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HomeMy WebLinkAbout2008-04-16 Council PacketAGENDA ENAI CITY COUNCIL -REGULAR MEETING APRIL 16, 2008 '= 7:00 P.M. KENAI CITY COUNCIL CHAMBERS pFXPLNtp%Np httg:/Iwww.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Jennifer Beckmann, Executive Director, Central Area Rural Transit System, tnc. (CARTS) -- Appropriation Request. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. 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. 2. 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 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. a. Substitute 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 Longer Than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Increase the Distance From the Adjoining Lot, and to Change the Building Permit Requirement for Residential Accessory Structures From Over One Hundred Twenty (120) Square Feet to Over Two Hundred (200) Square Feet. ITEM G: UNFINISHED BUSINESS --None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2300-2008 -- Donating Certain Foreclosed City-Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-05), to Amundsen Educational Center for Construction of Housing. 4. `Ordinance No. 2309.2008 -- Amending KMC 23.50.010(b) by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.03D(b)(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay. 5. *Ordinance No. 2302-2008 -- Adopting Updatetl Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 6. Approval -- Amendment to Lease -- Lots 13 and 14, Block 1, Cook Inlet Industrial Air Park/David Schilling and Michael Schilling tl/b/a $rhilling ,R,entals 7. Approval -- Consent to Sublease/Portion of Lot 1, Block 1, Gusty Subdivision --From Sun Sirns tc Dwight Davis. B. Discussion -- Scheduling of City Attorney, City Clerk antl City Manager Evaluations. 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 http://www.ci.kenai.ak.us. Carol L Freas, City Clerk D999/211 TESTIMONY SIGN-IN SKEET ~r,/~.~p f(Y ~' CMG(' NAME ORGANIZATIClN .RESIDENCE ADDRESS/ PHONE NUMBER ~ YF CITY RESIDENT !/f~cd'~'0 ~~~1f~` ~`°~~''~°~ ~~, l1^.~? f"d_~~ 7f ~ r_.r'~'1', f 4 ~ ~..%~ ~~J~ (J ,g -- w 0 ~.) a ~I ~ I I i l l l l I~ i LL ~ o_ _ z ~ w }~ ~ ~ ~ w}w ~ W Q W~ J~~ OJ J Z W~ J ~ O W ~ QO~ ~J000 QO~~~000 cJ =acn cnw~~m =dcncnw~~m z O U O W } O } O H ~ ~ ~ ~ ~ J a ~ ~ ~ ~ m = c n c n w > ( ~ ~ w W } ~ ~ . W ~ ~ ~ ~ O W `. ~ ~ ~ Q > Q ~ f~ ~ J ~ L m i c n c n w ~, AGENDA KENAI CYTY COUNCIL. -REGULAR MEETING APRIL lfs, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us WORK SESSION -- Alaska Permanent Capital Management/Airport Permanent Fund Investment Options begins at 6:00 p.m. ITEM A: CALL TO ORDER 1. "Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Jennifer Beckmann, Executive Director, Central Area Rural Transit System, Inc. (CARTS) -- Appropriation Request. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNC%LS YTEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. 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 .............................................................. 2. 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 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 ............................. a. Substitute 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 Longer Than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Increase the Distance From the Adjoining Lot, and to Change the Building Permit Requirement for Residential Accessory Structures From Over One Hundred Twenty (120) Square Feet to Over Two Hundred (200) Square Feet ................................................................................... 4 5 14 YTEM F: MINUTES 1. *Regular Meeting of April 2, 2008........., ........................................................ 16 %TEM G: ITEM H: 1. Bills to be Ratified .......................................................................................... 36 2. Approval of Purchase Orders Exceeding $15,000 .............................................. 37 3. *Ordixaaace No. 2300-2008 -- Donating Certain Foreclosed City-Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-05), to Amundsen Educational Center for Construction of Housing ............................................... 38 4. *Ordinance No. 23018 -- Amending KMC 23.50.010(b) by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.030(bj(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay ................. 44 5. *Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai .............................................. 47 6 Approval -- Amendment to Lease -- Lots 13 and 14, Block 1, Cook Inlet Industrial Air Park/David Schilling and Michael Schilling d/b/a Schilling Rentals .......................................................................................................... 52 7. Approval -- Consent to Sublease/Portion of Lot 1, Block 1, Gusty Subdivision - - From Sun Sims to Dwight Davis .................................................................... 61 8. Discussion -- Scheduling of City Attorney, City Clerk and City Manager Evaluations .................................................................................................... -- YTEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission ................................................................. ....................... 65 3. Harbor Commission ................................................................. ...................... 68 4. Library Commission ................................................................. ...................... 72 5. Parks 8v Recreation Commission ............................................... ...................... 76 6. Planning 8v Zoning Commission ................................................ ...................... 84 7. Miscellaneous Commissions and Committees a. Beautification Committee ..................................................... ...................... -- b. Alaska Municipal League Report .......................................... ...................... -- c. Mini-Grant Steering Committee ............................................ ...................... -- ITEM J: REPORT OF THE MAYOR ................................. ....................... -- YTEM K: ADMINISTRATION REPORTS 1. City Manager ........................................................................... ...................... 91 Y Y ................................................................................................. 2. Cit Attorne -- 3. City Clerk ...................................................................................................... 101 ITEM L: Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Orclixxance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use ar Storage of Conex-Type Structures ir. 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. At the 4/2/08 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is active.) EXECUTNE SESSION -- None scheduled. ITEM N: 1. 2. 3. 4. 5. 6. 7. INFORMATION ITEMS APRIL 16, 2008 4/ 16/2008 Purchase Orders Between $2,500 and $15,000 for council review ........................................................................................................... . 4/ 10/08 Kenai River Special Management Area Board Meeting Agenda and minutes of 3/ 13/08 meeting ........................................................................... Draft Ordinance -- Amending the Ethics rules for Elected and Appointed Officials and city Employees by amending the Existing KMC 1.85.060 and 070. Notice of Title Issuance/Parcel #041-030-47, Tract A, Alaska State Land Survey No. 2004-25 ................................................................................................... 3/2008 Kenai Municipal Airpart Enplanement Report ....................................... 4/ 10/08 L. Semmens Investment Report ......................................................... 4/ 15/08 Kenai Peninsula Borough Assembly Meeting Agenda .......................... Page No. 105 106 113 117 120 121 123 z r Central Area Rural Transit System, Inc. A Community Solution for Public Transportation P.O. Bax 993 Soldotna, AK 99669 907-262-8900 907-262-6122 fax March 14, 2008 Pat Porter, Mayor City Council Members City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Dear Mayor and Council Members, We are sure you have heard of the tremendous success of Central Area Rural Transit since irnplementadon of services in Oetaber 2000. CARTS has delivered aver 338,600 rides since then! Our aide statistics indicate the need in the central Kenai Peninsula area for transit services. In addition, it brings in considerable Federal funding that would not otherwise be available for the Kenai area; it provides jobs, and certainly stimulates economic development. ~FIe would Like to request a $S,OQO appropria±ion from the City of Kenai far this fiscal year. Our performance to date cieariy indicates the need for rides for the community, and the benefit to Kenai residents. The majority of rides delivered by CARTS have been for getting to and from work, and many of those jobs have been in Kenai.. Thank you for considering this request. We will be happy to attend a budget wank session and provide additional. information and materials. Sincerely, I y ` . ~ f . h..----'~ tfer Bec ann cutive Dir ctor Central Area Rural Transit System, Inc. {CARTS) A Community Solution for Public Transportation 2uG7 CARTS had another great year! We have delivered over 338,60$ rides overall. Public transportation passengers are diverse: Work is the most popular destination for public transit riders - 27% of CARTS riders are going back and forth to work. However, people use public transit for other reasons as well- including getting to school or training, medical appointments, shopping and recreational opportunities. The elderly and disabled represent 18% of CARTS riders; youth 29% and adults 53%. A ride on CARTS is available to anyone. There are no income or disability requirements. Public transportation is subsidized throughout the United States. The discounted fare each passenger pays, whether it is on CARTS or the subway in New York City, does not cover the true cost of the ride. CARTS is only $2.50 per zone, which is usually about 113 the cost of taking a cab. CARTS has access to Federal and State funds that are set aside specifically for public transportation. Local match is an important part of our funding puzzle. Passenger fares comprise approximately 12%, local government 4%, state government l5 °/a, federal government 43%, and service contracts providing 26% of CARTS funding. Every dollar invested in public transportation generates $6 or more in economic returns. CARTS pays local providers to give rides. We have paid out over $1,850,000 dollars to local cab companies and non profit agencies to deliver rides for us. Even non users benefit as a result of public transit! CARTS is for everyone! A community solution for public transportation. 262-8900 2 as +~ w as a ~'~ .~ a~ z a s t r r c c c U F R c~ .~ F 0 G ~, .~ b0. _ mo 3 <~ C s a a .~ Suggested by: Administration CI'T'Y ®F KENAI ORI3I~ANCE N4. 298-200 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEATAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $260,000 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 Iand or pay rent on it; and, WHEREAS, since the Public Safety building and part of City Hall is located on Airport La~~zd, 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 Lots 6-10, Block 1, Fidalgo Commercial Center is $2b0,000; 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 Fund 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, 2008. PAT FORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: t~~~ (03/24/2008} hl Introduced: Apri12, 2008 Adopted: April 16, 2008 Effective: April 16, 2008 4 Suggested by: Councilor Boyle CITY mF KENAI (7Rl?INANCE NO. 229<3-2008 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 OFFTCiAL GRANTS A WAIVER FOR GOOD CAUSE, TO DEFINE ONE (1) STORY HEIGHT, AND TO INCREASE fiHE DISTANCE FROM THE ADJOINING LOT. WHEREAS, KMC 14.20,200(a)(2) now allows for accessory structures of not more than one hundred twenty (i20j square feet anal not more than one story in height to be in setback areas provided they are not closer than three feet to the adjoining lot; and, I,'~'HEREAS, Iir:.iung the size of such accessary structures to one hundred twenty (i20) 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 buildings would decrease the need for addztio?ial buildings in yards; and, WHEREAS, existing setbacks for sheds above one hundred twenty (i20) 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){2j 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 (5'). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.200 is amended as follows: K1bdC 14.20.200 Accessory sta~setuxes. {a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: 5 Ordinance No. 2299-2008 Page 1 of 2 {1) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or detached garage or carport shall be ten feet (ZO'j; (2) Covered but unenclosed passenger landings, or storage sheds of not more than [ONE] two hundred 2{ 001 [TWENTY (120)) square feet, with no side or end longer than sixteen (161 feet unless the Building Official grants a waiver for food 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 f5'i to an adjoining lot; (3} Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three feet (3') of any lot line; (4} Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend info a required front yard except within ten feet (10') of any lot line; (5) A detached accessory building may be permitted to occupy a rear yard; provided that, not more t'~an ono-third (1 /3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200{a}(2j, setba.cks, per development tables, must be maintained if the structure is larger than two hundred (200) square feet [REQUIRES A BUILDING PERMIT]. (b) For purooses of this section one (11 stare 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 CITY OF RENAI, ALASKA, this lbth day of April, 2008. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: April 2, 2008 Adopted: April 16, 2008 Effective: May lb, 2008 6 { ~-,,~, , .- "!/i(~a~e with a Past; pity with a F~tG~YC'~ 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 ~~ EItl~~ Telephone: 907-283-7535 /FAX: 907-283-3014 i~9t MEMO: TO: City Council FROM: Rick Koch DATE: April 10, 2008 SUBJECT: Proposed Ordinance 2299»2008 The purpose of this correspondence is to discuss the above referenced proposed ordinance and to state the administration's recommendations regarding provisions of the proposed ordinance. This ordinance addresses a number of specific requirements and I will address a number of there below: Increasing the size of accessory structures from one hundred twenty (120) square feet to two hundred (200) square feet. Administration's Comments: Administration does not oppose the increase in size of accessory structures, with the understanding that building permits will continue to be required for all accessory structures over 120 square feet. No side or end of an accessory structure may be longer than sixteen (16} feet unless the Building Official grants a waiver for good cause. Administration Comments: Administration does not oppose this requirement 7 The minimum distance hetween an accessory structm•e and au adjoining lot is increased from three feet (3') to five (5'), Administration ~Onllnents: Administration recommends that accessory structures one hundred twenty (12f1) square feet ih size and smaller be required to maintain a minimum distance ofthree feet (3') from an adjoining lot, aatid that accessory structures over one hundred twenty (1.26) square feet in size maintain a minimum distance of five feet (S') from an adjoining lot. Presently the code requires athree-foot minimum distance from an adjoining property. As proposed, the ordinance requires five feet. This would in effect make many accessory structures constructed to the current code requirement non- conforming structures I don't thirilz we should do this. Admiivstiration suggests leaving the three-foot distance for 120 s.f. structures and requirsng a five-foot distance for larger structures. This will require an amendment to tMel~roposed ordinance. Setbacks, per development fables musC be maintained if the accessory structure is tarter than two hundred (ZQh) square feet. Administration Comments: Administration is not opposed to this requirement Ror purposes of this section one (1}story in height is a maximum of sixteen feet (I6') high as measured from the ground to the top of the peak of the roof. Administration Comments: Administration. is opposed to this definition of "one story'°. A height of sixteen feet world generally be considered to be at or near the elevation of a two-story structure. A house of this elevation is significantly less obtrusive on neigiiuoriirg properties as a result of set-back requirements. A sixteen-foot high structure placed in near proximity to an adjoining property in a residential neighborhood may well be considered a detriment to that adjoining property. if a property owner wishes to construct an accessory structure greater in height than the administration recommended twelve feet (12'), the variance process noticing neighboring property owners is a more appropriate procedure. I have attached the following photographs of structures sixteen feet in height for comparison purposes: 1. Rear view of barn-roof accessory structure next to single-story house 2. Sixteen foot high garage door at Airports Operation Center 3. Front view of gambrel-roof accessary structure 4. Stacked conexes In considering this issue arhninistration believes it is important for Council. to 'have a feel for the difference between a sixteen foot high (ar greater) structure that is located fifteen to twenty feet away from an adjoining property and a 8 sixteen foot tali structure placed three to f ve feet away from an adjoining property, and it's potentially negative effect. !In amenditaent by Cnuiacil will required to reduce the allowable het~~hX corn sixteen feet to tH~elve {eet. In the event an amendment is offered eliminating the requirement for a building pern~t for stzvetures in excess of 120 square feet, the administration is opposed to that chuige. There are a large number of 1.20 square foot (or smaller} pre-manufactured storage buildings for sale. Storage buildings greater than 120 square feet in size are generally nat pre-manufactured, and a building permit should be required. If you have any question please contact me at your convenience. attaclunents 9 11 x.. ~. SUBSTITUTE Suggested by: Councilor Boyle CITY OF I~EI3.9.I ORDINANCE N(). 2299-2m®8 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 LGNGER THAN SIXTEEN (16) FEET UNLESS THE BUILDING OFFICIAL GRANTS A WAIVER FOR GOOD CAUSE, TO INCREASE THE DISTANCE FROM THE ADJOINING LOT, AND TO CHANGE THE BUILDING PERMIT REQUIREMENT FOR RESIDENTIAL ACCESSORY STRUCTURES FROM OVER ONE HUNDRED TWENTY (120) SQUARE FEET TO OVER TWO HUNDRED (200) SQUARE FEET. WHEREAS, KMC 14.20.200(a)(2) now allows for accessory structures of not more than one hundred twenty (120) square feet and not more than one story in height to be in setback areas provided they are not closer than 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 buildings would decrease the need for additional buildings in yards; and, WHEREAS, end ting setbacks for 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). WHEREAS, residential accessory structures of 200 square feet or less should not require a building permit. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.200 is amended as follows: 14 Substitute Ordinance No. 2299-2008 Page 2 of 2 F~MM~ 14.20.200 Accessory structures. {a} Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: (1) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or detached garage or carport shall be ten feet. (10'); (2) .Covered but unenclosed passenger landings, or storage sheds of not more than [ONE} two hundred L200) [TWENTY (120)] square feet, with no side or end loneer than sixteen (16} feet unless the Building Official ¢ra~lts a waiver for good cause. and not more than one (Ij story in heiglut 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 well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three feet (3') of any lot Iine; (4) Unenclosed outside stairways, fire escapes, porches, or landing 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') of any lot line; (5} A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third {1/3j of the total area of such rear yard shall be so occupied. Except as provided in Kiti1C 14.20.200(a)(2), setbacks, per development tables, must be maintained if the structure is lamer than two hundred (200) square feet [REQUIRES A BUILDING PERMIT]. As an exceu+~on to KMC 4.32 Residential Code), residential use accessorv structures of two hundred (2001 square feet or less do not require a buildi~permit. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixteenth day of April, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 16, 2008 Adopted: May 7, 2008 Effective: 3une 7, 2008 15 AGENDA KENAI CITY COUNCIL -REGULAR. MEETING APRIL 2, 20D8 7:DD P.M. KENAI CITY COUNCIL CHAMBERS htta: ! /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Ca11 3. Agenda. Approval 4. Consent Agenda *A11 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 sa requests, in which case the item will be removed from the consent agenda and considered in its normal sequence ar. the agenda as part cf the General Orders. ITEM S: SCHEDULED PUBLIC COMMENTS (10 minutes) Lincoln Weasley -- Caring for the Kenai Project/Saving the Dunes YTEM 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,) Ordinance No. 2287-2DD8 -- 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 Canstruetion 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 aotive,f 2. Ordinance No. 2289-2DD8 -- Increasing Estimated Revenues and Appropriations by $22,060 in the General Fund for a Library Grant. 3. Ordinaaee No. 2290-2D08 -- 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. 16 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. 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. 7. Ordinance No. 2295-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the General Fund Shop Department far 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 h4aintenanee at the Fire Training Center. 9. Ordinance Na. 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 to Report Under the City of Kenai Financial Disclosure and Conflict of Interest Rules. 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. 11. Resolution No. 2008-21 -- Repealing Resolution No. 2007-72, Awarding a Sole Soixree 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 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 -- PROTE6T/George & Amy Bowen, d/b/a One Stop Liquor. l4. *Li`quor License Renewals -- 17 • Alaskalanes, X3209/Recreatianal Site • George's Casino Bar, #204/Beverage Dispensary • Charlotte's #4439JRestaurant/Eating Place-Public Convenience • Kenai Landing #4355/Beverage Dispensary -Tourism/Seasonal ITEM F: MINUTES 1. *Regular Meeting of March 5, 2008. 2. *Regular Meeting of March 19; 2008. ITEM Gr: UNFINISHED SUSINES5 ITEM H: NEW BUSINESS 1. Bills 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. *Ordiraaaee No. 2299-2008 -- Amending KMC 14.20.200(aj(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 (10j Feet Unless the Building Official Grants a Waiver for Gaod Cause, to Define One (I) Story Height, and to Increase the Distance From the Adjoining Lat. rmn.wia r. r.r.~xnmr5crt~u innPW~.IITm>.+s+ vz+n~oma LY L'LiA d. \./Vi 11111 4U1 L® i iL'LJ i i:IL a\iv 1. Council on Aging 2. Airport Commission 3. Harbar Commission 4. Library Commission 5. Parks P~ Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautificafton Committee b. Alaska Municipal League Report o. Mini-Grant Steering Committee ITEM 3: 12EPORT OF THE Ml3Y~R ITEM R: fsDMINISTRAfiIC3N REPC3I2TS 1. City Manager 2. Attorney 18 City Clerk ITEM L: DI3CIJSSIDN 1. Citizens {five minutes) 2. Council ITEM M: PENDIN4 LEGI6LATIC3N (This item lists legislation which will be addressed at a Later date as noted.) E~ECLTTIS7E 9ESSIDN -- None Scheduled ITEM M: ADJOITR11tMENT 19 KENAI CITY COUNCIL -REGULAR MEETING APRIL a, ~~os 7:0o p.M. KENAY CITY' COUNCIL CHAMBERS httn: /lwa~cv.cikenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m, in the Council Chambers in the Kenai City Hall Building. A-I. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: j Mike Bovie Pat Porter, Ma or Linda Swarner, Vice Hat SmaIIey Bar Eldrid e_ J Robert Molloy Absent was: Council Member Rick Ross A quorum was present. Also present: Brittany Harding, Student_ }representative A-3. AGENDA APPROVAL ADD TO: ITEM E-9 {page 23j, Ordsxnanee No. 229-200 -- Clerk memorandum/additional information with regard to City Clerk 8v City Attorney annual financial report filings. SUBSTITUTE: ITEM H-2 (page 65--- Purchase Orders Exceeding $15,000 (addition of Howard Technology and HDL to the list). MOTION: Council Member Swarner MOVED for approval of the agenda with the additions requested UNAN%MOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: 20 KENAI CITY COUNCIL MEETING APRIL 2, 2008 PAGE 2 OF 16 Council Member Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC GOMMENTS (10 minutes) B-1. Lincoln Wensley -- Caring for the Kenai Project/Saving the Dunes Mr. Wensley noted he was a freshman at Kenai Central High School and discussed his Caring for the Kenai project, "Saving the Dunes." Discussion followed in which suggestions included preparing Public Service Announcements to be played prior to the dip net fishing season; placing a link on the city webpage to the video; providing a brochure to the local 1-iotels, Visitors Center, Librar,t a~-id cable TV; and. placement o,` a sign at Kenai beach entrances. Council stated no objections to the Link on the city's webpage to the video. It was also suggested Wensley bring brochure costs back to council to consider for providing financial assistance. SREAK TAKEN: 7:I7 P.M. BACK TO ORDER: ?:35 P.M. FTEM C: UNSCHEDULED PUBLIG COMMENTS -- None. ITEM D: REPORTS O&' KPB ASSEMBLH LEGISLATORS AND COUNCILS None. ITEM E: PUSLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by Z) 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 nn 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.) The Iloor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. 21 KENAI CITY- COUNCIL MEETING APRTL 2, 2008 PAGE 3 OF 16 Council discussion followed with comments including: + The Planning 8s Zoning Commission requested the ordinance be returned for further review as there were questions of items included in the ordinance which were not discussed during their review and deliberations. • Federal agencies should comply with municipal code requirements as well. • Shed size/style should be regulated by subdivision covenants. • Suggestion the ordinance be pointed at use of conex-type storage and not sheds because the two get confused. • If the intention is to phase out use of conex-type storage, aphase- in/phase-out period should be considered. + Suggestion no permits for conex-type storage be issued until after final consideration of the ordinance. (It was noted, an ordinance would be required to impose a moratorium.) MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2287-2008 to the first meeting in May and return'17e ordinance to the Planning & Zoning Commission for review and consider any other amendments. Council Member Boyle SECONDED the rnation. VOTE ON PASTPONEMENT; MOTION PASSED UNANIMOL7SLY. E-2. Ordinance No. 2284-2448 -- Increasing Estimated Revenues and Appropriations by $22,060 in the General Fund for a Library Grant. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2289-2008 and Council Member Swarner SECONDED the motion, The floor was opened far public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. 22 Student Representative Harding: Yes KENAI CITY COUNCIL MEETING APRIL 2, 2008 PAGE 4 OF 16 VOTE: MOTION PASSEI} UNANIMOUSLY. E-3. Ordinance No. 2290-2008 -- Amending KMC 9.10.010 to Require Gazbage Placed Outdoors in Designated "Bear Problem Areas" to be Kept in Garbage Containers Designated as Bear Resistant by the City of Kenai. MOTION: Council Member Eldridge MOVER for adoption of Ordinance No. 2290-2008 and Council Member Smalley SECONBED the motion. The floor was opened for public hearing. There being no ane wishing to be heard, the public hearing was closed. Council discussion included comments as follows: A:. ex^rlanation cf cal~zy t.~~o nctuces c.,,uld be given ~vi*~h twc different timeframes, i.e. when notice is given and notice to the public. • An explanation of the public natice process. • The 15-day notice to the public would give the public an opportunity to comply and time for the public to speak to council if they disagreed with the natice. VOTE: xStudent Representative Harding: Yes E-4. Ordinance No. 229 P-2008 -- Amending KMC 7.32.030 Entitled, "Transfers to General Fund," Such That Any Amount Transferred is Designated for Senior Citizen Programs. 23 *Studont Representative Harding: Yes MOTION PASSEI} UNANIMOUSLY. KENAI CITY COUNCIL MEETING APRIL 2, 2008 PAGE 5 OF 16 MOTION: Council Member Eldridge MOVER for adoption of Ordinance No. 2291-2008 and Council Member Boyle SECONDED the motion. The floor was ogened for public hearing. There being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Council Member Smalley MOVED to amend Ordinance No. 2291-2008 at page 7 in the packet, changing "Such amounts transferred shall be dedicated for Senior Citizen Programs" to read, "Such excess amountsvn the Congregate Housing fund after July i, 2007 and transferred to the General fund shall be dedicated for Senior Citizen Programs." Council Member Eldridge SECONDED the mafion. VOTE ON MOTION TO AMEND: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2292-20Q8 -- Increasing Estimated Revenues and Appropriations by $9,000 in the General Fund Police Department for Alaska Highway Safety Office Program Participation. MOTION: 24 *Student Representative Harding: Yes *Student Representative Hardu2g: Yes RENAT CITY COUNCIL MEETING APRIL 2, 2008 PAGE 6 OF 1b Council Member Molloy MOVED to enact Ordinance No. 2292-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being n.o one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: MOTION PASSED UNANIMOUSLY. E-6. Ordusance No. 2294-2068 -- 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. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2294-2008 and Council Member Smalley 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: *Student Representative Harding: Yes E-7. Ordinance No. 2245-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the General Fund Shop Department for Operating Supplies. MOTION: 25 *Student Representative Harding: Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING APRIL 2, 2008 PAGE 7 OF 16 Council Member Swarner MOVED for approval of Ordinance No. 2295-2008 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. There were no council comments. VOTE: MOTION PASSED UNANIMOUSLY. E-8. Ordinance No. 2296-2008 -- Increasing Estimated Revenues and Appropriations by ~I 10,000 in the General Fund and the Airport Fund for Repairs and Maintenance at the Fire Training Center. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2296-2008 and Council R+Iember Eldridge SEC'®N!'bED 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, $45,000 of the funds would be used for the computer and control systems for the two main propellers and the remaining funds would be used for a variety of repairs and replacement of control systems. VOTE: *Student Representative Harding: Yes Boyle Yes Porter Yes Swarner '; Yes __ Smalley _ Yes Eldridge Yes Ross ~ Absent Molloy ;Yes ~ ~ C MOTION PASSED UNANIMOUSLY. E-9. Ordinance No. 229'7-2008 -- Amending KMC 1.85 (Financial Disclosure and Conflict of Interest) by Removing the Kenai City Clerk and City 26 *Student Representative Harding: Yes IiENAI CITY COUNCIL MEETING APRIL 2, 2008 PAGE 8 OF 16 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. rigOTTON: Council Member Smalley MOVER far adoption of Ordinance No. 2297-2008 and Council Member Swarner S~ECONE3EI3 the motion. The flear was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council discussion followed with comments including: • Under state law, the City Attorney and City Clerk were not required co file a yearly financial statement udth the Alaska Public Offices Commission (APOC). • The definition of municipal officer under the Kenai Municipal Code, included the City Attorney and City Clerk and required a yearly financial report to be filed with the City Clerk {on or before April 15 of each years indicafxng only the source(s) of income. • With the amendment to state law, the RPOC was advised the Kenai City Clerk and City Attorney forms would be filed with the City Clerk. • Both the City Clerk and City Attorney had no objections to filing a financial report with the City. fl isTE. *Student Representative Harding: No Boyle ~ No _ ~ Porter ~o ~ Swarner No ~ Mollov~-~No E--~- ~ ge I No :Ross _ 'Absent MOTION FI~II.ED UN.4NIMOUuLY. E-10. Resolution No. 2008-20 -- Approving Changes to t_he Kenai. Public Utility Regulations to Allow Customers to Suspend Service and to Not Requsre Billing for Water and Sewer Service While Disconnected or Suspended. MOTION: 27 KENAI CITY COUNCIL MEETING APRIL 2, 2008 PAGE 9 (3F 16 Council Member Eldridge MOVED for approval of Resolution No. 2008-20 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. A brief council discussion followed related to the $100 fee far turn-off and turn-on ($20fl altogether). MOTION TO AMEND: Council. Member Boyle MOVED to amend paragraph 2(d}, changing "A fee of one hundred dollars ($100.00}..." to "A fee of fifty dollars ($50.00 each..." Council Member Malloy SECONDED the motion. VOTE ON MOTION TO AMEND: MOTION PASSED UNANT~dIOUSLY. VOTE ON MAYN AMENDED MOTION: There were no objections. SO ORDERED. E-1 Z. Resolution No. 2008-2i -- 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 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. MOTION: cauncil Member Smalley MOVED to adopt Resolution No. 2008-2I and requested UNANIMOUS CONSENT. Council. Member Swarner SECONDED the motioin. The floor was opened for public hearing. There being no one cc~ishin.g to be heard, the pubfic hearing was closed. There were no council comments. 28 *Student Representative Harding: Yes KEATAI CITY COUNCIL MEETING APRIL 2, 2008 PAGE 16 OB 16 VOTE: There were no objections. SO ORDERED. E-12. Resolu4ion N®. 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 lnc. in the Amount Not to Exceed $243,000.00 to Equip the Kenai Emergency Operations Center With Radio Communications Upgrades, MOTION: Council Member Eldridge MOVED to adopt Resolution No. 2008-22 and requested UNANIMOUS CONSENT. Council Member Swarner 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-13. Liquor License RenewaE -- PROTEST(George &, Amy Bowen, d/b(a - One Stop Liquor. MOTION: Council Member Eldridge MOVED to direct a letter of protest to the Alcoholic Beverage Control Board as noted. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. E-I4. 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 29 KENA1 CITY COUNCIL MEETING APRIL 2, 2008 PAGE I1 OF 16 Approved by approval of consent agenda. ITEM F: MINUTES F-1. Regular Meeting of March 5, 2008 -- Approved by approval of consent agenda. F-2. Regular Meeting of March 19, 2008 -- Approved by approval of consent agenda. BREAK TAKEN: 8:06 P.M. BACK TO ORDER: 8:16 P.M. ITEM fa: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS fI-1. 'Bills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. S0 ORDERED. H-2. ,Approval of Purchase Orders Exceeding $15,000 MOTION: Council member Swarner MOVED to approve the purchase orders exceeding $15,000 with the addition of the purchase order to Howard Technology of X24,100 and increasing the purchase order to HDL in the amount of $17,8'70 and requested UNANIMOUS CONSENfi. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2298-2008 -- Increasing Estimated Revenues and Appropriations by $260,000 in the General Fund to Purchase Airport Land in the Area of the Public Safety Building. 30 KENAI CITY COUNCIL MEETFNG APRIL 2, 2008 PAGE 12 OF l6 Approved by approval of consent agenda I~I-4. Ordxnanoe No. 2299-2008.-- Amending KMC 14.20.200(aj(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Twe Hundred (200j Square Feet With No Side or End of the Accessory Structure Longer than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Define One {lj Story Height, and to Increase the Distance Fram the Adjoining Lot. Approved by approval of consent agenda. ITEIdi I: CC3aVIYi+iiSSlGii/CC3IVi1V1I'I"i`r,L Rcr~vRT$ I-l. Council on Aging -- Council Member Eldridge reported the meeting summary of the March meeting was included in the packet. The next meeting would be held on May 8. I.2. Airport Commission -- Council Member Molloy reported the next meeting was scheduled to be held on April 10. I-3. harbor Commission -- Council Member Boyle reported the next meeting was scheduled to be held on Monday, April 7, 2008. Y-4. Library Commission -- Council Member Smalley reported on discussions and actions taken at the April 1, 2008 Library Commission meeting. I-5. Parks & Recreation Cammission -- Council Member Eldridge reported the next scheduled meeting would be held April 3, 2008. I-6. Planning 8z Zoning Commission -- Council Member Molloy reported the minutes of the March 26 meeting were included in the packet. The resignation of Arlette Baldwin from the Commission was noted. With review of the applications included in the packet, Mayor Porter recommended the appointment of Gerald Brookman to the Commission. There were no objections noted from council. Referring to the meeting minutes, Council Member Swarner noted the future absences planned and reported by Commissioner Vdells. Clerk Freas reported her intention was to wait until Commissioner We11s submitted the information in writing as he reported he would in order to confirm the meeting absence dates and then send a letter to him advising him of code accepted absences if there were concerns. She noted, presently 31 KENAI CITY COUNCIL MEETINCx APRIL 2, 2008 PAGE 13 OF 16 Wells had requested no excused absences, however there could be reason for some concern if more absences occurred than mentioned during the meeting. I-7. Miscellaneous Commissions and Committees Y-7a. Beautificatson Committee -- Council Member Swarner reported the March 25 meeting summary was included in the packet. I-7b. Alaska Municipal League Report -- Council Member SmaAey reported no board meetings had been scheduled. I-7c. Mini-Grant Steering Committee -- No report. ITEM ~I: REPORT OF TAE MAYOR -- Mayor Porter noted the following: • Discussed the possibility of offering a newsletter to city households ante or twice a year, giving an estimate of costs, and adding a person had volunteered to prepare them. MOTION: Council Member Molloy MOVED to go forward with a newsletter and Council Member Boyle SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. • She had the mayor pictures refrained and would have them hung in the conference room. Read athank-you note from Council Member Swarner. ITEM K: ADMINISTRATION REPORTS K-I. City Manager -- City Manager Koch reported the following: • He would be in Washington, DC meeting with the congressional delegation and would not be attending the April 16 council meeting. He would be discussing bluff erosion and the library expansion project. 32 Student Representative Harding: Yes IfENAT CITY COUNCIL MEETTNG APRIL 2, 2008 PAGE 14 OF 16 + The Rasmuson grant application was sent and notification of whether funding would be approved should be received within 60 days, axed awards made in July. • He and City Attorney Graves were working on submitting documents to change the Cits~ s classxn the Visitors Center heating system action. + He requested a proposal from a mechanical engineering fine to investigate replacement heating systems for the Visitors Center and intended to have the work begin in December, closing and vacating the building for the replacement project; painting and new carpet installed. • Referred to his rnemarandum (page 89 of the packet} related. to the Airport Commission's request to the Planning 8v Zoning Commission to consider rezoning airport properties. The memorandum indicated administration's desire to not go forward with the rezone until airport property acquisition negotiations are completed. • Apre-conference meeting on the Lowe's development was held and work on the project would begin on Monday, April 7. • Draft budget document were distributed. • Has been working on the Senior Fund structure with the intent to be able to show the true costs of services. Has been ix2 contact with legislators on a daily basis. Questions and comments of council included: • Lowe's was not planning a groundbreaking ceremony. • He would be again working on the Dena'ina Estates project in the next few weeks. • He would be conducting inten~iews with applicants for the Public Works Direciar position in the next few days. • Suggestion to begin a retirement supplemental program to entice applicants for city positions. • He was continuing to work on the University of Alaska leased property along Marathon Road as ii was not in compliance with the lease. He would report on the process next month. K-2. Attorney -- Attorney Graves requested direction related to the conflict of interest/ethics draft ordinance. He would include a new draft of the ordinance in Lhe next packet as an information item, as welt as distribute it to commissions/ committees and department heads. K-3. City Clerk -- Reminded council of budget work sessions scheduled for April 14 and 21, 200&. Council requested to include scheduling of City Clerk, City Attorney and City Manager evaluations on the April 16 agenda. 33 IiENAI CITY COUNCIL MEETING APRIL ~, 2008 PAGE 15 OF 16 A request was made to schedule a brief work session prior to the April 16 meeting to hear a presentation related to the Alaska Permanent Capital Management with regard to Airport Permanent Fund Investment Options. The work session was scheduled for 6:00 p.m. in the Council Chambers. Porter also reported on several on ne~x* Kenai businesses and noted she assisted in writing a grant for moving the historical cabins for the Kenai Historic Society. ITEM L: DISCUSSICeI~ h-1. Citizens Marion I+lelson, 44665 Tower Hilts Street, Kenai -- Nelson distributed copies of the Milepost to council, thanked the city for its advertisement included in the publication; and, noted new items in the publication, including upcoming DVD availability. Nelson also gave an update on the Garden Club and its upcoming planned activities. Boh Peters, Cld Town, Kenai -- Suggested the "Protect the Dunes" video be made available at the Library and Visitors Center to play prior to other movies shown at those locations, Peters also commented on the conex issue. Peters was encouraged to attend the Planning & Zoning Commission meeting and present his comments. L-Z. Council Boyle -- • Suggested consideration should be given to requiring water meters on residences to lower use and need of water quantities. • Informed alI of a fundraiser for a local leukemia patient. Molloy -- No comments. Harding -- Reported Kenai Central High School graduation date as May 28 and Maya Johnson may be the next student representative to council. Eldridge -- Commented on the purchase of a new stove for the Senior Centex Smalley -- Thanked Nelson for the new Milepost and commented on the Protect the Dunes presentation. Swarner -- • Thanked Nelson for the new Milepost. • Suggested the Protect the Dunes video be sent to all state legislators, Governor Palin, and the Department of Environmental Conservation or inform them of the link to the city webpage. 34 KENAI CITY COUNCIL MEE'T'ING APRIL 2, 2008 PAGE 16 OF 16 ® 'Thanked Koch for census update cost information. ITEM M: PENI3TNG LECaTSLATION (This item lists legislation which will be addressed at a later date as noted.) EXECUTTSTE SESSICBI~ -- None Scheduled ITEM M: AI9J~TTT2NMENT Tl-iere being no further business before the Council, the meeting adjourned at approximately 9:14 p.m. 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 representatives may not move or second items during a council meeting. 35 .~ W o m z ~ o Q ~ ~ N M r N r W ~ U ~ ~ Q O o q O ~ O C1 J ~ ~ 1,= -~ `y}-. F_ p~ G y~^. C ([Qq Q }} t~ CO Q cv Q = W LL! 9` ® (n C7 7 fA f7 } !A O ~ Vi ~ ? CA C7 > ~ g O N ~ O H d U k h J ~ w ~ s S ~ ® "' ~ -~ Z O a a W d W qZ ~ z ¢ U ~ ~ W (IQ7 ~ ~ ~' J W US ~ ~ ~ ~ ~ Z Q ,- °~r v Q ~ ~ n c c~i Q ~ a a ~ W v ~ U tWn o C7 ~ Cf 0 O IX' 2 4 C sP/ @., W ~ ® ~ e'° u~a ~ ~ Z w ~ r to ~' O O Z > C H d U U ~ ttt w ~ O ~ d ~ c~i. 4 U ~ c~i. ti 6 U am- w u~~.r ~ o z y K _ u~i ~ ~ 36 Z °a ~ O o ° o 4 N Z a U Z K o w 0 z ~ a ~~ S A ~ ~ ;s O a `~ w ~ ~ ~ ~ ~ O z 0 n ~. w ~ z ~ x ° <? z z ~ o ~ ~ ° N ~ ¢ d t7 ~ ~ ~ P ~ ~ O r O ~ 16) (~ 4A Q W () 4a. Z ~ Q. Q ~ Q d "' O ~ U ~ ~ F U 4 > v 1 a d 0 h It 37 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2300-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DONATIIQG CERTAIN FORECLOSED CITY-OWNED PROPERTIES DESCRIBED AS LOTS 1 - S, BLOCK 10, MOMMSENS SUBDIVISION REPEAT OF ADDN. 1 & 2 (PARCELS 039-103-O1 THROUGH 039-103-OS), TO AMUNDSEN EDUCATIONAL CENTER FOR CONSTRUCTION OF HOUSING. WHEREAS, KMC 22.05.125 allows the Council, by ordinance, to donate foreclosed real property no longer needed by the City for public purpose to anon-profit corporation, for a consideration agreed upon between the City and grantee without a public sale if it is advantageous to the City; and, WHEREAS, Amundsen Educational Center is anon-profit vocational training educational institution and has identified Lots 1 - 5, Block lp, Mommsens Subdivision Replat of Addn. 1 8v 2 (Parcels 039-103-01 through 039-103-OS -see attachments) as properties meeting the needs of the center; and, WHEREAS, the referenced properties were acquired through tax and special assessment foreclosures (judgment year was 1957}; and, WHEREAS, Ordinance No. 1414-91 declared the properties were not needed for a public purpose and could be sold; and, WHEREAS, the properties have been included in several pubfic foreclosure sales where no bids to purchase were received. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain foreclosed city-owned properties described. as Lots 1 - 5, Black i0, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-I03-01 through 039-103-OS), be donated to Amundsen Educational Center for construction of housing, subject to the following conditions 1} Amundsen Educational Center is willing to pay the sum of taxes owed to the Kenai Peninsula Borough, and the City of Kenai assessments owed, at the date of closing of the sale to the new owner; and, 2) Up to three parcels will be granted for construction in the 2005 - 2009 school year and once the dwellings are completed (or near completion), and taxes and assessments are paid, a deed for the remaining parcels will be granted, with the stipulation that dwellings be constructed on the properties by December 31, 2611, or the properties will be returned to the City. 38 Ordinance ATO. 2300-2048 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this seventh day of May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Aprii i6, 2608 Adopted: May 7, 2008 Effective: June 7, 2008 Attachments Approved by Finance: ~?P"V (3/28/OS)kh 39 ~~~ ~.. G'rasraalaa~recai Z'readrziaa,~ rrz rX ChrPxtsearr t;nrsr~sa~~s~rr.tty` fnr iF~e E'2asptte rt,~ Rarrcr~2 At~sf;~ ~'r)C[ttif)F~!txl Ta'ttining in a C:h~ist Parr t:'~a rrzmurraty~ ff>r the Perrpte f~f'k~ra~L AZctskcz ~et7ruasy, 6, 2G4}S f City afKena~ i ~. Attn:149r. Rich. Koch ~ ~ 21t} Eidatgo Ave i Kenai, AK. 3611 ~ !_ r ~_. .. ~ ~ ~ .,, Saab~ect: Fore~~osed City ]Prapertees - taarrt~nset~ S~a6dxvisinn 1?ear Mr. Koch, First, please accept my apologies for not getting back to you sooner. A matter such as this had to funnel through muttipte channels before we were prepared with. a response. We are still working to improire our administrative peocesses to handte issues such aB this in a more expedient manner. I1ext, allow me to express my appreciation far your correspondence and aonsidsration retated to the property in ftic ommsen Subdivision. 't'Lre prospect of acquirr`ng some of this Land has generated considerable discussion for our Program Advisory Committee. I ani sure you can. unde€stand that buitdistg hem versus our Last two locations {Inlet Vdaods and l~ighorrt Circle} would cause us to completely retttirrk sonic of our strategy. As an educational institution, AEC needs trr be building smatter homes in order to atlova us to complete muttipte Names in the same school year. From this perspective, ~e R+lommsen properties would be quite useful to us. t arrr sure rt is no surprise that our concerns about this property relate to its proximity to Witdwood and the general condition of the neighborhood. In that we rely heavily on the proceeds from the sate of our spec homes to finance our nonprofit social enterprise, we a€e concerned atrout Belting new construction in this subdivision. rilevertheless, we recognize the value of this opportunity and the generosity cat your consideration. to get these properties at a price below accessed value. Below are answers drat address questions raised in your previous Letter: 1. r~mundsen Educational C:enteris a vocational training school specializing in the education of students from rural Alaska. we Have developed a residential construction grogram that fosters a culturally relevant teams'ng environment and provides quality vocational instimction tit/C's course offerings are authori~~d through the Alaska. Commission of Postsecondary Education to provide graduates with. a Ist }>ear Certificate is Residential Constnacteon, and a 2nd year Advanced Certificate in Residential Constmction. The program is designed to equip students with the aptitude necessary to build a complete house together, W provide them with the tools to deal wsth life's harks, and to become gainfiet}y employed upon comrrsencernent. t'.Ct. P>>c*~: SiF€a' Sra Ydotspa. Afas~ksa 956t<s « {~3r~^} s€:£:-8ft4C nests;. ^ ~~lfi7}'26ff-b642 fax u,v,w~.~ecaR:.ar~s 40 The Name construction projects of the past three years represent much mare than the sum of #heir parts far our students; they represent the prospect of a brighfer future. Thew Names are etrnsidered "Houses of Hope" because they represent an infusion of hope rota the lives of each student that participates in the construction process. By equipping young Alaska. S'3atives Grrztlx wrprk-ready trade skills, ATC is preparing graduates to become economrcaiTy triable and emplovabfe members of their cammuaxitias. I+flareawer, we are seeing an increase of our graduates desiring to stay on the Central. Peninsula far employment. Attached you will fend a. proposed schedute for the construction of the fast two homes during. the 2003-2009 sahoal year. C~rnstructian of the other 3 Names will be scheduled far 2t}09-201. i. 2. In thatit is in our best interests to ensure clean and ar°derly propertics far the sale of future projects, I am confident that in c:aaperation with your office cve can agr~ upon appropriate covenants that would satisfy bath of our interests. S. suggest that we meet to outline these covenants. 3. Amundsen Educational Center is interested in the following five properties on Second St.: I It30, 1102, 11€FA,1 If3&, 1 IU$ (parcel numbers 3910301 through 391€3305). Regarding tSre second set ofquestions in your Setter: 1. AEC` is requesting a donation afthe above named properties. This mays would be extremely beneficial to us in crux pursuit of reaohing self-sustainabiS.ity in the next five to seven years. Z ~ 3, We recognize that. $22,908.76 is the sum of what is due an these 5 properties. Ff the City is unable to accommodate a fuIl donation including paying Borough taxes and waiving city assessments, perhaps the city would require as to pay the 14YB fixes but. waive the past due assessments or some combination tixereaf. Tfit is necessary far us to cover the amounts due for eaclx property (K.I'B andJar COK}, we would request the opportunity t€r subordinate these costs until we sell the hotree built on each lot. According to sxaar nrajet:ted constru~tson cc(xed=ste, this would provide the CUIC these funds by 2t31 t. l trust that we can. agree upon a legal structure for the transfer of property and payment of past duo amounts that will satisfactorily address the pertinent issues. Once again, we greatly appreciate the cooperation of the City of Kenai tas discuss these issues and present this opportunity. A1iC has greatSy appreciated wanking vx~tSx the city on our recent projects. if given the chance with tlxesc tats, cve look forward to helping getting them back onto ttxe tax rafts over the nex~k few years. Sincerely, ~r r P~ .~ ~.' ~ ~', fry ''C i" ~ Arlark 1Ti11 I'n`eClitiVe lltreCtar ~. CS. Sax. ~rdfEJC Satiasna,. Alasd~a 9~1CiF9 * (4LF7} ZCnU-AC}4[ nx~s ea {98t'F} 24xt;.Y>t42 fn;: sv~+ru.ace n3c.arg 41 Construction Pian for t#ouses of Hope 2009 Project hiotase A Keith F9ouse B Jordan Date Started Date Completed Responsible Party Lot cleared 1-Jun 14-Jurt Volunteer / AEC Staff Excavation 5-AU 10-Au Hall /Zubeck /Other ? Footin s ! Foundation 11-Au 18-Au AEC Students Framin 19-Au 10Se AEC Students Roofin 11-Se 9-Oct AEC Students Dried in NlA 1D-Oet AEC Students Sidin 10-Oct AEC Students Electrical 10-Nov Contractor (AEC Students Plumbing 1 R-Nov Contractor !AEC Students Ensulation 1-0ec AEC Students Dry Wall 15-Dec Contractor / AEC Students Painting 10-Jan AEC Students Finish t Floorin 1-Feb Contractor 1 AEC Students Prep ed for Sale 1-Mar AEC Students For Sale April 01 2009 Lof cleared 1-Jun 14-Jun Volunteer 1 AEC Staff Excavation 15-Jun 1-Aug Hall / Zubeck t Other ? Foofin s 1 Foundation 6-Au 22-Au 1 sf ear AEC Students Framin 23-Au 18-Se 1st year AEC Students Roofln 1 g_Cani C~cc 10 1st year AEC Students Dried in N/A ®ct. 10 1st ear AEC Students Sidin 10-Oct AEC Students Electrical 10-Nov Contractor / AEC Students Plumbin 10-Nav Contractor / AEC Students Insulation 1-Dec AE Students D Wall 15-Dec Can rector t AEG Students Paintin 10-Jan AE Students Finish /Floorin 1-Feb Con rector / AEC Students Pre ed for Sale 1-Apr AEC Students For Sale iNay 9 2009 42 ,o~ . z` 2A .,, 5 0 6 7A e" ~' ~w c9 -'1 1 m N~ e G q4 N ~5 ~~ 7 _ i , P Q in ~ ~ 9 ti - ~ X10 11 ;12 013 mi4 M i5 16 i7 X18 C6 ~~j1 10 9 8 7 6 5 4 3 ~ 2 1 "/"~e z:.35 ea 30 24c'o 2iz2 251e 2~1A 2gt0 zoos 2u of CALIFC)RNiR AVE 7N ~ 7 6 ^~ _ 6 5~ _ 5 4 a . 4 3 °3 23 -2 y~ _~7-B 0.2-$ 1 _A M. = N 6-A 6 ~ 6 5 ~ - 5 } 4 ~ ~ ~ 4 3 ~ ~ 0 3 2e 2 1 = I° 1 6 c I6 3531 5 05 \\4N ~3 ~~ _3 "2 --1 ~`"~~ ~~i I P 1-A 6D ~ ~=5 }~ 4 g j 3 ~4 ~~7 8" _6 9_ N5 I 10= rv4 ~ 11 m 3 12 ~~ ~ ° 2 ` 13 1 14 3 ~' 1-A 14-A =6 I 7= °5 8~ -4 9= _3 10; 0 2 11 _Ta'~- H L u ' , ~ -~-' AAVE 8 9_ ~10 N ~ i~ 1 N' i 2 ~_ 13~ 14j 74-8 -7-=~ ~ $' I 9 ° ~ 10= ~ 121 - -1@4d6C` ~ h . 7 6 4. 1 1-A ~ °6 ~' 04(4 ~;=3 of 2425 ~ e6 7ti gN o5 8 9 4 9° 10 = 3 10 it 2 11 0 12 0 1 72 ~' 12-A ~ 0 1-A i2-A 'o' 70 ~ N °6 70 8 ~ ~ ~" = 5C B 9 o 4 9 i0 43 06 60 ~5 5N 04 4N " 3 ~3} 3 ~2 2a 07 1 0 0 1-A 1-A "a s6 6 0l ~5 ~ 5a // a4 l~} ~2} 4= TR. A TEXAS AVE TR. A ~° Suggested by: City Manager CITY DF KENAI €)RDINANCE Na. a3o I -2aos AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.50.010(b) BY ADDING TWO CLASS TITLES TO THE EMPLOYEE CLASSIFICATION PLAN AND AMENDING KMC 23.55.030(b)(1) TO ALLOW THE POLICE CHIEF TO BE ELIGIBLE FOR ADVANCED CERTIFICATION PAY. WHEREAS, a review of the job duties and responsibilities of the Public Works Administrative Assistant II (Range 9)has shown that the position should be reclassified; and, WHEREAS, that position should be changed to a new job classification: Public Works Administrative Assistant; and should be classified at a Range 10; and, WHEREAS, the Parks and Recreation Department contains a position that is a Department Assistant I {Range 3) in the ccrinter and a Parks and Recreation Supervisor (Range 6) in the summer; and, WHEREAS, a review of the duties and responsibilities show it should be reclassified into a new job classification: Parks and Recreation Operator at a Range 9; and, WHEREAS, pursuant to KMC 23.55.030(b) all officers of the Kenai Police Department, except th.e Police Chief, are eligible for certification pay for receiving either intermediate or advanced police officer certification; and, WHEREAS, the Kenai Police Chief should be eligible for certification pay for receiving advanced certification. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is amended as follows: SECTION I I~MC 23.5®.®10 Empiopee Classifioatson (bj ADMINISTRATIVE SUPP®I2T 201 Department Assistant I 3 202 Department Assistant II 7 203 Administrative Assistant I 8 204 Accounting Technician I 10 44 Ordinance No. 2301-2008 Page 2 of 3 205 Accounting Technician I 11 206 Accountant 16 207 Legal Administrative Assistant I 9 208 Legal Administrative Assistant II 11 209 Legat Assistant 15 210 Administrative Assistant II 9 211 Administrative Assistant III 12 212 Department Aide i 213 Parks and Recreation Administrative Assistant 10 214 Library Assistant II 6 215 Senior Center Administrative Assistant 10 216 Parks and Recreation Supervisor 6 217 Parks and Recreation Operator 7 218 Public Works Administrative Assistant 10 SEC't'IL1N T4d€9 KMC 23.55.030 Qualification Pay (a) In recognition of professional development, personal time, and effort of the individual to achieve same, the following annual recognition entitlement is authorized payable on a pro rate monthly basis. (b) This recognition entitlement is not considered when calculating hourly rates for annual leave or holiday pay. (1) Police Department Certification in accordance with State of Alaska Certification Standards. 45 Ordinance No. 2301-2008 Page 3 of 3 Police Officer Intermediate Certification $ 900/year Advanced Certification $1,800/year Police Sergeant Intermediate Certification $ 900Jyear Advanced Certification $1,800/year Police Lieutenant Advanced Certification $1,800/year Police Chief Advanced Cert~cation $1.800/year PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City. Clerk Introduced: April 16, 2008 Adopted: May 7, 2008 Effective: June 7, 2008 46 Suggested by: Planning & Zoning Commission CITI' OF KEIYIII CRDINAIVCE P%0. 2302-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING UPDATED ZONING AND LAND USE MAP5 FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI. WHEREAS, the Kenai Peninsula Borough Ordinance 90-31 delegated authority to the City of Kenai to make Land Use Amendments to tYze Comprehensive Plan; and, WHEREAS, the City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, since the adoption of the Plan numerous amendments to the zoning map have occurred; and, ~~'HEREAS, .these zoning amendments require an update to the Zoning and. Land Use Plan maps within the Comprehensive Plan; and, WHEREAS, the Planning & Zoning Commission held a public hearing on April 9, 2008 and unanimously recommended the Council adopt the updated maps. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that t14e City of Kenai Comprehensive Plan. Zoning and Land Use maps are replaced with the updated maps as shown on Attachment A, Attachment B and Attachment C. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May, 2008. ' PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 16, 2008 Adopted: May 7, 2008 Effective: June 7, 2008 47 li ~ U x u m 0 o N N ~ O m N O z U G ro 6 a; c U c. s m ~: E 4 L: x ~, 4' °z m a c 0 m 0 a , U m C N Y O Z` U _ .. _. s` p ~ p _ € ~ 9 ~ v~ e s W N ~ ~u ~' a (U o a ? Q F S (.i U V °c 3_ U ~ ~ ~ E c U U > > i~~ o I ~- a: m 4, CT S S m 48 W a o ~ Y U f~ l1 m O lJ' N N Q M N O z ~ I U G ^~ N 0 t '~ o a _~ L m i a "~ ~ !' K~ s ~`' m L e ~~ d _.. _ Ulj e ~ ~ _ w m 'Pa y v ~ o ~ O ~ ~ xi D7 ~ ~ N O d i ~ O c ~ C N ~, a O _T ~ U ~~ rs ~, ' ~ ~. m Y 8 h ~ e g d ~ .. r a R ~a a .per ~ ~; 5 ~ ~R $i (~ e n s§~~ e~ ~ ~ d s g:~ f' ~~ ®~ ~ , , J B " A N E ~ » a C 4 a Kenai Spur H~9h`N y s € € S S y _ c ~ n m £ E d N - e ~ ~ a a ., a u u~§ x z a .._... ~ " A_E I ~ .. I O ti Zi r.. ti C ii N 49 ~` ~v ~~< ~m ~. ~. a 0 N M O N N 0 v G G ~+ .~ 3y m 0 ti N T J 4 L., P" C E U 0 U 50 CETY OF KENAI PLANNING AND ZON(NG COMMISSiQN KENAE, ALASKA RESOLUTION NC7. PZOS-15 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING ADOPTION OF THE UPDATED ZONING AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI BY THE KENAI CITY COUNCIL. WHEREAS, The Kenai Peninsula Borough Ordinance 90-31 delegated authority to the City of Kenai to make Land Use Amendments to the Comprehensive Plan; and, WHEREAS, The City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, Since the adoption of the Plan numerous amendments to the zoning map have occurred; and, WHEREAS, These zoning amendments require an update to the Zoning and Land Use Plan maps within the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council update the Gity of Kenai Comprehensive Plan with adoption of the updated City of Kenai Zdning and Land Use Pian Maps as shown on Attachment A, Attachmen# B, and Attachment C. Dated at Kenai, Ala^si~a this 9th day of April, 2008. Chairman:, ry/1""~ . ATTEST: 51 ~\ J,,~- { -~ ,.r Ej1C GlEy of // `~l/i~Ca~e rwitl~ a Past, Gc~ wit~t a ~r~tr~Ye~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 1 ( Tetephone: 907-283-75351 FAX: 907-283-3014 1lIIt1 1992 MEMO: TO: City Council ~~ FROM: Rick. Koch DATE: ApriE 8, 2008 SUBJECT: Amendment to Lease The purpose of this correspondence is to request Council approval of a lease amendment between the City of Kenai and Schilling Rentals for property described as Lot 13 and 14, Block 1, Caok Inlet btdustrial Air Park, according to Plat loo. K-1448. The effect of this lease amendment will be to terminate flu-ough mutual agreement the portion of the lease for lot 13, and to extend the eonshtitction completion date in the development schedule for lot 14 co December 31, 2009. Lot 13 is contiguous to the Alaska State CaurC System propert}+. The Court System has inquired as to leasing the property to supporC additional parking for the caurthouse. The development of Lot 14 as shown. on attachment "A" to the lease amendment wilt provide additional office lease space in the Kenai core area and is in the best interest of the City. Thank you for your attention in this matter. If you have any questions please contact me at your earliest convenience. attachment 52 AMENDMENT TU LEASE That certain lease dated December 9, 2004 and recorded at Book 2004-012817-0 between the CITY QF KENAI (Lessor), whose address is 210 Fidalgo, Kenai, Alaska 99611, and DAVID SCHILLING and MICHAEL SCI-TILLING d/b/a/ SCHILLING RENTALS (Lessee), whose address is 47 Spur View Drive, Kenai, Alaska 94611, encompassing die following property located in the Kenai Recording District, Third 3udicial District, State of Alaska; Lots 13 and 14, Block 1, Cook hilet Industrial Air Park, according to Plat Na. K-1448 (hereinafter Lots 13 & 14) is hereby amended as follows: t , The portion of the lease covering Lot 13, Block 1, is hereby terminated by mutual consent of the parties. The remainder of the lease as amended herein is still in effect for Lot 14, That portion of lease payments made that were owing for Lot 13 after December 9, 2007 shall be credited against the Lease amount due for Lot 14. 2. The construction completion date in the development schedule for Lot 14 is hereby extended to December 31~`, 2009. 3. The development schedule for the lease is amended as shown on Attaclunent "A." 4. The Lessor will be responsible for any unpaid 2008 property taxes on Lot 13. Amendment to Lease Pave 1 of 3 53 DATED this day of 2008. LESSOR CITY OF KENAI By: Riclc R. Koch City Manager LESSEE SCHILLING REIvTTALS By: David Schilling By: Michael Schilling STATE OF ALASKA } ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 20Q8, RICK R KOCH, City Manager, City of Kenai, being personally lrnown to me or having produced satisfactory evidence of identification, appeared before me acid acknowledged the volmltary and authorized execution of the foregoing insh~unent on behalf of said City. Notary Public for Alaska My Commission Expires: Amendment to Lease Page 2 of 3 54 STATE OF ALASKA ) } ss. THIRD JUDICIAL DISTRICT } THIS I5 TO CERTIFY that on this day of 2008, DAVID SGHILLING, being personally known to me ar having produced satisfactory evidence of identification, appeared. before me and acknowledged. the voluntary and authorized execution of the foregoing u2strument. Notary Public for My Commission Expires: STATE OF ALASI{A ) } ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CER`ITFY that on this day of 2008, Michael Schilling, being personally knawn to me or having praduced satisfaotory evidence of identification, appeared before me and acknowledged the voluntary and authorized exeeutian of the foregoing instrument. Notary Public for My Commission Expires: Approved as torform: ~..b Cary R. Graves City Attorney Return to: Cary R. Graves City of Kenai 210 Fidalgo Ave. Kenai, AK 9961.1. Amendment to Lease Page 3 of 3 55 ATTACIiMENT "A" Fi3Ft'C11'Y USEONLY Date / ~r~ CTTY OF I~ENAI sigriazii~e %" -l 210 Fidalgo Avenue, Kenai, Alaska 996117794 (907) 283-7535 Ext. 223 LEASE APPLICATIC3N -~ ~'~ ~' For Land Outside the Kenai Municipal Airport Reserve ] .Name of Applicant ~ ~'(./6 ~ A"'C ~~(.f d. L ®° CBI ~- 2.BusinesaName ~G"~~,d`-[-faE.%~ xt",e~`~t1d~~-~ 3. Business Type {Circle one) sole nranrietoc ~artnershiv' carrn~ratian L:LC, 4. AK Business License S. Mailizig Address 6. Telephone _ 7. Email 8. Kenai Peninsula Borough Sates Tax No. (rf applicable} 9. Land.ftequested: Tf platted, give legal deseri:ption ~vT l `~' ~6-~/' ~ J~~'~Pz ~A1e~ 1 1~a91%. ~.~ ~°t'F=~= If not platted, attach a site plan showing the proposed dimensions and location on the Airpozk. 10. Proposed Lice of the Property (Ba specific} ~~~7Aa'~'fs~-~- e~r"a'>~ ~ .5+''~ ~ 11. Lease'Perm Desired years 12. If you plan to construct. improvements or athetwise develop the property: a. Attach a Development Plan (see attached check}ist} b. Describe she budding type, constracHon materials, size, eta G'mryr~e°~',~a,r,~ ~ ~~`~ae~ .~.'~ ~d~'- _S,?Rjc ~'' Cdn~`s~sc+rr onrM~.. ~'~/~-i<.~ m^/.~~ ~",~Ra,•s..~c~wP.se E' -`.e~6t eu*.aeoey.4s G. ~s.H,=.~ c. Construction beginning date. 5TR'a ~ Gr ,gin 9° d. Construction cotnpletion date {maxhnum of two years) r.~a- ~ «'t ~y e. Estiznatecl total. cost of the proposed development & improvements $ /,'r5. ~'~ ~ 5'l 14. If you would like tlxe City to consider any additional information relating to your proposal, please put it in writing and submit it with this application. APPLICANT'S SIGi'~iATLiPaE:. ,~'a--..~r".,~,~^~ Date: '~°-0°Q~' Printed name: 7%,4V e 7 ~.N r t--t- r fy - Title: t~.°4-~ 3"R1G`7~ APPLICANT'S SIGNATURE: ~°`~`'"~`<-'~""~~ Date: `~° °' f- G ~`° Punted nanre: [`9 I G t~l r4 L L S`G J-d w €... [. I fJ Gm Title: t~.~-r +~ ~-7~ Page 1 of 3 56 KENAI MUNIC'Il'AL AIRPtJR'T Lease Application for Land Outside the Kenai Municipal Airport Reserve DEVELtiPM.Eh'T PLAN CHECKLIST (All items trust be included before a lease application wiII be accepted.} A I?E~TGLOI'MENT PLAN MUST INCLUDE A DRAWING ANTI A NARRATIVE. i. Tlrawnngs must be drawn to scale, but need not be prepared by an architect ar engineer. 'Drawings must. show the: following: a. The Sayout of the lot showing the height{s}, sizes} and location{s} of all - Existing buildings 1 Proposed buildings - Existing and proposed antennas, pales, and towers b. Parking facilities (location and number of spaces} a Site improvements ~ Areas to be cleared and method of disposal - Proposed gravel. or paved areas - Landscaping plan (retention of nataral vegetation and/or proposed planting areas) d. Building sat backs e. I'irainaae nlan and snow storage areas f. Traffic cizculation plan (all entrances, exits and on-site access} g. Location of sign(s) - {sign permit required before installation} h. lancing - (permit required before installation If height exceeds 6 feet) i. Curb cuts (where applicable) .~-' }~e~Rrt -.' .~ ~-~c.e.~eet~ 2. Narrakive must explain how your proposed use and development of the property will conform with: a. the zoning ordinance of fhe City ~' b. the comgrchensive plan of the City '~" ,~°~'`'~""'`L Page 2 of 3 57 s ~ ~~ ~~ ~~~,- 47 Spur View Dr Kenai, Alaska 99611 9d7-283-3664 March 31, 200$ City of Ifenai 210 Fidalgo Street Kenai, Alaska 99611 Re: Amended Lease for Lot 14, Block 1, Cook inlet Industrial Airpark Subdivision Attn: Mrs. Kim Howard Dear Mrs. Howard: The following information regarding our proposed amended development plan is being submitted pursuant to your request: No. 1. Development Plan Item C Rreos to be cleared Very little clearing will be needed as this property was fully site graded by the city after testing was completed in late 1596. There are a row of trees along the north boundary of the property. We intend to retain as many of these trees as possible during construction. Landscooina Plan Please see the {andscaping plan submitted with the original lease application. We wiiE make our lot conform esthetically with the courthouse parking area on Lot 13. Item E Drainage & Snow Storage All areas around the proposed building will be paved to conform to the parking requirement. Code compliant storm dra@ns will be installed and tied into the city system to prevent runoff into city streets. Areas along the north boundary of the building site will be used for snow storage. Additionally, we have a snow storage lot across Trading Bay Drive that can be utilized if needed. Snow v~titi be transported to this lot via loader to minimize impact to city streets. 58 Zoning The subject lease property is located in the commercial business district of the city adjacent to the Third !ud'sc'sal District Courthouse. The proposed use conforms to the applicable code for this area of (CG). Comprehensive Pton The proposed development appears to meet the goals set out in the City's Comprehensive Plan dated Nov 5, 2003. If you have any additional needs or have questions regarding this letter or our Development Plan please feel free to contact my office at 283-3650. Very truly yours, ~~ David Schilling, Partner SCHILLING RfNTRLS DLS(mlk 59 _ _. ~ i~ ~~ ~~ ~ -c> -~ Sy ."iw Fx '> n F 8 R..rc.. C ~ c b m _. _ the ciEy u{ f/ „Ui~`ae avEt~t ~ P~xx~ ~i Lui~~t ~ F~~e„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 1 Fax: (907} 283-3014 www.ci.kenai.ak.us X11'1®r~.11C~U111 Date: April 9, 2008 To: Rick R. Koch, City Manager From: Kim Howard, Assistant to the City Manager RE: Consent to Sublease -Portion off Lot 1, 131ack 1, Gusty Subdivision The lessee of the referenced property, Sun Sims, has requested approval of the attached Sublease to Dwight Davis far afood-to-go barbeque style restaurant, The property is at the Spur Highway and Main Street iJoop inierseetion. Tfie 14' x 2D' building wilt be mobile without a foundation. The Sublease is for one year, with an option fo renew in one year. The lease between the City and Sun Sims states the lessee shalt, "not assign this lease or any part, not let, nor sublet, either by grant or implication, the whole or any part of the premises without the written consent of the City" The purpose is allowed under the lease and the Kenai Zoning Code. Sun Sims and Dwight Davis are incompliance in payments to the City and taxes to the Borough. The City Attorney has reviewed the documents and has no objections. If Council approves the Sublease, a Consent to Sublease can be prepared for your signature. Attachments /kh 61 SUBLEASE This sublease is entered into between SUN SIMS, whose address is P.O. $ox 671091, Chugiak, Alaska 99567, (Sublessor} and DWIGHT DAMS, whose address is 5088 Beaver Loop Rd., #1, Kenai, Alaska 99611, (Sublessee). Sublessor does hereby sublease a portion of her interest in the leasehold estate as evidenced by that certain. Lease Agreement with the CITY OF KENAI as Lessor, recorded on October 24, 1977, at Book 1 I5, Page 947, Kenai Recording District, alyd covering the following- describedproperty: Lot 1, Block 1, Gusty Subdivision, according to Plat No. K-1700; to Sublessee to have and to hold the same from the date hereof, for one year with an option to renew in one year. The terms ofthe sublease sha11 be: ~ ,5ac~.p~s ~~~,;;~ 'h.~n~~r~ i ~ e,i~al s i~ef~/r1ur~~~. Sublessee agrees to comply fully with ail the terms and provisions of the Lease, and io hold the Sublessor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Sublessor has hereunto set his hand and seal this Q " day of f'~ 'f , 2008. SUBLESSOR; j /f F Sun Sims SUBLESSEE: t Wight DBV~rS Assignment of Lease -Page l of 2 63 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) ~l~J ~- TffiS IS T4 CERTIFY that on this r~ day ofd~~ ~'~ f , 2008, SU1V SIMS, being personally known to me or having produced satisfactory evi once of identification, appeared before me and acknowledged the voluntary and authori ed execution of e foregoing instrument. asy Public for Alaska ~v s;ornn~isslon Expires My Commission Expiras: ~Aav23, 2090 STATE OF ALASKA ) )ss TI~SIRD JUDICIAL DISTRICT ) being personally known to me or having produced satisfactory evidence of identificaton, appeared before roe and aaknawledged the voluntary and authorized executiar. of tha foregoing instrument. ~ M1 1 ': No ry Public for Alaska My Commission Expires: _ ~s' Cammlaslon 6cplrss e ~~ $C'hlnl t0; City oP Kenai 210 Fidalgo Avenue Kenai, AK 99611 Assignment of Lease -Page 2 of 2 r~ddz-- THIS IS TO CERTIFY that on this ~ day of ~, 2008, DWIGHT DAMS, 64 KENAI AIRPORT COMMISSION APRIL Z0, 2008 KENAI CYTY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETYNG SUMMARY -- March 13, 2008 STEM 4: PERSONS SCHEDULED TO BE HEARD ITEM S: OLD BUSINESS a. Discussion/Recommendation -- Float Plane Basin Development ITEP.'I 6: NEW' BUSINESS ITEM 7: REPORT a. Commission Chair b. Airport Manager o. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO SE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for March 19 and April 2, 2008. b. City Manager Memorandum -- Airport Reserve Rezone c. Request for Proposals -- Professional Services d. February Enplanements e. Air Fair Committee Meeting Minutes -March 12 and 26, 2008. ITEM 11: ADJOURNMENT 65 KENAI AIRPORT COMMISSYON APRIL 10, 2008 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAYR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 9:05 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, J. Bielefeld, H. Knackstedt, C. Versaw, D. Haralson, and L. Porter Commissioners absent: E. Mayer Others present: Council Member M. Boyle and Airport Manager M. Bondurant ITEM 2: AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- March 13, 2008 M!1'1`Tl1N• Commissioner Haralson MOVED to approve the March 13, 2008 meeting summary as presented and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. YTEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion/Recommendation -- Float Plane Basin Development Commissioners reviewed two drawings submitted by Wince-Corthell-Bryson and it was noted, Casey Madden was available for questions. The Commissioners all agreed the lots would need taxiway access, as well as vehicle access for customers. It was noted, Airport Manager Bondurant and a representative from Wince-Corthell- Bryson would report back on FAA requirements for security and roads parallel to taxiways, as well as a clarification on taxi-lanes and taxiways. ITEM 6: NEW BUSINESS -- None. 66 ITEM 7: REPORT Z-a. Commission Chair -- Knackstedt noted cracks he observed in the new runway paaement. 7-b. Airport Manager -- Airport Manager Bondurant noted the following: • An update of Air Fair plans. • The runway project, including the renaming of the taxiways during the week of April 21. • New signs installed at the Float Plane Basin. • Crews were busy with spring clean-up. • The airport would have a booth at the Alaska Airmen Trade Show to promote the airport and the Air Fair the weekend of May 3. 7-c. City Council Liaison -- No report. ITEM S: COMMISSIONER COMMENTS AND pUESTIONS Haralson -- Reported an open house would be held at the Palmer Airport on June 14. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION ITEMS ZO-a. Kenai City Council Meeting Action Agendas for March 19 and April 2, 2008. 10-b. City Manager Memorandum -- Airport Reserve Rezone 10-c. Request for Proposals -- Professional Services 10-d. ,February Enplanements 10-e. Air Fair Cam~mittee Meeting ~,inutes -March 12 and 26, 2008. ITEM 11: ADJOYTRNMENT MOTION: Commissioner Porter MOVED to adjourn and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:35 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING APRIL 10, 2008 PAGE 2 67 KENAI HARBOR COMMISSION MEETING: APRIL 7, 8008 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER d~ ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- March iQ, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Dssensssott -- Harbor Goals ITEM 6: NEEiT BUSINESS ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTSIOUESTIONS ITEM 3: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFOP..'~fiATION a. Kenai City Council Action Agendas of March 5 and 19, 2008. ITEM 11: ADJOURNMENT 68 KENAI HARBOR COMMISSION MEETING APRIL 7, 2008 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR PRO TEMPORE GARY FOSTER, PRESIDING MEETING SUMMARY ITEM I: CALL TQ CHRIBER 8v ROLL CALL MOTION: Commissioner Poynor MOVED to appoint Gary Foster Chair Pro Tempore and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. Chair Pro Tempore Foster called the meeting to order at approximately 7:10 p.m. Roll was confirmed as follows: Commissioners present: P. Morin, G. Foster, A. Poynor, D. Gregory, R. Peters Commissioners absent: B. Osborn, T. Thompson Others present: Parrs & Recreation Director R. Frates, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL Commissioner Peters noted the following: ADD TO: ITEM 5-a. OId Business • Bird Viewing Platform MOVE: ITEM 5-a. Old Sussness -- Harbor Goals • Move to 5-b. MOTION: Commissioner Peters MOVED to approve the agenda with the additions noted and Commissioner Poynor SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- March 10, 2008 MOTION: Commissioner Morin MOVED to approve the meeting summary of March 20, 2008 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO SE HEARD -- None 69 ITEM 5: OLD BUSINESS 5-a. Discussion -- Bird Viewing Platform Commissioner Gregory noted he had had an informal discussion with Robert Ruffner from the Watershed Forum and the following items were discussed: • Ruffner would be requesting silt from the removal of ramps be made available to the Watershed Forum for rehabilitation of the area where the platform would be built. • Ruffner requested Jersey barriers to prevent motorized access near the platform. • -The Watershed. Forum would provide gradilzg, placement of silt barriers and seeding. • Ruffner requested the City assist with signs and fencing. Gregory indicated his impression was a parking area was not being planned but encouraged the Commission to conssder it as part of the project. Commissioner comments included: • Supported parking be added, including handicap parking. • Supported any rehabilitation efforts urchin the Harbor area. • Suggested Frates meet with Ruffner to set survey points . • Supported silt be provided for the rehabilitation process. MOTION: Commissioner Morin HOSTED to suggest the City provide dredging far fill needed pending necessary permitting. Commissioner Poynor SECONDED the motion. There were no objections. SO ORDERED. 5-b, Discussion -- Harbor Goals Frates referred to the goals and objectives included in the packet and noted. changes to the mission statement suggested by Commissioner Poynor. Commissioner comments included: • Add a seventh objective under the heading social {short term) to read "use various means of media to provide public information regardvzg the dip net fishery and other issues of the Harbor Commission.." ITEM 6: NEW BUSINESS -- None ITENI7: REPORTS 7-a. Director -- Frates noted a purchase order had been issued to I{enai Welding to repair the floats; the Parks 8v Recreation Commission supported raising tkie HARBOR COMMISSION MEETING MARCH 10, 2008 PAGE 2 70 dip net fee from the proposed ~ 15 to $20; and, the Parks Ew Recreation Commission would be holding a special meeting on April 10, 2008 to discuss a draft ordinance regulating use of motorized vehicles on the North Shore. 7-b. City Council Liaison -- CouncIl Memher Boyle reported on the April 2, 2008 City Council Meeting, including a presentation by a Kenai Central High School student on the importance of protecting the dunes. ITEM S: COMMISSIONER COMMENTSIOUESTIONS General comments included: o Supporting the enforcement of current regulations rather 'than introducing new rules with regard to motorized vehicles on the North Shore. Requested Frates report these comments during the next Parks 8v Recreation Commission meeting. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 1D-a. Kenai City Council Action Agendas of March 5 and 19, 2008. ITEM 11: ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Gregory SECONDED the motion. There were na objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:00 p.m. Meeting summary prepared and submitted by Corene Hall, Deputy City Clerk HARBOR COMMISSION MEETING MARCH 10, 2008 -- PAGE 3 71 XENAI LI$RARY GOMMISSIdN KENAY COUNCIL CHAM$ERS APRIL 1, 2008 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- March 4, 2008 ITEM 4: PERSONS SCHEDULED Td $E HEARD ITEM 5: OLD $USINESS a. Discussion -- Library Consultant/Library Expansion b. Iiscussion/Update -- Library Expansion Project c, Discussion -- Fine Free Weelc(Peninsula Food Bank d. Discussion/Update -- FY09 Budget ITEM 6: NEW $USINESS a. Discussion -- Friends of tine Library/Commission Representative b. discussion -- Rasmuson Tier 1 GrantJNew Furnishings ITEM 7: REPORTS a. Birectar b. Friends of the Library c. City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO $E HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of March 5 and March 19, 2008. b. Updated Library Commission Membership List ITEM 11: ADJOURNMENT 72 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS APRIL 1, 2008 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER & ROLL CALL Chair Bryson called the meeting to order at approximately 7:01 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, M. Graves, E. Bryson, R. Peters, C. Brenckle, C. Cook Commissioners absent: E. DeForest Others present: Library Director M. Joiner, Council Member H. Smalley A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenekle MOVED to approve the agenda and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- March 4, 2008 MOTION: Commissioner Brenckle MOVED to approve the meeting summary of March 4, 2008 and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5-a. Discussion -- Library Consultant/Library Expansion Joiner noted City Council passed Ordinance 2293-2008 on March 19, 2008 to increase revenue by $5,000 for a donation to the Friends of the Library to hire a consultant. SaI Mattero, President of The Friends of the Library -- Reported Ann Myren and Cacily Stern were hired as consultants; they would be in Kenai on April 12 and 13 to assist in strategic planning and forming a fundraising plan; and, he estimated the Friends may be expected to raise approximately $300,000. 5-Ia. 'Discussion/Update -- Literary Expansion Project 73 Joiner summarized the Rasmuson Tier 2 grant proposal, noting she had met with Architect Peter Klauder and Jim Evenson who designed a plan to allow a lot of light. 8-c. Discussion -- Fine Free Week/Peninsula Food Bank Joiner noted Fine Free Week would be April 14 - 20 during A'ational Library Week and food would be collected for the Food Bank: 5-d. DsscussionJUpdate -- FY09 Budget Joiner summarized the personnel part of the library's budget. ITEM 6: NEW BUSSNESS 6-a. Discussion -- Friends of the Library/Commission Representative Heus noted she had been the Commission's representative at the Friends of the Library meetings acid thought a different perspective would be beneficial. Brenckle suggested quarterly joint meetings of the Commission and the Friends of the Library. 6-b. Discussion -- Rasmuson Tier 1 Grant/New Furnishings Joiner noted the library would. purchase face out shelving for magazines and comfortable seating. STEM 7: REPORTS 7-a. Director -- Joiner reported on the sessions she attended at the Public Library Association conference in Minneapolis. 7-b. Friends of the Library -- Heus noted Nedra Evenson wrote a great history of the library, reported on the annual membership drive, and encouraged everyone to attend the consultant sessions on April 13. 7-c. City Council Liaison -- Council Member Smaliey reviewed the City Council action agenda included in the packet, noted the KEDS forum on April 17; and, noted the ordinance for $15,000 for architectural services passed. ITEM S: CS~tMMISSIC9N CQMMENTS/QLJESTI®NS Heus asked about the VJalmart deadline and the appraised value of the land. Cook welcomed Graves to the Commission and stated she enjoyed the conference report. Brenckle noted her excitement with the beginnings of fundraising. LIBRARY COMMISSION MEETING APRIL 1, 2008 PAGE 2 74 Peters welcomed Graves to the Commission. Graves noted she was looking forward to working on the Cammission. Srysor< thanked the director and the City for the Tier 2 document. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ICE-a. .Kenai City Cauncii Action Agendas of March 5 and March 19, 2008. IO-b. Updated Library Commission Membership List ITEM II: ADJOURNMENT MOTION: Commissioner Srenckle MO~7ED to adjaut~t~ and Commissioner Peters UECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8;33 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING APRIL 1, 200& PAGE 3 75 KENAI PARKS & RECREATION COMMI: APRIL 3, 2008 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ~ ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- January 3, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Brenda Ahlberg, Boys & Girls Club of the Kenas Peninsula -- Update b. Brian Hosssngton -- Air Dome Sports Facility STEM S: OLD BUSINESS a. Discussion -- Kenai Sports Complex Sign b. Discussion -- Senior Little League Fields ITEM 6: NEW BUSINESS a. Discussion -- Tent Camping b. DiscussicnJRecomxnendation -- Dip Net Fees ITEM 7: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 8: COMMISSION t,IUESTYONS & COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE BEARD ITEM 10: INFORMATION a. Council Action Agendas of March 5 and 19, 2008. b. Beautification Committee Meefing Summary of March 25, 2008. o, Kenai River Regulation Changes d. Department of Natural Resources Final Regulation 1/31/08 e. Department of Natural Resources New Regulation Fact Sheet f. 2 J21/D8 CLF memorandum, "Preparation of Commission/Committee Packets." ITEM 11: ADJOURNMENT 76 KENAI PARKS & RECREATIQPt GOMMISSIOPd APRIL 3, 2005 CITY HALL COUPICIL CHAMBERS 7:00 P.M. CHAIR DALE SAI~DAHL, PRESIDINCa MEETINCv SUMMARY ITEM I: CALL Td QRDER ~ ROLL CALL Chair Sandahl called th confirmed as follows: Commissioners present Commissioners absent: Others present: e meetu2g to order at approximately 7:1.0 p.m. Roll was A. E-lull, D. Sandahl, K. McDonald, T. Wortharn, M. Gabriel, J. Beeson J. Foglia Parks & Recreation Director R. Frates, Council Member B. ~Idridge A quorum was present. ITEM 2: ACrENDA APPROVAL Frates noted the following lay down item: ADD: Item 6-c. Idew Business a Setting Special Meeting Date The agenda was approved as amended. ITEM 3: APPROS7AL OF MEETIiVCx SUMMARY --January 3, 2008 The meeting summary of January 3, 2008 was approved as submitted. ITEM 4: PERSONS SCHEDULED Td BE HEARD 4-a. Brenda Ahtberg, Boys & Cxixls Glub of the Kenai Peninsula -- Update Ahlberg gave an update on the Boys &. Girls Club activities for the past year, noting the Boys 8r, Girls Ciub would be receiving a $20,000 grant for its Police Athletic League (PAL) program; the decrease in attendance from 2006 to 2007 was due to the Arctic Winter Games in 2006; and, they would like to remodel the lobby. 4-b. Brian Hoisingt®n -- Air Dorne Sports Facility Hoisington expressed a need within the community for an indoor sports facility with astra turf and room for multiple sports including golf, baseball and basketball, noting the approximate cost would be $625,000 with utilities from $2,500 to $0,000 per 77 month. Hoisington noted this would be a privately run operation and he would be exploring long-term lease options with city property. ITEM 6: OI,D SUSINESS 5-a. Dsscussioaa -- Kenai Sports Complex Sign Frates reviewed the information included in the packet and requested a recommendation from the commission. MOTION; Commissioner Huli MOiIED to approve the sign for the sports complex as presented. Commissioner Beeson SECONDED the motion. Thera were no objections. SO ORDERED. 5-b. Discussion -- Senior Little League Fields Frates reviewed the List of maintenance items from the last meeting, noting Little League ad requested an opening in the fence at the first base dugout on the senior field. Commissioner comments included: Concerned with safety issue of fence height in left field. • Concerned with depression iri right field. • Would like to see work done early before June American Legion play begins, ITEM 6: NEW BUSINESS 6-a. Discussion -- Tent Camping Sandahl noted there was a recommendation from administration to table this discussion. MOTYON: Commissioner t~7ortham MOVED to table discussion on this issue and Commissioner Gabriel SECONDED the motion. There were no objections. SO ORDERED. 6-b. Discussion/Reeommendatiom -- Dip Net Fees Frates reviewed a memorandum included in the packet, noting some people may not participate in dip net fishing if the fees would be increased from $15 to $20, but administration did not think the revenue would be lost. Commissioner comments included: PARKS &v RECREATION COMMISSION MEETING APRIL 3, 2008 PAGE 2 78 • Statistics indicated three percent of participants were from Kenai, four percent froth the Peninsula, and the remaining 93% from off the Peninsula. • Supported the fee increase, suggested even higher fees. • Wanted to see the capital costs before making the fee increase. MOTION: Commissioner McDonald MOVED to increase the dip net fee from the proposed $15 to $20. Commissioner Wortham SECONDED the motion. VOTE: MOTION PLiSSED. 6-c. Discussion/Recommendation -- Setting Special Meeting Date Sandahl noted the lay down item presented at the beginning of the meeting and explained, due to public notification requirements, a special meeting would need to be scheduled to discuss a proposed ordinance related to motorized vehicle use on the north beach. MOTION: Commissioner Hull MOVED to schedule. a special meeting on April 10, 2008 at 5:30 p.m. Commissioner Gabriel SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-a. Commission. Chair -- Sandahl noted the Commission did not have a designated student representative, but encouraged Mr. Beeson to seek out high school juniors willing to serve, noting they could then serve for two years. 7-b. Director -- Frates noted the following: • He participated in the job fair on March 26, noting summer positions are available through job service as well as the groundskeeper position. • Would be participating in a tree safetyJcare workshop on April 22. • Reported on the multi-purpose facility activities. • Agrium would be donating urea to use on the Little League f elds. • Has a park host interested in Municipal Park from June 1 through mid-August. • Beautification committee selected new summer banners. PARKS & RECREATION COMMISSION MEETING APRIL 3, 2008 PAGE 3 79 7-e. City Council Liaisasa -- Eldridge gave updates on Lowe's and Wal-Mart developments and suggested Section. 36 of the Master Plan be modified to include other potential use since there had been interest from the Kenai Kennel Club and the Sports Dome. ITEM 8: COMMISSION pUESTIONS Sv COMMENTS McDonald noted she would like to see the multi-pixrpose facility open during the summer and future consideration should be given to positioning a campground host there. Fxates noted the draft Kenai River Regulations were in the packet. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO $E HEtfiRD ITEM 10: 10-a. lE}-~. 10-c. I O-d. 10-e. iQ-f. ITEM ii: MOTION: TNI:ORMATION Council Action Agendas of March s and 19, 2008. Beautification Committee Meeting Summary of March 25, '2008. Kenai River Regulation Changes Department of Natural Resources Final Regulation 1 / 31 /08 Department of Natural Resources New Regulation Fact Sheet 2 J21 j08 CLF memorandum, "Preparation of ComrnissionJCommittee Packets." tiD3viIRNMENT Commissioner Huil MOVED to adjourn and Commissioner Gabriel SECONDED the motion. There were no objections. SO ORDERED. There being.no further business before the Commission, the meeting was adjourned at approximately 8:30 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PARKS 8v RECREATTON COMMISSION MEETING APRIL 3, 2008 PAGE 4 S~ SPECIAL MEETING KENAI PARKS Sc RECREATION C APRIL I0, 2008 CITY fIALL COUNCIL CHA' 5:30 P.M. CHAIR DALE SANDAHL, PRESIDING MEETING SUNLMARY ITEM l: CALL TO ORDER & ROLL CALL Chair Sandahl called the meeting to order at approximately 5:34 p.m. Roll was confirmed as follows: Commissioners present: A. Hu11, D. Sandahl, M. Gabriel, J. Beeson Commissioners absent: J. Poglia, T. Wortham, K. McDonald Others present: Parks 8v Recreation Director B. Prates, Council Member B. Eldridge A quorum was present. ITEM 2: AGENDA APPROVAL A request was made to include City Manager R. Koch's memorandum related to the draft ordinance be added to the packet. There were no other changes made to the agenda and it was approved. YTEM 3: NEW BUSYNESS 3-a. Discussion/Recommendation -- Draft Ordinance/Regulating Use of Motorized Vehicles on the Public Beach, Sand Dunes, and Bluff Slope of the North Shore Area From the North Side of the Mouth of the Kenai River to the Kenai City Limits. MOTION: Commissiorier Hull MOVED to recommend approval of the draft ordinance to the council, including the memorandum of City Manager Koch. Commissioner Beeson SECONDED the motion. The floor was opened for public hearing. Dennis Gregorp -- Spoke in opposition to the ordinance, noting the following: • Lack of advertising, + It would penalize residents one percent of the year and would be too restrictive for handicap, elderly, and others. • It could increase refuse left behind by campers since walking in/out and increase traffic on dunes. 81 Will lead to more demand on enforcement duties and would be difficult to enforce.. • The ordinance would not do what it was intended to do and encouraged more time for advertising, observation, and input from the community. Bob Peters, ®l@ Towa, Kenai -- Peters noted the following: • Questioned why the ordinance was being proposed and asked if it would be in effect year-round. • The beach is used by a lot of folks, including driving the beach, and is a real asset to the community. • He opposed the ordinance and was of the opinion, it was too restrictive. Rick Koch, City Manager, City of Kenai -- Koch noted the following: • Agreed with some of Peters' remarks. Reviewed administration`s action to address issues, i.e. additional seasonal staff, fencing, signage, and staff coverage. • Cited prohibitions already in place related to concerns of ATV use, motorized traffic and destruction of dunes. • Expressed concerns to where the vehicles would be displaced. • Conflicts between commercial users and dip net fishers the past two years had been minimal, he had not heard significant complaints from camrnercial users, and most comments had been favorable. Chuck Kopp, Kenai Chief of Police -- Comments included expanded police efforts and data with regard to estimated participants, tickets and management practices. Commissioner discussion followed, including the following comments: • Percentage of local users versus outside the Kenai Peninsula. • Number of permits issued by Fish 8v Game. • Daily use estimates, frequency of complaints, enforcement ticke*_s issued, and. management toms in place to address those issues. • Concern that 97% of the participants live outside the community and due to their lack of caring, ruin the beach use for local residents. • Passage of the ordinance would not be the answer to the problems/issues. • Satisfaction with the dip net report and administration's level of effort and direction. Suggested forward thinking to relocate current Little League fields to Section 35 and space from fields coukd be used or parking/camping. VCfiE: ~MCDOnald i Absent ~ Wartham ~ Absent ~ Gabriel Na ^~ Beeson MQTI®N P'AILElS U1~"PeNdM®L3SLY. SPECIAL PARKS & RECREATION COMMISSION MEETING APRIL 10, 2008 PAGE 2 82 ITEM 4: PERSONS PRESENT NOT SC&IEDULED TO SE BEARD -- None. ITEM 5: ADJOURNMENT MOTION: Commissioner Hull MOVED to adjounz and Cammissioner Gabriel SECONDED the motion. There were no objections. SO ORDERED. There being'no further business before the Commission, the meeting adjourned at approximately 6:39 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk SPECIAL PARKS 8v RECREATION COMMISSION MEETING APRIL 10, 2008 PAGE 3 83 CITY OF Ie.ENAI PLANNING c& ZONING COMMISSION AGENllA CITY COUNCIL CHAMBERS April 9, ?008 - 7:00 p.m. I. CALL TO ORDER:. a. Roll Call b. Swearing In off New Commissioner -Gerald $rookman c. Agenda Approval d, Consent Agenda e. *Excnsed Absences A Commissioner Bryson Y Commissioner Wisnsewski *All items listed with an asterisk ('~) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so xequssts, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. "`March 26, 2008 3. SCHEDULED PUBLIC CO'Vf,1rLENT: (10 Minutes) 4. CONSIDERATION OF PLATS: c, Pr_7ur.rC HEARINGS: a. PZ08-15 - A resolution of the Planning and Zoning Commission recommending adoption of the updated. zoning and. land use maps for the Comprehensive Plan for the City of Kenai. by the Kenai. City Council. 6. OLD BUSINESS: a. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.16.015 requiring dumpsters to be screened on at least three sides. Note' A public hearing was held on June 25, 2007. Item was postponed to the July 11, 2007 meeting. A second public hearing was held on July 11, 2007. Item was postponed indefinitely to hold work sessions. There was no motion to enact. 7. NEW BUSINESS: a. PZ06-65 -Request for 6-month Extension for Conditional Use Permit for the property known as 350 Ames Road {L,ot 6, B1ook 1, Palch Subdivision Part I), Kenai, Alaska. Request submitted by Katherine Fled:, 31192 Nature Road, Royalton, Minnesota. -Approval.. 84 Agenda Apri19, 2008 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCIiEDULED; (3 Minutes) 11. INFORMATION ITEMS: a. Zoning BuIIetin (3/10/200$) b. Panning & Zoning Commission roster 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Paga 2 85 CITY OF KENAI PLANNING ~ ZGNING COMMISSI®N CITY CC?UNCYL CFI.~MBERS APRIL 9, 2008 7:00 F.M. CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1. CALL TQ C7RDER I-a. Roll Call Chair `It ait called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioner present: J. Twait, K. Koester, S. Romain, R, Wells Commissioners absent: P. Bryson (excused) T. Wisniewski (excused) Others present: City Planner M. Kebschull, Council iVfember li. Smalley A quorum was gresent. 1-b. Swearing In of New Commissioner -Gerald Brockman Deputy City Clerk Hall administered the Oath of Office to Gerald Brookrnan and Commissioner Brockman took his seat on the dais. 1-c. Agenda Agproval Commissioner Rem?in anted the following changes: ADD TQ: Item 5-a. Item 6-a. Item 9-b. 4 MCITION: PZ08-IS Memorandum from Planner Kebschull PZ07-25 Email from K. Schmidt dated 4f3/08 Notes from 3/ 12f 08 work session Regorts -- Borough Planning KPB Planning Agenda dated 4 J l4/ 2008 Commissioner Romain MOVED to approve the agenda with the lay down items listed. Commissioner Wells SECONDED the motion. There were no objections. Sd C3RDERED. 1-d. Consent Agenda MQTION: 86 Commissioner Romain MfIVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. I-e. *Excused Absences Commissioner Brgson Commissianer Wisniewsici Approved by consent agenda. *All items listed with an asterisk (") are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- March 2F, 2008 Approved by consent agenda ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARYNGS S-a. PZOS-15 - A resolution of the Planning and Zoning Commission recommending adoption of the updated zoning and land use maps for the Comprehensive Plan for the City of Kenai by the Kenai City Council. Kebschull reviewed the staff report included in the packet. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. A~IOTTON: Commissioner Romain MOVED to approve PZ08-15 and Commissioner Koester SECONDED the motion. VOTE: Twait ~ YES ~ Bryson EXCUSED ~ Brnokman YES __~ KnP~ter YES ~Wisniewski 4 EXCUSED Romain G YES PLANNING & ZONING COMMISSION MEETING APRIL 9, 2008 PAGE 2 87 MLITIDR PASSED URARIMS}I7SLY. STEM 6: OLD SIJSINESS 6-a. PZtS7-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.10.015 requiring dumpsters to be screened on at least three sides. Note: A public hearing was held on June 25, 2007. Item. was postponed to the July 7I, 2007 meeting. A second public hearing was held on July I I, 2007. Item was postponed indefinitely to hold work sessions. There was no motion to enact. Kebschull reviewed the resolution included in the packet, listed the work session dates and notes from those sessions, and gave the Commission the options they could choose from regarding their actions on the resolution. Twait opened the meeting to public healing. Phil Rash, Ii0 South Willow, Kenai -- Spoke in opposition to the resolution and submitted photographs to iiie veputy City Clerk to share with the Comr~~ission. Sohn Mellish, 412 Frontage Road, Kenai -- Spoke in opposition to the resolution, noting it would be difficult to maneuver trucks to empty the dumpsters and his building, being older, had no extra space for a screened dumpster ar snow removal. Pat Porter, 3I0 Rogers Road, Kenai -- Spoke in support of the resolution, noting she understood there may be older buildings needing variances. There being no further comments, the meeting was closed to public hearing. MDTItSR. Commissioner Romain M®VED to approve PZ07-25. Commissioner Koester SEGORDED the motion. Commissioner comments included: Wanted language added that explained variances and what comprised an exception. enforcement. Want more code enforcement. Believed the resolution was a good one, but wanted more provisions and MOTOR TO POSTPf3RE: Commissioner Wells M®VED to postpone PZ07-25 to allow for work sessions on revisions. Commissianer Koester SECDRDED the motion. PLANNING & ZONING COMMISSION MEEfiING APRIL 9, 2008 PAGE 3 gg VOTE: Twaxt YES ~ Bryson _EXCUSED Brookman YES I Koester YES ~sniewski ~ EXCUSED j Romain j YES Wells __.__ ~ YES ~, i MOTION PASSED I7NANIMOUSLY. ITEM 7: NEW BUSINESS °7-a. PZ06-65 -Request for 6-month Extension for Conditional Use Permit for the property known as 350 Ames Road (Lot 6, Block 1, Pelch Subdivision Part 1j, Kenai, Alaska. Request submitted by Katherine Fleck, 31192 Nature Road, Royalton, Minnesota. -Approval, Kebschull reviewed the staff report included in the packet and suggested approval with it being the last request for an extension. MOTION: Commissioner Romain MOVED to approve the extension with no additional extensions allowed. Commissioner Brookman SECONDED the motion. VOTE: Twait ~ YES B son j EXCUSED Brookman YES i Koester 'YES Wisniewski ~ EXCUSED Romain i YES Wells YES i MOTIORY PASSED EJIVANIMVUbLY. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9-a. City Council -- Council Member Smalley reviewed the action agenda items of the March 19, 2008 and April 2, 2008 council meetings, and noted a budget work session eras scheduled for April 14, 2008 at 6:00 p.m. 9-b. Borough Planning -- None 3-c. Administration -- Kebschull reported the following: Provided an update of the Lowe`s development, noting brush would be chipped and hauled off, not burned. PLANNING & ZONING COMMISSION MEETING APRIL 9, 2008 PAGE 4 89 • An off-premise sign variance application submitted by Lowe's would be before the Commission at its next meeting (April 23, 2008). ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None TTEM 11: INFORMATION ITEMS 11-a. Zoning Bulletin (8/ 10/2008) 11-b. Planning & Zoning Commission roster ITEM 12: COMMISSION COMMENTS & QUESTIONS Koester -- None Walls -- t~elcomed Brookman to the Commission Romain -- None Bresokman -- Introduced himself, noting he had Iived in Kenai snzce i97$ and was a reared FAA electrical technician. Twait -- None ITEM 13: MaTION: ADJOURNMENT Commissioner Romain MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:04 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING Fx ZONING COMMISSION MEETING APRIL 9, 2008 PAGE 5 90 CITY CF ENA! ~r rat ~~ ~ ,~~ t, 214 F(bALGO AVE., SUITE 209 KENAi, ALASKA 99611.7744 TELEPHOttE 907.243.7535 PAk' 907.283-$014 q~mW99W 4'I~II 199$ TO: Rick Koch, City Manager FROM: Jack La Shot, Public Works ~ er BATE: April 9, 2008 SUBJECT; Department Repart for Council meeting of April 16, 2008 ® A current Public Works project bid information sheet is attached. I have met with OSHA regarding voluntary site visits of all City facilities. They will be setting up schedules of visits, probably in June. ® As most people know, the i_owe's project has started and is going well. We continue to work with various Wal-Mart consultants to resolve any remaining City related issues. m Andy Bralley, currently with the Parks Department, has been hired into the vacant Street Department position, affective May 1 2008. 91 N ~ •~ ~ ® ~ ® ~ ®" ~ ® `~ ~ ~" F- ~ U M~ L1.1 ~ j % i r ~ Iwo 4 U m m i w i i i i ~, F I i z d o n ~ ~ N N N ~ M U O LL1 I y a ~~ a ° ~ ~ o ~¢ o ~ ~r~ °: ,~ m ( v i. ~ 4 NL J o R ~ ~ U C O I ~- ~ d o ara = ~ r w _ ~ W O I ~i m j U U c 'c d d j ~N I a ¢_ i N ~ ~ + V j .~ ~ W o ~ o 'a °'u I a,E I 1 raE d a c~ ~ 0] O I~ a a N ~ m o E i~...~ nMi a Q ¢ 6. CO ua N Z Z ~ Td N m fh Gf to 0 0 C ~ o R N ~ N ~'1 O. N ~J ~ r M I ~ m a?~ ~ m ~ ~ ~ °~ ~ ~ tnm m N~ E `m Ear ~ V ~ ~ ~ ¢ ; } o m I a E E ~ o ~ ~ ~ w > G ~ N ~ G i O +• ~ ~+ d R v N , ' N j N ~ ~ 41 ~ Vi y m _ ¢ ~ y U ~ ~ o ~ ° 'om a° ~' ~ ii c Ll. ¢ ¢ O m ~ Lll U yr 92 NYElVI~R 4NDUIVI To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: April 7, 2008 Subject: April. Monthly Report Total number of days rented in March 2808: 0 Total March Meal Count 2t}0~ Served: Total Congregate Meals Served: 1,258 Total Home Meals Served: 1,848 Total Non-Seniors: 4 Total March Meal Count 2C}Q3 Served: Total Congregate Meals Served: 954 Total Home Meals Served: 1,2?0 Total Non-Senior Meals: 23 We had a rota( of 8?6 volunteer hours for the month of March The Administrative Assistant had I6 appointments pertaining to Senior Care Benefits, Social Security, Medicare/Ivledicaid and. general senior related issues. We've had many phone calls and inquires due to the IRS Economic Stimulus payment and the various qualifications pertaining to seniors on Social Security. A 2D08 Senior Services and Activities Survey was conducted during March. We are in the process of compiling all the results. Once the results ax•e completed, a report will be given. Our seniors participated in the annual Senior Olympics at the Peninsula Mall. Soldotna Senior Center won the overall traveling trophy however; our senior center brought home quite a few medals; 7 bronze medals, 6 silver and 4 gold medals. A donation of a new ping-pong table, from a senior client, was made to the senior center. The gift was to encourage seniors to participate in the pins pong tournament at the Senior Olympics next year. Our Wellness Center is back. Central Peninsula Hospital has generously allowed their "Healthy Lifestyle" coordinator to come and hold a clinic, We are very grateful to her, and five seniors participated this month. Two diagnostic screenings were held at the senior center this month. We partnered with the Alzheimer's Association from Homer to perform memory screenings on individuals as well as depression screenings sponsored by Central Peninsula Counseling Services. Both of these opportunities were open to the public as well as seniors. Instead of an Easter Dinner, the senior center held an Easter Brunch. Reminder, April 20 is our Poi•txait Art Project Open Rouse. This will be held from 2:OOp.m. until 4:OOp.m. We hope the community will support and attend the open house to view the senior portraits as wall as support the KPC art students that participated in the project. The Phi Theta Kappa Honor Society of Kenai River Campus of UAA, is sponsoring a "Band-Aid" concert to donate funds to our home meal program. It will he held on May 8th from 6:OOp.m. - 9:OOp.m. 93 Airport Manager's Monthly Report April 2008 Runway safety improvement Project: Diamond Electric has completed the new generators and fire suppression system. Additional airport improvements will be general aviation lighting reconstruction, general aviation grading and drainage, midfield windsock, repainting of the runway and taxiways with higher reflectance beads and enhanced markings, and a runway temperature sensing system. The additional improvements are estimated to be around $877,000 which will increase the total construction project to approximately $12,1 million. During *.he week of April 21, the taxiways wil! be redesignated. A NOTAAl! ~~ril( be issued 48 hours in advance of the switchover to notify airport users. Airport RFP: The RFP for Professional Services for Architectural/EngineeringlEnvironmental & Construction Management Services is being advertised on April 2, 6, & 10tH. Proposals must be received by 5:OOpm on April 24tH 2008 Kena6 Peninsula Air Fair: The 81h Annual Kenai Peninsula Air Fair is fast approaching. The souvenir t-shirks and posters are being designed. We are always looking for volunteers. Volunteers get a discount on the t-shirt and a free barbeque Punch. If you can volunteer please contact Mary or Lari. 200&03 94 Municipa9 Airport Kenai Community Library Monthly Report April 200 March Circulation Figures Adult Fiction 2,230 Internet Access 1,165 Adult Non-Fiction 1,806 Music 263 Periodicals 78 Puzzles 5 Juvetule Fiction b99 Videos 765 Juvetule Non-Fiction 254 DVDs 2,304 Easy Fiction 1,547 Audio books 211 Easy Nan-Fiction 243 Miscellaneous 5 Interlibrary Loan 55 Computer Programs 17 Total Print 6,912 Total Non-Print 4,735 Total Circulation 11,647 Internet L~xpress Use 644 Total Catalog Searches 7,092 Lebrary lloor Count....... 8,557 In-House circulation 95 Downlaadable Audio 119 Circulation figures for March 2008 were 10% higher than those in March 2007. Overdrive, our Listen Alaska vendor has announced that future offexings will be compatible with all models of iPods, iPhona, etc. as well as a wider variety of MP3 players. We are using Google Analytics to track activity on our webpage. The 4,182 visits to the webpage in March came from 17 countries. I will. be participating in a focus group regarding grants with the Rasmuson Foundation on Friday, April 11 from 2 - 3:30 pm. We have submitted our annual grant applicatton to the Alaska State Library and an application for an lnter- Labrary Cooperation Grant to fund more copies of Adobe Creative Suite software and training in its' use so that we can offer more workshops in graphic design. Income Fines and Rental Boolcs $2,056.94 Xerox 373.95 LosUDamaged 134.89 Total income 03/08 $2,565.78 Adult Programs .......... 7 Persons .............. 49 Children's & Parnily Programs.... 18 Attendees ................................. 266 Library Cards Issued March 2008 Kasilof 5 Kenai 57 Nikiski 10 Soldotna 21 Sterling 2 Nan-Resident 6 Internet Use 3 Organization & Other 5 Total t (19 95 1NTERC?FFICE MEIIPI®R/~NDUIVI KENAI FLRE DEPARTMENT Date: April 9, 2008 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Responses for the timeframe of 3-18 to 4-09: Response total for the year 387 runs Respanse total least year at this time 334 runs +13% Last 30 days 102 runs Summary of activities for Last month: 1) Continued participation with the EMT ride along program 2) Hosted 2 infant car seat inspections at Station 1 3) 2 KFD members were trained as Car Seat Inspectors through .Safe Kids (40 hour ceurse) 4) Participated in the Boys and Girls Club Health Fair 5) Fire Chief attended a meeting with the Kenai Peninsula Fire Chiefs 6) 1 KFD member attending Aircraft Rescue Firefighting training 7) Worked with the Peninsula Clarion on an upcoming article about Fire Wise and Wild Fire prevention The Fire Marshal's office was busy this month preparing for the upcoming building season. Ten inspections were performed, 2 plan reviews, 2 complaints were filed and followed up on, 1 fire investigation and 2 occupancy calculation & signage reviews ware done. The Fire Marshal also did training with all crews on building inspections and emergency alarm systems. 96 e "~lllu~c wit~i a Past, Git~ wit~r a ~`u~ut~e" / 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 ~~~N-~, Telephone: 907-283-3692; FAX:907-283-3693 ~' ,_. . .,~~~. Elrecl~of KENA~ SK1R M~,TVraxArr~vM To: Rick Koch, City Manager From: Robert J. Frates, Parks & Recreation Director' Date: Apri19, 2008 RB: Monthly Admin. Report There were a total of 44 hours skated in March compared to S4.7S this tune Iasi season. The Kenai Peninsula J3ockey Association's season effectively came to a close March I S`" but will hold their evaluations April 7s'- l ld'. Coach Bedford's Spring Fee Session (3 on 3 League, private lessons, shinny hockey} began on March I9"' and will conclude April 13`x'. Total number of participants in this program reached 72 this season. Grooming efforts have seized at the Kenai Nordic Trails. Machinery, equipment and stakes have been removed. and stored at our maintenance yard. Seasonal maintenance positions have bean listed through Sob Service with interviews expecting to begin this month. A number of applications were received during the department's participation in the Job Fair March 26°i. Andy Bralley has accepted a position with the Street Dept. and we will be hiring far that position also. In addition to the 1.0 bear proof trash receptacles acquired through the ADF&G the Parks Department has acquired 2 mare that wero constructed by a local student as part of la,is Bogle Scout Project. Jt is the intent that these be placed. on the north. beach near the bathrooms. The department'has received a quote for the painting of the shelter on the park strip. This project will be accomplished as soon as the weather is suitable for painting. The deparment also received shipment of its new watea• reei for use at floe soccer fields. Unfortunately, the department received news that we were not selected for LWCF funding for the oonstnzction of restraoms. 97 'C~: Rick Kook, City Manager From: Chuck Kopp, Police Chief ~ Bate: 04/09/2008 Ite: Police Department Activity -March 2008 Sgt. Randy Komfield returned to active duty from his training at the FBI National Academy. Officer Jay Sjogren attended a 3-day Street Survival seminar emphasizing good tactics and safety for patrol officers. Kenai D.A,R.E. Officers Ben Langham, Kelly George and Mitchell Langseth graduated over 100 fifth grade students from the elementary O.A. R.E. programs at Kaleidoscope and Mt. View Elementary schools. Officers completed annual Blood Borne Pathogen training online through PreventionLink. Officers investigated 5 traffic crashes, 1 of which resulted in injuries or a complaint of pain. 2 of these investigations resulted in arrests far DWI. Several officers worked extra traffic safety shifts, targeting drunk drivers and seatbelt safety. Officers made 72 arrests, wrote 339 reports, issued 88 traffic warnings, 89 citations for driving infractions and 50 seatbelt citations. See attached reports for the Communications and Animal Contrat Departments • Page 1 98 TO: Charles Kopp, Chief of Police FROM: Michael Nusbauri5`;k('~ Communications Supervisor DATE: April 7, 2008 RE: March 2008 Statistics During the month of March 545 incidents were generated as a result of calls for service. 89 of those calls were reported over 911.4 were generated as a result of hang-up 911 calls. On March I Oa' Erica Shinn attended a ALEISS/LiNX train-the-trainer class in Anchorage. PUBL{C SAFETY COMMUNICATICrNS DEPARTMENT 107 5. Willow 5t., Kenai, AK 99611 • Phone: (907) 283-7879 > Fax: {907) 283-2267 E-Mail: 911@ci.ker~ai.af<.us < http://www.ci.kenai.ak.us/dispatch.html 99 A1°~IMAL C®1VTR®L REPORT March 200$ 20118 2007 2008 2Of17 STRAY 65 I03 ADOPTED 52 93 Dugs 28 85 Dogs 25 53 Cats 30 i8 Cats 20 30 Other Animals 7 0 Other Animals 7 ( 0 RELEASED BY OWNER 44 83 CLAIMED ££ 24 Dugs 21 36 Dogs £0 24 Cats 23 37 Cats £ d Other Animals 0 10 Other Animals 0 0 D.O.A. 10 7 EL"THAISIZED 4£ 69 Dugs 5 6 Dags £4 44 Cats 4 1 Cats 27 25 Other Animals 1 0 Other 0 0 WYLDLIFE RELEASE 5 0 Boraagh Animals 54 60 Field Investigations 57 I I6 Tatal Dogs 54 95 Volunteer Itaurs 120 I72 Total Cats 57 53 Tatal phone calls 776 771 Total Other 8 2 Kennel Permits 0 0 100 k .~ ~` . ~~ ' _~.~ "~'cC~~9e wgt a ,~~st, Git~ ~vit~a ~ Fr~~~e ®, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us FROM: Carol L. Frees, Cit C erk BATE: April 10, 2008 RE: Vfi5 VIDEO REI=ORI3fPTG EQUIPII?ENNB" During the NFarch 5 council meeting, the VHS video recording camera failed and remains in that condition. In speaking with an employee of Dan's TV, I learned the following: • They service only equipment they sell. • There may be a shopsn Anchorage that would have the parts, etc. to repair the camera. • Having the camera repaired, because of its age, map be difficult to do and costly. + For approximately X300, a new camera to record directly to DVD could be purchased. City Manager Kach and I discussed the follou~ng issues: + The camera is the property of the Kenai Central High School (KCHS). + The agreement between the City and KCHS does not establish responsibility for equipment repair, etc. as the City's (agreement attached). + With only three more council meetings before graduation and the end of the school year, it may not be practical to have the equipment repaired and the probability the equipment could. be repaired and. returned prior to the end of the school year may be unreliable. If a new DVD recorder camera is purchased, equipment would also be needed to dub from DVD to VHS, the format required by the cable company. + Because of interest expressed in including funding in the new budget for audio streaming council meetings, it may better to wait and address the issue during budget work sessions. foes counciF eiarect the camcre: be repcairecl ttt the ~'ity`s cost? clf cc: R. Koch 101 Whereas, the Kenai City Council has directed Kenai City Council meetings ba videotaped and provided to GCI for bmadoasting Dues its cable television community channml, and, Whereas, the Kenai Central High School {KCHS} Leadership Class has stated its interest irs providing videotaping services to i:be City of Kenai {City); and, Whereas, responsibilities of both the City and KCl-lS €ollaw: KCI-1S Leadership Class will provide: nne VI36 format video camera and Tripod on loan until it no longer functions. o A student to operate camera to videotape all council. meetings, excluding ell those held during school breaks, i.e. Thanksgiving, Christmas, Spring, and Summer, etc. Student will arrive at council meetings a mitaimum of 15 minutes prior to scheduled start in order to be prepared for the start of the meeting, i.e. setting up Damara,. etc. Videotaping of entire meeting with camera positioned irs the Council Chambers to best capture the entire dais and zooming in ors speakers to provide the best capture of those speaking. . Unedited videotape of entire meetings. Student will submit videotape to IC.enai City Clerk at the conclusion of the council meeting. Ci of Kenai w' l rovide: . VHS tapes far student's use. • Delivery of 'VHS tapes to CrCI far braadeasting over cable TV community channel. Whereas, all Doordinat'son, videotaping, product appravai, etc. will be through Kenai City Clerk Carol L. Frees or her assignee {907-283-$231j; and,. Whereas, any amendments to this Agreement by either party, must be made in writing and signature approval provided by both parties; and, Whereas, either party may terminate this agreement through a thirty {30j day written notice. ~~yy ~~ ~ 13ATE7]: This .,~i2 day of February, 200$. 102 AGREEMENT/'VIDEOTAPING OF KENA.T CITY COtTNCIL IvIEETIIVGS Pagc 2 of 2 CITY OF IGENAI By: 'ck o h, City Marsager KENAI CEI~STRAL FTIGTi SCHOOL By: l®_/ ~ Allan Fields, 103 INFORMATION YTEMS KENAI CITY COUNCIL MEETING APRIL I6, X008 1. 4/ 16/2008 Purchase Orders Between $2,500 and $15,000 for council review 2. 4 J 10/08 Kenai River Special Management Area Board Meeting Agenda and minutes of 3J 13/08 meeting. 3. Draft Ordinance -- Amending the Ethics rules for Elected and Appointed Officials and city Employees by amending the Existing KMC 1.85.060 and 070. 4. Notice of Title Issuance/Parcel #041-030-47, Tract A, Alaska State Land Survey No. 2004-25: 5. 3/2008 Kenai Municipal Airport Enplanement Report. 6. 4/ 10]08 L. Semmens Investment Report. 7, 4/ 15/08 Kenai Peninsula Borough Assembly Meeting Agenda. 104 ~ C"'y V W ~ O CO ~ O O ~ cV ~ ~ f+ Fes- ~ N o N O r ~ N d' t0 C] (QO p',~ tP ~C M r ~ V' r r 0? W ~ ~ {{-- Z Z 2 Z Z Z C.9 ~ O w z ~ ~ dd oY O ~ oy otS a s xt otl U ~, v~' a q ~ a y p W Q _ o ' ~ g W ~ LLi a W a a ~ m a a ~' w ° w ~ z z_ z z z r= W U o p ~ o a ~ c~ia ¢ a ~ m ~ ~ m m a z } ¢ a a w m z w z m ~ r w V K U U v ' a a ~ ~ X U ~ N Q Q Q v , u.. ~ ~~ O _ ~ ~ W O Z W °~' uai uaa a r a m ~ o z a. ~ ~ a a ~ w W N ~ W W a w U Z o o ° ~ ~ o- a N ~ g s ~ ~ o ° u . o ~ ° ~ ~ m °o a v m ~ o°° ° N ~ N CA ~ ~° W ~ 6lWc~t g ~ ~ Q d zC ~y ~ tt---- o ~ UT ® ~ O 4 U U p F W a S ~ ~ W 2 U Z O ~ a ~ w ~ oo ~ ~ "' ~ cu 'd} ~ ..i S ~ o U ~ Z0.' w ~ a ~ m R ~ d ~ Q ~ Ct ~ o O ~ Fz' ~ w z w ,z w ~ O w ~ u~ - O w ¢ d ¢ U a v > r o. z a = va ~ 105 ~- Special ll~anaSement Area "Working together.'..forthe river" ~E~EZV~t~ APR - ? 20DB KEt~AE Gl:E921~ ~,a: ~~~ ~, ~,- ti :, ~° ~ _._. t~ _I .. _, ! ! ,.. ~~a ~. , Kenai. River Special Management Area Advssory Board *** Draft Meeti~,g Agenda*** Thursday, April 10, 2008 5:30 p.m. Kenai River Center I. CALL fip E3RI)ER A. Roll Call B. Introduction of Guests !I. PUBLEC COMMENfi TII. REPORTS A. Agency Reports a. State Parks -Director James King, Pam Russell b. DEC- Stevens c. ADF&G- Vania d. USF&W S- West e. USFSJChugach-Evans B. Committee Reports a. Guide Advisory 1 p.m. KP.C P.egular KP.AB meeting day b. Habitat i i a.rr~. Regular KRAB ~~z,,etirg day e. RecreationJRiver Use 2:30 KRC Regular KRAB meeting day d. Permits - 3/31/08 3:50 p.m. KRC e. Legislative/Government Activities -not available f. Board Development 3 p.m. KRC Regular KRAB meeting day g. Agenda/Board Structure/Housekeeping 3/31J08 3 p.m. Soldotna City Hall IV. APPROVAL CF' AGENDA AND Ct?NSENT AGENDA A11 items listed with an asterisk (*) are considered to be routine and non-controversial by the Board and will be approved by one motion. There will be no sepazate discussion of these items unless a Soard Member so requests,.u7 which case the item will be removed from the Consent Agenda and considered in its normal sequence or. the agenda,) ~7, APPRCltIAL QF MLNITfiE.S *KRSMA Advisory Board Minutes from 3-13-08 _~ KenaiRrea OfSca, PO Hox 1247,So!dotna, AK 99689, 997-262-558" ,, Kenai Peninsula Borough, 144 N. Binkley, Soldotna, AK 996&9 907-262-4441 Kenai Rlver Center 514 Funny River Road, Soldotna, AK 99669, 907.260-4882 ~~ F,, 1 Alaska oMSlon of Parks antl oucCOOr Racreatio4 ~errofvnent cidvaWrel Reeoumae. In nooperatlon with the Kene! Peninsula Borough ~, - VL. 4LI) BUSINESS AND ACTION ITEMS Action Iterris: 1. Res. 2008-i0 from Board Development Committee regarding By-Law changes. (Sent to everyone by Kurt) 2. Motion from Permit Committee to address 12iverquest CUP Application. 3. *Res. 2008-11 Approval of Appointments of Public Members to Committees VIL. NEW BUSYNESS A. Update an letter sent to the Baraugh- Carey B. Update on letters responding to our letter regarding the closing on commercial Fish and Game office- Carey C. Report on MOU meeting (April 1) between Fed, State and Municipalities regarding 1~RSMA Comp Plan-Carey/King D. Discussion on Legislative Committee; possibly merging-Carey E. Summer schedule for Board and Committees, August meeting needed, Permit Committee- during summer Executive Committee (ABH) during summer F . Nlay racial (BBQ) 4:30-5:25 PM before Board Meeting with Presentation to former Board President-Carey VIII. COL~~S?ONI~ANCE I~. PUBLIC COMMENT X. AYDJC3URNMENT A. Board Comments B. Date/Agenda of Next Meeting May 8,.2008 5:30 p.m. 107 Kenai River Speasai, 1-~Ianagement Area Advisory Bcaaxti Minutes Thursday, March 13; 2008, 5.:30 p.m. Kenai River Center L C;AIL TO ORDRR A. ~exnbers Present are Joe Connors, Ted. Wellman, Curt Shuey, Richard Dykema,. George Heusi, Richard Hahn, Jim Czarriezki, Bruce King, David Carey, Bob Frates (City of Kenai), Jen Evans, Brenda Trefon, Jack Sinclair, Tom Vania, Tim Stevens. $. The Minutes for February 14, 2048 were. approved as written with the following changes to Old Business, under Item A, to reflect the Habitat comrsrittee did not meet and the River Use committee had met." C. Agenda Changes Adding Item C to New Business was approved. II. P4.TBLIG C~PR21VI1ENT The following made public comment, Monte Roberts, Kirk Hoessle and Dwight Kramer. Special Repr>rts/Presentati®ns: A. Dick Lefebvre the Deputy Commissioner of DNR addressed questions concerning the 50-horse regulation and any changes whioh were made to it. The 2013 amendment regarding two-strokes is ready for the commissioner to sign. B. Robert Rufmner from the Kenai W atershcd Forum addressed the hydraaarber. issue and the impaired water body status of the Kenai River. Robert: commented that a change from category 5 to a category 4b impaired water body status doesn't mean we are off the list, but it means we are on the way. IIY. Agency Repasts A. Jack Sinclsis, ADNR/Parks, reported the new 50-horse power regulation requires every engine aver 35-horsepower will eventually need to be checked by the. rangers and a decal will be placed on the cowling which will be good for two years:. AlI boats that are over 21 feet need a permit to operate on the river far the next 2 years. Permit requirements state if a boat was purchased before 3 / 1 / 08 the owners will need. to have proof of year purchased, such as a bill of sale or registration. B. Tssn Stevens, DEC, stated the agency just completed solicitation far Alaska Clean Water Action (ACWAj Grant applicants. Three applications were received for the Kenai River. One has to do with turbidity monitoring in July and August. Another one looks at the Kenai Peninsula Borough 50 ft habitat 108 ordinance the effectiveness of it, and a third one is to look at the continuation of the City of Kenai sLOrm water mapping. LBEC is in the process of submitting an integrated report "State of Alaska Waters" to EPA, which is required every two years. In this report, we are moving the Kenai River from a-category 5 water body to a category 4b, saying we have a Kenai River water body recovery plan in draft right now, which is going through an internal review. We plan to monitor the efficacy of the plan over the newt two years for hydrocarbons; If results show That we are not e~tceeding the state's water quality standards, we urill most likely move the water to a category 3 in our nett integrated re""port in 2010. C. Tom Canis of filaska i7epartment of Frsh and Game handed out a brief summary of regulation changes that will affect the Kenai Peninsula made by the board of fish. D. Robin West, US Fish and Wildlife Service, was not present. E. Jeni Evans, USFS/Chugach National Forest, reported they have started hiring the seasonal staff and piarining for the summer season. III. Committee Reports A. Guide Advisorq 3/ 1B/08, 1 g.m. KRC -Joe Connors gave a brief history of the formation of the guide advisory board. B. Iiabitat(3/I3JO8 $$AM KRC- Brenda Trefon committee members supports action oii a process for involving public members on committees. C. Reoreation/River Dse ~f 5.8/C18 ~~~~ I~RC -Ted Wellman and the committee members agreed it would be a good idea to combine the river use and recreation committees. D. Permits -Jim Czarnecki, will meet on an as needed basis. E. Legislative/Government Activities -Gary Knopp was not present; the committee has not met. F. Board Development 3/ 13Jo"8 3 g.m. KRC -Curt Shuey reported the committee agreed it would be very helpful to have annual beard training each veer. The committee also supported the importance of the board application process; to have-early notice, open application at the board meetings and notice in newspapers starting in June. He informed the board they will need to set up a special meeting by the end of August to meet candidates, prioritize and submit a nomination list to the Commissioner of Natural Resources by Sept. 1, 2008. Kenai R2ven Special ManagementArea Advisory Board lY2inutes March 23, 3D08 Page 2 of S 109 G. A;g®nda(Sosrd ~t~uature(iiouselceepixa 3(3J08 3 p.m. Saldatn$ City Tialt David Carey and members set agenda for-the March 13 meeting.. IV.OLI) BiISiNESS ~CfiI0I+1 1TEM6 A,. Resolution 2008=04: A motion by Jim Czarnezki was made to bring nesalution 2008-04 to the board and was seconded. Passed without audible opposition. B. Resolution 2008-05: A motion by Jae Connors was made to bring resolution 2008-05 to the board and was seconded. Passed without audible apposition. C. Resolttion 2008-06: A Motion was made by Joe Connors to bring resolution 2008-06 to the board and was seconded. Brenda Trefan asked for an amendmdnt to tal~a out the "non-voting participants" portion, under the "Be it resolved that;" section of Resolution 2008-06. Amendment was seconded. Resolution and amendment Passed without audible apposition. D. Committee Voting- Dave Carey suggested it is up to each committee chairperson to use his or her discretion. L. Resolutian 2008-0?: A Motion was made by Ted Wellman to bring resolution 2008~0'~ to the board :and was seconded Curt Shuey suggested less usage of "user groups" throughout the proposed resolution. George Heim moved that the "user groups" be changed to "users" in all cases. Motion for amendment was seconded. George Heim made an amendment to his previous motion. The amendment to his motion. deals anlywith changing "user groups" to "users" in the section starting with, "Therefore, Be Tt Resolved That". Passed without audible opposition.. Kenai River Special Management Area Advisory Board Minntes March t3, 2008 Page 3 of S 110 Jim C. suggested in the 3rd "Whereas" statement after the word "crnditions", place a period and the next sentence read "increased use on the river endangers the fish and wildlife habitats." Motion for amendment was seconded: Passed without audible opposition. Bruce King asked to take out the first bullet point under the "Therefore, Be It Resolved That" section of the resolution 2008-07. Stated that it a~as a duplication of bullet number seven. Motion for amendment was seconded. Amendment to resolution 240$-07 failed. Vote was taken to adopt resolution 2008-07 as amended. Passed without audible apposition. P. Resolution 2Q08«68: A Motion was made by Joe Connors to bring resolution 2008-08 to the-board and was seconded The Guide Advisory board had consensus on creating a provision for replacing a guide in-season. This provision would protect a guiding operation, should a major tragedy fall upon them. Letters of support from Gary Turner, the director of the Kenai Peninsula College and Steve McClure, guide association past president were entered into the record. Passed without audilale opposition. V. IdEW BUSINESS A. Agenda Structure-The following is the new structure-for the agenda: The public will have three opportunities to speak at the meeting, a staff report, agency reports, consent agenda and minutes. B. Bq-Laws ehaages- (ASH Corumsttee) Dave Carey encouraged the Board Development Committee and/ar ABIi Committee to review the by-laws. C. ATSI3'&G Office maq move to Anchorage -The Board Chair asked for support in writing a letter in opposition of moving ADF&G to the Anchorage office. The board supported the chairs request. VI. G(3RRESPf)1~DENCE A. Copq of letter sent to Borough 3/4/68: This Letter was signed and sent out on March 4, 2008. With an expected reply of March 31, 2008. VII. PUBLIC COR2&IENT-No Comments Kenai River Sgeciai Management Area Advisory Board Minutes Maroh 13, 2008 Page 4 of 5 111 A. Board Comments VITI. ADJOURN~IEN7C A. Date/Agenda of Next Meeting April 10, 2008 5:30 p.m. Kenai River Speeiat',42anagement Area Advisory Board Minutes March 23, 2008 Page 5 of 5 112 Suggested by: Councilor Swarner CFTY OF KENAI C9I2DI1lADTCE NO. *-200$ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE ETHICS RULES FOR ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOYEES BY AMENDING THE EXISTING KMC 1.85.060 and 070. WHEREAS, KMC 1.85.060 (Conflicts of interest prohibited) currently regulates conduct of elected and appointed officials and city employees; and, WHEREAS, properly functioning municipal government requires ethical behavior by public officials and ernplayees; and, WHEREAS, reasonable standards of conduct are needed for elected and appointed public officials and city employees in order to maintain the public's trust in municipal government; and, WHEREAS, the current conflict of interest rules need to be replaced by a more comprehensive set of guidelines for council and commission members and city employees; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 1.85.060 and .070. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 1.85.060 and .070 is amended as follows: 1.85.060 Conflicts of interest prohibited (a) A municipal officer, appointed commission member, or employee of the City of Kenai may not solicit or receive money for advice or assistance given in the course of their official duties for the City of Kenai. (b) A municipal officer, appointed commission member, or employee of the City of Kenai may not represent a client before the City Council far a fee. (c) A municipal officer, appointed commission member, or employee of the City of Kenai may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that heJshe will cast a vote or given an opinion, decision, or judgment in a particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his/her official capacity, act in a particular manner to produce or prevent a particular result. 113 DRAFT ETHICS ORDINANCE PAGE 2 OF 4 (d) No Council or Commission Member may vote on any question in which he she has a substantial direct or indirect financial [PECUNIARY] interest. Direct or indirect financial [PECUNIARY] interests shall be disclosed to the presiding officer prior to a vote on the question and the presiding officer shall determine whether the financial interest exists and whether the prohibition from voting is applicable. A decision by the presiding officer may be overridden by a unanimous vote of the members present, exclusive, of the member presenting the possible conflict. (~ Whether the direct ar indirect financial interest is substantial shall be determined by the presiding officer on a case-bv-case basis with evaluation of these factors: (i) Whether the financial interest is a substantial part of the consideration, (ii} Whether the financial interest directly and substantially varies with the outcome of the official action• (iii) Whether the financial interest is immediate and known or coniectural (iv) Whether the financial or private interest is slanulcanz rvanc~~iiv (v) Other factors deemed appropriate by the presiding officer under the specifics of the disclosure and the nature of the action taken before the council or commission. ll A municipal officer commission member or emplovee of the Citv of Kenai may not use or permit others to use any property owned by the city for profit or personal use or benefit, except: (l) When available to the public eenerally or to a class of residents. on the same terms and conditions.: (2} Wrien permitted by written personnel policies approved by the City of Kenai (3) When in the conduct of official business used in a relatively minor way for personal convenience- ~t A municipal officer commissioner or emplovee of the Citv of Kenai shall not. take or participate in official action on matters other than minor or routine issues affecting a former employer for a period one year from the date of termination of the prior employment. ~} A munlClpal OfflCer GammiSSlOner Or emplO~ee OI Lne I:ILy al nCUa.e wiiu icavc~ mLin7.Clpa1 SerV1Ce maV riot fOr Orie yeas after leaving mLinLClpal SerV1Ce represent, advise or assist a person for compensation re~ardin~ a matter that was under consideration by the city if the person participated personally and substantially in the matter through the exercise of official action This restriction on emnloyment after leaving municipal service does not grohibit the city from contractive with a former city emplovee commissioner or municipal officer on a matter on behalf of the city. The City Council may waive application of this restriction upon determination that a proposed action is not adverse to the public interest. 114 DRAFT ETHICS ORDINANCE PAGE 3 OF ~i ll A municipal officer commissioner or emplovee of the City of Kenai is prohibited from biddine upon or otherwise obtaining env property which is unneeded or surpIused by the city unless that person can satisfactorily demonstrate to the City Manager or city council if the person is a City Manager or Council Member that no reasonable conclusion could be made that the person possessed knovcdedae about the property which would not be readily obtainable or observable to a member of the general public. {i}. A current or formal municipal. officer commissioner or emplovee may not .(jj A current or formal municipal officer commissioner or emplovee may not use or disclose with appropriate authorization information acquired in the course of official duties that is confidential. If any section or provision of this ordinance is held to be contrary to law by a court of competent iurisdiction or by action of the Alaska State Legislature, that section or provision shall be deemed invalid All other sections and provisions of this ordinance shall continue in full force and effect. {1J, The City Clerk shall cause a copy of this section to be distributed to every municipal officer commissioner and emnlogee of the City of Kenai within thirty days after its enactment Each municipal officer commissioner and emplovee elected 1.85.070 Definitions as used in this chapter. (a) "Municipal Officer" means the Mayor, City Manager, Members of Council, City Attorney and City Clerk. (bj "Source of Income" means an employer, other person, or entity paying compensation, dividends, or interest, directly or indirectly, for services, products, or investments. if the income being reported is derived from employment by a sole proprietorship, partnership, or corporation in which the reporting person, spouse, or children, or a combination of them hold a controlling interest, that proprietorship, partnership, or corporation may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers. In all other cases, the clients or customers of the proprietorship, partnership or corporation shall be listed as sources of income of the person whose income is being reported, the spouse, children, or a combination of them holding a controlling interest. 115 unless the information has also been disseminated to the public. DRAFT ETHICS ORDINANCE PAGE 4 OF 4 ll "Financial interest" means the receipt of financial benefit or the expectation of receiving financial benefit A financial interest includes a financial interest of any member of the person's household. A person has a financial interest in an organization if he/she has an ownership interest in tine organization is a director officer or employee of the organization or has the organization. A financial interest also includes appearance as an attorney or a party plaintiff or defendant or as a real warty in interest in any lawsuit master's hearing or other legal proceeding in which the city is a party plaintiff or defendant or otherwise has a direct interest. A financial generally shared in common with the gublic or a large class of citizens ll "Household" includes anyone whose primary residence is in the employee's, commissioner's or municipal officer's home including non-relatives. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of 20D8. PAT PORTER, MAYOR ATTEST: Carol ?.. Freers, City Clerk Introduced: *, 2008 Adopted: *, 2005 Effective: *, 2008 116 Kim Howard Erom: Kim Howard Sent; Thursday, April 03, 2008 2:42 PM To: Nancy Carver Cc: Larry Semmens; Jack LaShpt; Jan Taylor, Rick Koch Subject: Wei(#4 Togiak The Patent from the Dept. of Natural Resources for Parcel #041-030-47, Tract A; Alaska State Land Survey No. 2004-25, (I O acres) for public purpose has been recorded. (Resolution No. 2007-35). Nancy, please add this parcel to the land ownership database. Thank you. Kim Froward, Assistant to the City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 996I1 (907} 283-8223 (Office} (907} 283-3014 (Fad) 117 I ~ / f SARAH PALIM, 60VERNDR ' i, ~~ J ._~_, ' ~'.~ ~ 1~ ~ 1 f ~~ ~~~ ~ 1~~~~~~l~i g ~g~ 1~~$~~~~~1 ~~:I I..I~~I~~~V' DIVISION pF MtNlNG, LAND AND WATER „~'"~ 550 W. 7TH AVE., SUITE &40 f~~+ ANCHORAGE, ALASKA 99501.3576 PHONE: (907) 269-8594 rAx: {9071 zss-ssis April i, 2008 City of Kenai 210 Fildago Avenue, suite 200 Kenai, Alaska 99611 Re: ADL 22$827-Title Issuance Dear City of Kenai: `rk+~(1A Congratulations! Your title conveyance document has naw been issued and recorded in the official public record of the As~ker`a~T€Recording I~istriet under Seria! No. 2008-0029d1-0. ~CGnc.~.~l~ The original recorded title will be mailed to you directly from the recorder's office. 'Phe image will be available co view or print at the State Recorder's website: unvw recorder.alaska.eov. If you have any questions, please feel free to contact Linda Drummond at (907) 264-8602 or e- mail her at linda_drummond c~dnr.state.ak.us. Jolene Crosley Administrative Clerk "d~evelup, Conserve aaad l~nAaaaace Natural Resources for Present aead Putare Alas3usaas" 118 ~; ,:o-,. Printed on f.eeycLL~J Pnper i i ~~ i ~,. 3a,~ W d -¢= W z ~W _~ __. _ .--- I f~~1'~ i ~ ' 23.22% GRANT Muv~icipal Rerport ~~~,.~ ~ 1,605 '~, I I ~ N' i ~ N 1~ jG 11f ~ .' ~,+~' ~ ~ i ~ t 2 } ~? ~ ~u~ ~ ~. ^ ^fi' .+~NN f ERR 5,3as ~ j 78.78% ERA GRANT CHANGE KENAE Combined Month gVIATION AVIATION Total FROM 2007 AVIATEOCd Month Total >nm Janua 6,071 1,74? 7.752 335 7pt7 263 8,015 Februa 5,43'1 ^..601 7A32 60? 6.431 297 i 7,329 March 5,306 1,605 6,911 244 6,667 285 7,196 A rri 0 6.498 I Ma 0 7.397 June 0 7,835 Jui 0 11,606 Au ust 0 10,211 September 0 7,598 October 0 7,84G November 0 7,413 Oecemner 0 6,771 To Is .748 4 947 7.695 18 9 .684 845 120 ~~ MEMORANDUM ~"~"`~ TO. City Council f"f FROM: Larry Semmens, Finance Director f~~ THRU: Rick Koch, City Manager DATE: April 10, 2008 SUBJECT: Investment Report At March 31, 2008 the City had investments with a market value of 537,445,796. The breakdown of types of investments held is: US Agency Securities 535,083,137 AML Investment Poor $ 162,149 Bank Balance $ 2,200,51C For coupon clippers and buy and hold investors like the City of Kenai, the current short-term bond market is frustrating and riot vary attractive. The Federal Reserve has continued to cut rates and the market believes there is mere to come. The securities in the portfolio, especially those fhat are not callable prior to maturity, are gaining in value as interest rates decline. However, many of the securities in the portfolio have call opf~ons in them, which means thaf the securty can be called. If the issuer can essentially refinance the bond at a lower rate, the bond will be called. A premium is paid for this option in the form of a higher coupon interest rate and it is usually significant enough to make the callable security attractive compared to a security without call options. I have purchased some securities that are not callable, and some with one time calls, and they Zook pretty good right now even though at the time of purchase the yield was much tower than continuously capable securities. If (when) interest rates Increase signifcantly in the future these securities may not look so good, The securities highlighted on the attached report are those that are likely to be called in May. 1 wil have to reinvest the proceeds at considerably lower rates. One peter ~tial change going forward is the establishment ofi new investment options for the airport permanent fund. Some of the securities in the portfolio will have to be scld to implement the suggested changes. For total return investors, those that seek both interest income and price increases in the underlying security due to interest rate moves, this market provides good opportunities to sell. Many securities'sn the portfolio have market values significantly above both cast and current book value. 1 added anew column to the attached report that shows the unrealized gain or loss. The total is $432,530. I will have to book the unrealized gain at June 30 due to accounting rules. However, unless the security Is sold, the gain is paper only and it is hard to pave roads with paper gains. As I have said before, I do not agree with generally accepted accounting principals regarding unrealized gains and losses. but 7 do comply with them in financial reporting. My base strategy of Investing is tc buy and hold. As cash is available I invest it at the best rates available within ±he time frames ,necessary to meet cash flow needs, Qn a very infrequent basis I sell a security to meet cash flaw needs or to increase yield by purchasing another higher yielding investment. If you have any questions or comments about the City's investments please car,tact me. A copy of the portfolio is attached. 121 CITY OF KENA; CITY OP KENAI INVESTMENTS 3'31!2008 Curreni year cost or AT 06130/07 Current Unrealizetl EFFECT. DATE DATE MATURITY SEC'JRlTY odcOinal cost Market Value Market Value Gain/Loss RATE PORCH, DUE /PAR) FNMA Stepup 1,006,000 996,250,00 $1,003,130.00 $6,886 4.50 511912006 511912008 1.000,006 FNMA 5.0 996,800 997,190.00 $1,008,130.00 $10,940 5.18 9113/2006 7/25/2008 ":,060,060 FHLLC 4.48 992,478 996,600.00 $1,069.690.00 $19,190 5.06 5!1412007 9!1912008 1,C60,OGU FNf~AP. 4.'s 1,000,066 985,316.06 $1,018,750.00 $3.',,440 4,30 61612005 379/2009 1,000A60 FHLB 5 1,785,126 1,785,126.40 $1,804,475.00 $19,349 4.85 10812007 10116!2009 1,780.GCU FHLMC 4.5 1,000,000 1,000,000.00 $1,004,950.60 $4.950 4,50 1212012007 1211712009 1,066,000 FFC6 455 2.000,600 2,000,000.00 $2,000,620.60 SG20 4.55 1!4!2008 1!4/2010 2,000,000 FHLMC 3.25 1,OOQ00G 1,OGO,000.CO $1,602,750.60 $2,750 3.25 113172008 3/29/2010 1,000,000 FNMA 3,0 1,OUQ000 ?,666,000.06 $1,007,19000 57,190 3,00 2!27/2008 2/19/2010 1A00,060 FHLB 3 1,000,000 1,000,000,00 $9,065.630.00 S5 "030 3.00 2(2512008 272512016 1,000.660 FHLB 3 999,990 999,990.00 $1,003,75(7.00 $3.760 3,00 3/14/2068 3711/2046 1600,606 FNMA 3.25 2,000,006 2,066,GOGAG $2,004,380.00 54,380 3.25 3/12/2008 311272010 2,000,000 FHLMC 3,25 1,900,000 1,900,000.06 $1,907,182.00 57,182 3.00 3!26/2008 3717!2010 1,900,000 FHLB 2.875 1,998,000 1,998,000.00 $2,006,880.00 58,880 2,93 3,"1712008 3/17/2010 2,600,006 FHLB 3.5 - 1,060.006 '1,000,600.00 $'1,061,250.00 $=,250 3.60 2/14/2008 ZH 4/2011 1,060,600 FNMA 4.125 959,456 964,386.00 $1,039,386.00 575,660 5.15 8/24/2006 2/17!2011 1,000,000 FHLB 3.25 3,000.000 3,000,OOO.OC $3.003,750.60 53,750 3.25 21'2212008 2/221201/ 3,000,UGO FHLB 4.5 2,003,756 2,003,750.00 52,061,880.00 558,136 4.40 11120(2007 512012011 2,006,006 FHLMC 5.26 1,000,000 990,210.00 $1,022,800,00 $32,590 5.25 12129/2006 12!2912011 1,600,000 FNMA 5.26 5,000,000 3,000,000.00 $3,072J86~G0 $72.180 5.25 8120/2067 1112/2012 3,000,000 FHLB 5.25 1,026,900 1,026,960.00 $1,643,130.00 $16,230 3,60 1/15/2008 9125/2012 1,000A60 FNMAS 1,013,006 1,613,000.00 $1,041,880.00 $28,886 470 ?2/612607 16!30.2012 1,000,060 FHL85.15.:-" 1,006,000 1,OOQOD0.00 51,004,660.60 $4AG0 5.45 11!21/2007 11/21/2012 ?,WO,000 FHLMC 4.0, 2,000,000 2,000,OOC.00 32,005,320.0E 55,320 . 4.00 2/2772008 212712013 2,000,006 3UG' TOTAL 34,675,494 34,650,606.40 35,083,137.00 432:630.60 34,686,000 AML POOL 2,200,509 2,200,569.45 2,206,509.45 2.75 2.2W,509.45 36,876,004 36,851,115.85 31,283,646,45 REPO 182,149 162,149.21 1 "02,149.29 1.29 162,14921 TOTAL 37.038,153 37,013,265.06 37,445,795.66 37,042,65856 TOTAL CURRENT YIELD 3.98°~ 122 :r^ace Merhes ~ B. PLE~DG'E OF ALL7EGIANCE ssembly President eats-Sterling/FunnyRiver C. INr~7OCATIO?''I erm Expires 2008 Sete Sprague D, ROLL CALL 'ssembly Vice President `eat 4 - Soldofna erm Expires 2010 E. CORrIPVII'P'I"EE REI'fYRTS ~au1 Fischer F. APPROVAL OF AGENDA AND CONSENT AGENIDA fssembly Member (Alt items tilted with an asterisk ('~) aze considered to be routine and non-controversial by the 'ear 7 - Cemral Assembly and wi1I be apprgvod byonematian. There will be no separate discussion of these 'erm Fapires 2010 items urdess art Assemily Member so requests, in which csse the item will be removed from fhe Consent Agenda end considered in its normal sequence on the agenda.) 4argaret Gilman (ssembly Member .eat 2 - F.'enal G. APPROVAL OF IvIINUTES erm Expires 2008 '_ i * L April 1, 2008 Regnlar Assembly Meeting Minutes ............1 ri naPP f ily Member ;em 1-Ealifarnshy ~, COMM1'r1V~ING RESOLUTIC3NS AND PROCZAMATIOIVS !'erm Expires 2009 1. Mayor's Proclamation Declaring the Month of April 2008 as eon tang 4ssembiy Member "Se7:Uai ASSa'itlt AWareneSS Month" ...................... ?Q seat o -East Pennzsula term Expires 2009 I pI~SEIv~TATIONS WITH. PRIOR NOTICE (20 minutes total) Yfilli Martin assembly Member I. Cenlzal Peninsula General Hospital, Inc. Quarterl}r Report (74 Seal 9 -South Peninsula minutes) Perm Expires 2009 - ~ Finance Director Craig Chapman, Presentation of the Fiscal 2 stu&miah Assembly Member . Year 2008-2009 Proposed Budget Seat 8 -Homer Term Expires 2008 J pLTgI.IC COIVIIVIENTS QN ITE14'IS NOT APPEr4ELIN(f ON THE Gary Superman AGENDA (3 minutes per speaker; 20 minutes aggregate) Assembly Member Seat 3 - Tliki,ski K. REpOR'TS OF' COMMISSTOTdS AtkrD COL~VCILS. Term Expires 2610 April 15, 2008 age ....... 123 L. IQRAYOR'S REPORT ............................................ . ...... 21 1, Agreements and Contracts a. Approval of contract with Grazzini Brothers & Company for Repair of Seward Middle School Ftoor Tiles. ....... . .... . .............. 22 b. Approval of contrast with Integrity Surdeys, Inc. for Land Stuveying & Platting -Ocean Pond Subdivisian ......... . .............. . .. 23 s. Approval of contrast with Integrity S•~uveys, Ins, for Land Surveying & Platting ~ Tract D Pettifogger`s Place Subdivisian .... . ......... 24 d. Approval to awazd contrast to Tauriainen Engineering & Testing, Inc. for Design Services for KPB Subdivisions and Access Roads, Hope, Alaska ...................................................25 e. Approval to award contract to AlicreDATA 91 I for Enhanced 9l l Equipment ...........................................:.:...26 £ Approval to award contract to Seekins Ford Lincoln Mercury, Inc. far Step VanPurchase forSauthPeninsulaHospital .................. 27 2. Other a. Memorandum from Jeanne Camp, Economist Analyst ~ February Unemployment Data for Kenai Peninsula Borough ................. 29 iYI. ITEMS NOT CC3MPL.IiiTED FI2QM PRIOR AGE14'I}A -None N. PUBLIC HEARINGS ON ®RI)INAIlTCE$ (Testimony Limited to 3 minutes per speaker) 1. - Ordinance 2fl07-19-42: Redirecting $44,252 from. Completed South $.enai Sl~ninsutal-lospital Service Area Capital Project Fund to Provide P'uuding for Several Capital Equipment !Improvement Items Not Previously Budgeted (Mayor at the request of the South Kenai Feninsula Hospital Service Area Board) (Referred to Finance Committee) ...........:.................. 33 2. Orditrance 2047-19-43: Appropriating $401,754 in Matching Funds Needed for Receipt of a $485,750 Crrant from the Denali Commission for Replasemerit andExpansion ofthe Serenity Rouse Treatment Center (Mayor) (Referred to Finance Committee) ............................:....... 36 Apri11S.20a8 Page2of6 124 3. 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 (Mayor) (Referred to Finance Cornmitfee} ...........:.. 44 4. Ordinance 2008-06: Amending KPB 12:02:020 to Eliminate CitizenRequests for NonstandaadizedSp~ed Limit Signs on BcrbtighRoads {Long} {Referred to Lands Committee) ......::....................... . .............. 44 O. LTNF'INISHED St75INESS 1. Notice to Reconsider a. Ordinance 2007-19-39: Appropriating $100,000 from the General Fund to the Kenai Watershed Forum to Fund Restoration Projects at Anadramous Stream Crossings (Mayor) [Reconsideration filed by MartinJ ...........:...:............:......................43 P. NEW BUSINESS 1. Bid Awards *a Resolution 2008-,034: Award of a Contract for the Central Peninsula Hospital 2008 Ra-Roof Project (Mayor) (Referred to Finance Committee) ...............................................SO 2. Resolutions *a. Resolution 2008-035: Sporting Failicipation in the Fiftieth' Anniversary of Alaska Statehood Celebration (Mayor) (Referred to Policies and Procedures Committee) , ... ~ .............:......... 53 *b. Resolution 200£-036: Authnrizirtg the Acceptance of Late-Filed Seniar Citizen and Disabled Veteran Exemption Applications Filed on or before March 31, 2008 (Mayor) (Referred to Policies and Procedures Committee) .....................:................6fl 3, Ordinances *a. Ordinance 2007-19-45: AuthorizingiheAcquisitionof40 Acres from Brad and Linda Hibbard far the Expansion of the Serenity House Treatment Center and Appropriating an Additional $571,750 to Complete the Project (Mayor) (Hearing on OS/2010$) (Referred to Lands Committee} ..........................................64 April 19, 200& Page 3 of 6 125 *b. Ordinance 2005-11: Authorizing the Sale of Land to the Cooper Landing Senior Citizen CorQoration, Inc. at less than Fair Market Value for Senior Housing Purposes (Mayor, Lang) (Hearing" on 05/20!08) (Referred to Lands Corxunittee) ... . ..... . .............. 76 *c. Ordinance 2008-1.2: Adapting an Amendment tp the Final Plan Amendment of the Kenai Peninsula Barougk's Coastal Zone Management .Plan (Mayor} (Shortened Hearing on 05!06/08) (R eferred to Lands Committee} .................... . ........... 99 *d. Orduianoe 2008-19: Appropriating Funds for Fiscal Year 2005-2009 . (Mayor) (Hearings. on 05!06108 R 05/20/0$) (Referred to Finance Committee) ......................:.......................102 4. Other *a. MernafromAssemblyMemberIvSartinregardingOrdinance200'7-14- 22 (Referred tc Finance CetrL*nittee) ...............::.......... ttl7 *b. Petition to Vacate aPortion of Slack Bear Lane; a 6fi-Foot Right.of- Waybetweenhots 4; 6; 7 and 10, Dedicated by Alaska Land Survey No. 88-13 Hope Rec. Sites (Plat SW 89-2); within Section 4, Township 9 North, Range 2 West; Seward Meridian, Alaska; and within the lanai Peninsula Borough; KPB File 200$-055; Location: Hope Area (Referred to Lands Canunittee) ......:...............108 [Clerk's Note: The Planning Comnsission approved the above referenced vacation by unanimous cona'enZ at tis t'egitlar'iy schea'uiEd March 24, 2008 meeting:) *c. Request for Formal Assembly ObjBCtion to the Continuance of the Following Liquor License because ofUnpaid Taxes Due the Borough {Referred to Finance Committee} ................. . ....... . ...123 Business Name License Location Bing Brown's Sterling Q. PUBLIC C(11216IENTS ANI! PUBLIC PF.I+/SENTATIONS (3 minutes per speaker} I:, ASSEMBLX 1VIEETING Al'tiIB IiEARIN~ AIvfi'OUldCEMENTS 1. May 6, 2008 Regulaz Assembly Meeting 7:00 PM Seward April 15, 2048 Page 4 of 6 126 ~. ASSEMBLI' C(}I1~TTS T. - PEIVIIINCr LEt'-rISL:E~.TY~IVr (This item Iisfs legislatiau which wilt tie addressed at a latee data as noted) 1. Ordinance 2007-19-22: Appropriating $850;000 afInterestlncometo Paythe Cost of Capital Improvements at the South Peninsula Hospita3 (Mayor) (Referred to Finance Cotnniittee) Tabled do 12{04107 2. Resolution 2007-051: Approsring Pions for Participation in the Fiftieth Anniversary of Alaska Statehood Celebration (Mayor) (Referred to Policies and Procedures Cominitkee) Tabled an 11/20/07 3, Ordinance 2007-1.9-41: Appropriating $64,000 in the School Maintenance Fund for Purchase of a Scissor Lift and Trailer (Mayor} (Hearing on 05/06!08) (Referred to Finance Committee) 4. Ordinance 2005-OS (Mavorl Substitute: Amending KPB Chapter 14.06, Road Standards, and !!plating Section Ref renter in Title 14 and Chapter 21.44 to Revise Certificate for Maintenance Procedures, and Design and Construction Standards., Including a Warranty Requirement (Mayor at the zegvest of Road Service Area Board) (I-learing on 05/06/08) (Referred to Lands Committee) 5. Ordinance 2008-08: Amending KPB 2..60.030 and 2.60.035 Authorizing a Decrease in the E911 Surcharge from $1.35 to $1.15 pet Month (Ivlajror} (Hearing on 05/06/08) (Referred to Finance Committee) 6 n~di^.ance 2008-09: AutYiorizirg a?~?agetiat?d T ease at less than Fair Market Value with Kachamak t~lordic Ski Club, Inc. of Approximately 90 Acres of Borough Land in the Homer Area for the Development, Mai~agament; and Maintenance of the Lookout Mountain Trail System (Mayor) (!-Tearing on 05/06)08} (Referred to Lands Committee) Ordinance 2008-10: Amending KPB Title 20 Requiring Documented Legal Access to Subdivisions within the Kenai Peninsula Borough (Martin) (Hearing on 05/06)08) (Referred to Lands Committee) U. INFCkItMATICINAL MATERIA€.5 A.ND REPORTS V. NOTICE OF NEhT 112EET'L78TG ANT? t4.I~JOYJ12.1V1VFETeTT The nexi meeting of the Kenai Peninsula Borough. Assembly will be held on May 6, 2008, at 7:00 P.M. in the Seward City Council Chambers, 4i 0 Adams Street, Seward, Alaska. April. i5; Zo08 Page 5 of 6 127 Tkls meeting will fie broadcast on BULL-FM 91.9 (Central Peninsula), KBBX fih1890 (South. Peninsula), K201 AO-FM 88.1(East Peninsula). Cap'ieS of agenda ttems ¢re avaUabde di the Borough Clerk`s Office in the Meeting Room just prior to the meeting. For further infcrmation, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 47&4441, Ext. 2160. Visit our webstte at www.borough.kenad.ak.us for copies of tke agenda, meeting summaries, ordinances and resolutions. Agxi1 15, 2008 Paae b of 6 128 AK PACK l° COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: ~~«/p~ i Ma or/Council Attorne ~ Taylor/S rin er '' Clerk ~ Cit Mann er ~ Kebschull/Carver i Police De nrtment ~'" Finance En freer r' Senior Center Air ort - Kim `- Librar Parks & Recreation i Clarion Fire De artment ~ Schmidt Student Rep. KSRM AGENDA DISTRIBUTION Sewer Treatment Plant Streets Shop Dock Buildin Maintenance Animal Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emniled ns soon ns possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emniled to Denise at Peninsu/a C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emniled to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage ns soon as possible before leaving the office for the weekend.