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HomeMy WebLinkAbout2008-08-20 Council PacketAGENDA C\\\~NAI CITY COUNCIL -REGULAR MEETING w% AUGUST 2Q, 2008 7:00 P.M. ~, r f / KENAI CITY COUNCIL CHAMBERS XENGEGLW51(G http:flwww.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Brenda Ahlberg, Boys & Girls Club of the Kenai Peninsula -- Quarterly Update. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2328-2008 was made; the ordinance was postponed to Augusf 6, 2008; at the August 6, 2008 meeting, the ordinance was postponed to August 20, 2008. The motion to approve is active.) 2. Ordinance No. 2335.2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Training. 3. Ordinance No. 2336-2008 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Airport Fund and by $200,000 in the Runway Improvement Capital Project Fund for Capital Improvements. 4. Ordinance No. 2337-2008 -- Increasing Estimated Revenues and Appropriations by $500,000 in a Drift Boat Pull Out Capital Project Fund and Decreasing Estimated Revenues and Appropriations by $500,000 in the Street and Sewer Capital Project Fund for Public Improvements. 5. Resolution No. 2008-53 -- Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs - 2008 for the Total Amount of $51,430.00. 6. Resolution No. 2008-54 -- Establishing the Lower River Drift Boat Pull-Out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010. ITEM G: UNFINfSHED BUSINESS --None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3, *Ordinance No. 2338-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dock Improvement Capital Project Fund for Culvert Replacement. 4. *Ordinance No. 2339-2008 -- Finding that Certain City-Owned Land, Identified as Tract A-1, Birch Fields Subdivision, Kenai WeII Addition, According to Plat No. 2008-30 on File in the Kenai Recording District, Third Recording District, State of Alaska, (KPB Parcel No. 041-030-51 ), is Dedicated for a Well Site and Other Public Facilities. 5. *Ordina.^.ce No. 2340-2008 -- Amerdirg KMC 14.20.200(a) (Accessory Structures) to Allow Accessory Structures No Larger Than Two Hundred (200) Square Feet in the Rear Setback and to Defne One (1) Story Height. 6. *Ordinance No. 2341-2008 -- Increasing Estimated Revenues and Appropriations by $198,000 in the Airport Fund and in the Runway Improvement Capital Project Fund for the Design of the Airport Apron Pavement Rehabilitation. 7. *Ordinance No. 2342-2008 -- Increasing Estimated Revenues and Appropriations by $65,000 in the Airport Fund and in the Airpon Equipment Capital Project Fund for the Purchase of Snow Removal Equipment. 8. Approval -- Lease Application/Alaska Court System, State of Alaska - Lot 13, Block 1, Cook Inlet Industrial Air Park. 9. Discussion -- APOC Rules on Use of City Funds for Information on Ballot Proposition. 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.akus. Carol L Freas, City Clerk D1211 AUGUST 20, 2008 REGULAR COUNCIL MEETING R~UESTED ADDITIONS/CHANGES TO THE PACKET ITEM REQUESTED BY: ADD TO: Discussion -- APOC Rules on Use of City F~xnds for Information on Ballot Proposition -- Ballot Summary/Proposition A CITY CLERK MO\7E: Item E-6, Resolution No. 2008-54 forward to be heard Immediately prior to Ordinance No. 2337-2008 (Item E-4). COUNSELOR BOYLE CONSENT AGENDA No changes. 0 a O t9 z f° W W J U Z O U W ~' U' ~ ~ 0 0 0 ~ ~ ~ 0 ' ~ m a u> cn w ~ cn Z ~ ~ W w ~ >- ~ ~ (n ' J 0 0 0 Q 'S ~ ~ mJ O p -~. ~ m d CA (n W ~ a ~.., '~ Z r W ~ ~ ~ ~ Z O J W _! 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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) Brenda Ahlberg, Boys & Girls Club of the Kenai Peninsula -- Quarterly Update ............................................................................................................ ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGESLATORS AND COUNCYLS %TEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Orainance No. 2328-2005 -- Amending the Official Kenai Eoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial.. (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2328-2008 was made; the ordinance was postponed to August 6, 2008; at the August 6, 2008 meeting, the ordinance was postponed to August 20, 2008. The motion to approve is active.) Ordinance No. 2335-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Training ..................... 3. Ordinance No. 2336-2008 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Airport Fund and by $200,000 in the Runway Improvement Capital Project Fund for Capital Improvements ........................... 4. Ordinance No. 2337-2008 -- Increasing Estimated Revenues and Appropriations by $500,000 in a Drift Boat Pull Out Capital Project Fund and Decreasing Estimated Revenues and Appropriations by $500,000 in the Street and Sewer Capital Project Fund for Public Improvements ................................. 5 15 16 21 5. Resolution No. 2008-53 -- Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs - 2008 for the Total Amount of $51,430.00 ............................ 23 6. Resolution No. 2008-54 -- Establishing the Lower River Drift Boat Pull-Out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010 ....................................................................................... 24 ITEM I±: MINiTTES 1. *Regular Meeting of August 6, 2008 ................................................................. 25 ITEM G: aTEM II: 1. Bills to be Ratified ......................................................................................... 45 2. Approval of Purchase Orders Exceeding $15,000 ............................................. 46 3. *Ordinanee No. 2338-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dock Improvement Capital Project Fund for Culvert Replacement ..................................................................................... 47 4. *Ordinance No. 2339-2008 -- Finding that Certain City-Owned Land, Identified as Tract A-1, Birch Fields Subdivision, Kenai Well Addition, According to Plat No. 2008-30 on File in the Kenai Recording District, Third Recording District, State of Alaska, (KPB Parcel No. 041-030-51), is Dedicated for a Well Site and Other Public Facilities ....................................................... 48 5. *Ordinance No. 2340-2008 -- Amending KMC 14.20.200(a) (Accessory Structures) to Allow Accessory Structures No Larger Than Two Hundred (200) Square Feet in the Rear Setback and to Define One .1; Stcry Height ................. 49 6. *Ordiixance No. 2341-2008 -- Increasing Estimated Revenues and Appropriations by $198,000 in the Airport Fund and in the Runway Improvement Capital Project Fund for the Design of the Airport Apron Pavement Rehabilitation ................................................................................ 53 7. *Ordinance No. 2342-2008 -- Increasing Estimated Revenues and Appropriations by $65,000 in the Airport Fund and in the Airport Equipment Capital Project Fund for the Purchase of Snow Removal Equipment ................. 63 8. Approval -- Lease Application/Alaska Court System, State of Alaska -- Lot 13, Block 1, Cook Inlet Industrial Air Park ........................................................... 66 9. .Discussion -- APOC Rules on Use of City Funds for Information on Ballot Proposition ................................................................................................... 72 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging ............................................................................................ _- 2. Airport Commission ........................................................................................ __ 3. Hazbor Commission ....................................................................................... 74 4. Library Commission ....................................................................................... 78 5. Parks & Recreation Commission ..................................................................... -- 6. Planning 8s Zoning Commission ...................................................................... 82 7. Miscellaneous Commissions and Committees a. Beautification Committee ........................................................................... 92 b. Alaska Municipal League Report ................................................................ -- c. Mini-Grant Steering Committee .................................................................. -- ITEM J: REPORT OF THE MAYOR ........................................................ -- ITEM K: ADMINISTRATION REPORTS 1. City Manager ................................................................................................. 96 2. City Attorney .....................................................................:........................... -- 3. City Clerk ...................................................................................................... -- ITEM L: 1. Citizens (five minutes) 2. Council YTEM M: PENDING LEGYSLATYON (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: Ordinance No. 2314-2008 was postponed on June 4, 2008 to the August 6, 2008. At the August 6, 2008 meeting, it was postponed to the September 3, 2008 meeting. The motion to approve is active.) Resale±i~n NQ. 2008-4? -- Terminating the Protect _F,ntitled "Ames Road South L?D Special Assessment District." (Clerk's Note: Resolution No. 2008-47 was substituted and subsequently postponed to September 3, 2008. The motion to approve is active.) - None Scheduled. ITEM N: x~:r~:r~~*~***r:*x~~*****x*x****~x****x*******~rx***~*~******~****,r~*:r**x***~x~x*t*~x*x**x**:t******* INFORMATION ITEMS AUGUST 20, 2008 Page No. 1. 8/20/2008 Purchase Orders Between $2,500 and $15,000 for council review.... 107 2. 8/ 14/2008 Kenai Harbor Rate Schedule .......................................................... 108 3. 8/ 14/08 Councilor Molloy draft ordinance relating to KMC 1.15, Rules of Order ............................................................................................................. 109 4. 8/ 19/08 Kenai Peninsula Borough Assembly Meeting Agenda ........................... 119 20 August zoos Rick Koch, City Manager City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Subject: FY09 Budget Dear Mr. Koch: ~~/ -/ ~/~nlo~' BOYS & GIRLS CLUBS OF THE KENAI PENINSULA Enclosed please note the FY09 budget and FY08 budget-to-actuals spreadsheet. This information serves per the requirement of our contract. Currently the contract indicates a calendar year budget. Per your recommendation at our 8/18 meeting, I would like to request that the contract reflect our budget is based upon a fiscal year. In closing, thanks for meeting with James Clark and me; I believe the conversation identified additional ways to enhance our relationship, i.e. cross-training with a focus on CPR first aide and critical incident review for the recreational center staff Enclosure: FY09 budget and FY08bodget-to-actuals Programs Office 705 Frontage Road Suite B Kenai, Alaska 99611 907.283.2682 sa7.zs3.a19o Fax positive placeforkids.com Club Locations Homer Kenai Kenai Teen Center Nikiski Seldovia Seward Soidotna Cornerstone Contributors ConocoPhillips bP The PiDS®f/l/2 Place For Kids s 0 } LL U U N C N Y & 4 LL G K 6 & F € ~ g @ ~ a c ~ ~ a E a 4 ~ ~ ~' E ~_ a' T ` i m ~ ~ ~' o & ~ > E a g 3 3 E ~ c v ~~ O h E . e m W J m 6 ~ w v E g c i _ a d ~ m ~ g' s E' 8 2 ~ ~ _ ~ ° ~ ~' = > ~ " ~ z 6 _ E E w ~ 3 v , ~ x v m m 3~ ~ € J c _ E ~ a $ 9 8 ~ g u S & S ~ ° ~ ~ v y ~ ~ E S~ ~ ~ ¢ . q Y E ~ nl o ~ W $ q s a E ~ g ~ v F a ~ F e ~ E >$ LL 0 0 °o (0 0 0 °o LL) 0 0 °o M 0 0 o V 0 0 °o O O O O O O O O O O O m M M ~ ~ r ~ ~ M O r M r r o5 0 o M N ~- LL O O O o ~ ~ O LL V r N to M V 7 E = w C a m V ~ ac .- 6 m C > w ~ O q p A LL C -~ ¢" '° a c Y O Q O Q a° m _N O ~ K U C` O U ii h O O C O ~ ~ ~ ~ 0 °o 0 N M O O V] O of f9 O O O M A F g A d a` 3 O o o o O O O O O O O O O O ''.O ' O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .0 ' O O O O O O O O O o o o o d d d ci o o o o o o '.o o o o o 0 0 0 0 0 ~ ~ ~ ~ ' ~ to V O O N M O O N (O d' N O N V V d' N M e- N N r ~ ~ r M r r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 O O O O O O O O O O O O O O O O O O o 0 g M N M (O to O OJ O W O m V O> h m t[J O O O V M tf) M m 0 N ~ r O N M (O M M N r r N !O V d' ~ t^ M N (O O M N ~- r V M N W M N ~- M ¢ O ( V ~- N t^ t o N A M M ~ O y LL O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 O V 7 0 0 ~ 0 O O M O t O l h o in o ~n o ~o o r o o M a v in ~o o w v O ~- N N O (O N N W M W M M r N ~- M r N ~ r N N N V C ° C d m m m m m ~ W m 2 d q O u 6 Q d a U E .O 6 C ^ m `d m J m ~ ° Z E m m m "' u W o as e a$ m U N ~ !' C N~ m L~ N O 0 'C W N a y A W _ 1 L .C -1 _ >° V G °' C C m °' J C O N G '" p, 6 m C q~~ l! V ° ° ~ E c m o ~- a 5 E o o o 1O ~- o ` `rc m E a. a o ¢ ¢ m mwc~c~^w wc9 h~~o=i=~3> G Ep V F e 0 q 3 E S 0 B E E o p o O 0 0 O O N O N ~ N O O ~O O m~~ N P`+ o O N v 19 to O O O O O ~ V O .r N W t9 H3 a y y ~ V d N N a Z W O f e w m LL Kenai Teen Center Summer Update The Kenai Teen Center was a very happening place this summer. Over 30 teens attended the center everyday! Below are some of the activities that the teens participated in this summer • Bowling • iYlovies • Hawk's Games • Challenger Center • BBQ's • Mini-Golf • Computer Activities • Sports Activities • Pool Tournaments The Teen Center continues to grow. A look at our summer daily attendance shows the following: Date of activity AcfiviYy Attendance 27-May Frozen t-shirt contest 31 3-Jun new movie day 28 6-Jun Bowling at alaska lanes 27 10-Jun new movie day ZO 13-Jun BB4 29 17-Jun new movie day 21 18-Jun Movies at kambe theatre 21 20-Jun mini golf, arcade 21 24-Jun new movie day 22 26-Jun hawk games 23 27-Jun BBQ 27 1-Jul new movie day 27 8-Jul new movie day 32 9-Jul Kenai challenge center 20 11-Jul kenai beach 20 15-Jui new movie day 28 18-Jul BBQ 18 22-Jul new movie day 34 23-Jui Hawks games 15 29-Jul rew movie day 53 1-Aug BBQ 30 5-Aug new movie day 32 documented by: Tony Travers Teen Center Unit Director ~. e~ ~ent~r ~~e: P~pril 204 DATE Wght Raom Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 1st 3$ 16 14 0 1D2 170 2nd 24 14 2 D 151 191 3rd 22 14 21 0 79 136 4th 29 16 4 0 101 950 5th 17 12 18 0 236 283 6th 3 D 2 0 115 920 7th 29 30 18 0 67 144 8th 30 12 11 0 253 306 9th 33 32 8 0 122 195 10th 1'6 28 8 D 166 212 11th 22 14 0 0 147 1$3 12th 12 20 2 0 372 406 13th 4 3 5 0 32 44 14th 16 15 6 0 36 75 15th 27 25 99 0 207 276 16th 26 21 0 0 164 211 17th 20 14 0 D 275 309 18th 15 21 15 0 149 2D0 19th 29 16 9 0 401 455 20th 2 0 6 0 17 25 21st 27 30 2 0 59 118 22nd 24 24 12 D 221 281 23rd 31 14 2 0 116 163 24th 20 2$ 2 0 113 163 25th 16 i4 14 0 117 161 26th 19 38 Z D 426 485 27th 3 0 0 0 51 54 28th 27 16 0 0 72 115 29th g 21 0 e 148 177 30th 19 14 0 D 72 105 610 522 2D2 0 4581 5915 Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym 610 522 2D2 0 4581 5915 REC CENTER USE BY AREA (April) I/Wgh~ t ® Raq. Court 1 ~ ® Raq. Court 2 ® Raq. Court 3 / Gym 2 ~C ~C1~Gi" ~5~: ~j9 2Q~~ DATE Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TGTAL 1st 13 30 10 t} 197 250 2nd 23 16 12 0 236 289 3rd 13 28 16 0 357 414 5th 20 i4 0 0 197 231 6th 13 16 0 0 221 250 7th 13 14 0 0 107 134 $th 24 14 3 0 288 329 9th 20 21 28 0 372 441 10th 14 12 12 0 737 775 12th 23 16 2 0 82 123 13th 10 12 19 0 73 114 14th 13 12 8 0 94 127 15th 12 28 0 0 42 62 16th 1.3 0 0 0 97 110 17th 6 14 14 0 59 93 19th 25 28 4 0 54 111 20th 12 44 5 0 71 132 21st i3 29 2 0 103 747 22nd 15 10 0 0 57 82 23rd 9 14 0 0 59 82 24th 11 20 0 0 61 92 26th Closed 27th 17 14 4 0 61 95 28th 12 $ 2 0 $9 111 29th 14 28 2 0 60 104 30th 13 12 0 0 6$ 93 31st 2 0 2 0 56 60 T^TAL 373 456 145 0 3aau 4872 Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym 373 4S6 145 0 3898 4872 REC CENTER USE BY AREA (May} 3 ec Center Use: June 203 DATE Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 2nd 21 12 8 0 73 114 3rd 20 16 7 0 65 109 4th 21 0 0 0 115 136 5th 14 28 0 0 78 118 6th 13 0 0 0 67 BO 7th 2 6 0 0 64 72 9th 6 11 0 0 85 82 10th 14 15 4 0 71 104 11th 12 0 10 D 151 173 12th 26 23 4 0 78 129 13th 20 0 p 0 78 98 14th 5 8 14 0 59 86 16th 20 17 0 10 37 84 17th 16 16 4 d 48 84 18th 11 Z 2 0 100 115 19th 9 8 0 0 76 93 20th 12 12 0 0 51 75 21st 7 4 2 2 30 45 23rd 15 14 3 0 76 106 24th 14 17 0 0 55 86 25th 19 4 0 0 56 79 26th 15 27 2 0 64 108 27th 11 5 5 0 59 80 28th 9 12 0 0 58 79 30th 15 14 12 0 46 87 TOTAL 347 269 77 12 1719 2424 Wght Roam Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym 347 269 77 tit 1719 2424 REC CENTER USE BY AREA (June) 4 KENAI RIVER BROWN BEARS PO Box 2605 Soldotna, AK 99669 (90'7} 398-435'7 Loren Reese Assistant Principal Kenai Central High School 9583 Kenai Spur Highway Kenai, AK 99611 August 19, 2008 Dear Mr. Reese, ~ -1 As per our recent discussion, our players are available to assist in the clearing of brush and limbs on any property adjacent to KCHS where safety and visibility are of concern to the administration and ofbenefit to the student body. The Brown Bear players do a tremendous amount of work within the Kenai area and welcome an opportunity to improve the KCHS learning community. Please let me know if you require our assistance for this project or others as they occur. Sincerely, Nate Kiel General Manager Kenai River Brown Bears North American Hockey League KENAi RIVER BROWN BEARS A Program of the Kenai Peirinsula Youth Foundation ' ~~`' Suggested by: Planning & Zoning Commission ~.. `, e!,°°h'°f CETY OF KENAI KENRv SIdA ®RY3YP7ANCE Nf3, 2328-2f3(98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING M_4P BY REZONING TRACT A, GUSTY SUBDIVISION NO. 3, TRACT B, GUSTY SUBDIVISION NO. 6, AND TRACT C-1, GUSTY SUBDIVISION NO. 7 FROM CONSERVATION TO LIGHT INDUSTRLgL. WHEREAS, the 2003 City of Kenai Comprehensive Plan recommended a revision of zoning of airport properties to comply with future expected uses; and, WHEREAS, the Airport Supplemental Plan supports rezone of airport lands to allow for Federal A~aafion Authority (FAA) authorized uses; and, WHEREAS, the area to be rezoned is subdivided; and, WHEREAS, the parcels are zoned ConservaUOn (Cj; and, WHEREAS, the rezoning to Light Industrial would permit uses as allowed by the Federal Aviation Authority (FAA) and consistent with airport development; and, WHEREAS, the Planning and Zoning Commission held a public hearing on June 25, 2008 and voted unanimously to recommend the properties be rezoned; and, WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Light industrial zone (IL), NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zaning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Fntroduced: July 2, 2008 Adopted: July 16, 2008 Second Reading: August 6, 2008 Thud Reading: August 20, 2008 Adopted: August 20, 2008 Effective: September 20, 2008 New Texf Underlined; [DELETED TEXT BRACRETED) 5 Ordinance No. 2328-2008 Attachment A ~'~ . v;' '' Legentl .~.~,.. ~ u..~~ 0 ~..~,,.~. 0 e,«..~w...u 6 r __ ~ . \f ~!l+elc+ly of 1/ CITY OTC KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ08-35 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROV"AL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMI"F'TED BY NAME: Rick Koch City Manaeer City of Kenai ADDRESS: 210 Pidalao Avenue Kenai AK 99611 LEGAL: Tract A. Gusty Subdivision No 3 Tract B Gusty Subdivision No 6 and Tract C 1 Gusty Subdivision No 7 PARCEL #: 04327021. 0432'7035 & 04327034 _ WHEREAS, the Commission finds the following: 1. The subject properties are currently zoned Conservation Z, The present land use plan designation is Airnort Industrial 3. The proposed zoning district is IL -Licht Industrial 4. An appropriate public hearing as required was conducted June 25 2008 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NC7W, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Tract A, Gusty Subdivision No 3 Tract B Gusty Subdivision No. 6, and Tract C-1 Gusty Subdivision No ? as shown on Attachment B is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING A1VI1 ZONING COti'IMISSI®N OF' TgIE CITY OF' KENAIg ALASKA, June 25, 2008. CIIAIRPERSO ~.~ ATTEST; a1h,tL<.~ _~ 7 Ordinance No. 2328-2008 8 Proposed Rezone "~'fla~e r~~`t~ a P~~t; Gc`t~ r~~t~i ~ ~~t~re ®, '-~~`' . 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 "`4,-~ -T Telephone: (907} 283-7535 /Fax: (907) 283-3014 www.ci.kenai.akus Ehe~cc'Cyof KENAIK~ SKA ~ `~~ TO: 'vlayor Porter and the Kenai City Couxleil FROM: (~"~~Cary R. Graves, City Attorney DATE: July 31, 2008 RE: Dusty Subdivision Rezone Questions from Councilor Molloy Councilor Molloy asked me to research three questions regarding the Gusty Subdivision Rezone (Ordinance 2328-2008). `I`he questions and answers follow. Wince-Corthel-Bryson, Kim Howard and Marilyn Kebschull helped in providing information far this merna. 1. Question 1. What are the FAA restrictions on nse and/or development o,f property in the aircraft flight path? Answer: The rAA places development restrictions in tt-ie "runway protection zone." Under federal rules,' the use of land in the RPZ for such things as residences, fLtel handling arid. storage facilities, churches, schools, hospitals, office buildings, and shopping centers is prohibited. Other objects or activities that generate smoke or dust, misleading lights or fhings that create glare ar attract wild animals are also not allowed in the RPZ. Automobile parking facilities, although discouraged, are allowed in the RPZ as long as they are located outside the central portion of the RPZ. 'Pursuant to a 1989 FAA letter to the City of Kenaiz, seven lots owned by the airport were released for tease (but not sale) on the condition that the Leases include a 90-day cancellation elause.3 That 90-day cancellation clause provides a significant practical liznitation upon what development is economically feasible on the property. FAA Advisory Circular 150/5300-13 CHG 13, Chapter 2, Sections 211 a (&) & (9) and 212 a (2)(a) & (b). s Sea the February 9, 1.989 letter faom Russell L. Oyster, Manager, Safety and Standards Branch, Airports Division, Federal Aviation Administration, to William 7. Brighton, Kenai City Manager. 3 'rhe seven tots are: 'T'ract A Gusty Subdivision No 3: Tract B, Gusty Subdivision No. 6 Tract G 1. Gusty Subdivision No. 7; Lot 1-3, Block 3, Gusty Subdivision. No. 4; and Lot 4A, Block 3; Gusty Subdivision No. 5. 'Che underlined lots are incinded in Ordinance 2328-2008. 9 under FAA rules, the height restriction on Gusty Subdivision (going from North to South) is 32 to 55 feet a Z. Question 2. Do any aFthese restrictions apply to this property? Answer: Ordinance 2328-20008 eovors three parcels; Tract A, Gusty Subdivision No. 3; Tract B, Gusty Subdivision No. 6; and Tract C-l, Gusty Subdivision No. 7.5 All Three parcels are subject to non-sale restriction and any lease must include a 90-day cancellation clause. Of the three lots in the ordinance, only Tract C-1, Gusty Subdivision No. 7 is included in the RPZ. It is included in the central portion of the RPZ. The FAA RPZ restrictions on use of property described. in Paragraph 1 apply to that lot. 3. Question 3: If FAA restrictions apply to the development of these properties, then considering those restrictions, is there a difference (a*« there differences; in the potential uses of those lots between the Light Industrial Zone and the Conservation Zone? Answer: The FAA restrictions regarding the use of property in Lhe RPZ apply regardless of zone. Of the three lots in the ordinance, only Tract C-1, Gusty Subdivsion No. 7 is included in the RPZ, and thus subject to the FAA use restrictions described in Section 1 above. All three lots are subject to the 90-day cancellation clause regardless of zoning classification. There are, of course, differences in allowed uses between the IL and C zones. I have attached a copy of the land use table with the differences in uses circled for easier comparison. Please let me lznow if there are any questions or if any additianal information is.needed i:; ti a That limitation will increase fo 44 to 73 feeC. S Two of the three Lots are teased to Tames Doyle. Tract 41, Gusty Subdivision No. 7 is tihc one not leased to Mr. Doyle. ~ See Footnote 2 previous page. 10 14?2.010 Chapter 44.22 LAI~131 USE TE8>4LE* Sections: 44.22.01.0 Land use table. Editorr's Note: The land use table was moved to its own chapter by regnost of the city. 44.22.040 Land use table. LAMS USE TA.IBLE KEY'. P=Principet Permitted Usc C = Coaditionat Use S =Secondary Usc N = No[ Pcrn~it[ed NOTL+: Reference iootnatcs on following pages for add- lional rC5tric[ion5 ZiSN4NG D1STRiCTS RESIDENTIAL ~ '~ LAND USPSS RR ' RRS R9 RSI RS2 RU CC CG IH ED R "1'SH LC C Ona Family Dwelling Cat P P P P P P Ps` S' Sv Sz G,xz P P P ~ S~/Cs~ 'Two1i'hrec Family Dwelling C'" P P P P P P p" S~ C G C" P P I' S~/Cs~~l Fom~Family Uwellusg 0~" ~ P C° P N N P Pc' S' ^. C C" N P C 5~/Cc'~ Five/Six Family Dwc(ling C'" C' N P N N P P" S~ C C N O N P C S~/Cc~ Sevan or More F'xmily Dwd:ing C'" C' N C3 N N F N' S~ C C N N P C S~/Ct' Townhousos° C'" C ~ C C C C C C C C C C~ C C ` C C MobBo Home Parks` N C C C C C C C C C C N C N C S C Planned UniC Residential Development' C'" C C C C C C C C C` C N C C C ~ C Cf~N4MFRCIAL .,AND USES RRi RS i<Si I i2B2 ' Rii ~ CC CG ~ ~ IIi ~ ED R TSH LC ~CMU Automotive SelcS N C C N N N C P P P N N N N A P Automotive Service Stations N C C N N N C P P P N C N N P Bxnke N C i C C I N N C P p C N C C C P ~Dusiness/Consumcr j ~Serviocs N C C C N, i N C P P p C N C C C P~ Guide Sorvicc N C C C N~ N C P p P P N p P C P Hatets/Motels C C C N N ~ C P P p C N C P C P Lodge C C C N N C P p C N P P C F Profcssimral Offices C C C N N T P p P P N C P P i p Rostaucants C C C N N C P P P C N C C P P Rctait Bnsincss N C C C N N C P F' P 5'4 S'° C C P Wholesale business N C C C N N C C P P P N S5° C C N Theaters/Commercial Recreation N C C C N N C P P C C N P C C P (Kenai Supp. Nu. 92, 3-OS) 292 11 14.22.010 LAND 1JSE TABLE KEY: P =Principal Pennittcd Use C =Conditional Use S =Secondary Usc N = Not permitted NOTE: Reference footnotes on following pages for addi- eional restrictions ZONING D1STI21CTS iND1JSTL2IAL LAND U6E6 C RR RRI NS RSl R62 Y2U CC CG Lb IH ED 12 TSB LC CMU Airports and Relatod Uses P20 C C C N N C P P P N C N N B C Aul'amotive Repair N C C C ( N N C P P P N N N N i p' Oas Manufacturcrl5toragc N N C C N N N N N Cs C° N N N N N '. Manufaclaring/Fabricatingl Assembly N C C C N N C C P p p N C C N C ry' Mini-SCOrage Facility C C C N ~ N C C P p N N N C C' Storage Yard N C C C N N C C 1> P N N N N C '. Warehouses C C '' C N ~ N C N P P P N C N N N ' PUBLIC/ INSTITUTIONAL ! - LAND USES C RR RR1 RS RS] R62 RU CC CC FL IH ED R T6H LC ~ CMU Chantablc Institvfions C C C C C C P P P Y P P C P C ~ P Churchos* C P1° I p'^ P'° P'0 Pp1 P10 Pm P'0 C C P p'" P P P Clinics C C C C C C C P P P C C C C P P Collcgoc* ' C C C C C C C P P C C P C C: C P Etcmcnlary Schools' C C ! C C C C C P P C C P C C C P Clovemmcntal Bnitdings C C C C! C C C P P P C P C C F P High Schcols* ! C C ~ C C C C C P , P C P C C C P Hospilals* C C ~ ~ C C C C P P C C C C C P Librarios* C C C C C C"' P P C P C P C P Museums C C C C C C C P P P C P C P C P Parks a-,d P.ncrcaticr I P ~ C { C i C C C i C i p P P p p p p q p Assiatod Living C C C C C C C C C C C C C C C C 02ISCELLANEOUS ~ i ~ LAND USES ~ C I'LR RRl RS RSl RS2 RU LC CC tL IH ED R. T6S LC C:MU Animal Boarding" C C C C C A N N C G C C N C N C C Bed and BrcakPas¢s C C C C C~ C~ C C C C C N C C C P Cabin Rentals C C C C N~ N N p f P P C N~ P P C Y Cemeteries C ~ C C N N N N C C N C C N O ~ N CremafurieslFuneral Hennes N C N C N N C C C C C N C C C C Day Caru Comers" C~ (; C C C C C P p P C C C P p Dormitories/Boarding HOnBPB ~ C C C C C C P P" I S C P P''j C C P( P 6sscntial Services P P P P ' P P P ' P P P P P! P P P P Farming/Cicocral Agriculture"** P P N N N N N N N N P N I P~ N N' N C4rconhonseslPrco T2urscrics" C C C C C C C P P P C N C C P~ P 293 (Rannl Supp. No. 92, 3-0$) 12 14.22.010 LEONID ~'SE T.A%3blE KEY'. P = Arincipal Permiftntl Use C =Cond9hona113so S =Secondary, Use N a Nnt Permitted NOTE. Reference YeaGlotes on following pages fo:~ addi~ Cionai restric!ions ~~ 2fJiVHfa'Ca fAflST~2PCTS ~ ' TtaHS~PiLLAN~+47U5 ~ ~ ~ LAND USES C RYi RR] RS ASl fLS2 dtU CC CC 3L 7!{ )CB R T'SH L.(', I Gunsmithing, Printing, N C C C C C G P P I> p N C P P P Taxidclmy ~ Assemblics's (Large. C C C C C C C P° P1A p's p° P`s C P N P's SC ircuses, Fairs, Etc.) I I ~ I Ef`raacmal t)Yganizations7 N, C, C ~ C C ~ C P P I' C 1Q C P C P PrIV3tC C1UY1G150Cldl 1'18115 I ~ land Union Halls 'Nursing, Convelcsccnt or N I C C C C C C ]~ P C C C C C C P Just H omen Parking, Off-Strccf P P P P P P P P P P P P P P P p Forking, Public Lots" C C C C C C C C C C C C C C C C Porsonal Serviccs'a C C C C C C C P p P P C C P' P ~ P 4 Radio/PV Transmitters/Ccil~ P P C C C. C C P P P I P p C C C P Sitrs'* I -1 Y _ I Racraatitlnal Vehicle Parks C C C C ~ N N C C C C C N C __ C N ~ C Subsurface Extracrion of C C C C C C C C C C C N C N N N Natural Rcsources16 Surface Extraction of " C C C C N N C N ~C~ C C N C N N N '.Natural Resources - I ~ --_ 5co 42 USCA Soo.200Gcc (Rcligieus Land Use end institlllionalizod Acraons Ac[ of2000) "* See 42 TclccommunicatinnsAct of 7595, Sea 704(x) " See, howeve[, the limitations imposed under KMC3.IGD iO i Footnotes: ~ I 1. Allowed as a secondary use except on the ground floor of the part of the building Fronting nn collector sheets and major) highways. Commercial or industrial which felts ender the Itmdscaping/site plans requirements of KN[C 14.25 shall include ) any secondary uses in the landscaping and site plans. ~2. voe ;;l i single-famSy residence pe; parcel, which is pmt of the main building. ~ 3. Allowed as a conditional use, subject to satisfying the foilo'wing conditions: a The usable area per da~eiling unit. shall he the same as that required for dwelling mmits in the RS zone; b. The site square footage in area. must be approved by the Commission; c. Yards around the site, o'fF-street parking, and othor developmeut requirements shall be the same as for principal uses in the RR. zone; d. Water and sewer facilities shall rneet the requirements of all applicable health regulations; e. The proposed dwelling group wilt oonsNtute a residential area of sustained desirability and stabflity; will be in harmon y I wiiL the character of the sun~ounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential pwposes a'tid customary accessory uses, such as gazagea, storage spaces, and recreational and community activities; g. There shall he provided, as part of the proposed development, adequate recreation areas to sen~e the needs of the an- ) ticipated population; h. The development shall nnC produce a volume of traffic in excess of the capacity for which the access streets are de- signed; i. The property adjacent to the proposed dwelling group will not be adverely affected. ~4 See "Townlrouscs" section. ` S. See T2obile T3omes"section. (Kenai Supp. No. 94, 3.OS)29Q 13 14.22.010 fi. Allowed as a wnditional use, sub;ecr to "Mobile Avmes" section and provided that any mobile hvme park. meets the mini- mum Federal Housing Authority requirements. 7, See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided thaEkhe proposed ?oration and the characteristics of the site will not destroy the resi~ dentia? character of the neighborhood. 9, Allowed as a conditional nse, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located raarer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building 3s lovated nearer than thirty ('30) Feet to any adjoining street or property line and provided fvtrCher Chat the proposed Ivcatior. and eharaoteziatias of Che use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. - The proposed location of the use and the size and characeerisfie of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will rot be a nuisance to surrounding properties. The Commission shalt specify the conditions necssary Ca fulfill this re- quirement. 14. Ailowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. ', I5. Allowed, provided flier the fotlowing conditions are met a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public s+.reets. 16.. See "Conditional Uses" section. 7 7. See "Conditional Use Yenrit for Surface Ex±raction of Natural Resources" section. I8. Conditional Use atlnwed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144-2006. 2f1. The airport related uses allowed under this entry are aircrafr approach zmtes Per KMC 14.20.070(a), except that fox properties contained inside the airport perimeter fence yr !raving access tc aircraft movement areas, ramps, taxiways or pazking aprons, FAA authorized uses are allowed. 27.. Developments for use shat? be the same as those listed in the "Development Requirements Table° for the RU/TSH zones. 22. Allowed as a condtional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or stu- dents for a school in the zone. 23. Ailowed as an accessoryuse in conjunction with a permitted use in the ED zone. For example, a dormitory used to ltouss. students #or a school or educational facility. i 24, Retail businesses allowed as a secondary use in conjunction with t}te primary use (e.g., a gift shop or coffee shop within an- other business). 25. Art studios: harbors, beau6icians, dressmakers, dry cleaners and self-service laundries, fitness centers; photographic studios, tailors, tanning salons and massage therapis[s. 2L. Food services are attowed nn a temporary or seasonal basis o{not mm~e than four (4) months per year. (Amended during 7-7-99 supplement; Ord'. 1862-2000; amended dozing 12.1.-00 ,ci?nnlarner,r• nrd ,cll.. 2001,1938-2001,1956-2002,1962-2002,1990-2003,1994-2003,2053-2004,2081-2005,2112-2005,2113- 2005,2144-2006,2152-2006,2185-2006,2195 L006,.2246-2007,2272-2007) 295 (Kenai Supp. Ne. 92, 3-08) 14 Suggested by: Administration CITY OF KEPIAI ®$DINAIYC}: DTC. 2336-200 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,000 IN THE GENERAL FUND FOR POLICE TRAINING. WHEREAS, the City of Kenai has received $2,000 from the Alaska Police Standards Council for police training; and, WHEREAS, these funds will allow for additional officers to receive police related training throughout FY2009; and, WHF,REAS, it is n~ the best interest of the City of Kenai to provide for the training of its police officers. 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: Police -State Grants $2,000 Increase Appropriations: Police -Transportation & Training $2;000 PASSED BY. THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, Zoos. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (07/25/2008) hl Introduced: August 6, 2008 Adopted: August 20, 2008 Effective: August 20, 2008 New Text Underlined; (I3ELETED TEXT BR4CKETED) 15 CITY CF' KENAI Suggested by: Administration tRDINANCE N0. 2336-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 IN THE AIRPORT FUND AND BY $200,000 IN THE RUNWAY IMPROVEMENT CAPITAL PROJECT FUND FOR CAPITAL IMPROVEMENTS. WHEREAS, the FAA has approved funding for additional work to be included in the Runway Improvement Project; and, WHEREAS, the estimated cost of the additional work is $200,000; and, WHEREAS, the FAA will fund 95%, the State of Alaska will fund 2.5% and the Airport Fund c~n1l provide 2.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of F1xnd Balance Increase Appropriations: Transfer to Capital Project Fund Runwav Improvement Capital Proiect Fund increase Estimated Revenues Federal Grant State Grant Transfer from Airport Fund Increase Appropriations: Engineering Construction $5,000 $5,OD0 $190,000 ~w5,000 5 000 ~QO 00 $40,000 loo 000 200 00 _ Necv Text Underlined; [DELETED TEXT BRACKETED) 16 Ordinance Iv'o. 2337-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: ~. {07/30/2008) hl Introduced: August 6, 2008 Adopted: August 20, 2008 Effective: August 20, 2008 New Text Underlined; (DELETED BRACKETED) 17 "Sevvi,~t~G ~'e+~axt~s~" h 1 305 N. SF. SUrBE 2048 B~NA1, 99977 E~rI28:i-7957 .i~irparf[ FAX 907283'5737 t To: Rick R. Koch- City Manager From: Mary Bondurant -Airport Manager Date: July 31, 2008 Sutsject: ProposeziAlP Project List The FAA has requested fhe Kenai Muniapal Airport submit an updated Airport lmprovemenf Project list. This list consists of planned projects eligible for Federal AIP funding from FY2009 through FY2011. These projects must be in the Airport Master Plan, Supplemerrtai Planning Assessment, arrcl on the FAA approved Airport Layout Plan. After consultation with the FAA and Wince-Corihe(I-Bryson the attached lisf is being submitt~i to the FAA. The projects planned for the next year are fairly solid in msk and nature. Attachment www.ci.kenai.ak.us. 18 "Sev~rw[~-i~iC 7C.v ~ev~,v 30S N. WALLOW SF. SUITE 20Q t~IP1, 996'14 IELEPHOPdE 94'T,283.7'9S4 PI6X 9C7s283~3F37 Praposed AIP Pragram 2009 - 2011 Year Project Entitlement Discretionary City/ State Airport Total Funds Funds _Funds a 5 /o Fund 2009 Apron Expansion & I $190,000.00 i $1Q 000.00 ' $20Q 000.00 RehabilitationDesi~tn , i , 2009 Track PlowAttaohment $1,007,000.00 $53 000.00 ~ .$1 060 000.00 & ARFF Truck , , , 2009 Float Plane Basin Lease $142,500.00 $7 SOU.00 $150 000.00 I! Area Development E.A. , , Phase I Apron i ~ i 2009 ~ RehabJlteconstruot50% $897,500.00 $1,430;000.00 ~ $122 500.00 $2 450 000.00 Existing Apmn Widen , , , North 500' 2010 Phase I Float Plane Basin $190,000.00 $10 000.00 $200 000.00 Desi n , , i Phase [[ Apron Complete ! , '. 2010 ! Rehab(Reconsiruction $920,000.00 $2,415,000.00 $175,000.00 i i $3,500,000.00 Existin Aron ' Phase I Float Plane Basin ~, Water Side Lease Lots, '. R!W iR-I9LRe[ocation, '.. 20[1 ~ wi Taxiways, i-access, ~ $[,[vV,vvQvv $i,luQ,uvU.VU I YLVV,000.UG i $1,000,(/VU.UU $4,000,UUU.00 ~I. Fencing, Electric, , Telephone, & Gas Utilities I Combo SRE 2011 Plow/Sander $821,750.00 $43,250.00 $865,000.00 ', Blower/Broom Truck I TOTAL $3,430,000.00 $7,373,750.00 $621,250.00 $1,000,000.00 $12,425,000.00 ~~ www.ci.kenai.ak.us 19 Mcsnicipai Rirport Page I of 1 Mary B®r4durant From: brad.garland@faa.gov Sent: Thursday, March 27, 2008 1:08 PM To: Mary Bondurant Subject: Re: Runway Project FAA concurs with and approves of change order 10 ... the work items are AIP-eligible. As long as the work items are related to the runway projecF (either directly or incidenta(iy) you can fund them through your existing grants. You can amend your existing grants upwards of up to 15% for these type of items. It is up to you/Casey{City Finance to determine how much grant funds are available with the 15°/a amendment. Hope this helps. Brad A. Garland, AAA-610 FAA Airports Division Alaska Region (907)271-5460 "Mary Bondurant" <mbardurani(t~ci.kenai.ak.us> 03/27/2008 15:43 AM TO Bred Garland/AAUFAA@FAA w Subject Runway Project Brad - In our discussion yesterday I neglected to mention that in Casey's memo (that 1 left for you}, he addressed a Change order 10 for Fighting, grading, wind cones, etc. Each is listed in priority with project estimate. Are there funds available in the runway safety improvement project for this change order 10 or any part of it? There would be a lot of work i..~ gett;~ g prices and did nGf want io go through that if grant funds are not available'? Thank you and please call if you have any questions. Maly L. Bovuf~.u~avtt Airport Manager Kenai Airport 305 N. Willow, Suite 200 Kenai, AK 99611 (907}283-7951 (907) 283-3737 I amusing the free version of SPAMfighter for private users. It has removed 23621 seam smalls to date. Paying users do not have this message in their emails. Try SPAMti~hter for free now! ~t?n 7/so/loos 20 /,. ~' 1` , Suggested by: Councilor Boyle, Harbor and Parks & Recreation Commissions f,y, t{rr. ci~o~ KEMAI. AlRSkp CI2'Y OF I{IENAI .~ , CRDINANCE NO. 2337-20G'8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIAMTED REVENUES AND APPROPRIATIONS BY $500,000 IN A DRIFT BOAT PULL OUT CAPITAL PROJECT FUND AND DECREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $500,000 IN THE STREET AND SEWER CAPITAL PROJECT FUND FOR PUBLIC IMPROVEMENTS. WHEREAS, the City of Kenai was awarded a grant from the State of Alaska for $1,000,000 for public improvements; anal, WHEREAS, Ordinance No. 2321-2008 appropriated $250,000 of the grant to the Library Expansion Capital Project Fund and $750,000 to the Street and Sewer Capital Project Fund; and, WHEREAS, the Drift Boat Haul Out Project is grant eligible; and, WHEREAS, it is in the best interest of the City of Kenai to use $500,000 of this grant as funding for the Drift Boat Haul Out Froject; and, WHEREAS, the City's Capital Improvement Plan has identified a drift boat haul out that needs to be funded; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate $500,000 in the Drift Boat Haul Out Proiect Fund from the Street and Sewer Capital Project Rand; and, WHEREAS, the Harbor Commission unanimously supported City funding for a drift boat pull out; and, WHEREAS the Parks & Recreatoon Commission unanimously supported City funding far a drift boat pull out. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Drift Boat Haul Out Fund Increase Estimated Revenues: State Grants $500,000 Increase Appropriations: Construction $500,000 Street and Sewer Capital Project Fund $500,000 Nem Test Underlined; [DELETED TEXT BRACKETED] 21 Ordinaizce No. 2337-2008 Page 2 of 2 Decrease Estimated Revenues: State Grants Decrease Appropriations: Construction $500,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas; City Clerk Approved by Finance:/ ~. (07/30/2008) hl Introduced: August 6, 2008 Adopted: August 20, 2008 Effective: August 20, 2008 tiew Text Underlined; (DELETED TEXT BRACKETED; 22 '~'F" Suggested by; Administration -'. 1he~<tyaf CYTY OF KENAI KENAv SKA RESOLUTION N0.2006-53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE SID TO TRI-CITY'S CONSTRUCTION, INC. FOR CONCRETE REPAIRS - 2008 FOR THE TOTAL AMOUNT OF $51,430.00. WHEREAS, the following bids were received on August 12, 2008: BIDDER TOTAL Tri-City's Construction, Inc. $51,430.00 Denn.y's Construction., Inc. $54,125.00 Schwetz Construction, Inc. $67,885,50 ;and, WHEREAS, Tri-City's Construction; Inc.'s bid xraeets the bid speci5cations; and, WHEREAS, the recornrnendation Pram the City Administration is to award the bid to Tri-City's Construction, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Tri-City's Construction, Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE iT ORDAINED BY THE CCUNCIL OF fiHE CITY OF KENAI. ALASKA, that the bid for Concrete Repairs - 2008 be awarded to Tri-City's Construction, Inc. for the total amount of X51,430.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2008. _.-?:;rte PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Teart underlined; [DELETED TEXT BRACKETED] 23 Suggested by: Councilor Boyle, Harbor Commission and Parks 8v Recreation Commission CITY OF KENAI RESOLUTION NO. 2008-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING THE LOWER RIVER DRIFT BOAT PULL-OUT AS THE HIGHEST CITY OF KENAI PRIORITY FOR CAPITAL IMPROVEMENT FUNDING FOR FISCAL YEAR 2009 AND 2010. WHEREAS, drift boat activity on the Lower Kenai River has been increasing and will continue to do so in the coming years; and, WHEREAS, the increasing drift boat activity on the Lower Kenai River has also created an increasing need for a new drift boat pull-out on the lower river; and, WHEREAS, the Kenai Harbor and Parks and Recreation Commissions both support the construction of a new drift boat pull-out on the Lower Kenai River; and, WHEREAS, construction of a new drift boat pull-out on the Lower Kenai River would increase recreational opportunities for the citizens of Kenai; and, WHEREAS, construction of a new drift boat pull-out on the lower Kenai River would improve the economy of the City of Kenai; and, WHEREAS, construction of a new drift boat pull-out on the lower river will benefit the City of Kenai and its citizens; and, WHEREAS, because drift boat users on the Lower Kenai River come from throughout the state, not just the City of Kenai or the Central Kenai Peninsula, funding from the State of Alaska should also be pursued; and, WHEREAS, funding for a new Lower Kenai River drift boat pull-out should be the City of Kenai's highest priority for capital improvement funding in Fiscal Year 2009 and 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai establishes the Lower Kenai River drift boat pull-out as its highest priority for capital improvement funding for the Fiscal Year 2009 and 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk 24 AGENDA KENAI CITY COUNCIL -REGULAR MEETING AUGUST b, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httr~: / /www. ci. kenai. ak. u s 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 uriil 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 paxt of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Roland Maw, United Cook Inlet Drift Association -- Proposed Findings £~ Integrated Fishing Community Report. 2. Rosalie Tegp, Chair, Kenaitze Indsan Tribe Tribal Council -- Kenai Municipal Reserere. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LE4uISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Orda""Hance No. 23I4-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Nofe: Ordinance No. 2314-2008 was postponed on June 4, 2008 to the August 6, 2008. The motion to approve is active.) Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. fCeerk's Note: At the July 16, 2008 council meeting, a motion to approve th~dinance RTO. 2327-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active. j 25 Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Suladivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. (Clerk's Note: At the July 16, 2008 council meeting, a motion to approve Ordinance No. 2328-200$ was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active.) 4. Ordinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 5. Ordinance No. 2333-2008 -- Increasing Esfimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses. 6. Ordinance No. 2334-2008 -- Enacting a New Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Ad~risory Committee Establishing an Advisory Cemetery Committee tc Assist in tabe Planning and Development of an Addition to the Existing Cemetery, Its integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of'Iwo Years. 7. Resolution No. 2008-45 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Elgin Sweeper. 8. Reselution No. 2008-46 -- Awarding a Contract to Yukon Equipment, Inc. for an Elgin Crosswind J Sweeper for the Total Amount of $194,616 F.O.B. Kenai. Resolution No. 2008-41 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." a. Substitute Resolutian No. 2008-42 -- Directing the Continuation ,,- of the Project Entitled "Ames Road South LID Special Assessment District" and Designating What Improvements are to be Included ,.,~~,a in This Project. 10. Resolutian No. 2008-48 -- Establishing a Policy Regarding Donation of Money, Services or Equipment of $5,000 or More in a Fiscal Yeaz to a Non-Profit (501(C)(3) Organization Requiring that the Non-Profit Provide to the City Its Most Recent IRS 990 Tax Form and an Audit or Financial Statement That is Acceptable to the City for Review Prior to Disbursement of a Donation of Funds, Services or Equipment. 11. Resolution No. 2008-49 -- Supporting the Execution of the 2010 Census and Encouraging Total Community Participation. 26 12. Resolution No. 2608-50 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. 13. Resolution No. 2008-5 I -- Supporting a Feasibility Study and Needs Assessment ui Consideration of a Domed All Sports Facility in the Central Kenai Peninsula Fuea. 14, Resolution No. 2008-52 -- Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled "New Water Transmission Mains (Phase II), Wellhouse, We11s, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2010. ITEM F: MINUTES 1. *Regular Meeting of July 2, 2008 (corrected). 2. *Regular Meeting of July 16, 2008. ITEM G: UNFIPYISHED BUSINESS ITEM II: NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 3. *Ordinanee No. 2335-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Training. 4. *Ordinance No. 2336-2008 -- Increasing Estimated Revenues and Appro ratrne by $~ nnn :.. Whe Airpyr± ~µn~ Ly ~~.,.. n P- - u avid u GCiV,VV4 ira Mlle Runway Improvement Capital Project Fund for Capital Improvements. 5. *Ordinance No. 233?-2008 -- Increasing Estimated Revenues and Appropriations by $500,000 in a Drift Boat Pull Out Capital Project Fund and Decreasing Estimated Revenues and Appropriations by $500,p00 in the Street and Sewer Capital Project Fund far Public Improvements. 6. 1pproval -- Vacation of Klamath Avenue, a 60-Foot Right-of-Way Alang the South Boundary of Lot 1, Block I, Dedicated by Buffalo Run Subdivision Phase 1 (Plat KN 98-6), and Any Associated Utility Easements, Within Section 35, Township 6 North, Range 11 West, Seward Meridian, Alaska; the City of Kenai and Within the Kenai Peninsula Borough; KPB File 2008-157. ITEM I: COMMISSION/COMMITTEE REPO>RTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 27 4. Library Commission 5. Parks 8v Recreation Commission b. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee U. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. 'Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists Legislation which will be addressed at a later date as noted.) EXECUTIVE ~ES^sION -- None Scheduled YTEM N: 28 KENAI CYTY COUNCIL -REGULAR MEETING AUGUST 6, 2008 ?:00 P.M. KENA% CITY COUNCIL CIiAMBERS httt~: / /wwcv. ci. kenai. ak. u s MAYOR PAT PORTER, PRESIDING MINUTES ROLL ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. izn the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: ~ Rick Ross ~ Robert Molloy Pat Porter Mayor Linda Swarner. Vice Mavor ,Hal Smallev i Rarrv Rirlrirlva -I Council Member absent: Mike Boyle A quorum was present. Also absent: Maya Johnson, Student Representative Mayor Porter presented award clocks to Chuck Kopp, Police Chief for his 19 years of service to the city and Jack La Shot, City Engineer/Public Works Manager for his ~7 years of service to the city. BREAK TAKEN: 7:05 P.M. BACK TO ORDER: 7:20 P.M. A-3. AGENDA APPROVAL Mayor Porter noted the following change requests to the agenda REMOVE: B-2, Rosalie Tepp, Chair, Kenaitze Indian Tribe Trsbal Council -- Kenai Municipal Reserve. ADD AS: E-9b, Substitute Resolution No. 2008-47 -- Terminating the Project Entitled, "Ames Road South LID Special Assessment District." ADD TO: E-10, Resolution No. 2008-48 -- Council Member Mo11ay memorandum of relevant 1R8 information. SUBSTITUTE: E-12, Attachment A oi'Resralution No. 2008-50 -- List changes are indicated in bold type. 29 KENAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 2 SUBSTITUTE: H-2, Purchase Orders Exceeding $15,000 -- {Change = vendor Digital Ally for in-car video cameras.) MOTION: Council Member Swarner MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTES There were no objections. SO ORDERED. A•4. CONSENT AGENDA MOTION: Council Member Swarner MOVER to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS { 10 minutes) 8-1. 'Roland Maw, United Cook Inlet Drift Association -- Proposed Findings Integrated Fishing Community Report. Mr. Maw reviewed and discussed the Proposed findings fro the Upper Cook Inlet Joint Legislative Salmon Task Force which was provided in the council packet, noting specifically the United Cook Inlet Drift Association's (UCIDA) encouragement the Kenai Peninsula Borough and City's economics be considered in the Board of Fisheries decisions; Northern Pike presence in the Mat-Su area; and, that resolutions of support to protect the Borough/City economics may be requested in the €uture. B-2. Rosalie Tepp, Chair, Kenaitze Indaan Tribe Tribal Council -- Kenai Municipal Reserve. Removed from agenda. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Brenda Ahlberg, Boys & Girfls Club of the Ilenai Peninsula -- Stated her thanks to the Kenai Police Department and Department administration assisting in forming and -rte; 30 KENAI CITY. COUNCIL MEETING AUGUST 6, 2008 PAGE 3 participatingtn the Police Athletic League. Ahlberg reported she would present the Club's quarterly report at the August 20, 2008 council meeting. Mark Flan, Strawberry Stables Trail Rides -- Stated concerns he had with his dog being impounded at the Animal Control Shelter and costs to have it released. Michael Horton, 39548 Grouse Drive, Soldatna, AK -- Stated he was a student at Cook Inlet Academy and stated his support far the rehire of Chuck Kopp as the City of Kenai Police Chief. Mayor Porter informed the audience the city manager was the person with the authority to hire/fire city personnel other than the City Attorney, City Manager, and City Clerk who are hired by the council. Kevin Rainey, 3B5 Dolchok Lane, Kenax -- Spoke in support of the city rehiring Kopp. Kristie Babock, 1500 Windward Drive, Kenai -- Spoke in support of the city rehiring of Kopp. Mary Rowley, 16.9 Kalsffornsky Seach Road, Kenai -- Spoke in support of the city's rehiring of Kapp. Nate Kiel, 444 Lawton Drive, Kenai -- Spoke in support of the city's rehiring of u:,,,,, `""rr. Kathy Watson, 308 Haller Street, Kenai -- Spoke in support of Kopp and his assistance to her since the death of her husband, Officer John Watson. Mark Cialek, P.O. Sox 373, Kenai -- Spoke ixi support of the city's rehiring of Kopp, Sane Litchfield, Linealn Avenue, Soldotna -- Spoke in support of the city's rehiring of Kopp. Rabin Farsi, 38835 Langmere Lake read, Sterling, AK -- Spoke in support of the city's rehiring of Kopp. SREAK TAKEN: 8:15 P.M. SACK TO ORDER: 8:20 P.M. ITEM D: REPORTS OF KPS ASSEMBLY LEGESLATORS AND COUNCILS None. 31 KENAI CITY COUNCIL MEETIAiG At1GUST 6, 2008 PAGE 4 ITEM E: PUBLIC IIEAREN€sS (Testimony limited to 3 minutes per speaker.) E-I. Ordinance No. 2314-2008 -- Enacting KMC 23.55,080 Providing for Longevity Pay of Two Percent (2%j for Certain .Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: Ordinance No. 2314-2008 was postponed on June 4, 2008 to the August 6, 2008. The motion to approve is active.) MOTION: Council Member Smalley MOVED to adapt Ordinance No. 2314-2008 and 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. Council Member Smalley suggested, due to the absence of the city manager and change of employees in the Finance Department, action of the ordinance should be postponed. MOTION TO POSTPONE: Council Member Smalley MOVED to postpone Ordina~ice No. 2314-2008 to the September 3, 2008 meeting and Council Member Swarner SECONDED the motion. VOTE O.: POUTPO::"E s.ENT: *Student Representative Johnson: E-2. Ordsnanoe No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. (Clerk's Note: At the July I b, 2008 council meeting, a motion to approve Ordinance No. 2327-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active.) MOTION: 32 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 5 Council Member Eldridge MOVED for adoption of Ordinance No. 2327-2008 and Council Member Molloy 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 Johnson: Absent Ross Yes Mollo Yes Bo ale Absent Porter Yes ~ Swarner Yes Smalley Yes ~ J/Idridge ~ Yes ~ ! I I MOTION PASSED UNANIMOTSSLY. E-3. Ordia~aseee No. 2328-2m08 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivrision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-l, Gusty Subdivision No. 7 From Conservation to Light Industrial. (Clerk's Note: At the Juty 16, 2008 council meeting, a motion to approve Ordinance Nn. 2328-2008 was made and the ordinance subsequently postponed to August 6, 2008. The motion to approve is active.) MOTION: Council Member EIdridge MOVED for adoption of Ordinance No. 23.28-2008 and 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. Council Member Molloy noted he received a request from Councilor Boyle to request postponement of action on the ordinance to the August 20 meeting MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2328-2008 to the August 20, 2008 meeting. Council Member Ross SECONDED the motion. VOTE: xStudent Representative Johnson: Absent 33 KENAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 6 _-- - ~ Ross Yes Molloy Yes Boyle Absent ~ Porter Yes Swarner Yes ~ Smallev Yes Eldridge Yes ~ ~ MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in tha Visitors Center Heating System Capital Pro}ect Fund to Replace the Visitors Center Heating System. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2332-2008 and Council ivlernber 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: *Student Representative Johnson: Absent E-5. Orclinanee N®. 2333-2008 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2333-2008 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE; *Student Representative Johnson: Absent 34 MOTION PASSED UNANIMOUSLY. KEATAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 7 Ross Yes MoI1o Yes Boyle I Absent Porter Yes Swarner Yes Smalle j Yes Eldrid e Yes __ ~ MOTION Z$ASSED UNANIMOUSLY. E-6. Ordinance No. 2334-2008 -- Enacting a New Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Development of an Addition to the Existing Cemetery, Its Integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No.2 334-2008 and Council Member Molloy SECONDED the motion. The floor was opened far public hearing. There being no one wishing to be heard, the public hearing was closed. Council comments included whether the committee would be a subcommittee of the Parks 8s Recreation Commission, to whom the subcommittee would report, and would the subcommittee be listed on the agenda . ~fiilviv Tv Ai'risiv'D:- Council Member Rass MOVED to amend Ordinance No. 2334-2008 at 24.30.010(a), adding "as a subcommittee of the Parks 8s Recreation Commission" to read, "There is estahlished a Kenai Municipal Cemetery Advisory Committee, as a subcommittee of the Parks & Recreation Commission, consisting of five members." Council Member Molloy SECONDED the motion. VOTE ON AMENDMEN'Fc *Student Representative Johnson: Absent 35 MOTION PASSED UNANIMOUSLY. KENAI CITY CGUNCIL MEETING AUGUST 6, 2008 PAGE 8 E-7. Resolution No. 2008-45 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Elgin Sweeper. MOTION: Council Member Smalley MOVED for approval of Resolution Na. 2008-45 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-8. Resolution No. 2008-46 -- Awarding a Contract to Yukon Equipment, Inc. for an Elgin Crosswind J Sweeper for the fiotal Amount of $194,616 F.O.B. Kenai. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2008-46 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the m noon.. 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-9. Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." E-9a. Substitute Resolution No. 2008-47 -- Directing the Continuation of the Project Entitled "Ames Road South LID Special Assessment District" and Designating What Improvements are to be Included in This Project. E-Sb. Substitute Resolution No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." MOTION:' 36 KENAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 9 Council Member Swarner MOVED for approval of Resolution No. 2008-47, Substitute B (E-9b added to the agenda at the beginning of the meeting) and Council Member Eldridge SECONDED the motian. The floor was opened for public hearing, fihere being no one wishing to be heard, the public hearing was closed. Acting City Manager Graves reported he spoke with some of the property owners in the proposed assessment district and they requested the resolution be postponed in order for them to speak with City Manager Koch with regard to changes proposed in the resolution. Graves requested the resolution be postponed to the first meeting in September (September 3, 2008). MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Resolution No. 2008-47 to the first meeting in September. Council Member Smalley SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Johnson: Absent E-I0. Resolution No. 2008-48 -- Establishing a Policy Regazding Donation of Money, Services or Equipment of $5,000 or More in a Fiscal Year to a Non-Profit [501(Cj(3) Organization Requirixig that the Non-Profit Provide to the City Its Most Recent IRS 990 Tax Form and an Audit or Financial Statement That is Acceptable to the City for Review Prior to Disbursement of a Donation of Funds, Services or Equipment. MOT%ON: Council Member Sa~arrxer MOVED for adoption of Resolution No. 2008-48 and Council Member Smalley SECONDED the motion. The floor u~as opened far public hearing. There being no one wishing to be heard, the pubfic hearing was closed. Council discussion included intent to provide financial information but not as a hardship; the tax form, audit, or financial statement is 37 MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 10 required for organizations applying for United Way funding; and, whether a written policy of requesting fmancial information was necessary, etc. MGTIDN T® AMEND: Council Member Ross MLIVED to amend the fourth line of the title of Resolution No. 2008-48 by removing "its most recent" and replace it with "an." Council Member Smalley SECONDED the motion. VOTE ON MOTEON TO AMEND: *Student Representative Johnson: Absent Ross Yes Mo11o ,Yea Bov1e Absent i Porter No Swarner 'Yes Smalley i Yes Eldridge ~ Yes ~ ~__ __ MOTION PASSED. VOTE ON MOTION AS AMENDED: *Student Representative Johnson: Absent E-11. Resolution. No. 200-49 -- Supporting the Execution of the 2010 Census and Encouraging Total Community Participation. MOTION: Council Member Eldridge MOE7ED for approval of Resolution No. 2008-49. Council Member Smalley SECONDED the motion and requested UNANffMOUS CONSENT, 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. Chuck McGee, U.S. Census Bureau -- Commented on the importance of responding to the census form and requested commitment from the council to encourage the community to return the census forms, reported Alaska would be kicking off the 38 MOTYON PASSED UNAN%MOUSLY. KENAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 11 census in January, 2010, the Census office would be in Anchorage, and appro~-imately 5,000 hires would be made statewide to conduct the census. Council requested the census information be included on the city's webpage. VOTE: There were no objections. SO ORDERED. E-I2. Resolution No. 2008-50 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Council Member Eldridge MOVED far approval of Resolution No. 2008-50 including the new list and requested UNANYMOUS CONSENfi. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one cashing to be heard, the public hearing was closed. Council discussion included a suggestion consideration be made to give the useable bicycles to children in the community. VOTE: There were no obiectioris. SO E,I<;,ERED_ E-I3. Resolution No. 200$-5I -- Supporting a Feasibility Study and Needs Assessment in Consideration of a Domed All Sports Facility in the Central Kenai Peninsula Area. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2008-51 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. Porter reported the group would be seeking funding to do a feasibility study and would be requesfing resolutions of support for funding in the near future, the Economic Development District would be preparing the application, and the goal was to form a borough service area for ongoing funding. VOTE: Student Representative Johnson: Absent 39 KENAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 12 E-l4. Resolution No. 2008-52 -- Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled "New Water Transmission Mains (Phase Ii), Wellhouse, Wells, and Related Improvements" as the Number One Lacal State Funding Priority far Fiscal Year 2010. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2008-52 and requested UNANIMOUS CONSENT. 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: There were no objections. SO ORDERED. ITEM F: F-l. agenda. F-2. ITEM G: ITEM H: H-1. MOTION: MINUTES Regular Meeting of July 2, 2008 (corrected) -- Approved by consent Regular Meeting of July IFs, 2008 -- Approved by consent agenda. UNFINLSHED BUSINESS -- None. NEW BUSINESS Bills to Ise Ratified Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: 40 MOTION PASSED UILTANIM®USIpI'. KENAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 13 There were no objections. SO ORI3ERED. H-2. Approval of Purchase Orders Exceeding ;15,0©0 MOTION. Council Member Smalley MOVED for approval of the purchase orders exceeding $15,000, including the purchase order to Digital Ally. Council Member Eldridge SECONDED the motion and requested UNANIfl20US CONSENT. VOTE: There were na objections. 50 ORDERED. Ii-3. Ordinanoe No. 2335-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Training. Introduced by approval of consent agenda. H-4. Ordinance No. 2336-2008 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Airport Fund and by $200,000 in the Runway Improvement Capital Project Fund for Capital Improvements. inirGuUCed. by apprav3 Gf CGn~ent ;a gen lia, H-5. Ordinance No. 2337-2008 -- Increasing Estimated Revenues and Appropriations by 500,000 in a Drift Baat Pu11 Out Capital Project Fund and Deere asing Estimated Revenues and Appropriations by $500,000 in the Street and Sewer Capital Praject Fund for Public Improvements. ~~ Introduced by approval of consent agenda. H-b. Epproval -- Vacation of Klamath Avenue, a 60-Foot Right-of-Way Along the South Boundary of Lot i, Block 1, Dedicated by Buffalo Run Subdivision Phase 1 (Plat KN 98-6), and Any Associated Utility Easements, Within Section 35, Township 6 North, Range 11 West, Seward Meridian, Alaska; the City of Kenai and Within the Kenai Peninsula Borough; KPB File 2008-157. It was noted, without action, the vacation would be approved. No action was taken. ITEM If COMMISSION/COMMITTEE REPORT5 41 KENAI CITY COUNCIL MEETING AUGUST 6, 2008 PAGE 14 I-1. Council on Aging -- Council Member Eldridge noted the August meeting was cancelled. Porter noted the inclusion of a letter of resignatian from Member Banner and an application for appointment from Lois Nelson. Nelson was appointed to the Council an Aging with no objection from council. I-2. Airport Commission -- Council Member Mollay reported the next meeting would be held on August 14, 2008. I-3. Harbor Commission -- Parks & Recreation Dixectar Frates reported the next meeting was scheduled for Monday, August 11, 2008. I-4. Library Commission -- Council Member Smalley reviewed discussions and actions taken at the August 5, 2008 meeting. I-5. Parks &a Recreation Commission. -- Council Member Eldridge noted the July 24, 2008 special meeting summary was included in the packet and recriewed actions and discussions taken. Porter noted the resignation of Commissioner Foglia was included in the packet and the application of Fena Kiefer for consideration. Kiefer was appointed to the Commission with na objections from council. I-6. Plannittg & Zoning Commission -- Council Member Malloy there was no quorum available for the July 23, 2008 meeting. It was noted Molloy would attend the August 13, 2008 meeting for Council Member Ross. I-7. MiSLeiianeCs"1i~ C®missians an~ =--o?a+**++4tr+oe I-7a. Beautification Committee -- Council Member Swarner reported a special meeting would be held on Tuesday, August 12, 2008. I-?b. Alaska Municipal League Report -- Council member SmaIIey reported he would be attending the AML summer meeting from August 26-29 in Wrangell, AK. He noted the group would be discussing energy survey data and evaluate the executive director during the meeting. I-7c. Mini-Grant Steering Committee -- No report. TTEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She attended the ribbon cutting for the new restaurant, "The Funky Moankey." • She attended the grand opening of the Beacon Occupational Health & Safety Services, Inc./Alaska Fire Training Center. • She, with members of city administration, met with Congressman Young and discussed arsenic levels and hardships caused to small communities in adhering to the allowable levels, as well as the city's bluff erosion project. 42 ' KENAI CTTY COUNCIL MEETING AUGUST 6, 2008 PAGE 15 She attended the Alaska Oil ?~ Gas reception prior to the meeting. ITEM K: AL?MINISTRATION REPORTS K-I. City Manager -- Acting City Manager Graves reported the following: • The court system fried a lease application for development of a parking lot. The application should be before council for consideration on August 20, 2008. • Keeps in daily contact with City Manager Koch. • Complimented the departments for their cooperafion during the city manager's absence. K-2. Attorney -- No report. K-3. City Clerk -- Clerk Freas noted the petition packets were available in her office through August 15, 2008 and to date, two petitions were returned and found to be sufficient, i.e. those of Mike Boyle and Linda Swarner. ITEM L: D%SCUSSION L-I. Citizens (fine minutes} Joe Nscks, KSRM Radio -- Introduced Rachel Coley who would be attending City of Kenai council meetings in the future. Bow Peters; ulu Town, Kenai -- Commended Lhe Kenai Police Department in trying to enforce the no-trespassing ordinance and how well t'Ze dip net fishery was handled. Council Member Ross noted the draft Department of Peace resolution included in the packet. Council Member Eldridge reported he would bring it forward sometime in September. L-2. Council MaIIcy -- No report. Ross -- Suggested the city logo and legislative (deletion/addition} instructions be included on resolutions and ordinances. There were no objections or comments from council. Graves stated he and Clerk Freas would discuss and prepare the documents. Eldridge -- . Requested a verbatim be prepared of the Unscheduled Public Comments for City Manager Koch. 43 KENAI CITY CGUNCIL MEETING AUGUST 6, 2008 PAGE 16 • Suggested the senior vans may not have been included in the energy data survey information. Graves reported he would discuss it with the Finance Director. Smalley -- • Appreciated the service to the city of Jack La Shot and Chuck Kapp. • Reminded all of the LeeShore Women's Shelter Women's Run to be held on Saturday, August 9, 2008. • Noted the new children's moose library card. • Welcomed Ms. Coley to council meetings. Swarner -- • tA7elcomed Ms. Coley. • Noted a Jaime Michaels concert would be held on August 21 to benefit the Food Bank. ITEM M: PENDING LEGISLATYON {This item lists legislafion which will be addressed at a later date as noted.) -- None Scheduled ITEM N: ADJOURNMENT There being'no further business before the Council, the meeting adjourned at approximately 9:30 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 cotes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shalt be recorded in the minutes. Student representatives may not move or second items during a council meeting. 44 0 m a o ® n. Q cr t? C J U ~ U U ~ ~4 W N O y ~ °cv off . Z x ~ ~ ~ g ~ ~ u a t u x ° at o 0 o 'b' O r ~~ w z > W O w ~ ~ a ~ ~ ~ z om U n , > ru~~ 45 2 0 0 °o 0 ~ O O M M ~ O 4 e¢ U{ a M tl~ eh N W U W w ~ a_ a ~ ~ ~ ..i z a w ~ ~ U ~ F _ ~ ~ ~ ~ ~ w z ~ ~ ~ Z ~ ~ d o a cn t- v u i r a- ~ z 0 LL R Q ~ F ,r LLI w ~ a Q a r~ cs ~ °~ w Z U ~ 4 Q _ ® o ~ ~ Qa ~ c cr o N a U © W z ja a O OS d ~ O m d' K uJ t/? d a ~ U > ~ U W ~ Q Idi Z ~ o LL d ~ Ik CB ~ ~ ~ ~ C1 ~ ~ e1i ~ ~ '~ ~ fL' ~ Z ~ ~ ° ~ ca ~ w 0. V ~ d 4 K > h 46 g N Q o ® ~ 8. ~ ~_ ry P g.., {"" Q ~ O O m 4 ~ tf1 V Q 9 cCi M U' z ~w ~ ~~ rz ~ zW ~ w ° ~ ~a ~ ~ ~ ~- y. a z ~ o a ~~ s a e e~ ~~ ~ O ~ O j ¢ d aj ~ od N ik O U CS ~k O U Z N OS J W F U ui ~r `~ a` Suggested by: Administration ~_ , thA"h'°f CITY OF KENAI KEKkI~~kE~pSKk ORDNANCE NO. 2338-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE DOCK IMPROVEMENT CAPITAL PROJECT FUND FOR CULVERT REPLACEMENT. WHEREAS, the City of Kenai was awarded a $25,OOG grant from the United States Department of Interior, Fish and Wildlife Service, to install a properly sized culvert that allows for unrestricted upstream and downstream movement of adult and juvenile salmon on Boat Launch Road; and, WHEREAS, the City of Kenai has previously received other grant funds for replacement of the culvert and paving in the dock area; and, WHEREAS, acceptance of this grant will allow for additional paving in the dock area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Dock Improvement Capital Proiect Fund Increase Estimated Revenues: Federal Grant $25,000 Increase Appropriations: Construction $2s,aoo PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of September, 2008 PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~~_ Introduced: August 20, 2008 Adopted: September 3, 2008 Effective: September 3, 2008 47 ~~ ~~ J/.~~ \\ the cityuf J/ Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2339-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED LAND, IDENTIFIED AS TRACT A-1, BIRCH FIELDS SUBDIVISION, KENAI WELL ADDITION, ACCORDING TO PLAT NO. 2008-30 ON FILE IN THE KENAI RECORDING DISTRICT, THIRD RECORDING DISTRICT, STATE OF ALASKA, (KPB PARCEL NO. 041-030-5 l), IS DEDICATED FOR A WELL SITE AND OTHER PUBLIC FACILITIES. WHEREAS, Kenai Municipal Code 22.OS.110 provides for the dedication of lands for a public purpose if so determined by the City Council by ordinance; and, WHEREAS, Resolution No. 2008-26 authorized the purchase of the properly described above for a weII (Well House No. 31 and other public facilities; ard, WHEREAS, the Kenai Peninsula Borough issued and recorded a deed on July 16, 2008 to the City of Kenai which is recorded at 2008-007494-0 in the Kenai Recorder's Office. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-awned, identified as Tract A-1, Birch Fields Subdivision, Kenai Well Addition, according To Plat No. 2008-30 on file in the Kenai Recording District, Third Recording Distxict, State Of Alaska, (KPB Parcel No. 041-030-51), is reserved for a well site and other public facilities. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this third day of September, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk (8 / 11 / 08)kh Introduced: August 20, 2008 Adopted: September 3, 2008 Effective: October 3, 2008 New Text Underlined; [DELETED TE7~T BRACKETED) 40 > ''" Suggested by: Planning and Zoning Commission L _, tkr. "'~°f_ _ CITY OF KENAI ORDINANCE NO. 2340-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.200(a) (ACCESSORY STRUCTURES) TO ALLOW ACCESSORY STRUCTURES NO LARGER THAN TWO HUNDRED (200) SQUARE FEET IN THE REAR SETBACK AI~TD TO DEFINE ONE (1) STORY HEIGHT. WHEREAS, KMC 14.20.200(a){2) now allows far 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, existing setbacks for sheds above one hundred twenty (120) square feet cause a significant loss of usable yard space; and, WHEREAS, increasing the size of such accessory structures allowed in the rear setback would allow for more inside storage without the added expense of another out building, thus reducing outside storage in yards; and, WHEREAS, allowing larger single storage buildings would decrease the need for additional buildings in yards; and, WHEREAS, defining single-story height would ensure that allowing structures in the rear setback do not adversely affect the adjacent properties; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 14,20.200(a) to alto<.v aacessory s+suctures no larger than two hundred (200) square feet to be placed up to five feet (5') from the rear lot line and to define single-story height as a maximum of twelve feet (12'j high as measured from the ground to the top of the roof. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.200 is amended as follows: KMC 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 ar detached garage or carport shall be ten feet (10'); (2) Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty (120) square feet, and not more than one { 1) story in height may extend into either side yard or rear yazd, but such structure shall not be closer than three feet {3j to an adjoining lot; New Text Underlined; {DELETED TEXT BRACKETED] 49 Ordinance No. 2340-2008 Page 2 of 2 than five feet (5') to the rear lot line; [3] j4j 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 v1y lot line; [4j j5] Unenclosed outside stairways, fire escapes, porches, or landing places as well as conzices, 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; [5j ll A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a) (2) and KMC 14.20.200 (a) (3), setbacks, per development tables, must be maintained if structure requires a building permit. j7) For purposes of this section one {1) story in heieht is a maa-imam of twelve feet (12') high as measured from the around to the highest point of the subiect structure roof. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk .., Introduced: August 20, 2008 ~"`"`x Adopted: September 3, 2008 Effective: October 3, 2008 New Text Underlined; (IIELETED TEXT BRACI~TEDj 50 ;~~~\ - ~~~,~ - °` /, Suggested by: Administration CITY OF KENAI-. PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ08-39 SUBST'IT'UTE A A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.20.200 {a) (ACCESSORY STRUCTURES) BE AMENDED TO ALLOW ACCESSORY STRUCTURES NO LARGER THAN TWO HUNDRED (200} SQUARE FEET IN THE REAR SETBACK AND TO DEFINE ONE (1) STORY HEIGHT. 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, existing setbacks for sheds above one hundred twenty {i20) square feet cause a significant loss of usable yard space; and WHEREAS, increasing the size of such accessory structures allowed in the rear setback would allow for more inside storage without the added expense of another out building, thus reducing outside storage in yards; and WHEREAS, allowing larger single storage buildings would decrease the need for additional buildings in yards; and T~'I IEREAS, defzning single story height would. insure allowing structures ir. ±he rear setback do not adversely affect the adjacent properties; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 14.20.200(a) to allow accessory structures no larger than two hundred (200) square feet to be placed up to five feet {5') from the rear lot line and to define single-story height as a maximum of 12 feet (12') high as measured from the ground to the top of the roof. NOW, THEREFORE, TkIE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUlv'CIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14 0.200 as follows: 51 P208-39 Substitute A KMC 14.20.200 Accessory structures. Page 2 (a) Yard Requirements for Accessory Structures. Where yards are required, accessary 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 setbaclt for an unoccupied attached or detached garage or carport shall be ten feet (20'}; (2} Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty (120) square feet, 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'} to an adjoining lot; (3) Covered but unenclosed nassenger landings or staraee sheds oFnot more than two hundred (2001 square feet., and net more Phan one (l}story in height may extend into the rear yard, but such structure shall not be closer than five feet (5'1 to the rear lot line- [3] {4} Unenclosed outside stairways, fire escapes, porches, or handing 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; [47 ~ Unenclosed outside stairways, fire escapes, porches, or handing 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 (16`} of any lot line; [5] ~} A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (1/3} of the total area of such rear yard shall be so occupied. Except as provided in KMC 24.20.200(a) (2} and KMC 24.20 209 (a) (3), setbacks, per development tables, must be maintained if structure requires a building permit. (7) For purnoses of this section one (11 story in height is a maximum of 12 feet (12') high as measured from the gromid to the highest point of the subject structure roof PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this lath day of August 200$. New text underlined [DELETED TEXT BRACKETED AND ALL CAPS? 52 '^~i` Suggested by: Administration _Pl a `~ grPp qq q>~ pp G8 8 S ®C [-L` NL91 thc~ayof KENA~RSK~ ORDINANCE NO. 2341-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $ 198,000 IN THE AIRPORT FUND AND IN THE RUNWAY IMPROVEMENT CAPITAL PROJECT FUND FOR THE DESIGN OF THE AIRPORT APRON PAVEMENT REHABILITATION. WHEREAS, the Airport is requesting to commence engineering azzd design of the Kenai Municipal .Airport Apron Pavement Rehabilitation Project; and, WHEREAS, the FAA requires the City to complete the design and bid process prior to completing the grant application; and, WHEREAS, the administration has received confirmation that these services will be eligible for 95% FAA and 2.5% State of Alaska reimbursement upon completion of the grant application and awarding pf the grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; that estimated revenues and appropriations be increased as follows: Airoort Fund Increase Estimated Revenues: Appropriation of Fund Balance $198,000 Increase Appropriations Transfer to Capital Projects Fund $198,000 Runwav Tmprovernent Capital Proiect Fund Increase Estimated Revenues: Transfer from Airport Fund $198,000 Increase Appropriafions Engineering $198,000 PASSED BY THE COUNGIL OF THE CITY OF KENAI, ALASKA, this third day of September, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: °7 ~. Introduced: August 20, 2008 Adopted: September 3, 2008 Effective: September 3, 2008 New Text Underlined; ~-ELETED TEXT BRACI~'TEU] 53 365K WBLLGW ST. &l1riE~ KB~AI:AKA X91 TE3~PHOr~ X7,2837381 Pl8% 367-2833739 To: Gary Graves -Acting City Manager From: Mary Bondurant - Airport Manager Date: August 12, 2008 Subject: E2egirestfearAppropreafionofFuraars The Airport is requesting appropriation of $198,000 for the design of the Kenai Municipal Airport Apron Pavement Rehabilitation, Reconstnaction, and Expansion Project. Attached is Wince-Corthell-Bryson's proposal and supporting doaumentation for review. The FAA requires that the City complete the design and bid process prior to filing the grant applicafian. This process requires the airport to fund the design and bid work from aalrpai d funds and then recover nta:sie_ ^rsC^ the gr nt is racetur~.^!, ,L~,4ta~hari ;g an small from the FAA agreeing that the project is AIP eligible and the FAA will reimburse 95% of the cast back to the airport when grant funds become available. Cc: Terry Eubank- Finance Direr~or Attachments www.ci.kenai.ak.us. 54 Municiisai Rirport rui~INCE - C~RTHELL - BRYS®1!T Consulting Engineers Box 1041 Renal, Alaslaa 99611 Phone 907-283-4672 Fax 907-283-4676 Email: emadden@wcbalaska.cam August 12, 200 City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Attention: Mary fiondurant, Airport Manager Subject: Kenai Municipal Airport Apron Pavement Rehabilitation, Reconstruction, and Expansion Design Proposal As requested, I am providing the following proposed Project Description, Scope of Work, Schedule, and Cast Schedule for your review and submittal to the Kenai City Council requesting funding for design of the subject project. Protect Backuronnd: Discussions with FAA indicate that funding levels for the Kenai Municipal Airport can be expected to level off at about 3.5 million dollars per year over the next few years. Adding 5% for State and City matching funds, the total would be about 3.67 million dollars per year. The attached three year AiP program. and recently submitted CiP data sheet show how upcoming projects are phased to ftt within available fmiding over the neat three years. FAA has recommended that projects be designed as a whole with the flexibility in the documents to "phase" as funds become available. Order of magnitude estimates indicate that rehabilitating and reconstruction of the existing apron pavement followed by expanding the existing apron will cost about 6 million. Development of the North Willow Street Lease Lots with taxiways and aprons and extension of Willow Street is estimated to cost in excess of 8 million. Several million dollars in improvements are also planned over in the Float Plane Basin Area after zoning issues are worked out so an Environmental Assessment can be prepared. Due to the magnitude of the apron reconstruction and expansion projects, we are recommending the existing apron and its expansion be designed as a whole with enough preliminary engineering into the North Willow Street lease lot development area to plan for its integration into the apron system as demand dictates. Contract Documents will be structured to bid andlor add phases as funds become available. Philip W. Bryson PE Mark E. Blanffing PE Alan N. Corthetl PE Frank W. Wince PE {Ret) E. (:asey Maddcn PE 55 Scone of Proiect• Civil Work: Phase One is intended to rehabilitate/reconstruct the existing paved apron. The middle portion of the existing apron between the generator building and Everts fueling operation is full strength pavement and milling fora 2 - 3 inch overlay is anticipated. The apron south and north of this area has been found under the Airport's rated strength and will require full depth reclaiming of the asphalt and compaction of the reclaimed asphalt and base with a two layer pavement system. The Phase Two expansion will be designed and shown as "Phase Two-Not-in-Contract". It is anticipated to include excavation, fill, base, paving, surface grading, and underground storm drain systems. Electrical Work: Phase One electrical will include apron flood lighting along the east side, and replacement of old airfield lighting conduit and circuit lines across the apron along with spares for Phase Two Electrical. A Iighted heliport medivac area will be established with this Phase also. P.'rase Two Electrical, also shown but labeled as "Not in Cantrac2", will include apron taxilane edge lighting, signs, with spares for extensions north into future phases of lease lot development. Old HEA power into the FAA middle wind sock and anonometer will need to be relocated with this phase. Anron 11Rarking: Security area markings, taxilanes, vehicle lanes, and other existing marking will be applied. Work Tasks• The design will be eompieied with the methodology a,rd approach described in our Term Contract Proposal, dated April 24, 2008, and is generally summarized as follows: Base 1Llappinx: Field ground surveying between the east apron edge and the parallel taxiway drainage system will be completed from Granite Point fence line to the end of the existing paved apron. This survey will be done at the accuracy required for pavement to pavement and building matching, as well as for calculating earthwork quantities. This area is shown on the attached site map as Phase One and Two. Surveying further to the north will be completed at the accuracy necessary for preliminary design of drainage patterns and earthwork quantities. Field geotechnical work will include cored test plugs of existing asphalts, and base rock on the existing apron, with deeper test holes across the apron expansion area. Samples will be tested for A.C. content, gradation, and density. The final product of this work will provide a base map from which design sheets will be generated, and the geotechnical information to guide rehabilitation/reconstructionareas an the apron. Philip w. Rryson PE Alan N. Corthell PE Erank W, wince PE (RetJ Mark E. Blanning PE E. Casey Madden PE 56 Plan Sheets: Anticipated Plan Sheets are as follows: Title Index, Vicinity, Location Airfield Construction Safety Plan Four Civil plan Sheets @ 1" = 50' Fu11 Size four Electrical Plan Sheets One Apron Markings Six Detail Sheets Design Development: Prior to beginning design work, a couple al#emative schematics will be prepared to illustrate width of apron expansion, drainage, snow storage, aircraft movement, and parking areas and vehicle lanes as well as electrical reconstruction and new construction. A design team meeting with Airport management and City administration staff will be held to select the desired apron configuration and discuss apron lighting, operations, and maintenance issues. Preliminary Plans & Design Study Report: Based on the direction given from the Design Development Phase A, Design Study Report at about 75% stage of the design stage, with an Engineer's Estimate, will be submitted. At this review the Project Scope may be reduced or increased to fit funding levels. N'tnat Ylns,, 9pecdtieattons, and an 8ngineer's Estimate: Based on direction from the review of the Preliminary Plans and Design Study Report, Final Documents will be submitted for final review, adjustment, and prepared for the Bid Process. Bid Process: Historically, Airport projects have required 40 to 50 plan sets for distribution and construction. WC$ will provide the Bid Documents, be available for questions, attend the Pre-bid Conference, and issue rec;uized Addendums. Following the Bid Opening WCB will ar±aly?e the bids and prepare a "Recommendation of Award". Permitting: This project was included an the January 2006 Environmental Assessment and Finding of No Significant Impact (FONSI) so can proceed without additional permitting if initiated as a project prior to January 2009. The Contractar will be required to submi± a SWPPP and NOI for the project. Schedule: Assuming City funding for this design project is available and a "Notice-to- Proceed" is issued by September 10, 2008, WCB anticipates the following schedule can be rnet: 9/]0/08 - 9/24108 Field Work & Base Map 9/24!08 - 10/08/08 Design Development 10/8/08 - 11/26/08 Preliminary Design (75%) 1.1/26/08 - 12/24/08 Final Design (99%) 1/5109 - 1112109 Bid Documents 1!14/09 - 2!12/09 Advertise 2/12109 Bid Opening Philip w. Bryson PE Atan N. CorthalP PE Fraak W. Wince PE (Bet.} Msrk E. Blanning PE E. Cesey Madden PE 57 COST ESTIMATE The following Cost Estimate is a Lump Sum Fixed Fee Proposal based on the above described Scope of Work and Schedule: Field Work 6z Base Map: Civil Engineering (WCB) $10,000.00 Surveying (Whitford Surveying) $12,000.00 + 5% 12,600A0 Materials Tech/Equip (MeLanes) 2,500.00 Materials Testing (MeLanes) 3,850.00 Supplies 250.00 Field Work & Base Map Subtotal $29,200A0 Design Development: Civil Engineering (WCB) $14,000.00 Electrical Engineering (MBA) $16,500.00 + 5% 17,325.00 Supplies 250.00 Design Development Subtotal $31,575.00 Preliminary Design & Estimates: Civil Engineering (WCB) $70,000.00 Electrical Engineering (MBA) $17,000.00 + S% 17,850.00 Supplies 250.00 Preliminary Design & Estimates Subtotal $88,100.00 Final Design, Specifications, & Estimate: Civil Engineering (WCB) $25,000.00 Electrical Engineering {MBA) $14,700.00 + 5°/n 15.435.00 Final Design, Speeifcations, & Estimate Subtotal $4Q435.00 Bid Phase: Bid Documents (SO Sets) $2,500.00 Advertising 1,000.00 Bid Period Services 4,500.00 Bid Phase Subtotal $8,000.00 Total Alt Phases $197,3Id.00 I you have any ques5ons regarding this proposal or its attachments, please do not hesitate to contact me. Sine e1y, Casey adders; P.E. Wince-Corthell-Bryson Attachments: Site Plan, AIP 3 Year Program, CIP Data Sheet Philip W. Bryson PE Alan M. Cor[6ei1 PE Frank W. Wince PE (ReL} Mark E. Blann6g PE E. Casey Madden PE 58 X 3475 N. NaLl.OYYST. 3tDtiE 2(q FffJdN, AI.ASKR 995'!9 dl"arport 9iI7,283'nl54 PkK 907,2833737 Proposed AIP Program for ENA 2009 - 2011 fear Project Fntitletnent Diseretionary CityfState Airport Total Funds Funds Funds 5% Fund 2009 Apron Expansion & Rehabilitation Design $190,000.00 $10,000.00 $200.000.00 2009 Truck Plow.4tachn7ent &ARFFTruck $1,007,000.00 $53,000.00 I $1,060,000.00 2009 Float Flare Basin Lease Area Develo ment E.A. $142,500.00 $7,500.00 $150,000.00 ~ ~ Phase I Apron 2009 Rehab/Reconstruct50% Existing Apran Widen $g97,50Q00 $1,43Q,000.00 $122,500.00 $2.450,000.00 North 500' 2010 Phase I Float Plane Basin Design g 190,000.00 $10,000.00 $200.000.00 Phase II Apron Complete 2010 Rehab/Reconstruotion $910,000.00 $2,415,000.OD $175,000.00 $3,50Q,000.00 ~ ~ Existing Apron ~ I I Phase I Float Plane Basin Wate:• Side Lease Lots, R/W IR-19LRelocation, 2011 w/Taxiways,Access, $I,lOQ000.00 $1,700,000AO $200;000.00 $I,000,OOO.GO $4,000,000.00 Fencing, Electric, , Z"elephone, & Gas ~ Utilities Combo SRE 2011 Plow/Sander $821,750.00 $43,250.00 $865,000.00 Blower/Broom Truck ~ TOTAL $3,430,000.00 $7,373;750.00 $621,250.00 $1,000;000.00 $12,425,000.00 www.ci.kenai.ak.u~ GIP DATA SHEET ~ ~~ /~ Airport Name: Kenai Municipal Airport (ENA) Fiscal Year: 2009 Project Title: 20U9 Airport Improvements Revision No: AIP Project No: APEB Score: CIP V+Iork Cade - --- Purpose Com onent T pe Item Description Federat Share Apron Rehab/Reconstruction Design $ 990,000 ARFF Truck $ 950,000 Phase One A ron Rehab/Reconstruction Pro'ect $ 2,327,500 SRE Truck Plow Attachment $ 57,000 Float Plane Basin Lease Lot Development E.A. $ 942,500 Total Federal Share: $ 3,667,000 EnvironmentaC Status: Apron Construction approved in the 2006 FONSI. General Aviation is Rehab of Existing wifhout impacts. Float Plane Basin EA will follow Cit Chan e in Zonin Process Land Title & Exhibit "A" Status: Exhibit A is current and City holds Title to all affected property Atr ort La auY Plan Status: Approved Airport Layout Plan on file and a Update is underway and due by end of September 2008 Status of Le islative or Bud et Authorit Funds far matching grants available in Airport Trust Fund O en Pro'ects: Provide Federal Grant Number and Scheduled Close-Out Date AIP 3-02-0942-035-2006 Completion by September 30 and Closeout by November 30, 2008 3-02-0142-038-2008 Completed by September 30 and Closeout by November 30,2008 Project Description: Phased Rehab, Reconstruction, and widening of Existing Apron involving milling ,overlay and AC RAP Base work and repaving, together with lighting , signage and marking. Phased development of the Floai Plane Basin area Lease Lots and relocation of the Gravel Runway to the ta~esf side I Purchasing new SRE and ARFF Equipment to replace aging eoi iinment Project Justification: The Apron Asphalt is deteriorating, in some area rapidly, the North Apron in addition is below rated strength, and the North and South Apron Areas experience excessive congestion during summer tourism and fire fighting seasons. Lease Lot Development along the Water Basin and relocation of the Gravel/Ski Strip to the west side has been requested by the aviation community which will require a E.A and design prior to construction in 2011. The Airport SRE Fleet is aging and in need of replacement. Certification To the best of my knowledge and belief, al! information shown in this CIP Data Sheet is true and correct and has been duly authorized by the sponsor. Ma L. Bondurant Mary L. Bondurant Representative Name (Print or Type) Contact Name (Print or Type) 907.283-7902 Signature of Authorized Representative Date: Contact Phone (Print or Type) AEr ort Mana er Airport Mana er Title of Authorized Representative Contact Title (Print or Type) Effective 1/2002 Printed 8/1/2008 60 Kenai Airport Pavement Condition index (PCIj Pradictod Valdes for the Year 2$$$ Npan CMe'. ENA s1e NUIM9f GOOW `A t Ie~~A.swwlanlrm u.+sa Nm rmum ptl IPt qunmY' is MebnYFi i rI1M1mK3yr a~N F9M6 ~~ W lar .. _.. niwwil t ~~~A,nv ~,y Af f "' IW~aeii i N•. .e, y`i TI>wa j j ,.. \z ~ ~E;l vM 1 mwoa Kzoo lz ~='%"vrmlwnrR Fael ~ evvufl 0 s00 i.IX10 1,600 II,000 G~ PCI Values G¢nmal Pavaman(RevvmmmMe(hns "85-t00 po NONing yr Prevertafive Mainlenanee '/0-84 Frevvnlative Mainlvnanca ~~-60-69 Cenecliva Neimvnvncv u-d9 Rehab4lfely 50 -W RehaCliiale ~~~ Z6-39 Recor>s{mcl ~ _ ~ ~~ 10-2F Remr:aWd ' 0-9 Reconsirud AbP 9vmPIbE JV1y 31102 (FBWw0APN13008} by 6MbvlCUPnemenl MOnp3pmanAAl(POT6PF u efxrt 61 62 b~ Suggested by: Administration _-. CITY t3F KENAI Ea~~~yaf NENA~ SKA ORDINANCE NO. 2342-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $65,000 IN THE AIRPORT FUND AND IN THE AIRPORT EQUIPMENT CAPITAL PROJECT FUND FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT. WHEREAS, the Airport is requesting the purchase of a new plow for an existing piece of equipment; and; WHEREAS, the purchase of the new plow will substantially increase the efficiency in snow removal and decrease the overall wear and tear on the plow truck itself; and, WHEREAS, while no grant funds have been currently awarded for this purchase, .the administration has received confirmation that the purchase will be eligible for 95% FA.A and 2.5% State of Alaska reimbursement cvher. the funds beccme available. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $65,000 Increase Appropriations Transfer to Capital Projects Fund $bS,000 Airnart Equipment Capital Proiect Fund Increase Estimated Revenues: Transfer from Airport F~znd $bS 000 Increase Appropriations Machinery & Equipment $bS,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of September, 2008. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clark Approved by Finance: Introduced: August 20, 2008 Adopted: September 3, 2008 Effective: September 3, 2008 Neap Text Underlined; TEXT BRACKETED) 63 34'3 N. S'C.~arrE~ t~NAi,AtASMCA 99619 Fierpor~ ~' ' FAX 84 J,283'v73T ^A^6/ To: Cary Graves - Acfing City Manag r From: Mary Bondurant-Airport Manag Date: August 12, 2008 ~ut~ject: Purchase ®f Sno~sr F!ernr~~ad Fquips~acref = Pun:~.~r; Pr€s~x The Airport is requesting appropriation of $65,000 for the purchase of new snow removal equipment - specifically a 24' articulating rollover blade attachment for the Oshkosh sand truck. The Oshkosh sand truck currently has a 14' fixed rollover plow and a 10' wing that only clears an 18" path in one direction. The new plow allows us to plow 24' in both directions, substantially increasing efficiency in snow removal. In addition, replacing 2 ~iachment5 will vne attaci iti~ei~t SlgnlflGai~tiy iig liters tiie sand truck decreasing wear and tear on frame, chassis, and suspension. Attached is an email from the FAA agreeing that the plow is AIP eligible and the FAA will reimburse 95% of the cost back to the airport when grant funds become available, Cc: Terry Eubank-Finance Director Attachment www.ci.kenai.ak.us. 64 Page 1 of'2 Mary ~ondurant From: eric.g.helms@faa.gov Sent: Tuesday, August 12, 2008 12:55 PM Ta: Mary Bondurant Cc: Casey Madden Subject: Re: Proposed AlP projects Mary, I also received the attachments. Yes, it is agreed that these are bofh are both AiP eligible and the FAA will reimburse you at 95°!° of the cost. Looking ahead at the concept schedule in the attachments; If you get the Apron Rehab phase 1 bids out in FebruarylMarch time frame, we could execute one grant for the design (your actuals} and construction (based upon 6id). It will save some overhead for both our offices. Thank You, G. Eric Helms Project Manager Alaska Region Airports Division AAL-622 907-271-5202 "Mary 9ondurant" rmbondurantQcl.kenai.ak.us> OBIt 2/2608 11:78 AM To Eric GHelms/AAL/FAA@FAA 00 'Casey Madden" <cmeddon@wcbalaska.eom> Subject Proposed AIP prn}ecs Eric - I have attached a memo from Casey Madden - WCB identifying the scope and approaoh to the Apron Rehab/Reconstruction & Expansion Project for your review and approval. The airporE also would like bid fora 24' foot articulating rollover blade to apply to an CSHKOSH sand fruck to improve snow removal efficiency. The airport plans to requesf appropriation of funds to proceed with the design process and the blade purchase. This project and purchase are both on the airports AIP list and a CIP datasheet has been submitted for FY09. Is it agreed that these projects are RIP eligible and that the airport would recover 95% once the grant is approved? Thank you. Mary L. 3oc~a'.ru~av~~ ;lirport Manager Kenai Airport ~~~~„ sn~/aoos 65 "!/ifla~e Ld>G~t a Pest, Gc e~~t GZ F~t~~e // 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3024 www.ci.kenai.ak.us ~ C}Y'al~ C~lil`~1 Date: August 14, 2008 To: Cary R. Crraves; Acting City Manager From: Kim Howard, Assistant to the City Manager ~~ K71: Lease Application -Alaska Court System, State of Alaska Lot 13, I31ock 1, Cook Inlet Industrial Air Park As outlined in KMC 21.15.060, the Pla~ming and Zoning Commission reviewed the attached lease applicafion at their meeting of August 13"' and determined the application is complete and conforms to the Comprehensive Plan and the Kenai Zoning Code. The property is adjacent to the State Courthouse on Airport land located outside of the reserve. The City will design and develop the property into a paving parking lot. The City Manager estimates the cost of the project to be approximately $230,060 and the improvements will be considered in determining the lease rate. Construction is expected to begin uz the early Pact of 2008. The Alaska State Court System is requesting a 15 - 20 year lease with an option to extend the term. The City Administration expects the airport to recover its investment in this project within ten years. KMC 21.15.060 states the Kenai City Council will consider the lease proposal after approval of the Planning and Zoning Commission. The lease application must be presented to the City within 30 days after approval by the Planning and Zoning Commission. The decision whether to lease land rests in the sole discretion of the City Council. cc: Mary $andurant, Airport Manager /kh 66 ~~ ~~\ ~--;~ - ~f ~~ ttie zlN o~ ~~ KENA~ ~SKA MEMO: "I/~'lla~e wit~r a Past, Ga°ty wit~i a Future °` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 s Telephone: 907-283-75351 FAX: 907-283-3014 (~~~l.f 1997 TO: .planning & Zoning Commission PROM; Marilyn Kebschull, Planning Administration DAVE: August 5, 2008 SUBJECT: Lease Application-Alaska Court System, State of Alaska Lot 23, Block 1, Caok Inlet Industrial Air Park The City of Kenai has receiued a lease application from the Alaska Court System for the above-referenced property. Kenai Municipal Code 22.15.060 requires the application be forwarded to the Commission for review. The Commission is required to determine if the application is complete and whether the proposed use complies with the Comprehensive Plan and the zoning code. This property is located outside of the Airport Reserve and wil! not be reviewed by the Airport CommLsion. The parcel is located on Trad'+ng Bay Road next to the Courthouse. The State of Alaska plans to use the property for a parking lot. When the Alaska Court System, designed the addition to the courthouse, the development met the current parking requirements. However, to allow for better access, the Court System requested they be allowed to delete seven spaces. By deleting those seven spaces, the site is two parking spaces short of meeting parking requirements. However, even with the seven spaces, the Court System recognized that additional parking Is needed and that is why they are pursuing the lease. The zoning code {KMC 14.20.250(b)(3} allows parking on adjoining Eot to meet the parking requirements. The City of Kenai will design and develop the property. (See Ms. Howard's memo dated July 31, 20D8.) Kenai Municipal Code 21.15.130 provides guidelines for the City to construct improvements and to include the cost of the improvements as part of the lease. The property is zoned Central Mixed Use (CMU}, Off-street parking is permitted in the CMU zone. The "2003 City of Kenai Comprehensive Plan" identifies the land use as "mixed used:' Mixed use is defined as, "The Mixed Use district fosters a compatible mix of retail, service, office, public, institutional, recreational and multi-family residential uses. The district does not prescribe specific proportions far these uses, only that all these uses are desirable within the district. Mixed uses era particularly desirable in the Townsite Historic District and City Center overlay zone." It appears that the proposed lease meets the Kenai Zoning Code and the Comprehensive Pian. 67 roactTw useoNl v Date ~/~'~ s; off" _ CITY OF KENAI signature-3~~- ~~ -~- „ 210 Fidalgo Avenue, IZenai, Alaska 996 1 1-7794 (907) 383-7535 Ext. 223 LEASE APPLICATION For Land Outside the Kenai Municipal Airport [ieserve 1. Name of Applicant ~~ ~e~~'>4--`G"~ C-'~~~ ~ C ~ 1 ~~d" k ~~~~a. C.`"~ ~; L..~'-~"'~~'.`~ 2.I3usinessNante ~" ~ ~~+; ~~`wF-~ ,,, ~~~ ~'~--~~' ~.._ 3. Business Type (circle one),d ,oil netor ari rsPii car ~ non 1 L 4 AK Bustness License No, 5. Mailing Address ~ ~ ~- ~", , { ~, -~~.°`~'-~' ~ ~ `~~~ "-i' _" _ 6. T'elephone~ ,+~ ' .~ _, °7 ~ 7, Email Address ''~ ~ ,e~~ ~~,~~~', ~;~~ ~ , 8. Kenai Peninsula Barough Sales Tax No. (if applicable) ~.1 ~~ 9. Land Requested; ~~` E If platted, give legs! description ~,..~J~ ~~ , '~ g ~~ (~~„),~~'„~ ~~~-,1 ___~~ .~. ]f n<>t platted, attach a cite plan showing the proposed dimensions and location an the Airport. i 0. Proposed Use of the Property (Be specific) ~ ~~ ~ ~ ~,-~ s .___.,-,- a ~ ,~~ .. t l .Lease Ternt Desired _ ~ ~~~~_ Years ~'~`~` ~~ ~"„+~'~€E;tE4c; -~?, ~/%'~, u _ _ 1. If you plan to construct improvements or otherwise develop the property: a. Attach a'Development Plao (soe attachod checldistj '~~;t> ~ "' ~'~ ~>~~~ fit" e,.;l~`~~ b. Describe the building type, oansh-uction materials size, etc ~"~t,~~,`~~'} ~~-~f~~,3~/" ~ ~~"~G aConstrnotionbegimtingdate~`~,~~~~~~`~~~t!- '~„~~'"1y ~ ~ ~~ ~ ~~ p~~~ .,, d. ConstnicSion completion date (maximum of two years}Ca ~~~~~ ~~' ~~~~ ~ rr~r~~I~ G~ ~S d'.~~yy '~` e. Fistimated fatal cost oi'the proposed development & improvements $ ~~~~_ {.~,' 4~ ~ ~~(~€~~~ t:~_ 14. fit you would like the City to consider any additional information relating to your proposal, please put it in writing and submit it with this application. APPL,ICANT'S S1GN Printed name: APPT.ICANT'S SIGNATURE: Printed name: T'it(e: 'title: Date: Page 1 of 3 68 KENAI MUNICIPAL AIRPdRT Lease Application for Land CJutside the Kenai Municipal Airport Reserve DEVELOPlYIENT PLAN CHECKLIST (Ail items must be included before a lease application will be accepted.) A DEVELQPMEI®TT PLAN MUST INCLUDE A DRA6~rING AND A NARRATIVE. 1. Drawings must be drawn to scale, but need not be,prepared by an/archit~/ect jor}en~gineer. Drawings mast show the r"ollowing: ~,~~ ~/a,!,~',~- ~%. ~~t%/~.?~,,. a. The layout of the lot showing the height(s), size(s) and location(s) of all ~" - Existing buildings - Proposed buildings - Existing and proposed antennas, poles, and towers b. Parking facilities (laeation and number cf spaces) c. Site improvements - Areas to be cleared and method of disposal - Proposed gravel or paved areas - Landscaping plan (retention of natural vegetation andlor proposed planting areas} d. Building set backs e. Drainage plan and snow storage areas £ Traffic circulation plan (all entrances, exits and on-site access) g. Location of sign(s) - (sign permit required before installation) h. Fencing -(permit required before installation if height exceeds 6 feet) i. Curb cuts (where applicable) 2. Narrative must explain how your proposed use and development of the property will conform with: ~.:~ a. the zoning ordinance of the City ~~ b. the comprehensive plan of the City ~~_ Page 2 of 3 69 CITY OF KENAI dos ~ nt' ~~i ~ hn ~ ~' 1 ~ F'~~' +- ~ ~~J Il-~ ~r-! _ . , h~% h - :v cJS .,: n~ . Citq Manager's Office SHEET NO ~ E aF r 1 210 Fidal A K AK 99611 ,; go ve. • enai, cacuwrEO av, ~~'G'~ / bATE OU ~ r ~ (907} 283-8222 • Fax (907) 283-3014 _-- _ ~~,pgaSKq rkoch@ci.kenai.ak.us cHECxEO ev ~ _ barE 'V SCALE 1 ~7^^ " ~Cl ~-~[ /, , N~f „~ _ I - ,% - ~ I { I -- ,r ~ ~ ~ ~ _ 4 a~ .. , .,. - ~ ~_ ' ~, ' ~ _ ~ ~ ~ .... ,~ ., t ~ 1 ,,,;. _ .._. _. I ..__ , _ .... , I ~_ _ ~ , -. :. ~ i - ~ ~. , _. . . ~ 4... I I ~ r . _}. ~ r i ~ ~ ~~ ... _ .. . 4 .n...._. ... d I .. _.. ~.. t _ r ~ t ` n~ W u11c . • n - .. ... .. i .. 1 1... ' 1 i ~ 4. I ~ ~ ~_ i r ~ ~ R q ~ ( v ~ i I , . ~.i . r i t ~ I t I ~ ~ , i` .... 1 .. i .. I ' y .. ._ ;.. ~ _...... ~ f t. { ~ ._ ' ~ _ ,. i. - I - - ~ 1.. ' ~ .. I ~ ~ i. ~. 1 I 1 i ! ~ ~ ~ 1 ~ ~ I ., r fix. - ~ ~ ~~, ... .. ~. w ~ ,.;. I .... ~ _. ~ ~i ~ ~ I .. dtr h~ ~ t , ~ , .. y , ~.. ~, _ _~e ._ . . - ._ . ~ s _ ., .,, _. I ., , i , ,.. , _ _. i } :,. ; _ I ~. I i . ,. ~ ~ _. v I ' a _.! .. i ~ ' ~ i °T^ A .. qq ---'-- 7® Estimate far Parking Lat Ganstructlon Lot 13, Cook inlet Industrial, Block 1 July 29, 2008 Unit Cost ifem pescription tJntf Quantity Cost Sub-Total Mobilization LS 1 $ 7,500.00 $ 7,500.00 Survey LS 1 $ 5,000.00 $ 5,000.00 TraffcControl LS 1 $ 1,500.00 $ 1,500.00 Unclassified Excavafion CY 2100 $ 8.00 $ 16,800.OD Classified FiA & Backfi(( Ton 3500 $ 8.00 $ 28,000.00 Crushed Aggregate Base Course Ton 500 $ 21.00 $ 10,500.00 Asphalt Cement Pavement Ton 350 $ 120.OD $ 42,000.00 Demo Curb & Gutter LF 100 $ 2.50 $ 250.00 Curb & Gutter LF 100 $ 30.00 $ 3,D00.00 Lighting System LS 1 $ 50,000.00 $ 50,000.DO Striping LS 1 $ 4,000.00 $ 4,000.00 Sidewalk SY 2p $ 45.00 $ 900.00 Sub-Total $169,450.00 Contingency @ 10% $ 16,945.00 Design @ 10% $ 18,639.50 Construction Admin. @ 12% $ 22,367.40 Total Estimate $ 227,401.90 71 frequently Asked Questions Municipalities and Public Funds, Alaska Public Offices Com... Page I of ? ~Campargtt ©isc6osure tohbying Public O€iiciaf Flnancfai Legtslat'tve Financial Sean:it APOG ~ 3 ~ ~n -~-»--~"" gE ~ ~~,' tiY t{(~~4 ~~~ Y ib~'.. j~ J t 3 r stz;o rr n?aaxa > Adr.dr,letnafior~ > a.noc ;~ r-,ar~E FREQUENTLY ASECED QUESTIONS ABOUT ~.-:. ___._ NiUNiCIPALITIES AN® PUBLIC FUNDS + Searchable Online Database E. twYay a mcanieipaPif-y use mnney to saspspoa.fr ~e opapsose a cana%ida#e? : APOC Home ~o. N;unicipalifies, sohod districts. end myionel educational attendance areas ` APOC SteTUtea & Regulations {RE'AAj, or another political subdivision of the staf6 as wall as an of'Icer or ' Rhout APOC employee of the above entities may eat use rnunicipai f?ands tc influence the r Campaign Disdosm~a outcome of the election of a candidate to slate or municipal office, r L bb i o y ng Thra state, its ayences, its corporations and the University of Alaska and its Board ~ Financial Disclosure of Regents are alsn prohibited fmm st7endiny state funds tc influence the ~ Ethics Training Home outcome of an election of e candidate ;o state or municipal offce, (A5 '15-93.74G(a)) 2. i~ay a mUnteipa9ify [654.' m6rte~+ i6 53t E?pIIf'I'. btl' DppUSe a hal&9`e preposEtinn? Vas. A municipality may use public funds to influence the outcome of an election wncerning a ballot proposition or quesiion, but only If the funds have best; speciflutally appropriated. (AS 15.99.145(b) & 2 AAC GO 356(a)) :3. Hoefir nnay a mun4cipa3ity saneaei par63ic kunsEs #8 naa mane, etas bean S,NGCkfrPCaiBY ut frFprbpr3e'£'sel'Ey Money h?e!d by a municipality may he used to; ® disseminate information abeuC the date and time and plane; oT an electicn and to hold an electicn, and to provide the public evith nonpartisan snforrr3ation abduY a ballot prrpositicn or question rr about a!! the candidates soaking e~~r<ion to a particular office. (A i 15-93.146(c)} L'rFnrmation is nsanpzri4scaa i9'' it dogs not advocate a position in an elec;fion. Nonpattisan information inchrc~s the± official language of a ballot questioq a neutral baliq{'summary, cr if provided for all randidates see::king a particular office the :;andidaYes` names, contact informaton, or statements. (2. AAC 50.356 (c)) 4. Wrlhak are E€ze rep®rt3n~ ; eepulo'emenis Ef a h9uniciysaRfkp spencks ps3s3ziie frunds7 \Nhen a munioipaiity spends funds, eithar appropdafed ar Yo produce nonpartisan information, 1,he expen?i*ures must be reported to this Convnission In the scene n ~anrrer as an individual is required fo report (A,i ~5.13.745~d); The muniaipaFty must file a °Siaternanf c. Independant Expenditures" (,GOrrn '15- 8), within 10 days of maklgg the expenditure, (A5 15.13.C4f1(d}(ep 5. Yf The murrkcipaCSYy IirnH9s its actlvitg to pvh4i5tKieRg neakices o3 4hct else#foez ar¢ there repoztiztcy recyuireczocrgt5? Na. Onl,y expengi,ures intended to iniluenoe the outcome of an oiectian (including nonpartisan materials} rrtusf he reported to the APCC. {2 AAG 5C,3bp (b)1 6. +F4!k3at Y.Vpe a€ YdeaztEFier must the car3zFm4znacstecns have? All communications intended to influence the outcome of an election must have a find http:l/www.state.alt.us/local,'"alcpages/ADMIN/apo~munifagshtml 8!I S(2008 Frequently Asked Questions Municipalities and Fubiic Funds, Alaska Fublic Offices Com.,. Fage 2 of 2 "Paid for by` ident;fier (~lotic~s o4 ^he electlan de !rot need an Identifier), The words `Paid for Gy" must. appear foliawed by the name of the municipafi4y and address. A contact pe;~crYs name is recommended (FlS 15.?3.09D) In addlCien, by 2dminis4rative regulation all cornmuniaations which are paid fvr 6y a municlpalYty antl m~hlch are related to an efecl!cn are considr_red to be Intended to influence the oakcome of an a!ection, unless they are only notices of ¢he c.Iection or are required by statute, chatter ar ordinanrs. (2 AAC G0.35G(b)). Rev, (0?iGfl) Ph efn banner ahoeo~. 6'+Alex4a pivlrcn Gf C WnroUrnly ai1r,) gr~aln Pafi L)flv@!o(dmen[ 2221 fi Northiein lJgBts Rm iZO.P.nchormgm, hieska 9?d50&ni49 Piron6: Pnclio:a(3a (9OT) 27&~41Zg . JvagMV (OpZ) Af&485k - `fnl4Pree: 1-~nQA.7E-4f iB Stara of /n;aek2 ~ V+/epmaster ~.rrk'~'~'."~ 73 http:/lwwwstate.ak.us/IocaliakpagesiAD~[IN/apoclmunifagshtml 8!1 ~I2008 j °°V °lla~e wct~i a Past, Gc wit~i a Future" ~.~;~' ~~. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -~ - Telephone: (907) 283-7535 /Fax: (907) 283-3014 _ -- www.ci.kenai.ak.us FROM: Carol L. Freas, City le k DATE: .August 20, 2008 RE: 2008 BALLOT SUMMARY (PROPOSITION A/APOC EXEMPTI011>J As you are aware, the Kenai Peninsula Borough prints an election booklet each year with the borough races as well as municipality races included. In the past, the Borough included only ballot summaries related to borough propositions/initiatives in the booklet. This year, however, they will include summaries for municipalities if so desired. Attached are two drafts: 1. .The initial s~...,..ay prepared. 2. The second draft adds a definition of "reportable income" (second paragraph) and information related to other communities who have already exempted themselves from disclosure requirements in the last paragraph. clf Enclosures CITY OF ENAI Ball®t Summary Proposition A jAPOC Exemption) The Kenai Municipal Code, Chapter 1.85, requires a candidate for municipal office and municipal officers (Mayor, Council Members, Planning 8~ Zoning Commissioners, City Manager, City Attorney and City Clerk) to file a report of their financial and business interests, and the financial and business interests of their spouse, dependent children and non-dependent children living with them. The report must be filed with the City Glerk no later than April 15 of each year. The city financial disclosure reports are public records and are available to members of the public upon request. Among other financial information, KMC 1.85 requires reporting sources of income (where a person's income comes from) but not the amount of income over $1,000 (how much they make) . The State of Alaska also has reporting requirements for municipal officers and candidates. Prior to 2008, most of the same information was required to be reported to the State through the Alaska Public Offices Commission as is now required to be reported to the City. However, in 2008, the Alaska Legislature amended state law to require reporting the amount of income over $1,000 (how much they make) in addition to the source of income over $1,000 (where the income comes from). The State of Alaska intends to put that financial disclosure information, including the amount of income, on its Internet site. State law allows a municipality to exempt its municipal officers and candidates from the reporting requirements of state law, if a majority of voters voting on the question approve of the exemption. Exempting the City of Kenai from State reporting requirements would mean that municipal officers and candidates would file their annual reports under the requirements of the city code rather than state law. CITY OF KENAI Ballot Summary Proposition A (APOC Exemption] The Kenai Municipal Code, Chapter 1.85, requires a candidate for municipal office and municipal officers (Mayor, Council Members, Planning 8v Zoning Commissioners, City Manager, City Attorney and City Clerk) to file a report of their financial and business interests, and the financial and business interests of their spouse, dependent children and non-dependent children living with them. The report must be filed with the City Clerk no later than April 15 of each year. The city financial disclosure reports are public records and are available to members of the public upon request. Among other financial information, KMC 1.85 requires reporting sources of income (where a person's income comes from) but not the amount of income over $1,000 (how much they make). Reportable income includes such thines as salary social security interest dividends, rental income, and money from IRA's and retirement funds. The State of Alaska also has reporting requirements for municipal officers and candidates. Prior to 2008, most of the same information was required to be reported to the State through the Alaska Public Offices Commission APOC as is now required to be reported to the City. However, in 2008, the Alaska Legislature, amended state law to require reporting the amount of income over $1,000 (how much they make) in addition to the source of income over $1,000 (where the income comes from). The State of Alaska intends to put that financial disclosure information, including the amount of income, on its Internet site. State law allows a municipality to exempt its municipal officers and candidates from the reporting requirements of state law, if a majority of voters voting on the question approve of the exemption. According to the APOC, roughly one- half of Alaska's 200+ communities have voted to be exempt from state disclosure requirements. That includes communities such as Homer Cordova Dillingham, Kodiak, Palmer, Whittier and Valdez. Exempting the City of Kenai from State reporting requirements would mean that municipal officers and candidates would file their annual reports under the requirements of the city code rather than state law. IiENAI OR COMMISSIQN MEETING AUGUST I1, 2608 CITY COUNCIL CHAMBERS 7;ID0 P.M. AGENDA ITEM 1: CALL TO ORDER ~ ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUM Y -- July 7, 2008 ITEM 4: PERSONS SCHEDULED TO BE BEARD ITEM 5: OLD BUSINESS a. Discussion -- Dip Net Fishery b. Discussion -- Drift Boat Haul Out in Lower River ITEM 6: NEW BUSINESS a. Discussion -- No Wake Zone ITEM 7: a. b. REPORTS Director City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE BEARD YTEM 1©: INFORMATION a. Kenai City Council Action Agendas of July 2 and 16, 2008. b. Ordinance No. 2319-2008 -- Amending Ethics Rules ITEM I1: ADJOURNMENT 74 KENAT HARBOR COMMISSION MEETING AUGUST 11, 200& 7:00 F.M. CITY COUNCIL CHAMBERS CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called 1 confirmed a's follows: Commissioners present: Commissioners alasent: Others present; 17e meeting to order at approximately 7:00 p.m. Roll was P. Morin, G. Foster, D. Gregory, T. Thompson, R. Peters B. Osborn, A. Poynor Parks ar~d Recreation Director B. rFrates, Public Works Director W. Ogle, Council Member A quorum was present. ITEM 2: AGENDA APPROVAL MOTYON: Commissioner Gregory MOVED to approve the agenda as presented and Commissioner Morin SECONDED the mofion. There were no objections. SO ORDERED. YTEM 3: APPROVAL OT+ MEETING SUMMARY -- July 7, 2008 hRCZmTO';: Commissioner Peters MOVED to approve the meeting summary of July 7, 2008 and Commissioner Gregory SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM S: OLD BUSINESS 5-a. Dasev sion -- Dip Net Fishery Discussion included signage, dune protection efforts, revenue and the church group that provided services. Consensus was the fishery went well from a management standpoint, however, lack of parking on the North side should be addressed. ~S-b, Diseussion -- Drift Soat Haul Out in Lower River 75 Frates reviewed Councilman Boyle's proposed ordinance appropriating funds for a drift boat haul out, noting the State has $150,000 for a study and administration feels this program should be the responsibility of the State, MOTION: Commissioner Morin MOVED to support Council Member Boyle's proposed ordinance appropriating $500;000 for a drift boat haul out in the lower Kenai River. Commissioner Gregory SECONDED the motion. VOTE: Morin YES .Osborn ABSENT Foster YES Poynor ABSENT ~ Gregory ~ NO j Thompson YES ^~~ Peters ~ YES ~ ~ ~~ MOTION PtASSED. ITEM 6: NE~V BUSINESS 6-a. Discussion -- No Wake Zone Frates reported administration did not support a No Wake Zone, noting wakes were not a contributing factor in the Comprehensive Bluff Erosion Study. It was suggested a letter expressing concerm be sent to United Cook Inlet Association. MOTION: Commissioner Gregory MOVED the Commission send a letter io United Cook Inlet Association stating concerns over wakes in the lower mouth of the Kenai River. Co~ntnissioner FnSker ~S'Y_+:f}ijA'v`I'tED tl?e mndori. Thn`re ..'ere n0 ObjeCTlonS. .~°v ORDERED.' ITEM 7: REPORTS 7-a. Director -- Frates noted the projected cost of the Cathodic Protection System was $81,000. 7-b. Csty Council Liaison -- None ITEM 8: COMMISSIONER COMMENTSfOiJESTIONS Gregory noted he would like the Council to include the Cathodic Protection System in their Capital Improvements. Foster noted his support of Gregory's suggestion. HARBOR COMMISSION MEETING AUGUST 11, 2008 PAGE 2 76 ITEM 4: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: bNFORMATION IO-a. Kenai City Council Action Agendas of July 2 and 16, 2008. IO-h. Ordinance No. 2319-2008 -- Amending Ethics Rules ITEM II: ADSOURNMENT MOTION: Commissioner Foster MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjaurned at approximately 8:35 p.rn. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk HARBOR COMMISSION MEETING AUGUST 11, 2008 PAGE 3 77 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS AUGUST S, 2005 7:00 P.M. AGENDA ITEM I: CALL TO ORDER ~ ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 8: APPROVAL OF MEET%NG SUMMARY -- June 3, 2008 YTEM 4: PERSONS SCHEDULED TO BE HEARD YTEM S: OLD BUSINESS a. Discussion -- Internet Safety Palicy b, Discussion -- Rasmuson Tier II Grant ITEM 6: NEW BUSYNESS a. Discussion -- Library Regulations in City Cade regarding Borrower's cards ITEM 7: REPORTS a. Director b. Friends of the Library c. 'City Cauncil Liaiscn ITEM 8: COMMISSION COMMENT5fpUESTIONS ITEM 4: PERSONS NOT SCHEDULED TO BE HEARD ITEM IO: INFORMATION a. Kenai City Council Action Agendas of June 18 and July 2, 2008. b. Ordinance No. 2319-2008 -- Ethics Rules ITEM 11: ADJOURNMENT 78 ILENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS AUGUST 5, 2008 ?:00 P.M. 'VICE CHAYR ROBERT PETERS, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER 8c ROLL CALL Vice Chair Peters called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Commissioners present: E. DeForest, R. Peters, C. Brenckle, C. Cook Commissioners absent: K. Heus, E. Bryson, M. Graves Others present: Library Director M. Joiner, Council Member H. Smalley A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- June 3, 2008 MOTION: Ccmmissicner Brenckle I::OVED tc approve the meeting summary of June 3, L00~ and Commissioner Cook SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS S-a. Discussion --Internet Safety Policy Referring to a copy of the draft Internet Safety Policy included in the packet, Joiner reported the library patrons would be given a copy of the policy when they registered. MOTION: Commissioner Brenckle MOVED to approve the Internet Safety Policy as written and Commissioner DeForest SECONDED the motion. 79 VOTE: Heus ABSENT DeForest YES Graves ABSENT Bi son ABSENT I Peters I YES Brenekle YES I Cook j YES __ ~ _ ~ MOTION PASSED UNANIMOUSLY. 5-b. Discussion -- Rasmuson Tier II Grant Joiner reported on the requirements £or the matching grant and encouraged all commissioners to help in fundraising. ITEM 6: NEW BUSINESS 6-a. Discussion -- Library Regulations in City Code regarding Borrower's cards. Referring to a copy of the Library Regulations included in the packet, Joiner reported borrowers must have their library identification in order to check out materials. MOTION: Commissioner Brenekle MOVED to recommend removal of Section B, Borrower's Cards from the library regulations in the city code. Commissioner Cook SECONDED the motion. VOTE: Heus I ABSENT DeForest YES Graves ABSENT Bryson ~ ABSENT Peters .YES Brenckie I YES Cook 'YES MOTION I+ASSED UNANIMOUSLY. ITEM ?: REPORTS 7-a. Director -- Joiner reviewed the report, noting circulation had increased, the fibrary web page and server were compromised in July and, showed an example of "my fast library card." 7-b. I:`a~iencts of the Lsbrary -- None 7-c. City Council Liaison -- Smalley reviewed the action agenda items included in the packet, noting prdinance No. 2321-2008 increasing revenue and appropriations by $250,000 in the Library Capital Project Fund was passed. LIBRARY COMMISSIQN MEETING AtJGL'ST 5, 2008 PAGE 2 8~ ITEM ~: COMMISSION COMMENTS/pUESTIONS DeForest stated she was glad to be back. Cook thanked the director for her work on the Internet policy and thanked Smalley for his report. Brenakle stated she was glad to see DeForest back and encouraged fundraising. Peters welcomed DeForest back and encouraged commissioners to attend the next Friends of the Library meeting to help with fundraising. ITEM 9: PERSONS NOT SCFIEDULED TO BE BEARD -- None ITEM 1Q: INFORMATION ld-a. Kenai City Council Action Agendas of June 18 and July 2, 2008. 10-b. Ordinance Na. 2319-2008 -- Ethics Rules ITEM 11: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner DeForest SECONDED the motion. There were no objections. SO ORDERED. There being,no further business before the Commission, the meeting was adjourned at approximately 8;20 p.m. :.eet Sng sunl.,.ary prepared and submStted by: Corene Hall; Deputy City Clerk LIBRARY COMMISSION MEETING AUGUST 5, 2008 PAGE 3 81 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMHERS August 13, 2008 - 7:00 p.sn. 1. CALL TO ORllER: a. RoIF Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed. w9th an asterisk (*} are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General. Orders. 2. *APPROVAL OF MINUTES: a. *July 9, 2008 b. *July 23, 2008 3. SCHEDULED PUBLIC COMMENT: (10 Minufes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ08-40 - An application for a for a 15-foot rear setback encroachment for the property kncwn as Lct 22. Biook 4, P~ed:?uht Terrace Subdi:sion Addition 1~1 ' 'I E' ^ ~`°~,^° o.. ~ .,:-, U««a, Drive). Application submitted by Scott Wehrstein, 1514 Stellar Drive, Kenai, Alaska. (Postponed from. 7123108 meeting.) b. PZ08-41 -An application for a Conditional Use Pernvt to hold an outdoor assembly (fair) for the property known as Lots 1., 2, and 3 of Beaver Bluff Subdivision (4736 R 4760 Beaver Loop Road). Application submitted. by Katharine A. Pool, P.O. Box 178, Soldotna, Alaska. (Postponed from 7/23/08 meeting.) c. PZ08-42 - An application. for a sign variance for an additional. free-standing sign far the property known as that portion of the W1J2 SW1(4 SEI/4 lying south of the Kenai Spur Road ROW excluding leased portion per lease agreement 559@796 (9775 Kenai Spur Highway), Kenai, Alaska. Application submitted by Vince Redford d'ba Redline Sports, 168 Trumpeter Street, Soldotna, Alaska. 6. OLD BUSINESS: a. PZ08-39 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (a) Accessory Structures be amended. to allow accessory structures in the rear setback and to define one (1) story height. (Note: A motion to adopt Resolution PZDS-39 was offered at the 82 July 9, 2008 meeting and the resolution was then postponed. The motion to adopt is active./ i) Substitute A - PZ08-39 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 1.4.20.200 (a} Accessory Structures be amended to allow accessory structures no larger than two hundred (200) square feet in the rear setback and to define one (1) story height. ii) Substitute B - PZ08-39 - A resolution of the Plamiing and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20 ?00 (a) Accessory Structures be amended to allow accessory struciures no larger than 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 in the rear setback and to define one (I) story height. 7. NEW BUSINESS: a. PZ08-43 - An application by the Kenai Historical to relocate five historical cabins as required in KMC 14.20.105{h). Application submitted by The Kenai Historical Society, P.O. Box 1348, Kenai, Alaska Approval. b. Amendment to KMC 14.22 - I2adiolTV Transmitters(Cell Sites -Discussion -Set public heaa•ing. c. Amendment to KMC 14.20.180 preventing the same or substantially similar variance permit applications from being considered by the Planning & Zoning Commission more than once in any nine months period. Discussion -Set public hearing. d. Lease Application -Alaska Court System, State of Alaska, Lot 13, Block 1, Cook Inlet Industrial Air Park -Recommendation. 8. PENDING ITEMS: a. PZ07-25 - Reconunending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes} 11. INFORMATION ITEMS: a. Kenai River Center Project Application -Kenai b. Landscape/Site Plan. - Alaska King's Inn Hotel c. Zoning Bulletin {7/10108) I2. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: 83 CITY OF KENAI PLANNING & ZONING COMMISSION AUGUST 13, 2®08 a:oo P.M. CITY COUNCIL CHAMBERS V%CE CHAIR SCOTT ROMAIN, PRESIDING MEETING MINUTES ITEM 1: CALL TO ORDER Vice Chair Romain called the meeting to order at appro~xnately 7:00 p.m. I•a. Roll CaII Roll was confirmed as follows Commissioners present: K. Rogers, J. Brookman, K. Koester, S. Romain, R. Wells, P. Bryson Commissioners absent: J. Twait Others present: City Planner M. Kebschull, City Planning Administrative Assistant N. Carver, Council Member B. Molloy A quorum was present. (Deputy Clerk's Note: R. Wells left fhe meeting at approximately 7: D2 p. m, to take a phone call and returned to the meeting at 9:05 p. m.) 1-b. Agenc4a Approval MOTION: Commissioner Bryson MOVED to approve the agenda noting 7-b should read "set work session" rather than "set public hearing.° Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. I-d. *Exensed Absences -- None Approved by consent agenda. *AII 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 „' _ .. n,~~;~_. 84 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: *APPl2aVAL aF MINUTES 2-a. *July 9, 2008 -- Approved by consent agenda. 2-b. *Jnly 23, 200$ -- Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC CaMMENT -- None ITEM 4: GONSIDERATION aF PLATS -- None ITEM S: PUBLIC HEARINGS 5-a. PZO$-40 - An application for a for a 15-foot rear setback encroachment for the property known as Lot 22, Block 4, Redoubt Terrace Subdivision Addition No. 1 (1514 Stellar Drive). Application submitted by Scott Wehrstein, 1514 Stellar Drive, Kenai, Alaska. (Postponed from 7/23/08 meeting.] City Planner Kebschull reviewed the staff report included in the packet. Romain read the rules for public hearing and opened the floor to public hearing. Make Boyle, lS15 Stellar Drive -- Spoke in favor of the encroachment. There being no further comments, the public hearing was closed. P.1aTIaN: Commissioner Brockman MaVED to approve the application as written and Commissioner Bryson SECONDED the motion. Scott Wehrstesa, 1514 Stellar Drive, Kexsai -- The applicant stated the shed was four feet ten inches from the rear lot line and the skids faced the wrong way to make the shed easy to move. MaxlaN Ta AMEND: Commissioner Wells MOVED to the amend the application to read "15.5-foot rear setback" rather than "15-foot rear setback.° Commissioner Rogers SECaNDED the motion. VaTE ON THE AMENDMENfi: PLANNING AND ZONING COMMISSION MEETING AUGUST 13, 2008 PAGE 2 85 ~ Rogers 1 YES Brookman j YES Koester YES ~ Rom~ain j YES ;Wells YES Twait I AR~Fnrr MOTION PASSED UNANIMOUSLY. VOTE ON THE AMENDED MOTION: Rogers ~ YES j Brookman ~ YES Koester YES Romain j YES Wells ~ YES ~ Twait ABSENT Bryson i YES ~ -I MOTION PASSED UNANIMOUSLY. Kebschull noted appeals could be filed with the City Cleric within 15 days of the action taken. 5-b. P208-41 - An applicatior_ for a Conditional Use Permit to hold an outdoor assembly (fair) for the property knoccn as Lots 1, 2, and 3 of Beaver Bluff Subdi~rision (4736 8s 4760 Beaver Loop Road). Application submitted by Katharine A. Pool, P.O. Box 178, Soldotna, Alaska. {Postponed from 7/23/08 meeting.) Kebschull reviewed the staff report included in the packet, noting there was an option for this to become an annual event. Romain opened the Hoar to public hearing. Katharine Pool, Applicant -- Reported, since this application was on the agenda for the July 23, 2008 meeting which was adjourned due to lack of quorum, she would not have time to prepare for a fair this year and she would like to hold tine fair next veer. There being no further comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve the application including staff recommendations. Commissioner Brockman SECONDED the motion. MOTION fi0 POSTPONE: Commissioner Bryson MOVED to postpone the application to the October 8, 2008 meeting and Commissioner Wells SECONDED the mofion. VOTE ON THE POSTPONEMENT: Rogers YES ~ Brookman ~ YES 'Koester YES PLANNING ANB 20NING COMMISSION MEETING AUGUST 13, 2008 PAGE 3 86 Romain YES ~ Wells YES Twait i ABSENT Bryson ~ YES I l I MOTION PASSED UNANYMOUSLY. 6-c. P208-42 - An application for a sign vaziance far an additional free- standing sign for the property known as that portion of the Wl/2 SW1(4 SE1 J4 l5ring south of the Kenai Spur Road ROW excluding leased portion per lease agreement 559@796 (9775 Kenai Spur Highway), Kenai, Alaska. Application submitted by Vince Redford dba Redline Sports, 168 Trumpeter Street, Soldotna, Alaska. Kebschull reviewed the staff report included in the packet, noting the application eras approved in 2006 but site work postponed the installation of the sign and the variance expired. Romain opened the floor to public hearing. Kristine Schmi3t, 613 Ash Avenue -- Spoke against the application, suggesting a sign on the building rather than free standing. There being no further comments, the public hearing was closed. MOTION: Commissioner Wells MOVED to approve the application and Commissioner Bryson SECONDED the motion. VOTE: MOTION PASSED. Romain noted appeals could he filed with the City Clerk within 15 days of the action taken. %fiEM 6: OLD BUSINESS b-a. PZOS-39 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (aj Accessary Structures be amended to allow accessory structures in the rear setback and to define one (1) story height. (Note: A motion to adopt Resolution FZO$-39 was offered at the July 9; 2008 meeting and the resolufion was then postponed. The motion to adopt is active.) PLANNING AND ZONING COMMISSION MEETING AUGUST 13, 2008 PAGE 4 87 6-a-1. Substitute A - PZfl8-39 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC L4.20.260 (a) Accessory Structures be amended to allow accessory structures no larger than two hundred (200} square feet in the rear setback and to define one (1) story height. 6-a-Z. Substitute B - P208-39 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (a) Accessory Structures be amended to allow accessory structures no larger than 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 in the rear setback and to define one (1) story height. Kebschull reviewed the staff report included in the packet and Romain opened the floor to public hearing. &~ristine Sehmidt, 513 Ash Avenue -- Spoke i?i support of Substtute B, noting it encouraged more "box-like° structures. MOTION: Commissioner Bryson MOVED to substitute and approve Substitute A and Commissioner Wells SECONDED the motion. VOTE: MOTION PASSED. ITEM 7: NEW BUSINESS 7-a. PZ48-43 - An application by the Kenai Historical to relocate five "~"~~4"~' historical cabins as required in KMC 14.20.105(h). Application submitted by The Kenai Historical Society, P.O. Box 1348, Kenai, Alaska. Approval. Kebschull reviewed the staff report included in the packet, noting the walking tour would be updated to reflect the move. MOTION: PLANNING AND ZONING COMMISSION MEETING AUGUST 13, 2008 PAGE 5 gg Commissioner Bryson MOVED to apgrove the application and Commissioner Brockman SECONDED the motion. George Ford, Fresident, Kenai Historical Society -- Reported they had received $68,000 in cash donations, a grant from the Rasrnuson Foundation, and Nelson F?v Associates would provide design of the foundations. Ford reported they hoped to move the cabins this fall and complete the renovation by the summer of 2009. Commissioner Brockman thanked Ford for his efforts on the project. VOTE: Rogers YES Brockman YES Koester YES Romain YES ;Wells I YES Twait ABSENT ~ Bryson ~ YES 1 ', ~ j MOTION PASSED UNANIMOUSLY. 7-l;. Discussion/Set 't~Tor~ Session -- Arnendm~ent to Kl`~IC 14.22 ~ P.adio/TV Transmitters jCell Sites. Kebschull reviewed the information provided in the packet and Romain opened the floor to public comment. Janine Espy, 403 McCollum Drive -- Spoke in favor of a work session and requested consideration to be given to her husband's work schedule. The Commission asked Espy to meet with. Kebschull to schedule the work session. 7-c. Discussion/Recommendation/Set Public Hearing -- Amendment to KMC 14.20.180 preventing the same or substantially similar variance permit applications from being considered by the Planning 8v Zoning Commission more than once in any nine months period. Lease Application -Alaska Court System, State of Alaska, Lot 13, Block 1, Cook Inlet Industrial Air Park. Kebschull reviewed the information included in the packet and Romain opened the floor to public comment. Janine Espy, 403 McCollum Drive -- Spoke in favor of a public heazing and encouraged the Commission to recommend changing the code. The Commission requested a public hearing on the issue. 7-d. Discussion/Recommendation -- Lease Application -Alaska Court System, State of Alaska, Lot 13, Block I, Cook InletIndustarial Air Park. PLANNING AND ZONING COMMISSION MEETING AUGUST l3, 2008 PAGE 6 89 Kebschull reviewed the staff report included in the packet, noting the City would design and develop the parking lot. Commission was requested to find the application met criteria of whether the application was complete and complied with the Comprehensive Plan and the zoning code. MOTION: Commissioner Wells MOVED the application met the criteria and recommended approvat and Commissioner Brookman SECONDED the motion. Commissioner Bryson recused himself due to conflict of interest. Romain opened the floor to public comment. Kristitte Schmidt, 513 Ash Avextue -- Spoke in favor of the application but would Like to see more landscaping of the lot. VOTE: i Ra ers YES I Brockman I YES I Koester i YES -I j Romain YES Wells YES I 'f`wat I ARSF,NT MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS 8-a. PZO?-25 - Recommending Council enact KMC 9.10.016 to require dumpsters be screened on at least three sides. ITEM ~: icEPORTS 5-a. City Council -- Council Member Molloy reviewed the action agenda items from the August 6, 2008 meeting included in the packet. 9-b. Sorough Planning -- Commissioner Bryson reviewed the August 11, 2008 agenda included in the packet. 3-0. Adnxixxistration -- Kebschull stated she would schedule work sessions. ITEM 1Q: PERSONS PRESENT NOT SCHEDULED -- None ITEM I I: INFORMATION ITEMS I I-a. Kenai River Center Project Application -Kenai I l-b. Landscape/ Site Plan -Alaska King's Inn Hotel 11-c. Zoning Bulletin {7/ 10/08j PLANNING AND ZONING CpMMISSION MEETING AUGUST 13, 2008 PAGE 7 90 ITEM 12: COMMISSION COMMENTS & os7ESTIONS Srysmn apologized for not attending the past two meetings. ITEM 13: ADJOURNMENT MOTION: Commissioner Wens MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. S® ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:26 p.m. Meeting summary prepared and submitted by: Corene HaII, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING AUGUST 13, 2008 PAGE 8 91 KENAI BEAUTIF`ICATIf3N CCMMTTTEE SPECIAL MEETING AUGUST 12, 2dd8 7:d0 P.M. KENAI C13UNCIL CHAMBERS AGENDA ITEM 1: CALL TCl_ ORDER ~ ROLL CALL ITEM 2: AGENDA APPRt3VAL ITEM 3: OLD BUSINESS a. Discussion/Recomrnendatiott -- Winter Pole Decorations b. Discussion/Recommendation -- Leif Hanson Memorial Park Christmas tree c. Discussion -- Circle Planters ITEM 4: AD30URNMENT 92 KENAI BEAUTIFICATION COMMITTEE SPECIAL MEETING AUGUST 12, 2®0$ a:ao p.M. KENAI COUNCIL CHAMBERS CHAIR KAY SHEARER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Shearer called the meet confirmed as follows: Committee Members present: Committee Members absent: Others present: ing to order at approximately 7:10 p.m. Roll was M. Dimmick, L. Seymour, K. Shearer, P, Baxter S. Hatch, M. LeFebvre Parks 8s Recreation Director B. Frates, Public Works Director W. Ogle, Council Member L. Swarner A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Committee Member Dimmick MOVED to approve the agenda and Committee Member Segnnour SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: OLD BUSYNESS 3-a. Dassussion/RecQnazn~ndataon -- Winter Pnte Dernrat_ans Frates reviewed the various options and reported ~2&,000 was budgeted for pole decorations. MOTION: Committee Member Seymour MOVED to recommend the city purchase 12-foot double poinsettias with LED lights for every other pole along the Spur Highway and Airport Way, and to spend the remaining funds on transformers to complete the Spur Highway. Committee Member Dimmick SECONDED the motion. There were no objections. SO ORDERED. 3-b. Discussion/Recommendation -- Leif Hansen Memorial Park Christmas Tree Shearer updated the Committee on the status of the tree. Frates reported the site was prepared and the moving of the tree would take place tomorrow. Frates noted the tree would be lit with colored lights during the winter. 93 3-e. Dsseussion -- Circle Planters Shearer reported additional flowers and hardscape had been added to the circle planters at the Spur Highway and Main Street Loop, and suggested hardscape, primarily rocks, be added to the remaining circle planters this fall. Frates noted contracting out the planting of the circle planters be added to the next meeting's agenda. YTEM 4: There being no further business before the Committee, the meeting was adjourned at approximately 8:20 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING AUGUST 12, 2008 PAGE 2 94 REP RT F TH I MA~1 ~.. ~? ~~,.. ,. ~-. tl~ea~uf KENA~ SKi! To: Rick Koch, City Manager "l/illa~e wat/~ a Past, G~ty rvetti a Fr~tr~re" FINANGE DEPARTMENT 210 Fidalgo Avenue, Kenai: Alaska 99611-7794 Telephone: 907-283-7535 ext 221 /FAX: 907-283-3014 From: Terry Eubank, Finance Director ~~' Date: August 13; 2068 Re: Monthly Report The finance department has been working on several projects along with my learning of the City's systems and procedures. All City personnel have been extremely. helpful in making my transition smooth. As many of you are aware, Melanie Lcwis's last day at the City was August I la'. Recruitment for Ms. Lewis's replacement is underway with the application period ending August 14a'. Interviews will be scheduled early the week of August 18a' vrith plans to have the new accountant on staff as soon as possible. A preliminary review of the applications received has shown strong interest in the position by qualified. individuals. The implementation of the new airport permanent fund investment policy is underway with an expected implementation date of August 3165. The transition has involved close work with the City's trust agent, Wells Fargo, and the investment manager, Alaska Permanent Capital. As is typical this time of year, the department is actively working on closing of the fiscal year 2008 books, preparation of the Comprehensive Annual Financial Report, and preparation for the anmial audit which will take place the last weak of September. 96 r`tlG~~'e wt~t Past t` t~°c~t r~c~Ye' ~-~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 „~,,,~, 'z-~~'d ~.~ Telephone: (907} 283-7535, Ext. 236 /FAX: (907) 283-3014 ~~(~~~ __,__ I - - 7992 \O t~eG`~°f ii EIVI l~IU1VI tc~N~t. ~~~~~ v TO: Rick Koch, City Manager FROM: Wayne Ogle; Public Works Direoto~ DATE: August 13, 2008 SUBJECT: Mid -Month Report The construction season is on-going. Previously reported projects are making good progress: Airport Runway Safety ZonelExtension, Public Safety Garage Improvement Project (Holden Company), Airport Urea Storage Building project (Sterchi Corporation), Thomason Park LID and Shamrock Circle LID paving projects (Alaska Roadbuilders). Alaska Roadbuilders pulled off the Thompson Park job in fate July to address other projects that were behind. They are expected to return and finish the Thompson Park Project on 20 August. The Marathon Road Improvement Project (Southcentral Construction Inc.) has started. An established detour around the construction is in place. Southcentral Construction Inc. wi(f provide dust control on the gravel portion of Marathon Road during the projecf. Construction on the Leif Hansen Park Sprinklers Installation project (Alaska Enviroscape) is set to start once ordered materials are received. Council has approved the City's application to the ADEC for grant funds for the project entitled: "New Water Transmission Mains (Phase (E), Wellhouse, Wells, and Related Improvements". The City has identified this project as berng the number one local state funding priority for fiscal year 2010. The project will provide increased volumes of drinking water meeting EPA water quality standards, specifically for arsenic, abandon two municipal production wells in which arsenic levels exceed EPA water quality standards, drill two new wells, construcf/remodel a wellhouse, ~an~~t~ cons tact a n$W Water main to S?CVe areas wits"! r!vate v:elts ?:~ th hlnh rcvdc of ar5°nfa p ..., .. ............ .. ~Lr,av~ an aging & failing asbestos concrete water transmission lines, provide stand-by power generation, and certain related improvements. Streets Department is well info their crack sealing operations. A contract is being awarded for an extensive sidewalk and curb repair work project around town. The City is considering a quote that has been submitted for sidewalk repairs in front of Paradiso's Restaurant. Small asphalt jobs to repair pavement around street manholes and certain sidewalks is underway. The various departments are busy with routine summer maintenance and repair work. Preparations for the Dip Net Season have paid off. The temporary dune fencing provided the dune protection that was hope for. In general, there were very positive comments on haw the Ciry handled the influx of tourists for the Dip Net Season. The Administration will be preparing an `after-action' report on the Dip Net Season. Bob Springer, the Building Official, has tendered his resignation. He will take a two week vacation at the end of August and return to work for a week before his final departure. We are hiring a temporary building inspector while Bob is on vacation. The process to hire a permanent replacement for the Building Officio( position is underway. 97 M'I;MO}ZANDUM To: Cary Graves, Acting City Manager Fram: Kathy Romain, Acting Senior Canter Director late: August 13, 2008 Subject: July Monthly Report Tota! Juty Meat Count 2448 Served: Total Congregate Meals Served: 1,262 Total Home Meals Served: 2,070 Total July Meal Count 2002 Served: Total Congregate Meals Served: 1,134 Total Home Meals Served; 1,13$ We had a total of 556 volunteer hours far the month of Juiy. The Director and the Administrative Assistant had 50-F appointments pertaining to Senior Care Benefits, Social Security, MedicarelMedicaid, end of life issues and general senior related issues. As more programs, such as the IRS Stimulus Payment and the State's Energy Rebate become available, the Senior Center receives more inquiries and sees new faces from around the community. The AHFC Home Energy Rebate Program has also generated quite a bit of interest from the senior populafion. Our Annual Pie/Hot Dog Booth was a good success at the July 4~~' Celebration. All 125 pies and over 1,000 hotdogs were sold tnraughout the festivitic-s. Thie Line Dancers and the Senior Center float took 1 °` place in their division. The Senior Commodities Faod Program in conjunction with the Food Bank continues to grow. We have seen an influx of seniors applying for the food boxes and arranging to pick them up here in Kenai. This also gives our staff the opportunity to find out if they would qualify for addifional programs and to educate those individuals on the Senior Center activities. The Workforce Development Center through Kenai Peninsula Borough School District built and completed a gardening shad for the Senior Center. Director, Rachael Craig and Instructor's Sieve Schaessler and Councilman Mike Boyle collaborated on the project and 13 students from around the area worked to finish the shed, This was a great need for the Center and we truly appreciate alI the work and effort put forth on our behalf 98 Yo: Cary Graves, Acting City Manager From: Gus Sandahl, Acting Police Chief rs Date: 08/13/2008 12e: Police & Communications Department Activity -July 2008 Polioe handled 781 calls for service. The Communications Center received 112 emergency 9-1-1 calls. Officers made 87 arrests and wrote 312 reports. On July 7~', a downtown business was burglarized, and a vehicle was stolen from their lot. Nightshift officers arrested a 20 year-eld male far vehicle theft, felony theft, and multiple counts of burglary this same night, as a result of the crimes committed at this business. Traffic enforcement resulted in 121 warnings, 29 speeding tickets, 42 seatbelt fickets, 9 citations for equipment violations, and 49 citations for "other' traffic violations. There were 7 DUI arrests. Police investigated 12 vehicle crashes (11 damage-only, 1 injury). As a result of crash investigations, officers issued 6 citations and made 2 amests (DUI, Hit & Run). Police also responded to 7 incidents involving brawn bears. The 4~h of July Parade was well attended. 7 police officers and 4 seasona# enforcement officers assisted with traffic control and crowd safety. On July T", construction work began on the new police department garage project From a police perspective, the dipnet fishery was a success. The increased presence of additional seasonal enforcement officers and police officers greatly assisted with traffic control, dunes protection, parking enforcement, and maintaining order. Officers received positive feedback on a daily basis from returning dipnetters, expressing their appreciation for the increased po8ce presence. The Annual Dipnet Report will be brought before the Council at a later date. Our newest Dispatcher, Stacey Day, started work on the 14"'. Another new Dispatcher, Lindsay Sadcman, is in phase 3 of the Dispatch training program. Officer Levi Russell began phase 2 field training early in the month. Chief Chuck Kopp resigned on July 14"', Officer Trish Gordon resigned on July 31 ~. Applications closed on July 30"' for 2 officer positions (Officer Cordon's vacancy, and the Council-approved 16"' officer}. Officer Jay Sjogren attended a 40 hour Field Training Officer course in Wasiila (14"'-18'"). City Manager, Ridc Kach, assigned Gus Sandahi as the Acting Police Chief, effective oh July 16"'. On July 17"', members of the FBI/CJIS UCR Section conducted an audit of Kenai Police Department Un'rform Crime Reporting (UCR) data for the period of July 1 n through December 99 3161, 2007.. The Communications Department received a very good scare during this audit which covered accuracy, coding and timeliness of reporting. Dispatcher Greg Beckman, who is the UCR Coordinator, was recognized for his continuing efforts to ensure accurafe reporting. On July 22nd, Mike Nusbaum attended the Alaska Land Mobile Radio (ALMR) MotoSridge Summit. The summit was intended as an introductory meeting for the formation of a MotoSridge network which will be integrated info the existing ALMR network in the future. On July 29th, all officers attended a department training meeting at KPD. On July 30~h, Officer Ben Langham and Officer Kelly George, along with several visiting New York pollee officers, participated in a Ponce Athletic League {PALj laser tag event, attended by 22 Boys and Girts Club kids, The Department continues to participate in traffic enforcement safety grants through the Alaska Highway Safety Office, the "Click It or Ticket' and DUf campaigns. On July 1, Officer Sjogren took on the Law Enforcement Liaison (LEL) role from Sgt, Gus Sandahl, who was the LEL for the previous year. As an LEL, Officer Sjogren will coordinate between PeninsulaiKodiak law enforcement and the Alaska Highway Safety Office for traffic enforcement programs specifically aimed at making highways safer. 100 ANIMAL CONTROL REPORT July 2008 zoos zao7 zoo8 STRAY 119 105 ADOPTED 49 Dogs 64 71 Dogs 33 Cats 51 34 Cats 13 Other Animals 4 4 Other Animals 3 RELEASED BY OWNER 26 Dogs 22 Cats 4 Other Animals 5 64 CLAIMED 35 28 Dogs 31 31 Cats 4 1 Other Animals d zoo? 64 35 28 1 41 29 12 0 D.O.A. 22 4 EUTI3A_NIZED 58 64 Dags 8 4 Dogs Zl 35 Cats 5 4 Cats 37 25 Other Animals 9 1 Other d 4 WILDLIFE RELEASE 3 2 Borough Animals 42 49 Field Investigations 76 85 Total Dogs 94 103 Volunteer hours 42 125 TotaE Cats 6d 69 Total phone calls 917 956 Total Other 13 2 ]Kennel Permits d 4 101 INTEROFFICE MENIORAN®UIVI KENAI FIRE DEPARTMENT Date: August 13, 2008 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe of 7-8 to 8-13: Run total for the year 88$ requests for service Total last year at this time 774 request for service 15°l0 over last year of this time Last 30 days 134 calls Summary of activities for test month: 1} Provided mint-ple station tours for local schools 2} Participated in the kick off meeting for Build out of radio upgrades for dispatch 3} Sponsored two Safe Kids care seat check at station 1 4) Participated with mentarship programming at Kenai Youfh Facility 5} thief participated in a Homeland Security Grant review board 6) All department members participated in training with sponsoring physicians. 7) FD stood by for Lee Shore Woman's run 8) Department members accumulated 326 hours of training Fire Marshal's Office Report 3 Code enforcements 6 building inspections 11 follow up inspections 8 building walk through 5 plan reviews 2 public complaint investigations 3 fire systems review/inspection 102 Kenai Community Library Monthly Repart August 2008 July Circulation Figures Adult Fiction 2,429 Internet Access 1;609 Adu1t'Non-Fiction 1,588 Music 165 Periodicals 87 Puzzles 4 Juvenile Fiction 870 Videos 704 Juvenile Non-Fiction 179 DVDs 2,292 Easy Fiction 1,449 Audio books 281 Easy Non-Fiction 202 Miscellaneous 25 Interlibrary Loan 31 Computer Prograins 16 Total Print ~~ 6,835 Total Non-Print 5,096 Total Ciroulation 11,931 Internet Express Use 671 Total Catalog Searches 7,289 Library Door Count....... 8,790 In-House circulation 278 Dawnloadable Audio 129 Circulation figures for July 2008 were 14% higher than that for July 2007. Approximately, 300 people waited to use a computer in Jaly. _______ Circulation a __. FY1961 FYla76 FY1981 FY2005 FY2008 ldi I Ho ngs I i 90000 _ __.,._____ _ ._.._ __ _.. __.,. _.... 50000 .......... .......... ........ ._.__.._._.-_ _._._..... ..__... 70000 __ . _... ..~_ -_. ..... ! G0000 ~ 1 -- -- --- -- : sonoo 40000 -._ _ ...~ ..._... ..__._ ._._..... ~ FiolUin~+s ~ 30000 soooo i toow - ... _ f - _ L..._.__..___..__......... ,.__ ....__ _.__.. ...__... ..__. _ _.._ ._._. .__.._.... ...__........_ _.__ ~ o , _ : i i Fv ta6t FY talc Fv last =v zoo> Fvzoas 103 Airport PVfanager's [Monthly Report August 260$ Municipal Airgxort Runway Safety Improvement Project: Fencing and seeding is complete and accepted. The remaining works items are Change Orders 10 (runway painting), 11 (switching out the lights) ~ 12 (runway temperature sensing system) which should happen soon and everything wrapped up by the end of September. Urea Storage Bul{ding: Concrete block and wall framing is complete. Electrical rough in is complete. Decorative block is 50% complete. Gampletion date is September 15, 2008. Airport Summer Activities: The Landscaping Project terminal is complete, This projected consisted of ground plan#ing grass and fertilizing. Booth's Landscaping installed received several campiiments on the projects. Thank you the Streets for their combined efforts on the project. on Willow St. north of tha leveling, spreading topsoil, nine trees. The airport has to both Parks and Rec and zoos-o~ 104 I N F IuITI NIT ~x.a INFORMATION ITEMS KENAY CITY COITNCIL MEETING tgUGLTBT 20, 2008 1. 8/20/2008 Purchase Orders Between $2,500 anal $15,000 far council review. 2. 8/ 14/2008 Kenai Harbor Rate Schedule. 3. 8/ 14/08 Councilor Molloy draft ordinance relating to I{MC 1.15, Rules of Order. 4. 8/ 19/08 Kenai Peninsula Borough Assembly Meeting Agenda. 106 d ii z v m 0 ut" L] Q o p o ~ °~y o N ~ ~ ~ W ~ L61 ~ 4 ~ ti: O W ~ ~ N O W 'V ~ U O Q. U °o °o °o °o °o °o o m o 0 ci O d O ti ta0 ui N ~ V~_ ~i (9 r- 9 tND cpi O ci O In M M ~ M 6/ 11') ({1 Cq (¢ (~ f4 W W ~ ~ U U U UJ W W ~ ~ Z ~ ~ fl J Q Q O g C7 C7 ~ C7 Ug U O O eII 2 ~ u!S Z ~ o?i z V1 lfi z 0 O p O U W O ~ u. K U O fn a Z W m d r ~ x o ~ ~ ~ a ~ ~, ~ ~ ~ ~ ~ a ~ ~ ~ N ~ ~ o ~ ~ ~ ~ o ~ W ~ r z z a ~ w ~ U U © O ~ d O D ~ ~ U ~ U U U_ ~ ~ ~ O W 0 r } p W W ~ a ¢ ~ =0. d '~ U cam( C~ ~ d Z o y0y tQ/? u}. m rJ ~ S ~ Q ~ L. U ~ U W ~ Z Z' O W ~ ~ ~ K !W- ~° ..r a q W ~ U Z dZ ~ O pp ~ ~ ,~~' d u~ O ~ tr W U O OU r ~ ~ i- o U w u d q~~ m 1~~ ~, ' Skw+Fi ~C1'1P OF KERl~I - D®CK RAf~,,~CI~E®ULE ter;'' ~,~r..., f F' Rick R!° Kdch, City Manager August 14, x2008 KENAI HARBOR RATE SCFIEDULE The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 6% sales tax added to the total invoice {3% City and 3% Borough). RATE ~ 1. Product wharfa e w/crane; w!o forklift $ O.Q7pb Non- roduct wharfage {ice nets staples, etc.) 0.04!(b. ~ f Purchases Purchases ; Purchases ', ` Under 500 ' 500 al. ' 2000 c ~al Gallons ,or more , _ or more ; ~_ 2. Fuel Gasotine Regular 4.367 4.317 _ ~ State Marine Tax .050 .050 Federal Tax ~ .184 .184 Total $/ al. ' 4.60 4.55 Dieset #2 5.451 5.40 5.082 State Marine Tax .050 .454 .050 I TotaP $! al. , 5.50 5.45 5.13 ~ 3 UsQ~ ^° Dum"in vu ~~~ $1.00/ aI. 4. Boat Launch Ram I 0-10 min. _ $15.00 Includes Parkin with Trailer Each min. over 10 min . _ $1.00/min. Seasonal ass sr boat = $150/season 5. Parking Only I If with trailer, must a launch fee $10.00/da Seasona( Pass for Parkin $10 0.00%Season 6. Tie U Fee I A. Skiffs tied to land side of concrete dock $7.00/da Seasonal Pass er boat $150/season B. Boats tied to buo in ri ver $10.00/da i Seasonal Pass er boat $150/season 7. ForkiiftwlO stator 1/2-hr. minimum $50.00/hr. 8. Cit Labor Char es for call out 2-hr. min. $40.00/hr. ~ 9. Other Items See Dock Manager Prior to Use Fijiance ~~ 108 ~~~i~d L`fr~~~J ~ dtsl~o~~`ealc]4gO o IIGr~sool TO: Mayor, CaunciI Members, & t4dmrnistration FRONT: Bob Molloy DATE: os/T4/os SUBJECT: Information Item Agenda Ss Packet Ordinance Draft for 08-20-OS Meeting Racket The attachment includes copies of an initial draft of the proposed Agenda & Packet Ordinance that I will be sponsoring and KMC Chapter 1.15 Rules of Order, for your review and information. My intent is to present a complete ordinance in the required format for introduction on the agenda of the September 3, 2008 Council meeting, At that time, I should have a supporting memo including explanations to submit along with the formal ordinance. Written comments for the packet for the September 3, 2008 Council meeting are appreciated. 109 Ji Submitted by Council Member Molloy -Information Item for OS-20-OS Meefing -DRAFT KN1C ]..15.044 Agenda is repealed and re-enacted as follows: 1.35.040 Agenda and Packet - llevelopment - llistribution - Publication - Amendrrtent. (a) The Mayor or other Council member may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council member may request a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (c) For Administration, the City Manager may propose an ordinance for introduction or a reso]ution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting, requested by the City Manager. For Administration, the City Manager may request that a matter be placed on the agenda of a regular Council meeting as a discussion item. (d) A member of the public may request that a latter be placed on the agenda of a regular Council meeting for comment or presentation, and the matter shalt be placed on the agenda of the regular Council meetng requested. (e) A sponsor, all co-sponsors, or a requester may request that an item be removed from the agenda, before the agenda is published as provided in paragraph (g), and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. (f} The City Clerk shall prepare the agenda for each Council meeting, a$er consultation with the Mayor and City Manager, subject to paragraphs (a) through (e). A draft agenda shall be circulated to the Iviayor and other Council members, and the City Ivianager, before finalization. {g) Notice of the date, time, place, and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and at City Hall, with publication to be done no later than six (6) days prior to the date of the Council meeting, and posfing to be done no later than 5:00 p.m. seven (7) days prior to'the date of the Council meeting, in additSon, notice of the date, time and place of each Council meeting may be given by broadcast media. The date of the Council meeting shall not be counted for purposes of calculating these deadlines. (h) Once the final agenda is published as provided in paragraph (g}, no item .may be removed or added to the agenda except by majority vote of the Council members present at the meeting. (i} A meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, shall be distributed to the Mayor, other Council members, and the City lvfanager, by no later than 5:00 p.m, seven days priar to the date of the Council meeting. Distribution shall be by mail, unless th.e recipient opts for another method of distribution, such as personal pick up, electronic trail, fax or courier service. Fax or courier service is only available for recipients who will be out of the City of Kenai during the week preceding a Council meeting. -1- 110 Submitted by Council Member Molloy - Ireformation Item for 08-20-08 Meeting - LSR9,FT (j) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to fire Kenai Community Library, in order to be made available for public uiecving, by S:DO p.m. seven (7} days prior to the data of the Council meeting. The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request. At least one paper copy of the meeting packet shall be made available to the public at the meeting: (l:} Except for written public comment on agenda items, and emergency agenda item materials, any written material related to an agenda item that is submitted too late to be included in the meeting packet shall not be considered by Council members, unless such late materials are submitted to the City Clerk no later than 12:D6 p.m. the day before the meeting, and unless the Council affirmatively votes to add such late materials to the agenda item at the meeting. The city clerk shaL1 provide paper copies of such late material to the Comtcil, and shalt make paper copies of such late materials available to the public at the meeliug. The City Clerk also shall provide to Council, and make auailable to the public at the meeting, paper copies of written public comments on agenda items thaf are submitted too late to be included in the meeting packet. (1} .The Administration may develop policies and procedures to nnplement this section, subject to the review and approval of Council. 2. KMC 1.15.050 Order oFBusiness, pagagraph (c) is repealed. 2- 111 Chapter 1.15 RULES OF ORDER Sections: 1.15.010 Presiding officer. 1.15.020 City Clerk. 1.15.030 Public meetings. 1.15.040 Agenda. 1.15.050, Order of business, 1.15.060 Motions. 1.15A70 Ordinances-Procedure in passing. 1.15,080 Resolutions. 1.15.090 Ordinances and resolutions. 1.15.100' Speaking. 1.15.110. Voting. 1.15.120 Rules of order. L15.130 Telephonic participation. 1.15.010 Presiding officer. (a) The Mayor shall preside at all meetings of the Council. He shalt preserve order and decorum among the Council Members and is responsible for conduct of all meetings in compliance with these rules. He may, at any time, hake such reasonable action as he deems proper to preserve order among the spectators in the Council Chamber during sessions of the Council He may speak to points of order in preference to other members, and shall decide atl points of order, subject to appeal to the Council by motion duly seconded as herein provided He may participate in the debate on any matter. He may, at anytime, call any member to the Chair during any meeting, such substitution to discontinue when he elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. (b) In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may call the Council to order at any regular or duly called special meeting to elect a president pro tempore from among its 5 112 1.15.010 ntimbers; and the president pro tempore shalt exercise all powers of Chairman during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council, (KC 1-8) L1,5,D20 Cfly Clerk. (KC 1-9, Repealed Ord. 794) 1.15.030 Public meetings. All meetings of the Council shall be open to the public, and all actions of the Council shalt be taken in public meetings. However, the members of the Council sitting as the committee of the whole and any other committee of the Council may hold private meetings, as provided by the City Charter, Section 2-6. The Council, by a vote of five (5) members, may resolve itself into gxivate committee of the whole by adopting a motion that the Council resolve itself into private committee of the whole; and the Mayor or any four (4) Councilmen may call a meeting of the private committee of the whole when the Council is not in session. (KC 1- 10) 1.I5.040 Agenda. Thr_, avrnria fer ea„h APti,. ,.F tHo r: "a__-__ .._..~ .,g , ., ,iy Council shall be prepared by the City Clerk after consultation with the City Manager and the Mayor. Such agenda shall be distributed by the City Clerk to each member of the Council at least twenty-four (24) hours prioz to the meeting, and no further items shalt be added to the agenda except by majority vote of the Councilmen present at a meeting. (KC 1-I l; Ord. 755) 1.15.050 Order of business. (a) The order of business for every regulaz meeting of the City Council may be outlined on an agenda deemed to be most effective for regular Council meetings. The order of business may be specified by a written agenda or calendar or other customary designation for scheduling of the order of business, (Kevai Stipp, la. 86, iZ-os) ~; F Lls.aso (b) A guide for the Council's agenda, but not a mandatory format for the order of business, can be as follows: (1} Roil Call: Agenda approval, wnsent agenda; (2) Public Hearing (for ordinances or programs as announced); (3) Persons Scheduled to be Heard; {4} Correspondence (reading verbatim not required if copies distributed to the oniire Council); (5) Old Business; (6) New Business; (7) Reports; (8} Persons Present but not Scheduled to be Heard. (c) The Council's agenda may be prepazed by an appropriate administrative officer and when so prepared shall constitute the agenda for that meeting: Agenda for special meetings will usually not include as many subjects as agenda for regular meetings. (KC 1-12; Oxds. 212, 413) 1.IS.fl60 Motions. (a) A mofion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained. (b) No appeal from any decision of the presiding officer shall be entertained unless it is seconded, and no other business shall be in order until the question on appeal has been deoided. The question on appeal is net debatable and shall be put as follows: "Shalt the decision of the Chair stand as the judgment of the Council7" ]t shall be deemed to be decided in the affirmative unless a majority of the votes given are to the contrary. (c) Any member may make a parliamentary inquiry of the Chairman at any time during the meeting. . (d} Any member may make a point of order without a second at any time. The presiding offrcer may speak to points of order in (Kenai Supp. No. 86, l2-OS) (e) (i7 (g) ~) 113 preference to other members, and shall decide all such questions, subject to appeal to the ~ Council by motion duly seconded; and no other business shall be in order until the question on appeal has been decided. When the previous question is moved by any member, all debate on the main question shall be suspended immediately and the presiding officer shall put the question to the following form: "The previous question is moved an (specifying the motion on which the previous question is demanded). As many as are in Favor of ordering the previous question will so indicate.°' If four (4) members vote affirmatively, the affrmative has it, the previous question is ordered, and the Chairman will proceed immediately to put to a vote the question on which the previous question was ordered, If less than four (4} members so indicate, the negative has it, the motion is Iost, and the question reverts to the immediately pending question, which is again open to debate and amendment as if the previous question has not been demanded. The presiding officer shall put all questions in the order in which they are moved unless a subsequent motion shall be provious in its nature, except in narm~rg sums and : xing times, the largest sum and the longest time shall be put fizst. When a vote has been taken, any member who voted on the prevailing side may move a reconsideration thereof at the same meeting or at the next succeeding meeting whenever motions aze in order, provided that the subject matter has not passed out of the control of the Council, A motion to reconsider requires four (4) votes; if such mofion thus prevails, the subject sha1I be open to debate. and amendment in the same manner as the original question. Debate on motions to reconsider shall ba limited to twenty-five (2s) minutes, and no member shall speak more minutes) if afforded for compliance with Phis Wile. (j) Any previous vote may be rescinded by vote of four (4) members of the Council at any time, pmvided the subject matter has not passed out of the control of the Council. (k) Alt motions shall require a second, unless otherwise provided. (I) Any member may require the division of a question when the sense of it will admit. (m) When a question is under debate, the presiding officer shall receive any of the following mo- tions but no other: (1) To adjourn; (2) To recess; (3) To raise a question of privilege; (4) To call for the order of the day, or the regniar order; ' (5) To lay on the table; (6) For the previous question; {7) To limit or extend limits of debate; (8) To postpone to a certain time; (9) To refer; (10) To postpone indefinitely. (n) When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made; and in proceedig to vote, rations pending shah be put in tlie order of their rank as above arranged. The first seven (?) are not subject to debate. A motion to postpone to a cenain time, refer, amend, or to postpone indefinitely may be amended; the previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in other provided that business of a nature to be recorded in the jour- nal has been transacted since any previous motion to adjourn has been defeated. No mo- tion or pmposition of a subject different to that under consideration shalt be admitted under color of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, ar at 1.15.060 7 any time subsequent thereto, be in order upon the colt of any member, and take precedence over ail of the business. (o) After a motion is stated or read by the presid- ing officer, it shall be deemed to be in the pos- session of the Council, and shall be disposed of by vote, but the mover may withdraw it at any time before decision or arnendmene, by consent of the second. (KC I-I3; Ord. 556) 1.15.070 Ordinances-Procedure in passing- (a) Every ordiranca shall be introducedrn writing and shall be orally read before any vote for passage thereof is taken. After passage on first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with a notice of the rime and place when and where it will be given n public hearing and be considered for final passage. The first such publication shall be at least five (5) days prior to the time advertised for public hearing. (b) At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time br adjourned, all per- sons interested who appear shall he given an opportunity to be heard. Before the hearing begins, the ordinance shall be read a second fime by title or in full. {c) After such hearing, the Council may finally pass such ordinance with or without amend- ments, The vote on final passage shall be by roll call, and the vote shalt be entered in the journal, (d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may >x; fmally passed on the same day that.it is intro- duced. By unanimous consent of all Council- men present, such ordinances may be read a second fime and then, by the required vote, be passed on the same day on which they are introduced. All persons present shall be given 114 1.15.D10 an oppomrnity to be heard before the vote on final passage. (e) After final passage, every otdinance shall be published by posting it in full on the Council bulletin board. (f) Emergency ordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time. Ail other ordinances shall go into effect one month after passage and publication unless they specify a later time, or unless they are referred to the voters by the referendum. {g) Within a reasonable time after final passage of an ordinance, the City Clerk shall cause it to be recorded and indexed with the other ordinances of the City. . (KC 1-14} 1.15.080 Resolutions. (a) Every resolution shall be introduced in writing and shall be orally read before any vote far passage thereof is taken. (b) On any vote for passage of a resolution, all persons interested who appear shall be given an opporiwrity to be heard. After such hearing, ffie Council may finally pass such resofufion with or without amendments. First reading of any resolution shah be final and no further passage shall be tzquired. After final passage, every resolution shalt be posted in full on the Council bulletin board. Every resolution, unless it shall specify a later date, shall become effective upon final passage. (KC i-IS) LI5.090 Ordinances and resolutions. Oral reading in full of an ordinance or resolu- tion may be waived by unanimous consent of all Councilmen present, but in such case the ordinance or resolufion shall be read by flt[e. (KC 1-16) 1.15.100 Speaking. (a) A member about to speak shall respectfully address the Chair, and shall not pommence to speak until recognized by the presiding officer. When bvo (2) or more members request to speak at the same time, the presiding officer shall determine which one is recognized. (b} Every member while speaking shall confine himself to the subject under debate, shall re- frain fmm personalities, and shall not refer to any other member of the Council except in a respebtful manner. (c) UNess a member who has the floor yields for tltatpurpose, no member shall interrupt another while speaking, except m propound a parlia- mentary inquiry or make a point of order. (d} No member shall speak mere than twice or for more than ten (10) minutes continuously to any one question, except that one or more addifion- ai periods of Yen (IO) minutes may be granted by unanimous consent. The reading of papers desired by any member shalt tie read by him- self or herself or by the City Clerk within the member's time limitation unless permission for the Clerk to read such paper outside the time limitation is unanimously granted. (KC 1-17) 1.15.110 Voting. (a} The presiding of cer shad u'eciare ail votes; but, if any member doubts a vote, the presiding officer, without further debate upon the ques- tion, shall request the members voting in the affirmative and negative respectively to indicate by show of hands, and he shall declare the result. (b) In all meetings of the Ciry Council, the vote shall be taken by yeas and nays on the passage of ail ordznances, resolutions, and authoriza- tions far the payment of money, and on the passage of any motion, order, or resolution when called for by any member of the Council, and such yea and nay vote of each member shall be permanently entered on the record of the pmceedings of the Council by the City Clerk. Other voters may be by voice ar show of hands. s 115 r l.ls.llo (~) (d) (e) No member shall vote on any question in which he is pecuniarily interested directly or indirectly aad in which his vote may be deci- sive, except as herein set forth. Should any member desire to intend to have business dealings with the City whereby he may derive income and benefits other than those provided as remuneration 1`ar his official duties, he sha1F file with the City Clerk, in such farm as the Clerk may prescribe, a statement under oath which shall include the nature of the proposed transaction and the extent of the in- terest, direct or inducer, which said officer or employee has in said transaction. The City Clerk shall publish a copy of such statement in a newspaper of zhe City qualified by law to publish legal notices if one is published in the City and shall, in addition, pose a copy of said statement on the Council bulletin board. The cost of said publication shall be borne by the member who desires to enter into the transac- tion, and the City Clerk may require a deposit to insure payment thereof. The Council shall take no action with regard thereto until at Least ten (10) days shall have elapsed after khe filing of the statement by the member and un- til at least seven (7) days shall have elapsed after tl'ie publis;dng and posting of said state- ment as required herein. (See also Chapter 1.85.) Every member who shall be present when a question is put, when he is not disqualified by personal interest, shall vote, unless the Coun- cil far special reason excuses him. Applica- tions to so excuse must be made before the vote, and sha[1 be decided without debate. Anything co the contrary in these rules noC- withstand'tng, in all cases where an extraordi- nary majority is not required, and when no motion is before the Council, the Chairman may, in lieu of cal(irg for or waiting fora mo- tion to be made, put the question in the fol- lowing form; "WiChout objection, it wi116e so ordered." If no objection is heard, he shall announce: "It is so ordered," which will have the same effect as if a motion to that effect has been made and voted upon favorably. if a single objection is reasonably expressed when the question is put, the Chairman shall not proceed further under this rule, but instead shall call for a motion, which motion shall be handled in the regulaz manner. {KC 1-18} 2.15.220 Rules of order. (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writ- ing as anon-emergency ordinance, and may be passed in the same manner as other non- emergency ord'utances. (b) In all matters of partiamentary procedure not covered by these rules, Robert's Rules of Qr- der as revised at the time of the passage of this chapter shall be applicable and govern. (c) The Council rules shalt be observed in ail. cases unless suspended temporarily for a spo- cial purpose of an emergency nature by a vote of five (5) members present. Any member may move, at any time, for the suspension of any rule, and such motion must 6e seconded to entitled is to wnsideration. (d) If any member, in speaking or otherwise, ta~ansgesses the rules of the Council. the pre- siding oi'fic~ shall, or any member may, call him to order; in which case the member so called to order shall immediately cease dis- cussion unless permitted by the presiding of- ficer to explain; and the Council, if appealed tq, shall decide the question without debate. If the decision be in favor of the member so called to order, ha shall be at liberty to pro- ceed; if otherwise, he shall not proceed with- out leave of the Council to proceed in order. (KC I-19) 9 116 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the mem- ber daclazes that circumstances prevent physicat attendance at the meeting. If the {Komi Supry. Nc. 41, 607) 1.15.130 Mayor chooses to participate via telephone, the vice-mayor or president pro tempore shall preside. (b} No more Chan the first two (2) rnernbers to contact the Clerk regarding telephonic par- ricipation in a particular meeting may partici- pate via telephone at any one (t) meeting. (c) The member shall notify the Clerk and the presiding affioer, if reasonably practicable, at least seven {7) days prior to a oauncil meet- ing, but not less than forty-eight (48) hours in advance of a meeting [haC the member pro- poses to attend by telephone, Such notifica- tion shall be provided in writing- (facsimile and/or electronic transmission included}, state whether such telephonic participation is pur- suant to subsection (n) or (o), and shall pro- vide the physical address of the location, the telephone number, and any available facsim- . ila, email, or other document transmission service. Failure to provide the notification in wrking and within the period of time pro- vided herein shall result in the member's ex- clusion from attendance of a council meeting khrough telephonic participation, Upon writ- ten notificaCion of the member(s) wishing to participate telephonically (within the allotted tin-~efranie), tree Clerk shall notify all council members of the request. (d} At the meeting, the Clark shah establish the telephone connection when the call to order is inuninent. (e) A member paeticipating by telephone shall be counted as present for purposes of discussion and voting. (t) The member participating by telephone shat[ make every effort to participate in the entire meeting. From Cime to time during the meet- ing, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the presiding officer to the ,same extent as any other member. (h} To the extent reasonably practicable, the Clerk shall provide backup materials to mem- (Keno Supp. 4n. 91, 607) I tiers participating by telephone at the mem- ber's expense. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall com- mence or continue as scheduled and the Clerk shat( attempt to establish or restore the con- nection. Q) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall. be allowed for regular, special and work session meetings of the Couneih (1) Remarks by members participating by tele- phone shalt be transmitted so as to be audible by ail members and the publicrn attendance at the meeting, provided that in executive ses- sion the remarks shalt be audible only to those included in [he executive session. (m) As used in these rules, "telephone" means any system far synchronous two (2} way voice communication. "Mayor" includes the vice- mayor or any other member serving as presi- denC pro tempore. (n) Each Council member may attend a maxi- mum of` two (2) meetings by teleconference during the twelve (12) month period starting ovember 1st of each year. (o} A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starring November Ist of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical. care and treatment of the member or mem- ber's immediate family. 117 i 1.15.130 (p) In this section, "immediate family" means the spouse of the person, another person cohabi- tating with the person in a conjugal relation- ship that is not a legal marriage, a child (in- cluding astepchild or foster child) of the per- son, aparent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (q) Council members are responsible for any telephone long distance and/or back-up mate- zial transportation charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not con- sidered to be an City business merely by at- tendance at a Council meeting via telephone. Telephone Long distance and/or back-up ma- terialshipping charges may be deducted from the member's monthly stipend. (Ords. 2130-2005, 2168-200b, 2203-2006} f Y0-1 - (Kenxt Sapp. No. 41,6-09) 118 ` E~e~Iai Peninsula Bor®u~h Ate l~ ~ e~ August 19, 2008 - 7:00 p.m. Regular Meeting I3orougb Assembly Chambers, Sotdotna, Alaska A. CALL TO ORDER Grace Merkel Assembly Presldent Seat S-Sterling/Funny River Term Expires 2008 Pete Sprague Assembly Pice President Seat d - Soldotna Term Expires 2010 Paul Fisoher Assembly Member S¢at,.7-Central Term Expires 2010 Margaret Gilnzarz ,Assembly Member Seat 2 -Kenai Term Expires 2008 'KnaPP ,.... ambly Member Sear_ I - Kalifornsky Term Expfrzs 2009 Ran Lang Assembly irtember Seal 6 -East Peninsula Term Expires 2009 Milli Marttn Assembly ATember Seat,9-South Peninsula Ternz Expires 2009 Bill Smith Assemblytulember Seat 8- Honzer Term Expires 2008 Gary Superman Assembly Member Seat 3.- Nikislt! Term Expires 1010 August 19, 2008 B. PLEDGE OP ALLEGIANCE C. INVOCATION' D. ROLL CALL E. COMMITTEE REPORTS F. APPROVAL OF AGENDA AND CONSEIW"T AGENDA (All items Irsted with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. 'T'here will be no separate discussion of these items unless anAssembly Member so requests, in which case the itemwill be removed fromthe Consent Agenda and considered in its normal sequenoe on the agenda.) G. APPROVAL OF MIIQUTTES * 1. August 5, 2.00& Regular Assembly Meefing Minutes .......... 1 H. COMMENDIi~TG RESOLUTIONS AND PROCLAMATIONS I. PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. Chuck McGee, Census Partnership Specialist `.An Update on Census 2010 on the Kenai" (10 minutes) 2. Cential Peninsula General Hospital, Inc. Quarterly Report (10 minutes) J. PUBLIC COMMEl~TTS ON ITEMS NOT APPEARIItTG ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) K. REPORTS OF COMi1rIISSIC3N5 AND COUNCILS Page I of 6 119 L. MAI'OR'S REPORT ...................................................19 1. Agreements and Contracts a. Authorization to award contract to Bames Architecture, lne. for Professional 5ervicesfar Serenity House :..:....................20 b. Authorization to award contract to .Craig Taylor Equipment Cnmpauy, Inc. for Purchase of Landscaping Tractor and Equipment for I~TOrth Peninsula Recreation Service Area ..................... 2I c. Authorization to awaz~d contract to Peninsula Plumbing & Heating, Inc. far Borough Administration Building In-Slab Snowmelt System .........................................................22 d. Approval of contract to Rain Proof Roofing, LLC far Sterling Elementary Roof Repairs . . .... . ................ . ............. 24 e. Approval to waive formal bidding procedures and award a contract for Firefighter Physicals to Redoubt Medzcal Clinic ................ 25 2. Other a. IWiemorandum from Bonnie Golden, KPB Grants Manager -- KPB Grantees Year-End Reports ...... .............................27 b. Investment Portfolio Report -August 6, 2008 ......... . . .... . .... 46 M. N, ITEMS N(3T COMPLETEII FROM PRIOR AGENDA -None PUBLIC BEARINGS ON ORDLNANCES ('T'estimony Iimitedto 3 minutes per speaker) Ordinance 2007-19-55: Appropriating Supplemental Funding of $15,000 in the Fiscal Year 2008 Budget to Cover Costs in Excess of Budgeted Amounts for Purchase and Installation of Routing Equipment for the 911 Call Center (Mayor) (Referred to Finance. Committee) .... . ........:............... 48 2. Ordinance 2008-19-12: Appropriating $40,000 forthe Purchase and Upgrade of a Water Tanker by the Kaohemak Emergency Service Area (Mayor) (Referred to Finance Committee) ......................... . .......... 51 3. Ordinance 2005-24: Allowing for aLate-Filed Habitat Protection Tax Credit for Properties Exceeding the $300,000 Senior Citizen Exemption Where Construction VJas Commenced in 2005, 2006; or 2007 (Mayor) (Referred to Finance Committee) ...............................................54 August t9, 2008 Page 2 oF6 120 4.. Ordinance 2008-25; Authorizing theNegotiated Sale at Fair Market Value of Approximately 2;010 Square Feet of Traet A Moose Pass School Site According to Plat 74-483. to. Vern Kingsford (Long, Mayor) (Referred to Lands Committee} ................................................60 CD. Ula'P'INISFiED B[TSINESS - Nane P. NEW EUSTNESS Resolutions *a. Resolution 2008-066: Establishing Necessity for the Moose Range Meadows South Subdivision Utility Special Assessment District for Construction of a Natural Gas Main Line (Mayor) (Referred to Lands Committee) ....................:..........:................66 *b. Resolution 2008-069: Supporting Census 2010 (Mayor} (Referred to Policies and Procedures Committee) ....... . . . . ................. 89 *c. Resolution 2008-070: Setting the Meal Per Diem Rate at $50 (Mayor) (Referred to,Firiance Committee) .. . .................... . ....... 97 *d. Resolution 2008-0'71: Supporting Research, Analysis, and a Feasibility Study of a Sports Dome to Be Located in the Central Feninsula Area (Merkel) (Referred. to Policies and Procedures Committee) ...............................................99 *e. Resolution 2008-072: Presenting Late-Filed Senior Citizen Fxemntinrt Annlinatinns Filr.d ~i'er 7~rfnrel1 31 ~QQ~ for I:CCep:3n.Ce or Denial (Mayor) (Referred to Policies and Procedures Committee) ....................:...................................102 2. Ordinances *a. Ordinance 2008-19-14: Accepting and Appropriating a State Grant in the Amount of $26,500 for the South Kenai Peninsula Hospital Service Area for Diagnostic Hospital Equipment (Mayor) (Hearing an 09/d 6/08) (Referred to Finance Committee} :....................275 *b. Ordinance 2008-19-15: Appropriating $367,694.73 to the Special Assessment Fund far' Moose Range Meadows South Subdivision Natural Gas Line Utility Special Assessment District (Mayor) (Hearing on 09/16/08) (Referred to Finance Committee) ...........279 August t9, 2008 Page 3 of 6 121 *c. Ordinance 2008-19-16: Appropriating $100,000 to Cover Cost in ---.~~~'! Excess of BudgetedAmounts for Construction oftheNikolaevsk Fire Station (Mayor) (Shortened Hearing on 09!02/08} (Referred to Finance Committee) ...............................:........282 *d. Ordinance 2008-19-17: Authorizing the Acquisifian of Certain Real Property at Mile 26.5 Kenai Spur Hwy for Nikiski Fire Station No. 2 and Appropriating Funds (Mayor) (Hearing on 09/16108) (Referred to Finance Corrunittee) ......... . ............. . :..............285 *e. Ordinance 2008-26: Authorizing Conveyance of 0.49 Acres More or Less to the City of Homer (Mayor) (Hearing on 09/16/08) (Referred to Lands Committee) .. , ..... . . .......... . ............300 *f. Ordinance 2008-27: Allowing far aLate-Filed Real Property Tax Exemption for the Increase in Assessed Value of Improvements Located Within 150 Horizontal Feet from the Mean High Tide Line or Ordinary High Water Line of the Rivers and Streams Listed in KP$ 5.14.010 Directly Attributable to Alteration of the National Features of the Land, or New Mainfenance, Repair or Renovation of an Existing Structure, and'i'hat Meets the Criteria for a Fish Habitat and Restoration Project Described in KPB 5.14.040, for Properties Exceeding the $300,000 Senior Citizen Exemption. Where .Construction Began in 2004, 2005, 2006 or 2007 (Mayor) (Hearing on 09/16/08) (Referred to Finance Committee) ...................306 3. Other *a. Petition to v acate a Portion of,iasper bane, a 30-Foot half Right•of -Way Dedicated on the West Boundary of Lots 8 and 9 Block 4, by Inlet Glen Subdivision (Plat KN 85-97); Adjacent to the East Boundary of Government Lot l2 .and Any Associated Utility Easements, Within Section 14, Township 5 North, Range 12 West, Seward Meridian, Alaska; and Within the Kenai Peninsula Borough; KPB File 2008-156 (Referred tp Lands Committee} ...............311 jClerk's Note: The Planning Carrimission approved the above referenced uacation by unanimous consent at its regularly scheduled Tuly 21, 2008 meeting.) b. Approval of Ballot Proposition Sununaries (Referred to Policies and Procedures Committee) ...:' .................................330 Proposition 1: Sales Tax Initiative Q. August 19, 2068 PUBLIC COlViMENTS Al'SD PUBLIC PRESEIV°I'ATIOI~TS (3 minutes per speaker} -- Page 4 of 6 122 dL ASSEMBLY MEETdNG AND IiE.ARIN~G ANNOiI.wCEME1S'TS September 2, 2008 Regular Assembly Meeting 7:00 PM Soldotna S. ASSEMBLY COMMENTS fi. PENd3dNG LEGISLATIOllI (This item lists legislation which will be addressed at a Inter date as noted.} I, Resolution 2007-051: Approving Plans for Participation in the Fiftieth Anniversary of Alaska Statehood Celebration {Mayor) (Referred to Policies and Procedures Committee) 7"abled on 1 U20/07 2. Ordinance 2008-19-03: Accepting and Appropriating a State Graztt in the Amount of $550,000 far the N,ikiski Fire Service Area for Purchase of a Fire Engine (Mayor) (Hearing on 09102/08) (Referred to Finance Comrittee) 3. Ordinance 2008-19-04: Accepting and Aupropriating on Behalf ofNikiski Fire Service Area a Grant in the Amount of $6,375 from the AIaska Department of?Vatural Resources'(Mayor) {Hearing on 09/02/08) (Referred to Finance Committee) 4. Ordinance 2008-19-05: Accepting and Appropriating on Behalf of Central Bmergency Services a Grant in the Amount of $7,000 from the Alaska Department of Natural Resources {Mayor) {FIearing on 09102/08) (Referred to Finance Committee) 5. Ordinance 2008-1.4-06: Accepting and Appropriating a State Grant in the .amount of $750;bQ0 for Fir.° Fighting dater Supply Points for Central Emergency Services ("CES") (Mayor} (Hearing on 09/02/08) {Feferred to Finance Committee) 6. Ordinance 2008-19-07: Accepting and Appropriating a State Grant in the Amount of $505,000 for School Equipment and Supplies (Mayor} (hearing an 09/02/08) (Referred to Finance Committee} 7. Ordinance 2008-14-08: Accepting and Appropriaring on Behalf of Bear Creek Fire Service Area a Grant•in the Amount of $9,693 from the AIaska Department of Natural Resources (Mayor} (blearing on 09/02(08} (Referred to Finance Committee) 8. Ordinance 2008-19-09: Accepting and Appropriating a State Grant in The Amount of $55,000 for the Bear Creek Fire Sen~ice Area Multi-Use Facility (Mayor) (Hearing on 09/02/08) (Referred to Finance Committee) August 19, 2008 Page 5 of 6 123 9. Ordinance 2008-19-10; Accepting and Appropriating a State Grant in the -- Amount of $475,000 for the North Peninsula Recreation Service Area Community Recreation Center (Mayor) (Hearing on 09/02/08) (Referred to Finance Committee) 10. Ordinance 2068-19-11; Accepting and Appropriating $6,875,000 from the State of Alaska for Capital Improvement Projects for the Road Servioe Area (Mayor) (Hearing on 09/02108} (Referred to Finance Committee) 11. Ordinance 2008-19-I3: Accepting and Appropriating a Grant from the State of Alaska ix the Amount of $27,294 for the Borough Coastal Management Program's Coastal Erosion Study (Mayor} (Bearing on 09102/08} (Referred to Finance Committee} I2. Ordinance 2008-23.: Amending Paragraph 1 of KPB S.h2.105(I}, Hardship Exemption, to Extend the Application Deadline from May 15 to July 2 (Mayor} (Heazing on 09/02/08} (Referred to Policies and Procedures Committee) U. INFCIRMATIOld?4L MATERIALS AND-REPORTS V. NOTICE OF NE~iT MEETING AI~'D ABJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on September 2, 2008, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), ICBBI-AM 890 {South Peninsula), K201AD-FM 88.1(6ast Peninsula), Copies of agenda items are available at the Borough Clerk's Once in the Meeting Room just prier to the meeting. fior further injormaiian, please call the Clerk's ice at 714-2160 or toll free within fhe Borough at 1-800- 478-4441, Ead. 2130. VisiT our website at www:baraugh.kenai.ak us for copies of the agenda, meeting summaries, ordinances and resaluttons, August 19, 2048 Fage 6 of 6 124 ACTION AGENDA KENAI CITY COUNCIL -REGULAR MEETING SEPTEMBER 1?, 2®08 ~:®® P.M• KENAI CITY COUNCIL CHAMBER5 http: (/ wvaw. ci. kenai. ak.u s ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 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 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 Ceneral Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) D'Anna Gibson and Brad Nyquist -- KCHS Nordic Ski Team. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) PASSED. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: At the June 4, 2008 council meeting, Ordinance No. 2314-2008 was postponed to August 6, 2008. At the August 6, 2008 meeting, the ordinance was postponed to the September 3, 2008 meeting. At the September 3, 2008 meeting, the ordinance was postponed to September 17, 2008. The motion to approve is active.) a. Substitute Ordinance No. 2314-2008 -- amending KMC 23.55.020 Providing for the Addition of Steps DD and EE to the City of Kenai Salary Schedule. 2. PASSED UNANIMOUSLY. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation & Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. 3. PASSED UNANIMOUSLY. Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitation 8v Conservation Capital Project Fund for Tidal Marsh Rehabilitation. 4. 'PASSED UNANIMOUSLY. Ordinance No. 2345-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Soccer Park Capital Project Fund for a Soccer Park Maintenance Building. PASSED UNANIMOUSLY. Ordinance No. 2346-2008-- Increasing Estimated Revenues and Appropriations by $73,030 in the Dune Rehabilitation & Conservation Capital Project Fund for Constructior_ of Elevated Walkways and Fencing. 6. Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -Development-Preparation-Distribution- Publication-Late Materials. a. POSTPONED -- WORK SESSION SCHEDULED FOR 5:30 P.M., OCTOBER 15, 2008. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -Development-Preparation-Distribution- Publieation-Late Materials. 7. PASSED UNANIMOUSLY. Ordinance No. 2349-2008 -- Amending the Kenai Zoning Code at KMC 14.20.180 to Prevent the Same or Substantially Similar Variance Permit Applications From Being Considered by the Planning & Zoning Commission More Than Once in Any Nine Month Period. Resolution No. 2008-54 -- Establishing the Lower River Drift Boat Pull- out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010. (Clerk's Note: At the August 20, 2008 council meeting, Resolution No. 2008-54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. The motions to approve and amend are active. a. PASSED UNANIMOUSLY. Substitute Resolution No. 2008-54 -- Requesting the State of Alaska Establish the Lower Kenai River Drift Boat Pull-Out Project as a High Priority for State and Federal Funding. 9. Resolution No. 2008-55 -- Supporting the Creation of a U.S. Department of Peace. (Clerk's Note: At the September 3, 2008 council meeting, Resolution No. 2008-55 was postponed with no time certain.) a. PASSED UNANIMOUSLY. Substitute Resolution No. 2008-55 -- Supporting the Concept of Peace Both in the World and Locally. 10. PASSED UNANIMOUSLY. Resolution No. 2008-58 -- Rescinding and Replacing the City of Kenai Retention Schedule. ITEM F: MYNUTES 1. APPROVED. *Regular Meeting of September 3, 2008. ITEM G: ITEM H: 1. APPROVED. Bills to be Ratified 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. 4. APPROVED. Approval -- October 7, 2008 City of Kenai General Election/Election Board Members. 5. APPROVED. Discussion/Approval -- City Manager Contract. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. 'Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning ~ Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee YTEM J: REPORT OF THE MAYOR ITEM K: ADMINYSTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: Citizens (five minutes) Council ITEM M: PENDYNG LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolutioaa No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the September 3, 2008 council meeting, Resolution No. 2008-47 was postponed to October l5, 2008. The motion to approve is active.) ADDED -- EXECUTIVE SESSION -- Personnel Matter ITEM N: ADJOURNMENT CITY OF KENAI NOTICE OF PUBLIC HEARING AUGUST 20, 2008 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of August 20, 2008. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. (Clerk's Note: At the July l6, 2008 council meeting, a motion to approve Ordinance No. 2328- 2008 was made; the ordinance was postponed to August 6, 2008; at the August 6, 2008 meeting, the ordinance was postponed to August 2Q 2008. The motion to approve is active.) 2. Ordinance No. 2335-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Training. 3. Ordinance No. 2336-2008 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Airport Fund and by $200,000 in the Runway Improvement Capital Project Fund for Capital Improvements. 4. Ordinance No. 2337-2008 -- Increasing Estimated Revenues and Appropriations by $500,000 in a Drift Boat Pull Out Capital Project Fund and Decreasing Estimated Revenues and Appropriations by $500,000 in the Street and Sewer Capital Project Fund for Public Improvements. 5. Resolution No. 2008-53 -- Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs - 2008 for the Total Amount of $51,430.00. 6. Resolution No. 2008-54 -- Establishing the Lower River Drift Boat Pull-Out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City CouncIl, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances may be amended by the Council prior to adoption without further public notice. MAKE PACK 1' COUNCIL PACKET DISTRIBUTION I COUNCIL MEETING DATE: / / ~ Ma or/Council Attorne Ta for/Sprin er Clerk / Cit Mana er Kebschull/Carver Police De artment ® Finnnce ,~ En ineer Senior Center ® Air ort / Kim Librar Parks & Recreation ® Clarion Fire De artment Schmidt Mellish Student Rep. ,/ KSRM AGENDA DISTRIBUTION I Sewer Treatment Plant ~ ~ Streets Sho Dock Building Maintenance Animal Control Water/Sewer ' ~ Counter I I DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's O$fiice will pick their packet up in my office. The portion of the agenda published by the Clarion should be emniled as soon ns possible on packet day. The camera-ready agenda c:/myfilesldocuments/minutes/agenda form for paper) is emailed to Denise at Peninsu/o C/arion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Nome 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 as soon as possible before leaving the office for the weekend.