Loading...
HomeMy WebLinkAbout2005-03-16 Council PacketKenai City Council Meeting Packet March 16, 2005 AGENDA KENAI CITY COUNCIL -REGULAR MEETING MARCH 16, 2005 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 *All items listed with an asterisk (I 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: 1. ITEM C: ITEM D: ITEM E: ITEM F: SCHEDULED PUBLIC COMMENTS (10 minutes) Christy Miller -- FEMA/National Flood Insurance Program UNSCHEDULED PUBLIC COMMENTS (3 minutes) REPORTS OF KPB ASSEMBLY. LEGISLATORS AND COUNCILS REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE PUBLIC HEARINGS 1. Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly 1/� of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re -subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision Excluding Evergreen Subdivision Kim Addition From Rural Residential (RR) to Recreation (R). 2. Ordinance No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General Fund for a Grant for One (1) Traffic Safety Speed/ Message Trailer. 3. Resolution No. 2005-07 -- Authorizing Application for Funding Assistance for an Outdoor Recreation Project, Kenai Soccer Park, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. - ITEM G: MINUTES 1. *Regular Meeting of March 2, 2005. ITEM H: OLD BUSINESS 1. Approval -- Kenai City Council Student Representative Policy ITEM I: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $2,500 3. Ordinance No. 2078-2005 -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." 4. *Ordinance No. 2085-2005 -- Clarifying KMC 22.05.080(a) and Amending It by Adding Language to Allow the City to Lease, Devote or Grant Real Property to Qualified IRS Section 501(c) (3) Non -Profit Corporations Without Public Sale at an Agreed -Upon Consideration. 5. *Ordinance No. 2086-2005 -- Declaring Parcel #049-130-14 KN0001422 T05N R 11 W SO 1 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is Needed for a Public Purpose. 6. Approval -- Request for Termination of Lease / Cliff R. Everts d / b / a Everts Air Fuel, Inc. -- Lot 5, F.B.O. Subdivision No. 8. 7. Approval -- Renewal of Shore Fishery Lease / Randy Canady -- Tracts 5 & 6, Shore Fishery Plat No. 71 ITEM J: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees ' a. Beautification Committee b. Alaska Municipal League Report C. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT MAYOR'S REPORT MARCH 16, 2005 REGULAR COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: REPLACE: F-3, Resolution 2005-07 -- Estimated Annual Operation & Maintenance Costs attachment to memorandum included with resolution. CITY MANAGER ADD TO: Item I-3, Ordinance No. 2078-2005 -- Addendum to 3 / 7 / 05 memorandum, with w/ s regulations & rates comparison, included with the ordinance. CITY MANAGER ADD TO: Item L-1, Department Head Reports -- Kenai Fire Department Report CITY MANAGER CONSENT AGENDA REPLACE PAGE NO. 8: Item G-1, 3 / 2 / 05 Council Meeting Minutes (correction at H-1, second bullet, the value of the land is not considered an in -kind contribution...) CITY CLERK MAYOR'S REPORT 01111111 01111111 1 �"1111' I hill- �111111' all I'1"1 oil �II"111 I�"1111'' h a • • u O CD z W W J V z n O V C` CO W W W L.L.. W W (/)Q o!:Doo3:Q Ji-w C/) C� m CL M CnIml oil ca W W WwW 0 oo3:Q L W M10.1micnimi i • r Kenai City Council Prepared for March 16, 2005 Council Meeting by Christy Miller HISTORY of Cipy of Kenai & National Flood Insurance Pro ram NFIP • Prior to March 18, 1980 the City of Kenai participated in the NFIP as part of and under the Kenai Peninsula Borough's participation in the program. • On March 18, 1980 the Borough was suspended from the NFIP for failure to adopt floodplain management regulations. • On Nov. 18, 1986 the KPB Assembly was reinstated in the NFIP bypassing NFIP Ordinance -- KPB Title 26.05.030 A. Lands to which ordinance applies excluded the cities of Homer, Kenai and Soldotna. • NOTE: Borough joined as a result of October 1986 flood that resulted in a Presidential Disaster that primarily impacted Seward and eastside of Borough. Federal Disaster Assistance was withheld in flood hazard areas pending Borough joining the flood program. Homer joined the NFIP effective 7/17/2003 as they were withheld certain Federal disaster assistance after the 2002 Disaster. • At State NFIP Coordinator's urging, FEMA finally provided written notice letter (1/10/1992) to Mayor John Williams stating that NFIP flood insurance is not available within the City limits and that Federal financial assistance for acquisition or construction purposes is not available within the designated flood hazard area • 9/27/1995 Carl Cook FEMA Region X and NFIP State Coordinator met with Kenai Planning and Zoning Commission to explain merits of participation in the NFIP.(after the 1995 Federal flood Disaster) • 12/20/1995 per Kenai City Council minutes and following Council discussion decision was not to pursue entry into NFIP. Present Situation • No Federal disaster assistance available in the event of a disaster in the mapped flood hazard areas. • Federal Flood insurance is not available to businesses or residents. • Federal financial assistance for acquisition or construction purposes is not available for developments located in the mapped floodplain. • The Department of Veteran Affairs, FHA or FHA cannot back mortgage loans. • New construction in flood hazard areas are at risk of flood damage, and may incur -, higher insurance premiums if City j oins program in the future. • City may have increased liabilities "No Matter Where You Live.. . Floods Happen " Would a Flood Damage Prevention Program Benefit Your Community? IS FLOODING AND EROSION A PROBLEM IN YOUR COMMUNITY? THREAT OF TSUNAMI POSSIBLE? Overflowing rivers, coastal storms, tsunami threat, flood -related erosion, and drainage problems -- all can result in extensive property damage, income loss, and sometimes loss of life. Add to these costs the disruption, inconvenience of repairs, and the trauma brought on by damage or loss of ones home or business. If the community you live in is subject to any of these problems, then your community needs a floodplain management program or flood mitigation plan. Local flood mitigation may include Structural Measures such as levees or erosion control. However, structural projects are expensive to install and maintain, and may only partially address local problems. Nonstructural Measures such as requiring setbacks from erosion prone areas, elevating new construction above anticipated flood heights, or restricting development in most hazardous areas should be considered. The most comprehensive nonstructural flood mitigation effort is for a community to join the National Flood Insurance Program (NFIP) thus making flood insurance coverage available to anyone in the community. WHAT ARE THE BENEFITS OF FLOODPLAIN MANAGEMENT? A floodplain management program can benefit a community by: • educating the public and local officials about the potential risks to life and property that exist in floodplain areas, • providing the opportunity for residents to buy flood insurance, thereby f transferring unprotected losses to insured risks; • protecting buildings, equipment, fuel supplies against flood damage, • minimizing costs of flood fighting and disaster assistance, • funding programs - loans and grants, even disaster assistance - not available unless a community participates in the National Flood Insurance Program; and • protecting floodplain resources. HOW CAN YOUR COMMUNITY DEVELOP A FLOODPLAIN MANAGEMENT PROGRAM? Each community should tailor its floodplain management program to local needs and circumstances. The first step is to determine the needs, desires, and attitudes of the community regarding local hazards. Ideally the program would address: • actions to reduce the susceptibility of life and property to flooding, • projects to modify the flood itself, • actions to minimize the effects on the individual and community, and • actions to expedite recovery from flooding. Cities and Boroughs may integrate flood loss reduction measures into comprehensive plans and existing ordinances. For example, subdivision regulations can be amended to require plat notes identifying known flood elevations or setback distances from eroding river front parcels. Or a comprehensive Flood Damage Protection ordinance and maybe needed. In all cases joining the National Flood Insurance Program should be considered. WHAT ABOUT FLOOD INSURANCE? Any owner or renter of property located in a community participating in the National Flood Insurance Program (NFIP) may purchase a flood insurance policy. Federal Flood insurance is not available to residents of communities that do not participate in the NFIP. The NFIP is a federal program enabling property owners to buy flood insurance at a reasonable cost provided their community carries out local measures to protect new construction from future flooding. For more assistance contact: Christy Miller, Planner / Certified Floodp lain Manager at (907) 269-4567 or by Email: CMsty Miller dced.state.ak.us Need more information, visit these websites: hap://www.dced.state.ak.us/dca/nfip/nfip.htm http://www.floods. http://www.floodplain.org/index.htm Congratulations to these Cities and Boroughs that do participate in the NFIP: Anchorage, Aniak, Bethel, Cordova, Delta Junction, Dillingham, Emmonak, Fairbanks North Star Borough, Fort Yukon, Galena, Haines, Homer, Hoonah, Juneau City and Borough, Kenai Peninsula Borough, Ketchikan Gateway Borough, Kotzebue, Koyukuk, Kwethluk, Lake & Peninsula Borough, Matanuska-Susitna Borough, McGrath, Nenana, Nome, Petersburg, Shishmaref, Sitka, Skagway, Togiak, and Valdez! KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 12 D- 4 . Library Commi s s ion Councilman Moore reported e orted there was no meeting since the last • e did report the open house at the library council meeting. Moor p ended. s a huge success and that over 300 people att was g • asked if the number of card users at the Councilman Smalley libraryinclude summer residents. Library Director De Forest residents are automatically answered, the summer resid renewed by computers Smalley asked if 12,500 would be closer to the actual i number for use information nformation n the Comprehensive Plan. De Forest answered yes. D-5, parks & Recreation Commission Councilman Bann p Bannock reported a meeting was held two weeks ago. , included in the packet. Tim Wisniewski was The minutes were i ad ded as a new member• Bannock added, in referring to the report of the vandalism to the restroom at the beach, the Commission sent along a respectful, "told you so." e building be strapped up for six months to Bannock suggested the g a protect it from further damage. Smalley and Booke y gr eed. p restroom at C Smalley asked if theunningham Park was as � vulnerable as the one at the beach. If it i •s , he would like both to be banded and plywood p 1 ood laced around theme After a short 'on discussion, Williams suggested Administrate protect the assets of the city. Council agreed. D-6. Planninq 4 Zoninq Commission reported the minutes of the last meeting were Councilman Smalley P included in the packet. Smalley reported the Commission discussed the National Flood Insurance Program.The Commission was concerned that t� the flood area. The Commission he Program could severely limit development in a sample in has requested op ordinance be drafted and brought back to them. They want to ` at when reviewing a draft ordinance, the city s insure that, protections are included and wouldn't create difficulties for the residents. Smalley suggested the Harbor Commission also be invited to the work session scheduled on January 230 the Comprehensive Plan is progressing. The The updating of p objectives of other Commission also discussed the goals and } KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 19 Memorial Day services, the park is not used for more than one- half hour and many tunes, there are more than 50 people in attendance. Swarner added she did not disagree with Measles in regard to using the park for weddings, memorial services, memorial services, etc. If there is going. to be entertainment or food, the event should be at the green strip. Councilman Bannock stated he would like to see a definition of activities that would be allowed, i.e. weddings, funeral, memorial services, etc. would be acceptable. Birthday parties, Kenai River festivals, etce should not be there. Williams suggested no functions be held at the park at which food is a major part of the event.Events with food, etc., should use the green strip where electricity, barbecues, water and restrooms are available. Council requested Administration to develop guidelines be developed for use of the ark. p p The guidelines should be brought ' back to council for final review. 3-8. Discussion - National Flood Insurance, Councilman Smalley reported the concerns of the Planning & Zoning Commission's review of the flood insurance ordinance. Item 1.4 of the prevention ordinance includes much of the same concerns council had with the overlay ordinance. The ordinance could limit or restrict development. Another concern was what kind. of cost factor would it have to the city. An estimate of cost to the city would be the time. in drafting the ord4 nance:. cost- of advertisement of public hearings, and the policing of the ordinance. Smalley added that Item 1.4 was the major concern of the Commission. However, passage of the ordinance would allow for flood insurance to be purchased by property owners. Councilman Measles stated the same concerns were why the city did not go into the program in the 19801's. In the recent flood, it was found the Borough did not police their ordinances, building codes, and other requirements which they agreed to do when they began their participation in the flood insurance program. Williams stated his question was whether the city should join the flood insurance program based on the number of people that would be affected in the city in a historical perspective. Williams KENAI CITY COUNCIL MEETING MINUTES December 20, 1995 Page 20 added, mo st of the damage along the River was due to erosion and notjoining g t floodin 8 the program, would the community be Y done a service? Councilman Measles asked if the. acquiring. flood insurance improve the property owners' situation in order to get insurance for flood erosion? If they went to a stare company p pery standardfor insurance? Meas les stated he did not believe that there was anyone inside the city who was affected directly by the flood. The damage in the city was bluff erosion, not flood damage. Measles added, if the citydecides to join the flood insurance program, all the ? requikements of the flood insurance program would have to be included in the cit 's building codes, permitting processes, etc. Measles addedy if the city was participating in the flood insurance program, homeowners may not have been able to build Y their homes where the are built. If all of what is stated in th program raga is followed, insurance costs would be cheaper because g the homes wouldn't be built where they are and there would be no risk. Smalley le stated those were the discussions which Planning & Zoning had on the subject. Williams added, participating in the program could prevent a contractor from developing property along the bluff. 800key agreed. Council referred to the question included in City Engineer La ot's memorandum regarding the flood insurance program which Sh g �-� asked, "Should aftinistration proceed with preparation of.z resolution and ordinance using the samples as a guideline and begin the process of adoption? Council's answer was no. -- Disaussioa - State Transportation Needs and Priorities. 8 9. Director Kornelis reviewed the Needs and Priorities Public Works Di the with council notingthat comments needed to be forwarded to ' would include the State by January 8, 1996, Kornelis stated he topic in the next packet also in order for council to have more time to review the information and make comments. Kornel is noted that many of the projects listed are stated to be Kenai when the are not. Kornelis suggested a letter be sent in K Y to the State suggesting they correct the locations of the projects. Suggested by: Planning and Zoning Commission CITY OF KENAI ORDINANCE NO. 2083-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REZONING THAT PORTION OF THE EASTERLY 1/Z OF SECTION 36 LYING NORTHEASTERLY OF THE KENAI SPUR HIGHWAY AND NORTH OF EVERGREEN TRACT A RE - SUBDIVISION AND SOUTH OF JETTISON JUNCTION SUBDIVISION AND SOUTHEASTERLY OF BALLFIELD SUBDIVISION EXCLUDING EVERGREEN SUBDMSION KIM ADDITION FROM RURAL RESIDENTIAL (RR) TO RECREATION (R) WHEREAS, the above -described property is currently zoned Rural Residential (RR); and, WHEREAS, the City of Kenai is planning for the development of the above -described area for outdoor recreation and sports fields; and, WHEREAS, the above -described property should be re- zoned Recreation (R) to reflect their future use as a recreation area; and, WHEREAS, on February 23, 2005, the Kenai Planmng and Zoning Commission voted unanimously to re -zone the above -described property from Rural Residential (RR) to Recreation (R); and, WHEREAS, it is in the best interest of the City of Kenai to re -zone the above described property from Rural Residential (RR) to Recreation (R). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the portion of the Easterly 1/2 of Section 36 lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re -subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision excluding Evergreen Subdivision Kim Addition as shown on the attached map as Exhibit "A" is hereby rezoned from Rural Residential (RR) to Recreation (R). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16thday of March, 2005. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: Adopted: Effective: March 2, 2005 March 16, 2005 April 16, 2005 NOSLN38 aG IS3HO�d HJUJON aLUJ I i w i I Z 3: > 0 ► uj Lu 0 w w 0 U) 0 LL z Aa IL z LLJ < z lluj YMO I < 6 1 - x N3 1 Mm 10 e; Gagia co LU O z j # I t I yi s 3xr�-� ZO is TIM HiHON �S llf!) H.LbON ui 1 ui NA AA IS VSObl3aNC)d 40 1I I � I ! > IL I lkvm S-310V3 1 1 L—L e%e% VA 1 00 i I %a %a I %a bftl 11".1 7j IS A31NI)40VV is 0--FWIVVN 3�OJO 3 1 nki, ! is NMJ3zlJ3r ?rof4 cit LU IN -j = 0 �M43N uj z O is A31M., LU vi %A3NV!AVW > U) 1E co Id IN"D Q z I CA >LU Cf. IS 21311VH 14= z N llQaV 3A STAFF REPORT To: Planning & Zoning Commission Date: February 3, 2005 Res: PZ05-10 GENERAL INFORMATION Applicant: Linda L. Snow 283-7535 City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Requested Action: Rezone — Rural Residential to Recreation Legal Description: That portion of the E1 /2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub ' excluding Evergreen Sub Kim Addn. Street Address: 13072 Kenai Spur Highway KPB Parcel No.: 0431038 Existing Zoning: RR — Rural Residential Current Land Use: Vacant Land Use Plan: Neighborhood Residential ANALYSIS General Information: This is an application to rezone this parcel from rural residential to recreation. This rezone is being requested to accommodate a proposed sports field and outdoor recreation area for the City of Kenai. The property is currently zoned rural residential. Parks and recreation are a conditional use in the rural residential zone and a permitted use in the recreation zone. This parcel is approximately 53.8 acres fronting the Kenai Spur Highway and along Evergreen Street. A portion of the property abuts the backside of Evergreen Subdivision Kim Addition. This subdivision is zoned RS-1, Suburban Residential 1. The Comprehensive Plan Land Use Plan shows this land as Neighborhood Residential. Within the definition of the neighborhood residential classification, it states "Formal p P (parks)ublic outdoors aces are a critical feature in this district.» In October 2004 with the recommendations from the Parks and Recreation s 0510 Comment.doc - Page Commission and the Planning and Zoning Commission, the Kenai City Council set this property aside as needed for a public purpose. This action was taken to remove the property from being available for sale knowing that the Parks and Recreation Commission had been researching a possible outdoor recreation site at this location. City Engineer: Nothing additional. Building Official: No building code issues. RECOMMENDATIONS This rezone is being requested by the City of Kenai to accommodate a large, outdoor recreation area. The Comprehensive Plan identifies this area as neighborhood residential and notes that outdoor spaces (parks) are a critical part of this district. The requested rezone meets the criteria of Kenai Municipal Code 14.20.270 for an amendment to the official zoning map. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ05-10 2. Application 3. Map • CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-10 REZONE PERMIT KEHAL ALASU \`� Substitute A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: City of Kenai ADDRESS: 210 Fidalgo Avenue, Kenai, Alaska LEGAL: That Qortion of the E 1 /2 of Section 36 Lying Northeasterly of the Kenai Spur Highwa and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Addn. — 13072 Kenai Spur Highway PARCEL #: 04301038 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned RR — Rural Residential 2. The present land use plan designation is Neighborhood Residential 3. The proposed zoning district is Recreation 4. An appropriate public hearing as required was conducted on February 23.2005 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of That portion of the E 1 /2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Addn. is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, February 23, 20050 CHAIRPERSON: � to ATTEST: zAW the cdyaf KENAI, ALASKA U with a Past,- CIO wit�t a Future �' 210 Fidaigo Avenue, Kenai, Ala . a 99611-7794 Telephone: 907-283-7535 / F 283-3014 REZONING APPLICATION 1 1992 j ETITIONER City of Kenai F�j• ADDRESS 210 Fidalgo Ave,,, Kenai, AK 99611 PHONE 907-283-7535 LEGAL DESCRIPTION Sect. 36 Parcel #4301038 PRESENT ZONE Rural Residential PROPOSED ZONE Recreation P Intended Use and/or Reason for Rezoning: Sports Fields & Outdoor Recreation Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2 � Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. Rezoning Application Page 2 3. A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 4A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitio er's Signature ATTEST REZONING CHECKLIST: . - a. MAP b. SIGNATURES ti-" c. DEPOSIT/ADVERTISING FEE ($105) d. APPLICATION FORM OR LETTER � e. AFFIDAVIT OF POSTING �a IS3klO:f H18ON • > ! w � z vi < Gi z uj6. YJ 2r z < z 10 uj < L—jWO)o ---v<o " n W6 1 0 �— 0 "M 3 o oo z S TIM HibON I S 1119 M-Lbow Z Q < w 7 cr- r-7w ui uj %J ILA lag Lu Q EE AVM S..31CV3 0 7toN oc Lij U. 05 N3A IS A31NIADV4 I N6SNiH cr LU II j row SVE E ON WWRM Id INY110 W6 N3WVco g 0 ( Tit ,w E. A .S 7dXVrVW IS k1311vH z ON it 3A0kJ0 i ' ' f 3onki tf IS NOSN3.IJ3r niiEaaV MlDbV 431somnin cr. w W Z 0 IS A31MM On U) Villia e with a Past, Cl with a Future'� 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 bAd ........ Telephone: 907-283-7535 /FAX: 907-283-3014 1992 the cc'ty of KENAI, ALASKA A E PJ1 ■ ■ TO: Linda L. Snow, City Manager THRU: Jack La Shot, Public Works ManageroiQ r FROM: Marilyn Kebschull, Planning Administrator�)L DATE: March 10, 2005 SUBJECT: Ordinance No. 2083-2005 — Proposed Rezone 1 1 Council will be considering a proposed rezoning of approximately 53.8 acres located in Section 36. This property fronts along the Kenai Spur Highway and the backside of Evergreen Subdivision Kim Addition. Water and sewer are available. The property is currently zoned RR - Rural Residential. The request is to rezone the property to R - Recreation for a proposed sports field and outdoor recreation area for the City of Kenai. The Comprehensive Plan Proposed Land Use Plan shows this land as Neighborhood Residential. Within the definition of the neighborhood residential classification, it states, "Formal public outdoor spaces (parks) are a critical feature in this district." It appears the proposed rezone meets the intent of the Comprehensive Plan. The attached excerpt from the proposed land use plan shows how the land use plan identifies this land and surrounding lands. A recreation area that included open spaces and sports field with an appropriate buffer from the residential development meets the intent of the Comprehensive Plan and the future development of the City's Parks & Recreation program. It is my recommendation that the Council rezone the parcel from Rural Residential to Recreation. 7hY.L'OF rw In J Dear Mayor Porter and Kenai City Council Members: As concerned Kenai citizens and homeowners we are writing you regarding Ordinance Number 2083-2005, the rezoning and planning of a large parcel of land located immediately west of Evergreen Street. We are greatly concerned about plans to develop this area into,various sports fields. Our understanding is that four soccer fields are planned for development in the near future and that baseball fields, a campground and a park (on Evergreen Street) might come at an undetermined later date. Are concerns are as follows: 1) We are concerned that proposed "buffer zones" between Evergreen residences and the sports fields will not be nearly adequate enough. At a recent Planning and Zoning meeting a City Parks official was unable to answer basic questions regarding how large the proposed "buffer zones" would be. He stated that a 200 feet buffer might be adequate because of the existing trees in the area, but later stated that there were few trees in the area. We would like to see the sports fields fenced and therefore self- contained. 2) We are concerned about increased automobile traffic and foot traffic in the area. Evergreen Street is designated as residential and is illegal for use of thru traffic. To avoid conflicts we recommend installation of a dead end barrier at the north end of Evergreen Street. For emergency access from the fields if needed we would recommend using Redoubt Street not Evergreen Street. We do not want foot traffic passing through private residential property to access the fields. 3) We are concerned that the tentative design plans show no scale of reference. We would like to be informed and have input if and when such scaled drawings are made available. 4) We are concerned about the hours of operation and the user groups of the proposed sports fields. We have been told that the primary users of the proposed soccer fields will be children, namely Boys and Girls Club. However, there seems to be no plan to limit usage of these fields to children only. We are concerned about increased noise level, especially at night. We as residents would like to have input into any user agreement that would be enforced. S) We are concerned that the soccer fields will become "an eye sore". Currently we understand that the fields will basically be nothing more then unfenced, cleared areas, utilizing existing grasses and vegetations. According to the Parks official there is no plan to seed the fields or pave a proposed parking area for 60+ cars. All of these factors will greatly increase the dust in the area. 6) We are concerned about the sanitation and trash control of the area. 7) Lastly, we are concerned that to our knowledge there has been no public information meetings that we could have ask questions at and be informed about what the city's true intentions are for Ordinance Number 2083-2005. We hereby ask that you take into consideration our concerns that we have listed and take into account not only those who are pushing for a place they can utilize sometimes, but also those who desire a peaceful safe neighborhood to live in all times. Sincerely, Jerry R. Strait and Violetta Strait 303 Evergreen St. Kenai, AK 99611 283-9070 Ron and Carlyn Dukowitz 1807 4`h Ave. (Corner of 4�' and Evergreen) Kenai Ben and Leigh Langham 1806 4`h Ave. (Corner of 4`h and Evergreen) Kenai Sue Olson 313 Evergreen St. Kenai Wally and Leona Jackson 403 Evergreen St. Kenai Mike and Tootie Keeney 401 Evergreen ST. Kenai read AV re�srd, March 1 S, 2005 For Public Comment for Council .Meeting on March 16, 2005 Due to a family emergency I am unable to attend the council meeting and have asked that my comments he read during the public comments and discussion of Ordinance #2083- 2005 (rezone to recreation from residential). I am Sue Olson and live @ 313 Evergreen. Street which is on the intended park side of Evergreen Street. I also own the adjoining lot on the south side of my home. I realize that it is very early in the planning for the proposed soccer fields but feel it is important to begin discussion of its potential impact to our neighborhood. I would like to address the concerns that I have for your consideration. My first concern is the proximity of the soccer fields in relation to the four existing homes located next to the proposed area of development. I would like to suggest that consideration be given to an adequate buffer zone between the home owners and the soccer fields. Withouta, buffer the existing trees would be removed that currently provide privacy, sound and wind barriers. wring the summer the winds blow from the south and without a covering of some kind on the proposed parking lot the sand and dirt would be carried toward our homes. Also, of concern would be if ground for the soccer fields are stirred up, removing existing vegetation, that would also add to the blowing sand and dust. Laving a buffer of approximately 200 feet would save existing trees providing a buffer to decrease the effects of winds carrying sand and dust and also maintain the privacy of the home owners and provide a sound barrier. Another concern is the additional foot traffic that could potentially develop, especially on the lot next to my home being used as a "short-cuts' to the soccer field from Evergreen Street. There is additional concern that without an adequate buffer children could potentially wander onto my property and without adequate supervision could cause problems. It is my experience that children not involved in the game or practice are left unsupervised. I would like to propose a fence along the buffer to eliminate these concerns. There would also be less impact to the home owners if placement of the 4 proposed soccer fields could be designed so that they are not placed directly behind existing homes. It is my hope that you will take these concerns and give them y our utmost consideration during future planning. Thank you for this opportunity to share these concerns. � Suggested by: Parks &Rey CITY OF KENAI RESOLUTION NO. 2005-07 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR AN OUTDOOR RECREATION PROJECT, KENAI SOCCER PARK, TO THE STATE LIAISON OFFICER AS PROVIDED BY THE LAND AND WATER CONSERVATION FUND. WHEREAS, the Kenai City Council has approved a "Comprehensive Park and Recreation Plan" for the area which identifies a demand for more recreation facilities such as soccer fields and sports fields; and, WHEREAS, under the provisions of the Land and Water Conservation Fund, federal funding assistance has been authorized and made available to finance up to fifty percent (50%) of the cost of land for parks and the construction of outdoor recreational facilities for local governmental entities; and, WHEREAS, the Kenai City Council considers it in the best interest to develop soccer fields in the northern part of the city commonly referred to as Section 36, Parcel #4301038. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Kenai, Alaska, that 1. the City Manager is authorized to make formal application to the State Liaison Officer for funding assistance; 2. any fund assistance so received be used to develop the fifty-three (53) acres of land noted above; 3. the City intends, if this grant is awarded, to provide for its share of the project cost from the City's General Fund and in -kind contributions; 4. any property acquired or developed with financial aid through the State Liaison Officer be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless as otherwise provided and agreed to by the City Council, the State Liaison Officer, the National Park Service; and, 5. this resolution become part of a formal application to the Alaska Division } of Parks and Outdoor Recreation. - Resolution No. 2005-07 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16thday of March, 2005. PAT PORTER, MAJOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ,•f/c'lle witlT a Past Gip with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 /FAX: 907-283-3693 ttic city o f KEWALAS' �� MEMORANDUM To: Linda Snow, City Manager From: Robert J. Frates, Parks & Recreation Director Date: March 9, 2005 RE: Kenai Soccer Park Attached is an estimated annual operation and maintenance costs for the proposed soccer fields. Projected costs breakdown to approximately $442 per acre or $.Ol per sq. ft. The Kenai Peninsula Borough's Grounds Division costs for similar work is $.03 per sq. ft. The Kenai Peninsula Comp. Soccer organization has unofficially indicated they may be willing to accept responsibility for mowing and irrigation. To date, there remain questions how this may be accomplished. However, for comparison purposes I included estimated maintenance costs with and without their assistance. The difference is $3,834.00. I met with our Public Works Managers (Keith & Jack) and our discussions led us to believe that the City's in -kind match with respect to equipment usage and labor was appropriate, as submitted in our grant. However, Keith suggested adding 40% (benefits) to City personnel wages. This increases the City's in -kind by $648.80. Furthermore, I researched LWCF guidelines for accounting for equipment and labor and both appear to meet grant requirements. will continue working with KPC S in ways they can contribute above their current in -kind services. I will continue working with the Kenai Parks & Recreation Commission in exploring good management practices and site plan reviews in order to address some resident's concerns with respect to noise, buffer zones, and increased traffic. Over 40,000 local and state park, recreation, and conservation projects have been completed in the US since the LWCF program began in 1965. However, the future of LWCF state assistance program is threatened with termination in President Bush's FY 2006 budget request and related documents released February 7, 2005. The FY 2005 funds are subject to a rescission request as well. The timing may be right to participate in this program in order to address the shortage of community fields in Kenai. The Parks &Recreation Department would be happy to administer this grant for the benefit of the community and share in its success for many years to come. Attachment a 3 Le c 3 c o Q 2 v � C C � m O as C .O O V pp .0 , . C as .".+ .0 .. ` O ��wnas �� o A own CJ m; c41) rza ` O sum � L a .: •o E— �.= a��� o .. zazz .. PC .• as a .• o �w low o low "" o 0 Z o.: � C6 M ad iz Em E� ENO i Li CO) (n U) U) % i CO) L L ._ � c0 O O � O O N co co O � ch eo O C Q QD CV N �— N Ooo N LO CV) 00 W0 N Q Q Cl) N 4 m m m > j MIT qq E E Lee oa n w LM y L-LO L L LO LLO �O v .' N v- � N N 0 0 0 0 ti Lo ti M Q J Q Q m Q Q Q � w W W 4 a� Q � o o� U a) ^ > .r_ .0 30 �E I— •.•+ ,� = C O N '� as � iaes CD a� Q H WINES C o C) i>> C � F o J m a. 5 U ..� i— a� .� O U Lea -.—i O a. In V og 74 � N � w o� N 6�R art V a 0 o o •Clog '3� �W Suggested by: Administ CITY OF KENAI ORDINANCE NO. 2084-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $24,042.60 AND TRANSFER $2,671.40 IN THE GENERAL FUND FOR A GRANT FOR ONE (1) TRAFFIC SAFETY SPEED/MESSAGE TRAILER. WHEREAS, the Alaska Highway Safety Office has awarded a grant to the City of Kenai for a speed/message trailer; and, WHEREAS, the 2004 National Highway Traffic Safety Administration Motorist Behavior study shows that warning motorists of their speed via a speed trailer visual speed display is more effective in reducing overall incidents of speeding than writing traffic citations; and, WHEREAS, the objective of purchasing and utilizing the speed/message trailer is to make Kenai roadways safer by reducing the incidence of speeding, and number of vehicle crashes and corresponding injuries and fatalities; and, WHEREAS, the speed trailer has a programmable message board to display important messages and warnings to motorists of special hazards including roadway conditions, and special events. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1: The following budget transfers be made: General Fund Police - Professional Services Printing & Binding $11000.00 $1,671.40 $2x6 71.40 Police -Machinery &Equipment 2 671.40 Section 2: That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated revenues: Police - State Grants $24,042.60 Increase Appropriations: Police -Machinery &Equipment $24�042.60 Ordinance No. 2084-2005 Page 2 PASSE D BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16thday of March 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 2, 2005 Adopted: March 16, 2005 Effective: March 16, 2005 Approved by Finance: (02/25/2005)hl Memorandum To: Linda Snow, City Manager From: Chuck Kopp, Chief of Police Date: 2/25/2005 Re: Request for Ordinance Increasing Revenues in Police Machinery & Equipment for Traffic Safety Equipment funded by Alaska Highway Safety Office (AHSO) Traffic Safety Project — No. 050508 PT Cc: Larry Semmens, Finance Director A copy of Alaska Highway Safety Office Traffic Safety Project 050508 PT was sent for your review and approval on June 29, 2004. A brief summary of the grant program follows: The Kenai Police Department requests that the City of Kenai purchase a combination speed/message trailer, which will be placed at stationary locations along Kenai roadways. The trailer uses a radar instrument to show motorists their actual speed, and includes signs that show the speed limit. It also has a 4' x 8' programmable message board to display important messages/warnings to motorists. The overall objective of purchasing and utilizing the speed/message trailer is to make Kenai roadways safer. Individual objectives for the grant period include: reducing the number of motor vehicle crashes; reducing the number of speeders; reducing the number of fatalities on Kenai roadways. During winter, poor road surface conditions, the message trailer will be placed at problem areas of highway, warning drivers of hazards ahead. Year round, the trailer will be placed along Kenai Highways, advising motorists of the speed limit, and what their vehicle speed is. For special events the message trailer will warn incoming traffic of roadblocks, detours, parades, races, walks/runs, and general warnings of pedestrian traffic. AHSO has authorized the City of Kenai to purchase one speed trailer with a message board. The total equipment cost, including shipping and handling is $26,714.00. A 10% match is required. I am requesting an ordinance increasing appropriations to Police — Machinery & Equipment 001-421-8064 in the amount of $24,042.60 to purchase one (1) speed/message trailer. 0 Page 1 RlOPIOIGG Q� t� Ora M Ccr •O +� N LL e� cl N C e o V � CIS cc • • y aONO u L1. � i •L C u ♦""� t� o •N Q Z 130 W O ONO r Y O ._ o v oMLm (� CL L O V F_ as U� p — c = L �•=HONOT E '° L Q G.� o � m p O �.� 01�ago> a .ONO •• E •- x�z az • W a i, 'C •• go am z o O o a a o. c . �, E•r U E-� E.r N O O O O N co 00 O M M O M CD `O ti N N r- r- e- CCV d T- CIO Q Q � N N ccc0 = ? cccU CO N MT ccN T- E E CL a v v T L L L N ` ` L i L i t L L L L .0 to .0 In O L L Lo (0 r- 4 to N O e- O e- N N ' O CDCD o I` c M e- co M 10, N � cn cn p O N Q> N p N W W v Q ^ m O C .E E F- F- c .0-1 v) F- o c� N `L° o C ° C -v cn_ m O J .E m > U U U N u ^ > N N `. C cn o _O ,0) L IV f/f Y N m O 3 N N m m E V v L a� O co fl. 0 0 m N .0 a. m Y O O p O O C O O p 0 0 0 N N o0 O N N o0 W) W) M G N Goq C� w CA °• a04 c C a•• `•' �/ " C �D C a� 0O p C zz .� c �.. •; -ie ° o000 o 00 o 0 o ON00v1v1N eo W � � N •u r-, Q JE CD ^ b .r. � L O d' L. C ed ." .�.. 41mb H t .y Pol � a a � "� y G-� AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 2, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:Lvvrww.ci.kenai.ak.us 6:00-7:00 P.M. -- Work Session/Title 17 Proposed Amendments ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS minutes(10 ) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others. 10 a. Substitute Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ), Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others and Clarifying the Development Requirements Table. 2. Or dinance No. 2082-2005 -- Amending KMC 14.20.290 to Require Notices of Board of Adjustment Hearings be Sent by Certified Mail to the Appellant and Any Applicant for a Permit Being Appealed From at Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After the Filing of the Appeal; and, Updating and Clarifying Other Portions of the Appeal Process. ITEM G: MINUTES 1. *Regular Meeting of February 16, 2005. ITEM H: OLD BUSINESS Discussion -- Proposed Soccer Fields (Section 36) Grant Application Update. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 3. *Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly 1/2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re -subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision Excluding Evergreen Subdivision Kim Addition From Rural Residential (RR) to Recreation (R). 4. *Ordinance No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General Find for a Grant for One (1) Traffic Safety Speed/Message Trailer. ITEM J: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8. Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee • b. Alaska Municipal League Report C. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS 1. 2. 3. ITEM M: 1. 2. City Manager Attorney City Clerk DISCUSSION Citizens (five minutes) Council �CUTI'VE SESSION - None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MARCH 2, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2, ROLL CALL Roll was taken by the City Clerk. Present were: Cliff Massie Rick Ross Blaine Gilman James N. Butler, III Pat Porter, Mayor Joe Moore Absent was: Linda Swarner A quorum was present. A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: ITEM F-la -- Memorandum of clarification regarding Substitute Ordinance No. 2081-2005. ADD TO: ITEM F-la -- Memorandum from M. Kebschull noting an error In the sign code (Attachment D, Page 2) of Substitute Ordinance No. 2081-2005. ADD TO: L-2, Clerk's Report -- Kenai River Center invitation to participate In the "Floodplains: Linking Policy and Science" Conference in Seward, AK on March 31 and April 1, 2005. MOTION: Council Member Butler MOVED to adopt the agenda as amended and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 2 MOTION: Council Member Butler MOVED to approve the consent agenda as presented and Council Member Massie SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY9 LEGISLATORS AND COUNCILS Assembly Member Dan Chay -- Reviewed actions taken and discussions held at the March 1, 2005 Borough Assembly meeting, including the first hearing on the ro osed p P bed tax and the tabling the sales tax cap ordinance. Chay distributed a copy of Borough budget analysis and issues information which he explained he had been discussing with various groups in the borough. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Janie Odgers, Kenai Chamber of Commerce -- Distributed copies of the new business attraction brochure which was developed through the cooperative agreement between the city and the Chamber. She noted, with the brochure beingcompleted, they would now be working on the update of the Chamber's website and producing an informational disk for easy distribution. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others. F- la. Substitute Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ), Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others and Clarifying the Development Requirements Table. MOTION: Council Member Gilman MOVED to adopt Substitute Ordinance No. 2081-2005 and Council Member Ross SECONDED the motion. KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 3 The public hearing was opened. Nate Kiel, 404 Lawton, Kenai -- Kiel encouraged council's passage of the ordinance as he believed the establishment of a limited commercial zone (LCZ) is in the best interest of the city in order to develop certain types of businesses with defined footprints next to residential areas. When asked if he is satisfied a 2,500 sq. ft. footprint was sufficient, Kiel indicated he believed larger would be better. Roy Wells, 410 Lawton Drive, Kenai -- Wells reported he received notice the plat was being considered for Lawton Acres and reviewed the ordinance. He stated concerns with the proposed buffer zone, i.e. whether the treed area will remain treed due to Spruce Bark Beetle disease, etc. He stated, though he did not want to circumvent economic development, he urged council to tread very carefully. Mayor Porter noted the business before council was to determine whether or not to establish a limited commercial zone in the Kenai Municipal Code. She added, the Lawton Acres discussion would be coming forward at a later date. Wells also noted, the Kenai Economic Development Strategy indicates not to sprawl out the business area and have some cohesion. He added, if the LCZ can be concentrated in one area, he would be supportive of it. Glenda Feeken, 10692 Kenai Spur Highway, Kenai -- Encouraged passage of the ordinance, stating she felt the limited commercial zone was needed. Feeken stated she believed it would be better to have a larger footprint size allowed as people looking for commercial property, look for larger space. Bob Peters, Old Town, Kenai -- Peters suggested the five-foot buffer referred to on Page 2, Landscaping, be increased as he believed five feet was fairly close. He suggested the five-foot minimum be increased. Council Member Ross stated he understood the limited commercial zone would be used in transitioning neighborhoods and the requirements are more than what would be placed on a residence being built in the same area. He added, the setbacks referred to in the new zone had nothing to do with building setback requirements for a It subdivision. Bill Osborn, 423 Rogers Road, Kenai -- Stated he would like the total footprint, including parking lots, access, etc. included in the information. Council Member Gilman stated the restriction, like in other residential lots, that 30% of the property has to be undeveloped, still would apply. A KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 4 Gina Kiel, 404 Lawton Drive, Kenai -- Kiel stated she reviewed the information, and as a business owner in Kenai, feels the zone is needed. She added, her business would not be well suited to be next to a gas station or auto -body repair shop. For her business, she felt the smaller footprint would be sufficient, but suggested the allowed footprint be increased to 3,000 sq. ft. and encouraged council to increase it to that amount. City Planner Kebschull explained when the Planning & Zoning Commission began their review of the proposed ordinance, they agreed the footprint square footage is an arbitrary number. They used the Soldotna City Code as a reference which allows 1,300 sq. ft. footprint, and felt it was too small. They also used new office buildings g built in the city as examples of the types of structures they felt would be built in a limited commercial zone. Those buildings averaged a footprint of approximately 2,000 sq. ft. or less. After listening to the Kiel's concerns, the Commission raised the footprint to 2,500 sq. ft. Kebschull suggested, if council wanted to remain with the 30% lot coverage, a footprint of � up to 3,750 sq. ft. would be acceptable. She noted, the 30% lot coverage g was included because a large lot might be in the zone and would allow more than one principal structure on it. Kebschull added, if the footprint size remained at 2,500 sq. q ft., a developer could apply for a variance. Kebschull also explained, the referral to the buffer in this new zone is strictly a landscaping buffer. She noted, the city's landscaping ordinance is limited in the commercial/industrial zones, requiring a minimum of five percent landscaping and not specific. Kebschull added, they were hoping to create the intent of the zone to be a soft transition between residential and commercial and require landscaping. She noted, the landscaping buffer would be in addition to the buffer required between the lots. Discussion continued in which Gilman asked if retail and wholesale were conditional uses and not permitted. Kebschull confirmed that if someone would want to develop a retail/wholesale establishment, a conditional use permit would be required and additional restrictions could be placed on it as well. Council Member Butler confirmed, if property to be rezoned and included in the limited commercial zone could be larger than the 12,000 sq. ft. minimum, more than one building could be placed on the lot as long as not more than 30% of the lot was occupied. Kebschull added, as long as the required 12,500 sq. ft. per principal structure was met, plus meeting the parking requirements for every use and the landscaping requirement. Council Member Ross asked, if someone wants to develop in the limited commercial zone and wants to construct a building larger than the 2,500 sq. ft., application would KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 5 need to be made for a variance, neighboring property owners would be notified, etc., and the Planning & Zoning Commission would review the character of the neighborhood to determine whether the structure would fit into the neighborhood, as well as the lot size. Kebschull answered yes. Ross asked if there was an upper limit for which a variance could be requested and Kebschull answered no. Kebschull was asked if the Commission considered types of current zoning to transition into the new zone and Kebschull answered, the Commission are aware of the Spur Highway corridor and the Lawton Acres issues. MOTION TO AMEND: Council Member Moore MOVED to amend Attachment D(2)(A), changing the sixty-four (64) square feet to thirty-two (32) square feet. Council Member Ross SECONDED the motion. VOTE: Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Absent MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Gilman MOVED to amend Attachment A, 14.20.120(b), removing "... as long as the footprint of the building does not exceed 2,500 square feet..." and ending the sentence as "Principal Permitted Uses: As allowed in the Land Use Table." Council Member Moore SECONDED the motion. Gilman stated he did not want to establish a zone in which development could become prohibitive when considering costs for two-story buildings, ADA requirements, etc. and not encourage development. Ross stated he understood a limited commercial zone as a means to blend t' neighborhoods and commercial development; he believed the 2,500 sq. ft. footprint fit the transition; sees it as an effective way to provide a limited commercial zone along the Kenai Spur Highway where there has been resistance in the past; felt the variance permit procedure to be a good way to process requests for footprints larger than the code allows; and, he would support the 2,500 sq. ft. footprint provision. KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 6 VOTE: Massie No Ross No Gilman Yes Butler No Porter Yes Moore No Swarner Absent MOTION FAILED. Moore questioned the provision in Attachment D, Item 3(e) allowing a maximum 20' sign height in the zone. Discussion followed in which City Planner Kebschull explained the Planning &Zoning Commission discussed the issue in detail and agreed they would prefer all sign requirements to be the same. She added, the Commission also discussed the Spur Highway and the issues that came up over the Challenger sign and felt that could be workable. The sign height included in the proposed zone ordinance is less than what is allowed in the other zones. Ross, stated he did not feel a 20' height for a sign along the highway would be too high, but felt it would be out of place in a neighborhood area. He asked if there was a way to be transitional without having to request a variance. Kebschull explained, it was suggested a notation be included that if the property abuts a main or arterial street, the sign could be bigger, but not in a neighborhood. City Attorney Graves suggested the sign height could be reduced and an application for variance be required to allow something larger. MOTION TO AMEND: Council Member Moore MOVED to amend Attachment D(3)(e), changing the 20' height to ten feet. Council Member Ross SECONDED the motion and Council Member Gilman requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. MOTION TO AMEND: Council Member Gilman MOVED to amend Attachment A, Section (b), changing 2,500 square feet to 3,000 square feet. Council Member Moore SECONDED the motion. VOTE: Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Absent MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 7 Council Member Butler clarified, the council was considering the establishment of a new type of zone in the city and as it takes effect, no property has yet been included in the zone. He asked, as the parcels are identified to be included in the zone, will the Comprehensive Plan need to be amended? Graves reviewed the steps needing to be taken, i.e. identification of real estate to be included in the zone, amending the official zoning map, etc. VOTE ON MAIN MOTION AS AMENDED: Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Absent MOTION PASSED UNANIMOUSLY. F-2. Ordinance No. 2082-2005 -- Amending KMC 14.20.290 to Require Notices of Board of Adjustment Hearings be Sent by Certified Mail to the Appellant and Any Applicant for a Permit Being Appealed From at Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After the Fling of the Appeal; and, Updating and Clarifying Other Portions of the Appeal Process. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2082-2005 and Council Member Butler SECONDED the motion. There were no public comments. Butler asked if a verbal transcript of board of adjustment hearings are required and Graves stated, the public can purchase copies of the taped proceeding and often the City Clerk provides a written transcript of the proceedings for the convenience of administration and council. VOTE: Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Absent MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:08 P.M. BACK TO ORDER: 8:20 P.M. KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 8 ITEM G: MINUTES G-1. Regular Meeting of February 16, 2005 -- Approved by consent agenda. ITEM H: OLD BUSINESS H-1. Discussion -- Proposed Soccer Fields (Section 36) Grant Application Update. City Manager Snow refereed to her memorandum included in the packet and noted, a preliminary Land and Water Conservation Fund (LWCF) grant application had been submitted by the city for development of Section 36, Parcel #4301038. The application was ranked and the city is now eligible to submit a final application. Snow noted, a resolution authorizing the grant application and pledging commitment to the project will need to be considered (a draft of the resolution was included in the packet review); the city would be required to pledge local matching funds; and, the LWCF requires the property acquired or developed with its funds to be placed in use as an outdoor recreation facility and be retained in such use in perpetuity, unless as otherwise provided and agreed to by the council, the State Liaison Officer, and the National Park Service. Snow requested council's direction whether to move forward with the application. Discussion followed and information noted included: • Of the $310,000 of costs, there is no specific requirement as to how much can be in -kind. • The value of the land, fuel, labor, signage, hydro -seeding, etc. is considered to be in -kind contribution. Ross asked to have an estimate of what the Public Works Department feels would be a maximum of what would be the city's in -kind contribution and an indication from the Planning Department of future development of the city in that area. He noted, the requirement of "perpetuity" should be taken very seriously. Ross also suggested a plan of the development of the fields, etc. be submitted to the Parks & Recreation Commission for review and to allow further public comment. Porter noted, at this point, the plan is only a concept and if funding is awarded, then a definite development plan would be forwarded to the Commission for recommendation. She added, at this time, council would not be voting on a plan. Ross stated he felt the neighboring property owners, with appropriate advertising made, should have the opportunity to speak to the issue. It was noted, an update of the issue was included on the Commission's agenda for the March 3 meeting and the application will need to be submitted prior to the April Parks 8s Recreation KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 9 Commission. Ross noted, the Commission could discuss the layout of the fields, etc. between now and the grant award. Butler requested the projected cost of maintaining the park and Snow noted, rough estimates were included with the preliminary application and more exact information is required to be included with the resolution. It was also noted the grant application is limited to only this parcel; the public hearing on the rezone of Section 36 will give neighboring property owners another opportunity to speak to the rezone as well as the project; council already dedicated the property as "not needed for public purpose"; and, the city could have requested a conditional use permit instead of dedicating the property "not needed for public purpose," however it was felt rezoning the property would be more permanent. Consensus of council was stated as continue with the application. ITEM I: NEW BUSINESS Bills to be Paid, Bills to be Ratified MOTION: Council Member Moore MOVED to pay the bills and Council Member Massie SECONDED the motion. I-2. Purchase Orders Exceeding $2,500 MOTION: Council Member Moore MOVED to approve the purchase orders exceeding $2,500 and Council Member Butler SECONDED the motion. There were no objections. SO ORDERED. I-3. Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly '/z of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re -subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision Excluding Evergreen Subdivision Kim Addition From Rural Residential (RR) to Recreation (R). Introduced by consent agenda. KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 10 I-4. Ordinaace No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General end for a Grant for One (1) Traffic Safety Speed/Message Trailer. Introduced by consent agenda. ITEM J: COMMISSION / COMMITTEE REPORTS J-1. Council on Aging -- Council Member Gilman noted, the next meeting was scheduled for March 3, 2005 at 7:00 p.m. at the Senior Center. J-2. Airport Commission -- No report. J-3. Harbor CommOR ission -- Council Member Massie reported the next meeting was scheduled to be held March 7, 2005. Mayor Porter noted Commission Member Jim Spracher passed away recently and a letter will be prepared by the City Clerk to send to his family sending their regards and appreciation of his service to the city. J-4. Library Commission -- Gilman reported the Commission met March 1 and discussed the different efforts to fund a library expansion. He noted, the Commission would like authority to apply for grants for construction of an additional, which could be grants requiring matching funds from the city and could be paid from other grant funds received through the federal government or private grants. J-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held March 3, 2005 at 7:00 p.m. J-6. Planning & Zoning Commission -- Council Member Ross reported the minutes of the February 23 meeting were included in the packet. He noted, there were a lot of comments received from neighboring property owners of Section 36 related to the proposed rezoning and development of the property. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- No report. J-7b. Alaska Municipal League Report -- No report. J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported the next meeting would be held March 17 and he will be out of town as will the city's alternate, Council Member Massie. KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 11 J-?d, Stranded Gas Committee -- Ross reported he participated in a teleconference during the afternoon during which the main item discussed was the PILT payment issue. Ross also gave a brief report on the Governor's Agrium Task Force on which he is the city's representative. Ross noted, it was an organizational meeting; the department of Labor will be addressing concerns of the employees; and, a decision later in the summer or closer to the October 31 previously stated closure date whether to shut down the facility or mothball it. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following: • She met with PenAir officials and toured one of their aircraft. She explained, they are investigating the Kenai market and are very interested in coming into this market if ERA leaves. • She, along with Borough Assembly Member Pete Sprague, met with Tim Anderson and John Duffy of the Matanuska- Susitna Borough regarding their proposed ferry system. The Borough will be requested to become more active in their development efforts. • She will be attending the opening ceremonies of a statewide Order of Moose convention to be held in Kenai. • She will be leaving for Washington, DC on Sunday to meet with the congressional delegation and attend the National League of Cities Conference. • She has learned a restaurant may be opening in the old Italian Garden restaurant building. • Referred to the memorandum included in the packet from City Attorney Graves relating to tax incentives for improvements to deteriorated properties. She asked if council would like to hold a work session to discuss the issue further. Gilman stated he would prefer waiting until after the budget review. Porter agreed to bring the issue back to council after the budget cycle. ITEM L: ADMINISTRATION REPORTS City Manager -- City Manager Snow reported the following: • Reviewed information included in the packet relating to the request for property located along Redoubt Avenue by the Senior Connection / Palladin Group for an assisted living facility site. Snow explained, because the property had been received by the city through foreclosure, she requested City Attorney Graves to provide a memorandum discussing a process of how this property could be granted, sold, etc. to the Senior Connection for the site. She also stated, the Redoubt property is the property the Connection is most interested in acquiring. KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 12 Snow suggested council may want to schedule a work session with the Senior Connection Board to discuss the issues involved, however administration will need to know if council wants to move forward with the process. Snow reported she met with Dr. Peter Hansen, who has stated his desire to donate property he owns off Redoubt and adjacent to Woodland Subdivision for an assisted living facility site. She noted, Hansen stated the city would have to assume the cost to connect the property to water and sewer. Snow stated, in speaking with Jim McConnell, the Connection's consultant, he expressed concern the Hansen property may be too close to the airport to qualify for AHFC funding. Gilman stated his desire to move ahead with the ordinance (draft included in the packet) to amend the code which would allow the city the ability to go into along -term lease with the Redoubt property, suggesting the ordinance be introduced at the March 16 meeting. A brief discussion followed regarding three properties, i.e. Redoubt (city -owned property), Swires Road (borough -owned property), and Redoubt (Hansen -owned property). Gilman noted he had not discussed the availability of the Swires property with Assembly Member Glick or Mayor Bagley as the process to transfer the property, if the borough agreed to do so, would not fit within the timeline for the grant. Porter noted, the city would have to provide water/sewer to the Hansen property which would be very costly. Snow noted, water/ sewer is available to the city -owned Redoubt property and it is the Connection's first choice for a site. Attorney Graves stated he believed the ordinance should be introduced and council consider a work session with the Senior Connection to discuss issues regarding costs, i.e. if council would want to split the costs with the Connection (since they would be using only a portion of the tract of property), etc. Graves added, the cost of the Redoubt property would be $41,000 which represents assessment costs and borough property tax costs and added, he was not aware of any other costs involved. There would be no other city participation, other than the cost of the land. Porter confirmed, the council would consider only the land donation. Consensus of council was for the ordinance to amend the code be included on the next agenda for introduction. L-29 Attorney -- City Attorney Graves reported Representative Chenault introduced HB 184 control a municipality's ability to regulate firearms. He explained, currently Title 29 states, "...a municipality may not, except by ordinance ratified by the voters, restrict the right to own or possess firearms within a residence or transport unloaded firearms." The proposed amendment would read "...a municipality may not enact or enforce an ordinance regulating the possession, sale, transfer, use, or transportation of firearms that is inconsistent with state law." KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 13 Graves explained, his concern the word "use" is fairly broad and currently, the city has an ordinance restricting the discharge of firearms in certain areas of the city. He added, he is concerned the bill could be interpreted to prohibit the city from banning the discharge of firearms. Graves stated he wanted to write to Representative Chenault and express the city's concerns and ask if it his intent to eliminate the city's ability to prohibit the discharge of firearms in the city and if it is not his intention, request he amend the bill or include legislative history in the record stating the intent. Council stated no objections to Graves writing the letter. L-39 City Clerk -- Clerk Freas reported council, administration, and Planning & Zoning Commission members were invited to attend the two-day seminar, Floodplains: Linking Policy and Science Conference in Seward. She noted, the city code allows members of the Commission to travel if council has no objections. Council stated no objections to members of the Commission to attend the conference if desired. Snow noted Public Works Manager Kornehs, would be attending from administration. Council Member Butler stated interest in attending. ITEM M: DISCUSSION M-11 Citizens Bob Peters, Old Town, Kenai -- Wished Mayor Porter good travels to Washington, DC. M-2. Council Moore -- Stated he thought the floodplain conference is an important issue and agreed it would be better to discuss the tax incentive issue after budget review. Massie -- No comments. Ross -- No comments. Gilman -- No comments. Butler -- Stated he hoped to attend the floodplain conference. EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 9:20 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAI CITY COUNCIL MEETING MARCH 3, 2005 PAGE 8 ITEM G: MINUTES G-1, Regular Meeting of February 16, 2005 -- Approved by consent agenda. ITEM H: OLD BUSINESS H-1. Discussion -- Proposed Soccer Fields (Section 36) Grant Application Update. City Manager Snow referred to her memorandum included in the packet and noted, a preliminary Land and Water Conservation Fund (LWCF) grant application had been submitted by the city for development of Section 36, Parcel #4301038. The application was ranked and the city is now eligible to submit a final application. Snow noted, a resolution authorizing the grant application and pledging commitment to the project will need to be considered (a draft of the resolution was included in the packet review); the city would be required to pledge local matching funds; and, the LWCF requires the property acquired or developed with its funds to be placed in use as an outdoor recreation facility and be retained in such use in perpetuity, unless as otherwise provided and agreed to by the council, the State Liaison Officer, and the National Park Service. Snow requested council's direction whether to move forward with the application. Discussion followed and information noted included: • Of the $310,000 of costs, there is no specific requirement as to how much can be in -kind. • The value of the land is not considered as an in -kind contribution, however fuel, labor, signage, hydro -seeding, etc. would be considered in -kind. Ross asked to have an estimate of what the Public Works Department feels would be a maximum of what would be the city's in -kind contribution and an indication from the Planning Department of future development of the city in that area. He noted, the requirement of "perpetuity" should be taken very seriously. Ross also suggested a plan of the development of the fields, etc. be submitted to the Parks 8. Recreation Commission for review and to allow further public comment. Porter noted, at this point, the plan is only a concept and if funding is awarded, then a definite development plan would be forwarded to the Commission for recommendation. She added, at this time, council would not be voting on a plan. Ross stated he felt the neighboring property owners, with appropriate advertising made, should have the opportunity to speak to the issue. It was noted, an update of the issue was included on the Commission's agenda for the March 3 meeting and the application will need to be submitted prior to the April Parks & Recreation KENAI CITY COUNCIL STUDENT REPRESENTATIVE POLICY It is important to seek out and consider students' ideas, viewpoints and reactions to city decisions and policies affecting students. In order to provide student input and involvement, the Kenai City Council may appoint a Student Representative and an Alternate Student Representative as it deems necessary. Limitations, Qualifications And Requirements: 1. The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. 2. The student(s) shall be residents of the City of Kenai. 3. The student(s) shall be a junior or senior in good standing at the Kenai Central High School. 4. The student(s) shall be elected by the Student Council of Kenai Central High School and subject of approval of the KCHS administration. 5. The student(s) shall attend all city council meetings and work sessions, unless excused by the Mayor. The alternate shall attend meetings in the absence of the Student Representative. 6. The student(s) should have along -term interest in public service. 7. The student(s) should give feedback to council members about policies impacting young people. 8. The student(s) should use this opportunity as a way to develop leadership skills. 9. The student(s) will communicate with student council members at Kenai Central High School to provide information and seek feedback from other students on city issues affecting young people and copies of all written reports regarding their service be provided to the Kenai City Council through the City Clerk's Office. APPROVED AND DATED: This 16th day of March, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk z O P a C� z Oo V N w W z = = v - a o� 0 0 o•• � C4w O 4& (.9 lz z W I•., W ULI W Z aO a t� z 0 H IL v W 0 c CD� IM NO qr- Oa M O co N M T� M V- co v f0 Z O H Q U_ W W Z F- _ J J E F- F- O Q > CO) D D O O O O Ir Ir w O Q w w Q U Q CO CO) ce CO) w w ~ a U Z CO) Oo0 J Q I w w C9 a li U w � W W O w °' W O CO) CO)W O � = Q ¢ a z O Q z O H a C� CO) O C 2 W O w a a a _i C.) z m O V w w z s W) v o = o N w o o o V Of a w O LL to O Ca w Z 0 — 40 F- w w Coll j a - s U v z t1c m m O a C) z 0 a v W 0 ' r O CIO0) w W LL' > O a CO) w CO O = U H wLLJ o CO) W oc O W cc s 0 oc a 0 z I- W LL. O W a W v z s — e C c LL z _z a W Ix Ir w O U Y w J U N a O w t� O z C 0 z w 0 a LL -*I - Suggested by: CITY OF KENAI ORDINANCE NO, 2078-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND REPLACING KMC TITLE 17 ENTITLED "PUBLIC UTILITIES AND ENTERPRISES" AND KMC APPENDIX ENTITLED "PUBLIC UTILITY REGULATIONS AND RATES." WHEREAS, the current Kenai Municipal Code, Title 17, and the Utility Regulations have not been updated in several years; and, WHEREAS, changes to the Code and Regulations will: ■ Update and clarify the rules and regulations. ■ Organize the rules and regulations. ■ Make the rules and regulations easier to read and understand. ■ Make the rules and regulations fair to all users. ■ Make the items that are common to water and sewer consistent. ■ Delete the rules and regulations that are outdated and never used before. ■ Increase operational service costs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC Title 17 entitled "Public Utilities and Enterprises" and KMC Appendix entitled "Public Utility Regulations and Rates" be repealed and replaced as presented in Attachment A, "Public Water and Sewer Utilities" and Attachment B, "Public Utilities Regulations and Rates." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April 2005. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: March 16, 2005 Adopted: April 6, 2005 Effective: May 6, 2005 0 0 "V0�a e with a Past, Ct wt a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 /FAX: (907) 283-3014 1992 \ \ t�e���,°fii MEMORANDUM KENAI, ALASKA \Y�� TO: Linda L. Snow, City Manager FROM: Keith Kornelis, Public Works Manager DATE: March 7, 2005 SUBJECT: KMC Title 17 Public Water and Sewer Utilities Public Utility Regulations and Rates Ordinance No. 2078-2005 replaces KMC Title 17 and the Public Utility Regulation and Rates in its entirety. I have made changes suggested by Department Heads, City Attorney, and many other City employees. There have been many drafts reviewed by everyone. The purpose of these changes is. ■ Update and clarify the rules and regulations. • Organize the rules and regulations. • Make the rules and regulations easier to read and understand. ■ Make the rules and regulations fair to all users. • Make the items that are common to water and sewer consistent. • Delete the rules and regulations that are outdated and never used before. ■ Increase operational service costs. There are many changes to the existing KMC Title 17 and Utility Regulations. Below is a list of some of the major changes. 1. The property owner is responsible for the water and sewer service lines from the structure to the main line. Prior ordinance had the City responsible for the "connection" (main line to property line) even if the line was plugged by the owner. The prior ordinance had the owner responsible for service lines freezing • , from the structure to the main and the new ordinance is the same. (17.05.050) (17.15.050) 2. The water and sewer permit is valid for twelve (12) months and the cost was increased from $100 to $200. The City will attempt to notify the owner when the permit expires. The owner can later re -apply for a permit. If the owner can prove they already paid the City for a permit in this same location, the owner will not be charged for the new permit. (Regulations 2a.) Linda L. Snow, City Manager Page 2 March 7, 2005 3. When the water valve on the service line is turned on, the owner has to pay the appropriate water and sewer rates. During construction if only water is used and not the sewer line, the owner only has to pay for the water. (Regulations 4a.) 4. Property owners are required to contact the City to apply for water and sewer services, change in service, discontinuance of service or whenever they alter their building. (Regulations 1a.) 5. Owners of new or significantly modified commercial buildings are required to furnish and install water meters with a remote reading. The remote reader has to be readily accessible to the City. (Rates -Schedule E) 6. The fee for turning the water service off or on (except for the first time) was increased from $10 to $25 during normal duty hours and from $20 to $100 for overtime hours. This includes water turn off and on for non-payment of services. Customers cannot suspend service. (Regulations 2d. and 4b.) 7. Service customers will have to maintain their grease, oil, and sand interceptors to remove grease or oil -laden wastes. (17.20.010 c.) 8. The customer deposit was raised from $20 to $50 for each service (refunded after two years). (Regulations 3.) 9. Using a fire hydrant requires a deposit of $200 (increased from $150) and the cost of water was increased from $30/day to $40/day (or at metered rate). (Regulations 5b.) 10. No one shall inject anything into the Municipal Water System. (17.05.070 i.) 11.24-hour notification for inspection does not include weekends or holidays. (17.05.020 d.) (17.15.020 d.) (17.05.070 e.) (17.15.070 e.) 12. Water and sewer services may be discontinued for non-payment after 21 days of notice of unpaid bill. (17.05.060 b.) (17.15.060 b.) 13. Service lines are required to be installed off a main line that is adjacent to the owner's property. (17.10.020 c.) (17.20.020 c.) consider the Water, Sewer, and Sewer Treatment Departments as a co-op of users. Since I pay a water and sewer bill to the City, I am a member. Title 17 and the Utility Regulations should be written to be fair and equitable to the group of users who pay for these utilities. I think these changes do that. I received a lot of great suggestions and help in making these changes to KMC Title 17 and Utility Regulations. Thank you to the many people who helped. Attachment A Ordinance 2078-2005 Title 17 PUBLIC WATER AND SEWER UTILITIES Chapters: 17.05 Water System 17.10 Connection to Public Water System 17.15 Sewer System 17.20 Connection to Public Sewer System 17.25 Prohibited Discharge of Certain Substances into Sanitary System 315 Chapter 17.05 WATER SYSTEM Sections: 17.05.010 Definitions. 17.05.020 Connection/Extensions. 17.05.030 Private systems. 17.05.040 Service outside city. 17.05.05 0 Plugged or frozen connections and extensions. 17.05.060 Discontinuance of service. 17.05.070 Rules, regulations, and rates. 17.05.080 Penalty for late payment. 17.05.010 Definitions. (a) "Water main" shall mean that part of the water distribution system intended to serve more than one water connection. (b) The term "water connection" shall mean that part of the water distribution system connecting the water main with the lot line of abutting property. (c) The term "water extension" shall mean that part of the water distribution system extending from the water connection into the premises served - including the valve and valve box. 17.05.020 Connections/Extensions. (a) Water connections to City water main shall be installed only by the City or by City -approved contractors and then, except as provided elsewhere in this Code, only upon payment of the fee as provided by the rules and rates schedules adopted pursuant to this Code. (b) No person shall install a new or make a change in an existing water extension or water connection without first obtaining and paying for a written permit from the City. The water (and sewer) permit is valid for only twelve (12) months from the date of issue. If the water and/or sewer line is not installed within this twelve (12) months, a new permit, at no additional cost, will be required. The City will attempt to notify the owner when the permit expires. The owner can later reapply for a permit. If the owner can prove they already paid the City for a permit in this same location, the owner will not be charged for the new permit. (c) No water service line shall be installed without a valve and valve box between the water connection and extension. (d) No water connection or extension shall be made or backfilled until it is inspected and approved by the City. The Contractor shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. The 24-hours advance notice does not include weekends or holidays. A fee for a water permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. (f) Owners of new or significantly modified commercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the City. 17.05.030 Private systems (a) No person shall construct or change any private water main, connection, or extension which will be served directly or indirectly by the City water distribution system without first obtaining and paying for a written permit from the City and following any outlining conditions prescribed by the City. 17.05.040 Service outside city. (a) No property located outside the limits of the City shall be served directly or indirectly by the City water system unless such main, connection, or extension has been authorized by Council either in the individual case or 316 / as part of a water addition specifically authorized by Council. (b) Each water service, which is outside the City and connected to the City water system shall be charged as set forth by the regulations. The charge shall be the obligation of the owner of the premises served by the City water. 17.05.050 Plugged or frozen connections and extensions. (a) The City is not responsible for water extensions or for water connections. (b) The property owner will be responsible for all frozen water connections and extensions, and the City will not be responsible therefore. (c) The City will maintain and repair City - installed water connections that are damaged by a structural, mechanical failure or broken pipe. If a contractor or utility company caused the problem, the City will ask them to make the repairs or pay for the repairs. 17.05.060 Discontinuance of service. (a) Water may at any time be shut off without notice for repairs, extensions, or other necessary purposes. The City will not be liable to the consumer for any loss or damage which may be caused by the failure of the City to deliver water. Whenever feasible, the City shall give public notice of shutoffs, but shall not be bound to do so. (b) Failure to pay the water charge when due gives the City the right to discontinue water and sewer service to any residence after 21 days of notice of an unpaid bill. The cost to turn the water off and to turn the water back on will be paid for by the owner as per the Regulations and Rates. Discontinuance of service in no way affects the City's right to enforce collection of past due water charges. 17.05.070 Rules, regulations, and rates. (a) See Appendices on Public Utility Regulations and Rates for additional details. (b) No property shall be served directly or indirectly by the City water distribution system unless the person so served or his authorized representative has first entered into a contract with the City for such service. No water shall be sold outside the City unless the premises served comply with the rules, regulations, and standards specified for the City. (c) The City is hereby empowered to discontinue water and sewer service for non-payment of any utility service charges, connection fees, and the like. Utility billing and deposits for water service shall be as provided in rules and regulations for administration of this water system. (d) No person, other than an authorized employee or designated contractor of the City, shall turn on or off any water service at the key box. The water key box belongs to the property owner, and it is the owner's responsibility to know where it is located. (e) No water main, connection, or extension shall be made or backfilled until it is inspected and approved by the City. No one is allowed to tie into a water main prior to authorization by on -site City personnel. The contractor, who shall be a City -approved contractor for a main or connection, shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. The 24- hour notice does not include weekends or holidays. A fee for a water permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (f) No person shall refuse to admit, after notice and at reasonable hours, the premises owned or occupied by him, or hinder any authorized agent of the City entering such premises for the purpose of inspecting any piping in connection with the water distribution system. (g) No consumer shall resell water. (h) The City Administrator is hereby empowered, subject to approval by the 317 Council, to make such rules and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to water mains, connections, and extensions which will be served directly or indirectly by the water distribution system, as are necessary to protect public property or the safety and health of the public, and to establish rates for water billing and collections for the support of the system, and no person shall fail to comply with any such rule or regulation. Water and sewer service may be discontinued for non-payment of any utility service charges. (i) No one shall inject anything into the municipal water system. This includes injecting into water main lines or water service connections or extensions. It also includes injection into private water lines that do not have a back -flow preventor. This is to prevent contamination of the municipal water system. 17.05.080 Penalty for late payment. Failure to pay a water and sewer bill for services in full by the 20`h day of the month, following the month for which services are billed, shall result in a penalty charge on the amount due. In addition to such penalty, interest shall be charged. Such penalty charge and interest shall be computed as specified in KMC 1.75.010. 318 Chapter 17.10 CONNECTION TO PUBLIC WATER SYSTEM Sections: 17.10.010 Mandatory connection and abandonment of old well. 17.10.020 Connection standards & costs. 17.10.030 Connection payment. 17.10.040 Private self-contained water systems. 17.10.050 Persons authorized to accomplish connections. 17.10.060 Penalty 17.10.010 Mandatory connection and abandonment of old well. (a) It shall be mandatory for all structures susceptible to being or currently being a source from which water is being used, to be connected to the public water system provided that any part of the structure is or is to be within 200 feet of an existing public water main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (b) It shall be mandatory for the owner, operator, or users of a private well supplying water to a structure to arrange and to pay for connection of said structure to the available municipal water system and the abandonment of well(s) no longer being utilized. Connections to the City water distribution system and abandonment of old well(s) shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells 17.10.020 Connection standards &costs. (a) Private water lines tied into the municipal water lines shall be connected to municipal water lines as provided by rules and regulations of the City of Kenai. The private water line will be required to meet all of the specifications of the City of Kenai even if it requires complete replacement of the private water line. All costs will be paid by the users of the private water line. (b) The cost of installing appropriately sized water distribution mains for subdivisions which will permit future extensions to be adequately serviced by the City water system shall be paid for by the property owner asking for connection to the City system. The property owner shall be required to install water mains for either trunk or lateral line use in the size required by the City at no cost to the City. (c) Water and/or sewer service lines are required to be installed off a main line that is adjacent to the owner's property. 17.10.030 Connection payment. Mandatory connections of private water systems to the City water system shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and welfare to connect a private water line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of the said private water supply system. 17.10.040 Private self-contained water systems. Any private water systems to a structure which are self-contained on the premises shall be replaced by the owner, and the structure will be connected to the municipal water system within twelve (12) months from the date when such service becomes available to the premises in question. 17.10.050 Persons authorized to accomplish connections. All connections accomplished as required herein must be accomplished by the City or a City -approved contractor. Any contractor working in the right-of-way or easement is required to obtain an excavation permit from the City. 319 17.10.060 Penalty. Violations of this title shall, on conviction, subject a violator of the enumerated actions with the penalties prescribed in KMC 13.05, Offenses and Penalties. In addition to the foregoing penalty, the City Administrator or his designee is authorized to close the premises not complying with the sections of the Code enumerated herein as a menace to the public health of the City. The closure of said facility shall be accomplished by a written notice warning the violators that within ten (10) days of receipt of said notice, their facility or establishment may be closed unless reasonable remedial action is commenced within the ten-day period. If said violator refuses to comply with the notice specifying requirement for compliance with the sections enumerated herein, then said premises may be posted as being closed as a health menace by the City of Kenai. 320 Chapter 17.15 SEWER SYSTEM Sections: 17.15.010 Definitions. 17.15.020 Connections/Extensions. 17.15.030 Private systems. 17.15.040 Service outside city. 17.15.050 Plugged or frozen connections and extensions. 17.15.060 Discontinuance of service. 17.15.070 Rules, regulations, and rates. 17.15.080 Penalty for late payment. 17.15.010 Definitions. (a) The term "sewer main" shall mean that part of the sewerage system intended to serve more than one sewer connection. (b) The term "sewer connection" shall mean that part of the sewerage system connecting the sewer main and the lot line of abutting property. (c) The term "sewer extension" shall mean that part of the sewerage system extending from the sewer connection into the premises served including the connecting device at the property line. 17.15.020 Connections/Extensions. (a) Sewer connections to City sewer mains shall be installed only by the City or by a City -approved contractor and then, except as provided elsewhere in this Code, only upon payment of the fee as provided by the rules and rates schedules adopted pursuant to this Code. (b) No person shall install a new or make a change in an existing sewer extension or sewer connection without first obtaining and paying for a written permit from the City. The sewer (and water) permit is valid for only twelve (12) months from the date of issue. If the water and/or sewer line is not installed within this twelve (12) months, a new permit, at no additional cost, will be required. The City will attempt to notify the owner when the permit expires. The owner can later reapply for a permit. If the owner can prove they already paid the City for a permit in this same location, the owner will not be charged for the new permit. (c) No person shall install a sewer connection without a check valve if the lowest outlet in the building or residence is below the elevation of the top of the manhole closest to such service connection. (d) No sewer main connection or extension shall be made or backfilled until it is inspected and approved by the City. The Contractor shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. The 24-hour advance notice does not include weekends or holidays. A fee for a sewer permit, established under Public Utility Regulations and Rates, shall be charged to cover the costs incurred by the City in such inspection. (e) Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. 17.15.030 Private systems. No person shall construct or change any private sewer main, connection, or extension which will be served directly or indirectly by the City sewerage system without first obtaining and paying for a written permit from the City and following any outlining conditions prescribed by the City. 17.15.040 Service outside city. (a) No property located outside the limits of the City shall be served directly or indirectly by the City sewerage system unless such main, connection, or extension has been authorized by Council either in the individual case or as part of a sewer addition specifically authorized by Council. (b) Each sewer service which is outside the City and connected to the City sewer system shall be charged as set forth by the regulations. The charge shall be the 321 obligation of the owner of the premises (b) No property shall be served directly or served by the City sewer. indirectly by the City sewer collection system unless the person so served or 17.15.050 Plugged or frozen connections his authorized representative has first and extensions. entered into a contract with the City for (a) The City is not responsible for sewer such service. No sewer shall be extensions or for sewer connections. deposited from outside the City unless (b) The property owner will be responsible the premises served comply with the for all frozen sewer connections and rules, regulations, and standards extensions, and the City will not be specified for the City. responsible therefore. (c) The City is hereby empowered to (c) The City will maintain and repair City- discontinue water and sewer service for installed sewer connections that are non-payment of any utility service from a structural, mechanical failure or charges, connection fees, and the like. broken pipe. If a contractor or utility Utility billing and deposits for sewer company caused the problem, the City service shall be as provided in rules and will ask them to make the repairs or pay regulations for administration of this for the repairs. sewer system. (d) Consumers will be responsible to clean (d) No sewer main, connection, or extension and repair all sewer connections and shall be made or backfilled until it is extensions that are plugged from items inspected and approved by the City. No placed in the lines by the consumer. If one is allowed to tie into a sewer main the main sewer line is clear and has not prior to authorization by on -site City been plugged within one week of the personnel. The contractor who shall be connection or extension plug, then it is aCity-approved contractor for a main or the consumer's responsibility to clean connection shall notify the City at least and repair the sewer connection and twenty-four (24) hours in advance of the extension. time requested for inspection. The 24- hour notice does not include weekends 17.15.060 Discontinuance of service. or holidays. A fee for a sewer permit, (a) The City may at any time without notice established under Public Utility discontinue sewer service for repairs and Regulations and Rates, shall be charged the like without liability for resulting to cover the costs incurred by the City in loss or damage. Public notice of service such inspection. interruptions will be given whenever (e) No person shall refuse to admit, after possible but the City shall not be bound notice and at reasonable hours, the to do so. premises owned or occupied by him, or (b) Failure to pay the sewer charge when hinder any authorized agent of the City due gives the City the right to entering such premises for the purpose discontinue water and sewer service to of inspecting any piping in connection any residence after 21 days of notice of with the sewer collection system. an unpaid bill. Discontinuance of (f) No consumer shall deposit sewer into service in no way affects the City's right the City system without receiving to enforce collection of past due sewer permission from the City. charges. (g) The City Administrator is hereby empowered, subject to approval by the 17.15.070 Rules, regulations and rates. Council, to make such rules and (a) See Appendices on Public Utility regulations required for operation of this Regulations and Rates for additional system, not in conflict with the details. provisions of this Code, relative to sewer mains, connections, and 322 a , extensions which will be served directly or indirectly by the sewer collection system, as are necessary to protect public property or the safety and health of the public, and to establish rates for sewer billing and collections for the support of the system, and no person shall fail to comply with any such rule or regulation. Water and sewer service may be discontinued for non-payment of any utility service charges. (h) No one shall place into the City sewer system any foreign object that is not designated by the manufacturer as safe for sewer systems. This includes any plastic or fiberglass objects, bags, strapping, clothing, bedding, or other foreign objects. 17.15.080 Penalty for late payment. Failure to pay a water and sewer bill for services in full by the 20th day of the month, following the month for which services are billed, shall result in a penalty } charge on the amount due. In addition to such penalty, interest shall be charged. Such penalty charge and interest shall be computed as specified in KMC 1.75.010. 323 Chapter 17.20 CONNECTION TO PUBLIC SEWER SYSTEM Sections: 17.20.010 Mandatory connections and abandonment of old on -site sewer systems. 17.20.020 Connection standards & costs. 17.20.03 0 Connection payment. 17.20.040 Private self-contained sewage disposal systems. 17.20.050 Persons authorized to accomplish connections. 17.20.060 Penalty 17.20.010 Mandatory connections and abandonment of old on -site sewer systems. (a) It shall be mandatory for all structures susceptible to being or currently being a source from which sewage may or is being generated, to be connected to the public sewage system provided that any part of the structure is or is to be within 200 feet of an existing public sewer main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (b) It shall be mandatory for the owner, operator, or users of a private sewer system to a structure to arrange and to pay for connection of said structure to the available municipal sewer system and the abandonment of the on -site sewer system no longer being utilized. Connections and extensions to the City sewer system and abandonment of the old on -site sewer system shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public sewer systems and abandonment of old on -site sewer systems. (c) If a sewer service customer has the reasonable possibility they will produce grease or oil- laden wastes, the customer's facility shall be provided with interceptors as required in the Plumbing Code. This includes any establishment that uses a deep fat fryer or cooking grease or oil. Grease, oil, and sand interceptors shall be provided when, in the opinion of City, they are necessary for the proper handling of wastewater containing grease and oil, or sand. All interception units shall be of type and capacity approved by the Building Official and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at the customer's expense. The sewer service customer is required to keep an interceptor inspection, cleaning, and repair log which contains information as to the date, time, what is removed, quantity removed, who removed the material and how, when, and where the material from the interceptor is disposed of. 17.20.020 Connection standards &costs. (a) Private sewer lines tied into the municipal sewer lines shall be connected to the municipal sewer lines as provided by rules and regulations of the City of Kenai. The private sewer line will be required to meet all of the specifications of the City of Kenai even if it requires complete replacement of the private sewer line. All costs will be paid by the users of the private sewer line. (b) The cost of installing appropriately sized sewer collection mains for subdivisions which will permit future extensions to be adequately serviced by the City sewer system shall be paid for by the property owner asking for connection to the City system and shall be required to install sewer mains for either trunk or lateral line use in the size required by the City at no cost to the City. 324 (c) Water and/or sewer service lines are required to be installed off a main line that is adjacent to the owner's property. 17.20.030 Connection payment. Connections of private sewer lines of laterals to municipal sewer lines or systems shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and welfare to connect a private sewer line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of said private sewer line. 17.20.040 Private self-contained sewage disposal systems. Any private sewage systems to a structure which are self-contained on the premises shall be replaced by the owner, and the structure will be connected to the municipal sewer system within twelve (12) months from the date when such service becomes available to the premises in question. 17.20.050 Persons authorized to accomplish connections. All connections accomplished as required herein must be accomplished by the City or a City -approved contractor. Any contractor working in the right-of-way or easement is required to obtain an excavation permit from the City. 17.20.060 Penalty. Violations of this title shall, on conviction, subject a violator of the enumerated actions with the penalties prescribed in KMC 13.05, Offenses and Penalties. In addition to the foregoing penalty, the City Administrator or his designee is authorized to close the premises not complying with the sections of the Code enumerated herein as a menace to the public health of the City. The closure of said facility shall be accomplished by a written notice warning the violators that within ten (10) days of receipt of said notice, their facility or establishment may be closed unless reasonable remedial action is commenced within the ten-day period. If said violator refuses to comply with the notice specifying requirement for compliance with the sections enumerated herein, then said premises may be posted as being closed as a health menace by the City of Kenai. 325 Chapter 17.25 subject to categorical PROHIBITED DISCHARGE OF pretreatment standards or any CERTAIN other national, state, or local SUBSTANCES INTO SANITARY pretreatment standards or SYSTEM requirements. (2) Discharge or cause to be Sections: discharged any of the following 17.25.010 Definitions. described pollutants, substances, 17.25.020 Prohibited acts. or wastewater into the 17.25.030 Receiving facility. municipal sewerage system: 17.25.040 Permitted discharge of septic (1) Any stormwater, cesspool materials. surface water, surface 17.25.050 Penalty Fine imposition. runoff, groundwater, 17.25.060 Civil Penalty. roof runoff, subsurface 17.25.070 Discontinuance of service. drainage, cooling water 17.25.080 Intergovernmental agreements if it is polluted or exemption. unpolluted. (ii) Any water or 17.25.010 Definitions. wastewater which (a) Sanitary sewer system means the sewer contains petroleum oil, treatment plant facility of the City of non -biodegradable Kenai and includes all pipes, manholes, cutting oil, or products lift stations, holding tanks, and entry of mineral oil origin in ways of any kind through which amounts which in the material may flow into and through the opinion of the utility are sewer treatment plant facility. in amounts greater than (b) Discharge means to dump, drop, release, that which would be insert, or otherwise allow to enter into normally construed as the sanitary sewer system any of the incidental in normal prohibited materials set forth below. discharges. (c) Septic material means the contents of (iii) Any solid or viscous any septic tank seepage disposal system substance, or liquid that containing the drainage from sinks and can become viscous toilets and the like. when cooled, in (d) Cesspool material means the contents of amounts capable of any pit or receptacle containing the causing obstruction to drainage from sinks and toilets and the the flow in sewers or like. other interference with (e) Septic tank pumping vehicle means any the proper operation of vehicle used to carry septic or cesspool the sewerage system material. such as, but not limited to, fat, grease, 17.25.020 Prohibited acts. uncomminuted garbage, It shall be unlawful for any user to: animal guts or tissues, (1) Introduce or cause to be hair, hide, fleshings or introduced into the municipal entrails. sewerage system any pollutant (iv) Any wastewater which or wastewater. This general creates a fire or prohibition and the specific explosive hazard, prohibitions below apply to all including, but not users whether or not they are limited to, wastewaters 326 with a closed -cup entry into the municipal flashpoint of less than sewerage system for its 140OF (60°C) using the maintenance and repair. test methods specified (ix) Any substance that will in 40 CFR 261.21. At cause the utility to no time shall two (2) violate its NPDES successive readings on permit. an explosion meter, at (x) Any substance that may the point of discharge cause the municipal into the system (or at sewerage system's any point in the treatment residues, system), be more than sludges, incinerator ash five (5%) percent not or scums to be any single reading over unsuitable for ten (10%) percent of the reclamation and reuse lower explosive limit or to interfere with the (LEL) of the meter. reclamation process. Any wastewater having (xi) Any wastewater that a pH lower than 5.0 or causes the temperature higher than 12.5 at any at the treatment works time, or having any influent to exceed 40 corrosive property degrees Celsius (104 capable of causing degrees Fahrenheit). damage or hazard to (xii) Any pollutants, structures, equipment including oxygen and personnel of the demanding pollutants, sewerage works. released at a flow rate Any wastewater which or concentration that, results in the presence either singly or by of toxic gases, vapors, interaction with other or fumes in a quantity pollutants, will interfere that, in the opinion of with operation of the the utility, may cause municipal sewerage acute worker health and system. safety problems. (xiii) Any wastewater Any wastewater containing medical containing radioactive wastes from industrial substances except in users including but not compliance with limited to hospitals, applicable state or clinics, offices or federal regulations. medical doctors, Any noxious or convalescent homes, malodorous liquids, medical laboratories or gases or solids which other medical facilities. either singly or by (xiv) Any waters or wastes interaction with other containing toxic or wastes are sufficient to poisonous substance in create a public concentrations such as nuisance, or hazard to to constitute a hazard to life or health, or that are humans or animals or to sufficient to prevent interfere with any 327 sewage treatment process or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to the following substances: Fixed Upper Limits for Constituents (Parts Per Million By Weight) (3) Cadmium 5.0 Chromium 3.0 Copper 3.0 Cyanide 0.0 Nickel 0.1 Silver 5.0 Tin 5.0 Zinc 3.0 Phenol 0.5 (xv) Any plastic bags; (xvi) Any fish, animal, or carcass, or part thereof greater than three inches in diameter or four inches in length; (xvii) Any glass, wood, metal, or stones; (xviii) Any item made of cloth or woven material; (xix) Any material including septic and cesspool wastes deposited from a septic tank pumping vehicle except as specifically permitted pursuant in KMC 17.30.040 below. Prohibited connection of sanitary sewer with storm sewer system. Interconnect or cause to be interconnected directly or indirectly any part of a sanitary sewer system with any part of a storm sewer system. (4) Prohibited discharge at unapproved location. Discharge or cause to be discharged into a sanitary sewer any waters or wastes whatsoever other than through an approved, permanent sewer extension, or at a sewage dump station or other location that has been specifically so designated by the utility. (b) It shall be unlawful for any person to: (1) Cause to be admitted into the Kenai Sewer Utility System any waters or wastes having a suspended solids content in excess of 2,000 parts per million by weight. (2) Interconnect or cause to be interconnected directly or indirectly any part of a sanitary sewer system with any part of a storm sewer system. (3) Cause to be admitted into a sanitary sewer and waters or wastes whatsoever other than through an approved, permanent sewer extension, or at a sewage dump station or other location which has been specifically so designated by the City. (c) Vandalism. No person or entity shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the municipal sewerage system. 17.25.030 Receiving facility. The City shall establish a facility to accept septic cesspool materials which is free from debris and other prohibited substances outlined in KMC 17.30.020 above and otherwise meets the biological effluent control standard as determined by the City and the Federal Department of Environmental Protection. 328 17.25.040 Permitted discharge of septic p cesspool materials. (a) Septic/cesspool material meeting the effluent standards as established by the City (which shall not be less stringent than the standards established in the prohibitions set forth in KMC 17.30.020 above) may be discharged into the sanitary sewer system from a septic tank pumping vehicle at a location specified by the City upon the payment of a gallonage fee. The fee and quality standards are set forth below: (1) The City of Kenai Water and Sewer Utility shall establish a holding tank for receiving bulk septic material screened and free of all non -degradable materials. (2) Such holding tank, being limited to a total of 1,400 gallons at any given time, shall accept such septic materials Tuesday through Friday. Materials accepted shall be trickled on a continuous basis into the Plant for treatment. (3) Bulk septic materials may be directed to the Sewer Treatment Plant (STP), Tuesdays through Fridays, between the hours of 8:30 a.m. through 11:30 a.m. and 1:00 p.m. through 4:00 p.m. Only the gallon -age shall be received as the holding tank is capable of receiving. (4) The source of the bulk septic materials must be identified by name and parcel number at the time of delivery and payment of the fee. The form must be signed by property owner. (5) The fee per acceptance of bulk septic material shall be in accordance with rates set in the Public Utility Regulations and Rates of the City of Kenai, plus tax. (6) Each bulk material handler must equip his equipment with discharge hose screens or other suitable devices to insure that no material larger than 1/4" can be discharged into the holding tank. (7) It shall be the delivery personnel's responsibility to stick the tank and determine the ability to discharge safely without overflowing. (8) The delivery personnel will pay the dumping fee and receive the go ahead from the STP operator BEFORE he starts to set up for dumping. After he has completed dumping and put away his hoses, he will check with the STP operator who will sign the permit slip, give the delivery personnel a copy, and check to make sure no spillage has occurred. (9) If spillage has occurred, if any non -degradable material has been put into the system, or if the system has been left plugged, the delivery person shall be subject to the penalties as established by KMC 17.30.060 and/or 17.30.070 and the septic material handler may forfeit his right to discharge material in the future. (10) The delivery personnel are to discharge septic material under the direction of the STP operators. All delivery personnel are asked to cooperate completely with the operators and failure to do so can terminate their dumping privileges. 11) If the bulk material handler and/or the property owner forges or in any way falsifies the property owner's septic dumping form [as required by KMC 17.30.040(4)], then in that event the bulk material handler and/or property owner will lose his right to utilize the dumping facilities. 12) The City of Kenai reserves the right to audit records of bulk septic material operators on a periodic basis. 17.25.050 Penalty --Fine imposition. Any person, firm, or corporation violating any provision of this chapter shall be subject to a fine in an amount as provided for violations in KMC 13.05.010. Each discharge or dumping shall constitute a separate violation. 329 17.25.060 Civil penalty. (a) In addition to, or as an alternative to the penalty aforementioned, any person violating any provisions of this chapter shall be subject to a civil penalty as provided in KMC 13.05.010. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. (b) The City shall seek an award of reasonable attorneys fees and costs from the court in prosecuting such an action. 17.25.070 Discontinuance of service. In addition to the penalties provided by law, violation of this chapter shall be sufficient cause for the Kenai Sewer Utility to discontinue sewer service to any property on which such a violation has originated. Criminal conviction or other judicial action is not a prerequisite to discontinuance of service. 17.25.080 Intergovernmental agreements exemption. Notwithstanding any provision in this chapter to the contrary, the City may, upon approval of Council, enter into cooperative agreements with other units of government for disposal of waste products through the City of Kenai sanitary sewer system, which agreements may provide for disposal of substances which may otherwise be precluded by this chapter. 330 Attachment B Ordinance 2078-2005 PUBLIC UTILITY REGULATIONS AND RATES TABLE OF CONTENTS PAGE A. REGULATIONS..........................................................................................................APX-7 1. Application for or Change in Service............ so see***** 99ose o so** so 000***0000 **so** see soo so *9000 000*0 APX4 2. Water and Sewer Connections and Extensions....................................................APX-7 3. Deposits for Service.** 0 0 0*00 0900 00 *0*90*0*0090 000 090*0000*0*0000 *so o so** o o o so *see o **so so so 000000e*eo APX-7 4.Charge for Water and/or Sewer Services................................................................ APX-8 5. Hydrants................................................................................................................... APX-8 6. Common Connections............................................................................................. APX-8 7. Location of Water Key Box.................................................................................... APX-8 8. Sewer Service Clean-Out........................................................................................ APX-8 9. Rental Properties..................................................................................................... APX-9 B. RATES.......................................................................................................................... APX-10 1. SCHEDULE A --General Domestic Service Rates (Non -metered) .................... APX-10 2. SCHEDULE B--Commercial Service (Non -metered) ........................................ APX-10 3. SCHEDULE C--Industrial Service (Non -metered) ............................................ APX-10.2 4. SCHEDULE D--Fire Protection Service.............................................................. APX-10.2 5. SCHEDULE E--Metered Service......................................................................... APX-10,3 6. SCHEDULE F--Permit Fees................................................................................. APX-10.3 APX-5 CITY OF KENAI PUBLIC UTILITY REGULATIONS AND RATES A. REGULATIONS The following regulations of the City of Kenai, pertaining to the water and sewer system, have been issued under the authority of Title 17 of the Kenai City Code of Ordinances. Regulations issued prior to this date are superseded by the regulations that follow: 1. Application for or Change in Service: a. It shall be the responsibility of the property owner to apply for utility service, a change in service, or discontinuance of service by signing a service order at the City Administration Building, Kenai, Alaska. b. Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. 2. Water and Sewer Connections and Extensions: a. The property owner or his contractor may apply for a water and sewer permit for a connection and/or extension of service lines. The water and sewer permit is valid for only twelve (12) months from the date of issue. If the water and/or sewer line is not installed within twelve (12) months, a new permit, at no additional cost, will be required. b. The City will attempt to notify the owner when the permit expires. The owner can later reapply for a permit. If the owner can prove they already paid the City for a permit in this same location, the owner will not be charged for the new permit. The entire cost of water or sewer service connection and extension will be borne by the property owner. c. At the time the new service is provided, all connections to existing private systems, wells, septic tanks, cesspools, etc., shall be physically disconnected from the City system and their use discontinued. All on -site systems shall be abandoned as specified by ordinances and regulations of the City and applicable laws and regulations of the State of Alaska. d. All water turn-ons and turn-offs and the operations of the water valve located on the service line in the key box shall be made by City personnel only. A fee of twenty-five dollars ($25.00) will be levied on requests for turn -on and turn-off (after initial turn -on) during normal duty hours and whenever such action is required due to delinquent account. A fee of one hundred dollars ($100.00) will be levied on requests for turn -on or turn-off during periods other than normal duty hours. Turn -on and turn-off during normal working hours for line testing purposes during building construction will not be a cost to the property owner. There will be no charge for the initial turn -on during normal working hours for a first or new property owner. e. All customers shall be required to provide a separate valve inside a building being served. The valve shall be located on the water service entering the building ahead of any branch lines where it is readily accessible in event of emergency. f. Each and every building served by the water utility shall have a separate outside shut-off valve located in a valve box. The property owner is required to know the location of this valve. In the event it is impossible to get a separate outside shut-off valve within the public right-of-way, the property owner shall provide the shut-off valve within private property and execute, in favor of the City, an easement providing access for the City personnel to the key box. In the event that a functional shut-off valve cannot be located by City personnel, the City may install ashut-off valve and charge the property owner for related labor, equipment, and material costs. g. Owners of new or significantly modified commercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the City. 3. Deposits for Service: For domestic and commercial customers, a deposit is required of fifty dollars ($50.00) for water service and fifty FOR � i dollars ($50.00) for sewer service. These deposits may be refunded upon request after two years of timely payment history. 4. Charge for Water and/or Sewer Services: a. The property owner will be charged the appropriate water and sewer rate whenever the curb stop or valve in the valve box is turned on and available to deliver water. However, if the property owner can assure the City that the water is being used for construction purposes only and not being disposed of in the Municipal Sewer System, the property owner will be required to pay only the water portion of the bill. The property owner is required to notify the City before they start using the Municipal Sewer System. b. Property owners will not be allowed to suspend water and/or sewer services. Once water and/or sewer service line(s) are constructed and operating, the owner will be required to continue to pay the appropriate monthly rate. c. Property owners who's water is turned off by the City for non-payment of services will be required to follow Section 2d. including the payments for water turn-offs and turn-ons. The property owners are responsible to pay for their existing bill plus water and sewer costs as if available during the period the water is turned off for non-payment. 5. Hydrants: a. The use of fire hydrants is permitted only in special situations when approval, in writing, has been obtained from the City, and upon payment of the use charge. Failure to obtain written authorization from the City, failure to follow written instructions of the City, or any improper use of a fire hydrant is subject to the Rules and Regulations and penalty provisions of KMC 13.05 and KMC 17.05. b. A deposit of two hundred dollars ($200.00) is required to assure careful use of the hydrant and will be refunded if no maintenance is required when hydrant use is completed. The use charge, which is non-refundable, is forty dollars ($40.00) per day. As an alternative charge, the City reserves the right to require metering in circumstances involving high volume usages, in accordance with rates provided in the rate schedules. c. The permit holder is required to use a hydrant wrench to slowly open and close the hydrant. During use, the hydrant must be fully opened. If using a hydrant to fill a tank, users must comply with State of AK DEC requirements for a minimum 8-inch air gap on the fill line. Tanks are required to be inspected by the City before hydrants are used. d. The fire hydrant permit may be suspended by the City of Kenai at any time (normally during City water shortages). The fire hydrant permit holder is required to maintain current up-to-date contact numbers with the City. 6. Common Connections: There shall be no water and/or sewer common extensions for use by several properties or families. No connection or extension will be permitted across property lines unless they are located in a public utility easement. Every lot or individual parcel will have its own water line, valve, and meter (if not paying a flat rate). Every lot or individual parcel will have its own sewer line. 7. Location of Water Key Box: It shall be the property owner's responsibility to know the location of, and have marked, the key box and thaw wire for the water service. The standard key box marker shall be a 4" x 4" x 8' wood post, four feet in height above ground, painted white with black top and the word "water" stenciled in black letters no smaller than two inches high. Property owners who do not use the standard marker should have some other method of locating their key boxes or be prepared to stand the cost of location in time of necessity. 8. Sewer Service Clean -Out: No person shall install a sewer extension to a building without placing in the line near the building and at every change of direction of the sewer line, a sewer line clean -out of four -inch minimum diameter. It shall be the property owner's responsibility to know the location of and have marked the sewer service clean -out. APX-8 9. Rental Properties: All bills are in the name of the property owner. Bills may be mailed to the renter, but the owner is responsible for all payments. B. RATES Special Conditions: The above schedule is The charges to users of water and sewer restricted to service used exclusively for general systems within the City of Kenai are as follows: domestic purposes, as distinguished from commercial or other uses of water or sewer 1. SCHEDULE A GENERAL DOMESTIC service. SERVICE RATES (NON -METERED) 2. SCHEDULE B--COMMERCIAL Per Month SERVICE (NON -METERED) Water Sewer Per Month Water Sewer One or two-family residence, per family $12.54 $36.03 Demand Charge: (Applicable unit to individual customers where water connection is one inch or Single or double unit larger, and is rated on the apartment, per family 12.54 36.03 equivalent line size. This is in unit addition to the Use Charge.) Apartment, three or 1.00 inch service $12.71 $3 6.3 8 more 1.25 inch service 19.36 53.94 units under one roof, per 1.50 inch service 32.07 91.57 family unit --single bill 2.00 inch service 48.40 136.73 assumed by owner. 9.44 27.09 3.00 inch service 72.60 206.98 Separate billing 12.54 36.03 Larger than 3.00 inch service 108.90 311.10 Trailers, one or two on Use Charge: single lot or court 12.54 36.03 Bakery 36.91 105.37 (each). Bath House, tub or shower, Trailers, three or more each 8.47 23.83 on lot or court, per trailer Bottling Works, per bottling unit: machine 291.61 835.43 Single billing 9.44 27.09 Separate billing 12.54 36.03 Bowling Alleys, s, Amusement Parks 35.09 100.98 Boarding houses, per available room 3.33 9.72 Car Lot, with car wash facilities 17.55 50.18 Minimum Charge: Each month's minimum • charge is one full month's service, without Car wash, automatic, proration. Any water used during a month will per facility 157.30 499.08 be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. Car wash, self-service, per stall 23.60 67.11 /A�' i 1 Per Month Per Month Water Sewer Water Sewer Churches, lodges, clubs, Cleaners and commercial banquet rooms (no bar or laundries, per facility. 101.04 288.51 restaurant facilities), per seat .13 .38 Dairies --Installation of water Office, in multiple office meter required. building where individual tenants are billed, per business 19.3 6 55.19 Day Care Center or Preschool (in addition to other applicable Restaurants, cafes, lunch domestic or commercial counters, fountains, taverns and charge). Per child, maximum bars (with kitchens) for each capacity .51 1.44 seat (Note 2) 1.09 3.20 Doctors' and dentists' offices, Public office building, per per room or chair (Psychiatrists 7.57 21.64 restroom 4.36 12.54 and Optometrists, apply office rate). Recreation facility, per restroom, sauna or shower, etc. 8.47 24.15 Garage, service stations 15.13 43.90 Additional charge for Recreational vehicle/camper recreational vehicle dump park, per parking space stations (May through (demand charge only from September only) 17.55 50.18 October through April) 8.47 24.15 Hangar, airplane repair: 15.13 43.59 Schools, per seating capacity .51 1.44 with washing facilities 17.53 50.18 Shopping centers (depends on Hospitals, per bed 9.99 28.85 stores included in shopping center, Note 1) 8.78 25.09 Hotels, motels, resorts, per room 7.87 22.27 Shops, beauty, per station or chair 8.78 25.09 Laundry, self-service, per machine 14.22 40.45 Shops, miscellaneous (including barber shops), per s Markets, meat 19.3 6 55.19 shop 8.78 25.09 Office buildings where single Sleeping room, per room bill is assumed by owner, per (without facilities for business 16.94 47.67 housekeeping) 3.33 9.72 l Studios, photo or photo lab 41.45 119.17 Supermarkets (grocery stores) 99.53 284.75 APX-11 Theaters: Indoor, per seat .07 .17 3. SCHEDULE C--INDUSTRIAL SERVICE Outdoor, per stall .07 .17 (NON -METERED) Taverns, lounges, bars (without kitchens), per seat 1.03 3.01 Per Month Water Sewer X-ray or laboratory office 24.81 70.87 Note 1: Additional for other facilities such as Concrete mixing plant 159.72 457.86 restaurant, beverage dispensary, etc., are at the applicable use charge for each facility. Concrete products 79.86 228.30 Note 2: When a restaurant serves liquor and has Confectioner 53.24 151.78 no separate bar, no additional charge for a bar will be applied. However, when a restaurant has a Greenhouse, commercial 53.24 151.78 separate bar, the bar stools will be charged at the given rate. Ice cream plant 79.86 228.30 Minimum Charge: Each month's minimum Cold storage plant or charge is one full month's service, without lockers 37.51 106.62 proration. Any water used during a month will be charged as a full month's use of water and Demand Charge: sewer. See A4 Charge for Water and/or Sewer Note: Schedule B Demand Charge also applies to Service. Schedule C Services. Special Condition: Where more than one Minimum Charge: Each month's minimum customer is served from the same service line charge is one full month's service, without between the City's water main and the proration. Any water used during a month will customer's premises, the City reserves the be charged as a full month's use of water and exclusive right to determine how the demand sewer. See A4 Charge for Water and/or Sewer charge under this rate schedule shall be applied Service. and apportioned between said customers. Cesspool Pumper Charge: The fee charged for PROTECTION SERVICE acceptance at the sewer treatment plant of septic material collected within the City of Kenai shall For automatic sprinkler system: NO CHARGE be thirty dollars ($30.00) per one hundred gallons. The gallons delivered shall be as Special Conditions: estimated by the sewer treatment plant operator. (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire protection only. (b) All fire protection lines, sprinklers, pipes, and valves on private property shall be owned, installed, and maintained by the owner and/or customer. APX- (c) All connections between the City's main and privately owned facilities will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No tap or outlet for use other than fire protection shall be permitted on fire lines or mains, unless approved by the City. (f) In times of emergency, the right is reserved by the City to turn off any fire hydrant and/or sprinkler system at the discretion of the City. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sewers, and no cross -connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. 5. SCHEDULE E--METERED SERVICE Per Month Water Sewer General usage, per thousand gallons of water $1.21 $3.57 Hydrant use and other use, per 1000 gallons of water 1.82 Minimum Charge Per Month: All usage, 15,000 gallons of water. General Usage 18.15 5 3.5 5 Hydrant Use 27.30 Minimum Charge: Each month's minimum charge is one full month's service, without proration. Any water used during a month will be charged as a full month's use of water and sewer. See A4 Charge for Water and/or Sewer Service. The City reserves the right to determine the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. The remote reading unit shall be installed in an area that is readily accessible to the City. Meter repair as necessary, shall be made by the owner within 30 days or by the City with costs billed to the owner. The City may allow the amount of water to be used from a hydrant to be determined by tank volume and paid by the metered service rate. 6. SCHEDULE F--PERMIT FEES Inspection fees for new water and sewer service lines (one-time charge): a. Water b. Sewer APX- $200.00 $200.00 ,�ddendurn CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMO (Addendum to 3/7/05 Memo) To: Linda Snow, Kenai City Manager From: Keith Kornelis, Kenai Public Works Manager Subject: Title 17 do Water & Sewer Regulations ante: March 16, 2005 As City Council requested, I contacted the City of Soldotna about their expansion charges. This is what I was told. I talked to Steve Bonebrake, Soldotna Public Works Director, about their Water and Sewer Expansion Charges. He said that this cost is for the property owners share of cost for such things as well houses, reservoirs, tanks, lift stations, WWTP, etc. He said that the expansion fee is paid by anyone who hooks up including people paying for a LID. There have been times when the city needed an easement and did trade expansion fees in a negotiated deal for the easement. Soldotna code 13.16.040 Expansion charges says: "A. Minimum expansion charges are hereby established to be�yeffective after March 6, 1986, for allA water and sewer hookups on real property," "B. The purpose of an expansion charge is to allocate to new customers a share of the non--grant--supported costs incurred by the city for prior investments in plant and equipment used for the benefit of new service areas." In my lastreview of Title 17 I noticed that we did not allow anyone to put foreign objects into our sewer system but said nothing about putting something in our water system. Besides the possibility of terrorists or vandals putting something in our water, there are also people who would like to inject other things like fluoride. We do not want anyone to inject anything so I added a section. However, the city does inject Sodium Hypochlorite into our water at the well houses and pump house. It would be good if City Council would amend Title 17, which is up for introduction tonight. Under 17.05.070 (i) Change [No one] to No unauthorized person shall inject anything into the municipal water system. W) O 00 N N w w 0 LLJ Wa co LLJ Q � N V Z Q L Z ti �0 F- wQ J J F- M �- W w cn C)E0 c 11 0 N .�` ..:C a) ,� O O 11 �- C t C c7 C BLS '-' O CD 06 x �>� L 6- O E O E v) O O O L y- (� N�yco�uNi U a� 690 O .. �.- Sao-�� >m ... off N'- ���c La.�L��° 8- cvE3>.r. +-- ..� o.c cC ocao ` cOn v, O '> a) cn a N� N o U (� C1 a) C ` r `' C� c N'— O 3 O N� LO O O N 0c tQ >+ L >. a) a) N O N cN ... �p CL+)C�.� 0 �Q.� Q' a +-� ,... cn a >, ca caF- 3z� O O O Q) c ,.._ C C .... oQO0 cap-- O �C O �.n�E O »-� N N OC Oo Er���U,...n �, N 'cm ''' O D U C O 0 a) CD 0 11 c - c N L m vw�.. CO0000 o r � L an. E 1 u O O C ' "o O L.. O � N C U ��� �� 0 c �. O N = _. N ca a Q� E�-0 'a E E crn C) C m v) (n M N = u ,NCj O O00 00 N co ca) c.o cr � It 11 �0= OCf) � a) I cl Q V 0 O EH d9 c M tD C X W �° E. N O� O N C c � r- �n m M V 3 u 64 t!� _. Z m Z 0 W cm U EA 69 CO 69 64,* O O c N >- i°L cm N o c c c o CL > c IT IT N o M C v) 'O -D N NE c) O CD N C N = O c`n O 11 O a� CL Ca co � cOD coo .� x � o (n c ca o _ o a a 'N o � = _0 ca '= a� ca = c c ca p � `* � t0 V � 0 1i C) a? N � u- c 3 ai � M ? a�i E � � m � 3°'-v 00 ` vain _ i� vai0° N.c c .n v� co :° O > M N a>,o cn o2S vi c o c c tb Z c I U m � Fm O U cu c c o = cn Cl.° ` a� ca N O c N c - x a) v N C o N E U w 11 'v Y �. E t� O � E 0 O 0 0 N r i U O C U O c O C O a) �� O O a) 00 'o E _ U o rn�= N U C a U o c O a) = O c r rnM o o `- CD E O O L- N -m w �� r IOIM.Ec� = O Ef3 (n cf? LO CV) N.CM O CN (n 6R O 0 a O Z CO V 63 L- Q W N Q Z O � N �NCD `-�� c=n U N a� O O o ° o o CL�- c c EL) ca �� "� -' m CD o N in Q) ) O II + II a OO = a n 3c3UN L�o� �= .+ I x N a) o X N a II O If C �- -N i�9 �O 'p i O �O I I Q' nO o _0OJv = N U c = O a) CL O O� >.em010s N 0_ Q ,c Z U I I U ° ° rn O O a`) V1 ° E O 'D C E oo = r II -L- 6q c c 3 a) 3 0 L. O CD a. O O O 11 O �3�� O �.oca o N E v, o >% CO 0 O 0 C C 'C o 0 N N c `O 6. N - N V O >`� >,co O N a i Y i > Q 3 ;.. o Z 064 > = Z if O N N N L U) CL N o O n. 0 I ` � c O I V vCL ) O O NO 11 c E L a) a) YO C ` �? c (� .�[ L fA C ° 11 c m a. O ►O 0 ` C O O a) o _ C E `— N to C O 0 m C a) C" N 0, (D I r- Y .— Q O O V) > = ZZ 11 O C p= z� +� r CO 169 O O �Q.0 ca O +% I_ = V) �0 o = 0 c O a LL Q L E ►1� d o )c 0 a d _ o CL,- _ •S a -- co N �a � �:a d gar IEI� c a•- = c ovng �� C,L ." _ CL v� ,C)C TCOJ 6 1 0 00 0 AJ Cc, Irt o Pj Suggested by: C' „ CITY OF KENAI ORDINANCE NO. 2085-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CLARIFYING KMC 22.05.080(a) AND AMENDING IT BY ADDING LANGUAGE TO ALLOW THE CITY TO LEASE, DEVOTE OR GRANT REAL PROPERTY TO QUALIFIED IRS SECTION 501(c)(3) NON-PROFIT CORPORATIONS WITHOUT PUBLIC SALE AT AN AGREED - UPON CONSIDERATION. WHEREAS, KMC 22.05.080(a) currently allows the City of Kenai to grant or devote real property to the United States, the State of Alaska, a local subdivision of the State or any agency of them without a public sale at an agreed upon consideration; and, WHEREAS, qualified IRS Section 501(c)(3) non-profit corporations provide a variety of services that fulfill a community purpose; and, WHEREAS, the City should also be allowed to grant, devote real property to a qualified IRS Section 501(c)(3) corporation without a public sale for an agreed -upon consideration to aid them in providing services to the public that fulfill a community purpose; and, WHEREAS, it is in the best interest of the City of Kenai to clarify and amend KMC 22.05.080(a). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 22.05.080(a) is amended as follows: 22.05.080 Grant or devotion. (a) The Council, by resolution, may lease, grant or devote real property no longer needed by the City for public purpose to the United States, the State of Alaska, a local political subdivision of the State of Alaska, or any agency of any of these governments or an IRS Section 501(c) (3) non-profit corporation, for a consideration agreed upon between the City and Grantee without a public sale if the grant or devotion is advantageous to the City. (b) The council, by resolution, may donate foreclosed real property, valued at less than $10,000 and held by the City for more than ten years, to a non-profit, low income housing corporation for construction of housing, provided that such housing shall be returned to the city and borough tax rolls upon completion. The Grantee shall be responsible for paying any back property taxes, penalties, and interest owed. Ordinance No. 2085-2005 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2005. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 16, 2005 Adopted: April 6, 2005 Effective: May 6, 2005 (2/23/05 sp) Suggested by: Administr< CITY OF KENAI ORDINANCE NO, 2086-2005 AN ORDINANCE THE COUNCIL OF THE CITY OF KENAI, ALASKA DECLARING PARCEL #049-130-14, KN0001422 T05N R 11 W SO 1 THOMPSON PARK SUBDIVISION ADDITION NO. 1) LOT 1, BLOCK 1, 3920 TOGIAK STREET, IS NEEDED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai levied special assessments for certain water and sewer improvements in Thompson Park Subdivision, 3920 Togiak Street; and, WHEREAS, Parcel #049-130-14 KN0001422 T05N R 11 W SO 1 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, has unpaid assessments totaling in excess of $3,000; and, WHEREAS, the Kenai Peninsula Borough foreclosed on this parcel for unpaid property taxes; and, WHEREAS, the Borough will deed this property to the City upon receipt of City's payment of taxes due of less than $500; and, WHEREAS, the City's interest in this property will be preserved by taking ownership of the property; and, WHEREAS, Leland L. Bailey was the former owner and has been notified pursuant to KMC 22.05.090 (c). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the property described as Parcel #049-130-14 KN0001422 T05N R 11 W SO 1 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is hereby declared to be needed for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 2005. ATTEST: Carol L. Freas, City Clerk J Approved by Finance,, � (3/11/2005) hl PAT PORTER, MAYOR Introduced: March 16, 2005 Adopted: April 6, 2005 Effective: April 6, 2005 w 1 200 609S 410 o PRIMROSE Pl. � N )12 r o � 11 C/) Q .10 Q '9 N 3910 8 7 N 6 5 N WILDROSE AVE N 3730 3740 3 810 3820 3830 3840 3650 3 1 10 9 v 6 5 4 8 1 N 7 2 N N 6 3 5 N o � N 24 N N W_ C 25 S 26 27 s� s9 28 9� ,9 29 �o s, 30 ,6 31 2 32 a Z 3 $ 33 w W U. 4 IT- 34 _ (2 -A Cn 35 � 2 z 7 A 6-A G 1 4005 40e0 1.7 �7 ^6 8 2p 5 s 3-A �s N5 4 ; 4 0 4 3 : Ap35 23 DOGWOOD RD s, 4020 4036 2 2A o7 8 9 1 s 1A 'NEIL ADDN. :6 5 4 2� 3�� 4015 -.9 `1 PRIMROSE PL %3s 20 91*0 3920 4010 4020 S s a 4 , 1 10 1 1 �o � 9 2 Z � � 8 7 1 (j 4005 1 4015 4025 4 3 U. FORGET -ME +� �`� 6�s 4020 4o3o 17 4 '12 13 14 5 a 7� 0 16 vso 17 16 11 � a 1 9 8 18 1 5 a� 8% 7 `� 4035 ............... 402s 6(5 a 15 p ............•010 4 �E D �s 40 ss 2 �� 9 % 2 R 4 4020 14 1-13 4° .os0 3 a4r 5 es 10 13 .o,` a� 7 *oe0 8 ,�� 12 /c'wia Past, CI wiaIsm- A 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 the cc�yof KENAI, ALASKA MEMORANDUM To: Mayor Porter and City Councilors From: Linda L. Snow, City Manager uo-� Date: March 11, 2005 RE: Everts' Request for Termination of Lease for Lot 5, FBO Subdivision No. 8 In the attached letter received by city administration on March 1, 2005, Mr. Clifford Everts d/b/a Everts Air Fuel, Inc. requests termination of the airport lease lot identified above. Mr. Everts believes the proposed project is not economically feasible at this time due to higher than projected site development costs. As background information, some of you will recall Mr. Everts and his son both speaking to City Council on June 2"d1 2004 specifically to advise Council he had filed a lease application with the City and to request Council assistance with site development costs. At the time, Mr. Everts estimated a cost of $375K to clear the overburden and excavate. The minutes of the meeting indicate that "Williams noted council's interest in seeing the lease application proceed." On July 7th9 2004, the Everts lease application was approved by City Council. The lease was fully executed in November 2004. In January 2005, Mr. Everts' representatives met with several city officials, including myself, to discuss site development, plans, zoning, building codes, etc. The high cost of depositing overburden was discussed at length, and assistance was requested to defray these costs. The Everts' representatives were advised these costs are typically the responsibility of the developer, not the City, and, secondly, there is no airport land available on which to deposit the overburden from the lease lot. After exploring several ideas with the representatives, ultimately, as I reported to Council in February, I requested Everts Air Fuel make the request for assistance in a written proposal format for further consideration by the administration and Council. No written request for assistance was received. At this time, the Lessee is fully current with lease payments to the City. The Everts lease was not on the Borough property tax roll for 2004, but a tax bill has been sent for 2005. The administration recommends Council approval of the lease termination for Lot 5, FBO Subdivision No. 8, including a requirement for the payment of property taxes by the Lessee for 2005. February 22, 2005 Linda L. Snow City Manager City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Re: Lot 5, F.B.O. Subdivision No. 8 Dear Ms. Snow: RECEIVED C It T %!' 0; t Everts Air Fuel wishes to terminate its lease on the above property effective 03/31 /2005. The cost of development substantially exceeds our projections and at this time it is not economically feasible to move forward. We appreciate all the effort and assistance extended to us by both City and Airport officials. Sincerely, Cli ord R. Everts President _ S;• ; : r (907) 450-2375 • Fax (907) 450-2326 • P.O. Box 60908, 5525 Airport Industrial Road 9 Fairbanks, AK 99706-0908 TERMINATION OF LEASE CLIFF R. EVERTS d/b/a EVERTS AIR FUEL, INC., whose mailing address is P.O. Box 60908, Fairbanks, Alaska 99706 and the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, hereby agree the Lease for the property located in the Kenai Recording District, Third Judicial District, State of Alaska, dated November 23, 2004 described as Lot 5, F.B.O. Subdivision No. 8, according to Plat No. 2004-85 (KPB#043-360-43), is terminated effective March 31, 2005, and The Lessee will be responsible for payment of the 2005 property taxes on the above - described property. DATED this day of 12005. LESSEE: CLIFF R. EVERTS, INDIVIDUALLY •. By: Cliff R. Everts Termination of Lease - Page 1 of 3 EVERTS AIR FUEL, INC. Name and Title (If Lessee is a Corporation) ATTEST: Name and Title LESSOR: CITY OF KENAI Linda L. Snow, City Manager Approved as to form: Cary R. Graves, City Attorney STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 92005.1 CLIFF R. EVERTS, 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: Termination of Lease - Page 2 of 3 STATE OF ALASKA ) )ss- THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 2005, Name: , Title: , of EVERTS AIR FUEL, INC., 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: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2005, LINDA L. SNOW, 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: Termination of Lease - Page 3 of 3 s "Villa e witl� a past,cI with 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 --==-- -= www.ci.kenai.ak.us the ciiy of KENAI, ALASKA \Y�� Memorandum Date: March 10, 2005 To: Linda L. Snow, City Manager From: Kim Howard, Assistant to the City Manager 1 RE: Tracts 5 & 6, Shore Fishery Plat No. 71 Randy Canady is the lessee for Tracts 5 & 6, Shore Fishery Plat No. 71. The lease will expire on June 30, 2005. Covenant 42 of the lease includes a "preference right to re -lease those lands previously leased by him if all other sections of the Kenai Municipal Code are complied with. Re -leasing will not necessarily be under the same terms and conditions of the prior lease." Mr. Canady has informed the City that he would like to renew his lease under this clause. One of the duties of the Harbor Commission as outlined in KMC 11.10.010 (5) is to review leases of City -owned tide, submerged, and lands or navigable waters within the City and make recommendations to the City Council. The Commission recommended approval at their meeting on March 7. KMC 11.20.140 states, "No leased land may be changed in use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed by the Planning Commission and approved by the Council." The Commission recommended approval at their meeting on March 9. Historically, shore fishery leases have been renewed on the basis that the lessees had fished the sites for many years. As in the past, the proposed term of the lease would be for ten years. Annual rent shall be $300 for each tract, however, the City may amend the annual rent equal to that charged by the State of Alaska, if that amount should change during the term of the lease. The State of Alaska doesn't expect to increase their rents in the near future. Attached are maps of our shore fishery leases and a spreadsheet identifying the lessees, the legal descriptions and the expiration dates. Mr. Canady is current in payments to the City and Borough. If Council approves the renewal, a lease can be drawn up for signatures. Attachments Cc: Randy Canady /kh Lessee Legal Expiration Canady, Randale Canady, Randale Campbell, Boyd Campbell, Boyd Johnson, Keith Johnson, Reta Aurora Holdings & Investments, LLC Tracts 5 & 6, Shore Fishery Plat #71 Tract 3, Shore Fishery Plat #71 Tract A, City of Kenai Shore Fishery No. 1 Tract B, City of Kenai Shore Fishery No. 1 Tract 1, Shore Fishery Plat #71 Tract 2, Shore Fishery Plat #71 Tract 7, Shore Fishery Plat #71 6/30/2005 6/30/2006 6/30/2006 6/30/2006 6/30/2006 6/30/2006 6/30/2006 Ile 4 4 GWO. Los So ap r.Or I `..•. �� L ' ✓ Lot to I • l� ;. y . % � �; � � 1� � ;� � wig � •� .46 • .• i - ,. ? .. • • " Lot 11 t VICINITYToo S,• LQ i 1 ecrIN oar rfrr. i "r so took \1 . i O Irlf•11 > • :.rr our a•M Ifrfi WA. rra h Yf1.L •� ••M. tt•'t i. ;ra. .. r ' •.,{, ? • . \ Ij I .� t1 frf awl' "ago one Ntrr�rfl fr y•r w oar r.r/ •� iti4 .. ! p.�i •r rrra••.fo • i,. \ 't � 1 i • a� ,, .r1r. to Iflr GI.a► Mfarn M 1/rM farf I.r MN fIM. 1. • /.. •' f•L . ` � Y•N f..•r 0.44 alw ./ Color Y1fa/ •lN �tfr•0frw Iw/Y flaw.Nrwf•o• "' \ w \ ' • • •M •.. Yf C.rrir C i Iwo /Mla �Y /N ~ I i ! ` • •. i is ✓ 1�� I o«. ... ...'Ka 1►_.t. clog. • GA. to. tl.wt clog. a •� ... p ♦, o r I \ • a' O �\ t i / ►�•`r , �. Ir•Mrr I.w omm forrrrirrar fr Hors••. farm- / •r' � S A►\(, 4 C wE S \ �. .\ 1' I / ,gam arr g.a'/.r• affa•r 1L ji • 640. ,if• •• • ..pia • . • \«. a; r•at+ flrrg• f r••1: { N t• {7 h S, 1 : 1•�•,• Z•f. R t r.dvlrtsf 1 ar.• r O f.••r• fears ! dap t of 016 ff C •0 t r ,� •oar .•• 1 .a.arr arar• Z1 • t�• �VI .«• . o• fr.�a ror•r as rio.ilh If •a.f is t fra..r tas•a i �• •1't rf .a N /1. a, 16 •` ,_ ,, ,� ♦ .^ .' :r all ore• • {Irfa't of •• Ji /t .1 •' .. S'% , .. ' •.,... � . Sr ass r•rt . • ►art /r as fr f10 f f � I 41 S t (✓ 0 VII of Z a' 1 Y9a; '' • eL'a i A, SECIM" 26 SeCT10' I 00 for ot PGt • \ = p \ .1Y If rA is - /� 1. I t ���+� Y��/ /�\ Ar tll.t blot f >• /2. tf .tf+ • 4u. oafraa 1 .f,4&00 • r 1 / ♦H• + oft+ 1o* / SS •o0S�'r /fail 1h.v I �r.� •7/0.a1 / fltatfff�rllM t as f ..ar•M•r • Chet i SE: ,10N 36 r� T 6 Na R 12 W. S.M. ALAS► Vp �� SHORE FISHERY PLAT NO. 71 TY LIMITS �C,59656'01 ?I w ti TRACT A 14 46 MLO, iv 1427.40 AjtJ �L,'Y�jF .2 T R .4 r, T e CNN cl. Q, CP Q0, r. Iwo I-P Q0 11 CP tjc) SHORE FISHERY DIAGRAM NOol J-i ITEM 1: ITEM 2: ITEM 3: ITEM 4: a. a. b. a. ITEM 7: a. b. C. ITEM 8: COUNCIL ON AGING MARCH 3, 2005 KENAI SENIOR CENTER 7:00 P.M. AGENDA CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY -- February 3, 2005 PERSONS SCHEDULED TO BE HEARD Linda Flowers -- Forget -Me -Not Adult Day Service OLD BUSINESS Discussion -- 2005 Goals & Objectives Discussion -- Choice Waiver Clients 2 x Meals NEW BUSINESS Discussion -- Center Survey/ Meals & Activities REPORTS Council on Aging Chair Director Council Liaison QUESTIONS & COMMENTS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION a. Council Action Agendas of February 3 and 16, 2005. ITEM 11: ADJOURNMENT COUNCIL ON AGING MARCH 31 2005 KENAI SENIOR CENTER 7:00 P.M. CHAIR BILL OSBORN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Osborn called the meeting to order at approximately 7:05 p.m. The roll was confirmed as follows: Members present: J. Hollier, E. Jones, R. Jurgensen, G. Kuntzman, L. Flowers, B. Osborn, and J. Harris Members absent: D. English and F. Wilson Others present: Senior Director Rachael Craig ITEM 2: AGENDA APPROVAL MOTION: Member Harris MOVED to approve the agenda as presented and Member Kuntzman SECONDED the motion. There were no objections. SO ORDERED. ITEM 3 : APPROVAL OF MEETING SUMMARY - - February 3, 2005 MOTION: Member Hollier MOVED to approve the meeting summary as presented and Member Flowers SECONDED the motion. There were no obj ections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Linda Flowers -- Forget -Me -Not Adult Day Service Flowers gave an overview of the services offered by the Forget -Me -Not Adult Day Service, noting the program makes available vital services to persons who otherwise would be isolated and cannot get up and around; provides family support and peace of mind; was recognized in a state survey as needed in communities; and, is funded through the Division of Senior Services & Disabilities. ITEM 5: OLD BUSINESS 5-a. Discussion -- 2005 Goals 8. Objectives The group discussed goals and objectives for the year and suggested the following: • Support the assisted living facility project. • Support the Seniors' gift shop to open on May 1 at Kenai Landing. Consider selling pull tabs/rippies at the gift shop. • Be a - "one-stoP psho " for resources for senior activities and services. • Support staff s efforts in finding additional funding to support the senior programs. MOTION: Member Jones MOVED to request the Senior Connection to investigate the sale of pull tabs/rippies at the gift shop. Member Harris SECONDED the motion. There were no objections. SO ORDERED. 5-b. Discussion -- Choice Waiver Clients 2 x Meals Senior Director Craig reviewed the requirements of the program and indicated a Choice Waiver client receives two meals a day, one of which is a hot meal. ITEM 6: NEW BUSINESS 6-a. Discussion -- Center Survey/ Meals &. Activities This item will be discussed at the April meeting. ITEM ?: REPORTS ?-a. Council on Aging Chair -- Osborn reported the following: g g • Dr. Peter Hansen offered to donate property to use for an assisted living facility site, however it was found install water/ sewer utilities to the property would be very expensive. • City -owned property along Redoubt Avenue is being considered for the facility site. Because there may be a desire to donate the property, an ordinance will need to be passed to allow the action. ?-b. Director -- No report. ?-c. Council Liaison -- No report. ITEM 8: QUESTIONS & COMMENTS It was suggested future seniors be surveyed as to services they would think needed at the Senior Center and it was recognized, the Center needs more community support. ITEM 9: PERSONS NOT SCHEDULED TO BE H -- None. ITEM 10: INFORMATION 10-a. Council Action Agendas of February 3 and 16, 2005. COUNCIL ON AGING MEETING MARCH 3, 2005 PAGE 2 ITEM 11: MOTION: ADJOURNMENT Member Harris MOVED to adjourn and Member Jurgensen SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8 : 45 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING MARCH 3, 2005 PAGE 3 KENAI AIRPORT COMMISSION MARCH 10, 2005 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY -- a. October 14, 2004 Regular Meeting b. November 10, 2004 Special Meeting C. January 26, 2005 Special Meeting ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion -- Float Plane Basin Fuel Tanks ITEM S: REPORT a. Commission Chair b. Airport Manager C. City Council Liaison ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD a. Kenai City Council Meeting Action Agendas for February 2 and 16, 2005. b. 2/05 Monthly Passenger Enplanement Activity Reports. C. 2/22/05 C. Everts letter terminating Everts Air Fuel lease of Lot 5, FBO Subdivision No. 8. ITEM 12: ADJOURNMENT KENAI AIRPORT COMMISSION MARCH 10, 2005 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7 : 00 p.m. The roll was confirmed as follows: Commissioners present: J. Bielefeld, H. Knackstedt, C. Versaw, D. Haralson Commissioners absent: J. Zirul, E. Mayer and J. Watkins Others present: Airport Manager R. Cronkhite and Council Member C. Massie A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Haralson SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR The members agreed to have Henry Knackstedt continue as Chair and Jim Bielefeld continue as Vice Chair. ITEM 4: APPROVAL OF MEETING SUMMARY -- 4-a. October 14, 2004 Regular Meeting MOTION: Commissioner Haralson MOVED for approval of the meeting summary of the October 14, 2004 Commission meeting and Commissioner Bielefeld SECONDED the motion. There were no obj ections. SO ORDERED. 4-b. November 10, 2004 Special Meeting MOTION: Commissioner Haralson MOVED for approval of the meeting summary of the November 10, 2004 Commission meeting and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED, 4-c. January 26, 2005 Special Meeting MOTION: Commissioner Bielefeld MOVED for approval of the meeting summary of the January 26, 2005 Commission meeting and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 6: OLD BUSINESS -- None. ITEM ?: NEW BUSINESS 7-a. Discussion -- Float Plane Basin Fuel Tanks The Commission referred to a memorandum included in the packet noting the desire of some tenants of the basin to store fuel on site. Larry Porter, 310 Rogers Road, Kenai -- Porter stated he believed the allowing of stored fuel, from 500 to 1,000 gallons, will attract people to use of the facility; buying in bulk will lower the cost of fuel; and, with the city eliminating tax (on the airport), it will probably generate more interest. Comments from discussion of the issue included: • Selling fuel in blocks of 500 gallons would encourage everyone to come to Kenai. • Selling the fuel ten cents or so over cost was suggested. • Concern was expressed the desire would not be to having everyone flying over from Soldotna to purchase cheap fuel. After discussion, the members recommended to promote the use of the Float Plane Basin by offering fuel at an incentive rate and offering further incentive to airport tenants in the form of a rebate at season end. Exact rates to be determined by the Airport Manager and Finance Director. Additionally, investigate a new pump/computers for future tier system to reward tenants/block fuel purchasers. MOTION: Commissioner Haralson MOVED to adopt the above recommendation and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. AIRPORT COMMISSION MEETING MARCH 10, 2005 PAGE 2 ITEM 8: REPORT 8-a. Commission Chair -- Chair Knackstedt noted the following: • Discussed a letter he received from Mayor Porter requesting the chair and vice chair of city commissions/committees to contact the members eight days prior to a meeting to confirm a quorum for the next meeting. Knackstedt requested the members to phone if they will not be attending a meeting. A brief discussion followed regarding calling and quorums. • The Air Fair has been scheduled for May 21. 8-b. Airport Manager -- Airport Manager Cronkhite gave a brief update related to the Air Fair and confirmed the first organizational meeting for this year's fair was scheduled for March 17 at 5:15 pm in the Airport Manager's office. The next meeting with the Supplemental Master Plan Consultants is March 29 at 6 pm. 8-c. City Council Liaison -- Council Member Massie stated he was encouraged to see three graduates of Kenai Central High School on the Commission. He added, as they work on developing the airport, he felt it is important to advertise and make sure the public is aware of what is planned. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS -- None. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION ITEMS 11-a. Kenai City Council Meeting Action Agendas for February 2 and 16, 2005. 11-b. 2 / 05 Monthly Passenger Enplanement Activity Reports. 11-c. 2 / 22 / 05 C. Everts letter terminating Everts Air Fuel lease of Lot 5, FBO Subdivision No. 8. ITEM 12: ADJOURNMENT MOTION: Commissioner Bielefeld MOVED to adjourn and Commissioner Haralson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:20. p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING MARCH 10, 2005 PAGE 3 ITEM 1: ITEM 2: KENAI HARBOR COMMISSION MEETING MARCH 712005 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY -- January 10, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion/Review -- Commission Dip Net Fishery Recommendations a. Discussion/ Recommendation -- Lease Renewal/Tracts 5 8. 6, Shore Fishery Plat No. 71 -- Randy Canady ITEM 7: REPORTS a. Director b. Dock Foreman C. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of February 2 and 16, 2005. b. Commission Membership Update ITEM 11: ADJOURNMENT KENAI HARBOR COMMISSION MEETING MARCH 79 2005 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: P. Barrett, J. Foster, J. Barrett, S. Romain, T. Thompson Commissioners absent: B. Eldridge Others present: Council Member Massie and Public Works Manager Kornelis A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner J. Barrett MOVED to approve the agenda as presented and Commission Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- January 10, 2005 MOTION: Commissioner J. Barrett MOVED to approve the meeting summary as presented and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED, ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion/ Review -- Commission Dip Net Fishery Recommendations The Commission reviewed their recommendations made during their November 8, 2004 meeting, i.e. three concrete outhouses; punch card for parking; and, no fires from South Spruce extending north and over 25' from dunes going south. Council Member Massie reported, council discussed the recommended placement of outhouses, but no final decision had been made. It was noted, the priority outhouse would be one placed at South Spruce beach. The Commission reviewed the improvement suggestions estions from the 2004 Kenai River � p Personal Use Dip Net Fishery Report included in the packet. Priority items were identified by the Commission as the ramps and road improvements, as well as signage, i.e. a master signboard indicating camping areas, allowed fire areas, parking, waste disposal, etc. It was also suggested leaflets with the information be prepared and handed out to users of the areas. After a lengthy discussion the Commission members indicated the following as priority recommendations: • The City build three concrete outhouses with the one at the end of South Spruce being the first priority since the old one there needs to be replaced. • Do not use punch cards or seasonal passes for parking as there will not be much of a savings for the user and a punch card could be damaged, cost of printing, etc. • No fires north of South Spruce and fires to south must be over 25' away from vegetation. • The City place a master signboard. MOTION: Commissioner J. Barrett MOVED the Commission, after must discussion, recommends that users of the parking areas pay each time they park, as they have in the past, and not use a punch card or seasonal pass. Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6-a. Discussion/Recommeadatioa -- Lease Renewal/Tracts 5 & 6, Shore Fishery Plat No. 71 -- Randy Canady The Commission reviewed the information included in the packet relating to the request by Randy Canady to renew his lease for Tracts 5 8. 6, Shore Fishery Plat No. 71. MOTION: Commissioner J. Barrett MOVED to recommend approval of the lease renewal for Randy Canady and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 7! REPORTS ?-a. Director -- Public Works Manager Kornelis reported the following: • The boating facility is closed and quiet. HARBOR COMMISSION MEETING MARCH 7, 2005 PAGE 2 • The boat storage lease was signed by RW Seafoods. The lease continues until May. • He will be bidding both the dock spaces, including the boat storage area in the near future. Kornelis noted, he wants to make sure whoever is awarded the dock bid also receives the boat storage area also. 7-b. Dock Foreman -- No report. 7-c. City Council Liaison -- Council Member Massie reported the following: • Council has not made any decisions relating to the dip net fishery operation. He noted, he would like a master plan developed for the next five years, i.e. what the dock and beaches should look like, where toilets would be placed, where docks, ramps, roads need to be located, etc. Massie also suggested the Commission's recommendations be forwarded to the Dip Net Committee. He also suggested a schematic drawing included with the master plan as well. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS J. Barrett -- Suggested the Parks & Recreation and Planning 8. Zoning Commissions be involved in development of this master plan. Thompson -- Reviewed letter received from Mayor Porter requesting commission chairs or vice chairs to contact members about meeting attendance before each meeting. Thompson stated, he or Vice Chair Barrett will commission commissioners. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of February 2 and 16, 2005. 10-b. Commission Membership Update A moment of silence was held by the Commission in remembrance of Commissioner Spracher, who recently passed away. Update information was offered for Peter Barrett and Gary Foster: • Peter Barrett -- Business phone, 283-1309 and 398-1213 (cell) • Gary Foster -- No business phone, 252-4003 (cell), and new email, Fkfo sterna,acsalaska. net. Thompson noted the next meeting date as April 11. ITEM 11: ADJOURNMENT HARBOR COMMISSION MEETING MARCH 7, 2005 PAGE 3 1 MOTION: Commissioner J. Barrett MOVED to adjourn and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:40 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING MARCH 7, 2005 PAGE 4 ITEM 1: ITEM 2: ITEM 4: ITEM 5: KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS MARCH 1, 2005 7:00 P.M. CALL TO ORDER & ROLL CALL AGENDA APPROVAL 3� l APPROVAL OF MEETING SUMMARY -- February 1, 2005 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS a. Discussion -- Review Proposed Library Expansion ITEM 7: REPORTS a. Director b. Commission Chair C. Friends of the Library d. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD INFORMATION a. Kenai City Council Action Agendas of February 2 and 16, 2005. b. Updated Commission Membership List ITEM 11: ADJOURNMENT KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS MARCH 19 2005 7:00 P.M. CHAIR EMILY DE FOREST, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair DeForest called the meeting to order at approximately 7:00 p.m. The roll was confirmed as follows: Commissioners present: K. Heus, E. DeForest, J. Jenckes, J. Rodes, K. Dunn, B. Peters. Commissioners absent: C. Brenckle Others present: Council Member Blaine Gilman, Library Director Ewa Jankowska, and Julie Niederhauser, Library Staff. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Peters MOVED to approve the agenda as presented and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- February 1, 2005 MOTION: Commissioner Peters MOVED to approve the meeting summary as presented and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion -- Review Proposed Library Expansion A brief history of proposed expansion efforts were noted and comments included: • Missing excitement about idea of an expansion. • The multipurpose facility being funded and disappointment no funding was available for a library expansion. • Bond issues that were included on ballots and failed. • The role of the Commission and Friends of the Library. • The Denali Commission funding a community center in Girdwood. Recommendations suggested were to bring people to the library, i.e. Historical Society; consider an ordinance being requested similar to Haines; investigate how to approach the Borough to help write grants; and present the project. MOTION: Commissioner Rodes MOVED to concentrate on reviewing previous plans and decide which would be the final plan to present for public review. Commissioner Heus SECONDED the motion. VOTE: Heus Yes DeForest Yes Jenckes Yes Rodes Yes Dunn Yes Peters Yes LBrenckle Absent MOTION PASSED UNANIMOUSLY. ITEM 6: NEW BUSINESS -- None. ITEM 7: REPORTS 7-a. Director -- Director Jankowska reported on new cards issued, tax forms, etc. available at the library. She also noted, a $500 grant was received for the library to participate in the Health Fair; an article regarding the library's health resources was available; and a new business page was prepared by Economic Development Director Varner. 7-b. Commission Chair -- No report. 7-c. Friends of the Library -- No report. 7-d. City Council Liaison -- Council Member Gilman noted the next council meeting was scheduled for March 2 and a budget work session will be held in April. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS Heus -- Requested the library's draft budget be made available to the Commission. Rodes -- Hopes to start a new project. Dunn -- Requested a presentation be made by the Homer Librarian be made about their new library. Jenckes -- Appreciated the history of the proposed library addition. Peters -- Stated he was excited about the renewed thinking about an expansion fo the library and greatly appreciated Commissioner Jenckes' participation. LIBRARY COMMISSION MEETING MARCH 1, 2005 PAGE 2 ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of February 2 and 16, 2005. 104. Updated Commission Membership List ITEM 11: ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:40 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING MARCH 1, 2005 PAGE 3 KENAI PARKS & RECREATION COMMISSION MARCH 312005 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ITEM 5: J5 APPROVAL OF MEETING SUMMARY -- February 3, 2005 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS a. Discussion -- Soccer Park Update ITEM 7: REPORTS a. Commission Chair b. Director C. City Council Liaison ITEM 8: COMMISSION QUESTIONS & COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Council Action Agendas of February 2 and 16, 2005. b. Beautification Committee Meeting Summary of February 8, 2005. C. Commission Membership Update d. 1 / 05 Kenai Multipurpose Facility Activity Report e. 2005 Kenai Beautification Committee, "Barrels of Blooms" REMINDER: BOYS h GIRLS CLUB SITE VISIT FOLLOWING MEETING KENAI PARKS & RECREATION COMMISSION MARCH 39 2005 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR MIKE BARTER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Baxter called the meeting to order at approximately 7:12 p.m. The roll was confirmed as follows: Commissioners present: D. Hultberg, D. Sandahl, M. Baxter, K. Steiner Commissioners absent: R. Mills, J. Castimore, and T. Werner-Quade Others present: Council Member Joe Moore and Parks 8. Recreation Director Bob Frates ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY -- February 3, 2005 There were no changes to the meeting summary and it was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion -- Soccer Park Update Director Frates reviewed the progress of the proposed development, including: The status of the Land &Water Conservation Fund Grant (LWCF) and projected costs. He explained the City's in -kind contribution would include a $60,131 State administrative fee. Frates added, it hoped the estimated in -kind contribution can be increased. The rezone request from Rural Residential Zone to Recreation Zone was addressed by the Planning &. Zoning Commission. The Commission unanimously recommended the rezone go forward. The ordinance to rezone the targeted property was introduced at the March 2 council meeting. The public hearing will be held on March 16. Noted issues and concerns voiced at the Planning &. Zoning Commission by individuals living in the vicinity of the proposed development. Commissioner Sandahl stated he felt the soccer fields would be a huge enhancement to the community and to the Section 36 area, as well as believing the development would offer a potential for increased property values. Frates noted council's desire for the Parks & Recreation Commission to hold a public hearing with respect to the soccer field design at its next meeting. It was noted some of the commissioners may be absent for the April meeting and if so, it was suggested an April 21 special meeting could be requested. ITEM 6: ITEM 7: ?-a. NEW BUSINESS REPnRTS Commission Chair -- Baxter noted the following: • Asked if maintenance to be performed on the proposed soccer fields by the soccer organization could be forward funded and Frates answered he did not believe so. • Requested commissioners to contact administration if they will not be able to make meetings. • Reminded the commissioners of the site visit to the Recreation Center immediately following the meeting. ?-b. Director -- Frates noted the following: • Some of the maintenance items for the summer at the cemetery would include the spring clean up, development of an access road, thinning of brush, and turf care for the newly seeded area. • He included partial funding for a gazebo in his draft budget. ?-c. City Council Liaison -- Council Member Moore reviewed actions taken at the March 2, 2005 council meeting, including passage of the ordinances to establish a Limited Commercial Zone and to require certified mailings to appellees/ applicants for a permit being appealed, etc. ITEM 8: COMMISSION QUESTIONS & COMMENTS Hultberg asked if it was important for commissioners to be present and Frates answered yes. Steiner reported she would be resigning from the Commission due to her busy schedule. She added, she was very appreciative and thankful for the experience. ITEM 9: ITEM 10: 10-a. 10-b. PERSONS PRESENT NOT SCHEDULED TO BE HEARD -- None. INFORMATION Council Action Agendas of February 2 and 16, 2005. Beautification Committee Meeting Summary of February 8, 2005. PARKS & RECREATION COMMISSION MEETING MARCH 3, 2005 PAGE 2 10-c. Commission Membership Update 10-d. 1 / 05 Kenai Multipurpose Facility Activity Report 10-e. 2005 Kenai Beautification Committee, "Barrels of Blooms" ITEM 11: ADJOURNMENT The meeting adjourned at approximately 7:56 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk PARKS & RECREATION COMMISSION MEETING MARCH 3, 2005 PAGE 3 the c# of //KENALALASKA V V1111a e with a Past, Cl withago 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City gJqrk DATE: March 11, 2005 RE: PARKS & RECREATION CO1VI WSSION MEMBERSHIP At its March 3, 2005 meeting, Commissioner Kendra Steiner stated she was resigning from the Commission due to her student workload, extracurricular activity participation, etc. Attached are two applications which have been on file for your consideration. Additionally, it has come to my attention Commissioner Ryan Mills has moved outside the city limits. Because of Commissioner Mills' employment with Peninsula Memorial Chapel and direct connection to the Kenai Cemetery, his participation with the Commission is very advantageous to the Commission and to administration. Kenai Municipal Code, 1.90.030(b) states, "The Beautification Committee, and Harbor, Library, and Parks 8v Recreation Commissions may, at the discretion of the Council, have up to two non-resident members each." Does Council have any objections to allowing Commissioner Mills to continue his membership on the Parks 8a Recreation Commission? I CITY OF KENAI "Village with apast —City with a futures" BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMM SSIO NAME: Resident of the City of Kenai? Y,e,5 How long? Residence Address -75 C �N � v--�u\+nr.� b c • Ker�:� � Ar � r'1 `1(p l � Mailing Address Home Telephone _No. �- <63 " 5 0 ,S Home Fax No. Business Telephone No '` 3 _ � -� -7 Business Fax No. Email Address: CA — cAc) r r\c4 — VY) V h 0 fi yvic., , � - C 0 � EMPLOYER: 1 in f- e ip- Q Job Title�- NAME OF SPOUSE: Current membership in organizations: U O n C� b o o Past org anizational memberships: Uol( �-. Al 50CC eX, Vic) COMMITTEES OR COMM ISSIONS IN WHICH YOU ARE INTERESTED: P�ckst.-keCfec,4--oK) WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, 0%#%%Z1uTQCT^W 0%10 f%1%111R1WTTWrVV- M&i'_M7RR1iMUMIA Signature c APFZ— 1 i6-2002 03 : 05 PM MUZZY 9072937427 P.01 I'age 1 - o f 2 CITY OF KENAI 'Village with a past so City with a future.'• BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: - NAME: M_ 10 " " Resident of the City of Kenai 1I How long? aA^:) Residence Address Mailing Address Cs2tnt S'S Home Telephone No. - Home Fax No. Business Telephone No. Business Fax No. -"' Email Address: 12 a eit 1, t aLaAka &2*- 24 at EMPLOYER: ob Title NAME OF SPOUSE; saijam Lim" Membership in organizations: Past organizational memberships; ELLA., M COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED_ QkS fi Rer . WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTELiJL tb -t-At-a-L r;b v 110AUlt% Q LL 2 E AU L I C4 I L l..JJ : / 1 1NWW . t. 1 r•Ntictl . d K . U11111t11b51ULIb/ u IU11111 %%�Z1.V11cg)1 J J..LUc.L L..LQr I , it l.11l'/ / I V/ V.::� alfal3we Niel N WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Av4 d �!YIeQ� f4 1' A twP laQDrii,c� �p Signature Return to City Clerk, 210 Fidalgo Avenue, Suite 200 283-3014 (faxl. 283-7535 PYt. 71.1. lnhmnM - - L . , , .. .. .. . , 6 `-i406i A . r, . u.-) / %_.v1LLLLL.l Z".7 Z) 1 Utl:i / UUILLUL L M :.,) I Ul1CLpj.1 i i. L: CL L. l C. ) ! i . 11 L.JLL4 / A. C) / V Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COIV MSSIONS AND CONUMTrrEES Sections: 1.90.010 Creation. 1.90.020 Duties. 1.90.030 Qn2lifications. 1.90.040 Terms. 1.90.050 Proceedings. 1.90.060 Specific regniremeats of boards, commissions and committees. 1.90.010 Creation. All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A charm and vice-chatisrnan shall be selected annually and shall be elected from and by the appointed members. The Mayor and one Council Member elected by the Council as ex- officio members and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City administrative staff attend all meetings of boards, commissions and committees and supply staff �upport- 1.90.020 Dudes. (a) Members of boards, commissions and committees shall be required to establish policies elating to their respective or8aaization. They shall act in as advisory capacity to department heads within the City Administration if there are such depwtrnents is the City organisation that directly relate to the board, commission or committee. (b) If the board, commission or committee has income stated within the City of Kenai aimual budget, said board, commission or committer shall work with the City Manager to establish expenses projected for the year for approval by the City Council. 1.90.030 Qualifications. (a) A member of a board, commission or covirnittee must be a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement The member cannot be an officer or employee of the City of Kenai. If any member should move his residence from the corporate limits of the City of Kenai (if applicable), is as officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbfor all reasonable expenses incurred in connection with this service, only after approval by Council. (b) The Beautification Committee, and Harbor. Library, and Parks and Recreation Commissions may at the discretion of the Council have up w two on -resident members each. (Ord. 1948-2002) 1.90.040 Terms. (a) A member of a board, commission or committee shall serve for a tern of three (3) years, unless the board, commission or cois specifically exempted by Council from this requirement At renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a replacement (b) The terms of the initial board, commission or comrmttee member shall be staggered so that three (3) members will be appointed for one yea; two members will be appointed for two years; and two members will be appointed for three years. Terms shall commence on January 1 of each year. 1.90.050 Proceedings. (a) All boards, commissions and committers will have regularly scheduled meetings winch shall be open to the public. Exceptions to the meeting requutments shall be established by Council. Permanent rxords or minutes shall be kept of all P�mB$ and such miautzs shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of 32 (s84-7/26M) PARKS as RECREATION COMMISSION Meets First Thursday Kenai City Council Chambers 7:00 p.m. Commissioner Name and Address Home Phone Business Phone Email Address Term Ends Richard Hultberg P.O. Box 545 Kenai, AK 99611 283-3017 2006 Dale Sandahl 4560 Kenaitze Court Kenai, AK 99611 283-3238 dsandahl(:. ci. net 2008 *Mike Baxter 1619 Toyon Way Kenai, AK 99611 283-6186 283-7133 (p) 394-2789 (c) mikebaxter�'c.acsalaska.net 2006 Ryan E. Mills P.O. Box 1494 Kenai, AK 99611 335-0130 283-3333 (p) 283-6116 (fl 252-7894 (c) timterriO...Iptialaska.net 2007 Jack Castimore 2775 Watergate Way Kenai, AK 99611 283-4609 2007 **Teresa Werner-Quade 409 McCollum Drive Kenai, AK 99611 283-5423 398-9213 plquadeQ gci. net 2008 Kenai, AK 99611 2006 Council Member Joe Moore 1006 Inlet Woods Kenai, AK 99611 283-4610 262-7478 (p) 262-6107 (o cpajo u;altrogco.com Bob Frates, Director Parks & Recreation Department 210 Fidalgo Avenue Kenai, AK 99611 283-3692 (p) 283-3693 (o bfrate a:ci. kenai. ak. us *Chair f **Vice -Chair (3/9 / 2005) CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS March 9, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *February 23, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: a. Tracts 5 & 6, Shore Fishery Plat No. 71 Lease Renewal (Randy Canady) —Review and recommendation. 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c . Administration 11, PERSONS PRESENT NOT SCHEDULED: • 12. INFORMATION ITEMS: a. State Legislature Kenai -Kodiak Caucus (Floodplain Science & Strategies Conference) b. Kodiak Island Fiber Link - Submarine Cable Route/Kodiak Cable Co. 13, CONIlVIISSION COMMENTS &QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS FEBRUARY 9, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING ITEM 1: ALL TO ORDER Chairman Hammelman called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: J. Tvvait, N. Amen, J. Barrett, C. Glick, J. Hammelman, P. Bryson Members Absent: B. Eldridge Others Present. Council Member Joe Moore, Department Assistant N. Carver, and Contract Secretary B. Roper 1-b, Agenda Approval MOTION: Commissioner Barrett MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION; Commissioner Amen MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS -- None. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. Tracts 5 & 6, Shore Fishery Plat No. 71 Lease Renewal (Randy Canady) - Review and recommendation. Department Assistant Carver explained this was a renewal of an existing lease and Commissioner Barrett reported the issue was reviewed b the Harbor Commission on p y March 7 who recommended approval. Commissioner Amen asked what calculation determined the length and cost of the lease. It was explained the State has established guidelines the City of Kenai follows. MOTION: Commissioner Bryson MOVED to recommend approval of the lease renewal for Shore Fishery Plat No. 71 and Commissioner Twait SECONDED the motion. VOTE: 'I�vait Yes Eldridge Absent Amen Yes Barrett Yes Glick Yes Hammelman Yes Bryson Yes MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Council Member Moore provided a report on action taken at the March 2, 2005 City Council Meeting. 10-b, Borough Planning -- Commissioner Bryson provided a report on action taken at the February 28, 2005 Borough Planning meeting. 10-c. Administration -- Department Assistant Carver noted the invitation received to attend the Floodplain Science and Strategies Conference to be held in Seward on March 3 1 - April 1. Carver reported City Planner Kebschull was checking to see if travel funds could be available for any P&Z Commissioner wishing to attend the conference. If anyone is interested they are asked to contact either Kebschull or Carver. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. State Legislature Kenai -Kodiak Caucus (Floodplain Science &Strategies Conference). PLANNING & ZONING COMMISSION MEETING MARCH 9, 2005 PAGE 2 12-b. Kodiak Island Fiber Link -Submarine Cable Route/Kodiak Cable Co. ITEM 13: COMMISSION COMMENTS &QUESTIONS -- None. ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7 :16 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING MARCH 9, 2005 PAGE 3 J -7a i KENAI BEAUTIFICATION COMMITTEE MEETING MARCH S. 2004 7:00 P.M. KENAI COUNCIL CHAMBERS ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: a. a. a. b. C. ITEM 9: CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY -- February 8, 2005 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Summer Planting Theme NEW BUSINESS Discussion -- 2005 Bedding Plant Plans Committee Chair Parks 8. Recreation Director Kenai City Council Liaison QUESTIONS AND COMMENTS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION a. City Council Action Agenda of February 2 and 16, 2005. b. Parks 8. Recreation Commission Meeting Summary of February 3, 2005. ITEM 11: ADJOURNMENT ITEM 1: KENAI BEAUTIFICATION COMMITTEE MEETING MARCH 89 2004 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIR MARILYN DIMMICK, PRESIDING MEETING SUMMARY CALL TO ORDER & ROLL CALL Chair Dimmick called the meeting to order at approximately 7:04 p.m. The roll was confirmed as follows: Members present: M. Dimmick, L. Seymour, J. Rogers, S. Hatch, H. Brown, M. LeFebvre Members absent: L. Nelson Others present: Parks & Recreation Director B. Frates. ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY -- February 8, 2005 There were no changes to the meeting summary of February 8, 2005 and it was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion -- Summer Planting Theme Director Frates referred to the flyer included in the packet and requested feedback from the members. A brief discussion followed. ITEM 6: NEW BUSINESS 6-a. Discussion -- 2005 Bedding Plant Plans A general review of all beds was held and suggestions made to add or replace various flowers and plantings at the circle planters, Chamber walkway, Erik Hansen Scout Park, Warren Larson flowerbed, etc. Other suggestions were offered for Leif Hansen Memorial Park which will be finalized at the next meeting. MOTION: Member LeFebvre MOVED to adopt the flower plans and plant list as an addendum to the Meeting Summary of the March 8, 2005 meeting and Member Hatch SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS ?-a. Committee Chair -- Reviewed a letter received from Mayor Porter requesting the commission/ committee chairs to contact their memberships to confirm attendance to meetings. ?-b. Parks & Recreation Director -- No report. ?-c. Kenai City Council Liaison -- No report. ITEM 8: QUESTIONS AND COMMENTS Brown -- Reported a conversation with Mayor Porter who requested the Committee consider a fish theme and the possibility for placing fish -related sculptures in or near some of the flowerbeds. ITEM 9: ITEM 10: 10-a. 10-b. PERSONS NOT SCHEDULED TO BE HEARD -- None. INFORMATION City Council Action Agenda of February 2 and 16, 2005. Parks & Recreation Commission Meeting Summary of February 3, 2005. ITEM 11: ADJOURNMENT The meeting adjourned at approximately 8:56 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING MARCH 8, 2005 PAGE 2 2005 FLOWER PLANS/LIST ADDENDUM • Add red poppies to bluff and Frontage Road circle planters. • Add tall orange Troilus to Chamber walkway. • Replace Veronica at Bidarka and Spur Highway circle planter with white pearl. • Add Blue Montana to center at Main Street Loop and spur Highway circle planter. • Add lilies with daisies. • Add six Crystal Palace Lobelia at Broad Street and Frontage Road circle planter • Add six Godatia and 12 Ranunculus and replace Taney with Blue Montana. MEMORANDUM TO: Linda Snow, City Manager FROM: Larry Semmens, Finance Direqlk DATE: March 1, 2005 SUBJECT: Monthly Report The finance department is working on the budget as well as normal monthly billings, payments and investments. Sales tax information from the Borough shows that 4t' quarter taxable sales were $32.8 million, up 12.7% from last year. It is interesting to note that in 2002 taxable sales for the 4q uarter were $35 million and in 2001 $36 million. This 4 quarter is the only quarter that is posting lower taxable sales than the same quarter n 2002. Calendar year i � high. 2004 taxable sales were $13 9 million, up 14.4 /o over last year and a new all time g MY budget et projection for fiscal year 2005 sales tax is $4,085,000 and at this point I have no justification to modify that projection. Taxable sales around the borough have increased at remarkably different rates. From 2000 to 2004 borough -wide taxable sales increased 17%. Kenai is up 9%, Soldotna is up 25%, Homer is up 35%, Seward is up 8% and areas outside of cities are up 9%. Interest rates are increasing modestly and are expected to continue trending up. The bad news associated with increasing rates is that the market values of the securities in the portfolio decline as rates increase. This paper loss has to be recorded and will reduce interest revenues for the year. Nevertheless, I expect interest revenue to be better than projected and I expect an increase for 2006. Unfortunately interest revenue will still not approach what it was a few years ago. .-Wr Airport Manager's Monthly Report March 10, 2005 Municipal Airport Airport Supplemental Master Plan: Next work session March 29 at 6:00pm. Please plan to attend. Terminal Access Project: Contractor is gearing up to work on storm drains and landscaping. FedEx: We continue to work with several private developers to find a suitable on - airport location for FedEx. RSAT (Runway Safety Action Team): The annual RSAT meeting and field tour was held on March 9. Discussions included required airfield driver training, new lighting, signage, and communications. The FAA RSAT has agreed to provide technical support to develop an airfield driver -training program that can be accessed through the Airport web site. The program is scheduled to be ready for testing by April 1. All persons requiring access to the airport movement and non -movement areas will be required to complete training and testing before receiving access cards. Kenai Peninsula Air Fair: The Kenai Airport staff and Commission are gearing up for the 5ch Annual Kenai Peninsula Air Fair. This year's event is scheduled for Saturday, May 21. Mark your calendars and give Mary a call if you want to volunteer. The first planning meeting is scheduled for 5:15p.m. Thursday, March 17 at the Airport Manager's office Airport Certification Manual: The FAA recently issued a final rule that revised the Federal Airport Certification Regulation [Title 14, Code of Federal Regulations (CFR), Part 139 (14 CFR Part 139). The final rule reclassified airports into four new classes and changed the certification process and the requirements of the certification manual. On January 24, 2005, the Kenai Municipal Airport Certification Manual was approved and signed. A new Airport Operating Certificate was issued on January 28, 2005. According to the FAA Airports Division, Kenai was the first airport in the State of Alaska to successfully complete the process and obtain a new operating certificate. While this accomplishment required the work of several people including the Kenai Fire Department, the majority of the credit goes to Mary Bondurant for compiling, editing, and formatting the information to FAA standards. Many airports with significantly larger administrative staffs have not yet attained this remarkable accomplishment. 1-. MEMORANDUM To: Linda Snow, City Manager From: Rachael S. Craig, Senior Center Director Date: March 7, 2005 Subject: February Monthly Report Total number of days rented in February 2005: 3 Total Meal Count for February 2005: Congregate Meals: 19280 Home Delivered Meals: 19185 February 2004 Meal Count: Congregate Meals: 19223 Home Delivered Meals: 11,022 February 2005 Transportation: Unassisted Transportation: 192 Assisted Transportation: 6 We had 690.75 volunteer hours. The Wellness Clinic saw 8 senior clients. This clinic is a service through the hospital community outreach. The nurse does blood pressure checks; blood draws and toe nail trims for diabetic clients. Every Friday during the month we had a waffle bar. A senior could purchase a waffle, juice or coffee for a $1.00. We had between 15 and 20 seniors for breakfast. We have had numerous classes and activities this winter and February was no different. We have included an afternoon Yoga class with 6 people participating, and a very active evening bridge group. Senior Connection held a fundraising dinner with the Central Peninsula Writer's Group. Everyone that attended had a great time. The month ended with the second Annual Senior Olympics on the 24, 25 and 26th of February in Kenai and Soldotna. Seniors from area senior centers participated in bridge, pinochle, bowling, darts, pool, basketball toss, walking, cribbage, shuffleboard and poker. There is a traveling trophy that was won by Soldotna Senior Center with 135 points. Kenai Senior Center came in second with 105 points and Nikiski with 95 points. Saturday awards were given and a "Back to the 50's theme dance contest, no -host dinner at "Gingers" was held. There were approximately 50 seniors in attendance to watch and participate in the activities. MNAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 TO: Linda L. Snow, City Manager FROM: Charles M. Kopp, Chief of Police DATE: March 9, 2005 SUBJECT: FEBRUARY 2005 REPORT The Kenai Police Department responded to 486 requests for service in February. The Communications Center received 214 calls for service via E-911. The Communications Department sent five dispatchers to Emergency Medical Dispatch certification training in Soldotna. This certification is necessary to provide medical instructions to callers until Emergency Medical Service personnel arrive on scene. Lt. Wannamaker attended seminars on writing Policy and Procedure, and Supreme Court rulings pertaining to laws of arrest, search and seizure. Sgt. Sandahl and Sgt. Kornfield attended a 40-hour seminar on First Line Supervision sponsored by the AMLIJIA in Anchorage. On February 18 Chief Kopp assisted Homer Police Department with oral board interviews in the promotion of a sergeant. On February 23 & 24 Chief Kopp assisted Division of Administration Deputy Commissioner Kevin Brooks and Division of Military & Veterans Affairs Commissioner Craig Campbell with development of a statewide 911-implementation plan. The Kenai Police Department is the primary host agency for the May 2005 Alaska Peace Officers Association statewide conference, to be hosted at the new Kenai Landing resort. The Department wishes to invite our City Mayor and Council members to attend the opening ceremonies on Tuesday, May 24`h at 9:00am. Page 1 of 1 Kim Howard From: Linda McNair Sent: Wednesday, March 09, 2005 4:25 PM To: Linda Snow; Kim Howard; Ewa Jankowska Subject: February report Report for the month of February 2005 from the Kenai Community Library February, though a short month, was a busy time at the Kenai Community Library. HIP, the library on-line catalog logged 7,107 queries during the month. There were 131 new library cards issued and 373 new titles were added to the library collection. "Ready to learn" workshop is presented by Corey Hall and is sponsored by KAKM. This program teaches parents with young children to enrich their children's television viewing using "view a program - do an activity -read a book related to the program" triangle. Ten families per month are served by this program. KAKM sends book materials so that parents can leave with books for their children. Presentations change and parents are encouraged to participate as often as possible. The Friends of the Kenai Community Library have purchased several new DVD series which are now circulating. DVD's are a very popular addition to the library collection Internet computers are busy with patrons checking emails, doing taxes on line, filing for the PFD on line, and just keeping up with available information. Staff stays busy answering questions, checking out materials and getting more materials ready for public use. �� the edy &Y ZI KEWALASKA \Y�� "I/'1ale with a Past Cip with a Future"' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 /FAX: 907-283-3693 MEMO UM To: Linda Snow, City Manager From: Robert J. Frates, Parks & Recreation Directo Date: 3/9/05 RE: Admin. Report — February 2005 A total of 82.50 hours were booked at the MPF. February also marked the end of high school hockey for the season with KPHA being the dominant user group with a total of 61 hours. KPHA has also recently requested use of the rink from April 3-7 since the Sports Center became unavailable for use. A Use Agreement will be drafted with the stipulation that KPHA pay the contractor for additional maintenance along with paying a higher ice rate for spring ice. February also marked the end of KMS and KCHS skiing although grooming efforts continued for public skiing. The department received notice from the State of Alaska that our LWCF application received a #2 ranking, and thus, eligible to submit a final application. The Director continues to work in that direction. An application to rezone a portion of Sect. 36 from rural residential to recreation was reviewed by the Planning and Zoning Commission on February 23`d. Some public testimony was given with respect to concern about possible noise, increased traffic, and potential for unwanted behavior. Motion passed unanimously and will go before Council on March 16`h. The new bucket truck arrived and staff went through training arranged by shop personnel. _ Monthly Report- For March 16, 2005 Keith Kornelis, Public Works Manager New Well House 4: 1 am still working through the DNR bureaucracy to purchase the land for the well. should have the appraisal on the 10-acre parcel (that we subdivided out of the 86-acres) next week. After DNR reviews the appraisal, we should finally be ready to purchase this land. Nelson is working on the design of the well house and the transmission water main from the well to Lawton. We are still evaluating the two water treatment companies that gave us proposals after running their pilot plants on our water. Lawton Water Main Extension to WH 4: Nelson has completed the preliminary drawings. We are working with ADEC to get their approval. We are also working with the Corps to get a Nationwide Wetland Permit since most of the water main will be going through wetlands. We hope to bid this project before summer. Kenai Erosion Control and Coastal Trail: The city has not received the draft report from the Corps, which is scheduled for completion in March 2005. Mayor Pat Porter is in Washington, DC talking to our representatives about this project. The city is asking the federal government for FY 2008 funds of $9,800,000, which is 70% of the costs, for final design and construction. I have sent in a grant application to Stevens, Murkowski, and Young for this amount. We have requested the other 30% from the state. State Legislative Grant — Joint Municipal Water & Sewer System Analysis: Last summer we received notification that we have this $50,000 grant. Soldotna applied for $1,000,000, and we each ended up with $50,000. 1 would like to write the scope of work as, "Update and improve the City of Kenai Water System Study with consideration for a joint water system with neighboring areas." The money would be used to update Wm. J. Nelson & Associates Water System Study dated March 28, 1994. 1 think that the Soldotna and Kenai City Councils are going to discuss this. ADF&G and USFWS Grant: I have applied for two rants for culvert repair pp g rt pair and replacement. One is for improvements to the culverts on S. Spruce and the other is to replace the culvert on Boat Launch Road. They are high on the priority list but may require some city match. Wetlands Protection — S. Spruce Project: We only have some sign work to do on this project which is funded with a $12,000 U.S. Fish & Wildlife matching grant. The project is to protect the wetlands next to S. Spruce and to encourage people to use the trail and stay off the wetlands. USFWS is willing to give us additional money to purchase signs for this project. Boating Facility Launch Ramp and Exit Road Project: We have received the $350,000 grant from the state for adding two new launch ramps. Nelson is working on the design. We do not have sufficient grant funds to construct the exit road. Dip Net Fishery: The Harbor Commission reviewed and revised their recommendations: Ban all fires from a line from South Spruce Street extending north and that fires be kept 25 feet from any vegetation south of South Spruce Street. Provide three concrete outhouses but make the one at the end of S Spruce the first priority. Continue. paid parking like last year and do not use a punch card or seasonal pass for parking. Title 17 — Public Utilities and Enterprises: 1 made the changes to Title 17 and the water and sewer regulations that the council requested at the work session on March 2 at 6 pm. This has been a very time- consuming project but represents a great improvement to the KMC. Ordinance No. 2078-2005 is up for introduction March 16, which repeals the old and replaces it with a whole new Tile 17 and regulations. DEC Alaska Clean Water Fund (ACWF): I have received the questionnaire for this loan fund program. This program is for sewer and wastewater treatment plant improvement projects. It has an extremely low interest rate. I don't think we need to do this, but we should consider the Alaska Drinking Water Fund when we receive that questionnaire. New Bucket Truck: We have received the new bucket truck, and our operators have been trained. Little League Parking. Our crews are going to work with parks to enlarge the parking off S. Spruce. CITY OF KENAI 01 41ca" It � 210 FIOALCsO AVE., SUITE 200 KENAI, ALASKA 99611 7794 TELEPHONE 907.283-7535 FAX 807-283.9014 MEMORANDUM TO: Linda Snow, City Manager FROM: Jack La Shot, Public Works Managerq.� DATE: March 10, 2005 SUBJECT: Department Report for Council meeting of March 16, 2005 ■ A current Public Works bid information sheet is attached and will be included as an information item for Council. As a note, the new taxiway project will be out for bid March 21 with a bid date of April 20. This project should generate considerable interest from contractors having an estimated construction cost of $2-3 million. ■ Christy Miller, State of Alaska National Flood Insurance Program Coordinator, will attend this City Council meeting to talk about the FEMA program. Information from her about the program will be in the packet. ■ I will not be attending the meeting as I will be on vacation. CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283-7666 • (907) 283-8171 fax e-mail: kfdept@ci.kenai.ak.us March 9, 2005 TO: Linda Snow, City Manager From: Scott Walden, Fire Chief * P Subject: February 10 — March 9, 2005 Department Report may. h of PREVENTION Type of Response This Period This Period last r 2005 to date 2004 to date Difference `04 -- 105 Percent increase for Year Fire 15 9 41 25 +16 EMS 67 85 194 197 -3 Other 18 8 55 32 +23 TOTAL 100 102 290 254 +36 "Other" includes investigations, pudic assists, mutual am, searcwrescue, nazmai, warms, tu%r r. In cooperation with building official's office, Fire Marshal Baisden reviewed and revised building and life safety codes for future adoption by the City. Continued participation in oversight of EOC upgrade project with Kenai Police, Public Works and Building Maintenance. Met with KCHS Leadership students regarding graduation at KCHS and offered assistance in training to teach them how to use an incident management team (incident command) to better coordinate efforts and to relieve the school administration of some burden for that evening. Initiated a work experience program with a high .school student with Downs Syndrome. He will be accompanied by his caregiver once per week for one hour. Ongoing participation in Associate and Bachelor degree program development through University of Alaska @Fairbanks. This groupwill establish the parameters for fire science and fire administration programs for the next five years. Assisted Kenai Police in preparation of parts of the security plan for the 2006 AWG. Participated in hearings on SB24, Retire/Rehire. Evaluated and revised the E911 plot map for the City. Revised and submitted Annual Operating Agreement with State Forestry. Attended the Kenai Muni Airport and FAA training on runway incursions. IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT IN KENAI KRISTINE A. SCHMIDT, ) Appellant, ) VS. ) CAROL L . FREAS , CITY CLERK ) and the CITY OF KENAI, ) } Appellees. ) } Case No. 3KN-03-636 CI ORDER DENYING RECONSIDERATION ON THE ISSUE OF ATTORNEY FEES Appellant seeks reconsideration of the court's order awarding Appellees attorney fees of $210. The court's reason for the award of nominal attorney fees was Appellant's single minded persistence of an issue on appeal that had long been mooted by action of Kenai City Council and the court in 3KN-03-503 CI, even if it was the proper subject of a referendum under the City' s charter or state law. This litigation, Appellant's protestations notwithstanding, did not meet Public Interest Criteria. Basically, the referendum petition sought a referendum on whether the city should enter into a contract for the P operation of the Kenai Recreation Center with the Boys and Girls Club of America. It was not a referendum on whether public service contracts should be put out to bid. This was not a case designed to effectuate strong public policies and the court has no idea who, if anybody, would have benefited from the bringing of this appeal. Reconsideration is Denied. Dated at Kenai, Alaska this day of March, 2005. HAROLD M. BROWN Superior Court Judge CERTIFICATE OF DISTRIBUTION I certify that a copy of the foregoing was mailed to the fol�.owing at their addresses of record: ` Date: 63 Clerk: Pry a� Order Denying Reconsideration on the Issue of Attorney Fees Schmidt v Freas, 3KN-03-636 CI Page 2 of 2 L WI V1111a WIN1 a fast, (/I Y With ' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.ci.kenai.ak.us the c#of KENALALASKA u March 3, 2005 Representative Mike Chenault State of Alaska Capitol Building, Room 505 Juneau, AK 99801-1182 Dear Representative Chenault: I am writing you to express the City's concerns regarding part of HB 184. As you know, the bill would prohibit a municipality from enacting or enforcing an ordinance that regulates the possession, sale, transfer, use or transportation of firearms in a manner that is inconsistent with state law. Our concern is with the part of the bill prohibiting the city from regulating the use of firearms in a manner inconsistent with state law. Here's why. For public safety reasons, Kenai prohibits the discharge of firearms in certain areas of the city and allows it in other areas. KMC 13.15.010. Shooting firearms is prohibited in areas around subdivisions and businesses and allowed in the sparsely populated areas. I have included a map indicating the shooting/non-shooting areas. Our concern is that HB 184 could be interpreted to overrule the city's ban on discharge (i.e. use) of firearms in certain areas of the city. The Council feels that the city's ordinance is both reasonable and important for public safety in Kenai. The city requests that you consider changing the language in HB 184 or inserting language in the legislative history of the bill making it clear that it is not intended to keep cities from prohibiting discharge of firearms within their boundaries. Thank you in advance for your time in considering our concerns with part of HB 184. Please feel free to contact us regarding this issue. Sind ry R. Graves City Attorney Cc: Linda L. Snow, City Manager Kenai City Council a t � FCC s �1. � e>• 1 �2. a� • � ..Iraq .. ,i oil s ■wa■ • t - 1. t ■ / as • + ' ' s ■ ■ 71 ■ . 111m • Al - w,--•-- - - _•.__ 'men I ad ;tl F, A"O MENEM �. 11,f1rirl II, 1` a111".,�••+'� tl �■ammal •0' i, 4 n ft WIN m r 1 11 • = f1t fi It all.•-.-_t...� ii� ■ a l 1 i A fit li - Z/,a tt mail; NEW r ja_ � � 1, � .. � •• \��� � ..... . A4N t• t� - ;a��. � ._'emu' � ��� c r �i� � � �..... � ��iL�'j� � � _ r' `.• `, ��� �; • ,�- Ida �f e t ..IN �:� �ttlutlj�lll111111111lI�Ut>llti:l{p,�-•'�t��N=s�►��ee���....�-..... �_ �.. � ONX ��11 Irr Feu 1r�s1t!�Ei` t111111 � a IAu ■m IIu111- �ti►,;,: mm-'-••It'• n11II1mn1/ 111Y11111q :./ s g111flraiNll IIr wll itq �11 fly t>I if tINi1111 IIN�t11r'tfrtt INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 16, 2005 City of Kenai Bid Information, 2005. 2. 2/05 Kenai Multipurpose Facility Activity Report. 3. Department of Natural Resources Notice of Preliminary Finding & Decision, Tideland and Upland Easement Applications, Kodiak -Kenai Cable Company. 4. 3/ 15/05 Kenai Peninsula Borough Assembly Meeting Agenda. 5. Public Notice/Boat Launch Creek, New Road and Culvert Installation. O O N O Lo CD O 4) � M � N M _� EO C 0. ._ O i� . tt & . N O. o O= C� C) m r co n N a. H d• O �- OIMMEND O O O V� 0O r- +r V L N _ CS U) N 4) 'p v � �rn 0 cn L a. W c W t0 v 5 W -0 C � caV v Q 0 CL i•+ L. L 1 1 1 L (j V) O (� O U O � .a� cv v c c U c C a cu W O 00 c � o � ,a N N N Q - M r- C '= O d' O O I--. O 4) O 00 0�0 N M O ._CL co Q N Q. N Q. O O N C. m 0 M N t` N m T- T- d' N CO Q � E �t Q L` Q CL m M N Z ` Q (` N ` Q ti co Z N d' O O O O (o >_ C cn 'C CL ° •� CL 0 0 Q ° a Q V CU 0 Q V Q c a E '� a..� co tr- 'p .0 Q t0 .V �_, N a. co •V 3 .0 c 0 4-- U O •x c U) a) E c� c- O ��� ccac �" }, v O ° cn cv c Q c '° cn .� 'cv : CL W a. •cv •� �Ca ° •cv cu W •ca CU N N Q. can V- N N 4) co N 0 c 0 ca x a. Y U) U) Q W co �C a. W Tom• 1 IA4 -a KENAI MULTI -PURPOSE FACILITY ACTIVITY REPORT February 2005 ACTIVITY THIS MONTH THIS MONTH LAST YEAR Customer Type: (hrs.) KPHA 61.00 65.00 KCHS 1.25 4.00 Homer H.S. 4 0 North Pen. Rec. 1.00 0 Adult League 5.00 8.50 Nikiski H.S. 0 0 Homer Hockey Assoc. 10.25 13.75 Soldotna H.S. 0 0 Skyview H.S. 0 1.50 Total Hrs: 82.50 91.25 Revenue: Ice Rental $89268.75 $99625.88 Public Skate 58.25 88.05 Dasher Ads 0 0 Expenses: Ice Maint. 99900.00 99946.56 Electric 39781.24 39965.26 Gas 423.80 359.39 Water and Sewer 195.98 141.57 Sanitation 64.00 73.32 Total Revenue: 810327.00 91,713.93 Total Expenses: 149365.02 14,486.10 h DEPARTiMENT OF NATURAL RESOURCES VZS/ON OF MINING. L.-4 ND AND WA %=- , OUT HCE NT17AL � 0/0/V LAND March 3). -'005 RE: -ADL 8146-Tideland Easement Application . ADL ' 91? - Li Aland Easement Application odiak-Kenai Cable Company W. ; ,, H AVE-- SUITEE 900C -�iJCHORAGE, ALASKA 99501-3577 t . - zuw 1'T" KENA'I 10M!M1S7 4T'r OTICE OF PRELIMINARY FINDING C"'Z DECISION in accorciance with AS 8.05.945. the Alaska Department of Natural Resources. Division of -lining. Land and Water. throu(2h its Southcentral Region Office. proposes to issue two private. non-exclusive. , 7 -year term easements identified as ADL 8146 and ADL " ' 9? 7; , to Kodiak- enai Cable Companv for the installation and maintenance of a fiber optic cable from Anchorage Lo Kodiak. "I'ou are invited to re,\,riew and comment on these actions. Enclosed is a copv of the _ Public Notice. %vith further details of the proposal and instructions on how to comment. Please `.uomit your comments in tivriting, it anv, to this office within the comment period listed on the :Inclosed Public Notice. if no adverse comments or requests for consultation are received, the Division of Mining, Land and Water will proceed with the issuance of the easements proposed on the subs ect State lands. Richard B. Thompson. Southcentral R62ional Manager Date i'Develop, Conserve and Enhance Natural Resources for Present and Future Alaskans" vTATE -IF ALASKA 7epartment of Natural Resources ivision of Mining, Land and Water -Southcentrai Region Land Office *550 W. ith Ave., Suite 900C Ancnorage, AK 99501-3577 PUBLIC NOTICE UNDER AS 38.05.945 Tideland Easement: ADL 228146 ',upland Easement: ADL 229275 Subject to AS 38.05.850, the Southcentral Region, Division of Mining, Land and Water proposes to issue two private non-exclusive easements to the Kodiak -Kenai Cable Company to install a fiber optic cable from Anchorage to Kodiak. During Phase 1, a fiber optic cable would e installed along the following (4) submarine routes: (1) Narrow Cape, Kodiak Island to Mill Bav, Kodiak Island; (2) Monashka Bav, Kodiak Island to Homer; (3) Homer to Kenai; and (4) -Kenai to Anchorage. An upland easement would continue along Burton Blvd. from Barry Lagoon near Narrow Cape on Kodiak Islana. The cable would either terminate at a 10'X24' communications but at the intersection of Pasagshak Road and Burton Blvd. or continue north aiong Pasagshak Road through existing conduit ending at the Kodiak Launch Facility. During Phase 2. a fiber optic cable would be installed from the City of Seward extending south through Resurrection Bay along the northeastern side of the Kenai Peninsula terminating in Mill Bay on Kodiak Island. The public is invited to comment on the proposed easements. Copies of the Preliminary Finding and Decision are available from the Division of Mining, Land and Water, Southcentral Region Land Office at the above address. Written comments may be submitted to the Division at the above address, or faxed to (907) 269-8913, or e-maiied to Adam_Smith@dnr.state.ak.us. Written comments must be received on or before 5:001PM, April 7, 2005. f public comments result in significant changes to the Preliminary Finding and Decision, additional public notice will be given. if there are no significant changes, the Final Decision will be issued without further notice. The Final Decision will be available at the above address on or about Agrii 13, 2005 and will be subject to appeal within 20 days under 11 AAC 02. To be eligible to appeal, a person must provide written comments during the comment period. Any questions concerning this proposal, or the appeal process should be directed to Adam Smith at (907) 269-8562. The State of Alaska, Department of Natural Resources, complies with Title Ii of the American with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services and/or special modifications to comment should contact Adam Smith via TTD (907) 269-8411. The Division of Mining, Land and Water, Southcentral Region Land Office reserves the right to waive technical defects in the publication. /s/ Richard B. Thompson, Manager, Southcentral Region Land Office Publication Date: Anchorage Daily News: March 9. 2005 Peninsula Clarion: March 9, 2005 Kodiak Mirror: March 9, 2005 Kodiak Kenai Cable Project Permit Application November 10, 2004 • ;a oar -III I:' 10 • S4R'W ,��'� .ti ��{?�W r 9% L6V •... nL�ti'11 �� t '�0 rY � i - Figure 1 - Proposed Kodiak Kenai Cable Route KODIAK KENAI CABLE COMPANY, LLC 4 1007 West Third Avenue, Suite 201, Anchorage, Alaska 99501 Kenai Peninsula Borough Assembl Ali°'� March 15, 2005 - 7:00 p.m. Gary Superman ,4ssembly President Seat 3 - Nikiski Term Expires 2007 Ron Long Assembly Vice President Seat 6 - East Peninsula Term Expires 2006 Dan Chay .4ssembly Member Seat I - Kal ifornsky Term Expires 2006 Paul Fischer Assembly Member Seat 7 - Central Term Expires 2007 sFlick i`bly Member - Kenai Term Expires 2005 :Milli Martin Assembly Member Seat 9 - South Peninsula Term Expires 2006 Grace Merkes Assembly Member Seat 5 - Sterling/Funny River Term Expires 2005 Chris Moss Assembly Member Seat 8 - Homer Term Expires 2005 Pete Sprague Assembly Member Seat 4 - Soldotna Term Expires 2007 Regular Meeting Borough Assembly Chambers, Soldotna, Alaska A. CALL TO ORDER Be PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS F. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. G. APPROVAL OF MINUTES * 1. March 1, 2005 Regular Meeting Minutes ................... I H. COMMENDING RESOLUTIONS AND PROCLAMATIONS I. PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) 1. Arctic Winter Games Quarterly Report, Chris Hayes J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) K. REPORTS OF COMMISSIONS AND COUNCILS March 15, 2005 Page 1 of 6 A L. MAYOR'S REPORT ................................................... 18 1. Agreement and Contracts a. Approval of sole source contract with Mackey Lake Welding for Baler Rebuild/Reline at Central Peninsula Landfill ................. 19 b. Approval of bid award and contract with Alaska Oil Sales for Fuel Supply and Delivery at Central Peninsula Landfill ................. 20 2. Other a. Memo from Gary Davis, Roads Director regarding the Kenai Spur Extension Project ........................................... 22 M. ITEMS NOT COMPLETED FROM PRIOR AGENDA N. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2004-19-39: Transferring $53,871.48 to the Road Service Area Henry Creek Bridge Capital Improvement Project from Completed Capital Improvement Projects and Awarding the Henry Creek Bridge Project to Covey Enterprises (Mayor) (Referred to Finance Committee) .............. 24 2. Ordinance 2005-05: Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a Proposition Authorizing the Borough to Impose this Tax (Glick) (Second of Four Hearings) (Referred to Policies and Procedures Committee) ........... 29 O. UNFINISHED BUSINESS P. NEW BUSINESS 1. Bid Awards *a. Resolution 2005-019: Authorizing Award of a Contract for the Central Peninsula General Hospital, Phase 2, Expansion and Renovation (Mayor) (Referred to Finance Committee) .............. 44 2. Resolutions *a. Resolution 2005-020: Accepting Rescue Equipment from' the Southern Region Emergency Medical Services Council, Inc., on Behalf of Kachemak Emergency Services (Mayor) (Referred to Finance Committee) .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 March 15, 2005 Page 2 of 6 *b. Resolution 2005-021: Urging the Alaska Department of Transportation to Take Immediate Action to Address the Dangerous Conditions Relating to Milepost 166 - 169 of the Sterling Highway (Moss) (Referred to Legislative Committee) ...................... 52 *c. Resolution 2005-022: Requesting That If the Capital Is Moved the State Consider Moving the Capital to the Kenai Peninsula Borough (Fischer) (Referred to Legislative Committee) .................... 54 *d. Resolution 2005-023: Authorizing the Acceptance of Late -Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee) ........... 59 *e. Resolution 2005-024: Supporting HB 19 and Alaskan's Right to Know About Pesticide Use in Public Places (Chay) (Referred to Legislative Committee) ...................................... 85 *f. Resolution 2005-025: Requesting the Mayor Spend up to $6,000 to Hire an Independent Consultant to Perform a Functional, Social, and Economic Audit of Carts, CEDD, EDD, and General Services Print/Mail (Chay) (Referred to Finance Committee) ................ 91 3. Ordinances *a. Ordinance 2004-19-43: Accepting and Appropriating a Grant from the U. S. Department of Homeland Security in the Amount of $51,818 for Firefighting Equipment for Kachemak Emergency Services and Appropriating $5,757 for the Local Match (Mayor) (Hearing on 04/19/05) (Referred to Finance Committee) ............ 92 *b. Ordinance 2005-09: Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including Reducing the Senior Citizen/Disabled Veterans Property Tax Exemption to the First $200,000 in Value of Real Property Otherwise Eligible for the Exemption, Increasing the Borough Sales Tax Rate to 2.5 Percent, Amending KPB 5.18 to Provide that Taxes on Recreational Package Sales Shall be Calculated on a Per -Person Per -Day Basis, Imposing a Cap on the Amount of Funds Held in the Land Trust Fund (Mayor) (Hearings on 04/19/05, 05/03/05 & 05/17/05) (Referred to Finance Committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 March 15, 2005 Page 3 of 6 *c. Ordinance 2005-10: Confirming the Assessment Roll for the Tustumena Terrace Utility Special Assessment District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Hearing on 04/19/05) (Referred to Finance Committee) ............................. 103 *d. Ordinance 2005-11: Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District of the Kenai Peninsula Borough (Martin) (Hearings on 04/19/05 & 05/03/05) (Referred to Lands Committee) ....................... 116 *e. Ordinance 2005-12: Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service Providers (Chay) (Hearings on 04/05/05 & 04/19/05) (Referred to Policies and Procedures Committee) ..................................... 142 *f. Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Hearings on 04/05/05 & 04/19/05) (Referred to Lands Committee) ..................... 144 *g. Ordinance 2005-14: Amending KPB 5.12.115, Adjusting the Real Property Tax Exemption for Residential Real Property From $20,000 to $10,000 (Chay) (Hearings on 04/05/05 & 04/19/05) (Referred to Policies and Procedures Committee) ........................... 148 *h. Ordinance 2005-15: Amending KPB 5.18.430 to Delete Subparagraph B, Which Provides that Service Provided on Account are Taxed on a Maximum of $500 for Each Billing Per Account (Chay) (Hearings on 04/05/05 & 04/19/05) (Referred to Finance Committee)..............................................150 *i. Ordinance 2005-16: Amending KPB 5.18.210 Removing the Sales Tax Exemption for Raw Materials Sales to Licensed Building Contractors (Chay) (Hearings on 04/05/05 & 04/19/05) (Referred to Policies and Procedures Committee) ........................... 152 4. Omer *a. Petition to vacate a portion of Silver Salmon Drive, dedicated by Moose River Estates Subdivision (Plat KN 74-98); within Sections 13, Township 5, North, Range 9 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough. KPB File 2004-237 (Note: 10' additional Right -of -Way Proposed to be granted if vacation is approved) (Referred to Lands Committee) ...................... 154 March 15, 2005 Page 4 of 6 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduled February 28, 2005 meeting.] Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) R. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS April 5, 2005 07:00 PM Regular Assembly Meeting Soldotna S. ASSEMBLY COMMENTS T• PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Ordinance 2004-19-40: Authorizing the South Peninsula Hospital to Redirect $115,000 Previously Appropriated for a Hematology Analyzer to the Purchase of Surgical Equipment and Instruments (Mayor) (Hearing on 04/05/05) (Referred to Finance Committee) 2. Ordinance 2004-19-41: Appropriating Funds to Enhance Ice -Making at the Jason Peterson Memorial Ice Rink (Mayor) (Hearing on 04/05/05) (Referred to Finance Committee) 3. Ordinance 2004-19-42: Appropriating Funds for the Road Service Area Bruno Bridge Capital Improvement Project (Mayor) (Hearing on 04/05/05) (Referred to Finance Committee) 4. Ordinance 2005-04: Enacting KPB 5.08.025 Establishing Guidelines for Service Areas to Borrow Money from the General Fund for Capital Acquisitions (Martin) (Final Hearing Postponed to 04/05/05) (Referred to Policies and Procedures Committee) 5. Ordinance 2005-05: Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a Proposition Authorizing the Borough to Impose this Tax (Glick) (Hearings on 03/28/05 in Homer & 04/05/05) (Referred to Policies and Procedures Committee) 6. Ordinance 2005-07: Amending KPB 5.12.105(A) to Limit the Property Tax Exemption for Senior Citizens, Disabled Veterans, and Surviving Spouses Thereofto $300,000 in Assessed Value (Sprague) (Hearings -en 04/05/05 and 04/19/05) (Referred to Policies and Procedures Committee) March 15, 2005 Page 5 of 6 7. Ordinance 2005-08: Amending KPB 2.52 to Clarify Procedures Regarding the Records Management System (Superman at the Request of the Borough Clerk) (Hearing on 04/05/05) (Referred to Policies and Procedures Committee) 8. Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Referred to Finance Committee) (Tabled on 03/01/05) U. INFORMATIONAL MATERIALS AND REPORTS V. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on April 5, 2005, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K201AO-FM 88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 4 78-4441, Ext. 2160. Visit our website at www. borough.kenal. ak . us for copies of the agenda, meeting summaries, ordinances and resolutions. March 15, 2005 Page 6 of 6 MAR-09-05 WED 10:51 AM OPMP/ACMP FAX H0, 90 (Z6HU81 " Public Notice AIaska Coastal Management Program Dated March 9, 2005 ILI ?I a J 3P �1 ALASKA COASTAL MANAGEMENT PROGRAM Boat Launch Creek, New Road and Culvert Installation Your Opportunity to Comment Project Title/State ID#: Boat Launch Creek/Jones/New Road and Culver .irtstalltion/ AK 0503-08AA, Applicant/Agent: Douglas Jones/ Gina Joyce McLanc Consulting Location: The location is Township 5 North, Range 1 I fives Section 3. Seward g t' Meridian. Review Schedule s:da(.SO Y� • Day I................................................3/9/05 • Comments due on or before...........4/7/05 • Final dctermination issued by .........4/27/05 How you can Participate: This project is being reviewed for consistent with the Alaska Co Y � Coastal Management Program. Your coYrunents on the proposed proj ect's consistency must be submitted in writing to the Office of project Management acid Permitting (OpMp). Comments aborst inconsistency must identrfy the relevant enforceable policy and explain how the.! P ro 'ert is not consistent with t/rat - poluy. Deadline for written comments: 5:00 PM. on April 7. 2005 NOMW ------ OEM - Contact: Amanda Tuttle, Project Review Coordinator Alaska Coastal Management Program, OPMP 550 'W. 7" Ave, Suite 166% Anchorage, AK 995 _ g � 01 'hone: 907 269 7475 Fax. 907.269-3981 ,Email: Amanda TutticAdnr.state.ak.us Web site: htt?)://Www-alaskacoast.state.ak.us/ Project Description: Except for the water quality icsues addressed throw h the DEC 401 C,e�rtifieation r g process, the project subject to this consistency rev1ew is to construct a 3,800 linear foot by 26 foot Wide road at the intcrsmtion of I.,awton Drive and Swires Road and proceed south and then east adjacent to the Kenai Golf Course. The construction of the new road Involves crossing two wetlands, includin Boat Launch Creek. Creek. There will be a discharge of 4,914 cubic yards of gravel and other fill into 1.09 acres of Wetlands for the construction of a 3,800 foot gravel The 0Se road. ptup of the project i s to provide access to a currently inaccessible property to facilitate residential subdivision development. For your information: Individuals with disabilitics who may need ,- or auxiliary ids services �Y a special modifications to participate in this review may contact the OPM' review staff at the above address. Public notice posted in Kenai, ,Alaska at the post office city hall, the boTou gh office and on the AC:MP web site. '1 RECEIJ",WIL MR-9"�Uub F i 4 e r d� � FRANK If. MURROWSKI, GOVEDuOR DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROJECT MANAGEMENT &PERMITTING ALASSA COASTAL M�1 NAGEMENT PROGRAM • JUtTfHCENTRAy REGIONAL OFFICE ❑ CENTRAL OFFICE 550 W. 7*" AVENUE. SU1TE 1660 � PIPELINE COORDINATOR'S OFFICE ATiCHORAGE, ALASKA 99501 P.O. BOX 110030 411 WEST 4TH AVEIVUE, SUITE 2C PH: (9U� 269.7470 / FAX: (907) 269-3981 �N�U, �� �811-0030 ANCHORAGE, gLpSKq 99501-2343 PH: (90%) 465-3562 /FAX: (907) 465.3075 PH: i�XYn 257-1351 / FA.Xr (907) 272-3829. March 9, 2005 Kenai City Mall Fax 283-3014 Dear City Clerk: SU3JECT; Boat Launch Crcek/Junes/New R • oad and Culvert Installation State I.D. No. AK 0503-08AA Request to Post Public Notice The Office of Project Management & Pet" itting (OPMT) appreciates your willingness to post the attached public notice for public review. If it is not possible for your facilityto fulfill this his request, please contact me at 2 -74crnai1 .me at ainanda ruttlLa)dnr.(907) 9 6 7 S or estate.ak.us so I can make alternative regulatory obligation. arrangements to meet our Please keep the public notice posted until the • P deadline for public comments, as indicated e on the attached public notice, or until notified by OPNiP. Thank you for your valuable help. P Sincerely, IGG�i� Amanda Tuttle Project Review Coordinator Enc: Public Notice S Adgc;\a-files\ AGENDA ENAI CITY COUNCIL — REGULAR MEETING MARCH 16, 2005 the di ,oj KENAI CITY COUNCIL CHAMBERS KENNAUISU http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Christy Miller -- FEMA/National Flood Insurance Program ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly Y2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re -subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision Excluding Evergreen Subdivision Kim Addition From Rural Residential (RR) to Recreation (R). 2. Ordinance No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General Fund for a Grant for One (1) Traffic Safety Speed/Message Trailer. 3. Resolution No. 2005-07 -- Authorizing Application for Funding Assistance for an Outdoor Recreation Project, Kenai Soccer Park, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. ITEM H: OLD BUSINESS 1. Approval -- Kenai City Council Student Representative Policy ITEM I: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $2,500 3. Ordinance No. 2078-2005 -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." 4. *Ordinance No. 2085-2005 -- Clarifying KMC 22.05.080(a) and Amending It by Adding Language to Allow the City to Lease, Devote or Grant Real Property to Qualified IRS Section 501(c)(3) Non -Profit Corporations Without Public Sale at an Agreed -Upon Consideration. 5. *Ordinance No. 2086-2005 -- Declaring Parcel #049-130-14 KN0001422 T05N R11 W S01 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is Needed for a Public Purpose. 6. Approval -- Request for Termination of Lease/Cliff R. Everts d/b/a Everts Air Fuel, Inc. -- Lot 5, F.B.O. Subdivision No. 8. 7. Approval -- Renewal of Shore Fishery Lease/Randy Canady -- Tracts 5 & 6, Shore Fishery Plat No. 71 EXECUTIVE SESSION -- None Scheduled. ITEM P: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D199/211 MAKE 28 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: ,Mayor/Council Attorney Tn for/5 rin er/Kebschull op Clerk e City Manager Public Works Police Department ♦ Finance 0P Engineer001 Senior Center ,i Airport Kim Library 0' Parks & Recreation Clarion Fire Department Schmidt I' Mellish owl VISTA Olson (Mail) KSRM � Governor's Office/5. Davis AGENDA DISTRIBUTION Sewer Treatment Plant Streets Sop Dock Buildin Maintenance Animal Control Water/Sewer Counter DELIVER Council Packets to Police Department Dispatch desk. The Clarion, Davis, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. Mail Representative Olson's to State Capitol, Room 110, Juneau (mailing labels in Dyno Label list). The portion of the agenda published by the Clarion should be emailed as soon as possible after Noon on packet day. The camera- ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or lbell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place them onto the city's website with Dreamweaver from there as soon as possible before leaving the office for the weekend.