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HomeMy WebLinkAbout2014-06-18 Council PacketCITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE JUNE 18, 2014 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. ENACTED UNANIMOUSLY. Ordinance No. 2762 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. Ordinance No. 2763 -2014 — Appropriating Reimbursement Funds Received for Support of Funny River Fire Suppression Efforts. • ENACTED UNANIMOUSLY. Substitute Ordinance No. 2763 -2014 3. ENACTED UNANIMOUSLY. Ordinance No. 2764 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts Providing 2013 and 2014 Summer Ice Sessions at the Kenai Multipurpose Facility. 4. ENACTED UNANIMOUSLY. Ordinance No. 2765 -2014 — Accepting and Appropriations Federal /State Emergency Management Grants for the Response and Recovery from the 2013 October Kenai Peninsula Borough Flood. 5. ENACTED UNANIMOUSLY. Ordinance No. 2766 -2014 — Authorizing a Budget Transfer within the General Fund and Appropriating Funds in the New City Shop Capital Project Fund. 6. ADOPTED UNANIMOUSLY. Resolution No. 2014 -41 —Authorizing the City Manager to Enter into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. 7. ADOPTED UNANIMOUSLY. Resolution No. 2014 -42 — Authorizing a Budget Transfer within the General Fund — Police Department for Leave in Excess of Budgeted Amounts. 8. ADOPTED UNANIMOUSLY. Resolution No. 2014 -43 — Authorizing A Budget Transfer within The Water & Sewer Fund For Leave, Overtime, And Communications In Excess Of Budgeted Amounts. 9. ADOPTED UNANIMOUSLY. Resolution No. 2014 -44 — Authorizing a Budget Transfer within the Water & Sewer Fund for Expenditures in Excess of Budgeted Amounts due to an Error in Formation of the FY2014 Operating Budget. 10. ADOPTED UNANIMOUSLY. Resolution No. 2014 -45 — Authorizing a Budget Transfer within the Senior Citizen Fund for Expenditures in Excess of Budgeted Amounts. 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. Sandra ti gh, C"MC, CG)Clerk Posted: June 19, 2014 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING JUNE 18, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http: / /www.ci.kenal.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) 1. Shannon Hamrick, Kenai Peninsula Tourism Marketing Council — Kenai Peninsula Borough Bed Tax 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) POSTPONED TO JULY 2nd MEETING. Ordinance No. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, 'Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. 2. ENACTED UNANIMOUSLY. Ordinance No. 2762-2014— Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. 3. Ordinance No. 2763 -2014 — Appropriating Reimbursement Funds Received for Support of Funny River Fire Suppression Efforts. • ENACTED UNANIMOUSLY. Substitute Ordinance No. 2763 -2014 4. ENACTED UNANIMOUSLY. Ordinance No. 2764-2014— Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts Providing 2013 and 2014 Summer Ice Sessions at the Kenai Multipurpose Facility. ENACTED UNANIMOUSLY. Ordinance No. 2765 -2014 — Accepting and Appropriations Federal /State Emergency Management Grants for the Response and Recovery from the 2013 October Kenai Peninsula Borough Flood. 6. ENACTED UNANIMOUSLY. Ordinance No. 2766 -2014 — Authorizing a Budget Transfer within the General Fund and Appropriating Funds in the New City Shop Capital Project Fund. 7. ADOPTED UNANIMOUSLY. Resolution No. 2014 -41 — Authorizing the City Manager to Enter into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. 8. ADOPTED UNANIMOUSLY. Resolution No. 2014 -42 — Authorizing a Budget Transfer within the General Fund — Police Department for Leave in Excess of Budgeted Amounts. 9. ADOPTED UNANIMOUSLY. Resolution No. 2014 -43— Authorizing A Budget Transfer within The Water & Sewer Fund For Leave, Overtime, And Communications In Excess Of Budgeted Amounts. 10. ADOPTED UNANIMOUSLY. Resolution No. 2014 -44 — Authorizing a Budget Transfer within the Water & Sewer Fund for Expenditures in Excess of Budgeted Amounts due to an Error in Formation of the FY2014 Operating Budget. 11. ADOPTED UNANIMOUSLY. Resolution No. 2014 -45 — Authorizing a Budget Transfer within the Senior Citizen Fund for Expenditures in Excess of Budgeted Amounts. E. MINUTES 1. *Regular Meeting of May 20, 2014 2. *Special Meeting of May 29, 2014 3. *Regular Meeting of June 4, 2014 UNFINISHED BUSINESS 1. APPROVED UNANIMOUSLY. Discussion /Action — Proposed Park at North Forest and 411 Avenue. City of Kenai Council Meeting Agenda June 18, 2014 G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action /Approval — Bills to be Ratified. 2. APPROVED BY CONSENT AGENDA. *Action /Approval — Purchase Orders Exceeding $15,000. 3. APPROVED BY CONSENT AGENDA. *Action /Approval —Assignment of Restaurant Concession Agreement between the City of Kenai and Melodie Symington (d /b /a Odie's Deli) to PS241, LLC d /b /a Oldie's Deli. 4. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 21 *Ordinance No. 2767 -2014 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2015 Operating Budget Pay Schedules. 5. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 211 *Ordinance No. 2768 -2014 — Appropriating Funds in the Multi - Purpose Facility Capital Project Fund. 6. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 211 *Ordinance No. 2769 -2014 — Appropriating Transfers for FY2015 Budgeted Capital Projects in the Municipal Roadway Improvements Capital Project Fund, the Parks Improvement Capital Project Fund, and the Airport Improvements Capital Project Fund. 7. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 21 *Ordinance No. 2770 -2014 — Accepting and Appropriating a Grant in the Amount of $200,000 from the State of Alaska for Upgrade and Renovation Design at The City's Wastewater Treatment Facility. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 21 *Ordinance No. 2771 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 from the State of Alaska for Construction of an Alternate Access on the City's South Beach for Personal Use Fishery Participant Access. 9. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 21D *Ordinance No. 2772 -2014 — Accepting and Appropriating a Grant in the Amount of $250,000 from the State of Alaska for Kenai Recreation Center Capital Project Fund. 10. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 21 *Ordinance No. 2773 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 f rom the State of Alaska for Construction of a New City Light/Heavy Equipment Storage Building. City of Kenai Council Meeting Agenda Page 3 of 5 June 18, 2014 11. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 211 *Ordinance No. 2774 -2014 —Accepting and Appropriating a Grant in the Amount of $400,000 from The State of Alaska for Purchase of a Replacement Fire Pumper /Engine. 12. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 211 *Ordinance No. 2777-2014 —Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program. 13. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 2ND *Ordinance No. 2778 -2014— Repealing and Re- Enacting KMC 2.40.020 — Approval by Council, to Remove the Requirement that the Council Enter Findings into the Minutes of the Council Prior to Approving a Notice of Non - Objection for the Renewal of Licenses and Permits Regulated by the Alcoholic Beverage Control Board And Making other Updates. 14. APPROVED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 21 *Ordinance No. 2779 -2014 — Waiving the Requirement of KMC 17.10.020(c) — Connection Standards and Costs, that Requires Service Lines to be Installed Off a Main Line that is Adjacent to the Owner's Property and Allowing for a Service Line in the Right -Of -Way for the Parcel Located at 1207 5th Court in Kenai. 15. APPROVED UNANIMOUSLY. Discussion /Action — Snow Sculptures. 16. APPROVED TO SUPPORT MEMORIAL. Action /Approval — Disposition of The Veteran's Memorial at Leif Hansen Memorial Park. (Clerk's Note: Council May Enter into Executive Session for Consultation with Legal Counsel Regarding Potential Litigation and Alternatives Concerning the Memorial Displayed at Leif Hansen Park, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential (AS 44.62.310(c)(3)]. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission — mayor reported a work session on the 3. Harbor Commission — mayor advised the city manager attended 4. Library Commission — no report 5. Parks and Recreation Commission — tomorrow eve 6. Planning and Zoning Commission — meetig was cancelled 7. Beautification Committee 8. Mini -Grant Steering Committee REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk City of Kenai Council Meeting Agenda Page 4 of 5 June 18, 2014 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 1. Consultation with Legal Counsel Regarding Litigation Concerning CINGSA's Purchase of Mineral Rights, Easements, and Access to Pore Space, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310(c)(3)]. M. PENDING ITEMS Ordinance No. 2748 -2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. [Clerk's Note: At its May 20" meeting, Council postponed this ordinance to the August 20th meeting.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 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 -8231. City of Kenai Council Meeting Agenda Page 5 of 5 June 18, 2014 JUNE 18, 2014 CITY COUNCIL MEETING REQUESTED ADDITIONS TO THE PACKET: ADD TO E.3 Minutes • June 4, 2014 Minutes J.1 City Manager Report • Correspondence from Representative Olson • Staff Reports REQUESTED BY: City Clerk City Manager City Manager KENAI CITY COUNCIL — REGULAR MEETING JUNE 4, 2014 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on June 4, 2014, in City Hall Council Chambers, Kenai, AK. 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: Mayor Pat Porter Robert Molloy (telephonic) Terry Bookey Tim Navarre comprising a quorum of the Council. Also in attendance were: Rich Koch, City Manager Sandra Modigh, City Clerk 3. Agenda Approval Vice Mayor Ryan Marquis Brian Gabriel (telephonic) Mike Boyle Mayor Porter noted the following material was provided as a lay -down for inclusion in the packet: Item D.1 Ordinance No. 2757 -2014 • Amendment Memorandum • Finance Director Memorandum • Finance Director Memorandum Item G.15 Proposed North Forest and 41' Avenue Park • Memorandum Item H.6 Planning & Zoning Commission Report • 5/28/14 Draft Meeting Minutes Information Items • Correspondence from Kaleidoscope School Principal Robin Dahlman MOTION: Council Member Bookey MOVED to approve the agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 1. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, there being no one wishing to speak, public comment was closed. MOTION TO AMEND: Council Member Bookey MOVED to amend the consent agenda by removing the meeting minutes and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: There being no objections, SO ORDERED. 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 Ordinance No. 2757 -2014 — Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. City of Kenai Council Meeting Minutes Page 2 of 16 June 4, 2014 MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2757 -2014, Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council took a brief at ease allowing members to review the laydown material. MOTION TO AMEND: Council Member Bookey MOVED to amend the FY15 Budget as recommended by Administration due to lower insurance renewal quotes by reducing the General Fund appropriations by $63,212; reducing the Personal Use Fishery Fund appropriations by $1,436; reducing the Airport Fund appropriations by $23,181; reducing the Congregate Housing Fund appropriations by $1,063; reducing the Water & Sewer Fund appropriations by $7,241; reducing the Senior Fund appropriations by $1,507; and by reducing the Capital Project Management Fund appropriations by $210. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Marquis, Molloy, Boyle, Porter, Gabriel, Navarre NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Navarre MOVED to amend the FY15 Budget to include $15,000 in the Planning Department to fund the Store Front Improvement Program. Council Member Boyle SECONDED the motion. Council discussed the Program and whether it should be funded without having reviewed the finished plan. Although Council was not opposed to the Program, some were opposed to funding it at a time when raising taxes was being considered. VOTE ON AMENDMENT: YEA: Boyle, Porter, Navarre NAY: Bookey, Marquis, Molloy, Gabriel MOTION FAILED. Council Member Gabriel advised he reviewed the proposed budget with Administration and drafted several amendments to decrease the budget in an effort to eliminate raising the mil rate. City of Kenai Council Meeting Minutes Page 3 of 16 June 4, 2014 Council Member Boyle spoke in favor of the budget as proposed and an increase in the mil rate as previously discussed by Council at budget work sessions. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Legislative Fund 0100- Salaries by $19,200 for increase in Council stipends. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Molloy, Porter, Navarre NAY: Boyle, Marquis, Gabriel MOTION PASSED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Legislative Fund 4533- Miscellaneous Travel by $2,000. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel, Navarre, Marquis NAY: Porter, Boyle, Bookey MOTION PASSED. MOTION TO AMEND: Council Member Bookey MOVED to amend the FY15 Budget to specify funding amounts in Legislative Travel as follows: AML Conference Travel $7,400 Mayoral $1,500 Newly Elected Official $1,100 Legislative Hearings $1,500 Vice Mayor Marquis SECONDED the motion VOTE ON AMENDMENT: YEA: Molloy, Gabriel, Navarre, Marquis, Porter, Boyle, Bookey NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Minutes Page 4 of 16 June 4, 2014 MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Legal Fund 4531 by $50,000 for outside legal services. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Non - Departmental Fund 9090 by $50,000 for a feasibility study for development of Millennium Square. Due to a lack of a second, the motion did not move forward. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Safety Fund 5041 by $15,000 for professional services. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Fire Department Fund 2024 by $24,400 for a second set of turn out gear. Council Member Molloy SECONDED the motion. Due to a lack of a second, the motion did not move forward. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Fire Department Fund 2024 by $8,030 for dry suits. Council Member Molloy SECONDED the motion. City of Kenai Council Meeting Minutes Page 5 of 16 June 4, 2014 VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Fire Department Fund 2024 by $8,030 for dry suits. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey, Molloy MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Fire Department Fund 8064 by $5,000 for machinery & equipment. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Streets Department Fund 4538 by $5,000 for seal coat & stripe. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Molloy, Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Streets Department Fund 8064 by $31,000 for machinery & equipment. Council Member Molloy June 4, 2014 VOTE ON AMENDMENT: YEA: Molloy, Gabriel Porter, Navarre NAY: Marquis, Boyle, Bookey MOTION PASSED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Buildings Department Fund 8062 by $15,000 for animal control building maintenance. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Gabriel NAY: Navarre, Marquis, Porter, Boyle, Bookey, Molloy MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Buildings Department Fund 8062 by $25,000 for council chamber dais improvements. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Gabriel, Molloy NAY: Navarre, Marquis, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Gabriel MOVED to amend the FY15 Budget by decreasing Buildings Department Fund 8062 by $73,000 for city hall roof replacement. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: YEA: Gabriel, Molloy, Marquis NAY: Navarre, Porter, Boyle, Bookey MOTION FAILED. MOTION TO AMEND: Council Member Navarre MOVED to amend the FY15 Budget by increasing Planning & Zoning Department Fund 4533 by $5,000 for P &Z Commission travel and training. June 4, 2014 VOTE ON AMENDMENT: YEA: Marquis, Navarre, Porter, Boyle, Bookey NAY: Gabriel, Molloy MOTION PASSED. MOTION TO AMEND: Council Member Bookey MOVED to amend the FY15 Budget by Non - Departmental Fund 9090 by $80,000 for playground equipment and upgrades. Vice Mayor Navarre SECONDED the motion. VOTE ON AMENDMENT: YEA: Marquis, Navarre, Porter, Boyle, Bookey NAY: Gabriel, Molloy MOTION PASSED. Council Members thanked Administration for their efforts on a balanced budget. Council Member Boyle spoke in opposition of raising rates for senior services. Council took a brief at ease to allow the Finance Director to calculate all the amendments within the proposed budget. MOTION TO AMEND: Council Member Navarre MOVED to amend Ordinance No. 2757 fund amounts to read as follows: General Fund $16,237,707 Enterprise Funds: Congregate Housing 512,498 Capital Projects Management Fund 111,610 Special Revenue Funds Airport Land Sales Permanent Fund 1,147,095 General Land Sales Permanent Fund 140,134 Personal Use Fishery Fund 491,315 Water and Sewer Fund 2,706,721 Airport Fund 3,188,651 Senior Citizen Fund 946,079 Debt Service Fund 178,598 Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. City of Kenai Council Meeting Minutes Page 8 of 16 June 4, 2014 VOTE: There being no objections, SO ORDERED. VOTE ON MAIN AS AMENDED: YEA: Marquis, Navarre, Porter, Boyle, Bookey, Molloy NAY: Gabriel MOTION PASSED. 2. Ordinance No. 2758 -2014 — Appropriating Funds Donated to the Kenai Animal Shelter from Kenai Spine, LLC. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2758 -2014, Appropriating Funds Donated to the Kenai Animal Shelter from Kenai Spine, LLC. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Porter, Bookey, Gabriel, Marquis, Molloy. Navarre, Boyle NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2759 -2014 — Accepting and Appropriating $2,232.19 for Anticipated Police Computer Forensic Software Reimbursements from Internet Crimes Against Children (ICAC). L191111116 in Vice Mayor Marquis MOVED to enact Ordinance No. 2759 -2014, Accepting and Appropriating $2,232.19 for Anticipated Police Computer Forensic Software Reimbursements from Internet Crimes Against Children (ICAC).Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2760 -2014 — Accepting and Appropriating $2,050.92 for SART (Sexual Assault Response Team) Exam Reimbursements from the State of Alaska. City of Kenai Council Meeting Minutes Page 9 of 16 June 4, 2014 MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2760 -2014, Accepting and Appropriating $2,050.92 for SART (Sexual Assault Response Team) Exam Reimbursements from the State of Alaska. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2014 -36 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2014 and Ending June 30, 2015. [Clerk's Note: At its May 20`h meeting, Council postponed the Resolution to the June 4t" meeting. A motion to approve was on the floor.] Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council thanked Administration and Council Member Gabriel spoke in opposition. VOTE: YEA: Gabriel NAY: Marquis, Molloy, Navarre, Porter, Bookey MOTION PASSED. 6. Resolution No. 2014 -38 — Authorizing a Budget Transfer within the General Fund — Fire Department for Overtime in Excess of Budgeted Amounts. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -38, Authorizing a Budget Transfer within the General Fund — Fire Department for Overtime in Excess of Budgeted Amounts and UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes Page 10 of 16 June 4, 2014 7. Resolution No. 2014 -39 — Authorizing a Budget Transfer within the General Fund — Parks, Recreation & Beautification and Non - Departmental Departments. MOTION: Council Member Navarre MOVED to adopt Resolution No. 2014 -39, Authorizing a Budget Transfer within the General Fund — Parks, Recreation & Beautification and Non - Departmental Departments and UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 8. Resolution No. 2014 -40 — Awarding an Agreement for Daubenspeck Beach Construction. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -40, Awarding an Agreement for Daubenspeck Beach Construction. Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Administration and Council discussed the bid and necessary change order due to a mistake in the original bid. VOTE: YEA: Bookey NAY: Marquis, Molloy, Navarre, Porter, Gabriel MOTION PASSED. E. MINUTES 1. Regular Meeting of May 20, 2014 2. Special Meeting of May 29, 2014 MOTION: Council Member Bookey MOVED to postpone the minutes until the June 18, 2014 meeting and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Minutes Page 11 of June 4, 2014 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified Approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000 Approved by the consent agenda. 3. *Action/ Approval — Second Extension to Agreement for Janitorial Services at the Kenai Visitors and Cultural Center between the City of Kenai and Integrity Janitorial, LLC. Approved by the consent agenda. 4. *Action/ Approval — Second Extension to Agreement for Janitorial Services at City Hall between the City of Kenai and Integrity Janitorial, LLC. Approved by the consent agenda. 5. *Action/ Approval — Second Extension to Agreement for Janitorial Services at the Kenai Police Department between the City of Kenai and Integrity Janitorial, LLC. Approved by the consent agenda. 6. *Action/ Approval — Second Extension to Agreement for Janitorial Services at the Kenai Community Library between the City of Kenai and Cleanway Janitorial Services. Approved by the consent agenda. 7_ *Action/ Approval — Second Extension to Agreement for Janitorial Services at the Kenai Municipal Airport between the City of Kenai and Integrity Janitorial, LLC. Approved by the consent agenda. 8. *Action /Approval — Renew of Special use Permit to Reddi Towing & Salvage, LLC for Lot 4, Block 5, Cook Inlet Industrial Park. Approved by the consent agenda. 9. *Ordinance No. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, City of Kenai Council Meeting Minutes Page June 4, 2014 Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 10. *Ordinance No. 2762 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 11. *Ordinance No. 2763 -2014 — Appropriating Reimbursement Funds Received for Support of Funny River Fire Suppression Efforts. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 12. *Ordinance No. 2764 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts Providing 2013 and 2014 Summer Ice Sessions at the Kenai Multipurpose Facility. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 13. *Ordinance No. 2765 -2014 — Accepting and Appropriations Federal /State Emergency Management Grants for the Response and Recovery from the 2013 October Kenai Peninsula Borough Flood. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 14. *Ordinance No. 2766 -2014 — Authorizing a Budget Transfer within the General Fund and Appropriating Funds in the New City Shop Capital Project Fund. Introduced by the consent agenda and scheduled for public hearing on June 18, 2014. 15. Discussion /Action — Proposed Park at North Forest and 411 Avenue. Mayor Porter provided background on the proposed park/green space and noted that the Parks & Recreation Commission voted in favor of the park. Council and Administration discussed funding of the park, safety, and type of green space to be created. MOTION: Vice Mayor Marquis MOVED to support proposal No. 2 in concept as outlined in the City Managers memorandum dated June 2, 2014 to develop entire property into a park by constructing fences on the east and north property boundaries, furnish and install benches, and to furnish and install top soil and seeding; and requested a proposal for Council to approve at the next meeting. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. City of Kenai Council Meeting Minutes Page 13 of 16 June 4, 2014 Mayor Porter offered to complete the proposal. VOTE: There being no objections, SO ORDERED. Council Member Molloy was excused from the meeting at 9:49 p.m. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis advised the next meeting was June 12th. 2. Airport Commission — Council Member Gabriel advised the next meeting was June 12th, Mayor Porter will be attending as liaison in his absence, and reminded of the upcoming Air Fair. Council Member Gabriel was excused from the meeting at 9:51 p.m. 3. Harbor Commission — No report. 4. Library Commission — No report. 5. Parks and Recreation Commission — Council Member Bookey advised the next meeting was June 19t ". 6. Planning and Zoning Commission — Council Member Navarre reviewed the last meeting minutes provided as a laydown. 7. Beautification Committee — Mayor Porter reported the last meeting did not have quorum. 8. Mini -Grant Steering Committee — Mayor Porter stated the mural for the City Shop looks good. I. REPORT OF THE MAYOR Mayor Porter reported the following: • Thanked Recreation staff for the Memorial Day ceremony • Thanked community for cookie provided to fire crews • Attended EDD meeting for Begich • Thanked all that were involved with the new website • Thanked City Manager for attending all briefing meeting for fire • Presented Poppy Proclamation • Thanked KPCH for donation to Municipal Park improvements • Attended Kenai High School Graduation • Possible addition to the Senior Center • Attended Relay for Life • New Kaleidoscope School Park • Attended Forestry BBQ City of Kenai Council Meeting Minutes Page 14 of 16 June 4, 2014 J. City Manager • Reported on peninsula fire and its affect to the City's water system • Reported on this year's late budget process • Requested Capital Projects submitted by late October The Oilers Park improvements, top soil located at Millennium Square, payments after hours /rigged box, and the neighborhood cleanup were discussed. 2. City Attorney • No report. City Clerk • Willie Acting Deputy during Clerk's absence. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Vice Mayor Marquis thanked the Clerk for the new website and Bookey for his positive comments the passage of the budget and mile rate increase. Council Member Bookey commended the Kenai Fire Department for their efforts and assistance with the fire suppression. Mayor Porter thanked all that participated in the fire suppression efforts. L. EXECUTIVE SESSION — None M. PENDING ITEMS Ordinance No. 2748 -2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. [Clerk's Note: At its May 20" meeting, Council postponed this ordinance to the August 20`h meeting.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:20 p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk City of Kenai Council Meeting Minutes Page 15 of 16 June 4, 2014 * *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 16 of 16 June 4, 2014 ALASKA STATE LEGISLATURE REPRESENTATIVE KURT OLSON • Chair: Labor and Commerce • Vice Chair: Rules • Member: Resources, Community & Regional Affairs, Economic Development Trade & Tourism, Fisheries, Legislative Budget & Audit Session:lanuary - April State Capitol, Room 24 Juneau, AK 99801 -1182 Phone: 907 -465 -2693 Fax: 907 -465 -3835 June 16, 2014 Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Dear Mr. Koch: f1iwtws�" OF ?y 0 Official Business Interim: Mav - December 145 Main Street Loop, Ste. 221 Kenai, AK 99611 Phone: 907 -283 -2690 Fax: 907-283-2763 My office has been contacted by several veterans and concerned citizens regarding an effort by some members of the Kenai City Council to remove the Veterans Memorial. This effort is apparently due to a cross on one side which depicts a fallen soldier's final resting place. I request that you present this letter to the Mayor and the City Council to express my hope that the Council postpones making a decision on this issue at this time. My office is in the process of contacting the Department of Law and Department of Military and Veterans Affairs to determine whether the State may have an issue with this. Copies of this letter will be forwarded to local veteran organizations so that the individuals and families potentially impacted will have a chance to weigh in as well before a decision is made by the Council. As a veteran, you can probably guess how I feel about this issue. I would be most interested in how this came to the attention of the Council - I had not even noticed the cross until it was mentioned to me last week. Was it from a resident or residents of Kenai, or some outside organization looking for an issue? Thank you for passing this on to the Council. I try not to get involved in issues before other political subdivisions but in this case it may involve State issues. Email: rep.kurt.olson@akleg.gov I believe that this is the first time, in the ten years I have represented Kenai, that I have made a request such as this. Sincerely, Kurt Olson House District 29 CC: VFW Post #10046 Am Vets Post #4 American Legion Post #20 u FINANCE DEPARTMENT MID -MONTH REPORT To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: June 12, 2014 Re: Monthly Report June 2014 With the passage of the FY15 Budget at the June 4th Council Meeting the department has been making changes and compiling the document for printing. The document is expected to be available for distribution next week. The Department's focus will now be switching to closing FY14 and completion of the City's Comprehensive Annual Financial Report. This process includes closing of the FY14 financial records, fiscal year end grant reporting and finally financial statement preparation. The annual audit is scheduled for the week of October 6th The 2014 Personal Use Fishery is quickly approaching and we will be working with the Park's Department to train our seasonal help to work in the dipnet shacks. We have been working closely with our software programmer to update the shack attendant software for the newly adopted rate structure and make some other software enhancements which will improve efficiency and provide more data for analyzing the fishery's revenue production. The department is also working hard to assure a smooth transition from United Health Care to PREMERA Blue Cross Blue Shield of Alaska for employees. Coverage with United Health Care ends June 30th and coverage with PREMERA Blue Cross Blue Shield of Alaska will commence on July 1St POLICE DEPARTMENT MID -MONTH REPORT / Q ., �� the city of 11 f^ KENAI, ALASKA TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief.'r DATE: 6/10/14 May 2014 SUBJECT: Police & Communications Department Activity — Month of May 2014 Police handled 708 calls for service. The Communications Center received 288 emergency 9 -1w 1 calls (221 from cell phones). Officers made 40 arrests and wrote 220 reports. Traffic enforcement resulted in 91 warnings, 27 speeding tickets, 8 seatbelt tickets, 1 citations for equipment violations, and 28 citations for "other" traffic violations. There were 5 DUI arrests (0 felony). Officers investigated 7 motor vehicle crashes. One of the crashes was DUI related, and none of them involved a moose. On May 9, two officers travelled to Anchorage for the annual law enforcement memorial ceremony at the State Crime Lab. On May 10, two officers travelled to Fairbanks to attend services for fallen Alaska State Troopers - Sgt. Scott Johnson, and Trooper Gabe Rich. On May 12, Sgt. Langham and Officer Ezell traveled to Fairbanks to attend the annual APOA crime conference. On May 19, two officers traveled to Las Vegas for advanced hostage negotiation training. On May 19, Officer Hershberger worked his last day with the Kenai Police Department, and he is now employed with the Alaska State Troopers. In the schools, SRO Prins had a busy final month of the school year. He was busy with bike rodeos and other end of year events. At the conclusion of the school year he took on the role of an investigator for the summer months. He will return as the school resource officer in the fall. "'!/'llaye with a Past, Ci� with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 ,VIII (ry nh_i 1992 MEMO: TO: Chief Gus Sandahl, Lt. Dave Ross FROM: Cora Chambers - Kenai Animal Shelter DATE: 06/06/2014 SUBJECT: Monthly Report May 2014 This month Kenai Animal Shelter took in 87 animals. Here is a breakdown of animal intake and disposition. Dods: Cats: Intake : 5M Disposition: 5® Waiver 24 Adopted 19 Stray 27 Euthanized 8 Impound 2 Claimed 18 Protective Custody 1 Field Release 0 Quarantine 0 Transferred to Rescue 13 Other 0 Intake: 31 Disposition: 33 Waiver 14 Adopted 8 Stray 15 Euthanized 9 Impound 2 Claimed 1 Protective Custody 0 Transferred to Rescue 15 Other 0 Other Animals: Rabbit DOA: Dog Cat 0 2 Adopted R6 S 1 03 Citations 31 Animals were left in the overnight drop off kennels. 35 Animals are known borough animals 50 Field Investigations & patrols 1 ? Total Phone Calls (new phone system) 57 Volunteer Hours Logged 0 Kennel Permits Community Projects: Field Trips: Shelter Tour for the Girl Scouts, 20 children & Tustumena Elementary School, 2 groups totaling 40 children. We have also received several Kuranda Beds by Donation for the dogs at the shelter to be comfortable. M Kenai ""VI'llaye wN a Past, Gc'� wN a Future 2011 City of Kenai Fire Department Mid -Month Report — June 2014 Mid May saw the start of the Funny River Fire that involved at its peak over 196,000 acres and over 750 firefighters from across the nation. Simultaneously across the inlet the Tyonek Fire was also burning with over 150 firefighters engaged in battling that fire. The City of Kenai of Fire Department initially provided increased support to our neighboring departments Central Emergency Services and Nikiski Fire Department by responding to EMS and Fire calls within their service areas. As the Funny River Fire grew the department provided, through our Cooperators Agreement with State Forestry, our brush truck, Squad 1 with three firefighters, to conduct fire suppression initial attack and structural protection activities and one of our Aircraft Rescue Firefighting (ARFF) trucks, Engine 5 with 1 firefighter, to provide fire suppression support to the heli -base at Soldotna Airport. Squad 1 was deployed for six days and Engine 5 for eleven days. The Department participated in several community events including cooking lunch for the City Beatification Day, supported the Kenai Middle School mini course where 3 groups of 12 students and 2 adults painted 15 fire hydrants around the City Hall area, and conducted numerous station tours for various groups. The department logged 95 hours of training so far in June. Department members are participating in a swift -water rescue instructor course and a Safe Kids Car Safety Seat installation training program. The department as of June 1 0th, 2014 has run 940 calls for service. PUBLIC WORKS DIRECTOR CAPITAL PROJECTS MANAGER MID -MONTH REPORT TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager 5A DATE: June, 2014 SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • Alaska Pollution Discharge Elimination System (APDES) permit - pending ADEC review. • Lift Station Telemetry Replacement — On hold pending funding. • WWTP O &M Manual — CH2MHill provided their updates. Under City review. • S. Spruce & Third Ave. Repair — Requested approval to issue bid documents from FEMA. Capital Projects: • Maintenance Facility — Substantial completion achieved May 2, 2014. Punchlist in progress. • Kenai Industrial Park — Seeding is final punch list item to complete before closeout. • Central Heights Roadway Improvements — Seeding is final punch list item to complete before closeout. • Vintage Pointe and Senior Center Siding — Construction in progress. • City Hall and Senior Center heated sidewalks and Boiler Replacement — Sidewalks complete. Boilers ordered. • Citywide Asphalt and Concrete Improvements — In progress. • Kenai Airport Airfield Marking — In progress. Nearly complete. • Old Town Overland Ave. Sidewalk — Proposal for design received. Pending Administration award. • Reservoir and Water Main Design — Agreement executed. Design in progress. • Magic Ave. design. — In progress. 95% drawings received. • First St. pavement and curb upgrades design — Funding required. On hold. • Flight Service Station Upgrades — To be awarded at the July 2 meeting. • Public Safety Building Improvements — Bid documents assembled. Pending funding. • Daubenspeck Park Beach — Awarded. Contract execution in progress. • Airport Security Camera Replacement — proposal requested from consultant to prepare RFP. Municipal Airport Airport Improvement Program: June 2094 Airport Manager's Report Master Plan — A revised chapter 6 with the Development Concepts was submitted to City Administration on May 22nd for review. When approved, a full Phase 2 report will be submitted to the Technical Advisory Committee for review. Aeronautical Survey for GIS Mapping Proiect — Project kicked off May 7th. The Survey Work Plan for the AGIS project has been reviewed and approved by the FAA. The Imagery Plan will be submitted next for FAA approval. The ground survey operations will begin the end of June. Airfield Marking — The project started on Monday, May 19th. Weather and winds have interfered with the work schedule but the runway painting was completed on Tuesday, June 3`d Security Camera Project — Funds are appropriated to start the design process. The Airport met with Public Works and agreed to move forward with a design -build process. Snow Removal Equipment (SRE) - A grant application was sent to the FAA for a new OSHKOSH truck that plows, scrapes, deices, and sands. This will replace a 20 year old unit. In -house Airport projects: Operations staff completed all crack sealing and sweeping prior to the airfield painting project and terminal roadway painting. In addition, staff is screening sand, landscaping, hanging flowers, banners, and preparing for the air fair. 10 Annual KPAF: Staff is very busy working on the air fair. The posters, t- shirts, and postcards are finished. Erica has worked very hard on the poker prizes and there are great ones: Alaska Railroad round trip tickets for 2 from Anchorage to Denali, Nenana Raft trip for 2 at Denali, Chugach Outdoor Center raft trip for 2 at Six Mile Creek, and Metal Magic donated a beautiful "Gondola" a hand crafted copper, brass & bronze wind chime, just to name a few! We are still looking for volunteers, so if you can spare a couple of hours, please call Erica at 283- 7951. Leasing Opportunities: The ATM Concession is being advertised and the glass office previously occupied by Alaska Realty Group is vacant as of May 31, 2014. The space will be advertised. End of School Year: School tours at the Airport are very popular. Approximately 80 students have already visited with many more tours scheduled for the end of June and July. Thank you to the Kenai Fire Department for assisting Erica with the kids. 2014 -006 AGENDA KENAI CITY COUNCIL — REGULAR MEETING JUNE 18, 2014 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) Shannon Hamrick, Kenai Peninsula Tourism Marketing Council — Kenai Peninsula Borough Bed Tax 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. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections............................................................................... .............................Pg 7 2. Ordinance No. 2762 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts .............................. Pg 21 3. Ordinance No. 2763 -2014 — Appropriating Reimbursement Funds Received for Support of Funny River Fire Suppression Efforts ............... ............................... Pg 23 • Substitute Ordinance No. 2763- 2014 ......................... .............................Pg 27 4. Ordinance No. 2764 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts Providing 2013 and 2014 Summer Ice Sessions at the Kenai Multipurpose Facility ....................... Pg 31 5. Ordinance No. 2765 -2014 — Accepting and Appropriations Federal /State Emergency Management Grants for the Response and Recovery from the 2013 October Kenai Peninsula Borough Flood ......................... .............................Pg 35 6. Ordinance No. 2766 -2014 — Authorizing a Budget Transfer within the General Fund and Appropriating Funds in the New City Shop Capital Project Fund.......................................................... ............................... .............................Fig 39 7. Resolution No. 2014 -41 — Authorizing the City Manager to Enter into an Automated Teller Machine (ATM) Concession Agreement for the Kenai MunicipalAirport ....................................................................... .............................Pg 43 8. Resolution No. 2014 -42 — Authorizing a Budget Transfer within the General Fund — Police Department for Leave in Excess of Budgeted Amounts ................... Pg 45 9. Resolution No. 2014 -43 — Authorizing A Budget Transfer within The Water & Sewer Fund For Leave, Overtime, And Communications In Excess Of BudgetedAmounts ................................................................... .............................Pg 47 10. Resolution No. 2014 -44 — Authorizing a Budget Transfer within the Water & Sewer Fund for Expenditures in Excess of Budgeted Amounts due to an Error in Formation of the FY2014 Operating Budget ........................ ............................... Pg 51 11. Resolution No. 2014 -45 — Authorizing a Budget Transfer within the Senior Citizen Fund for Expenditures in Excess of Budgeted Amounts ............................. Pg 55 E. MINUTES 1. *Regular Meeting of May 20, 2014 2. *Special Meeting of May 29, 2014 3. *Regular Meeting of June 4, 2014 F. UNFINISHED BUSINESS 1. Discussion /Action — Proposed Park at North Forest and 4`n Avenue ................... Pg 59 G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified .................................... .............................Pg 61 2. *Action /Approval — Purchase Orders Exceeding $15, 000 ....... .............................Pg 63 3. *Action /Approval — Assignment of Restaurant Concession Agreement between the City of Kenai and Melodie Symington (d /b /a Odie's Deli) to PS241, LLC d /b /a Odie's Deli .................................................... .............................Pg 65 City of Kenai Council Meeting Agenda Page 2 of 5 June 18, 2014 4. *Ordinance No. 2767 -2014 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2015 Operating BudgetPay Schedules ............................................................ .............................Pg 71 5. *Ordinance No. 2768 -2014 — Appropriating Funds in the Multi- Purpose Facility Capital Project Fund ..................................................... .............................Pg 75 6. *Ordinance No. 2769 -2014 — Appropriating Transfers for FY2015 Budgeted Capital Projects in the Municipal Roadway Improvements Capital Project Fund, the Parks Improvement Capital Project Fund, and the Airport Improvements Capital Project Fund ........................................ .............................Pg 77 7. *Ordinance No. 2770 -2014 — Accepting and Appropriating a Grant in the Amount of $200,000 from the State of Alaska for Upgrade and Renovation Design at The City's Wastewater Treatment Facility ...........................Pg 81 8. *Ordinance No. 2771 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 from the State of Alaska for Construction of an Alternate Access on the City's South Beach for Personal Use Fishery ParticipantAccess .................................................................. ............................... Pg 85 9. *Ordinance No. 2772 -2014 — Accepting and Appropriating a Grant in the Amount of $250,000 from the State of Alaska for Kenai Recreation Center CapitalProject Fund .................................................................. .............................Pg 89 10. *Ordinance No. 2773 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 from the State of Alaska for Construction of a New City Light/Heavy Equipment Storage Building .......................... .............................Pg 93 11. *Ordinance No. 2774 -2014 — Accepting and Appropriating a Grant in the Amount of $400,000 from The State of Alaska for Purchase of a Replacement Fire Pumper/ Engine .......................................... .............................Pg 97 12. *Ordinance No. 2777 -2014 — Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic InternshipProgram ................................................................... .............................Pg 101 13. *Ordinance No. 2778 -2014 — Repealing and Re- Enacting KMC 2.40.020 — Approval by Council, to Remove the Requirement that the Council Enter Findings into the Minutes of the Council Prior to Approving a Notice of Non - Objection for the Renewal of Licenses and Permits Regulated by the Alcoholic Beverage Control Board And Making other Updates .. .............................Pg 105 14. *Ordinance No. 2779 -2014 — Waiving the Requirement of KMC 17.10.020(c) — Connection Standards and Costs, that Requires Service Lines to be Installed Off a Main Line that is Adjacent to the Owner's Property and Allowing for a Service Line in the Right -Of -Way for the Parcel Located at 1207 5th Court in Kenai ......................................... ............................... Pg 109 15. Discussion /Action — Snow Sculptures. ,,ity of Kenai Council Meeting Agenda Page 3 of 5 June 18, 2014 16. Action /Approval — Disposition of The Veteran's Memorial at Leif Hansen Memorial Park. (Clerk's Note: Council May Enter into Executive Session for Consultation with Legal Counsel Regarding Potential Litigation and Alternatives Concerning the Memorial Displayed at Leif Hansen Park, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential (AS 44.62.310(c)(3)]. 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 J. A L. M. N. REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager ... ............................... 2. City Attorney 3. City Clerk ADDITIONAL PUBLIC COMMENT .. .............................Pg 113 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION 1. Consultation with Legal Counsel Regarding Litigation Concerning CINGSA's Purchase of Mineral Rights, Easements, and Access to Pore Space, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310(c)(3)]. PENDING ITEMS Ordinance No. 2748 -2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. [Clerk's Note: At its May 2d" meeting, Council postponed this ordinance to the August 200 meeting.] ADJOURNMENT City of Kenai Council Meeting Agenda Page 4 of 5 June 18, 2014 INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ............................ Pg 125 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 -8231. City of Kenai Council Meeting Agenda Page 5 of 5 June 18, 2014 [PAGE LEFT BLANK INTENTIONALLY] Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2761 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, TITLE 23, "PERSONNEL REGULATIONS," CHAPTERS 23.05 GENERAL PROVISIONS, 23.10 CATEGORIES OF SERVICE, 23.15 ADMINISTRATION, 23.25 COMPENSATION, 23.30 PERSONNEL POLICIES AND PROCEDURES, 23.35 GENERAL CONDUCT, DISCIPLINE, TERMINATION, AND APPEAL, AND 23.40 BENEFITS TO UPDATE PERSONNEL REGULATIONS WITH STATE AND FEDERAL LAW, AND MAKE TECHNICAL CHANGES, AND CORRECTIONS. WHEREAS, pursuant to KMC 23.15.010 the personnel program is administered by the City Manager and the City Manager recommends revisions and amendments to the regulations as deemed necessary; and, WHEREAS, in the process of updating the employee handbook, Administration conducted a review of the City's personnel regulations resulting in recommendations for amendments updating the City's Code to mirror State and Federal law terminology and, technical changes, and corrections to the personnel regulations; and, WHEREAS, the City Manager recommends amending KMC 23.05.010 and 23.30.020 (b) to include protected classes; 23.05.070 (a), 23.30.050 (e), and 23.40.030 (e) to amend the definition of "exempt;" 23.35.020 (b) (3) to remove the requirement employees provide medical information, and make other technical changes and corrections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of 5ectlon L-J yb ulu n.mploymem - yuu n. Kenai Municipal Code: That Kenai Municipal Code Section 23.05.010 Qualifications, is hereby amended as follows: Employment in City Government shall be based on qualifications, free of personal and political considerations, with equal opportunity for all with no [UNLAWFUL RESTRICTIONS AS TO RACE, COLOR, CREED, RELIGIOUS AFFILIATIONS, AGE OR SEX] discrimination in employment on the basis of race, It is a policy of the City to not against the qualified disabled in employment. New Text Underlined; JDFLETED TEXT BRACKETED] Page 7 of 125 Ordinance No. 2761 -2014 Page 2 of 10 Section 3. Amendment of Section 23.05.070 (a) and (r) Definitions, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.05.070 (a) and (r) Definitions, is hereby amended as follows: (a) [EXEMPT SERVICE] Unclassified Service: [EXEMPT SERVICE] the unclassified service shall include all elected officials, City Manager, City Attorney, City Clerk, and temporary employees. Members of boards, committees, commissions, volunteers, contractors, and consultants are not employees. (r) Grievance: An employee's oral or written expression of dissatisfaction with some aspect of his or her employment, a management decision affecting him or her, or an alleged violation of his or her rights for the purpose of attempting to gain an adjustment of said cause of dissatisfaction. Section 4. Amendment of Section 23.10.010 General, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.10.010 General, is hereby amended as follows: 23.10.010 General. All offices and positions of the City are divided into classified service and [EXEMPT] unclassified service. All the provisions of this chapter shall apply to positions in the classified service. The provisions of this chapter shall apply to positions in the exempt service as indicated in KMC 23.10.020. Section S. Amendment of Section 23.10.020 (a) and (bl Exempt service, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.10.020 (a) and (b) Exempt service, is hereby amended as follows: 23.10.020 [EXEMPT] Unclassified service. The [EXEMPT] unclassified service shall include the following: (a) Mayor and Council Members. Only the following provisions shall apply: KMC 23.30.110(b) and (d) and 23.40.080 (as applicable), 23.40. 100 and 23.40.110. (b) Members of Boards or Commissions. Only the following provisions shall apply to such officials: KMC 23.30.110(b) and (d). Only the following provisions shall apply to Planning and Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40. 100 and 23.40.110. Section 6. Amendment of Section 23.10.030 Classified service, 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 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 Fair Labor Standards Act due to the nature of the position: Airport Manager New Text Underlined; ]DELETED TEXT BRACKETED] Page 8 of 125 Ordinance No. 2761 -2014 Page 3 of 10 Finance Director Fire Chief [LIBRARIAN] Library Director Parks and Recreation Director Police Chief Police Lieutenant Public Works Director Public Works Manager Senior Center Director. Section 7. Amendment of Section 23.15.010 Administration by City Manager, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.15.010 Administration by City Manager, is hereby amended as follows: 23.15.010 Administration by City Manager. The personnel program established by this ordinance shall be administered by the City Manager. He or she shall administer all provisions of this ordinance and of the personnel rules. He or she shall prepare and recommend revisions and amendments to this ordinance as deemed necessary. The City Manager shall draft such rules as may be necessary to carry out the provisions of this ordinance. Such rules shall be uniform application except as specifically stated. Additionally, each department of the City is encouraged to establish departmental rules, regulations, and procedures subject to the approval of the City Manager. Such rules, regulations, and procedures shall be in harmony with the general rules of the City Manager and provisions of this ordinance, and shall be binding on the employees. Section S. Amendment of Section 23.25.060 (b) Overtime of the Kenai Municipal Code: That Kenai Municipal Code Section 23.25.060 (b) Overtime, is hereby amended as follows: 23.25.060 Overtime. (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 compensation schedules) shall be based upon the employee's regular rate of pay as follows: (1) General government temporary employees): Regular Pay Times Regular Work Saturday Sunday Holiday (2) Temporary employees: employees (excluding sewer treatment plant and 1/2 1/2 1/2 New Text Underlined; ]DELETED TEXT BRACKETED] Page 9 of 125 Ordinance No. 2761 -2014 Page 4 of 10 Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 11/2 Holiday 1 '/z (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) Police, communications and sewer treatment plant employees: Regular Pay Times Regular Work Day 1 1/2 Saturday 1 1/2 Sunday 2 [HOLIDAY] (5) Employees engaged in fire protection activities: Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 1 1/2 [HOLIDAY] (6) Police, communications, employees engaged in fire 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 Employees engaged in fire protection As required by the activities 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. Section 9. Amendment of Section 23.25.065(d) Shift differential pay, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.25.065(d) Shift differential pay, is hereby amended as follows: 23.25.065 Shift differential pay. (d) Eligible employees shall receive shift [DIFFERERENTIAL] differential pay for each eligible shift worked. New Text Underlined; )DELETED TEXT BRACKETED) Page 10 of 125 Ordinance No. 2761 -2014 Page 5 of 10 Section 10. Amendment of Section 23.30.010 (e) General, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.30.010 (e) General, is hereby amended as follows: 23.30.010 General. (e) Employment of qualified [, HANDICAPPED PERSONS] individuals with a disability shall be encouraged. Section 11. Amendment of Section 23.30.020 (b) Appointment, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.30.020 (b) Appointment, is hereby amended as follows: 23.30.020 Appointment. (b) No question in any test or in any application form or by any appointing authority shall be so framed as to attempt to elicit information concerning race, color, [ANCESTRY,] religion, sex, national origin, age, disability, marital status, changes marital status, pregnancy, parenthood, genetic information or political [OR RELIGIOUS] affiliation for the purposes of discriminating. Section 12. Amendment of Section 23.30.050(a) and (e) Business hours and hours of work, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.30.050 (a) and (e) Business hours and hours of work, is hereby amended as follows: 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. (e) Supervisory and professional positions of the classified and [EXEMPT] unclassified 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 subsection (d). Section 13. Amendment of Section 23.35.020 Causes for warning, suspension, or dismissal, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.35.020 Causes for warning, suspension, or dismissal, is hereby amended as follows: 23.35.020 Causes for warning, suspension, or dismissal. (a) When an employee's conduct falls below desirable standards, he or she may be subject to disciplinary action. (b) General reasons for which an employee may be disciplined include: (1) Drinking intoxicating beverages on the job or arriving on the job under the influence of intoxicating beverages or such drugs. (2) Illegal possession of any controlled substance on the job. New Text Underlined; [DELETED TEXT BRACKETED[ Page 11 of 125 Ordinance No. 2761 -2014 Page 6 of 10 (3) Ingestion, either on the job or within eight hours before reporting to work, of any controlled or other dangerous substance, unless prescribed by a licensed medical practitioner. Employees shall notify their immediate supervisor when required to use prescription medicine that they have been informed has the potential to impair job performance. [THE EMPLOYEE SHALL ADVISE THE SUPERVISOR OF THE KNOWN SIDE EFFECTS OF SUCH MEDICATION, AS WELL AS THE PRESCRIBED PERIOD OF USE.] No employee shall ingest any prescribed or over -the- counter medication in amounts beyond the recommended dosage. (4) Violation of a lawful duty. (5) Insubordination. (6) Breach of discipline. (7) Being absent from work without first notifying and securing permission from the employee's supervisors. (8) Being habitually absent or tardy for any reason. (9) Misconduct. (10) Conviction of a felony or a misdemeanor involving moral turpitude. (11) Using religious, political, or fraternal influence. (12) Accepting fees, gifts, or other valuable things in the return for performance of the employee's official duties for the City. (13) Inability to perform the assigned job. (14) Political activity as restricted by the Charter. (Ords. 336, 537, 1347 -89) (15) Failure to follow the City's alcohol and controlled substance abuse and testing policy as set forth in the City of Kenai Employee Handbook. (Ord. 1670 -95) (16) Knowingly or negligently failing to follow federal and state occupational safety and health regulations and City law and policy regarding the same. (Ord. 1670 -95) Section 14. Amendment of Section 23.35.034 Procedures on appeal, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.35.034 Procedures on appeal, is hereby amended as follows: 23.35.034 Procedures on appeal. (a) Within five (5) working days after the filing of a written appeal with the City Clerk, the City Manager or the designee of the City Manager shall file with the City Clerk an answer in writing to the appeal setting forth any facts which might be in dispute in the appeal, and setting forth the reasons why the actions are believed to be justified and the City Manager or his or her designee shall serve a copy of the answer on the employee in person or by ordinary mail to employee's home address. (b) Promptly after the appeal is filed, the City Clerk shall deliver a copy of the appeal to the City Manager. (c) The members of the Arbitration Panel shall be listed in alphabetical order, and will be called in rotation. Any member passed over because of illness or absence, or disqualified by an appealing employee or the administration, shall be treated as though he or she has served on the Personnel Board and will not be called again until his or her name comes up in the normal rotation. As soon New Text Underlined; [DELETED TEXT BRACKETED) Page 12 of 125 Ordinance No. 2761 -2014 Page 7 of 10 as an appeal is filed with the City Clerk, the City Clerk will make contact and determine the next five (5) members of the panel due and available for service during the following three (3) weeks, and shall notify the appealing employee of the five (5) members due for service. The appealing employee will advise the City Clerk within two (2) working days which member the employee wishes deleted from the list, and the City Clerk will then notify the City Manager or his or her designee of the four remaining members due for service. The City Manager or his or her designee will advise the Clerk within one (1) working day of the name of the member the administration wishes to delete from the list. Thereafter, the Clerk will notify the two (2) members of their disqualification and the other three members as to being chosen for service and will determine a date, time, and place when all three members may assemble for hearing, and will then notify the appealing employee and the City Manager or his or her designee of such date, time, and place of hearing. (d) At the time of hearing, the employee shall present any written evidence, oral testimony, or witnesses that he or she desires, and thereafter the City Manager or his or her designee shall present evidence, oral testimony, or witnesses as he or she deems fit, following which the parties may continue to present rebuttal testimony alternately until neither side has anything further to present. (e) After completion of presentation of testimony, the appealing employee may make any statement he or she desires by way of argument, which may be answered by the City Manager or his or her designee, and the appealing employee shall then have a final closing argument if he or she so desires. (f) If any member of the Personnel Board feels it necessary or desirable, he or she may call additional witnesses or call for presentation of additional testimony, adjourning the hearing to a future time for such presentation if necessary. (g) After presentation of all evidence and arguments, the Personnel Board shall go into executive session to make a determination of the appeal, and the Personnel Board shall make written findings of fact and conclusions as to the justness of the disciplinary action. (h) There shall be no formal restrictions on the kind of or form of evidence presented so long as it is pertinent to the appeal and is not unduly repetitive, but the Personnel Board by majority vote may limit repetitive evidence and may restrict evidence to matters pertinent to the hearing and to evidence which they would find credible. (i) The Personnel Board has power to uphold the disciplinary action, to set aside the disciplinary action completely restoring the appealing employee to his or her former position and to any and all pay which may have been lost because of the disciplinary action, or if the Personnel Board feels it necessary in the interest of justice that some disciplinary action be taken but that the particular disciplinary action was too extreme, it shall determine what the proper disciplinary action should be. ()) The decision of the Personnel Board may be made by a majority of the Board and shall be final and binding on the employee and on the City. (k) Copies of the appeal, the answer to the appeal, and the written decision of the Personnel Board shall become a part of the personnel file of the appealing employee. New Text Underlined; ]DELETED TEXT BRACKETED] Page 13 of 125 Ordinance No. 2761 -2014 Page 8 of 10 Section 15. Amendment of Section 23.35.080 (c) Safety, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.35.080(c) Safety, is hereby amended as follows: 23.35.080 Safety. (c) When accidents occur on City property, the employee shall contact his or her supervisor immediately and the supervisor shall complete an accident form. In case of a motor vehicle accident, the Police Department shall also be notified immediately. Section 16. Amendment of Section 23.35.090(b) Legal liability, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.35.090(b) Legal liability, is hereby amended as follows: 23.35.090 Legal liability. (b) If an employee is grossly negligent in the performance of duties and responsibilities and if an accident results from such negligent performance of duties and responsibilities or if a court of law finds that the employee willfully exceeded his or her scope of duty and responsibility, the employee may be held personally and legally liable. Section 17. Amendment of Section 23.40.020 Holidays, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.40.020 Holidays, is hereby amended as follows: 23.40.020 Holidays. (a) Employees shall be entitled to the holidays listed below with pay. Full -time employees shall receive regular compensation; part -time employees shall be compensated in proportion to the number of hours they are normally scheduled to work. (1) New Year's Day (2) Washington's Birthday (the third Monday in February) (3) Memorial Day (the last Monday in May) (4) Independence Day (5) Labor Day (6) Alaska Day (7) Veteran's Day (8) Thanksgiving Day (9) Day after Thanksgiving (10) Christmas Day (11) A floating holiday subject to individual choice of each employee with five (5) working days notice to, and approval of, his or her immediate supervisor. (b) If any such holiday falls on a Sunday, the following Monday shall be given as a holiday. If such holiday falls on a Saturday, the preceding Friday shall be given as a holiday. (c) Public Safety and Sewer Treatment Plant employees who normally work holidays shall receive a [MONTHLY] payment for authorized holidays at 1 -1/2 times their normal hourly pay as follows: Fire [(56 -HOUR WEEK)]: 11.2 hours pay per holiday. New Text Underlined; (DELETED TEXT BRACKETED] Page 14 of 125 Ordinance No. 2761 -2014 Page 9 of 10 [FIRE, POLICE AND DISPATCH] Police, Communications, and Fire (40 -hour week): 8 (eight) hours pay per holiday. Sewer Treatment Plant Employees (40 -hour week): 8 (eight) hours pay per holiday. Holidays which occur during [VACATION] annual leave shall be charged against such leave. Section 18. Amendment of Section 23.40.030 Annual leave, 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 —first two (2) years of service. 8.3077 hours bi- weekly —three (3) through five (5) years of service. 9.2308 hours bi- weekly —six (6) through ten (10) years of service. 10.1538 hours bi- weekly —more than ten (10) years of service. (2) Fire [(BASED ON A FIFTY -SIX (56) HOUR WEEK)] Department employees engaged in fire protection activities: 10.3385 hours bi- weekly —first two (2) years of service. 11.6308 hours bi- weekly —three (3) through five (5) years of service. 12.9231 hours bi- weekly —six (6) through ten (10) years of service. 14.2154 hours bi- weekly —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] unclassified employees, and eight hundred ninety -six (896) hours for Fire Department employees [WORKING THE FIFTY -SIX (56) HOUR WEEK.] engaged in fire protection activities. (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,] engaged in fire protection activities and affect appropriate coordination with the department head. If actual hours used New Text Underlined; [DELETED TEXT BRACKETED] Page 15 of 125 Ordinance No. 2761 -2014 Page 10 of 10 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 (subsection (a)(2)([D]e)) 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. (j) In the event of significant illness or injury not covered by workers' compensation, or absence due to training or education an employee on exhausting annual leave may, with the approval of the City Manager, borrow up to a six (6) month entitlement (i.e., thirteen (13) x 7.3846 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. (1) 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 19. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this June day of 18, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: June 4, 2014 Adopted: June 18, 2014 Effective: July 18, 2014 New Text Underlined; (DELETED TEXT BRACKETED) Page 16 of 125 LW MEMO: '!/'�lage wdh a Past, Gc�y wdh a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www dkenai.ak.us rul TO: Rick Koch, City Manager FROM: (Christine Cunningham, Assistant to City Manager/ Human Resource Specialist DATE: May 15, 2014 SUBJECT: Ordinance No. 2761 -2014 Proposed Revisions to Kenai Municipal Code Title 23 Kenai t nmewcer Coy m I I I I I I 2011 The purpose of this memo is to provide additional information in support of the referenced Ordinance. As a result of the recent update to the employee handbook, which required a review of the City's personnel regulations, the following revisions to the personnel regulations are recommended: KMC 23.05.010, Employment — Qualifications, amend to include protected classes as follows: Employment in City Government shall be based on qualifications, free of personal and political considerations, with equal opportunity for all with no [UNLAWFUL RESTRICTIONS AS TO RACE, COLOR, CREED, RELIGIOUS AFFILIATIONS, AGE OR SEX] discrimination in employment on the basis of race, color, religion sex, national origin, age, disability, marital status. changes in marital status, pregnancy, parenthood, or genetic information. It is a policy of the City to not discriminate against the qualified disabled in employment. The Genetic Information Nondiscrimination Act of 2008 (GINA) and the Alaska Human Rights Law, AK ST § 18.80.200 include protections based on genetic information and on marital status, changes in marital status, pregnancy, or parenthood, respectively. 2. KMC 23.05.070 (a) , amend definition of "exempt" as follows: [EXEMPT SERVICE] Unclassified Service: [EXEMPT SERVICE] the unclassified service shall include all elected officials, City Manager, City Attorney, City Clerk, and temporary employees. Members of boards, committees, commissions, volunteers, contractors, and consultants are not employees. Page 17 of 125 Ordinance No. 2761 -2014 Proposed Revisions to Kenai Municipal Code Title 23 May 15, 2014 Page 2 of 4 The term "exempt" is also used in Code to refer to employees who are exempt from the provisions of the Fair Labor Standards Act (FLSA). 3. KMC 23.05.070 (r), amend "his" to gender - neutral "his or her" and "him" to "him or her." 4. KMC 23.10.020 (b), amend as a result of Ordinance No. 2312 -2008: Members of Boards or Commissions. Only the following provisions shall apply to such officials: KMC 23.30.110(b) and (d). Only the following provisions shall Ordinance No. 2312 -2008 amended KMC 14.05.010 by adding a new subsection to compensate Planning and Zoning Commissioners but did not amend KMC 23.10.020 (b) to provide for participation in the Medicare portion of Social Security taxes as required by the Federal government or cover compensated Commissioners under the State of Alaska workers' compensation program. These benefits have been provided to Planning and Zoning Commissioners since Ordinance No. 2312 -2008 became effective. 5. KMC 23.10.030 (b), amend "Librarian" to "Library Director" to match the Class Code in the Classification Plan under KMC 23.50.010. 6. KMC 23.15.010, Administration by City Manager, amend "he" to gender - neutral "he or she." 7. KMC 23.25.060, Overtime, amend to remove word "Holiday" Holiday pay for police, communications, sewer treatment plant employees and employees engaged in fire protection activities is included under KMC 23.40.020 (c) and is currently left blank under KMC 23.25.060 8. KMC 23.25.065 (d), correct spelling error, "differential." 9. KMC 23.30.010(e), amend to replace the term "handicapped" with more generally acceptable terminology as follows: Employment of qualified [, HANDICAPPED PERSONS] individuals with a disability shall be encouraged. The Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, are the primary laws dealing with disability discrimination and utilize the term "disabled." When identifying a person or persons with a disability, the pronoun should come first so it does not modify the person, i.e. "disabled person." 10. KMC 23.30.020 (b), amend to include protected classes as follows: No question in any test or in any application form or by any appointing authority shall be so framed as to attempt to elicit information concerning race, color, [ANCESTRY,] religion, sex, national origin, age, disability, marital status. Page 18 of 125 Ordinance No. 2761 -2014 Proposed Revisions to Kenai Municipal Code Title 23 May 15, 2014 Page 3 of 4 changes marital status, pregnancy, parenthood, genetic information or political [OR RELIGIOUS] affiliation for the purposes of discriminating. Amended language is consistent with proposed amendment to KMC 23.05.010, above, which includes protected classes covered by GINA and the Alaska Human Rights Law. National origin refers to "the country where a person was born, or, more broadly, the country from which his or her ancestors came" and is similar to "ancestry." 11. KMC 23.30.050 (e), amend "exempt" to "unclassified" in accordance with proposed amendment to KMC 23.05.070 (a), above. 12. KMC 23.35.020 (b) (3), amend to remove "The employee shall advise the supervisor of the known side effects of such medication, as well as the prescribed period of use." The Americans with Disabilities Act protects the privacy of employee medical information that is not job - related and consistent with business necessity with the exception of inquiries for occupations regulated by federal law (e.g. Federal Motor Carrier Safety Act). 13. KMC 23.35.034 (a), (c), (d), (e), and (i) amend instances of "his" to gender - neutral "his or her." 14. KMC 23.35.080 (c), amend "his" to gender - neutral "his or her." 15. KMC 23.35.090 (b), amend "his" to gender - neutral "his or her." 16. KMC 23.40.020 (a) (11), amend "he" to gender - neutral "he or she." 17. KMC 23.40.020 (c), amend to reflect Ordinance No. 2693 -2013, Ordinance No. 2696- 2013, and KMC 23.40.030 (a) as follows: Public Safety and Sewer Treatment Plant employees who normally work holidays shall receive a [MONTHLY] payment for authorized holidays at 1 -1/2 times their normal hourly pay as follows: Employees Engaged in Fire Protection Activities[(56 -HOUR WEEK)]: 11.2 hours pay per holiday. [FIRE, POLICE AND DISPATCH] Police, Communications. and Fire (40- hour week): 8 (eight) hours pay per holiday. Sewer Treatment Plant Employees (40 -hour week): 8 (eight) hours pay per holiday. Holidays which occur during [VACATION] annual leave shall be charged against such leave. Ordinance No. 2693 -2013 amended KMC 23.25.050, 23.25.060, and 23.40.030, 23 to provide for a bi- weekly pay period instead of a monthly pay period. Ordinance No. 2696- 2013 amended KMC 23.25.060 and 23.30.050 to accommodate a new work schedule for employees engaged in fire protection activities. Annual leave is defined in KMC 23.40.030 as combined vacation and sick leave. 18. KMC 23.40.030 (b) (2), amend to reflect Ordinance No. 2696 -2013 as follows: Page 19 of 125 Ordinance No. 2761 -2014 Proposed Revisions to Kenai Municipal Code Title 23 May 15, 2014 Page 4 of 4 (2) Fire [(BASED ON A FIFTY -SIX (56) HOUR WEEK)] Department employees engaged in fire protection activities: Ordinance No. 2696 -2013 amended KMC 23.25.060 and 23.30.050 to accommodate a new work schedule other than the 56- hour -week schedule for employees engaged in fire protection activities. 19. KMC 23.40.030 (e), amend "exempt" to "unclassified" in accordance with proposed amendment to KMC 23.05.070 (a), above and to reflect Ordinance No. 2696 -2013 as follows: 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] unclassified employees, and eight hundred ninety -six (896) hours for Fire Department employees [WORKING THE FIFTY -SIX (56) HOUR WEEK.] engaged in fire protection activities. Ordinance No. 2696 -2013 amended KMC 23.25.060 and 23.30.050 to accommodate a new work schedule other than the 56- hour -week schedule for employees engaged in fire protection activities. 20. KMC 23.40.030 (g), amend to reflect Ordinance No. 2696 -2013 as follows: 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,] engaged in fire protection activities 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. Ordinance No. 2696 -2013 amended KMC 23.25.060 and 23.30.050 to accommodate a new work schedule other than the 56- hour -week schedule for employees engaged in fire protection activities. 21. KMC 23.40.030 (h), revise reference to subsection (d) to subsection (e), as follows: Excess leave above the amount authorized for accrual (subsection (a)(2)([D]e above)) existing on December 31st shall automatically be paid at the then existing rate for the individual employee. Ordinance No. 2278 -2008 amended KMC 23.40.030 and re- lettered sub - sections but did not amend the reference in section (h) 22. KMC 23.55.040 (a), amend "Dispatch" to "Communications" These amendments and Ordinance No. 2761 -2014 have been reviewed by the City Attorney. Page 20 of 125 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2762 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, employee attrition and larger than expected annual leave cash outs have depleted the Animal Control Department's leave account requiring additional funds in the amount of $14,000 to complete the fiscal year; and, 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 $14,000 Increase Appropriations: Animal Control - Leave $14,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk.�J Approved by Finance: — Introduced: June 4, 2014 Adopted: June 18, 2014 Effective: June 18, 2014 New Text Underlined; [DELETED TEXT BRACKETED] Page 21 of 125 j " "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 —— Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIII 199] the a�of KEN ALASKA MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 5/28/14 SUBJECT: Request ordinance appropriating funds for Animal Control Leave Account Deficit The Animal Control leave account currently has a deficit of $13,771.77. This deficit is a result of employee attrition and larger than expected annual leave cash outs. I am requesting an ordinance to appropriate $14,000 to the General Fund, Animal Control — Leave Account; which will help ensure the account has a positive balance at year end. Page 22 of 125 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2763 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING REIMBURSEMENT FUNDS RECEIVED FOR SUPPORT OF FUNNY RIVER FIRE SUPPRESSION EFFORTS. WHEREAS, Kenai Fire Department personnel have worked in support of Funny River Fire suppression efforts; and, WHEREAS, an agreement between the City and the State of Alaska Department of Natural Resources, Division of Forestry entitles the City to reimbursement of personnel cost associated with this support; and, WHEREAS, the overtime worked by department staff was not budgeted and the current budget is not able to support these expenditures without appropriation of the proceeds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: 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: Miscellaneous Revenue $23,299.92 State Grant - PERS On- Behalf 2.514.96 $25.814.88 Increase Appropriations: Fire - Overtime Fire - PERS Fire - Workers' Compensation Fire - Medicare Non - Departmental - PERS New Text Underlined; [DELETED TEXT Page 23 of 125 $18,385.92 4,042.08 604.80 267.12 2.514.96 Ordinance No. 2763 -2014 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: June 4, 2014 Adopted: June 18, 2014 Effective: June 18, 2014 New Text Underlined; DELETED TEXT BRACKETED] Page 24 of 125 u May 27, 2014 Kenai "'V llaye with a Past, C# with a Future 2011 To: Rick Koch, City Manager From: Jeff Tucker, Fire Chief Reference: Overtime appropriation for Funny River Fire Operations The City of Kenai Fire Department has two pieces of apparatus working the Funny River Fire. Engine 5 is providing ARFF support to the heli -base at Soldotna airport and Squad 1 is providing initial attack and structural protection on the fire line. Engine 5 is staffed with one firefighter and Squad 1 is staffed with 3 firefighters both are working a 0700 -2300 shift with an additional hour for travel prior to and after each shift. The shifts schedules are subject to change based on operational needs. The Fire Department is requesting a supplemental appropriation to cover overtime this fiscal year, prior to reimbursement from State Forestry, in the amount of $22, 241.52. The department's average hourly overtime with benefits is $46.23. Per Day Charges: 72 hours (4 personnel working 18hour shifts) X $46.23= $3,328.56 7 day deployment: 7 days X $3,328.56 = $23,299.92 Page 25 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 26 of 125 SUBSTITUTE Suggested by: Administration CITY OF KENAI NO. 2763 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING REIMBURSEMENT FUNDS RECEIVED FOR SUPPORT OF FUNNY RIVER FIRE SUPPRESSION EFFORTS. WHEREAS, Kenai Fire Department personnel worked 445.25 overtime hours in support of Funny River Fire suppression efforts; and, WHEREAS, an agreement between the City and the State of Alaska Department of Natural Resources, Division of Forestry entitles the City to reimbursement of personnel cost associated with this support; and, WHEREAS, the overtime worked by department staff was not budgeted and the current budget is not able to support these expenditures without appropriation of the proceeds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: 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: Miscellaneous Revenue $19,988.95 State Grant - PERS On- Behalf 2,148.91 $22.137.86 Increase Appropriations Fire - Overtime $15,708.41 Fire - PERS 3,455.85 Fire - Workers' Compensation 518.38 Fire - Medicare 227.77 Fire - Unemployment 78.54 Non - Departmental - PERS 2.148.91 $22.137.86 New Text Underlined; DELETED TEXT BRACKETED] Page 27 of 125 Substitute Ordinance No. 2763 -2014 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: June 4, 2014 Adopted: June 18, 2014 Effective: June 18, 2014 New Text Underlined; IDELETED TEXT BRACKETED Page 28 of 125 IM June 9, 2014 Kenai "V llaye with a Past, C# with a Future' ty.11d 1�IILI 2011 Reference: Ordinance No. 2763 -2014 Substitute The City of Kenai Fire Department provided operational support to the Funny River Fire by deploying our Brush Truck, Squad 1, with 3 personnel and Engine 5, one of our Aircraft Rescue Firefighting apparatus with 1 personnel. The City of Kenai has a Cooperators agreement with the State of Alaska to be reimbursed for costs associated with fire operations. Ordinance N0. 2763 -2014 requested funds to cover overtime costs incurred by the department until reimbursed by the State. The dollar figures were projections on the anticipated amount of hours the units would be used. Both units have now been released from the fire and Substitute Ordinance N0. 2763 -2014 uses actual overtime costs incurred by the City of Kenai Fire Department. Jeff Tucker, Fire Chief City of Kenai Fire Department jtucker(a)ci.kenai.ak.us 907 - 283 -7666 (Office) Page 29 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 30 of 125 i Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2764 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS FOR COSTS IN EXCESS OF BUDGETED AMOUNTS PROVIDING 2013 AND 2014 SUMMER ICE SESSIONS AT THE KENAI MULTIPURPOSE FACILITY. WHEREAS, the Kenai Multipurpose Facility was leased by a provider last summer to provide summer ice and a youth hockey clinic; and, WHEREAS, at the time of adopting the FY2014 Budget the summer ice session was not anticipated nor budgeted for; and, WHEREAS, supplemental funding is needed for the departments utility budget for the additional utilities used during these sessions; and, WHEREAS, Multipurpose facility fees that were generated by the lease are in excess of previously budgeted amounts and are available for appropriation to cover the additional utility expenditures; and, WHEREAS, the administration anticipates a summer ice session again this summer. 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 Multipurpose User Fees $27,500 Increase Appropriations: Parks, Recreation & Beautification Utilities $27,500 New Text Underlined; [DELETED TEXT BRACKETED) Page 31 of 125 Ordinance No. 2764 -2014 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: June 4, 2014 Adopted: June 18, 2014 Effective: June 18, 2014 New Texi Underlined; [DELETED TEXT Page 32 of 125 ��I/c'�la�e with a Past, C# with a Future jr 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Y Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 111117 Me ddv df 1997 \Z/ MEMO* TO: Rick Koch, City Manager FROM: f Robert J. Frates, Parks 8r. Recreation Director DATE: May 28, 2014 SUBJECT: Ordinance No. 2764 -2014 Purpose of this correspondence is to recommend an appropriation of lease fees collected from last summer's youth hockey clinic at the City of Kenai /ConocoPhillips Multi- Purpose Facility. This appropriation is needed to supplement the department's utility budget due to additional utilities incurred during the summer sessions. I anticipate the facility being leased again this summer in order to provide summer ice and a youth hockey clinic. The FY15 draft budget currently reflects the additional utility expenditures projected for this summer. Page 33 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 34 of 125 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2765 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATIONS FEDERAL /STATE EMERGENCY MANAGEMENT GRANTS FOR THE RESPONSE AND RECOVERY FROM THE 2013 OCTOBER KENAI PENINSULA BOROUGH FLOOD. WHEREAS, flooding occurred within the City of Kenai during the 2013 October Kenai Peninsula Borough Floods; and, WHEREAS, the City of Kenai expended funds during response to the flooding and will perform permanent repairs to infrastructure damaged during the event; and, WHEREAS, the event has been declared a national disaster malting Federal and State Emergency Management Funds to reimburse the City for its efforts; and, WHEREAS, an additional grant is being created for permanent repairs of the South Spruce Street culvert wash -out and is expected in the near future; and, WHEREAS, the City's response to protect and repair the infrastructure is in the best interest of the City and its residents. 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 the City Manager is authorized to accept the grants in the amount of $158,775.49 and to expend the funds to fulfill the purpose and intent of the grants and this ordinance. Section 3: That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Federal Grants $24,752.67 State Grants 8.250.90 $33.003.57 Increase Appropriations: Streets - Overtime $ 7,124.41 Streets - Rentals 18,362.64 Streets - Operating & Repair Supplies 7.516.52 $33.003.57 New Text Underlined; [DELETED TEXT BRACKETED] Page 35 of 125 Ordinance No. 2765 -2014 Page 2 of 2 Municipal Roadway Improvements Capital Project Fund Increase Estimated Revenues: Federal Grants 94,328.94 State Grants 31,442.98 $125.771.92 Increase Appropriations: Construction $125 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: June 4, 2014 Adopted: June 18, 2014 Effective: June 18, 2014 New Text Underlined; DELETED TEXT BRACKETED) Page 36 of 125 / "Villaye with a Past, C# with a Future'/ f 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II �y Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 1992 \� Ike MEMORANDUM KENALALA SKA TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director 5 / *) DATE: May 29, 2014 SUBJECT: Ordinance No. 2765 -2014 — accepting and appropriations federal /state emergency management grants for the response and recovery from the 2013 October Kenai Peninsula Borough flood Rick, Flooding occurred within the City of Kenai during the 2013 October Kenai Peninsula Borough Floods. The City of Kenai expended funds during response to the flooding and will perform permanent repairs to infrastructure damaged during the event. The event has been declared a national disaster making Federal and State Emergency Management Funds to reimburse the City for its efforts. I have been coordinating with State and Federal personnel to ensure the emergency response and repairs, design of permanent repair, construction, mitigation, and management of the S. Spruce washout, Third Ave. sediment control facility washout, and the Inlet Woods subdivision street flooding is and will be reimbursable with Federal and State Emergency Management Funds. This ordinance authorizes the City Manager to accept the grants and expend the funds to fulfill the intent of the grants. The Inlet Woods flooding response is complete. The S. Spruce and Third Ave. emergency response, and permanent repair and future mitigation design is complete. I am awaiting State and Federal approval to advertise for bid for construction. Thank you for your attention to this matter. [PAGE LEFT BLANK INTENTIONALLY] Page 38 of 125 4V. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2766 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND AND APPROPRIATING FUNDS IN THE NEW CITY SHOP CAPITAL PROJECT FUND. WHEREAS, the City's Shop Department has experienced a year with below average quantity and severity of repairs to City equipment; and, WHEREAS, the result of this exceptional year is available funds in the department's budget; and, WHEREAS, construction on the new City Shop is nearing completion and the department has identified the need for a heavy equipment lift that the project's budget does not currently support; and, WHEREAS, this lift will allow for the safe lifting of large pieces of equipment for maintenance and repairs. 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 the following budget revision be made: General Fund Decrease Shop - Salaries $ 2,500 Shop - Operating Supplies 21,000 Shop - Utilities 8,000 Shop - Repair & Maintenance 4,500 Shop - Miscellaneous 2.000 Increase Non - Departmental - Transfer to New City Shop Capital Project Fund $ 000 Section 3: That estimated revenues and appropriations be increased as follows: New City Shop Capital Proiect Fund Increase Estimated Revenues: Transfer From General Fund New Text Underlined; [DELETED TEXT BRACKETED] Page 39 of 125 Ordinance No. 2766 -2014 Page 2 of 2 Increase Appropriations: Construction $ 0� PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. ATTEST: Sandra Modigh, City Clerk �I' Approved by Finance: Z* PAT PORTER, MAYOR Introduced: June 4, 2014 Adopted: June 18, 2014 Effective: June 18, 2014 New Text Underlined; [DELETED TEXT BRACKETED] Page 40 of 125 flee city of 11KIlaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t� Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tllll� 199] MEMORANDUM TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director 5, ?( DATE: May 29, 2014 SUBJECT: Ordinance No. 2766 -2014 —Authorizing a Budget Transfer within the General Fund and Appropriating Funds in the New City Shop Capital Project Fund Rick, This memo is in support of the ordinance appropriating excess funds in the shop operating account to the shop construction account. The City has been fortunate this fiscal year in that we have had less than average quantity and severity of repairs to City equipment. Subsequently, I project we will under spend the budget by approximately 12 %. Leaving the programmed 6% lapse in the operating budget, there is an approximate additional $38,000 available. I propose to transfer these funds to the capital project fund to allow for additional improvements. I anticipate spending the remaining construction contingency money and approximately $10,000 from this transfer to purchase a mobile heavy equipment lift. I expect to spend the remaining amount on fence and earthwork to connect the parks and recreation tent gravel pad to the new shop pad. If there are any additional funds remaining I would suggest extending the gravel pad to the east to allow for safe and efficient movement of heavy equipment around the building. Thank you for your attention to this matter. [PAGE LEFT BLANK INTENTIONALLY] Page 42 of 125 tiv t <ivo Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AUTOMATED TELLER MACHINE (ATM) CONCESSION AGREEMENT FOR THE KENAI MUNICIPAL AIRPORT. WHEREAS, on May 28, 2014 the City of Kenai requested bids for an Automated Teller Machine (ATM) Concession in the airport terminal for a period of five (5) years; and, WHEREAS, one responsive bid was received on June 10, 2014 for the contract years July 1, 2014 through June 30, 2019; and, WHEREAS, the bid amount received were as follows: Bidder Tyler Distributing ; and, Per Month 38% of gross receipts WHEREAS, Tyler Distributing, Inc. submitted the only responsible bid for the ATM concession at the Kenai Municipal Airport; and, WHEREAS, the City Administration has determined this bid meets all requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City Manager is authorized to enter into an Automated Teller Machine (ATM) Concession Agreement with Tyler Distributing, Inc. for the Kenai Municipal Airport fo the period July 1, 2014 through June 30, 2019. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 43 of 125 X Municipa Memo "Sevvivt y&&Civs'.c aP,r K.P.na l PenUtgt t e 305 N. VaLLOW ST. SUITE Zoo KO M, ALASKA 99611 TELEPHONE 907283.7951 FAX 907,2833737 To: Rick R. Koch — City Manager From: Mary L. Bondurant — Airport Manage Date: June 10, 2014 Subject: Recommendation — ATM Concession Bids were solicited on May 28, 30 and June 1, 2014, for the right to operate and maintain an Automated Teller Machine (ATM) Concession in the airport terminal. Two (2) individuals picked up bid packets and one (1) bid was received by 10:00 a.m. on Tuesday, June 10, 2014. In connection with the offer, the bid was as follows: Tyler Distributing 38% of gross receipts per month The past 5 years, the concessionaire paid the airport 36% of gross receipts per month. It is recommended the City Manager enter into the Automated Teller Machine (ATM) Concession Agreement with Tyler Distributing effective July 1, 2014, who submitted the only responsible bid. www.d.kenai.ak.us. Page 44 of 125 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -42 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND - POLICE DEPARTMENT FOR LEAVE IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, the Police Department projects a shortfall in its leave budget due to leave cash -outs associated with employee attrition; and, WHEREAS, due to vacancies caused by the attrition, the department has identified available funds within its FY14 Budget salaries account to cover the additional expenditure for leave cash -outs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund From: Police - Salaries $ja= To: Police- Leave $ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance:_ Page 45 of 125 j "Villaye with a Past, C# with a Future fl 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 IM Telephone: 907- 283 -7535 /FAX: 907 - 283 -3014 tl If _. -- 1992 ttie c[ly o f KEN SKA MEMO* `�TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 6110/14 SUBJECT: Request Resolution 2014 -42 Authorizing a Budget Transfer The Police Department Leave account currently has a significant deficit due to leave cash -outs associated with employee attrition. The Police Department currently has available funds to cover the deficit in Police salaries, due to a police officer vacancy. I am requesting a transfer of $12,000 from Police Salaries to Police Leave to balance the account. Page 46 of 125 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -43 • RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING • BUDGET TRANSFER WITHIN THE WATER & SEWER FUND FOR LEAVE, OVERTIME, AND COMMUNICATIONS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, the Water & Sewer Department projects a shortfall in its leave budgets due to leave cash -outs associated with employee attrition; and, WHEREAS, the Water & Sewer Department projects a shortfall in its overtime budgets due to an unpredicted large number of emergency call outs associated with the water treatment facility alarms, utility power outages, and lift station failures; and, WHEREAS, the budgetary amount provided to the Water & Sewer Department for FY 2014 communications was insufficient; and, WHEREAS, there are available funds within its FY14 Contingency accounts to cover the budget shortfalls. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: Water & Sewer fund From: Water - Contingency $20,000 Sewer - ContingencyQQQ $2zam To: Water - O/T $12,000 Water - Leave 5,500 Water - Communications 13,000 Sewer - O/T 2,000 Sewer - Leave 4.500 Page 47 of 125 Resolution 2014 -43 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance:1-46-� PAT PORTER, MAYOR Page 48 of 125 / "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236/ FAX: (907) 283 -3014 tlllil 1992 Me `I of v A MEMORANDUM euw� w� wcvw VTO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director DATE: June 10, 2014 SUBJECT: Water & Sewer Department Budget Revision Rick, This memo is in support of a Resolution 2014 -43 transferring funds within the Water & Sewer operating budget to cover projected shortfalls. The following events resulted in expenditures above the budgeted amounts. We experienced a large number of emergency call outs during this fiscal year due to failures and alarms at the water treatment facility, utility power outages that require us to power lift stations with the portable generator, and failures and plugged pumps at lift stations after normal working hours. An employee retired from the Water and Sewer Department and cashed out leave. The budgetary number that was provided to me for communications was insufficient. Thank you for your attention to this matter. Page 49 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 50 of 125 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -44 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE WATER & SEWER FUND FOR EXPENDITURES IN EXCESS OF BUDGETED AMOUNTS DUE TO AN ERROR IN FORMATION OF THE FY2014 OPERATING BUDGET. WHEREAS, an error in the final compilation of the FY2014 Budget has been discovered that resulted in under budgeting salaries and associated benefit accounts in the Water Department of the Water and Sewer Fund; and, WHEREAS; salaries of Water and Sewer personnel are equally split between departments but the adopted budget mistakenly understated the budget for the Water Department; and, WHEREAS, personnel vacancies due to employee retirement and delays in recruiting have resulted in sufficient funds being available in the Sewer Department to cover the budgeting error in the Water Department. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: Water & Sewer Fund From: Sewer - Salaries Sewer - Medicare Sewer - PERS Sewer - Workers Compensation To: Water - Salaries Water - Medicare Water - PERS Water - Workers Compensation Page 51 of 125 $20,000 290 7,172 512 $27.974 $20,000 290 7,172 512 $27.974 Resolution 2014 -44 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance:_ PAT PORTER, MAYOR Page 52 of 125 u "'V llaye 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 fAo: Rick Koch, City Manager I-1 From: Terry Eubank, Finance Director Date: June 11, 2014 Re: Resolution 2014 -44 The purpose of this memo is to support adoption of Resolution 2014 -44. Resolution 2014 -44 will authorize a budget transfer within the Water & Sewer Fund to correct a mistake made in the compilation of the FY2014 Budget. The error was not detected until now because expenditures for wages have been less due to vacancies during recruitment for open positions and the retirement of one employee this fiscal year. As a result there are sufficient funds within the Sewer Departments wage accounts to transfer and no supplemental funding is need. Your support is appreciated. Page 53 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 54 of 125 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -45 • RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING • BUDGET TRANSFER WITHIN THE SENIOR CITIZEN FUND FOR EXPENDITURES IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, the Senior Citizen Fund projects shortfalls in its Operating and Repair Supplies budgets due to increases in the cost of food and more meals being served than were originally projected; and, WHEREAS, available funds from other Fund accounts has been identified as available to cover the shortfalls of the Operating and Repair Supplies accounts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: Senior Citizen Fund From: Congregate - Small Tools 574.00 Congregate - Computer Software 557.00 Congregate - Communications 244.00 Congregate - Travel & Transportation 299.00 Congregate - Advertising 257.00 Congregate - Miscellaneous 30.00 Home Meals - Office Supplies 55.00 Home Meals - Small Tools 16.00 Home Meals - Computer Software 663.00 Home Meals - Professional Services 200.00 Home Meals - Communications 280.00 Home Meals - Travel & Transportation 854.00 Home Meals - Advertising 125.00 Home Meals - Printing & Binding 73.00 Home Meals - Repair & Maintenance 940.00 Home Meals - Miscellaneous 100.00 Page 55 of 125 Resolution 2014 -45 Page 2 of 2 Choice Waiver - Small Tools Choice Waiver - Computer Software Choice Waiver - Professional Services Choice Waiver - Communications Choice Waiver - Advertising Choice Waiver - Dues & Publications Transportation - Travel & Transportation Transportation - Advertising Transportation - Dues & Publications Transportation - Miscellaneous To: Choice Waiver - Operating & Repair Supplies Congregate Meals - Operating & Repair Supplies Home Meals - Operating & Repair Supplies 867.00 19.00 25.00 240.00 150.00 177.00 1,850.00 150.00 177.00 125.00 $5,000.00 3,000.00 1.047.00 $ 047 0 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: /.iy PAT PORTER, MAYOR Page 56 of 125 M "Villale with a Past, C# wild a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us TO: Rick Koch, City Manager From: Rachael S. Craig, Senior Services Director Date: June 11, 2015 RE: Resolution No. 2014 -45 Purpose of this memo is to recommend passage of Resolution 2014 -45. This will authorize a budget transfer within the Senior Center Fund for expenditures in excess of budget amounts. $9,047 will be used to purchase food. Due to increase in food prices as well as an increase in number of seniors needing meals additional funds are needed to purchase food for the meal program for the rest of the year. Page 57 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 58 of 125 Proposed Rotary and City of Kenai Green Space Park Administration Estimated Cost Notes: $11,613 • If the top soil, stored near the Senior Center, is available and the actual survey expense was less the estimated cost will be reduced. • Rotary will work with Park and Recreation to schedule a work schedule. Rotary will provide assistance with labor. • The city will apply for the conditional use permit. • Kaleidoscope School will provide murals to hang on the fence. They will be changed several times during the year. • Home Depot Team has been contacted to install the fence. Funds will need to be appropriated either from this years budget or from next years. Proposed Adjusted Cost Estimate: a — E - r Page 59 of 125 $5,863 T 1 0 m rt M c m GREEN SPACE PARK RO AT?Y /CITY M K'F_NAI J lift Y PageFftoth ftenue M N O> V J_ m Q J Y C Page 61 of 125 F ¢ u) 0 w D � z O U LL F Z5 z O O U e w � a LLI -e z , U w w w W d S Of 3 W o Z O � o LL L6 O � O z w > F O W w t z J K z in Y :) v z a� n¢ > a Y C Page 61 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 62 of 125 0 0 0 0 0 m ul W U w W J Q Z Q W W LL O a x w > d z O Q: o a a a J U Z Z m F- 0 U J z W Z O Z S U U_ Z S O r C O N I=L °p �[j r O U N Z W } U W z W O tL O � 0 Z W W W 2 = U K D a K Z > j a U J LLJ O N u Page 63 of 125 u "Wla9e with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll� 1992 MEMO: TO: City Council FROM: Rick Koch DATE: June 12, 2014 SUBJECT: Purchase Orders Greater than $15,000 The purpose of this correspondence is to recommend Council approval of a purchase order in the amount of $19,000 to the McDowell Group to provide professional consulting services. These services will include an economic analysis of businesses located within and near the City's corporate boundaries and identification of business segments which may be underserved. Additionally the consultant will create materials to assist the City of Kenai in marketing the City as a business destination. Thank you for your attention in this matter. Page 64 of 125 Municipal Airport Memo 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907,2837951 FAX 9072833737 To: Rick R. Koch — City Manager From: Mary L. Bondurant —Airport Mana Date: June 11, 2014 Subject: Assignment of Lease - Melodie Symington d!b /s Odie's Deli On June 10, 2014 Melodie Symington, d /b /a Odie's Deli, requested to assign the Restaurant Concession Agreement to PS241, LLC, d /b /a Odie's Deli, Megan and Sue Schaafsma. Article XX of the Restaurant Concession Agreement allows assignment or subletting with written consent from the City. The City agrees it will not unreasonably withhold its consent. Odie's Deli is current in all fees owed to the City. It is recommended to approve the Assignment of Lease from Melodie Symington to Megan and Sue Schaafsma. Please contact me if you have any questions. Attachments www dkenai.ak.us. Page 65 of 125 CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment of Kenai Municipal effective January 1, 2014 through December address is address is 44315 Sterling Highway, Odie's Deli whose address is address is 368 W. following - described property: Airport Restaurant Concession Agreement 31, 2018 from Melodie Symington whose Soldotna, AK 99669, to PS241, LLC d/b /a Arlington, Soldotna, AK 99669, covering the KENAI MUNICIPAL AIRPORT TERMINAL BUILDING, Lease Area Spaces #8, 8A, 4A, 2A & IA, first floor, Airport restaurant. is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original concession above - described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or assignment. THE CITY OF KENAI, Administration Rich Koch, Its: City Manager Airport Restaurant Consent to Assignment Page 66 of 125 Date Page 1 of 2 J ACKNOWLEDGEMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2014, Rick Koch, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska. My Commission Expires: ATTEST: Sandra Modigh, City Clerk SEAL: APPROVED AS TO FORM: Scott Bloom, City Attorney Return to: Scott Bloom - City Attorney City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Airport Restaurant Consent to Assignment Page 67 of 125 Page 2 of 2 ASSIGNMENT OF KENAI AIRPORT RESTAURANT CONCESSION AGREEMENT This Assignment is entered into between Melodie Symington whose address is address is 44315 Sterling Highway, Soldotna, AK 99669 (Assignor) and PS241, LLC d/b /a Odie's Deli whose address is address is 368 W. Arlington, Soldoma, AK 99669 (Assignee). Assignor does hereby assign and transfer all of Assignor's interest in the Concession Agreement as provided by that Agreement with the effective term of January 1, 2014 through December 31, 2018, for the following - described property: KENAI MUNICIPAL AIRPORT TERMINAL BUILDING, Lease Area Spaces #8, 8A, 4A, 2A & IA, first floor, Airport restaurant to Assignee to have and to hold the same from the date hereof, for and during all of the remainder of the term of said Concession Agreement. Assignee agrees to comply fully with all the terns and provisions of the Lease. This Assignment of Lease is effective upon the date of the last signature signed. ASSIGNOR: d/b /a Odie's Deli Bv- Melodie Symington Date Individually Assignment of Restaurant Concession Agreement Page 68 of 125 Page 1 of 3 ACKNOWLEDGEMENT STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this _ day of , 2014, by Melodie Symington, an Alaska Corporation, on behalf of the limited liability company. Notary Public for Alaska. My Commission Expires: ASSIGNEE: PS241, LLC. d/b /a Odie's Deli Rvr Megan Schaafsma ACKNOWLEDGEMENT STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT Date The foregoing instrument was acknowledged before me this _ day of > 2014, by Megan Schaafsma, an Alaska Corporation, on behalf of the limited liability company. Notary Public for Alaska. My Commission Expires: Assignment of Restaurant Concession Agreement Page 69 of 125 Page 2 of 3 ASSIGNEE: PS241, LLC. d/b /a Odie's Deli By: Sue Schaafsma Date ACKNOWLEDGEMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this _ day of , 2014, by Sue Scbaafsma, an Alaska Corporation, on behalf of the limited liability company. Notary Public for Alaska. My Commission Expires: APPROVED A TO FORM: Scott Bloom, City Attorney Return to: Scott Bloom — City Attmney City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Assignment of Restaurant Concession Agreement Page 70 of 125 Page 3 of 3 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2767 -2014 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 2015 OPERATING BUDGET PAY SCHEDULES. WHEREAS, the Fiscal Year (FY) 2015 Operating Budget Pay Schedule was established by adding a 3.50% cost of living increase to the FY2014 schedule as approved by the adoption of the FY2015 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 2014 Operating Budget Salary Schedule, is hereby replaced with the Fiscal Year 2015 Operating Budget Pay Schedule as follows: New Text Underlined; [DELETED TEXT BRACKETED] Page 71 of 125 Ordinance No. 2767 -2014 Page 2 of 3 Range A 8 C D E F AA Be CC Step 1 10.05 10.30 10.55 10.80 11.05 11.30 11.55 11.80 12.06 1.1 10.54 10.80 11.05 11.32 11.58 11.85 12.11 12.38 12.64 2 11.22 11.50 11.78 12.06 12.34 12.62 12.90 13.18 13.46 2.1 11.81 12.11 12.40 12.70 12.99 13.29 13.58 13.88 14.17 22 12.49 12.80 13.12 13.43 13.74 14.06 14.37 14.68 15.00 2.3 13.12 13.44 13.78 14.11 14.44 14.76 15.09 15.42 15.74 2.4 15.33 15.71 16.09 16.48 16.86 17.24 17.63 18.01 18.39 2.5 17.36 17.79 18.23 18.65 19.09 19.52 19.95 20.39 20.82 3 17.47 17.91 18.34 18.77 19.22 19.65 20.09 20.52 20.96 4 18.34 18.81 19.26 19.72 20.18 20.64 21.09 21.56 22.01 5 19.26 19.75 20.22 20.71 21.19 21.67 22.15 22.64 23.12 6 20.22 20.73 21.24 21.75 22.25 22.75 23.26 23.76 24.27 7 21.24 21.78 22.30 22.83 23.36 23.90 24.43 24.95 25.49 8 22.31 22.87 23.43 23.99 24.54 25.10 25.66 26.22 26.78 9 23.42 24.00 24.59 25.17 25.76 26.34 26.93 27.52 28.10 10 24.58 25.20 25.81 26.42 27.04 27.66 28.28 28.89 29.50 11 25.81 26.45 27.10 27.75 28.39 29.04 29.68 30.33 30.98 12 27.12 27.79 28.46 29.15 29.82 30.50 31.17 31.86 32.53 13 28.45 29.16 29.87 30.58 31.30 32.00 32.72 33.43 34.13 14 29.89 30.64 31.38 32.14 32.88 33.63 34.37 35.13 35.87 15 31.38 32.17 32.95 33.74 34.53 35.31 36.09 36.88 37.66 16 32.94 33.76 34.59 35.41 36.24 37.05 37.88 38.70 39.53 17 34.59 35.46 36.32 37.19 38.06 38.92 39.79 40.64 41.51 18 36.32 37.23 38.14 39.04 39.95 40.86 41.77 42.67 43.58 19 38.13 39.08 40.03 40.99 41.94 42.89 43.85 44.81 45.76 20 40.05 41.06 42.05 43.06 44.06 45.06 46.06 47.06 48.07 21 42.06 43.11 44.16 45.21 46.26 47.31 48.37 49.41 50.47 22 44.13 45.24 46.35 47.44 48.55 49.65 50.76 51.86 52.96 23 46.35 47.51 48.67 49.82 50.98 52.14 53.30 54.46 55.62 24 48.73 49.95 51.16 52.38 53.60 54.82 56.03 57.26 58.48 Range A B C D E F AA BB CC Step 13 20.33 20.82 21.33 21.85 22.36 22.86 23.37 23.88 24.38 14 21.35 21.88 22.42 22.96 23.48 24.02 24.55 25.09 25.63 15 22.42 22.98 23.54 24.11 24.66 25.22 25.78 26.34 26.90 16 23.54 24.12 24.71 25.30 25.89 26.46 27.05 27.64 28.23 New Text Underlined; [DELETED TEXT Page 72 of 125 Ordinance No. 2767 -2014 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, 2014. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance:" PAT PORTER, MAYOR Introduced: June 18, 2014 Adopted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; )DELETED TEXT BRACKETED) Page 73 of 125 "V illaye with a Past, C# with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -75351 FAX: 907 - 283 -3014 u To: Rick Koch, City Manager `From: Terry Eubank, Finance Director Date: June 10, 2014 Re: Ordinance 2767 -2014 Ordinance 2767 -2014 codifies the changes to the personnel section of the Kenai Municipal Code that were adopted with the passage of the FYI City of Kenai Budget. Changes are required with the adoption of the FYI Pay Schedule that incorporated a 3.5% Cost of Living Allowance (COLA) increase. The COLA increase has an estimated FYI salary and benefit cost to the City of $425,479 for all funds, comprised of $258,093 in employee pay increases and $167,386 in associated employee benefits. Page 74 of 125 Suggested by: Administration CITY OF KENAI NO. 2768 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING FUNDS IN THE MULTI - PURPOSE FACILITY CAPITAL PROJECT FUND. WHEREAS, Resolution 2014 -39 authorized a transfer from the General Fund to the Multi- purpose Facility Capital Project Fund for preliminary design of permanent locker rooms at the facility; and, WHEREAS, appropriation is required in the individual capital project funds prior to funds being extended; and, 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: Multi - purpose Facility Capital Proiect Fund Increase Estimated Revenues: Transfer From General Fund $Q Q 0 Increase Appropriations: Professional Services $30.000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: June 18, 2014 Adopted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; IDELETED TEXT BRACKETED] Page 75 of 125 u "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 o: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: June 10, 2014 Re: Ordinance 2768 -2014 The purpose of this memo is to provide supporting information for Ordinance 2768 -2014, Ordinance 2768 -2014 will appropriate funds transferred from the General to the Multi- purpose Facility Capital Project Fund by Resolution 2014 -39. Resolution 2014 -39 authorized the transfer of $30,000 from the General Fund for preliminary design of permanent locker rooms at Kenai Multi-purpose Facility. Funds will be used for preliminary design and cost estimation for the project. Completion of the design will facilitate the pursuit of grant funds for the construction. Page 76 of 125 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2769 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING TRANSFERS FOR FY2015 BUDGETED CAPITAL PROJECTS IN THE MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL PROJECT FUND, THE PARKS IMPROVEMENT CAPITAL PROJECT FUND, AND THE AIRPORT IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, at its June 4, 2014 meeting, Council adopted the FY2015 Citywide Budget which included $435,000 in capital projects; and, WHEREAS, $60,000 was appropriated to the Municipal Roadway Improvement Capital Project Fund for construction of Overland Drive sidewalks; and, WHEREAS, $250,000 was appropriated to the Park Improvements Capital Project Fund for construction of a 2 -5 year old play area in Municipal Park, $120,000, completion of a convention center feasibility study and park other park planning, $50,000, and other park improvements to be authorized by Council, $80,000; and, WHEREAS, $125,000 was appropriated to the Airport Improvements Capital Project Fund for Automated Flight Service Station improvements; and, WHEREAS, appropriation is required in the individual capital project funds prior to funds being extended; and, 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 Municipal Roadwav Improvements Fund Increase Estimated Revenues: Transfer From General Fund $bQ (L Increase Appropriations: Construction $601000 New Text Underlined; DELETED TEXT BRACKETED) Page 77 of 125 Ordinance No. 2769 -2014 Page 2 of 2 Section 3: That estimated revenues and appropriations be increased as follows: Park Improvements Capital Project Fund Increase Estimated Revenues: Transfer From General Fund $2,5Q,000 Increase Appropriations: Municipal Park 2 -5 Year Old Play Area Construction $120,000 Convention Center Feasibility Study and Other Park Planning - Professional Services 50,000 Park Improvements to be identified 80.000 $ 50 00 Section 4: That estimated revenues and appropriations be increased as follows: Airport Improvements Capital Project Fund Increase Estimated Revenues: Transfer From Airport Fund $12��gg Increase Appropriations: Automated Flight Service Station Improvements $ OQQ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July; 2014. ATTEST: Sandra Modigh, City Clerk 1 Approved by Finance: � PAT PORTER, MAYOR Introduced: June 18, 2014 Adopted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; ]DELETED TEXT BRACXETED] Page 78 of 125 u "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: June 10, 2014 Re: Ordinance 2769 -2014 The purpose of this memo is to provide supporting information for Ordinance 2769 -2014. Ordinance 2769 -2014 will appropriate funds transferred from the General and Airport Funds for capital projects in the FY2015 Budget. Funds transferred by other funds require appropriation prior to expending in the Funds receiving the transfers. The FY2015 appropriated a transfer of $60,000 to the Municipal Roadway Improvements Capital project fund for design and construction of sidewalks for Overland Drive in Old Town Kenai. Funds will be used to improve pedestrian access in the area. A total of $250,000 was appropriated to transfer to the Park Improvements Capital Project fund for completion of a 2 -5 year old play area in Municipal Park, $120,000, completion of a park planning and convention center feasibility study, $50,000 and other park improvements to be designated by Council, $80,000. Within the Airport Fund, $125,000 was appropriated for transfer to the Capital Project Fund for upgrades to the Automate Flight Service Station lease with the Federal Aviation Administration. Passage of this Ordinance will allow each of these projects to proceed. Page 79 of 125 Airport Improvements called for by the new [PAGE LEFT BLANK INTENTIONALLY] Page 80 of 125 Suggested by: Administration CITY OF KENAI NO. 2770 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT IN THE AMOUNT OF $200,000 FROM THE STATE OF ALASKA FOR UPGRADE AND RENOVATION DESIGN AT THE CITY'S WASTEWATER TREATMENT FACILITY. WHEREAS, Senate Bill 119 authorized a grant to the City in the amount of $200,000 for design of upgrades and renovations at the City's Wastewater Treatment Plant; and, WHEREAS, Senate Bill 119 was signed by Governor Parnell on May 28, 2014 and funding becomes available July 1, 2014; and, WHEREAS, these grant funds be for design of upgrades and renovations at the Wastewater Treatment Plant; and, WHEREAS, acceptance of this grant is in the best interest of the City and its citizens. 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 the City Manager is authorized to accept a grant from the State of Alaska in the amount of $200,000 for design of upgrades and renovations at the City's Wastewater Treatment Plant and is authorized to execute a grant agreement and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: Wastewater Treatment Plant Capital Proiect Fund Increase Estimated Revenues: State Grants $ Increase Appropriations: Professional Services Section 4. That pursuant to KMC 1.15.070(1) this Ordinance shall take effect on July 2, 2014. Page 81 of 125 Ordinance 2770 -2014 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: —/' PAT PORTER, MAYOR Introduced: June 18, 2014 Enacted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; (DELETED TEXT BRACKETED] Page 82 of 125 u "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager I/ From: Terry Eubank, Finance Director Date: June 10, 2014 Re: Ordinance 2770 -2014 The purpose of this memo is to provide supporting information for Ordinance 2770 -2014. Ordinance 2770 -2014 will appropriate grant funds received from the State of Alaska for design of upgrades and renovations to the City's Wastewater Treatment Facility. Grant funds will be utilized for design of upgrades and renovations to improve the efficiency and extend the operational life of the City's Wastewater Treatment Facility. The City has identified numerous upgrades that will reduce energy consumption at the facility. It is expected that the energy savings from these upgrades will be sufficient to service potential debt issued for their construction. Upgrades, improvements, and major maintenance will ensure the facility continues to operate effectively and efficiently for years to come. Page 83 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 84 of 125 u Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2771 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT IN THE AMOUNT OF $1,900,000 FROM THE STATE OF ALASKA FOR CONSTRUCTION OF AN ALTERNATE ACCESS ON THE CITY'S SOUTH BEACH FOR PERSONAL USE FISHERY PARTICIPANT ACCESS. WHEREAS, Senate Bill 119 authorized a grant to the City in the amount of $1,900,000 for construction of an alternate access on the City's South Beach for Personal Use Fishery Participants; and, WHEREAS, Senate Bill 119 was signed by Governor Parnell on May 28, 2014 and funding becomes available July 1, 2014; and, WHEREAS, these grant funds will be for property acquisition, design and construction of an alternate beach access; and, WHEREAS, acceptance of this grant is in the best interest of the City, its citizens, and participants of the annual State of Alaska Personal Use Fishery. 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 the City Manager is authorized to accept a grant from the State of Alaska in the amount of $1,900,000 for construction of an alternate access on the City's South Beach for Personal Use Fishery Participants and is authorized to execute a grant agreement and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: Municipal Roadway Improvements Capital Project Fund Increase Estimated Revenues: State Grants $1.900.000 Increase Appropriations: Construction Section 4. That pursuant to KMC 1.15.070(fj this Ordinance shall take effect on July 2, 2014. Page 85 of 125 Ordinance 2771 -2014 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: June 18, 2014 Enacted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; IDELETED TEXT BRACKETED] Page 86 of 125 u "Vllaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 (I/ l To: Rick Koch, City Manager �� From: Terry Eubank, Finance Director Date: June 10, 2014 Re: Ordinance 2771 -2014 The purpose of this memo is to provide supporting information for Ordinance 2771 -2014. Ordinance 2771 -2014 will appropriate grant funds received from the State of Alaska for construction of a new access to the City's South Beach. The new access will reduce the impact to local property owners of participants of the annual Personal Use Fishery. Grant funds will be utilized for land acquisition, design and construction of the new access. Construction is planned for the spring of 2015. The access should be available by July 2015. Page 87 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 88 of 125 WW Suggested by: Administration CITY OF KENAI NO. 2772 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT IN THE AMOUNT OF $250,000 FROM THE STATE OF ALASKA FOR KENAI RECREATION CENTER CAPITAL PROJECT FUND. WHEREAS, Senate Bill 119 authorized a grant to the City in the amount of $250,000 for improvements to the Kenai Recreation Center; and, WHEREAS, Senate Bill 119 was signed by Governor Parnell on May 28, 2014 and funding becomes available July 1, 2014; and, WHEREAS, these grant funds will be used for facility and equipment upgrades at the Kenai Recreation Center; and, WHEREAS, acceptance of this grant is in the best interest of the City and its citizens. 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 the City Manager is authorized to accept a grant from the State of Alaska in the amount of $250,000 for improvements to the Kenai Recreation Center and is authorized to execute a grant agreement and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: Kenai Recreation Center Capital Proiect Fund Increase Estimated Revenues: State Grants $ Increase Appropriations: Construction Machinery & Equipment •1 111 1 111 Section 4. That pursuant to KMC 1.15.070(f this Ordinance shall take effect on July 2, 2014. Page 89 of 125 Ordinance 2772 -2014 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. ATTEST: Sandra Modigh, City Clerk � Approved by Finance: I' I r, PAT PORTER, MAYOR Introduced: June 18, 2014 Enacted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; IDELETED TEXT BRACKETED] Page 90 of 125 "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 JM To: Rick Koch, City Manager f1 \ From: Terry Eubank, Finance Director Date: June 10, 2014 Re: Ordinance 2772 -2014 The purpose of this memo is to provide supporting information for Ordinance 2772 -2014. Ordinance 2772 -2014 will appropriate grant funds received from the State of Alaska for upgrades to the Kenai Recreation Center. The City is analyzing facility needs to determine the best use for the funds. Upgrades may include HVAC upgrades, painting and floor coverings, interior remodel to improve space utilization and efficiency and exercise equipment upgrades. Page 91 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 92 of 125 Suggested by: Administration CITY OF KENAI NO. 2773 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT IN THE AMOUNT OF $1,900,000 FROM THE STATE OF ALASKA FOR CONSTRUCTION OF A NEW CITY LIGHT /HEAVY EQUIPMENT STORAGE BUILDING. WHEREAS, Senate Bill 119 authorized a grant to the City in the amount of $1,900,000 for construction of a new light /heavy equipment storage facility; and, WHEREAS, Senate Bill 119 was signed by Governor Parnell on May 28, 2014 and funding becomes available July 1, 2014; and, WHEREAS, these grant funds will be for construction of a new light /heavy equipment storage facility on the same site as the new city shop; and, WHEREAS, acceptance of this grant is in the best interest of the City and its citizens. 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 the City Manager is authorized to accept a grant from the State of Alaska in the amount of $1,900,000 for construction of a new light /heavy equipment storage facility and is authorized to execute a grant agreement and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: New City Shop Capital Proiect Fund Increase Estimated Revenues: State Grants Increase Appropriations: Construction $ .9 Section 4. That pursuant to KMC 1.15.070(f) this Ordinance shall take effect on July 2, 2014. Page 93 of 125 Ordinance 2773 -2014 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: June 18, 2014 Enacted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; (DELETED TEXT BRACKETED Page 94 of 125 °Villaye with a Past, C# with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IV 1 To: Rick Koch, City Manager �I From: Terry Eubank, Finance Director Date: June 10, 2014 Re: Ordinance 2773 -2014 The propose of this memo is to provide supporting information for Ordinance 2773 -2014. Ordinance 2773 -2014 will appropriate grant funds received from the State of Alaska for the construction of a new light heavy equipment storage building on the same site as the new City Shop. Grant funds will be used for the design and construction of a new facility to provide storage for the City's fleet of equipment. Construction is planned on the site of the new City Shop. The size of the building will be maximized to utilize this 51,900,000 grant. Page 95 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 96 of 125 Suggested by: Administration CITY OF KENAI NO. 2774 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT IN THE AMOUNT OF $400,000 FROM THE STATE OF ALASKA FOR PURCHASE OF A REPLACEMENT FIRE PUMPER /ENGINE. WHEREAS, Senate Bill 119 authorized a grant to the City in the amount of $400,000 for purchase of a pumper /engine to replace an aging piece of apparatus in the department's fleet; and, WHEREAS, Senate Bill 119 was signed by Governor Parnell on May 28, 2014 and funding becomes available July 1, 2014; and, WHEREAS, these grant funds be used in addition to other Equipment Replacement Fund Funds for the purchase; and, WHEREAA, a Resolution authorizing the purchase from the Equipment Replacement Fund will be presented for adoption once the apparatus has been specified, competitively procured, and a cost has been determined; and, WHEREAS, acceptance of this grant is in the best interest of the City and its citizens. 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 the City Manager is authorized to accept a grant from the State of Alaska in the amount of $400,000 for purchase of a pumper /engine to replace an aging piece of apparatus in the department's fleet and is authorized to execute a grant agreement and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: Equipment Replacement Fund Increase Estimated Revenues: State Grants Increase Appropriations: Equipment $400_000 Section 4. That pursuant to KMC 1.15.070(f this Ordinance shall take effect on July 2, 2014. Page 97 of 125 Ordinance 2774 -2014 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: June 18, 2014 Enacted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; [DELETED TEXT BRACKETED] Page 98 of 125 u "V Ilaye with a Past Gi� with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 / To: Rick Koch, City Manager "1 •l From: Terry Eubank, Finance Director / Date: June 10, 2014 Re: Ordinance 2774 -2014 The purpose of this memo is to provide supporting information for Ordinance 2774 -2014. Ordinance 2774 -2014 will appropriate grant funds received from the State of Alaska for the purchase of a replacement an aging fire engine/pumper. The City's existing engine/pumper is 1983 model and is approaching the end of its service life. The replacement engine will have a twenty -five to thirty year service life and will upgrade the department's capabilities through the utilization of new technologies. These grant funds combined with funds from the City's Equipment Replacement Fund will be combined for the purchase. Upon completion of vehicle specifications and competitive procurement, a Resolution authorizing the purchase and use of Equipment Replacement Funds will be prepared for Council's consideration. Page 99 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 100 of 125 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2777 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO REIMBURSE ANNUAL LEAVE USED BY FIREFIGHTER PETER COOTS FOR ATTENDING A PARAMEDIC INTERNSHIP PROGRAM. WHEREAS, Firefighter Peter Coots recently completed his paramedic certification; and WHEREAS, as part of the certification process, Firefighter Peter Coots expended approximately $15,000 of his own funds and used approximately 528 hours of annual leave to attend a paramedic internship at the Mesa, Arizona Fire and Medical Department from September 11, 2013 to November 6, 2013; and, WHEREAS, the City benefits from having certified paramedics in the Fire Department providing a hire level of service; and, WHEREAS, as a certified paramedic, Mr. Coots receives additional compensation; and WHEREAS, it is in the best interests of the City to reimburse Firefighter Peter Coots' leave account, which he used to attend the paramedic internship; a period of time in which 528 hours of annual leave were used; and, WHEREAS, an ordinance is necessary to accomplish this as the City Code does not contain a specific method to accomplish such reimbursement of leave time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non -code ordinance. Section 2. Authorizing the Reimbursement of Leave: That the City Manager is authorized to enter into an agreement to reimburse 528 hours of annual leave utilized by Firefighter Peter Coots for attending a paramedic internship program over a period of three years. Section 3. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect one month after adoption. New Text Underlined; [DELETED TEXT BRACKETED] Page 101 of 125 Ordinance No. 2777 -2014 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: June 18, 2014 Adopted: July 2, 2014 Effective: August 1, 2014 New Text Underlined: DELETED TEXT BRACKETED] Page 102 of 125 M MEMO: TO: City Council "Vi'llaye with a Past, Gc�y with a Fif hire " 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 FROM: Rick Koch, City Manager DATE: June 12, 2014 SUBJECT: Ordinance No. 2777 -2014 www.ci.kenai.ak.us [cs� 2011 The purpose of this memo is to provide additional information in support of the referenced ordinance. Firefighter Peter Coots completed a paramedic internship at the Mesa, Arizona Fire and Medical Department from September 11, 2013 to November 6, 2013 at his own expense. The training and experience will benefit the City of Kenai through improved emergency medical response. Kenai Fire Department firefighters are not required to become paramedics and are not eligible for a leave of absence with pay under KMC 23.40.060 to attend paramedic school since it is not a requirement of their position. However, in recognition of professional development, personal time, and effort of the individual to achieve the same, a recognition entitlement is paid to Fire Department employees who obtain a paramedic certification at the rate of $1,500 per year, which is only $500 more per year than the employee would receive as qualification pay as an EMT III. In order to obtain the training while employed with the City, an employee must use all of his or her annual leave, taking between 300 to 450 hours of leave. The cost of the training is an estimated $15,000. Reimbursing leave taken to attend paramedic is typical of what other similarly- situated departments are doing nation -wide. Based upon the recommendation of Fire Chief Jeff Tucker, the attached Ordinance provides for the City Manager to enter into an agreement with Peter Coots to be reimbursed for the leave he utilized to attend paramedic training in equal reimbursements over a period of three years. Should Mr. Coot's employment with the City end prior to the reimbursement being complete, the reimbursement would not continue. Page 103 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 104 of 125 i� Suggested by Council Member Bookey CITY OF KENAI ORDINANCE NO. 2778 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE- ENACTING KMC 2.40.020 - APPROVAL BY COUNCIL, TO REMOVE THE REQUIREMENT THAT THE COUNCIL ENTER FINDINGS INTO THE MINUTES OF THE COUNCIL PRIOR TO APPROVING A NOTICE OF NON - OBJECTION FOR THE RENEWAL OF LICENSES AND PERMITS REGULATED BY THE ALCOHOLIC BEVERAGE CONTROL BOARD AND MAKING OTHER UPDATES. WHEREAS, Alaska Statute 04.11.480(a) provides that local governing bodies may protest the issuance, renewal, relocation or transfer of a license by sending the Alcoholic Beverage Control Board (ABC Board) a protest within 60 days of receipt of notice of an application; and, WHEREAS, the City also receives notices from and may file protests with the ABC Board for Restaurant Designation Permits which relate to access and employment of minors in designated licensed premises; and, WHEREAS, Kenai Municipal Code 2.40.020 - Approval by Council, currently requires the Council to read findings into the minutes of the meetings for renewals of liquor licenses stating that the applicants have satisfied all obligations to the City which prohibits the renewals from passing on the consent agenda; and, WHEREAS, the administration routes all renewals for liquor licenses and designation permits to the relevant departments to verify obligations owed to the City, or lack thereof, and shares that information along with a recommendation to Council in writing; and, WHEREAS, allowing routine renewals to pass on the consent agenda will improve the efficiency of Council Meetings without unreasonably detracting from the public process or record; and WHEREAS, other clerical and house keeping changes are required to more accurately reflect the City's process in approving permits and licenses regulated by the ABC Board. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance New Text Underlined; [DELETED TEXT Page 105 of 125 Ordinance No, 2778 -2014 Page 2 of 2 Section 2. Reveal and re- enactment of z5ectton L.4V.U6U of me nenai mumcmau Code: That Kenai Municipal Code, Section 2.40.020 - Approval by Council, is hereby repealed and re- enacted as follows: 2.40.020 Avvroyal By Council. [PRIOR TO APPROVING RENEWAL OF ANY LIQUOR LICENSE BY THE CITY OF KENAI, THE COUNCIL SHALL ENTER FINDINGS IN THE MINUTES OF THE COUNCIL THAT THE AFORE - DESCRIBED LIQUOR LICENSEES HAVE SATISFIED ALL OBLIGATIONS TO THE CITY OF KENAI OR THAT THE APPLICANT HAS ENTERED INTO A CITY APPROVED PAYMENT PLAN WITH THE BOROUGH OR CITY ON ANY OBLIGATIONS OWED TO THE CITY AND SAID APPLICANT IS IN COMPLIANCE WITH SAID PAYMENT PLAN. AFTER MAKING SUCH FINDING, THE CITY COUNCIL MAY GRANT THE APPROVAL REQUESTED.] Section 3. Severabilitv; 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(1), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: June 18, 2014 Adopted: July 2, 2014 Effective: August 1, 2014 New Tent Underlined; DELETED TEXT Page 106 of 125 r Terry Booke y To: Mayor Pat Porter, Vice Mayor Ryan Marquis Council Members Mike Boyle, Brian Gabriel, Bob Molloy, Tim Navarre From: Council Member Terry Bookey Date: June 13, 2014 Re: Ordinance 2778 -2014 Passage of ordinance 2778 -2014 will repeal and re -enact KMC 2.40.020. The proposed changes remove the requirement that findings be read into the minutes and more accurately reflect the role of the City in approving liquor licenses. Your support is encouraged. Page 107 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 108 of 125 t CITY OF KENAI NO. 2779 -2014 Suggested by City Manager AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING THE REQUIREMENT OF KMC 17.10.020(C) - CONNECTION STANDARDS AND COSTS, THAT REQUIRES SERVICE LINES TO BE INSTALLED OFF A MAIN LINE THAT IS ADJACENT TO THE OWNER'S PROPERTY AND ALLOWING FOR A SERVICE LINE IN THE RIGHT -OF -WAY FOR THE PARCEL LOCATED AT 1207 FIFTH COURT IN KENAI. WHEREAS, Kenai Municipal Code 17.10.020(c) requires in relevant part that water service lines be installed off a main line that is adjacent to the owners property; and, WHEREAS, requiring service lines to be installed off an adjacent main helps the city maintain utilities in rights -of -way in an orderly manner; and, WHEREAS, the owner of the parcel located at 1207 Fifth Court in Kenai has requested an exception to KMC 17.10.020(c) to be allowed to run a service line into the right -of- way approximately 370 feet to the nearest main line; and, WHEREAS, the cost of running a main to the parcel would be approximately $37,000 which is cost prohibitive given that any further development utilizing the main is unlikely to occur as property is at the end of a cul -de -sac and the City owns the adjacent property which is primarily undevelopable due to wetlands; and, WHEREAS, requiring a main extension of 370 feet to serve one property would result in increased capital and maintenance costs to the City which would not likely be recouped by one service line; and WHEREAS, it is in the best interest of the City and the owner of 1207 Fifth Court to grant an exception to KMC 17.10.020(c) and allow the property owner to run a service line in the right -of -way to the nearest main line. 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. Waiver: That the requirement of KMC 17.10.020(c) requiring a service line connection to a main adjacent to the property is waived for the owner of 1207 Fifth Court and the owner is permitted to run a service line from the property into the adjacent right -of -way and to the nearest main line after obtaining all other applicable City permits. New Text Underlined; (DELETED TEXT BRACKETED Page 109 of 125 Ordinance No. 2779 -2014 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 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: June 18, 2014 Adopted: July 2, 2014 Effective: August 1, 2014 New Text Underlined; DELETED TEXT BRACKETED] Page 110 of 125 "%1149e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1I II 1992 MEMO* TO: City Council FROM: Rick Koch DATE: June 12, 2014 SUBJECT: Ordinance No. 2779 -2014, Waiving the Requirements of KMC 17.10.020(c), Water Service The purpose of this correspondence is to recommend Council adoption of the above referenced ordinance. The property described as 1207 5`h Court is at the end of a cul -de -sac approximately 370 lineal feet from the City's water transmission main located in Birch Street. The land to the north of 5`h Court in this location will most likely not be developed in the future, and therefore no additional water services will be constructed. The only other lot on 5`h Court is already developed and its water service connection was accomplished in the same manner in which the owner of 1207 5th Court is requesting. Thank you for your attention in this matter. Page 111 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 112 of 125 j " "Viliaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 tlll�l - -- - ° "`- 1992 Ike 6tiy o f KENAI. ALASKA MEMORANDUM TO: City Council FROM: Francis Krizmanich, City Planner THROUGH: Rick Koch DATE: June 18, 2014 SUBJECT: Kenai Business Improvement Program In 2013, the City Council became interested in the Storefront Improvement Program (SIP) that was created by the City of Soldotna. The program was created to help revitalize businesses along their highway corridors by providing matching grant funding for storefront improvements to commercial properties with street frontage. The Kenai City Council requested that the Planning Commission review the Soldotna program to possibly create a similar program for the City of Kenai. The Planning Commission held work sessions in 2013, and also in February, March and April this year. At their meeting on May 14, the Planning Commission approved the Kenai Business Improvement Program (KBIP) by their Resolution PZ14 -09, which is now being presented to City Council. For this meeting I would like to present the new Kenai Business Improvement Program (KBIP) Guidelines and Application as recommended by the Planning and Zoning Commission. • The program should be named the Kenai Business Improvement Program (KBIP). • The Program should be limited to properties located in the commercial zone districts. These districts include the Townsite Historic, Central Commercial, Limited Commercial, General Commercial and Central Mixed zones. • Projects must front on an identified public street. • The Planning Commission recommended that City Council appoint a selection committee to decide which projects are eligible. The staff recommends that Council appoint the Mini Grants Committee. Page 113 of 125 CITY OF KENAI PLANNING AND ZONING COMMISSION H f RESOLUTION NO. PZ14 -09 KENAI BUSINESS IMPROVEMENT PROGRAM rore�eiesre A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL AND ADOPTION OF THE KENAI BUSINESS IMPROVEMENT PROGRAM FOR THE CITY OF KENAI TO THE KENAI CITY COUNCIL. WHEREAS, in 2013 the City Council requested that the Planning and Zoning Commission review the Soldotna Storefront Improvement Program to possibly create a similar program for the City of Kenai; WHEREAS, the Planning and Zoning Commission held work sessions during 2013 to review the Soldotna program; WHEREAS, on February 26, 2014, the Kenai Planning and Zoning Commission continued their review of the information pertaining to the City of Soldotna's Storefront Improvement Program. The Commission agreed that a similar program would be beneficial to the City of Kenai; WHEREAS, on March 26, 2014, the Planning and Zoning Commission discussed changes and additions to the program guidelines and application format and agreed to develop a business improvement program to be known as the Kenai Business Improvement Program (KBIP); and WHEREAS, on April 9, 2014, the Kenai Planning and Zoning Commission reviewed and approved the final draft of the Kenai Business Improvement Program guidelines and recommends to the Kenai City Council approval of the Kenai Business Improvement Program. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council adopt the Kenai Business Improvement Program guidelines and application attached hereto. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THE 14TH DAY OF MAY, 2014. CHAIRPE ATTEST: Page 114 of 125 Page I KBIP PROGRAM GUIDELINES- 2014 PURPOSE The purpose of the Kenai Business Improvement Program (KBIP) is to revitalize Kenai's commercial corridors by stimulating additional private investment in our local economy. By partnering with local business owners and lessees to share the cost of beautifying the exterior of a business, the program aims to boost traffic, increase property values, and improve the overall look and vitality of our city's commercial core. The program is being established to meet several goals: - Promoting development of our "downtown area" to attract both visitors and residents; - Encouraging redevelopment of key commercial areas, particularly businesses with street fronts in the commercial zone districts. The commercial zone districts include Townsite Historic, Central Commercial, Limited Commercial, General Commercial and the Central Mixed Use. - Ensuring a healthy economy by supporting a diversity of local businesses; and - Improving the streetscape along the Kenai Spur Highway. GENERAL INFORMATION The KBIP is a reimbursement grant, which can be used for exterior improvements to businesses in the City of Kenai. The amount available for each property is 50% of the cost of eligible improvements, up to a maximum of $5,000. Matching grants are paid upon completion of pre - approved, applicant -paid work. Under no circumstance will grant funds be disbursed for work completed before a Commitment Letter is provided. The amount of funding available for the 2014 program is $15,000; therefore, the City anticipates funding anywhere from three to five projects. Funds are limited, and grants are reviewed on a rolling basis. Applicants interested in participating in this year's program are encouraged to contact the City Planner, the program administrator, as soon as possible to begin the process. ELIGIBILITY Eligible work: Rehabilitation of building facades visible to the street, including: storefronts; signs and graphics; windows; exterior lighting; canopies and awnings; painting and masonry work; landscaping; and accessibility improvements. Ineligible work: Funds may not be used for improvements that are not permanent, mounted to the building, sidewalk, or parking lot. In addition, the following items are ineligible for funding: roofs; structural foundations; security systems; interior window coverings; vinyl awnings; personal property and equipment; sidewalks and paving (unless removing paving to install permanent landscaping). In addition, funds may not be used for structures which are non - conforming to current ordinances (for example a sign which exceeds the allowable height or area), unless the funds are used to bring the structure into conformance. Eligible participants include property owners and business lessees (with written authorization of the property owner), located in the following zone districts: Townsite Historic, Central Commercial, General Commercial, Limited Commercial and Central Mixed Use. Please contact the Planning Department to determine if your property is eligible. 2014 f [ i ' �_ �i� _ _� '7o,.i r,n- April 10, 2014 Page 115 of 125 Page 12 Ineligible participants: - Properties primarily in residential use (ex. apartments or condominiums); - Structures not facing or visible from the right -of -way; Government offices and agencies (non - governmental tenants are eligible); - New construction, less than 5 years old. APPLICATION AND SELECTION The first step is to submit an application form to the Planning Department. The form requires a short project description and rough cost estimate of the work you plan to do. The City will select projects that will provide the greatest public benefit to the community, as determined by a selection committee. The City of Kenai reserves the right to prioritize projects and reject applications. To select and prioritize projects, the selection committee may consider any of the following factors: - Creative value of the project; - Current condition of the building/fagade; - Code compliance issues; - Feasibility of implementing applicant's goals within the specified budget and timeframe; Visibility of the proposed improvements. The program administrator will notify you whether your project was selected for funding. If selected, you will solicit contractor bids, and sign a 'Letter of Commitment,' as noted below. BIDDING The City of Kenai requires that you get one bid for each type of work you are doing. All contractors must be licensed by the State of Alaska, and all construction contracts will be between the applicant and contractor. Owner labor will not be reimbursed under the program. LETTER OF COMMITMENT The next step is to submit all contractor bids to the City for final review. The contractor bids will be considered by the City in determining the final funding amount for the project. The City will then draft up a 'Commitment Letter,' which will outline additional terms and conditions of the matching grant, and will serve as the legal commitment of both parties as to the scope and quality of work, and the amount of funds committed. The Commitment letter will also set a deadline for the project to be completed by, as agreed to by the applicant and City. BUILD IT After the Commitment Letter is signed by the City and applicant, proceed with construction of your project. Please retain all invoices and material receipts during the project, as you will need these later when you request reimbursement. Please also remember that only those improvements outlined in the Commitment Letter are eligible for reimbursement, so it will be f l cna 201 e ai 11 e. -; 1, April 10, 2014 Page 116 of 125 Page )3 your responsibility to keep sufficient records, if needed, to separate out work which you may have completed at the same time, but which was not connected to the grant. REIMBURSEMENT OF FUNDS Prior to reimbursement of funds, City staff will review all completed work for compliance with the Commitment Letter. The City will verify receipts and invoices, and will issue a reimbursement check to the owner for the amount indicated in the agreement, or 50% of the actual project cost (if less than the amount indicated in the agreement). The City of Kenai has the authority to determine eligibility of proposed work and confirmation of completed work. Certain work may be required or precluded as a condition of funding. Participants will be responsible for obtaining necessary regulatory approvals, including those of the Planning and Zoning or Building Departments when applicable. All work must comply with city, state, and federal regulations. GENERAL CONDITIONS The following general conditions apply to all projects: Improvements funded by the grant shall be maintained in good order for a period of at least five (5) years; graffiti and vandalism will be dutifully repaired by the applicant during this time period. Borough property and sales tax must be current, and participants shall have no debts in arrears to the City when the Commitment Letter is issued. Eligible properties qualify for a maximum of $5,000. You may apply more than once as long as the building doesn't exceed the maximum grant amount in a 5 -year period. If a property is sold and the new owner wishes to apply for the grant, the five -year time frame still applies. The five -year time frame begins at the date the improvements are completed. The applicant must complete, sign and submit a W -9 in order for disbursement of funds. TAX INFORMATION You are urged to consult your tax advisor concerning the taxability of grants. The City of Ken a i is not responsible for any taxes that may be imposed as a result of your receipt of this grant payment (directly or indirectly). Grants may be reported on IRS Form 1099. The City requires that you complete and return a Form W -9 (Request for Taxpayer ID Number and Certification) prior to being reimbursed. For more information, please contact: The City Planner at (907) 283 -8235 The City of Kenai reserves the right to make minor exceptions to the program guidelines. Application forms are available at the City Hall or at http://www.ci.Kenai.ak.us/storefront.htmi. April 10, 2014 Page 117 of 125 KENAI BUSINESS IMPROVEMENT PROGRAM City of Kenai 210 Fidalgo Ave. 2014 APPLICATION K e n a i, AK 99611 907.283.8235 www.ci.kenai.ak.us Please return completed application to the Planning Department Applicant Information Applicant Name: Property Owner Name: Mailing Address: Mailing Address: Phone Number: Phone Number: Email: Email: Name of business to be improved: Address of property to be improved: Business Improvements Describe the improvements you plan to make to your business, and why you are seeking City funds for the project: Are you planning additional improvements to the property, which you will not seek reimbursement for through this grant? If so, please describe the total scope of work. Estimated cost of the business improvements: Estimated cost of other work (if applicable): Projected start date: 4/10/2014 P Estimated completion date: Page 118 of 125 Total $ Checklist. Please attach the following: • Photos of your building, clearly showing all areas that will be improved. • An illustration of the work you would like to do. Any of the following are acceptable: o A hand drawn sketch of the front of your building (does not have to be to scale) • A printed -out digital picture with written notes • A photo with notes attached • An architect's rendering • Any other attachments you feel would help describe your project goals. Certification by Applicant. 1 certify: 1. All information in this application, and all information furnished in support of this application, is given for the purpose of obtaining up to a 50% reimbursement grant for improvements to the exterior of a business and is true and complete to the best of my knowledge and belief. 2. The business and property owner(s) are current with all City obligations, including taxes, licenses, water revenue billings, etc. 3. 1 have read and will comply with the requirements outlined in the Business Improvement Program Guidelines. 4. 1 understand that the City of Kenai must approve the proposed exterior improvements in order to be eligible for grant reimbursement funding. Certain changes or modifications may be required prior to final approval. A Commitment of Funds Letter will not be processed prior to the City's receipt and approval of necessary bids for the approved work. Any work commenced prior to a Commitment Letter being issued will not be eligible for reimbursement, and any work deviating from the approved work must be pre- opproved by the City in order for the work to be eligible for reimbursement. Applicant Signature Print Name Date Property Owner Signature Print Name Date (if other than Applicant) Please return your completed application to the Planning Department /10/2014 City of Kenai Planning Department Phone: 907-283-8235 Email: fkrizmanich @ d.kenai.ak.us Page 119 of 125 To: Rick Koch, City Manager FINANCE DEPARTMENT MID -MONTH REPORT I. l ' From: Terry Eubank, Finance Director Date: June 12, 2014 Re: Monthly Report June 2014 With the passage of the FY15 Budget at the June 4'h Council Meeting the department has been making changes and compiling the document for printing. The document is expected to be available for distribution next week. The Department's focus will now be switching to closing FY14 and completion of the City's Comprehensive Annual Financial Report. This process includes closing of the FY14 financial records, fiscal year end grant reporting and finally financial statement preparation. The annual audit is scheduled for the week of October 6(h. The 2014 Personal Use Fishery is quickly approaching and we will be working with the Park's Department to train our seasonal help to work in the dipnet shacks. We have been working closely with our software programmer to update the shack attendant software for the newly adopted rate structure and make some other software enhancements which will improve efficiency and provide more data for analyzing the fishery's revenue production. The department is also working hard to assure a smooth transition from United Health Care to PREMERA Blue Cross Blue Shield of Alaska for employees. Coverage with United Health Care ends June 301h and coverage with PREMERA Blue Cross Blue Shield of Alaska will commence on July l't. Page 120 of 125 KENAI COMMUNITY LIBRARY MID -MONTH REPORT Me city of JUNE 2014 Circulation Adult Fiction 1,395 Internet Access 1,423 Adult Non - Fiction 1,318 Downloadable Audio 536 Young Adult Fiction 247 Video 10 Periodicals 92 Room Booking 152 Juvenile Fiction 522 Music 139 Juvenile Non - Fiction 213 DVDs 2,374 Easy Fiction 1,072 Audio books 125 Easy Non - Fiction 164 Miscellaneous 263 Interlibrary Loan 28 Computer Programs 3 Total Print 5,051 Total Non -Print 4,489 Total Circulation 9,523 In -House circulation 437 Library Door Count....... 7,946 Downloadable Audio 536 Freegal Music 175 Downloadable EBooks 632 In May we had 3 volunteers who put in a total of more than 12 hours. There were 14 Children's programs with 203 total in attendance and 11 adult programs with 72 participants. Inter Library Loan logged 22 orders with 30 items received, 29 returned and 39 items lent by our library to other institutions. Income Fines MAY $ 868.09 Xerox 103.50 Lost/Damaged 81.94 Test Proctoring Fee 80.00 Printing 374.25 Other 5.00 Total income $1,512.78 Library Cards Issued May Clam Gulch I Kasilof 2 Kenai 41 Nikiski 16 Non Resident 18 Soldotna 7 Sterling 1 Other Peninsula 9 Organization & Other 8 Total 103 The Library Director will attend the American Library Association annual conference from June 25 — July 1. Mary White will be acting director. The Summer Reading program is up and running. This year's theme is Fizz, Boom, Read! We eagerly anticipating a performance of Sleeping Beauty by Stevens Puppets on June 14 at 11 am. This was a packed event last year. Page 121 of 125 the n #af Zl KENAI SKA PARKS & RECREATION MID -MONTH REPORT June 2014 Our temporary staff have been settling in. First week comprised mostly of training and familiarization with locations and procedures. Most work accomplished included clearing mowing areas of rocks and debris, finalizing placement of trash receptacles and working on ball fields. Community garden plots were prepped in advance of Memorial Day. The volunteer plant day was held Saturday, June 7th. Attendance was good with approximately three quarter of the beds planted. The circle planters were planted June 5" and 6`h. The flower boxes will be ready the week of June gch for placement. The Golden Wheel Amusement was in town for a few days toward the end of May and early June. No issues to my knowledge. Dumpsters are in place off Kulila PI. for the neighborhood cleanup efforts. A full load was removed Monday morning after the first weekend. Crews also removed trash and debris off Cottage Circle. Park shelters have been extremely busy to date with lots of reservations, including a couple weddings in various areas. The Lawton Dr. hill gets hydro- seeded Thursday, June 12th The skate park had graffiti last week causing the department to re- paint. The area is closed until further notice. Page 122 of 125 JIX�, the of To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: June 10, 2014 Total Mav Meal Count 2014 Served: Total Congregate Meals Served: 1,141 Total Home Meals Served: 2,291 Total May Meal Count 2013 Served: Total Congregate Meals Served: 1,134 Total Home Meals Served: 2,336 2014 Transportation for Mav: Unassisted Transportation: 388 Assisted Transportation: 269 2013 Assisted Transportation for Mav: Unassisted Transportation: 308 KENAI SENIOR CENTER June 2014 REPORT Assisted Transportation: 240 May Rentals: 1 Volunteer Hours: 449 hours Admin. Assistant had 27 appointments for various senior issues. During the month of May: 36 seniors participated in 12 weight resistant classes, 7 seniors participated in 12 aerobics class, 9 seniors participated 9 Tai Chi classes, 5 seniors participated in 9 Golden Zumba classes, 31 seniors had their blood pressure checked times of which 3 seniors were tracking blood pressure at a doctor's request. The volunteer nurse has received one thank you note from a doctor for recording blood pressures for his patient. 9 seniors participated in the bell ringing group 4 times. They entertained at Forget -Me -Not and Heritage. 8 senior women participated 7 times in line dancing. 5 participated in 3 Spanish classes, 13 seniors enjoyed "dog" therapy 3 times, 9 seniors attended 3 computer classes, 14 seniors participated in bridge 4 times, 15 seniors played pinochle 8 times, 12 seniors participated in 4 domino tournaments, 2 seniors played pool 19 times during the month of May, 47 seniors attended 4evening blue grass events, 7 seniors traveled to Homer for the day and visited the museum and had lunch, 3 senior women participated in 5 knitting classes, 4 participated 5 times in a Tripoly game, 2 seniors played scrabble 5 times this month, 3 seniors enjoyed clay ceramics class and one senior is doing a sculpture, 6 seniors participated in the Kenai Clean -Up Day, and 72 seniors have come for morning coffee 21 times this month. Special Mother's Day Events were enjoyed by 100 seniors, 60 seniors participated in a special Friday before Memorial Day Service at the senior center honoring past servicemen and women. We begin a new quarterly "Old Movie Night" event. There were 8 seniors that enjoyed, with a full screen, the movie, "Singing in the Rain" Hopefully in the fall and winter months we can entice more seniors to participate. The next movie will be a John Wayne. Page 123 of 125 [PAGE LEFT BLANK INTENTIONALLY] Page 124 of 125 K § ( \ § § \k } ( [ / 2 6 w � o LU / k } ) �2 \ E 0 ) z ) ) \ ° ) = m § m B / § / k ) k & ) § ) § § ) j \ ) ( / \ / ( ~ ° ° j \ § & \ * # m \ - g # « \ \ } ) / g b / g ) ( / g / o \ § & \ 2 2 ) § / \ [ j ( [ / ( ( § z \ / 2 / 7 ± ± ° ± E u b# u 0- # y 6 3 L E >> E A(>± A± 7 5@ R 7ƒ k> 2 ( / » ( \ { U) \ k w § a \ § E \ E } \ [ [ \ \ [ j ) } z } § B k &)\ Qf° E y 2 » j( a o w 4( R< F m ($± G w) k z a CO ( ) E § & U) w k b° g / 3 \ o j \ \ ^ LLJ m [ CO ) a ) \ LL ) Ofw \ \ \ ° > § I / 7 ) \ > / _ f , / } \ ~ / ! $ / ) ( } > ° ® [ } S ƒ m » / & ) 2 \ } j ) ) § / _ § \ ± §} [ z± [ \ / a\} \ 3 > w 4)\ E O± e / ° o 3 n - )§ c 2± » [ w y 2 M E / 7 » ( } % w g } 2§) } ) § \ / \ \ \ ( \ \ / / \ e \ \ k ( ) 3 $ m \ ) CO \ ) \ / } \ } / / / } \ ( CO ) ) \ } 0 § \ } \ ( ( \ ( \ \ m &9125 a,6 NOTICE OF PUBLIC HEARING JUNE 18, 2014 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. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. 2. Ordinance No. 2762 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. 3. Ordinance No. 2763 -2014 — Appropriating Reimbursement Funds Received for Support of Funny River Fire Suppression Efforts. • Substitute Ordinance No. 2763 -2014 4. Ordinance No. 2764 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts Providing 2013 and 2014 Summer Ice Sessions at the Kenai Multipurpose Facility. 5. Ordinance No. 2765 -2014 — Accepting and Appropriations Federal /State Emergency Management Grants for the Response and Recovery from the 2013 October Kenai Peninsula Borough Flood. 6. Ordinance No. 2766 -2014 — Authorizing a Budget Transfer within the General Fund and Appropriating Funds in the New City Shop Capital Project Fund. 7. Resolution No. 2014 -41 — Authorizing the City Manager to Enter into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. 8. Resolution No. 2014 -42 — Authorizing a Budget Transfer within the General Fund — Police Department for Leave in Excess of Budgeted Amounts. 9. Resolution No. 2014 -43 — Authorizing A Budget Transfer within The Water & Sewer Fund For Leave, Overtime, And Communications In Excess Of Budgeted Amounts. 10. Resolution No. 2014 -44 — Authorizing a Budget Transfer within the Water & Sewer Fund for Expenditures in Excess of Budgeted Amounts due to an Error in Formation of the FY2014 Operating Budget. 11. Resolution No. 2014 -45 — Authorizing a Budget Transfer within the Senior Citizen Fund for Expenditures in Excess of Budgeted Amounts. 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 ed, subject to legal limitations, ordinances and /or resolutions may be amended by the Co�cii i r on without further public notice. Sandra Mo igh M itJ Oerk Posted: Jun 2014 COUNCIL PACKET DISTRIBUTION MAKE 14 PACKETS Council Meeting Date: June 18, 2014 Mayor / Libra ry Clerk Gabriel Fire Department Deputy Clerk Boyle Mellish Hall Binder Navarre v`/ Parks & Recreation , Schmidt City Attorney City Manager �•' ELECTRONIC COPY NOTICE Send out notice to Council and All with link to the Agenda & Council Packet DELIVER Council packets to Police Department Dispatch Desk. Mellish & Schmidt pick up their packets in the Clerk's Office. IMPORTANT REASONS TO SUPPORT A BED TAX FOR THE KENAI TOURISM GROWS. SOU BENEFIT. THE KENAI PENINSULA WINS. ANCHORAGE BED TAX 120 ► AVERAGE NATIONAL BED TAX 13.730 a w c, PROPOSED %'4i KPB BED TAX �►�y 4% THE KENAI PENINSULA BOROUGH ASSEMBLY HAS AN ORDINANCE BEFORE IT TO PUT A PROPOSED ACCOMMODATIONS, OR "BED TAX ", ON THE BALLOT IN OCTOBER'S GENERAL ELECTION. HERE IS WHY A BED TAX MAKES SENSE FOR THE KENAI'S FUTURE... FUNDING FOR CITIES: Saldatna Seward - $184,726 $458,642 " Cities that nave a bed tax In plere eyual to 4% .111 In able tp apit-out of the apa Beat Tax. Homer $454,068 eenal $266,600 Seltluvia $3,171 TOTAL $1,062,145 Abed tax would help The Kenai attract more tourism revenue to our area. More tourism represents more money for borough businesses, more tourism - related jobs, and more money in sales tax revenue which lowers the tax burden on residents. Only the people who stay in a Kenai Peninsula accommodation would pay the tax. Many of the people who will be impacted by collecting the tax - Kenai Peninsula accommodation owners and managers, are it's most enthusiastic supporters. f Kenai Peninsula tourism is very positive forjobs and the economic health of our community. Y If approved, The Kenai's Bed Tax would still be among the lowest in Alaska, and far below the national average. Revenue from the bed tax would replace the borough's current Investment In marketing, Immediately returning $300,000 to the general fund, and generating over $265 thousand on top of that amount for schools, for a give back of over half a million dollars to the borough. 4% BED TAX BOROUGH WIDE = 2.4 MILLION* 33% BOROUGH MARKETING 'SS,V62013 KPB Tnwbie ACCmmWaaors Sales Dam 56 110 RETURNED TO CITIES $1,367,194 11 10 USEO FOR SCHOOL FU OWS TOURISM PAYS ON THE KENAI. 1 iN 13 ALASK&JOBS IS IN TO ISM 25% .p OF KPB SALES TAX COMES FROM VISITORS WHAT IS A DESTINATION MARKETING ORGANIZATION? Destination marketing organizations (DMOs) are organizations charged with representing a specific destination or region and helping the long -term development of communities through a travel and tourism strategy. Every state and most counties and cities have a Desti- nation Marketing Organization to promote their area to attract new business. DMOs are funded through a com- bination of occupancy taxes, membership dues, improve- ment districts and government resources. OMO'S GO TO WORK FOR YOUR BENEFIT Revenues /Expenses: Destinations' investment in their DMOs continues to grow at strong, sustainable levels. 2013 saw the average DMO budget breaking the US $3.0 million mark, a 3% increase over 2012. • Public Investment grew 4% to US $2.4 million. Private funding remained flat at $356,000. • More than three - fourths (79 %) receive public Investment in the form of hotel taxes, averaging WHAT DOES TOURISM MEAN FOR YOU? Each U.S. household would pay 51,000 more in taxes without the revenue generated by travel and tourism. 40 ' 0. Maul, HI-9.25% BED TAXES IN TOP c ► Lake Tahoe, CA -13 /o VISITOR DESTINATIONS ► Las Vegas, NV -12% L► Portland, OR -11.5% S Kenai Peninsula residents pay bed tax virtually anywhere we travel. Isn't it time we asked our visitors to do the same for us? ALASKA SALES AND BED TAXES Destination Sales Tax Bed Tax Total Anchorage 12 12 Cordova 6 6 Fairbanks 8 8 Haines 4 4 Homer 7.5 7.5 Juneau 12 12 Kenai 61 0 6 Ketchikan 6.5 6.5 Kodiak 10 10 Mat -Su Borough 5 5 Palmer 3 5 8 Seldovia 7.5 7.5 Seward 7 4 11 Sitka 1 12 12 Soldotna 61 11 6 Unalaska /Dutch Harbor 31 5 8 Wasilla 2.51 51 7.5 AVERAGE AMOUNT SPENT BY A VISITOR TO ALASKA 75% of all DMO revenue. • In terms of private investment, 42% receive membership dues while 35% report partnership revenue. Other top private sources include: print and cooperative advertising programs, donated services, corporate sponsorships, event hosting and publication sales. $941 WHY ARE TOURISM AND MEETINGS IMPORTANT? Visitor spending is critical for Alaska. The average visitor spends nearly Travel and tourism is one of the largest and fastest -grow- a thousand dollars in Alaska, on top of their airfare or cruise. Visitors ing economic sectors in the world. In the Kenai Penin- spend their outside dollars in Alaska on everything from dining and sula Borough, visitors contribute 25% of our sales tax hotels to shopping and tours. These visitor dollars strengthen the revenue. This is new money coming into our economy, local economy, allowing a whole host of businesses to stay open year - offsetting the amount of taxes locals pay. round, offer longer hours and develop new products and services KENAI PENINSULA TOURISM MARKETING COUNCIL 907. 262.5229 SHANON @KENAIPEMNSULA.ORG 35571 KENAI SPUR HWY., SOLOOTNA, AK 99669 COUNCIL APPEARANCE REQUEST Office of the City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283 -8231 Fax: (907) 283 -5068 Email: smodigh @ci.kenai.ak.us NAME: Shanon Hamrick Mailing Address: 35571 Kenai Spur Hwy. Soldotna, AK 99669 Residence Address: Same Daytime Phone: 907 - 262 -5229 Brief Description of Topic: Preferred meeting date: Kenai Peninsula Borough Bed Tax Initiative June 18, 2014 Providing written statement/ material for inclusion in the council packet is encouraged. Deadline for submittal is normally Wednesday, Noon, the week prior to the council meeting (unless a holiday changes the packet preparation day). Will electronic equipment be used for your presentation? Will you provide personal equipment? Yes Just a jump drive with the presentation. Will City equipment be needed? x Projector x Laptop *Setup of electronic equipment MUST BE completed before 5:00 p.m. of the council meeting day. Contact City Clerk for appointment (283- 82313, Date: May 23, 2014 7 Digitally signed by Shanon Hamrick ON: cn= Shanon Hamrick o= KPTMC, m , /��� mail= ahamm @kenaipeninmla.org,c =US Signature: .� !/�01��n_ dNLlIO ' Date: 20,4.05.23 „30:,2 -06.00 Received by City Clerk: Date Time REQUEST FOR COUNCIL MEETING PLACEMENT "PERSONS SCHEDULED TO BE HEARD" Any member of the public may request an item be placed on the agenda for a regular council meeting under "Persons Scheduled to be Heard," and will be permitted ten (10) minutes to address the Kenai City Council. The request shall be made to the City Clerk, on the prescribed form (attached), a minimum of eight (8) days in advance of the council meeting. Topics that may not be addressed are as follows: • Items scheduled for public hearing on the agenda. Personnel matters. • Items upon which litigation involving the person or his /her representative and the City is currently pending.