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Home My WebLink About2008-04-02 Council PacketAGENDA KENAI CITY COUNCIL -REGULAR MEETING APRIL 2, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS Mtp~.l(www. ci. Kenai. ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Lincoln Wensley -- Caring for the Kenai Project/Saving the Dunes ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 1Q 2008 and the ordinance was [hen postponed. The moton [o adopt is active.) 2. Ordinance No. 2289-2008 -- Increasing Estimated Revenues and Appropriations by $22,060 in the General Fund for a Library Grant. 3. Ordinance No. 2290-2008 -- Amending KMC 9.10.010 to Require Garbage Placed Outdoors in Designated "Bear Problem Areas" to be Kept in Garbage Containers Designated as Bear Resistant by the City of Kenai. 4. Ordinance No. 2291-2008 -- Amending KMC 7.32.030 Entitled, "Transfers to General Fund," Such That Any Amount Transferred is Designated for Senior Citizen Programs. 5. Ordinance No. 2292.2008 -- Increasing Estimated Revenues and Appropriations by $9,000 in the General Fund Police Department for Alaska Highway Safety Office Program Participation. 6. Ordinance No. 2294-2008 -- Increasing Estimated Revenues and Appropriations by $31,500 in the Congregate Housing Enterprise Fund for Transfer to the General Fund Per KMC 7.32.030. 7. Ordinance No. 2295.2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the General Fund Shop Department for Operating Supplies. 8. Ordinance No. 2296-2008 -- Increasing Estimated Revenues and Appropriations by $110,000 in the General Fund and the Airport Fund for Repairs and Maintenance at the Fire Training Center. 9. Ordinance No. 2297-2008 -- Amending KMC 1.85 (Financial Disclosure and Conflict of Interest) by Removing the Kenai City Clerk and City Attorney From the List of "Municipal Officers" in KMC 1.85.070(b) Required Co Report Under the City of Kenai Financial Disclosure and Conflict of Interest Rules. 10. R^ olution Nc. 2008-20 -- Appro. ng Ch^ngcs the Kenai Public Utility Regulations to Allow Customers to Suspend,Service and to Not Require Billing for Water and Sewer Service While Disconnected or Suspended. 11. Resolution No. 2008-21 -- Repealing Resolution No. 2007-72, Awarding a Sole Source Contract to Procomm Alaska LLC to Equip Radio Communication Upgrades to the Kenai Public Safety Communications Center and Awarding a Sote Source Contract to Motorola Inc. in the Amount Not to Exceed $58,640.Oq to Equip the Kenai Public Safety Communications Center with Radio Communication Upgrades. 12. Resolution No. 2008-22 -- Repealing Resolution No. 2007-73 Awarding a Sole Source Contract to Procomm Alaska LLC to Equip the Kenai Emergency Operations Center With Radio Communications Upgrades and Award a Sole Source Contract to Motorola Inc. in the Amount Not to Exceed $243,000.00 to Equip the Kenai Emergency Operations Center With Radio Communications Upgrades. 13. Liquor License Renewal -- PROTEST/George & Amy Bowen, d/b/a One Stop Liquor. 14. *Liquor License Renewals -- • Alaskalanes, #32091Recreational Site • George's Casino Bar, #204/Beverage Dispensary • Charlotte's #4439/Restaurant/Eating Place -Public Convenience Kenai Landing #4355IBeverage Dispensary -Tourism/Seasonal ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS 1. BIIIs to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2298-2008 -- Increasing Estimated Revenues and Appropriations by $260,000 in the General Fund to Purchase Airport Land in the Area of the Public Safety Building. 4. *Ordinance No. 2299-2008 -- Amending KMC 14.20.200(a)(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure EXECUTIVE SESSION -- None Scheduled ITEM N: 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 httoYlwww.ci.kenai.ak.us. Carol L Freas, City Clerk D975211 APRIL 2, 2008 REGULAR COUNCIL MEETING REQUESTED ADDITIONS/CHANGES TO THE PACKET REpUESTED BY: ADD TO: .ITEM E-9 (page 13), Ordsnance N®. 2297-2008 -- Clerk memorandum/additional information with regard to City Clerk 8v City Attorney annual financial report filings. CITY CLERK SUBSTITUTE: ITEM H-2 (page 65)-- Purchase Orders Exceeding ~ 15,000 (addition of Howard Technology and HDL to the list). FINANCE DEPARTMENT CONSENT AGENDA w 0 t m a~ m a u: 0 z a W W c J v z O v ~wW~ ~ ~ ~ ~ p =m~cncnw~ O ~~ ~WW~ ~- `~ZWw~ Jo O ~ ~ ~ Q Q ~ ~ J °. ° e ,. f -~ u a' ~ ~ ~ J ~ I- W ~ W J ~ (n r OJ ~ ?- m ~ a d '~ Q a ~ ~ cn ~ -i ~ i c n i w ~ w >- ~ ~>-~QQpCnJ =mac~nc~i~w~~ °Cy 0 a ~> v"~ I"' ii O Z h W W c J U Z U ~W W~ J- ~ ~ ~ N a ~ Q ~ 0 m d ~ ~ W ~ ~ D I ~~ ~WW~ r ~SmdC~!)~0~~ 0 a Il. CJ Z I- W w J v z 0 v '~ C7 ~ ~ w W W (~ } J ~ ~ J ~ ~ O S m Q ~ Q -~ d tA W ~ ~' `•~~ W ~ z W W ~ _I _ O Q ~ QOO~~~00 xm~cncnw~~ O ~ Ct W W W C7 } ~ O ~ J t- Q -1 ~ 0 U3 J Q O O ~ ~ J O O x m a cn cn W ~ ~ ~WWC7 } Z p J f ~ J ~ ~ OJ m~c~nc~i>w~~ W ~ ~ W r Q J ~ ~ Q J ~ ~ 0 0 ~ ~ ~ 0 0 m d (n CA W ~ ~ O ~ ~ W ~ W W C~ } o ®J f- Q -~ ~ 0 !/~ J QO m O d ~ cn ~ cn J w O ~ O ~ TESTIMONY SIGN-IN SHEET AGENDA KENAI CITY COUNCIL -REGULAR MEETING APRIL 2, 2008 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 Ca11 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 (10 minutes) Lincoln Wensley -- Caring for the Kenai Project/Saving the Dunes ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120- Square Feet Require a Building Permit ............................................................. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. The motion to adopt is active.) Oxdananee No. 2289-2008 -- Increasing Estimated Revenues and Appropriations by $22,060 in the General Fund for a Library Grant ................. 3. Ordinance No. 2290-2008 -- Amending KMC 9.10.010 to Require Garbage Placed Outdoors in Designated "Bear Problem Areas" to be Kept in Garbage Containers Designated as Bear Resistant by the City of Kenai ........................... 5 4. Ordinance No. 2293-2008 -- Amending KMC 7.32.030 Entitled, "Transfers to General Fund," Such That Any Amount Transferred is Designated for Senior Citizen Programs ............................................................................................ 7 S. Ordinance No. 2292-2008 -- Increasing Estimated Revenues and Appropriations by $9,000 in the General Fund Police Department for Alaska Highway Safety Office Program Participation .................................................... 6. Ordinance No. 2294-2008 -- Increasing Estimated Revenues and Appropriations by $31,500 in the Congregate Housing Enterprise Fund for Transfer to the General Fund Per KMC 7.32.030 .............................................. 10 7. Ordinance No. 2295-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the General Fund Shop Department for Operating Supplies ......................................................................................... 11 8. Ordinance No. 2296-2008 -- Increasing Estimated Revenues and Appropriations by $110,000 in the General Fund and the Airport Fund for Repairs and Maintenance at the Fire Training Center ....................................... 12 9. Ordinance No. 229'7-2008 -- Amending KMC 1.85 (Financial Disclosure and Conflict of Interest) by Removing the Kenai City Clerk and City Attorney From the List of "Municipal Officers" in KMC 1.85.070(b) Required to Report Under the City of Kenai Financial Disclosure and Conflict of Interest Rules .................. 13 10. Resolution No. 2008-20 -- Approving Changes to the Kenai Public Utility Regulations to Allow Customers to Suspend Service and to Not Require Billing for Water and Sewer Service While Disconnected or Suspended ......................... 14 11. Resolution No. 2008-23 -- Repealing Resolution No. 2007-72, Awarding a Sole Source Contract to Procomm Aiaska LLC to Equip Radio Communication Upgrades to the Kenai Public Safety Communications Center and Awarding a Sole Source Contract to Motorola Inc. in the Amount Not to Exceed $58,640.00, to Equip the Kenai Public Safety Communications Center with Radio Communication Upgrades ............................................................................... 17 12. Resolution No. 2008-22 -- Repealing Resolution No. 2007-73 Awarding a Sole Source Contract to Procomm Alaska LLC to Equip the Kenai Emergency Operations Center With Radio Communicafions Upgrades and Award a Sole .Source Contract to Motorola Inc. in the Amount Not to Exceed $243,000.00 to Equip the Kenai Emergency Operations Center With Radio Communications Upgrades ....................................................................................................... 20 13. Liquor License Renewal -- PROTEST/George & Amy Bowen, d/b/a One Stop Liquor ........................................................................................................... 22 14. *Liquor License Renewals -- • Alaskalanes, #3209/Recreational Site • George's Casino Bar, #204/Beverage Dispensary • Charlotte's #4439/Restaurant/Eating Place -Public Convenience • Kenai Landing #4355/Beverage Dispensary -Tourism/Seasonal ............. 23 ITEM F: MINUTES 1. *Regular Meeting of March S, 2008 .................................................................. 27 2. *Regular Meeting of March 19, 2008 ................................................................ 44 ITEM G: UNFIN%SHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified .......................................................................................... 64 2. Approval of Purchase Orders Exceeding $15,000 .............................................. 65 3. *Ordinance No. 2298-2008 -- Increasing Estimated Revenues and Appropriations by $260,000 in the General Fund to Purchase Airport Land in the Area of the Public Safety Building .............................................................. 66 4. *0~3nanea No. 2299-2008 -- Amending KIVIC 14.20.200(a)(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Define One (1) Story Height, and to Increase the Distance From the Adjoining Lot ............................. 67 ITEM I: COMMISSIONICOMMITTEE REPORTS 1. Council on Aging ............................................................................................ 69 2. Airport Commission ........................................................................................ -- ...... 3. Harbor Commissior... ............................................................................... -- 4. Library Commission ....................................................................................... -- S. Parks ~ Recreation Commission ..................................................................... -- 6. Planning 8s Zoning Commission ...................................................................... 73 7. Miscellaneous Commissions and Committees a. Beautification Committee .......................................................:................... 84 b. Alaska Municipal League Report ................................................................ -- c. Mini-Grant Steering Committee .................................................................. -- ITEM J: REPORT OF THE MAYOR ........................................................ -- ITEM K: ADMINYSTRATION REPORTS 1. City Manager ................................................................................................. 89 Y Y ................................................................................................. 2. Cit Attorne 3. City Clerk ...................................................................................................... -- ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PEND%NG LEGYSLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) EXECUTIVE SESSION -- None scheduled. ITEM N: %NFORMATION ITEMS APRIL 2, 2008 Page No. 1. 4/2/2008 Purchase Orders Between $2,500 and $15,000 for council review ............................................................................................................ 9 3 2. 3/24/08 Public Works Department, Project Status Report .................................. 94 3. 2/28/08 KCHS After Prom Committee donation request letter ........................... 95 4. 4/ 1 /08 Kenai Peninsula Borough Assembly Meeting Agenda ............................. 96 APRIL 2, 2008 REGULAR COUNCIL MEETING REQUESTED ADDITIONSOCHANGES TO THE PACKET REQUESTED BY: ADD TO: ,ITEM E-9 (page 13i, Ordinance No. 2297-2008 -- Clerk memorandum/additional information with regard to City Clerk 8r, City Attorney annual financial report filings. CITE' CLERK SUBSTITUTE: ITEM H-2 (page 65)-- Purchase Orders Exceeding $15,000 (addition of Howard Technology and HDL to the list). FINANCE DEPARTMENT CONSENT AGENDA Suggested by: Planning & Zoning Commission CITY ~F KEPfAI ORDINP~PTCE NO. 2287-207 AAT ORDINANCE OF THE COUNCIL OF THE CITY OF FiENAI, ALASKA, AMENDING KMC 14.20.200 (ACCESSORY STRUCTURES) BY 1) ADDING A SECTION RESTRICTING THE USE OR STORAGE OF CONEX-TYPE STRUCTURES IN THE CENTRAL COMMERCIAL AND RESIDENTIAL ZONES AND 2) REQUIRING ACCESSORY STRUCTURES BE BUILT TO MATCH THE PRIMARY BUILDING ON THE LOT AND 3) PROVIDING FOR TEMPORARY USE OF CONEX-TYPE STRUCTURES DURING CONSTRUCTION FROJECTS AND INCORPORATING THE EXISTING REQUIREMENT THAT ACCESSORY STRUCTURES OVER 120-SQUARE FEET REQUIRE A BUILDING PERMIT. WHEREAS, KMC 14.20.200 (Accessory Structures] sets out the rules for accessory structures in the Kenai Zoning Code; and, WHEREAS, .storage or use of conex-type structures for permanent storage in residenfial zones can cause unsightly conditions leading to reduced property values; and, WHEREAS, storage shads not built to match the primary structure can cause also unsightly conditions leading to reduced property values; and WHEREAS, it is in the best interest of the City of Kenai to restrict the use of conex- type structures for storage in the Central Commercial and residential zones; and, WHEREAS, a limited exemption should ba allowed to proc+ide for temporary storage during construction. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.200 is amended by 1) adding subsection (a){6) incorporating the existing requirement that accessory structures over 120-square feet require a building permit and 2) adding subsection (b) as follows. 1. (6) Accessory structures over 120-square feet require a building permit as sat forth in the building code incorporated by reference in KMC 4.32. 1 Ordinance No. 2287-2608 Page 2 of 2 2. (b) Storage ar use of conex-type structures or storage sheds requiring a building permit in the Central Commercial and residential zones is restricted as follows: (1) Under this section "residential zone" means one of the following zones: Rural Residential Zones, Suburban Residential Zones, Urban Residential Zone, or Toum.site Historic Zone. (2) Conex-type structures or storage sheds must be built to the fallowing standards: a. Shall have all wheeled assemblies removed, be placed on non-rot susceptible blocking or foundation, be roofed, and sided or painted to match the primary building on the lot; b. Shall be roofed and, also, be sided or painted within two years of the issuance of a building permit. (3) CVileX-type ~tril CtLireS tuay be i13eCa in the Central COmnierCial a2'Id residential zones for temporary storage during construction projects. A permit is required for this temporary use and is obtained as part of a building permit. A temporaiy conex permit is valid for 90 days with renewal necessary for an additional time period as allowed within the discretion of the Building Official. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of April, 2008. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAVQR Introduced: March S, 2008 Second Reading: March 19, 2008 Third Reading: April 2, 2008 Adopted: April 2, 2008 Effociwe: May 2, 2008 2 ~,\ -~;,b_. tke city o f KEIiA~ SKA "l/i~~a~e wi~~r a ~~st G~~ r~it~i a Fr~~r~r~e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 „ ~~ ~m Telephone: 907-283-75351 FAX: 907-283-3014 f ~ ~ I 1992 MEMO: TO: City Council FROM: Rick Koch DATE: March 27, 2068 SUBJECT: Ordinance No. 2287-2008, Amending KMC 14.20.200 (Accessory Structures) The purpose of this correspondence is to provide the administrations comments to the above referenced ordinance. The effect of (6)(b}(2) in this ordinance wi11 be to have the City perform as a cammwlity arcluteatural committee. Administration does not support requiring conex-Cype slructlu-es or storage sheds to be "roofed, and sided or painted to match the primary building on the Iot."' Mazy existing storage buildings have fiat, shed, gable-end, or other configuration roofs that may not "match" the primary building. This does not necessarily mean the storage buildings are unsightly, or negatively affect the property values of neighboring properties. In the case ofpre-manufactured metal storage buildings, they come with a baked on euarnel finish, that probably does not "match" the primary building. Again, this does not necessarily mean the storage buildings are unsightly, or negatively affect the property values of neighboring properties. Conex-type structures already have a roof assembly that is conshvcted to a standard far exceeding design requirements for roof loading. Administration suggests that these kinds of limitations and restrictions are bast left to individual subdivision covenants. Thank you for your attention. in this matter. 3 Suggested by: Administration CYTY C3F KENAE C?I2DINANCE HO. 22&9-20®8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY ~w22,060 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the City of Kenai received a grant from the Rasmuson Foundation for the purchase of furniture. and shelving at the Library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that esfimated revenues and. appropriations be increased as follows: General Fund Increase Estimated Revenues: Donations $22,060 Increase Appropriations: Library -Small Tools $22,060 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of April, 2008. FAT pORT~.R, Nf AY(}R ATTEST: Carol L. Freas, City Clerk 1 Approved by Finance: _~ (3j6/2008) ml Introduced: March 19, 2008 Adopted: April 2, 2008 Effective: April 2, 2008 4 Suggested by: Council CITY OF KEIV'!!I ®RDIldANCE 1~C. X296-~~®8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI; ALASKA, AMENDING KMC 9.16.010 TO REQUIRE GARBAGE PLACED OUTDOORS IN DESIGNATED "BEAR PROBLEM AREAS" TO BE KEPT TN GARBAGE CONTAINERS DESIGNATED AS BEAR RESISTANT BY THE CITY OF KENAI. WHEREAS, the City of Kenai is experiencing an increasing problem with bears inside the city limits; and, WHEREAS, part of the problem is caused by bears learning to access garbage from non-bear resistant containers; and, WHEREAS, requiring garbage to be kept in bear resistant containers in areas of the town where bears are a consistent problem will reduce the ability of bears to access garbage and acquire the learned behavior of getting food from garbage containers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that AS 9.10.010 is amended as follows: 9.10.®10 Garbage to be deposited in containers. (a) All garbage created, accumulated, or produced shall be deposited in a fully enclosed structure or water-tight garbage containers equipped with tight-fitting lids. Such container shall be one manufactured for the purpose of storing or depositing garbage collection. All premises shall be maintained by the owner or agent free of garbage, rubbish, refuse, debris and filth accumulation. If after ten (lOj days nonce from the City, the owner or agent of a premises fails to correct any of the above conditions, the City may cause it to be done and have cost thereof assessed as a lien against the property. In areas designated by the City Manager as a "Bear Problem Area" the garbage containers must be city approved bear resistant ones. A list of city approved beaz resistant garbage containers basis by the City Manager after consultation with the Alaska Department of Fish and Game. (b) "Bear Problem Area" means an area declared as such by the Citv Manager in a likely to result in encounters or confrontations sufficient to constitute a danger Problem Area" taking effect. 5 Ordinance No. 2290-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA., this second day of April, 2008. PAT PORTER, MAYOR ATTEST: Carol L. F`reas, City Clerk Introduced: March 19, 2008 Adopted: April 2, 2008 Effective: May 2, 2008 6 Suggested by: Councilor Eldridge CITY OF KENAI ORDINANCE NO. 2291-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, AMENDING KMC 7.32.030 ENTITLED, "TRANSFERS TO GENERAL FUND", SUCH THAT ANY AMOUNT TRANSFERRED IS DESIGNATED FOR SENIOR CPPIZEN PROGRAMS. WHEREAS, KMC 7.32.030 provides that when the cash balance of the Congregate Housing Fund exceeds $500,000 the excess is to be transferred to the General Fund; and, WHEREAS, it is in the best interest of tha City of Kenai that funds received from the Congregate Housing Fund per KMC '7.32.030 shall be used for Senior Citizen Programs. NOW, THEREFORE, BE IT ORDAIATED BY THE COUNCIL OF THE. CITY OF KENAI, ALASKA that; KMC 7.32.030 is amended as follows: ?.32.030 Transfer to General Fund If the cash balance, including restricted cash, plus accounts receivable in the Congregate Housing Fund less liabilities exceeds five hundred thousand dollars ($500,000), the excess shall be transferred to the General Fund. Such amounts transferred shall be dedicated for Senior Citizen Programs. If the restricted cash balance falls below five hundred thousand dollars ($500,000), the account will be replenished from the unrestricted cash balance. PASSED RV THE COUNCIL OF THE CITY OF KEN,i, ,L(i°iliA, this second day of April, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance:._~? (03/11/2008) hl March 19, 2008 April 2, 2008 May 2, 200$ 7 Suggested by: Administration CITY OF a£EN1sI ®ainarlArlc~ Ivo. zzgz-zoox AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $9,000 IN THE GENERAL FUND POLICE DEPARTMENT FOR ALASKA HIGHWAY SAFETY OFFICE PROGRAM PARTICIPATION. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, Alaska Highway Safety Office traffic grant requires no local match and allows the department to show traffic presence; and, WHEREAS, actual and estimated AHSO overtime expenditures for traffic safety patrols through June 30; 2008, is $9,000; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these funds for the stated purpose of the grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant $9,000 Increase Appropriations: Police -Overtime $9,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of April, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 19, 2008 Adopted: April 2, 2008 Effective: April 2, 2008 Approved by Finance:_ ._ (03 / 11 /2008) h1 8 MKai t~~lice parCm~nt Memorandum To: Rick Koch, City Manager From: Chuck Kopp, Chief ofPolice s Cc: Larry Semmens, Finance Director Date: 03/04/2008 Re: Request for Ordinance Increasing Revenues in Police Overtime far Alaska I-Iighway Safety Office Traffic Safety Program Participation Kenai Police Department paRicipates in Alaska Highway Safety Office (AHSO) sponsored statewide traffic safety programs to reduce fatalities and injuries on Local roadways. AI-ISO programs allow the department to show a strong traffic presence in spite of a heavy volume of calls and investigations. 1^~0 local match is required. FY68 Actual and Estimated overtime expenditures for traffic safety patrols through June 30, 2008, is $9,352.35. See budgetary summary attached. AHSO reimburses the City an receipt of invoice. Sgt. Sandahl completes the overtone reimburserr~ert vcuchers and fa: ;yards them to Finance whe invoice the State of Alaska for reimbursement to the General Fund. Tc prevent a negative balance in the Folice Overtime account, I am requesting an Ordinance to transfer $9,000.00 in estimated revenues from the General Fnnd to Police Overtime to cover the costs of traffic safety program participation in FY08. 9 Suggested by: Administration C%TX OF Y{ENAi ORDINANCE NO. 2244-2408 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $31,500 IN THE CONGREGATE HOUSING ENTERPRISE FUND FOR TRANSFER TO THE GENERAL FUND PER KMC 7.32.030. WHEREAS, KR4C 7.32.030 requires that cash balances in excess of $500,000 in the Congregate Housing Enterprise Fund be transferred to the General Fund; and, WHEREAS, the cash balance of the Congregate Housing Enterprise Fund net of accounts receivable and accounts payable at June 30, 2007 was $531,500; and, WHEREAS, the current cash balance of the Congregate Housing Enterprise Fund is $546,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Congregate Housing Enterprise Fund Increase Estimated Revenues: Appropriation of Retained Earnings $31,500 Increase Appropriations: Transfer to General Fund $31,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of April, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance:_ (03 J 11 / 2008 hI March 19, 2008 April 2, 2008 April 2, 2008 10 Suggested by: Administration CI'PY OF KENAI olzruvANCE Iv®. zags-a~os AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $35,000 IN THE GENERAL FUND SHOP DEPARTMENT FOR OPERATING SUPPLIES. WHEREAS, foal prices have increased substantially more than anticspated; and, WHEREAS, the Shop Department Operating Supplies budget is not sufficient to cover the estimated cost through the end of FY 2008; and, WHEREAS, funds are available in the General Fund fund balance. NOW, THEREFORE, $E IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $35,000 Increase Appropriations: Shop -Operating Supplies $35,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of April, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance: (03/12/2008) hl March 19, 2008 April 2, 2008 April 2, 2008 11 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2296-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $110,000 IN THE GENERAL FUND AND THE AIRPORT FUND FOR REPAIRS AND MAINTENANCE AT THE FIRE TRAINING CENTER. WHEREAS, repair and. maintenance items at the Fire Training Facility need to be addressed to keep the facility viable; and, WHEREAS, continued deficits in the Airport Fund are depleting fund balance at an unsustainable rate; and, WHEREAS, funds are available in the General Fund fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $110,000 Increase Appropriations: Transfer to Special Revenue Fund $110,000 Airport Fund Increase Es*±mated Revenues: Transfer. from General Fund $:11Ci,00C Increase Appropriations: Training Facility -Repair and Maintenance $110,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of April, 2008. PAT PORTER, MAYOR ATTEST: --_ Carol L. Freas, City Clerk Introduced: March 19, 2008 Adopted: April 2, 2008 ,t Effective: April 2, 2008 Approved by Finance: (03/13J2008) hl 12 Suggested by: Mayor Porter CITY ®F KENt~I ®TBDINANCE NO. 257-2448 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85 (FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST] BY REMOVING THE KENAI CITY CLERK AND CITY ATTORNEY FROM THE LIST OF "MUNICIPAL OFFICERS" IN KMC 1.85.070(b) REQUIRED TO REPORT UNDER THE CITY OF KENAI FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST RULES. WHEREAS,'under Alaska Statute 39.50 (Public Official Financial Disclosure) municipal attorneys and clerks are not included in the definition of "municipal officer" in. AS 39.50.200(8) and, therefore, do not have to file Alaska Public Offices Commission disclosure forms; and, WHEREAS, Kenai Municipal Code 1.85.070(a) includes the City Attorney and City Clerk in the definition of "Municipal Officer" sa that they must file city disclosure farms; and, WHEREAS, the City Attorney and City Clerk are the only City of Kenai elected or appointed officers who do not have to file a state APOC disclosure form but do have to file a city disclosure form; and, WHEREAS, it is in the best interest of the City of Kenai to amend the definition of "Municipal Officer" isi KMC 1.85.070(a) to exclude the City Attorney and City Clerk from the reporting requirements of KMC 1.85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that Kenai Municipal Code 1.85.070fa1 is amended as follows: 1.85.474 Definitions as used in this chapter. (a} "Municipal officer" means the Mayor, City Manager, Members of CouncIl[, CITY ATTORNEY AND CITY CLERK]. PASSED BY THE COUNCIL OF THE CITY OF KEATAI, ALASKA, this second day of April, 200$. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: March 19, 2008 Adopted: April 2, 2608 Effective: May 2, 2608 13 j "V'ffa9e wit~t a Past, Gc wit~i a Fr~tr~re" r~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 --~ Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us tl~e cify of ~EM NUM TO: Mayor/Council Members FROM: Carol L. Freas, C'ty C DATE: April 2, 2008 RE: Ordinance No. 2297-2008 -- Amending KMC 7.85 (Financial Disclosure and Conflict of Interest) by Removing the Kenai City Clerk and City Attorney From the List of "Municipal Officers" in KMC 7.85.090(b) Required to Report Under the city of Kenai Financial Disclosure an,d Conflict of Interest Rules. The City Attorney and I discussed this ordinance this morning and thought a note to you may be helpful in your consideration of Ordinance No. 229'7-2008. Because City Clerks and City Attorneys are not covered under the APOC rules, the foiiocving applies: • Kenai Municipal Code does not require our reporting of the amount of our income(s), only the source(s). • Kenai Municipal Code states our deadline for submission of our annual financial reports as April 15. • Our financial reports are submitted to the City Clerk rather than APOC and are public information. Clf Ca Cary R. Graves, City Attorney Suggested by: City Manager czTY of I~zrIVAI RESOLUTIGN NO. 2008-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING CHANGES TO THE KENAI PUBLIC UTILITY REGULATIONS TO ALLOW CUSTOMERS TO SUSPEND SERVICE AND TO NOT REQUIRE BILLING FOR WATER AND SEWER SERVICE WHILE DISCONNECTED OR SUSPENDED. WHEREAS, I{MC 17.05.070(h) and 17.15.070(gj authorize the City Manager to make regulations for the operation of the city's utility system subject to approval of the Kenai City Council; and, WHEREAS, current water and sewer regulations do not allow for voluntary suspension of service; and, WHEREAS, current water and sewer regulations require a person whose water and sewer se: nice has been suspended far non-payment continue to be balled; and, WHEREAS, the Kenai City Manager has proposed to allow voluntary suspension of water and sewer service subject to a $100.00 shut-off andturn-on fee; and, WHEREAS, the Kenai City Manager has proposed to not continue to bill those customers during the period their water and sewer service is suspended for non- payment; and, WHEREAS, the Kenai City Manager has proposed to adopt a X250.00 penalty for the unauthorized turn-on or turn-off of city water and sewer services; and, WHEREAS, the proposed changes to the Public Utilities Regulation wiii take effect upon approval of the Kenai City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Kenai Public Utility Regulations and Rates are amended as follows: PUBLIC UTILITY REGULATIC3IdS AIdD RtiTES 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: Alxpslicatiori ffor or Change in Bernice: 14 Resolution No. 2005-20 Page 2 of 3 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 Conaections and ~xtenssons: 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 (12j months from the date of issue. If the water and/or sewer line is not installed within twelve (12j months, anew 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, aII connections to existn7g 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 regulatians of the State of Alaska. d. All water turn-ons and turn-offs and the operations of the water valve Located on i a, i..- n:«,- - .-. t t mt, Arm gt-.~tt t,P the sc'rVSCe nne lil l.lle Hey bltx 3itali +)e r+++ aui..,y i..r~y pet ovai++°.i cn.y. nan-City personnel. A fee of twenty-five dollars {25.00) wul be levied on requests for turn-on and turn-off (after initial turn-on and not involvine voluntary suspension of service 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 or for requests to voluntarilysuspend service. 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 he no charge for the initial turn-on during normal working hours for a first or new property owner. e. Ail 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 15 Resoluiion No. 2005-20 Page 3 of 3 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. Yeposits for Servsce: For domestic and commercial customers, a deposit is 'required of fifty dollars ($50.00} for water service and fifty 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, theproperty 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 [NOTj be allowed to suspend water and jor sewer services subject to the fees in Section A.2.d [ONCE WATER AND/OR SEWER SERVICE LINE{Sj ARE CONSTRUCTED AND OPERATING, THE OWNER WILL BE REQUIRED TO CONTINUE TO PAY THE APPROPRIATE MONTHLY RATE.] c. Property owners whose 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-ans. [THE PROPERTY OWNERS ARE RESPONSIBLE TO PAY FOR THEIR EXISTING BILL PLUS ~UATER AND SEWER COSTS AS IF AVAILABLE DURING THE PERIOD THE WATER IS TURNED OFF FOR NON-PAYMENT.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of April, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk 16 Suggested by: Administration CITY OF KENAI RESOLUTION RQ. 2008-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING RESOLUTION 2007-72, AWARDING A SOLE SOURCE CONTRACT TO PROCOMM ALASKA LLC TO EQUIP RADIO COMMUNICATION UPGRADES TO THE KENAI PUBLIC SAFETY COMMUNICATIONS CENTER AND AWARDING A SOLE SOURCE CONTRACT TO MOTOROLA INC. IN THE AMOUNT NOT TO EXCEED $58,640.00, TO EQUIP THE I{ENAI PUBLIC SAFETY COMMUNICATIONS CENTER WITH R.4DI0 COMMUNICATION UPGRADES, WHEREAS, on November 21, 2007, Council passed Resolution No. 2007-72 awarding a sale source contract in the amount not to exceed $58,640.00 to ProComm Alaska LLC for radio communication upgrades to the Kenai Public Safety Communications Center; and, WHEREAS, at the time of contract issuance, Administration noted the contract language indicated funds were to be paid directly to Motorola, Inc. instead of ProCornm Alaska LLC; and, WHEREAS, while ProComm Alaska LLC is Motorola's authorized manufacturer sales representative for Alaska and would be doing the work for this project on behalf of Motorola, it is not an entity that can receive the pre-negotiated discount rates of the Western States Contracting Alliance (WSCA) contract; and, WHEREAS, the WSCA discount rates udll keep this project within the budgetary scope of the original 2007 Homeland Security Grant (07LETPP-GR34238) funding for this project; and, WHEREAS, the State of Alaska and Department of Defense awarded Motorola the sole source contract for the ALMR system for statewide interoperable emergency communications, as Motorola is the only vendor that makes an Association of Public- Safety Communications Officials {APCOj Project 25 compliant radio console for direct connect to the ALMR switch for digital trunlted public safety radio communications; and, WHEREAS, the State of Alaska, Department of Defense, and other municipalities on the Kenai Peninsula have purchased and are using several Motorola ASTRO XTL5000 Consolette Control Station Solutions as part of their ALMR network connection of which this system will compliment and extend for the benefit of the citizens of the City of Kenai during emergencies; and, WHEREAS, the Kenai Police Department ASTRO XTL5000 Consolette solution wi21 expand Kenai PD's dispatch center capabilities to utilize the ALMR system as it chooses, to provide local and regional voice communications interoperability with multiple agencies from a single point of dispatch; and, 17 Resolution No. 2008-21 Page 2 of 2 WHEREAS, KMC 7.15.050{2j provides that equipment or contractual services that can be furnished only by a single dealer or that has a uniform price wherever bought may be sole sourced; and, WHEREAS, the grant from the Office of Homeland Security was awarded based on Motorola specified equipment, and that office has no objection to a sole source award based on pre-negotiated discount rates via the Western States Contraciing Alliance {WSCAj contract; and, WHEREAS, the Council of the City of Kenai has determined this award is in the best interests of the City and the Kenai Pofice Department as designed by Motorola, that the equipment provides interoperability for emergency responders, and is unique in that it includes the only APCO 25 trunked digital compliant consoles presently available. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: 1. Actions approved through Resolution No. 2007-72 be repealed; and, 2. A sole source contract be issued to Motorola Inc. in the amount not to exceed $58;640.00 to equip the Kenai Public Safety Communications Center. with tu~o Motorola ASTRO XTL5000 Consalettes and associated antennas and installation labor, with console reprogramming, by way of their Agent and Manufacturer's Representative on the Kenai Peninsula, ProComm Alaska LLC. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of April, 2008. PAT PORTER, MAYOR ATTEST: Cazol L. Freas, City Cler`k~ ~ Approved by Finance:~~ 1~ V~ 18 ert~! P~!!~e ®eparEm~rst Memorandum To: Rick Koch, City Manager Fm: Chuck Kopp, Cluef of Police Date: 3/27/2008 Re: Repeal. of Soie Source Award Resolutions 2007-72 zaid 2007-73 On November 21, 2007 Council passed two Resolutians, 2007-72 and. 2007-73, awarding sole source contracts to ProComm Alaska LLC for radio cammunicatians upgrades to the Kenai Public Safety Communications Center and the Kenai Emergency Operations Center. At time of contract issuance, Adminishation noted that the contract language indicated funds were to be paid directly to Motorola, Inc., instead of ProComm Alaska LLC. While ProComm Alaska LLC is Motorola's Authorized Manufacturer Sales Representative for Alaska, and will be doing the work for both projects on behalf of Motorola, it is not an entity that can receive the pre-negotiated discount rates on the Western States Contracting Alliance (WSCA) contract. In order fo move forward with proper issuance of The contracts to Motorola, Inc., I am requesting Resolutions 2407-72 and 2007-73 be repealed, and the attached new Resolutions be passed by Council awarding the sole source contracts for both projects to Motorola Inc. No facet of either project as originally presented to Council in the orininal Resolutions has been changed. s Page i 19 Suggested by: Administration CITY OF KENAI RFC®LUTION NO. 2008-22 A RESOLUTION OF THE COUNCIL OF THE CITI' OF KENAI, ALASKA, REPEALING RESOLUTION 2007-73 AWARDING A SOLE SOURCE CONTRACT TO PROCOMM ALASKA LLC TO EQUIP THE KENAI EMERGENCY OPERATIONS CENTER WITH RADIO COMMUNICATIONS UPGRADES AND AWARD A SOLE SOURCE CONTRACT TO MOTOROLA INC. IN THE AMOUNT NOT TO EXCEED $243,000.00 TO EQUIP THE IiENAT EMERGENCY OPERATIONS CENTER WITH RADIO COMMUNICATIONS UPGRADES. WHEREAS, on November 2I, 2007, Council passed Resolution No. 2007-73 awarding a sole source contract in the amount not to exceed $243,000.00 to ProComm Alaska LLC for radio communications upgrades to the Kenai Emergency Operations Center; and, WHEREAS, at tl'ie time of contract issuance, Administration nated the contract language indicated funds were to be paid directly to Motorola, Inc. instead of ProComm Alaska LLC; and, WHEREAS, while ProCommAlaska LLC is Motorola's authorized manufacturer sales representative for Alaska and would be doing the work for this project on behalf of Motorola, it is not an entity that can receive the pre-negotiated discount rates of the Western States Contracting Alliance (WSCA) contract; and, WHEREAS, the WSCA discount rates will keep this project within the budgetary scope of the original 2007 Homeland Security Grant (07SHSP-GR34054) funding for this project; and; WHEREAS, the State of Alaska and Department of Defense awarded. Motorola the sole source contract for the ALMR system infrastructure for statewide interoperable emergency communications, as Motorola is the only vendor that makes an Association of Public-Safety Communications Officials (APCO) Project 25 compliant radio console for directly connecting to the Statewide ALMR switch far digital public safety radio communications; and, WHEREAS, the City of Kenai Emergency Operations Plan establishes the Kenai Emergency Operations Center {KEOCj at 450 Marathon Road, Kenai, as the primary City Emergency Operations Center, providing local and regional voice, data, and telephone communication that is interoperable with multiple agencies and multiple communications platforms, and capable of dispatch and incident command from this location; and, WHEREAS, the Motobridge console equipment will provide a fully interconnected secondary dispatch location, which can become astand-alone redundant backup system should Kenai Police Department require it; and, 20 Resolution No. 2008-22 Page 2 of 2 WHEREAS, any equipment added to the existing system must be compliant with the APCO Project 25 Phase II Standards for interoperability, fully compatible with the existing infrastructure of the statewide ALMR system, and interface seamlessly with the City's existing console equipment. The subject equipment has been proven by the State of Alaska and the Department of Defense to meet all these priorities within the statewide ALMR system; and; WHEREAS, KMC 7.15:050(2) provides that equipment or contractual services that can be furnished only by a single dealer or that has a uniform price wherever bought may be sole sourced; and, WHEREAS, the grant from the Office of Homeland Security was awarded based on Motorola specified equipment and that office has no objection to a sole source award based on pre-negotiated discount rates via the 6Uestern States Contracting Alliance (WSCA) contract; and, WHEREAS, the Council of the City of Kenai has determined this award is in the best interests of the City and the KEOC as designed by Motorola, that the equipment provides interoperability for emergency responders, and is unique in that it includes tl~e only APCO 25 t_~-unked digital compliant consoles presently available. NOW THEREFORE, BE IT RESOLVED BY fiHE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1. Actions approved through Resolution No. 2007-73 be repealed. 2. A sole source contract be issued to Motorola Inc., in the amount not to exceed $243,000, to equip the Kenai Emergency Operations Center {KEOC) with Motorola MotoBridge interoperability solutions that is arranged, installed, and supported throughout the warranty period by its local representative ProComm Alaska LLC. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of April, 2068. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Cler~kp Approved by Fina~7ce:_ y v v~ `Z I ~~M "I/i((~e w~tl~ a Past, ~i with a Ftu~e,~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephane: (907) 283-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us FROM: Carol L. Freas, City Clerk City of Kenai DATE: Mazch 24. 200 RE: 1'RO1'EST` OF LIQUOR LICENSE RENEWAL A liquor license renewal application was submitted by the following business. Amounts are owed as follows: George & .4my r3owen, d/b/a Oae Stop Liquors Sorough =Property and Sales Tax Owimg In addition, the City filed a protest of continued operation in January, 2007 based on amounts owed to the Kenai Peninsula Sorough. Kenai Ivtunicipal Code, states the following; 2.40.Oi0 Obiieations to City: Tt is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligation to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. 2.40.0'20 Approval by Council: Prior to appro~nng renewal of any liquor license by the City of Kenai, the Council shall enter findings in the minutes of the Council that the afore-described liquor licensees have satisfied all obligations to the City of Kenai or that the applicant has entered into a City approved payment plan with the Borough or City on any obligations owed to the City and said applicant is in compliance with said payment plan. After making such finding, the City Council may grant the approval requested. A certified letter was forwarded to inform the licensees of the amounts owed. The 60 days in which the city has to register its objection wilt expire on April 8, 2008. .Does Council direet a letter of protest of liquor license renewal Zoe sent to the AZcoizalic Beverage Control Board for the above establisBxment? 22 ~,~ "i/cl~ae r~Gt ~ fast Gl eta ~ Fi~t~~e" 210 Fidalgo Avenue, Kenai, A{aska 99611-7794 Telephone: {907) 283-7535 !Fax: {907) 283-3014 www.ei.kenai.ak.us Ms. Dawn Holland-Williams Records ~ Licensing Supers+isor Alcoholic Beverage Control Board 5848 East Tudar Road Anchorage, AK 99507-1286 RE: Lrplrox trc~n~sE rz~raEw~l~/s~ At its regular meeting of April 2, 2008, the Kenai City Council reviec~+ed the following liquor ficense renewal application(s) and raised no olajections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. icecseacionai asi:e Alaskalanes, #3209 Eatia Place -- Public Caxnvenieuce Charlotte's #4439 aeveraee i~ispensary George's Casino Bar, #204 Bee~esa¢e Dispensary -- TourismlSeasonal Kenai Landing #4355 If you havg ahy questions, please contaci me at 283-7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk cif cc: Kenai Borough Clerk KPB Finance Department Applicant(s) 23 MAR-20-2008 THU 0925 AM KENAI PENN 60ROUGH CLERK FAX N0, 907 262 8615 P, O1/O1 ~~ :~Z~'~,~.-:~ 1~ ill 1 1111®1 CJL ~!1~M ~'~~" ~~~. 744 N. BPNKLEY S7 • SOI_DQTNA, ALASKA ^ 9966~J-7520 °?-~ PHG1N~: (907) 714-2160 • FAX: (907} 71 A~-2388 ~ ~J Toll-free within the Borough: 1-600478-4441, tact. 2160 `-•~,..,,. -•,~„~~'~ EMAIL: assem6lycierkC~borough.kenai.ak.us SHIrRFdY BIGCS, t;iNC BOROUE~H Ci.EftK March 20, 2008 Ms. Dawn lToliand-VWillianzs Records & Liaenstng Supervisor Alaolzolio Beverage Control Board 5848 E. Tudor Road Anchorage, AID 99547-1286 Re: Application for Renewal of Liquor Licence #32D9 & #204 Dear Ms. Williams: Please be advised that the Kena4 PeninsulaBoro'ugh has no abjectionto the approval afthe following applicatian(s) for renewal of liquor licenses} of tlxe establishmant(s} locatod within the City of l{.enai, .Alaska: Recreational Eite Beverage Dispehsary P.laskalanes #"x209 George's Casino Bar #204 The Kenai izeniusulaBorou.ghFinancebepartment has reviewed its tiles and has raisedna objecUan based an unpaid or delinquent taxes. Sincerely, ~~ ShenyBiggs, C Borough Clerk cc: Applicant City alKenai I{PB Finazzce Depariznent File 24 h1AR-20-2008 TNU 08 11 AM KENAI PENN BOROUGH CLERK FAX N0, 907 262 6615 P, 01/01 ~'~ ~~~\I I~EIVA1 I~E~I;t~! 1„J ®IC,! M f j44 N. BiNKLEY ST • SdLDt7TNA, ALASKA - 99669-7520 ~,,,,a9 ~ ~;., PHONE: {9(77) 714.2160 ~ FAX: (907} 714-2388 .,- ~Jr~ Toll-free within the Borough: 1-800.478-4441, Ext. 2160 '""~•.-.,~•"`~` EMAIL: assemlaiycierk@boroe~gh.konai.a[<.us March 2U, 2008 Ms. Dawn Holland-Williams Records & Liaensing Supervisor Alcoholic Eeverage Control Soard 5848 E. Tudor Road Anchorage, AlC 99507-I286 Ra: Applicat7on for Reztewal of Liquor Licence #4439 Dear Ms. Wil}iams: 51-IERRY BIGGS, CMC BOROUGH CLERK Please be advised that tke 2~enai Peninsula Borough has no ol7jection to the approval of tho following application(s) for renewal of fiquor licanse(s) of the establishment(s) located within the City of Kenai, Alaska: i2estanrantlEatitt~Place - PuU7rc CanvenSence Charlotte's #14439 The Kenai Peninsula Eorough Finance Department lxas reviewed its f Ies and has raisodno abjection based on unpaid or delinquent taxes. Sincerely, Sherry Siggs, C ~/ Eorough Clerk ec: App}i,cant City ofKenai Kp:B Finance Department P'ile 25 MAR-17-2008 MON 09.01 AM KENAI PENN 80ROUGH CLERK FAX N0. 907 262 8815 P, 01/01 ~C IE1 1 N~~ Itii U~ t.! 1-1 14.4 N. OtNKLEY ST • SOLDOTNA, ALASKA a 996697520 PHONE: (9D7} 714.2160 -FAX: (9D7} 7142388 Toll-free wi#hin the Borough: 1.800478-4441, Ext. 2160 EMAIL: assemblycicrkQbarough.konai.ak.us J I'E~R RY~ B~~('7 J, C.r~C. BOROIlOM CLBRK March 17, 2008 Ms. Dawn kTolland-Williams Records 6c Licensing Supervisor Alcoholic Beverage Control Board >848 E. Tudor Road Anchorage, ATG 93507-1286 Re: Application fvr Renewal of Liquor Livenco #4355 Dear Ms. Wi.lli,ams; Please be advisedtllat die TCenai PeaainsulaBorough liasna objectiontothe approval ofthe following application(s) for renewal of liquor license(s) of the estahlislunant(s} located within the City of ICanai, Alaska: Bevor~tse Di~ensarv-Tourism/Seasonal ECenai T.,atu3ing #4355 Tha 1Canai PeninsLda Borough Finance Deparhnenthas roviewed its files and has raised no objection based an unpaid or delinquent taxes. / Si~neerely, Sherry Biggs .MC ~~ Borough Cler c cc: Applicant City of Kenai tCPB Finance Deparlrnent File 26 AGENDA KENAI CITY' COUNC~aIL. - RlEpyG/~UpLAR MEETING MAR6iHry 5, GIIUO ?:QiJ P.M. KENAI CITY COUNCIL. CHAMBERS httu: / /wu~~.ci.kenai.ak.us ITEM A: GALL TO ORDER 1. Pledge of Allegiance 2. Ro11 Call 3. Agenda Approval 4. GonsentAgenda ''AIL items listed with an asterisk (~) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 8: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Rick Baldwin, Chaix, Kenai Economic Development Strategy Team -- Update ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes] ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2269-200? -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pavmbrokers Conduct Business. (Clerk"s Note: Ordinance No. 2269-2007 was amended by substitution at the February 6, 2008 council meeting. The ordinance was then postponed to March 5, 2008. The motion to adopt is active.) a. Substitute Ordinance No. 2269-200? -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. 2. Ordinance No. 221-2008 -- Amending KMC 8.05 to Adopt the 2006 International Fire Code, First Printing. (Clerk's Note: At the February 2q 2008 council meeting, a motion to adopt Ordinance No. 22$1-2008 was on the floor when the ordinance was postponed to March 5, 2008. The motion to adopt is active. 27 Ordinance No. 2282-200$ -- Amending KMC 14.20.160 (b}(8), KMC 14.20.161{bj(5} and KMC 14.20.170(bj(8} by Replacing the Reference to the Horizontal Property Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.08. 4. Ordinance No. 2283-2008 -- Increasing Estimated Revenues and Appropriations by $7,060.76 in the General Fund to Pay for Police Training and. Patrol Rifles. 5. ,Ordinance No. 22$5-2008 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund and the Library Capitai Project Fund for Architectural Services. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote} c. Motion far Adoption 6. Resolntion No. 2008-10 -- Awarding a Sole Source Contract to ProComm. Alaska LLC, in the Amount not to Exceed $54,000 to Purchase Radio Equipment. 7. Resolution Na. 2008-Z I -- Transferring $21,000 in the Airport Fund Training Facility Department for Facility Management. Resolut"son No. 200$-12 -- Awarding a Professional Servrice Contract to Beacon Occupational Health and Safety Services, Inc. for Management of the Fire Training Facility. *Lignor License Renewals -- Fraternal Order of Eagles #3525 -- Club License #337 Upper Deck -- Beverage Dispensary License #2993 American Legion Post #20 -- Club License # 1380 Little Ski Mo -- Restaurant/Eating Place License # 1774 ITEM F: MINUTES *Regular Meeting of February 20, 2008. *Notes of February 20, 2008 Council Work Session. ITEM G: UNFINISFIED BU5INESS ITEM H: NEIIJ SUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2284-2048 -- Amending KMC 13.30.480 and KMC 13.40.020 to Allow for Public Safety, Maintenance, Repair, Upkeep and Cleanup Vehicle Access for Certain Beach Areas. 28 *Osdinance No. 22$6-2008 -- Amending the Salary Schedule in KMC 23.50.010 to Reclassify Police Off cer Positions by Increasing the Range of the Positions and Changing the Step of Some Existing Employees Who will Receive a Range Increase and Making the Next Police Lseutenant an Exempt Employee Under KMC 23.10.030. *Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessary Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 12Q-Square Feet Require a Building Permit. *Ordinance No. 2288-2008 -- Amending Chapter 14.25 Landscaping/ Site Plan Regulations Requiring Approval of Plans Before Clearing Any Land, Requiring Buffer Separation Between Commercial and. Residential Uses, Extending the Completion Time to Two Years and Providing that the Approval may be Revoked with Thirty Days Notice. Dsscussion -- Draft Bear Resistant Garbage Container Ordinance Discusssoax -- Funding Request of Friends of the Library/Consultant for Coordinating Fundraising/Library Expansion. ITEM I: 1. Council nn Aging 2. Airport Commission 3. .Harbor Commission 4. Library Commission 5. Parks &, Recreation Commission 6. Planning Ss Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM S: REPORT OF THE MAYOR YTEM K: ADMINTSTRATI~N REPCJRTS L City Manager 2. Attorney 3. City Clerk ITEM L: 29 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATTCDN (This item lists legtslatton which will be addressed at a later date as taoted.) EXECUTFVE SE55I®N -- None Scheduled ITEM M: ADJQ7URNMENT 30 MINUTES ITEM A: CALL Td 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. RC3LL CALL A quorum was present. Also present: Brittany Harding, Student Representative A-3. AGENISA APPRCSVAL Mayor Porter Hated the following requested changes: RENUMBER: ITEM E-2 AS ITEM E-la ADD TO: ITEM E-6: Ordinance No. 2285-2008 a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption REPLACEMENT: ITEM E-9: Resolution No. 2008-I2 -- Facility Management Agreement for Alaska Fire Training Center MQTICN: Council Member Swarner MCYVED to approve the agenda with the above listed lay down items, and requested UNANIM®US CONSENT. Council Member Smalley SECONDED the motion. There were no objections. S® ®RDERED. 31 The Deputy City Clerk took roll. Present were: KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2005 PAGE 2 A-4. CONSENT AExENDA *All items listed with an asterisk (*) are considered to be routine and non- controversial by th.e 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. MOTION: Council Member Swarner MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) S-1. Rick Baldwin, Chair, Kenaa Eoonomic Development Strategy Team -- Update Mr. Baldwin gave background on the Kenai Economic Development Strategy (KEDS) Team, noting action items of the five standing committees. He provided a report to the Deputy City Clerk far copy and dispersal to the City Council Members and the City Manager and noted there would be a KEDS Forum on Thursday, April I7, 2008 at the Kenai Convention F~ Visitors Bureau from 6:00 - 7:30 p.m. Baldwin thanked the City for providing Lee Salisbury to take notes at the meetings. ITEM C: UNSCHEDULED FUSLIC COMMENTS Sal Mattero, President, Friends of the Library Board -- Spoke regarding the selection process for the consultants for the Library Expansion Project, noting they were looking for someone with a working knowledge of libraries in Alaska, with State and National recognition, and, willing to tailor their campaign to Kenai's needs. Mattero requested the City fund half of the $10,000 consultation fee. Eileen Bryson, Chair, Library Commission -- Spoke in favor of sharing funding with the City on the Consultant fee for the Library Expansion Project. Robert Peters, Member, Library Commissions -- Noted the Friends of the Library have spent thousands of dollars an books and programs for the Library and reminded the Council of the $50;000 "check" the Friends of the Library donated to the City to use towards the completion of the Library expansion. 32 KENAI CITY COUNCIL MEETING Iv1INUTES MARCH S, 2008 PAGE 3 ITEM D: REPOLtTS OF I~B ASSEMBLY LEGLSLATOYt5 AND COUNCILS ITEM E: PUBLIC LiEAL2BVdrS (Testunony limited to 3 minutes per speaker. E-Y. Ordinance No. 22419-2(307 -- Enacting Chapter 6.40 of the Kenai Municipal Cade Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business: (Clerk's Note: Ordinance ilTO. 2269-2007 was amended by substitution at the February 6, 2008 council meeting. The ordinance was then postponed to March 5, 2008, The motion to adopt is active.) E-Ia. Substitute Ordinance No. 2269-20437 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. MOTION TO SUBSTITUTE: Council Member Ross MOVED to approve Substitute Ordinance No. 2269-2007 and Council Member Eldridge SECONDED the motion. Mayor Porter opened the meeting to public hearing. There being no comments, the public hearing was closed. Council comments included • 'Thanked Police Chief Kopp az7d City Attorney Graves for meeting to address issues. • Concern the ordinance addressed secondhand stores and gar. age sales. • Concern about conflicts with the Federal Trade Commission. MOTYON TO POSTPONE: Council Member Swarner MOVED to postpone Substitute Ordinance No. 2269-2007 until the April 2, 2008 meeting. Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: 33 *Student Representative Harding; No KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 4 MOTION FA%LED. VOTE ON TI3E SUBST%TUTE: *Student Representative Harding: Yes E-2. Ordinance Nm. 2281-2008 -- Amending KMC 8.05 to Adopt the 2006 Iritexnationai Fire Code, First Printing. -- Clerk's j+7ater-Atthe ~'ebruarg ~0, 2008 council meeting, a mofion to adapt _ _ Ordinance No. 2281-2008 was on the floor when the ordinance was postponed to .March 5, 2008. The motion to adopt is acfive. MOTION: Council Member Eldridge MOVED to approve Ordinance No. 2281-2008 and Council Member Swarner SECONDED the motion. A?a•r^r Porter opened ti,e rnee±;n~ t_o nuht;c hearing. There being nn comments, the public hearing was closed. Council comments included: • Candles could not be passed from hand to hand while lighted. • Would sprinklers in residences be only on new construction? • The City of Soldotna passed a similar ordinance, noting it would cost between X12,000 and $15,000 to bring all City buildings up to code. VOTE: *'Student Representative Harding: Yes 34 MOTION PASSED UNAN%MOUSLY. MOTION PASSED UNAN%MOUSLY. KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 200$ PAGE 5 E-3. Ordinance N®. 8282-2008 -- Amending KMC 14.20.160 (b}(8}, KMC 14.20. i61(b)(5) and KMC 14.20.1'70(b)($) by Replacing the Reference to the Horizontal Property Regimes Act in AS 34.07 With a Reference to the Uniform Common Interest Ownership Act in AS 34.08. MOTION: Council Member Molloy MOVED to enact Ordinance No. 22$2-2008 and Council Member Eldridge SECONDED the motion. Mayor Porter opened the meeting to public hearing. There being no comments, the public, hearing was closed. VOTE: *Student Representative Harding: Yes E-4. Ordinance No. 2883-2008 -- Increasing Estimated Revenues and Apprnpriationc b;~ $7,060.76 in the General Fund to Pa_v for Police Training and Patrol Rifles. MOTION: Council Member Eldridge MOVED to adopt Ordinance Nc. 2283-2008 and Council Member Smalley SECONDED the motion. Mayor Porter opened the meeting to public hearing. There being no comments, the public hearing eras closed. VOTE: 35 MOTION PASSED LRdANIMOUSLY. *Student Representative Harding: Yes KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 6 MOT%ON PASSED UNANIMOUSLY. E-5. Ordinance No. 2285-2m~8 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund and the Library Capital Project Fund for Architectural Services. E-Sa. Motion for %ntroduction MOTION: Council Member Smalley MOVED to introduce Ordinance No. 2285-2008 and Council 1•dember Molloy SECON'_?ED t'rie motion. VOTE ON %NTRODUCTION: *Student Representative Harding: Yes E-5ts. Motion for Second Reading (Requires a Unanimous Votej MOT%ON: Council Member Smalley MOVED to hear a Second Reading of Ordinance No. 2285- 2008 and Council Member Swarner SECONDED the motion. vOTE ~sN sECOND READ%N~: *Student Representative Harding: Yes ~ Ross Yes I Mollov Yes ~ Boyle j Yes - '. Porter Yes ~ Swarner Yes ~ Smalley Yes ' Eldridge Yes ~ MOT%ON PASSED UNANIMOUSLY. 36 MOTION FASSED UNANLN%OUSLY. KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 7 E-Sc. Mahon for Adogtion MOTION ON MOTION TO ADOPT: Council Member Smalley MOVED to adopt Ordinance No. 2285-2008 and Council Member Swamer SECONDED the motion. Mayor Porter opened the meeting to public hearing. Eileen Bryson, Chair, Library Commission -- Spoke in favor of the Ordinance, noting she was encauraged by the support of the City Council. There being no further comments, the. public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. F..Fve R~,c~,n4t~kiepn N~, ~(,)[~~_5A __ A~x~a rrlin o~ a Cale SOUICe Cnntra Ct to ProComm Alaska LLC, in the Amount not to Exceed $54,000 to Purchase Radio Equipment. MOTION: Council Member Eldridge MOVED to apprave Resalution No. 2008-10 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. E-7. Resolution No. 2048-11 -- Transzerring $21,000 in the Airport Fund Training Facility Department for Facility Management. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2008- 11. Council Member Swarner SECONDED and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 37 Student Representative Harding: Yes KENAI CITY COUNCIL MEETING MINUTES MARCH S, 2008 PAGE 8 E-$. .Resolution No. 2008-12 -- Awarding a Professional Service Contract to Beacon Occupational Health and Safety Services, Inc. for Management of the Fire Training Facility. MOTION: Council Member Eldridge MOVED to approve Resolution No. 2008-12 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. Mark Hylen, Ca-owner, Beacon Occupational Health and Safety Services, Inc. -- Thanked the Council for their support, noting his company was one of the largest users of the`Facility and they would urork to make the facility a success. Council Member Molloy requested a copy of the resolution and the contract be included in the Airport Commission packet. E-9. *Liquor License Renewals -- Fraternal Order of Eagles #3525 -- Club License #337 Upper Deck -- Beverage Dispensary License #2993 American Legion Post #20 -- Club License #1380 Little Ski Mo -- RestaurantJEating Place License #1774 Approved by consent agenda. ITEM F; MTNUTES F-1. *Regular Meeting of February 20, 2008. Approved by consent agenda. F-2. *Notes of February 20, 2008 Council Work Session. Approved by consent agenda ITEM G; UNFTNTSHED BUSINESS -- None BREAK TAKEN; 7:45 Ia.M. BACK TG ORDER: 7:56 P.M. ITEM H: NEW BUSINESS H-1. Bills to be Ratified 38 KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 9 MOT%ON: Council Member Smalley MOVED to ratify the bills. Councff Member Swarner SECONDED the motion and requested UNAN%MOUS CONSENT. There were no objections. S® ORDERED. ~%-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and requested UNAN%MOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. H-3. *Ordiuance No. 2284-2008 -- Amending KMC 13.30.080 and KMG 13.40.020 to Allow for Pubfic Safety; Maintenance, Repair, Upkeep and Cleanup Vehicle Access for Certain Beach Areas. Introduced by approval of consent agenda H-4. *Ordsnanee Na. 2286-2008 -- Amending the Salary Schedule in KMC 23.50.010 to Reclassify Police Officer Positions by Increasing the Range of the Positions and Changing the Step of Some Existing Employees Who will Receive a Range Increase and Making the Next Police Lieutenant an Exempt Employee Under HIvIC 23.10.030. Introduced by approval of consent agenda. %%-5. *Ordanance No. 228'7-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central. Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. Introduced by approval of consent agenda. Ii-6. *Ordinanca No. 2288-2008 -- Amending Ghapter 14.25 Landscaping/Site Plan Regulations Requiring Approval of Plans Before Clearing Any Land, Requiring Buffer Separation Between Commercial and Residential Uses, Extending the Completion Time to Two Years and Providing that the Approval may be Revoked with Thirty Days Notice. 39 KENAI CITY COUNCIL MEETING MINUTES MARCH S, 2008 PAGE 10 Introduced by approval of consent agenda. Ii-7. Discussion -- Draft Bear Resistant Garbage Container Ordinance Larry Lewss, Alaska Department of Fish and Game -- Spoke to his concern with the wording of the draft, noting "bear problem areas" may make some people complacent if they don't live in that area. He would like a more pro-active approach. Council Members requested the ordinance be introduced at the March 19, 2008 meeting. H-~. Discussion -- Funding Request of Friends of the Libraxy(Consultant for Caordinatirg rundraising,/Library Expa-2sion. City Manager Koch noted the Friends of the Library would like the City to cover half of the X10;000 cost of a consultant for the Library Expansion project. Council requested an ordinance with a second reading be brought to the March 19, 2008 meeting. ITEM I: COMhRISSY0I3/COMMITTEE REPORTS I-I. Council on Aging -- Eldridge noted the next meeting would be March 13, 2008. I-2. Airnort Commission -- Nfolioy noted the next meeting would be March 13, 2008, and requested the Beacon contract and resolution be included in the packet. I-3. I3arbor Commission -- Boyle noted the neat meeting would be March 10, 2008. I-4. Lilsrary Commission -- Smalley reviewed the meeting of March 4, 2008, noting the Technology Plan was approved. Mayor Porter noted there was an application for a seat on the Library Commission in the packet from Molly Graves and appointed her to the Commission. Council stated no objections. I-5. Parks 8v Reoreation Commission -- Eldridge noted the next meeting would be April 3, 2008. I_5, planning 8s Zoning Commission -- Ross noted there were two ordinances that were being forwarded from the Planning 8s Zoning Commission to the Council with public hearings held at the March 19, 2008 meeting. 40 KENAI CITY COLiNCIL MEETING MINUTES MARCH 5, 2008 PAGE 11 I-7. Miscellaneous Commissions and Committees %-a. Beautification Committee -- Swarner noted the next meeting would be March 25, 2008. Mayor Porter accepted the resignation of Committee Member Helen Brown. -b. Alaska Municipal League Report -- Smalley reviewed the teleconferences in which he recently participated. I-c. Mini-Grant Steering Committee -- No report. ITEM J: REPORT OF TFIE MAYOR • Requested a X500 donation to the Leadership Class at Kenai Central High School for their help with videotaping the Council meetings. Council directed the administration to bring this to the March 19, 2008 meeting as a resolution. • Read a statement regarding the new Alaska Public Offices Commission (APOC) report. Council Members agreed with her comments and. directed the Administration to work on placing the "Gpt Out" vote on the ballot. ITEM K: ADMINISTRATION REPORTS K-l. City Manager -- Koch reported the following items: ~, ~/[e} <,=,~th R_nrnugh fl~ei aSc ragarAir2g the recent aS3eS5ment in Crra gec and they agreed to hold a community meeting to address the issue • He would meet with department heads beginning March 6 to discuss budget issues • Noted the. information on CARTS in the packet was informational only. • The position for the Public Works Director closed on March 5, 2008. K-2. Attarney -- Graves noted he would be working on placing the AFOC issue on the ballot and airport issues. K-3. City Clerk -- Deputy City Clerk Hall reviewed the report included in the packet related to broadcasting council meetings. She added GCi would use Channel 12 rather than Channel 1 to broadcast the City Council meetings. (Due to a technical difficulty with the video camera, there was no film of the meeting.) ITEM L: DISCUSSION L-I. Citizens 41 KENAI CITY CpUNCIL MEETING MINUTES MARCH S, 2008 PAGE 12 aim Butler, 1171 Kaknu, Kenai, Chair, B®ard of Fisheries -- Reported the Board of Fisheries had met and voiced concerns regarding pollution on the lower river. He asked the City to become pro-active regarding the beaches in July, suggesting prevention, mitigation and long term planning. Butler would like the Board of Fisheries to work with the City Manager and the City Attorney to come up with ways to work together on this issue. Council Member Boyle suggested the City close the road to the beach as a drastic measure to stop the problem: Butler agreed it could take something that drastic for the State to realize the seriousness of the problem. Boyle invited Butler to speak at a future Harbor Commission meeting. L-2. 'Council Swarner suggested someone run for a position on the board of the College Council. Smalley noted he was pleased. at how. many people were in the audience and thanked the Council for supporting the Library Expansion Project. Eldridge noted there was a surplus at the Congregate Housing. Harding noted her support of the Library Expansion Project and reported March 6, 2008 was the last day of the third quarter at school. 17oss -- None M®lloy -- None Boyle -- None ITEM M: PENDINE3 LE~aISLATIOIU (This item lists legislation which will be addressed at a later date as noted.) EKECUTI~TE SESSIOtoi -- None Scheduled ITEM M: A133OURNMERTT There being no further business before the Council, the meeting was adjourned at approximately 9:10 p.m. Meeting summary prepared and submitted by: Corene HaII, Deputy City Clerk 42 KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 2008 PAGE 13 *The student may cast advisory notes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall n.ot affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Studenf representatives may not move er second items during a council meeting. 43 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH I9, 2008 7:00 P'.M. KENAI CITY COUNCIL CHAMBERS http (Iwww.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Rall 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 S: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS YTEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.] i , Ord_Ina~ee Nc~, 2284-2008 -- Amending KMC 13.30.080 and KMC 13.40.020 to Allow for Public Safety, Maintenance, Repair, Upkeep and Cleanup Vehicle Access for Certain Beach Areas. 2. Ordinance No. 2286-2008 -- Amending the Salary Schedule in KMC 23.50.010 to Reclassify Police Officer Positions by Increasing the Range of the Positions and Changing the Step of Some Existing Employees who will Receive a Range Increase and Making the Next Police Lieutenant an Exempt Employee Under I{MC 23.10.030. Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1} Adding a Section Restricting the Use or Storage of Cone::-Type Structures in the Central Commercial and Residential Zones and 2) Requii7ng Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. 44 4. Ordinance No. 2288-2008 -- Amending Chapter 14.25 Landscaping/ Site Plan Regulations Requiring Approval of Plans Before Clearing Any Land, Requiring Buffer Separation Between Commercial and Residential Uses, Extending the Completion Time to Two Years and Providing that the Approval may be Revoked with Thirty Days Notice. 5. Ordinance Na. 2293-2008 -- Increasing Estimated Revenues and Appropriations by $5,000 for a Donation to The Friends of the Library to Hire a Grant Writing Consultant. a. Motion for Introduction b. Motion for Second Readang (Requires a Unanimous Vote; c. Motion forAdopfion Resolution No. 2008-13 -- Awarding a Contract for Audit Services for the FY 2008 Audit to Mik~znda, Cottrell & Co., Inc. for an Amount Nat to Exceed $38,000. Resolution No. 2008-24 -- Confirming the Assessment Roll on the Set ivet Drive Street Trnprovernent Special Assessment District. 8. Resolution No. 2008-25 -- Confirming the Assessment Roll on the Aliak, McCoAum, Japonski Streets Improvement Special Assessment District. 9. Resolution No. 2008-16 -- Confirming the Assessment Roll on the Angler Drive Street Improvement Special Assessment District. 10. Resolution No. 2008-17 -- Directing the continuation of the Project Entitled "Thompson Park, Beaver Creek Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Street Improvement Special Assessment Distict and Designating .Ti/hat Imprcvemerts are tc be Included in this Project. 11. Resolution No. 2008-18 -- Urging the Alaska State Legislature to Amend AS 39.50 So That Disclosure Requirements Are More Appropriate for Municipal Elected and Appointed Officials. 12. Resolution No. 2008-Z9 -- Donating $500 to the Kenai Central High School Leadership Class. ITEM F: MINUTES 'Regular Meeting of March 5, 2008. ITEM CT: UNF`INISIiEZ3 BUSINESS ITEM H: NEB $USINESS 1. Bills to be Ratified 45 2. Approval of Purchase Orders Exceedu7g $15,000 *Ordinance No. 2289-2008 -- Increasing Estimated Revenues and Appropriations by $22,060 in the General Fund for a Library Grant. *Ordinanee No. 2290-2008 -- Amending KMC 9.10.010 to Require Garbage Placed Outdoors in Designated "Bear Problem Areas" to be Kept in Garbage Containers Designated as Bear Resistant by the City of Kenai. *Ordinance No. 2291-2008 -- Amending KMC 7.32.030 Entitled, "Transfers to General Fund," Such That Any Amount Transferred is Designated for Senior Citizen Programs. 6. *Ordinance No. 2292-2008 -- Increasing Estimated Revenues and Appropriations by $9,000 in the General Fund Police Department for Alaska Highway Safety Office Program Participation. 7, *Ordinance No. 2294-2008 -- Increasing Estimated Revenues and Appropriations by $31,500 in the Congregate Housing Enterprise Fund for 'Transfer to the General Fund Per KMC 7.32.030. 8. *Ordinance No. 2295-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the General Find Shop Department for Operating Supplies. 9. *Ordsnance Ne. 2296-2008 -- Increasing Estimated Revenues and Appropriations by $110,000 in the General Fund and the Airport Fund for Repairs and Maintenance at the Fire Training Center. 10. *Ordinance No. 2297-2008 -- Amending KMC 1.85 (Financial ^.s~la=ure and Car',fI_et of Sntere.et) by Remr.«2;g the K Anti City Clerk ar±d City Attorney From the List of "Municipal Officers" in KMC 1.85.070(b) Required to Report Under the City of Kenai Financial Disclosure and Conflict of Interest Rules. ITEM Y: COMMYSSION/OOMMITTEE 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 e. Mini-Grant Steering Committee ITEM J: REPORT OF TE3E Mt~YOR 46 ITEM K: 1. City Manager 2. Attorney 3. City Clerk ITEM I,: DISCLYSSIOI~T 1. Citizens (five minutes) 2. Council ITEM M; PENDING LEGISI.t~TIOI3 (This item lists legislation which will be addressed at a later date as raoted.J -- None Scheduled ITEM N: 47 I{ENAI CITY COUNCIL -REGULAR MEETING MARCH i9, 2008 7:00 F.M. KENAI CITY COUNCIL. CIiAMHERS httu: / /www.ci.kenai.ak.us VICE MAYOR LINDA SWARNER, PRESIDING MYNUTES ITEM A: CALL TO ORDER Vice Mavar Swarner called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. FLEDGE OF ALLEGYANCE Vice Mayor Swarner led those assembled in the Pledge of Allegiance. A moment of silence was held in memory of the Hunt family who perished in a home fire and the emergency personnel involved. A-2. ROLL CALL A quorum was present. Absent: Brittany Harding, Student Representative A-3. AGENDA APPROVAL The following items were requested: REMOVE FROM AGENDA: Item Ti-1, Minutes of March S; 2005 Council Meeting ADD AS: Item H-11, Dsscussaou/Request fox Direction -- Letter of objection suggested closure of Soldotna Fish 8v Game Office. MOTION: Council Member Smalley MOVED for approval of the agenda with the changes requested. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. MOTTON: CONSENT AGENDA 48 The City Clerk took roll. Present were: KENAI CITY COUNCIL MEETING MARCH 19, 2008 PAGE 2 of l6 Council Member Smalley MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge 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 KPS ASSEMBLH LEGISLATORS AND COUNCILS None. ITEM E: PUBLIC .HEARINGS (T. estimony Limited to 3 minutes per speaker.) E-I. Ordsaiance No. 2284-2008 -- Amending KMC 13.30.080 and KMC 13.40.020 to Allow for Public Safety, Maintenance, Repair, Upkeep and Cleanup Vehicle Access for Certain 13each Areas. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2284-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing, 7`here being no one wishing to be heard, the public hearing was closed. There were no council comments. City Manager Koch reported the ordinance would allow additional access to the beach for public safety, maintenance repair, eta VOTE: *Student Representative Harding: Absent E-2. Ordanarace No. 2286-2008 -- Amending the Salary Schedule in KMC 23.50.010 to Reclassify Police Officer Positions by Increasing the Range of the Positions and Changing the Step of Some Existing Employees Who will Receive a Range Increase and Maka~g the Next Police Lieutenant an Exempt Employee Under KMC 23.10.030. 49 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MARCH 19, 2008 PAGE 3 of 16 Nd®TION: Council Member Eldridge M(IVEf3 to adopt Ordinance No. 2286-200$ and Council Member Smalley SEC®NDEFJ the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council Member Ross reported a son was employed at the Kenai Police Department and would be affected by the ordinance, his son had not been a member of his household for 20 years, and Ross would not receive any financial gain from the ordinance. Vice Mayor Swarner read a fmding from Attorney Graves in which it was stated. Ross did nat have a conflict of interest under the Kenai Municipal Code and without a conflict, should vote on the ordinance. There were no objections from council. There were no public or councIl comments. Koch noted a grammatical error in the third whereas and Clerk Freas was requested to make the change. VOTE: MpTYON ZbASSED L7N1iNTME1USLY. E-3. Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures} by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2j Requiring Accessory Structures be Built to Match the Primazy Building an the Lot and 3j Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessary Structures Over 120-Square Feet Require a Building Permit. MQ'~'FfON: Council Member Boyle P/lOVEI3 for approval of Ordinance No. 2287-2008 and Council Member Eldridge SECONDEf) the motion. The floor was opened for public comment. 50 *Student Representative Harding: Absent KENAI CITY COUAICIL MEETING. MARCH 19, 200E PAGE 4 of 1'6 Bola Peters, Old Town, Kenai -- Peters noted he resided in the Central Commercial District and asked if those who currently had conexes on their property would be grandfathered in or would they have to remove them from the property. Koch noted the following: • Conexes already on properties would be non-conforming and wauid not have to be removed. • ,People have lots of items to stare and if a conex is not allowed, something would have to be built which could make it a financial hardship for residents who may choose to leave items in their yards instead. With no others wishing to speak, the public hearing was closed. Council discussior. fella=.ved during which commen±s included: • Concerns some of the parts of the ordinance were more appropriate as subdivision covenants. • If adopted, sheds, conexes, etc. would have to look like the home, making it mare expensive and requiring them to be custom built. • Allowing for use of a conex for temporary construction storage for only 90 days would be too short and. should. be more like 120 days. • Belief the ordinance was onerous and would not support and suggested a second public hearing. • Belief the intent of the ordinance good, but believed it warranted a second public hearing. • vnnnnr? ni nnsinnnr meet gtatgd, --rr--- __ i,__..r ______ AROTTON TO POSTPONE: Council Member Eldridge MOiTED to postpone action on the ordinance until the next meeting. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. E-4. Ordinance No. 2288-2008 -- Amending Chapter 14.25 Landscaping/ Site Plan Regulations Requiring Approval of Plans Before Clearing Any Land, Requiring Buffer Separation Between Commercial and Residential Uses, Extending the Completion Time to Two Years and Providing that the Approval may be Revoked with Thirty Days Notice. It~EOTYON: 51 KENAI CITY COUNCIL MEETING MARCH 19, 2008 FAGS 5 of Ib Council Member Molloy MOVED to enact Ordinance No. 2288-2008 and Council Member Eldridge SECONDEDI the motion. The floor was opened for public hearing. Clint Hall, ~ 212 First Avenue, Kenai -- Stated he had concerns with the ordinance; accountability may have more consequences; suggested builder organizations should meet in a work session with council to discuss the issue; and believed the ordinance would delay buffding permit issuance, etc. Marityn Kebsehull, City Planner -- Kebschull comments included: ® .Referred to comment building permit issuance could be delayed -- the code stated the plan needed to be reviewed within 14 days. • Gave historical background of tiie ordinance, noting it carne to the Commission because persons were clear-cutting land without alandscape/site plan; the ordinance would require alandscape/site pian in the commercial or industrial zone if 85°ro of the property were to be cleared (trees/ground cover); if clearing land in a residenfial or cornrnercial zone and 75% of the land was to be cleared (trees and ground cover}, a site plan would be required; extensions or exceptions could be provided; and, the site plan could be hand-drawn. • A landscape plan would not be required for the residential zone unless it would be amulti-family development. ® Landscape/site plans would not be required for individual Iots. C~~?nC~ cOmmCntS 3nei:z:le:i r^n Cerri cTld n Lin--unnrtrt ~f thr vrdliiaraee annl:rina t~ rr--_ -rr-/..._a residential zones. Clint Hall, 1212 First Avenue, Kenai -- Discussed EPA requirements with regard to excavating/clearing of lots for development. MOTION TO AMEND: Council Member Eldridge MOVED to amend Ordinance No. 2288-2008, 14.25.015 (Page 18 of packet) by removing the brackets and returning the wording to the current form, i.e. "For property covered under this chapter, submittal of a preliminary....." and amend the second paragraph, second line (page 19 of packet) by removing "section" and restore "chapter', i.e. "...are exempt from this chapter with the following exceptions..." Council Member Smalley SECONDED the motion. VOTE: *Student Representative Harding: Absent 52 KENAI CITY COUNCIL MEETING MARCH 19, 2008 PAGE 6 of 16 MOTION PASSED. VOTE ON MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2293-200$ -- Increasing Estimated Revenues and Appropriations by $5,000 for a Donation to The Friends of the Library to Hire a Grant Writing Consultant E-Sa. Motian for Introdnetion MOTION TO INTRODUCE: Council Me.uber S~~,alley 2;aO:'ED ur introduction of Or dilzance Na. 2293-2v08 and Council Member Eldridge SECONDED the motion. VOTE ON INTRODUCTYON: MOTION PASSED UNANIMOUSLY. E-Sb. Motion for Second Reading (Reciuires a Unanimous Vote) NLOTION FOR SECOND READING: Council Member Smalley MOVED to hold the second reading of Ordinance No. 2293- 2008 and Council Member Eldridge SECONDED the motion. 53 *Student Representative Harding: Absent *Student Representative Harding: Absent KENAI CITY COUNCIL MEETING MARCH 19,2008 PAGE 7 of 16 VOTE ON SECOND READTNO: MOTION PASSER UNANIMOUSLY. E-6c. Motion fos Adoption MOTION TO ADOPT: Council Member Smalley MOVED for adoption of Ordinance No. 2293-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. It was noted, the Library Commission discussed the issue and stated its support and encouraged Council's passage of the ordinance. VOTE ON ADOPTION: MOTION PASSED UNANIMOUSLY.. E-6. Resolution No. 20®8-I3 -- Awarding a Contract for Audit Sernices for the FY 2008 Audit to Mikunda, Cattrell & Co., Inc. for an Amount Not to Exceed $38,000. MOTION: Council Member Ross MOVED for adoption of Resolution. No. 2008-13 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened for public hearing, There being no one wishing to be heard, the pubfic hearing was closed. There were no council comments. 54 *5tudent Representative Harding: Absent `St'~d_< t ReprcScritatii%e :'_a_TdiY?g Absent KENAI CITY COLNCIL MEETING MARCH 19, 2008 PAGE 8 of 16 VOTE: There were no objections. SO ORDERED. E-7. Rasoiutiox~ No. 2408-14 -- Confirming the Assessment Roll on the Set Net Drive Street Improvement Special' Assessment District. MOTYONc Council Member Molloy MOVED for adoption of Resolution No. 2008-14 and Council Member Smalley SECONDED the motion. The flecr was opened for public hearing. There being ne one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Harding: Absent E-8. Resolution Na. 2008-IS -- Confirming the Assessment Roll on the Aliak, McCallum, Japonski Streets Improvement Special Assessment District. MOTION: Council Member Eldridge MOVED for approval. of Resolution No. 2008-15 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. fihe floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: fihere were no objections. SO ORDERED. E-9. Resolution No. 2008-16 -- Confirming the Assessment Roll on the Angler Drive Street Improvement Special Assessment District. 55 ~"aa"3TION rASSs."i.' viv~Ai3lldi^v'JSL`at. KENAI CITY COUNCIL MEETING MARCH 19, 200$ PAGE 9 of 16 MOTION: Council Member Molloy MOVED for adoption of Resolution No. 200$-16 and Council member Smalley SECONDED the motion. Tlie floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were na council comments. VOTE: MOTION PASSED UNANIMOUSLY. E-10. Resolution No. 2008-17 -- Directing the continuation of the Project Entitled "Thompson Park, Beaver Greek Alaska, Mack, Valhalla Heights, and Sunset Rim Subdivisions Street Improvement Special Assessment District and Designating What Improvements are to be Included in this Project. MO^.'T.ON; Council Member Smalley MOVED for approval of Resolution No. 200$-17 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. E-I I. Resolution No. 2008-18 -- Urging the Alaska State Legislature to Amend AS 39.50 So That Disclosure Requirements Are More Appropriate for Municipal Elected and Appointed Officials. MOTION: 56 *Student Representative Hazding: Absent KENAI CITY' COUNCIL MEETING MARCH 19, 2008 PAGE 10 of 1G Mayor Porter MOVED to approve Resolution No. 2008-18 and Council Member Eldridge SECONDED the motion. Council Member Smalley requested UNANIMOUS CONSENT. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council comments included: • A mechanism was already included in the Municipal Code to require council to submit financial disclosure forms. • In the past, municipal officers were required to submit sources of income, however the new forms requu-e dollar amounts, interest made, etc. and, beginning January, 2009, the forms would be available for review over the Internet. • Concern was expressed the new required information was intrusive and could be used for identify theft, etc. VOTE: There were no objections. SO ORDERED. E-12. Resolutioa No. 2008-19 -- Donating $S00 to the Kenai Central High School Leadership Class. MO'T`ION: Council Member Eldridge MOVED for approval of Resolution No. 2008-19 and reauested UiLTANIPdTOUS COAtSENT. Council Member Ma~1oy SECONDED the motio,.. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 8:04 F.M. SACK TO ORDER: 8:12 P.M. ITEM F: MINUTES F-Y. Regulax Meeting of Maroh 5, 200$ -- Removed from the agenda. ITEM G: UNFINISHED SUSTNESS -- None. ITEM H: NEW SUSINESS 57 KENAI CITY COliNCIL MEETIiv'G MARCH 19, 2008 PAGE 11 of 16 H-1. Silts to be Rated MOTION: Council member Smalley MOVED to ratify the bills. Council. Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Agproval of Purchase Orders Exceeding $15,000 MOTION: Council member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2289.2008 -- Increasigng Estimated Revenues and Appropr_aricns bs' 522,060 ~-? t?~° !=e^?rat u~,•,a for a L:bra_*y Grant, Introduced by approval of consent agenda. H-4. Ordinance Na. 2290-2008 -- Amending KMC 9.10.010 to Require Garbage Placed Outdoors in Designated "Bear Problem Areas" to be Kept in Garbage Containers Designated as Bear Resistant by the City of Kenai. Introduced by approval of consent agenda. H-5. Ordinance No. 2291-2008 -- Amending KMC 7.32.030 Entitled, "Transfers to General Fund," Such That Any Amount Transferred is Designated for Senior Citizen Programs. Introduced by approval of consent agenda. H-Cs. Ordinance No, 2292-2008 -- Increasing Estimated Revenues and Appropriations by $9,000 in the General Fund Police Department for Alaska Highway Safety Office Program Participation. 58 KENAI CITY COUNCIL MEETING MARCH 19,2008 PAGE 12 of 16 Introduced by approval of consent agenda. H-7. Ordinance No. 2294-2008 -- Increasing Estimated Revenues and Appropriations by $31,500 in the Congregate Housing Enterprise Fund for Transfer to the General Fund Per KMC 7.32.030. Introduced by approval of consent agenda. H-8. Ordinance No. 2298-2008 -- Increasing Estimated Revenues and Approprations by $35,000 in the General Fund Shop Department for Operating Supplies. Introduced by approval of consent agenda. H-9. Ordinance No. 2296-2008 -- Increasing Estimated Revenues and Appropriations by ~w110,000 in the General Fund and the Airport Fund for Repairs and Maintenance at the Fire Training Center. Introduced by approval of consent agenda. H-10. Ordinance No. 2299-2008 -- Amending KMC L85 {Financial Disclosure and Conflict of Interest] by Removing the Kenai City Clerk and City Attorney From the List of "Municipal Officers" in KMC 1.85.070{b) Required to Report Under the Gity of Kenai Financial Disclosure and Conflict of tnteresr_ Rules. Introduced by approval of consent agenda. H-11. Discussian//Request far Direction -- Letter of Objection/Suggested Closure of Soldptna Fish &v Game Office. Council Member Smalley noted he requested the letter be written as he believed the City should speak to the importance of the presence of Fish & Game on the Peninsula. He encouraged passage of the resolufion. MOTION: Mayor Porter MOVED to have a letter prepared and signed by Vice Mayor Swarner and send it to the appropriate individuals. Council member Smalley SECONDED the motion. VOTE: `Student Representative Harding: Absent 59 KENAl CI'T`Y COUNCSL MEETING MARCH 19, 2048 PAGE 13 of 16 Molloy Yes 'Boyle Yes Porter Yes __ Swarner ~ Yes Smalley Yes Eldrid e Yes I Ross ;Yes MOTICl~ PASSEIA iTIdANZMOLTSL%. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Eldridge reported, due to the April meethlg being canceled, the next meeting date would be May 8. I-2. Aurport Commission -- Council Member Molloy reported the meetuzg summary of the March 13 meeting was included in the packet and reviewed discussions/actions from that meeting. Molloy reported he would be absent for the April meeting and Council Member Boyle would attend the meeting For him. I-3. Harbor Commission -- Council Member Boyle reported the March ld meeting summary was included in the packet and reviewed actions/discussions from that meeting. I-4. Library Commission -- Council Member Smalley reported the March 4 meeting summary was included in the packet and reviewed actions/discussions from that meeting. I-5. Parks i?~ Recreation Commission -- Council Member Eldridge reported the next meeting would be held on April 3. F-6. Planxxing 8v Zoning Commission -- Council Member Ross reported the March 12 meeting minutes were included in the packet and reviewed discussionsJactions taken. Ross noted administration should be prepared to comment on proposed airport rezone with regard to maintaining some buffering between airport and adjoining non-airport properties. Porter requested pictures of sheds and conexes for visual examples to be included in the next council meeting packet. I-7. Miscellaneous Commissions and Committees I-?a. Beautification Commtttee -- Council Member Swarner reported she would not be able to attend the March 25 meeting and Mayor Porter stated she would attend for her. I-7b. Alaska Municipal League Report -- Council Member Smalley reported on the progress of SB 72, the revenue sharing bill. 60 KENAI CITY COUNCIL MEETING MARCH 19, 2008 PAGE 14 of .I6 I-7e. Mini-Grant Steering Committee -- Mayor Porter reported applications would be due on April I5. ITEM J: I2EI~ORT C6F THE MllYOR -- Mayor Porter noted the foIlowing: • She met with representatives Gf British Petroleum and discussed how They could improve relations in the area, better support non-profit groups, and opportunities for local employees to take a more active role in the Local communities. • Requested council consider printing a city newsletter again, using Legislative budget funds. She stated she would bring costs to the next meeting. Vice Mayor Swan~er reported she attended the ribbon-cutting ceremony for the new Alaska USA Credit Union and had a bouquet of flowers delivered on behalf of the city. ITEM K: ADMINISTRATION REPC3RTS K-l. City Manager -- City Manager Koch reported the following: • HEA has petitioned the regulatory commission for an increase and would affect the building of the upcoming city budget. • ,Administration was in the process of making an offer to purchase three properties on the west side of the airport (one 20-acre and two 40-acre parcels). • He was working an the Tier II grant application to the Rasmuson Foundation related to the library expansion project. • Referring to the memorandum included as an information item in the paCKet, reglteSted a $2C.^vfi fec ~i7e Cl-iar~ed for uiE il}3iaiy pcrSiinn2l tG prGCYGr tG'StS. There were no objections. • Reported on his recent trip to Juneau and discussions with legislators and Governor. • He would be traveling to Washington, DC in the middle of April to lobby. for city projects. • He would discuss the feasibility of the city doing a population survey at the next meeting. He noted, an individual study would be very difficult and costly. • Would continue discussions related to a. volunteer program at the fire department. • Letters of Engagement for Airline Operating Agreements were sent with the intention of having them in place by June L • .Administration was finalizing airport rates and fee schedules. Council Member Eldridge noted the latter from Habit for Humanity included in the packet and asked council to consider paying outstanding taxes Gn the properties discussed in the letter. He noted, something similar had been done in the past and suggested a second consideration be made. Koch noted direction from council was needed and added, he had made the same offer to another group for other lots and 61 KENAI CITY COUNCIL MEETING MARCH 19, 2008 PAGE 15 of 16 that process was moving forward. Council Member Smalley noted his service on the Central Peninsula Habit for Humanity Board of Directors (for which he received no payment) and reported the Soard felt the $23,000 would be better spent going into building a home and felt the city should consider donating the land. I.-2. Attorney -- No report. R-3. City Clark -- No report. ITEM L: DISCUSSIQIV L-Z. Citizens (five minutes) -- None. L-2. Council Soyle -- Na comments. Molloy -- Referring to the comment of the increase in electricity costs, suggested the city consider an energy conservation audit. Ross -- Reported he would not be attending the next council and Planning 8v Zoning Commission meetings. Council Member Smalley reported he would attend the Commission meeting in his place. Eldridse -- No romments. Smalley -- No comments. Porter -- No comments. Swarner -- No comments. ITEM M: PENDING LEGYSLATION (This item lists legislation, which will be addressed at a later date as noted.] EXECUTIVE SESSIUN -- None Scheduled ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approumately 9:30 p.m. 62 KENAI CITY COUNCIL MEETING MARCH 19, 2008 PAGE 16 of 16 Minutes submitted by: Carol L. Freas, City Clerk *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 represenfafives may nat move or second items during a council meeting, 63 C `.~ y 0 6NY 0 6~i fV N e O P ~ 0. a a8 0 i > . r u. i a ~ Z t y:. P ~ F ~ e -e t ~ V ZI ~ ~ M m Q M ~- 45. M M ~ ~ W W 1= 1- J J H W a N ~ p O ~ 11_ ~~ ~ ~ r Q U_ U W <? W L' O ~ Q W ~ W 4 ~ w H ~ W S O O O Q O O O Ci O O cJ O ~ O m rn O o O O N N h h r M M F- H ~ a U U w W s s ~ ~ ~ ~ W W r r N ~ Z O 64 Z ° ~ O 61 y [ll a a c~ ¢ o ,~ m 7 F ~ ~ ~> Q Q U W ~ Z ~ T ~ U g U ® °c a ~ a cv ? ° ni W 4 a J ~ U Y ~ CC tl3 O li. ~ ~ W ~ ~ Z O ~ J a ~ U ~ O 4 A ~ Q w z O. C3 ~ ~ ~ o G °,~ O It O J H O N Z ~ o fV W U K w N w °' a a v a w 0 f- ~` a ~ w ~ 0 ~ o () M 4L. ~ qY w U W ~ W d ~ w °' ~ O vvi O y d S d ~ t7 ~ Z ~ yeti? Z W ~ W ~- r o z W ~ ~ o a > z 0 0 0 0 ~ °o 00 0 o a O o coo of N a J o N • O s o 9 N ~ N' J a o. Q i s LL ~ O J a z ~ W ~ W 's =' U ~ O ~ U h 2 0 U Q O 0 Z w w J a a ~ ~ ~ ..I C7 O Z O N ~ J J d ~L O y F w w W U J c~i> a y a O a w 0 ~ J O U J = = W U J O J ~ U d } C7 p Z S U w 0 > ~ ~ S r a w 0 a z u a Y ~ ~`1 W n C O Z X W W O w a ~ w ~ ~ c U ~ Z u O O O O O N W U w K W H a O U F d W O Z 0 z O M w U w W N a O U IrL r O J O Z S U W H z w O Z O O O h o] r r O Z O z w Q x 0 CO 0 M r ~_ w 6 0 Z O O U Z W N a J x Suggested by+: Administration CITY OF KEIdPsI ORDINANCE BIBZ. 8298-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY ~w260,000 IN THE GENERAL FUND TO PURCHASE AIRPORT LAND IN THE AREA OF THE PUBLIC SAFETY BUILDING. WHEREAS, the land upon which the Public Safety building is situated and the adjacent parking areas are Airport Land; and, WHEREAS, the Airport Consultant believes the General Fund must either purchase the land or pay rent on it; and, WHEREAS, since the Public Safety building and part of City Hall is located on Airport Land, it is in the best interest of the City of Kenai for the General Fund to purchase this property rather than pay rent at the rate of 8% of value; and, WHEREAS, the appraised value of the property described as Lpts 6-10, Block 1, Fidalgo Commercial. Center is X260,000; and, WHEREAS, funds are available in the fund balance of the General Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fend increase Estimated Revenues: Appropriation of Fund Balance $260,000 Increase Appropriations: Land Department -Land $260,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of April, 2oa8. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~ 1~~ {03/24/2008) hl Introduced: April 2, 2008 Adopted: April 16, 2008 Effective: April 16, 2008 66 Suggested by: Councilor Boyle CITY OF KENAI ORDINANCE NO. 229-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.200(a)(2) TO INCREASE THE SIZE OF ACCESSORY STRUCTURES ALLOWED IN SETBACK AREAS FROM ONE HUNDRED AND TWENTY (120) SQUARE FEET TO TWO HUNDRED (200) SQUARE FEET WITH NO SIDE OR END OF THE ACCESSORY STRUCTURE LONGER THAN SIXTEEN { 16) FEET UNLESS THE BUILDING OFFICIAL GRANTS A WAIVER FOR GOOD CAUSE, TO DEFINE ONE (1) STORY HEIGHT, AND TO INCREASE THE DISTANCE FROM THE AD~TOIIQING LOT. WHEREAS, KMC 14.20.200(x)(2) now allows for accessory structures of not more than one hundred twenty (120) square feat and not more than one story in height to be in setback areas provided they are not closer thsuz three feet to the adjoining lot; and, WHEREAS, limiting the size of such accessory structures to one hundred twenty (120) square feet is too small for many items to be stored in; and, WHEREAS, increasing the size of such accessory structures would allow for more inside storage without the added expense of another out building, thus reducing outside storage in yards; and, WHEREAS, increasing the distance to side setback would insure larger structures do not adversely affect adjacent properties; and, WHEREAS; allowing larger single storage builduigs would decrease the need for addirio„?} burldmgs m yards; anal, WHEREAS, e~sting setbacks far sheds above one hundred twenty (120) square feet cause a significant loss of usable yard space; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 14.20.200(a)(2) to increase the size of allowed accessory structures in the setback from one hundred twenty (120) to two hundred square feet and to increase the distance from the adjoining lot to five feet (S~. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.200 is amended as follows: Y,MC 14.20.200 Accessory structures. (aj Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: 67 Ordinance No. 2299-2008 Page 1 of 2 (1) In an RR and RS zone, the minimum front yard setback for all unoccupied attached or detached garage or carport shall be ten feet (10'); (2J Covered but unenclosed passenger landn~gs, or storage sheds of not more than (ONE] two hundred. 200 [TWENTY (120)] square feet, with no waiver for eood cause, and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than [THREE FEET (3'); five feet (5') to an adjoining lot; (3) Unenclosed outside stairways, fire escapes, porches, or landing places as v.~el1 as cornices, canopies, eaves, a_nd other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three feet (3') o£ any lot line; (4J Unenclosed outside stairways, fire escapes, parches, or Ianding places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required front yard except within ten feet (10') o£ any tat line; (5) A detached accessory building may be permitted to occupy a rear yard; provided that, not iTiolt tYian one-third (1 /3j of the total. area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)(2j, setbacks, per development tables, must be maintained if the structure is larger than two hundred {200) sauare feet [REQUIRES A BUILDING PERMIT]. (6) For purposes of this section one (11 story in height is a maximum of sixteen feet (16'1 high as measured from the ground to the top of the peak of the roof. PASSED BY THE COUNCIL OF THE C1TY OF KENAI, ALASKA, this 16th day of April, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 2, 2008 Adopted: April 16, 2008 Effective: May 16, 2008 68 COUNCYL d~NngpAGIryNCryv MEpETIN~r KENAi SENIOR CENTER ?:VV P.M. A6AENLiA aTEM I: CALL Td dRDER ~ RoLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPRdVAL OF MEETING SUMMAR~° -- January 10, 2008 ITEM 4: PERSONS SCHEDULED Td BE HEARD ITEM 5: 4LD BUSINESS STEM 6: NEW BUSINESS a. Discussion -- AgeNet b. Discussion -- Budget c. Discussion -- Meal Donations ITEM ?: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8: QUESTIONS & COMMENTS ITEM 9: PERSONS NOT SCHEDULED Td BE BEARD ITEM 1(3: INFORMATION a. Council Action Agendas of February 20 and March 5, 2008. ITEM I I: ADJOURNMENT 69 COUNCIL ON AGING MEETING MARCH I3, z®ms KENAI SENIOR CENTER 7:00 P.M. CHAIR JOANNA HOLLIER, PRESIDING MEETING SUMMARY ITEM 2: CALL TO ORDER & ROLL CALL Chair Hollier called the meeting to order at approximately 7:15 p.m. RoII was confirmed as foIlows: Members present: E. Jones, J. Hollier, V. Getter, B. Osborn, M. Milewski, L, Flowers Members absent; R. Jurgensen, H. Bronner, F. Wilson Others present: Senior Director R. Craig A quorum was present. ITEM 2: AGENDA APPROVAL A request was made to include an Item 6-d, Discussion/By-Law Amendment. Member Osborn MOVED to approve the agenda udth the addition of Item 6-d and Member Flowers SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- January 10, 2608 MOTION: Member Geller MOVED to approve the January 10, 2008 meeting summary as submitted and 1l2embeT Jones SECONDED the mpt1QR. There were no objections. uSJ ORDERED. ITEM 4: PERSONS SCHEDULED TO SE HEARD -- None ITEM 5: OLD $USINESS -- None ITEM 6: Es-a. Discussion -- AgeNet Director Craig shared information related to Home and Community-Based Services senior grants, the low increase in level of funding over the last ten years, growing senior numbers, high cost of food and gas, etc. C-kr. Discussion -- Budget Craig reviewed senior budgets and noted fund grant requests were coming due in March and April. 70 6-e. Discussion -- Meal Donations Craig reported donations for meals were Iow and discussion took place related to smaller portions, cutting the salad bar down fi-om greens and three items to offering only greens and one item, etc. b-d. Discussion -- By-Law Amendment A request was made to amend the by-taws to allow for naming Fiocla Wilson as an honorary member as she had been a charter member of the Council on Aging and, due to illness had not be able to attend Aging meetings during the past year. It was anticipated, Wilson would then be replaced on the membership roA. MOTION: Member Osborn MOVED to change the by-laws to aIlow for honorary members and name Fiocia Wilson an honorary member. Member Geller SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-a. Council on Aging Chair -- No report. ?-b. Director -- No report. ?-c. Council Liaison -- No report. ITEM 8: QUESTIONS & COMMENTS A request was made to cancel the April meeting due to absences of Members Osborn and HolIier. The next meeting would. be on May 8, 2008 at 7:00 p.m. at the Senior Center. ITEM 9: PERSONS NOT SCHEDULED T® BE HEARD JoAnn Buzzell -- Questioned the criteria for moving into senior housing. Craig referred to the Council on Aging By-Laws and explained its purpose was for "advising the Director of Senior Citizens Programs on matters deal with the budgets for senior programs and programs operated at the Senior Center.." Craig offered to speak with anyone in senior housing with issues individually as well as discussed criteria for livv7g in the senior housing facility. Earl Jones -- Stated concerns of not having an assisted living facility in Kenai and his support of developing garages for residents of Vintage Pointe. ITEM IO: COUNCIL ON AGING MEETING MARCH 13, 2008 PAGE 2 71 1®-a. Council Action Agendas of February 20 and March S, 2008. rrEa~ i r: r~n.rauRNMErrr Ma~rrc~rr: Member Jones M®VED to adjourn and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 9:00 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING MARCH 13, 2008 PAGE 3 72 CITY QF I{E1lTAI PLANNING & ZONING C®MIVIISSION AGENDA CITY CGUNCIL CHAMBERS March 26, 2005 - 7:00 p.m. I. CALL TO ORDER: a. Rotl Catl b. Agenda Approval a Consent Agenda d. xEscused Absences - Commissioner Romain *Al1 items listed with an asterisk (*} are considered to be routine and nairconiroversial by the Commission and wi11 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. *APPR(J~JAL OF MINUTES: a. "`March 12. P008 3. SCHEDULER PUBLIC COMMENT: (10 Minutes} 4. C4NSIDERATI®N OF FLATS: a. PZ08-16 -Seaman Subdivision 2008 Replat - A resubdivision of Lots 1 and 2 Seaman Subdivision No. 1, Tract D Hayes Subdivision and Lot l Youngblood-Warren Subdivision acid ti acation of Hayes Avenue. Plat submitted by Integrity Surveys, 8i95 Kenai. Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ08-14 - An application to amend Conditional Use Permit PZO1-71 for Guide Service and Boat Parking to include Lodge for the property known as Lot 9, Anglers Acres Subdivision, Part 3 (1135 Angler Drive), Kenai, Alaska. Application submitted by Dan Haak, 1087 SW Spring Street, Mill City, Oregon 97360. 6. f3LD BUSINESS: 7. NEW BUSINESS: 5. PENDING ITEMS: 9. REPGRTS: a. City Council b. Borough. Planning c. Administration 73 10. PERSONS PRESENT NOT SCIIEI3ULEI}: (3 ivlinutes) 11. IlVFORMATItDN ITEMS: a. Zoiring Bulletin (2125/08) b. Kenai Watershed Forunl Nev~~sletter 12. COMMISSION COMMENTS & QUESTIOieTS: 13. ADJOURNMENT: 74 ITEM I: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:Ofl p.m. I-a. Rozl caul Roll was confirmed as follows: Commissioners present: R. Wells, J. Twait, P. Bryson, K. Koester, A. Baldwin, T. Wisniewski Commissioners absent: S. Romain (excused) Others present: Acting City Planner N. Carver, Council Member R. Ross A quorum was present. I-b. Agescda Approval MOTION: Commissioner Wells MOVED to approve the agenda as presented and Commissioner Wisniewski SECONDED the motion. `v'v a E: There were no objections. SO ORDERED. 1-c. 'Consent Agenda MOTYON: Commissioner Bryson MOVED to approve the consent agenda as submitted and Commissioner Baldwin SECONDED the motion. VOTE: There were no objections. SO ORDERED. I-d. *Excused Aizsences -- Commissioner Romain Approved by consent agenda. ITEM 2: Al'I'ROVAL OF MINfFTES -- March 12, 2008 75 Approved by consent agenda. ITEM 3: SCHEIIULEII PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZOS-16 - Seaman Subdivssioxa 2008 Reptat -Are-subdivision of Lots 1 and 2 Seaman Subdivision No. 1, Tract D Hayes Subdivision and Lot 1 Youngblood-Warren Subdivision and Vacation of Hayes Avenue. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, A1asl~a. Acting City Planner Carver reviewed the staff report included in the packet and noted the following: • The plat would re-subdivide four existing lots and create two ]anger lots, Lot lA and Lot 1B. • The vacation of Hayes Way (Hayes Avenue) would provide access to existing Lot 1 of Youngblood-Warrant subdivision via a panhandle to the new Lot 1B. • The parcels were located in the Suburban Residential Zone, The parcels met the minimum lot size for the zone; city water and sewer served the subdivision. • No installation agreement was required. Additionally, a utility shed was lacated on the current Lot 2 which appeared to be non- conforming and encroached into the setback; the plat would not increase the non- conformity; aresidence was located on the current Lat l; and, the city had an as-built of the structure an file and it showed no encraachrnents. Carver reported staff supported approval with the fallowing recommendations: i. t'_.~arreet Spelling of StTe>.> n a,Ti.,~ . ayes >>......~.. and ~if4:11 A. en ii... 2. List al.l property owners. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. MOTION: Commissioner Wells MOVER to approve PZ08-15, including staff recommendations. Commissioner Wisniewski SECONDED the motion. Commissioner Bryson staled he would recuse himself from voting as there would be a vacation following and the plat would be before him at the Borough level. Additional comments included: • The shed was non-conforming and would not be able to be increased and was grandfathered. PLANNING ~ ZONING COMMISSION MARCH 26, 2008 PAGE 2 76 • The area was previously owned by Peninsula Sanitation many years ago and sanitation trucks had been parked in that area. VOTE: ITEM S: PUBLIC FIE GS 5-a. PZ®8-I4 - An application to amend Conditianal Use Permit PZOl-71 for Guide Service and Boat Parking to include Lodge for the property known as Lot 9, Anglers Acres Subdivision, Part 3 (1135 Angler Drive, Kenai, Alaska. Application submitted by Dan Haak, 10$7 SW Spring Street, Mill City, Oregon 97360. Carver reviewed the staff report included in the packet noting, the applicant wished to include lodging to the Conditional Use Permit which had been issued in 1996; there were 18 other active conditional use permits on Angler Drive and 15 of them offered lodging; and, the amendment would provide a use similar to other uses operated in the area and appeared to be reasonable. Carver also noted, administration supported approval with the following requirement: • Prior to the permit being issued, an initial fire inspection be conducted and every other year thereafter. The fleer ~n~as opened for public hearing. There being no one wishing to be heard, the ,_ public hearing was a~sed. MOTION: Commissioner Bryson MOVED to recommend approval of PZOS-14 with the inclusion of staff recommendations. Commissioner Wells SECONDED the motion. Commissiari questions/comments included: • If approved, would the proposed use be compatible to a Recreation Zone. Carver answered yes. • Would a lodge be a permanent structure. Carver answered yes, the current structure would serve as the lodging. VOTE: I Wells Yes Twait I, Yes Bryson Kecusea Koester Yes Baldwin j Yes Wismewski Yes PLANNING ~, ZOA'ING COMMISSION MARCH 26, 2008 PAGE 3 77 MOTION PASSED UNANIMOUSLX. Romain Absent ~ MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSYNESS -- None. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 4-a. Csty Council -- Council Member Ross reviewed the action agenda of the March 19, 2008 council meeting with comments including: Ordinance No. 2287-2008 (related to accessory structures/conex-type structures) had been postponed to the Aprii 2, 2008 meeting in order to give the public more time to consider the suggested changes. • Ordinance No. 2288-2008 (related to landscaping/site plan amendments) was amended, removing requirements for residential lots, and passed. g_h, Baraugh Planning -- Referring to the March 24, 2008 meeting agenda included in the packet, Commissioner Bryson reviewed actions/discussions taken at the meeting. 3-0. .Administration -- No report. ITEM 1Q: PERSONS PRESENT NOT SCHEDULED (3 Minutes) Kristine Schmidt, 513 Ash Avenue, Kenai -- Reported she was disappointed with the conex ordinance as she was hoping a work session would have been held with Council and the %ammission; believed there were many goad points made during tl-ie Commission's review; and, did not believe that work had been reflected in the comments made during Council's consideration at its March 19 meeting. Ross encouraged the commissioners to attend the April 2 council meeting and added, the ordinance was postponed in order for the public to have more time to consider the proposed amendments, i.e. prohibition of barn-shaped sheds, precluding many shed types being purchased, etc. Concern was stated the current farm of the ordinance would require the roof line of a shed to be the same as the house on the property and that requirement was not one suggested by the Commission. ITEM.' 11: INFORMATION ITEMS 11-a. Zoning Bulletin (2/25j08} 11-b. Kenai Watershed Forum Newsletter PLANNING & ZONING COMMISSION MARCH 26, 2008 PAGE 4 78 LTEM 12: C®MML83LOId CCIMMENTS & QUESTIONS Baldwan -- Announced her resignation from the commission effective immediately. Wlsnaewskl -- No comments Wells -- Reported he would be absent from the area the last two weeks of April, all of May and three weeks in July. He added, he would submit the dates of his absence in writing to the City Clerk. K®ester -- No comments. Bryson -- Reported he would be absent for the April 9 Commission meeting. LTEM 13: ADJOURNMENT There being no further business before the Commission, the meeting adjourned at approximately 7:29 p.m. Minutes submitted bv: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MARCH 26, 200$ PAGE S 79 /r.:' ~+' ~'~ ~'r '«° __ .a ua.<.~~r~ MAC ~ ~ Za~$ I ~ ~~~~~ ~„ _ ~' ~~, ,/~.~F~.L/df"x_r~ v~ r~~.~f/'~'~ ~~t.,l.!_t:.i' ~',,~,eLd i-l ''e f °~,~~~~~i~~ ', `i~~_.. v j l~ i~ ' ~ ~ 80 i ~~\ :¢.-- CITY C)F I~E1~1AI "Vdltage with apast -City wtt& a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COIVdMITTEES AND ~~~~~E~ JAN ~ ~ 200E DATE: / < / 1Y / G`J ~"~ NAME: ~_~.,_~ f Resident of the City of Kenai? Residence Address ,~7 5 ~i, 4"`- RETURN TO: KENAI CITY CLERK 220 FYDALGO AVENUE KENAI, AK 59612 PHONE: 283-7535, EXT. 23i FAX: 283-5068 How long? ~' Mailing Address riome Telephone iVa, Home Fax Na. Business TelephonelNo ~.~ Business Fax No. ~ Email Address: rYiv~ ~ ~_ ~~~ ~liz~"7 May we include your contact information on our web page? LL If not all, what information may we include? NAME OF SPOUSE: Job Title Current membership in organizations: f Past organizational memberships: /~,8°a~~ld3a-a C'~~. `7~" CJC-~'"~ ~C OR COMMISSIONS IN WHICH YOU ARE INTERESTED: iOHY DO YOU WANT TO BE YNVOLVED QITITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, 6R CREDENTIAL5 DO YOU POSSESS TO SRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Signature gl LEC-29-2007 04:39 PM ~~;~ /, JERRY. BROOKMpN DATE: Dscamlaer 29. 2007 R&R`URRft TO: i{ENAI CITY` CL>ORK 210 FIDALQO A'F71$[dVE KENAI, AK 94611 FKOI~: 283.7635, SaXT. 231 SAX: 258-SD65 NAME: Gerald R Sraokman (aka Serry Brookman) Resideat o£ tltc CYty a$ Kenai? Yas klow loag? since November 1978 Resideace Address 715 Muir Avenue Msiliag AdBrees 715 Muir Av„exyus _ ,„„,Homo Telephone No. 28 - 2 _„_,.__ Home Face No. Business Toiephono No FiusineesFaxNo. Email Address; ~--^^'xmAn~ag+~= n>r May we include yeur contact information on our wob page? ALL Yf net all, what inFor1na11on may we include?YF.~:3-(IP' T am aoaraiat ~.5~_?'?7C--Pa=~~~°n f •"{^'• r ~,~ oFp]_~na1 --- Federal Aviation Administration (retired EMPLOYER: 15f30./i990~ after 28 veers LO months ser53b9~PitteElsctranics Technician NAME OSSPO'UBE: ,ianet E 8rookman (married since Mav 58 5472) Cs.rreslt ar-i0uca$FSi'sip iu 3agpaSfitiGR°n: '1Ji v ei T? emm. nn,m n nr~allilTiM Ci}'EF'T Feat orgsaiwatioaai mottt6asshipa: PLEASE SEE ATTACHED ADDENDUM 5HEE2 COMMITTEE® OR CpMMIBBION$ IN t9HICYi Y'OV A1tE INTERESTED: [~ +~ F u nai P~ anni ng and oni ommia ion WH1' DO YOrT WANT TO BB INVOLVED i1SI,TH TIiIS COMIVIISSION OR COMMYTTEE? I believe that. land use is verv im~portant~_to~_the,,,,qua~.ity of 11fe in our city WHAT BACIi4RDUND, EXPERIENCE, OR CREDENTIALS DO YOLI POSSESS TO $RINf~ TO TAE $4AARD, sa.nwse®v®ninWY nri: PMAR9M4MT4P.1F. M9P.ARRW!12 PdFYCA? d. 907 283 7180 :'• 01 ~I'T~ F l~IAI °' Vilinge with a pazst-City with a future. " BACK4&ROCEND a4NI3 PZER80NAL DATA IIIDATEB FOIB INTMEN7` COMMITT$E8 ANiO 82 DEC-29-2007 04:39 PM JERRY. SRLItlKMFiN 907 283 T180 P. 02 Addandum to 16aakgravnd and personal data Candidates for Appointment Gommittesa and Camizsissiaus - Gity of Kenai C~eraid R. Sraakm6a Current naemberBhip in organizationa: Natiox~l Riffs AsBOaiatian (Life Member) Marine Corps AsBaciation (Life Member} Oil Spill Pr®ventian $e Response Con~iittee, Prinee wittiam Bound. Regional Citizens Advisory Counafl {1999 - Prasexzt; ChB.tr, 1898 - 2C~9) (Received Coannaittee Member of tlas 'Y'ear award four times; Volunteer of the Yeas award anae} Prevention, l~sponae, 0paratiana ~ 8afetlr Committee, Coak mist Regional Citizens Advisory Councfl (1898 - Present) (Received Committee 11liembsr of the Year award twine.} Past or$anizationai memberBhips: Eoard of Directors, Ksuai Peninsula President, 1899 - 2000 (ens year) food '!.: 198' • 2000 (three years); RBCent volunteer activitie6: Acted as Chief Engineer, Pickle Hfl1. Pabiio Hroadcestiug (KDLL}; part of the time as a volunteer, pest of the time es paid eanpiayee Volunteer driver, treasporting veterans between S~enai-Boidotna area and the V.A. Clinia and ether health care fac111tie6 in Anchorage; generally twice/month; 2002 - preBent. other: riIllieGedlIl U.B.lUiar~ae t$Orb7C3 r%i/i99~; Worsen vpctvran. ~4k318aS°vdf!'C~ ®Ctt;rn duty es Sergeant, 9/30/1955. Received Honorable Discharge. Licensed ae Amateur Radio operator, 1991 -Present; currently hold advanasd claBS license Private Picot, Airplane, Single Engine, baud and, Bea (not currently active) 83 ICENAI BEAUT%FICATION COMMITTEE MEETING MARCH 28a 2008 7:%}Q P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER ~ ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- January 8, 2008 ITEM 4: PERSONS SCHEDULED T`O BE HEARD ITEM 5: OLD SUSINESS a. Discussion -- Banner Selection ITEM 6: NEYS BUSINESS a. Discussion -- Flowerbed Designs/Circle Planters and Boxes b, Discussion -- Volunteer Plant Date a. Discussion -- Americana In Bloom ITEM 7: REPORTS a. Committee Chair b, Parks & Recreation Director a Kenai City Council Liaison YTEM ~: QUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD %TEM IO: INT`ORMATION a. City Council Action Agenda of March 5, 2008. b. Parks 8v Recreation Commission Meeting Summary of January 3, 2008. a Helen B. Brown Letter of Resignation d. 2/21 /O8 City Clerk Memorandum/Preparation of Commission/Committee Packets. e. Landscape/Site Plans for Review ® Tract 1, Baron Park 2005 Replat (Wal-Mart Real Estate Business Trust] • FBO Subdivision ^vLM Addition No. 2, Lot 3A-1, Block 2 (GLM Building Addition) • Lot A, Baran Park 2006 Replat & Lot 1B-4 Baron Park Lowes Access (Lowe's HIW, Inc.) 84 Lot 9A, Block 5, C:eneral Aviation Apron Subdivision (Arctic Barnabas Ministries) ITE1Vd 11: ADJOi7f2NNIENT 85 I{ENAI SEISUTIFICpAT(~ION/ycCOIyMMp~~®ITTEE MEETING MdBR V[gH~y6 J yp pdf ®V O 7:V61 P.dYl• IiENAI COUNCIL CHAMBERS CHAIR I{AY SHEARER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Shearer called the meeting to order at approximately 7:15 p.m. Roll was confirmed as follows: Members present: M. Dimmick, L. Seymour, K. Shearer, P. Baxter Members absent; S. Hatch and M. LeFebise Others present: Parks & Recreation Director B. Frates ITEM 2: AGENDA APPROVAL A request was made tc add as Itom 6-d, Discussion/Garden-of-the-Week Sig:. MOTION: Member Dimmick MOVED to approve the agenda with the addition of New Business Item 6-d, DiscussionJGarden-of-the-Week Sign. Member Seymour SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- January 8, 2008 MOTION: Member Baxter MOVED to approve the January 8, 2v08 zr~eeting surnrriary as presented and Member Seymour SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO SE HEARD -- None. ITEM 5: OLD BUSYNESS 5-a. Discussian -- Banner Selection Discussion included: Funds were approved for the purchase of 39 banners. Four of the banners should include "Welcome to Kenai," six would be half-sized banners for Memorial Park; and, two "Kenai River Marathon" banners. The remaining 27 banners woixld be stock designs and placed along Spur Highway and Airport Way. After a lengthy discussion, the membership recommended the purchase of one salmon banner to be placed near the clock and the "Welcome to Kenai' banners include a fish 86 design with lettering across the top. The remaining banners were to include scenes as discussed. MOTIQN: Member Dimmick MOVED to order 39 banners with various themes as discussed with quantifies of each to be determined by Director Frates. Member Seymour SECONDED the mofion. There were no objections. SQ O12DERED. LTEM f: NE~i7 SUSINESS 6-a. Discussion -- Flowerbed Designs/Circle Planters and Boxes Frates reported the following: • Flowers for the circle planters and boxes had been ordered "but consideration could still be given to adding flowers if needed. • Due to last season's poor performance, a substitute for verbena was needed. Discussion included comments as follows: • Crystal Palace lobelia and Ivy Geraniums were chosen as substitutes for verbena. • Ivy geraniums and nasturtiums should be placed in the planter boxes. • Some of the circle planters should include lobelia, poppies, flowering kale and Russel's Lupine. ~aTioN: Member Dimmick MOVED to make changes to boxes and circle planters as discussed and Member Baxter SEC®NDED the motion. There were no objections. Sd QF~DEi?ED: 6-ta. Discussion -- Volunteer Plant Date Upon discussion, the volunteer plant date was scheduled for Saturday, June 7, 2008 from 10:00 a.m. to Noon. A request was made for an invitation to be sent to the Kenai Garden Club and notices sent to the Cooperative Extension Service. 6-e. Discussion -- America In Bloom Frates noted, at the last meeting, he requested the Committee to review ideas from other communities from information included in that packet. He noted,. with the historical cabins being relocated, there were possibilities for joint work with the local garden club: Upon discussion, the Committee recommended they listen for any other landscaping projects that may be available related to the cabin relocation project. 6-d. Discussion -- Garden-of-the-Week Sign BEAUTIFICATION COMMITTEE MARCH 25, 2008 PAGE 2 87 Discussion took place related to the sign and its condition. Frates reported the sign was in good condition. Discussion followed related to enhancement of the program and several ideas were generated. It was requested the issue be included on the next agenda for further discussion. ITEM 7: REPORTS 7-a. Committee Chair -- No report. 7-b. Parks & Recreation Director -- Frates reported the following: A bronze plaque with names of the City Charter signatory would be placed at Memorial Park. A map of Memorial Park would be included in the next packet for banner placement discussion. 7-e. Keaai City Covneil Liaison -- No report. ITEM 8: QUESTIONS AND COMMENTS -- None. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATYON IO-a. City Council Action Agenda of March 5, 2008. 10-b. Parks &, Recreation Commission Meeting Summary of Sanuary 3, 2008. YO-c. Helen B. Brown Letter of Resignation 10-~. 2 j21/08 City Clerk Memorandum/Preparation of CommissioniCommittee Packets. 10-e. Landscape/Site Plans for Review • Tract 1; Baron Park 2005 Replat {Wai-IViart Real Estate Business Trust) • FBO Subdivision GLM Addition No. 2, Lot 3A-l, Block 2 (GLM Building Addition) • Lot A, Baron Park 2006 Replat & Lot 1B-4 Baron Park Lowey Access (Lowe's HIW; Inc.) • Lot 9A, Block 5, General Aviation Apron Subdivision {Arctic Barnabas Ministries) ITEM 3I: AD30URNMENT There being.no further business before the Commission, the meeting adjourned at approximately 9:50 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk BEAU"1'IFICATION COMMITTEE MARCH 25, 2008 PAGE 3 88 ~' "f/i'lla~e witdr a Past Gity with a Future -~~~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~,~~ _ Telephone: 907-283-7535 /FAX: 907-283-3014 -:. ' ..,~ - ..~:- 1991 t{lP. ~G[LyOf I(ENA~ SKA MEMO: TO: City Council FROM: Rick Koch DATE: March 27, 2008 SUBJECT: Airport Reserve Rezone The purpose of this correspondence is to transm,i,t the minutes from the Planning and Zoning Commissiml {P & Z) meeting of March 12, 2008, regarding the above referenced matter. The Airport Commission requested that administration forward their request for a rezone of property within the airport reserve from conservation and rural residentia3 to IighC industrial. Their request was forwarded to P & Z where the motion passed. unanimously, with one commissioner excused and ono a'nstainiaa~. The administratiotl recommends no action by the Cottne9l at this time. Administration is negotiating with adjacent property owners about the purchase of properties to add to the airport reserve, and fitture airport development patterns are not known. If rezoning is required to support airport development it can be addressed on a case-by-case basis. Thank you foryour attentian in this matter. 89 Favored a one start' shed. Pitch in a 12-foot roof would not allow far much storage. Discussed barn-type roofs. MOTION TO AMEND: Commissioner Bryson MOVED to amend Resolution P7A8-10 paragraph a(6) changing 12 feet high to 16 feet high, measuring from the g7ound to the peak of the roof. Commissioner Wisniewski SECONDED the motion. VOTE QN AMENDMENT: i Romain NO Wells YES 'Irvait YES B son YES Koester ( YES f Baldwin ( EXCUSED Wisniewskf ~ YES ~ ~ I MOTION TO AMEND PASSED. VOTE ON MP1N AMENDED MOTION: Romain NO Welis YES Twait YES Brvson YES Koester YES Baldwin EXCUSED Wisniewski ~S ~ ~ ~ ~ MOTION PASSED. 6-b. PZ08-I3 - An application to rezone approximately 1166 acres of City of Kenai. property located within the Airport Reserve from Conservation and Rural Residentfal to Light Industrial. Application submitted by Rick Koch, City Manager, City of Kenai, 2 i 0 F idalgo Avenue, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting this was requested through the Council by way of the Airport Commission, rezone meet the Airport Supplemental Master Plan and Comprehensive Pian, and this would be an amendment to the code requiring a public hearing by Council. Twait opened the meeting to puialic hearing. Henry ICnaekstedt, 1602 Bambara Drive, Chair, Airport Commission -- Reported the Airport Commission voted unanimously to request approval of this rezone. Les Bradley, 208 Float Piane Road -- Reported he had lived near the airport for nine years and expressed concern regarding access and the usage of Float PIane Road. There being no further comments, the gublic hearing was closed. PLANNING AND ZONING COMMISSION MEETING MARCH 12, 2008 PAGE 3 90 MOTION: Commissioner Romain MOVED to approve PZ08-13 and Commissfoner Wells SECONDED the motion. Commissioner Bryson recused himself due to conflict of interest. VOTE: Romain YES Wells YES Twait YES Bryson ABSTAINED Koester J YES Baldwin EXCUSED Wisniewski YES MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9; REPORTS 9-a. City Council -- Ross reviewed the action agenda items from the March 5, 2008 Council Meeting, noting introduced Planning & Zoning ordinances would be up for public hearing on March 19, 2008. g-la. Barouglz Planning -- Bryson reviewed the agenda from the March 10, 200$ Borough Fianning ivieeting. 9-c. Administration -- Kebschull noted there would be a public meeting on borough assessments on March 20, 2008 at 7:00 p.m. at the Challenger Center; noted a public hearing on updates for the Compreherisive Fian land use maps would be during the April 9, 2008 meeting; and, reported she would be in Hawaii for the next meeting on March 26, 2008. YTEM 10: PERSON5 PRESENT NOT SGIiEDULED -- None ITEM 11: YNFORMATION ITEMS 11-a, PZOS-12 (PZ07-4S) -Landscape/Site Pian -Arctic Barnabas Ministries, I55 North Willow Street (Lot. 9A, Block 5, General Aviation Apron Subdivision). PLANNING AND ZONING COMMISSION MEETING MARCH 12, 2008 PAGE 4 91 INk"ORM1sTIUN ITEMS KENPiI CITY COUNCIL MEETINCa APIlII. 2, 2®0~ 4/2/2008 Purchase Orders Between $2,500 and $15,000 for council review. 2. 3/24/08 Public Works Department, Project Status Report. 2J28/08 KCHS After Prom Committee donation request letter. 4. 4/ 1, 08 Kenai Peninsula Borough Assembly Meeting Agenda. 92 ~ ~ ~ o o ~ iii ~ r ~ ~ ~ ~ ~ ~ o ~ J ~ ~ o o J a o a r ~ ~ ~ Q ~ ~ ~; ~ c[ ~ Q fn (n 0.' d" J F yw_ W Z U v ij. 0 0 a a o qn ° ., N ~ N ~ J ll3 (~ [A u. ~ p t1J ~ ^ ~ ~ W o Lli n~ -c~i z 0. CS z w a ~ ~ x U w 4 z Q Q LL O Z W Z w L4 O ~ ~ R. z T„ a ~ Q U v U ~ ~_ U ~ W ~ U Q ~ a J Q N ? U J ~ ~ p Z w ~ qW ~C. 47 Z W Q g ~ ~ ~ O ~> 4 ~ 2 Z d O {"' 2 ~ X to 4 93 R o ( e ®~ (/~ ~(j~ ~ ~~~~ NC=Non-Construction L -Jack Ls Sho( F=Future RS - Rober! Springer MK -Marilyn Kebschull STIP=State Trans. Imp Jet -Jan Taylor A/R1GJF~ CtCy Gmltaut Project Name Status. STIP H JL Airport Runway Safety Generators installed and tested. Zone/Extension A JL AP Urea Storage Building Project has been designed. UJaiting for funding to go out to bid. A RK Kenai River bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring wells. A RK LID's -Shamrock Circle Will be scheduled for paving during this year's projects. A RK Marathon Road Improveme nts Engineering underway. A JL Public Safety Garage Preliminary plans developed. City needs to initiate replat. A RK Thompson Park LID Wm. J. Nalson & lssociates is working on the engineering design. Project is be bid this spring. A RK Water System Drilled one well in Eagle Rock area, but arsenic levels were loo high. Testing near well houses, golf course, and boat launch areas. A JL Wiidwood Drive Improveme nts Preliminary engineering complete. ROUJ issues. Project on hotd. F JL Contaminated Soils -Shop No funtls for further work. Page 1 of ? 94 ~~~~~~ February 28, 2D08 Dear Kenai Peninsula $usinesses, MAR .~ 7 ~QQ$ Y~ ~.im Spring is right azound the corner and so is our annual Junior/senior Prom and all that it has to offer in memories for our young people. The class of 2009 has the task of putting together Prom which is Saturday, April 12s', 2008. The parents of these hard working students are coming together to help make this a special and meaningful event by creating an After Prom. Zt is our desire to give each student a safe and fun environment for an all night extravaganza. In the past, many of you have donated either a prize or money to this fun filled evening. Please know that your donation is greatly appreciated and that the students are always surprised and overwhelmed by our community's generosity. This is also a great way far parents and students to get to know new as well as established businesses in our area. Please send any donation by March 31S` to: Kenai Central High School clo Lisa Gabriel 9583 Kenai Spur Highway Please note on your donation "After Pram 2008" Yau may also contact Lorri Daspit at 252-9050, she will be glad to pick up your donation. Thanks for ail your support. 2"he KCHS After Prom Committee 95 I~enaf F~nYnsula ~~raugh s~ 2A08 - 7:00 ,raee Merkes !ssembly President 'eat 5-Sterling/Funny River 'erm Expires 2008 'ete Sprague (ssenxbdy Vice President `sat 4'- Soldonxa erm Expires 2010 'aul Fischer tssenxbdy Member leaY 7 -Central erm Expires 201 1?argaret Gilman 9ssembly Menvber Teal 2 - Kena! !'er-~* Expires 2008 _ :noPP ?sserribly Member feat I - Kallfarnsky termExpires 2009 Ron Lang 4ssenxbly Member Seaf 6 -East Peninsula Term Expires 2009 N7dtli Martin - Assembdy Member Seat 9 - Sou[h Peninsula Term Expires 2009 Sill Smith Assembly Member Seat 8 - Flomer Term Expires 200& Gary Superman Assembly Member Seat 3 - NiktsYd !'erm Expires 2670 A. CALL T4 ORDEIB B. PLEDGE OF' ALLEGIANCE C. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS F. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk ('x) are considezed 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 ba removed fram the Consent Agenda. and oonsidered in its normal sequence on the agenda) G. APPROVAL OF MINUTES * i. March 11, 200$ Regular Assembly Meeting Minutes .......... 1 H. COMMENDING RESOLUTIONS AND PI20CLAMATIONS I. PRESENTATIONS WITIi PRIOR NOTICE {20 minutes total) d. PUBLIC COMiVIENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) I~. REPORTS OF COMMISSIONS AND COUNCILS L. MAYOR'S REPORT .....................:.................. 9 1. Agreements and Contracts a. .Approval of contract with Tinker Creek Surveys for Miller Loop Surveying Project ..................... 10 b. Approval of contract with Tinker Creek Suleys for St. Theresa Surveying Project ...... . .............. 11 Alaska April 1., 2008 .~: a Page 1 of 6 96 e: Approval of contract with Alaska Auto Transport / Chet's Trucking !" for Junk V ehicle Recycling at Central Peninsula Landfill and Homer Baling Facility ..... _., .. . ....:................... . . . I2 d. Approval to award contract to Mullikin Surveys for ASCS 2005-33, Municipal Entitlement Survey, Kustatan Ridge . ................... 13 e. Approval to award contract to Integrity Surveys, inc. for ASLS 2005- 6, Municipal Entitlement Survey, North Cohoe Loop Road tiricinity .... 14 f Approval to award contract to McLane Consulting, Inc.. for Design Services for Community College Drive Paving Project ............. 15 M. N. 2. g. Approval to waive formal bidding process and award contract to American Ramp Company far SkaEe Park Equipment for Nikiski Corrununity Recreation Center ................ . ................ 17 h. Approval to waive formal bidding process for purchase of Cisco Network Support Contracts ...................................1$ Other a. Litigation Status Report ~ March 20, 2008 ........... . .......... 20 b. KPB Safety News ~ March 5, 2008 ............................. 23 c. Memorandum from Jeanne Camp, Economist Analyst ~ Alaska Statehcad Celehraticn Committee ?:~Feeting ~ March 14, 200$ ........ 32 ITEMS NOT COMPLETED FI201YI PRIOR AGENDA -None PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2007-14-38: Appropriating $47,000 Received from the State of Aiaska Division of Forestry for Fire Repnbursement to Central Emergency Services Vehiole Maintenance (Mayor) (Referred to Finance Committee) ..... 34 2. Ordinance 2007-19-39: Appropriating $100,000 from the General Fund to the Kenai WatershedForumtoFundRestoratianPxojects atAnadromous Stream Crossings (Mayor) (Referred to Finance Committee) ..................... 38 3. Ordinance 2008-03: Amending I{PB 14,40 andKPB 20.16 to Require Special Permit Conditions for the Design acrd Construction of Anadromous Waterbody Crossings and Rights-of--Way Accessing VJaterbodies (Mayor) (Referred to Lands Conrrnittee) ......................................46 April 1, 2008 age ~ ox a 97 4. Ordinance 2008-05: Amending KPB Title 14; Road Standards and KPB Chapter 21.44, Zoning (Mayor at the request of the Road Service Area Board) (Referred to Lands Committee) ....:........ . .................. 71 Ordinance 2008-OS (Mavorl Substitute; Amending KPB Chapter 14.06, Road Standards, and Updating Section References in Title I4 and Chapter 21.44 to Revise Certificate for Maintenance Procedures, and Design and Constructien Standards, Including a Vdamanty Requirement (Mayor at the request of Road Service Area Board) (First of Two Hearings} (Referred to Lands Committee] ...............................................108 5. Ordinance 2008-07: Authorizing the Negotiated Lease of Office Space at the Former Nikiski EIementary School Building (Mayor} (Refereed to Finance Committee} ....................................................141 C3. UNFINISHIED BUSINESS -None P. NEW SUSINESS 1. Resolutions *a. Resalution2008-024: AuthorizingthePurchaseofComputersfarthe Physical Therapy Department at South Peninsula Hospital Using the Emergency Equipment Line Item of the FY2008 South Kenai Peninsula Hospital Service Area Capital Project Fund (Mayor} (Referred to Finance Comrittee} ............................:.150 *b. Resolution 2008-025: Classifying Certain Borough L and Located ir. the B~1uga Area °arsuart to IrpB 17.10.080 (R?ayor} (Referred to Lands Committee) .........................................153 *c. Resolution 2008-026: Transferring $>0,000 from the Management Information Systems (MIS) Department to Major Projects to Cover Costs in Excess of Budgeted Amounts (Mayor} (Referred to Finance Committee} ..............................................157 *d. Resolution 2008-027: Supporting the Passage of Senate Bill 122 and Similar Legislation which Raises the Current Optional Residential Tax Exemption from $20;000 to $100,000 (Superman} (Referred to Legislative Committee) .................... . , .............. , 160 ~`e. Resolution 2008-028: Authorizing Amendment to the Participation Agreement with the Public Employees Retirement System (PERS) tp Exclude the Position of Grants Manager (Mayor} (Referred to Policies and Procedures Committee) ...........................164 --- April 1, 2008 Page 3 of U 98 *f. Resolution 2008-029: Amending Resolution 2008-009 to Revise the Municipal Energy Assistance Program Proj ect Description for Hope, Inc: (Mayor) (Referred to Finance Committee) ...................166 *g. Resolutfon2008-030: Authorizing theAcgnisitionofaParroelofLand from University of Alaska, Within the CitS~ of Homer (Mayor} (Referred to Lands Committee} ....:..........................169 *h. Resolution 2008-031: Requesting that the Department of Natural Resources, Division of Forestry, Maintain at least the same level of W"ildland Firefighting Capacity in the Kamer Office that it Provided in 2007, and that it Locate its New Office in the Homer Area (Martin} (Referred to Policies and Procedures Committee) .................174 *i. Resolution 2008-032: Urging the Alaska State Legislative to Amend AS 39.50 so that Disclosure Requirements are more Appropriate for Municipal Appointed Officers (Martin) (Referred to Legislative Committee) ..............................................177 2. Ordinances *a. Ordinance 2007-19-41: Appropriating $60;000 in t1'ie School Maintenance Fund for Purchase of a Scissor Lift and Trailer (Mayor) (Hearing on 05/06/08) (Referred to Finance Committee) ...........181 *b. Ordinance 2007-19-42: Redirecting $44,252 from Completed South Kenai Peninsula Hospital Service Area Capital Project Fund to Provide Funding for Several Capital Ecui~ment! Improvement Items Y . ....t 4u. v e.-.n~ Not PreVlOUSty BUQgeted (ivlayoI at tuG zckucs~ Gf the Cu''ouui a~a.aaaa Peninsula Hospital Service Area Board) (Shortened Hearing on 04/15/08} {Referred to Finance Committee) .....................183 *c. Ordinance 2007-19-43: Appropriating $401,750 in Matching Funds Needed forReceiptofa $486,750 Crrant from the Denali Commission for Replacement and Expansion of the Serenity House Treatment Center (Mayor} (Shortened Hearing on 04/15/08) (Refereed to Finance Committee) ........................................186 *d. Ordinance 2007-19-44: Appropriating $190;000 in the School Revenue Capital Project Fund for Transfer to the Bond Funded Capital Project Fund for Supplemental. Costs Associated with Replacing Windows at Soldotna Elementary School (tvtayor) (Shortened Hearing on 04!15/08} (Referred to Finance Committee) , ..190 April 1, 2008 rake 4 oz o 99 *e. Ordinance 2005-08: Amending KPB 2.60.030 and 2.60.035 Authorizing a I3ecrease ur the 8911 Surcharge from $1.35 to $1.15 par Month (Mayor) (Bearing an 05106108) (Referred to Finance .Committee) ............................:.................194 *f. Ordinance 2008-09: Authorizing aNegoGated Lease at less than Fair Market Ya1ue wrath. Kachemak Nordic Ski Club, Inc. of Approximately 90 Acres of Borough Land in the Homer Area for the Development; Management; and Maintenance of the Lookout Mountain Trail S}=stem (Mayor) (Hearing on 05/06!08} (Referred to LandsCammiitee) ......:..................................198 *g. Ordinance 2008-10: Amending KPB Title 20 Requiring Documented Legal Access to Subdivisions within the Kenai Peninsula Borough (IVlartin) (Bearing on 05106/08) (Referred to Lands Committee} .....224 3, Other *a. Request for Formai Assembly Objection to the Continuance of'~~e Following Liquor License because ofUnpaid Taxes Due the Borough .(Referred to Finance Committee) ...................... , ......228 Business Name License Location One Stop Kenai Q. PUBLIC COMMENTS AND PL7BLIC PRESENTA'£IONS {3 minutes per speaker) R. ASSEb'IBLY M~ETIIE?!: ANT_1 II?+,AI~TNC` ANNOTJNCEMENTS 1. April 15; 2008 Regular Assembly Meeting 7:00 PM Soldotna S. ASSEMBLY CONLNIEliTTS T. PENIDING LEGISLATION (This item lists Iegislatinn which will be addressed at a later date as noted.} 1. Ordinance 2007-19-22: Appropriating$850,000ofInterestlnaometoPaythe Cost of Capital Improvements at the South Peninsula Hospital (Mayor) (Referred to Finance Committee} Tabled an 12/04/07 2. Resolution 2007-051: Approving Plans for Participation in the Fiftieth Armiversary of Alaska Statehood Celebration (Mayor} (Referred to Policies and Procedures Committee) Tabled on 11!20/07 Apri] 1, 2008 Pege > of 6 100 3. Ordinance 2008-06: Amending I'PB 12.0?.020 to BIiminate Citizen Requests fox Nonstandardized Speed Linut Signs on Barougk Roads (Long) (Hearing on 04/15/08) (Referred to Lands Committee) IJ. INFORMATIONAL MATERIALS ANI) REP012TS 5r. NOTICE EDF NEXT MEETING AND ADJOURNMENT The ne~:t meeting ofthe Kenai Peninsula Borough Assembly ~dll be keld on April 15, 2008, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on R"DLL-FM 919 (Central Peninsula), KBBI-AM S'90 (South Peninsula), K301 A0-FM 88.1 (East Peninsulaj. Copses of agenda items are available at the Borough C'lerk's ice irs the Meeting Room just prior to iTae meeting, For,f~krther information, please call the Clerk"s'Ofjice at 714-2160 or tolT.free within the Borough at 1-800- 478-4447, Ext. 216D. Visit our website at www.bnrnugh.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resodufions. April 1, 2005 gage n of o lol