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Home My WebLink About2000-05-17 Council PacketKena i C i ty Counc i I Meeting Packet May 17, 2000 AGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 17, :2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: , , , , . , PUBLIC HEARINGS Ordinance No. 1860-2000 -- Repealing KMC 5.05, Entitled "Peddlers" and KMC 5.30, Entitled "Transient and Itinerant Merchants," and Replacing Them with a New KMC 5.05 Entitled "Peddlers and Transient Merchants." Ordinance No. 1861-2000 -- Replacing the Tables Referred to in the Personnel Regulations {Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part-Time Employees. Ordinance No. 1862-2000 -- Amending Various Sections of Title 4 and Title 14 of the Kenai Municipal Code to Clarify and Correct Inconsistencies. Resolution No. 2000-20 -- Transfemng $1,569 in the General Fund for Roof Repairs at the Recreation Center. Resolution No. 2000-21 -- Transferring $1,600 in the Airport Terminal Enterprise Fund for Communications.' Resolution No. 2000-22 -- Awarding the Bid to Hansen's Roofing for the Kenai Recreation Center Building Roof Repairs -2000 for the Total Amount of $37,500. , Resolution 1~1o. 2000-23 -- Extending the Banking Services Agreement with National Bank of Alaska. ITEM D' o 2. 3. 4. 5. 6. 7. ITEM E: o ITEM F: ITEM G: ITEM H: . . , , , e COMMISSION [ COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report MINUTES *Regular Meeting of May 3, 2000. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1863-2000 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2000 and Ending June 30, 2001. *Ordinance No. 1864-2000 -- Prohibiting the Keeping of Livestock on Certain Lots within the City of Kenai. Approval-- Specie Use Permits-- Dottie Fischer, Alaska's Best Travel a. Kenai Airport Terminal Space 36A b. Kenai Airport Terminal Space 21 Approval-- Special Use Permit-- Machine (ATM) at Kenai Airport. Reann Pitts, Automated Teller ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT Z 0 ~O¢oO~~~~ ~~o o<~ \ ~ >_ ,,, ~O¢oO~~~ Suggested by: Adminis. CITY OF KENAI ORDINANCE NO. 1860-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KMC 5.05, ENTITLED "PEDDLERS" AND KMC 5.30, ENTITLED "TRANSIENT AND ITINERANT MERCHANTS" AND REPLACING THEM WITH A NEW KMC 5.05 ENTITLED "PEDDLERS AND TRANSIENT MERCHANTS." WHEREAS, both KMC 5.05, entitled "Peddlers" and KMC 5.30, entitled "Transient and Itinerant Merchants" are outdated and cumbersome; and, WHEREAS, repealing, replacing and combining these sections of the Kenai Municipal Code will simplify the permitting process for peddlers and transient merchants as well as administration. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 5.05 and 5.30 are repealed and replaced with a new KMC 5.05 entitled, "Peddlers and Transient Merchants" as follows: 5.30.010 Defined. Transient Merchants' (a) A transient merchant is defined as any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, and/or the services, wares, and merchandise within this City, and who, in furtherance of such purpose, peddles from door to door or uses any building or structure, or any street, alley, or other place within the City, for the exhibition and sale of such goods, wares, and merchandise, and/or the performance of services, either privately or publicly. The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. As used in this chapter, "temporary" means for a period contemplated to be less than 120 days duration. {b} Every person who would be a transient merchant, as defined in paragraph (a} above, except for his declaration of intent to remain in business in the City for longer than 120 days, shall nonetheless be presumed to be a transient merchant unless or until he has: {1} purchased or leased for a term of at least four {4) months, real property within the City from which his business is being or will be conducted; {2) engaged in the same business within the City for at least five {5) consecutive months during each of the preceding two {2) calendar years; or, Ordinance No. 1860-2000 Page 1 of 4 (3) otherwise objectively demonstrated his intent to remain in business in the City for a period longer than 120 days by other than his declaration of intent to so remain. (c) The foregoing notwithstanding, however, a transient merchant for the purposes of this section, shall not include the following: (1) the sale of personal goods or wares at such functions as garage sales, flea markets, bake sales, or items that, by their nature, have intrinsic value based solely on artistic, visual, or decorative appeal (examples are, but are not limited to, art work, art reproduction, Christmas trees and flowers); or, (2) fund raising activities of non-profit organizations or groups which have filed with the State of Alaska under the provisions of AS 10.20; or, (3) commercial travelers who regularly take orders for goods in the usual course of business where orders are taken from persons regularly engaged in wholesale or retail business and where no payment prior to delivering of such goods is required. Peddlers' (a) A peddler is one who engages in selling or peddling goods, wares, merchandise, or services within the City of Kenai from house to house, and any person who goes from house to house, or from place to place selling or taking ~)rders for the sale of such goods, wares, merchandise, or services by sample or otherwise for future delivery, and any person who goes from house to house selling or taking orders for loan agreements, contracts, insurance, newspapers, bookS, pictures, periodicals, or services; provided, however, that the provisions of this chapter shall not apply to sales to dealers by commercial travelers, who regularly take orders for goods in the usual course of~business where orders are taken by persons regularly engaged in wholesale or retail business and where no payment prior to deliver of such goods is required. (b) No peddler shall ply his vocation ,on any street, sidewalk, park, parkway or in any other public place unless his peddler s license specifies that peddling in such' public places is permitted thereunder. (c) Any resident of the city who wishes to exclude peddlers or solicitors from premises occupied by him/her may place upon or near the usual entrance to such premises a printed placard or sign nearing the following notice: "peddlers and solicitors prohibited." Such placard shall be at least 3~A'' x 3~A'' and the printing thereon shall not be smaller than 48 point type. No peddler shall enter in or upon any premises, or attempt to enter in or upon any premises, where placard or sign is placed and maintained. No person other than the person occupying such premises shall remove, injure or deface such placard or sign. 5.30.020 License Required. (a) It shall be unlawful for any person or for any agent, servant or employee of any person to engage in, carry on or conduct the business of a transient merchant or peddlers without first obtaining a license to do so. {b} License issued under the provisions of this section shall not authorize any person or persons, except the identical person or persons named in said license, to engage in business thereunder and such license shall not be transferable. {c) Every person licensed under this section shall have with him/her while engaged in such business, the license received by him/her from the City Clerk and shall produce the same at the request of any city official or at the request of any Ordinance No. 1860-2000 Page 2 of 4 individual within the City of Kenai to whom he/she is exhibiting his/her gods or selling or attempting to sell same. (d) Any license, issued under the provisions of this section, shall be subject to revocation by the City Clerk upon satisfactory proof of a violation of the provisions of this section by such licensee, provided, however, that such licensee shall be given notice of such proposed revocation and reasonable opportunity to appear before the City Clerk when such revocation is considered. 5.30.030 Application for License. (a) Applications for such licenses shall be on forms prescribed and furnished by the City Clerk, and shall include the following information: the full name of the applicant; the permanent marling, residential, and business address of the (1) merchant; (4) the date of the application; the nature and description of the merchandise to be sold or activity to be conducted; {5) location of activity; (6) the length of time during which it is proposed the business shall be conducted; {7) a tax compliance certificate, signed by the appropriate Kenai Peninsula Borough authority, or, if the applicant had not previously done business in the Kenai Peninsula Borough, proof of opening a sales tax account with the appropriate Kenai Peninsula Borough authority; (8) proof of a valid Alaska Business license; {b) With the application, the applicant shall also furnish: (1} the fee for the City license as prescribed herein; {2) the legible signature of the applicant/owner or person authorized to sign on behalf of the applicant/owner; (3) an affirmation or oath that the information and statements made in connection with the application are true, correct, and complete. 5.30.040 License Fee. The license fee for engaging in, carrying on, or conducting business as a peddler or transient merchant shall be the sum of $25.00 {TWENTY-FIVE DOLLARS} for an annual license. 5.30.050 Record Retention. The City Clerk shall keep a record of all Transient Merchant and Peddler licenses issued for two years. 5.30.060 Penalty. Any person, firm or corporation' violating any provision of this ordinance shall be fined not more than $500 {FIVE HUNDRED DOLLARS) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Ordinance No. 1860-2000 Page 3 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2000. ATTEST: John J. Williams, Mayor Sheryl A. Padilla, Acting City Clerk Introduced: May 3, 2000 Adopted: May 17, 2000 Effective' June 17, 2000 Ordinance No. 1860-2000 Page 4 of 4 Suggested by: Administration City of Kenai ORDINANCE NO. 1861-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE TABLES REFE~D TO IN THE PERSONNEL REGULATIONS (TITLE 23) TO ESTABLISH A NEW SALARY STRUCTURE BY GRADE AND NEW HOURLY RATES FOR PART-TIME EMPLOYEES. WHEREAS, the Personnel Ordinance, KMC 23.55.020(a) and 23.55.050, specifies that the tables establishing salary structure by grade and hourly rates for part-time employees may be replaced by ordinance; and WHEREAS, due to inflation occumng over the last two years and other considerations, it appears equitable that the salary structure by grade be increased by 1.5%, and that the hourly rates for part-time employees (excluding job training classes) be increased by 1.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the attached tables identified as "Salary Structure by Grade" and "Part-Time Hourly Rates" replace those corresponding tables that presently appear in the Personnel Ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2000. ATTEST: JOHN J. WILLIAMS, MAYOR Sheryl A. Padilla, Acting City Clerk Approved by Finance: ~~' (4/~0/~000) ~a Introduced: Adopted: Effective: May 3, 2000 May 17, 2000 July 1, 2000 CITY OF KENAI FISCAL YEAR 2001 SALARY STRUCTURE Range/Step A B 1 15,631 16,021 2 18,467 18,928 3 25,862 26,508 4 27,155 27,834 5 28,514 29,228 6 29,942 30,690 7 31,445 32,231 8 33,030 33,856 9 34,668 35,535 10 36,392 37,302 11 38,208 39,163 12 40,135 41,139 13 42,115 43,168 14 44,249 45,355 15 46,462 47,624 16 48,763 49,981 17 51,209 52,490 18 53,769 55,113 19 56,445 57,856 20 59,293 60,775 21 62,260 63,816 22 65,335 66,968 23 68,611 70,327 24 72,135 73,938 C D E F AA BB CC 16,412 16,802 17,192 17,582 17,973 18,363 18,753 19,390 19,852 20,314 20,775 21,237 21,699 22,161 27,154 27,800 28,446 29,092 29,738 30,384 31,030 28,513 29,192 29,872 30,551 31,230 31,909 32,588 29,941 30,654 31,368 32,081 32,794 33,507 34,221 31,439 32,187 32,936 33,685 34,433 35,182 35,930 33,017 33,803 34,588 35,374 36,160 36,946 37,732 34,683 35,509 36,335 37,161 37,987 38,813 39,640 36,401 37,268 38,134 39,001 39,867 40,734 41,600 38,212 39,122 40,032 40,942 41,8,52 42,762 43,672 40,119 41,074 42,030 42,986 43,941 44,897 45,852 42,142 43,145 44,148 45,152 46,155 47,158 48,161 44,221 45,274 46,327 47,379 48,432 49,485 50,538 46,462 47,569 48,676 49,782 50,889 51,996 53,103 48,785 49,947 51,109 52,270 53,432 54,593 55,755 51,200 52,418 53,637 54,855 56,074 57,292 58,511 53,770 55,051 56,332 57,612 58,893 60,174 61,454 56,457 57,801 59,145 60,488 61,832 63,176 64,520 59,267 60,678 62,089 63,500 64,911 66,322 67,733 62,258 63,740 65,223 66,705 68,188 69,671 71,153' 65,372 66,928. 68,484 70,040 71,596 73,152 74,708 68,602 70,236 71,869 73,503 75,137 76,771 78,404 72,042 73,758 75,473 77,189 78,904 80,620 82,335. 75,742 77,545 79,348 81,152 82,955 84,759 86,562 Part Time Hourly Rates PT-1 6.58 PT-2 7.05 PT-3 7.50 PT-4 7.98 PT-5 8.41 :PT-6 8.89 PT-7 9.34 PT-8 10.91 PT-9 12.35 JT-4 5.97 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1862-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN~, ALAS~, AMENDING VARIOUS SECTIONS OF TITLE 4 AND TITLE 14 OF THE KENAI MUNICIPAL CODE TO CLARIFY AND CORRECT INCONSISTENCIES. WHEREAS, KMC 14 and KMC 4 currently contain some sections with inconsistencies; and WHEREAS, KMC clarification; and 14 and KMC 4 currently contain some sections that need WHEREAS, a breakdown and explanation of the individual changes and amendments is conta/ned in Attachment B; and WHEREAS, the Planning & Zoning Commission has reviewed the suggested changes, held public hearings on the suggested change~ and recommended their approval. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, that changes to Title 4 and Title 14 of the Kenai Municipal Code be made as detailed in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2000. John J. Williams, Mayor ATTEST: ~heryl A. Padilla, Acting City Clerk Introduced: Adopted: Effective: May 3, 2000 May 17, 2000 June 17, 2000 4.05.035 Inspections. Section 108.5.6 of the Uniform Building Code as adopted by this chapter is amended to read' On new and enlarged structures, the Building Official shall require the submission of an as-built survey as performed by a state registered land surveyor prior to final inspection if it is deemed necessary to comply with KMC Title 14 setback requirements and Building Code regulations. 14.10.010 General. [(d) FINAL PLATS SUBMITTED TO THE BOROUGH FOR APPROVAL WILL BE SUBMITTED BY THE BOROUGH TO SAID CITY FOR REVIEW WHEN THE DESIGN DEVIATES FROM THE PRELIM~~Y PLAT IN A MANNER WHICH HAS NOT BEEN RECOMMENDED BY THE CITY. IN SUCH INSTANCES, THE CITY PLANNING COMMISSION SHALL HAVE 49 DAYS FROM THE DATE OF RECEIPT IN WHICH TO REVIEW THE FINAL PLAT AND TAKE ACTION.] 14.10.030 Jurisdiction and procedure. (a) It shall be unlawful for any person being the owner, agent, or person having control of any land within the City of Kenai to subdivide or lay out such land in lots, unless by a plat, in accordance with the regulations contained herein. A preliminary plat shall [FIRST] be submitted to the [KENAI PENINSULA BOROUGH PLANNING DEPARTMENT FOR STUDY. THE COPIES WILL BE FURNISHED BY THE BOROUGH TO THE] City of Kenai[,] who shall make recommendations to the Borough Planning Commission. [14.10.050 FILING FEES.] [THE PREL~~ARY PLAT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF $.0.50 PER LOT AND SHALL NOT EXCEED $25.] 14.10.070 Subdivision design standards. (e) Lots: (5) In subdivisions where septic tanks or other individual sewage disposal devices are to be installed, the size of all lots included in such subdivision shall [BE SUBJECT TO THE APPROVAL OF THE CITY SANITARIAN OR HEALTH OFFICER OF THE CITY OF KENAI. THE APPROVAL. OF THE CITY SANITARIAN SHALL BE BASED UPON THE ALASKA STATE BOARD OF HEALTH REQUIREMENTS. HE SHALL NOTIFY THE DEVELOPER AND THE CITY PLANNING COMMISSION, 1N WRITING, OF HIS FINDINGS] meet Kenai Peninsula Borough requirements. 14.15.010 Uniform numbering system. (b) All streets and other public ways shall be named as follows: Ordinance No. 1862-2000 Attachment A Page 1 of 8 (3) All subdivision plats shall be submitted to the [PUBLIC WORKS' DIRECTOR] Planning and Zoning Administration for review and approval prior to final approval by the Planning and Zoning Commission. 14.15.060 Survey, placement, and size of numbers. (b) Such number or numbers shall be placed on existing buildings on or before the effective date of this chapter and within twenty (20) days after the assigning of the proper number in the case of numbers assigned after the effective date of this chapter. The cost of the numbers shall be procured and paid for by the property owner. The numbers used shall be not less than three (3) inches in height and shall be made of a durable and clearly visible material. [IF THE PROPER NUMBER IS NOT PLACED ON AN EXISTING BUILDING ON OR BEFORE THE EFFECTIVE DATE OF THIS CHAPTER, IT SHALL BE THE DUTY OF THE DIRECTOR OF PUBLIC WORKS TO HAVE INSTALLED THE PROPER NUMBER OR NUMBERS ON SAID PREMISES AS HEREINAFTER SET FORTH AND TO MAKE A CHARGE OF TEN DOLLARS ($10.00) FOR EACH SET OF NUMBERS SO INSTALLED.] 14.15.080 Plat book. For the purpose of facilitating a correct numbering, a plat book of all streets, avenues, and public ways within the City showing the proper numbers of all houses or other buildings fronting upon all streets, avenues, or public ways shall be kept on file in the office of the [DIRECTOR OF PUBLIC WORKS] Building Official. These plats shall be open to inspection of all persons during the office hours of the City of Kenai. (KMC 14-68) 14.15.090 [DIRECTOR OF PUBLIC WORKS] Building Official. It shall be the duty of the [DIRECTOR OF PUBLIC WORKS] Building Official to inform any party applying therefore of the number or numbers belonging to or embraced within the limits of any said lot or property as provided in this chapter. In case of conflict as to the proper number to be assigned to any building, the said [DIRECTOR OF PUBLIC WORKS] Building Official shall determine the number of said building. 14.15.100 Owner to procure number. Whenever any house, building, or structure shall be erected or located in the City of Kenai after the establishment of a uniform system of house and building numbering has been completed, in order to preserve the continuity and unifon~ty of numbers of houses, buildings, or other structures, it shall be the duty of the owner to procure the correct number or numbers as designated fi'om the [DIRECTOR OF PUBLIC WORKS] Building Official for the said property and to immediately fasten the said number or numbers so assigned upon said building as provided by this chapter. No building permit shall be issued for any house, building or structure until the owner has procured fi'om the [DIRECTOR OF PUBLIC WORKS] Building Official the official number of the premises. Final approval of any structure erected, repaired, altered, or Ordinance No. 1862-2000 Attachment A Page'2 of 8 modified after the effective date of this chapter shall be withheld by the City Building Inspector until permanent and proper numbers have been affixed to said structure. 14.20.020 Application of regulations. [(E) EVERY BUK, DING HE~~TER ERECTED SHALL BE LOCATED ON A LOT AS HERE~ DEFINED, EXCEPT THAT, IF TWO OR MORE CONTIGUOUS LOTS ARE UNDER THE SAME OWNERSHIP, A BUILDING MAY STRADDLE THE INTERIOR LOT LINE OR LINES PROVIDED THAT NO INTERIOR PARTITION OF THE BUILDING FALLS ON A LOT LINE SO THAT SUCH PORTION COULD BE SOLD SEPARATELY FROM THE REMAINDER OF Tt~ BUILDING. THIS WOULD NOT PRECLUDE THE SALE OF SUCH PROPERTY AS CONDOMINIUMS OR TOWNHOUSES PROVIDED THEY ARE BUILT AS SUCH.] 14.20.050 Non-conforming lots, structures, and uses. (c) Non-Conforming Lots of Record. In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous fi'ontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, if the lot conforms to the regulation for the zone in which such lot is located. Exception to development requirements shall be obtained only through the variance procedures established in this chapter. [IF TWO OR MORE LOTS OR COMBINATIONS OF LOTS AND PORTIONS OF LOTS WITH CONTINUOUS FRONTAGE IN SINGLE OWNERSHIP ARE OF RECORD AT THE TIME OF PASSAGE OR AMENDMENT OF THIS ORDINANCE CHAPTER, AND IF ALL OR PART OF THE LOTS DO NOT MEET REQUIREMENTS FOR LOT WIDTH AND AREA AS ESTABLISHED BY Tills CHAPTER, THE LANDS INVOLVED SHALL BE CONSIDERED TO BE AN UNDIVIDED PARCEL FOR THE PURPOSES OF THIS CHAPTER, AND NO PORTION OF SAID PARCEL SHALL BE USED OR SOLD WHICH DOES NOT MEET LOT WIDTH AND AREA REQUIREMENTS ESTABLISHED BY THIS CHAPTER, NOR SHALL ANY DIVISION OF THE PARCEL BE MADE WHICH LEAVES REMAINING ANY LOT WITH WIDTH OR AREA BELOW THE REQUIREMENTS STATED IN THIS CHAPTER, EXCEPT TO ALLOW THE ADDITION TO ABUTTING LAND TO MAKE A STANDARD LOT, PROVIDING SUCH SALE DOES NOT THEREBY CREATE A SUBSTANDARD REMAINING LOT.]. 14.20.105 Townsite Historic (TSH) Zoning District. (e) Development Criteria. The development criteria is intended to provide for a district in. which residential and business enterprises cohabit-habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall' (1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. Ordinance No. 1862-2000 Attachment A Page 3 of 8 (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing character and scale of the district. (3) Specific structures and activities which will not be allowed, but are not limited to' (a) Buildings with "modem design style of architecture" that have no historical correlation with the district; [(B) MULTIPLE FAMILY RESIDENCES (EXCLUDING DUPLEXES)];(c) Gas stations; (d) Auto repair shops; [(E) RENTAL STORAGE OF ANY KIND]; (i) Uses. (1) Principal Permitted Uses as allowed in Land Use Table. (2) Conditional Uses: As allowed in the Land Use Table, KMC 14.20.150 and subject to the provision of this chapter. [ 1. SUCH USES MUST BE SIMILAR TO PRINCIPAL USES PERMITTED IN THE ZONE. 2. SUCH USES MUST BE IN HARMONY WITH THE INTENT OF THE ZONE.] 14.20.156 Yearly review. The administrative official 'shall review the operations of the permit holder [EACH YEAR WITHIN SIXTY (60) DAYS FOLLOWING THE ANNIVERSARY OF THE ISSUANCE OF THE CONDITIONAL USE PERMIT] annually to determine whether such permit holder is in compliance with the provisions of this chapter. He shall compile a report based on his review and shall submit his report, along with the report of the permit holder as required by this chapter, to the Commission. 14.20.160 Townhouses. (b) Townhouses shall be subject to the following standards: (8) The developer or subdivider of any townhouse development including common open area, property, or amenities, shall have evidence that compliance with the Horizontal Property Regimes Act, AS 34.07 has been made prior to the sale of any townhouse dwelling units[, AND FURTHER:]. [(A) THE DEVELOPER OR SUBDIVIDER OF ANY TOWNHOUSE DEVELOPMENT SHALL DEPOSIT WITH THE APPROPRIATE HOMEOWNERS ASSOCIATION, FORMED IN COMPLIANCE WITH THE HORIZONTAL PROPERTY REGIMES ACT CITED IN THIS SECTION, A CONTINGENCY FUND 1N THE SUM OF $500 PER DWELLING UNIT IN THE TOWNHOUSE DEVELOPMENT; (B) A COPY OF THE BY-LAWS OF THE HOMEOWNERS' ASSOCIATION SHOWING IN WHAT MANNER THE AFORESAID CONTINGENCY FUND SHALL BE CONTROLLED SHALL BE FURNISHED TO THE CITY FOR REVIEW AND APPROVAL.] 14.20.161 Zero lot line development. (b) Zero lot line development shall be subject to the following standards; Ordinance No. 1862-2000 Attachment A Page 4 of 8 (5) The developer or subdivider of any zero lot line development including common open areas, property, or amenities, shall have evidence that compliance with the Horizontal Property Regimes Act, AS 34.07, has been made prior to the sale of any zero lot line dwelling units[, AND FURTHER:]. [(i) THE DEVELOPER OR SUBDIVIDER OF ANY ZERO LOT LINE DEVELOPMENT SHALL DEPOSIT WITH THE APPROPRIATE HOMEOWNERS' ASSOCIATION, FORMED IN COMPLIANCE WITH THE HORIZONTAL PROPERTY REGIMES ACT, CITED IN THIS SECTION, A CONTINGENCY FtJND IN THE SUM OF $500 PER DWELLING UNIT IN THE ZERO LOT LINE DEVELOPMENT; (ii) A COPY OF THE BY-LAWS OF THE HOMEOWNERS' ASSOCIATION, SHOWING IN WHAT MANNER TH~ AFO~SAID CONTINGENCY FUND SHALL BE CONTROLLED, SHALL BE FURNISHED TO THE CITY FOR REVIEW AND APPROVA~.] (7) Side yard setbacks [SHOULD BE TEN FEET (10') FOR SINGLE FLOOR, FIFTEEN FOOT (15') SETBACK FOR ONE AND ONE-HALF AND TWO STORY] as stated in the Land Development Requirements Table · 14.20.170 Planned unit residential development. (b) Planned Unit Residential Development shall be subject to the following standards: (8) The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Horizontal Property Regimes Act, AS 34.07 has been made prior to the sale of any townhouse dwelling units[, and fimher:]. [(A) THE DEVELOPER OR SUBDIVIDER OF ANY PLANNED I. YNIT RESIDENTIAL DEVELOPMENT SHALL DEPOSIT WITH THE APPROPRIATE HOMEOWNERS' ASSOCIATION, FORMED IN COMPLIANCE WITH THE HORIZONTAL PROPERTY REG~ES ACT CITED IN THIS SECTION, A CONTINGENCY FLrND IN THE SUM OF $500 PER DWELL~G UNIT IN THE TOWNHOUSE DEVELOPMENT; (B) A COPY OF THE BY-LAWS OF THE HOMEOWNERS' ASSOCIATION SHOWING IN WHAT MANNER THE AFO~SAID CONTINGENCY FUND SHALL BE CONTROLLED SHALL BE FURNISHED TO THE CITY FOR REVIEW AND APPROVe.] 14.20.190 Principal structures. (a) Erection of More Than One Principal Structure on a Lot. In any zone more than one (1) principal structure homing a permitted use may be erected on a single lot; provided that, area width and all other development requirements of the zone shall be met for each principal structure as though each structure were on an individual lot except one additional single-family dwelling may be permitted on the same lot provided the principal structure is a single-family dwellin~, and the maximum lot coverage .and setback requirements for the zone are met. (b) Distance Between Buildings on a Lot. No detached dwelling or other main building shall be less than six (6) feet fi'om any other detached dwelling or main building on the same building site. Ordinance No. 1862-2000 Attachment A Page 5 of 8 .14.20.200 Accessory structures. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows' (2)' Covered but unenclosed passenger landings~ [OR] carports or storage sheds not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than three (3) feet to an adjoining lot; (4) A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)(2), setbacks must be maintained if structure requires a building permit. 14.20.240 Mobile homes.. (f) Manufactured and modular homes as defined are exempt fi'om this subsection. 14.20.245 Recreational vehicles. (d) Prohibited Use of Recreational Vehicles. No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the following conditions' (3) While such vehicle is parked on private property and set up for long term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting in, connection to water~ sewer, electrical or natural gas, or exceeding thirty (30) consecutive days. (e) Exceptions to Prohibited Uses. (4) Recreational Vehicles may be set up as living or sleeping quarters by permit in coniunction with an active building permit under the following conditions' 1. During the period of April 1 until October 31. 2. On bona fide construction sites. 3. One recreational vehicle per construction site. 4. Permits are for a maximum of one-hundred eighty (180) days. 14.20.250 Off-street parking and loading requirements. (a) [IN ALL ZONES] For non-residential uses, there shall be provided at the time of construction of any main building or at the time of the alteration, enlargement, or change in use of any main building, permanently maintained off-street parking facilities for the use of occupants, employees, or patrons of such building, It shall be the joint and several responsibility of the owner and/or occupant of any main building or structure to provide, and thereafter maintain, minimum free off-street parking facilities as required below. (b) No existing parking area and no parking area provided for the purpose of complying with the provisions of this chapter shall hereafter be relinquished or reduced in any manner below the requirements herein established. (4) Design Standards. (B) [PARKING AREAS SHALL NOT BE USED FOR SALES DISPLAY, STORAGE, REPAIR WORK, OR ANY PURPOSE OTHER THAN PARKING] Parking areas and front yards as defined in 14.20.320 (b) (75), which includes the required parking spaces, in Ordinance No. 1862-2000 Attachment A Page 6 of 8 commercial use areas shall not be used for storage, repair work or any purpose other than parking, landscaping, signag% or sales displays. A non-conforming use of parking areas and front yards prohibited by this section shall be made to conform to this section within a period of two (2) years after adoption of this ordinance. Exception: Semi-trailers or containers may be parked in these areas .for no more than thirty consecutive days to facilitate unloading. Trucking terminals and bona fide construction sites are exempt; (8) Off-Street Parking Requirements' (See attached Addendum A.) 14.20.280 Public hearings and notifications. (c) Property Owner Notification: [A COPY OF THE AFOREMENTIONED NEWSPAPER] Notification shall be sent by certified mail to real property owners on record on the borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action. This notice shall be mailed not less than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be displayed in at least three (3) public places. 14.20.290 Appeals-Board of adjustment. (a) Appeals from decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within [THIRTY (30)] fifteen (15) days of the decision. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. 14.20.320 Definitions. (b) Specific Definitions: (*Remove numbering and insert these alphabetically.) "Manufactured housing" is a dwelling unit that meets Dept. of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet, has a roof pitch of 4' 12 or greater with shingles and siding co .mmon to standard residential construction is moved on the highway by a licensed commercial trailer and placed on a permanent foundation. "Modular home" means a building constmcte.d as a prefabricated or assembled unit at a place other than .the building site, is wider than sixteen feet, has a roof pitch of 4:12 or greater with shingles and siding common to standard residential construction and is moved on the highway by a licensed commercial trailer and then placed on a permanent foundation. "Mobile home" a structure, transportable in one or more sections, which is built on a permanent chassis in accordance with Dept. of Homing and Urban Development Standards contained in Code of Federal Regulations Title 24, Chapter 20, and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subiect to all regulations apl~lying theret% whether or not wheels, axles, hitch or other appurtenances of mobiliW are removed and regardless of the nature of the foundation provided. Ordinance No. 1862-2000 Attachment A Page 7 of 8 14.22.010 Land Use Table. (See attached Addendum "B.") 14.24.01 Development Requirements Table. (See attached Addendum "B.") 14.24.030 Addendum to development requirements tables. A. Additional Requirements. 1. Minimum Yards. Yards for Comer Lots. The minimum side yard on the street side, or platted fight-of-way, or government easement, of a comer lot shall be the same as the minimum front yard required for that zone. The fi'ont yard shall be determined as being the area between the main entrance to the building and the street, fight of way, or government easement. 2. Maximum Heights. Height Limitation of Structures Near Airport. All structures in aircraft-approach zones and within eight thousand (8,000) feet of the main nmway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA-approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. 14.25.020 Application. This section shall apply to all commercial and industrial development and all development of [$10,000] $20,000 or more in the Townsite Historic Zone (TSH) within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial and industrial development" and "all development" shall be defined as any improvements requiring a building permit for new construction or any improvements of [$10,000] $20,000 or more, which adds square footage, [ALTERS THE EXTERIOR, OR CHANGES THE OCCUPANCY OF THE BUILDING,] located on properties within the Central Commercial (CC), General Commercial (CG), Heavy Industrial (IH), Townsite Historic (TSH), and Light Industrial (IL) zoning districts. It shall be unlawful for any person to construct, erect or maintain any structure, building, fence, or improvement, including landscaping, parking, and other facilities on property designated as a -commercial tract unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. 14.25.030 Landscaping/site plan-Submittal requirements. Three (3) copies of the landscaping/site plan (1 lx14" size) shall be submitted for approval to the Planning Specialist prior to the issuance of a building permit. One copy of the approved plans shall be returned to the applicant; one copy filed; and the third copy showing action taken, filed with the Building Official. The landscaping/site plan shall be prepared at a minimum scale of 1" = 20' and shall include the following information: ... End Ordinance No. 1862-2000 Attachment A Page 8 of 8 DWELLING AND LODGING Hotels, rooming and houses and other structures containing sleeping rooms other than, or in addition to, dwelling units. Mobile Home Parks. Motels. Multiple-family dwellings containing dwelling units. and other places Single-family dwellings, two-family dwellings, and parish houses. INSTITUTIONS AND PUBLIC USES Churches, theaters, auditoriums, and other places of public assembly with fixed seats. Clinics. Day .nurseries, foster homes, and kindergarten. [ELEMENTARY AND JUNIOR HIGH SCHOOLS.] Hospitals, sanitariums, nursing and rest homes. Libraries, exhibition halls, and other places of public assembly without fixed seats. Mortuaries and funeral homes. SPACES REQUIRED One per dwelling unit and one per three guest room. Two per trailer. One per unit. One per efficiency unit; 1-1/2 per One-bedroom unit; and two per two or more bedroom units. Two per dwelling unit. MINIMUM NIJMBER OF PARKING SPACES REQUIRED One per five seats in the principal assembly area. The width of a seat or a bench or pew shall be considered 22 inches. · Three per doctor or dentist or health care professional plus one per exam room or dentist chair plus one-half per employee._. One-half per employee plus one space for every ten (10) children cared for at the facilit3t. [ONE-HALF PER EMPLOYEE.] One per resident and staff doctor plus 1/2 per employee, intern, and nurse, plus one per every five beds plus one per instimtio~ vehicle. 1/2 per employee, plus one per 100 sq. ft. of usable floor area. One per every eight parlor or chapel seats, plus one per funeral vehicle. OFF-STREET PARKING REQUIREMENTS (Suggested Code changes) ADDENDUM "A" Page I of 4 Municipal buildings and public utility buildings. Post offices and telegraph offices. Public Schools [SENIOR HIGH SCHOOLS.] Trade and business schools, music schools, dance studios and other private schools and colleges. COMMERCIAL Automotive service and/or sales. Banks, buildings, and loan companies. Business and professional offices not generally patronized by the public. 1/2 per employee, plus one per official vehicle, plus one visitor space for each 500 sq. ft. of office or display space. One per employee, plus one per 100 sq. ft. of gross floor area. 1/2 Per employee, one per classroom plus one for every ten (10) students in those schools who _are permitted to drive to school. Schools with auditoriums shall provide only the spaces. required here or for the auditorium, whichever is greater.,.. [ONE PER EVERY SEVEN PUPILS, PLUS ONE PER EVERY TWO EMPLOYEES.] 1/2 space per employee plus one per every five students based upon the maximum number attending class at one time. MINIMUM NUMBER OF PARKING SPACES REQUIRED [FOUR PER MAINTENANCE STALL PLUS ADEQUATE SPACES TO ACCOMMODATE ALL NEW AND USED RETAIL UNITS AND CUSTOMER PARKING GENERATED BY RETAIL SALES.] One for each 400 square feet of usable floor area of sales room and one for each auto service stall. One per 300 sq. ft. of gross floor area One per 400 sq. ft. of floor space. Beauty and barber shops. Bowling alleys. Gasoline stations. One per 250 sq. ft. of gross floor area. Four per alley. One for each two gas pumps plus two per grease rack, working bay~ or carwash bay. _ OFF-STREET PARKING REQUIREMENTS (Suggested Code changes) ADDENDUM "A" Page 2 of 4 Grocery store, delicatessen, drug store, or pharmacy. Household services and trades such as carpentry, electrical servicing, plumbing and heating shops, paper hanging, painting, furniture upholstering, decorating shops, and other similar service establishments. Laundry and dry-cleaning pick-up stations. Medical office buildings. Pool halls, billiard parlors. Restaurants, cafes, soda fountains, eating and drinking places, clubs, nightclubs and lodges, etc. Self-service dry cleaning and laundry establishments. Service stations. Skating rinks, dance halls, civic clubs, and similar uses without fixed seats. · Taxicab companies. 1/2 per employee plus one per company vehicle plus one per 2:50 sq. ft. of gross floor area. 1/2 per employee, plus one per company vehicle plus one per 500 sq. ft. of floor area. 1/2 per employee plus one per 500 sq. ft. of gross floor area. Three per doctor or dentist or health care. professional~plus one per exam room or dentist chair plus one-half per employee. Three per table. 1/2 per employee plus one per five seats. One per every four washing machines and/or dry cleaning machines. [Three] One for each two gas pumps plus two per grease rack, [OR] working bay, or .carwash bay.. One (1) for each 200 square feet of gross floor area. One per taxi operated by the company plus one extra space. Nurseries and greenhouses. Retail and wholesale stores of bulky items (e.g. furniture and major appliances). Retail and wholesale stores of non-bulky items. 1/2 per emploYee plus four spaces for customer parking. 1/2 per employee plus one per company vehicle plus one per 800 sq. ft. of sales area. 1/2 per employee plus one per company vehicle plus 300 sq. ft. of sales area. OFF-STREET PARKING REQUIREMENTS (Suggested Code changes) ADDENDUM "A" Page 3 of 4 Warehouses. Wholesale, retail, and commercial storage. Manufacturing industries. Manufacturing research and laboratories. Printing, publishing, and allied industries, welding, blacksmith shops, manufacturing, bakeries, dry cleaning, and dyeing plants. Trucking terminals, storage yard, building contractors, lumber yards, etc. Veterinarian office, dog hospitals, animal clinics, and kennels. One (1) for each 2,000 square feet of gross floor area. 1/2 per employ~ plus one per company vehicle plus two spaces, but a total of no less than four spaces. One per every three employees and officers on the maximum employee shi~, plus one per company vehicle. 1/2 per employee plus one per company vehicle. An additional lot or reserved space shall be provided for visitor parking equal to $ % of the employee parking spaces, but not less than three spaces. 1/2 per employee on the maximum employee shift plus one per company vehicle and five for customer parking. 1/2 per employee plus one per company vehicle, truck, tractor, or trailer stored at the site when not in use, and five for customer parking. 1/2 per veterinarian and employees and two for visitors. OFF-STREET PARKING REQUIREMENTS (Suggested Code changes) ADDENDUM "A' Page 4 of 4 14.22.010 Chapter 14.22 LAND USE TABLE* Sections: 14.22.010 Land use table. Editor's Note: The land use t~bl¢ w~ moved to its own ~ by request of the city. 14.22.010 Land use table. P = Principal Permitted Use C = Conditional Use S = Secondary Use' N = Not Permitted T~I¢ 1 of 3 NOTE: Reference footnotes on following pages for additional re~ct/ons LAND USES C RR RRI R.q P,,ql R~ RU CC CG rL IH R 'rSH RESIDENTIAL One Family Dwelling C" P P .. P . P P P S S~ Sa Sa P P Two/Three Family Dwelling C" P P P P P P S S~ C - , : .P Four Fam/ly Dwelling C~* p C~ P N N P S S~ C C C P Five/Six Fanffiy Dwelling C" C~ N P N N P $ · $~ C C C P · Seven or More Fam/lv Dwelling C" C~ N C~ N N P S S~ C C C P Townhouses" C" C C C C C C C C C C , C C , Mobile Home Pa.q~ Planned Unit Resident/al C~* C C C C C C C C C C C C Development ? COMM£RCIAL Automotive Sales N C C~', N N N C P P P P N N Automotive S~rvice Stafion~ N C C~ N N N C P P P P C N I III Banks N C C~ C N N C P P P C C C Busm~s/Consmn~ S~,vic~ N C C~* C N N C P P P C ~ C I-Iot~l~lot~h N 12 t? 12 N N {2 P ? P t2 {2 P Professional Offi~ N (2 C~* 12 N lq P P ? P P 12 P R~taurant~ Addendum "B" Page 1 of 7 LAND USE TABLE P = Principai Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted Table 2 of 3 NOTE: Reface footnotes on following pages for additional restrictions ,, ZONING DISTRI~ LAND USF~ C RR RR1 RS PSI RS2 RU CC CG IL IH R TSH Retail/Wholesale Business N C C" C N N C P P P P C C Th~Commercial R~on N C C~* C N N C P P C C P C INDUSTRIAL Airports and Related Uses ~ C C'* C~* N N C P P P P C N Automotive Rel~r~re N C C'* C~* N N C P P P P N N o R~ping/Rebuilding Gas Manufacnn~Storage N N C" C" N N N N N C~ C~ N N Manufacttmng~abricmmg/ N C C C N N C C P P P C C Assembly/Storage Warehouses N C C'* C N N C C pa P P C N IN~ONAL Charitable Instittttions C C C C C C P P P P P C P Churches C p~° p~o p~o p~o p~O p~o p~o p~o C C Pi P 0 Clinics C C C C C C C P P P C C C Colleges C C C C C C C P P C C C C Elementary Schools C C C C C C C P P C C C C Governmental Buildings C C C C C C C P P P C C ~ C High Schools C C C C C C C P P C C C C Hospitals C C C C C C C P P P C C C Libraries C C C C C C C~2 p P P C C P Museums C C C C C C C P P P C C P Parks and Recreation P S S S S S S P P S S P P Sanitariums C C C C C C C C C C C C C Addendum "B" P -- Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted Table 3 of 3 NOTE: Reference footnotes on following pages for additional restrictions LAND USES MISCELLAi~OUS Animal Boanting n Bed and Breakfasts Cabin Rentals Cemeteries Cr~mamries Day Cato Centers ~2 Dormitories/Boa~ng Houses Essent~ai Services Farming/Gaixtemng/Generai Agricultur~ Greenhou~ree Nurseries '~ Assemblages ~s (Large: Circuses, Fairs. etc.) Lodg~al Organizations Nursing, Convalescent or Rest Homes Parking, Off-Sueet Parking, Public Lots Private Clubs Radio/TV Trammitm~Cell Sites R~onal Vehicle Parks Social Halls Subsurface Exuacfion of Natural Resources t~ Surface Extraction of Natural Resources ~? Union Hails Addendum "B" FOOTNOTES (1) Allowed as a secondary use except on the ground floor of the pan of the building fronting on collector streets and major highways. (2) One (1) single-family residence per parcel, which is pan of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions: (a) The usable area per dwelling unit shall be the same as that req~ for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-slreet parking, and other development r~imments shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requi~men~ of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the characmr of the surroun~g neighborhood, and will not adversely affect surroun~g property values; (f) The buildings shall be used only for residential purposes and customm'y accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as pan of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access stree~ are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses~ section. (15) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not des~y the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. (10) Provided that no pan of any building is located nearer than thirty (30) feet to any adjoining street or (1 l) Allowed as a conditional use, provided that no pan of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and charactefimcs of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, .provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent uaffic hazards on public (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to a~sure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed a~ a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. Addendum "B" (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Penmt for Surface Exuact/on of Natural Resouwes" section. (l 8) Conditional Use allowed only on privately held pwperty. Not allowed on government lands. (19) Allowed as a conditional use provided that ingress and egress from tim property is from the Kenai Spur Highway. (20)The airport and related uses allowed under this entry are aircraf approach zones per KMC 14. 20. 070 (a)~. Addendum "B" 14.24.010 Chapter ~4~.4 DEVELOPMENT REQUIREMENTS TABLES* Sections: 14.24.010 14.24.020 14.24.030 Minimum lot area ral~en~ General requirements. Addendum to development r~quirements tables. Editor's Not~: 1~ developme~ tequizeme~ tables were moved to their own chapter by requeax of the city. 14.24.010 Minimum lot area requirements. DEVELOPMENT REQ~$ TABLE Note: 1. Listed square footages are the minimum required for each zone. 2. Greater lot square footages may be required to satisfy Alaska Deparm~nt of Environmental Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary. (Amended during 7-7-99 supplemem) 14.24.020 General requiremems. ~ 14.24.020 DEVELOPME~ REQ~S TABLE USES ~/RR RRI RS RSI RS~ RU/TSH IL IH CC CG R MINIMUM LOT WIDTH (feet) 90 90 60 60 60 60 90 MINIMUM YARD ~ (f~t) Front 25 2.5 25 2~ 25 10 25 Side~ One-story; 15 15 5 5 5 5 See individual 15 Daylight Basement/Split Level~ 15 15 10 10 10 5 sections of Code for 15 Two-story': 15 15 15 15 15 5~ the requimn~ 15 R~ 20 20 20 20 20 10~ ~ LOT ¢O~G£ 30~ ~0~ 30~ ~0~ 30~ 40~ 30~ MAXIMUM H~GHT (ia feet) 35 35 35 35 35 FOOTNOTES: 1. Side setbacks are determined independently from the front view of the stm~e. Plot plan/As-built will _di._~ri_n~lmi~'sh single alld two-story pO~Om of building to verify setb~ distances are met. 2. Story is that portion of a building included between the upper surface of any floor and the upper sudac~ of the floor next above or the ce/ling or roof above. One-story is defined as a story having direct ~ from grade level without a lower story. A structure having a lower story situated below a one-story is considered a one-story su'ucture in its entirety. Two-story is defined az one-story plus more than one-h~f (1/2) the heist of the lower story all situated above grade. Daylight basement/split level is defined as one-story plus less than one-haft (1/2) the he/iht of the lower story all situated above grade. For purposes of these foomotes, Grade is defined as the lowest point of elevat/on of the fin/shed surfac~ of the ground between the building and a line five (~) feet from the bu/lding. Except that for each story over two (2) stories, each side and rear yard shall be/ncreased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. (Amended during 7-7-99 supplement) Addendum "B" New Removes asbuilt requirement. Housekeeping Has not been done. Housekeeping Has not been done. Housekeeping Fees have not been collected. 4.05.035 Inspections. Section 108.5.6 of the Uniform Building Code as adopted by this chapter is amended to rend: On new and enlarged structures, the Building Official shall require the submission of an as-built survey as performed by a state registered land surveyor prior to final inspection if it is deemed necessnrg to comply with K. MC Title 14 setback reo_uirements and Building Code regu_lafion~. 14.10.010 GeneraL [(d) FINAL PLATS SUBMITTED TO THE BOROUGH FOR APPROVAL WILL BE SUB~'ITED BY TIlE BOROUGH TO SAID CITY FOR REVIEW WHEN THE DESIGN DEVIATES FROM THE PRELIMIN~Y PLAT IN A MANNER WHICH HAS NOT BEEN RECOMMENDED BY THE crrY. IN SUCH INST~CES, THE CITY PLANNING COMMISSION SHALL HA~ 49 DAYS FROM THE DATE OF RECEIPT IN WHICH TO REVIEW THE FINAL PLAT AND TAKE ACTION.] 14.10.030 Jurisdiction and procedure. (a) It shall be unlawful for any person being the owner, agent, or person having control of any land within the City of Kenni to subdivide or lay out such land in lots, unless by a plat, in accordance with the regulations contained herein. A preliminary plat shnll [FIRST] be submitted to the [KENAI PENINSULA BOROUGH PLANNING DEPARTMENT FOR STUDY. ~ COPIES WILL BE FURNISHED BY THE BOROUGH TO THE] City of Kenni[,] who shall make recommendations to the Borough Planning Commission. [14.10.050 FILING FEES.] [THE PRELIMIN~Y PLAT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF $.0.50 PER LOT AND SHALL NOT EXCEED $25.] PLANNING AND ZONING SUGGES~ CHANGES TO TITLE 14 Att~hment B Page I of 11 HOusekeeping No city health officer or sanitarian. HoUsekeeping ,, Housekeeping City does not want to be responsible to place numbers on buildings. Charge quoted would not cover city employee's time and materials. Change makes property owner responsible for numbering. Housekeeping 14.10.070 SubdivisiOn design standards. (e) Lots: (5) In subdivisions where septic tanks or other individual sewage disposal devices are to be installed, the size of all lots included in such subdivision shall [BE SUBJECT TO THE APPROVAL OF THE CITY SANITARIAN OR HEALTH OFFICER OF THE CITY OF KENAI. THE APPROVAL OF THE CITY SANIT~ SHALL BE BASED UPON THE ALASIG~ STATE BOARD OF HEALTH REQUIRF_MENTS. HE SHALL NOTIFY THE DEVELOPER AND ~ CITY PLANNING COMMISSION, IN WRITING, OF HIS FINDINGS] meet Kenm Peninsula Borough requirements. 14.15.010 Uniform numbering system'. (b) All streets and other public ways shall be named as follows: (3) All subdivision plats shall be submitted to the [PUBLIC WORKS DIRECTOR] Planning and Zoning Administration for review and approval prior to final approval by the Planning and Zoning Commission. 14.15.060 Su~ey, placement, and size of numbers. (b) Such number or numbers shall be placed on existing buildings on or before the effective date of this chapter and within twenty (20) days after the assigning of the proper number in the case of numbers assigned after the effec~ve date of this chapter. The cost of the numbers shall be procured and paid for by the property owner. The numbers used shall be not less than three (3) inches in height and shall be made of a durable and clearly visible material. [IF THE PROPER NUMBER IS NOT PLACED ON AN EXISTING BUILDING ON OR BEFORE THE EFFEC~ DATE OF THIS CHAPI'E~ IT SHALL BE THE DUTY OF 'H-IE DIRECTOR OF PUBLIC WORKS TO HAVE INSTALLED THE PROPER NUMBER OR NUMBERS ON SAID PREMISES AS HEREINAFI'ER SET FORTH AND TO MAKE A CHARGE OF TEN DOLLARS ($10.00) FOR EACH SET OF NUMBERS SO INSTAl. LED.] 14.18.080 Plat book. For the purpose of facilitating a correct numbering, a plat book of all streets, avenues, and public ways within the City showing the proper numbers of all houses or other buildings fronting upon all ~ts, avenues, or public ways shall be kept on file in the office of the [DIRECTOR OF PUBLIC WORKS] Building Official. These plats shall be open to inspection of all persons during the office hours of the City ofKenai. (KMC 14-68) PLANNING AND ZONING SUGGES~ CHANGES TO TITLE 14 Attachment B Page 2 of 11 ,,, Housekeeping Housekeeping New Corrects conflict with building code. 14.1~.090 [DIRECTOR OF PUBLIC WORKS] Buiidin~ Official It shall be the duty of the [D~CTOR OF PUBLIC WORKS] Building Official to inform any party applying therefore of the number or numbers belonging to or embraced within the limits of any said lot or property as provided in this chapter. [case of conflict as to the proper number to be assigned to any building, the said IRECTOR OF PUBLIC:WORKS] Building,Official shall determine the number of said building. 14.15.100 Owner to procure number. Whenever any house, building, or structure shall be erected or located in the City of Kenai after the establishment of a uniform system of house and braiding numbering has been completed, in order to preserve the continuity and uniformity of numbers of houses, buildings, or other structures, it shall be the duty of the owner to procure the correct number or numbers as designated from the [DIRECTOR OF PUBLIC WORKS] BUilding Official for the said property and to immediately fasten the said number or numbers so assigned upon said building as provided by this chapter. No building permit shall be issued for any house, braiding or structure until the owner has procured from the [DIRECTOR OF PUBLIC WORKS] Building Official the official number of the premises. Final approval of any structure erected, repaired, altered, or modified after the effective date of this chapter shall be withheld by the City Building Inspector until permanent and proper numbers have been affixed to said structure. 14.20.020 Application of regulations. [(E) EVERY BUILDING HEREAFTER ERECTED SHALL BE LOCA~D ON A LOT AS HEREIN DEFINED, EXCEPT THAT, IF TWO OR MORE CONTIGUOUS LOTS ARE UNDER THE SAME OWNERSHIP, A BUILDING MAY STRADDLE THE INTERIOR LOT LINE OR LINES PROVIDED THAT NO INTERIOR PARTITION OF 'DIE BUILD~G FALLS ON A LOT LINE SO THAT SUCH PORTION COULD BE SOLD SEPARATELY FROM THE REMAINDER OF THE BUll.DING. TttlS WO[R/) NOT PRECL~E THE SALE OF SUCH PROPERTY AS CONDOMINIUMS OR TOWNHOUSES PROVIDED THEY ARE BUILT AS SUCH.] PLANNING AND ZONING SUGGESTED CHANGES TO TITLE 14 Attachment B Page 3 of 11 New Impossible to enforce. 14.20.050 Non-conforming lots, structures, and uses. (c) Non-Confo~g Lots of RecorcL In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and accessory braidings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage w/th other lots/n the same ownership. Th/s pix)v/sion shall apply even though such lot fails to meet the requirements for area or w/dth, or both, if the lot conforms to the regulation for the zone in which such lot is located. Except/on to development requ/remems shall be obtained only through the variance procedures established in tiffs chapter. [iF TWO OR MORE LOTS OR COMBINATIONS OF LOTS AND PORTIONS OF LOTS WITH CO~OUS FRONTAGE IN SINGLE OWNERSt/IP ARE OF RECORD AT THE TIME OF PASSAGE OR AMENDMENT OF THIS ORDINANCE CHAPTER, AND IF ALL OR PART OF THE LOTS DO NOT MEET REQUIREMENTS FOR LOT WIDTH AND AREA AS ESTABLISHED BY THIS CHAPTEI~ THE LANDS INVOLVED SHALL BE CONSIDERED TO BE AN UNDIVIDED PARCEL FOR THE PURPOSES OF TttIS CHAPTER, AND NO PORTION OF SAID PARCEL SHALL BE USED OR SOLD WHICH DOES NOT MEET LOT WIDTH AND AREA REQUIREMENTS ESTABLISHED BY TItlS CHAPTER, NOR SHALL ANY DIVISION OF THE PARCEL BE MADE WHICH LEAVES REMAINING ANY LOT WITH WIDTH OR AREA BELOW ]TIE REQIJIREMENTS STATED IN THIS CHAPTER, EXCEPT TO ALLOW THE ADDrFION TO ABUTTING LAND TO MAKE 'A STANDARD LOT, PROVIDING SUCH SALE DOES NOT THEREBY CREATE A SUBSTANDARD REMAINING LOT.] PLANNING AND ZONING SUGGES~ CHANGES TO TITLE 14 Attachment B Page 4 of 11 Housekeeping Corrects conflict with Land Use Table. Housekeeping Provides consistency with section 14.20.1S0. Housekeeping Provides flexibility for administration and allows all permits to be reviewed at the same 14.20.105 Townsite Historic (TSH) Zoning District. (e) Development Criteria. The development criteria is intended to provide for a district in which residential and business enterprises cohabit-habitat as a desirable and compatible use. AH proposed construction, renovation, demolition, or alteration shall: (1) Encourage, whenever ~possible and compatible with historic character .of the TSH zone, foot ~c; restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scemc quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing character and scale of the district. (3) Specific structures and activities which will not be allowed, but are not limited to: (a) Buildings with "modem design style of architecture" that have no historical correlation with the district; [(B) MULTIPLE FAMT[,Y RESIDENCES 0EXCLUDING DUPES)]; (c) Gas stations; (d) Auto repair shops; [(E) RENTAL STORAa ANY KIND]; (i) Uses. (1) Principal Permitted Uses as allowed in Land Use Table. (2) Conditional Uses: As allowed in the Land Use Table, KMC 14.20.150 and subject to the provision of this chapter. [1. SUCH USES MUST BE SIMH~AR TO PRINCIPAL USES PERMI'I-I'ED IN THE ZONE. 2. suci uses MUST nE IN HARMO wrrH THE m Ewr oF THE ZONE.] 14.20.156 Yearly review. The administrative official shall review the Operations of the permit holder [EACH YEAR WITHIN SIXTY (60) DAYS FOLLOWING THE ANNIVERSARY OF THE ISSUANCE OF THE CONDITIONAL USE PERMIT] annually to determine whether such permit holder is in compliance with the provisions of this chapter. He shall compile a report based on his review and shall submit his report, along with the report of the permit holder as required by this chapter, to the Commission. PLANNING AND ZONING SUGGESTED CHANGES TO TITLE 14 Attachment B Page 5 of 11 HOusekeeping Not done~City doesn't want legal responsibility. Housekeeping Not done ~ity doesn't want legal responsibility. Housekeeping Provide consistency in the code. 14.20.160 Townhouses. Co) Townhouses shall be subject to the following standards: (8) The developer or subdivider of any townhouse development including common open area, property, or amemties, shall have evidence that compliance with the Horizontal Property Regimes Act, AS 34.07 has been made prior to the sale of any townhouse dwelling units[, AND FURTHER:]. - [(A) THE DEVELOPER OR SUBDIVIDER OF ANY TOWNHOUSE DEVELOPMENT SHALL DEPOSrr WITH THE APPROPRIATE HOMEOWNERS ASSOCIATION, FORMED IN COMPLIANCE wrrH THE HORIZONTAL PROPF~TY REGIMES ACT CITED IN TI{[S SECTION, A CONTING~CY FUND IN THE SUM OF $500 PER DWELLING uNrr IN THE TOWNHOUSE DEVELOPMElqT; (B) A COPY OF THE BY-LAWS OF THE HOMEOWNERS' ASSOCIATION SHOWING IN WHAT MANNER THE AFO~SAID CONTINGENCY FUND SHALL BE CONTROLLED SHALL BE FURNIS~D TO THE CITY FOR REVIEW AND APPROVAL.] 14.20.161 Zero lot line development. (b) Zero lot line developmem shall be subject to the following standards; (5) The developer or subdivider of any zero lot line developmem including common open areas, property, or amenities, shall have evidence that compliance with the Horizontal Property Regimes Act, AS 34.07, has been made prior to the sale of any zero lot line dwelling units[, AND FUR~R:]. [(i) THE DEVELOPER OR SUBDIVIDER OF ANY ZERO LOT LINE DEVELOPMENT SHALL DEPOSrr WITH THE APPROPRIATE HOMEOWNERS' ASSOCIATION, FORMED IN COMPL~CE WITH THE HORIZONTAL PROPERTY REGIMES ACT, CITED IN THIS SECTION, A CONTINGENCY FUND IN THE SUM OF $500 PER DWELLING UNIT IN THE ZERO LOT LIblE DEVELOPMENT; (ii) A COPY OF THE BY-LAWS OF THE HOMEOWNERS' ASSOCIATION, SHOWING IN WHAT MANNER THE AFORESAID CONTINGENCY FUND SHALL BE coNTROLLED, SHALL BE FURNISHED TO THE CITY FOR REVIEW AND APPROVAL.] (7) Side yard setbacks [SHOULD BE TEN FEET (10') FOR SINGLE FLOOR, idFI'EEN FOOT (15') SETBACK FOR ONE AND ONE-I-I~ AND TWO STORY] as stated in the Land Devel0Pment Requirements Table PLANNING AND ZONING SUC~ESTED CHANGES TO TITLE 14 Attachment B Page 6 of 11 Housekeeping Not done--City doesn't want legal responsibility. New Allows property owners to build second structure "mother-in-law house" if lot size is large enough to aeeommodate structure. Housekeeping Clarifies setback requirements for accessory structures. 14.20.170 Planned unit residential development. (b) Planned Unit Residential Development shall be subject to thc following (8) The developer or subdivider of any Planned Unit Residential Development including common open area, property, or amenities, shall have evidence that compliance with Horizontal Property Regimes Act, AS 34.07 has been made prior to the sale of any townhouse dwelling units[, and furth~]. [(A) THE DEVELOPER OR SUBDIVIDER OF ANY PLANNED tJNIT RESIDENTIAL DEVELOPMENT SHALL DEPOSIT WITH THE APPROPRIA~ HOMEOWNERS' ASSOCIATION, FORMED COMPLIANCE WITH THE HORIZONT~ PROPERTY REGIMES ACT CITED IN THIS SECTION, A CONTINGENCY FUND IN Tt~ SUM OF $500 PER DWELLING UNIT IN THE TOWNHOUSE DEVELOPMENT; (B) A COPY OF THE BY-LAWS OF THE HOMEOWNERS' ASS~L~TION SHOWING IN WHAT MANNER THE AFO~SAID CONTING~CY FUND SHALL BE CONTROLLED SHALL BE FURNISHED TO THE CITY FOR RE~W AND APPROVAL.] 14.20.190 Principal structures. (a) Erection of More Than One Principal Structure on a Lot. In any zone more than one (1) principal structure housing a permitted use may be erected on a single lot; provided that, area width and all other development rcquircment~ of the zone shall be met for each principal structure as though each structure were on an individual lot except one additional single-family dwelling mag I~ I~tm_itted on the same lot provided the principal structure is a single-family dwelling., and the maximum lot coverage and setback requirements for the zone are met. (b) Distance Between Buildings on a Lot No detached dwelling or other main building shall be less than six (6) feet from any other d~tachcd dwelling or main bmldin§ on the same building site. 14.20.200 Accessory structures. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: (2) Covered but unenclosed passenger landings, [OR] carports or storage sheds not more than one (1) story in height may extend into either side yard or rear yar~ but such structure shall not be closer than three (3) feet to an adjoining lot; (4) A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(aX2)~ setbacks_ m_ust~ be maintained if structure requires a building ~rmit. PLANNING AND ZONING SUGGES~ CHANGES TO TITLE 14 Attachment B Page 7 of 11 New--adds manufactured and modular homes. New/Housekeeping Housekeeping Clarifies long-term use. New Allows an exception for RV use. Housekeeping/New See Addendum "A' Housekeeping Clarifies off-street parking for non- residential uses. New To alleviate improper use of parking areas for storage. 14.20.240 Mobile homes. (f) Manufactured and modular homes ~s defined are exempt from thi~ subsection. _ 14.20.245 Recreational vehicles. (d) Prohibited Use of Recreational Vehicles. No person may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations under any of the follow/ng conditions: (3) While such vehicle is parked on private property and set up for long term use. Long term use includes, but is not limited to, connection to external fuel tanks or natural gas, skirting irt, connection to water,....sewer, electrical, or exceeding thirty (30) consecutive days. (e) Exceptions to Prohibited Uses. (4) Recreational vehicles may be set up ~s living or sleeping q,~rt_ers by permit in c..onjuncfion with an active building permit under the following conditions.: 1. During the period of April. 1 until October 31. 2. On bona fide construction sites. 3. One recreational vehicle per construction site. 4. Permits are for a maximum of one-hunted eightg (180) ~¥s. 14.20.250 Off-street parking and loading requirements. (a) lIN ALL ZONESI For non-residential uses, there shall be provided at the time of construction of any main building or at the time of the alteration, enlargemem, or change in use of any main building, permanemly maintained off-street parking facilities for the use of occupants, employees, or patrons of such building. It shall be the joim and several responsibility of the owner and/or occupant of any main building or structure to provide, and thereafter maintain, mimmum free off-street parking facilities as required below. (b) No existing parking area and no parking area provided for the purpose of complying with the provisions of this chapter shall hereafter be relinquished or reduced in any manner below the requirements herein established. (4) Design Standards. 03) [pARKING AREAS SHALL NOT BE USED FOR SALES DISPLAY, STORAGE, REPAIR WORK, OR ANY PURPOSE OTHER THAN PARKING] Parking areas and front _yards .as defined in 14.20.320 (b) (75), which includes the reauired parking spaces, in conunercial u~ ar_m__s sh~!l not be :;sod for stom_ue, re~air work or any purpose other th~ _.~n.u..~ landscaping, silage, or sales displays. A non-conforming me of parldn_ou _u___rens and front yards prohibited by this section shall be made to conform__ to this section within a period of two (2) years after adoption of this ordinance. Exception: S.e...mi-trai!ers or containers may be parked in these __are_as for no more than thirty consecutive days to facilitate ,nloading. Tracing terminals and bon~ fide c. onstmction sites are exempt; (8) Off-Street Parking Requirements: (See attached Addendum A.) PLANNING AND ZONING SU~STED CHANGES. TO TITLE 14 Anachment B Page 8 of 11 Housekeeping Time constraints make it impossible to send a copy of the newspaper ad. New Shortens appeal period. New Adds definitions for manufactured housing and modular homes. 14.20.280 Public hearings and notifieation~ (c) Property Owner Notification: [A COPY OF TttE AFO~ONED ' NEWSPAPER] _Notification shall be sero by certified mail to real properly owners on record on the borough assessor's records within a 300-foot periphery of the i parcel affected by the proposed action. This notice shall be mailed not less than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners! shall be required, but notices shall be displayed in at least three (3) public places. 14.20.290 Appeals-Board of adjustment. (a) Appeals from decisions of the admimstrative official or the Commission must be submitted in writing to the City Clerk within [THIRTY (30)] .,fifteen (15) days of the decision. The appeal shall be heard by the Kenai City Council acting ~ the Board of Adjustment. 14.20.320 Definitions. (b) Specific Definitions: (*Remove numbering and insert these alphabetically.) "Manufactured housin "is a dwellin unit that meets De . of Housin and Urban :Develo men.t Standards for manufactured housm and is wider than sixteen feet resmentml construcuon is moved on the higb.._w]~.~~~ensed commercial trailer and placed on a permanent foundotion. "Modular home" means a_ buildin constructed as a refabricated or assembled itch of 4:12 or eater with shin es and sidin common to standard residential construction and is moved on the hi then placed on a permanent found~_n_'on. '~iobile home" a structure, .transonic in one or more sections, which is built on a permanent chassis in accordance with Dept. of Ho,sing a_nd Urba~ Deveiopmem Standards confined in Code of Fed_emi Regu_!ations Title 24, Chn~er 20, and designed to be used as a dwelling unit, with-or without a permanent foundation when connected to the required utilities. A mobile home is subject to al! PLANNING AND ZONING SUGGES~ CHANGES TO 'ITR,E 14 Attachment B Page 9 of 11 , Housekeeping Foomote 20 brin~ table into eomplinnee with ordinance text. Housekeeping Adds requirements for Conservation Zone. Housekeeping Defines front yard. "'~4ousek~ping Increases $ amount of building permit that requires landscape/site plan review and redefines development. 14.22.010 Land Use Table. (See attached Addendum "B.") 14.24.010 Development Requirements Table. (See attached Addendum "B.") 14.24.030 Addendum to development requirements tables. A. Additional Reqmrements. 1. Minimum Yards. Yards for Comer Lots. The minimum side yard on the street side, or platted fight- of-way, or government easement, of a comer lot shall be the same as the minimum front yard required for that zone. The front yard shall be determined as being the .area. between the main entrance to the building and the street, fight of way, or government easement. 2. Maximum Heights. Height Limitation of Structures Near Airport. All structures in aircraft-approach zones and within eight thousand (8,000) feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA-approved Kenai Airport Master Plan. drawings which are on file at Kcnai City Hall. 14.25.020 Application. This section shall apply to all commercial and industrial development and all development of [$10,000] $20,000 or more in the Townsite Historic Zone (TSH) within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial and industrial development" and "all development" shall be defined as any improvements requiring a building permit for new construction or any improvements of [$10,000] $20~000 or more, which adds square footage, [ALTERS THE EXTERIOR, OR CHANGES TtOE OCCUPANCY OF THE BUH. DING,] located on properties within the Central Commercial (CC), General Commercial (CG), Heavy Industrial (IH), Townsite Historic (TSH), and Light Industrial (IL) zomng districts. It shah be unlawfiil for any person to construct, erect or maintain any structure, building, fence, or improvement, including landscaping, parking, and other facilities on property designated as a commercial tract unless such improvements are constructed or reconstructed in a manner consistent with the approved platL PLANNING AND ZONING SUGGESTED CHANGES TO TITLE 14 Aaachment B Page 10 of 11 Housekeeping Requires plan be submitted in a size that can be copied. 14.25.030 Landscaping/site plan-Submittal requirements. Three: (3) copies of the landscaping/site plan (1 lx14" size) shall be submitted for approval to the Planning Specialist prior to the issuance of a building permit. One copy of the approved plans shall be returned to the applicant; one copy filed; and the third copy showing action taken, filed with the Building Official. The landscaping/site plan shall be prepared at a minimum scale of 1" -- 20' and shall include the following information:... End PLANNING AND ZONING SUGGESTED CHANGES TO TITLE 14 Attachment B Page 11 ofll Suggested by: Administration City of Kenai RESOLUTION NO. 2000-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFER~NG $1,569 IN THE GENERAL FUND FOR ROOF REPAIRS AT THE RECREATION CENTER. WHEREAS, the low bid for Recreation Center roof repairs was $37,500; and WHEREAS, the account balance in the Building Department repair and maintenance account is $35,931; and WHEREAS, money is available for transfer from the buildings account. General Fund From: Buildings- Buildings $1,569 To' Buildings - Repair & Maintenance $1,569 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2000. JOHN J. WILLIAMS, MAYOR ATTEST: Sheryl A. Padilla, Acting City Clerk Approved by Finance' (5/10/2000) kl Suggested by: Administration City of Kenai RESOLUTION NO. 2000-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $1,600 IN THE AIRPORT TERMINAL ENTERPRISE FUND FOR COMMUNICATIONS. WHEREAS, the Airport Terminal communications budget is insufficient to cover anticipated expenses; and WHEREAS, sufficient funds are available in the utilities account to cover the shortfall. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Terminal Enterprise Fund From: Utilities $1,600 To: Communications $1,600 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, May, 2000. this 17th day of JOHN J. WILLIAM S, MAYO R ATTEST: Sheryl A. Padilla, Acting City. Clerk _// Approved by Finance: ~ (5/9/~000) ka Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2000-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO HANSEN'S ROOFING FOR THE KENAI RECREATION CENTER BUILDING ROOF REPAIRS - 2000 FOR THE TOTAL AMOUNT OF $37,500. WHEREAS, the following bids were received on May 10, 2000: BIDDER Peninsula Roofing, Inc. Hanson's Roofing TOTAL $56,871.68 $37,500.00 WHEREAS, Hanson's Roofing's bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Hanson's Roofing; and, WHEREAS, the Council of the City of Kenai has determined that Hanson's Roofing's bid is a responsible bid and 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 bid for the Kenai Recreation Center Building Roof Repairs - 2000 be awarded to Hanson's Roofing for the total amount of $37,500. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May 2000. JOHN J. WILLIAMS, MAYOR ATTEST: Sheryl A. Padilla, Acting City Clerk Approved by Finance: Suggested by: Administration City of Kenai RESOLUTION NO. 2000-23 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA EXTENDING THE BANKING SERVICES AGREEMENT WITH NATIONAL BANK OF ALASKA. WHEREAS, National Bank of Alaska was awarded a three-year contract for banking services which expires July 31, 2000; and WHEREAS, the banking services request for proposal allows extension of the contract for two additional one-year terms; and WHEREAS, National Bank of Alaska has proposed a reduction in the cost of services to the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the banking services contract with National Bank of Alaska be extended to July 31,2001. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 2000. ATTEST: JOHN J. WILLIAMS, MAYOR Sheryl A. Padilla, Acting City Clerk Approved by Finance: (S/~/~000) 1<1 KENAI HAI~OR COMMISSION MEETING MAY 8, ~000 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3- APPROVAL OF MINUTES ao ITEM 4: March 6, 2000 April 10, 2000 x PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BUSINESS a. Discussion -- Harbor Rate Schedule ITEM 6- NEW BUSINESS a. Discussion -- Finance Director Larry Semmens/Boating Facility Accountin§ Chan§e. ITEM 7: REPORTS ao Director Dock Foreman City Council Liaison Scrapbook Information ITEM 8: COMMISSIONERS COMMENTS/OUESTIONS ITEM 9' INFORMATION a. Kenai City Council Action Agendas of April 5 and 19, 2000. ITEM 10- ADJOURNMENT KENAI HARBOR COMMISSION MEETING May 8, 2000 KENAI COUNCIL CHAMBERS 7:00 P.M. MINUTES ITEM 1: CALL TO ORDER/k ROLL CALL Vice Chairman Thompson called the meeting to order at 7'00 p.m. Present: Absent: Others Present: Eldridge, Wemer-Quade, Peters, Spracher, Thompson McCune, Jahrig Councilman Bookey, Public Works Manager Kornelis, Contract Secretary Barb Roper ITEM 2: AGENDA APPROVAL Eldridge MOVED to approve the Agenda. Motion SECONDED by Spracher. Agenda was approved as presented. ITEM 3' APPROVAL OF MINUTES ¥ March 6, 2000 and April 10, 2000 Wemer-Quade MOVED to approve the Minutes of March 6, 2000 and April 10, 2000 and asked for UNANIMOUS CONSENT. Motion SF~ONDED by Eldridge. ilO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD - None ITEM 5: OLD BUSINESS a. Discussion- Harbor Rate Schedule Director Komelis informed the Commission that the rate for diesel fuel at the dock was increased and the new rate is reflected on the Harbor Rate Schedule. ITEM 6: NEW BUSINESS Discussion- Finance Director Larry Semmens/Boating Facility Accounting Change. Finance Director Semmens was not available for the discussion but Kornelis reported that Harbor revenue will now go directly to the General Fund. HARBOR COMMISSION MINUTES May 8, 2000 Page 2 of 3 ITEM 7: REPORTS bo C. d, ITEM 8: Director- Komelis reported that ten thousand tickets were ordered for boat launches and parking. The City ran short of tickets last year. Interviews will begin on May 9th for the summer hire for the dock. Komelis will be meeting with the Parks and Recreation Director and the police department to discuss the upcoming dip net fishery and how it should be handled. Komelis indicated that Cook Inlet Keepers donated approximately 500 tide books. These books are available at the dock and City Hall. Wemer- Quade asked if the clean boat brochure was available from the Cook Inlet Keeper group as well. Kornelis replied the information was included in the tide book. Komelis reported a person was upset that the wharfage fee was too high. Discussion ensued regarding the current rate of. lO/lb for product wharfage and .OS/lb for non-product wharfage. Eldridge MOVED to recommend that the wharfage rate be changed to .07/lb for product wharfage and .04/lb for non-product wharfage. Motion SECONDED by Wemer-Quade. Voice Vote - All in Favor- SO ORDERED. Dock Foreman- No report City Council Liaison - Councilman Bookey stated that Council just got through the budget process and there are no drastic changes. Council has been busy with various tree issues. Scrapbook Information - Wemer-Quade indicated that she had nothing new to add to the scrapbook but noted that the individual who agreed to provide input on shorebirds will no longer be available. COMMISSIONERS COMMENTS/QUF~TIONS Commission Eldridge asked for an update on the Coastal Trail. Kornelis reported that he and Mayor Williams went to Juneau regarding the project. Everyone they talked to was very receptive to the idea but funding continues to be a problem. Discussion took place on various funding sources and Councilman Bookey advised that everyone is aware of the City's desire for the trail. HARBOR COMMISSION MINUTES May 8, 2000 Page 3 of 3 Commissioner Thompson asked about the fire training ground idea presented by Mayor Williams at a previous meeting. Kornelis stated that he spoke with the Corps of Engineers and Fish and Game and neither group will allow that type of facility near the river. Commissioner Wemer-(~uade reported that the June 12 meeting will be her last. She is resigning due to health concerns and will provide the City Clerk with a letter of resignation. Katie Peters will take over the scrapbook responsibilities. Wemer-Quade apologized for missing the last meeting and the Volunteer's Appreciation Dinner. It was noted that Volunteer dinner was very well attended and a lot of fun. Thompson thanked the City for the superb job in organizing the function. ITEM 9: INFORMATION ao Kenai City Council Action Agendas of April 5 and 19, 2000. The next Harbor Commission meeting is scheduled for June 12, 2000. Thompson indicated he would be out of town at that time. ITEM 11: ADJOURNMENT Eldridge MOVED to adjourn. Meeting adjourned at 7:40 p.m. Recorded and Transcribed by: Barbara L. Roper, Contract Secretary 5-t t-O0 Teresa Wemer4~ade 409 McCollum Dr. Kena/, AK 996'11 Mayor and City Council of Kenai, AK The Harbor Commission meeting of June t2th wilt be my last. Thank you for the oppommity to volunteer, learn, and be an /ntegrai part of city growth and development. I thank you fbr the many experiences I have gained in the past eight years. Teresa Wemer-Quade KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTMTY ROOM MAY 2~ 2000 7:30 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROV~ ITEM 3: APPROVAL OF MINUTES -- April 4, 2000 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: REPORTS Director Friends of the Library City Council Liaison ITEM 6: OLD BUSINESS ITEM 7' NEW BUSINESS Discussion -- Library Staffing Discussion -- Commission Member Replacement ITEM 8: COMMISSIONERS' COMMENTS/OUESTIONS ITEM 9: INFORMATION ao Kenai City Council Action Agendas of April 5 and 19, 2000. ITEM 10: ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTMTY ROOM APRIL 4, 2000 7:30 P.M. CHAIR BOB PETERS, PRF~IDING ITEM 1' CALL TO ORDER ih ROLL CALL Chairman Peters called the meeting to order at 7'30 p.m. The roll was taken as follows- Present: Absent: Others Present: Hues, Brown, Peters, Brenckle, and Haring (7:45) Rodes, Forbes Department Assistant Corey Hall and Contract Secretary Kellerby ITEM 2' AGENDA APPROVAL MOTION: Commissioner Heus MOVED to approve the agenda as presented and Commissioner Brown SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- April 4, 2000 MOTION: · Commissioner Heus MOVED to approve the minutes of the April, 2000 meeting with the amendment to "Item 8' Commissioners Comments/Questions- $4,000 for a data base should be $400,000 and Commissioner Brown SECONDED the motion. There were no objections, ilO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: REPORTS 5-a. Director - Corey Hall gave the Director's report. Director Jankowska was attending the final budget work session at City Hall and was unable to be present. Hall reported, during discussion at the last work session, council was notified there was not adequate staffing at the library and Jankowska was asked to develop job descriptions to cover the duties needed. Hall noted, job descriptions for a full time electronic services librarian and a part-time department assistant were developed and copies were distributed to the Commission. Scheduling of staff, duties not getting done, and quality of service to the public were discussed. Hall also reported on "Turn Off TV Week" and "The Young Writer's Conference." 5-b. Friends of the Library - Commissioner Brown reported they had approved $400 to be used to assist the Young Writer's Conference and that many memorials were received in Marj O'Reilly's name. Brown also reported the Kenai River Festival would be held on June 10 and 11 and the Friends will have a booth there. The Friends are also working on their summer book sale and an opening on the Board would come available in June. Brown added, over $50,000 was in their building fund, $5,000 in their general fund, and 151 members. City Council Liaison - None ITEM 6: OLD BUSINESS It was reported the City of Kenai and the Library Commission sent flowers for Marj O'Reilly's memorial service. ITEM 7: NEW BUSINESS Discussion -- Library Staffing Chair Peters reported on some of the options being considered to help with library staffing. 6-b. Discussion - Commission Member Replacement Haring reported on her progress with recruiting a person as her replacement on the Commission. ITEM 8: COMMISSIONERS COMMENTS/QUESTIONS Peters reported on some issues he felt were important to consider and suggested the Commission attend the budget meeting after the Commission meeting adjourned. ITEM 9: INFORMATION 9-a. Kenai City Council Action Agendas of April 5 and 19, 2000. ITEM 10: ADJOURNMENT MOTION: Commissioner Heus MOVED to adjourn and Commissioner Hating SECONDED the motion. There were no objections. SO ORDERED. The meeting was adjourned at 8:15 P.M. Minutes transcribed and prepared by: Susan Kellerby, Contract Secretary LIBRARY COMMISSION MEETING MINUTES MAY 2, 200O PAGE 2 A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 REPORT FOR THE MONTH OF APRIL, 2000 CIRC~ATION Adult Juvenile Easy Books Fiction 2062 Non-Fiction 1923 Periodicals 54 412 311 1283 365 Cassettes Intemet Access CDs Kits 263 605 -- 3 Misc. Puzzles Videos 40 2 968 Total Printed Materials .... 6410 Total Circulation ........... 8291 ADDITIONS Docs Adult Juvenile Easy Books AV Gifts - 68 15 11 Purchases - 45 17 15 15 Total Additions .... 186 INTERLIBRARY LOANS Ordered Received Returned Books 29 16 28 INTE~IBRARY LOANS BY OUR LIBRARY ...... 22 VOLUNTEERS Number ...... 24 Total Hours ...... 197 INCOME Fines and Remal Books Xerox Lost or Damaged Books $1,342.80 310.75 137.00 Total Income for April, 2000 .........$1,790.55 A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 Library Cards Issued April, 2000 Kenai 66 Clam Gulch Kasilof Nikiski Ninilchik Soldotna 23 Other 11 Total 120 Library Patronage .... 7,327 Persons KENAI PARKS/k RECREATION COMMISSION MAY 4, 2000 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - April 6, 2000 ITEM 4: PERSONS SCHEDULED TO BE HEARD Sean Dittman -- Bernie Huss Fitness Trail/Scout Project Update ITEM 5' OLD BUSINESS Discussion -- Multipurpose Facility/Summer Rates ITEM 6' NEW BUSINESS a. Discussion -- Summer Maintenance ITEM 7: REPORTS Commission Chair Director City Council Liaison ITEM 8' COMMISSION OUF~TIONS/h COMMENTS ITEM 9' PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Council Action Agendas of April 5 and 19, 2000. Beautification Committee Minutes of April 11, 2000. ITEM 11' ADJOURNMENT KENAI PARKS/k RECREATION COMMISSION MAY 4, 2000 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN HULTBERG'-PRESIDING MINUTES ITEM 1: CALL TO ORDER/k ROLL CALL Chairman Hultberg called the meeting to order at 7'00 p.m. Members Present: Mike Baxter, Kelly Gifford, Dale Sandahl, Jack Castimore, Richard Hultberg, Matthew Peters (arrived at 7:03) Tim Wisniewski (arrived at 7'15) Others Present: Councilwoman Porter, Parks and Recreation Director Bob~ Frates, Contract Secretary Barb Roper Chairman Hultberg announced that Ronald Yamamoto .resigned from the Commission and welcomed Mike Baxter who will replace Yamamoto. ITEM 2: AGENDA APPROVAL Sandahl requested that City Clean-Up be added under New Business, Item 6a. Summer Maintenance will become Item 6b. Agenda was approVed with the addition. ITEM 3: APPROVAL OF MINUTES - April 6, 2000 With no corrections and/or additions noted, the minutes of April 6, 2000 were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD Sean Dittman -- Bernie Huss Fitness Trail/Scout Project Update Dittman was not present at the meeting but Director Frates reported the current plan is to begin the Bernie Huss cleanup project on May 13 with assistance from the Young Marines, school students, etc. ITEM 5: OLD BUSINESS 5-a. Discussion-- Multipurpose Facility/Summer Rates Frates reported Council approved the summer rate for the Multipurpose Facility at $25.00 per hour. It was noted the rate is comparable to that of Nikiski. ITEM 6: NEW BUSINESS 6-a. City Cleanup Sandahl asked who was responsible for the City cleanup and it was explained the Chamber sponsors the event and it would begin next week. Sandahl reminded the Commission of how the cleanup effort was in the past when there were incentives offered and it seemed the entire community got involved. Sandahl thought the incentive program should be reinstated with prizes donated by local merchants- the same businesses whose trash is seen and picked up along the roadways. A lengthy discussion ensued and it was decided that Frates would contact the Chamber and present the idea for consideration for next year. 6-b. Discussion -- Summer Maintenance Frates gave a slide presentation of recreation areas and projects that will be worked on during the summer. The areas are: ao Little League Fields- Frates reported more improvements will be made to this field and consideration is being to given to whether or not the snack shack will remain. Consideration is also being given to adding restrooms and bleachers. Little League was given a $75,000 donation and will be assisting with the noted improvements. bo Softball Field- It was explained dug-out repairs are required and the Softball Association will assist with this project by rebuilding the dugouts and not attaching them to the fence as they are now. Small rocks continue to be a problem and Mike Baxter offered the use of the sifter from the Oiler Park. el Offer Park- It was noted the improvements made in the front last year look very nice. Discussion took place on the brush strip and stump removal. do Beaver Creek Park- It was reported the Sandahl's went in and did some clean up in the Park and it looks very nice. Landscaping will take place around the restroom in the park this summer. Cunningham Park- The park looks very nice after the renovation last year and it appears everything held up over the winter. Sandahl pointed out three posts that are lifting and could be a safety hazard. It was noted that boats no longer have access to the park. Benches and picnic tables may be added this summer. PARKS & RECREATION COMMISSION MEETING MAY 4, 2000 PAGE 2 Staining Projects- Frates reported several locations, to include the gazebo at Leif Hansen Park, would be stained this summer. ge Erik Hansen Scout Park- Work will begin on better drainage at the entrance to the park and the statue will be unveiled on May 19 at 5:00 p.m. and all Commissioners were invited to attend. Frates added, the Mayor will be present as well as local Boy Scout groups. May 19th is Erik Hansen's birthday. Also, the interpretative signage will be placed this summer. The artist will be visiting the area and doing research. he Cemetery- The sign has been erected with assistance from the street department. Discussion took place on the tree cutting and it was noted that a four-year plan is being developed for landscaping in that area. Porter reported the FAA will cite the City for non-compliance as the remaining trees are still too tall. Wisniewski noted the FAA was amenable to working with the City on a solution. Gifford thought the Airport should purchase a wrought iron fence for the cemetery as an apology for the damage. Porter noted that landscape and improvements are a part of the four-year plan. Frates noted, the Beautification Committee would like to landscape the front of the cemetery along the fence line by creating a shrub bed and possibly planting roses. Municipal Park Trail System- The Lions Club will begin Phase 3 of the trail system project. jo Phillips Petroleum Project- Frates explained the project proposed by Phillips and accepted by City Council to those members who were absent at the last meeting. Discussion ensued and some members thought perhaps Phillips should consider a bridge-type crossing over the stream in the area rather than the proposed project. Frates stated he would discuss the suggestion with Phillips to see if they would consider a change but they originally turned the stream crossing idea down. ITEM 7: REPORTS Commission Chair- Hultberg thanked everyone for filling in for him in his absence. Hultberg requested the Commissioners drive through various parks this summer and report any problems they may find. Director- Frates reported that the summer hire process was completed. Three employees were already on board and were in the process of inspecting the parks. PARKS & RECREATION COMMISSION MEETING MAY 4, 2000 PAGE 3 Parks and Recreation event dates are: M~y/5 - High School students and the Chamber to clean out the Chamber flower beds and remove tree wraps, lights and cords at Leif Hansen Park. M~y 8- all picnic tables will be stained. 1~I~ 13- Bernie Huss Fimess Trail clearing and clean up. M~y 19 - 5:00 p.m. Erik Hansen Scout Park statue unveiling. Cemetery clean up at 5'30. City Council Liaison- Councilwoman Porter announced she would discuss the City cleanup suggestions with Council as well as the need for more gravel at Beaver Creek Park. ITEM 8: COMMISSION QUESTIONS/l~ COMMENTS Commissioner Gifford asked whether or not the cleaning specifications were determined for rental of the Teen Center. Frates explained, anyone utilizing the Teen Center is required to clean up behind themselves but they are not expected to do the job of the regular staff. Porter stated the Senior Center allowed user groups to pay someone to come in and clean after a function and Parks and Recreation may want to consider a similar situation for the Recreation Center. Gifford stated that when she was in Florida she saw a water truck that was painted with flowers and thought the idea would be nice for Kenai. Gifford contacted Mark Bergerner and he indicated he has two students who need a project so could possibly paint the City's water truck. Frates stated it had to be done tastefully so suggested that a plan be developed and brought back to the Parks and Recreation Commission and the Beautification Committee for approval. Gifford stated she would provide a plan at the next Beautification Committee meeting. Commission Sandahl wanted everyone to be aware of the possible need for outsourcing should local schools face the same cuts as Anchorage is facing. entails the elimination of sports programs from the schools. This Commissioner Castimore stated the bike trails are in excellent condition. the new sweeper does a good job. Frates said Student Representative Peters thanked Frates for the use of the Teen Center for prom night. Everyone had a wonderful time. Discussion took place on having an article in the local newspaper twice a month on Parks and Recreation activities. Councilwoman Porter reported she had suggested that a City newsletter go out with all water and sewer bills twice a year and each department would have a section within where such information could be posted. PARKS & RECREATION COMMISSION MEETING MAY 4, 2000 PAGE 4 ITEM 9' PERSONS PRESENT NOT SCHEDULED TO BE HEARD - None ITEM 10: INFORMATION 10-a. 10-b. Council Action Agendas of April 5 and 19, 2000. Beautification Committee Minutes of April 11, 2000. ITEM 11: ADJOURNMENT MOTION: Gifford MOVED to adjourn. There were no objections. SO ORDERED. The meeting adjourned at 8:45 p.m. Respectfully submitted, Barbara Roper,, Contract Secretary PARKS & RECREATION COMMISSION MEETING MAY 4, 2000 PAGE 5 KENAI BEAUTIFICATION COMMITTEE MAY 9, 2000 5:30 P.M. KENAI COUNCIL CHAMBERS ***AGENDA*** ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- April 11, 2000 ITEM 4: PERSONS SCHEDULED TO BE HEARD Commissioner Kelly Gifford -- Painting the City of Kenai Water Tank ITEM 5: OLD BUSINESS a. Discussion -- Volunteer Orientation ITEM 6: NEW BUSINESS a. Discussion -- Spur Highway and Main Street Right-of-Ways Discussion -- Planting Schedule ITEM 7: REPORTS a. Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: QUESTIONS AND COMMENTS ITEM 9: INFORMATION Parks & Recreation Commission Meeting Minutes of April 6, 2000. City Council Action Agendas of April 5 and 19, 2000. ITEM 10: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE KENAI COUNCIL CHAMBERS MAY 9, 2000 5:30 P.M. VICE CHAIR DOROTHY JUNG, PRESIDING ITEM 1' CALL TO ORDER/h ROLL CALL Vice Chair Jung called the meeting to order at 5:35 p.m. follows: The roll was taken as Members Present: Members Absent: Non-Voting Members Present: Non-Voting Members Absent: Brown, Rogers, Jung, Hansen, Hett, Buffmgton Dimmick Overturf Benedict Others Present: Councilwoman Swamer, Parks & Recreation Director Frates, Contract Secretary Kellerby ITEM 2: AGENDA APPROVAL, MOTION: The members MOVED to approve the agenda as presented with the addition to "Item 4' Persons Scheduled To Be Heard-a. Commissioner Kelly Gifford" and "Item 6' New Business-b. Discussion-Planting Schedule." There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MINUTES -- April 11, 2000 MOTION: The members MOVED to approve the minutes of the April 11, 2000 meeting with the correction to Item 7-c: City Council Liaison - delete "tour" on the last line. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Commissioner Kelly Cvifford - Painting the City of Kenai Water Tank Commissioner Gifford showed a sketch that two girls at KCHS (as their Senior project) had designed to paint on the City of Kenai water tank to spruce it up. The Commission gave Gifford their suggestions to take back to the girls to do a final sketch for the Commission's approval. ITEM S: OLD BUSINESS Discussion - Volunteer Orientation Director Frates reported that Bobbie JackSon would be here tonight to speak and show slides at the Orientation. The Commission discussed the order of events for the orientation at 7:00 p.m. and volunteer sign-up sheets. The KCHS cheerleaders have volunteered to help on Wednesday evenings each week beginning the second week of June. Member Rogers also reported that she had picked up the volunteer T-shirts and distributed them. ITEM 6: NEW BUSINESS Discussion - Spur Highway and Main Street Ri§ht-of-Ways Director Frates reported on the proposed Spur Highway renovation and how the Commission might be able to have DOT incorporate in their contract to build concrete circle flower planters in the Arby's, Katmai, Paradisos, and First National Bank areas. He also reported that the Fire Station wanted some type of red flowers in their planter and it was agreed to try red geraniums with white Eliza. Discussion - Planting Schedule Member Overturf passed out planting schedules and there was discussion on revisions. It was also noted to mail schedules to past volunteers. ITEM 7: REPORTS Committee Chair- No report. 7-b. Parks and Recreation Director -- Director Frates reported that they have three summer employees helping them fight now and he gave an update on the progress of their flowers and trees. Frates reported on the great opportunity for the Beautification Commission to be able to landscape the Challenger Learning Center and asked the Commission to start gathering ideas. 7-c. City Council Liaison - Councilwoman Swarner reported on the progress of the correction to the cutting of the trees at the cemetery across from the airport. The budget was passed in work session. BEAUTIFICATION COMMITTEE MEETING MINUTES MAY 9, 2000 PAGE 2 ITEM 8' QUESTIONS AND COMMENTS,,,-Non¢ ITEM 9' INFORMATION , ,! Commissioner Gifford and Director Frates reported on a few items that were discussed at the April 6 Parks and Recreation Commission Meeting. ITEM 10: ADJOURNMENT , , The meeting was adjourned at 6'45 p.m. Minutes transcribed and prepared by: Susan Kellerby, Contract Secretary BEAUTIFICATION COMMITTEE MEETING MINUTES MAY 9, 2000 PAGE 3 AGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 3, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt~://www, ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PI~LIC HEARINGS . Ordinance No. 1859-2000 -- Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer System Special Revenue Fund and Forest/Redoubt Water and Sewer Crossings Capital Project Fund. Remove from the table. Consideration of ordinance. , Resolution No. 2000-17 -- Transfemng $1,300 in the General Fund Shop Budget for Training Services. · , Resolution No. 2000-18 -- Awarding the Bid to Randy's Glass, Inc. for the Kenai Airport Terminal and warm Storage No. 2 Overhead Door Replacement-- 2000 for the Total Amount of $13,824. , Resolution No. 2000-19 -- Transferring $10,800 from Repair and Maintenance to Professional Services in the Airport Terminal Enterprise Fund. , 2000 Liquor License Renewal -- PROTEST/New Peking Chinese Restaurant -- Restaurant Place. -1- . , ITEM D: . 2. 3. 4. 5. 6. 7. ITEM E: . ITEM F: ITEM G: ITEM H: , 1 , . , 2000 Liquor License Renewal -- PROTEST/Katmai Motel Restaurant & Loun§e -- Bevera§e Dispensary/Tourism. 2000 Liquor License Renewal-- PROTEST/Alaskalanes -- Recreational Site. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report MINUT~ *Regular Meeting of April 19, 2000. CORRESPONDENCE ,,, OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1860-2000 -- Repealing KMC 5.05, Entitled "Peddlers" and KMC 5.30, Entitled "Transient and Itinerant Merchants" and Replacing Them with a New KMC 5.05 Entitled "Peddlers and Transient Merchants." *Ordinance No. 1861-2000 -- Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part-T~e Employees. *Ordinance No. 1862-2000 -- Amending Various Sections of Title 4 and Title 14 of the Kenai Municipal Code to Clarify and Correct Inconsistencies. -2- ITEM I: AD~STRATION REPORTS ,, 1. Mayor 2. City Manager 3. Attomey 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL- REGULAR MEETING MAY 3, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Moore, Porter and Bannock. Present were: Frazer, Williams, Bookey, Swarner, A-3o AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-l, Persons Scheduled to be Heard-- Inlet Woods Property Association re§ardin§ Project Impact/Fire Wise Program. ADD AS: B-2, Persons Scheduled to be Heard-- Fire Chief Jason Elson; KPB Spruce Bark Beetle Task Force Coordinator, Mike Fastabend; Forest Practices Forester Wade Wahrenbrock, Division of Forestry, Kenai/Kodiak Area; and Kathy Scott, Project Impact Coordinator ADD TO: 1-2, City Manager Report -- Council on Aging Statement of Actual and Estimated Revenues. MOTION: Councilwoman SWamer MOVED for approval of the agenda as amended and CounciLman Moore SECONDED the motion. There were no objections. SO ORDERED. CONSENT AGENDA Mayor Williams had no changes to the consent agenda. MOTION: ~NAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 2 Councilwoman Swarner MOVED for approval of the consent agenda as presented and Councilman Frazer SECONDED the motion. There were no objections. ~O ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-X. Inlet Woods Property Association-- Project Impact/Fire Wise Pro,ram Chris Copple -- 1101 Inlet Woods Drive. Stated his concerns of the Fire Wise Program remove of trees in the Inlet Woods Subdivision taking healthy trees as well as beetle infested trees on the city lots. He was concerned that healthy trees were taken and other dead trees were left. Copple showed a video of the logging operation that was taking place in the subdivision and noted he was very disappointed and saddened in how the project was handled. B-2o Fire Chief Jason Elson; KPB Spruce Bark Beetle Task Force Coordinator, Mike Fastabend; Forest Practices Forester Wade Wahrenbrock, Division of Forestry, Kenai/Kodiak Area; and Kathy Scott, Project Impact Coordinator-- Project Impact/Fire Wise Program: Mike Fastabend -- Reported his job as coordinator of the Spruce Bark Beetle Task Force was to work toward mitigating the fire danger on the Peninsula from the beetle infestation. He noted he had visited the Inlet Woods Subdivision and reported his findings there. He noted, the beetle infestation was slower in the Kenai/Soldotna/ Nikiski area than other areas of the Borough. He added, though the infestation was moving slower, it did not mean the remaining live trees were not at great risk. Fastabend noted, even though many of the trees taken in the subdivision did not show infestation, there was no reason to believe they would not be attacked and sustain the same mortality rate over the next three to four years as in other areas. Fastabend also discussed treatment and prevention and noted, it is emotional to kill trees to save trees. He also reported, the beetle infestation was the largest of anywhere in the world. A general questions/answers discussion followed regarding removal of stumps, slash, reforesting, etc. It was asked if there was a plan to clean up the lots in Inlet Woods and Elson reported the special use permit required the contractor to pick up and clean up the slash, bum it (weather permitting) or remove it. He added, the contractor had been directed to return to the Offer Park area and complete the cleaning of that area. It was also asked if the logging program could be done in phases, taldng only the infested trees (single cuts) and then return later to take out more of the infested trees, etc. Wahrenbrock explained that was one of the choices, however if ten percent of the trees are infested, it is considered past managing or making single cuts. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 3 Fire Chief Elson -- Expl~ed the city was approached to participate in the Project Impact program and that the Program was funded through the Federal Emergency Management Agency. He added, the Fire Department had been concerned for several years with the state of the forests surrounding the city. They considered beginning the program on city properties and offering private property owners to work with the contractor at a lesser price. He added, if a fire broke out in that area with the dead trees, etc., the Fire Department did not have the resources to fight a fire of that magnitude. Elson also explained the city joined as a partner with the Borough in identifying wildfh'e dangers in the borough and to help property owners to protect themselves. He noted, in both areas of the city logging had taken place, Fire Department personnel distributed information of the program door-to-door. Elson added, the Inlet Woods project was not finished and that he had great concern in regard to the large private tracts of land surrounding the subdivision which was also beetle infested. Wade Wahrenbrock-- Discussed the volatility of infested forests and showed slides of forests before and after infestation took place, fire concerns, reforestation, etc. He noted, taking trees out of the subdivision in steps would not have been economical and that it was a judgment call in deciding at what percentage of dead trees in a forest was a fire danger. Copple stated his appreciation of the Fire Department's work and effort but would have liked more information prior to the project beginning. He noted, he spoke with some of the logging crew who told him they would not be cleaning up the area more than what had been done and this was an added concern to him. Ross noted, the contractor was not obligated to remove trees that were down prior to his operation. Kathy Scott -- Discussed the parmering with FEMA and the Borough and other programs involved with the Fire Wise program. Sheryl Padilla -- 1520 Windward Drive, Inlet Woods Subdivision. Stated she had been a resident of Inlet Woods Subdivision for three years and appreciated the city's efforts in removing the beetle-killed trees on the city lots. Discussion followed as to whether the contractor could take the trees previously fallen and any dead trees still standing which were less than 8" in diameter. Elson stated he would discuss the matter with the contractor and offered his personnel to help clean up the area as well. Williams suggested administration develop a summer-hire program to further clean up the lots. Scott noted chippers would be available through the grant program in mid dune and would be available for the city's use. Discussion followed and it was agreed administration would work with the Borough in developing a clean-up program. BREAK TAKEN: 8:46 P.M. KENAI CITY COUNCIL ME~ING MINUTES MAY 3, 2000 PAGE 4 BACK TO ORDER: 8:59 P.M. ITEM C: PUBLIC HEARINGS C-1o Ordinance No. 1859-2000 -- Increasing Estimated Revenues and Appropriations by $34,000 in the Water and Sewer System Special Revenue Fund and Forest/Redoubt Water and Sewer Crossings Capital Project Fund. C-la. Remove from the table. MOTION: Councilwoman Swarner MOVED to remove Ordinance No. 1859-2000 from the table and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. C-lb. Consideration of ordinance. MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1859-2000 and Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: Frazer: Swarner: Bannock: Yes Wi!l/ams: Yes Moore' Yes Yes Bookey: Yes Yes Porter: Yes MOTION PASSED UNANIMOUSLY. C-2o Resolution No. 2000-17 -- Transferring $1,300 in the General Fund Shop Budget for Training Services. MOTION: Councilwoman Swarner MOVED for approval of Resolution 2000-17 and Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 5 There were no objections. SO ORDERED. C-3o Resolution No. 2000-18-- Awarding the Bid to Randy's Glass, Inc. for the Kenai Airport Terminal and warm Storage No. 2 Overhead Door Replacement -- 2000 for the Total Amount of $13,824. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2000-18 and requested UNANIMOUS CONSENT. Councilman Frazer SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-4o Resolution No. 2000-19 -- Transferring $10,800 from Repair and Maintenance to Professional Services in the Airport Terminal Enterprise Fund. MOTION: Councilwoman Swarner MOVED for approve of Resolution No. 2000-19 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. 2000 Liquor License Renewal -- PROTEST/New Peking Chinese Restaurant -- Restaurant Place. City Clerk Freas reported sales taxes were owed amounting to approximately $1,900. MOTION: Councilwoman Swamer MOVED to send a letter of protest on May 12 if the amounts owed are not brought current. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. IZ~NAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 6 C-6. 2000 Liquor License Renewal -- PROTEST/Katmai Motel Restaurant & Lounge-- Beverage Dispensary/TourisTM. City Attorney Graves reported approx/mately $7,000 was owed for lease and water/sewer payments. The owner requested the establishment of a payment plan to pay the normal monthly lease amounts and an additional $785 a month during a nine-month period to bring the amounts current. Councilman Frazer declared a conflict due to the owner's business relationship with his (Frazer's} employment. Jim $tngree/Katmai Motel -- Singree noted his ownership of the Katmai and explained he anticipated a good season this Year due to road projects in the area and requested a nine-month payment plan to bring owed amounts current. Singree also stated he could not request help from a bank as it had been a tough three/four years, trying to stay competitive with other motels in the area. To do that, he had to reinvest. Singree stated he appreciated council's consideration of his request. Williams reminded council, Singree had approached the city in 1997-98 for a payment plan because another road project blocked entrance to his business. That payment plan was approved and it was confirmed payment was made within the allotted time. Councilman Bookey reminded council, the last time Singree approached council for a payment plan, he stated he would not object at that time, but would object for any future requests. Bookey stated he objected to the payment plan as he felt it would be unfair to other businesses and it was not the city's place to be a financial institution. MOTION: Councilwoman Swamer MOVED to send a letter of protest on May 12, 2000 if amounts were not brought current by Eaglechief. Councilman Bookey SECONDED the motion. A brief at ease was requested by Councilman Bannock. AT EASE: 9:13 P.M. BACK TO ORDER: 9:16 P.M. The discussion continued briefly and it was noted council could be informed if payments were not kept current. VOTE: Swamer: Yes Moore: No Porter: No Bannock: Yes KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 7 MOTION FAILED. It was noted by the attorney the Kenai Municipal Code directs a protest is to be filed if obligations are not current and that a current payment plan satisfies the code. MOTION: Councilman Moore MOVED to enter into a payment plan with Singree for his delinquent water/sewer and lease payments. Councilwoman Porter SECONDED the motion. VOTE: Frazer: ~Warner: Bannock' Abstain No No Williams' Moore: Yes Yes Bookey: Porter: No Yes MOTION FAILED. Attorney Graves was requested to offer an opinion and he reviewed KMC 2.40.020. Discussion continued and Graves noted the city's ultimate action would be to cancel the lease and take possession of the property ff the amounts were not paid, 'although lienholders often pay the amounts at that time. No action was taken by council. Mayor W/Il/ams explained to Singree that since there was no action taken by council, Singree was free to continue business until such time the city issues a letter stating otherwise. C-7. 2000 Liquor License Renewal-- PROTEST/Alaskalanes -- Recreational Site. MOTION: Councilwoman Swarner MOVED to write a letter of strong protest to the Alcoholic Beverage Control Board by May 12, 2000 if the amounts are not brought current. Councilman Bookey SECONDED the motion. Attorney Graves explained, Alaskalanes were on a payment plan and were to make a balloon payment, however they had fallen behind on the balloon payment, though they had paid $2,000 of the $11,000 they owed. However, they made no indication that future payments would be made. It was also noted, amounts were owed to the borough for taxes as well. Graves added, with no other recourse, he had drafted a 30- day notice to quit to be served on the owners, and planned to terminate the lease unless council objected. There were no objections stated. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 8 VOTE: Frazer: Yes Swarner: Yes Bannocki Yes Williams: Moore: Yes Yes Bookey: Porter: Yes Yes MOTION PASSED UNANIMOUSLY. ITEM D: COMMISSION/COMMITTEE REPORTS D-X. Council on Aging-- No report. D-2. Airport Commission -- Swarner noted minutes of the last meeting were included in the packet and the next meeting was scheduled for May 11. Airport Manager Cronkhite reported Commissioner Knackstedt was working with a group of people from the community in scheduling the B-17 and B-24 visit to Kenai. She noted, it looked positive they would visit Kenai, but they were awaiting confirmation of the date. V-3. on May 8. Harbor Commission -- Bookey reported the next meeting would be held D-4. Library Commission -- Moore reported a meeting was held on May 2, however he had not attended due to a coinciding budget work session. Commission Chair Peters reported the Friends of the Library had a vacancy' on the board and had purchased $4,500 in audio CD's and books for the library. He also noted, Commissioner Melinda Hating would be resigning. Peters reported the Commission discussed staffing needs at the library and then adjourned to attend the budget work session. D-5. Parks/is Recreation Commission -- Frazer reported the next meeting was scheduled for May 4 and Councilwoman Porter would attend in his absence. It was also noted a resignation was received from Commissioner Yamamoto and two applications were included in the packet for possible appointment. Williams suggested Mike Baxter be appointed to the Commission. There were no objections. D-6. Planning/is Zoning Commission -- Bannock reported the Commission reviewed the livestock ordinance which would appear for public hearing on the Commission's agenda on May 10. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swamer reported the next meeting would be held on May 9 after which a volunteer orientation would be held. IiEN~ CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 9 D-7b. Historic District Board -- Moore reported the next meeting was scheduled for June 12. Williams reported he had met with the Board chair and discussed and visited historical sites in the community. D-7c. Kenai Visitors/is Convention Bureau Board -- Bookey reported a meeting was held on April 27 at which the new officers were installed {Fred Braun, Chair; Jim Amess, Vice-Chair; and Ron Malston, Secretary/Treasurer}. He also noted minutes of two past meetings were included in the packet. Bookey also referred to the KVCC Community Report which was distributed to council and reminded all of the Alaska 2000 art show grand opening reception scheduled for May 5. D-7d. Alaska Municipal League Report -- Williams reported the Legislature had passed its budget but did not include funding for engineering of the bluff erosion project. He also reported the final NASA inspection of the Challenger Center had been held and the NASA representatives were quite pleased with the facility. BREAK TAKEN: 9:46 P.M. BACK TO ORDER: 9-50 P.M. ITEM E: MINUTES Regular Meeting of April 19, 2000 -- Approved by consent agenda. ITEM F: CORRESPONDENCE-- None. ITEM G: OLD BUSINESS-- None. ITEM H: NEW BUSINESS H-Xo Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. H-2o Purchase Orders ExceedinE $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and requested UNANIMOUS CONSENT. Councilman Frazer SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 10 Ordinance No. 1860-2000-- Repealing KMC 5.05, Entitled "Peddlers" and KMC 5.30, Entitled "Transient and Itinerant Merchants" and Replacing Them with a New KMC 5.05 Entitled "Peddlers and Transient Merchants." Introduced by consent agenda. Ordinance No. 1861-2000 -- Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part-Time Employees. Introduced by consent agenda. Ordinance No. 1862-2000 -- Amending Various Sections of Title 4 and Title 14 of the Kenai Municipal Code to Clarify and Correct Inconsistencies. 'Introduced by consent agenda. ITEM I: ADMINISTRATION REPORTS I-1. Mayor -- Williams reported the community group supporting the development of an arts and humanities/theatre facility would like to partner with the city in providing a portion of the cost (through grant funds they are pursuing) for the updating of the city Comprehensive Plan. Williams also urged council and administration to involve the community in collecting opinions and suggestions in the effort. Ross noted, Administration was reviewing other Comprehensive Plans and was developing an infrastructure for the Plan. There would be a lot of opportunity for the public to be involved in the new plan due to the planned discussions regarding the future of the Kenai corridor. Comments from council were that they were not comfortable with the arts group being included as a partner as it could be presumed by the public the arts group's opinions or suggestions would carry more weight than others. Ross noted, a professional planner would be contracted to help in the effort and who will be talking with groups, businesses, administration, etc. in collecting information. He added, the updating of the Plan will be a long process and at times, because of the topics, could be an uncomfortable process. Williams suggested the arts group begin the application process for a grant on behalf of the city and any grant funds received would come directly to the city. Porter suggested a copy of the grant be forwarded to the city for review before it is submitted to the grantor. Ross suggested the grant application be broad based and not group specific. Williams stated he would discuss the matter further with the arts group. t~NAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 11 I-2. City Manager -- Ross referred to the discussion of including additional funds in the Council on Aging meal budget. He referred to information added to the agenda in regard to the projected revenues and revenues received to date for the program. He noted, they now were projecting $53,000 would be received through the program which was what administration originally projected. He stated, unless otherwise directed by council, he would not make the change in the budget discussed during the budget session because the revenues were as projected in the budget document and changes were not necessary. Porter noted, the price of the meals was a suggested donation which may or may not be received. However, she felt comfortable with leaving the amounts as they had been in the budget document, but added, the possibility could arise that additional funding would be required and that she felt comfortable additional funding could be requested. There were no objections from council. Ross stated he would submit the budget without the transfer. Attorney-- No report. City Clerk-- No report. Finance Director-- No report. Public Works Managers -- No reports. Airport Manager -- Director Cronkhite reported one-third of the FAA inspection had been completed and she would report on the findings at the next council meeting. ITEM J: DISCUSSION ,,, J-1. Citizens Bob Peters -- Old Town resident. Referred to his comments made at the second budget work session and nOted he spoke as a citizen and not as the Chair of the Library Commission. Peters also stated his support in the council raising taxes as the cost of running the city had increased through less state funding, etc. and the city services had remained the same. He added, he believed others in the community would support a raise in taxes as well in order to add employees if necessary to maintain their quality of life. J-2. Council Swamer -- * Asked if the lawns along Rogers Road had been inspected for damage from snowplows. Public Works Manager Komelis reported, a list had been developed in the office of people who called about lawn damage. Asked if the city would be participating in the statue unveiling at the Erik Hansen Park. Director Frates explained he was notified the statue would be placed on KENAI CITY COUNCIL MEETING MINUTES MAY 3, 2000 PAGE 12 May 17 and a program would be held on May 19. The Parks Department would invite the public to attend. Williams suggested a small program be held and a small announcement be placed in the newspaper. There were no objections from council. Bookey -- · Asked if there was anything council should know about future tree cutting programs as he believed it was important they be informed prior to the program beginning. Ross noted trees would be cut on the Daubenspeck property, although they hoped to save the larger trees. The area will be brushed out as well. Public Works Manager La Shot noted, trees would be thinned going toward the highway along Bridge Access Road. · Ross reported, the tree cutting would continue in the cemetery during the summer. · Fire Chief Elson will be determining other areas of the city where the Fire Wise program could be continued. Ross suggested some informational neighborhood programs be held prior to the cutting. Moo~ -- Thanked Elson for his presentation at the beginning of the meeting. He noted, he still felt slighted with what happened in the subdivision as he didn't feel they received a straight answer with what the program would entail. Elson stated, it was a learning experience for him as well and wanted to hold similar programs with the experts in attendance for other areas of the city where the Fire Wise program would continue. He added, several of the Inlet Woods residents would also be invited to explain what to expect. Porter-- No comments. Bannock -- Requested to meet with Mayor Williams to discuss the future of the city. Frazer-- No comments. Williams -- Requested Clerk Freas prepare a letter of congratulations to newly- elected Anchorage Mayor Wuerch. EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURI~MENT The meeting adjourned at approximately 10:35 p.m. Minutes transcribed and prepared by: carol L. Freas, City Clerk 0 z z) 0 ~ o I~ z 0 m w 0 r~ F- O W W 0 W n, W n IAI n Z W w z 0 < 0 < w w z w n~ uJ 0 c~ n, IAI 'r' 0 Z 0 LLI ~ n,' 0 (/3 <12 ~ z -~~lz Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1863-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2000 AND ENDING JUNE 30, 2001. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai 2000-2001 Annum Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2000 and ending June 30, 2001. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2000, and ending the 30th day of June, 2001, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $8,038,960 Boating Facility Fund Airport Terminal Fund Congregate Housing Water and Sewer Fund Airport Land System Fund Senior Citizen Title III Grant Fund Senior Citizen Title V Grant Fund Senior Citizen COA-Borough Fund 1984 / 86 / 93 Bond Issue Debt Service Fund General Land Sales Trust Fund Airport Land Sales Trust Fund 157,132 432,218 387,942 1,420,050 1,368,627 197,174 19,037 130,072 206,888 26,100 28,400 Ordinance No. 1863-2000 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 2000. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (51812000) kl Introduced: Adopted: Effective: May 17, 2000 June 7, 2000 July 1, 2000 Suggested by: Planning & Zoning Commission CITY OF KENAI ORDIN~CE NO. 1864-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ~SKA, PROHIBITING THE KEEPING OF LIVESTOCK ON CERTAIN LOTS WITHIN THE CITY OF KENAI. WHEREAS, the keeping of livestock on small lots within the City of Kenai creates sanitary, hygiene and odor problems; and WHEREAS, the keeping of livestock on small lots within the City of Kenai in some instances reduces nearby property values; and WHEREAS, restricting the keeping of livestock to lots of adequate size will reduce such problems; and WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of livestock within the City limits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT KMC 3.10.070 is enacted as follows: 3.10.070 Livestock within the city limits: (a) Except as otherwise provided in this section, no person shall keep or maintain livestock within the City of Kenai. (b) Livestock may be kept on lots of 20,000 square feet or greater. On lots containing two-family or multiple family dwelling units, no livestock shall be allowed on lots containing less than 18,000 square feet Per dwelling unit. No livestock shall be allowed in the RU, RS 1, RS2 or TSH zones. Animals raised for a fur-bearing purpose are not allowed in any zone. (c) In this section "livestock" is defined as the following an_i_m_als: 1. Cow 9. Mule 2. Horse 10. Donkey 3. American bison ll.Ratite 4. Llama 12. Duck 5. Alpaca 13.Goose 6. Sheep 14. Chicken 7. Swine 15.Turkey 8. Goat (d) (1] Except for the RS 1, RS2, RU, TSH zone(s), the Chief Animal Control Officer may issue temporary permits of not more than fourteen (14) days Ordinance No. 1864 -2000 Page 2 of 3 for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or pertinent section of the Kenai Municipal Code. The City Manager may set a permit fee as set out in KIMC 7.15.100. (d)(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4-H, Future Farmers of America, or Boy/Girl Scouts on lots not otherwise eligible under this ordinance. The permit Shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Chief Am_i_m__al Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the Board of Adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining property owners. The City Manager may set a permit fee as set out in KMC 7.15.100. (d)(3) If two or more lots of continuous frontage are owned or leased by the same person(s) and the combined square footage of such lots otherwise meets the requirements of this ordinance for the keeping of livestock, such lots shall be considered a single lot for purposes of this ordinance. (e) Lots on which livestock are kept on the effective date of this ordinance which are not eligible for the keeping of livestock under this ordinance shall be considered a non-conforming use of land under K1VIC 14.20.050. No new or replacement livestock may be kept or introduced on such lots after the effective date of this ordinance. (f) Corrals, pens, hutches, coops or other animal contaim_ment structures must have a minimum setback of twenty-five (25) feet from the property's side yards, fifty (50) feet from the front yard, and ten (10) feet from the back yard; and must be secure and in good repair. PASSED BY THE COUNCIL OF THE ,2000. CITY OF KENAI, ALASKA, this day of John J. Williams, Mayor Ordinance No. 1864 -2000 Page 3 of 3 ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: ~'May 17, 2000 June 7 2000 July 7, 2000 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ00-09 A KESOLU~ON OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, I~COMMENDING THE KENAI MUNICIPAL CODE AT 3.10 BE AMENDED. WHEREAS, the keeping of livestock on small lots within the City of Kenai creates s~'dtm'y, hygiene and odor problems; and WHEREAS, the keeping of livestock on small lots within the City of Kenai in some instances reduces nearby property values; and WHEREAS, restricting the keeping of livestock to lots of adequate size will reduce such problems; and WHEREAS, it is in the best interest of the City of Kenai to restrict the keeping of livestock within the City limits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, AlaSKA, THAT KMC 3.10.070 is enacted as follows: 3.10.070 Livestock within the city limits:. (a) Except as otherwise provided in this section, ho person shall keep or maintain livestock within the City of Kenai. (b) Livestock may be kept on lots of 20,000 square feet or greater. On lots containing two-family or multiple family dwelling units, no livestock shall be allowed on lots containing less than 18,000 square feet per dwelling unit. No livestock shall be allowed in the RU, RS 1, RS2 or TSH zones. Animals raised for a fur-bearing purpose are not allowed in any zone. (c) In this section "livestock" is defined as the following animals: 1. Cow 2. Horse 3. American bison 4. Llama 5. Alpaca 6. Sheep 7. Swine 8. Goat 9. Mule 10. Donkey 11. Ratite 12. Duck 13. Goose 14. Chicken 15. Turkey (d) (1] Except for the RSl, RS2, RU, TSH zone(s), the Chief Ar~ima~ Control Officer may issue temporary permits of not more than fourteen (14) days for the keeping of livestock not otherwise allowed for public exhibitions or entertainment events. The Chief Ar~imal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The p~'mit may be revoked for a violation of the condi~ons of the permit or perlinent section of the Kenai Municipal Code. The City Mm'roger may ~et a permit fee a~ set out in KMC 7.15.100. (d)(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying adjoining property owners in writing and allowing reasonable time for comment, issue a permit for the keeping of livestock for educational or youth activities, such as 4-H, Future Farmers of America, or Boy/Girl Scouts on lots not otherwise eligible under this ordinance. The permit shall state the duration of the permit, which shall not exceed two (2) years, and the type and number of livestock to be kept. The Chief Animal Control Officer may impose conditions on the permits as reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for a violation of the conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may be made in writing to the Board of Adjustment. A permit may be renewed following written notice and reasonable time for comment to the adjoining pwperty owners. The City Manager may set a permit fee as set out in KMC 7.15.100. (d)(3) If two or more lots of continuous frontage are owned or leased by the same person(s) and the combined square footage of such lots othervdse meets the requirements of this ordinance for the keeping of livestock, such lots shall be considered a single lot for purposes of this ordinance. (e) Lots on which livestock are kept on the effective date of this ordinance which are not eligible for the keeping of livestock under this ordinance shall be considered a non-conforming use of land under KMC 14.20.050. No new or replacement livestock may be kept or introduced on such lot~ after the effective date of this ordinance. Corrals, pens, hutches, coops or other animal containment structures must have a minimum setback of twenty-five (25) feet fi'om the property's side yards, fifty (50) feet from the front yard, and ten (10) feet from the back yard; and must be secure and in good repair. NOW, 1/{EKEFO~, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS TO THE ENAI CITY COUNCIL THAT KMC 3.10 BE AMENDED. PASSED BY 1/-IE PLUG AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this //~lay of ff~~t_ ,2000. . V Chairman ATTEST: KENAI MUNICIPAL AIRP 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-283-3737 Memorandum To: Richard A. Ross, City Manager~/ From: Rebecca Cronkhite, AirportManager~[0'~ Date: May 12, 2000 Re: Special Use Permit- Dottie Fischer Dottie Fischer d/b/a Alaska's Best Travel's Special Use Permit will expire on June 30, 2000. She would like to renew the permit under the same terms and conditions until June 30, 2001. Attached is a copy of the proposed permit. The Airport Commission had no objec~ons to the approval at their May 11th meeting. If the proposed permit is approved by the City Council, the document can be executed. Attachment Cc: Dottie Fischer ALAS__K__A_ _S_ _B___E_.___T T____RAVEL 305 North W,llo~ Street, Suite 120 Kena~, Ah~k~ 99611 Phone (907) 283-7810 · Fax (907) 283-8084 · (800) 545-0844' Email dottie@alaskasbesttravel.com May 2, 2000 Kenai Municipal Airport 305 N. Willow, Suite 200 Kenai, AK 99611 Re' Special Use Permits for Spaces 21 & 36A at the Kenai Airport Dear Ms. Bondurant: I would like to renew the above-mentioned Special Use Permits under the same terms and conditions. These permits are due to expire on June 30, 2000. If you have any questions, please contact me. Sincerely, SPECIAL USE PERMIT DATE: The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants to: Dottie Fischer 305 N. Willow, Suite 120 Kenai, AK 99611 Hereinafter sometimes referred to as the PERMITTEE, the right to operate a travel agency at the Kenai Municipal Airport at the location shown as Space 21 on Exhibit, "A" which is attached. 1. Term: The term of the Special Use Permit is for 1 year, commencing on the 1~t day of July 2000, to the 30th day of June 2001. 2. Rental Payment: The rental specified herein shall be payable as follows: Right of entry and occupancy is authorized as the 1 st day of July 2000. 13. Rental shall be a monthly fee of $247.50 based on $1.65 per square foot for 150 square feet, for the privilege of conducting business authorized herein, plus any applicable tax. C. The payment shall be made to the City of Kenai, City Administration Building, Kenai, Alaska, or by mailing to the following address' City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611-7794. 3. Use' The use by the PERMITTEE of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. 4. Regulations' The exercise of the use granted herein is at all times to be subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations", issued in 1976 or any amendments thereto. By signing this Permit, the PERMITTEE acknowledges that he has received a copy of said regulations and has Special Use Permit familiarized himself therewith and will comply with the requirements of said regulations. 5. Solicitation' Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or above airport lands without the written consent of the CITY, is prohibited. 6. Removal of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the CITY of the costs of removal plus ~storage charges of $25.00 per day. e Reassignment/Relocation' Should it be necessary to reassign PERMITTEE to a different area of the airport terminal, the parties agree as follows' It will be the intention of the CITY to give PERMITTEE as much notice in advance as possible of such reassignment. The costs of relocation, including the costs of moving and setting up counter and related facilities, shall be borne by the PERMITTEE. Should reassignment and relocation be necessary, PERMITTEE shall be provided and afforded equivalent space, in terms of both area and location, as that which it presently occupies, to the extent found feasible by the Airport Manager. 8. Risks: PERMITrEE will provide all proper safeguards and shall assume all risks incurred in performing its services hereunder. 9. Hold Harmless: PERMITTEE agrees to save the CITY harmless from all actions, suits, liabilities, or damages resulting from, or arising out of, any acts of commission or omission by the PERMITTEE, his agents, employees, customers, or invitees, or arising from or out of the PERMITTEE's occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. 10.Forbearance: Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 11.Insurance' The PERMITTEE shall provide proof of insurance coverage on the travel agency and its contents. Such insurance coverage shall be in an amount satisfactory to the Airport Manager. Special Use Permit 10.Unit Maintenance: The PERMITTEE shall be solely responsible for the maintenance and for keeping the unit clean. 11.Disadvantaged Business Enterprise Participation' PERMITTEE (concessionaire) is required to take all necessary and reasonable steps to foster Disadvantaged Business Enterprise participation in its airport concession activities. A~ "This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23, Subpart F. The concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR part 23, Subpart F." B. "The concessionaire agrees to include the above statements in any subsequent concession agreements that it enters and cause those businesses to similarly include the statements in further agreements." 14.Cancellation- Permits in good standing may be canceled in whole or part at any time upon mutual written agreement by PERMITTEE and the City Council or by the PERMITTEE upon thirty (30) days PERMITTEE notice. Special Use Permit CITY OF KENAI' By: Richard A. Ross City Manager PERMITTEE: By: Name STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) Title THIS IS TO CERTIFY that on this day of ,2000, RICHARD A. ROSS, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of ,2000, Dottie Fischer, Owner of, Alaska's Best Travel, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires: Special Use Permit SPECIAL USE PERMIT DATE: The CITY OF KENAI ("City") for the considerations and pursuant to the conditions and requirements set forth below hereby grants to: Dottie Fischer 305 N. Willow, Suite 120 Kenai, AK 99611 Hereinafter sometimes referred to as the PERMITI'EE, the right to operate a travel agency at the Kenai Municipal Airport at the location shown as Space 36A on Exhibit A, which is attached. 1. Term: The term of the Special Use Permit is for 1 year, commencing on the 1 st day of July 2000 through the 30th day of June 2001. 2. Rental Payment' The rental specified herein shall be payable as follows: A. Right of entry and occupancy is authorized as the 1 st day of July 2001. B. Rental shall be a monthly fee of $207.90 based on $1.65 per square foot for 126 square feet, for the privilege of conducting business authorized herein, plus any applicable tax. C. The payment shall be made to the City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska, or by mailing to the following address: Finance Department, City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611-7794. 3. Use: The use by the PERMITTEE of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. 4. Regulations' The exercise of the use granted herein is at all times to be subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations", issued in 1976 or any amendments thereto. By signing this Permit, the PERMITTEE acknowledges that he has received a copy of said regulations and has Special Use Permit Page 1 of 4 familiarized himself therewith and will comply with the requirements of said regulations. 5. Solicitation' Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or above airport lands without the written consent of the CITY, is prohibited. 6. Removal of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and[ or impounded, such property may be redeemed by the owner thereof only upon the payment to the CITY of the costs of removal plus storage charges of $25.00 per day. ,, Reassignment/Relocation: Should it be necessary to reassign PERMITTEE to a different area of the airport terminal, the parties agree as follows' It will be the intention of the CITY to give PERMITTEE as much notice in advance as possible of such reassignment. The costs of relocation, including the costs of moving and setting up counter and related facilities, shall be borne by the PERMITTEE. Should reassignment and relocation be necessary, PERMITTEE shall be provided and afforded equivalent space, in terms of both area and location, as that which it presently occupies, to the extent found feasible by the Airport Manager. PERMITTEE agrees to vacate space 36A, should no designated airline office or counter space be available to a requesting air service provider. 8. Risks: PERMITTEE will provide all proper safeguards and shall assume all risks incurred in performing its services hereunder. 9. Hold Harmless' PERMITTEE agrees to save the CITY harmless from all actions, suits, liabilities, or damages resulting from, or arising out of, any acts of commission or omission by the PERMITTEE, his agents, employees, customers, or invitees, or arising from or out of the PERMITTEE's occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. 10.Forbearance' Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the fight to exercise such terms, conditions or requirements. 11.Insurance: The PERMITTEE shall provide proof of insurance coverage on the travel agency and its contents. Such insurance coverage shall be in an amount satisfactory to the Airport Manager. Special Use Permit Page 2 of 4 12.Unit Maintenance: The PERMITTEE shall be solely responsible for the maintenance and for keeping the unit clean. 13.Disadvantaged Business Enterprise Participation: PERMITTEE (concessionaire) is required to take all necessary and reasonable steps to foster Disadvantaged Business Enterprise participation in its airport concession activities. Ae This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23, Subpart F. The concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR Part 23, Subpart F. B. The concessionaire agrees to include the above statements in any subsequent concession agreements that it enters and cause those businesses to similarly include the statements in further agreements. 14.Cancellation' Permits in good standing may be canceled in whole or part at any time upon mutual written agreement by PERMITTEE and the City CounCil or by the PERMITTEE upon thirty (30). days PERMITTEE notice. CITY OF KENAI: By: Richard A. Ross City Manager PERMITTEE: By: Na171e Title Special Use Permit Page 3 of 4 STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of ,2000, RICHARD A. ROSS, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires:' STATE O F ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of ,2000, Dottie Fischer, Owner of, Alaska's Best Travel, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires: Special Use Permit Page 4 of 4 KENAI MUNICIPAL AIRP 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907-283-7951 FAX 907-283-3737 Memorandum To: Richard A. Ross, City Manager From: RebeccaCronkhite, AirPort Manage&0-~ Date: May 12, 2000 Special Use Permit for Airport ATM- Reann Pitts Reann D. Pitt's Special Use Permit has expired. She would like to renew the permit under the same terms and conditions until June 30, 2001. Attached is a copy of the proposed permit. The Airport Commission had no objections to the approval at their May 11th meeting. If the proposed permit is approved by the City Council, the document can be executed. Attachment Cc: Reann D. Pitts, Owner Reean Pitts P.O. Box 1916 Soldoma, AK 99669 (907) 262-5919 February. 17, 2000 City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 99611 Subject: Special Use Permit for Airport ATM To Whom It May Concern: ! am writing to notify the City of Kenai that I wiSh to renew my Special Use Permit to operate an Automated Teller Machine (ATM) at the Kenai Municipal Airport. I would like to request the "Term" of the Special Use Permit be increased to five years from the initial term of one year. My insurance renewal certificate has been forwarded to Klm Howard at the City of Kenai. If you have any questions or need additional information please call me at your convenience. Sincerely, Re~an Pitts C&ry R. Gmve~ City A~mey CITY OF KENAI 210 ~ Avenue ~ ~ 99611.7794 (907) 2..83-7535 x225 FAX (907) 21~-3014 SPECIAL USE PERMIT DATE: The CITY OF KENAI (herein sometimes referred to as CITY), for the considerations of and pursuant to the conditions and requirements set forth below, hereby grants to Reean D. Pitts P.O.Box 1916 Soldotna, Alaska 99669 (herein sometimes referred to as PERMITTEE), .the right to operate an automated teller machine at the Kenai Municipal Airport building. The Airport Manager shall determine the exact placement after consultation with PERMITTEE. - o Term' The term of this Special Use Permit is for one year, commencing on the 1st day of July 2000 and extending through the 30th day of June 2001. This permit may be renewed annually on mutually agreed terms. 2~ Rental Payment: The rental specified herein shall be payable as follows' At Right of entry and occupancy is authorized as the 1st day of July 2000. Bo Rental shall be a monthly fee of 15% of transaction surcharge receipts on a monthly basis for the privilege of conducting the business authorized herein, plus any applicable tax. PERMITTEE shall provide monthly revenue reports for audit purposes. Co All payments shall be made monthly within ten (10) days after the end of each month; and shall be accompanied by a separate certified statement showing gross receipts from each of the businesses herein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be due the CITY shall be immediately paid to the CITY by the PERMITTEE and any amount of overpayment by the PERMITTEE shall be credited against the next monthly payment due the CITY under this agreement. SPECIAL USE PERMIT ~ R. Gmve~ c~/Atlomey CITY OF KENAI 210 Fidalgo Avenue Suite 2OO (907) 283-75,.~ x225 FAX (907) 283-3014 D. The payment shall be made to the City of Kenai, City Administration Building, Kenai, Alaska, or by mailing to the following address' City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611-7794. 3. Use: The use by the PERlVlITTEE of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. 4. Re~,ulations: The exercise of the use granted herein is at all times to be subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations" issued in 1976, or any amendments thereto. By signing this Permit, PERMITTEE acknowledges that she has received a copy of said regulations and has familiarized himself therewith and will comply with the requirements of said regulations. 5. Solicitation: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or above airport lands without the written consent of the CITY, is prohibited. 6. Installation: All costs associated with installation shall be borne by the PERMITTEE. 7. Removal of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the CITY of the costs of removal plus storage charges of $25.00 per day. 8. Reassignment/Relocation- Should it be necessary to reassign PERMITTEE to a different area of the airport terminal, the parties agree as follows- Advance notice, costs and site of relocation shall be by mutual agreement. Should reassignment and relocation be necessary, PERMITTEE shall be provided and afforded equivalent space, in terms of both area and location, as that which it presently occupies, to the extent found feasible by the Airport Manager. 9. Risks' PERMITTEE will provide all proper safeguards and shall assume all risks incurred in performing its services hereunder. SPECIAL USE PERMIT Cary R, Grav# Cay Ammey CITY OF KENAI 210 Rdalgo Avenue (9o~) 2e3,-7636 x226 FAX (eoT) 2e3-am4 10. H01d Harmless: PERMITTEE agrees to save the CITY harmless from all actions, suits, liabilities, or damages resulting from, or arising out of, any acts of commission or omission by the PERMITTEE, his agents, employees, customers, or invitees, or arising from or out of the PERMI~EE's occupation or use of the premises demised or privileges granted, and to pay all costs connected herewith. 11. Forbearance' Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the fight to exercise such terms, conditions or requirements. 12. Insurance: ATM, the PERMITTEE shall provide proof of insurance coverage on the Automated Teller Machine. Such insurance coverage shall be in an amount satisfactory to the Airport Manager 13. Unit Maintenance' The PERMITTEE shall be solely responsible for the ma/ntenance and for keeping the unit clean. 14. Disadvantage .Business EnterPrise Participation: PERMITTEE (CONCESSIONAIRE) is required to take all necessary and reasonable steps to foster Disadvantaged Business Enterprise participation in its airport concession activities. Ae This agreement is subject to the requirements of. the U.S. Department of Transportation's regulations, 49 CFR Part 23, Subpart F. The concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR Part 23, Subpart F. The concessionaire agrees to include the above statements in any subsequent concession agreements that it enters and cause those businesses to similarly include the statements in further agreements. SPECIAL USE PERMIT C~ry R. Gmv~o CITY OF KENAI 210 Fida~ Avenue Suite 20O Kenli, ~ 99611-7794 (907) 283-7535 x225 FAX (9O7) 283-3014 CITY OF KENAI: By: PERMITTEE: RiChard A. ~OSs - City Manager Reann D. pitts STATE O F ALASKA THIRD JUDICIAL DISTRICT Title THIS IS TO CERTIFY that on this day of . , 2000, RICHARD A. ROSS, City Manager of the City of K'enai, AlaSkai'"being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: STATE O F ALAS KA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of ,2000, Reann D. Pitts, Owner, (Title), of ....... , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: SPECIAL USE PERMIT CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 Memorandum Date: To: From: May 8, 2000 Mayor and Council Richard A. Ross, City Manager Stagnation? During recent budget work sessions there was some expression that the last four years were a period of stagnation in City development. This perception may be due in large part to annual operating budgets that only support maintenance of existing services, with no new programs or services proposed. The Council has generally supported this approach as a reality of the economy and the expressed wishes of their constituents. The perception of stagnation is also due to the fact that private sector development has not met some of your expectations. However, you have been and are continuing to make efforts to assure that future commercial and residential development have a good environment to grow in. You have taken actions to ensure that regulatory policies, as well as administrative practices, do not act as unnecessary impediments to the private sector. Stagnation is not an accurate description of the last four years in the area of City infrastructure development. This Council has overseen a period of infrastructure development that has put in place systems and amenities that will attract, assist and support present and furore private sector development. This has been done without increasing taxes. Major examples of this are: Water System · Well House 3 was brought on line increasing water capacity and addressing the issue of water clarity. · Well House 1 has been rebuilt and the well ft~her developed. Memorandum to Mayor and Council May 8, 2000 Page 2 of 4 · The underground well house and reservoir system have been modernized. · A SCADA system has been installed to equalize and balance the system. Airport Related · Municipal Airport and FAA funds were used to construct the ARFF Training Facility on Marathon Road. · In conjunction with this facility, a private corporation constructed an industrial/structural firefighter training facility. · The North Taxiway was extended. · Airport lands have been put into private hands for development, i.e., sale of the Dairy Queen building, sale for future private medical clinic. Education/Recreation/Parks · The Challenger Learning Center has become a reality as a result of the initial support of Council and land acquisition for the project. · The Multipurpose/Ice Facility was a partnership with a private group to construct the facility on land acquired by the City. · Erik Hansen Scout Park was constructed in cooperation with the Hansen family. · Cunningham Park underwent major rebuilding in cooperation with Kenai River Sport Fishing, Inc. · South Spruce Parking was developed in response to the dip net fishery and managed to offset capital and operating costs through parking revenues. · Mission Avenue was reconstructed to enhance the historical sites. Animal Control Shelter · A new Animal Control Shelter was built. City Lands Placed in Private Development The Land Sales Report reflects that the Council directed more transfers of land into private ownership during the period 1996-1999 than in the prior four-year period. BOR restrictions were removed from golf course lots, which have since been sold and are being developed. Lots were sold on Evergreen Street to a developer and residential development occurred. Lots in Inlet Woods were sold and there is a pending sale of 68 lots in that location. These lots will be sold over a number of years. Memorandum to Mayor and Council May 8, 2000 Page 3 of 4 · Lots outside the City of Kenai acquired through settlements were also disposed of through sales. The City acquired acreage next to KCHS at no cost for placement of the Challenger Learning Center and the Multipurpose Facility. Private Sector Private sector commercial development has not occurred at the level wanted. But there has been some development in the residential sector. In addition to residential growth in existing subdivisions, two new subdivisions continue in their development. · Pillars Subdivision has undergone continued development · Windhaven Subdivision has been developed off of Redoubt Avenue. Proiects in Progress · A community health facility is being constructed. This has been a partnership between the City, State Public Health and Hospital Service Area (2000-01). · An ARFF/SRE is designed and being engineered for construction on the Municipal Airport (2000-01). · Plans are being made for land acquisition, fence relocation, and extension of the Municipal Airport Runway (2002-03). Kenai has' been selected for the site of a State juvenile detention facility. Once State funding has been secured, the City will acquire 10 acres from the Airport Land System on Marathon Road for this project and transfer the land to the State (2002-03). · Daubenspecl~AA/FAA Football Field properties are undergoing environmental assessment. Work is ongoing to get BOR restrictions released on the parcel in City ownership. Transfer of the FAA owned parcel will be accomplished in the future. Furore development of these parcels will be a major issue in the comprehensive planning process (2001-02). Because of your efforts the State will be reconstructing Forest Drive and Redoubt. The City is participating in having numerous water and sewer crossings installed to facilitate future residential development (2000-01). · Well House 4 is funded for development and proposed for placement off of Lawton. This will give a second pressure point for the City's water system and will relieve pressure/flow shortages during peak usage (2000-01). It will also allow for the development of Block 3 of Five Irons Subdivision. · Coastal Trail -- This erosion control/environmental trail project has been designed. Funding sources for construction and environmental engineering are being actively sought. Groundwork is being laid for fimding of project fi'om Memorandum to Mayor and Council May 8, 2000 Page 4 of 4 several sources, the principal of which is OCS fimds once approved by Congress and distributed to the States (2000--). · Capital matching grants are being set aside to fired major road repaying, repair and maintenance projects (2002--). · Kenai is participating with the Kenai Peninsula Borough and other Peninsula municipalities in development of a foreign trade zone involving designation of the Kenai Airport as a port of entry (2000-02). · Comprehensive planning for the City, including incorporation of the municipal airport and its Master Plan, economic development oppommities for bluff properties, and other community concerns and issues, is being programmed. During this same period, in addition to providing municipal services, the City Administration, departments and employees have been involved in reviewing and revising operating procedures and practices. There has been some reorganization as well as major upgrading of data and communication systems. The impetus and goal is to provide better service, be more accessible, and raise the customer satisfaction level of the citizens of Kenai. The degree of success to date is left to their judgment, but the efforts should be ongoing and will continue. Because of the economy, annual operating budgets have been restrained to only provide for maintenance of existing services. The ability of the economy to support current and furore tax levies has been well considered in making those decisions. But, you have been building infi'astructure during these last four years within those restraints. Stagnation is not an accurate description of what has occurred. When, not if, private sector growth and development returns on the cyclical basis that seems to be our history, you have been laying foundations to encourage, support, and facilitate its occurrence in Kenai. L~ (.ID CD O CD 'q' ~' O IZ3 °-"",~ CD CD CDO CD CD CD CD CD O O O O O Z Z Z 03 Z Z 8 8 8 o c' c:' c:' :~ ~ .o .o .o -o .~ ._ ._~ N 3t'%1 3 ::3 o 0 0 0 CD 0 0 0 0 0 0 0 0 _.e c: ~ ~ 'F_ ~ 8 ,~ 8 O 8 (,3 (.3 Z o 'T, a. d o ~ '~ ~o z ~ ~-. :~ -.i ~ .-. ~ > c: '~ -- O ~- m~ ~ o ~ _~ O,o o o 0 0 0 0 .,.. ~o .,.. ,..-~o mci 0 ~0 wi' 0 03 v- w- w- 0 I',. 04 . 0 0 CZ) C3 0 0 0 v- 0 0 0 0 0 CZ) 0 CZ) v- 0 0~1 0 CD 0 0 0 0 w- ~ 0 CD 0 0 0 0 CD ',- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z Z Z Z Z 133 ~ 0 0 o =' =' · ~ .o .o :~ .> ._> '.~ 0 CD CD CD 0 CD CD CD 0 0 0 0 CD 0 0 0 ~~ ~ ~ ~ o o o o o o o o o o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 ~" ~ o o o o o o o 't:: .. ._> ._> ._> ._> > ._> 0 0 0 0 0 0 -~ o o rn n~ m ,-n m n~ ~ o 0 ~Z CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' FROM: DATE' RE' Mayor and Council Members Carol L. Freas,~City Clerk City of Kenai // May 8, 2000 PERSONNEL ARBITRATION PANEL With the appointment of Mike Baxter to the Parks & Recreation Commission and his attached resignation from the Personnel Arbitration Panel, there are now four vacancies on Panel. I have attached a copy of KMC 23.35.032 for your review. Does council have any suggestions of residents of the city who I may contact and ask if they are interested in an appointment to the Panel? If you do, please forward them to my office and I will send out letters upon my return from vacation. I will also request suggestions from employees. Suggestions already submitted are: dunie Steinbeck, Blaine Gilman, Shawn Brown. Clf Attachment 23.35.020 and health regulations and City law and policy regarding the same. (Ord. 1670-95) 23.35.030 Forms of disciplinary action. (a) Disciplinary action ranges from oral or written reprimands to suspension, demotion, and finally dismissal from the City service, and depends on the severity of the offense as well as the num- ber and the frequency of previous acts of mis- conduct. (b) It shall be the duty of all City employees to comply with and to assist 'in carrying into ef- fect the provisions of the City's personnel rules and regulations. No employee shall be disci- plined except for violation of established rules and regulations, and such discipline shall be in accordance with procedures established by the personnel roles and regulations. (c) Every deparnnent head shall discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action. Disci- pline shall be of increasingly progressive sever- ity whenever possible. (d) A written notice shall be given each employee for each written disciplinary action stating the reasons for the disciplinary action and the date it shall take effect. The notice shall be given to the employee at the time such action is taken. A copy of the notice signed by the employee shall be placed in the employee's personnel file and shall serve as prima facie evidence of delivery. (e) All regular employees shall have the fight to appeal disciplinary action taken against them within five (5) working days afmr receipt of notice by employee of the disciplinary action. Appeals shall be made as grievances in accor- dance with the provisions of KMC 23.35.040 except that appeals from suspension, demotion, or dismissal shall be made directly to a Person- nel Board selected from the Arbitration Panel provided in KMC 23.35.032 by filing such appeal in writing with the City Clerk, setting forth the background, the disciplinary action, and the reasons why the disciplinary action is felt to be unjust. (Orals. 336, 537, 89-1347) 23.35.032 Arbitration panel. (a) There is hereby established an Arbitration Panel consisting of twelve .(12_) members who shall be chosen by the City Council from nomi- nees made by City employees and by members of the City Council. (b) A member of the Arbitration Panel must be a resident of the city of Kenai and must not hold a~y other office or position in the government o~.f__~e City of Kenai. (Ord. 1611-94) (c) Members of the panel shall serve for indefimte terms until termination by the Council, resigna- tion by the member, death, move from the City of Kenai, election, or appointment as an officer or employee of the City of Kenai, or incapacity of the member. (d) By adoption of this ordinance, the city hereby waives any claim or cause of action it might have against any member of the Arbitration Panel based on his or her service thereon or on a Personnel Board. Any employee, by filing an appeal under the provisions of this chapter, likewise waives any claim or cause of action such employee might have against any member of the Arbitration Panel based on his or her service thereon or on a Personnel Board, and if requested such employee will execute and f'fie a formal waiver at time of filing appeal. 'Ords. 537, 619) 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 desi~ee shall serve a copy of the an- 408 May 5, 2000 City Council City of Kenai Dear Council Members, Thank you for allowing me to serve on the Parks and Recreation board. It is my understanding that since I already serve on the Personnel Arbitration Board that I must receptively ask to be released from this position in order to set as a member of Parks and Recreation. Thank you for your confidence in my abilities to help serve the community. Sincerely Yours, Mike Baxter INFORMATION ITEMS KENAI CITY COUNCIL MEETING May 17, 2000 . . . . o Public Works Project Status Report Kenai Senior Connection: 2000 Gaming Permit Application. Kenai River Special Management Area Advisory Board: 2000 meeting. Minutes of April 20, Talking Points for the Week, May 8, 2000. Kenai Municipal Airport Enplanements report for April 2000. Project status Report A=Active NC=Non-Construction F=Future STIP=State Trans. Imp. KK- Keith Kornelis JL- Jack La Shot RS - Robert Springer MK - Marilyn Kebschull Jet- Jan Taylor A/NC/F/ CltyContaet ProJeetName A KK 1999 Water System Improvements (WH 1 & 2 & PH) Status Zubeck, Inc. working on new Pump House Building and piping. Project is about 99 percent .complete. IISCO is working on controls. A JL A JL/RS Alaska Regional Fire Training Facility, ARFF Challenger Learning Center Reseeding to be done in May. Building is substantially complete. A MK Comprehensive Plan $60,000 appropriated in Capital Project Fund. A JL Contaminated Soils - Shop Draft report being reviewed by Administration. a JL Kenai Airport Fire Station & Warm Storage Facility Schematic design, estimate, and site plan submitted to FAA. Site work bid ad for mid June. A KK Kenai Coastal Trail Peratrovich, Nottingham, & Drage...Received extra Design Concept Reports...City is seeking funding. A JL Maintenance Shop Preliminary plans and specifications complete. A KK Mission Bluff W & S Relocation Surveyor located manhole elevations...Next step will be design engineering. Have applied for DEC grant. A JL Multi-Purpose Facility Tarp is to be installed. Punch list items to be completed. a JL New Kenai Health Center Design development continuing. a KK STP Expansion/Planning Have received DEC Grant... Start late this winter. A JL Underground Storage Tank- Airport Additional monitoring wells and testing complete. Report submitted to ADEC. Wednesday, May 10, 2000 Page I of 2 A/NC/F/ SlIP A KK conta)t Project Name WH 4 Status Agreement with Borough on land use at Swires and Lawton has been reached. F MK Title 14 Review In-house review beginning with this Council meeting. P & Z Resolution recommending approval to Council. Introduced at May 3 Council Meeting. Public Hearing May 17. Sign Code being rewritten by Legal Dept. NC JL/RS ADA City Building Study Library railing being installed. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Design FFY 00 at $250,000...ROW FFY 01 at $100,000...Constr. FFY 02 at $3,800,000. STIP KK DOT- Forest Drive/Redoubt Bid awarded to Foster Construction. Construction is tentatively scheduled to start in June. STIP KK DOT- Spur 10.6 - 22.0 Construction scheduled for this summer. DOT public workshop April 5 from 6 - 7 p.m. in Kenai Council Chambers...Sent DOT two letters with requests. STIP KK DOT- Unity Trail Pathway Pathway along Kenai Spur from MP 2.8 to 8.1. Design FFY 99 at $200,000...ROW FFY 00 at $100,000... Construction start FFY 00 and complete FFY 01 at $1,700,000. Wednesday, May 10, 2000 Page 2 of 2 Alaska Department o! Revenue State of Alaska Income and Excise Audit Division PO Box ~o4=o 2000 Gaming Permit Application Juneau, Alaska 99811-0420 AS 05.15.020 . Telephone (90 7) 465-2320 This form is also available on the ]:ntemel: al: www.revenue, state.~lk, us/iea/forms . ORGANIZATION INFORMATION F~deral FIN .... = Permit Number 92-0131229 Organization Name Kenai Senior Connection Mailing Address ' 361 Senior Court City lSta, e , Kenai AK 99611 TYPE OF ORGANIZATION (check one box. For definition see AS 05.15.690) I~ Charitable I~l Fishing Derby Associalion I~ Nonprolil Trade Association {~ Civic or Service I~l Fraternal I~ Outtx3ard Motor Association I~ Dog Mushers Association {~ Labor I~l Police or Fire Department I~ E.ducalional I~ Municipality l~ Polili_C-g__l ORGANIZED AS !'[~ Corporation I~ Partnership .. ~ Association PERSONS IN CHARGE OF C-~MES. PerSOns must be active members ol lhe organization, or an employee ol the municipality, and designated by the organization. Members may not be licensed as an operator, vendor, or employee of a vendor. Primary Member Name Allemate Member Name · Chec~ o1:. Q N~ I~1 Renewal Telephone Number (907) 283-4156 Fax Number (907) 283-3200 E-mail Address senior@ci, kenai, ak. us Religious Velerans IFIA/Nalive Village Social Security Number Daytime Telephone Number Social Security Number Daytime Telephone Number Mailing Address City. Slate and Zip Code Has the primary member taken and passed the tesl? Permit number under which the test was laken. I Mailing Address I Cily. Stale and Zip'Code ' Yes I~ No lHas the allernale member laken and passed the lesl? I~ Yes J Permil number under which Il're test was taken. Q No THESE QUESTIONS MUST BE ANSWERED. (see instructions) I~ Yes {~ No Has any member of management or any person who is responsible for gaming activities ever been convicte(I ol a lelony, extortion, or a violation ol a law or ordinance ol this state or another jurisdiction thai is a crime involving their or dishonesty or a violation o! gambling laws? I~ Yes ~ No Does any member ol management or any person who is responsible Ior gaming activilies have a prohibiled financial inleres! as defined by 15 AAC 160.954 - 959. We declare under penalty of unsworn falsiflc, atiol% that we have examined this application, including any attachment, and that to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on this application or any attaclvnents is punisl~able by law. IPresidenl,..or Vice President SignatureC(.~'ee instru~_ ions) IMailing Address ol President or Vice President 361 Senior Court, Kenai, AK I Printed Name ' . Prirlted.l~ame 99611 IDaytime Telepi'#3ne Permit Fee: Check the appropriate box and enClose the correct amount, Th~ permit lee is based on 1999 estimated gross reCeipt~. See Instructions for mandatory attachments. Form 04-a26 (Rev. 07/99) Front A copy of this application must. be sent to all applicable municipalities and boroughs. 2000 Gaming Permit Application · ACTIVlTES CONDUCTED BY ORQANIZATION Facilily Name Physical Address Game Type(s) Is Facility Kenai Senior Center 361 Senior Court raffles I~ Owned I~1 L~ased IDonaled Owned Leased Donated Owned Leased [:~ Donated Q Owned Leased I~1 Owned Leased Owned Leased ~ Donated ACTIVmES CONDUCTED BY VENDOR (pull-tabs are the only games a vendor can conduct) Vendor registration and fee must be attached. Name ol Vendor Physical Address Vendor Number None ACTIVITIES CONDUCTED BY OPERATOR None ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE IName ol MBP Physical Address l None proce,eds from gaming, activities. (Be specific) i A]'i proceeds from raffles will lactivities of the Kenai Senior Fo,m 04-826 (Rev. 07/99) Back Game Type(s) Oper_ator.'s Li__~n. se Number Game Type(s) MBP Number DEDICATION OF NET PROCEEDS. The organization must plan to use the n'e! proceeds from gaming activities for politicaJ, educational, civic, p~'blic, chadlable. palriol~c or religious uses in Alaska. (See slalules and regulalions lot specific rules.) In the space provided, tell how your organizalion intends to use {he ne! be donated to the programs and Center. KENAI RIVER ~Special Management Area "Working together...for the river" Ie II. ***Tentative Meeting Agenda*** Thursday, May 11, 2000 7:00 p.m. City of Soldotna Assembly Chambers CALL TO ORDER A. Roll Call B. Approval of 4/20/00 minutes C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS IV. A. Kenai River User. Fees B. Seward Highway MP 8-18 Project OLD BUSINESS Ve A. City of Kenai Coastal Trail Project Update, Rick Ross B. Boat Wake Study PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. KENAI RI~R SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, April 20, 2000 City of Soldotna Council Chambers I. CALL TO ORDER A. Roll Call: Members Present: Jeff King, Ted Wellman, Jim Richardson, Peggy Mullen, Jim Golden, Ann Whitmore-Painter, Paul Shadum, Tim Navarre, Ken Lancaster, Robin West, Bill Shuster, Lance Trasky, Richard Ross, Deric Marcorelle, Chris Degemes Members Absent: Brannon Ames B. Approval of 3/9/00 Minutes: The minutes were approved as written. C. Agenda Changes and Approval: The agenda was approved as submitted. II. PUBLIC COMMENT John Mohorcich, Kenai Peninsula Borough, discussed Ordinance 2000-08 that proposes establishing a 50-ft. habitat protection zone along 13 main streams and rivers within the Kenai Peninsula Borough, plus adds 10 tributaries of the Kenai River if enacted. He stated the final heating for this ordinance would be May 2 in Seward. Dennis Randa spoke on water quality issues and the Water Quality Framework Plan. He believes the fiver cannot sustain its resource while being urbanized to the extent that it has been. He reminded the board that some studies have already been done regarding water quality and asked that these studies also be considered. He asked that standards beyond the drinking water quality standards be considered such as evaluating changes in the ratio of benthic invertebrates to other sections of the fiver. He noted that Montana set up standards to manage their riven by aesthetic and visual standards. He believes the water quality challenges that the Kenai River will face do not come from point discharges but from other areas, such as non-point source pollution. He felt if we wait until the drinking water quality standards are violated, it would be too late for salmon. Peggy Mullen arrived at the meeting. Kenai River Special Management Area Advisory Board ..... Ai~fi120, 2000 Page- '1 III. NEW BUSINESS A. Kenai Peninsula Borough's Kenai River Access Easement StudY, John Mohorcich John Mohorcich, KPB, stated the Borough received a multi-year 309 grant for a Kenai River Access Management Study. He pointed out them has been no plan in place to dedicate or vacate access points even though the Borough has the fight to do so. In response to a recommendation within the 1997 Kenai River Comprehensive Management Plan, the Borough contracted with McLane's Survey to complete a title search. They came up with a list of 191 parcels with public easements located upon them, from the mouth of the Kenai River to Snow River. These parcels were mapped and made compatible with the GIS system. Some landowners may not even realize they have access points. The Borough will notify the property owners and will go to each site to collect more data on the characteristics of the accesses. Mr. Mohorcich stated it is the Borough's goal to develop an access management plan with all involved agencies participating. There will be an agency meeting within the next two months, data will be collected in the fall and they will report back to the agencies. After that, the plan will go to public process. It is hoped to have the plan completed by June, .2001. The plan will help the Borough to have a better underStanding of all the access points along the fiver. It could then be used as a management tool to vacate access points that cannot or should not be developed and will point the way to which accesses should and could be developed. Property owners will be able to work with the agencies in the decision making process. Golden pointed out that once an easement has been vacated, it will be impossible to get back and this may cut down on public access. Mr. Mohorcich agreed, however, he noted that the plan will also identify access points that could be developed in the future for public access. Whitmore-Painter stated that the Planning Commission is very reluctant to vacate any access points to the Kenai River. Th.e petitioner must propose alternative superior or equal access before the Commission will even consider a vacation. She believed they would not be losing access points but that better access points may be provided. It was noted that in order for this plan to be approved, it would also have to be approved by the Borough Planning Commission and the Borough Assembly. The plan will be subject to public hearings through both these entities also. John stated that he would keep the KRSMA Board informed of the progress of this project. IV. OLD BUSINESS A. Update on River Terrace Contamination, Rich Sundet, DEC Tim Navarre joined the meeting. Rich Sundet, DEC, gave a brief back~ound of the contamination issue and the formation of the draft RI/FS for the cleanup process. DEC is currently receiving comments from involved agencies on the draft RI/FS. After the comment period, a proposed plan will be developed by Kenai River Special Management Area Advisory Board April 20, 2000 Page- 2 mid-May and then there will be a 30-day public comment period. The record of decision is planned for late June with financing for the project occurring during July and August. During August, them will be a pilot study for the design selection and the actual installation of the system will be in late August or September, 2000. Max Schwenne, consultant for OASIS, gave a slide presentation of the PCE contamination on the River Terrace site showing the extent of the contamination and viable remedial alternatives. He noted the contamination in the sediment on the DOT property, which could derail the upcoming bridge project. He pointed out the two plumes of groundwater, one of which flows towards the Kenai River and one that flows towards the storm drain paralleling the Sterling Highway. He pointed out the various test wells, as well as areas of contamination and noted the level of contaminant for each well. The time span for PCE degradation can vary with the anaerobic conditions. Mr. Schwenne believed it would take 15 years for the site to flush itself out. The proposed system designs are to treat the contamination and not the source area. They are not certain where the source is and believe it may be in or under the building, but they have been refused access to get data from under the building. Mr. Schwenne explained each of the alternatives in the draft RI/FS and the technology of each alternative. Wellman was concerned because of the time lapse since the contamination was found and the fact that contamination still exists on the site. He felt it was time for this issue to conclude and that the site should be cleaned. B. Water Quality Monitoring Framework Update, Michelle Brown, The Nature Conservancy Michelle Brown stated that Rick Wood is developing a training session in early May for persons collecting water samples. The original 29 sites were reviewed and it was decided to cut them down to 19 sites for a basic sampling. Northern Testing Labs has given a 30% discount quote of $9,933.00 per sampling. She is currently trying to find funding. Ms. Brown stated that they would consider the 1990 water quality study because it is comparable. She noted the monitoring is not intended to set standards but to look for trends over time and possibly spot problem areas early on. West suggested an MOU with interested agencies. He noted sample sites are located in the National Forest, the Refuge, state and municipal lands, and the Borough. Other interests also may want to enter into an MOU to help fund the water quality monitoring. The dollar amount has come down drastically and West believed that $10,000 shared among various agencies would not be a huge commitment. Ms. Brown requested that the monitoring be done twice a year so the amount of the shared MOU would be $20,000. Kenai River Special Management Area Advisory Board April 20, 2000 Page - 3 C. River User Fees - Summary_ of Research, Bill Berkhahn, Parks Bill Berkhahn, Park Ranger, stated he investigated how other states are collecting and applying fiver user fees. The 1997 Kenai River Comprehensive Management Plan recommended that a program of user fees be implemented to help fund fiver management and operations. To start the process, Bill investigated what is being done elsewhere in the country for fiver user fees. Under federal management, permits and fees are charged to finance operations. Very few fiver systems are managed on a state level and therefore, few require a fee. Many rivers run through lands managed as state parks; however, he could not find any fiver column, such as the Kenai River, being managed as a State park. The following were the three major programs he found: The Federal government authorized a Fee Demonstration Program in'1996 that would permit, among other types of fees, dedicated fiver user fees that would go back into fiver operations and management. Shuster added that the money is not to be used for replacement of funding but for additional services. Oregon has a program on the Deschutes River where a system was established through their scenic waterways and is combined with BLM. The state legislature sponsored special legislation dedicating these fees specifically for fiver management. · Montana has a designated user fee on the Smith River. Ranger Berkhahn stated that currently guides and other commercial operators pay permit fees, however, private boaters and other fiver users do not pay a fee to use the fiver. Most fees in the programs he researched assessed boaters and not bank users (except for campg'round fees and boat launches). Golden noted that state law prohibits the dedication of funds. Wellman a~eed that them is a constitutional prohibition of dedicated funds; most states do not have this prohibition. Degemes stated that would be one of the challenges of the management process. The monies could be collected as Program Receipts and then it would be up to the Legislature to m-appropriate the monies back to the program. She. stated that they might investigate whether funds could be collected and accounted for by the Borough and then have the funds shared by the municipalities, the borough, State Parks and the Kenai River Center for fiver management. Richardson commented that the State has a monopoly on the Kenai and Kasilof Rivers where boaters already pay a fee to launch their boat. He inquired if this user fee would be another fee added on top of the launch fee. Shadura suggested slightly raising campground, launch and parking fees along the Kenai River to cover. King suggested doing away with the season passes and make users pay per event per facility. 'Kenai River Special Management Area Advisory Board April 20, 2000 Page - 4 Degemes stated this is just a starting point to see if Parks should or should not pursue fiver user fees. Ross stated the City of Kenai has the same dedication problems. Grants collected through the Borough could be a possibility. He cautioned that placing additional fees on top of launch or camping fees would not be popular with the public. Wellman placed fiver use fees on next month's agenda. He stated he would like to review the masons why the public stated during the public process of the Comp Plan that they wanted more enforcement, more services, etc. even if they have to pay for it. He asked Parks to supply revenues collected from camping, parking and boat launches along the Kenai and Kasilof Rivers. D. Boat Wake Study Progress Report, Lance Trasky Trasky stated they had a teleconference with Dr. Maynord of the Waterway Experiment Station in Mississippi and resolved many issues. There are still a few areas that need refining such as whether or not all engines will be tested and whether they will look at maximum wake or planing wake. Testing is tentatively scheduled for August 1-3 on the Kenai River, with testing on Johnson Lake the week earlier. Golden requested that the Boat Wake Committee get a longer lead time on notification of meetings and also requested that the information be sent to Brett Huber. E. Kenai Peninsula Borough's Lawsuit .over the Kenai Area Plan Navarre reported that Borough Mayor Bagley gave notice that he was going to file suit against DNR over the Kenai Area Plan, and gave the Assembly a chance to address it at the last meeting. During the debate, five members spoke against and three spoke in favor of the lawsuit. Unless them is some new information available at the next Assembly meeting, he believes the Assembly will take themselves out of the lawsuit. DNR has agreed to postpone the 40-day role for the Assembly to make their decision after the May 2 meeting in Seward. He spoke regarding two of the parcels in question, lands along Kenai Lake and Upper Trail Lake, and felt that the Assembly has already spoken on record to add them to the KRSMA. While the lawsuit is broader than those two parcels, they are the focus points. V. PUBLIC COMMENT Brett Huber spoke on the River Terrace issue. He appreciated Mayor Lancaster's efforts t© "rattle the chain" and get the clean up started! He recommended the following acronyms to be added to DEC's report: Frs -Find the Source; SMTM- Show Me The Money; and LGTDTCU- Let's Get This Dam Thing Cleaned 'Up! He urged the Board to do what they can to elevate the cause. Mr. Huber also stated that it is good to incorporate the prior water quality report into the water quality monitoring report. He suggested adding one more site on the main stem estuary; and if the monitoring occurs twice a year, he recommended a high-flow and a low-flow level. Kenai River Special Management Area Advisory Board April 20, 2000 Page- § Mr. Huber took exception to the statement that private boaters pay nothing for the fiver. As long as there are general funds in the budget, the statement is not accurate. He hoped user fees would not price families out the opportunity from enjoying the river as it should not be just a "rich man's playground." Mr. Huber noted them was still an opening on the Board and reiterated his desire to serve on the Board. VI. ADJOURNMENT A. Board Comments: Trasky asked everyone to give him their current e-mail address and he would be happy to send the boat wake information to them. Marcorelle stated FERC sent a letter ordering the modification of the contamination control plan at the Cooper Lake Power Plant. Included among the five points to be modified is that a third party will be hired to monitor the work and that Chugach Electric Association will apply for a permit for the discharge into Kenai Lake. Degemes stated that Phase II of the Slikok Creek project is concluding. The project will provide improved fiver access along with bank restoration on the upstream side of Slikok Creek. The project came in $70,000 under the engineer's estimate so extra boardwalk and handrails will be installed. Trasky stated Mr. Winterferd would be looking at the PCB situation at the Chugach Power house on May 4. He would like him to also sample the sediment and fish. Shuster stated he was disappointed that the FERC letter did not mention monitoring or sampling of the sediment placed on the roadway, from the dredging of the tail race in former years. Contamination from this sediment could work its way back to the fiver. He was pleased to find out that they have requested a map showing where overburden was placed. Shuster also discussed the DOT project between Mile 8-18 in which the construction assembly area is in a gravel pit adjacent to Snow River. Given the probability that this may be the year that the glacial dammed lake releases its flood waters and floods the area, he suggested that the board write a letter to DOT to have an evacuation plan online. Generally, them will be two to three days warning, however, them may be problems moving all the fuel and equipment. Navarre stated he will get with the Borough's director of Emergency Management, John Alcantra and will make sure he is aware of the potential problem. It was requested to place this issue on May's agenda. Shadura inquired about the Borough's access study. He stated the Board of Fish has the duty to restrict area for sportfish purposes and he wondered if the Board would also control public access areas. Navarre announced that the Assembly approved $171,000 additional funds to complete the Kenai River Center. He believes them will be an open house in June. Kenai River Special Management Area Advisory Board April 20, 2000 Page - ~ B. Date/Agenda of Next Meeting The next meeting was scheduled May 11 in the City of Soldotna Chambers. Agenda items will include Kenai River User Fees and the DOT Evacuation Plan at Snow River. Having no further business, President Wellman adjourned the meeting at 10:00 p.m. Respectfully submitted, Earlene Reed, Recording Secretary For the Division of Parks and Outdoor Recreation Kenai River Special Management Area Advisory Board April 20, 2000 Page- 7 aking to the Issues Conrad: SusQn Scudder Governo[~s Office P.O. Box 110001 Juneau, Alaska 99811-0001 phone 907.465.3500 fax 907.465.3532 governor@gov, stafe, ak. us ww~gov.~ate, a~us Coming Up... Gov. Knowles at noon May 16 addresses the Anchorage Downtown Rotary on the just- concluded legislative session and other pressing issues. Quote of the Week "In January, Gov. Knowles proposed a ~;510 million bond package that. followed the priorJly Iisi' and sought to give all Alaskans clean, safe and sound places ~o learn. There would have been few losers. Lawmakers did some good. But for bad reasons, they didn't do enough. And they didn't do it fairly." Anchorage Oaily News editorial, 5/4/00 OJ? inadequate legislative funding forschools Talking Points for the Week of M~y 8, 2000 Legislative Session Progress Mixed, Contracts Approved I Session Produces Progress, Failures for Alaskans. Before adjourning this year's session, the state Legislature agreed to many ofGov. Knowles' requests to continue progress for children and keep the economy healthy. But it failedto muster the courage to tackle two issues of key concern to Alaskans - subsistence and the budget gap. Of'the 152 bills passed during the session, lawmakers approved 41 introduced by the governor or which were rolled into other measures. Advances in Protecting Children Continued. The Knowles-Ulmer administra- tion called the coming year's budget The Children's Budget, and lawmakers agreed to many requests for continued progress in protecting children. They eliminated the waitlist for newborns needing diagnosis and treatment of developmental disabilities, partially funded advances in foster care, subsidized adoptions, residential child care, training for foster parents and other child care providers, child care assistance, and youth detention opera- tions. However, the legislative majority_ denied requests for updated background checks of foster p__ar_ ents to ensure the safety of foster children, and refused to add 400 more Alaska children to Head Start. I Quality Schools Progress Mixed. Lawmakers agreed to partially fund the governor's request for Quality_ Schools _grants to help prepare Alaska students forthe exit exam and other student performance. But they altered the way those grants are paid, discounting the higher costs of providing education in mini Alaska. The Legislature partially funded the governor's proposal of nearly $17 million for the University of Alaska, with $8.6 millior~ And lawmakers fell short of adequately providing for sorely needed new schools and maintenance, especially long overdue repairs needed at dozens of rural schools. Over the coming weeks, Knowles will evaluate the impact ofthat short-funding mad talk with school districts to detemfine il'another look at school funding for classroom operations and for construction and repair is necessary. I Governor's Economic Initiatives Approved. Fair, competitive and cost-effective new contracts for state workers were finally approved by lawmakers, though they required a special session to finish their work. The contracts call for modest pay increases and will. help the State attract and retain qualified wOrkers. They also agreed to the govemor's historic endowment for affordable energy_ for rural Alaskans, removingthe annual battle over funding the Power Cost Equalization program. I Major Issues Not Addressed. The legislative majority ignoredtwo major issues _crying out for attention-the budget gap, which remains a threat to Alaska's continued economic good health, and subsistence. The tip ofthe iceberg of federal managemem of Alaska's fish and game resources emerged last week on the Kenai. The governor is review- ingthat Federal Subsistence Board decision and considering whether to request legislators give Alaskans the oppommity to vote on a subsistence constitutional amendment this fall. Receive updates and news via e-mail by subscribing to our. E-mail mailing list! Send us an e-mail al' governor@gov, sml'e.ak, us and we'll sign you up! APRIL 20OO 6,4O9 I-TRAN$'NOI~TH ER'N :__ _.__....____v. N - ___. _..AVIATIO 122 1.90% ERA - 6,287 98.10% 2000 Monthly Enplanements Month ERA TRANSNORTHERN Monthly Totals Jan 7,472 387 7,859 Feb 7,715 100 7,815 Mar 7,536 121 7,657 Apr 6,287 122 6,409 May 0 0 0 Jun 0 0 0 Jul 0 0 0 Aug 0 0 0 Sep 0 0 0 Oct 0 0 0 Nov 0 0 0 Dec 0 0 0 5 Year Average 8,480 7,790 9,048 8,039 8,829 10,552 13,673 12,096 9,709 9,628 9,492 8~771 Totals 29,010 730 29,740 116,107 Iii-i--~U~e Startsserv_ice JU!.Y 15th' ?999,..ended service DeCember__.8!h_.__~ i Transnorthern Aviation started service December 11th, 1999.