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HomeMy WebLinkAbout2009-02-04 Council PacketAGENDA KENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 4, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 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) 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.) 1. Ordinance No. 2375-2009 -- Amending KMC 23.50.010(c) Changing the Range that POliC^c Tra ileeS are Paid tJvli e at uie POiice Acaderny in Sitka from a Range 2 to a Range 2, Step F.................................................................................... 2. Ordinance No. 2376-2009 -- Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund Fire Department for a State C"- + 3. 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 .............................. 4. Ordinance No. 2378-2009 -- Increasing Estimated Revenues and Appropriations by $5,417 in the General Fund for State Traffic Grant Overtime Expenditures................................................................................................. 5. 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 ............................... 3 6. 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 .................................. 12 7. Resolution No. 2009-02 -- Authorizing the City to Enter Into an Agency Fund Agreement with the Kenai Community Foundation ........................................... 14 8. TRANSFER OF LIQUOR LICENSE --From Amy Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474............... 18 ITEM F: MINUTES 1. *Regular Meeting of January 21, 2009............................................................. 23 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Ratification of Bills......................................................................................... 45 2. Approval of Purchase Orders Exceeding$15,000.............................................. 46 3. *Ordinance No. 2381-2009 -- Amending the Development Requirements Table in KMC 14.24,020 to Provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed UseZones(CMU)............................................................................................ 47 ITEM I: 1. Council on Aging............................................................................................ 2. Airport Commission........................................................................................ 3. Harbor Commission....................................................................................... 4. Library Commission....................................................................................... 5. Parks & Recreation Commission.................................................................... . 6. Planning 8a 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: 1. City Manager................................................................................................. 51 52 59 60 65 2. City Attorney.................................................................................................. 3. City Clerk...................................................................................................... ITEM L: Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) 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). 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 farther consideration of a salary increase during the budget FY10 budget process.) 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, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codify.) EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT INFORMATION ITEMS FEBRUARY 4, 2009 Page No. 2/4/2009 Purchase Orders Between $2,500 and $15,000 for council review...... 77 1/27/09 Public Works Department, Project Status Report .................................. 78 2009 Alaska Multiple -Beneficiary Permit Application -- Old Town Bingo ............. 80 4. 2009 Alaska Gaming Permit Application • Oiler Baseball Booster Club, Inc. • ASC Corporation................................................................................... 82 5. 2/03/2009 Kenai Peninsula Borough Assembly Meeting Agenda ....................... 87 fire u'tyuf KENAI, ALASKA Suggested by: Administration Ai4�'1i73»ii� 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(e) 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: i For work performed after February 21, 2009, [W]urhile attending the Public Safety Academy in Sitka, a police trainee shall be paid at a Range 2, Step F. Because of a fluctuating and unpredictable 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: 7 ram-. PAT PORTER, MAYOR Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: March 4, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -1- \� Mectilof f/ KENALALASKA To: Rick Koch, City Manager "Uillaye wiM a Past, C# wA a fidare" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 t FAX: 907-283-3014 From; Terry Eubank, Finance Director %>,G 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'/2 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 KMC 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. -2- =i r Suggested by: Administration <<k h y t CITY OF KENAI KERALALASKA 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 AIaska 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. ATTEST: Carol L. Freas, City Clerk Approved by Finance:P' PAT PORTER, MAYOR Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: February 4, 2009 New Text Underlined.; [DELETED TEXT BRACKETED] IN ARA Date: January 13, 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. Information will be accurate and will be able to be accessed 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 even water based locates. ME r E4�e city of KENAI, ALASKA Suggested by: Administration CITY OF IMNAI i*7.7#3t4"ff67 �`i• dcir]ib �ItL•1 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, Neu, Text Underlined; (DELETED TEXT BRACKETED] IN Ordinance No. 2377-2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Approved by Finance: -I. PAT PORTER, MAYOR Introduced: January 21, 2009 Adopted: February 4, 2009 Effective; February 4, 2009 New Text underlined.; {DELETED TEXT BRACKETED] m > k Suggested by: Administration EAca% CITY OF KENAI KERAI.ALAS KA 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 Clerk / Approved by Finance: " -7- PAT PORTER, MAYOR Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: February 4, 2009 Suggested by: Administration A Eac«sr� CITY OF KENAI 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: Parks - 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] R Ordinance No, 2379-2009 Page 2 of 2 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: Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: February 4, 2009 New Text Underlined; [DELETED TEXT BRACKETED) 0 / "'Village with a Past, C# with a Fatare'r 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 I�1 �ll�ifi�.7iCifETi7 To: Rick Koch, City Manager r Through: Wayne Ogle, Public Works Manager From: Robert J. Frates, Parks & Recreation Directo Bate: 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. l would recommend backing out $10,000 for use on the beach rehabilitation project. This 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 fimds 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 of 500 posts (treated 6x6x10) and 10,000 lineal feet of 3/9" galvanized chain. U171i.5�+'Sim Im PLATFORMS / FENCING USFWS Total MRCS Total MRCS ESTMATE13 MATERIAL COST (supplied by vendor) Posts Chain -11- $25,000 $73,030 $25,000 ($3,000) Re -vegetation ($3,000) 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) Suggested by: Administration <<A CITY OF KENAI EItC Gt�Of KEBp\�� 5KR 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 - I -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 Cl Approved by Finance New Test Underlined; -12- PAT PORTER, MAYOR Introduced: January 21, 2009 Adopted: February 4, 2009 Effective: February 4, 2009 BRACKETED} 210 FIDALGO AVE., KENAI, ALASKA 99611-7794 '�. TELEPHONE: 907-283-7535 FAX: 907-283-3014 oil _ 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? L.. -13- Suggested by: Administration <<i CITY OF KENAI KEN K& RESOLUTION NO. 2009-02 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY TO ENTER INTO AN AGENCY FUND AGREEMENT WITH THE KENAI COMMUNITY FOUNDATION. WHEREAS, the Kenai Community Foundation (Foundation) is a non-profit ("501(c)(3)") corporation dedicated to support museums, parks and recreation, music, fine arts, library and historic purposes within Kenai's city limits; and, WHEREAS, in order to keep its overhead low and maximize the amount of donations reaching its charitable purposes, the Foundation does not wish to have paid staff to manage it money; and, WHEREAS, the City of Kenai already has the staff, structure and financial controls to manage the Foundation's donations as part of the City's investments; and, WHEREAS, because of that established structure and policy, the City can manage the Foundation's money without significant expense to the City; and, WHEREAS, while the City will manage the donations for the foundation, the decisions regarding to whom the Foundation awards money shall be made by the Foundation, not the City; and, WHEREAS, under an agency fund agreement, the City will be authorized to manage the Foundation's donations while allowing the Foundation to retain decision making authorized for award of gr--nts and donationsand WHEREAS, because the charitable purposes of the Foundation directly benefit the citizens of Kenai, it is in the best interest of the City to enter into an agency fund agreement with the Foundation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai is authorized to enter into the attached agency fund agreement (Attachment "A") with the Kenai Community Foundation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of February, 2009. ATTEST: Corene Hall, Acting City Clerk Approved by Finance: I &.d , -14- PAT PORTER, MAYOR AGENCY FUND AGREEMENT AGREEMENT: This Agreement to create the Kenai Community Fund (the "Fund") is made effective the _ day of 2009, between the City of Kenai ("the City") whose address is 210 Fidalgo Avenue, Kenai AK 99611 and The Kenai Community Foundation (referred to as "Foundation) whose address is '125 No. Willow Street, Kenai, AK, in consideration of the promises contained in this Agreement. PURPOSE: The parties desire to establish the Fund as an agency fund of the City for the charitable purposes described on the attached Exhibit A. Should the purposes for which the Fund was created ever become obsolete, incapable of fulfillment, or inconsistent with the charitable needs of the community, the Funds's governing Board of Directors will use the find for charitable purposes as similar as possible to those set forth in the Agreement. CONTRIBUTIONS TO FUND The City Agrees to accept and hold funds delivered by or on behalf of the Foundation in accordance with and subject to the limitations of this Agreement. The initial contribution by the Foundation to the Fund shall be Generally--cepted accounting prL,61,les require contributions from as not_Fnr_prn_fit entity (Agency) into a fund for its own benefit to be reported as assets on the financial statements of the Agency. Contributions from other sources will not be permitted. DISTRIBUTION OF FUNDS: The City shall pay over money from the Fund only to the Foundation and only upon delivery by the Foundation to the City of a properly completed funds distribution request in such form as the City shall require. Normal requests should allow approximately 10 working days for disbursement. Emergency requests, however, can be handled on atr expedited basis. RESOLUTION 2009-2 ATTACHMENT "A" CITY OF KENAI AND THE KENAI COMMUNITY FOUNDATION ENDOWMENT FUND AGREEMENT -15- Page I of 2 MANAGEMENT OF FUND: The Fund shall be invested as part of the pooled investments of the City, receiving a proportionate share of income and realized and unrealized capital gain or loss net of all related investment administration fees. The City shall hold and manage the investment of Funds in accordance with KMC 7.22. The agency recognizes and accepts the inherent risk of investing and agrees to hold the City of Kenai and its officers, employees, elected officials and agents harmless for investment performance provided the investment activity complies with KMC 7.22, or for any disbursement of funds made in accordance with the direction of the Foundation. GOVERNING LAW: The Fund and this Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. CANCELLATION: This Agreement may be canceled by either party upon 60 days written notice. Upon cancelation the City will return money held in the agency fund net of any capital gain or loss and investment administrative fees to the Foundation. THE KENAI COMMUNITY FOUNDATION CITY OF KENAI BY: Date: Rick R. Koch, City Manager Date: RESOLUTION 2009-2 ATTACHMENT "A" CITY OF KENAI AND THE KENAI COMMUNITY FOUNDATION ENDOWMENT FUND AGREEMENT Page 2 of 2 -16- "Village wit% a Past, Git wA a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99511-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 KENAI, AALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director 72., Date: January 29, 2009 Re: Formation of the Kenai Community Foundation (KCF) Agency Fund Resolution 2009-02 will create a Agency Fund in which the City will account for the funds invested on behalf of the KCF. Agency Fund Accounting is one of the simplest forms of fund accounting and will not add any significant demand upon Finance Department staff or financial resources. The fund that will be created will consist of two accounts. Cash, an asset account representing the balance of funds being held by the City as an Agent KCF, and Due to KCF, a liability account representing that all funds held are due and payable to the KCF upon request. Unlike other types of Governmental Funds, an. Agency Fund does not represent the operations of the City and thus there is no need to measure the effectiveness of the Fund. Effectiveness of KCF will be evaluated by an examination of its financial statements on which the City has no control or interest. With no need to measure the effectiveness of the fiend, there are no revenue or expenditure accounts within the fund and thus no requirement for annually adopted budgets. Discussions with the City's external auditor, Mikunda, Cottrell &; Co. indicate no anticipated change in either the performance or fees for the City's annual audit will result from the creation of this Agency Fund. Beyond the accounting issues, which I believe to be minimal, there are three areas of concern that I believe have been addressed and satisfied by the proposed Agency Fund Agreement. These three concerns are 1) it should be clear the City's only responsibility is to invest the funds given to it by KCF and has no direct or advisory capacity in the use of KCF funds, 2) KCF's acceptance of the inherent risk of investing, and 3) adequate time must be allowed for the City to process a disbursement request from KCF. With no significant impact on the Finance Department and addressing all of the concerns raised, I have no objection to the creation KCF Agency Fund nor the proposed Agency Fund Agreement. -17- Date of Notice: January 12, 2009 Application Type: NEW Governing Body: City of Kenai Community Councils: None License #: License Type: D.B.A.*: Licensee/Applicant: Physical Location: Mail Address: Telephone 4: EIN: State of Alaska Alcoholic Beverage Control Board 231.9 Package Store Wal-Mart Supercenter 94474 Wal-Mart Stores, Inc No Premise X TRANSFER X Ownership X Location X Name Change 702 S.W. 8" St — Kept. 8916 Bentonville AR 72716 479-204-2344 479-204-9864 Fax 71-0415198 Corp/LLC Agent: Address Phone Date and State of Good standing? Limited Partnership/Corporation CT Corporation Systems 801 W 1.0" St., Ste 479-204- i March 2, 1993 Yes 300 Juneau AK 2344 99801 Alaska Please note: the Members/Officers/L3irectorsJShareholders (principals) listed below are the principal members. There maybe additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. Member/Officer/Director: DOB Address Phone Title/Shares (%) H Lee Scott 702 S.W. 8" St i Director Bentonville AR 72716 John P Suarez 702 S.W. 8" St VP & Chief Bentonville AR 72716 j Compliance Officer Charles Holley 702 S.W. 8` St Treasurer Bentonville AR 72716 � Lori Cottrell 702 S.W. 8`' St Asst Secretary Jennifer L Smith Bentonville AR 72716 j 70-2 S.W. 8'r St � Asst Secretary Bentonville AR 72716 C If transfer application, current license information: License''.": 2319 Current D-B.A.: One Stop Liquors Current Licensee: Amy Bowen Current Location: 5455 Kenai Spar Hwy Additional comments: None. -18- .y�al6owwW, 3 W 1—New I'a^nX� P... 2 **Date of Birth * Doing Business As Cc: Kenai Peninsula Borough A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62- 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL. GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS O4.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104,145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. Sincerely, /s/ Reeda JaramitI6 Reeda Jaramillo Lead Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507,) 9Voice (907) 269-0350 - Fax (907) 272-9412 FEB-04,-2009 WED 12:19 PM KENAI PENN BOROUGH CLERK FAX NO. 907 262 8615 P. 01 February 4, 2009 144 N. BINKLEY ST • SOLDOTNA, ALASKA ° 99689-7520 PHONE: (907) 714-2160 • FAX: (907) 714-2386 Toll -free within the Borough: 1-800.478-44,41, Ext. 2160 EMAIL: assemblyclerk@borough.kenai.ak.us Ms. Dawn Tolland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 il' RE: Protest of Relocation and Transfer of Package Store Liquor License # 2319; AND Conditional Removal of Protest (Amy Bowen d/bla One Stop to Wal-Mart Stores, vac.) At its regularly scheduled meeting of February 3, 2009, the Kenai Peninsula Borough (Borough) Assembly protested the transfer of the above package store license due to delinquent taxes as follows: License location — no premise (City of Kenai) AmyBowen dba One Stop Liquors Property Tax Account#04907025............ ......................... $ 341.92 Account#04907026..........6,689.56 Account#04907027.................................... $ 184.86 Sales Tax Account#036680............ ............. ___ ....... $132,204.92 Please be advised that the Borough wishes to conditionally withdraw this protest of the transfer of Package Store Liquor License # 2319 to Wal-Mart Stores, Inc, as well as its prior protest of the license renewal, to allow the transfer to occur and the Borough to recover delinquent sales and real property taxes, plus applicable penalties and interest, from the sale proceeds as explained below. As stated above, at its February 3, 2009, meeting the Borough Assembly protested the transfer of the license as required by Kenai Peninsula Borough code due to delinquent sales and real property taxes. At the time the action was taken the Borough Assembly was notified of the intent to subsequently remove the protest to facilitate the sale and transfer. The Borough has been in contact with representatives for the transferee and has a commitment to be paid, as agreed, directly by the transferee's trustee upon approval by the Alcoholic Beverage Control Board. (ABC Board) of the license transfer. FEB-04-2009 WED 12:19 PM KENAI PENN BOROUGH CLERK FAX NO, 907 262 8815 RI 02 The Borough further understands based on communications with Ms. Dawn Holland -Williams, and bases its conditional removal of protest upon the same understanding, that after the transfer is approved, a temporary license will not be issued from the ABC Board to the transferee until the Borough notifies the ABC Board that it has received adequate funds from the proceeds of the sale. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, Johni Blankenship Borough Clerk cc: Applicant City of ICenai Michael White Finance Department File "'V lla ye wN a Past,C# with a Fu tre 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 -' - Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us �N' Meof // KEKAL ALASKA MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City�lerk BATE: January 30, 2009� RE: TRANSFER OF LUQUOR LICENSE -- From George & Amy Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc. d/b/a Wal-Mart Supereenter #4474 Protest of Continued, Operation -- One Stop Liquors At its January 21, 2009 meeting, Kenai City Council directed a letter of objection to the continued operation of the liquor license owned by George & Amy Bowen, d/b/a One Stop Liquors unless the amounts owed to the City and the Kenai Peninsula Borough were brought current by January 30, 2009. On January 26, 2009, amounts owed to the City for water and sewer were paid. On J^ nQ "009 we received c--rration f- we n, rough the had •a a cuau£'uy c,v, s. , aviu uac ivivu a ie BvwciiS aaau Si�ncu a Confession of Judgment identifying they are owing amounts of sales and property taxes, plus penalties and interest. The protest of the continued operation for George & Amy Bowen, d/b/a One Stop Liquors was forwarded to the ABC Board on January 30, 2009 for unpaid balances of sales and real property taxes owed as directed by Council. The letter included a paragraph stating it was anticipated the amounts would be paid shortly upon the approval of the transfer of the liquor license. After the Borough acknowledges payment was received, a request to withdraw the protest of the continuation of the liquor license would be brought to Council for approval. Transfer of Liquor License from Amv & George Bowen, d/b/a One Stop Liquor to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474 Wal-Mart Stores, Inc. and the Bowens have signed a Purchase and Sale Agreement for Wai-Mart Stores, Inc. to purchase the One Stop Liquor package -20- Mayor/Council Memorandum. Liquor License Transfer January 30, 2009 Page 2 store liquor license. The transfer of the liquor license to Wal-Mart Stores, Inc. is contingent upon amounts owed to the City and Borough to be paid in full. The amounts owed directly to the City for past due water/sewer services have been paid in full. The Purchase and Sale Agreement allows the Purchaser the option to cancel the Agreement (if the Seller does not pay amounts owed) or direct the Escrow Agent to pay the amounts owed. We recommend Council approve the transfer of the liquor license to Wal-Mart Stores, Inc, under the condition the Borough is paid directly by the Escrow Agent as soon as the ABC Board approves the transfer of the license, but before the ABC Board issues the temporary permit to Wal-Mart. Upon approvals of the liquor license transfer by Council and the Kenai Borough Assembly, the ABC Board will be notified. The City's letter will include a paragraph noting the condition of the approval of the transfer. If payment is not made, the City has a place held for a protest. The Board will take up the transfer at its February 24, 2009 meeting. Upon the approval of the transfer by the Board, the funds held in trust for payment to the Borough are to be paid. elf -21- ; ,�d�h. iol�►. "Village wifA a Past, C# witk a Future" 210 Fldalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 www.d.kenai.ak.us \� thecityaf%/1 KEN UASKA February 5, 2009 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507-1286 Re: LIQUOR LICENSE TRANSFER -- Package Store From George & Amy Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter 04474 At its regular meeting of February 4, 2009, the Kenai City Council approved the transfer of the liquor license from George & Amy Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474. This approval is made under the condition the Kenai Peninsula Borough is paid for amounts owed for sales and property taxes, plus penalties and interest. If payment is not made, this letter will act as a placeholder for the City of Kenai to protest the transfer of this license. If you have any questions, please contact me at 283-7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk / cIf cc: Johni Blankenship, Kenai Borough Clerk Applicant Borough Finance Department Michael D. White, Attorney/purchaser -22- FEB-02-2009 MON 01:16 PM KENAI PENN BOROUGH CLERK FAX NO, 907 262 8815 P. 01/01 KENAI PENINSULA BOROUGH 144 N. BINKLEY ST • SOLDOTNA, ALASKA - 99669-7520 PHONE: (907) 714-2160 • FAX: (907) 714.2388 r Toll -free within the Borough: 1.800-478-4441, Ext. 2160 EMAIL: assemblyclerk@borough.kenai.ak.us C•'t February 2, 2009 Ms, Dawn Rolland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1.286 Re: Removal of Objection to Continuance 44355 Dear Ms, Rolland -Williams: Please be advised that the Kenai Peninsula Borough wishes to withdraw the objection to the 2009 continuance of the liquor license for Kenai Landing Inc. dba Kenai Landing. The Kenai. Peninsula Borough Finance Department has reviewed its files and states the licensee has brought their tax delinquencies in compliance according to borough policies. Sincerely, Tolmi Blankenship, CMC Borough Cleric cc: Applicant City of Kenai KPB Finance .Department File KENAI CITY COUNCIL - REGULAR MEETING JANUARY 21, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://­www,.ci.kenal.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) 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) 1. Jennifer Olendorf£, Program & Grant Coordinator/Peninsula Smokefree Partnership -- Teens Against Tobacco Use (TATU) Presentation. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 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. (Clerk's Note: Ordinance No. 2347-2008 and Substitute Ordinance No. 2347-2008 are pending: The o7iginal 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.) -23- b. Ordinance No. 2347-2008, Substitute B -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(e) 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: 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. 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. (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.) 5. 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 6. *.Approval of Liquor License Renewals Peninsula Moose Lodge # 1942 BPO Elks Lodge #2425 The Rainbow Bar Kenai Golf Course Peninsula Oilers ITEM F: MINUTES 1. *Regular Meeting of January 7, 2009. -24- ITEM G: ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 *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. *Ordinance No. 2376-2009 -- Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund Fire Department for a State Grant. *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. *Ordinance No. 2378-2009 -- Increasing Estimated Revenues and Appropriations by $5,417 in the General Fund for State Traffic Grant Overtime Expenditures. *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. *Ordinance No. 2380-2009 -- Appropriating $325,000 From Airport Funds to Purchase Certain Improvements on Property Known as Tract A- i -A, Baron Park Subdivision, Fire Addition From the University of Alaska. 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). 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 -25- C. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon Task Force 1. City Manager 2. Attorney 3. City Clerk ITEM L: Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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 FY10 budget process.) E ECIJT..' S .c = -- None Scheduled -26- JANUARY 21,00 ii:0 0 KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING 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: Pat Porter, Mayor Hal Smalley Joe Moore Barry Eldridge Rick Ross, Vice Mayor Robert Molloy Mike Boyle A quorum was present. Also present: Student Representative Mava Johnson A-3. AGENDA APPROVAL The following changes were requested: ADD TO: E-1(b), Ordinance No. 2347-2008, Substitute B -- Updated comparison table submitted by Counselor Molloy, ADD TO: E-2, Ordinance No. 2323-2009 -- Suggested amendment to paragraph 2 of the 'now, therefore' paragraph. ADD TO: H-9, Discussion/Approval -- Authorization of Rezoning Application -- Kevin and Robin Dix email objecting to PZ09-01. MOVE: H-9, Discussion/Approval -- To be heard prior to Public Hearings. ADD TO: I-7a, Beautification Committee Report -- Application of Tricia Canady for appointment consideration. -27- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 2 Council Member Smalley MOVED for approval of the agenda with the requested changes and Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Iff0 414A Council Member Eldridge MOVED to approve the consent agenda as presented and Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Jennifer Olendorff, Program & Grant Coordinator/Peninsula Smokefree Partnership -- Teens Against Tobacco Use (TATU) Presentation. Olendorff explained she and students from area schools were before council to assist in educating the community about tobacco use and second-hand smoke. Students were introduced who gave a brief video presentation and group demonstration related to hazards of smoking. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Mark Schrag, 312 Princess Lane, Kenai -- Quoting Bible passages, Schrag stated concerns of the process related to the rezone issue and requested council work with him to achieve a good result. John Parker, 908 Highland, Kenai -- Stated his support of the no -smoking initiative. Parker also noted the Central Peninsula Hospital is a smoke -free campus, but without a smoking ban ordinance, maintaining a smoke -free campus cannot be enforced. Cindy Stonecipher, 47117 Lexington, Kenai -- Spoke in opposition to a no -smoking initiative, noting it was good to inform the public, but felt it should be the business owner's right to operate as he/she wished. Tiffany Grimm, 1536 Stellar, Kenai -- Stated she was advocating against second- hand smoke, noting she felt it was a person's right to smoke, but not to subject her to it and the business should protect the general public. R KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 3 Assembly Member Smalley gave a brief report of actions and discussions that took place at the January 20, 2009 Borough Assembly meeting. H-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 l and Conservation to Limited Commercial). Item H-9 was heard prior to the public hearings near the start of the meeting. City Manager Koch explained, council's authorization would memorialize council direction for administration to initiate the rezone of properties along the Kenai Spur Highway Corridor. If council approved his authorization, he would submit the application to the Planning & Zoning Commission for review and consideration. Though it was not a public hearing item, Mayor Porter, with no objection from council, opened the floor for public comment and noted, comments would be limited to a three - minute time allotment. Gloria Wilt, 707 Magic Avenue, Kenai -- Spoke in opposition to the rezoning, noting she had lived in that area for ten years after moving from Beaver Loop; the area was shielded from the highway and city, but close to shopping, etc.; she had not been notified by the city; and, opposed the rezoning and requested council to reconsider the application. Colleen Ward, 708 Magic Avenue, Kenai -- Requested council to not go forward with the application to allow neighborhood property owners to pursue a mutually beneficial end; explained the property owners were exploring an idea; did not have a specific timeline when the idea could be discussed with administration; did not want administration involved yet; if council moved forward with the application and it was sent to the Commission, they would stop their focus on the idea they felt would be mutually beneficial and turn their attention to the rezone application. Chuck Winegarden, 309 Princess Lane, Kenai -- Stated he supported the 2003 Comprehensive Plan, but did not see how the rezone fit within the parameters of the Comprehensive Plan. Russell 8onberg, 410 Cinderella Lane, Kenai -- Stated his opposition to the rezone, noting he felt it would threaten the neighborhood and would change the neighborhood if it was zoned Limited Commercial. -29- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 4 Becky Espy, 903 Magic Avenue, Kenai -- Stated her opposition to the rezone and requested council not to move the application forward to allow the property owners to explore other ideas. Wally Ward, 708 Magic Avenue, Kenai -- Stated he enjoyed growing up in the MAPTS area; questioned why put a spot or strip zone there; thought there was a lack of planning and development; and, encouraged council to do responsible development. Janine Espy, 403 McCollum Drive, Kenai -- Stated she would like more time to develop other ideas; noted there were four of the fourteen property* owners in support of the rezone; and, stated she thought the rezone would allow Limited Commercial to come into the neighborhood. Greg Daniels, 426 Rogers Road, Kenai -- Stated he lived across from the rezone area; noted he was opposed to rezoning of the area; and, thought more time should be allowed to find a solution. Wait Ward, 708 Magic Avenue, Kenai -- Stated his opposition to the rezone and wanted the area to remain as an RR1 zone; the commercial zone should stop at No - Name Creek and Walker Lane; requested the application be delayed; and, stated he wanted to see wise development and rejuvenation/rebuilding of the city center. Debbie Sonberg, 410 Cinderella Street, Kenai -- Referred to Maps 10 and 11 of the Comprehensive Plan; stated she did not think the rezone would comply with the Comprehensive Plan; and, thought the proposed rezone would be contrary to the intent of RR and LC zones. Kellie Wannamaker, 603 Magic Avenue, Kenai -- Stated the area was a desirable neighborhood and requested council to allow time for the development of a proposal that would work for everyone. Patricia Falkenberg, 399 McCollum Drive, Kenai -- Stated she was willing to compromise but not willing to be compromised, gave a history of the neighborhood, and began reading into the record a statement in opposition to the rezone (finished reading the statement at public comments at the end of the meeting). Jarrod Daniels, 305 Hutto, Kenai -- Stated the area was not a deteriorating neighborhood and stated his opposition to the rezoning of the area. Bill. Osborn, 423 Rogers Road, Kenai -- Stated he believed there was a lot of land in the city to develop into commercial property and opposed the rezone. There being no one else wishing to speak, the floor was closed to public comment. -30- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 5 MiT`[afi3 Council Member Ross MOVED to direct the city manager to submit the application to the Planning & Zoning Commission, Council Member Eldridge SECONDED the motion. Council comments included: • Not supportive of the motion as council was being asked to initiate a zone but had no standard on what to base their decision, not convinced the rezone would be consistent with the Comprehensive Plan, and there should be a compelling public purpose why to do a rezone that would outweigh concerns of the residents. • Did not see a push for the rezone, did not think 60 days would be a problem to hold action on the issue, and did not support the process. • The issue would return to council as an ordinance and council could table or postpone the ordinance at that time. ® There was no code requirement of when the issue would need to return to council after a recommendation was received from the Commission. • Concern the property owners did not have a clear understanding of the limited commercial zone. • Thankful for the public input and hoped to do the right thing for the neighborhood's peace. • The majority of the property owners were not supportive of the rezone and therefore would vote no on the motion. a Administration could be directed to hold an ordinance from being introduced until the middle of March and the public hearing held at the first meeting in April which would give the property owners a commitment of timing and some surety of what the process would be. vreyfm * Student Representative Johnson: No Porter Yes Smalley No Moore ;Yes Eldrid e Yes Ross Yes Molloy No Boyle No MOTION PASSED. -31- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 6 Council Member Ross MOVED to direct administration not to calendar any ordinance for introduction prior to the second meeting in March. Council Member Moore SECONDED the motion. VOTE: * Student Representative Johnson: Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. 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. E-la. 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. (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 held on October 15, 2008.) E-lb. 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. (Clerk's Note: Procedure -- One of the three following motions: --A motion to remove from the Table the original Ordinance No. 2347-2008; -32- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 7 -- 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:) V� tiTi ii T•7TA Council Member Mollov MOVED to enact Ordinance No. 2347-2008, Substitute B and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. Colleen Ward, 708 Magic Avenue, Kenai -- Stated her support for the ordinance, Substitute B. Debbie Sonberg, 410 Cinderella, Kenai -- Stated her support of the ordinance, Substitute B. Becky Espy, 903 Magic Avenue, Kenai -- Stated her support of the ordinance, Substitute B and noted support of placing audio of council meetings on line. Janine Espy, 403 McCollum Drive, Kenai -- Stated her support of the ordinance, Substitute B; believes it would slow processes down; and would like to see written procedures and the ordinance. With no others wishing to be heard, the public hearing was closed. Council comments included: • Ordinance was written to make the process more open and improve accessibility for the public. • Administration pointed out concerns with getting assignments done timely. • Would like Administration to consider the ordinance in a positive view. • Suggestion council hold committee meetings during the day prior to the council meeting to discuss concerns, proposed amendments, etc. • Request for City Clerk suggestions to be incorporated into the ordinance. • Concern expressed the ordinance would not allow sufficient time for Administration to research issues when requested by council and would cause need for more lay -downs for a meeting. • Support for many of the ideas, suggested many of the ordinance issues be presented as a policy and put them into play to see how they work instead of codifying them. • Suggestion to table the ordinance and work through policy development, then see what would be needed in the ordinance. -33- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 8 s Suggestion to delay the ordinance to allow the Clerk, City Attorney, and City Manager to incorporate comments made, identify what they believed should be policy and what should be codified, and then hold a work session to review. • Suggestion the ordinance be postponed and direct Administration to develop a policy, how to make an earlier publication of the agenda work. • Suggestion the ordinance be postponed and carry the ordinance as pending legislation on the meeting agendas. • A suggested timeline for returning the policy within 60 days. Council Member Ross MOVED to table Ordinance No. 2347-2008 and the Clerk carry it as an item of pending legislation on the agenda. Council Member Eldridge SECONDED the motion. REWWRONET 570037 • * Student Representative Johnson: Yes Porter Yes Smalley Yes _ —Yes Moore Eldridge Ye$Ross _Yes Malloy Yes Boyle Yes &LOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2373-2009 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 9-13 Block 12, Mommsens Subdivision Replat ofAddn. 1 & 2 (Parcels 039-102-23 Through 039-102-27), to Habitat for Humanity for Construction of Housing. • s Council Member Eldridge MOVED for adoption of Ordinance No. 2373-2009 and Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Smalley stated he had a potential conflict as he was a member of the board of directors of Habitat for Humanity, he received no compensation for his services, and the donation would directly affect Habitat for Humanity. City Attorney Graves noted, under the new ethics code, Smalley had a financial interest and recommended he declare a conflict. There were no objections from council. -34- KENAI CITY COUNCIL MEETING JANUARY 21,2009 PAGE 9 Council Member Eldridge MOVED to amend paragraph (2) of the "now, therefore" of Ordinance No. 2373-2009 to read: Up to five parcels will be granted for construction. The grants will be according to the following timeline: One parcel drill 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 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. Council Member Molloy SECONDED the motion. LIM83113Es7W[.71O(Wo�iTi«t iia7i * Student Representative Johnson: Yes Porter Yes Smalley Abstain I Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes I{5i[.311ifi7t`�9t��'9ialili��,sii�fiii • ►�f•714a7s�C.yaTCi i � s i eft r * Student Representative Johnson: Yes ��PASSED UNANIMOUSLY. E-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 -35- KENAI CITY COUNCIL MEETING JANUARY 21,2009 PAGE 10 Dry Pipe Sprinkler System at the City`s Vintage Pointe Manor Congregate Housing Facility. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2374-2009 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. VOTE: * Student Representative Johnson: Yes Porter Yes i Smalley Yes 11 Moore j Yes Eldridge Yes I Ross Yes 1 Molloy Yes Boyle Yes I I MOTION PASSED UNANIMOUSLY. E-4. 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 moue forward, amending KWC 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.) MOTION: Council Member Smalley MOVED for approval of Resolution No. 2008-68 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. There were no council comments. VOTE: There were no objections. SO ORDERED. -36- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 11 E-5. Continuation of Liquor Licenses -- PROTESTS • Amy Bowen, d/b/a One Stop Liquor • Ataskalanes, Inc., d/b/a Alaskalanes Bowling Center ® Kenai Landing Inc, d/b/a Kenai Landing Clerk Freas referred to her memorandum included in the packet noting amounts were owed by the three licensees. Freas explained, since the memorandum was prepared, the Alaskalanes, Inc. account had been brought current. Freas requested the motion to protest not include Alaskalanes, Inc. Council Member Smalley MOVED to direct the City Clerk to forward a letter protesting the continued operation of the Amy Bowen, d/b/ a One Stop Liquor and Kenai Landing Inc., d/b/a Kenai Landing liquor licenses if accounts were not current by Friday, January 30, 2009. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. E-5. Approval of Liquor License Renewals Peninsula Moose Lodge # 1942 BPO Elks Lodge #2425 The Rainbow Bar Kenai Golf Course Peninsula Oilers Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of January 7, 2009 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: -37- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 12 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 Council Member Eldridge MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. H-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. Introduced by approval of consent agenda. H-4. Ordinance No. 2376-2009 -- Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund Fire Department for a State Grant. Introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. H-6. Ordinance No. 2378-2009 -- Increasing Estimated Revenues and Appropriations by $5,417 in the General Fund for State Traffic Grant Overtime Expenditures. Introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. No KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 13 H-8. Ordinance No. 2380-2009 -- Appropriating S325,000 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. Introduced by approval of consent agenda. H-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). Moved forward and heard prior to public hearings. See H-9 below. ITEM_1 COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Ross reviewed discussions held during the January 8, 2009 Council on Aging meeting and noted., the meeting summary was included in the council packet. Mayor Porter noted the Council on Aging unshed to appoint Fiocla Wilson as a honorary member which would make a vacancy on the Council. Freas was requested to prepare a thank you letter to send to Wilson. I-2. Airport Commission -- Council Member Eldridge referred to the January 8, 2009 meeting summary included in the packet. He noted, he would not be available to attend the February 12 meeting and that Council Member Moore would attend for him. Eldridge added, he would also miss the February 18, 2009 council meeting. I-3. Harbor Commission -- Council Member Smalley reviewed the summary of the January 12, 2009 meeting included in the packet. Mayor Porter noted the resignation of Dennis Gregory from the Harbor Commission and the Advisory Cemetery Committee, which was included in the packet. Freas was requested to prepare a thank you letter for Mr, Gregory. I-4. Library Commission -- Council Member Boyle reported the nest meeting would be February 3, 2009. I-5. Parks & Recreation Commission -- Council Member Moore referred to the summary of the January 15, 2009 meeting which was included in the packet. Mayor Porter noted the inclusion of the re -application of Fina Kiefer in the council -39- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 14 packet and stated her intent to reappoint Kiefer to the Commission. There were no objections from council. I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the minutes of the January 14, 2009 Commission meeting and noted the next meeting would be held on January 28, 2009. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Porter reported there was no quorum available for the January 13, 2009 special meeting, however a. short work session was held. Porter referred to an application from Tricia Canady included in the packet and noted her intent to appoint Canady to the Committee. Council had no objections to the appointment. I-7b. Alaska Municipal League Report -- Council Member Smalley reported the following: • He would be traveling to Juneau for the AML winter meeting from January 27-29, 2009. • Assembly Member Bill Smith (Homer) had applied for appointment to the AML Board of Directors. I-7c. Mini -Grant Steering Committee -- Council Member Moore reported a meeting was being scheduled to review an application received. I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported no quorum was present for the January 15, 2009, however a brief work session was held. Eldridge reported Council Member Ross would attend the February 19, 2009 meeting for him. I-7e. Kenai Convention & Visitors Bureau -- Council Member Boyle reported the next meeting would be held on January 26, 2009. I-7f. Salmon Task Force -- Council Member Moore reported the summary of the January 20, 2009 meeting was included in the packet. He noted, the Task Force had questioned how council would like them to present their preliminary recommendations and a work session with council had been suggested. Council had no objections. A date for the work session would be scheduled at the February 4, 2009 council meeting. Council Member Molloy reported he would teleconference in for the February 18, 2009 council meeting. m KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 15 ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following: • She met with Senator Murkowski's aide and discussed the Economic Stimulus Package). • She attended the Habitat for Humanity open house and dedication. • She met with representatives of ConocoPhillips to discuss their decreased philanthropic program. • She and City Manager Koch met with local Native groups to discuss items of mutual interest. They plan to meet quarterly. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following items: • He would be traveling to Juneau January 27-29, 2009. • He would be applying for ST1P funds for the upgrade of the Spur Highway between Kenai and Soldotna and a pathway across the river flats. • He had been working with the Washington, DC lobbyist and noted he may have to travel to DC to discuss the City's stimulus package projects with the Congressional delegation. e He was working on the budgets and suggested meeting in a work session with council to discuss cost of living allowance for employees. • He reminded all of the Hockey Booster Club's fundraiser on January 25, 2009. A suggestion was heard to allow more time in the budget process for an overview of the budget separate from other budget discussions. K-2. Attorney -- City Attorney Graves reported the following items; • The draft screening standards for reviewing city attorney applications was included in the packet. Council had no objections to the standards as presented. • An Agency Fund Agreement between the City and the Kenai Community Foundation would be brought forward for council consideration at the next meeting. A brief discussion took place related to auditing issues that could arise. Administration was requested to include a summary report of auditing issues with the proposed agreement. K-3. City Clerk -- Clerk Freas noted that since council had approved the City of Kenai Financial Disclosure Form earlier in the meeting, the form would soon be distributed to those required to complete them. The forms would be due to the City Clerk by April 15, 2009. ITEM L: DISCUSSION L-1. Citizens (five minutes) ■M KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 16 Pat Faikenberg, 399 McCollum Drive, Kenai -- Read the remainder of a statement related to the history of the neighborhood, her opposition to the proposed rezone, and requested Council reconsider its vote on the issue. Debbie Sonberg, 410 Cinderella Lane, Kenai -- Stated she was displeased with an earlier comment that some of the property owners did not understand the definition of a limited commercial zone. Janine Espy, 403 McCollum Drive, Kenai -- Read a statement she prepared and was included in the packet related to the informational meeting held on January 5, 2009. Becky Espy, 903 Magic Avenue, Kenai -- Noted there were plans for people to build across the highway and stated she felt the city manager's memorandum was inappropriate. Walt Ward, 708 Magic Avenue, Kenai -- Reported he looked at the limited commercial zone in Soldoma, observed there were not many residential buildings left as most were being used for businesses, and felt rezoning the conservation property by No -Name Creek would be a big mistake. Ward was requested to comment in writing to the Planning & Zoning Commission with regard to his concerns of rezoning the conservation zoned property by No -Name Creek and Ward stated he would. All were thanked for their comments during the evening. L-2. Council Smalley -- Noted the following items: • Stated his appreciation of the donation of properties on behalf of the Habitat for Humanity. • He had a conversation with the golf course leaseholder who questioned why he had to carry liability insurance during the courses' winter closure. He suggested he contact Koch and discuss the issue with him. i Requested the smoking ordinance be brought forward for introduction on February 18 and requested the final draft be forwarded to the City of Soldotna as well. ® Stated his appreciation of the rezone comments and stated it was not his intent to do something that would not be a resolvable issue, adding, council wanted an acceptable resolution of the issue. • Stated his appreciation of the students' presentation. Moore -- No comments. Eldridge -- Noted the following: -42- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 17 s Suggested Administration continue pressure on the State Legislature for $s mullion for city projects. • Reported the Economic Development District Board of Directors would meet on January 22, 2009. • Suggested the holiday decorations remain on the Iight poles from November 1 to March 1. Johnson -- No comments. Ross -- No comments. Molloy -- Noted the following: • Thanked the public for coming and noted his appreciation of their comments. i Thanked Clerk Freas for sending out the 2010 draft Legislative budget and encouraged continued investigation of live streaming of council meetings. Boyle -- Thanked the public for their comments. Porter -- Noted the Alaska Business Monthly article included in the packet as an informational item. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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.) -- None Scheduled ITEM N: ADJOURNMENT There being no further business before the council, the meeting adjourned at approximately 10:52 p.m. -43- KENAI CITY COUNCIL MEETING JANUARY 21, 2009 PAGE 18 Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session, discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: FEBRUARY4, 2009 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ICMA401 PLAN JANUARY401 PLAN VARIOUS LIABILITY 16,213.03 ICMA 457 PLAN JANUARY 457 PLAN VARIOUS LIABILITY 25,585.58 PERS JANUARYPERS VARIOUS LIABILITY 146,418.33 ENSTAR GAS USAGE VARIOUS UTILITIES 42,649.92 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 97,096.29 I (r INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect JnL COUNCIL! FEBRUARY4,2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT B p 0) CONSTRUCTION INSPECTION 86417 -MARATHON RD. HDL SERVICES - PHASE 2 IMPROVEMENT PROJECT AMEND. NO.2 151,637.00 437,503.00 88292-KENAICOURTHOUSE WINCE, CORTHELL, BRYSON INSPECTION SERVICES PARKING EXPANSION AMEND. NO. 1 25,010.00 48,148.00 t Suggested by: The PIanning and Zoning Commission tt tya CITY OF KENAI ORDINANCE NO, 2381-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE DEVELOPMENT REQUIREMENTS TABLE IN KMC 14.24.020 TO PROVIDE FOR FRONT SETBACKS OF TWENTY-FIVE (25) FEET, SIDE AND REAR SETBACKS OF TEN (10) FEET IN THE LIGHT INDUSTRIAL (IL), HEAVY INDUSTRIAL (IH), CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (CG) AND CENTRAL MIXED USE ZONES (CMU). WHEREAS, the City of Kenai Zoning Code has a Development Requirements Table in KMC 14.24.020; and, WHEREAS, the Development Requirements Table sets out the front, rear and side yard setbacks in non-commercial zones but does not set specific requirements for commercial, industrial and the central mixed use zone; and, WHEREAS, proper land use planning should include standard minimum setbacks in all zones; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to include minimum setbacks for commercial, industrial and the central mixed use zone; and, WHEREAS, the proper setbacks in such zones should be twenty-five (25) feet for the front yard setback and ten (10) feet for the side and rear yard setbacks. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.24.020 (Development Requirements Table) be amended as shown in Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this l8th day of February, 2009. ATTEST: Carol L. Freas, City CIerk PAT PORTER, MAYOR Introduced: February 4, 2009 Adopted: February 18, 2009 Effective: March 1.8, 2009 New Text Underlined; (DELETED TEXT BRACIMTEDI BEM Ordinance No. 2381-2009 Attachment " A" Chapter 14.24 Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C/RR RR1 RS RSI ! RS2 RUTFSH IL/III/CC/CG/Ch10 R ED LC 1 MINIMUM LOT 90 I 90 60 60 ) 60 60 1 See ind'rvidaal see6cns 90 90 90 WIDTH (Peet) � of Code for I requirements MINIMUM LOT SIZE (feet) Prone 25 25 ! 25 25 25 to 05 25 25 25 Side[ ( �. One -Story' 15 5 5 5 5 5 10 15 15 15 Daylight Basement/ 15 10 10 10 10 5 15 U j 15 Split Level' Two -Story', 15 is IS IS IS 54 L 15 15 15 ISFE INDIVIDUAL j SEC770NS OF CODF. 1 ! FOR RF.QUiREMFNTS) Rear 1 20 20 I 20 20 20 104 20 20 20 Maximum Lot 30% 30% 30% 31J 30% 40% 1 30% 30% 30% Coverage Maximum Height 35 35 35 35 3.5 35 (feet) Foomotes: (1) Provided thatthe minimum front setback is measured from any right-of-way or access easement 1(2) Side setbacks are determined independently from the front view of the structure. Plot plan/As-built will distinguish single and two- story portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above, One-story is defined as a story having direct access from grade level without a lower story. A suuomre having a lower story situated below a one-story is considered aone-story structure in its entirety. ! Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above grade. Daylight bmmnent/split level is defined as one-story plus less than one-half 0 P—) the height of the lower story all shunted above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (I4) feet for each side yard and nine een (19) feet forthe rear yard. s i IvVi0i Me On 1. 9 ,I A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE DEVELOPMENT REQUIREMENTS TABLE IN KMC 14.24.020 BE AMENDED TO PROVIDE FOR FRONT SETBACKS OF TWENTY-FIVE (25) FEET, SIDE AND REAR SETBACKS OF TEN (10) FEET IN THE LIGHT INDUSTRIAL (IL), HEAVY INDUSTRIAL (11-1), CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (CG) AND CENTRAL MIXED USE ZONES (CMU). WHEREAS, the City of Kenai Zoning Code has a Development Requirements Table in KMC 14.24.020; and, WHEREAS, the Development Requirements Table sets out the front, rear and side yard setbacks in non-commercial zones but does not set specific requirements for commercial, industrial and the central mixed use zone; and, WHEREAS, proper Iand use planning should include standard minimum setbacks in all zones; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to include minimum setbacks for commercial, industrial and the central mixed use zone; and, WHEREAS, the proper setbacks in such zones should be twenty-five (25) feet for the front yard setback and ten (10) feet for the side and rear yard setbacks. PASSED ALASKA, BY THE PLANNING AND ZONING COMMISSION OFTHE CITY OF KENAI, this 28TH day of January 2009. �---- t ` CHAIRMAN A' ES i New text underiined [DELETED TEXT BRACKETED AND ALL CAPS] Resolution PZ09-02 Attachment "A" Chapter 14.24 Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS USES C/RR RRI RS RSI RS2 RVITSH IL1!WiSCfCG1CMU R ED LC MINIMUM LOT 90 90 60 60 60 60 Su individual sections 90 90 90 of Code for WIDTH (feet) requirements MINIMUM LOT SIZE (feet) Front' 25 25 25 25 25 10 25 ZS 25 26 Side [SEE INDIVIDUAL One -Story' 15 5 5 5 5 5 SECTIONS OF CODE 15 15 15 Daylight Basement/ 15 10 10 I0 10 5 FOR 15 15 15 i2EQUREMEN T S] Split Level' JD Two -Story' 15 IS 15 15 15 51 15 1 15 15 Rear 20 20 20 20 20 to, 10 20 20 20 Maximum Lot 30% 30°10 30% 30% 30%u 40% 30% 30% 30% Coverage Maximurn Height 35 35 35 35 35 35 (feet) i Footnotes: (1) Provided that the minimum front setback is measured from any right-of-way or access easement. (2) Side setbacks are determined independently from the front view of the structure Plot pian/As-built will distinguish single and two- stmy portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One-story is defined as a story having direct access from grade level without a lower story. A structure having a lower stoy situated below a one-story is considered a one-storystructure in its entirety. Two-story is defined as one -sorry phis more then one-half (112) the height of the lower story all situated above grade. Daylight baseruent/spiit level is defined as one-story pies less than one-half (IP) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and aline five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard skull be increased three (3) feet, but need not exceod fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. Carol Freas From: Chris Cook [chriscook54@gmail.com] Sent: Monday, January 26, 2009 1:25 PM To: Carol Frees Subject: Letter of Resignation Carol, Please let the Library Commission, Library Director, and City Council know that time constraints necessitate my resignation as Library Commissioner, effective immediately. It has been an honor to serve on the commission over the last three years and I look forward to the time when I can once again offer my efforts on behalf of my community. Regards, Christine Cook -51- CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS January 28, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Election of Chair & Vice Chair e. Agenda Approval d. Consent Agenda e. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *January 14, 2009 3, SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09-02 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Development Requirements Table in KMC 14.24,020 be amended to provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). b. PZ09-03 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a process for the regulation and establishment and placement of communications towers within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide that communications towers/antennas area conditional use in the CMU zone. 6. OLD BUSINESS: 7. NEW BUSINESS: a. PZ09-04 - A Resolution of the Planning And Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14,20.260 be amended to better provide for enforcement for violations of the Kenai City Code and to provide for appeal of administrative enforcement orders to the Board Of Adjustment — Discussion. -52- 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 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INTORMATION ITEMS: 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: &'S11 CITY OF KENAI PLANNING & ZONING COMMISSION JANUARY 29, 2009 7:00 P.M. CITY COUNCIL. CHAMBERS CHAIR JEFF TWAIT, PRESIDING Chair Twait called the meeting to order at approximately 7:03 p.m. I -a. Roll Call Roll was confirmed as follows: Commissioners present: K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers, J. Brookman Commissioners absent: None Staff/Liaison present: City Planner M. Kebschuli, City Council Liaison R. Molloy A quorum was present. I-b. Election of Chair & Vice Chair Commissioner Wells MOVED to nominate Jeff Twait as Chair and Scott Romain as Vice Chair. Commissioner Brookman SECONDED the motion. Koester YES Romain YES Wells YES Twait YES Bryson YES Roger YES Brookman YES I-c. Agenda Approval Commissioner Bryson noted the following changes: ADD TO: 5-a. PZ09-02 Memo from Planner Email with Attachment from D. McClintock of AT&T -54- Commissioner Bryson MOVED to approve the agenda with the above -mentioned lay downs and Commissioner Remain SECONDED the motion. There were no objections. SO ORDERED. 1-d. Consent Agenda MOTION: Commissioner Brookman MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1-e. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Approved by Consent Agenda. ITEM 2: *APPROVAL OF MINUTES -- January 14, 2009 Approved by Consent Agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ09-02 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Development Requirements Table in KMC 14.24.020 be amended to provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). Kebschull reviewed the staff report included in the packet, noting variances would allow smaller lots to be developed. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: PLANNING & ZONING COMMISSION MEETING JANUARY 28, 2009 PAGE 2 -55- Commissioner Romain MOVED to approve PZ09-02 and Commissioner Wells SECONDED the motion. VOTE: Koester YES Romain YES Wells YES Twait YES Bryson ;YES Rogers YES Brookman I YES MOTION PASSED UNANIMOUSLY. 5-11. EZ09-03 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a process for the regulation and establishment and placement of communications towers within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide that communications towers/antennas area conditional use in the CMU zone. Kebschull reviewed the memo added to the packet at the beginning of the meeting, noting the 23-page letter from AT&T was received at approximately 1:00 p.m. Kebschull recommended postponement of the resolution to the February 2.5, 2009 meeting. Twait opened the meeting to public hearing. Debbie Sonberg, 410 Cinderella -- Requested another public hearing at the February 25, 2009 meeting. Roy Espy, 403 McCollum -- Noted he believed the City was moving in the right uu ci.uui♦u2 regard t0 Ccu tuwcrS grid supported uicthe postponement in vruci Gu study the additional materials. There being no further comments, the public hearing was closed. Commissioner Romain MOVED to approve PZ09-03 and Commissioner Bryson SECONDED the motion. Commissioner Wells MOVED to postpone action on PZ09-03 to the February 25, 2009 meeting and Commissioner Brookman SECONDED the motion. Kebschull noted Administration would readvertise the public hearing and the meeting. PLANNING & ZONING COMMISSION MEETING JANUARY 28, 2009 PAGE 3 -56- Koester YES Romain YES Wells YES Twait YES B son YES Ro ers YES Brookman YES MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS --None ITEM 7: NEW BUSINESS 7-a. Discussion -- PZ09-04 - A Resolution of the Planning And Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14,20.260 be amended to better provide for enforcement for violations of the Kenai City Code and to provide for appeal of administrative enforcement orders to the Board Of Adjustment. Kebschull reviewed the resolution included in the packet, noting there would be a public hearing on PZ09-04 at the February 11, 2009 meeting. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue -- Noted she was not sure why the Commission was moving forward with the resolution. Kebschull explained, if codified by Council, the City would be able to place judgments through Civil Court instead of Criminal Court to allow for better enforcement of City Code violations. ITEM n. PENDING ING ITEMS S-a. PZ07-25 - Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. ITEM 9: REPORTS 9-a. City Council -- Molloy reviewed the action agenda items from the January 21, 2009 City Council meeting, noting the proposed Limited Commercial rezone would return to the Planning & Zoning Commission at the February 11, 2009 meeting. 9-h. Borough Planning -- Bryson reviewed the agenda of the January 26, 2009 Borough Planning Commission meeting. 9-c. Administration -- Kebschull reported she would begin scheduling work sessions soon, including one to rewrite the subdivision ordinance. PLANNING & ZONING COMMISSION MEETING JANUARY 28, 2009 PAGE 4 -57- ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS -- None ITEM 12: COMMISSION COMMENTS & QUESTIONS -- None ITEM 13: ADJOURNMENT MOTION: Commissioner Brookman MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:53 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING & ZONING COMMISSION MEETING JANUARY 28, 2009 PAGE 5 on az: DATE: 1 16 ~5 7 NAME: '4""' -O , , Resident of the City of Kenai? Residence Address ' Cl CITY OF KENAI "Village with a past — City with a future. " BACKGROUND AND PERSONAL DATA - )ATES FOR APPOINTMENT COMMITTEES AND JAN 2 7 2oog CLERK RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAA: 283-5068 p How long? Mailing Address 1f dye Home Telephone Nc Home Fax No. r7% Business Telephone Now — Business Fax No. , . Email Address: May we include your contact information on our web page? ALLA If not all, what information ma} e include? EMPLOYER: NAME OF SPOUSE: Current membership in organizations: _ 11f ✓/1ic Title Past organizational memberships: -f_4- 1' COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:^_f.;iLr rl r WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? signatuo r,-59- SALMON TASK FORCE MEETING JANUARY 20, 2009 KENAI CITY COUNCIL CHAMBERS 3:00 P.M. ITEM I: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- January 5, 2009 ITEM 4: OLD BUSINESS a. Discussion -- Ideas for Product/Process (Review issues related to meeting Objectives One Through Five) b. Discussion -- Tentative Schedule/ Select meeting Dates & Times C. Discussion -- Outreach ITEM 5: NEW BUSINESS a. Discussion -- Other Issues ITEM 6- •n SALMON TASK FORCE MEETING JA.NUARY 20, 2009 KENAI CITY COUNCIL CHAMBERS 3:00 P.M. CHAIR JIM BUTLER, PRESIDING Chair 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. Ruffner, J. Torgerson Staff/Liaison present: City Clerk C. Freas and Council Member J. Moore A quorum was present. ITEM 2: AGENDA APPROVAL There were no changes made and the agenda was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY -- January 5, 2009 There were no changes made and the January 5, 2009 meeting summary was approved as presented, ITEM 4: OLD BUSINESS 4-a. Discussion -- Ideas for Product/Process (Review issues related to meeting Objectives One Through Five) Issues Identified: Stressers/Trends -- Member Tarbox provided a handout related to sockeye salmon production, Upper Cook Inlet sockeye, coho, chum and pink commercial harvests, processor market share of commercial sockeye salmon harvest, and sport and personal use harvest information and gave a brief summary of the information. Tarbox will provide a summary of management plans and how they came into effect. History -- Butler is to draft a summary of the relationship between the increase of personal use and sportfishing/oil and gas. Include direct user fee and tax income from fish information as well as taxes/user fee information from city, revenue and city _g1_ expense side (how the money received from the fishery is invested); property values for major processors. Member Torgerson provided and the membership reviewed Kenai Peninsula Borough Commercial Fishing Industry Salmon Permits and Fishing Activity by Area of Residence from the Borough Economic Situations report. Trends/Environmental Issues -- Member Ruffner reviewed a handout of active threats across systems and critical threats rankings, noting how development of new roads and existing roads affect the migration of fish; residential development; inappropriate fisheries management; policy threats. Current Threats -- Members are to provide a list of what they believe are the top five threats and review them at the next meeting. The list should include drivers and some examples, i.e. lay out facts and why they need to be considered as a threat. Education -- The group agreed an education component should be included, i.e. differentiate between perception and reality, and perception driving reality and how they are a threat to the city. It would be up to the council to decide if they want to engage. Recommendations -- Hold until all the information is together. At this time, the group should start an outline of what they want to include in the report. 4-b. Discussion -- Tentative Schedule/Select meeting Dates & Times Next meeting -- Meeting was scheduled for Tuesday, February 10, 2009 at 3:00 p.I,,, in the council chambers. Group will discuss the overview, outline, narrative, supporting data, and bibliography (copies with the Clerk). The goal is to keep the product to 15-20 pages, including a short narrative and bulleted items. 4-e. Discussion -- Outreach ITEM 5: NEW BUSINESS 5-a. Discussion -- Other Issues SALMON TASK FORCE MEETING JANUARY 20, 2009 PAGE 2 -62- Butler reported he received an email from Ross Harding who stated he would not be able to participate in the flask Force and in discussion with Mayor Porter, it was decided the seat did not need to be filled due to the short life of the Task Force, Council Member Moore stated he would report on the meeting to the council and discuss how the Task Force product should be presented. There being no further business before the Task Force, the meeting was adjourned at approximately 4:34 p.m. Meeting summary prepared by: Carol L. Freas, City Clerk SALMON TASK FORCE MEETING JANUARY 20, 2009 PAGE 3 M-2 to 0 0 , DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS AND OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY January 21, 2009 Re: 3050-3 Reds Creek Pat Porter, Mayor City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Ms. Porter: �NJCor�.;1 SARAH PALIN, GOVERNOR ' E50 W. 77H AVENUE, SUITE 1310 W ANCHORAGE, ALASKA 99501.3565 PHONE t907) 269-8721 FAX: (907) 269-8908 RECEZVFD JAN 2 32009 The Alaska Historical Commission has received a geographic name proposal to make official the name Reds Creek for an unnamed creek in the City of Kenai. This creek is approximately a nine and a half long, heads about a mile north of the Kenai Spur Highway, east of Marathon Road, and flows south into the Kenai River about a mile above its mouth. Enclosed is a copy of the proposal for your review, a map showing the creek's location, and a program brochure with the guidelines for geographic names Alaska Historical Commission members have established. The commission would appreciate your comments on the proposed name. To object or to endorse the proposed name, please respond in writing by February 9, 2009. You can respond with a letter, by e-mail, or by writing your comments in the space provided below. If you have any questions about the geographic names pro -grain, please contact me at email. io.antonson ..alaska.gov or by phone at 907-269-8714, Thank you. S.incereIy, Joan M. Antonson Deputy State Historic Preservation Officer enclosures I object / endorse the proposed name because: Signed: _ Date: —65— sfi1" P it ltd oB k,, uvJcd Pap,, U.S. Departmentof the Interior U.S. Geological Survey (� ! e ! • ReportName 1 Use this form W recommend a feaAne name or to 3. Gn the reverse side of this form give attenuation 5. Return this faun m: suggest a neme change.. an tiro locwd usage and authority, for recetnmonded name. E ectom SeeYetary for Domestic Geographic 2. For features on Federal lands, com•dusto N.C. .requests with the agency (U.S. Forest Service, 4, hor more infoanauce about the Geographic U.S. Geological Survey National Park Service, norean oflmnd Nanres hrfounabon System or the National 523, Nwimual Canter Management, etc.) For the adnanisrrtfve area in Gaeetteer Program, contact the U.S. Board on Reston, VA 22092. which the land is located, Geographic Names at 703-648-4544- Action Requested Pronosed New Naane: X Anniication Chance: Name Chance: Other: Recommended Name: I PedsCreek State: Alaska County or Equivalent: Kenai Peninsula Borough Administrative Area: Cie' of Kenai TV13c of Feature stream, mountain populated place, etc.: Creek Is the Feature identified (includine other names). in the Geo ra hic Names Information Svstem GNIS ? Yes ff yea how is it listed? L Description of feature (physical shape, length. width, direction of now, etc,): This creek is approximately a mile long and flows south. From its head in wetlands, it flows south about a half mile before it cuts through a neighborhood for about a half mile, men flows under the Kenai Spur Highway, and flows south about another half mile between neighborhoods, then through a culvert before joining the Kenai River about a mile above its mouth. Also in Sections 33, T6N, RI I W, and Section 4, T5N, RI 1 W. Maps and other sources using recom- Other name (variants) Maps and other sources using other name mended name (including scale and date). or application (including scale and date). Maps Creek Kenai Watershed Forum i Pt Name information such as origin, meaning of the recommended name, historical significance, biographic data (if commemorative), nature of usage or application, or any other pertinent information: The name proposed is, in part, for Glen Rex "Red" McCollum Sr., a long-time Kenai resident who died January 3, 2002. McCollum moved to Kenai in May 1959. He drilled some of the first producing wells in the Swanson River oil field, for over 20 years had a roustabout company, and was a commercial fisherman. He served on the Kenai Harbor Commission. The name proposed also recognizes the red salmon that return to Kenai ,Peninsula streams every year, although the creek is solo salmon habitat. The proposer indicates the neighborhood bordering the creek would like to "adopt" it and work with the Kenai Watershed Forum to protect and reclam it. The creek is shown on the Kenai Watershed Forum reap as Maps Creek, an acronym derived from the first letters of several neighborhood streets: Magic, Aliak, Princess, and Spur. The proposer indicates the neighborhood would like a more endearing name for the creek, and she has spoken with a representative of the Kenai Watershed Forum about the proposed name. Is the recommended name in local usage? I Yes No x 1 If Yes, approximately how many years? Is there local opposition to, or conflict with the recommended name (as located)? The name aumars as Mans Creek on Kenai Watershed Forum maps. For proposed new name, please provide evidence that feature is untamed: The creek is not named on USGS Kenai (B-4) 1:63,360: Kenai (B-4 NE) 1:25,000; or Kenai 1:125,000 maps. It is not identified in DeLorme Mapping's Alaska Atlas & Gazetteer (1998). The proposed name is not listed in Schorr's Alaska Place Names (1991). GNIS and Orth's Dictionary of Alaska Place Names (1967) list a Reds Lake north of ChandalaT in the Brooks Range, and five Red Creeks around the state although none on the Kenai. Peninsula, and a number of other places using the word Red singular, one a Red River 46 miles northwest of Homer across Cook Inlet and another Red Bluff near Seldovia. Additional information: Proposal for review sent with letter indicating must respondin writing to object or endorse the proposed name: Kenai Peninsula Borough - cormnent requested by February 9, 2009 City of Kenai - comment requested by February 9, 2009 Cook Inlet Region, Inc. - comment requested by February 9, 2009 Kenaitze Indian Tribe IRA - comment requested by February 9, 2009 Kenai Native Association, Ltd. - comment requested by February 9, 2009 Salamatof Native Association, Inc. - comment requested by February 9, 2009 Kenai Historical Society - comment requested by February 9, 2009 Kenai Chamber of Commerce - comment requested by February 9, 2009 Kenai Watershed Forum — comment requested by February 9, 2009 The Alaska Historical Commission is expected to consider the proposed name at its February 19, 2009, meetma in Juneau. Copy submitted b . Name (first M.1., Inst Title Now day) Date Debbie Sonberi4 907-283-5880 I 12/19/08 Com>anv or A ens Address (sit . Slato. and 7.i 410 Cinderella Street, Kenai AK 99611 Copy Pre aredbe ifmher than above T{fle hi one) i ➢ate Judith E. Bitmer SHPO (907) 269-8721 1/21/09 Com any or A enuv Address kim store, and 75 A)taw, Depam .,t dNtural Roaonreenroa;ce Oiisto y n„d Ard,acolnsy 550 West 7" Ave., Suite 1310, Anchoraae, AK 99501-3565 Awkriry ro, Rewmm... &d Name; Molina Adoml, and Telephone Owl"ption Yens S, Mroa � ( i i i Im Kenai Peninsula. Online - Alaska Now spaperGlen McCollum 01/09/02 Page 1 of 2 PeawereG by OF A. R10 NIVZ . Web posted Wednesday, January 9, 2002 Local Interest Glen McCollum Home . Political w Nears . Outdoors Obituary Sports " People Obituaries a Classifieds a Editorial z Letters to Editor Pulse r schools Longtime Kenai resident Glen Rex'Red' McCollum Sr. died a Legals peacefully Thursday, Jan. 3, 2002, at his home. He was 84. Features • Business a Religions a NIE a Dispatch Memorial services will be at noon Friday, Jan. 11, 2002, at the • seniors a Tv Listings Peninsula Grace Brethren Church on Kalifornsky Beach Road. Stocks For "sibs A are invited to stay and share in a meal with family and Movies Petll s friends after the service. Peninsula Guide a Advertising s Farms m circulation . Archives Mr. McCollum was born Oct. 11, 1917, to Otis Dewey and Exploring a About Us Phoebe Jane (Crook) McCollum in Savage, Mont. His parents Churches then moved the family to Red Lodge, Mont., where he spent many of his teen years. During World War II, he served with the Civilian Conservation — Deadhoree Corps in Yellowstone National Paric -- Company 939 -- Camp Fairbanks Nine Mile F38 — Alberton, Mont., where he performed duties as -Anchorage rT 14' Kenai an axeman, mechanic and subsection foreman. He was. 1°'A Homer described on his discharge papers as an excellent workman. Juneau Chooe;city -l-1 ` Given an honorable discharge May 2, 1937, his next adventure was to navigate the big mining trucks that hauled chrome, December silver and sulfur throughout the Montana basin country. In s ns F 1947, he was offered a job as a roughneck on an all rig in the 2 1 2 3 3 4 4 6 6 6 7'. Ili :to11 12 13 Little Grass Creek Field in Wyoming. Quickly promoted to 14 15 16 17 16 16 26 driller for the next 10 years, he averaged three moves a year 21 22 23 24 25 26 27 throughout the western and southern states. 28 23 34 32 In April 1959, at Naturita, Colo., he was offered a job by fry Our Stories Mountain States Drilling to move his family to Alaska. In May f- web of that year they settled in Kenai. He drilled some of the first r Yellow Pages producing wells in Swanson River Field. to Stocks When the rig was sold to another contractor, he left and Cfassifietls Started a roustabout company __ Northern Oil Operations Inc. This company held the maintenance contracts for Standard Oil Search'. of California for the next 24 years. Reluctant to retire, he decided to take up commercial fishing in Cook Inlet for the next four years. Never one to be idle in recent years, he had quite a political voice. Because of his knowledge of construction, in 2001 he was appointed to the Kenai Harbor Commission. http://www.peninsulaclarion.cGm/stories/010902/obi 0109020bi001000I.shtml 12/22/2008 -68- Kenai Peninsula Online - Alaska NewspaperGden McCollum O 1/09/02 Page 2 of 2 "This was exciting, and he enjoyed keeping abreast of the need for some answers concerning the bluff erosion problem or any other civic matters," his family said. "May God now grant you eternal rest, our dear father." Mr. McCollum was preceded death by his parents; his beloved wife, Fiorine A. ('Vannoy) McCollum; daughter Laverne Kuebler; sister, Blanche Gibson and brother, Clyde. He is survived by his son and daughter-in-law, Donald and Trudy Lee; sons Glen Rex Jr. and Troy Lee; daughters and sons-in-law Patricia and Cecil Falkenberg and Cindy and Roger Trepanier; sister and brother-in-law, Evelyn and Don Oswald of Longview, Wash.; brother, Leo of Walla Walla, Wash, and sister-in-law Neoma of Yakirna, Wash,; grandchildren, Shane Falkenberg, Don Lee McCollum Jr., Kellie McCollum, Cora Leigh McCollum, Cody Otis McCollum, Shane Kuebler, Heath Trepanier and Troy Lee Trepanier; great-grandchildren, Curds, Mitchell, Kourtney, Justin, Reiss, Stephen, Miranda, Brittany, Courtney, Cameron, Aaron, Andrea, Heather, Matthew and Nathaniel; nieces and nephews, Dale, David, Connie, Rhonda, Leanne, Denise and Diane, and numerous church families and children from both Kenai Grace Brethren and Peninsula Grace Brethren Churches. The family requests that all donations be directed to Love INC. Kenai Chapter, the Love INC. breakfast program or the Kenai Senior Center. Arrangements were made by Peninsula Memorial Chapel Discuss this story in our Discussion Forum E-mafl this story E-mail a message Read our paper Have our Headimes e friend to the editor on your PDA e-maffed to you Comments or question_? For questions about the websne, contact the web master at Kenai Peninsula online Box 36e8 Kenai, AK 99611 907-288-7651 Copyrighted by Peninsula Ciarion, a Division of Morris Communications Privacy and terms of use. http://vn,,,w.peninsc:laclarion.com/stores/010902/obi. O10902obi0o10001.Sht,H. 12/22/2008 -69- Kenai C4 1:63,360 T6N, R11W, SM T5N, R11W, SM Creek Mouth- Lat; 60' 33'04,96" N Long; -151' 13' 47.87" W ME -71- Alaska's Native people, along with explorers and settlers fiom Emope and America, gave names to marry Alaskan geographic features. A record of these names can be found in the Dictionary ofAlaska Place Names by Donald Orth (1967) and the Geographic Names Information System (Iittp://geonanies.usgs.gov/index.htint). - Not all features in the state have been named. Naming geographic features, or changing established names, needs to be done -carefully and thoughtfidly. Place names should identify significant places. Reasons to name a feature include safety, education, and area Wadministration. It is important that a proposed name have an association with the location. The Alaska Historical Commission, a citizen board of the State of Alaska, reviews names proposed for lakes, streams, mountains, and other physical features in the state. The commission coordinates its program with the U. S. Board on Geographic Names, IN GEOGRAPfftC NAMES PROGRAM A responsibility of the A.LASKA HISTORICAL COMIYHSSIOIN The Alaska Historical Guidelines Commission The Alaska Historical Commission has established guidelines, which it uses along with the Since 1993 the Alaska Historical Commission has policies of the U.S. Board on Geographic Names. served as the geographic names board for the State of - Alaska. Its powers, duties, and authority in the naming § Local Usage - of geographic features in Alaska are defined, in Alaska ,t The name has been used for years by the Statute 4135.350. The conunission has been directed community - to: The name is supported by local residents and \\ - -- - f' - - - there is published evidence of verbal or -- % written usage ♦ Determine the correct and most appropriate names § Descriptive Names of geographic features in the state and their The name is relevant to and descriptive of the spelling; - feature The name is trot in use elsewhere in the ♦ Pass upon and give names to geographic features region in the state for which no single generally,,. § Commemorative Nam" e —1 acceptable name has been in use; The individual has been deceased for at east live years I The person made a nateworthy ♦ Cooperate with the local subdivisions of ;._, contribution to Alaska. government and; with their approval, change the The individual has a direct, long term names of geographic features to eliminate association with the feature duplication of names in the state; - The name is supported by residents of ' nearby- communities - ♦ Serve as the state representative of the U.S. Board § Ingtorleal Names The authenticity of the name can be on Geographic Names and cooperate wifh that P established board so that there is no conflict between stateand x - The name is clearly associated with the tederat designations of geographic features in the area state. § Alaska Native Names The name is in common local usage In addition, the statute directs the Alaska The name is linguistically appropriate to the area in which it is to be applied - Historical Commission to consider using Alaska Native __ The name is pronounceable wittavf - (ace names for geographic features in the state that P g gran � considerable difficulty . have not been named ,. The laud owner, if on Native land supports the proposed name in writing § Name Changes - - The current official time is derogatory to - arty sacral, ethnic, gender, or religious - group The current official name is duplicative - and causing confusion Other Evidence of extensive local support by authorities and residents is provided There is overriding need to name a feature within a wilderness area (for purposes of safety, education, or area administration), and the land manager has been consulted and given the opportunity to comment on the proposed name Air existing name is applied to a related feature, i.e. the name of a mountain is applied to an amounted glacier that is part of it A spelling that includes diacritical marks includes substantial evidence of active local use, such as official records, maps, and signs, in the area where the feature is located Application Process Applicants are encouraged to study ere guidelin€s before they complete an application. Supplemental information, such as letters from community leaders, area residents, and local organizations, is often helpful. Prior to review by the Alaska Historical Commission, staff contact appropriate land managers, Native corporations and councils, and communities to obtain comments on proposed games, The Alaska Historical Commission meets three times a year. The commission's recommendation is forwarded with the proposal to the IT.S. Board on Geographic Names for review. The U.S. Board sets national policies and procedures relating to both domestic and foreign place names. It is the final word on choice, spelling, and official use of place navies in the U.S. The process ofnaming a geographic feature takes at least a year. "1r• ' � � i fi • • • I •'� 2/04/2009 Purchase Orders Between $2,500 and $15,000 for council review. 1 /27 /09 Public Works Department, Project Status Report. 2009 Alaska Multiple -Beneficiary Permit Application -- Old Town Bingo. 2009 Alaska Claming Permit Application • Oiler Baseball Booster Club, Inc. • ASC Corporation 5. 2/03/2009 Kenai Peninsula Borough Assembly Meeting Agenda. -76- PURCHASE ORDERS BETWEEN $2,600.00 AND $16,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: FEBRUARY 4, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT PENINSULA CONSTRUCTION BROKEN WATER LINE REPAIR WATER REPAIR & MAINT. 6,000.00 ALASKA MUNICIPAL LEAGUE 1/2 MEMBERSHIP DUES LEGISLATIVE DUES & PUBLICATIONS 3,33300 AMERICAN ENVIRONMENTAL WELL REMOVAL OTHER AREAS & BUILDINGS REPAIR & MAINT. 3,000.00 YUKON EQUIPMENT BEARINGS SHOP OPERATING SUPPLIES 2,951.88 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 4,000.00 INDUSTRIAL INSTRUMENT MODEM, ETC. WATER SMALL TOOLS 4,738,57 J NORTHERN TECHNOLOGY SERVER, INSTALLATION LIBRARY SMALL TOOLS 5,806.00 �1 Project Status Report NC Non -Construction RK - Rick Koch F-Future WO -Wayne Ogle LF - Larry Floyd STIP=State Trans. imp k/NC/F/ City Ceotact Project Name Status Srm A WO Airport Runway Safety Project complete except for re -painting. Zone/Extension Completion 6/15/09. A WO AP Apron Rehabilitation Wince-Corthell-Bryson engineering. A WO Courthouse Parking Lot Wince-Corthell-Bryson has submitted final plans and specs for review. A WO OAA Lighting Reconstruction Wince-Corthell-Bryson is engineering. A RK Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring wells. A WO Library Expansion ECl/Hyer, Inc. working on design. A WO Marathon Rd. Impr, Phase II - Baron Park & HEA Access Road. HDL engineering. A RK Marathon Road Improvements Final completion by 5/15/09. Winter shutdown. A WO S. Ames & Basin View Way Wm, J. Nelson is engineering. Paving LID A WO Thompson Park LID Project complete except for minor items in spring. A RK Water System HDL drilling and evaluating test well by Spruce and Second Avenue. Tuesday, January 27, 2009 Page t of 2 i A/MCIf/ City Contact Project Name Status up A WO Wildwood Drive Improvements Preliminary engineering complete. ROW issues. Project on hold. F WO Contaminated Soils - Shop Further work in progress LF WO Vintage Pointe Dry Pipe Reviewing bid documents. Sprinkler System Replacement LF WO Vintage Pointe Window Reviewing bid documents. Replacement Tuesday, January 27. 2009 Page 2 of 2 _79_ 2`009 A aska it - Jar Permit Applicaftn MRP iiroffirmatlnn Mpply iii at wwwlocradiskagesesgadimg rt.yI:J. Coremt JN IIfecr ing, enter In? permRN Phone number '[as inouter Email NJH+.g aedrf55 my A& lip+4 (51 Memben in .barge of tames Members in charge must be natural persons and active members of the organization or employees IT) ay not be Iicensed as an anerator, be a registered pull -tab vendor oran employee of a vendor for Primary member fist name kMi Primary nrmberiasename Sncai 0aynmephonenumber Mobile number I Home mailing audems; City S4OCDt, P-A1"y Sate ILp-r4 AK I �� l Permit M under which test was is Has the primary member passed the ses? lffi]Yes ❑No �'A � I name SecurlMWnuni ed by the organization. Members in charge one alternate, attach a separate sheet. Aiternatememberlast name Mobile number Cro i ata� ; rp— � `Y—C—fyy� 1 AK 1 re`xuy� \ I �Hasthe alternate member passed he un? *es ❑No!Permrunder which test was oken MBP Member AppkantS Allrnemberaopiicantsmusi(I)haveapermitor(2)haveappliedfitapermitforthlsperrso year !'ermite Name of organization Phone number _ la — !Permits Name aforgan¢adon Phone number Permitil ^y I/ Name of organizattonn, �w,y Phone number le —5 lr..: Phone number Legal vuesttons These questions must be answered. If you answer Yes to either question, see Instructions. Oyes, iifo Has any memberofmanagernemoranypersonwhoisresnonslbleforgamingactiviieseverbeenc'onvlaedofafelony,extortlon,OraviolationOralaworommacreofthisstate, or anotheriurisdlction, that is a crime involving theRordistru esty, Ora violation of gambling lawsl Oycs No Does any member of management or any person who is responsible for garting activities have a prohibited conflict of interest as defined by IS AAC 160,95V Wedeclam, underminairyahmsvourIniitimrior vere we have examrhed this entaimisob Including any ormoi menn, and Flint ro the beoofour knowledge anA6elrV it one and mr sokle. na undersrandlex any tMsesfarerventmode on dreapplication arany atrarhnniispunishable by law By ourslynamso below, no, the the phmorymersair, the Worriermember,and liob dpplimblathe manggerofppmes, otttee mallow son Department n;Rerresue Wleriv acyloneodf hetta"Inabyhoyreje scanclati in 75RAC 760934, 1 C f Polish l Primary meal I r � ✓ I aive Ti�r�.i:a.::% tster dl name One copy of the application must be sent to ail appiicable municipalities and boroughs. See instructions for mannatn attachments. Pay unit ne,wiinIOPtatwwwtox.airsies.govGmake chetkpayable toState ofAlas'ka.flew appiirants most nay com,k. Via to Alaska Department of Revenue - 7ais Division • ?0 8m:110420 - Juneau, AK 99811-0420 Phone- (907)46.5-23AC . Fax 19071465- Ot3 • wlvrJ,mxauxfas.gavlyaming 3 9 Retain a copy foryour Damsump �-,m 0405-2.59Ren fWp° for 19C9 • raee I KiT111 MRI nnrre . fM,3VR ni —, 2009 AP MULTIPLE- BENEFICIARY PERMIT APPLICATION g5G Supervisory Employees I I of ii I MI I Last naRl $DCI) $Ui rlv mew'" Orr SEorm/dumber i Fusurnne Mr IA ame First name Vd I Last name social lemony nambet Postoame 1Nil tastrrame Sodal Senrhyaumber Activities Conducted by MBP isany facihtyrented orleasedfromanWIBPmember ' ElNo ❑Yes If Yes, seeinstrurtions. radlity name -.,� Fadllty type(check one) 00wned A` eased 0Donated ! I Game type(s) Proton )�NBieo )1Puli-tahs ❑ other(roodry) Physical address City State Zip+4 C.a awt e*:, c c 4 t�s ec�� L.ivjilr,. U �.. I sic' FaaIlty name1. 'Kiley type( check one) EDOwned r7Loued 0Durritud (Gioncere(s) ❑Bingo ❑hafti ❑?hraehs ❑ Other (specly): physical address Cry Smtz lip+4 Fadlityname r Fadrity type (checE one; ❑Owned Created El Donated �Garretype(sl ❑BNgo ❑Raffiz ❑Pu6-tabs ❑Other (speuF): Pl ialaddress aty State Zip +4 Vend or l nformati an vernAon; rra7 sea# Pull -tabs only. Attach vendor regritrathon form (s) arrdfeets) for each vendor listed below. r Bar arilgcorrtcm name I Physical eddrtss liiiy State i AK �Zlp+4 Bar orliquor one e name Physlal address ,city (State AK Zip i Bator liquor store name 1,15n:21 address Gty State AK Zip +4 Bar or liquor store name I Phyhcai address _ Gry State AK _ Zp+4 Barer liquor Come name anys!oiladArss (hy State AK IDo 4 4 it Bar or llquorsterename Physical address UN Stare AK Gp; 4 Manager ofGameS AsdennedIn15AAC160.995and 15AAC160365. Manager first name. MI Milo agetiasterame Social Semrltynumber � 0eytimc phone number \rkrYSwi. }RS--k�,l I"F4yl. 1. F.SC;,,_ .".Z--.--t i,`7 S. rHome�mmlail�gardl (Ry Crane Zip F Guinn, number ( � - G 4 t""e�L l tlas'hismanage pad hide CesC> Yes Peutdr4 and t whfeh tesr was taken ❑Nat �- Retain a copy for your record, -81- morn OnOC-@i? Rev 10105 `kr 2009-tragc i mow'., M�i j„ 1!urre-sramh r»F• �jyy ''��99¢¢{{ t�QQffprq�q'{�M } j ,�y�y rRntraijl4 _ �Gtyy�Wvi'nTjRntRroa�mypvondy li+J�adealuhao@r �(genlut)ne! '; .+ a r ti � �.� w J-a �' Ur�arlimampnarnrt� 'wea€izapodrt€s, ngaptl t Utv Steple�y Wpra �. ~ E 0tty type ichd bne} 1 oromzmionvoe{itie l 3nxl fop �.el nrtiph .4°p AS US 15.69;l pH IS AAC *,9S6 Artoo m. '9,1CheftpBJa ❑.fra*W ❑Paht¢�PNCa1}!,{°HRi@fr! t tasRners Law. ❑POiirytal j 9ra�1'Flni'4aP(Nt ❑Dog rfiau,ers'®sgdnatiph ©�Oplppallty' ❑Bcnglt�t - -R,�tlUmlly113�('1—,.�VonprP"AjliratieaSt,�la��ii' C1u�erd4>E Li;15141bgdet g6satla;idnih b9aPd no ta4oa 4n _1Hp(ys reAttllaga_ . ,;❑3'es ❑Nn bogs¢lr?umaaaadQnive.Th'ataan+iremembersvidnare�esearesidRiiisasta#mij;dtpg�nurnh"tatjgsntitum�taoar{annfiSl b - M@nbars+nroer4e�uto"@N�lp€1 1 1,5 h�atdlB emDee"llb r ¢p,o�emplwAb ihamm1t(oa1lfy,9dtldgnal�by�the eganNaaonMp6eanCar9em@Ynetha6censtnaS9nnmaw,bA' araglrstereevCidlaot2pdNp149M, 4?,d Yeq'?Jcrigrtltlsar anna�Vpn><fnotaiaa44Ge 01rernete,BStaEn,aswBnteaheeK "9 . ' I = lnma Hna11 nuiht><4' M�btlearilmber {bnpk{mrPilonet�mbRt — - Mabf�ouaibt Po Btay 11r)Qo-imr eau, ky 99811-0420 Phone 007)46fi,-23 4 - N, (907) 465- 3098 ivwwrav 016*a.9ovIgarrung I 21, AK j PehnikkdndFfWhiKfi�?res`twp^taken F>rmlt;fuhtlerr4$irht°stwastakeo LgNp I a*c;'D .+ �Hczthda(tematxmemrDeraa43Comeres[7 Yes ❑No i smust beanswered If You answer Yest9either auestion,seeinstruttiarls; onyparsonwhpaseponaiblefbrgdming ❑Ysl(NeNasenym tterm#aandBemertnraypaslnWheisrefpo itiletOtgzming pt�lmlit Fee Onex rpy d lbe..lppiicBtipFl inuSt be seutcvtile Tne ge mn4eekiased On 2 B'simated. gaarestauuinapiigntbaruigh.Se0in5trUCn9nstdr gms#m:aims.Chnck6i apprnfrwtanN, mrndkoryattamments, ❑ 4ewapplicant 2C Pa+ionlinewith 7OPS at wwwtatolaskanovormake -rh?o SO-M,Q01 � ;Zp j uaysbit to State of Alaska. New aprtircanzs must pay by Check. I t ;ZU,UO tUolow ( i50 I gK -"W"aQ1 al"Am 1 :100 RatMna mpvfm murrecot"tf5' - romirWh S2(�. i •ve'n i+=vltMO" i iD' !215t - -82- .p114y nlam .t.. �ittl ntlptrs _ 4aS1 ate ... } ttl �� AV IC1��r ty>rlihrtk.94jGi payAetyr {'e'�a11tpP1M�)Ivi I .�Uu�n¢nsaJ "�Ddktl }'Z�thgdIXN°#�(~za[ta �(,Ap1mCi[(d:Sic1(duy;Fniknl'�19{a:i�+`jyt�C�i"rL75ti ktial rl[dW teEtip"� �NtiCy�;RO - FaCtl�(ynmM" - jVhkSjf2jMm" Z,(y zfjp> "i —" � asmergArtrnet�tailrhatapairi ; —� �Fa�4tvyp_ICpezita�� �l%wrw mwsgd,,gCagaa;ed L'7GYRAM S ,GK>>J-mhi C AtNronlUaSsIGICalOalf� Animal WassN,�raCr�CQI�, q�ocWlPWipffje'° GrtalwgdpnCl °I, EBa�RE�t"taT(!9 A, f'RbOa��lastAat�Lg �+arYB kubkhbil I Mopneph�if, 4i�me{ga1l��od1�4# i��l i p� .t. .fIVA, *stele- ` :. lia11^9 -- G� ,�� RMi?Ma'64 evCPgam, pg,55kthe TO, K,eN, i'errAtc�urttlaftuitiCnze:i f3k3n t 1 r4 b tip A�ach4 9,vmderfeIolcnform (S)�AdfLWfoferoveitli£oedWipo,, SB;Coil�'yugrszarenase R6y6ltlad8iess __ -- ,. }�h Zip �Snm;... ,Btrnfi(Audh&E oarnk PhyaolatlOW City State 4 4 j B}Prliquprsmmna�e clry _ 53aCg ZIO4A �Rh9s�Cdledtliess A, 6' cgt UBUa`swte ii0tn€ _ �- .v 1 Z0-y+ o crater *r"Mo sri D 51pd6i pfrBf9tw a ueil4 tpfl I at vlk[ES ontheofw m 4�'s 9eh8 . AmEh s e 4praa p roRf att�sJ; If more than onH; eratbf, atT9 a seAarate ShedL pdelaEo�hsmF 6�flhess�m= �Gametype4C) ���ernt6r;ltensek p��r;,��tha��Pw�,��tht#i�or�anlz�b�nrx��stgn�dap�j�ne[shtpd�io,nf�,��tureaq(ee�enf. f (vY�I"nAttiE LrzmCtygejdi� �SP�hrni� N'dication of NetP. 5 D%rfbc iRO.tal[ hoWthe orgarlizOnailuatNeflmprDd*°n mtaem'iDga"tvlfes 19 rW1l`1.N,. I,r ''4-,_y_7. V 326' i Retalria'rn9trfanraurtetatas ,rrOA;-�PL._vnbRd !j'Mtf.cat'Re i. -83- 2009 Alaska / PermitApplication Organization Inf/ r 826 Fedeml8N 9renewlmjenter gaming permitC phoneoumber 59-3794714 907 455- 7 69:4iWl 8 organization name WeLsittadlres ASC Corporation Mailing address cry Stxe Zp+4 199511 PO Box 111911 Anchors e AK Entity e(diedcone) O iratfontype (check one) for definitions,weAS05.15.690 and 15AAE160,995 Smrparatmn 0Oariraw Okaenal OPWIceorfindepamnenr ❑Partnership 06vicroserice Otaw Opolhid ❑Association 0Dog musheriasmdation ❑ManMpaNiy Ondkpous 13Eduatioat ONanpmfirtradeassoandmn Ovemsam 0 Fishoriderby association Othnhoardmotaassotlamn ORVNatW MYes No Doesthe ofyNnitifirt hase25eomremmsberswho— AbW residents as defined mymaMEdesd mbyfays? Members in Charge of Games Members in shamemustbenatmai permnsand aaiee members ottheaaanbatian,ore rplayeesafthemurdcpaNty, anddeggnated tryffieorganiaum Members inchargemaynotbeNcensedasan operamr,be a fmNds orgama no. if morethan oneahemate, eta[hasepararestree4. Primary member first name MI Notarymembolast name name T Louis S Bandirola Social seogrcyrnanh.r 4207 Homemaifingaddress 2616 ➢ou las Hw . 1t 106 cry State Zip+4 Juneau AK 99801 Hasmeprimarymembespassedthetest? E}lYes ONO Permit undo which testwastaken this permit Ahemammemberfirstname ------ MI Ahemaemembniaimame Kevin P Adler Social sea" number Daytimephanenumbo ��.... MO*mambo 907) 345-3048 Hanemailingaddress 11976 Wilderness Drive cry Rate lip+4 Anchorage AK 99516 Nastheakemattmersaerpazsedihetest? M% ONo PoggsfundewtNcNresrwasbken 1777 Legal Questions These questions must be answered. Ifyou answer Yes to eitherquettion, see instructions. OyesIMNo Does any memberofmanagememorairyperms;whs"responsfrleforgarreng OYxINNoHasanymemberofmanagementoranypersonwhoisresponsiMeforgaming activities have a prohibited conflRYdinterest asdefined by15AAC1b0.954? activmeseverbeen convicted ofafeimay,extortion, oraviolation ofataw or ordnance of this state,oranotherjurisdiction, that Is a crime imdving theft or dishorresty, oravioladon of gambling laws? WedecarC anderpermbyoronswomWeacon do wehmeesmmaedthtsOppdcmian,?ncadagagWorkman andtfiatmthebestofaarknowledgeandbelrefithmreandmatirmWeandentand thmarry false statement made on Ne aAakaffm or OW WadmemsisprruMMebylow 6yaarsfgnomresbekw4 wmepwaymmrtre; dcenbmi�menbamrdifopplimt�ffiemamgeafgmr� mc'kow theUeparimenra`Re,rrauemrtmtwomlalminal hoTavrtrmmhare.lnaaardanawtih isAAf iHi93e Pdma re Pruned name Date �p . Louis S. Bandirola Dec. 16, 200 modoafirersl (see] ions) mmednase g� Thomas Malone ec. 13, 2008 ARema[M her in Opmfe Pmmed name Daft ��^I Kevin P Adler Dec. 17, 2008 Manager of Gaming FtlmMmm�e U. Mail to Alaska Department of Revenue -Tax Dhdslon PO Bar 110420 - Juneau, AK 99811-0420 Phone (907)465-2320 • Fax (907)465-3098 w ww. tax al asks goy/gaming 826 1 One cm of the appOatfon most be serrt to the nearest munidpality orbomagh. See instructions for mandatory attachments Pay online with TOPS at www.iox.aAskagavor make clod payable to State of Alaska. New, appikantsmusipay ly check Retain a copy for your records Permit Fee The permit fee Is lased on 20M esfirnated gross rece" Check the appropriate box. In idewappdicant $20 ❑ so-smwo $20 O $20,001-sloo,000 $50 ❑ 5lWlormwe $100 FarmOO.826.1webli n10/08 fm 200 -pages i 0( anboan nm ASC Corporation bamngpmNt! ACASKAGAMINGPERMiidPPLItAT90N GAA4ESOFttiANCEAt�COtt1ESF50FSNilI 826 Facility -based Games (self -directed) lfmarethantwnfaarltrg,aacha Mrate sheet koliryname PlNsial address My Ste AK dp+4 Fadhtytype(meck me) ❑owned Oiem otimaed Gamerot (dierkA tharapdyi OBingo ❑RaMe ORO-tabs .DNdrnddnac(ftlaaa' OMinaldasaicimaee)' ❑speda'duwuHe"' DCA=Pad°' Fatllhyname Moat address CITY AK 20+4 Fadiytype(dtakwe) ❑owned Oleased Maned Gametypatdteh811tha30*1 ❑Battp Mark OPut-rate ❑UMaPOal." -ifdrt;lsirnnaMr "axgmnaMaAvnur,�vavaattMrerm Area -based Games If more than two areas, attach a separate sheet Area Gamegrae(dMdAthaarydy) SEE ATTACMIENT XMUW DC rwofskM OFtdrderby ❑Dogmudle raM Wasac(spedy{ Area GaneW InfuckaA thataw Mile OrDriamof0ft DRsh6aby Mngmni4 wntest DMa0c(speW Manaaer of Games Reouiredonlvforself-diteteduulkabsandWriou, Managerfirn me I IA Managerlasrsme Sotlatseauhy w,mther Dayrk pinarnemonbe Home mailing address EmON Mome PhDne city stare I Zip +4 _ Has ftaaaragrrafganespassarlthetm? Dyes DNo ( PenNtaunduwhldrtesttaken Vendor Information Attach Mvendor registration forms) and fee(s)for each vendor tisted Wow. Baaliquanmrename Phoai address aty state Zp+4 AK aararliquastaename Rod Sure ZO+4 AK Barerllquanaename Physlrat address City sw by+4 AK Bar aliquorm name Phyaal address Lity Sate Zp+4 AK RarM liginrera name.SuAk bF.M.�1.AA W�- .y,+4 K Information it who conduct acwtIes on the Permittee information (MBP) Dedication of Net Proceeds Describe in derail how the otganizatiaOil use the net proceeds fmmgaming activities To provide financial support to non—profit organizations in Alaska, as directed by the ASC Board of Directors, that promote any or all of the principles of charity, unity, fraternity, or patriotism. Organizations such as but not limited to: the Knights of Columbus, Catholic Schools, 826 i Special Olympics,and food banks. Retain a copyforyourremrda FamO4osetc,rwdBvtaoetoZtrm09•pagea ASC Corporation PO Box 111911 Anchorage, Alaska 99511 (907) 455-6769 Raffle tickets would be sold in the following communities where there are Knights of Columbus Councils anchor affiliates. Anchorage Delta Eagle River Fairbanks Haines Juneau A-Flenai Ketchikan Kodiak North Pole Palmer Petersburg Sitka Soldotna Wasilla Wrangell Yakutat Kenai Peninsula. Borough Assembly Agenda February 3, 2009 - 7:00 PM Regular Meefing Borough Assembly Chambers, Soldoma, Alaska IA. CALL TO ORDER Tilli Martin B. PLEDGE OF ALLEGIANCE !ssembly President eat 9 - South Peninsula arm Expires 2009 C. INVOCATION ate Sprague D. ROLL CALL, ssembly Vice Prestaent sal 4 - Soldoma - - arm Expires 2010 E. COMMITTEE REPORTS ant Fischer rsemblyMember F. APPROVAL OF AGENDA AND CONSENT AGENDA :at 7 - Central (All items listed with an asterisk (*) are considered to be routine and non -controversial by the srm Expires 2010 Assembly and will be approved by one motion, There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the ary Knapp Consent Agenda and considered in its normal sequence on the agenda.) ssembly Member at 1 - Kallfornsky G. APPROVAL OF MINUTES arm Easpires 2009 ,; *I. January 20, 2009 Regular Assembly Meeting Minutes ......... I zymumber a. „- Fast Peninsula I;. COMMENDING RESOLUTIONS AND PROCLAMATIONS rm Expires 2009 tarlie Pierce I. PRESENTATIONS RITH PRIOR NOTICE (20 minutes total) sembly Member at$-Sterling/FunnvRiver rm Expires 2011 I I7anna Spring, ( Emergency) g P , I.C.E. In Case ofEmez ene Cell Phone Program 5 minutes) rl Smalley sembly Member J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE z12 - Kenai AGENDA (3 minutes per speaker, 20 minutes aggregate) rm Expires 2011 7 Smith IC. REPORTS OF COMMISSIONS AND COUNCILS sembly Member zt & - Homer ' -m Expires 2011 ry Superman rembly Member it 3 - Nikiski m Expires 2010 February 3, 2009 Page 1 of 5 -87- L. Im N. MAYOR'S REPORT...................................................11 1 February 3, 2009 2. Agreements and Contracts EL Approval of ContractwithBJ Coopes to provide "Pediatric Education for Prehospital Professionals" Instruction for CES ................. 12 b. Approval ofRequest to Waive Formal Bidding Procedures for Design and Layout Services for Kenai River Center ...................... 13 C. Approval of Contract with Change Order to Build Nikolaevsk Fire Sub -Station, Increase of $39,261.41............ ................ 14 d. Approval of Contract with Galaxy Graphics to Provide Design and Layout Services for Planning and Kenai River Center .............. 16 e. Approval of Request for Waiver of Formal Bidding Procedures for Ninilchik Solid Waste Transfer Site Temporary Bulkhead ... , ....... 17 f. Approval of Contract with Arno Construction, Inc, to Provide Temporary Concrete Bulkhead in Ninilchik for Capital Projects ...... 18 g. Authorization to Award Contract for the Management of the Beluga GravelSite.................................................19 h. Approval of Sole Source Request - Annual Maintenance for Unisys Software..................................................20 i fi^1� C^ "^e Regr:Ast - ?.nT:nal n/(irrngnit Clffinr_. i. Approva� o. � .. ......, Licensing...............................................21 C6Zi,M a. Project Reports - December 2008 .............................. 23 b. Mayor's Weekly Reports 12 and 13 ............................. 36 ITEMS NOT COMPLETER FROM PRIOR AGENDA - None PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. 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 Yazd and Appropriating Funds for the Acquisition (Mayor) (Referred to Finance Committee) ............. . ...................... 38 Page 2 of 5 11z:11 2. Ordinance 2008-34: Authorizing the Repeal of an Educational Use Deed Restriction with Reversionary Rights on a Parcel of Land in the City of Seward that was Deeded to the State of Alaska by the Kenai Peninsula Borough (Mayor) (Referred to Lands Committee) ....................... 47 3. Ordinance 2009-01: Amending KPB 5.12.050 and 5.12.055 Regarding Board ofEqualizationProcedures and Eliminating the Sunset Date ofthe Appointed Board of Equalization (Mayor) (Referred to Policies and Procedures Committee).....................................................59 4. Ordinance 2009-02: Authorizing a Five -Year Extension of the Option to Lease Ladd Landing Between the Kenai Peninsula Borough and Par -Rim Coal, LP (Mayor) (Second Hearing on.02/1.7/09) (Referred to Lands Committee).....................................................64 5. 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) (Referred to Policies and Procedures Committee) ...................................... — 74 O. UNFINISHED BUSINESS - None P. NEW BUSINESS Resolutions *a. Resolution 2009-011: Amending the Assembly Manual to Clarify Assembly Committees Procedures and to Conform to Provisions Which Have Been Amended in the Borough. Code (Martin) (Referred to Policies and Procedures Comiittee) .......................... 80 *b. Resolution 2009-012: Designating the Newspaper and Authorizing Award of a Contract for the Publication of the 2009 Property Tax Foreclosure List, and the Delinquent Personal Property Tax and Delinquent Real Property Lease Lists for the Tax Year 2008 (Mayor) (Referred to Finance Committee) ............................. 102 *c. Resolution 2009-013: Requiring the Assembly to Approve the Creation of New Regular Positions to Perform Duties that have been Performed for 18 or More Consecutive Months (Mayor) (Referred to Policies and Procedures Committee) ........................... 105 *d. Resolution 2009-014: Authorizing Community Revenue sharing Program Expenditures for Kalifornsky and Tyonek Communities (Mayor) (Referred to Finance Committee) ...................... 108 February 3, 2009 Page 3 of 5 IN *e. Resolution 2009-015: Requesting the Administration to Provide Monthly Reports Regarding the Status of the Spruce Bark Beetle Mitigation Program (Martin) (Referred to Policies and Procedures Committee) ..... ............................111 *f Resolution 2009-016: Supporting the Submission of Projects for the 2009 Economic Recovery Package (Mayor) (Referred to Legislative Committee) ............................................ .114 2. Ordinances February 3, 2009 *a. Ordinance 2009-05: Amending KPB Chapter 14.31, Special Assessments —Road Improvements (Policies and Procedures Committee) (Shortened Hearing on 02/17/09) (Referred to Policies and Procedures Committee) ....................... .......... 117 *b., Ordinance 2009-06: Amending KPB 22.40,080 to Eliminate Reports of Commissions and Councils from the Assembly's Regular Meeting Agenda (Martin) (Hearing on 03/03/09) (Referred to Policies and Procedures Committee) ....................... :............. 138 *c. Ordinance 2009-07: Con5nning the Assessment Roll for the Moose Range Meadows South Subdivision Utility Special Assessment District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Hearing on 03/03/09) (Referred to Finance Committee) ..................... 141 *d. Ordinance 2009-08: Establishing the Solid Waste Department v m mM Inc) (Referred to P^l;^ rd P Deed, res ayGr),i Gearing on v11111v9)t v. .... Committee) ...............155 *e. Ordinance 2009-02: Creating a Flood Hazard District, Outside the Flood Insurance Rate Map Area, Within the Seward -Bear Creek Flood Service Area to Include the 1986, 1995, and 2006 KPB GIS Mapped Flood Data Areas (Mayor) (Hearings on 02/17/09 and 03/03/09) (Referred to Lands Committee) ....................... 159 *f. Ordinance 2009-10: Authorizing a Negotiated Sale and Exchange of Certain Lands in the City of Homer with Leroy and Doris Cabana at Fair Market Value (Mayor) (Hearing on 03/03/09) (Referred to Lands Committee)..............................................165 4. Other *a. Confirmation ofNew Department Head, Bonita Jane Miller, General Services Director (Referred to Policies and Procedures Committee) .. 184 Page 4 of 5 me *b. Amending the 2009 Assembly Meeting Schedule (Referred to Policies and Procedures Committee) ........................... 188 Q. PUBLIC COMMENTS ANTI) PUBLIC PRESENTATIONS (3 minutes per speaker) R. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. February 17, 2009 Regular Assembly Meeting 7:00 PM Soldotna S. ASSEMBLY COMMENTS T. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted) Ordinance 2008-19-23: Appropriating $550,000 from the Nikiski Fire Service Area Capital Project Fund for Purchase of aNew Type A Fire Engine (Mayor) (Referred to Finance Committee) Tabled 11118108 2. Ordinance 2008-19-37: Appropriating $219,500.28 to the Special Assessment Fund for the South Kalifornsky BeachRoadNatural Gas Line Utility Special Assessment District (Mayor) (Hearing on 03/03/09) (Referred to Finance Committee) 3. 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) 4. 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) U. INFORMATIONAL MATERIALS AND REPORTS S7. NOTICE OF NEXT MEETING AND ADJOup_NMEINT The next meeting of the Kenai Peninsula Borough Assembly will be held on February 17, 2009, at 7:00 P.M. in the Borough Assembly Chambers, SoIdama, Alaska. This meeting will be broadcast on KDLL-FM 97.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K201.40-FM88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. Forfurther information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 478-4441, Ext. 2160. Visit our website at www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions, 3, 2009 M Page 5 of 5 I FEBRUARY 4, 0 ,, •: 1,_. KENAI CITY COUNCIL http://www,ei.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) 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: (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) PASSED UNANIMOUSLY. 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. 2. PASSED UNANIMOUSLY. Ordinance No. 2376-2009 -- Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund Fire Department for a State Grant. 3. PASSED UNANIMOUSLY. 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. 4. PASSED UNANIMOUSLY. Ordinance No. 2378-2009 -- Increasing Estimated Revenues and Appropriations by $5,417 in the General Fund for State Traffic Grant Overtime Expenditures. PASSED UNANIMOUSLY. 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. 6. PASSED UNANIMOUSLY. 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. 7. PASSED UNANIMOUSLY. Resolution No. 2009-02 -- Authorizing the City to Enter Into an Agency Fund Agreement with the Kenai Community Foundation. 8. TRANSFER APPROVED. TRANSFER OF LIQUOR LICENSE -- From Amy Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474. ITEM F: MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of January 21, 0 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. APPROVED. Bills to be Ratified 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. ..%'TRVDV. ED BY CONSENT AGENDA. *Ordinance No. 2381-2009 -- Amending the Development Requirements Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8s Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Mini -Grant Steering Committee ITEM K: ITEM L: d. Advisory Cemetery Committee C. Kenai Convention & Visitors Bureau I. Salmon Task Force City Manager Attorney City Clerk Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RRI) 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.) -- None Scheduled ITEM N: FEBRUARY 4, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS/CHANGES TO THE PACKET ADD TO: E-8: TRANSFER OF LIQUOR LICENSE -- From Amy Bowen, CITY ATTORNEY d/b/a One Stop Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474. CONSENT AGENDA No changes. F`iiDT-1yIorimij-lei zagsj.iDj�jw NAME: ORGANIZATION RESIDENCE ADDRESS/ PHONE NUMBER � IF CITY RESIDENT 4 COUNCIL MEETING OF: M s inunienni SMALLEY ve MOORS ELDRIDGE MOSS MOLLOY BOYLE PORTER ■ �� - �• Lmm M __�M SMALLEY MOORE SMALLEY MOORE ELDRIDGE ROSS MOLLOY BOYLE PORTER SMALLEY ( MOORE ELDRIDGE �j ROSS MOLLOY 00 0® COUNCIL MEETING OF: �4 Is • mAlmll • BOWAN �_ w. ROSSMEN • I I M I S I V I SMALLEY MOORE ELDRIDGI ROSS MOLLOY BOYLE PORTER 000 MOORE ELDRIDGE ROSS MOLLOY BOYLE PORTER COUNCIL MEETING DATE: f Ma or/Council Clerk Attorne City Mana er Taylor/Floyd Kebschull/Carver Police De artment Senior Center Finance Airport Ole Kim Library (2) V1 Parks & Recreation Clarion Fire De artment ✓ Schmidt Mellish Student Re . KSRM AGENDA DISTRIBUTION Sewer Treatment Plant Streets Sho2 Dock Buildin Maintenance Animal Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agendo 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. AGENDA KENAI CITY COUNCIL — REGULAR MEETING ' FEBRUARY 4, 2009 .' � 7:00 P.M. xxxuv sxo KENAI CITY COUNCIL CHAMBERS htb://www.ci.kenai.ak.us ITEMS: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. Ordinance No. 2376-2009 -- Amending KMC 23.50.010(c) Changing the Range that Police Trainees are Paid While at the Police Academy in Silks from a Range 2 to a Range 2, Step F. 2. Ordinance No. 2376-2009 -- Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund Fire Department for a State Grant. 3. 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. 4. Ordinance No. 2378-2009 -- Increasing Estimated Revenues and Appropriations by $5,417 in the General Fund for State Traffic Grant Overtime Expenditures. 5, 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. 6, 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. 7. Resolution No. 2009-02 -- Authorizing the City to Enter Into an Agency Fund Agreement with the Kenai Community Foundation. 8. TRANSFER OF LIQUOR LICENSE -- From Amy Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474, ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15000. 3. *Ordinance No. 2381-2009 -- Amending the Development Requirements Table in KMC 14.24.020 to Provide for Front Setbacks of Twenty -Five (25) Feet, Side and Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG) and Central Mixed Use Zones (CMU). EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http..//www.ci.kenai_ak.us. Carol L. Frees, City Clerk D/211 CITY OF KENAI NOTICE OF PUBLIC HEARING FEBRUARY 4, 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 February 4, 2009. 1. 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. 2. Ordinance No. 2376-2009 -- Increasing Estimated Revenues and Appropriations by $4,000 in the General Fund Fire Department for a State Grant. 3. 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. 4. Ordinance No. 2378-2009 -- Increasing Estimated Revenues and Appropriations by $5,417 in the General Fund for State Traffic Grant Overtime Expenditures. 5. 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. 6. 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. 7. Resolution No. 2009-02 -- Authorizing the City to Enter Into an Agency Fund Agreement with the Kenai Community Foundation. 8. TRANSFER OF LIQUOR LICENSE -- From Amy Bowen, d/b/a One Stop Liquors to Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4474. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to.legal-limitations, ordinances may be amended by the Co cil prior to adoption without further', �ublic notice. Carol L. Freas, Kenai City Clei-k ° Posted: January 30, 2009 ij � '