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HomeMy WebLinkAbout2009-06-11 Airport Commission PacketKENAI AIRPORT COMMISSION JUNE 11, 2®09 KENAI CITY ryCOUNC%L CHAMBERS b :®® P~M• A6ZENDA ITEM 1: CALL TO OR73ER AND ROLL CALL ITEM 2: AOENDA APPROVAL ITEM 3: APPROVAL OF PdIEETINO SUMMARY -- May l4, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Fuel Flowage Fee ITEM 6: ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for May 20 and June 3, 2009. b. Float Plane Basin Activity Report c. Landing Fee Schedule Memorandum d. Proposed Minimum Standard Requirements e. Ordinance No. 2413-2009 with Memorandum from Finance Director ITEM 11: ADJOURNMENT PLEASE CONTACT US IF YOU ILL NOT 8E ABLE TO ATTEN® THE MEETING: CAROL -- 283-8231 OR MARY -- 283-7951 It~n 3. KENAI AIRPORT COMMISSION MAY 14, 2009 I{ENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- Apri19, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Olieia Pfeifer -- Caring for the Kenai -- "Better Bird Control" ITEM 5: OLD BUSINESS ITEM ~: NEw BUSINESS a. Discussion/Recommendation -- Lease Application -- Kenai Hangar LLC b. Discussion/Recommendation -- Amendment to Lease -- Dan O. Pitts ITEM 7: .REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMYSSIONER COMMENTS AND OUESTI®1~Is ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: a. Kenai City Council Action Agendas for April 15 and May 6, 2009. b. Airport Permanent Fund Quarterly Investment Report. o. Airport Manager's Monthly Report -- April 2009. d. April 2009 Enplanement ITEM 11: ADJOURNMENT KENAI AIRPORT COMMISSION MAY 14, 2009 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. J. Zirul, J. Bielefeld, H. Knackstedt, E. Mayer, G. Feeken L. Porter, D. Haralson Airport Manager M. Bondurant, Council Member B. Eldridge ITEM 2: AGENDA APPROVAL MOTION: Commissioner Zirul MOVED to approve the agenda as presented and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 9, 2009 MOTION: Commissioner Zirul MOVED to approve the meeting summary of April 9, 2009 and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. YTEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Olivia Pfeifer -= Caring for the Kenai -- "Better Bird Control" Pfeifer gave a presentation on her first place project in the "Caring for the Kenai" compefition and requested funding to begin the project this summer. The Commission requested the Airport Manager look for financial support for the program. ITEM 5: OLD BUSYNESS -- None ITEM 6: NEW BUSINESS 6-a. Discussion/Recommendation -- Lease Application -- Kenai Hangar LLC Airport Manager Bondurant noted Aaron Murray, representative of Kenai Hangar LLC was in the audience and general discussion followed. MOTION: Commissioner Zirul MOVED to recommend approval of the lease application and Commissioner Mayer SECONDED the motion. There were no objections. SO ORDERED. 6-b, Discussion/Recommendation -- Amendment to Lease -- Dan O. Pitts Bondurant gave a history of the request. Commissioner comments included: • Support the changes in land uses. • Did not support the City telling the leaseholder what could be charged for parking. MOTION: Commissioner Bielefeld MOVED to recommend approval of the lease amendment with the following change: Strike sentence two in paragraph four that referred to rates charged for vehicle parking. Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7-a. Commission Chair -- Knackstedt reminded the Commission of the work session on fuel flowage fees on May 20, 2009 at 5:30 p.m. and reviewed the ceii tower ordinance being submitted by the Planning and Zoning Commission. 7-b. Airport Manager -- Bondurant reported on the status of Air Fair, provided handouts to the commissioners, and noted the Airport had received more stimulus and discretionary money. ?-c. City Council Liaison -- Council Member Eldridge reviewed the action agenda items of the May 6, 2009 City Council meeting which was included in the packet. ITEM 8: COMMISSIONER COMMENTS AND OUESTYONS Bielefeld -- EAA was on task for the Air Fair breakfast. Mayer -- Would like to look at other alternatives for hazing. AIRPORT COMMISSION MEETING MAY 14, 2009 PAGE 2 Zirul -- Noted the Supplemental Planning Assessment of 2007 recommended the Airport Commission be given the task of looking into ways to make the airport self- sustaining. ITEM 9: ITEM 10: 10-a. 10~b. 10-c. 10-d. ITEM 11: MOTYON: PERSONS NOT SCHEDULED TO BE HEARD -- None ENFORMATYON ITEMS Kenai City Council Action Agendas for April 15 and May 6, 2009. Airport Permanent Fund Quarterly Investment Report. Airport Manager's Monthly Report -- April 2009. April 2009 Enplanement ADJOURNMENT Commissioner Mayer MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:15 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk AIRPORT COMMISSION MEETING MAY 14, 2009 PAGE 3 Item'I b. Airport Manager's Monthly Report May 13, 2009 Stn Annual Kenai Peninsula Air Fair, May 30 -Airport staff and volunteers are very busy evifh preparations. The posters, postcards, and t-shirts have been finalized and are available. Committee members will be on Sound Off and also be interviewed by Meryl Zagorski for KSRM. The poker run rules and registration are available at www.kenai.air ort.com. If you can volunteer or have ideas to ensure our event is a great one please contact us. Valcano Preparedness: The AVO people will be available during the Air Fair on May 30. They are inviting City Council and Airport Commission to a tour of the volcanic ash radar equipment. Airport Projects: Apron Rehabilitation Project -The FAA notified us of the availability of additional funds which Lvill fund the entire apron rehab in 2009. $2.9 million dollars of this project is American Recovery and Reinvestment Act funds and the balance is Airport Improvement (AIP) funds through entitlement and discretionary money. Spring Clean Up: Airport staff is continuing with cleanup. The terminal is being painted inside and out, and the parking lots and roadway will be repainted. Alaska Airmen's Trade Show -The Airport Manager afternded the trade Shaw in Anchorage on May 1,2,& 3 promoting the airport and the air fair. Attendees expressed interest in lease lots and t-hangars at the airport. 2008-12 Municipal Airport I#~IOn I~ENAI CITY COUNCIL -REGULAR MEETING MAY 2®, 2009 a:oo P.M. I4ENAI CITY COUNCIL CHAMBERS http:/ fwww.ci.kenai.ak.us ITEM A: CALL TO ORDER Pledge of Allegiance Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance N®. 2395-2009 -- Increasing Revenues and Appropriations by $2,415,000 in the Airport Apron Rehabilitation--Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package." (Clerk's Note: Ordinance No. 2395-2009 was postponed, no time certain, at the April 1, 2009 council meeting. The motion to adopt is active.) a. PASSED U1VARIYNIOUSLh Substitute Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,888,252.65 in the Airport Apron Rehabilitation -Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package. 2. Ordinance N®. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." (Clerk's Note: Ordinance No. 2396-2009 was postponed as amended with Substitute Attachment B, to the May 20, 2009 council meeting. The motion to enact is active.) a. MOVED FOR ADOPTION AND POSTPONED NO TIME CERTAIN. Substitute Ordinance 1Vo. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." 3. Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks from Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair from Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and; 5) Require Tattoo Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH). a. Substitute Ordinance IQo. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries From Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services, and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District and Limited Commercial Zone (TSH). b. MOVED AND POSTPONED. Substitute B Ordinance Ido. 2403- 2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Sorne Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries From Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and; 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH) and Limited Commercial Zone (LC). AMENDED AND PASSED UNANIMOUSLY. Ordinance No. 2404-2009 -- Authorizing aBudget Transfer of $11,000 Within the General Fund/Non- Departrnental Account and Increasing Estimated Revenues and Appropriations by X11,000 to Provide for Funding to the Kenai Convention and Visitors Bureau to Compensate It for Lost Revenue Due to the Four-Month Closure of the Kenai Visitors and Cultural Center (the "Center") for Repairs to the In-Floor Heating System. PASSED UNANIMOUSLY. Ordinance No. 2405-2009 -- Increasing Estimated Revenues and Appropriations by X8,590.27 in the General Fund for Reimbursement Received on the Kenai Historic Cabin Move Project. PASSED UNANIMOUSLY. Ordinance No. 2406-2009 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. 7. PASSED UNANIMOUSLY. Ordinance No. 2407-2009 -- Increasing Estimated Revenues and Appropriations ir. the Airport Fund for Costs in Excess of Budgeted Amounts. 10. PASSED UNANIMOUSLY. Ordinance No. 2408-2009 -- Increasing Estimated Revenues and Appropriations in the Water & Seiner Fu?~d for Costs in Excess of Budgeted Amounts. 11. PASSED UNANIMOUSLY. Ordinance No. 2409-2009 -- Increasing Estimated Revenues and Approprialions by $1,092.40 in the General Fund for Datamaster Training Reimbursements from the Alaska Highway Safety Office (AHSO). 12. Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. a. MOY'ED AND POSTPONED TO 6/3/09. Substitute Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing Juiy 1, 2009 and Ending June 30, 2010. 13. PASSED UNANIMOUSLY. Ordinance No. 2411-2009 -- Increasing Estimated Revenues and Appropriations by $175,000 in the Water and Sewer Fund and Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water and Sewer Extension Capital Project Fund. 14. PASSED UNANIMOUSLY. Resolution No. 2009-19 -- Dedicating Monies Received From Facility User Fees for Use of the Alaska Fire Training Center for Major Maintenance of the Center. 15. PASSED UNANIMOUSLY. Resolution No. 2009-20 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Rehabilitate Apron 2009-2010 for the Total Amount of $2,578,797.65 Which Includes the Basic Bid Schedule 1 and Additive Alternates 1, 2, and 3. 16. PASSED UNANIMOUSLY. Resolution No. 2009-21 -- Awarding the Bid to Kachemak Electric for LED Streetlight Installation - 2009 for the Total Amount of $1,038.00 Per Fixture Furnish and Install. 17. PASSED UNANIMOUSLY. Resolution No. 2009-22 -- Supporting an Alaska Department of Transportation & Public Facilities (ADOT/PF) Project to Renovate and Improve Beaver Loop Road and Construct a Separated Pedestrian Pathway Along Beaver Loop Road. 18. MOVED AND POSTPONED TO 6/3/09. Resolution No. 2009-23 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commending July 1, 2009 and Ending June 30, 2010. ITEM F: MINUTES APPROVED. *Regular Meeting of May 6, 2009. ITEM G: UNFYNISHED BUSINESS ITEM H: NEW BUSINESS Ratification of Bills -- None. 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED. *Ordinance No. 2412-2009 -- Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. 4. INTRODUCED. *Ordinance No. 2413-2009 -- Increasing Estimated Revenues and Appropriations by $350,000 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. 5. INTRODUCED. *Ordinanee No. 2414-2009 -- Amending the Land Use Table in KMC 14.22.010 for the Limited Commercial Zone (LC) by Listing Which Personal Services Require Conditional Use Permits (C) and Which Are Principal Permitted Uses (P). 6. NOT APPROVED. Discussion -- Connex Placement/Kenai Convention 8v Visitors Center Property. ITEM I: COMM%SSION/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 d. Advisory Cemetery Committee e. Kenai Convention ~ Visitors Bureau f. Salmon Task Force ITEM ,T: REPORT OF THE MAS'OR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council YTEM M: PENDYNG LE('aYSLATYON (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 (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 further consideration of a salary increase during the budget FYIO 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.) ®rdinanee IQ®. 2394-2009 -- Increasing Estimated Revenues and Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, at the April 1, 2009 council meeting. The motion to adopt is active.) ®rdinane~ hlo. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. (Clerk's Note: Ordinance No.2 398-2009 was postponed, no time certain, at the May 6, 2009 council meeting.) EXECUTIVE SESSI®1V -- None Scheduled ITEMI N: AUJOUI2NIVIENT I KENAI CITY COUNCIL -REGULAR MEETING JUNE 3, 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 *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARYNGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2403-2009 (Substitute B) -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries Frorn Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District and Limited Commercial Zone (TSH). (Clerk's Note: A motion was made to enact Ordinance No. 2403-2009, Substitute B and then action was postponed, no time certain, at the May 20, 2009 council meeting. The motion to enact Ordinance No. 2403-2009, Substitute B is active.) a. SLIDSTITUTED AND POSTPONED, NO TIME CERTAIN. Ordinance No. 2403-2009 (Substitute C) -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries Frorn Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH) and Tattoo Parlors, Massage Therapists, Dry Cleaners and Self-Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). 2. PASSED UNANIMOUSLY. Substitute Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. (Clerk's Note: At the May 20, 2009 meeting, a motion to adopt Substitute Ordinance No. 2410-2009 was made and then action was postponed to June 3, 2009. The motion to adopt Substitute Ordinance No. 2410-2009 is active.) 3. POSTPONED NO TIME CERTAIN. Ordinance No. 2412-2009 -- Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. 4. Ordinance No. 2413-2009 -- Increasing Estimated Revenues and Appropriations by $350,000 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sates Permanent Fund. a. SUDSTITUTED AND PASSED UNANIMOUSLY. Substitute Ordinance No. 2413-2009 -- Increasing Estimated Revenues and Appropriations by X283,044.08 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. 5. FAILED UNANIMOUSLY. Ordinance No. 2414-2009 -- Amending the Land Use Table ih KMC 14.22.010 for the Limited Commercial Zone (LC) by Listing Which Personal Services Require Conditional Use Permits (C) and Which Are Principal Permitted Uses (P). 6. PASSED UNANIMOUSLY Resolution No. 2009-23 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commending July 1, 2009 and Ending June 30, 2010. (Clerk's Note: A motion to adopt Resolution No. 2009-23 was made at the May 20, 2009 council meeting and then action was postponed to June 3, 2009. The motion to adopt Resolution No. 2009-23 is active.) 7. PASSED UNANIMOUSLY. Resolution No. 2009-24 -- Authorizing Sharing Cost Savings From the Calendar Year 2008 Health Insurance Plan with Employees. ITEM E: MINUTES APPROVED BY CONSENT AGENDA. *Regular Meeting of May 20, 2009. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2415-2009 -- Amending the Regulation of Smoking in KMC 12.40 by Including Definitions for "Businesses" and "Health Care Facilities," by Permitting Businesses to Post and Maintain Their Premises as Non-Smoking Establishments; Prohibiting Smoking in Health Care Facilities and Requiring Health Care Facilities to Have aSmoke-Free Buffer in Entryways; and, Prohibiting Smoking at Posted Outdoor Events and Prohibiting Smoking Within a Reasonable Distance From Outside Areas Where Smoking is Prohibited. 4. INTRODUCED BY CONSENT AGENDA. *Oxdinance No. 2416-2009 -- Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070. 5. INTRODUCED BY CONSENT AGENDA. *Ordinance No. 2417-2009 -- Authorizing aBudget Transfer of $25,000 Within the General Fund and Increasing Estimated Revenues and Appropriations by $25,000 to Provide for Additional Funding for the Kenai Dock Improvements Project. 6. PLACE ON OCTOBER 6 2009 GENERAL ELECTION BALLOT. Discussson -- Referendum Petition/Setting for Election ITEM H: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v Recreation Commission 6. Planning 8v 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 g. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM I{: 1. Citizens (five minutes) 2. Council ITEM L: 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 (RR1) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From X900 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 0 budaet 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 mooed 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 identifijing those items to codify.) Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, at the April 1, 2009 council meeting. The motion to adopt is active.) Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." (Clerk's Note: Ordinance No. 2396-2009 was substituted and postponed, no time certain, at the May 20, 2009 council meeting. The motion to adopt is active.) Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Projects F1and for Capital Improvements. (Clerk's Note: Ordinance No.2 398-2009 was postponed, no time certain, at the May 6, 2009 council meeting.) EXECUTIVE SEuSION -- Annual Evaluations of City Clerk and City Attorney; Litigation; and, Attorney Recruitment ITEIVI M: AI,JOURNMENT ~- Ddb. FL T PLANS SIN TIVITI( 2®05 - ~0®~ __®®®~..~__----- m---®-®--------- ®P~RATI~NS ®®®~®- -®-- Month 2009 2008 2007 2006 2005 APRIL Closed 0 0 0 2 MAY 118 66 0 99 114 JUNE 118 72 151 317 JULY 242 178 265 327 AUGUST 192 221 251 238 SEPTEMBER 119 173 136 227 OCTOBER 48 30 51 100 NOVEMBER Closed Closed Closed Closed TotaC ~`~~ ~m.~~ _, 785 6~4 953 1325 ---®®®~~~®~ .®~e..®~ ----m ®~~o *not reparted ~o---- ®--- -®- __®__Fl1EL SALES Month zoos 2006 zoo? Zoos 2005 MAY $388 $561 $0 $0 $1,035 JUNE $3,443 $988 $909 $3,101 JULY $3,252 $2,660 $3,138 $3,461 AUGUST $3,506 $2,721 $2,023 $3,305 SEPTEMBER $1,735 $2,493 $2,051 $2,811 OCTOBER $100 $162 $297 I $693 Slips Rented Private 9 Commerical 0 Rev 6/2008 n Municipal AYrporB 305 H. WILY-01N ST. SU19'E Z00 F~P1AI, ALASKA 93611 TELEPHONE907-28&7951 FAX ~7-2833737 To: Airport Commission ,~ y From: Mary Bondurant -Airport Manage-~~' ®ate: June 4, 2009 Subject: Landine,/ Fee ScOredu/e KMC 21.050.40 gives the City Manager authority to regulate the manner in which the airport is operated with reference to safety, accommodation, user fees, and service to the public. Landing fees are actually user fees and a commonly accepted and fair method to raise airport revenues. fn the City Administration's continuing efforts to reduce deficits and allow the airport to meet ever-increasing operation costs, the City Manager's proposes to amend the landing fees as described below. 2008 2009 2010 2011 2012 _ _ Si natory _ _ $1.00 $1.10 $1.21 $1.33 $1.46 Non-Signatory & other aircraft over 4,000 Ibs $1.30 $1.43 $1.57 $1.73 $1.90 CGTOW Cc: Rick Koch -City Manager www. KenaiAirport. com City of Kenai Kenai Municipal Airport 305 N. Willow, Suite 200 Kenai, Alaska 99611 m ~ t-_ ~' F~ _, ~ i r .,.._ ..,, . -, s LS <.; 7 ~.. _ ~ ._...- MINIMUM STAN®AR® 12EC~UIREMENTS F ANAUTICAL ERVICE AT ENAI MUNICIPAL AIRP T Effective , 2009 SECTION I STATEMENT OF POLICY The City of Kenai, as the Owner and operator of the Kenai Municipal Airport, hereby gives notice of the following as a statement of the Minimum Standards for Aeronautical Services at the Airport. These Minimum Standards are based on the City of Kenai Airport Regulations and Title 21 of the Kenai Municipal Code. These standards are intended to be the threshold entry requirements for those wishing to provide aeronautical services to the public at the Airport and to insure that those who have undertaken to provide aeronautical services are not exposed to unfair or irresponsible competition. These Minimum Standards were developed taking into consideration the aviation role of the Airport, the facilities that currently exist at the Airport, the services being offered at the Airport, the future development of the Airport, and the City's obligations as an Airport Improvement Program Sponsor under 14 C.F.R. part 152. The uniform application of these Minimum Standards relates primarily to the public interest and discourages the offering of substandard services to users of the Airport. SECTION II NON-APPLICAEILITY These Minimum Standards do not apply to air carriers operating scheduled or non- scheduled passenger service to or from the Airport who have signed an Airline Operating Agreement and Terminal Area Lease. SECTION III DEFINITIONS Aeronautical Service means any service that involves, makes possible or is required for the operation of aircraft, or that contributes to or is required for the safe operation of aircraft on the Airport, and is operated by a person under a land lease or business activity permit with the City. These services include, but are not limited to, air taxi and charter operations, pilot training, aircraft renting, sightseeing, aerial photography, aerial advertising, aerial surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft, or sale of aircraft parts and rental of aircraft storage. Airport means the Kenai Municipal Airport, and all of the City-owned property, buildings, facilities and improvements within the exterior boundaries of the Airport Reserve defined under KMC 21.05.010 and KMC 21.05.030, as it now exists or as it may hereinafter be extended, enlarged or modified. Airport Manager means the Official to whom the City Manager has delegated the authority and responsibility of managing and directing the activities of the Airport. "Airport Manager" includes the Manager's authorized representative. C~ means the City of Kenai, a home rule municipal corporation of Alaska. FAA means the Federal Aviation Administration. FBO means "Fixed Base Operator", an aviation business operating an aeronautical service at the Airport from a fixed location on land leased from the City. CMGTW means the certificated maximum gross takeoff weight of an aircraft as established by the [FAA] manufacturer. Fuel means gasoline, propane, turbine fuel, or any other liquid combustible used to power aircraft motors vehicles or ground support equipment. KMC means the Kenai Municipal Code. 2 of 6 Minimum Standards means the standards established by an airport owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical service on the airport. Person means an individual, corporation, government or governmental subdivision, partnership, association, or other entity legally capable of entering into a contract. SECTION IV MINIMUM STANDARDS FOR FEO'S The following shall apply to all prospective aeronautical service providers wishing to become FBO's at the Airport: 1. Leases shall be for a term determined by the City under KMC 21.10.090 on the basis of the applicant's proposed financial investment in permanent improvements on the premises to be leased. 2. An applicant must demonstrate, to the satisfaction of the City, that the applicant has sufficient experience, knowledge, certifications, and licensing to be reasonably capable of lawfully and successfully operating the aeronautical services proposed by the applicant. 3. An applicant must demonstrate, to the satisfaction of the City, that the applicant has adequate financial resources to complete the construction of the proposed improvements nn the proposed premises and to successfully operate the proposed FBO business. 4. The applicant shall lease from the City at least 30,000 square feet of land on the Airport as the location for the applicant's proposed FBO business. Regardless of this minimum, the applicant must lease enough land to provide adequate space, as determined by the City, to accommodate the applicant's building, aircraft parking, customer vehicle parking, and employee vehicle parking needs. 5. As a condition of the lease, the applicant must a. invest at least $100,000 in buildings and other permanent improvements on the premises in support of the applicant's proposed FBO business. b. operate the proposed FBO business on a continuous basis throughout the term of the lease, uninterrupted by any period of closure over 15 consecutive days or 30 aggregate days within any 12-month period unless the business is by 3 of 6 nature is seasonal. c. have personnel in attendance on the premises during all operating hours who are qualified to perform the service offered by the proposed FBO business. d. indemnify the City and maintain insurance coverage, as required under the lease. The applicant must pay all fees and rents applicable to the applicant's FBO business as imposed by the City under the City's Airport Regulations and KMC Title 21. SECTION V THROUGH THE FENCE OPERATIONS A person or business located off the airport that has direct access to airport operational areas and supports aircraft or air cargo operations, or performs any of the activities covered in this minimum standards document within the airport. Athrough-the-fence operator does not operate from a fixed location within the airport. Minimum Standards 1. Such person or business shall have a written agreement with the Airport Manager for the access from their property, and will meet all requirements of on field FBO's as regards insurance, personnel and equipment as well as all other minimum standards. 2. Such written agreement shall include provision for payment of an access fee, as applicable, as established for such type activity by the Airport. An access fee ensures that those commercial activities that are using the airport to conduct their business to earn a profit are participating in the cost of maintaining the airport. Also, to ensure they are maintaining safe operations and minimum standards while using the airport. SECTION VI APPLICATION INFORMATION Persons interested in operating a FBO or providing a mobile aeronautical service on the airport should contact the Airport Manager at: Kenai Municipal Airport 305 N. Willow, Suite 200 Kenai, Alaska 99611 Telephone: 907 283-7951 4of6 APPENDIX INSURANCE REQUIREMENTS The following is the City's indemnification and insurance requirements: Indemnification and insurance. (a) All land leases shall include a provision requiring the lessee to indemnify the City from claims related to the lease and the lessee. (b) Except as provided in (c) of this section, all land leases shall require the lessee to provide insurance coverage of the following types and minimum coverage limits. If a lessee's policy contains higher limits, the City will be entitled to coverage to the extent of the higher limits. (1) Commercial General Liability, including premises, all operations, property damage, personal injury and death, broad-form contractual, with aper- occurrence limit of not less than $1,000,000 combined single limit. If the lease authorizes the lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the policy must include an endorsement under which the insurer extends coverage to the lessee's fuel handling activities. The policy must name the City as an additional insured. (2) CommerciaB Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover a01 owned, hired, and non- owned motor vehicles the lessee uses on the Airport. (3) Workers Compensation Insurance for all the lessee's employees, coverage as required under AS 23.30.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. (4) Products and Completed ®perations Liability Insurance. If the (ease authorizes the lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the lessee shaiB provide Products and Completed Operations liability Insurance in at least the following coverage limits: A. $100,000 bodily injury combined single limit per occurrence; B. $300,000 bodily injury aggregate; and C. $100,000 property damage combined single limit per occurrence. (c) The City Manager may, with the counsel of the City Attorney, waive or reduce the insurance requirements under (b) of this section fora (ease granted for strictly non- commercial, individual use purposes. (d) The lessee will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured. All insurance required by this section must provide that the City be notified at least 30 days prior to any termination, cancellation, or material change in the insurance coverage. 5 of 6 (e) A lease shall include a provision allowing the City, at intervals of not less than five (5) years from the beginning date of the term of the (ease and upon written notice to lessee, revise the insurance requirements required under the Lease. The determination to revise the insurance requirements will be made by the City Manager with the counsel of the City Attorney and shall be based on the risks relative to the lessee's operations, any insurance guidelines adopted by the City, and any change in applicable law. (f) If a Lessee subleases all or a portion of the premises under the provisions of this lease, the lessee will require the sublessor to provide the above insurance coverage required under these standards. 6 of 6 ZteM ioe ~~ ~\ tid~~ CITY OF KENAI SUBSTITUE Suggested by: Administration ORDINANCE NO. 2413-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $283,044.08 IN THE AIRPORT LAND SALES PERMANENT FUND AND BOTH INCREASING AND DECREASING ESTIMATED REVENUES IN THE AIRPORT FUND FOR FUNDS RECEIVED FROM THE AIRPORT LAND SALES PERMANENT FUND. WHEREAS, prior to Ordinance 2326-2008 all investment earnings of the Airport Land Sales Permanent Fund were budgeted and reported as investment earnings in the Airport Fund; and, WHEREAS, Ordinance No. 2326-2008, KMC 7.30.020, changed the investment methodology for the Airport Land Sales Permanent Fund; and, WHEREAS, Ordinance No. 2326-2008, KMC 7.30.020, requires all investment earnings to be reported in the Airport Land Sales Permanent Fund and then allows for a percent of market value of the fund to be transferred annually to the Airport Fund for operations; and, WHEREAS, the allowable transfer amount for the policy's first is restricted to 5% of the funds value at the time of 2326-2008's passage ($17,404,406) or the funds actual earnings through May 31, 2009 which ever is less; and, WHEREAS, the actual funds earnings of X283,044.08 is less than $870,220, 5% of the funds balance at the passage of Ordinance 2326-2008; and, WHEREAS, earnings on the Airport Land Sales Permanent Fund previously budgeted as investment earnings in the Airport Fund are no longer proper and should be shown as a transfer from the Airport Land Sates Permanent 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 Land Sales Permanent Fund Increase Estimated Revenues: Investment Earnings X283,044.08 Increase Appropriations Transfer to Airport Fund $283,044.08 New Text Underlined; [DELETED TEXT BRACKN TED] Ordinance No. 2413-2009 SUBSTITUTE Page 2 of 2 Airport Fund Increase Estimated Revenues: Transfer From Airport Land Sales Permanent Fund $283,044.08 Decrease Estimated Revenues: Investment Earnings $283,044.08 PASSED BY THE COUNCIL OF THE CITY OF KE AI L SKA this third day of June, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, ity Clerk // ~ Approved by Finance: ~ ~i_--~- Introduced: May 20, 2009 Adopted: June 3, 2009 Effective: June 3, 2009 New Text Underlined; [DELETED TEXT BRACKETED) "I/illaa~e wit~t a Past Gc~ wit~i a Fr~tuv°e" -,~ ~'~ ~ i FINANCE DEPARTMENT -" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 f Telephone: 907-283-7535 ext 221 /FAX: 907-283-3014 tyre u v KENAA~ SKA ~~ To: Rick I~oeh, City Manager ~~From: Terry Eubank, Finance Director Date: June 2, 2009 Re: Ordinance 2413-2009 -Substitute Since introduction of Ordinance 2413-2009 the valuation date of the policy has passed and actual values are now Irnown. The substitute being provided takes into account the actual earnings of the fund. For the eight and one-half months ending May 31, 2009 the portfolio earned $314,719.30 and paid $31,675.22 in management fees for net earnings of $283,044.08 an annualized rate of 230%. KMC 7.30.020 limits the first year's transfer to 5% of the fimds value at the time of passage of Ordinance 2326-2008 or actual earnings through that May 31, 2009. The actual net earnings of $283,044.08 are less than $870,220 5% balance, thtirs making $283,044.08 available for transfer. Three changes have been made to Ordinance 2413-2009 to create this substitute. The amount $17,221,464 in the 'PitYh whereas has been change to $17,404,406. the original amount only included the value of securities transferred and mistakenly did not include the additional cask that was transferred at the time of implementing Ordinance 2326-2008. The $17,404,406 amount represents the total value of the Airport Lands Sales Permanent Fund at the time of passing Ordinance 2326-2008. With the first change it became necessary to change $$61,073 in the fifth whereas to $870,220 which represents 5% o'f $17,404,406 rather than 5% of 17,221,464. The final change replaced $350,000 in the body of the document with $283,044.08 (in total 6 replacements weie made).