Loading...
HomeMy WebLinkAbout2009-01-21 Council PacketAGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 21, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Jennifer Olendorff, Program & Grant Coordinator/Peninsula. Smokefree Partnership -- Teens Against Tobacco Use (TATU) Presentation ........................ TEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 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........ 4 a. Ordinance No. 2347-2008, Substitute A -- 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 .............................. 24 (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are on the table: The original Ordinance No. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to move Substitute Ordinance No. 2347-2008 is on the table from the September 17, 2008 meeting; a motion to postpone (with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was held on October 15, 2008.) b. Ordinance No. 2347-2008, Substitute B -- 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 .............................. 57 (Clerk's Note: Procedure -- One of the three following motions: -- A motion to remove from the Table the original Ordinance No. 2347- 2008; --A motion to remove Ordinance No. 2347-2008, Substitute A; --A motion to adopt Ordinance No. 2347-2008, Substitute B; OR, -- No action would leave Ordinance No. 2347-2008 on the table.) 2. Ordinance No. 2373-2009 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 9-13 Block 12, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-102-23 Through 039-102-27), to Habitat for Humanity for Construction of Housing............................................................ 70 3. Ordinance No. 2374-2009 -- Increasing Estimated Revenues and Appropriations by $130,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Replacement of the Dry Pipe Sprinkler System at the City's Vintage Pointe Manor Congregate Housing Facility.......................................................................................................... 75 4. Resolution No. 2008-68 - Approving the Financial Disclosure Statement Form for City of Kenai Municipal Officers and Candidates Pursuant to KMC 1.85....... 86 (Clerk's Note: Resolution No. 2008-68 was postponed at the December 3, 2008 council meeting to allow for an ordinance to move forward, amending KMC 1.85.020 to change the threshold amount of income, business interests, Loans, trusts and other financial transactions that must be reported on the city's financial disclosure form from $1, 000 to $'5, 000 and incorporate those amounts into the Statement form.) Continuation of Liquor Licenses -- PROTESTS Amy Bowen, d/b/a One Stop Liquor Alaskalanes, Inc., d/b/a Alaskalanes Bowling Center • Kenai Landing Inc, d/b/a Kenai Landing ................................. 99 *Approval of Liquor License Renewals Peninsula Moose Lodge # 1942 BPO Elks Lodge #2425 The Rainbow Bar Kenai Golf Course PeninsulaOilers................................................................................... 100 ITEM F: MINUTES 1. *Regular Meeting of January 7, 2009............................................................... 103 ITEM G: ITEM H: NEW BUSINESS 1. Bills to be Ratified.......................................................................................... 122 2. Approval of Purchase Orders Exceeding$15,000.............................................. 123 3. *Ordinance No. 2375-2009 -- Amending KMC 23.50.010(c) Changing the Range that Police Trainees are Paid While at the Police Academy in Sitka from a Range 2 to a Range 2, Step F.......................................................................... 124 4. *Ordinance No. 2376-2009 -- Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund Fire Department for a State Grant............................................................................................................ 126 5. *Ordinance No. 2377-2009 -- Increasing Estimated Revenues and Appropriations by $200,500 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Construction ............................... 128 6. *Ordinance No. 2378-2009 -- Increasing Estimated Revenues and Appropriations by $5,417 in the General Fund for State Traffic Grant Overtime Expenditures................................................................................................. 130 7. *Ordinance No. 2379-2009 -- Authorizing a Budget Transfer of $10,000 From the General Fund Parks to the General Fund Non -Departmental and Increasing Estimated Revenues and Appropriations by $10,000 in the Dunes Rehabilitation Capital Projects Fund for Protective Fencing ............................... 131 8. *Ordinance No. 2380-2009 -- Appropriating $325,000 From Airport Funds to Purchase Certain Improvements on Property Known as Tract A-1-A, Baron Park Subdivision, Fire Addition From the University of Alaska .................................. 135 9. Discussion/Approval -- Authorization of Rezoning Application/Properties Along the Kenai Spur Highway Corridor Consistent with the Comprehensive Plan Goals and to Provide Development Options for Those Properties (From Rural Residential 1 and Conservation to Limited Commercial) ........................... 136 ITEM I: 1. Council on Aging............................................................................................ 184 2. Airport Commission................................................:......................I................ 188 3. Harbor Commission....................................................................................... 192 4. Library Commission....................................................................................... 197 5. Parks 8s Recreation Commission..................................................................... 201 6. Planning & Zoning Commission...................................................................... 206 7. Miscellaneous Commissions and Committees a. Beautification Committee........................................................................... 213 b. Alaska Municipal League Report .................................................... - ............. c. Mini -Grant Steering Committee...................................................... ............ d. Advisory Cemetery Committee.................................................................... 216 e. Kenai Convention & Visitors Bureau........................................................... f. Salmon Task Force..................................................................................... 219 ITEM J: REPORT OF THE MAYOR ........................................................ ITEM K: ADMINISTRATION REPORTS 1. City Manager................................................................................................. 223 2. City Attorney.................................................................................................. 232 3. City Clerk...................................................................................................... ITEM L: DISCU! 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR I) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI budget process.) EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT INFORMATION ITEMS JANUARY 21, 2009 1. 1/21/2009 Purchase Orders Between $2,500 and $15,000 for council review.... 2. l/ 14/08 Kenai Fire Department Letter of Recognition/Engineer John Harris, Captain Mark Anderson and Captain Tony Prior ............................................... 237, 3. 12/31/08 Planning &, Zoning Reports: -- Summary of 2008 Code Enforcement Activity. -- 2008 Planning & Zoning Resolutions ...................................................... 238 4. 2009 Alaska Amended Gaming Permit Application -- Senior Connection, Inc...... 245 5. 12/08 Alaska Business Article, Kenai, Seward, Homer, Soldotna -- Growing Bigger and Better in Every Way ........................................................................ 246 6. 1/20/09 Kenai Peninsula Borough Assembly Meeting Agenda ........................... 251 JANUARY 21, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS/CHANGES TO THE PACKET ITEM REQUESTED BY: ADD TO: E-1(b), Ordinance No. 2347-2008, Substitute B -- Updated comparison table submitted by Counselor Molloy. CITY CLERK ADD TO: E-2, Ordinance No. 2323-2009 -- Suggested amendment to paragraph 2 of the 'now, therefore' paragraph. CITY MANAGER ADD TO: H-9, Discussion/Approval -- Authorization of Rezoning Application -- Kevin and Robin Dix email objecting to PZ09-01. CITY CLERK ADD TO: I-7a, Beautification Committee Report -- Application of Tricia Canady for appointment consideration. MAYOR PORTER CONSENT AGENDA No changes. MOVING ITEM H-9 -- DISCUSSION/APPROVAL -- Authorization of rezone application -- request it to be moved and heard p rzor to the public hearing items. (The item was not advertised as a public hearing, you are just moving it forward to dispense of it at the beginning of the meeting.) ITEM E-5, CONTINUATION OF • •-PROTEST Request an update from the City Clerk ... there will be an amendment requested. HARBOR COMMISSION -- Letter of resignation included in the packet from Dennis Gregory who resigned from both the Harbor Commission and the Advisory Cemetery Committee. Request a thank you letter be sent to Mr. Gregory. PARKS & RECREATION COMMISSION -- Fina Keifer has submitted her updated application -- reappoint her if that is your intention. COUNCIL ON AGING -- The intention is for the Council on Aging to appoint Fiocla Wilson as an 'honorary member' which they have authority to do with the recent amendment to the by-laws. Mrs. Wilson first needs to be removed from the voting membership of the Council on Aging. Notify council you will be removing Mrs. Wilson from the regular membership and request a thank -you letter be prepared for to send to Mrs. Wilson. Gina Richards (KCHS), Breauna Blanning (KCHS), Saraya Coburn (KCHS), Megan Duwe (SCHY gradu- ate), Grace Olendorff (KCHS), Marquee Lucas (Skyview), Catherine West (SOBD, Jonathan Jester (SOFU), Theresa Rampona (Skyview), Kayla Schultz (Skyview), Caitlin Baalke (SCbM) Kemal City Council Meeting -1- Teens AgainstTobacco Use r, group created by the American Lung Association. TA.TU.'s main objective to educate youthand adults f 1.n 'i.; dangers of tobacco use and secondhand smoke, In 2006, Peninsula Smokefree Partnership recruited teens from Kenai Central High School, Soldotna High School, Skyview High School, and Kenai Alternative High School and trained them to become TA.T.U. peer educators. Our original group of 10 went into middle school health classes and presented their tobacco curriculum to hundreds of eager 7th and Sth graders senting all of our area high schools. In addition to presenting to middle school health classes, they have expanded their focus to include elemen- tary school presentations, high school presentations and community presentations. In addition, our group has become active in advocacy projects promoting a change in the social norm regarding tobacco and secondhand •, 11141MA;�F_ AV MY -11411 public on the dangers of secondhand smoke (SHS). ysure to SHS." Passive smoking is the third leading preventable cause of death in the #i non- smoker estimatedIt is thatonly 15% ofcigarette smoke gets inhaled bythe smoker. remaining 85% fingers in the air for everyone to breathe, SHS is especially harmful to children. Children who are exposed to SHS are more likely to experience respiratory infections,infections,and SIDS. According to the American 5ociety of Heabrng, Refrigeja�yng , and Air Conaitionin_q Engineers M5HAAE), there is no ventilation system that can fully protect from as- sociatedindoor exposureto bansmoking Evidence from peer -reviewed studies shows that smoke -free policies do not hav4 an adverse economic impact on the hospitality industry. LriarlyLiiitiLr r 51 Suggested by: Council Member Molloy \\ eb <=h of ciTY of KExAI r rr• AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the City in the City Council; and, WHEREAS, KMC 1.15 Rules of Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC 1,15 requires all meetings of the Council to be open to the public, actions of the Council be taken in public meetings, provides for an agenda for Council meetings, and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC 1.15 currently does not require any notice to the public or publication of the Council meeting agenda or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1.IS is notice of the proposed ordinances, and the sole requirement in KMC 1.15 for notice before Council's final vote is that, after passage on the first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage, with the first publication to be at least five (5) days prior to the time advertised for public hearing; and, WHEREAS, while the City of Kenai has practices for publication and notice to the public of the agenda items, it is in the best interest of the City of Kenai to establish written procedures and requirements for notice to the public and publication of the agenda for a Council meeting, and for making available to the public a meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, for the Council meeting, sufficiently in advance of the Council meeting in order to facilitate public participation in the City's business at the Council meeting; and, WHEREAS, KMC 1.15 currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption, or to request a discussion item for the agenda of a Council meeting, and to obtain the placement of such ordinance, resolution, or discussion item on the agenda of a Council meeting; and., New Text Underlined; [DELETED TEXT BRACKETED? IS Ordinance No. 2347-2008 Page 2 of 4 WHEREAS, KMC 1.15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for scheduled public comment or presentation by the requesting member of the public; and, WHEREAS, while the City of Kenai has practices for preparation, distribution and publication of the agenda for Council meetings, including the processing of ordinances, resolutions, requests for discussion items, and requests for presentations and comments by members of the public, including placement of such items on the agenda of the Council meeting, it is in the best interest of the City of Kenai to establish regulations, policies and procedures for these matters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is hereby amended by repealing the existing KMC 1.15.040 and KMC 1.15.050(c) and re-enacting KMC 1.15.040 as follows: SECTION ONE KMC 1.15.040 Agenda is repealed and re-enacted as follows: [THE AGENDA FOR EACH MEETING OF THE CITY 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 PRIOR TO THE MEETING, AND NO FURTHER ITEMS SHALL BE ADDED TO THE AGENDA EXCEPT BY MAJORITY VOTE OF THE COUNCILMEN PRESENT AT A MEETING.] 1.15.040 AGENDA AND PACKET —PREPARATION-DEVELOPMENT- DISTRIBUTION-PUBLICATION-LATE MATERIALS [AMENDMENTil (al The Mayor or other Council member may sponsor an ordinance for (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 resolution 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. t The language in italics has been added since a draft of the ordinance language was placed in the packet for the August 20th meeting. The word `amendment' was deleted from the original version. New Text Underlined; [DELETED TEXT BRACKETED] -5- Ordinance No. 2347-2008 Page 3 of 4 (d)A member of the public may request that a matter be placed on the the requestor, for scheduled public comment or presentation bu the requestor, subject to policies and procedures adopted under paragraph (.l) below 2 and such item shall be removed from the agenda unless the item has been carried over or postponed from a previous agenda. M The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to Paragraphs (a] through (e) A draft agenda shall be circulated to the Mayor and other Council members and the City Manager, before finalization (R) Notice of the date, time place. and final agenda for each Council meeting of calculating these deadlines. members present at the meeting. fil The City.Clerk shall cause a copy of the meeting Packet to be posted on the Citv's web site and to be provided to the Kenai Community Library, in order to be 2 The language in italics has beenadded since a draft of the ordinance language was placed in the packet for the August 201h meeting. New Text Underlined; [DELETED TEXT BRACKETED) Mot Ordinance No. 2347-2008 Page 4 of 4 upon request by 5:00 p.m. six (6) daysprior to the date of the council m.eetina.3 At least one paper copy of the meeting packet shall be made available to the public at the meeting. ik) Except for written public comment on agenda items, and emergeney 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 Citv Clerk no later than 12:00 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 shall provide to Council, and make available to the public at the meeting, paper copies of written public comments on agenda items that are submitted too late to be included in the meeting packet. (1) The Administration may develop policies and procedures to implement this section, subject to the review and ipproval of Council. SECTION TWO KMC 1.15.050 (c) Order of Business, is repealed. [(C) THE COUNCIL'S AGENDA MAY BE PREPARED 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.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: September 3, 2008 Second Reading: September 17, 2008 Third Reading: January 21, 2009 Adopted: January 21, 2009 Effective: February 21, 2009 I The language in italicshas been added since a draft of the ordinance language was placed in the packet for the August 201� meeting. New Text Underlined; [DELETED TEXT BRACKETED) -7- �1/ M Wd TO: Mayor, Council Members, & Administration FROM: Bob Molloy DATE: 08/27/08 SUBJECT: Summary of P Voposed Code Changes Ordinance Draft This memo provides a summary of the proposed Code changes (other than the proposed changes in the ordinance's title). The proposed Code changes relate to the development, preparation, distribution, and publication of the agenda for City Council meetings, and also address late materials. The proposed Code changes do not affect the conduct of the Council meeting itself or any parliamentary procedures at the meeting. A. Development and Preparation of Agenda. The first sentence of the existing KMC 1.15,040 is: "The agenda for each meeting on the City Council shall be prepared .by the City Clerk after consultation with the City Manager and the Mayor." 1. The first sentence of proposed new KMC 1.15:040(f) states: "(f) The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e)." (Emphasis supplied), The "subject to" phrase is the proposed substantive change. The intent is that paragraphs (a) through (e) are Rules of Order to be followed in the preparation of the agenda for each Council meeting. 2. New Rules of Order paragraphs (a) and (b). While the Council as a whole executes the legislative power by a majority of 4 votes at the Council meeting, paragraphs (a) and (b) clarify that 4 votes are not required for the initial placement on the agenda of an individually sponsored legislative or policy discussion item. Paragraphs (a) and (b) establish in written Code the Mayor's and the individual Council member's right, as legislators, to sponsor a legislative or policy discussion item, and to obtain placement of their sponsored item on the agenda of the Council meeting requested by the sponsor. The "Council meeting requested by the sponsor" could be the next Council meeting or a later Council meeting agreed to by the sponsor with the Mayor and City Manager, given other business already scheduled, time sensitive nature, or other considerations. -1- in I .3. New Rule of Order paragraph (c). The City's Charter, Section 3-2(6), provides that the City Manager may make recommendations on matters of policy and other matters to the Council. Under the City's practice, the City Manager may propose an ordinance for introduction or a resolution for adoption, or request that a discussion item be on the agenda. Paragraph (c) establishes this practice in written Code. 4. New Rule of Order paragraph (d), Paragraph (d) has been re -written based on comments received; the new language is underlined. Paragraph (d) is directed at the "Persons Scheduled to Be Heard" portion of the agenda for scheduled comment or presentation by members of the public. The intent of paragraph (d) is to establish in Code what is basically the City's current practice for scheduled public comment or presentation, It is my understanding that the City Administration utilizes unwritten practices for processing such requests by members of the public, including screening for subjects exempt from public comment such as pending personnel matters, etc. The intent of the ending phrase "subject to policies and procedures adopted under paragraph (1) below" is that Administration will create written policies and procedures for processing such requests by members of the public, to be reviewed and approved by Council. The intent is that the public's right to free political speech on City business matters will be balanced with reasonable restrictions that will now be in written policy and procedure available for public notice and review (if this proposed change is adopted by Council), instead of being handled under the Adii+`Dlstrauon's unwritten practices. S. New Rule of Order paragraph (e), Paragraph (e) establishes that the Mayor or Council member who is a sponsor of an ordinance, resolution, or discussion item, or all co-sponsors of such items, may request that such an item be removed from the agenda, before the agenda is published, and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. .The intent of Paragraph (e) also is to establish that a requester may do the same, and have their item removed from the agenda, unless the item has been carried over or postponed from a previous agenda. Requesters include (1) the City Manager for Administration -requested ordinances, resolutions, and discussion items, and (2) a member of the public for the requested scheduled comment or presentation by that person or their organization. 2 B. Distribution of Agenda. The first part of the second sentence of the existing KMC 1.15.040 is: "Such agenda shall be distributed by the City Clerk to each member of the Council at ,least twenty-four (24) hours prior to the meeting . , . " 1. The second sentence of proposed new KMC 1.15.040(f) states: A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization." The intent of this substantive addition is to provide earlier notice to Council members of tentative agenda items so as to allow Council members the opportunity to see if their sponsored items are on the agenda and to communicate with the Mayor and Administration if their sponsored items are omitted from the tentative agenda, or if they want to either postpone their item to a future agenda or remove their item from the agenda (if not held over from a previous agenda, such as already postponed or tabled items). 2. New paragraph (i) provides that the meeting packet, containing the agenda etc., shall be distributed to the Mayor, other Council members and the City Manager at least seven (7) days prior to the meeting, instead of the one (1) day in current Code. S. New paragraph (i) also provides that this distribution would be by mail, unless the recipient opts for personal pick up or electronic mail, with fax or courier service "only available for recipients who will be out of the City of Kenai during the week preceding a Council meeting," C. Pub3icaton (and Posting of Agenda There is currently no Code requirement for publication or posting of the agenda. 1. It is my understanding that the City's current practice for publication is publication in the newspaper on Mondays for a Wednesday Council meeting, so there is notice published only two (2) days before the meeting date. New paragraph (g) would require publication of the agenda six days in advance, i.e., on the Thursday before the next Wednesday Council meeting. 2. It is my understanding that the City's current practice for posting to the City's web site is five (5) days in advance of the meeting date, i.e. by 5:00 PM on the Friday before the next Wednesday Council meeting. Paragraph (g) would require posting of the agenda (to the web site and at City Hall) seven (7) days in advance, i.e., on the Wednesday before the next Wednesday Council meeting. .3- Sm D. Distribution of Meeting Packet. There is currently no Code requirement for other distribution of the meeting packet, including agenda and supporting materials, to members of the public; or for providing for any other public access. 1. It is my understanding that the City's current practice is to post a copy of the meeting packet to the City's web site five (5) days in advance, i.e. by 5:00 PM on the Friday before the next Wednesday Council meeting. New paragraph 0) would require that the meeting packet be posted to the City's web site, and also be provided to the Kenai Community Library, in order to be made available for public viewing, by 5:00 p.m. seven (7) days prior to the date of the Council meeting, i.e., on the Wednesday preceding the next Wednesday Council meeting. 2. It is my understanding that the City's current practice is to provide paper copy of the meeting packet etc. to any member of the public, or to any organization, upon request, two (2) days in advance of the meeting date, i.e. on Mondays for a Wednesday meeting. New paragraph 6) would require that a paper copy or an electronic copy of the meeting packet be provided to any member of the public, or to any organization, upon request, by 5:00 p.m. six (6) days prior to the date of the Council meeting, i.e. on the Thursday before the next Wednesday Council meeting. 3. New paragraph 0) would also require that at least one paper copy of the meeting packet be made available to the public at the meeting. This could be done in the form of a 3-ring binder similar to the Council's binders. This binder could be shared by members of the public at the meeting. E. Late Materials. The last part of the second sentence of the existing KMC 1,15.040 is: 41 ... and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting." 1. The proposal made in new paragraph (h) is that once the final agenda is published, no item may be "removed or added" to the agenda except by majority vote of the Council members present at the meeting. 2. In addition, the subject of proposed new section (k) is late materials that become "lay downs." The proposed deadline is Noon the day before the Council meeting, except for written public comment on agenda items and emergency agenda item materials. F. The proposed change made in paragraph a) is that "The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council." .4- -11- G. Repeal of KMC 1.15.0501 1. The existing KMC 1.15.050(c) appears to conflict with KMC 1,15.040 in that paragraph (c) states in part that "The Council's agenda may be prepared by an appropriate administrative officer" while KMC .15.040 states that "The agenda . . . shall he prepared by the ity Clerk after consultation with the City Manager and the Mayor," A repeal of of KMC 1.15.050(c) eliminates this conflict. .5- -12- 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. 1.15.070 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. 1.15.130 Telephonic participation. 1.15.010 Presiding officer. (a) The Mayor shall preside at all meetings of the Council. He shall 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, take such reasonable action as he deems proper to preserve order among the spectators in the Council Chamher deirina sessions of the -P Council. He may speak to points of order in preference to other members, and shall decide all 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 1.15,010 numbers; and the president pro tempore shall 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) 1.15.020 City 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 shall 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 private 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) 1.15.040 Agenda. The agenda for each meeting of the City Comcil sha.li be prepared by the City Clerk atter 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 prior to the meeting, and no, further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting. (KC 1-11; Ord. 755) 1.15.050 Order of business. (a) The order of business for every regular 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. (Kasai Supp. No. 86,1285) -13- 1.15.Od0 (b) A guie C u cit's agenda, but not a trainmat O the order of business, cool b� us: (1) R1, h Ag nda approval, consent M P Sear' (for ordinances or pr as an 'ounced); Q) P ;cheo C d to be Heard; nden (reading verbatim not r if gc(gies distributed to the OD O less; I (6) N nessl�� 0) R (8',) P 're4tl ut not Scheduled to be (c) The Co ageI���may be prepared by an approp mini�6tive officer and when so pr all onstitute the agenda for that m Age for special meetings will us it in 1 de as many subjects as agenda liar meetings. (KC 1-112; O (e) 1.15.06,0 ME uns. I11 (f) (a) A mob nendj amendment shall be in order, otion j o amend an amendment to an ;nt slr 1 not be entertained. (b) No app n anv ecision of the presiding officer be q tertained unless it is second no oer business shall be in (g) order quo Dion on appeal has'been decide quesi�on on appeal is not debatab shall a put as follows: "Shall thte de of + Chair stand as the juidgm V Co cil?" It shall be deemed to be in tltle affirmative unless a rmajori he votes given are to the (h) (c) Amy may make a parliamentary imquirI Chai 1 an at any time during thae mee (d) Amy m may Make a point of order wuthout ad all afty time. The presiding otfficer peak, points of order in 0 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 on (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 affirmative 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 Lost, and the question reverts to the immediately pending question, whichis 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 previous in its nature, except in naming sums and fixing times, the largest sum and the longest time shall be put first. 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 are 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 motion thus prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debate on motions to reconsider shall be limited to twenty,five (25) minutes, and no member shall speak more Ha minutes) if afforded for compliance with this rule. Q} Any previous vote may be rescinded by vote of four (4) members of the Council at any time, provided the subject matter has not passed out of the coritrol of the Council, (k) All motions shall require a second, unless otherwise provided. (1) Any member may require the division of a question when the sense of it will admit. (in) When as question is under debate, the presiding officer shall receive any of the following mo- tions but no other: (1) To adjonm; (2) To recess; (3) To raise a question of privilege; (4) To call for the order of the day, or the regular 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 proceeding to vote, motions pending shall be put in the order of their rank as ahnvr. arranged. The first seven (7) are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended; the previous question may be demanded before an amendment, which.mation 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 adjoum,has been defeated. No mo- tion or proposition of a subject different to that under consideration shall be admitted under coior of an amendment. When a matter has been espec'MY assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall,, at the appointed time, or at 1.15.060 any time subsequent thereto, be in orderupon the call of any member, and take precedence over all 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 shalt be disposed of by vote; but the mover may withdraw it at any time before decision or amendment, by consent of the second, (KC 1-13; Ord. 556) 1.15.070 Ordinances —Procedure in passing. (a) Every ordinance shall be introduced in 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 time and Place when and where it will be given a 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 be adjourned, all per- sons interested who appear shall be given an uppe ry tc be heard, Before the hearing begins, the ordinance shall be read a second time 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 shall be entered in the journal. (d) No ordinance, except an emergency ordinance or an ordinance making, repealing; transferring, or otherwise changing appropriations, maybe finally 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 time and then, by the required vote,'be passed, on the same day on which they and introduced. All persons present shall be given 7 -15- 1.15.070 an opportunity to be heard before the vote on final passage. (e) After final passage, every ordinance shall be published by posting it in full on the Council bulletin board. (f) Emergencyordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect,immediately upon passage'urdess they specify a later time, All other ordinances shalt 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 for passage thereof is taken. (b) On any vote for passage of a resolution, all persons interested who appear shall be given an opportunity to be heard. After such hearing, the Council may finally pass such resolution with or without amendments, First reading of any resolution shall be firraf and no further passage shall be required. After final passage, every resolution shall 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 1-15) 1.15.090 Ordinances and resolutions. Oral reading in fall of an ordinance or resolu. don may be waived by unanimous consent of all Councilmen present, but in such case the ordinance or resolution shall be read by title, (KC 1-16) 1.15.100 Speaking. (a) A member about to speak shall respectfully address the Chair, and shall not commence to Speak until recognized by the presiding officer, When two (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 shrill confine himself to the subject under debate, shall re- frain from personalities, and shall not refer to any other member of the Council except in a respectful manner. (c) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parlia. mentary inquiry or make a point of order. (d) No member shall speak more than twice or for more than tan(10) minutes continuously to any one question, except that one or more addition- al periods of ten (10) minutes may be granted by unanimous consent The reading of papers desired by any member shall be read by him- self or herself or by the City Clerk within the members time limitation unless permission for the Clerk to read such paper outside the time limitation is unanimously granted. (KC M7) 1.15.110 Voting. (a) The presiding officer shall declare all votes; but, if any member doubts a vote. the nresirflno 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 City Council, the vote shall be taken by yeas and nays on the passage of all ordinances, resolutions, and authoriza- tions for 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 proceedings of the Council by the City Clerk -,Other voters may be by voice or show of hands. -16- (e) (d) (ej No member shall vote on any question in which he is pecuniarily interested directly or indirectly and 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 for his official duties, he shall file with the City Clerk, in such form 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 indirect, which said officer or employee has in said transaction. The City Clark shall publish a copy of such statement in a newspaper of the City qualified by law to publish legal notices if one is published in the City and shall, in addition, post 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 adeposit to insure payment thereof. The Council shall take. no action with regard thereto until at least ten (10) days shall have elapsed after the filing of the statement by the member and un- til at least seven (7) days shall have elapsed after the publishing 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 for special reason excuses him Applica- tions to so excuse must be made before the vote, and shall be decided without debate. Anything to the contrary in these rules not- withstanding, 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 calling for or waiting for a mo- tion to be made, Out the question in the fol- lowing form "Without objection, it will be so ordered." If no objection is heard, he shall announce: "It is so ordered," which will have E 1.15,110 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 regular manner. (KC 1-18) 1.15.120 Rules of order. (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writ- ing as a non -emergency ordinance, and may be passed in the same manner as other non - emergency ordinances: (b) In all matters of parliamentary procedure not covered by these rules, Robert's Rules of Or- 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 all cases unless suspended temporarily for a spe- 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 be seconded to entitled it to consideration. (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the pre - Siding v-1- sftaa, 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 to, shall decide the question without debate. If the decision be in favor of the member so called to order, he shall be at liberty to pro. ceed; if otherwise, he shall not proceed with- out leave of the Council to proceed in order. (KC 1-19) 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the =in - her declam that circumstances prevent Physical attendance at the meeting, If the (Kwss 5upp. Na 91.6- n -17- 1.15.130 Mayor chooses to participate via telephone, bars participating by telephone at the mem- the vice -mayor or president pro tempore shall ber's expense. preside. 0) If the telephone' connection cannot be made or (b) No more than the first two (2) members to is made and then lost, the meeting shall com- contact the Clerk regarding telephonic par- mence ar continue as scheduled and the Clerk ticipation in a particular meeting may partici- shall attempt to establish or restore the con. pate via telephone at any one (1) meeting. nection. (c) The member shall notify the Clerk and the () Meeting times shall be expressed in Alaska presiding officer, if reasonably practicable, at time regardless of the time at the location of least seven (7) days prior to a council meet- any member participating by telephone, ing, but not less than forty-eight (48) hours in (k) Participation by telephone shall be allowed advance of a meeting that the member pro- for regular, special and work session meetings poses to attend by telephone. Such notifrca- of the Council, tion shall be provided in writing (facsimile (1) Remarks by members participating by tele- and/or electronic transmission included), state phone shall be transirued so as to be audible whether such telephonic participation is pur. by all members and the public in attendance suant to subsection (n) or (o), and shall pro- at the meeting, provided that in executive sea - vide the physical address of the location, the Sion the remarks shall be audible only to telephone number, and any available facsim- those included in the executive session, ile, email, or other document transmission (m) As used in these rules, "telephone" means any service. Failure to provide the notification in system for synchronous two (2) way voice writing and within the period of time pro- communication. "Mayor" includes the vice- vided herein shall result in the member's ex- mayor or any other member serving as presi- clusion from attendance of a council meeting dent pro tempore. through telephonic participation. Upon writ- (n) Each Council member may attend a maxi - ten notification of the member(s) wishing to mum of two (2) meetings by teleconference participate telephonically (within the allotted during the twelve (12) month period starting timeframe)., the Clerk shall notify all council November 1st of each year. members of the request. (o) A Council member may attend an "ddSrin""t (d) At the meeting, the Clerk shall establish the two (2) meetings by teleconference during a telephone connection when the call to order is twelve (12) month period starting November imminent. 1st of each year if the member declares that (a) A member participating by telephone shalt be he or she is physically unable to attend the counted as present for purposes of discussion meeting due to the need for extended medical and voting, care and treatment of the member or mam- (f) The member participating by telephone shall ber's immediate family. make every effort to participate in the entire meeting. From time to time during the meet- ing, the presiding officer shalt 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 main- (xenai S.pp. No. 9 t. &07) 10 61601 (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 a stepchild or foster child) of the per- son, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (q) CounciI members are responsible for any telephone long distance and/or back-up mate, rial 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 on City business merely by at- tendance at a Council meeting via telephone. Telephone long distance and/or back-up ma- terial shipping charges may be deducted from the member's monthly stipend. (Ords. 2130-2005, 2168-2006, 2203-2006) 1.15.130 10-1 (Kenai Supp, Na.91, &0'q Page I of 1 Carol Freas From: P. Falkenberg [pet _rainbow@yahoo.com] Sent: Sunday, September 07, 2008 11:32 AM To: Carol Frees Cc: bob@malloyforcouncil.cam Sep ` Subject: Ordinance No 2347-2008 B ZQQ C11r�C�Rk Dear Carol: I am planning on attending the Sept. 17, 2008. If so I vrill testify in favor of ordinance No 2347-2008. If for some reason I cannot attend I did want my input to be considered. I am 100 percent behind this ordinance. It allows busy people an opportunity to be involved in local community government and also give us enough time to peruse the material that would be covered at council meetings. I believe more citizens would testify if they had,sufftcient time to review the agenda I think that Councilman Bob Malloy has done an outstanding job drafting this ordinance and look forward to it being passed by city council. Thank you in advance and if you have any questions I can be reached at the following phone number. Patricia (Petria) Falkenberg Box 3293 Kenai, AK 99611 394-2646 9/8/2008 -20- Page 1 of I Carol Freas From: Mark Necessary Imarknecessary@gci.net) Sent: Friday„ September 12, 2008 10:06 AM To: Carol Frees Subject: Ordinance No. 2347-2008 In regard to the above Ordinance, we support its approval, We feel it would be in the best interest for the members of the City Council and the general public. This Ordinance would give the Council and public more time to evaluate and make better decisions on issues that affect the City. Sincerely, Mark & Anita Necessary 1615 Toyon Way Kenai Alaska cc: Kenai Mayor and City Council 9/12/2008 -21- Page 1 of I Carol Freas From: Lois Massie [a1bc1@gci.netj Sent: Friday, September 12, 2008 10:07 AM To: Carol Frees Subject: Please Distribute to City Council Members TO: Kenai City Council Members FROM: Lois L. Massie abcl�,ya)gc%net 283-4457 RE: Ordinance 2347-2009 DATE: 08f1 1t08 I support Ordinance 2347-2008 which will provide a more timely publication of the council meeting agenda. It will also provide easier access to the agenda. If Kenai residents feel more welcome and better informed at the meetings, I know that more people will participate in our city government. The ordinance will also provide earlier access to the agenda for council members. When my husband, Cliff Massie, was a city council member, he would like to have had this ordinance in effect because he often spent much of Saturday and Sunday carefully reading his packet and then Monday and Tuesday reviewing it. He knew that his being prepared and knowledgeable about council business was vital for being the excellent council member that he was. Please consider making this proposal a reality. 9/12/2008 -22- SUBSTITUTE A Suggested by: Council Member Molloy tho<rtyj CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the City in the City Council; and, WHEREAS, KMC 1.15 Rules of Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC 1.1.5 requires all meetings of the Council, to be open to the public and; and actions of the Council be taken in public meetings; and provides for an agenda for Council meetings, and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC 1.I5 currently does not require any notice to the public or publication of the Council meeting agenda, or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1.15 is notice of the proposes ordinances, and the sole requirement for notice before Council's final vote is that, after passage on the first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage, with the first publication to be at least five (5) days prior to the time advertised for public hearing; and, WHEREAS, while the City of Kenai has practices for publication and notice to the public of the agenda items, it is in the best interest of the City of Kenai to establish written procedures and requirements for notice to the public and publication of the agenda for a Council meeting, and for making available to the public a meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, for the Council meeting, sufficiently in advance of the Council meeting in order to facilitate public participation in the City's business at the Council meeting; and, WHEREAS, KMC 1.I S currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption, or to request a discussion item for the agenda of a Council meeting, and to obtain the placement of such ordinance, resolution, or discussion item on the agenda of a Council meeting; and, New Text Underlined; [DELETED TEXT BRACKETED] -24- Substitute A Ordinance No. 2347-2008 Page 2 of 4 WHEREAS, KMC 1.15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for comment or presentation by a member of the public; and, WHEREAS, while the City of Kenai has practices for preparation, distribution and publication of the agenda for Council meetings, including the processing of ordinances, resolutions, requests for discussion items, and requests for presentations and comments by members of the public, including placement of such items on the agenda of the Council meeting, it is in the best interest of the City of Kenai to establish regulations, policies and procedures for these matters. NOW, THEREFORE, BE IT ORDAINrED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is hereby amended by repealing the existing KMC 1.15.040 and KMC 1.15.050(c) and re-enacting KMC 1.15.040 as follows: SECTION ONE KMC 1.15.040 Agenda is repealed and re-enacted as follows: jTHE AGENDA FOR EACH MEETING OF THE CITY 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 PRIOR TO THE MEETING, AND NO FURTHER ITEMS SHALL BE ADDED TO THE AGENDA EXCEPT BY MAJORITY VOTE OF THE COUNCILMEN PRESENT AT A MEETING.] 1.15.040 AGENDA AND PACKET - PREPEliC.l TiON-DEVELOPMENT- DISTRIBUTION-PUBLICATION-LATE MdATERiALSa jaj 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 meetine requested by the sponsor. (b) The Mayor or other Council member may request a discussion item be ll 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 an item for discussion, review or action by Council Near Text Underlined; [DELETED TEXT BRACKETED] -25- Substitute A Ordinance No. 2347-2008 Page 3 of 4 A member of the public may request that a matter be placed on the scheduled public comment portion of the agenda does not limit or restrict the the meeting reserved on the agenda for unscheduled public comment public hearing and citizen discussion or as otherwise allowed by the Mavor or other chair during the meeting. A sponsor, all co-sponsors, or a requester may request that an item be over or postponed from a previous agenda. jg) Notice of the date, time, place, and final agenda for each Council meeting 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 (gl, no item may be removed or added to the agenda except by majority vote of the Council members present at the meeting. M will be out of the Citv of Kenai during the week preceding a Council meeting. The Citv Clerk shall cause a copy of the meeting packet to be posted on New Text Underlined; [DELETED TEXT BRACKETED] Substitute A Ordinance No. 2347-2008 Page 4 of 4 made available for public viewing by 5.00 p.m. six (6) days prior to the date of the meeting. f(kl Except for written public comment on agenda items and emergency agenda item materials, anv written material related to an agenda item that is submitted too late to be included in the meeting packet shall not be considered b� Council members unless such late materials are submitted to the City Clerk no later provide to Council, and make available to the public at the meeting paper copies of written public comments on agenda items that are submitted too late to be included in the meeting packet. KMC 1.15.050 (c) Order of Business, is repealed. [(C) THE COUNCIL'S AGENDA MAY BE PREPARED 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.) PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2lst day of January, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: September 3, 2008 Second Reading: September 17, 2008 Third Reading: January 21, 2009 Adopted: January 21, 2009 Effective: February 21, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -27- Submitted by Council Member Molloy Ordinance No. 2347-2008 insert KMC 1.15.040 Agenda is repealed and re-enacted as follows: 1.15.040 Agenda and Packet -'Development — Preparation — Distribution — Publication - Late Materials. (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 resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meetin,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 an item for discussion review or action by Council [A DISCUSSION ITEM]. (d) A member of the public may request that a matter be placed on the agenda of a regular Council meeting for comment or presentation, and the matter shall be placed on the agenda of the regular Council meeting requested or agreed to by the requester, for scheduled public comment or presentation by the requester, subject to policies and procedures adopted under paragraph (1) below. Beineplaced on the scheduled Public comment portion of the agenda does not limit or restrict the requester's ability to speak on. any other issues during those portions of the reserved on the agenda for unscheduled public comment public hearings and citizen discussion or as otherwise allowed by the Mavor or other chair during the meeting (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, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e). A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, 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 five (S [SIX (6)] days prior to the date of the Council meeting, and posting to be done no later than 5:00 p.m. six 6 [SEVEN (7)] days prior to the date of the Council meeting. In addition, 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. Submitted by Council Member Molloy Ordinance No. 2347-2008 insert (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 Manager, by no later than 5:00 p.m, sax 6 [SEVEN] days prior to the date of the Council meeting. Distribution shall be by mail, unless the recipient opts for another method of distribution, such as personal pick up, electronic mail, 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. 0) 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 the Kenai Community Library, in order to be made available for public viewing, by 5:00 p.m. six 6 [SEVEN (7)] days prior to the date 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, by 5:00 p.m. Live 5 [SIX (6)] days prior to the date of the Council meeting. At least one paper copy of the meeting packet shall be made available to the public at the meeting. (k) 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 12:00 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 shall provide paper copies of such late material to the Council, and shall make paper copies of such late materials available to the public at the meeting. The City Clerk also shall provide to Council, and make available to the public at the meeting, paper copies of written public comments on agenda items that are submitted too late to be included in the meeting packet. (1) The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council. 2. KMC 1.15.050 Order of Business, pagagraph (c) is repealed. -2- -29- TO: Mayor, Council Members, & Administration FROM: Bob Molloy DATE: 09/09/08 KIII� SUBJECT: Summary of Proposed Code Changes Substitute Ordinance 2347.2008 This memo provides a summary of the proposed Code changes (other than the proposed changes in the ordinance's title) in Substitute Ordinance 2347-2008. The text in italicized, bold print, was not in the previous memo. The proposed Code changes relate to the development, preparation, distribution, and publication of the agenda for City Council meetings, and also address late materials. The proposed Code changes do not affect the conduct of the Council meeting itself or any parliamentary procedures at the meeting. A. Development and Preparation of Agenda. The first sentence of the existing KMC 1.15.040 is: "The agenda for each meeting on the City Council shall be prepared by the City Clerk after consultation with the City Manager and the Mayor." 1. The first sentence of proposed new KMC 1.15.040(f states: "(f) The City Clerk shall prepare the nenda for each Council meeting, aftet consultation with the Mayor and City Manager, subject to paragraphs (a) through (e)." (Emphasis supplied). The "subject to" phrase is the proposed substantive change. The intent is that paragraphs (a) through (e) are Rules of Order to be followed in the preparation of the agenda for each Council meeting. 2. New Rules of Order paragraphs (a) and (b). While the Council as a whole executes the legislative power by a majority of 4 votes at the Council meeting, paragraphs (a) and (b) clarify that 4 votes are not required for the initial placement on the agenda of an individually sponsored legislative or policy discussion item. Paragraphs (a) and (b) establish in written Code the Mayor's and the individual Council member's right, as legislators, to sponsor a legislative or policy discussion item, and to obtain placement of their sponsored item on the agenda of the Council meeting requested by the sponsor. The "Council meeting requested by the sponsor" could be the next Council meeting or a later Council meeting agreed to by the sponsor with the Mayor and City Manager, given other business already scheduled, time sensitive nature, or other considerations. 3. New Rule of Order paragraph (c). The City's Charter, Section 3-2(6), provides that the City Manager may make recommendations on matters of policy and other matters to the Council.. Under the City's practice, the City Manager may propose an ordinance for introduction or a resolution for adoption, or request that a an item for discussion, review or action by Council be on the agenda. Paragraph (c) establishes this practice in written Code. This new language is intended to clarify any confusion caused by the earlier draft's lack of reference to review and action items. There was no intent to exclude items from the agenda. 4. New Rule of Order paragraph (d). Paragraph (d) has been re -written based on comments received; the new language is underlined, Paragraph (d) is directed at the "Persons Scheduled to Be Heard" portion of the agenda for scheduled comment or presentation by members of the public. The intent of paragraph (d) is to establish in Code what is basically the City's current practice for scheduled public comment or presentation. It is my understanding that the City Administration utilizes unwritten practices for processing such requests by members of the public, including screening for subjects exempt from public comment such as pending personnel matters, etc. The intent of the ending phrase "subject to policies and procedures adopted under paragraph (1) below" is that Administration will create written policies and procedures for processing such requests by members of the public, to be reviewed and approved by Council. The intent is that the public's right to free political speech on City business matters will be balanced with reasonable restrictions that will now be in written policy and procedure available for public notice and review (if this proposed change is adopted by Council), instead of being handled under the Administration's unwritten practices. Comments were received about the earlier draft's lack of reference to other opportunity for public comment on the agenda. There was no intent to exclude such other opportunity for public comment from the agenda for a meeting. The following language has been added to clarify this intent: "Being placed on the scheduled public comment portion of the agenda ,does not limit or restrict the requester's ability to speak on any other issue(s) during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings, and citizen discussion. A member of the public may comment or testify during 2- -31- those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings and citizen discussion, or as otherwise allowed by the Mayor or other chair of the meeting." S. New Mule of Order paragraph (e). Paragraph (e) establishes that the Mayor or Council member who is a sponsor of an ordinance, resolution, or discussion item, or all co-sponsors of such items, may request that such an item be removed from the agenda, before the agenda is published, and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. The intent of Paragraph (e) also is to establish that a requester may do the same, and have their item removed from the agenda, unless the item has been carried over or postponed from a previous agenda. Requesters include (1) the City Manager for Administration -requested ordinances, resolutions, and discussion, review or action items„ and (2) a member of the public for the requested scheduled comment or presentation by that person or their organization. B. Distribution of Agenda. The first part of the second sentence of the existing KMC 1.15,040 is: "Such agenda shall be distributed by the City Clerk to each member of the Council at least twenty-four (24) hours prior to the meeting .. . 1. The second sentence of proposed new KMC 1.15.040(f states: A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization," The intent of this substantive addition is to provide earlier notice to Council members of tentative agenda items so as to allow Council members the opportunity to see if their sponsored items are on the agenda and to communicate with the Mayor and Administration if their sponsored items are omitted from the tentative agenda, or if they want to either postpone their item to a future agenda or remove their item from the agenda (if not held over from a previous agenda, such as already postponed or tabled items). 2. New paragraph (i) provides that the meeting packet, containing the agenda etc., shall be distributed to the Mayor, other Council members and the City Manager at least six (6) days prior to the meeting, instead of the one (1) day in current Code. This would be on Thursday for a regular Council meeting scheduled for the following Wednesday. 3. New paragraph (i) also provides that this distribution would be by mail, unless the recipient opts for personal pick up or electronic mail, -3- -32- with fax or courier service "only available for recipients who will be out of the City of Kenai during the week preceding a Council meeting." C. Publication (and Posting) of Agenda There is currently no Code requirement for publication or posting of the agenda. 1. It is my understanding that the City's current practice for publication is publication in the newspaper on Mondays for a Wednesday Council meeting, so there is notice published only two (2) days before the meeting date. New paragraph (g) would require publication of the agenda five (5) days in advance, i.e., on the Friday before the next Wednesday Council meeting. 2. It is my understanding that the City's current practice for posting to the City's web site is five (5) days in advance of the meeting date, i.e. by 5:00 PM on the Friday before the next Wednesday Council meeting. Paragraph (g) would require posting of the agenda (to the web site and at City Hall) six (6) days in advance, i.e., on the Thursday before the next Wednesday Council meeting. D. Distribution of Meeting Packet. There is currently no Code requirement for other distribution of the meeting packet, including agenda and supporting materials, to members of the public, or for providing for any other public access. 1. It is my understanding that the City's current practice is to post a copy of the meeting packet to the City's web site five (5) days in advance, 1Ty 5:�.�. PT✓I Gri the Friday before thC. riext Wednesday Council meeting. New paragraph 6) would require that the meeting packet be posted to the City's web site, and also be provided to the Kenai Community Library, in order to be made available for public viewing, by 5:00 p.m. six (6) days prior to the date of the Council meeting, i.e., on the Thursday preceding the next Wednesday Council meeting. 2. It is my understanding that the City's current practice is to provide paper copy of the meeting packet etc. to any member of the public, or to any organization, upon request, two (2) days in advance of the meeting date, i.e. on Mondays for a Wednesday meeting. New paragraph 6) would require that a paper copy or an electronic copy of the meeting packet be provided to any member of the public, or to any organization, upon request, by 5:00 p.m. five (5) days prior to the date of the Council meeting, i.e. on the Friday before the next Wednesday Council meeting. 3. New paragraph G) would also require that at least one paper copy of the meeting packet be made available to the public at the meeting. This could be done in the form of a 3-ring binder similar to the Council's binders. This binder could be shared by members of the public at the meeting. .4- -33- E. Late Materials. The last part of the second sentence of the existing KMC 1.15.040 is: " .. and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting." 1. The proposal made in new paragraph (h) is that once the final agenda is published, no item may be "removed or added" to the agenda except by majority vote of the Council members present at the meeting, 2. In addition, the subject of proposed new section (k) is late materials that become "lay downs." The proposed deadline is Noon the day before the Council meeting, except for written public comment on agenda items and emergency agenda item materials, unless the Council affirmatively votes to add such late materials to the agenda at the meeting, At the meeting, the Council can always vote to add very late materials to the agenda, F. The proposed change made in paragraph (1) is that "The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council." G. Reveal of KMC 1.15.050fc). 1. The existing KMC 1.15.050(c) appears to conflict with KMC 1.15.040 in that paragraph (c) states in part that "The Council's agenda may be prepared by an appropriate administrative officer" while KMC .15.040 states that "The agenda . . . shall be prepared by the ity Clerk after consultation with the City Manager and the Mayor." A repeal of of KMC 1.15.050(c) eliminates this conflict. 5- -34- 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. 1.15.070 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. 1.15.130 Telephonic participation. 1.15.010 Presiding officer. (a) The Mayor shall preside at all meetings of the Council. He shall preserve order and decorum among the Council Members and is responsible for conduct of an meetings in compliance with these rules. He may, at any time, take 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 all 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 1.15,010 numbers; and the president pro tempera shall 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) 1.15.020 City 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 shall 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 private committee of the whole by adopting a motion that the Council resolve itself into private conunittee 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) 1.15.040 Agenda. The agenda for each meeting of the City 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 prior to the meeting, and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting. (KC 1-1 l; Ord. 755) 1.15.050 Order of business. (a) The order of business for every regular 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. (Y..i Supp. No, 86, 12-05) -35- 1.15,050 (b) A guide for the Council's agenda, but not a preference to other members, and shall decide mandatory format for the order of business, all such questions, subject to appeal to the can be as follows: Council by motion duly seconded; and no (1) Roll Call: Agenda approval, consent other business shall be in order until the agenda; question on appeal has been decided. (2) Public Hearing (for ordinances or (e) When the previous question is moved by any programs as announced); member, all debate on the main question shall (3) Persons Scheduled to be Heard; be suspended immediately and the presiding (4) Correspondence (reading verbatim not officer shall put the question to the following required if copies distributed to the form; "The previous question is moved on entire Council); (specifying the motion on which the previous (5) Old Business; question is demanded). As many as are in (6) New Business; favor of ordering the previous question will (7) Reports; so indicate." If four (4) members vote (8) Persons Present but not Scheduled to be affirmatively, the affirmative has it, the Heard. (c) The Council's agenda may be prepared by an previous question is ordered, and the Chairman will proceed immediately to put to appropriate administrative -Officer and when a vote the question on which the previous so prepared shall constitute the agenda for question was ordered. if less than four (4) that meeting. Agenda for special meetings members so indicate, the negative has it, the will usually not include as many subjects as motion is lost, and the question reverts to the agenda for regular meetings. immediately pending question, which is again (KC 1-12; Ords. 2t2, 913) open to debate and amendment as if the previous question has not been demanded. 1.15.060 Motions. (t) The presiding officer shall put all questions in (a) A motion to amend an amendment shall be in the order in which they are moved unless a order, but a motion to amend an amendment subsequent motion shall be previous in its to an amendment shall not be entertained. nature, except in naming sums and fixing (b) No appeal from any decision of the presiding times, the largest sum and the longest time officer shall be entertained unless it is shall be put first, seconded, and no other business shall be in (g) When a vote has been taken, any member order until the question on appeal has been who voted on the prevailing side may move decided. The question on appeal is not a reconsideration thereof at the same meeting debatable and shall be put as follows: "Shall or at the next succeeding meeting whenever the decision of the Chair stand as the motions are in order, provided that the subject judgment of the Council?" It shall be deemed matter has not passed out of the control of the to be decided in the affirmative unless a Council. majority of the votes given are to the (h) A motion to reconsider requires four (4) contrary, (c) Any member may make a parliamentary votes; if such motion thus prevails, the subject shall be debate inquiry of the Chairman at any time during open to and amendment in the same manner as the the meeting, , (d) Any original question. Debate on motions to member may make a point of order reconsider shall be limited to twenty-five (25) without a second at any time. The presiding minutes, and no member shall speak more officer may speak to points of order in (Re�I Supp. No. BG, id -as) 6 191M minutes) if afforded for compliance with this rule. (i) Any previous vote may be rescinded by vote of four (4) members of the Council at any time, Provided the subject matter has not passed out of the control of the Council. {k) All motions shall require a second, unless otherwise provided. (1) 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; (I) To adjoum; (2) To recess; (3) To raise a question of privilege; (4) To call for the order of the day, or the regular order, (5) To lay on the table; (6) For the previous question; (7) To limit or extend limits of debate; (9) 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 winch they stand above shall be made; and in proceeding to vote, motions pending shall be put in the order of their rank as above an"anged. The first seven (7) are not subject to debate. A motion to postpone to a certain 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 proposition of a subject different to that under consideration shall 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, or at 7 1.15.060 any time subsequent thereto, be in order upon the call of any member, and take precedence over all 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 amendment, by consent of the second. (KC 1-13; Ord. 556) 1.15.070 Ordinances —Procedure in passing. (a) Every ordinance shall be introduced in 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 time and place when and where it will be given a 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. N. At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time be adjourned, all per- sons interested who appear shall be given an Opportunity to A n_r__- b'..i7ea U. uciuic d-le hearing begins, the ordinance shall be read a second time 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 shall be entered in the journal. (d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, Or otherwise changing appropriations, may be 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 time and then, by the required vote, be Passed, on the same day on which they are introduced. All persons present shall be given -37- 1.15.070 an opportunity to be heard before the vote on final passage. (a) After final passage, every ordinance 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. All 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 for passage thereof is taken. (b) On any vote for passage of a resolution, all persons interested who appear shall be given an Opportunity to be heard. After such hearing, the Council may finally pass such resolution with or without amendments. First reading of any resolution shall be final and no furthher passage shall be required. After final passage, every resolution shall 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 1-15) 1.15.090 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 resolution shall be read by title. (KC 1-16) 1.15.100 Speaking. (a) A member about to speak shall respeetfuily address the Chair, and shall not commence to speak recog nized gnized by the presiding officer. When two (2) or more members request to speak at the same time, the presiding officer shall detennine which one is recognized. (b) Every member while speaking shall confine himself to the subject under debate, shall re- frain from personalities, and shall not refer to any other member of the Council except in a respectful manner. (c) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parlia- mentary inquiry or make a point of order. (d) No member shall speak more than twice or for more than ten (10) minutes continuously to any one question, except that one or more addition- al periods of ten (10) minutes may be granted by unanimous consent. The reading of papers desired by any member shall be 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 I-m 1.15.110 Voting. (a) The presiding officer shall declare all 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 bands, and he shall declare the result. (b) In all meetings of the City Council, the vote shall be taken by yeas and nays on the passage of all ordinances, resolutions, and authoriza- tions for 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 proceedings of the Council by the City Clerk. Other voters may be by voice or show of hands. M-01 (d) (a) No member shall vote on any question in which he is pecuniarily interested directly or indirectly and 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 for his official duties, he shall file with the City Clerk, in such form 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 indirect, which said officer or employee has in said transaction. The City Clerk shall publish a copy of such statement in a newspaper of the City qualified by law to publish legal notices if one is published in the City and shall, in addition, post 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 insurepayment thereof. The Council shall take no action with regard thereto until at least ten (10) days shall have elapsed after the filing of the statement by the member and un- til at least seven (7) days shall have elapsed after the publishing and posting of said state- ...ena 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 for special reason excuses him Applica- tions to so excuse must be made before the vote, and shall be decided without debate. Anything to the contrary in these rules not- withstanding, 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 calling for or waiting for a mo- tion to be made, put the question in the fol- lowing form: "Without objection, it will be so ordered." If no objection is heard, he shall announce: "It is so ordered," which will have 0 1.15.110 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 regular manner. (KC 1-18) 1.15.120 Rules of order. (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writ- ing as a non -emergency ordinance, and may be passed in the same manner as other non. emergency ordinances. (b) In all matters of parliamentary procedure not covered by these rules, Robert's Rules of Or- der as revised at the time of the passage of this chapter shall be applicable and govern. (c) The Council rules shall be observed in all cases unless suspended temporarily for a spe- 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 be seconded to entitled it to consideration. (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the pre- siding officer 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 to, shall decide the question without debate, if the decision be in favor of the member so called to order, he shall be at liberty to pro. ceed; if otherwise, he shall not proceed with- out leave of the Council to proceed in order. (KC 1-10) 1.15130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the mem- ber declares that circumstances prevent physical attendance at the meeting. If the (Keno Sepp. No. 91, "7) Mall 1.15.130 Mayor chooses to participate via telephone, the vice -mayor or president pro tempore shall preside. (b) No more than the first two (2) members to contact the Clerk regarding telephonic par- ticipation in a particular meeting may partici- pate via telephone at any one (1) meeting. (c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least seven (7) days prior to a council meet- ing, but not Iess than forty-eight (48) hours in advance of a meeting that 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- ile, email, or, other document transmission service. Failure to provide the notification in writing and within the period of time pro- vided herein shall result in the member's ex- clusion from attendance of a council meeting through telephonic participation. Upon writ- ten notification of the member(s) wishing to participate telephonically (within the allotted timeframe), the Clerk shall notify all council members of the request. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time 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- (Kenai Supp. No. 91, "7) to (i) a) (k) (1) (in) (n) (o) bets participating by telephone at the mem. ber's expense. F 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 shall attempt to establish or restore the con- nection. Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. Participation by telephone shall be allowed for regular, special and work session meetings of the Council. Remarks by members participating by tele- phone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive ses- sion the remarks shall be audible only to those included in the executive session. As used in these rules, "telephone" means any system for synchronous two (2) way voice communication. "Mayor" includes the vice - mayor or any other member serving as presi- dent pro tempore. Each Council member may attend a maxi- mum of two (2) meetings by teleconference during the twelve (12) month period starting November 1st of each year. A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November l.st 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, ff 1 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 a stepchild or foster child) of the per- son, a parent, 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- rial 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 on City business merely by at- tendance at a Council meeting via telephone. Telephone long distance and/or back-up ma- terial shipping charges may be deducted from the member's monthly stipend. (Ords. 2130-2005, 2168-2006, 2203-2006) 10-1 {Ken9 Sapp. No.9t. "7A -41- thec�yaf,� TO: City Council FROM: DATE: SUBJECT: "'Village wick a Past, C# wifk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ( FAX: 907-283-3014 1992 Rick Koch September 11, 2008 Ordinance 2347-2008 The purpose of this correspondence is to state the administration does not support ordinance 2347-2008. The administration has concerns about the majority of the proposed changes to KMC 1.15.040. While the administration is supportive of the several components of ordinance 2347-2008, which clarify the existing process, we feel those clarifications are best addressed as a matter of policy. Administration's concerns about this ordinance are rooted in two areas; the first, compressing the time available for administration to work on items for a council meeting; and second, the process would become more administratively intense. In respect to the administrative changes, administration's lack of support partially stems from the old adage "if it's not broke why fix it". I have not received any negative comments from the public regarding the process and timelines currently used. Timelines I have attached a spreadsheet identifying the tasks and schedule under the present process for preparing an agenda, public advertising, and packet distribution. Under the existing code, following the first meeting of the month, there are three working days prior to a staff meeting with the manager to discuss the draft Council meeting agenda. As -Is this is not a great deal of time to respond to and/or research items for which the Council may have questions. -42- The timeline as dictated, by ordinance 2347-2008 would give staff and the manager one working day to prepare information and materials prior to a meeting to discuss the draft agenda. One day is insufficient time and would result in the administration being unable to respond to Council requests for additional information "at the next meeting". Any Council request for information would be answered at the second meeting (month. minimum) following when the request was made. Administrative Provisions As previously stated, under the present code, I am unaware of any complaints from the public regarding the process employed by the administration and council in establishing an agenda, providing public notification, public access to council, and inclusion of informational materials in the council packet. Below, I will briefly discuss each of the sections of the proposed changes to the code: 1.15.040(a) -- This is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(b) - This is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(c) - This is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(d) — The public already has three opportunities at each council meeting to address the Council. If they have presentation materials they can be scheduled under persons to be heard and have their materials included in the council packet. If the council determines that written direction is needed to define what matters are appropriate to come before the council administration suggests this be included in a written policy adopted by the council. 115.040(e) - This is the mantier in which the process works already, It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(f) — Draft agendas can be distributed to the Council at the same time they are distributed to staff. This would be accomplished by e-mail, and would require no additional effort on the part of the clerk or administration. We could have done this already if we knew a councilor(s) desired this information. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. IN 1.15.040(g) - Proposed timeline is problematic, it inhibits administrations ability to prepare for the council meeting, and to be responsive to council requests for information in a timely manner. 1.15.040(h) — Under the present timeline this is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(i) - Proposed timeline is problematic, it inhibits administrations ability to prepare for the council meeting, and to be responsive to council requests for information in a timely manner. 1.15.0400) - Proposed timeline is problematic, it inhibits administrations ability to prepare for the council meeting; and to be responsive to council requests for information in a timely manner. As it relates to a council being available at the library, we will do that, and are doing so for this meeting. I was unaware there was a desire or need to have a packet available for the public at the library. It is easy to accomplish, when the packets are distributed to staff an additional copy will be sent to the library to be available to the public. The availability of the packet on the City's website probably takes care of a lot of people wanting to look at the packet. As it concerns the availability of a complete council packet available at the Council meeting, again, this can be accomplished with little trouble. Administration and the clerk were simply unaware anyone wanted this to be accomplished. If council determines that written direction to have a council packet available at the library and council meeting is needed, administration suggests this be included in a written policy adopted by the Council. 1.15.040(k) — This provision would eliminate the addition of "lay -down" materials if they were developed or received after 12:00 PM the day before the meeting. While administration attempts to limit the number and amount of "I ay -down" materials, there are instances in which important information for council consideration may only become available after the proposed deadline has passed. Administration would then only have the option of requesting that council postpone that agenda item until the next meeting, or not provide important information to council. As to distribution of late materials to the council and public, this is the manner in which the process works already. It is not specifically identified in the code. If council determines that written direction is needed, administration suggests this be included in a written policy adopted by the Council 1.15.040(l) — Administration is supportive of this change MR Thank you for your attention in this matter. attachment -45- Existing Timeline for Agenda Council Packet Preparation Timeline under Ordinance 2347-2008 Days Prior to Council 13 12 11 10 9 8 7 6 5 4 3 2 1 0 Meeting Day Week Week Wed Thu Fri Sat Sun Mon Toe Wed Thu Fri Sat Sun Mon Toe Wed 1. Clerk add/deletes Hems from agenda & distributes for final review Staff & Staff & 1. Clerk 2. City Clerk First Manager g Manager g Staff & prepares 1. Materials sends Agenda Second Council Prepare Prepare Manager draft agenda for Packet Materials for to Newspaper - Agenda is Council Present Prepare s from Staff to Packetto Advertised in Meeting Items for Items for Weekend Weekend 2. Staff 3. Clerk Weekend Weekend Meeting Timeline for next next Manager Clerk from Peninsula ofthe near next Meeting to Produces ofthe Month Council Council CouncilDiscuss Draft 2. Attorney Manager Packet & Chide. larion Month Meeting Meeting Meeting Agenda Reviews Items to Council 4. Clerk uploads packetto website & posts agenda at City Hall 1. City Clerk 1. clerk Produces Staff& prepares Packet& 1 Agenda is 1. Materials Advertised in Proposed First Manager draft Packet for Packet Materials for Distributes to Peninsula Second Timefine Council Prepare agenda from Staff to Packetto City Clerk Council 2. Clanort Council Meeting items for 2. Staff Weekend Weekend sends Agenda Clerk uploads Weekend Weekend Meeting Under Ord. ofthe nest Meeting Manager 2. Clerk from to Newspaper packetto 2.Agendais ofthe 2347-2008 Attorney Manager posted on Month Council to Discuss website & Month Reviews Items website & at Meeting Draft agenda is City Hail Agenda posted at City Hall "'Villaye with a Past, C# with a fiftar°e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.cl.kenaLak.us \O Etie City of ampolzrij TO: Mayor and Council Members FROM: Carol L. Freas, City 7,10, DATE: September 12, 200 RE: ORDINANCE NO. 2347-2008 In my review of the proposed ordinance, I have noted the following comments, suggestions, and/or concerns: KMC 1.15.040(a) -- No comment. KMC 1.15.040(b) -- No comment. KMC 1.15.040(c) -- Ordinances and resolutions are also initiated by the City Attorney and City Clerk. Should the paragraph be amended to include the City Attorney and City Clerk? KMC 1.15.040(d) -- Currently, a member of the public may come before council (either written or in person), a council member or administration to request legislation be brought forward. KMC 1.15.040(e) -- No comment. KMC 1.15.040(f) -- The process now is to email the draft agenda to members of administration and the mayor for review. No objection to including all council members as long as deadlines for the process stay in place. KMC 1,15.040(g) -- Suggested change would be to include "the official bulletin board" at City Hall in the third Iine. This identifies and designates the bulletin board for consistency (reference is made to the 'official bulletin board' in four separate chapters of the code and in the Charter). Em KMC 1.15.040(h) -- At this time, council receives a list of items prior to council meetings that may have been received after distribution of the agenda and packet. Council has the ability to add these items to the agenda or packet through the approval of the agenda and consent agenda. KMC 1.15.040(i) -- • Having a deadline of 5:00 p.m. for distribution could be problematic if printer problems, power outages, important/necessary back-up information for council review prior to a meeting, is not received in a timely manner, etc. take place. • Currently, members of council, commissioners, and the public have the ability to download the packet from the city's webpage. Including electronic mail as an option for receiving a packet may not be necessary. Additionally, in most cases, the council packets are over 100 pages. This could be problematic for both sending and receiving a packet by fax. KMC 1.15.040(j) -- • A copy of the meeting packet is provided to the Library Director. To my knowledge, there have been no requests at the Library to review a packet, however there is no objection to making an additional copy for that purpose. • At this time, a member of the public or organization may request packets be provided on an indefinite period and are available in the Clerk's office for pick-up. However, the policy of this office is to continue to provide the packet to the person or organization unless the packets are not picked up two meetings in succession. Currently, the public has the ability to download the meeting packet of the council and commissions from the city's webpage. KMC 1.15.040(k) -- • One concern would be with regard to the code providing for written comments related to public hearings on special assessment districts to be submitted to the City Clerk up to the day prior to the public hearing. This however, may be covered with the first sentence, Le. "Except for written public comment on agenda items..." See KMC 1. 15.040(h) comment. KMC 1.15.040(1) -- No comment. M Page I of 1 Carol Freas From: P. Falkenberg [pet rainbow@yahoo.coml Sent: Sunday, September 07, 2008 11:32 AM To: Carol Frees Cc: bob@malloyforcouncil.com Subject: Ordinance No 2347-2008 Dear Carol: ZVED SEP � 2Opg I am planning on attending the Sept. 17, 2008. If so I will testify in favor of ordinance No 2347-2008. If for some reason I cannot attend I did want my input to be considered. I am 100 percent behind this ordinance. It allows busy people an opportunity to be involved in local community government and also give us enough time to peruse the material that would be covered at council meetings. I believe more citizens would testify if they had sufficient time to review the agenda. I think that Councilman Bob Malloy has done an outstanding job drafting this ordinance and look forward to it being passed by city council. Thank you in advance and if you have any questions I can be reached at the following phone number. Patricia (Petria) Falkenberg Box 3293 Kenai, AK 99611 394-264F_, 9i8/2008 -49- Page 1 of 1 Carol Freas From: Mark Necessary [marknecessary@gci.net] Sent: Friday„ September 12, 2008 10:06 AM To: Carol Freas Subject: Ordinance No, 2347-2008 In regard to the above Ordinance, we support its approval. We feel it would be in the best interest for the members of the City Council and the general public. This Ordinance would give the Council and public more time to evaluate and make better decisions on issues that affect the City. Sincerely, Mark & Anita Necessary 1615 Toyon Way Kenai Alaska cc: Kenai Mayor and City Council 9/ 12J2008 -50- Page 1 of I Carol Freas From: Lois Messie [abcl @gci.net) Sent: Friday, September 12, 2008 10:07 AM To: Carol Freas Subject: Please Distribute to City Council Members TO: Kenai City Council Members FROM: Lois L. Massie abcl@gci.net 283-4457 RE: Ordinance 2347-2008 I support Ordinance 2347-2008 which will provide a more timely publication of the council meeting agenda. It will also provide easier access to the agenda. If Kenai residents feel more welcome and better informed at the meetings, I know that more people will participate in our city government. The ordinance will also provide earlier access to the agenda for council members. When my husband, Cliff Massie, was a city council member, he would like to have had this ordinance in effect because he often spent much of Saturday and Sunday carefully reading his packet and then Monday and Tuesday reviewing it. He knew that his being prepared and knowledgeable about council business was vital for being the excellent council member that he was. Please consider making this proposal a reality. 9/12/2008 -51- COMPARISON OF COT)ft. PRACTICE �QRDINANCE By Council Member Moltov Item; Kenaf ode a airent t• Kenaf actice: Substitute Ordinance: i Agenda Preparation By Clerk after consultation By Clerk after consultation By Cleric after consultation with City Manager & Mayor with City Manager & with City Manager & KMC 1.15.040; and also Mayor Mayor by appropriate administrative KMC 1..15,040 KMC I.15.040(f) officer KMC 1.15.050(c Deadline for Agenda Items to Clerk Nopolicy By 4:00 pm on the Thursday before Nopoliry (Wednesday Meetings) ' 6Day5 before meeting i By 10:00 AM on the Friday before (for items waiting on add'linfo) 5 Days before meeting Scheduled Public Comment or No policy Unwritten practice & Establish public's right m Presentation procedures Code k-MC 1.15.040(d) i Procedures for Public to Obtain Scheduled Public Comment or Presentation No policy Unwritten. practice & procedures Administration to develop written policies and procedures for processing such requests by members of the public, to be reviewed and approved by Council KMC 1.15.040(d) 1 — Comparison Table -52- coMPAtltsaN aF can> , rxAcrfcE & RMANa Hy Council Member Molloy rem: Kauai CodtjZgeuirenveut; f_ti',gKai Practice: Substitute Ordinance. Draft Agenda to Council No policy No current practice Draft agenda to be circulated to the Mayor, other Council members, and the City Manager, before finalization KMC I.15.040(f) Final Agenda & Packet to Council Agenda to Council at least 24 Agenda. & packet available Agenda & packet available hours prior to meeting after 5:00 pm on Fridays by 5:00 pm on Thursdays KMC 1.15.040 (Wednesday Meetings) Les than 6Days Notice Less than 5 Days Notice No policy on packet 'Distribution by Clerk's Distribution by marl, unless delivery to KPD; the Council member opts Councilmembers pick up at for personal pick up or KPD electronic mail, with fax or courier service only Less than 5 Days Notice if available for Council picked up on Friday evening members who will be out of the City of Kenai dying the week preceding a Council meeting. KMC 1.15.040(i) Less than 6 Days Notice of picked up on Thursday evening 2 - compaz mon Table -53- COMPARISQN OF CODI; . PRACTTC& ORDNANCE l y(�ouncil Member Mollnv Ttem: Kenai Code Requirement, Kena' Practiev Substitute Ordinance: Publication of Agenda No policy Publication in newspaper on Publication m newspaper on Mondays Fridays (for Wednesday Meetings) (for Wednesday Meetings) 2 Days Notice 5 Days Notice Posting to City's web site Posting to City's Web site on Fridays 5 Days Notice & at City Hall on Thursdays; 6 Days Notice Posting to official bulletin Optional by broadcast board on Fridays media 5 Days Notice KMC 1.15.040(d) Distribution of Agenda to Public No policy Posting to City's web site Posting to City's web site on Fridays & available at Library 5 Days Notice by 5:00 pm on Thursdays 6 Days Notice KIvIC 1.15.040(j) Provide paper copy of the Provide paper copy of the agenda t any member of the public, or to any agenda to any rrarnber Of the public, or to any organization, upon request, organization, upon request, on Mondays by 5:00 pm on Fridays 2 Days Notice 5Drys Notice KMC 1.15.0400) Provide paper copies of No oiherpolicy agenda at meeting i 3 — Companeor, Table M COMPARISON OF COS ,pRAC1MCE & ORDINANCE By Council it4cmber Wlolloy to ®. Kenai Code Re uirement: Kenai Practice: Substitute Urd'vnance: Distribution of Packet to Public Nopolicy Posting to City's web site Posting to City's web site on Fridays & available at Library 5 Days Notice by 5:00 pm on Thursdays ' 6Days Notice Provide paper copy of packet to any member of Provide paper copy of packet to any member of the public or to any the public, or to any organization, upon request, organization, upon request, on Mondays on Fridays 2 Days Notice 5 Days Notice Provide paper copies of Provide at least one selected agenda items at complete paper copy of the meeting packet at the meeting ICMC 1.15.0400) No other POUCY Sponsorship of Ordinances, No policy Permitted by practice Established in Code Resolutions by Individual Council KMC L15.040(a) Member Sponsorship of Discussion Items Nopolicy Unclear: 4 "nods" or votes Established in Code by Individual Council ,Member required?? KMC 1.15.040(b) -4—Comparlson Table -55- COMPARPSON OF CO DE . PRACTICE & ORDINALNCE By Cooncil Member Molloy Item: Kenai Cade Requirement: Kenai Practiced Sab5.titnte prd➢nance: Late Materials Deadline 24 hours prior to the Deadline 3:00 pm on Deadline Noon the day meeting meeting day, except fer LID before the meeting (7:00 pm on lhesday for materials and other Code Wednesday meeting) KMC 1.15.040 specific items, for which deadline is 5:00 pm on (Noon on Tuesday for Wednesday meeting) meeting day (Wednesdays) KMC 1.15.040(k) No further items shall be added No (other) item may be Except for written public except by a majority vote of removed or added except by comment on agenda items, the council members present a majority vote of the and emergency agenda item ` K,v[C 1.15.040 council members present materials, no (other) item may be removed or added except by a majority vote of the council members present KMC 1. 15.040(g), (h), (k) 5 — Comparison Table No SUBSTITUTE B Suggested by: Council Member Molloy E{�e ee'yof' KEB 11 11 SNA CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the City in the City Council; and, WHEREAS, KMC 1.15 Rules of Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC 1.15 requires all meetings of the Council to be open to the public; actions of the Council be taken in public meetings; provides for an agenda for Council meetings and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC 1.15 currently does not require any notice to the public or publication of the Council meeting agenda, or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1.15 is notice of the proposed ordinances; and the sole requirement for notice before Council's final vote is that, after passage on the first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage, with the first publication to be at least five (5) days prior to the time advertised for public hearing; and, WHEREAS, KMC 1.15 currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption, or to request a discussion item for the agenda of a Council meeting, and to obtain the placement of such ordinance, resolution, or discussion item on the agenda of a Council meeting; and, WHEREAS, KMC 1.15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for scheduled comment or scheduled presentation by a member of the public; and, WHEREAS, the City of Kenai has practices for publication and notice to the public of the agenda items for Council meetings; unwritten practices for preparation and distribution of the agenda and meeting packet for Council meetings; and unwritten practices for the processing of requests for discussion items by Council members, and New Text Underlined; [DELETED TEXT BRACKETED! -57- Substitute B Ordinance No. 2347-2008 Page 2 of 5 for requests for scheduled presentations and scheduled comments by members of the public for Council meetings; and, WHEREAS, it is in the best interest of the City of Kenai, and the public it serves, for the City to establish written regulations (in the City Code), and written policies and procedures for: (1) public notice of Council meetings; (2) publication of Council meeting agendas; (3) development, publication and (public) distribution of the Council meeting packet; (4) processing requests to make scheduled public presentations or comments to the City Council; and (5) Mayor/Council Member's legislative rights, including getting discussion items on agenda -- all adequately in advance of the Council meeting, to facilitate public participation in the City's business at the City Council meetings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is hereby amended by repealing the existing KMC 1.15.040 and KMC 1.15.050(c) and re-enacting KMC 1,15.040 as follows: SECTION ONE KMC 1.15.040 Agenda is repealed and re-enacted as follows: (THE AGENDA FOR EACH MEETING OF THE CITY 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 PRIOR TO THE MEETING, AND NO FURTHER ITEMS SHALL BE ADDED TO THE AGENDA EXCEPT BY MAJORITY VOTE OF THE COUNCILMEN PRESENT AT A MEETING.] 1 15,040 Agenda and Packet - Development - Preparation - Distribution - Publication- Late Materials. (bl 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. agenda of a regular Council meeting as an item for discussion, review or action by Council. New Text Underlined; [DELETED TEXT BRACIMTED] i Substitute B Ordinance No. 2347-2008 Page 3 of 5 (d) A member of the public may request that a matter be placed on the agenda of a regular Council meeting for comment or presentation, and the matter to policies and procedures adopted under paragraph (1) below. Being placed on the scheduled public comment portion of the agenda does not limit or restrict the requester's abilitv to speak on anv other issue(s) during those portions of the meeting and citizen discussion, or as otherwise allowed by the Mayor or other chair of the meeting. (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. M The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs ial through (e). A draft agenda shall be circulated to the Mavor and other Council members, and the City Manager, 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 Citv's web site and to the official bulletin board at City Hall, with publication to be done no later than five (5) days prior to the date of the Council meeting, and posting to be done no later than five (5) days prior to the date of the Council meeting. In addition 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. (il 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 Manager, six (6) days prior to the date of the Council meeting. (i) 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 the Kenai Community Librarv, in order to be made available for public viewing, five (5) days prior to the date of the Council meeting. The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be New Text Underlined; [DELETED TEXT BRACKETED] -59- Substitute B Ordinance No. 2347-2008 Page 4 of 5 provided to any member of the public or to any organization upon request five (5) days prior to the date of the Council meeting. _At least one paper copy of the meeting packet shall be made available to the public at the meeting. W Except for written public comment on agenda items and emergency agenda item materials, anv 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 meeting packet. SECTION TWO KMC 1,15.050 Order of Business, paragraph (c) is repealed. (a) The order of business for every regular 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. (b) A guide for the Council's agenda, but not a mandatory format for the order of business, can be as follows: (1) Roll Call: Agenda approval, consent 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 entire 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 PREPARED BY AN APPROPRIATE ADMINISTRATIVE OFFICER AND WHEN SO PREPARED SHALL CONSTITUTE THE New Tent Underlined; (DELETED TEXT BRACKETED) E•1111 Substitute B Ordinance No. 2347-2008 Page 5 of 5 AGENDA FOR THAT MEETING. AGENDA FOR SPECIAL MEETINGS WILL USUALLY NOT INCLUDE AS MANY SUBJECTS AS AGENDA FOR REGULAR MEETINGS.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: September 3, 2008 Second Reading: September 17, 2008 Third Reading: January 21, 2009 Adopted: January 21, 2009 Effective: February 21, 2009 New Text Underlined; [DELETED TEXT BRACCETED1 -61- TO: Mayor, Council, & Administration FROM: Bob Molloy L DATE: 01-14-09 (� 1 SUBJECT: ORDINANCE NO. 2347-2008, Substitute B: Agenda And Packet - Development -Preparation -Distribution -Publication - Late Materials To facilitate discussion, this is to provide you with a summary of intent, the existing ordinances, and Substitute B in reader -friendly format. Summary of Intent The City of Kenai has practices for publication and notice to the public of the agenda items for City Council meetings; unwritten practices for preparation and distribution of the agenda and meeting packet for Council meetings; and unwritten practices for the processing of ordinances, resolutions, requests for discussion items, and requests for presentations and comments by members of the public for Council meetings. It is in the best interest of the City of Kenai, and the public it serves, for the City to establish written regulations (in the City Code), and written policies and procedures for: (1) public notice of Council meetings; (2) publication of Council meeting agendas; (3) development, publication and (public) distribution of the Council meeting packet; (4) processing requests to make scheduled public presentations or comments to the City Council; and (5) Mayor/Council Member's legislative rights, including getting discussion items on agenda -- all adequately in advance of the Council meeting, to facilitate public participation in the City's business at the City Council meetings. Existing KMC LU.040 Agenda: The agenda for each meeting of the City 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 prior to the meeting, and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting. Existing KMC 1 15 050 Order of business Paragraph (c)• r (c) The Council's agenda maybe prepared 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. -62- ORDINANCE NO 2347-2008 Substitute B: 1. KMC 1,15.040 Agenda is repealed and re-enacted as follows: 1.15.040 Agenda and Packet - Development — Preparation — Distribution — Publication - Late Materials. (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 resolution 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 an item for discussion, review or action by Council. (d) A member of the public may request that a matter be placed on the agenda of a regular Council meeting for comment or presentation, and the matter shall be placed on the agenda of the regular Council meeting requested or agreed to by the requester, for scheduled public comment or presentation by the requester, subject to policies and procedures adopted under paragraph (1) below. Being placed on the scheduled public comment portion of the agenda does not limit or restrict the requester's ability to speak on any other issue(s) during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings, and citizen discussion. A member of the public may comment or testifv during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings and citizen discussion, or as otherwise allowed by the Mayor or other chair of the meeting. (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, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e} A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, 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 to the official bulletin board at City Hall, with publication to be done no later than five (5) days prior to the date of the Council meeting, and posting to be done no later than five (5) days prior to the date of the Council meeting. In addition, notice of the date, time and place of -63- 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 he 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 Manager, 0) 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 the Kenai Community Library, in order to be made available for public viewing, five (5) days prior to the date 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, five (5) days prior to the date of the Council meeting. At least one paper copy of the meeting packet shall be made available to the public at the meeting. (k) 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 3:00 pm the day of the meeting, and the Council affirmatively votes to add such late materials to the agenda item at the meeting. The City Clerk shall provide paper copies of such late material to the Council, and shall make paper copies of such late materials available to the public at the meeting. The City Clerk also shall provide to Council, and make available to the public at the meeting, paper copies of written public comments on agenda items that are submitted too late to be included in the meeting packet. (1) The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council. 2. KMC 1.15.050 Order of Business, paragraph (c) is repealed. -2- Un U f{tPGtiy P/ // "Village wA a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,bcftd gym„ Telephone: 907-283-7535 / FAX: 907-283-3014 1��1Ir 1992 TO: City Council FROM: Rick Koch DATE: January 15, 2009 SUBJECT: Ordinance 2347-2008, Substitute B The purpose of this correspondence is to discuss the above referenced ordinance. The time certain requirements of the proposed Ordinance (KMC 1.15.040(g) & 0)) will limit the administration's ability to respond to Council requests for additional information "at the next meeting". Any Council request for information, or for additional information on an item before the Council, would not be able to be answered until the second meeting (month minimum) following when the request was made. Timelines I have attached a spreadsheet identifying the tasks and schedule under the present process for preparing an agenda, public advertising, and packet distribution. Under the existing code, following the first meeting of the month, there are three working days prior to a staff meeting with the manager to discuss the draft Council meeting agenda. As -Is this is not a great deal of time to respond to and/or research items for which the Council may have questions. The timeline as dictated by proposed. Ordinance 2347-2008, Substitute B, would give staff and the manager one working day to prepare information and materials prior to a meeting to discuss the draft agenda. With the exception of the requirement for newspaper publication 5 days in advance (not counting the meeting day) the city clerk already meets the requirements of the proposed ordinance. There have been exceptions when unforeseen circumstances occur, such as equipment malfunctions. -65 Administration recommends that publication and distribution deadlines be a component of a policy that also recognizes unforeseen events may occur, which could delay meeting those deadlines. In policy, the administration recommends maintaining the existing newspaper publication deadline of the Monday preceding the Wednesday meeting, or three days (including the meeting day). Thank you for your attention in this matter. attachment no I C7 4 1 Existing Timeline for Agenda Council Packet Preparation Timeline under Ordinance 2347-2008 Days Prior to Council 13 12 11 10 9 8 7 6 5. 4 3 2 1 0 Meetng Day of Week Wed 'ihu Fri Sat Sun Mon Toe Wed Thu Fri Sat Sun Mon Toe Wed 1.. Clerk add/deletes Items from agenda & distributes for final review Staff & Staff & 1. Clerk 2. City Clerk First Manager g Manager g Staff & prepares 1. Materials sends Agenda Second Council Prepare Prepare Manager draft agenda for Packet Materials for to Newspaper Agenda is Council Present Meeting Items for Items for Weekend Weekend Prepare Items 2. Staff from Staff to Packet to 3. Clerk Weekend Weekend Advertised in Meeting timeline for next Manager Clerk Peninsula of the next next Council Meeting to 2. AttpYney Manager Manager Produces Clarion of the Month Council Council Discuss Draft packet& Month Meeting Meeting Meeting Agenda Reviews items Distributes to Council 4. Clerk uploads packetto website & posts agenda at City Hall 1. City Clef 1. Clerk Produces Staff & prepares Packet & i. Agenda is First Manager draft 1. Materials Distributes to Advertised In Second Proposed for Packet Materials for Peninsula Timeline Council Prepare agenda fromStaff. Packetto City Clerk Council 2. Clarion Council Under Ord. Meeting items for 2. Staff Weekend Weekend Manager 2. from sends Agenda Clerk uploads 2posedo is Weekend Weekend Meeting 2347 20D8 of the next Meeting Attorney Managerlerk Manager to Newspaper packetto Posted on of the Month Council to Discuss website & Month Meeting Draft Reviews Items a enda is g website & at Agenda Posted at City City Ball Hall "Viltaye wA a Past C# witk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.cl.kenai.ak.us tieei�l0 E V To: Mayor/Council Members FROM: Carol L. Freas, City Cl DATE: January 14, 2009 RE: ORDINANCE NO, 2347.2008, SUBSTITUTE B I am submitting the following comments after review of Ordinance No. 2347-2008, Substitute B: • Substitute B, Page 2, Item KMC 1.15.040(c) -- The City Clerk and City Attorney also propose ordinances and resolutions. Suggested amendments: (c) For Administration, the City Manager, City Clerk. and Citv Attorney may propose 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 City Manager, City Clerk, or Citv Attorney, For Administration, the City Manager, City Clerk, or City Attorney may request that a matter be placed on the agenda of a regular Council meeting as an item for discussion, review or action by Council • Substitute B, Page 3, Item KMC 1.15.040(e) -- The phrase "before the agenda is published" does not identify newspaper deadline requirements. Suggested amendment: (e) A sponsor, all co-sponsors, or a requester may request that an item be removed from the agenda, [BEFORE THE AGENDA IS PUBLISHED] prior to agenda publication submission deadlines 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. • Substitute B, Page 3, Item. KMC 1.1.5.040(g) -- Capitalize "official bulletin board" as it refers to a specific bulletin board situated outside the Clerk's Office/Council Chambers. • Substitute B, Page 3, Item KMC 1.15.0406) -- Reference to "...cause a. paper copy or electronic copy of the meeting packet to be provided...". An electronic copy of the packet is made available on the City's webpage and forwarding an electronic copy would be a duplication of effort. In addition, written request for paper copies of packets are required by office policy. Maim, Memorandum January 14, 2009 Page 2 of 2 0) 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 the Kenai Community Library, in order to be made available for public viewing, five (5) days prior to the date 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 written request, five (5) days prior to the date of the Council meeting. At least one paper copy of the meeting packet shall be made available to the public at the meeting. Publication deadline concerns: • The deadline for printing of the packet, having packets available for council, public, administration, etc. does not allow for unforeseen circumstances, i.e. electrical problems, building maintenance problems (lack of heat), etc. ® The shortened period of time from the completion of one council meeting to preparing the packet for the next council meeting leaves very little time for preparation of council meeting minutes (as well as other items from other departments needing to be included in packets) along with other duties of the position. • Information received from my newspaper contact indicates the following timelines for submission of the agenda ad: 1. The "tracer" would be prepared on Monday or Tuesday (the tracer is done in-house for scheduling purposes and is done automatically for my ads because they are done on a permanent basis). The tracer for council agenda ads is 2 x 15 to ensure enough space is saved to accommodate the ad. If not, the ad font would be downsized in order to fit it :n to the 2x15 sP_ace. 2. Initial submission of the agenda would need to be submitted to the paper by 4:00 or 5.00 p.m. on Wednesday, but no later than Thursday, by 9:00 a.m. When the ad is submitted to the paper and is measured, etc, it goes next to composition. Composition finishes their work by 3:00 or 4:00 p.m. on Thursday when the paper is put to film. Film is from what the paper is printed. A drop dead time to make any changes to the ad would be Noon on Thursday to allow Composition to make any adjustments needed to accommodate our ad. Additionally, because the Friday paper is very large, with many competing ads included, without paying extra to have the ad placed on a specific page, there would be more of a chance for the council agenda ad to be placed in the second or third sections. To have more of a chance to have the ad placed closer to the front of the paper, without extra cost incurred, it is more advantageous to run the ad in the Monday paper. COMPARISON OF CODE, PRACTICE & SUBSTITUTE B By Council Member Molloy for 01-21-09 Council Meeting Item: Kenai Code Requirement: Kenai Practice: Substitute B: Agenda Preparation By Clerk after consultation By Clerk after consultation By Clerk after consultation with City Manager & Mayor with City Manager & Mayor with City Manager & Mayor KMC 1.15.040; and also KMC 1.15.040 KMC 1.15.040(f) by appropriate administrative officer KMCI050(c) Deadline for Agenda Items to No policy By 4:00 pm on the Thursday No policy Clerk before (Wednesday Meetings) 6Days before meeting By 10:00 AM on the Friday before (for items waiting on add'linfo) 5 Da •s before meeting Scheduled Public Comment or No policy Unwritten practice & Establish public's right in Presentation procedures Code KMC 1.15.040(d) Procedures for Public to Obtain No policy Unwritten practice & Administration to develop Scheduled Public Comment or procedures written policies & Presentation procedures for processing requests by the public, to be reviewed & approved by Council after public hearing KMC 1.15.040 d Item: Kenai Code Re uirement- Kenai Practice: Substitute B: 1— Comparison Table for 0 1 -21-09 Council Meeting COMPARISON OF CORE PRAC�'TICE & SUBSTITUTE B By Council Memiber Molloy for 01-21-09 Council Meeting Draft Agenda to Council No policy No current practice Draft agenda to be circulated to the Mayor, other Council members, and the City Manager, before finalization KMC 1.15.040(f) Final Agenda & Packet to Council Agenda to Council at least 24 Agenda & packet available Agenda & packet available hours prior to meeting after 5:00 pm on Fridays on Thursdays KMC 1.15.040 (Wednesday Meetings) _ (Wednesday Meetings) 5 Days Notice 6 Days Notice KMC 1.15.040(i) No policy on packet Distribution by Clerk's Same; except delivery to delivery to KPD; KPD on Thursdays Council members pick up at KMC 1.15.040(i) KPD 5 Days Notice if picked up 6 Days Notice if picked up on Friday evening on Thursday evening 2 — Comparison Table for 01-21-09 Council Meeting COMPARISON OF CODE PRACTICE & SUBSTITUTE B By Council Member Molloy for 01-21-09 Council Meeting Item: Kenai Code Rea uirement: Kenai Practice: Substitute B: Publication of Agenda No policy Publication in newspaper on Publication in newspaper on Mondays Fridays (for Wednesday Meetings) (for Wednesday Meetings) 2 Days Notice 5 Days Notice Posting to City's web site Same on Fridays 5 Days Notice 5 Days Notice Posting to official bulletin Same, plus optional by board on Fridays broadcast media 5 Days Notice 5 Days Notice KMC 1.15.040(g) Distribution of Agenda to Public No policy Posting to City's web site on Fridays Same, & available at Library 5 Days Notice on Fridays 5 Days Notice KMC 1.15.0400) Provide paper copy of the Provide paper copy of the agenda to any member of agenda to any member of the public, or to any the public, or to any organization, upon request, organization, upon request, on Mondays on Fridays 2 Days Notice 5 Days Notice KMC 1.15.040(i)&O) Provide paper copies of No other policy agenda at meeting - 3 --Comparison Table for 01-21-09 Council Meeting COMPARISON OF CODE PRACTICE & SUBSTITUTE B By Council Member Molloy for 01-21-09 Council Meeting Item: Kenai Code Re uirement: Kenai Practice: Substitute B: Distribution of Packet to Public No policy Posting to City's web site Same, on Fridays & available at Library 5 Days Notice on Fridays 5 Days Notice Provide paper copy of Provide paper copy or packet to any member of the electronic copy of packet to public or to any any member of the public, organization, upon request, or to any organization, upon on Mondays request, on Fridays 2 Days Notice 5 Days Notice Provide paper copies of Provide at least one selected agenda items at complete paper copy of the meeting packet at the meeting KMC 1.15.0400) No other policy Sponsorship of Ordinances, No policy Permitted by practice Established in Code Resolutions by Individual Council KMC 1.15.040(a) Member Sponsorship of Discussion Items No policy Unclear: 4 "nods" or votes Established in Code by Individual Council Member required?? KMC 1.15.040(b) Proposed Ordinances, Resolutions, No policy City Manager; City Clerk, or City Manager & Discussion Items by City Attorney Established in Code Administration KMC 1.15.040(c) - 4 — Coruparison Table for 01-21-09 Council Meeting COMPARISON OF CODE PRACTICE & SUBSTITUTE B By Council Metmber Molloy for 01-21-09 Council Meeting Item: Kenai Code: Re uirement: Kenai Practice: Substitute B: Late Materials Deadline 24 hours prior to the Deadline 3:00 pm on Deadline 3:00 pm on meeting meeting day, except for LID meeting day (7:00 pm on Tuesday for materials and other Code Wednesday meeting) specific items, for which KMC 1.15.040 deadline is 5:00 pm on meeting day (Wednesdays) KMC 1.15.040(k) No further items shall be added No (other) item may be Except for written public except by a. majority vote of removed or added except by comment on agenda items, the councilm embers present a majority vote of the and emergency agenda item KMC 1.15.040 council members present materials, no (other) item may be removed or added except by a majority vote of the council members present KMC 1.15.040(g), (h), (k) - 5 — Comparison Table for 01-21-09 Council Meeting Suggested by: Council AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DONATING CERTAIN FORECLOSED CITY -OWNED PROPERTIES DESCRIBED AS LOTS 9-13 BLOCK 12, MOMMSENS SUBDIVISION REPLAT OF ADDN. 1 & 2 (PARCELS 039-102- 23 THROUGH 039-102-27), TO HABITAT FOR HUMANITY FOR CONSTRUCTION OF HOUSING. WHEREAS, KMC 22.05.125 allows the Council, by ordinance, to donate foreclosed real property no longer needed by the City for public purpose to a non-profit corporation, for a consideration agreed upon between the City and grantee without a public sale if it is advantageous to the City; and, WHEREAS, Habitat for Humanity is a non-profit charitable housing organization and has identified Lots 9 - 13, Block 12, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-102-23 through 039-102-27 - see Attachments A-C) as properties meeting the needs of their organization; and, WHEREAS, the referenced properties were acquired through tax and special assessment foreclosures (judgment year was 1987); and, WHEREAS, Ordinance No. 1414-91 declared the properties were not needed for a public purpose and could be sold; and, WHEREAS, the properties have been included in several public foreclosure sales where no bids to purchase were received. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain foreclosed City -owned properties described at Lots 9 - 13, Block 12, Mommsens Subdivisions Replat of Addn. 1 & 2, (Parcels 039-102-23 through 039- 102-27), be donated to Habitat for Humanity for construction of housing, subject to the following conditions: 1) Habitat for Humanity is willing to pay the sum of taxes owed to the Kenai Peninsula Borough, and the City of Kenai assessments owed, at the date of closing of the sale to the new owner; and, 2) Up to three parcels will be granted for construction in the 2009 calendar year and once the dwellings are completed (or near completion), the taxes and assessments are paid, a deed for the remaining parcels will be granted, with the stipulation that dwellings be constructed on the properties by December 31, 2012, or the properties will be returned to the City. New Text Underlined; (DELETED TEXT BRACKETED) _70_ Uramance no. t:s i a-Lvuy Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 7, 2009 Adopted: January 21, 2009 Effective: February 21, 2009 Attachments Approved by Finance: i —e- New Text Underlined; [DELETED TEXT BRACKETED] -71- 1 6 I 5 I 4737 2 1 `2A 77 gW 67 85 7 0 3A 03910223 6 9 g I 8 6 9 9 03910224 •18 5 5_ =5 10 5 10V� n 03910225 4 4 1 6 = 11 1 R 4 11 ' q 03910226 3 _ 32 �TA, < �3_ 12 3 �12T3 = Q�e� 25 p 2 13 _ - 03910227 s a 9 1 1 : 1-B - 2-B 14 ? 1 14 = s 1 1-A ' 14-B 6 A 1-A 14-A 1-A 1g �1 7T 6 0) 2s_2 5s �a 5 ga'p m $ fj- 3a 1g 3 � Z 15 8�� �5 i 4sCC 4 9� 0, 4 9 asq 45 — 3g 1t$3 10g Wia a F-- 5a 95 a - z U) 3 10 $3 - —� I 2r s2 11e 92 11@ s2 �e 1 12 at 12� s1 77 e � r FLQRI A AVE 6�g 9� (L 9 — ! 7 IE6 7_ss o6 6s 10iv) a10 5 s5 89 a 5 8 's5 5a! 11$ $ 11 4a !^4 9 -4 gz 3s 3-- 10 ��.3 -4 4 12$ $18 �m 10m! ,93 30to 13 a13 20 2 t1 — s 2 11 0 92 20 i A 4 fm o 14 ; 014 1 �^ - ! B�j + 12 01 12o a1 1 156 a 15o 12_A „ 0 1-A 12-A 91 1-A o T § A 16 a 16 7o Io g 17--i 6D o 5 7 E-- 6 617 - f 2. 18 a ? bsl go� is ,�.. 8 U) s.,o:; a18 o q 5C '� -5 50 T _ 9g 4 0 2z ,21z< ,20� 19 3 !3 10s s3 101�4 41! , �'— �2A 3€ 21 io 2 11 g �2 11 Attachment A -72- i v W FORECLOSED PROPERTIES OF INTEREST Parcel ID Ph sical Address Leaf Assessed Acres Value Amount Due KPB CoK S!A Total Due 3910223 11127 Second St Mommsens S!D Replat of Add 1 & 2, L9 B12 0.34 12,000 00 2,955.251 2,360-50 5,315.75 3910224 ;1125 Second St — - — Mommsens S!D Replat of Add -� - -- 1 & 2 L10 B72 -- _ _.�--1 0.26 10,600 00 2 641 09' 1,927.82 4,568.91 3910225 1123 Second St — Mommsens S!D Replat of Add. — - 1 & 2 L11 B12 - I 0.26 10 600 00, - 2 641 09 1 927.82 4,568.91 f,568 39i 0226 3910227 1121 Second St 1119 Second St ; Mommsens SID Replat of Add. Mommsens S!D Replat of Add. 1 & 2 L12 B12 1 & 2 L13 B_12; �- 0.2a 0.261 10,600 00 10,60-6M0� 2 641 091 2 641 091 1,927.82 1,927.82, .91 4,568.91 Total 54,400.00; lj,519,6VI 10,071.78+ 23,591.39 rt fr w m r rt Amounts through 2121109 12/30/08 x Rrn7M� r^-..v ®' July 8, 2008 Mayor Pat Porter Kenai City Council Members 210 Fidalgo St. ' Kenai, AK 99611 I Habitat r amenity' Re: Bequest for: Foreclosed City Properties — Mommsens Subdivision Parcels 3910223 - 3910227 Dear Mayor Porter and City Council Members Previously we had asked for future building lots in the Kenai area and were offered five blocks of land under the caveat of paying the back city assessments and borough taxes. We took the offer to our Board. Since we are a small non-profit organization we didnot have the financial ability to accept. your offer and still be able to build our 15' home in the Kenai-Soldoma area this year. As we are running out of lots to build on that are affordable to the target families we are trying to help, we ask you to reconsider your offer and eliminate the payment of back taxes and assessments. Again, I would like to stress we have added over 1.5 million dollars to the City and Borough tax assessments over the years. We estimate that each home we build. andsellto a selected family adds approximately $110 000.00 to the city assessments. Naturally, once inhabited the taxes are paid. Thank you Bill Radtke President Attachment C -74- Ordinance 2373-2009 2) Up to five parcels will be granted for construction. The grants will be according to the following timeline. One parcel will be granted for the 2009 construction season. Construction must be complete on that parcel in 2010. Upon timely completion of that project, second parcel may be granted. The second project must be completed in 2012. Upon timely completion of the second project, a third parcel may be granted. The third project must be completed in 2014. Upon timely completion of the third project a fourth parcel may be granted. That project must be completed in 2016. Upon timely completion of the fourth project, a fifth parcel may be granted. The fifth project must be completed in 2018. Suggested by: Council rh uyof CITY OF KENAI KENAI. ALASKA ORDINANCE NO. 2373-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DONATING CERTAIN FORECLOSED CITY -OWNED PROPERTIES DESCRIBED AS LOTS 9-13 BLOCK 12, MOMMSENS SUBDIVISION REPLAT OF ADDN. 1 & 2 (PARCELS 039-102- 23 THROUGH 039-102-27), TO HABITAT FOR HUMANITY FOR CONSTRUCTION OF HOUSING. WHEREAS, KMC 22.05.125 allows the Council, by ordinance, to donate foreclosed real property no longer needed by the City for public purpose to a non-profit corporation, for a consideration agreed upon between the City and grantee without a public sale if it is advantageous to the City; and, WHEREAS, Habitat for Humanity is a non-profit charitable housing organization and has identified Lots 9 - 13, Block 12, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-102-23 through 039-102-27 - see Attachments A-C) as properties meeting the needs of their organization; and, WHEREAS, the referenced properties were acquired through tax and special assessment foreclosures (judgment year was 1987); and, WHEREAS, Ordinance No. 1414-91 declared the properties were not needed for a public purpose and could be sold; and, WHEREAS, the properties have been included in several public foreclosure sales where no bids to purchase were received. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain foreclosed City -owned properties described at Lots 9 - 13, Block 12, Mommsens Subdivisions Replat of Addn. 1 & 2, (Parcels 039-102-23 through 039- 102-27), be donated to Habitat for Humanity for construction of housing, subject to the following conditions: 1) Habitat for Humanity is willing to pay the sum of taxes owed to the Kenai Peninsula Borough, and the City of Kenai assessments owed, at the date of closing of the sale to the new owner; and, 2) [UP TO THREE PARCELS WILL BE GRANTED FOR CONSTRUCTION IN THE 2009 CALENDAR YEAR AND ONCE THE DWELLINGS ARE COMPLETED (OR NEAR COMPLETION), THE TAXES AND ASSESSMENTS ARE PAID, A DEED FOR THE REMAINING PARCELS WILL BE GRANTED, WITH THE STIPULATION THAT DWELLINGS BE CONSTRUCTED ON THE PROPERTIES BY DECEMBER 31, 2012, OR THE PROPERTIES WILL BE RETURNED TO THE CITY.] New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2373-2009 Page 2 of 2 2) Up to five parcels will be granted for construction. The grants will be according to the following timeline: One parcel will be granted for the 2009 construction season. Construction must be complete on that parcel in 2010. Upon timely completion of that project, the second parcel may be granted. The second project must be completed in 2012. Upon timely completion of the second project, a third parcel may be granted. The third project must be completed by 2014. Upon timely completion of the third p,roiect, a fourth parcel may be granted. That project must be completed in 2016. Upon timely completion of he four n project„ af'$ h_�arcel may be granted. The fifth project must be completed in 2018. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 2009. ATTEST: Carol L. Freas, City Clerk Attachments Approved by Finance: PAT PORTER, MAYOR Introduced: January 7, 2009 Adopted: January 21, 2009 Effective: February 21, 2009 New Test Underlined; [DELETED TEXT BRACKETED] Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $130,000 IN THE CONGREGATE HOUSING ENTERPRISE FUND AND THE CONGREGATE HOUSING CAPITAL PROJECT FUND FOR REPLACEMENT OF THE DRY PIPE SPRINKLER SYSTEM AT THE CITY'S VINTAGE POINTE MANOR CONGREGATE HOUSING FACILITY. WHEREAS, the existing dry pipe system at the Congregate Housing has experienced air leakage and general deterioration; and, WHEREAS, the City's consulting engineer examined the system and issued a report recommending its replacement; and, WHEREAS, system replacement will ensure the dry pipe sprinkler system for Congregate Housing remains in good operating condition for the protection of the residents; and, WHEREAS, funds are available in the retained earnings of the Congregate Housing Enterprise Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Congregate Housing Enterprise Fund Increase Estimated Revenues: Appropriation of Retained Earnings $130,000 Increase Appropriations: Transfer to Congregate Housing Capital Projects Fund $130,000 Congregate Housing Capital Projects Fund Increase Estimated Revenues: Transfer from Congregate Housing Capital Projects Fund $130,000 Increase Appropriations: Construction $130,000 New Text Underlined; [DELETED TEXT BRACKETED] -75- Ordinance No. 2374-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of January, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: January 7, 2009 Adopted: January 21, 2009 Effective: January 21, 2009 New Test Underlined; [DELETED TEXT BRACKETED] mo ""Villaye witA a Past, Ci y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014'�t��r >> 1992tt L"GrC LLG�' Of KENAI, ALASKA TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Directory/A DATE: 19 December 2008 SUBJECT: CONGREGATE HOUSING; FUNDING FOR DRY PIPE SPRINKLER SYSTEM REPLACEMENT Rick, I recommend the $130,000 increase to the Congregate Housing Capital Projects Fund to support the project to replace the building's dry pipe sprinkler system. This project will replace building's entire dry pipe sprinkler system which has experienced air leakage and general deterioration. This dry pipe sprinkler system protects that part of the building in which the ambient temperature is too cold and would freeze the water in a wet pipe system i.e. the attic and drive -through canopy. An Alaska Registered Professional Engineer, Jerry Herring, has examined the dry pipe system at the Congregate Housing and has recommended in his report that this dry pipe system be replaced. This project will ensure the dry pipe sprinkler system for Congregate Housirg remains in good operating condition for the protection of the residents. -77- DRY PIPE SPRINKLER SYSTEM REPLACEMENT Prepared for City of Kenai, Alaska December 11, 2008 Prepared by CENTRAL ALASKA ENGINEERING COMPANY 32266 Lakefront Drive Soldotna, Alaska 99669 Phone (907) 260-5311 Fax (907) 260-5312 Email: aken ineer(a7starba net IN VINTAGE POINTE MANOR SENIOR HOUSING DRY P SPRINKLER 'rsr REPLACEMENT A limited visual inspection of the dry pipe sprinkler system was completed at the Vintage Pointe Manor located at 381 Senior Court in Kenai, Alaska. This report is intended to evaluate the dry pipe sprinkler system. The fire protection sprinkler system was designed by Southeast Fire Protection with the drawings dated November 14, 1991. Drawing sheet 6 of shows the attic Dry Pipe System design which indicates the area of application is 1,950 square feet and the system is designed to meet NFPA 13. The routine 2008 annual testing of the sprinkler system completed by ACCEL Fire Systems on September 5, 2008 at the Vintage Pointe Manor identified issues involving the dry piping system. The report findings concluded: `Integrity of system is poor due to the piping system having large quantity of scaling and corrosion inside. We have made multiple leak repairs over the last 4 years and the piping is leaking now as well. If system is fully tripped, concern is that the piping will end up leaking more because the internal scaling will be disturbed while filling and draining the system. Recommend replacing main piping throughout. " The key to the longevity of a good dry system is being graded properly and following maintenance and inspection procedures as outlined in NFPA 25, It appears this may have been an issue in this system. Picture of the back side of the mintage Pointe Manor: December 1.1, 2008 Page 2 of 8 Central Alaska Engineering Company -79- � � � ' 0 �Rul DRY PIPE SPRINKLER SYSTEM REPLACEMENT The following provides a description of the system: ♦ From the 2007 NFPA 13, an automatic dry pipe system can be described as follows: "A sprinkler system employing automatic sprinklers that are attached to a piping system containing air or nitrogen under pressure, the release of which (as from the opening of a sprinkler) permits the water pressure to open a valve known as a dry pipe valve, and the water then flows into the piping system and out the opened sprinklers, " The problem with a leaky dry pipe system is that if the system air compressor cannot keep up with the air leak rate, then the system could inadvertently be charged with water which would then be subject to freezing in the cold attic space, This would also set off the fire alarm which would require a building evacuation effort. In addition, fully charging the system could cause the system to leak more as indicated in the test report, so it was not fully tested by ACCEL Fire Systems: The dry pipe system is required to be wet tested every 3 years per NFPA 25 requirements for system inspection and maintenance. ♦ From the 2006 IBC, Section 903.3.1.2 requires an NFPA 13R sprinkler system: " IT77ere allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R " ♦ From the 2007 NFPA 13R, Section 53.2 requires: "Piping in areas that cannot be maintained reliably above 40-F shall be protected by use of an Anti/reeze System, Dry Pipe System, or a Preaction System. " The Vintage Pointe Manor has a Dry Pipe System installed to protect the attic space and the vehicle drive -through canopy. The remainder of the sprinkler system in the Vintage Pointe Manor is a Wet Pipe System. ♦ From the 2007 NFPA 13R, Section 5.3.3 requires: "Where drypipe systems are installed, they shall be installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems. " This is important to note because NFPA 13 would then be the governing standard for the dy pipe systeni in question. ♦ Southeast Fire Protection drawing dated November 14, 1991, sheet 6 of 6, has a revision note as follows: `All piping pitched per NFPA 13 for drainage. " This is important to note because with a dry pipe system, the ability to drain the system when wet tested, out through the low point drains, is necessary for .freeze protection of the system. Unlike a wet system, the dry pipe system then has air in the system which subjects the piping and fittings to internal corrosion, scaling and pitting from residual water in the system if not adequately drained. Inadequate grading may have contributed to residual water remaining in the system. ♦ Internal corrosion is likely the source of the air leak problem as was noted in the ACCEL Fire Systems report "the piping system having large quantity of scaling and corrosion inside. " During repair work on the dry pipe system by ACCEL Fire Systems over the past years, the scaling and corrosion of the pipe threads were noted to be a problem. No sample of the cut-out material was available for inspection for this report. The condition of the system and description of the repair work was provided by Mike Warner with ACCEL Fire Systems who has hands on experience with the maintenance and testing of the subject system. The use of Allied "XL" thin - wall steel pipe is used in 2" and under applications throughout the system. There is a caution noted stamped on the pipe about proper threading of this type of pipe, December 11, 2008 Page 3 of 8 Central Alaska Engineering Company -80- MANORVINTAGE POINTE HOUSING r.PIPE SPRINKLER System Pictures: The following are pictures of the subject dry pipe system: System low- point drain and test port. Note the threaded fittings and XI. pipe. Allied "XL" Thin-Firall Pipe With caution note about improper threading. December 11, 2008 Page 4 of 8 Central Alaska Engineering Company -81- System Pictures Continued: The following are more pictures of the system components: 4" maim to 2-112 `risen tee with grooved GRUPLOKfrtting. Dr)" pipe installed in the attic. Properly graded far drainage? December 11, 2008 Page 5 of 8 Central Alaska Engineering Company -82- REPAIR RECOMMENDATIONS: The following options are available: Do nothing at this time and continue to let the system deteriorate. Make repairs as the compressor system does not meet the standard ofNFPA 13, Section 24.2.2.1 which calls for an air pressure leakage test at 40 psi with a loss of no greater than 1-1/2 psi over the 24 hour test period. As a minimum, proper monitoring of the air system should be completed on a routine basis and repairs made when the standard is not met. This could turn into a worst case scenario if the system were to inadvertently charge which could cause further system deterioration. If the system were to go off in the middle of winter and at night, this could cause freezing damage to the charged system, would cause evacuation of the building and undue stress on the occupants. The existing dry pipe sprinkler system has been at risk for the past four years. The recommendation by ACCF.L Fire Systems in the September S, 2008, inspection report is to replace the main piping throughout the dry pipe system. The extent and cost of this modification varies on how the work is to be done. There are estimated to be over 175 sprinkler heads supplied by the dry pipe system. One way would be to abandon the existing system in place as much as possible and install all new piping and sprinkler heads throughout. Project cost would depend on the time of year the work is done, the extent of tolerance the occupants will be subjected too, dedicated space for construction on the third floor, and the types of material to be used in the installation. It is recommended Schedule 10 galvanized pipe with grooved fittings be used on the cross mains and Schedule 40 dyna- thread steel pipe be used in the feed mains. A rough order of magnitude cost estimate for replacement of the dry pipe system is $101,263 +/- 30%and is provided on page 7. The use of alternative materials such as CPVC to reduce the installation cost is prohibited by NFPA 13 in a dry pipe application. CPVC pipe is not designed for this application being exposed in a cold attic space. December 11, 2008 Page 6 of 8 Central Alaska Engineering Company -83- 011IRVAU Unit Direct Cost Item Description Unit Quantity Cost Subtotal 4" Horizontal Sch 40 Steel Main LF 125 $10 $1,250 4" Vertical Sch 40 Steel Main LF 25 $10 $250 4"x3" GRUVLOK Tee's # 2 $40 $80 3" Horizontal Sch 40 Steel Main LF 90 $8 $720 2-1/2" Vertical Sch 40 Steel Main LF 66 $7 $420 3"x2-1/2" GRUVLOK Tee's # 12 $38 $456 1"-2" Vertical Sch 10 Allied XL Pipe LF 50 $6 $300 2"xl-1/2" Cast Iron Tee's # 10 $20 $200 1"-2" Horizontal Sch 10 Allied XL Pipe LF 1400 $6 $8,400 V-2" Tee's # 200 $5 $1,000 Sprinkler Heads # 175 $20 $3,500 1-1/2" Drip Drums # 4 $85 $340 1" Drip Drums # 4 $80 $320 4 Man Crew HR 640 $55 $35,200 30% Demolition LF 525 $10 $5,250 Total Estimate of Direct Costs Indirect Cost Item Description $57,686 Project Superintendent Month 1 $10,000 $10,000 Project Engineer Month 0.5 $8,000 $4,000 Bond # 1 $2,500 $2,500 Mobilization & Demobilization # 1 $5,000 $5,000 Job Shack Month 1 $800 $800 Pick -Ups Month 1 $400 $400 Lodging & Subsistence Month 1 $4,000 $4,000 Total Estimate of Indirect Costs $26,700 Contractor Overhead @ 10% $8,439 Contractor Profit @ 10% $8,439 Total Project Estimate+1- 30% $101,263 Assumptions: The building will remain fully occupied during the job. Staging areas will be provided outside and on the third floor. Limited access to third floor to one route for workers. 40 man-hour workweek, hours and days allowed for construction to minimize disturbing the residents. December b1, 2008 Page 7 of 8 Central Alaska Engineering Company -84- Scope of Work: The scope of work is to provide design -build construction services by a qualified contractor to replace the dry pipe sprinkler system in the attic (approximately 1950 SF) and the vehicle drive -through canopy (approximately 784 SF) at the Vintage Pointe Manor, Kenai, Alaska. The dry pipe sprinkler system requires replacement due to air leakage of the existing system. The replacement system shall be designed and installed with proper grading and drainage to allow for testing and maintenance. The new system shall be flushed and pressure tested at 200 PSI for 2 hours. Demolition of the existing piping shall be completed as necessary as to permit installation of the replacement piping. Installation of drip drums and piping necessary to assure proper drainage of the dry pipe system shall be required. Specifications: The replacement dry pipe system shall be designed and installed to meet NFPA 13 requirements for this type of application. All pipe and fitting materials, proper grading and drainage for testing shall meet NFPA 13 standards. Supportine Assumptions and Information: The building will remain fully occupied during the construction effort. Staging areas will be provided outside and on the third floor. Care must be taken to protect floor coverings, walls, etc. Limit access to the third floor to one route for the workers. Note hours and days allowed for the construction to minimize disturbing the residents. Contact Rachael (on -site manager) at 283-4156 to work out specifics. December 11, 2008 Page 8 of 8 Central Alaska Engineering Company �10 + Suggested by: City Council CITY OF KENAI RESOLUTIONNO.2008-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE FINANCIAL DISCLOSURE STATEMENT FORM FOR CITY OF KENAI MUNICIPAL OFFICERS AND CANDIDATES PURSUANT TO KMC 1.85. WHEREAS, on July 16, 2008 the Kenai City Council enacted Ordinance No. 2323- 2008; and, WHEREAS, Ordinance No. 2323-2008 amended the financial disclosure requirement for municipal officers and candidates contained in KMC 1.85; and, WHEREAS, KMC 1.85.020(c) provided that the financial disclosure form must be approved by a resolution of the Kenai City Council; and, WHEREAS, on October 7, 2008, the voters of the City of Kenai approved Ballot Proposition A which exempted the City of Kenai municipal officers and candidates from the State of Alaska financial disclosure requirement and instead required them to file a City of Kenai financial disclosure statement. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai Public Official Financial Disclosure Statement shown in Attachment "A" is hereby approved. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of January, 2009. ATTEST: Carol L. Freas, City Clerk Im PAT PORTER, MAYOR OFFICIAL FINANCIAL DISCLOSURE STATEMENT 1. This report is for City of Kenai Planning & Zoning Commission members; the City Manager, the City Clerk, the City Attorney, City of Kenai municipal candidates; and incumbent Mayor and Council Members. 2. This report is for the preceding calendar year, so include any information about financial interests held between 3anuary 1, 2008 and December 31, 2008. 3. You must show your financial interests and those held by your spouse, domestic partner, non- dependent children residing with you, or dependent children during the preceding calendar year. 4. If you, your spouse, domestic partner, non-dependent child residing with you or dependent child ("covered individual") is a sole proprietor, member of a partnership or limited liability company, shareholder in a corporation or a professional corporation in which the covered individual holds a controlling interest, or the owner of a controlling interest in another business entity, then the disclosures required under this form also apply to the covered individual's sole proprietorship, partnership, limited liability company, corporation professional corporation or the business entity. 5. Health care providers*, certified public accountants, stock brokers, or financial advisors, attorneys and their spouses or domestic partners are not required to disclose, as sources of inrome; the nam..es of individual patients or clients who received professional can iroc This exemption shall not apply to the identify of any corporation or other business entity having a contract with the professional producing income of $5,000 or more for services to its members or a defined group, nor to the identity of clients receiving services that do not fall within the professional's field of expertise. 6. * "Heath Care Provider" means an acupuncturist licensed under AS 08.06, an audiologist or speech language pathologist licensed under AS 08.11., a chiropractor licensed under AS 08.20, a dental hygienist licensed under AS 08.32, a dentist licensed under AS 08.36, a nurse licensed under AS 08.68, a dispensing optician licensed under AS 08.71, a naturopath licensed under AS 08,45, an optometrist licensed under AS 08.72, a pharmacist licensed under AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a physician or physician assistant licensed under AS 08.64 a podiatrist licensed under AS 08.64, a psychologist or psychologist associate licensed under AS 08.86. If you need help, call the Kenai City Clerk at (907) 283-7535, extension 231. If additional pages are needed to list information, include the schedule and your name at the top of each extra page. NAME: (Phone) (Fax number) OCCUPATION MAILING ADDRESS: (Current Street Address or Post Office Box) (E-Mail Address) (City/Town and Zip Code) OFFICE HELD OR SOUGHT OFFICE: TERM OF OFFICE: From TYPE OF STATEMENT (CHECK ONE): ❑ CANDIDATE STATEMENT ❑ INITIAL STATEMENT ❑ ANNUAL STATEMENT DOMESTIC PARTNER: DEPENDENT CHILDREN: Must be filed with your declaration of candidacy For newly appointed municipal officers Due by April 15. 2009 City of Kenai Financial Disclosure Statement Page 2 to SCHEDULE A SOURCES OF INCOME OVER $5,000 Salaried Employment If NONE report ale, check box ❑ Report the name of each employer who paid you, your spouse, domestic partner, non-dependent children residing with you, or dependent children more than $5,000 during calendar year 2008. 11 Name of filer, spouse, domestic partner or child: Employer's Name: Name of filer, spouse, domestic partner or child: Employer's Name: Name of filer, spouse, domestic partner or child: Employer's Name: Name of filer, spouse, domestic partner or child: Employer's Name: seir-cmpioyment tr MUM reportaore, cnecK pox L List the name and address of each self-employment business that was a source of income of more than $5,000 for you, your spouse, domestic partner, non-dependent children residing with you, or dependent child during calendar year 2008. If the business is non -retail, fist the first and last name of each client or customer who paid the business over $5,000. Self-employment includes: sole proprietor, partnership, limited liability company, shareholder in a professional corporation; or if you held (individually or with another family member) more than 50% of the stock in a corporation. Name of filer. $muse. domestic nartner or child: Business Name: Retail ❑ Non -Retail ❑ (If you check non -retail, list clients/customers below.) Name of client/customer: Name of filer, spouse, domestic partner or child: Business Name: Retail ❑ Non -Retail ❑ (If you check non -retail, list clients/customers below.) Name of client/customer: 2009 C4 of Kenai Financial Disclosure Statement Page 3 M If additional pages are needed to list information, include the schedule and your name at the top of each extra page. 'I • 16, i i to List the first and last name of each tenant from whom over $5,000 was received during calendar year 7nna Owner (filer, spouse, domestic partner or child) Tenant(s) ...f -�. ,s`- tea: ■ Report the name of the source of all dividends, interest and capital gains over $5,000 earned during CALENDAR YEAR 2008 such as Dean Witter Money market Acct. or CD's in ABC Bank. • List the name(s) of the asset(s) (not in a retirement account) which paid you, your spouse, domestic partner or child dividends, interest or capital gains of more than $5,000 last year such as IBM stock or Cordova Municipal Bonds. • (Report the assets of a retirement account or trust on page 7). Recipient (filer, spouse, domestic partner or child) Name of Source of Income Name of Source El 2009 City of Kenai Financial Disclosure Statement Page 4 no If additional pages are needed to list information, include the schedule and your name at the top of each extra page. SCHEDULE B BUSINESS INTERESTS Report all business interests even if they were not sources of income to you, your spouse, domestic partner, non-dependent child residing with you, or dependent child during calendar year 2008. • List ownership interests of more than $5,000 as a shareholder in publicly traded stocks, that are not listed elsewhere on this form. (A list of the names of publicly traded stocks such as IMB or Intel may be listed by name only on a separate page.) • List ownership interests in non -publicly traded companies such as a sole proprietor, shareholder, owner, partner, officer, or director including ownership interests in Native corporations. • List interests in limited liability companies. • List director or officer position in profit and non-profit organizations. Describe the business activity with sufficient detail to tell a reader what the organization actually does. Name of filer, spouse, domestic partner or child Business Name: Business Addre< Nature of Interest: Description of Business's Activity: Name of filer, spouse, domestic partner or child: Business Business Address: Nature of Interest: Description of Business's Activity: Name of filer, spouse, domestic partner or child: Business Name: Business Address: Nature of Description of Business's Activity: Name of filer, spouse, domestic partner or child: Business Name: Business Nature of Description of Business's 2009 City of Kenai Financial Disclosure Statement Page 5 M If additional pages are needed to list, information, include the schedule and your name at the top of each extra page. SCHEDULE C REAL PROPERTY INTERESTS/RENT TO OWN Report all property interests such as your home, real property leased or rented from others, rent -to -own home, rental property, vacant, recreational, business property or limited partnerships including real estate interests held in an LLC, or held through a trust or sold during calendar year 2008. Include a street address, city and state or complete legal description for each piece of property listed. Do not use milepost markers or post office boxes. Use copies of this page if you need additional space to complete this section. Name of filer, spouse, domestic partner or child: Street Address or Legal Description:. City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Current Use (Optional) Name of filer, spouse, domestic partner or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, domestic partner or child:_ Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, domestic partner or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, domestic partner or child:_ Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) 2009 City of Kenai Financial Disclosure Statement Page 6 Current Use (Optional) Current Use (Optional) Current Use (Optional) Current Use (Optional) &01911 If additional pages are needed to list information, include the schedule and your name at the top of each extra page. Report each beneficial interest in a trust or retirement account held by you, your spouse, domestic partner, non-dependent children residing with you, or dependent children that exceeded $5,000 during calendar year 2008. Retirement accounts include employee benefit accounts (pension and profit-sharing accounts), and retirement accounts (IRA 401K SEP or Keogh). Assets of a trust or retirement account include stocks, bonds, mutual funds, cash accounts, CD's, real property. • Name the trustor (the person or employe who provided the funds or assets for the trust or retirement account). • If a trust or retirement account is self directed, also list the assets by name such as IBM stock or TempletbnGrowth Fund. Name of filer, spouse, domestic partner or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of fifer, spouse, domestic partner or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, spouse, domestic partner or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Truster). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. Name of filer, spouse, domestic partner or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor). Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust. 2009 City of Kenai Financial Disclosure Statement Page 7 If additional pages are needed to list information, include the schedule and your name at the top of each extra page. SCHEDULE E LOANS, LOAN GUARANTEES, AND DEBTS Of $5,000 OR MORE Report the name of each creditor or lender to whom more than S5,000 was owed during calendar year 2008 by you, your spouse, domestic partner, non-dependent children residing with you, or dependent children. List financial obligations including mortgages on property sold during calendar year 2008; loans that have been guaranteed; mortgage, boat and auto loans; business and personal loans; escrows; student loans; signature loans; and promissory notes. Loans include secured, unsecured and contingent loans. Do not report credit card obligations or revolving charge accounts, delinquent taxes, alimony, child support payments or medical bills. Circle whether the entity is a lender, creditor or guarantor. Name of Debtor (filer, spouse, domestic partner or child) Name of Debtor (filer, spouse, domestic partner or child) Name of Debtor (filer, spouse, domestic partner or child) Name of Debtor (flier, spouse, domestic partner or child) Name of Debtor (filer, spouse, domestic partner or child) Name of Debtor (filer, spouse, domestic partner or child) Name of Lender/Creditor/Guarantor Name of Lender/Creditor/Guarantor Name of Lender/Creditor/Guarantor Name of Lender/Creditor/Guarantor Name of Lender/Creditor/Guarantor Name of Lender/Creditor/Guarantor Natural Resource Leases If NONE reportable, check box ❑ Usk all natural resource leases, including mineral, timber, or oil leases bid, held, or offered during calendar year 2008. Report this information for yourself, your spouse, domestic partner, non-dependent children residing with you, or dependent child who was a sole proprietor, a partnership or professional corporation of which you are a member, or a corporation in which you or your family members listed above (or a combination of them) held a controlling interest. Leaseholder Indicate: Bid, held, or offer made Leaseholder Indicate: Bid, held, or offer made Nature of Lease Identity of Lease and Description Nature of Lease Identity of Lease and Description 2009 City of Kenai Financial Disclosure Statement Page 8 -95- If additional pages are needed to list information, include the schedule and your name at the top of each extra page. SCHEDULE List all contracts and offers to contract with the state or instrumentality of the state or a municipality during calendar year 2008 held, bid or offered. Report this information for yourself, your spouse, domestic partner, non-dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional corporation of which you area member, or a corporation in which you or your family members listed above (or a combination of them) held a controlling interest. Name(s) of Contractor Indicate: Bid, held or offer made Name(s) of Contractor Indicate: Bid, held or offer made SCHEDULE Contracting Agency/Department Contract number and description Contracting Agency/Department Contract number and description List all contracts and offers to contract with the City of Kenai during calendar year 2008 held, bid or offered. Report this information for yourself, your spouse, domestic partner, non-dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional corporation of which you are a member, or a corporation in which you or your family members listed above (or a combination of them) held a controlling interest. Name(s) of Contractor Indicate: Bid, held or offer made Name(s) of Contractor Indicate: Bid, held or offer Name(s) of Contractor Indicate: Bid, held or offer made Name(s) of Contractor Indicate: Bid, held or offer made 2009 City of Kenai Financial Disciosure Statement Page 9 Contracting Agency/Department Contract number and description Contracting Agency/Department Contract number and description Contracting Agency/Department Contract number and description Contracting Agency/Department Contract number and description SCHEDULE H BUSINESS OR FINANCIAL DEALING OVER rii WITH ANY MUNICIPAL OFFICER OF THE CrrY OF KENAI Business or Financial Dealing If NONE reportable, check box ❑ List all business or financial dealing over $5,000 with any municipal officer of the City of Kenai during calendar year 2008. Report this information for yourself, your spouse, domestic partner, non-dependent children residing with you, or dependent children who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or a combination of them) held a Name of filer, spouse, domestic partner or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of filer, spouse, domestic partner or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of filer, spouse, domestic partner or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of filer, spouse, domestic partner or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of filer, spouse, domestic partner or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: 2009 City of Kenai Financial Disclosure Statement Page 10 -97- If additional pages are needed to list information, include the schedule and your name at the top of each extra page. Fbelieve nalty of perjury the information in this Statement is to the best of my knowledge, complete. A person who makes a false sworn certification which he or she does true is guilty of perjury. DATE Printed Name of Filer Place Where to file this Statement: MUNICIPAL OFFICIALS AND CANDIDATES -- File Statements with the Kenai City Clerk 210 Fidalgo Avenue Kenai, AK 99611 Telephone: (907) 283-7535, extension 231 Fax: (907) 283-5068 2009 City of Kenai Financial Disclosure Statement Page 11 -98- lKllaye with a Past, C# with a Futare" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.d.kenai.ak.us \Ny Mectyof1/ KENAV SKA MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City C1er City of Kenai DATE: January 16, 2 09 sI I I NMI .III., a i The City of Kenai is required by the Alcoholic Control Board to file letters protesting the continued operation of liquor licenses by January 31 of each new year. At this time the following liquor licenses are not current: Alaskalanes. Inc., d/b/a Alaskalanes Bowline Center Owing: Lease Payments Amy & George Bowen, d/b/a One Stop Owing: Sales and Real Property Taxes, Water/Sewer Kenai Landing Inc.. d/b/a Kenai Landing Owing: Sales Tax Kenai Citv Code states, 2.40.010 Obligations to Citv: It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. (Emphasis added.) 2.40.020 Approval by Council.: Prior to approving renewal of any liquor license by the City of Kenai, the Council shall enter findings in the minutes of the Council that the afore -described liquor licensees have satisfied all obligations to the City of Kenai or that the applicant has entered into a City approved payment plan with the Borough or City on any obligations owed to the City and said applicant is in compliance with said payment plan. After making such finding, the City Council may grant the approval requested. (Emphasis added.) These businesses have been sent a certified letter noting amounts owed. Does council direct the City Clerk to forward a letter protesting the continued operation of the above -referenced liquor licenses if accounts are not current by Friday, January 30, 2009? WO qt tke city o� KENUALASKA January 22, 2009 "'Villaye with a Past City with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507-1286 RE: LIQUOR LICEIVSE RENEWALS) www.ci.kenai.ak.us At its regular meeting of January 21, 2009, the Kenai City Council reviewed the following liquor license renewal application(s) and raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Club Golf Course Peninsula Moose Lodge # 1942 (License #2494) Kenai Golf Course 44708 BPO Elks Lodge #2425 (License #368) Beverme Dispensary Recreational Site The Rainbow Bar #1312 Peninsula Oilers #846 If you have any questions, please contact me at 283-7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant(s) -100- JAN-06-2009 TUE 11:00 AM KENAI PENN BOROUGH CLERK FAX NO, 907 262 8615 P, 01/01 KENAI PENINSULA BOROUGH 144 N. BINKLEY ST - SOLOOTNA, ALASKA - 99669.7620 PHONE: (907) 714.2160 • FAX: (907) 714-2388 j Toll -free within the Borough: 1-800-476-4441, Ext. 2160 EMAIL: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, CIVIC BOROUGH CLERK January 6, 2008 Ms. Daum Holland -Williams Records 8c Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Signor License #368 & #846 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the following application(s) for renewal of liquor license(s) of the establislmrent(s) located within the City of Kenai, Alaska: Ciab acecreationni Sbie- S19 BPO Elks Lodge #2425 (Lic#368) Peninsula Oilers #846 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Johni Blankenship CMC Borough Cleric cc: Applicant City of Kenai KPB Finance Department File -101- KENAI PENINSULA BOROUGH f 144 N. BINKLEY ST * SOLDOTNA, ALASKA • 99669-7520 PHONE: (907) 714.2160 • FAX: (907) 714 2386 Toll -free within the Borough,1-800-478.4441, Ext. 2160 EMAIL: assemblycJerk@borough.kenai.akus JOHNI BLANKENSHIP, CIVIC BOROUGH CLERK January 6, 2008 Ms. Dawn Rolland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor License #I312, #2494 & #4709 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the following application(s) for renewal of liquor license(s) of the ostablishment(s) located within the City of Kenai, Alaslm: Oub Golf Course Peninsula Moose Lodge #1942 (Lic42494) Kenai Golf Course'#4709 Deverage Dispensary The Rainbow .Bar #1312 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Johni Blanlccnship CMC U Borough Clerk cc: Applicant City of Kenai KPB Finance Department File -102- AGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 7, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kcnaLak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLYLEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2363-2008 -- Amending KMC 4.30.010-.015 to adopt the National Electrical Code, 2008 Edition of the National Fire Protection Association with Local Amendments to the Above, 2. Ordinance No. 2364-2008 -- Increasing Estimated Revenues and Appropriations by $24,292 in the Senior Citizens Fund for Essential Program Equipment and Deferred Maintenance. 3. Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. 4. Ordinance No. 2366-2008 -- Amending KMC 1.85.020 to Change the Threshold Amount of Income, Business Interests, Loans, Trusts and Other Financial Transactions that Must Be Reported on the City's Financial Disclosure Form From One Thousand Dollars ($1,000) to Five Thousand Dollars ($5,000). Ordinance No. 2367-2008 -- (1) Reducing Estimated Revenues and Appropriations by $166,442.60 in the General Fund Non -Departmental for Transfer to the Visitor Center Heating System Capital Projects Fund; (2) and Reducing a Previous Appropriation in the Visitor Center Heating -103- System Capital Projects Fund for Replacement of the Center's Heating System. Ordinance No. 2368-2008 -- Increasing Estimated Revenues and Appropriations by $16,016 in the Airport Fund and by $640,681 in the Runway Improvement Capital Project Fund for Capital Improvements. 7. Ordinance No. 2369-2008 -- Increasing Estimated Revenues and Appropriations by $140,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Window Replacement at the City's Vintage Pointe Manor Congregate Housing Facility. Ordinance No. 2370-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime Expenditures. Ordinance No. 2371-2008 -- Amending the Official Kenai Zoning Map by Rezoning Thompson Park Bergboltz (Preliminary Plat) Consisting of Approximately 1.96 Acres From Rural Residential and Suburban Residential to Suburban Residential. 10. Ordinance No. 2372.2008 -- Amending the Official Kenai Zoning Map by Rezoning Kenai Municipal Airport -- Float Plane Basin Replat (Preliminary Plat) Approximately 162 Acres Within the Airport Reserve in the City of Kenai From Conservation and Rural Residential to Light Industrial. 11. Resolution No. 2009-01 -- Authorizing a Budget Transfer of $30,000 From the General Fund Non -Departmental General Contingency to the General Fund City Manager Professional Services for Lobbyist Services in Securing Federal Funding for the City's Kenai River Bluff Erosion Project. ITEM F: MINUTES 1. *Regular Meeting of December 17, 2008. 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2373-2009 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 9-13 Block 12, Mommsens Subdivision Replat ofAddn. I & 2 (Parcels 039-102-23 Through 039-102-27), to Habitat for Humanity for Construction of Housing. am 4. *Ordinance No. 2374-2009 -- Increasing Estimated Revenues and Appropriations by $130,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Replacement of the Dry Pipe Sprinkler System at the City's Vintage Pointe Manor Congregate Housing Facility. Approval -- Assignment of Lease/Everts Air Fuel, Inc. to ENA LLC, Lots 5 & 6, Block 1, FBO Subdivision. 6. Discussion/Approval -- Reappointment of Commission, Committee Board Members. 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 d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon Task Force ITEM J: REPORT OF THE MAYOR ITEM K: ADMIPIISTDATION REPORTS I. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. -105- 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 -Publication -Late Materials. (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are pending: The original Ordinance No. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to move Substitute Ordinance No. 2347-2008 is on the table from the September 17, 2008 meeting; a motion to postpone (with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for October 15, 2008 in the council chambers.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Resolution No. 2008-68 - Approving the Financial Disclosure Statement Form for City of Kenai Municipal Officers and Candidates Pursuant to KMC 1.85. (Clerk's Note: Resolution No. 2008-68 was postponed at the December 3, 2008 council meeting to allow for an ordinance to move forward, amending KMC 1.85.020 to change the threshold amount of income, business interests, loans, trusts and other fnancial transactions that must be reported on the city's financial disclosure form from $1, 000 to .$5, 000 and incorporate those amounts into the Statement form.) EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT MGM KENAI CITY COUNCIL - REGULAR MEETING JANUARY 7, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.u,-, MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building, A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Mike Boyle Pat Porter, Mayor Hal Smalley Joe Moore Barry Eldridge _ Rick Ross, Vice Mayor Robert Molloy � i A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL. The following changes were requested: ADD TO: H-6, Discussion/Approval -- Addition of Glenda Feeken application/consideration of appointment to the Airport Commission. MOTION: Council Member Smalley MOVED for the approval of agenda with the addition and requested UNANIMOUS CONSENT, Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA 16[419ato]i -107- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 2 Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Janine Espy, 403 McCollum Drive, Kenai -- Thanked the city for holding the informational meeting related to the Limited Commercial Zone and reviewed questions she believed were not answered. The list of questions was submitted to the City Clerk for the record. Becky Espy, 103 Magic Avenue, Kenai -- Noted the residents involved with the Limited Commercial Zone discussions were good citizens and wanted the council to continue thinking of them in that manner without regard as to how the issue ended. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly Member Smalley reported on the Borough Assembly Meeting held on January 6, 2009, noting the Spruce Bark Beetle Program would continue for the next one to four years, and mitigation programs for the city were included. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-I. Ordinance No. 2363-2008 -- Amending KMC 4.30.010-.015 to adopt the National Electrical Code, 2008 Edition of the National Fire Protection Association with Local Amendments to the Above. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2363-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. City Manager Koch reported the ordinance was for general housekeeping and would bring the electrical code up to date. VOTE: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 3 Bo le Yes Porter Yes Smalle Yes Moore Yes Eldrid e Yes Ross Yes Molloy I Yes E-2. Ordinance No. 2364-2008 -- Increasing Estimated Revenues and Appropriations by $24,292 in the Senior Citizens Fund for Essential Program Equipment and Deferred Maintenance. Council Member Eldridge MOVED for the adoption of Ordinance No. 2364-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. Koch gave a brief report of what purchases would be made with the grant funding, i.e. office furniture, copier/scanner, phone upgrades, etc. *Student Representative Johnson: Yes Boyle Yes j Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes �I Molloy I Yes MOTION PASSED UNANIMOUSLY. Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2365-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. -109- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 4 Council comments included: • Mayor/council stipend was reduced at the time of the K-Mart closure and loss of sales tax income to the city. • Sales tax income had increased (Lowe's opened and Wal-Mart to open in the fall). • Funding was included in the current budget for the increase, however if passed, the ordinance would not go into effect until after the October general election. • Belief the issue should be tabled and discussed during the budget preparation work sessions. MOTION TO TABLE: Council Member Moore MOVED to table Ordinance No. 2365-2008 until the first meeting in July. Council Member Eldridge SECONDED the motion. VOTE ON TABLE OF MOTION: *Student Representative Johnson: Yes Bo le No Porter Yes SmalleyNo Moore Yes Eldrid e Yes Ross Yes Mollo No MOTION PASSED. E-4. Ordinance No. 2366-2008 -- Amending KMC 1.85.020 to Change the Threshold Amount of Income, Business Interests, Loans, Trusts and Other Financial Transactions that Must Be Reported on the City's Financial Disclosure Form From One Thousand Dollars ($1,000) to Five Thousand Dollars ($5,000). 17 4 U473 Council Member Smalley MOVED for adoption of Ordinance No. 2366-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. *Student Representative Johnson: Yes -110- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 5 Bo le Yes Porter Yes Smallev Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. E 5. Ordinance No. 2367-2008 -- (1) Reducing Estimated Revenues and Appropriations by $166,442.60 in the General Fund Non -Departmental for Transfer to the Visitor Center Heating System Capital Projects Fund; (2) and Reducing a Previous Appropriation in the Visitor Center Heating System Capital Projects Fund for Replacement of the Center's Heating System. Council Member Eldridge MOVED for adoption of Ordinance No. 2367-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. Natasha Ala., Director, Kenai Convention & Visitors Bureau, 11471 Kenai Spur Highway, Kenai -- Ala comments included the following: • Encouraged council to use the surplus of funding to upgrade the kitchen at the Center to a DEC -approved commercial level for use by vendors, caterers, etc. i A nominal fee would be charged to users of the kitchen for preparation of value-added foods. ® Requested consideration to have tile placed in the front entryway of the as it was the area of heaviest traffic and the would wear better than carpet. • Requested consideration to have the front desk moved back toward the wall to enlarge the foyer area which would reduce congestion when large groups enter the building. Harold Piland, Coordinator of Saturday Market -- Stated his support of upgrading the kitchen to commercial grade for possible use as a training area for preparing foods as a part of Saturday market activities. Piland submitted letters of support for distribution to council. Marion Nelson, 44665 Tower Hill Road, Kenai -- Nelson noted she was a member of the KVCB Board of Directors and stated her support for a DEC approved kitchen for year-round use; noted the current kitchen was not caterer -friendly; and, with the other work being done in the building, it would be a good time to upgrade the kitchen. Council/Administration discussion followed with comments including: -111- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 6 • Because a commercial grade kitchen would need ADEC design approval, etc., there would not be enough time to finish a kitchen project before the rest of the work would be done -- it should be a separate project. 4 Administration was moving forward with the renovation work in its current design, including new appliances, countertops, cabinetry (or repair) for the kitchen in its current design. • Support to move forward with a remodel of the kitchen. • A complete renovation of the kitchen was not in the present contract; DEC design approval should be received prior to the work being completed; there are specific requirements to incorporate into a commercial kitchen. • There are other commercial kitchens at the Senior Center and The Challenger Center available for rent. • There would be sufficient funding in the project fund (after removing the $166,000+) to cover costs of tile for the entryway and moving the front desk, though those items had not been discussed previously with the KVCB. • Interest in. passing the ordinance and then investigate the renovation/remodeling of the kitchen. • Request for more information as to how training, catering and Saturday Market use would co -exist. • Desire to have Administration prepare a plan to upgrade the kitchen and bring it to council during the budget process and the project compete with other projects for funding. • Desire to have the topic included on the next agenda as the renovation of the building began months prior. VOTE: *Student Representative Johnson; Yes Bo le No Porter Yes Smalley No Moore Yes Eldridge Yes Ross Yes Molloy No MOTION PASSED. E-6. Ordinance No. 2368-2008 -- Increasing Estimated Revenues and Appropriations by $16,016 in the Airport Fund and by $640,681 in the Runway Improvement Capital Project Fund for Capital Improvements. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2368-208 and Council Member Smalley SECONDED the motion. -112- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 7 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Koch reported obstruction clearing would take place with trees being topped in the cemetery, new cemetery area, as well as other areas. VOTE: *Student Representative Johnson: Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes j MOTION PASSED UNANIMOUSLY. E-7. Ordinance No. 2369-2008 -- Increasing Estimated Revenues and Appropriations by $140,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Window Replacement at the City s Vintage Pointe Manor Congregate Housing Facility. MOTION: Council Member Eidndge MOVED to adopt Ordinance No. 2369-2008 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. A brief update was given with regard to the window replacement and that residents were requested to contact the Senior Director if they were experiencing heating issues. VOTE: *Student Representative Johnson: Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes �; � j MOTION PASSED UNANIMOUSLY. -113- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 8 E-8. Ordinance No. 2370-2008 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for Police Overtime Expenditures. Council Member Molloy MOVED to enact Ordinance No. 2370-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE - *Student Representative Johnson: Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes � _ i MOTION PASSED UNANIMOUSLY. E-9. Ordinance No. 2371-2008 -- Amending the Official Kenai Zoning Map by Rezoning Thompson Park Bergholtz (Preliminary Plat) Consisting of Approximately 1.96 Agree From Riirgi Ragir3enta7 and Suburban rhan Residential to Suburban Residential. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2371-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Molloy stated Mr. Bergholtz was a client of his as a fundraiser prize though it had nothing to do with the property and Molloy had no interest in the property or did not expect to continue the relationship. He added, he did not believe he had any direct or indirect conflict. Attorney Graves advised Molloy could vote on the issue. VOTE: *Student Representative Johnson: Yes -114- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE9 Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy � Yes j ' I E-10. Ordinance No. 2372-2008 -- Amending the Official Kenai Zoning Map by Rezoning Kenai Municipal Airport -- Float Plane Basin Replat (Preliminary Plat) Approximately 162 Acres Within the Airport Reserve in the City of Kenai From Conservation and Rural Residential to Light Industrial. Council Member Eldridge MOVED to adopt Ordinance No. 2372-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. A brief discussion of council took place during which it was noted: • The rezone would be a step in the process of developing the float plane basin and was a precursor to an environmental assessment. ® Current --Hang of fu e properties was Conservation and Rural Residential. • The property could be developed with hangars. • FAA required the rezone in order to develop property that does not abutt a runway or taxiway and the rezone would eliminate a split zone. • The city could do an environmental assessment. • The intent is to create a zone consistent with the Code and Comprehensive Plan. • Concern expressed to have noise buffers between the airport and neighborhoods. VOTE: *Student Representative Johnson: Yes Boyle Yes Porter ��Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes -115- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 10 E-11. Resolution No. 2009-01 -- Authorizing a Budget Transfer of $30,000 From the General Fund Non -Departmental General Contingency to the General Fund City Manager Professional Services for Lobbyist Services in Securing Federal Funding for the City's Kenai River Bluff Erosion Project. MOTION: Council Member Smalley MOVED to adopt Resolution No. 2009-01 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Koch reported he intended to add to the agreement requirements to provide monthly summaries of activities and monthly listings of contacts. He added, the work would be completed by the end of February. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 8:22 P.M. BACK TO ORDER: 8:34 P.M. ITEM F: MINUTES F-1. Regular Meeting of December 17, 2008 -- Approved by consent agenda. ITEM Cam: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified Fr, 4_;ev Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 5"0 KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 11 OTS" p Council Member Smalley MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2373-2009 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 9-13 Block 12, Mommsens Subdivision Replat ofAddn. I & 2 (Parcels 039-102-23 Through 039-102-27), to Habitat for Humanity for Construction of Housing. Introduced through approval of the consent agenda. H-4. Ordinance No. 2374-2009 -- Increasing Estimated Revenues and Appropriations by $130,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Replacement of the Dry Pipe Sprinkler System at the City's Vintage Pointe Manor Congregate Housing Facility. Introduced through approval of the consent agenda. H-5. Approval -- Assignment of Lease/Everts Air Fuel, Inc. to ENA LLC, Lots 5 & 6, Block 1, FBO Subdivision. 1 r f Council Member Molloy MOVED to approve the Assignment of Lease from Everts Air Fuel, Inc. to ENA LLC, Lots 5 & 6, Block 1, FBO Subdivision. Council Member Smalley SECONDED the motion. It was noted, all the requirements of the new lessee was transferred including insurance. FM *Student Representative Johnson: Yes Bo le Yes 1 Porter 1 Yes Maore Yes I Eldrid e Yes -117- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 12 Molloy Yes H-6. Discussion/Approval -- Reappointment of Commission, Committee Board. Members, Mayor Porter, referring to the information provided in the packet, noted her desire to reappoint all of those who responded stating their interest in being reappointed. She noted, she would contact Fina Keifer to ask if she wanted to be reappointed. Porter noted the application of Glenda Feeken for appointment to the Airport Commission and stated her desire to make that appointment. There were no objections stated by council of the appointment or reappointments. I-1. Council on Aging -- Council Member Ross reported a meeting would be held on Thursday, January 8, 2009. I-2. Airport Commission -- Council Member Eldridge reported a meeting would be held on Thursday, January 8, 2009. I-3. Harbor Commission -- Council Member Smalley reported the next meeting would be held on Monday, January 12, 2009. I-4. Library Commission -- Council Member Boyle reported on the January 6, 2009 meeting, noting the Commission's desire for the council to approve the thank - you letter to the area legislators. I-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held on January 15, 2009. I-6. Planning & Zoning Commission -- Council Member Molloy reported the next meeting was scheduled for January 14, 2009. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter reported the next meeting was scheduled for Tuesday, January 13, 2009. I-7b. Alaska Municipal League Report -- Council Member Smalley reported preparations were being made for the January 28, 29 winter meeting. I-7c. Mini -Grant Steering Committee -- No meeting. dK:11 KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 13 I-7d. Advisory Cemetery Committee -- Parks & Recreation Director Frates reported the neat meeting would be held on January 15, 2009, I-7e. Kenai Convention & Visitors Bureau -- Council Member Boyle reported the next meeting was scheduled for January 26, 2009 in the temporary office at the Benco Building, I-7f. Salmon Task Force -- Council Member Moore reported an initial meeting was held and a second meeting was scheduled for January 20, 2009, Discussion continued related to the thank -you letter requested to be sent by the Library Commission. Koch noted Administration's position remained the same, i.e. not in support of the request for an additional $1 million because it could dilute what had already been achieved in the Governor's budget. Council approved the letter with the removal of the sentence referencing the request for an additional $1 million. ITEM S: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She and Council Member Ross attended the State's 50th Anniversary Celebration in Anchorage and reported on events that took place. • She attended the Kenai Peninsula -Wide Conference where interest was stated to resurrect the Kenai Caucus as a lobbying group for municipalities, with some changes to the by-laws and dues structures. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch: • Reported on the well drilling at Second and Spruce. • Reported he would be attending a State Compensation hearing on Saturday and following that, recommendations would be made to the Legislature. • Reported he would be attending the AML winter meeting in Juneau, January 28 and 29. • Reported the limited commercial zone informational meeting was held on January 5 and the Planning & Zoning Commission would have the rezone on its meeting agenda. • Reported Library Director Joiner had been asked to participate on the Library Archives Board by the State Librarian. • Reported he would compose a letter about the different kitchen components desired at the Visitors Center and send it out during the week. K-2. Attorney -- Attorney Graves reported the resolution to approve the City's financial disclosure statement and the screening procedures for reviewing city attorney applications would be in the next packet. -119- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 14 K-8. City Clerk -- Clerk Freas gave a brief report related to the progress of adding a webcasting component for airing council meetings. ITEM L: L-1. Citizens (five minutes) Natasha Ala, Kenai Visitors & Convention Bureau -- Ala noted the following: • She would be meeting with Mayor Porter to discuss events planned for the area's statehood celebration and noted some of the planned exhibits and events. • She was looking forward to meeting with City Manager Koch related to the Visitors Center kitchen. L-2. Council Smalley -- Reported the Borough Clerk had given a presentation about e- packets and the cost savings to the borough while meeting all the code requirements. Moore -- Wished all a happy new year. Eldridge -- Requested the questions raised related to the limited commercial informational meeting be included in the next Planning & Zoning Commission packet. Johnson -- School was back in session after the holiday break. Ross -- No comments. Molloy -- Referred to his past concerns the city had sufficient firefighting/EMT, etc. service to cover the increased traffic and buildings. • In reference to the Clerk comments, noted an increase of bandwidth to allow audio on -demand or live links to the city webpage would be of benefit to the public and administration as it would double the city server download speed. Boyle -- Stated his support of increase of the bandwidth speed to allow audio on -demand or live links. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2847-2008 -- 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. -120- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 15 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 -Publication -Late Materials. (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are pending: The original Ordinance No. 2347-2008 was introduced at the September 3, 2008 meeting; a motion to move Substitute Ordinance No. 2347-2008 is on the table from the September 17, 2008 meeting; a motion to postpone (with no time certain) and schedule a work session on the ordinances followed and was passed; and, a work session was scheduled for October 15, 2008 in the council chambers.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential I (RR1) to Limited Commercial (LC). Resolution No. 2008-68 - Approving the Financial Disclosure Statement Form for City of Kenai Municipal Officers and Candidates Pursuant to KMC 1.85. (Clerk's Note: Resolution No. 2008-68 was postponed at the December 3, 2008 council meeting to allow for an ordinance to move forward, amending KMC 1.85.020 to change the threshold amount of income, business interests, loans, trusts and other financial transactions that must be reported on the city's financial disclosure form from $1,000 to $'5, 000 and incorporate those amounts into the Statement form.) -- None Scheduled ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:22 p.m. Minutes submitted by: Carol L. Freas, City Clerk The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be castprior to the of council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -121- PAYMENTS OVER $16,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JANUARY 21, 2009 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 61,762.13 i VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int e N N PURCHASE ORDERS OVER $16,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: JANUARY 21, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT 89293 — VIS CTR HEATING BLAZY CONSTRUC"VION VISITOR CTR HEATING UPGRADE SYSTEM CHANGE ORDER 1 20,188.82 482,739.82 Suggested by: Administration CITY OF KENAI tHc uLyof KEKAL ALASKA ORDINANCE NO. 2375-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.50.010(C) CHANGING THE RANGE THAT POLICE TRAINEES ARE PAID WHILE AT THE POLICE ACADEMY IN SITKA FROM A RANGE 2 TO A RANGE 2, STEP F. WHEREAS, prior to April 19, 2008, KMC 23.50.010(c) provided that Police Trainees were paid at a Range 2 while at the Public Safety Academy at Sitka and a Range 13 otherwise; and, WHEREAS, Ordinance No. 2286-2008 increased police pay, including raising the ordinary Police Trainee pay range from Range 13 to Range 16, but did not increase the pay of a Police Trainee while at the academy; and, WHEREAS, the pay range of a Police Trainee while at the academy should be increased to a Range 2, Step F to track the pay increase a Police Trainee received under Ordinance No. 2286-2008 while on duty outside of the academy; and, WHEREAS, the City of Kenai will have two trainees attending the Police Academy starting on February 22, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that KMC 23.50.010(c), Footnote 1 is amended as follows: 1 For work performed after February 21, 2009 (Wjwhile attending the Public Safety Academy in Sitka, a police trainee shall be paid at a Range 2. Step F. Because of a fluctuating ?n_d »npredietable training schedule, he or she shall be considered to work twelve (12) hours per day from Monday through Saturday and eleven (11) hours on Sunday, or the actual number of hours worked, whichever is greater. The normal work schedule at the academy shall be five (5) eight (8) hour shifts from Monday to Friday rather than four (4) ten (10) hour shifts as stated in KMC 23.50.050(b)(1). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of February, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: �L PAT PORTER, MAYOR Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: March 4, 2009 New Text Underlined; (DELETED TEXT BRACKETED) -124- I SwIN'Lk's Mecityuf // KENAv SKA To: Rick Koch, City Manager "V llage with a Past, C# with a Fatare" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 1 FAX: 907-283-3014 From: Terry Eubank, Finance Director Date: January 13, 2009 Re: Ordinance 2375-2009 Amending KMC 23.50.010(C) changing the range the police trainees are paid while at the police academy in Sitka from a range 2 to a range 2, step F. In March of 2008 the Council adopted Ordinance 2286-2008 to address recruitment difficulties of the Police Department. The ordinance amended KMC 23.50.010 by increasing the range for each of the Police Department's officer positions. The ordinance did not amend KMC 23.50.010(C) that addresses the pay for police trainees while attending the State's police academy in Sitka. Officer trainee's attending the police academy are required to work hundreds of hours of overtime while in attendance. Per the Fair Labor Standard Act these hours must be paid at a rate of 1'/z the normal hourly rate for the employee. KMC 23.50.010(C) was established to reduce the range of a police trainee during their attendance at the academy to a rate that would provide a comparable gross pay based upon a guaranteed minimum of 83 hours worked each week while in attendance. Upon graduation from the academy and return to normal work the trainee would be returned to their normal range. Ordinance 2375-2009 will amend ICMC 23.50,010(C) paying a police trainee at Range 2, Step F. Based upon the sections required pay of a minimum of 83 hours per week, Range 2 Step F will provide gross weekly earnings of $1,129.65 compared to $1,129.20 for a normal 40 hour week at Range 16, Step A. -125- i CITY OF KENAI Suggested by: Administration tka�nEynf KENASKA ORDINANCE NO. 2376-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,000 IN THE GENERAL FUND FIRE DEPARTMENT FOR A STATE GRANT. WHEREAS, the City of Kenai was awarded a $4,000 grant from the FEMA Department of Homeland Security through the State of Alaska Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management 2006 State Homeland Security Program to purchase mobile data terminal; and, WHEREAS, a mobile data terminal will allow the City's Fire Department to complete incident run reports immediately upon completion of each run increasing both efficiency and accuracy; and, WHEREAS, it is in the best interest of the City of Kenai to accept this grant for its intended purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant $4,000 Increase Appropriations: Fire - Small Tools $4,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of February, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: d` Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: February 4, 2009 New Text Underlined; [DELETED TEXT BRACKETED3 -126- . 0 i' KENAI FIRE DEPARTMENT Date: Januaryl3, 2009 To: Rick Koch From: Chief Tilly Subject: DHS Grant The purpose of this memo is to explain the rationale for requesting this DHS grant money and explain the proposed uses. With the current utilization of mobile data terminals becoming more standard within many aspects of emergency services for immediate on scene data retrieval, we feel that these terminals can and will be utilized for multiple applications within our community. The application of such technology will assist us in developing and maintaining instant access pre -fire plans that will include building description, photos, known area fire flows, known hazards such as on site hazardous materials, initial response plans, construction type and any alarm and suppression systems that are present that may affect tactics or strategies. strategies. Information will be accurate and will be able to be accessed V immediately upon arriving on scene. Being able to create, and expand on our current data base, structural information will be utilized to direct safe and efficient deployment of firefighting resources by utilizing instant access of accurate information. Instant access to GIS (Geographic Information Services) software that is shared by dispatch centers can be loaded and utilized for multi agency responses to incidents as well as mutual aid responses for directions, topographical information for wild land fires, search and rescue and ever water based locates. -127- r \ Ehe edy of Suggested by: Administration NO. 2377-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $200,500 IN THE AIRPORT SPECIAL REVENUE FUND AND THE COURTHOUSE PARKING CAPITAL PROJECT FUND FOR CONSTRUCTION. WHEREAS, the State of Alaska has requested the City of Kenai to construct a parking lot on City property adjacent to the Kenai Courthouse; and, WHEREAS, the City previously appropriated $25,000 for design and engineering for the project via Ordinance No. 2330-2008. WHEREAS, the State of Alaska intends to lease the parking lot from the City on a long term lease; and, WHEREAS, this lease would provide revenue to the Airport Fund; and, WHEREAS, it is in the best interest of the City of Kenai to construct the parking lot at this time; and, WHEREAS, funds are available in the fund balance of the Airport Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $200,500 Increase Appropriations: Transfer to Capital Project Fund $200,500 Courthouse Parking Capital Project Fund Increase Estimated Revenues: Transfer from Airport Special Revenue Fund $200,500 Increase Appropriations: Construction $200,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of February, 2009, New Text Underlined; (DELETED TEXT BRACKETED] a • Ordinance No. 2377-2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Approved by Finance: _ 1f( ✓ PAT PORTER, MAYOR Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: February 4, 2009 New Text Underlined; )DELETED TEXT BRACKETED) -129- CITY OF KENAI Suggested by: Administration the a�af KEIiAL ALASKA U ORDINANCE NO. 2378-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,417 IN THE GENERAL FUND FOR STATE TRAFFIC GRANT OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, AHSO traffic -related overtime funds require no local match and allow the department to show a strong traffic presence, as well as allowing a KPD officer to work overtime hours as a regional Law Enforcement Liaison (LEL) between AHSO and other law enforcement agencies; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols and law enforcement liaison duties totaled $5,417 from July 1 to December 31 of 2008, and, WHEREAS, reimbursement funds requested from AHSO are deposited into the General Fund instead of Police Overtime; and, WHEREAS, the Police Department is requesting the transfer of $5,417 from the General Fund to the Police Overtime account to cover the costs of traffic safety program participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant $5,417 Increase Appropriations: Police — Overtime $5,417 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of February, 2009. ATTEST: Carol L. Freas, City Cler Approved by Finance: PAT PORTER, MAYOR Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: February 4, 2009 -130- Suggested by: Administration alte 4ry Xx CITY OF KENAI ORDINANCE NO. 2379-2009 A ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $10,000 FROM THE GENERAL FUND PARKS TO THE GENERAL FUND NON -DEPARTMENTAL AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,000 IN THE DUNES REHABILITATION CAPITAL PROJECTS FUND FOR PROTECTIVE FENCING. WHEREAS, the City previously received federal fund for permanent protective fencing around the Kenai River Dunes; and, WHEREAS, $41,150 is available from previously appropriated federal grants for protective fencing and the project is now estimated to cost $51,150; and, WHEREAS, $10,000 in excess funds has been identified in the City's Parks Department that was previously budgeted for a Park Strip picnic shelter to provide supplemental funds to the project; and, WHEREAS, installation of permanent protective fencing around the Kenai River Dunes at the mouth of the Kenai River will provide long term protection for this environmentally sensitive area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made and that estimated revenues and appropriations be increased as follows: Budget Transfer - General Fund From: Par1ks - Improvements $10,000 To: Non -Departmental - Transfers $10,000 Appropriation - Dune Rehabilitation & Conservation Capital Project Fund Increase Estimated Revenues: Transfer From General Fund $10,000 Increase Appropriations: Construction $10,000 New Text Underlined; [DELETED TEXT BRACKETED] -131- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of February, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance:. PAT PORTER, MAYOR Introduced: Adopted: Effective: New Text Underlined; [DELETED TEXT BRACKETED] January 21, 2009 February 4,2009 February 4, 2009 MR7A ,'Kllaye wA a Past, C# wA a Fifture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 MEMORANDUM DUM To: Rick Koch, City Manager Through: Wayne Ogle, Public Works Manager From: Robert J. Frates, Parks & Recreation Direeto Date: January 14, 2009 RE. Dunes Rehabilitation Project After reviewing cost estimates for permanent protective fencing on the North Shore and comparing this to appropriated grant funds, I believe there is a need for an additional $10,000 in order to initiate the project. The total amount of Federal monies available from the grants, including both through US Fish & Wildlife Service and Natural Resources Conservation Services, is $41,150. Total estimated material cost for fencing (posts and chain) is $51,150. Installation is expected to be accomplished in-house. There is currently $28,000 available in the FY09 budget for a picnic shelter addition at the Park Strip. I would recommend backing out $10,000 for use on the beach rehabilitation project. T"nis would still allow enough funds in the shelter project to complete the necessary design & engineering work as well as the construction of a concrete slab. Additional funds would need to be included in the FYI budget for completion of the shelter project. Attached is an estimated budget for the Dunes Rehabilitation Project. Material cost is based on a quantity of500 posts (treated 6x6x10) and 10,000lineal feet of 3/8" galvanized chain. Attachment -133- PLATFORMS / FENCING USFWS Total MRCS Total MRCS ESTMATED MATERIAL COST (supplied by vendor) Posts Chain $25,000 $73,030 $25,000 ($3,000) Re -vegetation ($3,D00) Educational Signage $19,000 Sub -total Fencing $73,030 ($50,880) Elevated Walkways $22,150.00 Sub -total Fencing $41,150 $24,878 $26,272 $51,150 $41,150 ($51,150) ($10,000) -134- Suggested by: Administration CITY OF KENAI tAe r�yo f KENALALASKA ORDINANCE NO. 2380-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING $325,000 FROM AIRPORT FUNDS TO PURCHASE CERTAIN IMPROVEMENTS ON PROPERTY KNOWN AS TRACT A-1-A, BARON PARK SUBDIVISION, FIRE ADDITION FROM THE UNIVERSITY OF ALASKA. WHEREAS, on May 16, 1991 the University of Alaska (University) and the City of Kenai (Kenai) entered into a lease agreement for property known as Tract A-1-A, Baron Park Subdivision, Fire Addition; and, WHEREAS, the University constructed substantial improvements on the leased property; and, WHEREAS, the University and City have mutually agreed to terminate the lease agreement; and, WHEREAS, as part of the mutual termination of the lease agreement, the University has agreed to sell and the City has agreed to purchase the improvements to the property for $325,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that appropriations be increased as follows: Airport Fund Increase Appropriations Appropriations of Fund Balance $325,000 Increase Appropriations Buildings 95,000 Improvements other than buildings 136,338 Machinery and equipment 20,000 Misc. expenses 73,662 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of February, 2009, ATTEST: Carol L. Freas, City Cler Approved by Finance _ PAT PORTER, MAYOR Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: February 4, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -135- 210 FIDALGO AVE., KENAI, ALASKA 99611-7794 TELEPHONE: 907-283.7535 FAX: 907-283.3014 TO: Mayor Porter and the Kenai City Council FROM: Rick Koch, City Manager DATE: Jan. 15, 09 RE: Authorization of Rezoning Application Attached is a Rezoning Application, including attachments, to rezone certain properties along the Kenai Spur Highway corridor. Also included are informational material and comments regarding the proposal. Does Council authorize me to initiate the rezoning process and sign the Rezoning Application? -136- .meaiyof f KENAV SKA "Vi`llaye witk a past City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1492 REZONING APPLICATION PETITIONER Rick Koch, City Manager j ADDRESS City of Kenai, 210 Fidal o Avenue, Kenai, AK 99611 PHONE 907-283-8222 LEGAL DESCRIPTION See Attachments PRESENT ZONE Rural Residential 1/Conservation PROPOSED ZONE Limited Commercial. Intended Use and/or Reason for Rezoning: To rezone properties along the Kenai Spur Highway corridor consistentwiththe Comprehensive Plan goals and to provide development options for those properties. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONTS. 1. Amendments to the Kenai Zoning Code and Official Map may be inutiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. -137- tcczutulig r Ppmawuu .ur,..� 2. Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. 3. A Public Notification and Hearing is required before the issuance of this permit. A $100.00 (plus sales tax) non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 4. A proposed amendment to the zoning ordinance which is substantially the same as any oilier proposed amendment submitted within the previous nine (9) months acid which was not approved shall not be considered. Petitioner's Signature REZONING CHECIaIST: a. MAP b. SIGNATURES c. DEPOSIT(ADVERTISING FEE ($100 + sales tax) d. APPLICATION FORM OR LETTER e. AFFIDAVIT OF POSTING -138- .P O PROPOSED G O1,D REZONE Z U AUAK OR A MAGIC AVE w N OSt19a1 CBM U 450 7 4SMN 1A 459EQ)4 45C0005 ua. U Z asason � a Q J W cc) w w x z 0 z C 45P1039 Q PARCEL# ADDRESS _ ACRES LEGAL_ _ _ OWNER ADDRESS CITY STATE ZIP D_ _IMPROVEMENT ASSESSED TAXABLE OWNTYPE T 6N Ri5W SEC 33 SEWARD MERIDIAN KN' i 4501005 I(9744 ' KENAI SPUR HWY 1 5511I THAT PORTION OF THE W112 SW 114 SE114 LYING N OF KENAI SPUR ROAD _ ]TRUSTORI ALASKA MENTAL HEALTH 13745 IY (PARK COMMUNITY LOOP STE 200 ANCHORAGE, AK 995088 $32,gp0 $0 $32,9W $O STATE �T 6NRt1W SEC 33 SEWARD MERIDIAN KN 4501007 9616 KENAI SPUR HWY 1.37 PORTIONS OF THE W 112 SE114 BE114 & E112 SW114 BE LYING N OF KENAI SPUR HWY KENAI PENINSULA BOROUGH 144 N BINKLEY ST SOLDOTNA. AK 99669 1 $16,600 $0 $16.600 $O BOROUGH ___.._.. .__..._...-----'-- -- .----_--- T 6N R 11 W SEC 33 SEWARD MERIDIAN KN _. 4505011 305CINDERELLA ST 2.50 GOUT LOT 40 E Z MANAGEMENT LUC PO BOX 3293 —� (KENAI, AK 99611--- $33.000 $104,800 $137,800 $137,8W_ PRIVATE T 6N R 11 W SEC 33 SEWARD MERIDIAN KN 4506004 309 CASTLE ST 1.49 GOUT LOT 29 BISSET LOIS E 309 CASTLE Sl KENAL AK 99611 S26.6W $1]9,8W fi205,8W $185,800 PRIVATE T ON R 11W SEC 33 SEWARD MERIDIAN KN! 4506005 9392 KENAI SPUR HWY 1.32 �GOVT LOT 28 LYING NORTH OF KENAI SPUR HWY IT 6N R 11W SEC 33 SEWARD MERIDIAN KN GOVT LOT 27 LYING NORTH OF KENAI I BISSET MARC 309 CASTLE ST KENAL AK 99611 $24,300 1 $0 $24,300 I $24,3W PRIVATE 4506007 9328 KENAI SPUR HWY 0.93 SPUR HWY T 6N R 11W SEC 33 SEWARD MERIDIAN KN LASHOT BILLY JACK PO BOX 4T3 5088 BEA%.I.00P !KENAI, AK 99611 $20 100 _ _ $0 _$20.1001 520.100 PRIVATE 4506013 9464 KENAI SPUR HWY I808 0.50�0830096 ' I TREETOP ESTAI ES SUB LOT I T ON R II W SEC 33 SEWARD MERIDIAN KN GONZALEZ ROBERT M RD#2 KENAI, AK 99611 ANCHOR POINT, AK $146W $182,200 $196,800 $196800 PRIVATE 4506014 MAGIC AVE 040-1-0830096 TREETOP ESTATES SUB LOT 2 --- - (T DUSTIN DENNIS RO BOX 209 --.� _ 99556 - $13,700 $186,300 $200.000 $tBROW F-- PRIVATE 4506015 ! 810 MAGIC AVE 0.40 6N R i 1 W SEC 33 SEWARD MERIDIAN KN 0830096 TREETOP ESTATES SUB LOT 3 RICKMAN STEVEN A 49630 REXS RD SOLDOTNA, AK99669 $13,70DI $172.700 $186.400 $186,4W'PftiVATE 45060t6 9444 KENAI SPUR HWY U." T 6N R 11 W SEC 33 SEWARD MERIDIAN KN 083M% TREETOP ESTATES SUB LOT 4 T 6N R 11 W SEC 33 SEWARD MERIDIAN KIN ANDERSON SCOTT E PO BOX 302 1EOLDOTNA. AK 99669 ANAKT WUK PASS, $14,100 S184,900 $199.OW $199,000I PRIVATE 46OW19 804 MAGIC AVE 0.46097W23 PAPA JOE'S SUB LOT 3 T 6N R t 1 W SEC 33 SEWARD MERIDIAN KN GERKE ERICN FALKENBERG CECIL G & PO BOX 21077 AK 99721 $14,40() $12,4001 $26,8W $26.800 PRIVATE 4506024 399 MCCOLLUM DP. 1,1120OW57 REDFLO_SUB LOT 1 PATRICIA PO BOX 3293 KENAI, AK 99615 $21,900 $204,BW $225.900 $0 PRIVATE —�T 6N R 11W SEC 33 SEWARD MERIDIAN KN. 12002113 PAPA JOSS SUB CHUMI_EY 4506025 4501029! �9620 KENAI SPUR HWY, 2A7 231 REPLAT TRACT A Portion ar 4501029 WORTHAM FRANKLIN T CIiY OF KENAI PO BOX 12M 250 FIRALGO AVENUELKENAi, ,KENA,AK99611 �- AK 9965t $36,3W $0 $0 $0 $36,300 $0 $36,300 $01_MUNICIPAL PRIVATE Total Acreage 21.71 ___.. —_.__—_ i _— Total Assess¢d Valu¢: N,t93.300 W To: Planning & Zoning Commission Date: December 22, 2008 Applicant: Jeff Twain, Chairman Planning & Zoning Commission City of Kenai 283-7535 210 Fidalgo Avenue Kenai, AK 9961 1 Requested Action: Rezone Legal Description: See Attached Map & Spreadsheet Street Address: Multiple KP8 Parcel No.: See Attached Map & Spreadsheet Existing Zoning: Rural Residential 1 (RR1) & Conservation (C) Current Land Use: Residential & Vacant Land Use Plan: Neighborhood Residential & Conservation/Open Space ANAL YS/S General Information: This is an application to rezone several parcels north of the Kenai Spur Highway from McCollum Drive west to No -Name Creek. This includes 13 parcels and a portion of another parcel; approximately 21.71 acres. The majority of these properties are zoned Rural Residential 1. The portion of the City of Kenai's property, Kenai Peninsula Borough parcel number 04501029, is zoned Conservation. The City property will require a subdivision plat and is shown for the rezone application on the map and spreadsheet as an approximate area. The actual property will be identified when a plat is processed and this platting will insure that the area rezoned does not encroach on No -Name Creek. KMC 14.20.270 describes amendment procedures. Section 2 states, "Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights - of -way) unless the amendment enlarges an adjacent district boundary." The -142- PZ09-01 Comments Page 2 area of this rezone meets the requirements for an amendment to the Official Zoning Map. Background information: In September 2008, an application was submitted by Dr. Wortham to rezone his property, Kenai Peninsula Borough Parcel #04506025. The Planning and Zoning Commission held a public hearing on the application on September 24'h. The Commission postponed action and held a second hearing on November 12'". The Commission voted 2 to 4 against the rezone, That recommendation was forwarded to City Council City Council held a public hearing on December 3, 2008. Council tabled action on the ordinance and requested administration bring back a more comprehensive plan for rezoning the area. An excerpt of the minutes from the December V Council meeting is attached for review. At the direction of Council, administration reviewed the area and selected the parcels to be considered for rezone to the limited Commercial. zone. An application was prepared for the Planning and Zoning Commission Chairman's signature. On December 1 1'", a letter with information on the proposed rezone was sent to the owners of property included in the proposed rezone area. A copy of the information is attached. On December 12'h, the same information was forwarded to interested parties. This included property owners included in the public hearing radius and individuals who had signed a petition submitted to City Council. cvaw 'valuation Oi r+uunuau�i 1. During the creation of the 2003 Comprehensive Plan, development concerns along the Kenai Spur Highway corridor were discussed extensively. The Comprehensive Plan recognizes the issue of neighborhood concern relating to commercial development near residential areas as conditional uses or through rezones, particularly along the Kenai Spur Highway. However, the Plan provides guidelines to address these concerns (City of Kenai Comprehensive Plan, Page 37). The City of Kenai's Planning & Zoning Commission and City Council recognized the issue of development along the Kenai Spur Highway and created the Limited Commercial zone to provide a transition area between commercial and residential districts and allow a mix of low volume businesses as well as residential use. The Limited Commercial Zone meets the recommendations for Commercial Land Use Development Policies CM1, CM3, and CM4 (City of Kenai Comprehensive Plan, Page 37). sm PZ09-01 Comments Page 3 KMC 14.20.115 - Limited Commercial Zone (LC Zone) - "Intent; The LC Zone is established to provide transition areas between commercial and residential districts by allowing low to medium volume business, -mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts." The Limited Commercial Zone requires that developments meet the requirements in KMC 14.25, Landscaping/Site Plan Regulations. Included in those regulations is the requirement for a buffer separating commercial uses from adjacent residential properties (City of Kenai Comprehensive Plan, Commercial Land Use Development Policy CM4 - Page 37). There are 13 parcels zoned Rural Residential 1 and a portion of a parcel zoned Conservation included in this application. Six of these parcels are undeveloped. Four of the parcels located in the Rural Residential 1 zone are considered non- conforming. These are the Tree Top Estates Subdivision which house four- plexes. The non -conformity would continue under the proposed rezone to Limited Commercial. The remaining lots are in conformance for lot size and use and would continue as conforming under the proposed rezone to the Limited Commercial zone. In 2006, the City of Kenai initiated the first rezone of properties along the Kenai Spur Highway to the Limited Commercial zone. That rezone was the result of an appeal by a property owner who had applied to rezone a residential property to General Commercial zoning, On appeal, the Board of Adjustment remanded the case to the Planning and Zoning Commission and directed the Commission to review whether the area was more conducive to the Limited Commercial zone. In the decision the Board commented the increased traffic along the Kenai Spur Highway has limited residential development along the highway. "The Board is forced to recognize that restricting use of the property to solely residential purposes may simply result in vacant and run down homes along the highway." The Board commented, "The Limited Commercial Zone was specifically designed for this type of zoning problem, allowing limited commercial development while protecting adjoining residential neighborhoods." (In the Matter of the Appeal of the Denial of A Zoning Change for Jay T. Snow and William A. Snow - Case No. BA-05-3, October 7, 2005.) The rezone before the Commission is a similar situation and the issues identified in this appeal are consistent with development issues for these properties. Building Official: No building code issues. PZOMI Comments Page 4 The City of Kenai has identified the area along ,the Kenai Spur Highway as hindered from future development due to traffic along the highway and the residential zoning limitation. There is limited land currently zoned commercial along the highway and the current vacant residential land does not allow for commercial development. The Comprehensive Plan noted that uses should not be allowed through the conditional use process that has been used to allow some development along the highway and recommended zoning suitable for all land uses and to prepare criteria and standards under which compatible mixed uses are allowed to ensure that the uses are compatible with surrounding uses. When the Comprehensive Plan was written, the City did not have a mixed -use zone. Since then, the Limited Commercial zone has been developed to allow mixed uses of residential and commercial. The zone has strict development criteria that limit the size of structures as well as landscaping with separation between uses. The proposed rezone from Rural Residential 1 and Conservation to Limited Commercial will provide for development along the Kenai Spur Highway while not restricting residential use. Based on the application and review of Kenai Municipal Code and Comprehensive Plan, the requested rezone meets the criteria for an amendment to the zoning map. Recommend approval. ATTACHMENTS. 1. Resolution No. PZ09-01 2. Application 3. Drawings Im CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. P709-01 *.!<<" REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: 7eff Twait, Chairman, City of Kenai Planning and Zoning Commission ADDRESS: 210 Fidalgo Avenue LEGAL: See Attached Spreadsheet & Map PARCEL #: See Attached Spreadsheet & Map WHEREAS, the Commission finds the following: I. The subject property is currently zoned Rural Residential 1 & Conservation 2. The present land use plan designation is Neighborhood Residential & Conservation/Open 3. The proposed zoning district is Limited Commercial 4. An appropriate public hearing as required was conducted January 14.2009 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of PROPERTIES SHOWN ON THE ATTACHED MAP AND SPREADSHEET are hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JANUARY 14, 2009. CHAIRPERSON: ATTEST: SEA on 1 4 1 PZ09.01 PARCELM ADDRESS _ACRES LEGAL OW_N_ER ADDRESS_ CITY STATE ZIP LAND IMPROVEMENT ASSESSED TAXABLE OWNTYPE T 6N R 11 W SEC 33 SEWARD MERIDIAN KN THAT PORTION OF THE WIR SW114 SE1/4 ALASKA MENTAL HEALTH 3745 COMMUNITY ANCHORAGE, AK 4501005 97" KENAI SPUR HWY 5,51 LYING N OF KENAI SPUR ROAD TRUST AUTHORITY PARK LOOP STE 200 99508 $3ZWO $0 - $32,9W STATE T 6N R 11 W SEC 33 SEWARD MERIDIAN KN _$0 PORTIONS OF THE W V2 SPIN REIN & E 112 4501007 9616 KENAI SPUR HWY 1.37 W SWIM SE774 LYING N OF KENAI SPUR HWY KENAI PENINSULA BOROUGH 144 N BINKLEY ST S_OLOOTNA, AK 99669 $16,000 $16,600 $O BOROUGH_ T 6N R 11 W SEC 33 SEWARD MERIDIAN KN __$0 4505011 305CINDERELLAST Z50 GOVT LOT 40 EZMANAGEMENTLLC PO BOX 3293 KENAI, AK 99611 $33,000 - $104,800 $137,800 $137,800 PRIVATE T ON itW SEC 33 SEWARD MERIDIAN KN 450OW4 309 CASTLE ST 1.49 GOVT LOT 29 BISSET LOIS E 309 CASTLE ST KENAI, AK 99611 $26.000 $179,800 $205,800 . $185,E00 PRIVATE T 6N R 11 W SEC 33 SEWARD MERIDIAN KN GOVI LOT 28 LYING NORTH OF KENAI " 4506005 9392 KENAI SPUR HWY 1.32 SPUR HWY BISSET MARC 3M CASTLE ST KENAI, AK 99611 $24.300 $0 $24,300 $24.300 PRIVATE v T6N R 11W SEC33 SEWARD MERIDIAN KN _ GOVT LOT 27 LYING NORTH OF KENAI 4506007 9328 KENAI SPUR HWY 0,93 SPUR HWY LASHOT DILLY JACK PO BOX 473 KENAI, AK 40611 $20,100 $D $20,100 $20.100 PRIVATE T 6N R 17 W SEC 33 SEWARD MERIDIAN KN 50M BEAVER LOOP 4506013 9464 KENAI SPUR HWY 0.50 0830096 TREETOP ESTATES SUB LOT I GONZALEZ ROBERT M RD R 2 KENAI, AK 99611 $14,600 $182.200 $1961800 INN, 600 PRIVATE T 6N R I1W SEC 33 SEWARD MERIDIAN IN ANCHOR POINI, AN 45NO14 800 MAGIC AVE 0.40 D830096 TREETOP ESTATES SUB LOT 2 DUSTIN DENNIS PO BOX 209 09556 $13.700 $186,300 $200,000 $180,000 PRIVATE T 6N R i RN SEC 33 SEWARD MERIDIAN KN - 4505015 81OMAGICAVE 0.40 D83MO TREETOP ESTATES SUB LOT 3 RICKMAN STEVENA 4963D REXS RD SOLDOTNA, AK 99869 $13.700 $172,7W $/86,400- $186,400 PRIVATE T 6N R 11W SEC 33 SEWARDMERIDIANKN 4506016 9444 KENAI SPUR HWY_ 0.44 0830096 TREETOP ESTATES SUB LOT 4 ANDERSON SCOTT E PO BOX 302 SOLDOTNA. AK 99669 $14,100 $ffi4,900 $199,000 3190,000 PRIVATE _ T 6N R 11W SEC 33 SEWARD MERIDIAN KN ANAKTUVUK PASS, _ 4506019 $04 MAGIC AVE D-46 0970023 PAPA JOE'S SUB LOT 3 GERKE ERIC N PO SOX 21077 AK 99721 $14,40D $12400 $26.800 $26,800 PRIVATE T 66N R 11 W SEC 33 SEWARD MERIDIAN P:N FALKENBERG CECIL C & 4506M 399 MCCOLLUM DR ITT 200005T REDFLO SUB LOT I - PATRICIA PO BOX 3293 KENAI, AK 99511 $21.900 $204,OOD $225,900 $0 PRIVATE T 8N R 11 W SEC 33 SEWARD MERIDIAN KN 2002113 PAPA JOE'S SUB CHUMLEY 4506025 9520 KENAI SPUR HWY 2,97 REPEAT TRACT A WORTHAM FRANKLIN T PO BOX 1284 KENAI, AK 99641 $36.300 $0 S36,300 - $N$ PRIVATE _ 210 FIDALGO�- 4501029 2.31 Patron of 4501029 CITY OF KENAI AVENUE KENAI, AK D9611 $0 - $0 $0 $O MUNICIPAL —_ Total Acreage 21.71 —------ - Total Asaesaad Vatneo— — $t,193,300 e PZ09-01 PROPOSED REZONE a z v rIM OR - A MAGICAVE _ - � w .14 p � sao+ �+ asremr asmoz+ 45[8fg4 d5C8Q15 ��� P� s �� 5 w°' U Z 45MIl CC 0. p j4 MWr W m 0Ims z rc w y z g CR d50)039 C 'Village with a Fast, Gift' with a Future' 210 Foalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 19W REZONING APPLICATION Intended Use and/or Reason for Rezoning: To rezone properties alone the Kenai Spur Highway corridor consistent with the Comprehensive Plan goals and to provide development options for those properties Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. Amendments to the Kenai Zoning Code and Official Map may be initiated by: Kenai City Council; Kenai Planning and Zoning Commission; Submission of a petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. r Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. -149- Rezoning Application Page 2 1 N/A A Public Notification and Hearing is required before the issuance of this permit. A $106.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification costs. Depending on the rezone location, an Affidavit of Posting may also be required. 4. A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered, 4Pees Signature REZONING CHECI{.LIST: X a. MAP X b. SIGNATURES _N/A c. DEPOSIT/ADVERTISING FEE ($106) X d. APPLICATION FORM OR LETTER N/A e. AFFIDAVIT OF POSTING sm cn N i PROPOSED REZONE _ OR A I i t � i 1 7 � i MAGIC AVE �w y/ I Ca — I I cc x �. ;CITY ra IE Z!F ;LAND NIAPnl"PFtENT A SE SED TAXA@ O`NNTYPE e �T 6tiP 11 Ae 5£f „33MARD FIERIOIA1 raN ....... _ "_.. _.. _ I ( t874A , MAT PORTION OF THE W112 SW IM SE V4 IN ASKA MENTAL HEALTH 13745 COMIA.141TY iAN9aORACE. AY i 450t005 KENAI SPUR HWY t _._ _. 5 7LYINtUNOF KEhAI SPUR ROA7, ,— 'TRUST AUTHORITY — __.,_. .. __ _ !PAR?( LOOP STE 23C_..,9968 .__ -._ 1 a31300i gD $329Bp. $<JySIt.TE I , _ .. ". 1T FN R 11Y4 SLC 3J.SEAARO MERIDIAN I<N i 1 iPP,2'y(ONS OETiiE Wrii23E114 Sf-Bd AEii21 1 t 4FAt00T M16 KENN SPUR HWY I ._ 1 37 SWUl, SEI14 LYING N OF K NAi PUN HWY KPAM PGNNSUL.A BOROUGH _�. _. __,. ,�._._ 144 N BIUIU E ST IIIII _"...._ �5[k U07641, AK 93£F'+($ 9U4� - 16 $01 $ E 6@7 - A !7ROUvH 1 4509011 WS CIiNDERELLA ST ._ - t(NNR i1W EC 333E4YFRD I.I=RIUTA'�i Kh� Z501GOYT LOT 46 IF 2 MANAGEMENT, LLG r IFC BOX „853 1t I .4KENA4, k.K 436ti $34000 ---i M4 my' t ! gig7A D01 AA04PHlV a 3 ATE t IT 9NP 11Nt SEC 33SEsYARD MERIDIAN KN `R1S,., 1. ...� _ .. ._ � ------__. 1 4606004 3Ga CASTLE t .„; t d2 GDV(LOT 29 ..__ -___ PISSET lCi _....._ 309 CAaTLF ST _J._ -- 'KEnAi AK 99Gt 1 I $npw.: gtT5 AP3 g20. $Gd1, ` $ ES 6001PRIVATE IT 6Nft itW SEC t3 SEWARD W-RIOIAM KNi __._ -------- (.. - _ t "— 450600.5 -552 KENAI SPJRHOy I 1 `f,O JT LOT 2B LYING NORTH OF K._NAI 1321SPUR HWY _ B55 ENV C 309 CASTLE ST KENA AK 92011 $243Wi S01 g2d 3(Ni; $2a 3tx3-PPEi'AtE _- _ .J h-BNR t7SFC33SEWARDPEiRIDIAN KN ( 4506007 19326KENAISPURHWYA __.._ t OVT LOI 27 LYING NORTH OF KENIN 0gl.SRUR HWY LA3HO'T BILLY JACK _... (P06O%473 3K NAI PJf 49E11 g20 OOi _ $rj $201001 1 S2'71G0 PRIVATE__ 4�13 (SbEt KFS4AI SPJN HWY I --_ 1T 6NR11W SEC 3i SEWARD MERIDIAN KN um 0839098 TREETOP EST. GONZAL.Z ROBERT M WR SEAJER LOOP- }RD # 2 I AY SET! 1 �$146001 $182 Wal gt95 W0� $19flA0?RdATE - - 4i060t4 MAGIC AVEOAUM400% �T ftNRitW SEC 333EWARD MERI'JlAiv KN` TREC7 OP E^SAES SUB LOT 2 DUSTiN DENNIS ' 'ipa 'AN HCR POINT, AK 1 (808 __._. _._ _. .._ BJ%203 995SE St3 OC g188..00I 3261�00C $180000pRI:ATE 45060i5 �910 ME AVE 1 76NRt1 JSEC 33 SE UARD MERIDIAN KN 0 40I083C096 TREETOP ESTATES SUB LGTi �nt,.10.5AN5 EJENA 149630 REXS RD ! SOLOOTNA AK59663I 400?- 8169 d'ffiiPR4'hT'c a5060/6 Wd4 KENAt PJR HNI' _ IT 6N R i i W SE 33 SEY ARD MERIDIAN KN' 0g40h'i00'tP TREETOP ESTATES U9 LDT4 �ANDERSON SCOTTE PO BOX 302 - t - ISOLDOTNA AK996iJ $14100 g18d �h"fl $t990091 $1P900 iPRIVATE 1 __ --- -- -- T6NPi1W SEC. 33 SE1MAPOMERIDIAN KhII - IANAVTUVUKPASC _ 45M19 �&N h1AGiGAt 046 097Mr, PAPA JQ SUB LOT 3 IGERKE ERI N PD BOX 1077 iA_ K 9972t S14 A00- $12.460( S266001 52E SWiP_RIUATF i 4A6024 399 MCGOuUM DR t ,7ONYt R11W SE-33SEARU MERIDIAN KN FAIKENBERG CEGIL C& 111j2(KR'.05T RF9El43 SUB LUTi .PATRICIA 1P(1BOX N93 ;KEYn1 AK 99611 1 vim! S2p4,DWI _ $225.900I $ff PRI'VATE ( ITEM R t 1 V SEC 23 SEWARD MERIDIAN KNI ` 12002113 PAPA 'DE'S SUB CHUt&EI' � 450E925 i95T3 KENA1 .PUR NLYT t -- R97, REPLAT THAG A (YxORTHAM FRANKLIN T - lBo BOX 1r I iKEN I, rtR 9961i t c 63�J "..".. §(1i gsG.'+00i &39.3C"J1oRIVATE - 45p 1629+ j 2 HP'x;iWW4501029 CITY OF KENV .2SGFIOALGOAtE2iUE•KeNAt ABC 99E11 I t ._.. .Total Aueaan ..�-( _ ____ e >t nL.�..,_... - i i__ _ "t_ _ __ _.. S. KENAI CITY COUNCIL 11VIEETING DECEMBER 3, 2008 PAGE 5 P40TION TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED - "Student Repreacjjtatjvr jo?.mson: Yes MOTION TO AMEND PASSED UNANIMOUSLY, E-4. Ordinance go. 2362-2009 —Amending the Offical Kenai Zoning N4,ap by Rezoning Tract A, Papa Joe's Subdivision, Chiunley Replat Frorn Rural Residential to Lo-rutec Coroxnercial (LC), MOTION: Council Member Ross MOVED for adopdon of Ordinance No, 2362-2006 and Council �,,ltmber Eldridge SECONDED LLe metioa, kebschull reviewed Administration's supporti've infor- ti n included in the packet, noting; • The application met the req-uircments of the code During development of Lhe 2003 Comprehensive Plan, development concerns along the keriai Spur Highway corridor were discussed and criteria =cud standards for a Limit-, Commercial zone, to be, used as a mi%ed use zone. were prepared and su bsequentLy approved by tki.e city council. Landscape requirements, rements, were updated for use. in relation to a Limited. Commercial zone. 9 The proposed rezone would COMPILmerlt 'the area arid would be what the Limited Commercial zone teas pro\rided to do.' a Currently, up to s'-1 trilp lexcs could be Planed on the property vml-j nc, sr apirig requLrements, 0 A conditional use permit would restrict expansion of the use of the property or future sale of the property. If trite rezone was referred back to t.1-je picLunine Fr, Zonin mmIss g Co i0n to survey property owners along the corridor with regard to rezoning additional property -LL the Process would take to Limited Commercic approximate I)VOXiMaLC13? th-,ee MorjthS. The floor was opened, for public hearing, Mayor Porter noted, tlirec minutes per speaker would be allowed. Clerk Fleas read the follaw4rga correspondence into the record, which. had been added ro the packet at the beginxung of the rneeting: 12," '08 F. Braun lotCrecrucsting retraction of his I /2,5,0S letter; -25- -154- KENAI CITY CCOUTINCIL MEETING DEC EMBER ,1, 2008 PAG7, 6 1 /30108 D. WI-ight eaxail opposing the rezoning of the property; « 1,2,/1/081. Carson, letter srspporti.*ngthe rezone; e 12/2/08 S. Palkenherg email requesting postponement of action; and, o l2/3/ 06 J. Twiaat letter supporting the rezane. Janine Espy, 403 McCollum. Drive, Kenai -- Spolre in opposi6ori to tixe rezatn.e, requested no d.ecision'oe made at the meeting to allow additional time to co7dect information; and. stated the ist;ue wOukd move into litigation if the re7nne eras approved. Espy distributed a document entitled, Response Pecgarrding Application Rezone Ordinance , o. 2362-2008 frpposing the rezoryej and began reading it into tine record. The following people continued reading tixe Raspc>nse document opposing tl:e rezfajze_ Roy Espy, 403 McCollum Drive, Renal Becky Espy, 903 Magic Avenue, Kenai F ristie Lawson, 36705 Chinulna Drive, Kenai Brittany Kiser, 39140 Sandlin Street, Sterling Madison Cheesenan, 503 Cinderella Street, Kenai Clifford Smith, 319 Rogers Road, Kenai -- Spoke; in support: of the rezilae noting, residences wouid not be a good tit end felt a dental nf'fice or profession.sl bu.lding would br a good &t for the _property. Zanyce Berg, 412 hailer Street, Kenai ..._ Stated her mother ivies in the area of the rezone anal, spoke in support of the, rezone. Karen Koester, 845 Set Net Drive, Kenai -- ,"',ated she x,a: , r. ... ..S ' .`"iili i ut �itr, P anrtin Fw Zan sxg Co azrx saran and read, into tile, rec;nrd her letter of support o t};.e rezone. The follovring continued reading the Response opposi, elze rezone, fini;r, tile record Walt Ward, 708 Magic Avenue, Kenai Debbie Sonberg, 410 Cinderella Street, Kenai Mark Schrag, 312 Princess Lane, Kenai Kelly Kelso, 117 marker Lane, Kenai ,also, requested the decision be postponed) Robin Wright, 604 McCollum Drive, Kenai Ben Matson; 43575 Eagle Lake Drive, Kenai Ramon C. Roger, 808 Ahak, Kenai -- Stated his OnppOsition le the rezoning and rioted litigation would follow if the rezones was appro�ied. The following contirru.ed reading the RespOnSe opposing the rezone, into tlae record: Patricia Palkenberg, 399 McCollum Drive, Kenai (also subt.nitted "Pt inon to Stop a Zoning Change to Our Comm,,u-ii:T"; -155- KENAJ CI-1 Y COUNCIL MEETING DECEX43ER 3, 2008 PAGE 7 Karen Rogers, 806 Aliak, Kenai Russell Sonberg, 410 Cinderella Drive, Kenai Kristen Lawrence, 1670 Indian wells, Kenai Thomas Hammeiman, 4570 lienaitze Court, Kenai Colleen Ward, 708 Magic Avenue, Kenai Todd Wortham, 475566 Grant Avenue, Kenai -- (Applicant) Spoke in support of t_he rezone and voted.: ! The planned facility would be a home for his clinic and he believed it would be a good fit.. 0 After discussing the inclusionof a. playground with his attorney, et.c., decided it. would not be a good idea. ® He had lots of open discussion with the ad}ainiug property owners. ® He did not believe dh.-re would be a lot of t.rsSfic caused by the situating of the facility at that property. o Asked if the e>ould wait three months until dhe, Cozxznnission re c sited the issue and collected additional information, WOrtlism answered yes, there beialg no one else from the public wishing to he heard, the public hearing urns closed. Council cormneznts :rteluded: a Referring to the 2006 ordinance submitted as sildition-L, information, believed it u>as a precedent of how, to vote., disagreed with admirnistration, and, bel'-Veld would be farbitrsjry zoning. s Agreed with the earlier suggestion the issue be referred back to the Commission far additional process; did not think the lot should be destined for --esid.ences; and, the area was already a mixed use. e Relief the Wortham plan would be a buffer for the residential area; does not like sprit zoning, suggested a conditional use permit could be developed to be favorable o both groups; and. would be in favor of tabling the issue for further process. k Stated supportof the rezoneas a realistic way for developing property along the highway; there were no new homes built in the area for many years; belief the. process should include informing the neighborhood. ,.bout the Limited Commercial Zone and collecting input from 011her property owners along the highway; arid, table the ordinance and within three months, faring back a substitute to tie in other interested properties, e Stated su'Pport of the rezone; the uropertti would be better, used zoned Limited Commercial: and, suppo u d tabling of the ordinance for further processing, 8 Stated support; of tabling the ordinance for furtlier ;process. ® Stated, support of the rezone and felt it would be unfair to draw Dr, i>; onl-iarn into Itugadon; would support directing administration to gather additional -27- SM02 DECEMS EER 3, 2008 RkGE 8 information: and, would like the issue taken back to the. Commission by Jarnuary 9, 2709. MOTION TO TABLE: Council Member Me)ore MOVED to table Ordnance No. 2362-2O08 and direct ,-tninistration to bring back a more co;nprehen.sit e pl,ruj for rezoning of the area in. accordance v zth t1he C om,precsensiva Plan by Januwyr 9, Council Member Eldraidge. SECONDED the motion - 'Student Representa,t;ve Jornjson; Yes MOTION TO TABLE PASSED, BREAK TAKEN: 10:29 P.M. SACK TO ORDER: 10.37 P.M. E-5. Resolution No. 2008-68 - Approving th; Financial Disci.c7sure Stateme.ni Form for City of Kenai ,Municipal Officers and Candidates Pursuarxt to !{MC 1.85, MOTION: Council Member Smalley MOVED for adoption of Resolution Nc, 2008-68 and Council. lvlembcr Eldridge SECONDED the motion,. The tlOor was opened to public hearing. Debbie Souberg, 410 Cinderella Lane, Kenai -- Stated her support of the resolution There beitM no one else wishing to be heard, the public hearing w,as closed. Council Member SmaBey stated his desire to change the lejei Of reporting fr<-n $1,C4U0 to $18,000. M -157- January 5, 2009 Planning and Zoning Commission 210 Fidalgo Ave., Kenai, Alaska 99511 Dear Commissioners: I am responding to your request for public comments on the proposed rezone of highway frontage across the street from the Kenai High School. Please read this letter and enter my comments into the public record for the meeting, which is to be held January 14, 2009, This property, in its current classification, is inoorreotly zoned Rural Residential 1. The intent of Rural Residential 1 is to provide for residential development in outlying and rural areas in a form that creates a stable and attractive residential environment Property that is on a busy highway, across the street from a High School, and one block from a Wal-Mart, Lowe's, and Home Depot, does not sound like it is outlying or rural property; nor does it sound attractive. Imagine this ad if you will: Located on a busy highway, across the street from Kenai HS and just one block from a 24 hr. Wal-Mart Super Center, this convenient location is ideal for the HS student or shopper who doasn't need to sleep. For more information call (907) RED -BULL Please rezone this property to something that is more appropriate, such as Limited Commercial, Sincerely JQ¢//{ jnel+, Clifford Smith -158- Marilyn Kebschull From: steve mapes [akgofast@gmail.comJ Sent: Sunday, January 04, 2009 2:48 PM To: Marilyn Kebschull Subject: rezoning Good day, I will not be able to make it to the meeting that you are having on the rezoning plan so I will give my thoughts on this too you through e-mail. I would think that it would bring huge changes to the neighborhood that would not be beneficial to any people except the developers. The folks that have lived there for decades would lose the .privacy and security that comes with living in a quiet place. l:f the city needs more money (and who doesn't'?) it should look elsewhere for .in. creased revenue. Leave that .neighborhood a nice place to raise kids and have families. Just my opinion. Steven Mapes property owner on tinker box 3461 kenai -159- Marilyn Kebschull From: Jack La Shot gacklashot@yahoo.comj Sent: Wednesday, January 07, 2009 8:40 PM To: Marilyn Kebschull Subject: Kenai Spur Hwy rezone-RR1 to LC Hi Marilyn, I own property within the proposed rezone area. I would like to offer my support to the proposed rezone and would encourage a review of the LC zone allowed uses as currently written. I attended the informational meeting January 5, 2009. Some of the concerns of residents in the area might be alleviated with appropriate changes in the current code. Being a recently added zoning designation, some refinement may be in order. Since purchasing my property, I've wrestled with what to do with it. The highway frontage isn't the most desirable to construct a nice single family home. Multi -family seems to be the best residential use under the current zoning. Personally, I don't think this is the best development for a quality neighborhood. The LC zone allows many more development options that can benefit from the highway exposure with minimal adverse affects to the adjacent residential area. Since the residential uses are still available within the LC zone, a home based office, personal services type small business would work well. Larger parcels could accommodate responsibly done professional offices, clinics etc. I'm not sure a high activity restaurant or laundry fits into the zone well, even with the footprint limitation. The conditional use process is available for business development, however, it is difficult to invest in a use that is not guaranteed by appropriate zoning. The landscape/site plan review and building permit application process currently used by the city for new development within commercial zones is affective in guiding responsible use. I appreciate the opportunity for comment. If you have questions, let me know. Jack La Shot Y KENAI PENINSULA BOROUGH S Planning Department o Land Management Division 144 North Binkiey Street ® Soidotna, Alaska 99669-7520 PHONE: (907) 714-2200 e FAX (907) 714-2378 Toll -free within the Borough: 1-800-478-4441, Ext. 2200 www.borough, kenai.ak us 0-OW-1 MR9 January 7, 2009 City of Kenai 210 Fidalgo Ave Kenai, AK 99611 RE: PZ09-01: Proposed Limited Commercial Zone; Educational Use Parcel 045-010-07 To Ms. Kebschuli: The Kenai Peninsula Borough has received notice of a proposed rezoning of certain property north of the Kenai Spur Highway from McCollum Drive west to the Wal-Mart Property, including a parcel of land owned by the Kenai Peninsula Borough, Assessors Parcel No. 045-010-07. The Borough -owned parcel 045-010-07 is school property restricted by deed to "public education site purposes". Copies of Quitclaim Deed Bk 559 Pg 808 and U.S. Patent Serial# 1231816, instituting such land use restriction, are attached. The Kenai Peninsula Borough has no objection to the proposed rezone at this time provided that the educational and school use of the property continues to be allowed. Thank you for the opportunity to supply this information and provide comment on the proposed action. Sincerely, Marcus A. Mueller Land Management Officer r`�°t OF/. IAU 8 2001,; -161- mmw Carp mo� Ceram r ico ar®a a.�a®ansarr, awuww wrovteoenx QUTTCL.ATM DEED The t= OF KEN'AI (hereinaker GRANTOR), a homarulc charter municipal wtpoo6on organized under the Laws of the State of Alaska whose address is 210 Pidalgo Avenue, Suite 200, Kraal, Alaska 99611.7794, for and in eonsidetation of the sum of ONE DOLLAR (Si.00) and other valuable comideratioa does hereby convey and quitclaim m the KENAI PENINSULA BOROUGH (hertinafler GRANTEE), when addts is 148 N. Binkley Street, Soldoma, AK 99669, all of its right, title, ami interest in the following real pmpety situated in the Kenai Rwadng District, Third TudicdaT Diaaic. State of Alaska. to-wtC That ocroun land desxibed as that portion of the West '/r Southeast ''/, Southeast'/. and the East ''A Southwest '/., Southeasl V., Section 33, Towsship 6 North, Rangc II West. Seward Moridiaa, Alaska. SUBJECT TO any intaats, ercundnanrxs, reeervadiotm and mtlusinns rclers acrl in that Patent No. 12318I6 dared May 7, 1963 and reocrdcd in Book 24 of Deals Page 261 in the Keaai ➢==frog District, Third Tudicial➢istrict, Renal, Alaska FURTHER SUMECT TO my taxes and aaarsancas, =gedons,resurvations. rrsidc+dons, condiilrom covenants, easemmm rights -of -way, and enemaclusuarm either of motd araxertainabk by pdgacal inspeecon G Psaa ! et2 1 J FURrHM SUBJECT TO a restneuvc zm,anmd neuricting the land M pubrlic oducamm site pwyom DATED this _11!�y of May 1999. CITY OF KENAI A Ridiad A. Ross Oty Manage? STATE OF ALASKA sa THIS IS TO CERTIFY that on the -jedly of May 1999, RICHARD A. ROSS, City ManWw of We City ofX=L Alaska, being personally )mown w me. appeared haffirt me and atknowladved the voltumay and automed cxmufiw of the foregoing tnsaumem on behalf of saidcity. 91kk) NOTAPNPUBLIC for State of Afa:*a MyCon yd5goos%pirac DOWD 4-4 M-f RiOT REOUESTED By as's - �-M Page 2 Om I —j Anchorage 054893 10at There is, also reserved to the United States, all mineral deposits in the land, above described, together with the right to mine and remove the sane, under applicable lava and regulations to be established by the Secretary of the Interior. There is also reserved to the United States a right-of-way for the construction Of railroads, telegraph and telephone lines, in accordance with Section I of the Act of March 12, 1914 (38 $tat. 305, 48 U.S.C. Sac. 305)• If the patentee or its successor in interest does not comply with the provisions of the approved plan of development on file with the Bureau of Land Management and designated as "Proposed Central High School", as shown on drawing dated June 3, 1962, or by any revision thereof approved by the Secretary of the Interior or him delegate, said Secretary or his delegate, after due notice and an opportunity for a hearing, may declare the terms of this grant terminated in whole or in part. Such declaration, without more, shall at the option of the Secretary or his delegate, revest in the United States full title to the lands involved in the declaration. The Secretary or his delegate may, in lieu of said forfeiture of title, require the patentee or its successor in interest to pay the United States an amount equal to the difference between the price paid for the land by the patentee prior to the issuance of this patent and 50 percent of the fair market value of the patented lands to be determined by the Secretary or his delegate as of the date of issuance of this patent, plus compound interest computed at 4 percent beginning on the date this patent is issued. Provided, that, if the patentee or its successor attempts to transfer title to or control over the lands to another or the lands are devoted to a use other than that for which the lands were conveyed, without the consent of the Secretary of the Interior or his delegate, or prohibits or restricts, directly or indirectly, or permits its agenta, employees, contractors, or subcontractors (including without limitation, lessees, sub- lessees and permittees), to prohibit or restrict, directly or indirectly, the use of any part of the patented lands or any of the facilities thereon by any person because of such person's race, creed, color, or national origin, title shall revert to the United States. IN TESTIMONY wNEFEOF, the undersigned oficer tithe Bureau of Land Management, in accordance with section I of the act of lure IT, I948 (62 Stab, 476, 43 U.S. C. sec. 16), has, in the name of the United States, caused these letters to be made Patent, and the Seal of the Bureau to he hereunto aill GIVEN under my hand, in the District of Columbia, the (SEAL) SEVENTH day of MAY in the year of our turd one inbound nine hundred and SIXTY—THREE and of the Independence of the United States the eme hundred and EIGHTY-SEVENTH. For the DIJJector, Bureau of Lana Management. . - .-.. By ChieS, Patenn .Sendetiom WORD OF PATENTS: Patent Number _... �..h�a. _:`.2.: (+ a s fje Bubb tte-9 of 01merka, Ma ail to tubom these ptesents #ball tome, eterting: WHEREAS, a Certificate of the Land Office at Anchorage, Alaska, to now deposited in the Bureau of Land Management, whereby It appears that full payment has been made by the City of Kenai, Alaska, according to the provisions of the Act of Congress of June 14, 1526 (44 Stat. 741; 43 U. S. C. 869), as amended by the Acts of June 4, I954 (68 Stat. 173) and Saptember 21, 1959 (73 Stat. 571). for the following described land: Seward Meridian, Alaska. T. 6 N., R. 11 W., Sec. 33, V1SE}SE}, E§SWktt Ek, The area described contains 40,00 acres, according to the Official Plat of the Survey of the said Land, on file in the Bureau of Land Management; NOW KNOW YE, That the UNITED STATES OF AMERICA, in considers. Lion of the promises, and in conformity with the said Acts of Congress, HAS GIVEN AND GRANTED and by these presents DOES. GIVE AND GRANT unto the $aid City of Kenai, Alaska the Tract of Land above described, for public educational site purposes only; TO HAVE AND TO HOLD the same, together with all the rights. privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the said City of Kenai, Alaska and to its successor$ forever, subject, however, to the following reservations, conditions, and Limitationmt Subject to any vested and accrued water rights for mining, agriculturali manufacturing, or other purposes, and rights to ditcbea and reservoirs used in connaotion with such water rights, as may be recognized and acknowledged by the local customs, lave, sad decisions of courts, There is reserved from Cho land hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States. Citizen Report of City of Kenai LC Informational Meeting January B, 2009 —Janine Espy Limited Commercial Unanswered Questions Q: If the intent of the LC zone is to "provide transition areas between commercial and residential districts", then how is it applicable to change RR1 in order to bring in a LC zone? Q: If a RRI lot with a currently occupied home on it is rezoned to LC, and is not then required to follow the LC landscaping rules and paving requirements, when does it become LC? If the home owner does not have to follow the requirements and rules, and the owner of the home does not desire or intend to sell and or turn the home into a business, why rezone the property? Q: Does property that is currently zoned RRI that is rezoned to LC get assessed for tax purposes at a higher rate because it is now higher in value? (Question asked 3 times by 3 different individuals) Is it fair that a home owner who does not want to sell their home or go commercial now has to pay a higher tax on their home because it is no longer zoned residential? Q: Did the City contact property owners in this corridor and ask them if they would be interested in the rezone before establishing which properties to rezone as directed by Councilman Ross on December 3? Limited Commercial Questions Answered but Alarming Q. is this meeting being recorded? A: No Q: The LC zone is characterized as beneficial because there are landscaping rules that are required before permitted. Are there regulations for continued compliance, for instance if all landscaping is live, and dies, would the commercial entity be required to replant or keep up the appearance for the continuation of the buffer? A: No Q: What kind of landscaping would you approve of that would be a lasting buffer? A: Fencing Q: If LC zoning has more in protection for residences than RRI, could RR1 zoning simply be changed to add those extra measures? A: Yes, you can write anything in to zoning restrictions Q: Does LC zoning have restrictions for commercial signs in regard to flashing lights or neon lights? A: No Q: Would rezoning 13 lots to LC in a RRI area with the potential of 18 businesses increase traffic creating hazardous conditions for residences in the vicinity? A: Yes Q: Does Administration take into consideration the financial impact a rezone from RRI to LC has on property owners within the district? A: No, that is not defined as part of the criteria to base the recommendation Q: Would rezoning RRI to LC allow for businesses such as "Kinko's", Massage Parlors, Tattoo and piercing establishments, "Wendy's" restaurants? A: Yes, if those restaurants and entities could be established in the 3000 square foot limit, Q: Did you not recommend allowing a variance for a dentist office to 5000 square feet? A: ? (reporter does not know the answer given as there were several people talking at once) m "Village t-vA a Past C# wdh a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-75351 FAX: 907-283-3014 i997 \\ eke ca�laf �/ KENAIvAAL SKA TO: Planning & Zoning Commission FROM: Rick Koch DATE: January 8, 2009 SUBJECT: Janine Espy Citizen Report from January 5, 2009 Meeting The purpose of this correspondence is to provide as an informational item my comments regarding Ms. Espy's above referenced document. I may be traveling to Fairbanks during your Planning & Zoning meeting so I am providing this written communication. Marilyn Kebschull has provided a response to the technical questions and matters raised in Ms. Espy's letter, so I do not feel it is necessary to restate the administration's responses. What I do want to address is the overall tone and accuracy of the document submitted to you by Ms. Espy. As to unanswered questions, all of the questions asked were answered. In fact some of the questions were asked and answered several times but the administrations answers were clearly deemed unacceptable by the questioner. Additionally, the administration was unable to answer questions relating to specifics of the Kenai Peninsula Borough's property assessment methodologies, other than in a general sense, as the City is not participatory in the KPB property assessment process. Ms. Espy identifies eight questions that were answered but alarming. In her document her questions have been re -phrased and in some instances do not accurately communicate the question that was asked. While in most instances the administration's responses were comprehensive Ms. Espy's document truncates the administrations response to a single word, again not communicating the administration's response to a question in a fair and accurate manner. I understand and appreciate the discussion of the proposed re -zone is an emotional issue for Ms. Espy and others, but her report is a biased and inaccurate representation of the public meeting held on January 5, 2009. I have spoken with a number of the property owners within the proposed re -zone, and have attached a record of the position of those fourteen property owners. Thank you for your attention in this matter. attachment Sm 1/9/2009 Property Owner(s) Name Property Address. Phone Phone# Notes/Comments Support Oppose Neutral No Contact Left Message 1/6/09, 1:15PM, Previous Conversation 12 State of Alaska, Mental Health Trust, months ago favored commercial 1 Marci Menafee 9744 Kenai Spur Hwy 269-8658 development X 2 Kenai Peninsula Borough, Max Best 9616 Kenai Spur Hwy 714-2201 Left Message 1/6/09, 1:20PM X Left Message 1/6/09, 1t25PM, EZ Management, LLC, Patricia has expressed opposition in the 3 Paikenberg 305 Cinderella St. 283-7858 past X 4 Franklin T. Wortbam 9520 Kenai Spur Hwy 335-0363 Contact 1/7/09 X 5 Eric Gerke 804 Magic Ave. 661-7629 776-7075 Left Message 1/6/09, 1:15 PM X 6 Dustin Dennis 808 Magic Ave. No Listed Phone Number X 7 Steven Rickman 810 Magic Ave. 262-1601 Contact 1/6/09 X 8 Robert M. Gonzalez _ 9464 Kenai Spur Hwy No Listed Phone Number X 9 Scott E. Anderson 9444 Kenai Spur Hwy No Listed Phone Number X Contact 1/9/09, Mr. Bisset opposed any increased development that would 10 Lois E. Bisset 309 Castle St. 283-0987 increase traffic. I X Contact 1/9/09, Mc Bisset opposed any increased development that would 11 Marc Bisset 9392 Kenai Spur Hwy 283-0987 increase traffic. X 12 Billy Jack LaShot 9328 Kenai Spur Hwy 283-7866 Contact 1/6109 X _ Left Message 1/6/09, 125PM, has expressed opposition in the 13 Cecil & Patricia Falkenberg 399 McCollum Dr. 283-7858 past X 14 City of Kenai (Administration) 210 Fidalgo Ave. 283-7535 X fir/ / -• �1C Ct KENALALASKIR `lVillage with a Pas% C# with a Future °` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 elC��r 1992 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: January 8, 2009 SUBJECT: Janine Espy —Comments 1/5109 Meeting Because I will not be at the Planning Commission meeting on January 14t', I am providing a written response to the questions submitted by Ms. Espy. Ms. Espy's questions are separated into two sections; Limited Commercial Unanswered Questions and Limited Commercial Questions Answered but Alarming. Limited Commercial Unanswered Questions: 1. If the intent of the LC zone is to "provide transition areas between commercial and residential districts," then how is it applicable to change RR1 in order to bring in a LC zone? Administration's Response: Zoning and property needs change as a community develops. This is recognized by communities and amendments (rezones) are provided for in the zoning ordinance. Comprehensive Plans are also dynamic documents and as a community grows, they must be amended to provide for change. The City of Kenai adopted the most recent Comprehensive Plan in 2003. That plan specifically identified the need to address the use of conditional use permits and rezones for commercial development for properties along the Kenai Spur Highway. The plan recommended developing criteria and standards under which compatible mixed uses are allowed. The Limited Commercial and Central Mixed Use zones were created to provide for mixed uses. The City is now at the next step in the process — determining areas for possible rezoning. 2. If a RR1 lot with a currently occupied home on it is rezoned to LC, and is not then required to follow the LC landscaping rules and paving requirements, when does it become LC? Administration's Response: Residential use is permitted in the LC zone. An existing residence would continue as is with no additional requirements. Any change of use to a commercial use may require meeting the landscape/site plan regulations. KMC 14.25 specifies when a landscape/site plan is required and that is any improvements $20,000 or more that add square footage require a landscape/site plan and the plan must be approved prior to the building permit being issued. A change of use that did not meet the above requirements would be reviewed to insure that on -site parking regulations were met as required in KMC 14.20. 250(a). 2. If the homeowner does not have to follow the requirements and rules, and the owner of the home does not desire to intend to sell and or turn the home into a business, why rezone the property? Administration's Response: The rezone is being considered to provide for development options along the Kenai Spur Highway corridor. The property described may not be affected by the rezone under the conditions described; however, the rezone will provide for additional development options. 3. Does property that is currently zoned RR1 that is rezoned to LC get assessed for tax purposes at a higher rate because it is now higher in value? Administration's Response: There is no difference in the mill rate for commercial versus residential properties. If the question relates to assessments, the Kenai Peninsula Borough assesses property within the City of Kenai. The rezoning doesn't automatically increase property values. The Borough is required by State statute to assess properties at market value so the value of the property would depend on development and property sales in the area. 3. is It fair that a home owner who does not want to sell their home or go commercial now has to pay a higher tax on their home because it is no longer zoned residential? Administration's Response; The change in zoning by itself does not increase the value of the property. (See above.) 4. Did the City contact property owners in this corridor and ask them if they would be interested in the rezone before establishing which properties to rezone as directed by Councilman Ross on December 3? Administration's Response: A letter was sent to the properties included in the rezone on December 11" advising them that the City is in the process of considering a rezone and that a public hearing would be held on January 14". Property owners were encouraged to submit comments regarding the proposed rezone. The City Manager has contacted property owners who we were able to obtain phone numbers for and either spoke to them or left messages for them. Janine Espy —Comments 1/5/09 Meeting Page 2 -171- Limited Commercial Questions Answered by Alarming: The following questions appear to have been taken out of context. Administration's response is underlined. 1. Is this meeting being recorded? A: No Work sessions or public information meetings held by administration are not required to be recorded and are not recorded Ms Espy did ask if she could record the meeting and did record the meeting 2. The LC zone is characterized as beneficial because there are landscaping rules that are required before permitted, Are there regulations for continued compliance, for instance if all landscaping is live, and dies, would the commercial entity be required to replant or keep up the appearance for the continuation of the buffer? A: No Landscaping was discussed extensively. KMC 14.25 does require compliance and sets up timelines for certain aspects of completing the requirement Administration maintains a tickler file and verifies that approved landscaping is in place An approved landscape/site plan is a contract and if a site was allowed to decay the City could follow-up on the non-compliance with enforcement action as is provided for in KMC 14.20.260. What kind of landscaping would you approve of that would be a lasting buffer? A: Fencing There was discussion as to what type of landscaping could provide for separation between residential and commercial uses. It was noted that fencing is allowed as an alternative to the 10 foot landscaping buffer, My opinion was that fencing with trees would provide for the bast buffer however plans are reviewed based on the development and whether or not that would be required would be determined when a plan is reviewed. 4. If LC zoning has more in protection for residences than RR1, could RRl zoning simply be changed to add those extra measures? A: Yes, you can write anything in to zoning restrictions. The code provides for amendments and an amendment can be processed However, whether or not "anything" could be written in zoning restrictions is questionable S. Does LC zoning have restrictions for commercial signs in regard to flashing lights or neon lights? A: No There were two ouestions asked —nnP rplatPrl to d; ­ otl..,.,.,,11-."^ i r .,.__ 1� a question about flashing lights or neon lights. The sign code KMC 14 20 220 prohibits them The second question was about parking lot lights. It was stated there is no ordinance in the City that regulates parking lot lights; however, the LC zone has a height restriction of 35 feet 6. Would rezoning 13 lots to LC in a RRi area with the potential of 18 businesses increase traffic creating hazardous conditions for residences in the vicinity? A: Yes I don't believe administration stated there would be an increase in traffic. I'm not sure where the 18 businesses came from. Traffic impact cannot be determined until developments occur. Some of these properties would be accessed from the Kenai Spur Highway. The LC zone was specifically designed to provide for low impact businesses. An increase in traffic does not automatically create a hazardous condition Janine Espy —Comments 1/5/09 Meeting Page 3 -172- Does Administration take into consideration the financial impact a rezone from RR1 to LC has on property owners within the district? A: No, that is not defined as part of the criteria to base the recommendation. My response to this question was that the code specifically outlines the criteria for considering amendments (rezones) in KMC 14 20 276 Financial impact is not listed as a consideration, 8. Would rezoning RR1 to LC allow for businesses such as "Kinko's", Massage Parlors, Tattoo and piercing establishments, "Wendy's" restaurants? A: Yes, if those restaurants and entities could be established in the 3000 square foot limit. Uses listed in the land use table as permitted would be allowed under the LC zone. I believe the reference is to the uses outlined in KMC 14 22 010 Footnote 25 which identifies personal services as "Art studios barbers beauticians dressmakers dry cleaners and self-service laundries fitness centers photographic studios tailors tanning salons and massage therapists." All development constraints must be met for any permitted use 9. Did you not recommend allowing a variance for a dentist office to 5000 square feet? A: ? (reporter does not know the answer given as there were several people talking at once) The question was asked but there has not been a variance application submitted and thus no recommendation has been given. Janine Espy —Comments 1/5/09 Meeting Page 4 -173- yg <<AtJ1CGfIx KENAI, ALASKI P,Villa e e ilh C# wA a Futtire" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794� Telephone: 907-283-7535 / FAX: 907-283-3014 1992 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration-`v DATE: January 14, 2009 SUBJECT: Removal of item 5.a. from the Agenda -Resolution PZ09-01 Item 5.a. on the agenda is the public hearing on Resolution PZ 09-01. The resolution deals with an application to rezone properties North of the Kenai Spur Highway corridor from McCollum Drive West to No -Name Creek from Rural Residential 1 (RR1) and Conservation (C) to Limited Commercial (LC). The rezoning application was signed by Jeff Twait, Chairman, Planning & Zoning Commission. See Page 16 of the packet. KMC 14.20.270(b)(1) provides that one of the ways a rezone may be initiated is by the Planning and Zoning Commission. I have been informed that Commissioner Bryson intends to object to the Rezoning Application because Chairman Twait submitted the application without authorization from the Commission. As the Commission knows, this rezone issue has created considerable controversy. The administration feels the debate should be on the substantive issues of the rezoning rather than procedural concerns. It is counterproductive to have the future debate focus on the application form rather than the merits of any proposal; especially if there is a legal challenge should a zoning change be approved. In order to eliminate that issue the administration requests the resolution be removed from the Agenda during the Agenda Approval portion of the meeting (Item 1.b.). The administration will -be bringing a new application along with a new resolution forward. It is expected that the rezoning issue will be brought back to the Commission for the meeting of February 11, 2009. Marilyn Kebschull From: Carol Frees Sent: Tuesday, January 13, 2009 7:48 AM To: Marilyn Kebschull; Nancy Carver Subject: FW: Rezone of the Kenai Spur Highway strip (Cinderella Street & Kenai Spur Hwy) I have replied and asked if he is wanting his comments added to the PZ packet for tomorrow's meeting. Carol From: Ken Seavey [maiito:kenseavey@yahoo.comj Sent, Monday, January 12, 2009 8:02 PM To: Carol Frees Cc. xcei@alaska.com Subject: Rezone of the Kenai Spur Highway strip (Cinderella Street & Kenai Spur Hwy) To whom it may concern: As a property owner in the Cinderella Street area, I am writing this e-mail to express my opposition towards the rezoning of the Kenai Spur Highway strip (Kenai Spur Hwy & Cinderella St). Thank you, Ken Seavey 704 Aliak Drive Kenai, AK 99611 kenseaveya.vahoo com -175- Marilyn Kebschull From: Carol Freas Sent: Monday, January 12, 2009 4:59 PM To: Marilyn Kebschull; Nancy Carver Subject: FW: rezone See attached ... I wrote back and requested clarification -- whether he wanted his comments added to the PZ packet at its 1/14/09 meeting. Carol From: eric gerke [mallto:ericngerke@yahoo.coml Sent: Monday, 7anuary 12, 2009 4:57 PM To: Carol Freas Subject: rezone To whom it may concern, I Eric Gerke am sending this e-mail to clarify my position regarding the rezone of the kenai spur highway strip. Please enter into the official record my opposition to this rezone. ,4 e -� r `7 ,.2_1 -176- Marilyn Kebschuli From: Carol Frees Sent: Wednesday, January 14, 2009 9:32 AM To: Marilyn Kebschull; Nancy Carver Subject: FW: I would like this read into the minutes at the City Council meeting on the 14th Here you go... From: Janine Espy [mailto:dialaprayer@yahoo.com] Sent: Wednesday, January 14, 2009 9:28 AM To: Carol Frees Subject: RE: I would like this read into the minutes at the City Council meeting on the 14th Carol, I don't know if Roy responded back to you yet or not. He is on the other side of the world and may already be in bed. His intention was for this letter to be entered in the P&Z public hearing. Thank you, Janine Espy --- On Wed,1/14/09, Carol Freas <cfrea22LLkenaf.uk.us> wrote: From: Carol Frees <efreas@ci.kenai.ak.us> Subject: RE: I would like this read into the minutes at the City Council meeting on the 14th To: rh_espy@yahoo.com Cc: "Janine Espy" <dialaprayer@yahoo.com> Date: Wednesday, January 14, 2009, 8:28 AM Good morning Mr. Espy, In the subject line, you indicate you want your letter of January 14, 2009 read "...into the minutes at the City Council meeting on the 10." The Kenai City Council meets on the first and third Wednesdays of the month and so will not meet again until January 21, 2009. The City of Kenai Planning & Zoning Commission meets this evening, January 14. For clarification, do you wish to have your letter read into the record at the January 14, 2009 Planning & Zoning Commission meeting? Or, do you want it read into the record at the January 21, 2009 Kenai City Council meeting? Your earliest response will be appreciated. Carol L. Frees, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283-7535, extension 231 sm Fax: (907) 283-5068 From: Roy Espy [mailto:rh espy@yahoo.com] Sent: Wednesday, January 14, 2009 1:34 AM To: Carol Freas Cc: Janine Espy Subject: I would like this read into the minutes at the City Council meeting on the 14th To the City Council, I'm opposed to the PZ09-01to rezone properties north of the Kenai Spur Highway corridor from McCollum Drive West to No -Name Creek from Rural Residential 1 RRI to Limited Commercial. This purposed rezone is destructive to the continuity of the present neighborhood and represents a threat to the nature of this part of the community. I also perceive it a punitive measure from the City of Kenai with its timing following so closely to the neighborhoods opposition to the rezoning of Papa Joe's Subdivision in December, as well as the properties across the Spur Highway were not included nor were properties towards Swires Road, just our neighborhood. This issue is not about "Landscaping", or if the "corridor is not conducive to residential" in the opinion of the City, it's about our homes and families. The truth is people live there so it is conducive. It's also about public trust, and zoning is about the public trust. A rezone will violate that trust. When the City uses the term "corridor" or as in December "The deteriorating corridor" in reference to this rezone, they are speaking of approximately 1500 lineal feet of highway frontage if you remove properties already occupied by home owners and property owners who are also opposed to this rezone. What is left is a patchwork of properties disarticulated from one another some in trustee ship to the borough and the State of Alaska. There is no "corridor". The City is stretching its credibility with rezoning people's private homes along with bits of other properties to create what appears on a map as a unified block of property. There is no justification to rezone as there is numerous commercial lots in Kenai, including several that are truly "deteriorating". Voting against this rezone will not impede the economic growth of Kenai. sm When we as a neighborhood came to the City Council about a cell phone tower, we were a neighborhood worth preserving. What has changed? Roy Espy 403 McCollum Drive dWOZ tl7eu'tynf' f� KENASKA "'Village with a Fast, Gciy with a F�etrare" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 11I i j 3 1992 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: January 14, 2009 SUBJECT: Telephone Call — Ms, Patricia Falkenberg I received a telephone call today from Ms. Falkenberg regarding PZ09.01. Ms. Falkenberg had intended to be present at the public hearing tonight to present testimony; however, her flights were delayed due to weather. She asked that the following information be provided to the Commission: Ms. Falkenberg stated she is opposed the rezone under any circumstances. She continued that the proposed rezone affects one of her properties managed under EZ Management. She stated the rezone would increase her taxes which would then increase tenant rents. She has had one tenant for 13 years and another for 8 years. Nancy Carver From: Kristine A. Schmidt [kschmidt@alaska.comj Sent: Wednesday, January 14, 2009 4:28 PM To: jtwait@alaska.net; Roy Wells (E-mail); karen koester; Scott Romain; Phil Bryson (E-mail); Jerry Brockman; korkev@yahoo,com Cc: Nancy Carver Subject: Kenai Highway/Magic Avenue Rezone Attachments: KMC14.20.270.pdf Dear Planning & Zoning Commissioners: I am opposed to the Kenai Spur Highway]Magic Street rezone (PZ-09-01), and I plan to testify tonight at the Planning & Zoning Commission meeting, but I wanted to alert you to a very serious problem with the application on this rezone, that I recently discovered: IT IS ILLEGAL. You should try to postpone action on this application tonight and get legal advice. Here is the problem: 1. Under the Kenai Zoning Code, KMC 14.20.270(b)(1) (attached), there are only five ways to initiate a rezone: (A) by the Kenai City Council; (B) by the Kenai Planning and Zoning Commission, (C) a petition by a majority of property owners in the area to be rezoned, (D) a petition of fifty Kenai registered voters, and (E) initiative or referendum petitions under the City Charter. 2. However, tonight's rezone is by application of the Chairman of the Planning and Zoning Commission, not the Commission. This is NOT ALLOWED in KMC 14.20.270(b)(1). That is, the chair of the P&Z cannot initiate a rezone. Only the entire Commission can initiate a rezone. This means that STEP ONE must be a vote of the entire Commission on whether or not to initiate a rezone under KMC 14.20.270(b). You are trying to skip step one here, because what is on the agenda tonight is STEP TWO, the public hearing on the application, and recommendation, under KMC 14.20.270(c)(2) and (3). I know that you have done it this way in the past, where the Chair, without the vote of the whole Commission, files rezoning applications, but this way is wrong. If you vote on this resolution tonight, you will be violating KMC 14.20270(b)(1). I urge you to postpone action on this item, because violation of a City ordinance is a very serious matter. You should seek legal advice from the City Attorney about your options. From what I can see in the Kenai Zoning Code, what should be on the P&Z Commission agenda first is a motion directing the Chairman to submit a rezoning application, with the details of what should be in the application. However, you can't take that action tonight, because you have not given public notice that you will take that action, and failure to provide public notice is a violation of State law, the Alaska Open Meetings Act, Kristine A. Schmidt sm cancel any of the provisions of this chapter shall be valid except insofar as the work or use which is authorized is lawful and permitted. (Ords. 925, 1240) 14.20.270 Amendment procedures. (a) Intent. This section shall govern any amendment to the Kenai Zoning Code and Official Ma (b) initiation of 10_rinj_Code and Official Map Amendments. (1) Amendments to the Kenai Zoning Code and Official Map may be initiated by: (A) Kenai City Council; �V_A� (B) Kenai PIanning and Zoning Commission; (C) Submission of a petition by a majority of the property owners in the area to be rezoned; C(10) Submission of a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; (E) Submission of a petition as provided by the Home Rule Charter of the e City of Kenai. (2) Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley rights -of -way) unless the amendment enlarges an adjacent district boundary. (3) A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. A The zoning amendment request shall include the names and addresses of the applicant, a map showing the area 28I 14.20.260 involved, the present and proposed zoning, a non-refundable deposit/ advertising fee one hundred dollars ($100.00) and any other pertinent information requested by the City. (c) Amendment Procedure: (1) A completed application, as described in this section, shall be submitted to the administrative official, The administrative official shall schedule a public hearing and make notification arrangements. (2) The Commission shall hold a public hearing in accordance with the requirements of this chapter. (3) The Commission shall, upon public hearing, forward its written recommendation to the Kenai City Council, along with all certified minutes and public records relating to the proposed amendment, (4) The Kenai City Council in accordance with the provisions of the Kenai Municipal Code, may or may not adopt the amendment as a City ordinance. (Ords, 925, 1179, 1461) 14.20.280 Public hearings and notifications. (a) Intent. This section governs all public hearings held by the Commission as required by this chapter. (b) Public Hearing Notice. Notice of the public hearing shall be published twice in a paper of general circulation within the City. The first notice shall be published not less than seven (7) days prior to the date of hearing. The notice shall contain at least the following information: (1) A b0`ef description of the proposal on which the public body is to act; (2) A legal and common description of the Property involved; (3) Date, time, and place of the public hearing; (Kenai Supp. No. 99, 7.06) Planning and Zoning Public Hearing Statement: Janine Espy I would like to refer you to the document, "Citizen Report of City of Kenai LC Informational Meeting January 5, 2009 — Janine Espy". I attended the January 5, meeting with good faith intentions to hear information regarding LC zoning. I had concerns about the proposed rezoning'for our neighborhood and believed the best thing in everyone's interest was to have dialog and share information. After the meeting, I actually felt more alarmed about the proposed rezone than I felt before the meeting. I believed giving a report back to the City Council and to this Commission was in everyone's best interest. i feel that my reputation was assaulted and is at stake because of Rick Koch's response to the Commission over my citizen report. When I presented the report to the City Council last Wednesday, and my intention for submitting it to the Commission is, - this is what I saw and heard and thought you would be interested to hear back from a citizen. i had some questions that were unanswered and some answers that caused me alarm. Maybe we could look into these things together and find the answers. I felt that if the City holds an informatal meeting and someone comes out of that with wrong information, or is not on the same page, that provides an opportunity to clarify the information. When people witness an incident and give a report, the reports are going to be a little bit different from each other depending where they were standing from the incident. Two people taking minutes for the same meeting are going to present two different summaries of the same meeting. 1 never intended for my report to be taken as a verbatim report. It was intended to be a "this is what I saw and heard" or "this is what I got out of the meeting", report. At many times during that meeting, several people were talking at once and it would have been impossible for Administration to hear all the words 1 heard or vice versa. I can understand why Ms. Kebschuli states, "There was not a question about flashing lights or neon lights She may not have heard it or recall it. That does not mean that I did not hear it. I have since listened to the tape of that meeting and can verify my report. Mr. Koch took an opportunity to clarify information and instead became defensive. He has attacked my character stating, "Ms. Espy's report was a biased and inaccurate representation of the meeting", that my tone was wrong, and in his opinion questions were rephrased by me and in some instances did not accurately communicate the question that was asked. This is now prejudicing my testimony to you. It does not serve the community when an informational meeting is held and someone says, "I didn't get W, for the response to be, "she's just emotional, biased and inaccurate". Ms. Kebschull also states that some of my questions were taken out of context. If by that she means they were not in order of how they were asked, she is probably correct. I just started writing them out as I was thinking of the meeting. I did not mean anything by their particular order. I am against the proposed rezone and still say the dentist could have built his office through alternatives suggested to him. I believe that "the intent of the LC ZOO* is to provide transition aitas between commercial and residential districts" does not mean changing Residential zoning sp that it can transition into Commercial. No transition is currently needed; there is a transition in place now. 5mo Carol Freas From: Kevin and Robin Dix [kevinandrobin@acsalaska.net] Sent: Tuesday, January 20, 2009 9:05 PM To: Carol Frees Cc: kevinandrobin@acsalaska.net Subject: PZ09-01, Letter in opposition Kevin Dix PO Box 1719 306 Princess St. Kenai, AK 99611 January 19, 2009 Kenai City Council RE: PZ09-01 — An application to rezone properties North of the Kenai Spur Highway corridor from McCollum Drive West to No -Name Creek from Rural Residential I (RR I) and Conservation (c) to Limited Commercial (LC) Dear Kenai City Council Members, I am writing this letter in opposition to PZ09-01 Six years ago my family and I began searching for property to build our new home. We wanted to remain in Kenai, but wanted more space and privacy. We looked at many properties before finding what we wanted. When we found our property on Princess St, it was not listed. We contacted the owners and negotiated a deal over the next couple months. We also bought an adjacent 2.5 acre parcel because we were worried someone might subdivide it. We did this even though the additional cost delayed construction of our new home. We eventually sold this parcel to a family who built a single family residence on it. My point in telling you this is so you understand the effort we put into finding just the right location for our new home. The location and surroundings were primary considerations for us. We went to significant trouble and expense to secure just the right site. We built our home on land which is separated from the highway by a parcel zoned RR1. A parcel zoned with the intent to "create a stable and attractive residential environment", and "Preserve the rural, open quality of the environment", and which prohibits uses that would "Violate the residential character of the environment', or "Generate heavy traffic in predominantly residential areas". We had a certain expectation of what might eventually be built on that residential property. PZ09-01 would rezone this parcel to Limited Commercial. A zone whose intent is to "provide transition between commercial and residential districts". This does not provide the same protection to the existing residential environment as RRl. This re -zoning would have substantial adverse impact to the desirability of my property. PZ09-01 might increase the value of some property on the highway, but at the expense of others. If PZ09-01 is to be considered further, I believe the City is obligated to consider the impact on nearby properties. If this rezoning can not be done without adversely impacting the neighbors who have built their homes under the protection of the existing zoning, then it should not be done. Thank you for considering my view. Sincerely, Kevin Dix _. �_ Q • e � rid n COUNCIL ON AGING ANNUAL MEETING ,. AGENDA ITEM I: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY -- November 13, 2008 ITEM 6: PERSONS SCHEDULED TO BE HEARD a. Tonya Whitney, UAA student intern ITEM 6: OLD BUSINESS a. Discussion -- By -Law Changes ITEM 7: NEW BUSINESS a. Discussion -- FY10 Budget b. Discussion -- Card Room ITEM 8• REPORTS a. Council on Aging Chair b. Director C. Council Liaison ITEM 4: QUESTIONS & COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Council Action Agendas of December 3 and 17, 2008. b. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions ITEM 12: :m COUNCIL ON AGING ANNUAL MEETING JANUARY 8, 2004 KENAI SENIOR CENTER 4:30 P.M. CHAIR HOLLIER, PRESIDING Chair Hollier called the meeting to order at approximately 4:35 p.m. Roll was confirmed as follows: Council Members present: J. Hollier, L. Flowers, E. Jones, R. Jurgensen, V Geller, B. Osborn, L. Nelson, M. Milewski Council Members absent: F. Wilson Staff/Council Liaison present: Senior Director R. Craig and Council Member R. Ross A quorum was present. ITEM 2: AGENDA APPROVAL ITiC+ili�'�LiilF Member Flowers MOVED to approve the agenda as presented and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Member Osborn MOVED to nominate Joanna Hollier as chair. Member Milewski SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member Nelson MOVED to nominate Velda Geller as vice chair and Member Flowers SECONDED the motion. There were no objections. SO ORDERED. MOTION: Member Jones MOVED to close the nominations. There were no objections. SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY -- November 13, 2008 (iWCiIN sm Member Flowers MOVED to approve the meeting summary of November 13, 2008 and Member Jones SECONDED the motion. There were no objections. SO ORDERED. • t. r i rW162102 5-a. Tonya Whitney, UAA Student Intern Whitney introduced herself as a student intern with the University of Alaska and investigating senior mental health issues to include in studies where those issues were omitted. Discussion followed related to interviews, identifying concerns and categorizing them, how to reach out beyond senior centers to assist seniors with issues, etc. ITEM 6: OLD BUSINESS 6-a. Discussion -- By -Law Changes Members restated their desire to remove Ficola Wilson as a voting member and appoint her as an Honorary Member (Clerk's note: The appointment of an honorary member was approved by amendment to the Council on Aging By -Laws and approved by Kenai City Council at its November 19, 2008 j ITEM 7: NEW BUSINESS 7-a. Discussion -- FY10 Budget Director Craig noted the draft budget due date and the membership discussed items it wished to be included, i.e. Vintage Pointe garages and heated sidewalks, folding tables, etc. Craig explained the garages and heated sidewalks would be a capital improvement project a --rid would not be budgeted in the Senior Center account. 7-b. Discussion -- Card Room Craig noted folding tables would be included in the Senior Center budget. ITEM 8: REPORTS 8-a. Council on Aging Chair -- Hollier noted the Senior Voice included an article written by LuAnn Barrett related to prevention and lifting weights and a January Redoubt Reporter advertisement identified activities/services provided by the Senior Center. 8-b. Director -- No report. 8-e. Council Liaison -- Council Member Ross stated his appreciation for the opportunity to attend the meeting and hear the memberships' issues and concerns. COUNCIL ON AGING ANNUAL MEETING JANUARY 8, 2009 PAGE 2 -186- ITEM 9: A brief discussion took place with Ross updating the membership of the bluff erosion project during which he noted, after the bluff issue was resolved, no facility would be built on the bluff. Osbora -- Noted a great concern of seniors was the development of an assisted living facility in the city and perhaps on the Millennium Square property. It was noted, if an assisted living facility would be developed, the city would not run it. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION 11-a. Council Action Agendas of December 3 and 17, 2008. 11-b. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions ITEM 12: ADJOURNMENT MOTION: Member Jurgensen MOVED to adjourn and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the membership, the meeting was adjourned at approximately 6:00 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk COUNCIL ON AGING ANNUAL MEETING JANUARY 8. 2009 PAGE 3 -187- KENAI AIRPORT COMM] JANUARY S, 2009 KENAI CITY COUNCIL CHa 7:00 P.M. s ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY -- October 9, 2008 ITEM 5: PERSONS SCHEDULED TO BE HEARD c r r a. Discussion -- Float Plane Basin (Plat 8a Rezone) update b. Discussion -- Fuel Flowage Fee Follow-up ITEM 7: NEW BUSINESS a. Discussion -- FY10 Budget ITEM 8: REPORT a. Commission Chair b. Airport Manager C. City Council Liaison ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for December 3 and 17, 2008. b. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. C. Float Plane Basin Activity Final d. November 2008 Enplanement e. October 2008 Airport Manager's Monthly Report f. November 2008 Airport Manager's Monthly Report g. December 2008 Airport Manager's Monthly Report h. FAA Report -- Airport Improvement Program FY1982-FY2008 i. Resignation Letter -- Versaw ITEM 12: ADJOURNMENT COMMISSIONKENAI AIRPORT 00 KENAI CITY COUNCIL CHAMBERS ,+ P.M. CHAIR HENRY KNACKSTEDT, PRESID] MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, J. Bielefeld, H. Knackstedt, L. Porter, G. Feeken Commissioners absent: E. Mayer, D. Haralson Staff/Council Liaison Present: Airport Director M. Bondurant, Council Member B. Eldridge A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Zirul MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR. MOTION: Commissioner Zirul MOVED to nominate Henry Knackstedt as Chair and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. �sF • IiT•7�A Commissioner Bielefeld MOVED to nominate Larry Porter as Vice Chair and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY -- October 9, 2008 Commissioner Bielefeld MOVED to approve the meeting summary of October 9, 2008 and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. :• ITEM 5: PERSONS SCHEDULED TO BE HEARD -- None ITEM 6: OLD BUSINESS 6-a. Discussion -- Float Plane Basin (Plat 8s Rezone) Update Knackstedt updated the Commission on City Council's approval of the rezone on January 7, 2009. Airport Manager Bondurant noted the planned long-term development would take ten to 20 years, the first project would be to develop the first row along the water taxiway and, she would return to the Commission with the environmental assessment and lease lot design. 6-b. Discussion -- Fuel Flowage Fee Follow-up Bondurant reported on her meeting with Air Supply Alaska and Everts Air Fuel, noting Administration was still considering the issue and $43,000 had been collected in fuel flowage fees since July 1, 2008. Bielefeld stated he believed the cost should be incorporated into the land lease rate. ITEM 7: NEW BUSINESS 7-a. Discussion -- FY10 Budget Bondurant noted she would prepare a presentation for the February Commission meeting and Administration would be present at the meeting to assist in the budget presentation. ITEM 8: REPORT 8-a. Commission Chair -- None 8-b. Airport Manager -- Bondurant reported the Airport cafe opened with a seven-day schedule, FAA had given permission for her to write three grants, and she reviewed the upcoming projects with the Commission. 8-c. City Council Liaison -- Eldridge reviewed the action items included in the packet and welcomed Feeken as a new Commissioner. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Knackstedt inquired about the snow removal process and commended the good job that has been done. Porter inquired about bumper pads on the light poles in short term parking AIRPORT COMMISSION MEETING JANUARY 8, 2009 PAGE 2 -190- Bielefeld complimented Earl Hicks for his assistance the day their aircraft lost a tire, requested FAA notification on the dates for the Air Fair, and noted he would not be able to attend the February meeting. Zirul complimented the airport crew for maintenance of the aircraft tie -down area. ITEM 10: ITEM 11: 11-a. 11-b. ITEM 12: Waillkzff• ! • / '_l Kenai City Council Meeting Action Agendas for December 3 and 17, 2008. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. Float Plane Basin Activity Final November 2008 Enplanement October 2008 Airport Manager's Monthly Report November 2008 Airport Manager's Monthly Report December 2008 Airport Manager's Monthly Report FAA Report -- Airport Improvement Program FY 1982-FY2008 Resignation Letter -- Versaw Commissioner Bielefeld MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:15 p.m. Meeting summary prepared and submitted by: Coterie Hall, Deputy City Clerk AIRPORT COMMISSION MEETING JANUARY 8, 2009 PAGE 3 -191- HARBORKENAI JANUARY 10 COUNCILCITY 0 P. 11:. } AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY - December 8, 2008 ITEM 5: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion - Kenai River Special Management Area Boundary b. Discussion -- FY 10 Budget ITEM 8: REPORTS a. Director b. City Council Liaison ITEM 9: COMMISSIONER COMMENTS/OUESTIONS PERSONS NOT ITEM 10: SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of December 3 and 17, 2008. b. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions, ITEM 12: Wom HARBORKENAI COMMISSION MEETING 1•' CITY i 0• CHAIR TOM THOMPSON, PRESIDING ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Commissioners present: P. Morin, A. Poynor, T. Thompson, and B. Peters Commissioners absent: B. Osborn, G. Foster, D. Gregory Staff/Council Liaison present: Council Member H. Smalley, Parks & Recreation Director B. Frates, and Public Works Manager W. Ogle A quoram was present. ITEM 2: AGENDA APPROVAL Chair Thompson requested Item 7b be removed as it was discussed at the December, 2008 meeting. Commissioner Poynor MOVED to approve the agenda with the removal of Item 7b and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED, ITEM 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Commissioner Poynor MOVED to elect Tom Thomspon as Chair and Commissioner Morin SECTIONED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Peters MOVED to elect B. Osborn as Vice Chair and Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY -- December 8, 2008 MOTION: -193- Commissioner Peters MOVED to approve the December 8, 2008 meeting summary as submitted and Commissioner Poynor SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. Discussion - Kenai River Special Management Area Boundary Director Frates referred to information included in the packet including City Manager Koch's letter to the Division of Parks & Outdoor Recreation noting the title search finding the actual Kenai River Special Management Area (KRSMA) boundary to be 2.75 miles upstream from the Warren Ames Bridge. A general discussion followed during which Commissioner Morin stated he believed the city controlled tidelands as far up as Barabara Drive dating as far back as the 1960's. Discussion continued and included potential effects of the KRSMA boundary being moved for the dip net fishery. The Commission stated its support of the city's effort to continue working with the Division of Parks & Outdoor Recreation during which the effects of the dip net fishery would be worked out. Commissioner Poynor MOVED to support efforts by the Kenai City Council and City Manager to re-establish historical boundary of jurisdiction, above the Warren Ames Bridge, as outlined in the R. Koch December 15, 2008 letter to the Division of Parks & Outdoor Recreation. Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED. 7-b. Discussion -- FY10 Budget Removed from the agenda. ITEM 8: REPORTS 8-a. Director -- Frates updated the Commission on the bird -viewing platform and cathodic protection. 8-b. City Council Liaison -- Council Member Smalley reviewed actions and discussions from previous council meetings, including land use issues for property across from the high school, potential of a new well, salary discussions for mayor and council, state budget, and hiring of lobbyist for the bluff erosion project. HARBOR COMMISSION MEETING JANUARY 12, 2009 PAGE 2 nil ITEM 9: COMMISSIONER COMMENTS/QUESTIONS Morin -- Inquired of efforts in place to counter the Matanuska-Susitna Valley's attempt to allocate more fish to that district. Smalley commented on the objectives of the Kenai Fish Taskforce. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION 11-a. Kenai City Council Action Agendas of December 3 and 17, 2008. 11-b. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. ITEM 12• ADJOURNMENT r v' Commissioner Poynor 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 adjourned at approximately 7:45 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk HARBOR COMMISSION MEETING JANUARY 12, 2009 PAGE 3 -195- Carol Freas From: Dennis Gregory [djgurl@hotmail.coml Sent: Thursday, January 08, 2009 6:27 PM To: Carol Freas Subject: RE: City of Kenai Harbor Commission and Advisory Cemetery Committee It is myintention to rresign my positions on the Harbor and Cemetery bodies affective immediately. For personal reasons we have move away from Kenai and are no longer able to participate. Thank You and Bob Frates for your wonderful support. Dennis A. Gregory You should have received a Christmaas Card and Written notice by now and I am sorry if they were not received. Subject: City of Kenai Harbor Commission and Advisory Cemetery Committee Date: Thu, 8 Jan 2009 11:43:49 -0900 From: cfreas@ci.kenai.ak.us To: url@hotmail.com Hi Mr. Gregory, It is my understanding you will be resigning from the Harbor Commission and Advisory Cemetery Committee. If so, would you please submit a written resignation to me. A reply to this email message and confirming the resignations will be fine. Thanks so much. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283-7535, extension 231 Fax: (907)283-5068 Windows UveT`": Keep your life in sync. See how it works. 1 -196- KENAI LIBRARY COMMI KENAI COUNCIL CHAM JANUARY 6, 2009 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY - December 2, 2008 ITEM S: PERSONS SCHEDULED TO BE HEARD a. Brian Meissner, ECl/flyer Architects -- Library Expansion Project ITEM 6: OLD BUSINESS a. Discussion -- Goals & Objectives ITEM 7: a. Discussion -- FY10 Budget � a. Director b. Friends of the Library C. City Council Liaison ITEM 9: COMMISSION COMMENTS/OUESTIONS ITEM 10, PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of December 3 and 17, 2008, ITEM 12: -197- KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS JANUARY 6, 2009 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Bryson called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, E. DeForest, M. Graves, C. Brenckle (arrived at 7:10 p.m.), E. Bryson, R. Peters Commissioners absent: C. Cook Staff/Council Liaison present: Council Member M. Boyle, Library Director M. Joiner A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner DeForest MOVED to approve the agenda and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR MOTION: Commissioner Heus MOVED to nominate Eileen Bryson as Chair and Commissioner DeForest SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Heus MOVED to nominate Robert Peters as Vice Chair and Commissioner DeForest SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY — December 2, 2008 The Commission requested the meeting summary of December 2, 2008 reflect that Sal Mattero, Brian Meissner, Mary Jackson, Tom Walker, and Tim Navarre were in attendance. Commissioner Peters MOVED to approve the meeting summary of December 2, 2008 and Commissioner DeForest SECONDED the motion. There were no objections. SO ORDERED. 5-a. Brian Meissner, ECIJHyer Architects -- Library Expansion Project Mr. Meissner reported Concept #4, which was included in the packet, was the concept that would be advanced. General discussion of the design followed. ITEM 6: OLD BUSINESS 6-a. Discussion -- Goals & Objectives Ora .st Commissioner Brenckle MOVED to table the discussion and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED, 6-b. Discussion -- Letter to Legislators (Deputy Clerk's Note: This item was not added at Agenda Approval.) Bryson presented a draft letter provided by Council Member Boyle. General discussion followed. Commissioner Brenckle MOVED to request Council Member Boyle present the letter to City Council again and Commissioner DeForest SECONDED the motion. VOTE: Hens NO DeForest YES Graves i YES Bryson YES Peters I NO Brenckle YES l Cook JABSENT MOTION PASSED. Commissioner Hens MOVED to request the letter be sent to each Legislator individually and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: NEW BUSINESS 7-a. Discussion -- FY10 Budget LIBRARY COMMISSION MEETING JANUARY 6, 2009 PAGE 2 Library Director Joiner summarized the budget request that she would present this year, noting personnel requests. ITEM 8: REPORTS S-a. Director-- Joiner reviewed her monthly report. S-b. Friends of the Library -- Heus reported the membership drive was in January and encouraged everyone to write letters to the editor regarding the library expansion. S-c. City Council Liaison -- Council Member Boyle noted he had nothing further to add to the previous discussion regarding the letter to Legislators. ITEM 9: COMMISSION COMMENTSJOUESTIONS The Commission expressed appreciation to the architects and to Council Member Boyle for his work on the draft letter to Legislators. Joiner noted Commissioner Cook would be resigning. MOTION: Commissioner Brenckle MOVED to thank Cook for her work on the Commission and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 11: INFORMATION 11-a. Kenai Citv Council Action Agendas of December 3 and 19, 2008. ITEM 12: ADJOURNMENT MOTION: Commissioner DeForest MOVED to adjourn and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:00 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING JANUARY 6, 2009 PAGE 3 KENAI PARKS & RECREATION COMMIS JANUARY 15, 2009 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY -- October 2, 2008 ITEM 5: PERSONS SCHEDULED TO BE HEARD a. James Clark -- Boys & Girls Club ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion -- FY10 Budget ITEM 8: REPORTS a. Commission Chair b. Director C. City Council Liaison ITEM 9: COMMISSION QUESTIONS & COMMENTS ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. City Council Action Agendas of December 17, 2008 and January 7, 2009. b. City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions ITEM 12: ADJOURNMENT -201- ,. JANUARY ,5, 2009 CHAMBERSCITY HALL COUNCIL ry� CHAIR DALE SANDAHL, PRESIDING ITEM 1: CALL TO ORDER & ROLL CALL Chair Sandahl called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Commissioners present: A. Hull, D. Sandahl, K. McDonald, T. Wortham, L. Magiera, and F. Kiefer Commissioners absent: J. Beeson Staff/ Council Liaison present: Council Member J. Moore and Parks &, Recreation Director B. Frates A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Hull MOVED to approve the agenda as submitted and Commissioner Wortham SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR Commissioner Wortham MOVED to elect Dale Sandahl as Chair and Commissioner McDonald SECONDED the motion. There were no objections. SO ORDERED. iais'' s� Commissioner Wortham MOVED to elect Al Hull as Vice Chair and Commissioner McDonald SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: APPROVAL OF MEETING SUMMARY -- October 2, 2008 MOTION: Commissioner McDonald MOVED to approve the October 2, 2008 meeting summary and Commissioner Wortham SECONDED the motion. There were no objections. SO ORDERED. -202- Clark presented a Boys & Girls Club quarterly report including a financial summary, attendance, and Teen Center activities and noted; the Club anticipated receiving a $80,000 grant for new furniture; they have been working with the City on some maintenance issuances; and, the gym floor has some dead spots in it. ITEM 7: NEW BUSINESS 7-a. Discussion -- FY 10 Budget Director Frates reviewed draft Parks & Recreation and Beautification budgets which were included in the meeting packet. Comments included: ® Condition of the gym floor should be investigated for repair or replacement -- a floating floor could be considered. • Brush cutting at Beaver Creek Park should be considered. • Replacement of playground equipment at Beaver Creek and Fourth Avenue Parks could be considered. MOTION: Commissioner Magiera MOVED to approve the draft budget as presented and Commissioner Hull SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: REPORTS 8-a. Commission Chair -- Sandahl gave a brief report on the sports dome committee's efforts to educate the public related to size, location ideas and cost, along with possible financial impacts to households. S-h. Director -- Frates reported on budget matters work, along with process and attention given to the North Beach Restoration Project and bollards for Municipal Park. S-c. City Council Liaison -- Council Member Moore stated he was pleased to be serving as liaison for the Commission and noted his willingness to assist in anyway he could. ITEM 9: COMMISSION QUESTIONS & COMMENTS -- None. ITEM 11: INFORMATION PARKS & RECREATION COMMISSION MEETING JANUARY 15, 2009 PAGE 2 -203- 11-a. City Council Action Agendas of December 17, 2008 and January 7, 2009, 11-b. City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions ITEM 12: ADJOURNMENT MOTION: Commissioner Hull MOVED to adjourn and Commissioner Magiera SECONDED the motion, There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:10 p.m. Meeting summary prepared and submitted by: Carol L. Preas, City Clerk PARKS 8s RECREATION COMMISSION MEETING JANUARY 15, 2009 PAGE 3 m CITY OF KENAI "Village with a past— City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS tke city of KEMAL AEASKA RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 293-9535, EXT. 231 DATE: 1,c,FAX: 283-5068 NAME: or Resident of the City of Kenai? T f�/� y �t How long? f a Residence Address Mailing Address EY i/ Home Telephone No. C�2l J' � �✓� Home Fax No. Business Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL ❑ If not all, what information may we include? EMPLOYER: C a�a^^d jI'�Qp� { V 1 Job Title NAME OF SPOUSE: Current membership in organizations:(!L� t1t'WL_ i Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH Y U ARE I15TERESTED: i WHY DO YOU WANT TO BE INVOLVED WITH IS 7—MMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR C NTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERS -205- CITY OF KENAI PLANNING &ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 14, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed with an asterisk (*) are considered to be routine slid 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. *December 10, 2008 3. SCHEDULED' PUBLIC COMMENT: (10 Minutes) a. Becky Espy — "My culture in Kenai". b. Debbie Sonberg — "Appearness of Fairness Doctrine" 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09-01 — An application to rezone properties North of the Kenai Spur Highway corridor from McCollum Drive West to No -Name Creek from Rural Residential I(RRI) and Conservation (C) to Limited Commercial (LC). Application submitted by Jeff Twait, Chairman, 'Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: a. PZ07-25 — Recommending 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 IK IZ:2 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Planning & Zoning Meeting Schedule b. Zoning Bulletin (11/10/08, 11/25/08 & 12/10/08) c. Council Policy for Commissions, etc. d. Yearly Reports ➢ 2008 P&Z Resolutions 2008 Building Permits ➢ 2008 Code Enforcement 12. COMMISSION COMMENTS & QUESTION'S: 13. ADJOURNMENT: -207- .., 7.00 P.M. CITY COUNCIL CHAMBERS ,,. MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:02 p.m. I -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison Present A quorum was present. 1-b. Agenda Approval MOTION: G. Brookman, K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson and K. Rogers None City Clerk C. Freas, Planning & Zoning Administrative Assistant N. Carver, Council Member R. Molloy Commissioner Romain MOVED to approve the agenda as presented and Commissioner Bryson SECONDED the motion. Commissioner Romain MOVED to amend the agenda by removing Item 5-a, PZ09-01 from the agenda and Commissioner Bryson SECONDED the motion. Bryson referred to a memorandum from staff (and available to the commission and public) and explained he had contacted the city with concerns of the appropriateness of the rezoning issue coming before the Commission; the Kenai Municipal Code defines the procedure for initiating of a rezone; it was his belief the procedure being followed was not correct. Brookman Yes Koester Yes ; Romain Yes Wells _ Yes Twait Yes Bryson Ye Rogers i Yes ITL. aavax re oosvaa aaaysuxawavv za,s. Brookman Yes Koester Yes Romain Yes Wells Yes Twait Yes $ son Yes Rogers Yes Twait explained the lay -down documents related to PZ09-01 would be made a part of the packet the next time the issue came before the Commission. 1-c. Consent Agenda ,r r Commissioner Romain MOVED to approve the consent agenda as presented and Commission Bryson SECONDED the motion. There were no objections. SO ORDERED. i-d. *Excused Absences -- None. ITEM 2: *APPROVAL OF MINUTES -- December 10, 2008 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3 a. Becky Espy - "My �""UIC M Kena " Becky Espy, 903 Magic Avenue, Kenai -- Discussed her life -time residency of Kenai, history of her neighborhood, and her life in a Rural Residential zone. 3-b. Debbie Sonberg - "Appearance of Fairness Doctrine" Debbie Sonberg, 410 Cinderella Street, Kenai -- Referred to and read excerpts from articles related to the "Appearance of Fairness Doctrine" with regard to land issues. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS S-a. PZ09-01 - An application to rezone properties North of the Kenai Spur Highway corridor from McCollum Drive West to No -Name Creek from PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2009 PAGE 2 -209- Rural Residential l(RRI) and Conservation (C) to Limited Commercial (LC). Application submitted by Jeff Twait, Chairman, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska Removed from the agenda ITEM 6: OLD BUSINESS -- None. ITEM 7: -- None. ITEM 8: PENDING ITEMS 8-a. PZ07-25 - Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. No action taken. ITEM 9: REPORTS 9-a. City Council -- Council Member Molloy reviewed the council meeting action agendas for the December and January 7 meetings (included in the packet) and reported on actions and discussions that took place. 9-b. Borough Planning -- Commissioner Bryson referred to the agendas of the December 15, 2008 and January 5, 2009 meetings (included in the packet) and reported on actions and discussions that took place. 9-c. Administration -- Administrative Assistant Carver noted the following: + Kebschull report included in the packet noting issues that would be coming before the Commission, i.e. election of chair/vice-chair, public hearings, etc. • Request would be made in the Planning & Zoning budget for funds to update the Comprehensive Plan. • Information related to a proposed resolution to recommend a code amendment to prohibit the use of residential front yards for parking vehicles. The issue would be addressed at the next meeting for the Commission to schedule a work session or bring a resolution forward. ITEM 10: PERSONS PRESENT NOT SCHEDULED Janine Espy, 403 McCollum Drive, Kenai -- Espy discussed concerns she had with comments included in City Manager Koch's response to her questions submitted after the informational meeting related to the Limited Commercial Zone held on January 5, 2009. Mark Schrag, 312 Princess, Kenai -- Reported he had requested a delay in bringing the rezone issue to the Commission in order for the residents of the neighborhood to PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2009 PAGE 3 have more time to prepare their comments; the request for delay was denied; stated his frustrations and concerns the public hearing was delayed due to a procedural issue. It was noted, the delay was caused by the City Council; the proposed date for the issue to be back before the Commission was February 11 (after Council initiates the rezone); and apologies were made to the audience for the delay. Walt Ward, 708 Magic Avenue, Kenai -- Stated his objections to the rezoning of the North side of the Kenai Spur Highway from McCollum Drive to No -Name Creek, noting he believed it a quality of life issue. Becky Espy, 903 Magic Avenue, Kenai -- Stated, no matter how the issue ended, she did wanted the Commission to see the residents of the neighborhood as good people. Bill Osborn, 423 Rogers Road, Kenai -- Suggested the Commission investigate centralizing the core of the city. Colleen Ward, 708 Magic Avenue, Kenai -- Encouraged the Commission to conduct analysis of the facts when the rezone issue returned to them; she did not believe the proposed rezone complied with the Comprehensive Plan or the Kenai Municipal Code; and urged the members to use relevant information. Debbie Souberg, 410 Cinderella Avenue, Kenai -- Stated the city manager said he would take the questions brought forward from the informational meeting related to limited commercial zoning and provide answers of the questions to the Commission; believed the Commission should demand the answers be provided; and, believed the answers would be pertinent. Sylvia Stuart, 401 McCollum Drive, Kenai -- Stated her objections to the proposed rezone and identified increased traffic, vandalism, and two manv buildings were proposed for the size of the lot. V Billy Stuart, 401 McCollum Drive, Kenai -- Spoke in opposition to the proposed rezone and stated he did not want the town to be in his neighborhood. ITEM 11: INFORMATION ITEMS 11-a. Planning & Zoning Meeting Schedule 11-b. Zoning Bulletin (1l/10/08, 11/25/08 & 12/10/08) 11-c. Council Policy for Commissions, etc. 11-d. Yearly Reports 2008 P&Z Resolutions • 2008 Building Permits • 2008 Code Enforcement PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2009 PAGE 4 TAR ITEM 12: COMMISSION COMMENTS & OUESTIONS Commission members thanked the public for attending the meeting. ITEM 13: ADJOURNMENT MOTION: Commissioner Brookman MOVED to adjourn the meeting and Commissioner Rogers SECONDED the motion. There were no objections. There being no further business to come before the Commission, the meeting was adjourned at approximately 8:00 p.m. Minutes prepared and submitted by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2009 PAGE 5 -212- KENAI BEAUTIFICATION COMMITTEE JANUARY 13, 2009 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM l: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY -- September 9, 2008 ITEM S: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Discussion -- FY10 Budget Review/Goals & Objectives ITEM 8: REPORTS a. Committee Chair b. Parks &, Recreation Director c. Kenai City Council Liaison ITEM 9: QUESTIONS AND COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a Kenai City Council Meeting Action Agendas of December 3 and 17, 2008. b. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions ITEM 12: ADJOURNMENT -213- 2009 KENAI COUNCIL CHAIR KAY SHEARER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER 8s ROLL CALL Chair Shearer called the meeting to order at approximately 7:13 p.m. Roll was confirmed as follows: Committee Members present: K. Shearer, P. Baxter, S. Lovett Committee Members absent: M. Dimmick, L. Seymour, M. LeFebvre Staff/Council Liaison present: Mayor P. Porter, Parks & Recreation Director B. Frates, Public Works Manager W. Ogle No quorum was present. ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: APPROVAL OF MEETING SUMMARY -- September 9, 2008 ITEM 6: OLD BUSINESS ITEM 7: a. Discussion -- FY10 Budget Review/Goals & Objectives a. Committee Chair b. Parks & Recreation Director C. Kenai City Council Liaison ITEM 9: QUESTIONS AND COMMENTS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: a. Kenai City Council Meeting Action Agendas of December 3 and 17, 2008. b. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions -214- ITEM 12: ADJOURNMENT There being no quorum, the meeting closed at 7:15 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING JANUARY 13, 2009 PAGE 2 -215- j �\ A A theutvof DATE: O no r _ NAME: 0 CC 4 CITY OF KENAI " village with a past -- City with a future. " BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283-5068 Resident of the City of Kenai? How long?y I `Jwi'� 20 0i _ Residence Address 152-7 10!l00 Mailing Address '-�i7 -�>Cx G��� T/Zyya Home Telephone No. e C7 - 7iD 5 Business Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL If not all, what information may we include? _.Z1 EMPLOYER: / Job Title l..Ct NAME OF SPOUSE: WA4 Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR CO I ITTEE? )uv,d -10 Vet \iPowf . ��r �t v ew�fi� " U b7� au-d tV�iA "d t n-k'41k4 02 ! UV-MA,p 3 WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Signature ADVISORY CEMETERY COMMITTEE JANUARY 15, 2009 CLERK'S CONFERENCE ROOM 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- November 20, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Review of Consolidated Design Suggestions ITEM 6: NEW BUSINESS a. Discussion -- FY10 Budget (clearing, fencing, etc.) ITEM 7• REPORT a. Committee Chair b. Director C. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for December 3 and 17, 2008. b. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. ITEM 11: ADJOURNMENT -216- ,Ills• a , 2009 sLERK'S CONFERENCE ROOM wr VICE CV.41V J. B • MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Vice Chair Buffington called the meeting to order at approximately 7:02 p.m. Roll was confirmed as follows: Committee members present: K. Mohn, J. Buffington Committee members absent: B. Elder, R. Harrison Staff/Council Liaison present: City Clerk C. Freas, D. Hernandez, Parks & Recreation Assistant, Council Member B. Eldridge There was no quorum. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- November 20, 2008 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS 5-a. Discussion -- Review of Consolidated Design Suggestions ITEM 6: NEW BUSINESS 6-a. Discussion -- FY10 Budget (clearing, fencing, etc.) ITEM 7: REPORT 7-a. Committee Chair 7-b. Director 7-c. City Council Liaison ITEM S.- COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for December 17, 2008 and January 7, 2009. -217- lb-b. Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. ITEM 11: ADJOURNMENT Due to lack of a quorum, the meeting was adjourned at approximately 7:04 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk ADVISORY CEMETERY COMMITTEE MEETING JANUARY 15, 2009 PAGE 2 -218- SALMON TASK FORCE MEETING JANUARY 5, 2009 KENAI CITY COUNCIL CHAMBERS 3:00 P.M. i�ll�s •� s ;r u��„ ITEM l: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: ELECTION OF CHAIR AND VICE CHAIR ITEM 4: NEW BUSINESS a. Opening Remarks/Mayor Porter b. Ideas for Product/Process C. Outreach d. Tentative Schedule/Select Meeting Dates & Time C. Other Issues ITEM 5: ADJOURNMENT -219- 00 t r• r �r MEETING SUMMARY INTRODUCTION OF MEMBERSHIP/PARTICIPANTS -- Mayor Porter welcomed those members attending and provided a brief overview of the objectives of the Task Force. ELECTION OF CHAIR PRO TEMPORE -- Members selected Jim Butler as its Chair Pro Tempore. ITEM I: CALL TO ORDER & ROLL CALL Chair Pro Tempore Butler called the meeting to order at approximately 3:10 p.m, Roll was confirmed as follows: Members present: J. Butler, K. Tarbox, D. Kramer, R. Harding, R. Ruffner, B. Scott, J. Torgerson, and P. Micciche (arrived at approximately 3:45 p.m.) Others present: City Clerk C. Freas, Mayor Porter, Council Member Joe Moore, Task Force Liaison A quorum was present. The agenda was approved as presented. ITEM 3: ELECTION OF CHAIR AND VICE CHAIR Election of chair and vice chair was completed after the new business items were discussed. Jim Butler was chosen as Chair and John Torgerson as Vice Chair. 4-a. Opening Remarks/Mayor Porter -- Made at beginning of the meeting. 4-b. Ideas for Product/Process -- Member comments included: • Recommendation/long-term, city may want to consider a separate commission for habitat and resource. The city needs to be proactive instead of reactive. -220- • Task Force providing recommendations to the local government body could be very helpful; likes standing commission idea, especially for habitat issues; will not participate if get into allocation of fish issues. • Task Force should define what resources are available for use and how the city could engage; not interested in discussing allocation of fish; give recommendations for policies, organization structures, and threats, how to interact with other governments; and do not discuss the Mat -Su issue unless directed by Kenai City Council. • Be a resource for the city through the Economic Development District /Kenai Peninsula Conference (previously known as Kenai Caucus), establishing priorities and assisting in lobby for Peninsula issues, • Need for a collective knowledge and understanding and provide education to the Kenai City Council; develop and provide to the Council a sufficient level of what is important for them to use if move forward on issues; and, Task Force findings can be a support document. 4-c. Outreach -- Provide outreach to other group in written form. ® Provide information for uploading on City of Kenai webpage with information flowing through the Office of the Kenai City Clerk. • Discuss issues one at a time as listed. • Suggested end date for completion of the Task Force work would be mid March. Provide a regular update to the Kenai City Council. Members agreed, consensus would be best in developing the end product. 4-d. Tentative Schedule/Select Meeting Dates & Time -- The next meeting was scheduled for Tuesday, January 20, 2009 at 3:00 p.m. in the Kenai City Council Chambers. 4-e. Other Issues Members were requested to do the following: • Identify five or sic issues to discuss with an outline of how to meet the objectives (items 1-4 of the Task Force Objectives) and forward to Clerk Press. + Provide summaries of articles, documents, etc. for review and possible inclusion as bibliography/resources of interest. (Send documents to City Clerk Freas.) • Meeting packets to be mailed and made available on the City webpage. KENAI SALMON TASK FORCE JANUARY 5, 2009 PAGE 2 -221- Members also agreed meetings should be held to one to two hours. ITEM 5: ADJOiTI2N1VfENT There being no further business, the meeting was adjourned at approximately 4:50 p.m. Notes prepared by: Carol L. Freas, City Clerk KENAI SALMON TASK FORCE JANUARY 5, 2009 PAGE 3 Kenai Community Library Monthly. Report January 2009 Dedember Circulation Figures Adult Fiction 1,948 Internet Access 903 Adult Non -Fiction 1,465 Music 135 Periodicals 67 Puzzles 2 Juvenile Fiction 565 Videos 505 Juvenile Non -Fiction 151 DVDs 2,185 Easy Fiction 1,176 Audio books ill Easy Non -Fiction 140 Miscellaneous 23 Interlibrary Loan 33 Computer Programs 15 � Total Print 5,545 Total Non -Print 3,879 Total Circulation 9,424 Internet Express Use 462 Total Catalog Searches 5,189 Library Door Count....... 6,872 In -House circulation 100 Downloadable Audio 114 The library circulation for December of 2008 was 2% higher than that in December 2007. Circulation for 2008 was 7% higher than circulation in 2007, In December we had 3,101 visits to our webpage by 925 separate individuals. The Iibrary issued 1,451 new cards over the last year, with 47% going to Kenai residents, 16% to Soldotna residents, 9% each to out-of-state residents and Nikiski residents. The remainder were issued to residents of Cooper Landing, Homer, Kasilof Ninilehik, Sterling, and for Internet only use or to Organizations. Calendar Yr. 2004 2005 2006 2007 2008 Total Circ. 103781 104406 110364 120601 129711 Im MEMORANDUM To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: January 12, 2008 Subject: December Monthly Report Total number of days rented in December 2008: December Monthly Meat Count 2008 Served: Total Congregate Meals Served: 1256 Total Horne Meals Served: 1633 Total Non -Seniors Meals: 8 December 2007 Monthly Meal Count Served: Total Congregate Meals Served: 1,102 Total Home Meals Served: 2,131 Total Non -Senior Meals: 16 Total Volunteer Hours for December: 755 The Director received a letter from Joan Gone, Health Program Manager II, SDS/NTS which she wrote, based upon the funding formula and implementation schedule within the State Plan for Senior Services for FY 2008-201 lfor the Kenai NTS grant program (based upon the availability of spending authority, approval, etc.) the following: 2009: $137,432 2010: $153,828 2011: $170,224 The Administrative Assistant is a Certified Alaska Medicare Counselor through CMS. The Open Enrollment Period for Medicare Part D (November 15 — December 31) brought many new faces to our Center. Kathy had 35 appointments in December with 18 as first timers to the Kenai Senior Center. During the month of December we had many groups come and perform Christmas music at lunch. Kids from "Reeds Primary", the "Hope Notes", and the "Kenai River Barber Shop Quartet to name a few. -225- II Ard 1V.111 171 IV , Date: October 8, 2008 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe of 12-15 to 1-14: Run total for 2008 1,468 requests for service Total last year at this time 1,381 requests for service 5% increase over 2007 Last 30 days 118 requests for service Summary of activities for last month: 1) Provided an evening orientation of both fire stations for local Boy Scout troop. 2) Set up meetings with Terry Eubank for explanation of city Flex Plan to all employees. 3) Members of the Kenai Firefighter's Association organized and presented a four day long Advanced Rescue training for members of the BP/Conoco Philips fire department and members of the Nikiski Fire Department. 4) Worked with focal members of the Fraternal Order of Leatherhead Society (F.O.O.L.S.) organization which is a branch of a nation wide non profit group made up with local firefighters. We hosted a Christmas party at station 1 for all local firefighters and their families. 5) Have been working on specification for a new ARFF vehicle for the Airport. 6) Had Christmas dinner provided to the fire hall by the local Moose lodge. Many thanks to the great members of that organization. 7) Received a letter of resignation from Battalion Chief Greg Coon. Greg has accepted a position with the University of Alaska Fire Department. Chief Coon has been a close friend and a great comrade over his 12 years with the city. He will be missed. 8) Hired a new firefighter. We would like to welcome Jeremy Hamilton to the City and to the Fire Department. 9) Year end report will be finalized soon for your review. M91 To: Rick Koch, City Manager From: Gus Sandahl, Police Chief ^v Date: 1/14/2009 Re: Police & Communications Department Activity — December 2008 Police handled 568 calls for service. The Communications Center received 114 emergency 9-1-1 calls. Officers made 85 arrests and wrote 239 reports. Police investigated several significant cases. An adult female was arrested for felony assault of a 4 year -old child in her care. The child had multiple lighter bums on his body. An adult male was arrested for felony vehicle theft. An adult female was arrested for felony assault on her boyfriend, who had multiple lacerations to his legs from a broken bottle. An adult female was arrested for vehicle theft, DU I, and Driving While License Suspended after she rolled a vehicle into the ditch. Traffic enforcement resulted in 124 warnings, 23 speeding tickets, 21 seatbelt tickets, 15 citations for equipment violations, and 39 citations for "other" traffic violations. There were 10 DUI arrests. Police investigated 21 vehicle crashes (5 injuries). Those investigations resulted in 8 citations and 4 arrests (1 DUI). In the schools, Officer Langseth handled three criminal investigations and two other calls for service. He gave presentations to students on Internet safety and alcohol awareness. He is also involved in the weekly youth mentorship program. Officer Langseth and Officer George continue to teach the Elementary DARE program to students at Mt. View and Kaleidoscope. On Dec. 2, Jayms Harris started work as a police officer. In mid -December, Officer Dan Smith started phase 3 of field training. On Dec. I e, Officer Jim Johnson resigned to pursue an occupation as an Adult Probation Officer. On Dec. 30, Cheryl Bemowski accepted a job offer for a vacant dispatch position (started work on Jan. 12). The first week of December, Chief Sandahl, Lt. Wannamaker, Sgt. McBride, and Sgt. Komfield attended the law enforcement Executive Development Conference in Anchorage. On December 7" , Officer Tumage and Chevron attended quarterly K9 training in Fairbanks. On December e, Sgt. Langham attended a first -line supervisor course in Fairbanks. On December 11', Dispatcher Lindsay Sackman attended Emergency Medical Dispatch certification training in Anchorage. Officers continue to work DUI and Click -it or Ticket campaigns (funded by the Alaska Highway Safety Office). Officer Sjogren continues to act as the Law Enforcement Liaison (LEL) to the Alaska Highway Safety Office. -227- ANIMAL CONTROL REPORT December 2008 2008 2007 2008 2007 STRAY 67 53 ADOPTED 64 43 Dogs 40 38 Dogs 27 26 Cats 26 14 Cats 34 16 Other Animals I 1 Other Animals 3 1 RELEASED BY OWNER 64 36 CLAUVIED 11 11 Dogs 21 29 Dogs 10 9 Cats 41 7 Cats 1 2 Other Animals 2 0 Other Animals 0 0 D.O.A. 5 7 EUTHANIZED 53 35 Dogs 3 4 Dogs 21 32 Cats 2 3 Cats 32 3 Other Animals 0 0 Other 0 0 WILDLIFE RELEASE 3 0 Borough Animals 45 30 Field Investigations 63 57 Total Dogs 64 71 Volunteer hours 55 83 Total Cats 6.9 24 Total phone 876 732 Total Other 3 1 Kennel Permits 0 0 -228- Municipal Airport Airport Cafe — PTs is the airport cafe name and opened for business on January 5, 2009, Hours of business are 7am to 9pm seven day a weeks. Their telephone number is 335-1432. Roger and Linda are very excited to be back. Kenai Peninsula Air Fair — The 9th Annual Kenai Peninsula Air Fair will be held on Saturday, May 30. Airport staff is busy contacting volunteers, military, pilots, and vendors. We are always looking for event volunteers. If you can volunteer please contact Mary or Lori. Winter Snow Removal Operations — Airport crew continues to work diligently on the airfield surfaces and parking lots to ensure safe aircraft operations and foot travel. Airport administration has received many compliments from operators on the crew's efforts. 2008-12 -229- "VAIC witk a Past Gi� wifk a Futare" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 the e# of To: Rick Koch, City Manager Through: Wayne Ogle, Public Works Director From: Robert J. Frates, Parks & Recreation Directop Date: January 14, 2009 RE: Mid -month Report A total of 83 hours were reserved for the month of December, compared to 100 hours last year during this time. Some ice cancellations occurred as a result of the extreme cold temperatures toward end of month. The rink was closed and locked during the extended cold days stretching into the first part of January to eliminate potential for vandalism during this time. Grooming efforts have been ongoing at the Kenai ]Nordic Trails. Both Kenai Central High School and Kenai Middle School will be hosting their annual ski races January 16Ce and 23`d, respectively. Plans are in place for general marking of the course pending sufficient snow to set stakes. Grourdkeeper Dave Hernandez has met his one year's employment status and continues to grow in his position, The Director was on vacation for 3 weeks in December and Mr. Hernandez did an admirable job filling in. Plans are in motion for removal of winter pole decorations early next week pending weather and any unexpected delays. Street Dept. will assist with this process. Department is seeking additional funds to offset cost of permanent protective fencing for the Dunes Rehabilitation Project. Excess funds have been identified in Parks for a Park Strip picnic shelter. Peninsula Winter Games are scheduled for end of January. Director coordinated with Soldoma. Chamber of Commerce for the snowplowing of parldng lot off Marathon Rd near pond. This department is also looking forward to ice sales for their annual hockey tournament. Director is planning on attending this year's Alaska Greenhouse & ]Nursery Conference in Anchorage scheduled January 27"' and 28d'. An outstanding agenda has been put together, including speakers, trade show, etc. -230- ®`Villa e witkPast, jai wit a r inure" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 2361 FAX: (907) 283-3014 1(�Ili i992 \� tdre c# of zl KENAI, ALASKA IKS DEPARTMENT JAldUAR ' 2009 REPORT TO: Rick Koch, City Manager .,,,, ////// FROM: Wayne Ogle, Public Works DirectorAvAb DATE: January 14, 2009 SUBJECT: Mid -Month Report; Public Works Department The status of previously reported projects is as follows: • The Public Safety Garage Improvement Proiect (Holden Company) Project is totally complete. • Airport Urea Storage Building proiect (Sterchi Corporation) Submittal of the final contract documents and final pay estimate is pending, • Thompson Park LID and Shamrock Circle LID paving project (Alaska Roadbuilders) costs are being tabulated so assessments can be calculated. Public hearings on the proposed assessments are underway. • The Marathon Road Improvement Project (Southcentral Construction Inc.) is substantially complete with street lights currently being installed with a couple minor punch list items which are being held over until spring. • Kenai Visitor's Center Heating System Upgrade (engineering by RSA Engineering, Inc. and construction by Blazy Construction, Inc. Installation, replacement & upgrades to heating, control, ventilation, boiler, carpeting and painting. Exhibits and taxidermy items have been moved away from the immediate project construction area. Painting preparation, removal of old carpet and mechanical work is underway. Visitor's staff has moved to temporary offices for the remainder of the project. • Kenai Community Library Expansion Project - ECl/Hyer, Inc.'s 'concept plan' is being reviewed and commented n by City. • Kenai Court House Parking Expansion project is in final design by Wince-Corthell-Bryson. Bid documents are being prepared. • Arsenic Groundwater Study. Further drilling and evaluation of a well at NW corner of Spruce Street and 2ntl Avenue: completed drilling additional footage to existing well to 500 feet, screened and developed the well. Now conducting water quality testing and reporting with promising preliminary results. • South Ames Road and Basin View Drive LID. Nelson & Associates are working on design documents. • Cabin Relocation Proiect - City continues to work with the Historical Society regarding this project. Preliminary work is planned for the first three cabins to be moved. Other Public Works Activities • Separate bid documents for projects to replace all of the original wood casement windows and also the dry pipe sprinkler system at Vintage Pointe are drafted and undergoing review. • Extreme sustained low temperatures have strained City building heating systems and water & sewer systems. Building Maintenance workers & Water/Sewer workers have had their hands full. • Public Works Department is preparing our 13 FY2010 departmental budgets for Administration review. -231- rr1/afla e Lt/6$k a Past, C# witk a fidare rr 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor Porter and the Kenai City Council FROMC4.1. Cary R. Graves, City Attorney DATE: January 15, 2009 RE: Screening Standards to Review City Attorney Applicants The Council requested that I draft screening standards to review the applicants for the City Attorney position. As I envision it, I would review the applications and separate those who have met the standards and those who have not. Both groups would be sent to Council. The Council would begin the evaluation process on those who met the screening standards, with the understanding that the Council could overrule my determination and decide to consider an application that I screened out. I drafted the screening standards to be minimum qualifications, not to screen out all but the top applicants. Once the application pool is divided, evaluation criteria will need to be established. will present a draft of those evaluation criteria to Council later to review, and alter as Council deems appropriate. Once the Council evaluates and rates those applicants, it will decide who it wants to interview. Screening Review Standards. 1. Must be a member in good standing of the Alaska Bar Association or a member of a bar association with whom Alaska has reciprocity. 2. A minimum of five years in the active practice of law. 3. Trial experience; including jury trial experience (either civil or criminal). 4. Appellate practice experience (either civil or criminal). Rationale: Since this is a one lawyer office, the person selected must be fully licensed in Alaska by September 1, 2009 in order to adequately represent the City. Although I initially considered seven, five years experience is, I believe, the minimum a successful candidate should have to be -233- considered. Since the City Attorney is expected to do able to do trial and appellate work immediately after September 1, the successful applicant should already have the necessary experience in that area. It is my opinion that trial and appellate skills in civil and criminal law are sufficiently overlapping that experience in either area should be adequate to meet the minimum screening standards. -234- i M � INFORMATION ITEMS KENAI CITY COUNCIL MEETING JANUARY 21, 2009 1. 1/21/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. l/ 14/08 Kenai Fire Department Letter of Recognition/Engineer John Harris, Captain Mark Anderson and Captain Tony Prior. 3. 12/31/08 Planning & Zoning Reports: -- Summary of 2008 Code Enforcement Activity. -- 2008 Planning & Zoning Resolutions 4. 2009 Alaska Amended Gaming Permit Application -- Senior Connection, Inc. 5. 12/08 Alaska Business Article, Kenai, Seward, Homer, Soldotna -- Growing Bigger and Better in Every Way. 6. 1/20/09 Kenai Peninsula Borough Assembly Meeting Agenda. -236- r January 14"' 2008 To: Rick Koch City manager From: Chief Tilly Subject: Letter of recognition Rick, John Harris, current President of the Kenai Firefighter's Association, was approached by the BP! Conoco Phillips Fire Department and asked if he would provide an advanced self rescue class. This class is nationally recognized as R1T or Rapid Intervention Training. This physically and mentally demanding 4 day class teaches firefighters not only how to save themselves but to save other firefighters in the event of an emergency on the fire ground. The final results of this class are as rewarding as they are humbling to each firefighter. I have heard from many of the students that this was the best training they have ever received. Open invitations to both Nikiski Fire Department and CES were sent with good response. Working with the local training facility, instructors were able to simulate the worst of conditions that a firefighter might face and instruct them on how to save their own life. I would like to give special recognition to Engineer John Harris, Captain hark Anderson and Captain Tony Prior. These three individuals donated their time and expertise with the intent of passing along extremely vital skills and keeping less experience firefighters safe. Michael R. Tilly Fire Chief -237- 'Village witk a Past Gi witk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 II f f 1992 tl�e cciy u>r TO: Planning & Zoning Commission THRU: Marilyn Kebschull, Planning Administration FROM: Nancy Carver, Planning Assistant � DATE: December 31, 2008 SUBJECT: Summary of 2008 Code Enforcement Activity Planning & Zoning currently has four (4) active code cases: • An extension was granted on one (1) case. • One (1) case has gone to court. The City Attorney has granted the property owner a 2-week extension to apply for a Conditional Use Permit. • Two (2) cases have been forwarded to the Kenai Police Department for enforcement. Along with the above code cases, administration is working with eight (8) individual property owners to eliminate violations without taking formal action. The City budgets for the removal of junk vehicles. During 2008, the City removed twenty-eight (28) junk vehicles for a total cost of $4,070. Attached is a summary of Code Enforcement activity for 2008. -238- Code Enforcement 2008 Violations outstanding pre 2008 12 Code violations received in 2008 49 Code cases closed in 2008 57 Citations issued 2 Repeat offenders in 2008 17 Violations still outstanding 12/31/08 4 Junk Vehicles Violations 10 Junk Vehicle & Debris Violations 10 Junk Vehicle & Garbage Violations 2 Debris Violations 14 Debris & Garbage Violations 4 Garbage Violations 2 Other Violations 6 Building Violations 1 TOTALS: 49 ' -239- lie • iS i ! ! . ! ! EG ku 14 12 10 8 8 4 w 0 0 QQeac e aGJQ c ��G y�. tFfi ¢ � �c cla`aa QMop �� g�< y�'Gy G°fi Pfia Pam@ R6 ne.10P Ja Go lei icy �i3 PZ Resolutionsfor the Year 2008 TYPE OF PERMIT Resolution # TYPE MEE77NGDATE ACTION Amend Comp Plan Amend CUP Amend KMC Conditional Use Permit Encroachment Permit 200815 Zoning & Land Use 4/9/2008 Approved 200814 Guide Service adding Lodging 3/26/2008 Approved 200822 Modify legal description 5/14/2008 Approved 200805 14.20.160, 161 & 170-Horizontal Regime 2/13/2008 Approved Act 200806 14.25 Landscape/Site Plan 2/2712008 Approved 200810 14.20.200 Accessory Structures 3/12/2008 Approved 200811 14.20,200 Accessory Structures (connex) 2127/200B Approved 200839 Accessory Sructures 14.20,200 7/9/2008 Approved 200847 14.20.180 Variance-9 mo moratorium 8127/2008 Approved 200832 Lawn Care & Hydoseeding Business 6111/2008 Approved 200841 Large Assembly - Fair 1018/2008 Approved 200849 Professional Office 9/10/2008 Approved 200853 Restaurant/Catering 10/22/2008 Approved 200840 15' Rear Setback 8/13/2008 Approved 200851 Side Yard-5' 9/2412008 Approved Friday, January 62, 2009 Page I of 4 -241- TYPEOFPERMIT Resolution # TYPE MEETINGDATE ACTION Home Occupation Permit 200802 Daycare 1/23/2008 Approved 200856 Revocation of HOP PZ02-63 11/12/2008 Approved Landscape/Sate Plan 200803 Lowe's 1/21t2008 Approved 200804 Wal-Mart 112512008 Approved 200807 GLM 1/25/2008 Approved 200812 Arctic Bamabas Ministries 2/29/2008 Approved 200820 Taylor'd Image 4/15/2008 Approved 200829 Urea Building 5/16/2008 Approved 200830 Fed Ex Building 5/29/2008 Approved 200833 Kenai Public Safety Garage 6/212008 Approved 200837 City of Kenai A.F.S.S. Building 6/10/2008 Approved 200844 King's Inn Hotel -Change of Use 8/4/2008 Approved 200845 GLM 8113/2008 Approved 200848 ALLOR LLC 8/27/2008 Approved Friday, January 02, 2009 Page 2 of -242- TYPE OF PERMIT Resolution # TYPE MEETINGDATE ACTION Preliminary Plat 200801 Sprucewood Glen SO 2008 Rapist 1/912008 Approved 200808 Thompson Park SO - Wagoner Addition 2/132008 Approved 200809 Thompson Park SO - Eagles Replat 2/13/2008 Approved 200816 Seaman SO - 2008 Rapist 3/262008 Approved 200818 Buffalo Run 2008 Replat 4/23/2008 Approved 200823 Highlands SO - Highland Pride Park 5/14/2008 Approved 200824 Fidalgo Comm. Municpal Square 5/14/2008 Approved 200825 Redoubt Terrace - Everson Replat 5/14/2008 Approved 200827 FED SD Fed Ex Addn 5/14/2008 Approved 200628 Kenai Fellowship Church 5/2812008 Approved 200846 Rogers SO 8/27/2008 Approved 200850 Day SD -Mulholland Addn. 9/10/2008 Approved 200854 Killen Estates Collier Replat 10/22/2008 Approved 200855 R.M. Thompson Friendship Mission Reptat 10/222008 Approved 200858 Kenai Municipal Airport Float Plane Basin 11/122008 Approved Replat 200859 Thompson Park Bergholtz Replat #2 12/10/2008 Approved Friday, January 02, 2009 Page 3 of 4 -243- TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Rezone 200813 Airport Lands C & RR to IL 3112/2008 Approved 200819 RR, RS & C to RR 4/23/2008 Approved 200834 C to It 6/25/2008 Approved 200835 C to IL 6/25/2008 Approved 200838 RS to RR 6/25/2008 Approved 200852 RRt to LC 11/12/2009 Failed 200857 C to CG 11/12/2008 Approved 200860 RR to RS 12/10/2008 Approved 200862 C & RR to IL 12/10/2008 Approved Transfer Conditional Use Perrnit 200821 Townhouses to Cando 02-61 5/14/2008 Approved 200861 Coffee House 12110/2008 Approved TWDevelop/nent 200843 Relocation of Historical Cabins 8/13/2008 Approved Variance 200817 Off -Premise Sign 4/23/2008 Approved 200826 Height Restriction 5/14/2008 Failed 200831 1TRear Setback 6/11/2008 Approved 200836 Height Restriction 6t2512008 Failed 200842 Additional free standing sign 8/13/2008 Approved Friday, .fanuary 02, 2009 Page 4 of 4 -244- 2009 Alaska Amended Gaming Permit Application i,eiarunnoronly darevan�„-- With the exception of the FIN, gaming permit number Ind the mg mizaton nar c, Corn fete only the S Z6A information rha; has changed from Information submi ied on the original apulicannr fortilis permit year Organization Information - --- --- rnieral{1N Org ruzarainzmc -- --------- -L �� _ �_. //J C' 2cj_ 2-8 3 '...x' Z cadree 1"ailing s;s.— Entity type i:iteck onef{Organtz_a[ion type ldimlk _one(o1 tan—anaAK 5G r/ AC160— — ` ❑ Hal _'""-� ❑Par-;; >I ,y ❑ Vic a ,eit n. �ralice orrxea,a,nprvt I - 0taoor I ecn 0 9 ui'olirtGn - nvt hs a m(imvn - ❑mintipalhy ❑RNigious CJ taut I;o,al ❑ u+rn ata.,t vaae asuciaocn �Vclern ❑F,_inq derby aseA ion ❑o b+tlmulo daxuticn ❑IPA/Natvr tlagr, 'Yes Noes t•re organsairm rave D Wmo,E nunbnr, WrO are. Alskjr ies'Cr"TSastlr'ner "I YJ IF 0 11 CPK clr.oi,o(a,o-m ur mraws- Members in Charge of Games —------------ Members sn charge must! be naturar persons and aciive member, roi the erganiza on or employees of itic municipatily, and designated by the organization, Meaben; in enarye �I be licensFl as rn eperat ,f be a vendor or an ernp(n,ee of a Vendor it¢ Iha organiza:ii,n if "'ore roar not: alternate, allach a ser;nrae sneer. in ry,�ern6ei figa�me A^tl(' r..;mor_- ���� ! J `�T 1. .:a.. ,.r G• zirtii'.... —���' in �.fnnAlL ni Ham;—._�—...- ioitdl numt�r �A"ni �isnnr,,tiel is 72zv — AK 'I iI Inc r01IDy,0e'll ,E'>,{, dihC'lesi PPS UIYn PC(rilf6pF jr&'NN (Il f4l wa'Arn f(fppnP JJiS'K;eNNIE — ,V 73 _ __ �ti:A+ ilus,healmmare narrnhe, pangd the pst'7 �IYcs C�No (Pa°nit mdei whirl, last. wutaien I ❑htld LNteu�. Itt°r,rre aa,e uR:hzngr _ 0l 09 G I • o �' 0 n Hari ❑Mere Legal Questions ------- - L— s lese cues(lons must be arsvrered. If yam anSwer Yes to either nuestion, see inztrucJons. ❑ti<s A+m hasrrwqsent,t p! manaoemcn or any pct uo nF ,> resp ms,bk rr natal ,o at w s cve: Aec rut vinetl o; a Ix: n r: ^xlurtlon., a v oiar{on x a hw o a,narce of r' n stbie. o Moe ru i d lion, III i s Umt invole t ti inch ;is^, Its i� l irtiat n ugmror ,ij is u Otr Ivc , .am mu, .iar e mar an c•on, n etv i. bl an a u n ar coin' '..a r(a n rtVrr r r , r r n t u (p10 rlira rTt rlrt t tlA, lrr 1Ig9r Ir, 'r r 7ntaur yte Ic I / rn. (r or yuu rr,eN -,purr lr ll H44..ti w7r Ir n r,.rnnYm 'r rr 0/'J. r, br ar 2z,ir0 r rY.." 4, rWr -:r ar uh nAzlfvr+rrer y mnraon, �,hne tar r�r^methwen ro.,r.o,rr ',nl ..,r.e.9e„r,a<r.Jrr_crh+w.he t Nnear h:m,be hirCoal na��• name ^nail c Alaska Department oisionf Revenue -Tax Div'--�'—'—-------- ---- One (opy of the application must be sent to the nearest municipality and borough. PO taor i(1q)'u• orrmt Ah'iHl' 01 U )M• nSr 1i4190$ `0; PII y 11 jj/''imClt±fi. 'hOn 23L Fie 10?)4,;5 3t;9E zn;rsl'a9ov/Jaminy $26A Retain a mpy for your records Fnr nt '. rq.l wr lc ,g iy;(kW.paGel -245- The core communities along the Kenai Peninsula -Homer, Kenai, Soldotna and Seward -represent a stretch of Alaska that is known world- wide for both recreational opportunities and economic clout benefiting their individual towns and the entire state. Fishing, tourism, oil, transportation, construction, retail, mining, govern- ment and the arts keep these commu- nities pulsing, while at the same time, each works to maintain its unique and always quirky small-town charm. Like four sisters, each is different, but love- able in their own way. Together, the four towns define a region unlike any place else in the world. SEWARD According to the Seward Chamber of Commerce, Conference and Visitors Bu- reau, "Alaska starts here.° While it is not the only community in Alaska that lays claim to that slogan, if this jewel of the Aerial view of downtown Seward, Alaska. By HEIBI BOHI Kenai Peninsula continues to invest in its community and economic potential with the same level of commitment it does today, soon it can say "Alaska is here." Also ]mown as the "Gateway to Kenai Fjords National Park," one of Seward's leading industries remains tourism. Locatedjust 126 miles south of Anchorage off the Seward High- way - one of 12 Alaska Scenic Byways - visitors can easily reach the com- munity by rail, bus, air or cruise ship. In addition to courting independent international and domestic travelers and group tours, the chamber also is increasing efforts to attract the profes- sional meeting and small convention market, hoping to attract events such as annual conferences, weddings and board meetings for groups ranging between 100 and 500 attendees. To a. large extent, says Lava. Cloward, the chamber's executive director, developing this market is contingent on completing the new Mary Lowell Center, a multi -agency facility down- town. Originally set to open in 2010, the project -a partnership between the U.S. Park Service, the U.S. Forest Service and the City of Seward - is awaiting funding thatis dependenton federal ap- propria ons. The cost is estimated to be g 14 million to $17 million and construc- tion will take about two years. "The center will re -energize down- town, encouraging more growth and. development, prompting renovation and revitalization of land and properties that currently sit dormant, but have great potential," Cloward says. The project also includes amulti-agency visitor cen- ter that would replace the current Park Service and Forest Service facilities. Besides the tourism, and meetingmar- kets, Cloward says Chamber priorities include promoting the Seward harbor as the northernmost: ice -free port in Alaska and a viable alternative to Anchorage; ivw mw akhizmag. oom • Alaska TKMWP.qs 14'1{49P thfy ^ December 2008 encouraging long-term planners to con- sider the community's transportation (road, rail and marine') infrastructure when planning future projects; support- ing growth of its educational institutions that include the Alaska tiocrtional Tech- n cal Institute, University of Alaska. Fair- banks Seward Marine.Center, Kenai Peninsula Community College and Resurrection Bay Extension Site; and, advocating local policies that support the growth of small businesses. ".Alaska starts here" reflects both the visitor induary's and the chamber's belief that anything an individual wants to do in Alaska ctm be found in the Seward area. Seward is the seventh most -lucrative fisheries port in the United Stages. In 2004, almost $50 million worth of fish and shellfish passed through this town of 3,106 residents, according to the Na- tional Marine Fisheries Service. A major addition to the boat harbor completed last year will continue to facilitate that industry and encourage other businesses to move to Seward or expand existing operations, along with allowing the harbor to handle more pri- vate and commercial traffic, such as coal exporting, whist, will more than double in the next year, says Seward Mayor Clark Corbridge, He adds that the only limitation is how quickly the city can complete the expansion phases, A $1.5 million water -storage tank also will be built so the city can accommodate cruise ships' water needs without com- promising the city's fire -fighting abilities. The Providence Wesley Care Center, a long-term care hospital for seniors and disabled patients, is building a new facil- ity to be completed within a. year. It will serve 30 residents and offer 20 jobs to are community. Spring Creek Correc- tional Facility, the maximum security, State -operated adult prison and one of the largest local employers, will double in size. The $20 million expansion, which will house less -serious offenders; will create 20-40 jobs and is expected to be complete within three yearns. Although still m the planning stages, Corbridge says, the Jesse Lee Home, the orphanage that closed after the 1964 Good Friday Earthquake and child- hood home to Alaska Flag designer Benny Benson, is also working with the city to raise funds to preserve the ivavov, pJrbaarna,�. a Luxury beachfront condos under construction of the end of the Homei Spit point to changing demographics in Homer. historical building, which will eventu- is tourism, logging and all sectors of ally be turned into a residential leader- government that employ most of the ship school for Alaska. Native youth. He locals. An increasingly active and grow - expects some of the construction to be ing arts and music scene, as well as sole complete by this summer. proprietors and entrepreneurial ven- tures are adding to the economy and HOMER quality of life. Other major employers Once a sleepy community at the end of include the South Peninsula .Hospital, the road, today Homer is faced with the Homer Electric Association and several opportunities and challenges that come service industries, with unavoidable growth, while at the Although the average age is 36, atlhe same time wantingto preserve the furiky, same time, Day says, Homer is emerg- character and breathtaking scenery that ing as a retirement community where continues to attract new residents and seniors are using disposable income to more than 150,000 visitorsayear. Homer purchase second homes and start busi- is ranked by National Geographic Ad- nesses. Still, one of the city's top missions venture Magazine and Men's journal is to give the community's futuregenera- as one of the most -livable and romantic lions a reason to stay in. Homer. communities in the country. As the population continues to "Homer has been discovered," Tina steadily increase - today 5,800 people Day, executive director of the Homer live there year-round - the city and Chamber of Commerce, says of the town Kenai Peninsula Borough continue to that is now trying to figure out "how big invest in the infrastructure needed to we want to be and how we want to get support the town and the outer -lying there" by focusing on three priorities: area that includes another 4,000 people controlling growth, maintaining the who rely on city services, uniqueness of the community and de- Walt Wrede, Homer city manager, fining the central business district says that while rising costs of fuel, Known as the "halibut fishing capital power, materials and goods and ser- of the world" in both commercial and vices, and a weak economy are cut - sport -fishing markets, in 2006 fishing ting into revenues, the community, contributed almost $206 million to is in a fiscally sound and stable posi- Homer and 51,000 recreational anglers tion. An example is the completion of fished the surrounding waters indepen- a 16,000-square-foot library that has dendy or with professional guides. Be- won awards for its architecture and. sides sport and commercial fishing, it environmental building standards. It W H)ww.akbizmag.eorn • Alasi4m2Mhiess montmy - also adopted a climate action plan to End ways to reduce greenhouse gas emissions - particularly in municipal operations - and consume less energy and find alternative sources such as tidal power from Kachemak Bay. The city made significant progress on completing its draft comprehensive plan, expected to be approved by the Kenai Peninsula Borough Assembly in 2009. Land use decisions, planning, economic diversification and develop- ment are addressed in the document. "How do you balance the need for a vibrant economy and jabs, while maintaining the fabric of what Homer is about, and protecting the environ- ment," Wrede says of the questions the plan will address. The City Halt -Town Square Project, designed to be a "civic anchor" and stimulate business development in the downtown core, was moved to the back burner when a ballot measure asking locals to approve an $8 million bond for funding the project failed. In the mean- time, Wrede saps, while the city looks for other sources of funding, the contractor has been selected, design is under way and public input has been solicited Design of an $11.5 million new wa- ter treatment plant was completed in 2007 and construction will take place in 2008, providing a state-of-the-art treat- ment systemthat meets m ore-st'iingent EPA drinking water standards and will put off the need for the city to find an additional water source for meeting an- ticipated demand and growth in Homer and beyond city limits. One of the biggest economic de- velopment projects is the $20 million deep -water dock expansion that would allow it to accommodate heavy cranes and. SeaLand and TOTE ships, provid- ing an alternate, less -expensive freight route than the one that delivers goods through Anchorage. Currently, the city is working with the Alaska Department of Transportation and Public Facilities on a scoping and feasibility study. Related to the dock expansion is the three-year feasibility study that is being developed to look into the economics of expanding the East Boat Harbor. Homer has the largest single boat basin in the state, Wrede says, but there is a long waiting list for slips and riot enough space to accommodate commercial and De> emhcr 2008 u Oily es way west same visnors are me ones responsible for more than dou- bling the population during the peak summer season. "That's okay," says Michelle Glaves of the Greater Soldotna Chamber of �) Commerce, ofthejab."Itmaybeslower than Anchorage, but that's why we live here." And for those who think for one moment that "slow" means larking en- ergy, she encourages them to stop by the chamber or visitor's office - she'll. Ishow them exactly what slow is not, she says laughing. Soldotna is one of the few places in j the country where the epic saga of West- ern expansion, homesteading, land - clearing, road -building, civic growth and development have occurred within the lifetime of most long-term residents. Soldona was settled by homesteaders after World War II when the federal government allowed Veterans a 90-day preference for claiming property. In 1947, the SterlingHighway right of way was cleared of trees from Cooper Land- ing to Kenai, and Soldotna was selected as the site for the bridge crossing the Kenai River, linking the area to the outside world. Oil was discovered in the Swanson River region in 1957, bring- ing some new economic development to the area. Since being incorporated as a city in 1960, the population has grown slowly from 332 to the current population of 41087. In addition to being the seat of the Kenai Peninsula Borough, it has been voted the No. 1 fishing hot spot in North America, drawing anglers who come to fish for record -breaking king, red, silver and pink salmon, and world -class trout. It still holds the record for the largest king salmon in the state, weighing in at 97 pounds and 4 ounces. Soldotna has 11 city parks along the ivvvw, akbizmag. c Kenai was named an All American City in 1992. river - more than anywhere in Alaska - 220 campsites and 3,700 feet of elevated fishing boardwalk along the Kenai River. Expansion of the SoldotnaCreek Park by 10 acres is currently in design, in addition to general beautification improvements that would include add- ing 1,000 feet of boardwalk, a children's playground, a veterans memorial area and a community meeting center. During its peak growth years in the 1970s and 1980s, Soldotna was estab- lished as an important administrative hub for the Central Kenai Peninsula, the service and administrative center f'or the Kenai Peninsula Borough and School District, the site for Central Pen- insula General Hospital, the Kenai Pen- insula College, the Alaska State Trooper Headquarters and the Kenai National Wildlife Refuge. Until recently, Soldotna was the hub retail district for adjacent communities, but Kenai continues to attract more and more big box retailers, Glaves says. Looking ahead, the city has cut the budget as a precautionary measure, anticipating a substantial decrease in tax revenues. The city also is in the beginning stages of developing a com- prehensive plan to figure out how to increase economic development op- portunities, including those related to the tourism industry. "It's a drive -through town," Glaves says of the discussion to make Soldoma more welco u ung to visitors. "There is 1171 • Alask-ZGtness Monthly she says. "We maintain a quality of life that is diverse with oil, tourism and fish- ing - so it's something different every day, but we still have a small-town feel." Kum The City of Kenai is the center of the oil and gas industry, providing services and supplies for Cook Inlet's oil and natural gas drilling and exploration. Tesoro Alaska's oil refining operations and Unocal" area plant are located in North Kenai and are among the larg- est employers in the area along with Peak Oilfield Services and Marathon Oil Co., one of the largest natural gas producers in the Cook Inlet Region. In south Cook Inlet, Pioneer Natural Resources is pursuing an opportunity to develop the Cosmopolitan field offshore Kenai Peninsula, which was di"-overed m„`e Iran 30 }rears ago. The company participated in a 3-D seismic survey in 2005 and recently drilled a horizontal appraisal well, ac- cessing the reservoir from a drilling pad onshore, and has begun extensive test- ing to evaluate the field's commercial potential. The initial unstimulated well test results are encouraging, according to Pioneer, indicating incremental pro- duction potential from a second zone ranging from 400 to 500 barrels of oil per day. The company also plans to begin permitting activities and continue facilities planning during 2008 for a potential future development of the project, and to drill another appraisal well in 2009. "For us, oil means a more stable economy and a more diverse economy along with fishing and tourism," Kenai Mayor Pat Porter says. Although the city has a year-round population of 7,464, within a three-week period during the summer, the town December 2008 With grant funds from the federal EDA and other sources, the Kachemak Shellfish Growers Cooperative is completing a 7.000-square-foot facility on the Homer Spit. Some of the space will be available for lease to other businesses. swells to more than 80,000 as Alaskans flock from all over the state to participate in the dip -net fishery. The fishery allows each head of household to catch 25 fish and families are allotted an additional 10 fish per family member. Although retail contributed to the lo- cal economy in the past, when K-Mart stores pulled out of Alaska about four years ago, Porter says, "We were stag- nant. K-M.art left a very large void for retail sales." Since then, Home Depot purchased and renovated the vacant 147,000-square-foot building, adding 100 new jobs and the missing retail presence back to Kenai and the Penin- sula and started what would be the be- ginning of a "gang busters" turnaround in this industry. Construction started in April and when the doors open it will employ 200 people from the area. At the same time, a 141,000-square- foot Lowe's Home Improvement store, which will employ 100, was constructed on the Spur Highway and opened be- fore Thanksgiving. Wal-Mart Stores began construction of a 211,000-square- foot "superstore" in August and will open the doors in fall 2009, employing about 350 people. These retail giants "are buying into the future," she says. "Two years ago, if you asked resi- dents what their biggest concern was they would have said economic develop- ment," Porter says. "With the presence of these stores, the concern has now shifted to the basics like water and sewer im- provements and expansions." Although new economic develop- ment from this injection of new retail www. okbi--mug, c is what locals in Kenai and on the Central Peninsula are talking about lately, Porter says tourism continues to be a significant industry as in- state and out-of- state visitors come here for sport fish- ing, clam digging, hiking, wildlife viewing, the Ke- nai Challenger Learning Center and Kenai Land- ing, a waterfront resort community that is a restored cannery and includes a restaurant, lodging, boat launch, theater, outdoor pavilion, waterfront promenade and docking facilities, and an indoor warehouse market featuring shops with local crafts, clothing, arts and food. Other important economic sectors include subsistence and commercial fishing, fish processing, timber and lumber, agriculture, transportation services and construction. Recent local improvements include the Alaska State Court House expan- sion, which is 12,000 square feet, and the Kenai Sports Complex, with four new soccer fields — and three more planned — and three baseball fields. The $350,000 facility will be used for local and regional competitions, includ- ing the 2009 state soccer tournament this summer. The Aspen Extended Stay Suites in Kenai, a. 70-room hotel, was also completed in April. The floatplane basin taxi water- way was expanded to 4,600 feet long and 250 feet wide. And the munici- pal park underwent upgrades that include landscaping, picnic tables, barbecue pits and improving access. Kalifonsky Beach Road was recently upgraded, and the increased traffic coming from the new retail outlets in the center of the commercial dis- trict, five miles of the Kenai Spur Highway needs to be expanded to four lanes between Kenai and Sol- doma, Porter says, though that im- provement is currently contingent on State 'funding. ❑ on? • Alaska Bus il3onthly ENERGY SYE The World Leader in Used -Oil Heating Systems, rV box U Nenana, AK 99760 • December 2008 In Kenai Peninsula Borough AssZ en January 20, 2009 - 7:00 PM Regular Meeting Borough Assembly Chambers, Soldoma, Alaska A. CALL TO ORDER illi Martin B. PLEDGE OF ALLEGIANCE rsembly President _ oat 9-South Peninsula C. INVOCATION ;rm Expires 2009 etc Sprague D. ROLL CALL rsembly Vice President _ >at 4 - Soldotna ;rm Expires 2010 E., COMMITTEE REPORT'S aul Fischer F. APPROVAL OF AGENDA AND CONSENT AGENDA rsembly Member (All items listed with an asterisk (*) are considered to be routine and non -controversial by the gat 7 - Central Assembly and will be approved by one motion: There will be no separate discussion of these erm Expires 2010 items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) ,ary Knepp ssemblyMember - sat 1 - Kaliforneky G. APPROVAL OF MINUTES " arm Expires 2009 - ng *i. January 6,.2009 Regular Assembly Meeting Minutes .......... I a—mbly Member eat 6 - East Peninsula H. - - COMMENDING RESOLUTIONS AND PROCLAMATIONS 'arm Expires 2009 I. PRESENTATIONS WITII PRIOR NOTICE (20 minutes total) 'harlie Pierce .seembly Member - - 'eats-Sterling/FunmRiver J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE erm Expires 2011 AGENDA (3 minutes per speaker, 20 minutes aggregate) lal Smalley issembly Member K REPORTS OF COMMISSIONS AND COUNCILS . Teat 2 - Kenai "erm Expires 2011 L. - - MAYOR'S REPORT ....................... , .'.............. 14 3t11 Smith 4ssembly Member 1. Agreements and Contracts feat 8 - Homer lerm Expires 2011 a. Approval of Contract with First American Title / Sorry superman Seward for Limited Liability Reports ............... 15 4ssembly Member seat s - piires ppsk b. Approval of Contract with First American Title / Term Expire2010 Homer for Limited Liability Reports ................ 16 C. Approval of Contract with First American Title / Kenai for Limited Liability Reports ................. 17 January 20, 2009 -- Page I of 5 -251- 2. Other a, Budget Revisions - December, 2008 ....................... . .... 18 b. Revenue Expenditure Report - December, 2008 ... . ............... 21 c. FY2010 Budget Memorandum ................................ 24 d. Mayor's Weekly Report 410 and #11 ........................... 26 NL ITEMS NOT COMPLETED FROM PRIOR AGENDA - None N. PUBLIC HEARINGS ON ORDINANCES (Testimony limitedto 3 minutes per speaker) 1. Ordinance 200849-40: Appropriating $642,564 from the Central Kenai Peninsula Hospital Service Area for Replacement of the River Pavilion Heating and Hot Water System at Central. Peninsula Hospital (Mayor) (Referred to Finance Committee) ......... ........................ 28 O. UNFINISHED BUSINESS 1. Postponed Items a. Resolution 2009-002: Deleting the Economic Analyst and the Grants Manager and Adding a Community and Fiscal Projects Manager in the Mayor's Department (Mayor) (Referred to Policies and Procedures Committee) : ..................................... 44 P. NEW BUSINESS 1. Resolutions *a. Resolution 2009-005: Establishing an Assembly Task Force to Examine Possible Solutions Regarding Flood Plain Issues for the Seward -Bear Creek Flood Service Area (Long) (Referred to Policies and Procedures Committee) ................................... 48 *b. Resolution 2009-006: Establishing Federal Legislative and Funding Priorities for the Year 2009 (Fiscal Year 2010) (Legislative Committee) (Referred to Legislative Committee) .................. 50 *c. Resolution 2009-007: Proceeding with the Cardwell Subdivision Utility Special Assessment District for a Natural Gas Main Line (Mayor) (Referred to Finance Committee) ....................... 52 January 20, 2009 Page 2 of 5 -252- *d. Resolution 2009-008: Presenting Late -Filed Senior Citizen Exemption Applications Filed after March 31, 2008, for Acceptance or Denial (Mayor) (Referred to Finance Committee) ............ 57 *e. Resolution 2009-009: Supporting of the Seward Community Library / Museum Project and Requesting the State of Alaska Determine the Project to be Eligible Under AS 14.56 from Senate Bill 119 (Long) (Referred to Legislative Committee) ............................ 90 *f Resolution 2009-010: Supporting the Addition of Certain Lands to the Upper Kenai River Special Management Area (Martin., Long, Mayor) (Referred to Legislative Committee) ...................... 92 2. Ordinances *a. Ordinance 2008-19-41: Establishing an Administrative Assistant at the Kachemak Emergency Service Area and Appropriating $18,500 to Fund the Position (Mayor) (Hearing on 02/17/09) (Referred to Finance Committee) ................ I........................95 *b. Ordinance 2009-04: Amending KPB Chapter 20.20, Subdivision Design Requirements, to Require a Minimum Width of 60 Feet for Platted Lots (Martin) (Hearing on 02/17/09) (Referred to Lands Committee) ...... ....:................................... 100 3. Other *a. Request for Forman Assembly Objection to the Continuance of the Fouow-ing Liquor License Due to unpaid Taxes (Refenmd to Finance Committee) ............ ..... :.:..................:.....103 Business Name License -Location Yoly's Bistro Seward, Alaska Kenai Landing Kenai, Alaska Alaskalanes Kenai, Alaska Starvin' Marvin's Homer, Alaska Gwin's Lodge Kenai Peninsula Borough Bing's Brown Kenai Peninsula Borough: Decanter Inn Kenai Peninsula Borough O. PUBLIC CONIliRL+NTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) January 20, 2009 -253- Page 3 of 5 Q S. T. U. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS February 3, 2009 Regular Assembly Meeting 7:00 PM Soldomat ASSEMBLY COMMENTS PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance 200849-23: Appropriating $550,000 from the Nikiski Fire Service Area Capital Project Fund for Purchase of a New Type A Fire Engine (Mayor) (Referred to Finance Committee) Tabled 11118108 2. Ordinance 2008-19-37: Appropriating $219,500.29 to the Special Assessment Fund for the South Kalifonasky Beach Road Natural Gras Line Utility Special Assessment District (Mayor) (Hearing on 03/03/09) (Referred to Finance Committee) 3. Ordinance 2008-19-39: Authorizing the Acquisition of Lot 12, K-B Subdivision Part 4, KRD 85-34, for Expansion of the Poppy Lane Borough Maintenance Yard and Appropriating Funds for the Acquisition (Mayor) (Hearing on 02/03/09) (Referred to Finance Committee) 4. Ordinance 2008-34: Authorizing the Repeal of an Educational Use Deed Restriction with Reversionary Rights on a PareeI of Land in the City of Seward that was Deeded to the State of Alaska by the Kenai Peninsula Borough (Mayor) (Hearing on 02/03/09) (Referred to Lands Committee) S. Ordinance 2009-01: Amending KPB 5.12.050 and 5.12.055 Regarding Board ofEqualization Procedures and Eliminating the Sunset Date of the Appointed Board of Equalization (Mayor) (Hearing on 02/03/09) (Referred to Policies and Procedures Committee) 6, Ordinance 2009-02: Authorizing a Five -Year Extension of the Option to Lease Ladd Landing Between the Kenai Peninsula Borough and PacRim Coal, LP (Mayor) (Hearings on 02/03/09 and 02/17/09) (Referred to Lands Committee) 7. Ordinance 2009-03: Amending KPB Chapter 5.35, Special Assessments -Public Utilities, to Redefine Benefitted Parcels to Include Those Whose Owners Approve the Assessment District and Intend to Connect to the Main Utility Line (Superman, Knopp)'(Hearing on 02/03/09) (Referred to Policies and Procedures Committee) INFORMATIONAL MATERIALS AND REPORTS January 20, 2009 - Page 4 of 5 -254- V. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on February 3, 2009, at 7:00 P.M. in the Borough Assembly Chambers, Soldoma, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), Y201AO-FM 88. ] (East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further Information, please call the Clerk's Offace at 714-2160 or toll free within the Borough at 1-800- 478-4441, Est, 2160. Visit our website at www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions. January 20, 2009 Page 5 of 5 -255- CITY OF KENAI NOTICE OF PUBLIC HEARING JANUARY 21, 2009 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 January 21, 2009. 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. Ordinance No. 2347-2008, Substitute A -- 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. b. Ordinance No. 2347-2008, Substitute B -- 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 1.1.5.040 Entitled, Agenda and Packet - Development -Preparation - Distribution -Publication -Late Materials. 2. Ordinance No. 2373-2009 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 9-13 Block 12, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-102-23 Through 039-102-27), to Habitat for Humanity for Construction of Housing. 3. Ordinance No. 2374-2009 -- Increasing Estimated Revenues and Appropriations by $130,000 in the Congregate Housing Enterprise Fund and the Congregate Housing Capital Project Fund for Replacement of the Dry Pipe Sprinkler System at the City's Vintage Pointe Manor Congregate Housing Facility. 4. Resolution No. 2008-68 - Approving the Financial Disclosure Statement Form for City of Kenai Municipal Officers and Candidates Pursuant to KMC 1.85. 5. Continuation of Liquor Licenses -- PROTESTS • Amy Bowen, d/b/a One Stop Liquor • Alaskalanes, Inc., d/b/a Alaskalanes Bowling Center o Kenai Landing Inc, d/b/a Kenai Landing 6. *Approval of Liquor License Renewals Peninsula Moose Lodge #1942 BPO Elks Lodge #2425 The Rainbow Bar Kenai Golf Course Peninsula Oilers 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 tliv gr4inaribes are available in the Office of the Kenai City Clerk and will be available at the�iii t 1,144p public review. Please be advised, subject to Legal jimitatiohs; ©`xdinances may be amended by the Col�ricil �prior to adoption without further publid notice. Carol L. Freas, Kenai City Clerk S .. Posted: January 16, 2009� ,, COUNCIL MEETING OF: M S V JOHNSON PORTER SMALLEY MOORE ELDRIDGE ROSS MOLLOY BOYLE SMALLEY M S V J HNSON PORTER SMALLEY MOORE U ELDRIDGE ROSS Ig MOLLOY rN BOYLE Page of 'IF ELDRIDGE ROSS MOLLOY__ BOYLE 10 Y*lulp/ �F2r�oog� M S V JOHNSON 41 PORTER SMALLEY f MOORE ELDRIDGE ROSS / MOLLOY BOYLE ! ELDRIDGE • MOLLO-_® :• �� COUNCIL MEETING OF: •16*03 0 MOORE ELDRIDGE ROSS MOLLOY IJ 7�/- l� M S V JOHNSON PORTER SMALLEY MOORE ELDRIDGE ROSS MOLLOY BOYLE G G s�� M S V JO NSON PORTER -- SMALLEY MOORE ELDRIDGE U / ROSS MOLLOY BOYLE M i S V SMALLEY MOORE ELDRIDGE ROSS MOLLOY I I M I s i V i I=9I7IZ .'V. TESTIMONY SIGN -IN SHEET wee", NAME ORGANIZATION RESIDENCE ADDRESS/ PHONE NUMBER IF CITY RESIDENT Trr, 'r 1�lef. 117117 )zq 14� 70V Aqo+c,)(- 7(,Jet Olt'? M (;Jcu-d t: VP3 brr I TESTIMONY SIGN -IN SHEET NAME ORGANIZATION RESIDENCE ADDRESS/ PHONE NUMBER IF RESIDENT Uo �53 \li NAME ORGANIZATION RESIDENCE ADDRESS/ PHONE NUMBER IF ,CITY RESIDENT COUNCIL MEETING DATE: Ma or/Council Attorne Ta for/Flo d Clerk CiIX Mana er Kebschull/Carver Police De artment Senior Center ® Finance Air ort ® Ole Kim o Ole Library (2) Parks & Recreation 4o' Clarion O Fire Department ® Schmidt #01 Mellish 40 Student Re . KSRM AGENDA DISTRIBUTION Sewer Treatment Plant Streets Shoe Dock Buildin2 Maintenance Animal Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place 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. i J