have any questions. Attachments www.d.kenai.ak.us. Page 122 of 210 6' I' to 1" �c i.. e . IE THi;S PWT AWNDMEN� tii ":iii6Kdiat`lY uniB al A¢ tdtt Auliite Qperat Agrdmnetwaud Terminal Area Lease t(zC "P et.1St+>mad[netlt "} is. tt�a¢eend.oriterod ialio #h%s St day ofluno, 2013, by and between the Ci of Kenai .Aiaslca.Oho "City l a poaks, Subdivision of the State of Alaska, and Era .. tfhe "?rcLno"), acbrparslic orpnlz6dandexisthigundertbelaw softlie.State:oi and_adthOOoltndto business ul the State ofAlaska. RECITA" The cjro(n�staneps: urtovniiingdia trfakin$'of" Pirst:Atuenftent areas MdwM, :A. "'Cftyantl A�ilria ares;to the,�kicli�te: ©Peretirig r�greetnen� and�ertniiml.�4rea Lease (tile "AV" dattr� )une 1; �(iQB; undt#;Vvltich.AttHee O.p etetes an Ah: Tr portafivn busine9s :atid:leasca pWp=*at Ehe Kenai;muWokW Aitp r4 8: Pumtmmt *o Swoon 1.2.311 ofthe Agreetitsnb the A$fceW tt`ruay l b6mc6ded itr whole or in part without f}uthevconsi3erstion upors.{iustaal.wriCke>Z- eansent of City and Alrtiiie wfio "both lWeinvrish to arnen&the,Agreement. C. Pursuant to Seal n 2_ i of the M. re nmot;;tf+e term f egWol. Mme 1, {Il1$.atttJ. eotltinued for-. wosoouttwe.AbOy (60) tAonthP6dedAereaiter. t1: Pursuant:#o" SectsRst � � ofthe ABrcemeat; ;thC:Iamiiag F'ce ehar$es aifati be liasail.on tEe r'ste.ittid amount then cu mtlyupptoved by the provided in >WnbiM B. Pursuant to Section; ,3 of t}ie Agceemgnt, rentals ibr the Airline's i?icclusive: [)se $pace adil lDart ilsc Space shali;be bsaodon the rate aad atwuat1hah eurresrtly approyedby' -the: City as psovtded in RX144 .0 �. pur.Stlant CO':5 GSE Spaeezgmals:shall proyi6d'in EaeINt C, F,irstAmsadinent�A3iiine OavaNeg .( tgremaieiYtnudTsrfnie4lAreA .E+4dtG Pagl114F�5 Page 123 of 210 LESSOR LESW)3 rin AMENDMENTS k SecttonZsloftheAgrcemcntisanraended. totcad,� :itsentitetyas:follows. The:xerm of this AgrceitleritOe'left' ) �ds11'.Etogm on. Iftt' L 7A i.4 ("Ooxrt+neneemeht Date") ead shaft twnitt* in sixty (io) annWutive xttnnths thereaifter (except as it'may be torn inated or cataW.od ihaoodrdance vsn'f iibis Agreemett , acid the rentals, fees; and. charges shall be offlr sreoar tb4 t aoenient Date. liar y n the event that the Premises: are then teadorod to Amine ready f'ox use and oaoupaney in acaordanco vt(th tia0: terids aufl}�rovisioiis oflbis A,grecment. 2. Any reference ttr Bhdbfts A and:9 in the. Agroonotd :orthfs rrst AmendM"t.shO Mean the kraihibits A and:.8 which are: attached.to lhis Rhst•Amendmcnt and:mcarporated er!ein by wAQrem. 3. Any rbferch Yp Etdiibit Q "Caleutat U oMnn"rial Rent, Apron Space Rent and Landing FeW in the Agreemeut.er this Ilirst Amendment 4h'a1 nwah the Exbft C which it.attached to this First Amndme% au moot{ Omled'hare'W - :by`reference, WVding:AH 4. Section 544 oftho Agremnent is mnentied;ta read kf fis On'hrety -as follows: .Airlinesl?a11'paYto, the: Orfy.w ithin. t* W,(3tl).dbysibHowmg the: end ofbie ttiluaYh,. without demander invoicing, loding'%e charges for :i'mu l- landings for the preceding: month at:'the rate and in the aanoutit =then ettrren*. approvedbythc City as prwided:h ft,bRd C - A.irline Rata` Stifiadulo. >ror each y eer'a'Itho. re cram t, flit teruiinallrantal rate wig.be:bascd on- the - previous year's motes mctcased IaY ebe p oentaBe offt.in mam :in thgeUt ::Bureau ofLaborStatistibs. (BLS) Conewtraet Pr1ce Index (CPI) ft AU `Urban Q"$un 0ra,- Anchorage Metropoiltagtt.'StatfW041 AtCA (USA), 5; Section 5;3.1 of Agrtjen <�s a v6nded to:read.in -its entirety as. follows: kirLne : I'pny to the Cdy in advaracc on the 8rsWay: elf eaclum, or r, vvi*4 4001400 ;or-mvaicieig,: reh#e1s foi` Aallne's.Exelnsive Use Space atad,Iomt Ilse SPacc at -tlae rates+ :in the arnoant.tben corren..tly approved by the CO as provided id RAW 0— Atfra to iw r; iiuieilsed b} the percentage nfthd'lucrease:ih the :BLS-CPI �. �Sncfiorage ]vTSA. Fbm Anienamd -Auii ft opwwn8 Agxei:ificnt Teimi alAr4E4ese Fsv.' oz S Page 124 of 210 LESSOR_ Mssm 4. Sin 14 tit W) gas dW tO 0,W itr its tl*CW9s 6116W Ah�t�i sfiall�syxo the [ ihitdaa�ice� .daatraliist:d�ytst'eacii motttfi, w�thotit;dcti�and or'twoid* totals for Au h tise'of'thetennmai'apron space fgi'tlie. rking QI ainorsig -arid the storage o�ground,:sErviae °�ggipt�ie�tt �S�) etititsrage epd :m tii�atnd�un then ciirrtshtty appio`vcd by tha �itytas pmvliied m Exhibit C ,AgrNne Rata 5aheduie. Fitr.egGit yaat tsf�,Agreemedt, t�tennirial a�ran'�'eta#i parld�ag n:ptel -rate anti g[ie C3SEstoraga:space rend rage�all be`besed on tha ptevSv,4a l'eer's req'tal. i'a�b fwieCr,SStii bystiieperaeritage ofe itsansasu ui;the i3LS t rT'rar All tirbaa Canswxwre - Andtarage USA: �. 'f}'ie toxins of t A fruMoM shat) Cz 9t&ue'u iu$ -fOrce anctotibot: pt U inodifc b this iqrAAmodment. R>retAmeHdriieM �+vfite�Ra'dtiag: A$[Ze?!S�t Tolmtiiak-7 .5 [.p,@ae Pap 3 of..:5 Page 125 of 210 lmq WSS IAC th 411 WO yea .IN WrrM&WHERROF, the-pattieg hereto hevehereunto SO their hands; ' 0 Y� r- sWed in the lodiVidpal asd6 wledpftta below., QfLaSO 16 a Cdq)orition) AMM, WU?O:FALASKA TURD JUDICIAL DISTRICT to aamowileagg"he'voltinta said Corpotation. �O MSSOlk, CI,TYOFKENAII Ay, luck K:T W4 - Gayly w ger LESSEE: _�on �jbj� �4ay of'. 3ao�W4- 4 xetory evidence of identiftdldn, OPPe" 1'.160M MO and j-.-&uffiorl=d execution of ft.iorogoing Wwmeat on behalf of NOTAItY Nob, .?"c fbi Alaska Punic My!Com%NnOxpjraV-,ffAq--? W6 / AAR F First Ammdmad - MdW Oyersting - - Page 126 of 210 lmsok- kxSmzEjd,— STA'M.0.11 AIAW" `TkMD-AVdA-L,URMtT: TATS OLZIO zz6 abed Approvod Wce W C4YComeR Approved-as to Ima.-A m by MyAttonwy Approved by'Fkanva Dimtor POWMIM.- CWYA#Qmq. 1-,1-0,FWa*:Aw4 12,00. ldmx, m to me or bavir instrument -mi bebAlf. of sg)d pity.. s _ II p _ II II f° W J 1 U 0 o � Z II o J w I I 1 I I �r it rr it it �r Page 128 of 210 N ED J J W Q a b� U) W Q Q in N J Qa U U :D W W � a Y z Y f0 x W O U) CD J J W x K 0 W U Z I I 7 LL v, n J'4w e° ah -R Vi II Ip F c II v I p a A I Iv _ � R s _ II p _ II II f° W J 1 U 0 o � Z II o J w I I 1 I I �r it rr it it �r Page 128 of 210 N ED J J W Q a b� U) W Q Q in N J Qa U U :D W W � a Y z Y f0 x W O U) CD J J W x K 0 W U Z \� E 2 6 LL Yi I g a> a a EE I m Fr I isxes d \ aemueH wmpedA z e � I I a 1 to i'ssez 6e IKH.IGl.Ildj� A fi I rt m U m � m �~ m m m m !e rim m 3 �ll 9 5 A S / Page 129 of 210 U) CD w w n N-41 a- w a U `) w Q r z a o W m Y Q � W Y Co W z 0 co m ww 0 0 W 0 z w a 0 0 x I I � 0 I a •� � _ I I I IR l ` I I 3 �ll 9 5 A S / Page 129 of 210 U) CD w w n N-41 a- w a U `) w Q r z a o W m Y Q � W Y Co W z 0 co m ww 0 0 W 0 z EXHIBIT C AIRLINE RATE SCHEDULE KENAI MUNICIPAL AIRPORT City of Kenai, Alaska ENA_ExhC_2074_A1. 123 Calculation of Terminal Rent, Apron Space Rent and Landing Fees (1) Area Exclusive use space Joint use space: Baggage make -up area Baggage breakdown area Baggage claim area Passenger holdroom, arrival and departure hallways Total Terminal Rent Terminal Apron Aircraft Parking & GSE Space Rent Landing Fees Actual Utilization Adjusted Projected Square Adjustment Square Base Rental Enplanement 01- Jun -13 Rental 1,152 - 1,152 $30.44 - $35,065 2,400 68.29% 1,639 $18.45 70.92% $21;442 960 68.29% 656 $18.45 7092% $8,577 1,200 68.29% 819 $30.44 70.92% $17,690 1,824 68.29% 1,246 $30.4 70:92% $26,888 $109,662 ante Terminal Anron Soace Rent Square Rental Rate Landed Wgt Fee NOTES: (1) Rents and fees are scheduled to increase by the BLS Anchorage MSA CPI for 2015 thru 2018 years of the agreement. (2) The Utilization Adjustment is based on the square footage of leased Exclusive Use Space divided by the total square footage that is available to lease (1696 sf 12484 sf = 68.29 %). (3) Aircraft landed weights are estimated. Actual landing fees are to be based on actual weigh. First Amendment - Airline Operating Agreement and Terminal Area Lease Page 1 of 3 Page 130 of 210 Landing LESSOR LESSEE Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2013 -32 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE FIRST AMENDMENT TO THE AIRLINE OPERATING AGREEMENT AND TERMINAL AREA LEASE AND AUTHORIZING THE CITY ENTER INTO SUCH AGREEMENT WITH GRANT AVIATION. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, the administration working with an airport consultant has developed an amendment to the current airline operating agreement and terminal area lease; and, WHEREAS, the airline operating agreement and terminal area lease has modernized the airport airline terminal leasing procedures and policies and increased airport operating revenue; and, WHEREAS, the administration has consulted with the three regularly scheduled passenger airlines currently operating at the Kenai Municipal Airport regarding the agreement; and, WHEREAS, non - signatory airlines operating out of the passenger building will pay an additional 30% for landing fees than signatory airlines; and, WHEREAS, it is in the best interest of the City of Kenai to authorized the City Manager to enter into such agreement with Grant Aviation on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; that: 1) the Kenai City Council approves the First Amendment to the Airline Operating Agreement and Terminal Area Lease form as shown in Exhibit 1; and 2) the Kenai City Manager is authorized to enter into such agreements with Grant Aviation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 131 of 210 nai Mu Memo "Serv4Wd1&Qrmter Kemt,& Pent na+.cW XMIL NU AIMSUrTEM KOW,A"S" WWII TH ff*1WE9W 2817951 FAX 9872853W To: Rick R. Koch — City Managei From: Mary L. Bondurant - Airport Date: May 7, 2013 Subject: Resolution 2013 -32 - First Amendment to Airline Operating Agreement & Terminal Area Lease Attached to this memo is the First Amendment, to the Kenai Municipal Airport Airline Operating & Terminal Area Lease signed by Grant Aviation, Inc., for City Council approval and Administration execution. The current agreement which has been in place since June 1, 2008 expires on May 31, 2013. During the past several months, Airport and City Administration, along with Steve Horton of Liebowitz & Horton, evaluated financial costs associated with Airport operations. Based on this evaluation, an amendment to the current agreement was successfully negotiated with a 5% rate increase from 2013 to 2014 and each year following an increase for the term of the amendment will be limited to CPI adjustments. I recommend approval of this first amendment to the airline operating agreement. Please contact me if you have any questions. Attachments www.ci.kenai.ak.us. Page 132 of 210 FIRST AMENDMENT TO THE KENAI MUNICIPAL AIRPORT AIRLINE OPERATING AGREEMENT AND TERMINAL AREA LEASE THIS FIRST AMENDMENT to the Kenai Municipal Airport Airline Operating Agreement and Terminal Area Lease (the "First Amendment ") is made and entered into this 1 st day of June, 2013, by and between the City of Kenai, Alaska (the "City"), a political subdivision of the State of Alaska, and 6 rc- -F (the "Airline "), a corporation organized and existing under the laws of the State of o '« and authorized to do business in the State of Alaska. RECITALS The circumstances surrounding the making of this First Amendment are as follows: A. City and Airline are parties to the Airline Operating Agreement and Terminal Area Lease (the "Agreement ") dated June 1, 2008, under which Airline operates an Air Transportation business and leases property at the Kenai Municipal Airport. B. Pursuant to Section 12.20 of the Agreement, the Agreement may be amended in whole or in part without further consideration upon mutual written consent of City and Airline who both herein wish to amend the Agreement. C. Pursuant to Section 2.1 of the Agreement, the term began on June 1, 2008 and continued for a consecutive sixty (60) month period thereafter. D. Pursuant to Section 5.2 of the Agreement, the Landing Fee charges shall be based on the rate and amount then currently approved by the City as provided in Exhibit C. E. Pursuant to Section 5.3 of the Agreement, rentals for the Airline's Exclusive Use Space and Joint Use Space shall be based on the rate and amount then currently approved by the City as provided in Exhibit C. F. Pursuant to Section 5.4 of the Agreement, the Terminal Apron Aircraft Parking and GSE Space rentals shall be based on the rate and amount then currently approved by the City as provided in Exhibit C. First Amendment - Airline Operating Agreement and Terminal Area Lease Page I of 5 Page 133 of 210 LESSOR LESSEE AMENDMENTS Section 2.1 of the Agreement is amended to read in its entirety as follows: The term of this Agreement (the "Term ") shall begin on June 1, 2013 ("Commencement Date ") and shall terminate in sixty (60) consecutive months thereafter (except as it may be terminated or extended in accordance with this Agreement), and the rentals, fees, and charges shall be effective on the Commencement Date, but only in the event that the Premises are then tendered to Airline ready for use and occupancy in accordance with the terms and provisions of this Agreement. 2. Any reference to Exhibits A and B in the Agreement or this First Amendment shall mean the Exhibits A and B which are attached to this First Amendment and incorporated herein by reference. 3. Any reference to Exhibit C, "Calculation of Terminal Rent, Apron Space Rent and Landing Fees" in the Agreement or this First Amendment shall mean the Exhibit C which is attached to this First Amendment and incorporated herein by reference, including all notes to that Exhibit C. 4. Section 5.2.1 of the Agreement is amended to read in its entirety as follows: Airline shall pay to the City within thirty (30) days following the end of each month, without demand or invoicing, landing fee charges for aircraft landings for the preceding month at the rate and in the amount then currently approved by the City as provided in Exhibit C - Airline Rate Schedule. For each year of the Agreement, the terminal rental rate will be based on the previous year's rates increased by the percentage of the increase in the U.S. Bureau of Labor Statistics (BLS) Consumer Price Index (CPI) for All Urban Consumers - Anchorage Metropolitan Statistical Area (MSA). 5. Section 5.3.1 of the Agreement is amended to read in its entirety as follows: Airline shall pay to the City in advance, on the first day of each month, without demand or invoicing, rentals for Airline's Exclusive Use Space and Joint Use Space at the rate and in the amount then currently approved by the City as provided in Exhibit C - Airline Rate Schedule. For each year of the Agreement, the terminal rental rate will be based on the previous year's rental rates increased by the percentage of the increase in the BLS CPI for All Urban Consumers - Anchorage MSA. First Amendment - Airline Operating Agreement and Terminal Area Lease Page 2 of 5 Page 134 of 210 LESSOR LESSEEG« 6. Section 5.4 of the Agreement is amended to read in its entirety as follows: Airline shall pay to the City in advance, on the first day of each month, without demand or invoicing, rentals for Airline's use of the terminal apron space for the parking of aircraft and the storage of ground service equipment (GSE) at the rate and in the amount then currently approved by the City as provided in Exhibit C - Airline Rate Schedule, For each year of the Agreement, the terminal apron aircraft parking rental rate and the GSE storage space rental rate will be based on the previous year's rental rates increased by the percentage of the increase in the BLS CPT for All Urban Consumers - Anchorage MSA. The terms of the Agreement shall continue in full force and effect except as modified by this First Amendment. First Amendment - Airline Operating Agreement and Terminal Area Lease Page 3 of 5 Page 135 of 210 LESSOR LESSEE IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI By: Rick K. Koch - City Manager LESSEE: /I/ 1 U Pd✓I4 i-1 jc! - f /U,Jl, /nay By: � e' (� Name - Title A `C —'a Pre$ i ci'2 xr (If Lessee is a Corporation) ATTEST: Name and Title STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that oil this A day of 1 , 2013, 9 16T44 c He (name), 7 r ae tlj (title) of 6rz u f � being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. STAfi, OF ALASKA NOTARY PUS31-1C R <: �tv6vxtb Al wrunwdon F�q�kee &fir 23.2016 Notary Public for Alaska de My Commission expires: J 7 fv? 31116 First Amendment • Airline Operating LESSOR Agreement and Terminal Area Lease Page 4 of 5 LESSEE &, Page 136 of 210 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that on this _ day of 2013 RICK K. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission expires: Approved by Kenai City Council Approved as to lease form by City Attorney 5 Approved by Finance Director Approved by City Manager Return to: City Attorney 210 Fidalgo Ave, Kenai, AK 99611 Fast Amendment - Airline Operating Agreement and Terminal Area Lease Page 5 of 5 Page 137 of 210 LESSOR LESSEE - R A I ;;a� R s !x �gjzR a R LL. g� c a 7 (I 17 A � A o R Im a E3 I n W J p � U O —� o z cn R If z I I ❑ I a •�I � I � I, I I I I � l I I m \ I I R I i fl ' I 1 �1 I A I � .f Jr. �1 Page 138 of 210 w uwi J J W Q a o LJ EL acne, J U - j W z w Q Y z W ~ Y CO X W z O Cl) m J J w H w 0 U W U 2 W n a n LL N S mg rn m q BLS I� R j Ae"IeH emNedep I I j S BeL ° Re It 18MAV R I R I lO 7 Vm A m m R Rc _ R iA� R S� R F.i9 [mill 0 O p c Q B U II o —�1 0 ' N • K I� Z I x lI U / % t H I I I I I E r� �I a !/ s s Page 139 of 210 ir W O W 10cn J J I � a O N Q- T W a Q I` U Z Q j � Z m y Z Y m X W Z O cn m J W 0 U W U Z EXHIBIT C AIRLINE RATE SCHEDULE KENAI MUNICIPAL AIRPORT City of Kenai, Alaska ENA ExhC 2014 A1.123 01- Jun -13 Calculation of Terminal Rent, Apron Space Rent and Landing Fees (1) Grant Aviation 2014 Terminal Rent 68.29% 1,639 $18.45 28.56% (a) (b) (c) (a)x(b)x(c) 656 Allocated Utilization Adjusted $3,454 Projected 1,200 Area Square Adjustment Square Base Rental Enplanement Rental Description Feet 2 Feet Rate s - Percentage Amount Exclusive use space 544 - 544 $30.44 - $16,559 Joint use space Baggage make -up area 2,400 68.29% 1,639 $18.45 28.56% $8,635 Baggage breakdown area 960 68.29% 656 $18.45 28.56% $3,454 Baggage claim area 1,200 6829% 819 $30.44 28.56% $7,124 Passenger holdroom, arrival and departure hallways 1,824 68.29% 1,246 $30.44 28.56% $10,828 Total Terminal Rent $46,600 2014 Terminal Apron Space Rent Allocated Apron Square Rental Rate Space Feet s Rent Terminal Apron Aircraft Parking & GSE Space Rent 5,712 $0.46 $2,634 Landed Wgt Fee I Landing Landing Fees NOTES: (1) Rents and fees are scheduled to increase by the BLS Anchorage MSA CPI for 2015 thru 2018 years of the agreement. (2) The Utilization Adjustment is based on the square footage of leased Exclusive Use Space divided by the total square footage that is available to lease (1696 sf / 2484 sf = 68.29 %). (3) Aircraft landed weights are estimated. Actual landing fees are to be based on actual weight. First Amendment - Airline Operating LESSOR _ Agreement and Terminal Area Lease Page 2 of 3 LESSEE _ Page 140 of 210 Suggested by: Administration CITY OF KENAI NO. 2013 -33 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES FOR CHANGES TO KENAI MUNICIPAL AIRPORT LANDING FEES AND TERMINAL RENTS PER AMENDMENTS TO THE AIRLINE OPERATING AGREEMENT TO BE EFFECTIVE JUNE 1, 2013. WHEREAS, The Kenai Municipal Airport Airline Operating Agreement that was originally adopted by Resolution 2008 -27 has been amended to extend the term of the agreement period through May 31, 2018 with an increase in terminal exclusive and joint space rental rates and landing fees of 5% effective May 1, 2013 and annual increases equal to the percentage of the increase in the U.S. Bureau of Labor Statistics (BLS) Consumer Price Index (CPI) for All Urban Consumers — Anchorage Metropolitan Statistical Area (MAS) for each subsequent year of the agreement; and, WHEREAS, amendment to the Airline Operating Agreement involved negotiations with the current airlines, ERA Aviation, Grant Aviation, and Lake & Peninsula Airline, all of which have agreed to these amendments; and, WHEREAS, amending the City's Comprehensive Schedule of Rates, Charges, and Fees to reflect the amendment to the Airline Operating Agreement is in the best interest of the Kenai Municipal Airport and the Citizens of Kenai. 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" section to: AIRPORT FEES 21.05.085 Fuel Flowage Fee per gallon $ 0.02 APX - Airport Regulations Aircraft Parking Fees 6.05.070 (c) - transient, under 4,000 lbs. 0 - 4 hrs. FREE 6.05.070 (c) - transient, under 4,000 lbs. over 4 hrs $ 5.00 6.05.070 (c) - transient, 4,001 - 25,000 lbs per day $ 25.00 6.05.070 (c) - transient, 12,501 - 100,000 lbs 0 - 4 hrs $ 50.00 6.05.070 (c) - transient, 12,501 - 100,000 lbs over 4 hrs $100.00 6.05.070 (c) - transient, 100,001 lbs and over. 0 - 4 hrs $100.00 6.05.070 (c) - transient, 100,001 lbs and over and over 4 hrs $200.00 New Text Underlined; [DELETED TEXT BRACKETED Page 141 of 210 Resolution No. 2013 -33 Page 2 of 3 Landing Fees 14.05.010(a)(2) Signatory per thousand pounds [ $ 1.461 1.53 Non - signatory per thousand pounds exempt -- float planes, test landings due to mechanical 14.05.010(b)(2) or weather, government aircraft [ $ 1.901 $2.00 Tie -down Fees, General Aviation Paved Areas - wheels, per month $ 40.00 - wheels, pet year $360.00 - wheels, w/ electric per month $ 60.00 - wheels, w/ electric per year $420.00 Gravel Area - wheels /skis, per month $ 40,00 - wheels /skis, per year $360.00 Float Plane Basin, Private -daily $ 5.00 - monthly $ 40.00 - season -- May to October $250.00 - floats /wheels per year $350.00 - floats /wheels /skis per year $360.00 - floats /wheels w /electric per year $420.00 Float Plane Basin, Commercial -daily $ 10.00 - monthly $ 50.00 - season -- May to October $300.00 - floats /skis /wheels $450.00 - monthly w /electric $ 75.00 - season w /electric $550.00 Terminal Building Rent -- Fxclusive Space - signatory - per square foot per year ( $ 29.001 $30.45 - signatory -- arrival hallway, departure hallway, passenger hold room & baggage claim area (per square foot per year) [$29.001 30.45 Terminal Building Rent -- Joint Use Space - signatory -- baggage make up area (per square foot per year) [ $17.571 $18.45 - signatory -- baggage break down area (per square foot per year) [ $17.571 $18.45 - non - signatory terminal rates 30% higher Vehicle Parking Fees at Terminal -short term 0 - 2 hours FREE -24 hours $ 5.00 - annual permit 500.00 Vehicle Parking Fees at GA Lot - calendar day $ 2.00 - annual permit $300.00 Business Activity & A rport Access Permit - mechanic access (per each) $ 25.00 - fueling access (annual) $100.00 - dispensing fee (per gallon) $ 0.02 -water extraction access (annual) $ 25.00 New Text Underlined; ]DELETED TEXT BRACKETED] Page 142 of 210 Resolution No. 2013 -33 Page 3 of 3 -float plane parking apron (annual) $ 25.00 - Deposit /replacement proximity card fee (each) $100.00 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Resolution shall be effective on June 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance:_ New Text Underlined; ]DELETED TEXT BRACKETED] Page 143 of 210 I;e:n ai 305 N. NMl.OW ST. SUITE 200 1031N, ALASKA 99611 TELEPHONE 907411137851 icipal Airport FAX 9072833= Memo To: Rick R. Koch — City Manager Terry Eubank — Finance Director From: Mary L. Bondurant - Airport Map Date: April 29, 2013 Subject: June 1, 2013 — Increase to Airport Landing Fees & Terminal Rent The City and Kenai Airport are entering into a new five -year amendment to the current airline operating agreement. This first amendment schedules a 5% increase to landing fees and terminal area lease rates effective June 1, 2013. I recommend increasing the landing fees and terminal area lease rates by 5 %. The amendment also continues the Non - Signatory landing fee and terminal area lease rate that is thirty percent (30 %) higher than Signatory rates. Please contact me if you have any questions. www.ci.kenai.ak.us. Page 144 of 210 Suggested by: Administration CITY OF KEMAI NO. 2013 -34 A RESOLUTION OF THE COUNCIL OF CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANFER WITHIN THE GENERAL FUND PARKS, RECREATION AND BEAUTIFICATION DEPARTMENT FOR OVERTIME AND LEAVE IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, the Parks, Recreation and Beautification overtime and leave account are depleted due to employee cash -in of hours and high percentage of overtime occurring during the 2012 dip net fishery; and, WHEREAS, in order to provide the community with adequate services, overtime expenses were incurred during the dip net fishery and throughout the winter removing snow from City sidewalks at City Hall, Visitors & Cultural Center and Kenai Library; and, WHEREAS, there are sufficient funds in the Parks, Recreation, and Beautification Salaries account to supplement the Overtime and Leave accounts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund - Parks, Recreation & Beautification From: Salaries $12 400 00 To: Overtime $ 8,500.00 Leave 3.900.00 $12.400.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15s+ day of May, 2013. ATTEST: Sandra Modigh, City Clerk ff Approved by Finance:' Z PAT PORTER, MAYOR Page 145 of 210 M "Villaye with a Past, C# with a Future �� 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tllll 1991 MEMO: �TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: May 9, 2013 SUBJECT: Resolution 2013 -34 Authorizing a budget transfer within the General Fund Parks, Recreation and Beautification Department for Overtime and Leave Purpose of this correspondence is to recommend a budget transfer within the Parks, Recreation and Beautification Department to supplement the Overtime and Leave accounts. A large amount of overtime was incurred throughout the dip net fishery last season. Factors contributing to the overtime hours were attributed to the fee shack operation, particularly when the fishery hours were extended, and raking of the beach during off - hours. We also had some overtime over the course of this past winter removing snow from various City sidewalks, namely at City Hall, Library and Visitors and Cultural Center. There are sufficient funds in the Parks, Recreation and Beautification Salaries account to cover this transfer. Page 146 of 210 Suggested by: Administration CITY OF KENAI KUM ALASKA RESOLUTION NO. 2013 -35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY ENTER INTO AN AIRLINE OPERATING AGREEMENT AND TERMINAL AREA LEASE WITH LAKE AND PENINSULA AIRLINES INC. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, the City Council previously approved the Airline Operating Agreement and Terminal Area Lease by Resolution No. 2008 -27 for ERA Aviation and Grant Aviation; and, WHEREAS, Lake and Peninsula Airlines, Inc. has requested to operate out of the Kenai Municipal Airport and has agreed to the Airline Operating Agreement and Terminal Area Lease; and, WHEREAS, the administration recommends that this resolution be passed; and, WHEREAS, it is in the best interest of the City of Kenai to authorized the City Manager to enter into such agreement with Lake and Peninsula Airlines, Inc. on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai City Manager is authorized to enter an Airline Operating Agreement and Terminal Area Lease with Lake and Peninsula Airlines, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 150, day of May, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 147 of 210 Memo , 395ALMLOW$T.SUITE290 KMAI6ALASKA99911 7t3@4OW 9m-263-7951 FAX 9972833737 To: Rick R. Koch — City Manager - From: Mary L. Bondurant - Airport Ma er' Date: May 7, 2013 Subject: Resolution 2013 -35 Lake and Peninsula Airlines, Inc., - Airline Operating Agreement & Terminal Area Lease Attached is the Kenai Municipal Airport Airline Operating & Terminal Area Lease signed by Dave and Jacque Wilder, Owners, Lake and Peninsula Airlines, Inc., for City Council approval and Administration execution. Lake and Peninsula Airlines, Inc., would like to operate a scheduled air service out of the Kenai Airport. All documents required by the agreement have been submitted; certificates of insurance, a 3 -month deposit check, and payment for terminal rent for 2 -weeks in May 2013. The Wilders are aware that this agreement expires on May 31, 2013 and the City will have an amendment to this agreement that will be effective June 1, 2013. I recommend approval of the airline operating agreement to Lake and Peninsula Airlines, Inc Please contact me if you have any questions. Attachments www.ci.kenai.ak.us. Page 148 of 210 KENAI CITY COUNCIL — REGULAR MEETING MAY 1, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on May 1, 2013, in City Hall Council Chambers, Kenai, Alaska. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Mike Boyle Terry Bookey comprising a quorum of the Council. Also in attendance were: Rick Koch, City Manager Scott Bloom, City Attorney Corene Hall, Deputy City Clerk "Austin Daly, Student Representative 3. Agenda Approval MOTION: Ryan Marquis, Vice Mayor Robert Molloy Brian Gabriel Vice Mayor Marquis MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Vice Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Page 149 of 210 Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. *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. B. SCHEDULED PUBLIC COMMENTS — None. C. UNSCHEDULED PUBLIC COMMENTS — None. D. PUBLIC HEARINGS 1. Ordinance No. 2688 -2013 — Amending the Kenai Municipal Code Sections 14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010 Land Use Table to Allow Unoccupied Accessory Structures to be Placed, by Conditional Use, on Residential Parcels that do Not Have a Main Building or Use if the Same Owner Owns an Adjacent Parcel. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2688 -2013 Amending the Kenai Municipal Code Sections 14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010 Land Use Table to Allow Unoccupied Accessory Structures to be Placed, by Conditional Use, on Residential Parcels that do Not Have a Main Building or Use if the Same Owner Owns an Adjacent Parcel. Council Member Marquis SECONDED the motion. Mayor Porter opened the floor for public hearing. With no one wishing to speak, the public hearing was closed. VOTE: YEA: Molloy, Marquis, Boyle, Porter, Bookey, Gabriel NAY: "Student Representative Daly: YEA PASSED UNANIMOUSLY. 2. Resolution No. 2013 -21 —Authorizing the Purchase of a New 2013 Ford F -150 from Kendall Ford of Wasilla for the Total Amount of $20,205. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2013 -21 Authorizing the Purchase of a New 2013 Ford F -150 from Kendall Ford of Wasilla for the Total Amount City of Kenai Council Meeting Minutes Page 2 of 10 May 1, 2013 Page 150 of 210 of $20,205 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public hearing. With no one wishing to speak, the public hearing was closed. VOTE: There being no objections, SO ORDERED. 3. Resolution No. 2013 -22 — Awarding a Contract for the Construction of Central Heights Subdivision Roadway and Lighting Improvements to Alaska Roadbuilders, Inc for an Estimated Total Cost of $449,125. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2013 -22 Awarding a Contract for the Construction of Central Heights Subdivision Roadway and Lighting Improvements to Alaska Roadbuilders, Inc for an Estimated Total Cost of $449,125 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public hearing. With no one wishing to speak, the public hearing was closed. VOTE: There being no objections, SO ORDERED. 4. Resolution No. 2013 -23 — Authorizing a Budget Transfer within the General Fund Streets Department for Over Time in Excess of Budgeted Amounts. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2013 -23 Authorizing a Budget Transfer within the General Fund Streets Department for Over Time in Excess of Budgeted Amounts and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public hearing. With no one wishing to speak, the public hearing was closed. VOTE: There being no objections, SO ORDERED. 5. Resolution No. 2013 -24 — Authorizing a Budget Transfer within the General Fund Buildings Department. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2013 -24 Authorizing a Budget Transfer within the General Fund Buildings Department and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public hearing. With no one wishing to speak, the public hearing was closed. City of Kenai Council Meeting Minutes Page 3 of 10 May 1, 2013 Page 151 of 210 VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2013 -25 — Authorizing a Budget Transfer within the General Fund - Fire Department for Expenditures Related to the Repair of City Airport Equipment. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2013 -25 Authorizing a Budget Transfer within the General Fund - Fire Department for Expenditures Related to the Repair of City Airport Equipment and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public hearing. With no one wishing to speak, the public hearing was closed. VOTE: There being no objections, SO ORDERED. 7. Resolution No. 2013 -26 — Authorizing a Budget Transfer within the General Fund - Land Department for Survey Costs Related to the Purchase of Well Radius Property for the City's Public Water System. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -26 Authorizing a Budget Transfer within the General Fund - Land Department for Survey Costs Related to the Purchase of Well Radius Property for the City's Public Water System and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public hearing. With no one wishing to speak, the public hearing was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of April 17, 2013 2. *Work Session of April 22, 2013 All meeting minutes were approved by the consent agenda. F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. City of Kenai Council Meeting Minutes Page 4 of 10 May 1, 2013 Page 152 of 210 VOTE: There being no objections, SO ORDERED. 2. Action /Approval — Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 3. Discussion — Schedule Evaluations for the City Clerk, City Attorney and City Manager Council requested this be placed on the agenda for the June 5 Council meeting. 4. Action /approval — Special Use Permit for Copper River Seafood Dock Operations. MOTION: Council Member Bookey MOVED to approve the Special Use Permit for Copper River Seafood Dock Operations and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 5. *Ordinance No. 2689 -2013 — Adopting The Annual Budget For The Fiscal Year Commencing July 1, 2013 And Ending June 30, 2014. Ordinance No. 2689 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 6. *Ordinance No. 2690 -2013 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled 'Pay Plan" to Include, the Fiscal Year 2014 Operating Budget Pay Schedules. Ordinance No. 2690 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 7. *Ordinance No. 2691 -2013 — Amending the Kenai Municipal Code 23.55.030 Entitled "Qualification Pay" to Provide a One Pay Range Increase for Qualified Driver /Operators in the Fire Department and Incorporate Changes Adopted in the FY2014 Operating Budget. Ordinance No. 2691 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 8. *Ordinance No. 2692 -2013 — Amending the Kenai Municipal Code Section 23.40.120, Medical and Hospital Insurance to Specify that Employees Shall Pay City of Kenai Council Meeting Minutes Page 5 of 10 May 1, 2013 Page 153 of 210 a Percentage of Medical and Hospital Insurance Plan Costs Recommended by the City Manager and Approved by the City Council. Ordinance No. 2692 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 9. *Ordinance No. 2693 -2013 — Amending the Kenai Municipal Code Sections 23.25.050, Pay Day, 23.25.060, Overtime, and 23.40.030, Annual Leave, to Provide for a Bi- Weekly Pay Period Instead of a Monthly Pay Period. Ordinance No. 2693 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 10. *Ordinance No. 2694 -2013 — Amending the Kenai Municipal Code Section 23.25.065, Shift Differential Pay, to Pay Employees Shift Differential Pay for Each Qualifying Shift Worked. Ordinance No. 2694 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 11. *Ordinance No. 2695 -2013 — Amending Kenai Municipal Code Chapters: One (1), Agencies, Officers, and Employees; Ten (10), General and Miscellaneous Provisions; and Twenty Three (23), Personnel Regulations, to Clarify that Employees of the City that Are Not Exempted from the Overtime and Minimum Wage Provisions of the Fair Labor Standards Act Are Paid on an Hourly Basis and Not a Salary Basis. Ordinance No. 2695 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 12. *Ordinance No. 2696 -2013 — Amending Kenai Municipal Code Sections 23.25.060, Overtime, and 23.30.050, Business Hours and Hours of Work, to Accommodate a New Work Schedule for Employees Performing Fire Protection Activities and Minimizing the Financial Impact of the Change to the City by Reducing the Overtime Rate for Fire Protection Employees. Ordinance No. 2696 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 13. *Ordinance No. 2697 -2013 — Amending Kenai Municipal Code Section 23.25.070, Acting Positions, to Provide for Consistent Application to Employees with Different Work Schedules. Ordinance No. 2697 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 14. *Ordinance No. 2698 -2013 — Increasing General Fund Estimated Revenues and Appropriations by $83,721 for Costs in Excess of Budgeted Amounts. Ordinance No. 2698 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. City of Kenai Council Meeting Minutes Page 6 of 10 May 1, 2013 Page 154 of 210 15. *Ordinance No. 2699 -2013 — Increasing Airport Fund Estimated Revenues and Appropriations by $29,486 for Costs in Excess of Budgeted Amounts. Ordinance No. 2699 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 16. *Ordinance No. 2700 -2013 — Increasing Water & Sewer Fund Estimated Revenues and Appropriations by $21,255 for Costs in Excess of Budgeted Amounts. Ordinance No. 2700 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 17. *Ordinance No. 2701 -2013 — Amending the Kenai Municipal Code Section 1.15.130, Telephonic Participation, to Remove the Requirement that a Request for Telephonic Participation by a Council Member for a Council Meeting be Made in Writing and Reducing the Requirement of Advance Notice to at Least Three Hours Prior to the Start of the Meeting. Ordinance No. 2701 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. 18. *Ordinance No. 2702 -2013 — Amending Kenai Municipal Code (KMC) Sections 14.20.200, Accessory Structures, and 14.24.020, General Requirements - Development Requirements Table, to Amend Setback Requirements and Merging KMC Section 14.24.030, Addendum to Development Requirements Tables, into KMC 14.24.020 and Deleting KMC 14.24.030 for Purposes of Clarity. Ordinance No. 2702 -2013 was introduced by consent agenda and public hearing scheduled on May 15, 2013. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reported the next meeting would be May 9, 2013. 2. Airport Commission — Council Member Gabriel reported the April 11 meeting summary was in the packet. 3. Harbor Commission — Council Member Molloy noted the April meeting had been cancelled. 4. Library Commission — Council Member Boyle noted the April meeting had been cancelled. 5. Parks and Recreation Commission —Council Member Bookey had no report. 6. Planning and Zoning Commission — Mayor Porter noted the April 24 meeting was City Planner Marilyn Kebschull's last. City of Kenai Council Meeting Minutes Page 7 of 10 May 1, 2013 Page 155 of 210 7. Beautification Committee— Mayor Porter had no report. 8. Mini -Grant Steering Committee — Mayor Porter reported the committee awarded one grant to the Greater Kenai /Soldotna Imagination Library. REPORT OF THE MAYOR Mayor Porter reported the following: • Attended the Caring for the Kenai awards. • Student Representative Austin Daly's last meeting would be May 15. • Received a thank you letter from the town of Sandy Hook, Connecticut. J. ADMINISTRATION REPORTS 1. City Manager — Koch reported the following: • Meeting with KEDS to discuss airport issues on May 2. • The Kenai Central High School turf field was moving forward. • He's had numerous discussions with the Board of Fish. • There were multiple construction projects starting within the City. • Working on the Meeks Trail design. 2. City Attorney — Bloom reported the City Clerk requested direction regarding a liquor license for Playa Azul; he would be attending the Alaska Bar Association meetings; and would be bringing the chicken ordinance forward at the next meeting. 3. City Clerk — Hall had no report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Gabriel reported he attended Kebschull's retirement party and wished Student Representative Daly good luck. Student Representative Daly thanked the council for the opportunity to serve and reported on the Pennies for Patients drive occurring at the high school. [Clerk's Note: Council Member Navarre arrived at this time.] Council Member Molloy delivered the thanks of the Kenai Birders to the Mayor for the sign at the birding platform and noted the Birders Festival would be May 16 through 19. Council Member Boyle thanked Daly for her service. Mayor Porter noted the Soap Box Derby would be May 19 and Vice Mayor Marquis would be driving her car. City of Kenai Council Meeting Minutes Page 8 of 10 May 1, 2013 Page 156 of 210 Council Member Navarre attended the BP Teacher's of Excellence dinner and noted Robert Sparks of Sky View High School was this year's winner. L. EXECUTIVE SESSION — Regarding Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310 (c)(3)] — Attorney / Client Privilege Regarding Lashbrook Board of Adjustment Appeal. MOTION: Vice Mayor Marquis MOVED to convene in an Executive Session — Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310 (c)(3)] — Attorney / Client Privilege Regarding Lashbrook Board of Adjustment Appeal and requested the City Attorney attend. Council member Molloy SECONDED the motion. VOTE: YEA: Molloy, Marquis, Boyle, Navarre, Porter, Bookey, Gabriel NAY: PASSED UNANIMOUSLY. BREAK: 7:47 P.M. BACK TO ORDER: 8:03 P.M. Vice Mayor Marquis reported the council met in Executive Session and gave direction to the City Attorney. M. PENDING ITEMS Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures. (Clerk's Note: At its March 6, 2013 meeting, Council postponed Ordinance No. 2656 -2012 for 90 days and the ordinance was referred to administration.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:04 p. M. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk City of Kenai Council Meeting Minutes Page 9 of 10 May 1, 2013 Page 157 of 210 "The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and 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. City of Kenai Council Meeting Minutes Page 10 of 10 May 1, 2013 Page 158 of 210 Z O F a U LL F J U z U O w W Z m x U N N O Q O O O ll H O t H Z w H O W F � Z J w Z IL U 00 v m m U rn _O of 0� v m ao a = co ad m c6 �n N Cl) a o m o m ( n N o) vi N r LOU W J Q ¢ Q mQ J J J J J J w 0 Z) D _U U W D O CO Z) w 0 :D Z) O O U J _O of W U Z D a g z a a m v° v LU J J J m a ¢ a Z w a za Z J a a n U W a (D D w a < J � � U a w < a. w cal U) a U J U w Q Z J W d Z W K a W W O co w Z > a = W z Page 159 of 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 160 of 210 act Cli § ) � 210 \ \ / )( \ \ )\ \ / ' § z § L 2 zx & o \ (» d z M } } § \ z ( /} 3 z $ \ �} � K $ [\ \ / k § £2 /4 G� 2$ § § g § L k ( } § £ w � a z } § S 0. > E ? § ) � 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 162 of 210 MEMORANDUM 'I'Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 t'Il�t 1997 TO: Honorable Mayor and City Council Members FROM: Sandra Modigh, City Cle5 \ DATE: May 9, 2013 RE: Restaurant / Eating Place License #5224 Francisco Rodriguez, d /b /a Playa Azul The City has received notification that Francisco Rodriguez, d /b /a Playa Azul has submitted an application to the Alcoholic Beverage Control Board for a Restaurant/Eating Place License. Pursuant to Alaska Statutes 4.11.100, this license authorizes a restaurant/eating place to sell beer and wine for consumption only on the licensed premises. The application allows the local governing body to file a protest within 60 days of receipt of the notice, which was received on April 16, 2013. Pursuant to KMC 2.10, "a public hearing may be held prior to any City Council approval of or transfer of such licenses..." Council did not request a public hearing be held on this matter. Pursuant to KMC 2.40, a review of accounts was completed and administration finds the applicant has satisfied all obligations to the City. Recommendation: To direct the City Clerk to forward a letter to the Alcoholic Beverage Control Board advising the City has no objection to Restaurant / Eating Place License #5224 for Francisco Rodriguez, d /b /a Playa Azul. Page 163 of 210 THE STATE 01ALASKA. April 16, 2013 GOVERNOR SEAN PARNELI Department of Commerce, Community, and Economic Development ALCOHOLIC BEVERAGE CONTROL BOARD 1, i!113 City of Kenai Sandra Modigh smodigh @ci.kenai.ak.us Kenai Peninsula Borough Johni Blankenship jblankenshipCborough .kenai.ak.us Katie Ring kring@borough.kenai.ak.us Lauri Lingafelt IIingafelt @borough.kenai.ak.us 2400 Viking Drive Anchorage, Alaska 99501 Main: 00 TDD: 907.465.54 Fax: 907.263 -5930 New Restaurant /Eating Place Liquor License #5224 Francisco Rodriguez dba Playa Azul 0 New Application ❑ Transfer of Ownership ❑ Transfer of Location ® Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above listed licenses (see attached application documents) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(l 1) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330 - 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Page 164 of 210 Protest under AS 04.11 A80 and the prohibition of sale or consumption of alcoholic beverages as requited by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice; AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104,145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 13 AAC 104.335(a)(3), AS O4.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. SHIRLEY A. COTt Director Maxine Andrews Business Registration Examiner Direct line: 907 -263 -5922 Email: maxine.andrews@alaska.gov Page 165 of 210 State of Alaska Alcoholic Beverage Control Board Date of Notice: April 16, 2013 Application Type: x New TRANSFER Ownership Location Name Change Governing Body: City of Kenai Community Councils: n/a License #: 5224 License Type: Restaurant /Eating Place D.B.A.: Playa Azul Licensee /Applicant: Francisco Rodriguez (sole proprietor) Physical Location: 12498 Kenai Spur Hwy. Suite 1 Mail Address: 12498 Kenai Spur Hwy. Suite 1 Kenai, AK 99611 Telephone #: 907- 741 -0261 907- 283 -2010 EIN: 80- 0783281 Corp /LLC Agent: Address Phone Date and State of Incorporation Good standing? n/a wease note: the Members /officers /Directors /Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. Member /Officer /Director: DOB Address Phone Title /Shares ( %) n/a Page 166 of 210 Page 2 A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS O4.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 15 AAC 104.335(a)(3), AS O4.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. SHIRLEY A. COTE Director Maxine Andrews Business Registration Examiner Direct line: 907 - 263 -5922 Email: maxine.andrews @alaska.gov Page 167 of 210 Alcoholic Beverage Control Board 2400 Viking Drive Anchorage, AK 99501 License is: ,Full Year New Liquor License OR ❑ Seasonal List Dates of Operation: l00(oD (907) 263 -5900 Fax: (907) 263 -5930 SECTION A - LICENSE INFORMATION FEES Qgzce Use: License Type: Statute Reference LacenseYoar: EAMj License roe; �eSmAk / / Y� -mo t- Jltn ro, Scc. 04.I L,�Q rr O„B9ceUse. c FilingFce: $100.00 License M. Rest. Desig. Permit 00 Local Governing Body: (City, Horottgh of Unorganized) Fee: $ 5D Community Council Names) &Meiling Address: • 4, oc" 1 Fingerprint: � (SSt.50 person) Name of Appf d ' 4 TOTA ( Corp /LLC /LP/LLP/Individu"artnership); -�rc'0 CAS co 'Ko ckc' �Oe Z Doing Business As (Business Name): Business Telephone Number: (c(m)aa3- ao ��; �`�"}'l ' `Z�� Fax Nn bet: fill CI ZS— 14S Mailing ddress g I ayAB %ter►xt °-; ur Nwy ilk Street Address or Location of Premises: # Email Address: t dG$ f-,e-nok <,P-r W Uzul.ak City, State, zip; co rn SECTION B - PREMISES TO BE LICENSED Distance to closest school grounds: D measured easured under: a/ q AS 04;11.410 OR ❑ Premses i is GREATER than 50 miles from the boundaries of an incorporated borough, . 17 Local ordinance No. city, or unified municipality. ❑ Premises is LESS than 50 miles from the boundaries of an incorporated city, borough, or unified municipality. KNot applicable Distance to closestchurcb: Distance measured under: 04.1110 .4 OR 0 Lo 0 Local ordinance No. Premises to be licensed is: 13 Plans submitted to Fire Marshall (required for new & proposed buildings) ❑ Proposed building 1 Diagram of premises attached Existing facility New building New Application .v 0219Mt1 Page 1 of 3 Page 168 of 210 Alcoholic Beverage Control Board New Liquor License 2400 Viking Drive (907) 263.5900 Anchorage, AK 99501 Fax: (907) 263 -5930 SECTION C — LICENSEE INFORMATION 1. Does any individual, corporate officer, director, limited liability organization member, manager or partner named in this application have any direct or indirect interest in any other alcoholic beverage business licensed in Alaska or any other state? ❑ Yes XNo If Yea, complete the following. Attach additional shorts if necessary. Name Name of Business Type of License Business Street Address state 2. Has any individual, corporate officer, director, limited liability organization member, manager or partner named in this application been convicted of a felony, a violation of AS 04, or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state? ❑ Yes �(No If Yes, attach written explanation. SECTION D — OWNERSHIP INFORMATION - CORPORATION Corporations, LLCs, LLPs and LPs must be registered with the Dept. of Community and Economic Development. Name of Entity (Corporation/LLE/LLPM) (or N/A if an Individual ownesaltip): NA Telephone Number: Fax Number: Corporate Mailing Address: City: State: Zip Code. Name, Mailing Address and Telephone Number of Registered Agent Ilateof tworporation OR Certification with DCED: State of Incorporation: Is the Entity in "Good Standing" with the Alaska Division of Corporations? ❑ yes ❑ No If no, attach wnnen explanation. Your entity muse be to compliance with Title 10 ofihe Alaska Su mes to be a valid liquor licensee. Entity Members (Must include President, Secretary, Treasurer, Vico-President, Mama cr and Shareholder/Member with at k1s110%) Name Title % Home Address & Telephone Number Work Telephone Date of Birth Number NOTE: If you need additio"s are, pleme attach a se rate sheet. New Application Page 2 of 3 Page 169 of 210 Alcoholic Beverage Control Board 2400 Viking Drive Anchorage, AK 99501 New Liquor License (907) 263 -5900 Fax: (907)263.5930 SECTION E — OWNERSHIP INFORMATION — SOLE PROPRIETORSHIP (INDIVIDUAL OWNER & SPOUSE) Individual Lieensces/ARBlates The ABC Board defines an "Affiliate" as the s use or significant other of a licensee. Each Affiliate must be listed) Name:'Fr-c,f\CiSt_U P-c6rtC —L Address: 4ar4 � 1 ( Mtn tVWV2 Applicant i� Affiliste ❑ Name: Address: Applicant 0 Affiliate O r.2- k A 4Gtoi( Subscribed and swom to before me this lI dayof A4/ . ALI. subscribed and sworn to before me thn davat Notary Public in and for the Stair of .4laOn I/a � Notary Public in and for the State of Alaska Date of Birth: Home Phone: `& 714 1- Ua(L 1 Home Phone: Work Phone:tCi? ,?� aul Work Phone: Name: Applicant ❑ Name: Applicant 0 Address: Affiliate ❑ Address: Amiau ❑ Home Phone: Home Phone: 1-Date of Bulb: Date of Birth: Work Phone: Work Phone: • 1 declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. • 1 hereby certify that there have been no changes in officers or stockholders that have not been reported to the Alcoholic Beverage Control Board. The undersigned certifies on behalf of the organized entity, it is understood that a misrepresentation of fact is cause for rejection of this application or revocation of any license issued. • I further certify that 1 have read and sin familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11 A50, no person other than the lieensee(s) has any direct or indirect financial interest in the licensed business. • I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. Signature of Ilcen s) Si mreoflAren s Signature . / signature signature I signatum Namc 8 Ti • (Pimec Pri 1R,f� [vJ4 Name fi Title (Ple , Pony Subscribed and swom to before me this lI dayof A4/ . ALI. subscribed and sworn to before me thn davat Notary Public in and for the Stair of .4laOn I/a � Notary Public in and for the State of Alaska commission capires My commission expimv, Mx NY r ubfic KEVIN POTTER 5tme Of Alaska My Cormliision Elt m May S. 2016 New Application m 02191013 Page 3 of 3 Page 170 of 210 STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT - AS 0436.049 & 13 AAC 104,715-794 FEE: 550.00 The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining, and persons under the age of 20 for employment. If for employment, please state in detail, how the person will be employed, duties, etc. This application is for designation of premises where : (please mark desired items). LICENSEE: DIVA: ADDRESS: 2. X Under 13 AAC 104.305 Bona fide restaurant/eating place, Llceme Number (Persons age 16 to 20 may dine unaccompanied. Persons under 16 may dine accompanied by a person 21 years or older. Persons between 16 and 20 years of age may be employed. 04 Soc note below). Hours of operation: k \ OO AM to Telephone # Cg O�j epyvllr Q,t C) Have police ever been called to your premises by you or anyone else for any reason: >k Yes ] No Ifyes, datc(s) and explanation(s). :7 _ _1 _I _ _ _t 4. Are video games available to the public on your premises? (\(^r Do you provide entertainment: X] Yes [ ] No If yes, describe. I s..0' hf.v Ito r'i TV IS 6. How is food served? Table Service_ Buffet Service Counter Service'Y, Other- 7 Is the owner, manager, or assistant manager always present during business hours? KYes [ I No "• A MENU AND A DETAILED LICENSED PREMISE DIAGRAM MUST ACCOMPANY THIS APPLICATION •" I have read and am familtar with Title 4 of the Alaska statutes and its regulations. don Appricattl signature Subscribed and sworn to before me this day Of v t' r/ Notary Public in and for Alaska Local Governing Body Approval Date: My Commissionexpires Dircetor, ABCBoard Date: 'Gr.Plwea' Io and 1 .e:m r ae� tuN y PUhMO w�t, pm,un :u a ;<ner maintained in your files From a parent or guardiar. aum,m>... c,gpt,.r - Me........ ",POTTER " if more space is tirui. m "plarpio teraimmi, er please add on back or attach additional page(s). My Cottuniaaion Expires May B, 2016 ABC Board Update; 2120/2013 2400 Viking Drive phone: 907 - 263 -5900 Anchorage AK 99507 Fax: 907-263-5930 Page 171 of 210 LScmp.c-s C crcae (- af�a r ACIA� ck -Vne. ciccr �e PS �.n ��v +&)r ielLts 40 1 WJ *ere, Page 172 of 210 STATE OF ALASKA ALCOHOL BEVERAGE CONTROL BOARD Licensed Premises Diagram INSTRUCTIONS: Draw a detailed floor plan of yew present or proposed beensed premises on the graph below; show all entrances and exits, and all fixtures such as tables, booths, games, counters, bars; coolers, stages, etc. DBA: PREMISES LOCATION: ' ^ �l�9 `n 1P r'1 a r ��., t" «? . . `� ? l '�°t1:u AK Indicate scale by x after appropriate statement or show length and width of premises. SCALE A: A_ 1 SQ. — 4 FT. SCALED: I SQ. = I FT. Length and width of premises in feet: Oulline the area to be designated for sale. service, storage, and consumption of alcoholic beverages in red . Revised 6116106 Page 173 of 210 0 iiv I r Ja a- Zul Mexican Restaurant Salsa Bar X83-2010 - Derive -Thru Page 174 of 210 OPEN 7 DAYS A WEEK ,., 11 AM -9PM S 12498 Kenai Spur Hwy, #1 A Family Restaurant Since 2012 fiPPET4ZERS QUESO DIP (white or yellow). ................................ ........................�...... ;$ .....54 WILLIE'S NACHO SUPREME ........................... _.. ......... Chips with melted cheese and your choice of ground beef, shredded beef or chicken. Topped with lettuce, tomatoes and block olives. Garm,hed with sour cream and guacamole. NACHOS (odd Beef or Chicken $2, odd guacamole $ 11 ........ ............. ...... .. ........ ................ ........ $9 3 TOPTADITOS odd Beef Chicken 2........... I $I � .................................. ............................... ................ . $10 j... t..... P..... ....... C hips with melted cheese, beans, lettuce, tomato and'olo ends. .. .... CHEESE QUESADILLA odd Beef or Chicken $ 2 ........ ........ ............... _....._ .............. ......... Served with Sour cream. $B CARNE ASADA QUESADILLA..... .. ................... .. ...... Flour tortilla filled with grilled chicken or carne asado and cheese, garnished with lettuce, guacamole and sour cream, $11 :? TAQUITOS (choice of Beef or Chicken) .......... ............................... .. .......................$9 Three stuffed deep fried corn tortillas topped with guacamole and sour cream. 1 CEVICHE (Ask server for availability) .... ........................... ... ............... ....... ......... ........... $12 BURGERS + SANOWtCHES All burgers topped with lettuce, tomatoes, onions and pickles. Served with french fries. ..... ............................... ............. ...... _. ........ ....._ ....................... ............................... ............ .......... ........................ . .........$7 1 AVOCADO BURGER— _........ ... ..................... NDIDO BURGER. ..._$9 .................. .. .............................. _.............. _..................... _. ........ _.......... .......................... Topped e with sauteed onion, mushroom and cheese . _.. $9 L....... BACON CHEESEBURGER.._... ._ _.. ...._ ............. .. ............................... .................... _........ ............. ............59 TORTA (hot or mild) ..... ....... . ............ . ........... ...................... Mexican style sandwich stuffed with your choice of grilled steak, chicken or wrnilo and topped with lettuce, tomato and avocado. . SID WARNING: YOUR PLATE IS REALLY HOT Page 174 of 210 W ISNYRUS Served with rice and your choice of refried or black beans. - - -- - - ................................ ................ .. ............................Sll Choice of beef or chicken, nvo holed deep hied tartillos topped with guacamole and sour cream. TAQUROS.................... ............................... Three rolled corn tortillas stuffed with your choice of ground beef, shredded beef or chicken and deep Fried. Sl l Topped with sour cream and guacamole. CHILI VERDE ............................ .. ............................. ortil................................ ............................... Skips of pork in a chili verde sauce served with choice of torn or flour tortillas. 511 CHILI VERDE ENCHILADAS (ADD BEEF OR CHICKEN $ 1) . ............................... ,.,........... $ Two enchiladas stuffed with chili verde pork, topped with chili verde sauce and sour cream. CHICKEN CHIPOTLE ENCHILADAS ......... .. .................... ............................... ................................ l ............................... Two enchiladas garnished with guacamole. ............Sl MICHOACANENCHILADA ........................................................................ ............................... ..............$12 Two enc hods stuffed with mexican style hied pork wuth chili verde sauce on fop. Garnished with sour cream. MACHACACON HEUVOS .......................................................................................................................... ............................$11 Shredded beef scrambled with pico de gold and eggs with choice of corn or flour tortillas. HUEVOS CON CHORIZO ....................... . ......................................................... ............................... Scrambled eggs and mexican sausage served with choice of corn or flour tortillas. $11 CARNITAS................................................... ................ ............................................................................................................ Mexican style fried pork served with choice of corn or flour tortillas, $12 SOPE ...................... Two delicious handmade corn dough, deep fried with choice of carne osoda, chicken or beef, with beans, lettuce, sour cream and guacamole. MEXICAN STEAK......... _ ................. Top choice sirloin steak, chopped and simmered in a fresh sauce made with tomatoes, bell peppers and onions. $12 Served with your choice of corn or flour tortillas. CHICKEN CHIPOTLE ..................... ... Souided chicken, onions and mushrooms served in a zesty chipote pepper sauce with choice of corn or flour tortillas. $11 BEEF CHIPOTLE .................. Souteed beef, onion and mushroom choir............. ............tortillas......... ............................$12 room served in o zest chipotle pepper sauce with choice aF corn or flour tortillas. CARNEASADA...................................................... Slices of grilled carne osada with choice of corn or flour tortillas, grilled onions and guacamole. $12 PLAYA" AM COMBk1S CHOOSE TWO - $11 OR Served with rice and your choice of refried or black beans TWO ALA CARTE - $8 No rice or beans QUESO SAUCE - $1 White or Yellow BURRITO; Stuffed with beans, cheese and beef or chicken ENCHILADA: Corn tortilla filled with beef,chicken or cheese Flour tortilla filled with beans, cheese and your choice of beef or chicken, then deep hied CRISPY OR SOFT TACO Corn tortilla stuffed with ground beef, shredded beef or chicken CHILI RELLENO TAMALE WARNING: YOUR PLATE is REALLY HOT Page 175 of 210 KIDS MENU served with retried beans or block beans and rice 12 & UNDER — $6 CHEESE QUESADILLA BEAN A CHEESE BURRITO CHIMICHANGA Flour tortilla filled with beans, cheese $ beef or chicken. CRISPY OR SOFT TACO Corn or flour tortilla stuffed with ground beef or shredded chicken. ENCHILADA Flour tortilla filled with beef, chicken or cheese topped with enchilada sauce. CHICKEN NUGGETS (6) Served with French fries. GRILLED CHEESE SANDWICH Served with French fries. CHICKEN STRIPS (3) Served with French Fries, BuRath ENTIRERS Served with rice and your choice of refried or black beans inside burrito. Queso sauce • white or yellow $1 CARNEASAD& BURRITO .................... .................. ................. — .............................. I ........... I ................................................. $12 Soul6ed cubed steak wrapped in a flour tortilla with cheese, lopped with enchilada sauce, guacamole and sour cream. Two corn tortillas filled with seasoned grilled cubed sirloin, topped with lettuce and cheese. GRILLEDCHICKEN BURRITO .... ......................... ................ I .......................... ....... .......... I .... ........... ­1..... ............................$12 Seasoned grilled chicken wrapped in a flour tortilla with cheese, topped with enchilada sauce, guacamole and sour cream, Two corn tortillas filled with spicy seasoned grilled cubed sirloin, topped with lenuce and cheese. CHICKENCHIPOLTE BURRITO...... ..................................................... 11 ...................... 1­1 ............... ­ .... I ... .._....,..................$12 GRILLEDCHICKEN TACOS ....... L' L ..... ­ .................................................. ................................................................ Flour tortilla stuffed with shredded chicken and cheese covered in a zesty chipolte sauce. Garnished with sour cream and guacamole. Two corn tortillas filled with seasoned grilled cubed chicken topped with lettuce and cheese. BURRITODELUXE ......... ....... .................................................................... ........................................ .. . — ........................ $12 Beef, chicken, shredded beef or chili verde, wrapped in a four tortilla with cheese, topped with enchilada sauce, lettuce, guacamole Two corn torlillo5 filled with mexican style Fried pork. and sour cream. CHILIVERDE TACOS L—, ............ ............ _........................................,..............._...................................... FACOS..................................................................................................................................................................................... $11 Flour tortilla stuffed with your choice of beef or chicken, beans & cheese, topped with enchilada sauce, cheese & sour cream. LENGUATACOS ........... ....................................................... ...... . .... ............................ ................. ­1 CHILI VERDE BURRITO ................................................................. I ... . . ...... - ' I .... I—. I ... ­1 ....... ...... $11 Chili verde pork wrapped in a flour tortilla with cheese, topped with chili verde sauce and sour cream. FAJffATACOS .............. ........................................... .... .. .............................................. L .............. BURRITO VAQUERO (cowboy style) ...................................................... ................ 11 .... 1.1 ....... .... ... .... ............................$12 Two corn tortillas filled with marinated strips of beef or chicken with bell peppers, onions and tomatoes. Seasoned cube steak or grilled chicken, soulded with onions and Playa-Azol red sauce, wrapped in a Hour tortilla with choose. TACOSAL PASTOR ........................... ............................. — ............ .... -- ......... I ........................................ Garnished with sour cream and guacomote. Two corn tortillas filled with mixed pork, onions, pineapple marinated, then grilled to perfection. ENCHILADA BURRITO ............ ................... .............................. ....... ....... ­— . ... ......... SHRIMP TACOS ................................................. .................... .... .. Seasoned ground beef or chicken and cheese, wrapped in a flour tortillo and topped with red souce & melted cheese Two corn tortillas filled with savided shrimp, tomato and seasoning topped with lettuce and cheese. Garnished with sour cream. HALIBUTFISH TACOS ........................ ....................................... .............. .......... ............ ......................... BURRITOAL PASTOR ............... ............ . .............. I-— ......... -­­ .................. . ...... .......................$11 Two corn tortillas filled with fresh halibut, topped with lettuce and cheese. Filled With mixed pork, onions, pineapple marinated, then grilled to perfection. FARTABURRITO ................................... . ............ I ........ I—— ................... ...... ............................................... ....................... $12 Seasoned and marinated strips of beef or chicken soutiled with bell peppers, onions, tomato wrapped in a Hour tortilla with cheese, topped with enchilada sauce, guacamole and sour cream. MICHOACANBURRITO ............. ................. ­ ... I .... 111­1­­ .... I ...... ...................................................... . .. .............................. $12 Flour tortilla stuffed with Mexican style fried pork, topped with enchilada sauce and melted cheese. Garnished with sour cream. CHIMICHANGA GRANDE .............. ... ............. .................................... ............... $112 Beef, chicken, shredded beef or chili verde wrapped in a flour tortilla with cheese, deep fried and topped with cheese, enchilada sauce, lettuce, guacamole and sour cream. Tates Served with rice and your choice of refried or black beans. Ala Carte 11$4 - 2/$8.3/$1 1 Fish 11$4 - 21$8 - 31$12 CARNEASADA TACOS ........ ................... ­-­ ................ I ...... L.1-1 .............. ....................................................... .............. Two corn tortillas filled with seasoned grilled cubed sirloin, topped with lettuce and cheese. ADOYADATACOS ................................ 11 .. ................................................................... I .......................... --- ........................ Two corn tortillas filled with spicy seasoned grilled cubed sirloin, topped with lenuce and cheese. GRILLEDCHICKEN TACOS ....... L' L ..... ­ .................................................. ................................................................ .................. Two corn tortillas filled with seasoned grilled cubed chicken topped with lettuce and cheese. CARNITATACOS. ...... — .... ............ . - .. ............................. ................................. - ................................................ ................. Two corn torlillo5 filled with mexican style Fried pork. CHILIVERDE TACOS L—, ............ ............ _........................................,..............._...................................... ..............................5 11 Two corn tortillas stuffed with chili verde pork, topped with lettuce and cheese. LENGUATACOS ........... ....................................................... ...... . .... ............................ ................. ­1 ....... I .................... Two boiled beef tongue with spices then grilled to perfection, topped with lime, served with corn tortillas. FAJffATACOS .............. ........................................... .... .. .............................................. L .............. ............... Two corn tortillas filled with marinated strips of beef or chicken with bell peppers, onions and tomatoes. TACOSAL PASTOR ........................... ............................. — ............ .... -- ......... I ........................................ ..................... $12 Two corn tortillas filled with mixed pork, onions, pineapple marinated, then grilled to perfection. SHRIMP TACOS ................................................. .................... .... .. .$112 Two corn tortillas filled with savided shrimp, tomato and seasoning topped with lettuce and cheese. HALIBUTFISH TACOS ........................ ....................................... .............. .......... ............ ......................... ............. -$12 Two corn tortillas filled with fresh halibut, topped with lettuce and cheese. WARNING-, YOUR PLATE IS REALLY HOT Page 176 of 210 MW SEAFOOD NOIDES _......$4 Served with rice and your choice of refried or black boons. GARLICSHRIMP ...................... ..................................... ............................... Scuttled garlic shrimp with mushrooms, served with corn or Sour tortillas. ................$12 SEAFOODENCHILADAS .................. .. ............................................................ ............................$11 One enchilada stuffed with sauteed crab and shrimp in Playa - Azul's cheesy seafood sauce topped with lettuce and sour cream. MAZATLANENCHILADA.......................... ............ ............... .. ...... . ...................... ........ .................. ................................ ................$12 Two enehilado stuffed with garlic shrimp, onions and tomatoes. Garnished with sour cream. SEAFOODBURRITO ............. ............................... .................................................................. ..............................$ Flour tortilla stuffed with sauteed crab and shrimp in Playa- Azui's cheesy seafood sauce and sour cream. I 1 PLAYAAZUL BURRITO ..................... .. ..................................................,--...,......................... ............................$12 Filled with fresh halibut. Topped with enchilada sauce and melted cheese. BURRITODE CAMARONES ........... ........ ............ ........................... ........................................................... $13 .. ........... ....... Jumbo shrimp with onions and tomatoes, seasoned and covered with white queso sauce, garnished with guocamole and sour cream, Served with rice and refried boons. CAMERONESA LA DIABLA..... ........................ .................... ............................. .......................................................................... Sauteed hot $12 shrimp with or mild mezican sauce, Served with your choice of corn or Sour tortillas. SEAFOOD CHIMICHANGA ..... ............................... ... ............... •- ••••••••••••' Stuffed with sauteed crab and shrimp in Playa-Azul's topped lettuce "'$1 cheesy some with and sour cream:- SHRIMPCHIPOTtE .............................. .............................,....................:....., ............................$12 Souteed shrimp, onions and mushrooms served in a zest/ chipofle pepper sauce with your choice of corn or Dour tortillas. SEAFOODCHIPOLTE ............................. .......... ..............................I....... ............................$13 Sauteed shrimp, halibut, onions and mushrooms, served in a "s h chi Pd b PePP er sauce with choice of corn or Flour tortilla. SOUP + SALADS SHRIMPSALAD............................................................................................................................................... ......:.....................$12 Sauteed shrimp on a bed of lettuce topped with avocado, cheese, tomatoes and sour cream. GRILLEDCHICKEN SALAD ............................ .... ............................................... ......._........................:............... ............................$11 Grilled chicken topped with cheese, tomatoes and sour cream. TACOSALAD .... ......_...... .. ... .................................................... ............................$10 Crisp flour tortilla bawl filled with beef or chicken with lettuce, tomatoes, cheese and sour cream. FAJRATACOSALAD ........................... _..__ .._........._..........,....,.................... ............................... Cris flour tortilla bowl filled with e " P your choice beef or chicken with letuce, tomatoes, grilled onions and bell peppers, cheese and ...$11 d sou sour cream. .. MEXICANCHICKEN Z RICE SOUP .......................................................................... ............................... ..... $7 ENUDOSOUP, ...................................................................................................... .................................................................... .$8 �OSTADAs REGULART057ADA... ..................oi ce...............,.hi ck....w rt' h *.......................s',.c' ....................................... ............................... Cris corn rorfllla r Crisp topped with your Choice of beet or chicken with lettuce, tomaoes, theesa and sour cream. ....$9 QUEENTOSTADA .................. ............. ........................................................... ............................$10 Crisp flour tortilla bowl filled with your choice of beef or chicken with beans, lettuce, tomato", choose guacamole and sour cream. vEGGt'ES DtSNES VEGGIE TOSTADA ................................. ............................$11 Crisp flour tortilla bowl Filled with boons, sauteed bell peppers, block olives, tomatoes and mushrooms, cheese and sour cream. VEGGIEFAJITA ..................................... .............................Sl l SPINACH ENCHILADAS ...................... ............................511 Two corn tortillas filled with souteed spinach, tomatoes, onions $ cilantro, topped with red sauce and sour cream. VEGETARIAN BURRITO .... ..................... ............................SI1 Souteed bell pepper, black olives, onions, & mushrooms, wrapped in a flour tortilla, topped with red sauce and sour cream. Rice and beans on the side. SPINACH BURRITO ............................... ............................511 Mushroom, pico de gallo, with white sauce. Gorntshed with guacomole. VEGGIETACOS ....... ...................... ........ ............................511 Two corn tortillas filled with sauteed bell peppers, black olives, anions, tomatoes and mushrooms, topped with lettuce and cheese. VEGGIE QUESADILLA ......................... ............................... $ t J Spinach, mushrooms, anions, bell peppers, tomatoes, rice and beans Garnished with sour cream and guacamole. NS�iAS Your choice of chicken, beef or shrimp, scuttled with bell peppers, tomatoes and onions served with rice, refried or block beans, sour cream, guacon0e and your choice of flour or corn tortillas, BEEF OR CHICKEN ........................... ...._. .......... .......... ......... $12 SHRIMP.......... ............................... ...... ..... . ....................... $12 VEGGIE.............. ..... _ ..... ........ ...._. .. .__. _,.. _... _..........$11 COMBO............. _........._.... _......................... -. _. .. ......$12 Chicken and beef. FAJITATRIO ............................................... ............................$13 Chicken, beef and shrimp. SEAFOOD................................................... ............................$13 Shrimp and halibut. OUACAMOLE. .............................. ............................... _......$4 BEANSOR RICE ... .................................. .............................$3 1 LB CHIPS & 16 OZ SALSA (any sauce) ....... .............................$6 4 TORTILLAS....__ ..... ............................... ..........................$1.50 WARNING: YOUR PLATE IS REALLY HOT Page 177 of 210 u MEMORANDUM I'Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll� 1992 TO: Christine Cunningham, Lands Manager Terry Eubank, Finance Department Scott Bloom, Legal Department FROM: Sandra Modigh, City Clt DATE: April 26, 2013 RE: New Liquor License Application The Alcoholic Beverage Control Board has sent notification that the following applicant has requested a liquor license: Applicant: Francisco Rodriguez D /B /A: Playa Azul Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your department (i.e. water and sewer billings, lease /property payment history, etc.) by the above reference applicant and advise if account(s) and /or payment plan(s) are current or delinquent. Mark the appropriate box below. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts. Please let me know if you have any questions. Thanks. IIIL+.<1•. .CL3rnaL•IIat3l•LTJEY3NI[]N9[;* 141 01e[- 1(r1UFlR�:11 1. Lands Management rl NZ initials erl have reviewed all account(s) for my department and the applicant is current or account(s) do not emst. ❑ The applicant has delinquent account(s) and an additional page has been attached. 2. Finance initials I have reviewed all account(s) for my department and the applicant is current or account(s) do not exist. ❑ The applicant has delinquent account(s) and an additional page has been attached. 3. Legal (� initials © I have reviewed all account(s) for my department and the applicant is current or account(s) do not exist. ❑ The applicant has delinquent accounl(s) and an additional page has been attached. Returned to Clerk's once: ( 14 4A - 3C - 1 3 April 18, 2013 KENAI PENINSULA BOROUGH 144 North Binkley Street • Sofdotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 . FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478-4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non - Objection of New License Application Business Name Playa Azul License Type Restaurant /Eating Place License Location City of Kenai License No. 5224 Dear Ms. Lambert, JOHNI BLANKENSHIP, MMC BOROUGH CLERK This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the issuance of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, i Johm Blankenship, MMC Borough Clerk JB /klr cc: City of Kenai Applicant KPB Finance Department File Page 179 of 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 180 of 210 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2703 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $512.45 IN THE GENERAL FUND - POLICE DEPARTMENT FOR STATE TRAFFIC GRANT OVERTIME REIMBURSEMENT. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, AHSO traffic - related overtime funds require no local match and allow the department to provide specific traffic safety patrols; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $512.45 from February to March of 2013; and, WHEREAS, the Police Department is requesting the appropriation of $512.45 to the General Fund, Police Overtime account for the amount to be reimbursed by the State of Alaska for the department's participation in AHSO program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant - Police $512.45 Increase Appropriations: Police - Overtime $512.45 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: �✓� Introduced: May 15, 2013 Adopted: June 5, 2013 Effective: June 5, 2013 Page 181 of 210 "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 kzffid Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1111 1992 MEMO: W 1 TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 513/13 SUBJECT: Ordinance requesting appropriation - Police Overtime The Kenai Police Department continues to participate in DUI overtime patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO). These overtime patrols are not budgeted in the FY13 budget. Actual overtime costs for DUI overtime patrols from February to March of 2013 are $512.45. AHSO- overtime reimbursements are deposited into the general fund. The police overtime account has a significant depletion, and I am requesting an appropriation of $512.45 into the general fund, police overtime account for actual AHSO - related overtime costs. Page 182 of 210 Suggested by: Council Member Boyle CITY OF KIDNAI NO. 2704-2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.40.040 TO PROVIDE FOR A SEASONAL SPEED LIMIT OF TWENTY (20) MILES PER HOUR WHILE DRIVING MOTORIZED VEHICLES ON A CERTAIN PORTION OF THE NORTH SHORE PUBLIC BEACH. WHEREAS, the City of Kenai is the owner of significant areas of public beaches within City limits, including the North Shore public beach; and, WHEREAS, the City of Kenai enforces its laws on beaches within the City; and, WHEREAS, certain parts of the North Shore beach are heavily used on a seasonal basis by a wide range of recreational, personal use and commercial users; and, WHEREAS, use of motorized vehicles travelling in excess of twenty (20) miles per hour on certain parts of the North Shore beach can be hazardous due to large crowds present and the variety of activity occurring; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to enact a speed limit of twenty (20) miles per hour for motorized vehicles on the most heavily used portion of the North Shore beach within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 13.40.040 of the Kenai Municipal Code: That the Kenai Municipal Code, Section 13.40.040, Speed limits, is hereby amended as shown on Appendix IV attached hereto and as follows: 13.40.040 Speed limits. The speed limit shall be ten (10) [MPH] miles per hour While [RIDING] operating a motor vehicle in a right -of -way of a residential or business area, a parking lot, as authorized in 13.40.020(c), or in close proximity of another person(s). Between April Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or New Text Underlined; IDELETED TEXT BRACKETED] Page 183 of 210 Ordinance No. 2704 -2013 Page 2 of 2 application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(p, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5 day of June, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: May 15, 2013 Adopted: June 5, 2013 Effective: July 5, 2013 New Tex[ Underlined; iDELETED TEXT BRACKETED) Page 184 of 210 KMC 13.20.040 - 20 MILE PER HOUR SPEED ZONE AREA KE"ISPUR MWY Appendix IV Ordinance No. 2704 - 2013 Page 185 of 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 186 of 210 Suggested by: Administration CITY OF KENAI NO. 2705 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,343.04 IN THE GENERAL FUND - POLICE DEPARTMENT FOR JUSTICE ASSISTANCE GRANT OVERTIME REIMBURSEMENT. WHEREAS, since October 1, 2012, a Justice Assistance Grant (JAG} funded Kenai police officer, has worked in the Alaska State Troopers drug unit; and, WHEREAS, through JAG funding, the State of Alaska has reimbursed the City of Kenai for the officer's salary and overtime; and, WHEREAS, actual overtime expenditures for the JAG funded Kenai officer in the drug unit have totaled $2,343.04 for the time period of October 1, 2012 to April 30, 2013, and those funds are paid out of the Police - Overtime account; and, WHEREAS, JAG funded officer's overtime hours were not budgeted in the FY13 Police budget; and, WHEREAS, the Police Department is requesting the appropriation of $2,343.04 to the General Fund - Police Overtime account to cover unbudgeted overtime costs of drug unit participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant - Police $2,343.04 Increase Appropriations: Police - Overtime $2,343.04 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance:.,. -�- PAT PORTER, MAYOR Page 187 of 210 Introduced: May 15, 2013 Adopted: June 5, 2013 Effective: June 5, 2013 j "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1I 1992 mecityof KOW / /�KA V MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 5/7/13 SUBJECT: Ordinance requesting appropriation into Police — Overtime Since October 1, 2013 the Kenai Police Department has had a Justice Assistance Grant funded officer on the AST drug task force. The State of Alaska reimburses the City of Kenai for the officer's salary and overtime. The officer's overtime is paid out of the City of Kenai police - overtime account, which is now significantly depleted. The Police Department did not budget for the overtime of this position. Overtime reimbursements for this position are deposited into the City of Kenai — General Fund. Actual overtime costs for the drug unit officer from Oct. 1, 2012 to April 30, 2013 are $2,343.04. I am requesting an ordinance appropriating $2,343.04 to the general fund, police overtime account to cover the unbudgeted JAG officer overtime costs from October 1 2012 to April 30, 2013. Page 188 of 210 V "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1111' 1992 MEMORANDUM TO: Mayor /Council Members FROM: Corene Hall, Deputy City Clerk DATE: May 1, 2013 RE: MINI -GRANT PROJECT UPDATES As required by the Together We Can! City of Kenai Mini -Grant Procedures, attached is a final project report for the following completed mini grant(s): Grant No. 2012 -03 — Missy the Moose The final project reports include the description of the project, costs involved and how the mini -grant funds were used. Page 189 of 210 roc��Fe WE CANi City of Kenai Mini -Grant Report Form (Due within 30 days of project completion.) Grant Number: r� - U Date Received: 7 -'4 -1-4- Name of Group /Individual: E k"ie l 7 Z-- Contact Name: Mailing Address: 357&1 ArUi4 4a AW kem Ai< 94bii Phone: N67)776 - 11(,3 Email: eeA&, .4w anL;dAiofwm ;l,r�rA 1., Describe the completed project. Attach photo and documentation. • 2. How did you use the grant funds? I Je fa rin h rc r i Anikjren t>(7 ktnai c nA e ar lAm(2 I - M (lit YEN/ I 3. How successful was your project? If LS�S tl i G rczjci i T" C'C tdreo er1 Yi < c v�ti t beliieue i- (aQA n WSi�l. -ue r nn fIALM 4. Who assisted with your project? my Gtkr S' laurnah aMd my fa r 3oe itizze, Statement: Following submittal of the brief written report and all expense receipts being turned in to the city of Kenai's Mini -Grant Steering Committee, the final grant (ten percent, 10 %) will be paid. i Signature: (Print): �4izl12•e R c-cc Date: �f /i3 �-iCEIVED Return this form /receipts to: Kenai City Clerk O ,U 210 Fidalgo Avenue Kenai, AK 99611 -7794 1� ; k .ry Clerk's Office Page 190 of 210 April 29, 2013 THE STATE °fALASKA GOVERNOR SEAN PARNELI Mr. Rick R. Koch City of Kenai City Manager 210 Fidalgo Avenue Kenai, AK 99611 -7794 Dear City Manager Koch: Department of Fish and Game DIVISION OF SPORT FISH Headquarters Office 1255 West 8th Sheet P.O. Box 115526 Juneau, Alaska 99811 -5526 Main: 907.465.4180 , Fax: 907.465.2772 (iCCfIVP.d Y/ \ wy - 2 2013 Thank you for your letter dated March 7, 2013 regarding City of Kenai Council Resolution 2013 -03 that requests Fish and Game not extend hours of the Kenai River personal use fishery this summer. I understand your and the City Council's concerns that extending hours of the Kenai River personal use fishery impacts the City's ability to remove fish waste from the north beach at the mouth of the Kenai River. I also appreciate the City's efforts to protect the dunes and upland habitat near the mouth of the river, and improve public access and services used by participants of the fishery. Finally, I applaud the City's endeavors to remove fish waste from the north beach and return this waste to the Kenai River /Cook Inlet where the nutrients help support a healthier ecosystem. The department manages personal use fisheries to provide opportunity for Alaska residents to take a harvestable surplus of fish. It is possible the department will not extend the hours the fishery is open in 2013. Hopefully the Kenai River sockeye salmon run will "behave" in 2013 such that fish may be harvested in commercial, sport, educational and personal use fisheries as prescribed in regulation. It is also possible, given the forecasted total run of nearly 4.4 million Kenai River sockeye salmon, that the personal use fishery may be extended to 24 hours a day per 5 AAC 77.540(c)(1)(A) Upper Cook Inlet Personal Use Salmon Fishery Management Plan. It would be difficult for the department to go outside this management plan if a harvestable surplus of Kenai River sockeye exists, and even more difficult to extend hours of the fishery except for the north beach where the City removes fish waste. It is my fervent desire that the department manage the personal use fishery to put food in Alaskan homes, provide an economic boost to the City of Kenai and its businesses, and minimize environmental and social issues. Department staff will maintain open lines of communication with the City of Kenai on management of the personal use fishery and, as done in the past, provide the City advance notice if we decide to extend hours of the fishery by emergency order. The harvest and participation data that you enquired about specific to the l Ipm -5am time frame we do not collect as part of our personal use harvest reports. However there are a number of factors that likely contribute to angler participation during this time period including tides, lack of crowds and possibly Page 191 of 210 Mr. Rick R. Koch - 2 - April 29, 2013 better catch rates. Additionally, there are folks that have said that the later time periods are the only time they have available to go fishing due to work and personal demands. The Board of Fisheries will discuss proposals that affect the Kenai River personal use and other Upper Cook Inlet fisheries during the 2013 -2014 regulatory meeting cycle. We are certainly expecting that issues that are more social or aliocative in nature will receive the Boards attention as they have in past meetings. I thank you again for expressing your concerns about the Kenai River personal use fishery. Sincerely, Charles O. Swanton Director cc: Governor Sean Parnell Senator Peter Micciche Representative Mike Chenault Representative Kurt Olson Cora Campbell, Commissioner Page 192 of 210 THE STATE °fX-X --- April 19, 2013 GOVERNOR SEAN PARNELL Mr. Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Subject: Alaska Clean Water Action Grant Application Dear Mr. Koch, Department of Environmental Conservation DIVISION OF WATER Alaska Clean Water Actions Program FC cpnve 4Pi1 2 5 2013 555 Cordova Street Anchorage, Alaska 99501 Motn: 907.269.7502 Fax: 907.269.7509 I would like to congratulate the City of Kenai on being selected to receive an Alaska Clean Water Actions (ACWA) Grant from the Department of Environmental Conservation for the Kenai River Bacteria Monitoring project The maximum approved funding level for your project is $80,695 for state fiscal year 2014, dependent upon grant agreement negotiations. This award is contingent on funds being available from the Environmental Protection Agency and Legislative authorization. ACWA ensures that available funding resources are focused on the waters of greatest need for protection, stewardship, and efforts to dean up waters with pollution problems, a primary function of ACWA. Tim Stevens will be the project manager assigned to your grant and will work with you in completing the project work plan for the grant agreement. Tim will assist you in assuring that the deliverable products for your project are well defined and that a specific implementation schedule is evident in your workplan. Changes to your workplan and budget from the grant proposal may be necessary, particularly if the award for your project was changed from the requested amount. Please call Tim at (907) 269 -7515 at your earliest convenience to help make the necessary changes to your workplan and ensure the successful start -up of your project Approval of a current Quality Assurance Project Plan is required prior to collection of any monitoring data, but this can occur after your workplan is approved and the grant agreement is fully executed. This notification of project selection does not imply approval of activities or specific costs shown in your proposal Any cost incurred prior to the executed grant agreement will be your responsibility and will not be reimbursed. I want to thank you for your commitment to protecting water quality in Alaska. Should you have any further questions, please feel free to contact your project manager. Sincerely, Michelle BifYi et Hale Director Page 193 of 210 j "V llaye with a Past, C# witk a Future° Kenai Police Department - 107 S. Willow St., Kenai, Alaska 99611 1I I II Telephone: 907- 283 -78791 FAX: 907 - 283 -2267 - - 1992 Ike ci�l a/ KENAI, ALASKA MEMO* TO: City Council FROM: Rick Koch — City Manager DATE: 512113 SUBJECT: Trade of previously damaged, forfeited vehicle On February 8, 2013, the Kenai Police Department took possession of a forfeited, damaged vehicle. The vehicle was forfeited as a result of a federal investigation. The federal agency offered the vehicle, as is, at no cost to the Kenai Police Department. Chief Sandahl was hopeful that the vehicle could be put into service with minimal repair costs. However, staff from the City Shop and Police Department determined the vehicle requires significant repairs before it can be operational. To avoid investing repair money into the vehicle, I have authorized the trade of the vehicle to Stanley Ford in return for a comparably valued vehicle that can be put into service immediately. Please feel free to contact me with any questions regarding this vehicle trade. Page 194 of 210 POLICE DEPARTMENT MID -MONTH REPORT April 2013 Me�lyof KENAI AIASKA TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chiel`4 -!�7" DATE: 4/9/13 SUBJECT: Police & Communications Department Activity — Month of April 2013 Police handled 599 calls for service (down from 642 in April 2012). The Communications Center received 204 emergency 9 -1 -1 calls (126 from cell phones). Communications personnel handled 5,550 administrative phone calls during the month of April. Officers made 58 arrests and wrote 232 reports. Traffic enforcement resulted in 159 warnings, 26 speeding tickets, 10 seatbelt tickets, 14 citations for equipment violations, and 28 citations for "other" traffic violations. There were 6 DUI arrests (0 felony). Police investigated 4 vehicle crashes. None of the crashes were DUI - related, and 1 of the crashes involved a moose. On April 1, Officer Prins and Officer Ezell attended a two -week control tactics instructor course in New Mexico. On April 4 and April 18, several officers attended a bird hazing course in preparation for annual bird issues at the Kenai Airport. On April 8, Officer Russell and Officer Hamilton attended a one -week Methods of Instruction class in Anchorage. On April 17, Dispatcher Cline attended an Emergency Medical Dispatch conference in Salt Lake City. On April 23, most police officers participated in control tactics training in the KMS mat room. On April 23, Comms. Supervisor Nusbaum attended Uniform Crime Reporting (UCR) training in Anchorage. On April 25, three officers attended Advance Roadside Impairment Driving Enforcement training in Soldotna. The Kenai Police Department has maintained an elevated presence (in addition to SRO presence) in Kenai schools from January to May. Page 195 of 210 KENAI COMMUNITY LIBRARY MID -MONTH REPORT the u�yof MAY 2013 KENO ALASKA U April Circulation Fisures Adult Fiction 1,751 Intemet Access 1,394 Adult Non-Fiction 1,710 Dowuloadable Audio 379 Young Adult Fiction 352 Video 1 Periodicals 178 Room Booking 177 Juvenile Fiction 724 Music 205 Juvenile Non-Fiction 437 DVDs 3,205 Easy Fiction 1,776 Audio books 255 Easy Non- Fiction 386 Miscellaneous 265 Interlibrary Loan 39 Computer Programs 8 Total Print 7,353 Total Non -Print 5,510 Total Circulation 12,863 In -House circulation 589 Library Door Count....... 9,427 Dowuloadable Audio 379 Freegal Music 135 Downloadable EBooks 410 Circulation figures increased 8% over April of last year. In April we had 2 volunteers who worked putting in a total of almost 50 hours. There were 9 Children's programs with 371 total attendance, 3 teen programs with 104 total attendance and 13 ,adult programs with 79 participants. Kyrstin went to Head Start and read to 71 children. Two school groups came in with a total of 59 students. Inter Library Loan logged 50 orders with 48 items received, 56 returned and 38 items lent by our library to other institutions. APRIL Income Fines $1,201.95 Xerox 117.50 Lost/Damaged 90.86 Test Proctoring Fee 20.00 Printing 311.00 Other 35.00 Total income $1,776.31 Library Cards Issued April ILL 2 Intemet Only 1 Kasilof 1 Kenai 56 Nikiski 6 Ninilchik 1 Non Resident 5 Soldoma 23 Sterling 5 Other Peninsula 27 Organization & Other 4 Total 131 Page 196 of 210 Municipal Airport Airport Improvement Proaram: May 2013 Airport Manager's Report Master Plan — The Phase One Report containing the Aviation Activity Forecast was approved by the FAA on February 26, 2013, which allowed us to proceed with the Phase II and Phase II reports. The Phase II report containing Facilities Requirements, Alternatives, and Environmental Conditions is ready for review by the Technical Advisory Committee. Tree Obstruction Clearing Project: This project is being advertised from April 25 to May 25, 2013. The bid opening is scheduled for May 29'h. Work is scheduled to start after July 15m Airfield Marking — Plans and specs are complete and the City's front -end bid documents are being prepared. The project will be advertised and bid with painting to start this summer. Wildlife Hazard Assessment - Airport Administration has completed their review and the FAA is finishing their review. After review the Wildlife Management Plan will be developed based on the assessment with the recommendations for habitat modification, management needs, and population management strategies to minimize wildlife hazards on the airport. In- house: 13th Annual Kenai Peninsula Air Fair — First meeting held May 7, 2013. If you would like to volunteer, please contact Erica at 283 -7951. Great Aviation Gathering — Airport Manager and Assistant traveled to Anchorage on May 3`d- May 5th. Excellent opportunity to promote the Kenai Airport, 13th Annual KPAF, and the Kenai Industrial Park. Spring Clean Up — Crew is continuing with spring cleanup. Annual FAA/Airport Minority & Advisory Conference- Airport Manager and Assistant will be attending the 29th AMAC conference June 8 - June 12 in San Diego. 10ildcaiP1.1 Page 197 of 210 ANIMAL CONTROL MID -MONTH REPORT — April 2013 thca�uf KENA SKA D.O.A. 11 2 EUTHANIZED 20 41 Dogs 2013 2012 Dogs 2013 2012 IMPOUNDED 43 76 ADOPTED 51 54 Dogs 29 57 Dogs 24 39 Cats 14 15 Cats 25 15 Other Species 0 4 Other Species 2 0 RELEASED BY OWNER 48 44 CLAIMED BY OWNER 20 24 Dogs 17 24 Dogs 19 23 Cats 29 20 Cats 1 1 Other Species 2 0 Other Species 0 0 D.O.A. 11 2 EUTHANIZED 20 41 Dogs 8 2 Dogs 3 18 Cats 3 0 Cats 17 19 Other Species 0 0 Other Species 0 4 TOTAL ANIMALS 102 122 Other Disposition 0 1 Known Borough Animals 26 19 Field Investigations 92 83 Total Dogs 54 83 Volunteer hours 50 168 Total Cats 46 35 Total phone 526 608 Total Other Species 2 4 Kennel Permits 0 0 Community Involvement Projects: 4/18/2013. We provided another dog to the Wildwood Prison dog training program Page 198 of 210 PUBLIC WORKS DIRECTOR - CAPITAL PROJECTS MANAGER MAY 2013 MID -MONTH REPORT TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager DATE: May 7, 2013 SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • Street Lead Operator position filled by James Lackey. • Operator 1 recruitment in progress. Interviews May 8 -9. • Lead Building Maintenance Technician recruitment in progress. Opening closes May 28. • Dock Dredge Study - Consultant performing site visit May 10. • Fuel Furnish and Dispense and Furnish and Deliver contracts out for bid. Bid openings May 23. • APDES permit renewal application in progress. Estimated completion date early June. • Dock and ramp floats to be installed in May. • New Trackless received. Status of Projects: • New Maintenance Shoo Design — Construction out for bid. Bid opening May 29. • James Street 1 Scenic Overlook Paving — Project suspended for winter. • Municipal Park Improvements - Project suspended for winter. • Kenai Industrial Park— In construction. • Water Treatment Facility — Closeout of punch list in progress. • Airport Way & Main Street Asphalt Upgrades — Awarded to Alaska Roadbuilders. Construction scheduled for May 17 — 25 for Main St. and May 24 - 28 for Airport Way. • Central Heights Roadway Improvements — Awarded to Alaska Roadbuilders. • Vintage Point and Senior Center Siding — In design. Target bid release late May. • City Hall and Senior Center heated sidewalks — Consultant site visit May 8. • Police Dept. Parking Lot Improvements — Design complete. Bid pending addition of citywide asphalt and concrete improvements project design. • Citywide Asphalt and Concrete Improvements — 95% drawings received May 7. Review in progress. • Dipnet Shack Permanent Power — Construction out for bid. Bid opening May 21. • Public Safety Building Soffit Repair — Proposal for metal siding under review. • Senior Center Solarium Ceiling Repair — Pending confirmation of roof repair. • Senior Center Wallpaper— Materials ordered. ETA 2 weeks. • Lift Station Radio Testing — In progress. New antenna placed on PSB tower. • Flight Service Station Upgrades — Design in progress. • Meeks Trail Repair — Design in progress. Target pre -bid meeting May 15. Page 199 of 210 KENAI SENIOR CENTER May 2013 REPORT the KENNA SKA To: Rick Koch, City Manager From: Rachael'S. Craig, Senior Center Director Date: May 8, 2013 Total April Meal Count 2013 Served: Total Congregate Meals Served: 1,251 Total Home Meals Served: 2,336 Total April Meal Count 2012 Served: Total Congregate Meals Served: 1,102 Total Home Meals Served: 1,509 During the month of April the senior center was rented once. Volunteers provided 387 service hours. During the month of April the senior volunteers and staff provided early morning (4a.m.) breakfast- brunch to 160 Junior - Senior Prom attendees and their chaperons. All ages had a great time. This is an annual event the volunteer seniors look forward to each year. We provided space for AARP Defensive Driving Class. There were 33 in the class, of those 16 were seniors. We held a Face book 101 class with two seniors in attendance. One of the seniors was illiterate and attended because he had heard family was trying to contact him through face book. Junie Steinbeck, FNBA, facilitated a class, "Protect Yourself Financially." 7 seniors participated. Junie felt the class went very well and is willing to facilitate another class. Fourteen Mountain View 2"d grade kids of Mr. Mc Kibben's class interviewed 10 seniors who have lived in Kenai. The 2nd graders are planning on doing a time -line of Kenai history along with the stories that the seniors shared with the children. Director, Administrative Assistant, and ActivityNolunteer Coordinator attended an 8- hour "Logic Model" workshop facilitated by the DDSS and Foraker. The state uses a logic model structure for the biannual reporting. Coleene Rumaner, the volunteer nurse, volunteered taking blood pressures twice a week. At the end of the month, she gave her clients a copy of their monthly blood pressure readings. It has been very helpful for seniors that track blood pressures for their doctor. Eleven staff was CPR and first aid certified through a class and testing for two years through the American Heart Association. Page 200 of 210 ` PARKS & RECREATION MID -MONTH REPORT May 2013 theu�af KEN ALASKA The department has been busy buttoning things up after the long winter months and making preparations for the upcoming summer season. The following is a list of recent accomplishments: ✓ Remaining ice was removed from MPF. ✓ Sand removed from several sidewalks around town. ✓ Litter patrol along the Kenai Spur Hwy (targeting larger items uncovered from snow). ✓ Director met with Kenai Lions Club for a May 18th Community Clean -up; preparation involves Parks, Kenai Lions, Kenai Visitors /Chamber of Commerce and Public Works. ✓ Field preparation made to Kenai Little League Field #3 and the Adult Softball Field #3 for KCHS play. ✓ Staff spent several hours grooming the past couple weeks putting the Arctic Cat snow machine through tests in attempt to work through some overheating issues. ✓ City yard clean up and organization; City Shop personnel has been busy performing pre- season maintenance to all our equipment. ✓ Accepted delivery of annual fertilizer, new John Deere Tractor, and ATV's. ✓ Received landscape bricks for the All- American City Sign. Delivery of our bare root plant material is scheduled to arrive next week, ✓ Secured contractor to clear access into back -side Daubenspeck Family Park. • Met with City staff and Nelson Engineering for solutions on how best to address erosion at Meeks Trail. • Remaining static winter decorations in various locations removed. • Working on securing signs and sign material for upcoming dip net season. ✓ Secured contractor for installing landscape brick around "town tree" at LH Memorial Park. ✓ Sign -ups for Kenai Community Gardens are looking strong and planning is under way for adding more garden spaces for upcoming season. ✓ Installed a bench at Cunningham Park through the Adopt -a -Bench Program. Page 201 of 210 u To: Rick Koch, City Manager FINANCE DEPARTMENT MID -MONTH REPORT ZFrom: Terry Eubank, Finance Director / Date: May 9, 2013 Re: Monthly Report May 2013 The past month has been a busy one with much of the department's focus on the preparation of the FY2014. Budget Ordinance adoption is schedule for the May 15th Council meeting. City code requires adoption by June 10th. The Resolution establishing the 2013 mill rate is included in the packet for adoption at the May 15th Council meeting. The department along with the Employee Health Care Committee has completed an evaluation of a proposal from United Health Care. The result is a recommendation from myself and the committee to switch health care providers July 15f. This process is not expected to be without issues but appears in the best interest of the City and its employees. Insurance renewals were due last month and I am expecting another good renewal year. Additional information will follow as the renewal is finalized. The City also submitted its premium credit application for the upcoming renewal year. I will be attending the annual conference of the Government Finance Officers Association of the U.S. and Canada which is being held in San Francisco June 2 — 5. This conference provides comprehensive training on trends in governmental accounting as well as discussion on new accounting rules that have or will soon be issued. Ike ci�' 0 ' �� KENAALASKA FIRE DEPARTMENT MID -MONTH REPORT May 2013 Things are steady here at the Fire Department. Run volume is right on track down the exact call number from last year at this time. It is this time of year when we start to think about Wild land fires. In preparation for the spring fire season our employees have started training with State Forestry on refreshing their wild land tactics. The apparatus have been stocked with different tools and supplies for this season. We continue to have residents stopping in for their yearly burn permits so spring is upon us. Additionally we have been working with the Tanker Air Base at the Kenai Municipal Airport to assure they have the water they need to start their season. Last month Battalion Chief Prior attended training with the Hilicorp Company for emergency preparedness for pipeline emergencies. We will continue to work closely with them as their presence is becoming more prevalent in our community. Three of our employees attended a Driver Operator course held at Beacon the week of May 6 -10. This is a State Certified class that instructs most all aspects of driving, pumping and operating tankers and pumpers. Chief Tilly attended a meeting with the State of Alaska Division of Homeland security for an upcoming vulnerability assessment of some critical infrastructure within the City of Kenai. This will help identify and serious gaps in security and identify any upgrades that might be taken care of Crews have been out doing the yearly hydrant maintenance in all areas of the City. We have been working closely with the Water Department in hopes of maintaining appropriate water levels and reducing any discoloration of the domestic water that might occur. So far we have been successful. We anticipate a busy summer with the warmer weather will come the tourists and weekend people from outlying areas. We are continuing to stay involved with Safe Kids and doing car seat checks at the Fire Station. Kenai Peninsula College is still sending students to our station for their Paramedic ride along program, Page 203 of 210 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 204 of 210 or I r w w&_,« e a 2 2 e a w z G ) iL w � \ \ ` - e q m \ 0 } \ ) \ § 0 \ / j » z m z = e F` 2 0 o > R G m e 2% < G \ } \ \ / \ / § / \ ( m m 0 \ @ \ 7 w w w§ w w + / / $ < ® ) I ° � 2 \ \ \ \ \ \ z z z ) k 0 0 0 \ <} 0 0 0 0 0 0 w w§ 7 ) ) & > @ ) % § ( g § § / E ± IL / ® / » ) j § 5 ± _ _ + 4 n LU } z ( _ / ( \ kz f < 00 ¥0 o Of m im 0= m\ ) /� §\ � } ) ( (w - 0\ \ } § §z w < 0 ) \\z Z# &@ C2 F- g o q , e LU m u z 7 w§ }§ G - ) \ m§ LU g / e / / $ / / j k D to ` k ( < Sc } + § w ( / $§ ® § 0 J w z 0 ƒ t @ e Z # = 2 m e u k LL m e a±> § § @ 3 \ 0 } * [ > § Z ) \ � z k \ 0 } E w G / § } 0 ( » ° L \ @ § \ 0 m w § w ) ° z z < ) « « o) u o f/ 0 w £§ k / \\ » 0 ( z( z i 2 >/ ) 0 z m >= ) 0 w g\ s 5< R 2 j, z w m= o //< > w< 5 ? z\ k& m< 2 Page 205 g "Villaye with a Past, Ci� with a fidure" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illl�� 1992 MEMO: TO: Rick Koch, City Manager FROM:I Robert J. Frates, Parks & Recreation Director DATE. April 23, 2013 SUBJECT: Fertilizer Purchase Purpose of this correspondence is to support the purchasing of our annual fertilizer through Alaska Garden & Pet Supply. Written quotes for ten (10) tons of fertilizer were solicited from Alaska Garden & Pet Supply and The Home Depot (Kenai). Another local supplier, Cad -Re Feeds, declined. I received the following written quotes: • Alaska Garden & Pet Supply $10,000 ($.50 /pound) • Home Depot $12,500 ($.62 /pound) Alaska Garden & Pet Supply is Alaska's only full service manufacturer and distributor of fertilizer and always very competitive with their pricing. Considering that Alaska Garden & Pet Supply is 25% lower in cost, I am requesting to purchase our bulk fertilizer from Alaska Garden & Pet supply. KENAI RIVER Special Management Area "Working together.. for the river" Kenai River Special Management Area Advisory Board *" Meeting Agenda"** Thursday May gin, 2013 5:30 p.m. Gilman River Center CALL TO ORDER A. Roll Call; B. Minutes Approval C. Agenda Changes and Approval II. Public Commentslloresentations III. REPORTS A. Agency and Government Reports a. State Parks —Jack Blackwell b. DEC -Tim Stevens C. ADF &G- Tom Vania/ Robert Begich d. USF &WS- Andy Lorangerl Janet Schmidt e. USFS /Chugach- Bobbie Jo Kolodziejski f. City of Kenai- Sean Wedemeyer, Rich Koch g. City of Soldotna- Andrew Carmichael h. Kenai Peninsula Borough- Brent Johnson 3. Committee Reports a. President's Report b. Guide Advisory c. Habitat d. River Use e. Legislative /Government Activities I. Board Development g. Agenda/Board Structure /Housekeeping IV. OLD BUSINESS Action Items: 1. Renaming of Big Eddy State Recreation Area to Harry Gaines State Recreation Area. 2. Letter to the Kenai Peninsula Borough supporting the50' Habitat Protection ordinance. NEW BUSINESS VI. CORRESPONDENCE VII. PUBLIC COMMENT Vlll, ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting September 12'", 2013 at 5:30 p.m. Vyti, Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907- 262 -5581 P Kenai Peninsula Borough, 144 N. Binkley, Soldotna, AK 99669 907 - 262 -4441 Gilman River Center 514 FunnyT River iver RoaVd,! S'Voldro'Ztn�ai, � AK o p99669. 907 - 2604882 AlaskaDivion of Pak and Outdo Raeatia � v m me Kenai Peninsula eorouh ` °e KFNAIZNFR 40 Kenai River Special Management Area Advisory Board "' Meeting Minutes"' Thursday April 11, 2013, 2013 5:30 p.m Gilman River Center CALL TO ORDER A. Roll Call: Joe Connors, Ricky Gease, Brenda Trefon, Carol Padgett, George Heim, David Carey, Andrew Carmichael, Bruce King, Teri Carter, Brent Johnson, Janet Schmidt, Andy Loranger, Robert Begich, Jack Blackwell. Tim Stevens, Bobbi Jo Kolodzlejski. B. Minutes Approval: The minutes were amended under committee reports B. the space was removed between paragraphs Minutes were approved as amended. C. Agenda Changes and Approval: Ricky Geese added an item under new business, the application to change the Big Eddy Day Use Area to the Harry Gaines day use Area. The agenda was approved as amended. Public Comments /Presentations — Jim Richardson, past member and president of the Kenai River Special Management Board. Jim had been in contact with the board from the months of September to present in regards to the City of Kenai Comprehensive Management Plan. Jim was specifically concerned with the change in designation of Beaver Loop and the Angler Driver area to a multi use area which would significantly increase in commercial and high - density residential development Jim and others feel this would have a significant adverse effect on the lower Kenai River and its Beaver Creek tributary There has been opposition for this change and Jim was grateful that KRSMA was able to send a letter also stating it opposition to this change. At this time the City of Kenai has removed the Beaver Creek and Angler drive area off the table to change the designation. Now the proposal is to rezone the area to residential At this time there are no details to determine what impact this change may have on the area. Jim is very passionate about the lower Kenai area. Jim thanks the board for sending the letter and will keep the board inform on any future developments Ron Weilbacher spoke in opposition of changing the Big Eddy Day Use area to the Harry Gaines Day Use Area. RW would like to suggest that if we are going to rename it, select someone who has really done something significant for the river Maybe it should be named Ted Steven or RL Parker REPORTS A. Agency and Government Reports a. State Parks - Jack Blackwell reported how the process for naming a slate park will proceed. It uses the same criteria as that of the office of History and Archaeology uses for naming features in the state. The person must be decreased for 5 years. The person must have made a noteworthy contribution to Alaska and has had a long term association with the feature- Also the name needs to be approved by the neighborhood The state attorney has stated that the park requires legislative action to change the name of this park. The operating budget is currently being worked on by the legislature for the fiscal 2014 and there will be a gap in the personnel service funding for park staff. We have a 500,000 shortfall statewide. This will significantly affect the Kenai Area as the Natural Resource Specialist that works at the Gilman River Center assisting in permitting will not be filled. Also, the Seward Ranger II position which will currently become vacant will also not be filled. Also the seasonal ACC (Alaska Conservation Corp), which include three position n the Kenai Peninsula will not be filled. The KRSMA board was very active in working with the Legislature and helping in restoring the Kenai River Ranger that was vacant approximately 2 years ago. At this current time that has been left in the proposed budget to be rehired as of July 1, 2013. Jack Blackwell thanked the board for all there effort in helping in restoring this position. b. DEC - Tim Stevens reported as of April 11, 2013 the City of Kenai will receive a grant to look at bacteria in the water during the personal use fishery. This is a project that has been operating for the last three years. c. ADF &G —The biggest change in the Kenai River drainage is the new sonar site at 13.7 for both early and late run Chinook salmon. The past sonar site at mile 8.6 site will be operating for the next few years to determine if the mile 137 site will become permanent. Flyers are available at the Fish and Game and Stale Park offices. d. USF &WS — Janet Schmidt reported that the Kenai National Wildlife Refuge visitor center is still in the design phase. The Refuge is moving forward hiring seasonal folks, some of the personnel is professional volunteers that are coming In from the lower 48. They will be assisting in running the visitor center and campgrounds. Janet stated that the Refuge is looking at 5% cut in budget for the 2014 year. Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907 - 262 -5581 Kenai Peninsula Borough, 144 N. Brinkley, Soldotna, AK 99669 907 - 2624441 Gilman River Center 514 Funny River Road, Soldotna, AK 99669, 907 - 260 -4882 Alaska Division of Parks and 00doo, Recreation De p aril a yr111i"Paration win Rte Kenai Peninswia Borough 40 b I L � V nRaU e. USFSIChugach —Bobbie Jo Kolodziejski reported that the forest service is in the same budget situation. They will experience a 5% cut across the board. Fortunately the Chugach National Forest Service has approximately a 30% vacancy due to retirements. Bobbie Jo position and project has not been cut so they will have full staff out and about working in the Russian River Area. Travis Mosely is leaving the USFS for a position in Mexico. The 5 year Russian River action plan has been completed and is currently available on the web page. f. City of Kenai - Sean WedemeyerlRick Koch was not present. g. City of Soldotna — The City of Soldotna budget has added funding for 2 additional seasonal campground employees for the 2013 summer season. Twelve new additional vaults will be installing in Centennial Park. The city is currently working in obtaining 30 new bear proof garbage containers for the area and possible looking at sonar panel trash compactor. These compactors would help diminishing the pickup by approximately 75 %. The final design for Soldotna Park will be completed and the contractor bid for construction should be awarded by May 23, 2013 with a deadline for the end of the 2013 summer. The master recreation plan for the City of Soldotna is currently in reviewed. h. Kenai Peninsula Borough - Brent Johnson reported about the anadromous stream habitat protection committee. There are a few streams along the Kenai that may be affected if this ordinance if passed. The public has voiced a strong opposition to the ordinance. There was a disconcerting meeting in Nikiski that all attendees spoke in opposition to the ordinance. Anchor River was also against it except for 4 people. The assembly will not take action until the task force has completed there report. Assemble member Kelly Wolf has submitted a request that the ordinance be completely thrown out. Brent recommended that KRSMA should resend the letter to the borough assembly supporting the ordinance. B. Committee Reports a. President's Report — Joe commented that he attended there committee meeting with approximately 10 to 12 people at each committee. Joe thanked everyone for the participation Joe also stated that he visited with each of the legislature that was in town about the Kenai River ranger position. b. Guide Advisory - Joe Connors reported that this was a well attended meeting. Four subjects were discussed. 1. The renaming of the Big Eddy Day use area to the Harry Gaines Day use area. The committee discussed this thoroughly and the committee voted unanimously is support of the change. 2. The new sonar site. Robert Begich talked about the concerns and all questions were responded to satisfaction. 3. The subject of turbidity which will be discussed under new business 4. State wide guide bill and it is not being considered at this time. c. Habitat - Bruce King reported that the committee also discussed the subject of turbidity, which will be discussed further under ne business. d. River Use — Carol Padgett stated reported that the committee had discussion about the Bing's Landing Boat Launch design . Jack Blackwell staled that the design is still in draft form. The committee recommended that Parks should look developing a dual launch facility. The committee also discussed with Janet Schmidt from the Refuge about Jim's Landing and the problem with boat congestion. The committee would like to be included in the design phase and have an opportunity to submit comments. Carol discussed where we State Parks were at with the Kenai River baseline boat count. At this time it is believe that this will not happen for the 2013 year and will send a letter to Ben Ellis asking for funding to the 2014 season. They also discuss the human waste management on the upper and middle Kenai River. Looking at options of education and infracture and having what is know as a poop patrol. A presentation will given at May's meeting. Maps as to where there is a bathroom The red salmon Stamp is still in discussion and some of the discussion is what the money would be used for. Draft up a concept and bringing it to board. e. Legislative/Government Activities — No report f. Board Development - No report g. Agenda /Board StructurefHousekeeping — No Report III. OLD BUSINES -Action Item: Page 209 of 210 IV. NEW BUSINESS a. Discussion about the turbidity in the Kenai. Dec is currently being asked if they are going to list the Kenai River as impaired for Turbidity. Tim stated that the report was due back in April 2012 and the report was giving to EPA and they reported that they found far more exceedances then they like and would like to see DEC to list the Kenai River as impaired. There are four options to consider: 1. One is to go out with an integrated resort again listing the river as impaired. This process would involve going out for public comment. 2. Don't list the river and run the risk of EPA overriding the decision and listing the Kenai River as impaired. EPA met with DEC and putting off the decision until 2014 to obtain more information which again would run the risk of EPA overriding DEC and listing the Kenai River as impaired. 3. Don't submit and 2012 report and wait until 2014. 4. If they do not submit a report this again would run the risk of EPA overriding DEC and listing the Kenai River as impaired for drinking water and recreational use. This would impact the science, economic and social values of the river. All users would be affected. There are certain times of the years and certain days that we exceed the standards. Bruce commented that the Habitat committee has been looking at potential options. This would help to come up with a suite of options to look at the help the solution before the recommendation is imposed by regulations. Some recommendations are such as staggering start times, don't allow the personnel use fishery to run up the river to exit or enter the fishery and drift boat only. Tim handed out the Kenai Watershed Report from the peer review which explains the statistical method. If listed it would be listed for impaired drinking water standard and recreational standard would only be listed for the month of July from mile 12.5 to mile 5. b. The application for changing the name of Big Eddy Day Use area to the Harry Gaines Day Use Area. An application was submitted to Alaska State Parks. He was a resident in Alaska for 21 years, he is a pioneer fishing guide. He was known as quarter mile Harry because he never fished more than a quarter mile form hi home which is located a quarter mile away from the Big Eddy Day Use Area. A two page summary was also submitted. They are currently in discussion on how to proceed with these processes. This process will have to go through the Borough Planning commission. V. CORRESPONDENCE - None VI, PUBLIC COMMENT- Mel Kroseng lives on Big Eddy Road and she has owned her property since 1975. Mel Kroseng commented on the renaming of the Big Eddy Day Use Area. She is opposed to the renaming it is inappropriate and is a conflict of interest. Big Eddy is known by that name by many people and do not wish to have a name change. There is an area that is names the Harry Gaines Camp. Bob Kroseng, thank Jim Richardson for all of his work on the City of Kenai Comprehensive plan and the designation from residential or multi -use. He also stated is that he is not in favor of renaming the Big Eddy Day Use Area. Name it for someone who love the River and has does a lot for the River, such as Ted Stevens. VII. ADJOURNMENT A. Board Comments -none B. Date /Agenda of Next Meeting May 9, 2013, 2012 at 5:30 p.m. If you would like to tele- conference the meeting the number is 714 -2471 Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907- 262 -5581 Kenai Peninsula Borough, 144 N. Binkley, Soldotna, AK 99669 907 - 262 -4441 x, Gilman River Center 514 Funny River Road, Soldotna, AK 99669, 907- 260 -4882 Alas" DN,s,.n of Peke and Dufdoor Recreation. erfinent etwei Reseu 19 in moparation with the Kenai Peninsula Borough e �210 A U NOTICE OF PUBLIC HEARING MAY 15, 2013 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. 2689 -2013 — Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2013 and Ending June 30, 2014. 2. Ordinance No. 2690 -2013 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled 'Pay Plan" to Include, the Fiscal Year 2014 Operating Budget Pay Schedules. 3. Ordinance No. 2691 -2013 — Amending the Kenai Municipal Code 23.55.030 Entitled "Qualification Pay" to Provide a One Pay Range Increase for Qualified Driver /Operators in the Fire Department and Incorporate Changes Adopted in the FY2014 Operating Budget. 4. Ordinance No. 2692 -2013 — Amending the Kenai Municipal Code Section 23.40.120, Medical and Hospital Insurance to Specify that Employees Shall Pay a Percentage of Medical and Hospital Insurance Plan Costs Recommended by the City Manager and Approved by the City Council. 5. Ordinance No. 2693 -2013 — Amending the Kenai Municipal Code Sections 23.25.050, Pay Day, 23.25.060, Overtime, and 23.40.030, Annual Leave, to Provide for a Bi- Weekly Pay Period Instead of a Monthly Pay Period. 6. Ordinance No. 2694 -2013 — Amending the Kenai Municipal Code Section 23.25.065, Shift Differential Pay, to Pay Employees Shift Differential Pay for Each Qualifying Shift Worked. 7. Ordinance No. 2695 -2013 — Amending Kenai Municipal Code Chapters: One (1), Agencies, Officers, and Employees; Ten (10), General and Miscellaneous Provisions; and Twenty Three (23), Personnel Regulations, to Clarify that Employees of the City that Are Not Exempted from the Overtime and Minimum Wage Provisions of the Fair Labor Standards Act Are Paid on an Hourly Basis and Not a Salary Basis. 8. Ordinance No. 2696 -2013 — Amending Kenai Municipal Code Sections 23.25.060, Overtime, and 23.30.050, Business Hours and Hours of Work, to Accommodate a New Work Schedule for Employees Performing Fire Protection Activities and Minimizing the Financial Impact of the Change to the City by Reducing the Overtime Rate for Fire Protection Employees. 9. Ordinance No. 2697 -2013 —Amending Kenai Municipal Code Section 23.25.070, Acting Positions, to Provide for Consistent Application to Employees with Different Work Schedules. 10. Ordinance No. 2698 -2013 — Increasing General Fund Estimated Revenues and Appropriations by $83,721 for Costs in Excess of Budgeted Amounts. 11.0rdinance No. 2699 -2013 — Increasing Airport Fund Estimated Revenues and Appropriations by $29,486 for Costs in Excess of Budgeted Amounts. 12. Ordinance No. 2700 -2013 — Increasing Water & Sewer Fund Estimated Revenues and Appropriations by $21,255 for Costs in Excess of Budgeted Amounts. 13. Ordinance No. 2701 -2013 — Amending the Kenai Municipal Code Section 1.15.130, Telephonic Participation, to Remove the Requirement that a Request for Telephonic Participation by a Council Member for a Council Meeting be Made in Writing and Reducing the Requirement of Advance Notice to at Least Three Hours Prior to the Start of the Meeting. 14. Ordinance No. 2702 -2013 — Amending Kenai Municipal Code (KMC) Sections 14.20.200, Accessory Structures, and 14.24.020, General Requirements - Development Requirements Table, to Amend Setback Requirements and Merging KMC Section 14.24.030, Addendum to Development Requirements Tables, into KMC 14.24.020 and Deleting KMC 14.24.030 for Purposes of Clarity. 15. Resolution No. 2013 -27 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Adopted During the FY2014 Budget Process to include Increasing Camping and Parking Fees Associated with the Personal Use Fishery, Increasing Monthly Rental Rates at Vintage Pointe, and increasing Fees for Water and Sewer Service. 16. Resolution No. 2013 -28 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July1, 2013 and Ending June 30, 2014. 17. Resolution No. 2013 -29 — Authorizing the City Manager to Enter into a Contract with United Health Care to Provide Employee Health Care to City Employees Effective July 1, 2013. 18. Resolution No. 2013 -30 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Lake and Peninsula Airlines, Inc. 19. Resolution No. 2013 -31 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Era Aviation, Inc. 20. Resolution No. 2013 -32 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Grant Aviation. 21. Resolution No. 2013 -33 — Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Kenai Municipal Airport Landing Fees and Terminal Rents Per Amendments to the Airline Operating Agreement to be Effective June 1, 2013. 22. Resolution No. 2013 -34 — Authorizing a Budget Transfer within the General Fund Parks, Recreation and Beautification Department for Overtime and Leave in Excess of Budgeted Amounts. 23. Resolution No. 2013 -35 — Authorizing the City to Enter into an Airline Operating Agreement and Terminal Area Lease with Lake and Peninsula Airlines Inc. 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. Sand Modigh, I C, City Clerk Poste : May 10, 013 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE MAY 15, 2013 KENAI CITY COUNCIL MEETING 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. 2689 -2013 — Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2013 and Ending June 30, 2014. 2. Ordinance No. 2690 -2013 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2014 Operating Budget Pay Schedules. 3. Ordinance No. 2691 -2013 — Amending the Kenai Municipal Code 23.55.030 Entitled "Qualification Pay" to Provide a One Pay Range Increase for Qualified Driver /Operators in the Fire Department and Incorporate Changes Adopted in the FY2014 Operating Budget, 4. Ordinance No. 2692 -2013 — Amending the Kenai Municipal Code Section 23.40.120, Medical and Hospital Insurance to Specify that Employees Shall Pay a Percentage of Medical and Hospital Insurance Plan Costs Recommended by the City Manager and Approved by the City Council. 5. Ordinance No. 2693 -2013 — Amending the Kenai Municipal Code Sections 23.25.050, Pay Day, 23.25.060, Overtime, and 23.40.030, Annual Leave, to Provide for a Bi- Weekly Pay Period Instead of a Monthly Pay Period. 6. Ordinance No. 2694 -2013 — Amending the Kenai Municipal Code Section 23.25.065, Shift Differential Pay, to Pay Employees Shift Differential Pay for Each Qualifying Shift Worked. 7. Ordinance No. 2695 -2013 — Amending Kenai Municipal Code Chapters: One (1), Agencies, Officers, and Employees; Ten (10), General and Miscellaneous Provisions; and Twenty Three (23), Personnel Regulations, to Clarify that Employees of the City that Are Not Exempted from the Overtime and Minimum Wage Provisions of the Fair Labor Standards Act Are Paid on an Hourly Basis and Not a Salary Basis. 8. Ordinance No. 2696 -2013 — Amending Kenai Municipal Code Sections 23.25.060, Overtime, and 23.30.050, Business Hours and Hours of Work, to Accommodate a New Work Schedule for Employees Performing Fire Protection Activities and Minimizing the Financial Impact of the Change to the City by Reducing the Overtime Rate for Fire Protection Employees. 9. Ordinance No. 2697 -2013 — Amending Kenai Municipal Code Section 23.25.070, Acting Positions, to Provide for Consistent Application to Employees with Different Work Schedules. 10. Ordinance No. 2698 -2013 — Increasing General Fund Estimated Revenues and Appropriations by $83,721 for Costs in Excess of Budgeted Amounts. 11. Ordinance No. 2699 -2013 — Increasing Airport Fund Estimated Revenues and Appropriations by $29,486 for Costs in Excess of Budgeted Amounts. 12. Ordinance No. 2700 -2013 — Increasing Water & Sewer Fund Estimated Revenues and Appropriations by $21,255 for Costs in Excess of Budgeted Amounts. 13. Ordinance No. 2701 -2013 — Amending the Kenai Municipal Code Section 1.15.130, Telephonic Participation, to Remove the Requirement that a Request for Telephonic Participation by a Council Member for a Council Meeting be Made in Writing and Reducing the Requirement of Advance Notice to at Least Three Hours Prior to the Start of the Meeting. 14. Ordinance No. 2702 -2013 — Amending Kenai Municipal Code (KMC) Sections 14.20.200, Accessory Structures, and 14.24.020, General Requirements - Development Requirements Table, to Amend Setback Requirements and Merging KMC Section 14.24.030, Addendum to Development Requirements Tables, into KMC 14.24.020 and Deleting KMC 14.24.030 for Purposes of Clarity. 15. Resolution No. 2013 -27 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Adopted During the FY2014 Budget Process to include Increasing Camping and Parking Fees Associated with the Personal Use Fishery, Increasing Monthly Rental Rates at Vintage Pointe, and increasing Fees for Water and Sewer Service. 16. Resolution No. 2013 -28 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July1, 2013 and Ending June 30, 2014. 17. Resolution No. 2013 -29 — Authorizing the City Manager to Enter into a Contract with United Health Care to Provide Employee Health Care to City Employees Effective July 1, 2013. 18. Resolution No. 2013 -30 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Lake and Peninsula Airlines, Inc. 19. Resolution No. 2013 -31 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Era Aviation, Inc. 20. Resolution No. 2013 -32 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Grant Aviation. 21. Resolution No. 2013 -33 — Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Kenai Municipal Airport Landing Fees and Terminal Rents Per Amendments to the Airline Operating Agreement to be Effective June 1, 2013. 22. Resolution No. 2013 -34 — Authorizing a Budget Transfer within the General Fund Parks, Recreation and Beautification Department for Overtime and Leave in Excess of Budgeted Amounts. 23. Resolution No. 2013 -35 — Authorizing the City to Enter into an Airline Operating Agreement and Terminal Area Lease with Lake and Peninsula Airlines Inc. 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. San ra Mo igh, CMC, ity Clerk Post May 16, 2013 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING MAY 15, 2013 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *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. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. ENACTED AS AMENDED. Ordinance No. 2689 -2013 — Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2013 and Ending June 30, 2014. 2. ENACTED UNANIMOUSLY. Ordinance No. 2690 -2013 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2014 Operating Budget Pay Schedules. 3. ENACTED UNANIMOUSLY. Ordinance No. 2691 -2013 — Amending the Kenai Municipal Code 23.55.030 Entitled "Qualification Pay' to Provide a One Pay Range Increase for Qualified Driver /Operators in the Fire Department and Incorporate Changes Adopted in the FY2014 Operating Budget. 4. ENACTED AS AMENDED. Ordinance No. 2692 -2013 — Amending the Kenai Municipal Code Section 23.40.120, Medical and Hospital Insurance to Specify that Employees Shall Pay a Percentage of Medical and Hospital Insurance Plan Costs Recommended by the City Manager and Approved by the City Council. 5. ENACTED UNANIMOUSLY. Ordinance No. 2693 -2013 — Amending the Kenai Municipal Code Sections 23.25.050, Pay Day, 23.25.060, Overtime, and 23.40.030, Annual Leave, to Provide for a Bi- Weekly Pay Period Instead of a Monthly Pay Period. 6. ENACTED UNANIMOUSLY. Ordinance No. 2694 -2013 — Amending the Kenai Municipal Code Section 23.25.065, Shift Differential Pay, to Pay Employees Shift Differential Pay for Each Qualifying Shift Worked. 7. ENACTED UNANIMOUSLY. Ordinance No. 2695 -2013 — Amending Kenai Municipal Code Chapters: One (1), Agencies, Officers, and Employees; Ten (10), General and Miscellaneous Provisions; and Twenty Three (23), Personnel Regulations, to Clarify that Employees of the City that Are Not Exempted from the Overtime and Minimum Wage Provisions of the Fair Labor Standards Act Are Paid on an Hourly Basis and Not a Salary Basis. 8. ENACTED UNANIMOUSLY. Ordinance No. 2696 -2013 — Amending Kenai Municipal Code Sections 23.25.060, Overtime, and 23.30.050, Business Hours and Hours of Work, to Accommodate a New Work Schedule for Employees Performing Fire Protection Activities and Minimizing the Financial Impact of the Change to the City by Reducing the Overtime Rate for Fire Protection Employees. 9. ENACTED UNANIMOUSLY. Ordinance No. 2697 -2013 — Amending Kenai Municipal Code Section 23.25.070, Acting Positions, to Provide for Consistent Application to Employees with Different Work Schedules. 10. ENACTED UNANIMOUSLY. Ordinance No. 2698 -2013 — Increasing General Fund Estimated Revenues and Appropriations by $83,721 for Costs in Excess of Budgeted Amounts. 11. ENACTED UNANIMOUSLY. Ordinance No. 2699 -2013 — Increasing Airport Fund Estimated Revenues and Appropriations by $29,486 for Costs in Excess of Budgeted Amounts. 12. ENACTED UNANIMOUSLY. Ordinance No. 2700 -2013 — Increasing Water & Sewer Fund Estimated Revenues and Appropriations by $21,255 for Costs in Excess of Budgeted Amounts. 13. ENACTED AS AMENDED. Ordinance No. 2701 -2013 — Amending the Kenai Municipal Code Section 1.15.130, Telephonic Participation, to Remove the Requirement that a Request for Telephonic Participation by a Council Member for a Council Meeting be Made in Writing and Reducing the Requirement of Advance Notice to at Least Three Hours Prior to the Start of the Meeting. 14. ENACTED UNANIMOUSLY. Ordinance No. 2702 -2013 — Amending Kenai Municipal Code (KMC) Sections 14.20.200, Accessory Structures, and City of Kenai Council Meeting Agenda Page 2 of 5 May 15, 2013 14.24.020, General Requirements - Development Requirements Table, to Amend Setback Requirements and Merging KMC Section 14.24.030, Addendum to Development Requirements Tables, into KMC 14.24.020 and Deleting KMC 14.24.030 for Purposes of Clarity. 15. ADOPTED. Resolution No. 2013 -27 — Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes Adopted During the FY2014 Budget Process to include Increasing Camping and Parking Fees Associated with the Personal Use Fishery, Increasing Monthly Rental Rates at Vintage Pointe, and increasing Fees for Water and Sewer Service. 16. ADOPTED BY CONSENT AGENDA. Resolution No. 2013 -28 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July1, 2013 and Ending June 30, 2014. 17. ADOPTED BY CONSENT AGENDA. Resolution No. 2013 -29 — Authorizing the City Manager to Enter into a Contract with United Health Care to Provide Employee Health Care to City Employees Effective July 1, 2013. 18. ADOPTED BY CONSENT AGENDA. Resolution No. 2013 -30 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Lake and Peninsula Airlines, Inc. 19. ADOPTED BY CONSENT AGENDA. Resolution No. 2013 -31 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Era Aviation, Inc. 20. ADOPTED BY CONSENT AGENDA. Resolution No. 2013 -32 — Approving the First Amendment to the Airline Operating Agreement and Terminal Area Lease and Authorizing the City Enter into such Agreement with Grant Aviation. 21. ADOPTED BY CONSENT AGENDA. Resolution No. 2013 -33 — Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Kenai Municipal Airport Landing Fees and Terminal Rents Per Amendments to the Airline Operating Agreement to be Effective June 1, 2013. 22. ADOPTED BY CONSENT AGENDA. Resolution No. 2013 -34 — Authorizing a Budget Transfer within the General Fund Parks, Recreation and Beautification Department for Overtime and Leave in Excess of Budgeted Amounts. 23. ADOPTED BY CONSENT AGENDA. Resolution No. 2013 -35 —Authorizing the City to Enter into an Airline Operating Agreement and Terminal Area Lease with Lake and Peninsula Airlines Inc. E. MINUTES 1. APPROVED BYCONSENTAGENDA. *Regular Meeting of May 1, 2013 City of Kenai Council Meeting Agenda Page 3 of 5 May 15, 2013 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED UNANIMOUSLY. Action /Approval — Bills to be Ratified 2. APPROVED UNANIMOUSLY. Action /Approval — Purchase Orders Exceeding $15,000 3. APPROVED UNANIMOUSLY. Action /Approval — New Restaurant/Eating Place Liquor License #5224 for Francisco Rodriguez, d /b /a Playa Azul 4. INTRODUCED AND SET FOR PUBLIC HEARING ON JUNE 5. *Ordinance No. 2703 -2013 — Increasing Estimated Revenues and Appropriations by $512.45 in the General Fund - Police Department for State Traffic Grant Overtime Reimbursement. 5. INTRODUCED AND SET FOR PUBLIC HEARING ON JUNE 5. *Ordinance No. 2704 -2013 — Amending KMC 13.40.040 to Provide for a Seasonal Speed Limit of Twenty (20) Miles Per Hour While Driving Motorized Vehicles on a Certain Portion of the North Shore Public Beach. 6. INTRODUCED AND SET FOR PUBLIC HEARING ON JUNE 5. *Ordinance No. 2705 -2013 — Increasing Estimated Revenues and Appropriations by $2,343.04 in the General Fund — Police Department for Justice Assistance Grant Overtime Reimbursement. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) City of Kenai Council Meeting Agenda Page 4 of 5 May 15, 2013 2. Council Comments L. EXECUTIVE SESSION — None M. PENDING ITEMS — Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section 350.070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures. [Clerk's Note: At its March 6, 2013 meeting, Council postponed Ordinance No. 2656 -2012 for 90 days and the ordinance was referred to administration.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Kenai River Special Management Area Advisory Board Meeting Agenda of May 9, 2013 and Meeting Minutes of April 11, 2013 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -7535 ext 231. City of Kenai Council Meeting Agenda Page 5 of 5 May 15, 2013