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HomeMy WebLinkAbout2014-07-02 Council PacketNOTICE OF PUBLIC HEARING JULY 2, 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. [Clerk's Note: Ordinance was postponed from the June 18" meeting; motion to approve is on the floor.] 2. 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. 3. Ordinance No. 2768 -2014 — Appropriating Funds in the Multi- Purpose Facility Capital Project Fund. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Ordinance No. 2777 -2014 — Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program. 11. 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. 12. 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. 13. Resolution No. 2014 -46 — Retroactively Authorizing the City Manager to Renew the City's Insurance Coverage with Alaska Public Entity insurance (APEI) to Commence July 1, 2014 and End June 30, 2015 and Sign a Letter of Commitment for Coverage for the Period of July 1, 2014 through June 30, 2014. 14. Resolution No. 2014 -47 — Approving the Purchase of One Police Vehicle through State of Alaska Equipment Fleet Contract Pricing Contract. 15. Resolution No. 2014 -48 — Awarding an Agreement for Design of Wastewater Treatment Plant Improvements 2014. 16. Resolution No. 2014 -49 — Awarding an Agreement for Construction of Automated Flight Service Station Phase Two Restroom Improvements 2014. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by e `�nI c'I pr'or�o adoption without further public notice. Sanq ulo//digh, C ( City Clerk Posted: June 27, 2014 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING JULY 2, 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) 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 AS AMENDED TO AUGUST 201. 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. [Clerk's Note: Ordinance was postponed from the June 18'" meeting; motion to approve is on the floor.] 2. ENACTED UNANIMOUSLY. 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. 3. ENACTED UNANIMOUSLY. Ordinance No. 2768 -2014 — Appropriating Funds in the Multi- Purpose Facility Capital Project Fund. 4. ENACTED UNANIMOUSLY. 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. 5. ENACTED UNANIMOUSLY. 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. 6. ENACTED UNANIMOUSLY. 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. 7. ENACTED UNANIMOUSLY. 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. 8. ENACTED UNANIMOUSLY. 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. 9. ENACTED UNANIMOUSLY. 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. 10. ENACTED UNANIMOUSLY. Ordinance No. 2777 -2014 — Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program. 11. ENACTED UNANIMOUSLY. 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. 12. ENACTED UNANIMOUSLY. 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. 13. ADOPTED UNANIMOUSLY. Resolution No. 2014 -46 — Retroactively Authorizing the City Manager to Renew the City's Insurance Coverage with Alaska Public Entity insurance (APEI) to Commence July 1, 2014 and End June 30, 2015 and Sign a Letter of Commitment for Coverage for the Period of July 1, 2014 through June 30, 2017. Kenai City Council Meeting Page 2 of 4 July 2, 2014 14. ADOPTED UNANIMOUSLY. Resolution No. 2014 -47 — Approving the Purchase of One Police Vehicle through State of Alaska Equipment Fleet Contract Pricing Contract. 15. ADOPTED UNANIMOUSLY. Resolution No. 2014 -48 — Awarding an Agreement for Design of Wastewater Treatment Plant Improvements 2014. 16. ADOPTED UNANIMOUSLY. Resolution No. 2014 -49 — Awarding an Agreement for Construction of Automated Flight Service Station Phase Two Restroom Improvements 2014. E. MINUTES APPROVED BY CONSENT AGENDA. "Regular Meeting of June 18, 2014 UNFINISHED BUSINESS — None. 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. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 161. "Ordinance No. 2780 -2014 — Amending KMC 12.40.010- Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 161. "Ordinance No. 2781 -2014 — Amending KMC 1.85.050 - Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information. 5. DIRECTION PROVIDED TO ADMINISTRATION. Discussion /Action — Council Direction for Compliance of Section 4.3 - Official Bonds of the Kenai Municipal Charter. 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 Kenai City Council Meeting Page 3 of 4 July 2, 2014 8. Mini -Grant Steering Committee REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. 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 INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Correspondence from the State of Alaska DCCED, Advising of City of Kenai's Appropriated Fy2015 Designated Legislative Grants. 3. Jim Beeson's Resignation from the Parks & recreation Commission and the Mini - Grant Steering Committee. 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. Kenai City Council Meeting Page 4 of 4 July 2, 2014 JULY 2, 2014 CITY COUNCIL MEETING REQUESTED ADDITIONS TO THE PACKET: ADD TO D.1 Ordinance No. 2761 -2014 Memorandum REQUESTED BY: City Manager "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 III I II 1992 MEMO: TO: City Council FROM: Rick Koch DATE: July 2, 2014 SUBJECT: Ordinance Number 2761 -2014, Amending the Kenai Municipal Code, Title 23 "Personnel Regulations" The purp[ose of this correspondence is to request that the City Council postpone consideration of this proposed ordinance until the August 20, 2014 Council meeting. I have questions regarding some of the provisions contained in this ordinance and respectfully request a postponement so that I can work with the attorney and personnel specialist to address those issues. It may be that a substitute ordinance which encompasses a broader range of amendments and changes to Title 23 is the result. Thank you for your attention in this matter. AGENDA KENAI CITY COUNCIL — REGULAR MEETING JULY 2, 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) 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) 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. [Clerk's Note: Ordinance was postponed from the June 18rh meeting; motion to approve is on the floor.] ........... ............................... Pg. 5 2. Ordinance No. 2767 -2014 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled 'Pay Plan" to Include, the Fiscal Year 2015 Operating Budget PaySchedules ......................................................... ............................Pg. 19 3. Ordinance No. 2768 -2014 — Appropriating Funds in the Multi- Purpose Facility Capital Project Fund ................................... ............................Pg. 23 4. 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. 25 5. 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. 29 6. 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. 33 7. 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 .................................................. ............................Pg. 37 8. 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. 41 9. 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. 45 10. Ordinance No. 2777 -2014 — Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program . ............................................................................ Pg. 49 11. 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. 53 12. 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. 57 13. Resolution No. 201446 — Retroactively Authorizing the City Manager to Renew the City's Insurance Coverage with Alaska Public Entity insurance (APEI) to Commence July 1, 2014 and End June 30, 2015 and Sign a Letter of Commitment for Coverage for the Period of July 1, 2014 through June 30, 2014 . .................................................................................................. Pg. 61 Kenai City Council Meeting Page 2 of 4 July 2, 2014 14. Resolution No. 2014 -47 — Approving the Purchase of One Police Vehicle through State of Alaska Equipment Fleet Contract Pricing Contract ...Pg. 65 15. Resolution No. 2014 -48 — Awarding an Agreement for Design of Wastewater Treatment Plant Improvements 2014 .. ............................Pg. 67 16. Resolution No. 2014 -49 — Awarding an Agreement for Construction of Automated Flight Service Station Phase Two Restroom Improvements 2014. ............................................................................. ............................... Pg.71 E. MINUTES 1. *Regular Meeting of June 18, 2014 ......................... ............................... Pg. 73 F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified ................ ............................... Pg. 87 2. *Action /Approval — Purchase Orders Exceeding $15,000 .................. Pg. 89 3. *Ordinance No. 2780 -2014 — Amending KMC 12.40.010- Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco ................................ ............................... Pg. 93 4. *Ordinance No. 2781 -2014 — Amending KMC 1.85.050 - Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information ......................... Pg. 97 5. Discussion /Action — Council Direction for Compliance of Section 4.3 - Official Bonds of the Kenai Municipal Charter ..... ............................... Pg. 101 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 ...................... ............................... Pg. 103 7. Beautification Committee 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney Kenai City Council Meeting Page 3 of 4 July 2, 2014 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS 1. 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 20th 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........ Pg. 107 2. Correspondence from the State of Alaska DCCED, Advising of City of Kenai's Appropriated Fy2015 Designated Legislative Grants ............................... Pg. 108 3. Jim Beeson's Resignation from the Parks & recreation Commission and the Mini - Grant Steering Committee ........................................ ............................... Pg. 109 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us. Copies ofresolutions 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. Kenai City Council Meeting July 2, 2014 \\ J X\\ KENAI, ALASKA Suggested by: Administration CITY OF KENAI 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 Section 23.05.010 Employment - Qualifications, of the Kenai Municipal Code: That Kenai Municipal Code Section 23.05.010 Employment - 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, status, pregnancy, parenthood, or genetic information. It is a policy of the City to not discriminate against the qualified disabled in employment. New Text Underlined; [DELETED TEXT BRACKETED] Page 5 of 109 Ordinance No. 2761 -2014 Page 2 of 10 Section 3. Amendment of Section 23.05.070 (al and (rl uemnuons, c Municipal Code: That Kenai Municipal Code Section 23.05.070 (a) and (r) 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 mumcipai L:oa< 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 5. Amendment of Section 23 10 WU (al and IDI ZXempr. service, of uze nen u 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 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 6 of 109 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 employees (excluding sewer treatment plant and (2) Temporary employees: 1/2 1/2 1/2 New Text Underlined; (DELETED TEXT BRACKETED) Page 7 of 109 Ordinance No. 2761 -2014 Page 4 of 10 Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 1 1/2 Holiday 1 % (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 [HOLIDAY] 2 (5) Employees engaged in fire protection activities: Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 11/2 [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 8 of 109 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 23.30.0 10 (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 le) Business pours and nours 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 9 of 109 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 10 of 109 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. (1) 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 11 of 109 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 12 of 109 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 23.4U.WU Annual leave, of me venal . Code: That Kenai Municipal Code Section 23.40.030 Annual leave, is hereby 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 enyaeed 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. (i) 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 13 of 109 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)()DIje ) 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. (1) 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. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: June 4, 2014 Adopted: June 18, 2014 Effective: July 18, 2014 New Text Underlined; IDELE7ED Page 14 of 109 y °(/iliaye with a Past, C# wdk a fithwe" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.d.kenai.ak.us \ the cdy al V MEMO* 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 LNelotn 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 is a policy of the to not discriminate against the qualified disabled in 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 15 of 109 Ordinance No. 2761 -2014 Proposed Revisions to Kenai Municipal Code T @le 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 apply to Planning and Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40.100 and 23.40.110. 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 16 of 109 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 17 of 109 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 18 of 109 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; IDE.ETED TEXT Page 19 of 109 Ordinance No. 2767 -2014 Page 2 of 3 FISCAL YEAR 2015 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFIED EMPLOYEES EXCLUDING THOSE ENGAGED IN FIRE PROTECTION ACTIVITIES Range A B C D E F AA BB 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 21 11.81 12.11 12.40 12.70 12.99 13.29 13.58 13.68 14.17 2.2 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 22.67 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 43.56 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 FISCAL YEAR 2015 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES ENGAGED IN FIRE PROTECTION ACTIVITIES 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; IDELETED TEXT BRACKETED] Page 20 of 109 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 1.15.0700, 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 21 of 109 "Villa4e with a Past, City with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 v 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 22 of 109 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 $29 00 Increase Appropriations: Professional Services PASSED 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 Adopted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; fDELETED TEXT BRACKETED] Page 23 of 109 u "V llaye 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 24 of 109 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 FY20I S 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 Roadway Improvements Fund Increase Estimated Revenues: Transfer From General Fund $AQ.= Increase Appropriations: Construction $60.000 New Text Underlined: DELETED TEXT BRACKETED] Page 25 of 109 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 $ g 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 $95 Section 4: That estimated revenues and appropriations be increased as follows: Airport Improvements Capital Project Fund Increase Estimated Revenues: Transfer From Airport Fund $122 Increase Appropriations: Automated Flight Service Station Improvements $125.000 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; [DELETED TEXT BRACKETED] Page 26 of 109 "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 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 Airport Improvements Capital Project Fund for upgrades to the Automate Flight Service Station called for by the new lease with the Federal Aviation Administration. Passage of this Ordinance will allow each of these projects to proceed Page 27 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 28 of 109 Suggested by: Administration CITY OF KENAI ORDINANCE 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 $20000 Increase Appropriations: Professional Services $200.000 Section 4, That pursuant to KMC 1.15.070(1) this Ordinance shall take effect on July 2, 2014. Page 29 of 109 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 Cler✓k / / Approved by Finance: / - lam- PAT PORTER, MAYOR Introduced: June 18, 2014 Enacted: July 2, 2014 Effective: July 2, 2014 New Text Underluied; IDELETED TEXT BRACKETED Page 30 of 109 M "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 r To: Rick Koch, City Manager 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 31 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 32 of 109 M Suggested by: Administration CITY OF KENAI 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 Proiect Fund Increase Estimated Revenues: State Grants $l,2QQ.DQQ Increase Appropriations: Construction $1.900.000 Section 4. That pursuant to KMC 1.15.070(1) this Ordinance shall take effect on July 2, 2014. Page 33 of 109 Ordinance 2771 -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 34 of 109 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 ATo: 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 35 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 36 of 109 Suggested by: Administration CITY OF KENAI ORDINANCE 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 Project Fund Increase Estimated Revenues: State Grants $ Increase Appropriations: Construction Machinery & Equipment $190,000 60,000 $250,00Q Section 4. That pursuant to KMC 1. 15.070(0 this Ordinance shall take effect on July 2, 2014. Page 37 of 109 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 Cler�k� �` Approved by Finance: /- W r, PAT PORTER, MAYOR Introduced: June 18, 2014 Enacted: July 2, 2014 Effective: July 2, 2014 New Text Underlined; )DELETED TEXT BRACKETED) Page 38 of 109 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 MTo: Rick Koch, City Manager 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 39 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 40 of 109 Suggested by: Administration CITY OF KENAI ORDINANCE 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 Project Fund Increase Estimated Revenues: State Grants $1.900.000 Increase Appropriations: Construction $i&Q 00 Section 4. That pursuant to KMC 1.15.070(f) this Ordinance shall take effect on July 2, 2014. Page 41 of 109 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 /A 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 42 of 109 t 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 IV 1 To: Rick Koch, City Manager �1 From: Terry Eubank, Finance Director Date: June 10, 2014 Re: Ordinance 2773 -2014 The purpose 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 $1,900,000 grant. Page 43 of 109 [PAGE LEFT BLANK INTENTIONALLY) Page 44 of 109 Suggested by: Administration CITY OF KENAI ORDINANCE 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, WHERESA, 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 MUM Increase Appropriations: Equipment $ Section 4. That pursuant to KMC 1.15.070(1 this Ordinance shall take effect on July 2, 2014. Page 45 of 109 Ordinance 2774 -2014 Page 2 of 2 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. ATTEST: PAT PORTER, MAYOR 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 46 of 109 `Willa9e with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 v �v �To: Rick Koch, City Manager �lFront: 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 47 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 48 of 109 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 1.15.070(1), this ordinance shall take effect one month after adoption. New Text. Underlined: DELETED TEXT BRACKETED] Page 49 of 109 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 Test Underlined; [DELETED TEXT BRACKETED] Page 50 of 109 LW MEMO* TO: City Council "Village with a Past, C# with a Fidure" 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.d.kenai.ak.us Kenai land wms*+ar 11111r 2071 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 111. 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 51 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 52 of 109 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 IDELETED TEXT tiKAUMOr of Page 53 of 109 Ordinance No. 2778 -2014 Page 2 of 2 Section 2. Repeal and re- enactment of Section 2 40 020 of the Kenai Mi Code: That Kenai Municipal Code, Section 2.40.020 - Approval by Council, is repealed and re- enacted as follows: 2.40.020 Anrroyal 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. 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 54 of 109 Terry Bookey 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 55 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 56 of 109 CITY OF KENAI ORDINANCE 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 57 of 109 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 58 of 109 "Villa9e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 �IIII� 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 51h 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 51h 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" Court is already developed and its water service connection was accomplished in the same manner in which the owner of 1207 Sch Court is requesting. Thank you for your attention in this matter. Page 59 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 60 of 109 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -46 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RETROACTIVELY AUTHORIZING THE CITY MANAGER TO RENEW THE CITY'S INSURANCE COVERAGE WITH ALASKA PUBLIC ENTITY INSURANCE (APEI) TO COMMENCE JULY 1, 2014 AND END JUNE 30, 2015 AND SIGN A LETTER OF COMMITMENT FOR COVERAGE FOR THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2017. WHEREAS, the City has been a member of APEI since July 1, 2000 receiving competitive rates and quality insurance coverage for the City; and, WHEREAS, the City in the past has entered into a three year commitment with APEI for insurance coverage commencing July 1, 2011 and ending 2014 and will commit again for the period of July 1, 2014 through June 30, 2017; and, WHEREAS, the three year commitment with APEI entitles the City to a 3% annual discount, $17,917.54 for FY15, on renewal premiums; and, WHEREAS, as a long -term member of APEI the City receives annual premium renewal credits based upon APEI's prescribed member dividend program. The City's FY15 member dividend is $47,526.92 and is based upon the City's longevity with APEI and the City's excellent insurance loss history; and, WHEREAS, in addition to receiving a member dividend the City will also receive a premium credit of $40,559 for its loss control programs; and, WHEREAS, the APEI, three -year commitment allows the City to terminate the agreement should the City's net premium increase by more than 10% in any single year; and, WHEREAS, the 2014 renewal is $12,343.55 less than 2013 premiums, a 3.25% decrease, $11,643.79, 3.1 %, of the decrease is related to workers compensation and is likely due to legislative changes to the State's Workers' Compensation Statutes ; and, WHEREAS, the remaining decrease of $699.76, 0.04 %, is related to property and liability premiums and is down despite the addition of new facilities like the new City Shop; and, WHEREAS, based upon the high quality coverage, competitive premiums and credits totaling $106,003.46 for FY15 it is in the City's best interest to retain coverage with APEI for the City's insurance needs; and, WHEREAS, in order to insure insurance coverage for the City at FY15 budgeted j premium amounts, the City Manager renewed coverage effective July 1, 2014 and signed a three year commitment commencing July 1, 2014 through June 30, 2017 on June 26, 2014. Page 61 of 109 Resolution 2014 -46 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Council retroactively authorizes the City Manager to renew its coverage for FY2015 with APEI and enter into a new the three year commitment for coverage which commenced July 1, 2014 and ends June 30, 2017. 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 Page 62 of 109 "K1145e 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 / /�I'o: Rick Koch, City Manager 77/ From: Terry Eubank, Finance Director •^ Date: June 20, 2014 Re: Resolution No. 2014 -46 Annual Insurance Renewal. Each year the City goes through a process of renewing its insurance coverage's. The City has purchased its coverage for Alaska Public Entity Insurance (APEI) since July 1, 2000 and has always received quality insurance at competitive rates. As an insurance pool, APEI provides insurance coverage to its members. APEI has implemented a premium credit program to return excess equity to its members. Excess equity is created when insurance premiums are in excess of actual claims. APEI has determined its retained earnings are in excess of its needs and has instituted a rebate program to its members. The program rewards members for longevity with APEI and for a positive loss history. The credit is only available to entities that renew their coverage with APEI. The FY15 City credit will be $47,526.92 upon renewal. APEI provides a premium credit for active safety programs of its insured. The credit is for up to a 4.0% of the City's property insurance premium, 15% of the City's liability insurance premium, and 15% of the City's workers compensation premium, all credits are net of APEI's premiums for reinsurance. Reinsurance is coverage provided by other insurance companies for liability in excess of APEI self - retention. The City will receive the maximum for each insurance type in FY15 totaling $40,559.00. The loss control credit requires the City to establish and operate a safety committee and provide safety training for its employees. APEI also provides a 3% longevity premium credit to members who enter into a three year commitment for coverage with APEI. The FY15 longevity credit offered to the City is $17,917.54. The three -year agreement required to receive the credit allows the City to terminate the agreement at any time should the net premium for coverage increase by more than 10% from one fiscal year to the next. The FY15 total premium decreased 3.25%,$12,343.55 over FY14 premiums. $11,643.79, 3.10 %, of the decrease is related to workers compensation and is most likely due to legislative changes to State Workers' Compensation statutes in 2014. The remaining decrease of $699.76, 0.04 %, is related to property and liability premiums and is down despite the addition of new facilities like the new City Shop and other new City equipment. Page 63 of 109 Based upon the quality coverage, competitive rates, excellent service, and $106,003.46 in credits offered to the City for renewing it coverage, I recommend renewing coverage with APEI and committing to a new three year term for coverage for the period July 1, 2014 through June 30, 2017, Page 64 of 109 u Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -47 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE PURCHASE OF ONE POLICE VEHICLE THROUGH STATE OF ALASKA EQUIPMENT FLEET CONTRACT PRICING CONTRACT. WHEREAS, one Police cruiser was included in the approved FYI Police budget; and, WHEREAS, Kendall Ford in Wasilla is awarded the State of Alaska equipment fleet contract for the purchase of Ford Police Interceptors; and, WHEREAS, the Police Department requests to order /purchase one Police Ford Interceptor SUV at an estimated cost of $30,259; and, WHEREAS, KMC 7.15.050(1) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate; and, WHEREAS, in past years, the City of Kenai has purchased police vehicles through the State of Alaska equipment fleet contract. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Police Department is authorized to purchase one Ford Police Interceptor from Kendall Ford through State of Alaska equipment fleet contract pricing. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 7 PAT PORTER, MAYOR Page 65 of 109 Ullaye with a Past, iCi' y with a Future" Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 l whow Telephone: 907- 283 -7879 / FAX: 907 - 283 -2267 1992 MEMOO 114TO: Rick Koch — City Manager FROM: David Ross — Acting Police Chief DATE: 6124/14 SUBJECT: Purchase of Police Vehicles One police cruiser is budgeted for FYI 5. The State of Alaska has awarded the State equipment fleet contract for Ford Police Interceptors to Kendall Ford in Wasilla. In past years, the City of Kenai has purchased police vehicles through State of Alaska fleet pricing, to help ensure the City pays the lowest available cost for this equipment. The State of Alaska Contract Fleet Award is an inherently competitive process, allowing for Ford dealerships across the State to bid on Police Interceptors. Per INIC 7.15.050(1) equipment may be purchased without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate. I am requesting that the City of Kenai purchase one, 2015 Ford Police Interceptor SUV under the State of Alaska equipment fleet contract. The Kendall Ford price for the Police Interceptor SUV, per State of Alaska fleet contract award, is $29,015. This price includes the road ready package, reverse sensing, and driver's side spot lamp. In addition to the contract price for the vehicle, four additional wheels and air sensors will be purchased through Kendall Ford for an additional cost of $1244. After approval, the Kenai Police Department intends to order the vehicle on approximately Thursday, July 3, 2014. Suggested by: Administration W,ury'Y CITY OF KENAI KENAI, ALASKA RESOLUTION NO. 2014 -48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING AN AGREEMENT FOR DESIGN OF WASTEWATER TREATMENT PLANT IMPROVEMENTS 2014. WHEREAS, a proposal to provide professional services to design wastewater treatment plant improvements was requested and received from CH2MHill; and, WHEREAS, Administration has reviewed the proposal and finds it to be complete in scope and fair in value; and, WHEREAS, the deadline to submit a grant application to construct the improvements to be designed under this agreement is August 4, 2014; and, WHEREAS, having a portion of the design complete at the time of the grant application will result in a higher score and therefore an increased probability of grant award for the construction; and, WHEREAS, CH2MHiII has performed all of the major professional design and planning services for the wastewater treatment plant including but not limited to the original design, the wastewater facility financial plan in 2003, the wastewater facility master plan in 2004, pretreatment program technical memorandum in 2012, and the operations and maintenance manual updates in 2014; and, WHEREAS, as a result of their previous experience with the wastewater treatment plant, award to CH2MHW will result in a more financially efficient process and allow the City to provide the most developed design with the grant application; and, WHEREAS, KMC 7.15.050(e) allows for purchases without competitive bidding for professional services; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the agreement for the project entitled "DESIGN OF WASTEWATER TREATMENT PLANT IMPROVEMENTS 2014" be awarded to CH2MHi11 for the approximate amount of $200,000.00. Page 67 of 109 PASSED 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: I Contingent on approval of Ordinance 2770 -2014 New Text Underlined; [DELETED TEXT Page 68 of 109 "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 C� !_ Telephone: (907) 283 -7535, Ext. 236 /FAX: (907) 283 -3014 tlll�f 1997 �� MEMORANDUM KENAI, ALASKA TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director 5/� DATE: June 24, 2014 SUBJECT: Award of an agreement for the design of wastewater treatment plant improvements 2014 Rick, This memo is in support of a resolution awarding an agreement for the design of wastewater treatment plant (WWTP) improvements to CH2MHill for the approximate amount of $200,000.00. The scope of work includes a new belt filter press, headworks improvements including grinding, screening, cleaning, and compaction of cleanings, small bubble aeration with new adjustable frequency drives and controls, investigation and improvements to mitigate air leakage at the aeration basins and to the digester, cleaning the digester, and any building upgrades required to accommodate new equipment. The design will also include conducting a biosolids disposal alternative strategy session to review options for biosolids disposal. CH2MHill has performed all of the major professional design, technical research, and planning services for the WWTP including but not limited to: the original design, the financial plan in 2003, the WWTP master plan in 2004, a pretreatment program technical memorandum in 2012, and the operations and maintenance manual updates in 2014. They have extensive, intimate, and very current knowledge of the design and operation of our facility. As a result, award to CH21VlHill will result in a more financially efficient process and allow the City to provide the most developed design with the grant application, which is due only one month from the July 2n° meeting. KMC 7.15.050(e) allows for purchases without competitive bidding for professional services. Due to the aggressive schedule and the consultants experience I recommend this award. Thank you for your attention to this matter. Page 69 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 70 of 109 Suggested by: Administration CITY OF KENAI KBIM.ALASKA RESOLUTION NO. 2014 -49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING AN AGREEMENT FOR CONSTRUCTION OF AUTOMATED FLIGHT SERVICE STATION PHASE TWO RESTROOM IMPROVEMENTS 2014. WHEREAS, the following bids were received on June 9, 2014; Bidder Base Bid Additive Alternate 1 Add Alt 2 Total Polar North $49,964 $3,640 $12,300 $65,904 Construction Orion $56,000 $6,000 $18,000 $80,000 Construction and, WHEREAS, Polar North Construction LLC's is the lowest responsive bid; and, WHEREAS, the recommendation from City Administration is to award the contract to Polar North Construction LLC's for the base bid and both of the additive alternates one and two for the total approximate cost of $65,904.00; and, WHEREAS, award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the agreement for the project entitled "AUTOMATED FLIGHT SERVICE STATION PHASE TWO RESTROOM IMPROVEMENTS 2014" be awarded to Polar North Construction LLC for the approximate amount of $65,904. PASSED 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: Contingent on approval of Ordinance 2769 -2014 Page 71 of 109 "Villaye with a Past C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Rms Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tlll�l 1997 KKENUA A 17/ KA MEMORANDUM U MTO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director sh,%/ DATE: June 24, 2014 SUBJECT: Award of an agreement for the automated flight service station phase two restroom improvements 2014 Rick, This memo is in support of a resolution awarding an agreement for the automated flight service station phase two restroom improvements to Polar North Construction LLC for the approximate amount of $65,904.00. The base bid includes renovating the restrooms and bringing them into ADA compliance. Additive alternate one replaces the restroom water closets and urinals. Additive alternate two reconstructs sidewalks and associated ramps and signs to meet ADA requirements. I recommend this award. Thank you for your attention to this matter. Bidder Base Bid Additive Add Alt 2 Total Alternate 1 Polar North Construction $49,964 $3,640 $12,300 $65,904 Orion Construction $56,000 $6,000 $18,000 $80,000 Page 72 of 109 KENAI CITY COUNCIL — REGULAR MEETING JUNE 18, 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 18, 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 Ryan Marquis Robert Molloy Brian Gabriel Terry Bookey Tim Navarre comprising a quorum of the Council. Also in attendance were: Rich Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval Mayor Porter noted the following material was provided as a lay -down for inclusion in the packet: E.3 Minutes • June 4, 2014 Minutes J.1 City Manager Report • Correspondence from Representative Olson • Staff Reports Page 73 of 109 MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend the agenda by moving item L.1 to be placed as GA 7 and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE ON MAIN: 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. 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 Shannon Hamrick, Kenai Peninsula Tourism Marketing Council — Kenai Peninsula Borough Bed Tax Hamrick provided a presentation on the proposed Kenai Peninsula Borough Bed Tax. C. UNSCHEDULED PUBLIC COMMENTS Bob Myles, Kenai resident inquired as to why the Veteran's Memorial agenda item was placed on the agenda as an action item instead of as legislation which provides for public comment. Tom Barrack, Soldotna resident spoke in support of the Veteran's Memorial. Jim Fastler, Kenai resident spoke in favor of the Veteran's Memorial. City of Kenai Council Meeting Page 2 of 13 June 18, 2014 Page 74 of 109 Christine Hutchinson, Kenai resident spoke in opposition to the current Beaver Loop upgrades and in support of the Memorial. Roy Duncan, Kenai resident spoke in support of the Memorial and Veteran's. Jim Dimmery, Kenai resident spoke in favor of the City deeding the Memorial to the Legion. Dave Thompson, Kenai resident spoke in favor of the Memorial. D. PUBLIC HEARINGS 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2761 -2014 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2761 -2014 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Ordinance No. 2762 -2014 — Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2762 -2014 and 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 NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 3 of 13 June 18, 2014 Page 75 of 109 3. Ordinance No. 2763 -2014 — Appropriating Reimbursement Funds Received for Support of Funny River Fire Suppression Efforts. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2763 -2014 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend by substitute Ordinance No. 2763 -2014 and Council Member Bookey SECONDED the motion. Council Member Molloy thanked all that participated in the fire suppression. VOTE ON SUBSTITUTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. 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. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2764 -2014 and 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: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. City of Kenai Council Meeting Page 4 of 13 June 18, 2014 Page 76 of 109 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2765 -2014 and Council Member Gabriel 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. 6. Ordinance No. 2766 -2014 — Authorizing a Budget Transfer within the General Fund and Appropriating Funds in the New City Shop Capital Project Fund. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2766 -2014 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Mayor Porter reminded all of the Open House for the new City Shop on Saturday, June 21 st. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey NAY: MOTION PASSED UNANIMOUSLY. 7. Resolution No. 2014 -41 — Authorizing the City Manager to Enter into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. MOTION: City of Kenai Council Meeting Page 5 of 13 June 18, 2014 Page 77 of 109 Council Member Bookey MOVED to adopt Resolution No. 2014 -41 and requested 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 -42 —Authorizing a Budget Transfer within the General Fund — Police Department for Leave in Excess of Budgeted Amounts. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -42 and requested UNANIMOUS CONSENT. Council Member Gabriel 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. 9. Resolution No. 2014 -43 — Authorizing A Budget Transfer within The Water & Sewer Fund For Leave, Overtime, And Communications In Excess Of Budgeted Amounts. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -43 and requested UNANIMOUS CONSENT. Council Member Molloy 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. 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. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -44 and requested UNANIMOUS CONSENT. Council Member Gabriel 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 Page 6 of 13 June 18, 2014 Page 78 of 109 11. Resolution No. 2014 -45 — 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. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -45 and requested UNANIMOUS CONSENT. 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: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of June 4, 2014 Minutes were approved by the consent agenda F. UNFINISHED BUSINESS 1. Discussion /Action — Proposed Park at North Forest and 4'" Avenue. Council discussed the proposal provided in the packet for the green space and funding. Mayor Porter advised this year's efforts would be to create the green space and possible fencing. MOTION: Council Member Bookey MOVED to authorize an expenditure of up to $4,999 for the project outlined and proposed in the packet by the Mayor. Vice Mayor Marquis SECONDED the motion. VOTE: YEA: Porter, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: MOTION PASSED UNANIMOUSLY. 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. City of Kenai Council Meeting Page 7 of 13 June 18, 2014 Page 79 of 109 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. Approved by the consent agenda. 4. *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. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 5. *Ordinance No. 2768 -2014 — Appropriating Funds in the Multi- Purpose Facility Capital Project Fund. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 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. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. *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. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. *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. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 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 Capital Project Fund. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 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. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. City of Kenai Council Meeting Page 8 of 13 June 18, 2014 Page 80 of 109 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. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 12. *Ordinance No. 2777 -2014 — Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 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. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 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. Introduced by the consent agenda and public hearing scheduled on July 2, 2014. 15. Discussion /Action — Snow Sculptures. Mayor Porter and the City Manager advised the program to carve snow sculpture during winter months throughout town would be managed by the Rotary Club. Council concurred to have Administration work with the Club to move the program forward. 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)]. Council Member Bookey advised that the last time this topic was before Council, it was requested of the Attorney to conduct research and report back to Council. MOTION: Council Member Bookey MOVED to convene in 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)] and requested the City Manager, City Attorney, and City Clerk be present. Vice Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Page 9 of 13 June 18, 2014 Page 81 of 109 Council discussed limiting executive session on the matter. The Attorney recommended executive to provide specific feedback to Council and advised that the City was not involved in litigation, but that the City had been threatened with such. MOTION TO AMEND: Council Member Navarre MOVED to amend the motion by limiting the executive session to only include information provided by the City Attorney. Council Member Gabriel SECONDED the motion. VOTE ON AMENDMENT: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN: YEA: Bookey, Gabriel, Marquis, Molloy, Navarre NAY: Porter MOTION PASSED. Council entered into executive session at 8:00 p.m. and exited at 8:32 p.m. Upon reconvening in open session, Council Member Bookey advised that Council met in executive session and received information from the Attorney and that no action was taken. MOTION: Council Member Navarre MOVED to support the Veteran's Memorial as it sits in Leif Hanson Park and that we ask the State of Alaska to work with the City in supporting that move. Council Member Gabriel SECONDED the motion. Council Members Marquis and Bookey spoke in opposition to taking action at this time and in favor of keeping the matter at a City level. Council Member Navarre and Gabriel spoke in favor of supporting the monument. Council Member Molloy spoke in favor of a public process at the forefront and possible alternatives. VOTE: YEA: Porter, Gabriel, Molloy, Navarre NAY: Bookey, Marquis MOTION PASSED. City of Kenai Council Meeting Page 10 of 13 June 18, 2014 Page 82 of 109 17. EXECUTIVE SESSION -- 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)]. MOTION: Council Member Molloy MOVED to convene in executive session for 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)] and requested the City Manager and City Attorney be present. Council Member Gabriel SECONDED the motion. VOTE: YEA: Porter, Gabriel, Molloy, Navarre, Bookey, Marquis NAY: MOTION PASSED UNANIMOUSLY. Upon reconvening in open session Council Member Molloy advised that Council met with outside legal counsel and received an update on litigation concerning CINGSA's purchase of mineral rights. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — No report. 2. Airport Commission — Mayor Porter advised of changes to the Master Plan and a work session being held to review policies. 3. Harbor Commission — Mayor Porter reported on the June 91h meeting advising the City Manager attended the meeting to answer inquiries of the Commission. 4. Library Commission — No report. 5. Parks and Recreation Commission — Council Member Bookey advised the next meeting was June 19th. 6. Planning and Zoning Commission — No report. 7. Beautification Committee — No report. 8. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Porter reported the following: • Upcoming Industry Appreciation Day • Attended the Kenai Air Fair City of Kenai Council Meeting Page 11 of 13 June 18, 2014 Page 83 of 109 • Attended opening of the new furniture store • Attended HilCorp picnic • Started the races at Twin City Raceway • Attended the Dena'ina Wellness Center grand opening • Thanked Kenai police department handling the missing family • Visited lemonade stands • Largest ever attendance of coffee with the Mayor J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Ongoing community clean up • Kenai Business Improvement Program Administration was directed to bring forward a funding mechanism for the program. • Borough Bed Tax Ordinance • Attended dedication ceremony for the Russian Orthodox Church • Commended Kenai police department for interactions with other agencies • Beacons for no wake zones 2. City Attorney • Advised he would be out of the office for commercial fishing. 3. City Clerk • No report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Gabriel thanked the Mayor for attending the Airport Commission meeting and advised that he would need coverage for the next meeting also. Council Member Navarre advised he would be traveling for the Alaska Stand Alone Pipeline meeting and would provide a report at the next meeting. L. EXECUTIVE SESSION 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. [Cleric's Note: At its May 20th meeting, Council postponed this ordinance to the August 20`h meeting.] City of Kenai Council Meeting Page 12 of 13 June 18, 2014 Page 84 of 109 N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:03p.m. Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk * *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 Page 13 of 13 June 18, 2014 Page 85 of 109 [PAGE LEFT BLANK INTENTIONALLY] Page 86 of 109 a r O N N } � J M LL 0 C7 z W W I J 'U z D O U Page 87 of 1 C 9 G r CR V M GD z Z 17 (O W CO N W N V N w W J a o. U) c� Z w w (J m m J W J v ¢ ¢ a F- Q J J O Z W ~ K Q U) O (0 O U) O U) O U) 0 FK w o > > > > > w U Z W ¢ U' 2 !- g U (n W Z = J W U' U) 0 ¢ cn J Q D O (- W W W ¢ W W d S U LL W J W_ W J D] U) U) O V w co ¢ O J O O > w 09 ¢ W w IL Q Z ¢ z w W 0 U W J W W 0 Vy- 2 W, NII z Page 87 of 1 C 9 G [PAGE LEFT BLANK INTENTIONALLY] Page 88 of 109 / ( R § w j \ 0 2 F- , LL Co w00 m 5 ° 2 2 2° °� ° m G = 0 0 0 0§() m ) § w § § § § ) < § U) \ ) o $ < § m e = m / a # < < / < < < < G z 5\ 0 \< ( k 0 0 0 a 0< ± 0 S» s L ± ae p R° E R o o a 0. + ƒ) 2 S 2 /2 � �< 7 2 m M e o LL, o 0� g m � \ ¥ r© r« r r G m r r mƒ/§ /\ LL [[ @/ i 0 LL }§§ i e 0 A j \ 2 / / / / ° o 0 § [ ( _ ) / § § § ) ƒ a e= m E E E_ < e ] 5 m w \ \ < < < ) § ƒ % e§M 0 0 a < w 2 \ k , z \ / ( ( < z z g ) § o y < Z° § § z § § 0 Q 0 § \ \ ko m ) } k 0 0 I.- g / \ ) \ � � z j § § 0 ) § si co \ \ / ) § ) \ C) i \ z \ ] ° m :Q 3 z [ » 0 2 2 3 z § ± 0 ) 2 CL 2\ z § m 0 2 2 z ) ± 0 \ < § LL ) \ G ) < ~ ƒ \ 2 ( ) / } F z / } w \ e z § $ b \ z ; , } u } e z « $ ± \ e z , / E z o _ ( \ 0 / o / $ ) / \ e } f 0 < 0 ƒ } $ _ j 0 ( s » j ± j 0 § \ z » § z zi ) e } < § \ j a = $ ) § ƒ ± F- , LL Co w00 m 5 ° 2 2 2° °� ° m G = 0 0 0 0§() m ) § w § § § § ) < § U) \ ) o $ < § m e = m / a # < < / < < < < G z 5\ 0 \< ( k 0 0 0 a 0< ± 0 S» s L ± ae p R° E R o o a 0. + ƒ) 2 S 2 /2 � �< 7 2 m M e o LL, o 0� g m � \ ¥ r© r« r r G m r r mƒ/§ /\ LL [[ @/ i 0 LL }§§ i e 0 A j \ 2 / / / / ° o 0 § [ ( _ ) / § § § ) ƒ a e= m E E E_ < e ] 5 m w \ \ < < < ) § ƒ % e§M 0 0 a < w 2 \ k , z \ / ( ( < z z g ) § o y < Z° § § z § § 0 Q 0 § \ \ ko m ) } k 0 0 I.- g / \ ) \ � � z j § § 0 ) § si co \ \ / ) § ) \ C) i \ z \ ] "'Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIP 1997 MEMOO f Rick Koch, City Manager �km FROM: Robert J. Frates, Parks and Recreation Director DATE: June 26, 2014 SUBJECT: Portable Restrooms & Dumpster Rental and Service for Upcoming Personal Use Fishery Peninsula Pumping, Inc. is the only service provider with the ability to provide the rental, setup, and servicing of the portable restrooms and dumpster service on the north and south Kenai beaches. They have provided this same service in years past and have the necessary supplies, materials, and equipment to meet the City's requirements. It is my recommendation we continue using Peninsula Pumping, Inc. to provide the Portable restrooms & dumpster rental and servicing for the 2014 upcoming fishery. Materials and supplies that can be furnished only by a single dealer is allowable by code (7.15.050[b]). Page 90 of 109 OWA"Wla9e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 1 FAX: 907- 283 -3014 U Exemption From Formal Bid Request Date: ✓F a.:� Zo /y Requesting Department: pav5 �6t2E4ro Item to be purchased: Vendor Name: t eANG =Nc Quantity Available: Unit Price: AZ. C, 120. am Item to be Delivered by: w421 9 ZO /1/ Description: (Attach ! f_NTiM1C • c v ° o ttac adO1110nal aniwaa.n.n or rawmgs . app e NmP4- 7eQs'5Q 2k Zo/Y �iPA%EY �Ei43ad Make/Model: c aa�uona omu�onor mwmgs appica e 1Q6G fiOA 0,09,97ABrc�ES7*00A45 jad Justification for Exemption: aac a /nw��rtnanon /nee / v We llr.✓HE� ` S �OLfES r7AArE /S4� Q ✓icG hies C iTy CO D E ; 7. /S. b SIO C" Method Used to Assure Competitive Pricing: w- Approved fj Declined Fl - SIWAL6 City Manager: dl(j \ Date: " Page 91 of 109 '-f�Lrp [PAGE LEFT BLANK INTENTIONALLY] Page 92 of 109 CITY OF KENAI ORDINANCE NO. 2780 -2014 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.40.010- DEFINITIONS, TO INCLUDE AND REGULATE THE USE OF ELECTRONIC CIGARETTES AND THE SMOKING OF NON - TOBACCO PLANT BASED MATERIALS THE SAME AS THE CITY CURRENTLY REGULATES SMOKING TOBACCO. WHEREAS, Kenai Municipal Code Chapter 12.40 - Regulation of Smoking, currently regulates smoking tobacco products but does not specifically address use of electronic cigarettes or smoking other non - tobacco substances; and, WHEREAS, use of electronic cigarettes has noticeably increased recently; and, WHEREAS, the safety of electronic cigarettes and associated vapor to the user and third parties is disputed; and, WHEREAS, the US Food and Drug Administration is moving towards regulation of e- cigarettes, but does not currently regulate them; and, WHEREAS, the use of electronic cigarettes in restaurants and other places where cigarette smoking is currently prohibited can be concerning and distracting to other patrons; and, WHEREAS, many other municipalities across the country are regulating electronic cigarettes the same or similar to tobacco cigarettes; and, WHEREAS, it is important to protect the public that chooses not to ingest certain products from any substance, whether tobacco or other plant matter, that is exhaled and may be inhaled by third parties; and, WHEREAS, Alaskan voters will have the opportunity to vote on Ballot Measure 2 on November 4, 2014, An Act to Tax and Regulate the Production, Sale and Use of Marijuana, which may increase use of marijuana in public; and, WHEREAS, like the smoking of tobacco, passage of this Ordinance would prohibit use of electronic cigarettes and the smoking of other plant based matter, in and within specified distances of indoor eating establishments, bowling alleys, businesses and outdoor areas posted as no smoking, as well as healthcare facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that New Text Underlined; )DELETED TEXT BRACKETED) Page 93 of 109 Ordinance No. 2780 -2014 Page 2 of 3 Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 12.40.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 12.40.010 - Definitions, is hereby amended as follows: 12.40.010 Definitions. "Bar" means a premises licensed under AS 04.11.090 which does not employ any person under the age of twenty-one (21) and which does not serve any person under the age of twenty-one (21) unless accompanied by a parent or guardian, and where tobacco smoke cannot filter into any other area where smoking is prohibited through a passageway, ventilation system or other means. A "bar" does not include areas in an eating establishment where alcoholic beverages may be served. "Business" means any legal entity, whether for profit or not for profit, that provides goods or services, including, but not limited to, a sole proprietorship, partnership, limited liability company, corporation, trust, membership organization or similar entity. "Eating establishment" means any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria, fast food service and other establishments, including any bar area of any such establishment which is not an enclosed area, the primary purpose of which is to give or offer for sale food to the public and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as kitchens in which food is prepared. "Enclosed area" means a ventilated area so that air from a smoking area is not drawn into or across the nonsmoking area where all space between a floor and ceiling is enclosed on all sides by solid walls or windows, exclusive of doors or passage ways, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend between the floor and ceiling or are not solid. The doors of an enclosed area should remain closed whenever practicable. "Health care facility" means a business, office or institution that provides medical or mental health treatment. "Operator" means and includes the owner, proprietor, manager, lessee, lessor, licensee or any other person exercising control over any eating establishment, business or bar. "Smoking" means either Ill the burning, inhaling or exhaling of a tobacco or other plant based material or carrying any lighted pipe, cigar, cigarette or other combustible substance in any manner or in any form; or (21 the use of anv electronic cigarette. New Text Underfined; [DELETED TEXT Page 94 of 109 Ordinance No. 2780 -2014 Page 3 of 3 Section 3. Severabili ty: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(o, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 2, 2014 Adopted: July 16, 2014 Effective: August 15, 2014 New Text Underlined; [DELETED TEXT BRACKETED] Page 95 of 109 u IK1149e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 MEMORANDUM TO: City Councilors FROM: Mayor Porter DATE: June 26, 2014 SUBJECT: Ordinance No. 2780 -2014, E- Cigarettes The City currently regulates where tobacco cigarettes can be smoked in public as well as in certain private establishments such as restaurants and healthcare facilities. Electronic cigarettes, which involve vaporizing certain substances, have become more noticeable and popular. Many municipalities and airlines across the country already regulate electronic cigarettes the same as tobacco. The FDA does not regulate electronic cigarettes but is in the process of doing so. The safety of these devices to the user and third party is contested and debated. However, until and unless it is conclusively determined that electronic cigarettes are safe with regards to second hand "smoke" I strongly believe the City should protect its residents the same as they are protected from second hand smoke from tobacco. I have also included in this Ordinance a reference to smoking other plant based material. Again, like with electronic cigarettes this is a proactive measure to protect non - smokers from those who choose to smoke, whether it is tobacco or some other substance such as marijuana. With the upcoming vote on Ballot Measure 2, An Act to Tax and Regulate the Production, Sale, and Use of Marijuana, this Ordinance is timely. This Ordinance would not interfere with any state or federal regulation regarding electronic cigarettes or marijuana, as it does not make either permissible or impermissible, but only prohibits their use in certain places, the same as tobacco is regulated. Your consideration is appreciated. Y: \City Council\Ivlemorandums\?014 0626 E- Cigarettes Memo.doex Page 96 of 109 CITY OF KENAI ORDINANCE NO. 2781 -2014 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85.050- REFUSAL OR FAILURE TO DISCLOSE, TO AMEND AND CLARIFY CONSEQUENCES FOR REFUSAL OR FAILURE TO TIMELY FILE REQUIRED FINANCIAL DISCLOSURE INFORMATION. WHEREAS, Kenai Municipal Code 1.85.010 requires candidates for elective municipal office and newly elected and existing municipal officers to file a statement specifying business interests and income sources as required by KMC 1.85.020; and, WHEREAS, KMC 1.85.050 currently provides that candidates that refuse or fail to file the required disclosures will be withheld or removed from the filing records of candidates; that appointed elected municipal officials shall not take office for failure to comply and that existing officials who fail to comply are guilty of a violation (minor offense) and upon conviction are subject to a fine of up to $500.00 a day; and, WHEREAS, KMC 1.85.050 is not as clear as it should be with regard to penalties and other consequences which may lead to lack of enforcement; and, WHEREAS, a preferred approach would be to distinguish between failure to timely file and filing false reports, the first to be subject only to a reasonable civil penalty to encourage compliance and the second to a minor offense to discourage false reporting; and, WHEREAS, it is reasonable to include an opportunity for those subject to civil fines and minor offenses regarding filing financial disclosures to be able to explain any extenuating circumstances prior to the assessment of fines or penalties; and, WHEREAS, due to the sensitive nature of disclosures and relationships between Council, the City Manager, City Clerk and the City Attorney, the code should clearly provide direction as to who will enforce any imposition of civil fines and /or penalties. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 1.85.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.85.050 - Refusal or Failure to Disclose, is hereby amended as follows: New Text Underlined; (DELETED TEXT BRACKETED] Page 97 of 109 Ordinance No. 2781 -2014 Page 2 of 3 1.85.050 Refusal or failure to disclose. (a) If a candidate fails or refuses to file the statement required by KMC 1.85.010, his or her filing shall be refused or, if previously accepted, shall be returned and his or her name shall be withheld or removed from the filing records of candidates. (b) A [PERSON] newly appointed or elected municipal officer failing or refusing to comply with the requirements of this chapter shall forfeit his or her [NOMINATION] elected or appointed position and shall not be seated or sworn to the office for which he or she was elected or appointed [IS A CANDIDATE]. (c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to [MAKE] submit a required disclosure of information, as provided in this chapter, bv A Any candidate or municipal officer [OR] who files a statement containing false or misleading information knowing it to be false or misleading, shall be guilty of a violation and upon conviction is punishable by a fine as provided for violations in KMC 13.05.010. as provided by this chapter. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(fl, this ordinance shall take effect 30 days after adoption. New Text Underlined; DELETED TEXT BRACKETED Page 98 of 109 Ordinance No. 2781 -2014 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 2, 2014 Adopted: July 16, 2014 Effective: August 15, 2014 New Text Underlined; ]DELETED TEXT BRACKETED] Page 99 of 109 "'V'ilaye with a Past, Ci� with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: City Councilors FROM: Mayor Porter DATE: June 26, 2014 SUBJECT: Ordinance No. 2781 -2014, Financial Disclosure The City has not meaningfully revisited its consequences for refusal or failure for municipal officers to comply with its financial disclosure requirements since 1977, when the City opted out of the State of Alaska's requirements by a vote of the people. This Ordinance updates existing code requirements for clarification and implements a $10.00 per day fine for late submittals by existing officers, up to a maximum of $1000.00 (100 days late). It maintains the current penalty of a minor offense for filing false reports. It also provides a mechanism for reporting violations of the City's rules on financial disclosures and direction for following through with enforcement. Your consideration is appreciated. YACity Ccuncil\Memorandums�2014 0626 Financial Disclosure Memo.docx Page 100 of 109 r- ""Villa9e with a Past, Git 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 4/ ' From: Terry Eubank, Finance Director l/ Date: June 25, 2014 Re: Kenai City Charter, Section 4 -3 Official Bonds The purpose of this memo is provide information and options for compliance with Section 4 -3 of the Kenai City Charter, Officials Bonds. Section 4 -3 of the Kenai City Charter reads as follows, The City Administrator, the Finance Director, the City Treasurer, and such other officers and employees as the Council may designate, before entering upon their duties, shall be bonded by individual and /or group bonds, for the faithful performance of their respective duties, payable to the City, in such form and in such amounts as the Council may prescribe, with a surety company authorized to operate within the State. The City shall pay the premiums on such bonds. (Amended by Proposition 1, October 5, 1976.) The City's general liability insurance policy through Alaska Public Entity Insurance provides employee dishonesty coverage in the amount of $250,000 per employee but the policy excludes anyone who is required to be bonded by law. Policy provisions combined with the requirements of Section 4 -3 of the City's Charter exclude coverage for the City Manager and Finance Director for employee dishonesty. The City may purchase bonding for the City Manager and Finance Director to satisfy the requirements of the City's Charter. The following bonding quotes have been provided by the City's insurance broker: Bonding Limit $50,000 per employee $250,000 per employee $500,000 per employee Cost Per Employee $190.00 per year $980.00 per year $1,940.00 per year Bonding limits in excess of $500,000 may be available but not through the City's cunrent broker. Direction from Council is needed as to the prescribed bonding limit per employee and those employees who in addition to the City Manager and Finance Director Council designates for bonding. Keep in mind that all employees except the City Manager and Finance Director are currently covered for $250,000 and designation for additional bonding will likely supplant rather than supplement existing coverage. Page 101 of 109 Terry Eubank From: Doug Brown [doug.brownQG brownak.net] Sent: Thursday, June 19, 2014 9:37 AM To: Terry Eubank Subject: Public Officials Bonds The bond for a full year at 250K would be 980.00 and the bond for SOK would be 190.00 Max amount I can get is 500K at 1940.00 Also need to get renewal order for APEI coverage. Doug Brown AGENCY 110 South Willow #106 Kenai AK. 99611 907 283 7834 800 478 7834 www.brownak.net Page 102 of 109 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 25, 2014 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Chair J. Twait, D. Fikes, G. Pettey, H. Knackstedt, K. Peterson, Nate Kiel Staff /Council Liaison present: Mayor Porter, City Planner F. Krizmanich, City Clerk S. Modigh, Planning Assistant W. Anderson. A quorum was present. c. Agenda Approval MOTION: Commissioner Knackstedt MOVED to approve the agenda and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. e. 'Excused Absences — P. Bryson, 'All items listed with an asterisk (') are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: May 28, 2014 Page 103 of 109 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ14 -16 —Application for Variance Permit for a setback variance for the property known as 200 Trading Bay Rd., Lot 1, Block 4, Cook Inlet Industrial Air Park. Submitted by A & K Enterprises, 200 Trading Bay Rd., Kenai, AK 99611. City Planner Krizmanich reviewed the staff report included in the packet dated June 25, 2014 and recommended approval of the variance noting the storage yard is a permitted conditional use in the Central Mixed Zone. Further advising that the addition of Building 3 will provide covered storage and the applicant installed a site obscuring fence along Trading Bay Road and Granite Point Street. MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ14 -16 along with staff findings and recommendations. Commissioner Peterson SECONDED the motion. Chairman Twait opened the public hearing, there being no one wishing to speak, public hearing was closed. VOTE: YEA: Twait, Fikes, Knackstedt, Peterson, Kiel, Pettey NAY: MOTION PASSED. Chairman Twait advised of the 15 day appeal period. b. PZ14 -17 —Amendment of the Land Use Table in KMC 14.22.010 to provide for airports as a conditional use in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts City Planner Krizmanich reviewed his memorandum included in the packet dated June 25, 2014 and recommended amending the Land Use Table making airports a Conditional Use in the Central Commercial, General Commercial and Industrial Zone Districts. PLANNING AND ZONING COMMISSION MEETING June 25, 2014 Page 2 Page 104 of 109 MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ14 -17 and Commissioner Fikes SECONDED the motion. Chairman Twait opened the public hearing. Kristine Schmidt, Kenai resident spoke in favor of the Resolution and recommended additional amendments to the conditional use permit ordinance. There being no one else wishing to speak, public hearing was closed. The Commission discussed setting standards for the conditional use permit application in addition to the current criteria and the opportunity for appealing a permit once granted. VOTE: YEA: Twait, Fikes, Pettey, Knackstedt, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council — Mayor Porter reviewed the Action Agenda for the June 18t" Council Meeting and noted the opening of the new City shop, the upcoming 41" of July parade, and dip net season beginning in July. Mayor Porter also provided an update on the green space for 41 Avenue and Forest Avenue. b. Borough Planning — No report. c. Administration — no report. 11. INFORMATIONAL ITEMS: None 12. NEXT MEETING ATTENDANCE NOTIFICATION: July 9, 2014 Commissioners Twait and Bryson will not be in attendance. PLANNING AND ZONING COMMISSION MEETING June 25, 2014 Page 3 Page 105 of 109 13. COMMISSION COMMENTS & QUESTIONS: Commissioner Knackstedt noted the importance of the commission voicing their findings or recommendations along with administration. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:36p.m. Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk PLANNING AND ZONING COMMISSION MEETING June 25, 2014 Page 4 Page 106 of 109 �\ .� ,§ ,2 �\ \ S ( ) § § k > ) ( o- < \ \ \° ) \ § 2 } ƒ § \ j < pz ^ < \ \ > _ & 2 ® § / \ ° / } \ 5 R u § L 5 ` \ } \ LLI \ \ ) ( a j \ ) ) ° < G 2 $ LLI ± _ ) g \ z e * = z \ ° \ j / = t / $ § \ ( � ( CO \ / cr ± \ 0 E ( ( \ \ \ \ ) \ _ #19 of 109 0 5 ± g y/ g« g z o & - - ® - ° / / P 0 % j \ } ( ( § > < ( $ < \ E ± > % [ b § § § [ / q $ ) § $ < ƒ \ \ ° \ K [ LU ) ) ¢ ) \ \ ) ) § \ § ± of y m = ± ± P = ) ( o- < \ \ \° ) \ § 2 } ƒ § \ j < pz ^ < \ \ > _ & 2 ® § / \ ° / } \ 5 R u § L 5 ` \ } ( \ \ \ \ ) ( a j m ) ) < LLI ( ° \ ) \ [ \ * z \ ° \ j / = t / $ § \ ( � ( CO \ / cr ± \ 0 E ( < ) w < < w 2 _ #19 of 109 June 20, 2014 THE STATE Department of Commerce, Community, °fALASKA DIVISION OF CO Economic ITY AD DeOONAOpmeRS GOVTiRNOR SEAN PARNLLL City of Kenai Patricia Porter, Mayor 210 Fidalgo Avenue Kenai, AK 99611 RE: 2015 Designated Legislative Grant Dear Mayor Porter: nu 25 7014 Kenai City Cleft's 0E6ce P.O. Box 110809 Juneau, Alaska 99811 -0809 Main: 907 - 465.4731 Too: 907 -465 -5437 Fax: 907 -465 -5867 I am pleased to notify you the City of Kenai has been appropriated 5 FY 2015 Designated Legislative Grants per AS 37.05.316, Grants to Municipalities. Listed below are the grant projects and award amounts: Grant Number Project Name Award Amount 15 -DC -044 Kn Center Improvements $250,000.00 15 -DC -078 &Soutdh Kuth Beach Di Net Access $1,900,000.00 15 -DC -079 N/H ea ui ment S a Buildin $1,900,000.00 15 -DC -080 Re re De artmen e $400,000.00 15 -DC -081 Watment Plant U ades and Renovations Design $200.000.00 In order to receive grant funds, a grant agreement must be executed for each award. Please provide the following information within 30 days: • A scope of work for each project which includes a brief description, proposed timeline and budget narrative. Enclosed are the Total Project Snapshots (TPS) for your reference. • Completed Signatory Authority Form Upon receipt of the requested information, I will prepare and send the grant agreements for signature A copy of the latest Designated Legislative Grantee Handbook is enclosed for your convenience. All grantees are encouraged to review the handbook as it contains new information. The handbook is also available online at: hLtp:ZZconunerce.almka.gov/dnn/dci-a/GrantsSection/DI,GLants.asp a Congratulations on these awards. I look forward to working with you to ensure the success of each project. If you have any additional questions, please contact me via phone at (907) 465 -4731 or email robin.park@alaska.gov. Sin l y, —im P rk Grants Administrator I1 Enclosures Page 108 of 109 36835 Cheechako News Drive Soldotna, Ak 99669 June 25, 2014 Mayor Pat Porter City of Kenai 210 Fidalgo Ave. Kenai, Ak 99611 Dear Mayor Porter: it is with great sadness that I have to inform you that I will be resigning from my Park and Recreation Commissioner Seat and my position on the City of Kenai Mini -Grant Committee immediately. As you are aware of, I have retired from the Kenai Peninsula Borough School District and will be moving to Wenatchee, Washington on August 1" to continue my education career. It has been a great pleasure of mine to have served the City of Kenai and the people and the community will be very hard to replace. I would like to take this opportunity to personally thank you and the City Administration for all that they have done for the youth of our community. If you have any questions about my resignation, I can be reached at 252 -5720, 'ncerel , Jim Beeson Page 109 of 109 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE JULY 2, 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. 1. ENACTED UNANIMOUSLY. 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. 2. ENACTED UNANIMOUSLY. Ordinance No. 2768 -2014 - Appropriating Funds in the Multi- Purpose Facility Capital Project Fund. 3. ENACTED UNANIMOUSLY. 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. 4. ENACTED UNANIMOUSLY. 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. 5. ENACTED UNANIMOUSLY. 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. 6. ENACTED UNANIMOUSLY. 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. 7. ENACTED UNANIMOUSLY. 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. 8. ENACTED UNANIMOUSLY. 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. 9. ENACTED UNANIMOUSLY. Ordinance No. 2777 -2014 - Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program. 10. ENACTED UNANIMOUSLY. 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. 11. ENACTED UNANIMOUSLY. 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. 12. ADOPTED UNANIMOUSLY. Resolution No. 2014 -46 — Retroactively Authorizing the City Manager to Renew the City's Insurance Coverage with Alaska Public Entity insurance (APEI) to Commence July 1, 2014 and End June 30, 2015 and Sign a Letter of Commitment for Coverage for the Period of July 1, 2014 through June 30, 2017. 13. ADOPTED UNANIMOUSLY. Resolution No. 2014 -47 — Approving the Purchase of One Police Vehicle through State of Alaska Equipment Fleet Contract Pricing Contract. 14. ADOPTED UNANIMOUSLY. Resolution No. 2014 -48 — Awarding an Agreement for Design of Wastewater Treatment Plant Improvements 2014. 15. ADOPTED UNANIMOUSLY. Resolution No. 2014 -49 — Awarding an Agreement for Construction of Automated Flight Service Station Phase Two Restroom Improvements 2014. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Q I � nbk--) Sandra Modi h, C, City G rk Posted: July 014 COUNCIL PACKET DISTRIBUTION MAKE 13 PACKETS Council Meeting Date: July 2, 2014 Mayor Library Clerk Gabriel Fire Department Boyle Mellish Hall Binder Navarre 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. WILDLIFE HAZARD ASSESSMENT OF KENAI MUNICIPAL AIRPORT, KENAI, ALASKA (October 2011 through November 2012) Final Report, April 2013 m� - "epartmoil, " ,N{ t�EALTH //fN ' Submitted by: United States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services 720 O'Leary St., NW Olympia, Washington 98502 (360) 753 -9884 Written by: Kyle E.B. Waters, Wildlife Specialist, Alaska Laurence M. Schafer, Airport Coordinator, Washington /Alaska Terry L. Smith, District Supervisor, Alaska Work Pe/formance per Cooperative Service Agreement No. 11-73-02-6276-R,4 Project was monitored by Roger Woodruff State Director, Washington and Alaska Wildlife Hazard Assessmem continue this diligent effort, because violations still occur. These violations attract hazardous wildlife to the airport and increase the threat to aviation safety. 8.3.4 Increase Control Efforts Habitat management by itself will never completely eliminate the presence of hazardous wildlife. That is why all habitat management must be complimented with the use of direct control. It is important to immediately harass wildlife once they become present at the airport and is essential to a successful control program. Lethal reinforcement is necessary when hazardous wildlife no longer appropriately respond to non - lethal methods. The repeated presence of individuals or flocks is indicative of animals habituating to non - lethal methods. Increasing wildlife patrols and the intensity of harassment by incorporating more lethal reinforcement towards flocks will reduce habituation and the need for more lethal control in the long -term. The end result will be less hazardous wildlife at the airport. All airport personnel should be properly trained in firearms safety before participating in lethal wildlife management operations. The following guidelines should be followed when using lethal reinforcement: • Use lethal reinforcement only in accordance with provisions /conditions outlined in the State and Federal permits. • Use lethal reinforcement for other non - lethal deterrent methods or as a last effort to remove persistent individuals. The removal of one or two members from a flock of birds generally has the same negative conditioning effect on remaining birds as the removal of 1b -15 birds from the same flock. • The use of lethal reinforcement, as a method for reducing the local population of a given hazardous bird species is only an effective strategy when dealing with small local populations. Lethal reinforcement is not recommended for attempting to reduce large populations of any species. • Lethal reinforcement towards some species may not always be effective. Migrating shorebirds, swallows, and songbirds are generally unaccustomed to this conditioning technique, whereas corvids, ducks, geese, and gulls have developed some wariness from being shot at in the past. During migrations, there is often a high turnover of birds, thus different individuals will likely be encountered on a day -to -day basis. Birds that are harassed on a given clay (that lethal shooting is applied) may not be the same ones observed the following day or day prior. • When dealing with flocks of birds, lethal reinforcement should always be accompanied by at least one non - lethal control method (e.g., pyrotechnics, vehicle hazing). Kenai Municipal Airport, Kenai, Alaska Page 44 Wildlife Hazard Assessment The issue of public sensitivity to lethal reinforcement (e.g., shooting) should be considered, and discretion is advised. However, concerns over pubic sensitivity should not supersede those of public safety. The airport should not hesitate to implement lethal reinforcement when the situation warrants such action. Page 45 Kenai Municipal Airport, Kenai, Alaska --- --