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HomeMy WebLinkAbout2009-04-15 Council PacketCOUNCIL MEETING DATE: 1F//61 Mayor/Council Attorney Ta for/Flo d ✓ Clerk City Mana er Kebschull/Carver Police Department Finance Ole Senior Center ✓ Air ort ✓ Kim Library (2) ✓ Parks & Recreation ✓ Clarion Fire De artment ✓ Schmidt ,✓ Mellish Student Re . ✓ KSRM 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/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend, COUNCIL MEETING OF: Page / r, rI 01 man - 000 PORTER'SMALLEY ==� ••- =_ ELDRIDGE A*SS MOLLOY of BOYLE 00 JOIJN 3ON BOYLE_ PORTERSMALLEY RE r• r ��, tl WM �� :• ' imill' SMALLEY MOORE r - r ' i C MOLLOY COUNCIL MEETING OF: NAME ADDRESS TOPIC Agenda or -.0 C ry 11 �eE Lamfrz{. r _ /�?� ��- Non -Agenda Item? 317 Of 39 TESTIMONY SIGN -IN SHEET NAME ORGANIZATION RESIDENCE ADDRESS/ PHONE NUMBER � IF CITY RESIDENT AGENDA KENAI CITY COUNCIL — REGULAR MEETING APRIL 15, 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) 1. Duane Bannock, Director, KPB Spruce Bark Beetle Program -- Program Update........................................................................................................... 2. Margaret Coleman, Executive Director, Haven House -- Child Advocacy Center/Homer/Program Update.. .................................................................... 3. Olivia Pfeifer, KCHS Student -- Caring for the Kenai Presentation, 'Better BirdControl".................................................................................................. 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 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" ......................................... 2. Discussion (no Council action required but public testimony will be taken) -- Justice Assistance Grant Program Participation ............................................ ITEM F: MINUTES 1 H 5 21 1. *Regular Meeting of April 1, 2009.................................................................. 35 ITEM G: ITEM K: 1. Ratification of Bills......................................................................................... 55 2. Approval of Purchase Orders Exceeding$15,000.............................................. 56 3. *Ordinance No. 2397-2009 -- Increasing Estimated Revenues and Appropriations by $65,750 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Construction ............................. 58 4. *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 Fund for Capital Improvements ........................... 61 5. *Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,221.96 in the General Fund for Library Travel and Transportation............................................................................................. 63 6. *Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures................................................................................................ 64 7. *Ordinance No. 2401-2009 -- Increasing Estimated Revenues and Appropriations by $853.55 in the General Fund for Forensic Computer Training from Internet Crimes Against Children(ICAC)................................................ 65 8. *Ordinance No. 2402-2009 -- Authorizing a Budget Transfer of $5,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by $5,000 to Provide for Additional Funding for the Soccer Park Maintenance Building Project ........................................... 66 9. Approval -- Assignment of and Amendment to Lease -- ZYX Holdings Incorporated and Franklin G. Wortham and Charles B. Versaw, Individually to Arctic Barnabas Ministries, Inc./Lot 5, Block 5, Amended Plat of General AviationApron No. 1..................................................................................... 69 10. Discussion -- Schedule Work Session/Fuel Flowage Fee ................................ 80 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission........................................................................................ 83 3. Harbor Commission....................................................................................... 87 4. Library Commission....................................................................................... 91 5. Parks & Recreation Commission..................................................................... 95 6. Planning & Zoning Commission...................................................................... 98 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 ........................................................ 104 ITEM K: ADMINISTRATION REPORTS 1. City Manager................................................................................................. 107 2. City Attorney.................................................................................................. 3. City Clerk ........................................................ .............................................. ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (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 0 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.) 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.) Ordinance No. 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.) EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT INFORMATION ITEMS APRIL 15, 2009 1. 4/ 15/2009 Purchase Orders Between $2,500 and $15,000 for council review............................................................................................................ 120 2. 4/7/09 PZ Resolutions Report, First Quarter 2009........................................... 121 3. 3/2009 Kenai Municipal Airport Enplanement Report ....................................... 122 4. 4/07/2009 City of Kenai Building Permits, First Quarter 2009 Report ............... 123 5. 4/09 Senior Voice Article, Video Bowling Picks Up More Fans ............................. 125 6. 2009 Alaska Gaming Permit Application/Kenai Peninsula Food Bank ................ 129 7. 4/l/09 R. Molloy memorandum with attachments related to suggested amendments to KMC 14.20.270, Amendment Procedures with council meeting verbatimattached........................................................................................... 131 8. 4/9/09 Kenai River Special Management Area Board meeting agenda with minutes of 3/ 12/09 meeting........................................................................... 149 9, 4/ 1 / 09 North Peninsula recreation Service Area request for donation ................ 154 APRIL 15, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS( CHANGES TO THE PACKET a; r SUBSTITUTE: Attachment B of Ordinance No. 2396-2009 -- Suggested changes to Paragraph 1.03, Production Fee (memo of explanation attached) CITY CLERK ADD TO: E-1, Ordinance No. 2396-2009 -- Comments of B. Espy CITY CLERK Recording charge information CITY CLERK X03mmady4x"ma?7:1 No changes. April 8, 2009 City of Kenai Kenai City Council 210 Fidalgo Kenai, AK 99611 Re: Spruce Bark Beetle Mitigation Program presentation Dear Mayor Porter & Council Members: Thank you for the opportunity to address the Kenai City Council describing the efforts and projects of the Spruce Bark Beetle Mitigation Program (SBB) currently underway within the Kenai City Limits. We have identified several parcels owned by the city as well as privately owned properties that require hazard tree removal. These parcels have been assembled into two specific projects (see attachment `Floatplane' & `Redoubt') where the program will remove identified trees. This work will be performed by licensed contractors with an estimated start date in June 2009. The downed trees on all city owned lots will be removed, per the city's request, by the contractor and clean-up of brush and slash is addressed in the contract. Private property owners have the option of retaining the logs at their discretion. Please note: this project does not include clear -cutting of properties and that only the dead trees that can impact roads and access are harvested. However, private property owners from previous mitigation efforts have often engaged the contractor for additional work on their property independent of the SBB program. Thank you for allowing us to share this information: Sincerely, l� u Duane Bannock Program. Manager Komi Peninsula Borough: 5pmcc Bark Becae Mitigation Pmgmm, 253 Wilson fine, Soldama, AK: 99669: 9072606202 -1- 0 500 1,000 2,000 Feet A 44--h. 9 a®a ® ® e IF \ 1 A If fe4 0 500 1,000 2,000 Feet Kenai Peninsula Child Advocacy Center April is Child Abuse Awareness Month and Sexual Assault Awareness Month s Children's Advocacy Center (Victim Services) In 2007, Haven House was awarded a grant from the National Children's Alliance to explore the feasibility of establishing Children's Advocacy Centers (CACs) on the Kenai Peninsula. Despite lack of funding and issues of jurisdiction, we now have two CACs that are currently serving children: one in Kenai and one in Homer. Each center offers a safe, child friendly environment for child victims of sexual assault to talk about what happened to them. The CAC movement is truly a Peninsula -wide endeavor to bring together the numerous community partners that address the investigation, prosecution and treatment of child abuse cases. Haven House is very proud to report that we are currently recognized by the National Children's Alliance as an associate member and are also recognized by the Alaska State Coalition of Child Advocacy Centers. SPHH recently hired a Peninsula CAC Coordinator. Currently child protection multidisciplinary teams have been formed in the Homer and Kenai service areas and team protocols are being established. Children are already being served in both of these Iocations. Both of these teams are fervently committed to minimizing the amount of trauma a child victim of abuse experiences during the process of investigation. This coordinated, team effort produces a much more comprehensive and efficient investigation and produces more successful prosecution and treatment outcomes In Suggested by: Administration [�3i���� a���sil�C+�7d7 s r •. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE WITH THE ADDITION OF CHAPTER 10.40, ENTTITLED, "RELEASE OF PUBLIC RECORDS" AND "REGULATIONS CONCERNING PUBLIC RECORD INSPECTIONS.° WHEREAS, the Kenai Municipal Code currently does not include a specific provision for the release of public records; and, WHEREAS, including specification for the release of public records in the Kenai Municipal Code is in the best interest of the city to provide definition and direction for requesting, exempting, responding to requests, etc. with regard to the release of public records. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Kenai Municipal Code be amended with the addition of Chapter 10.40, entitled "Release of Public Records" as provided in Attachment A and "Regulations Concerning Public Record Inspections' as provided in Attachment B. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of April, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk -5- Introduced: April 1, 2009 Adopted: April 15, 2009 Effective: May 15, 2009 Sections: 10.40.030 Information available to the public. 10.80.040 Records exempted. 10.40.050 Regulation of time, place and manner of inspection of public records. 10.40.055 Litigation Disclosure 10.40.060 Response to requests for public records 10.40.010 Intent. It is the intention of the City to provide full and free access of the public to municipal records and information so that the people of the City may be well informed at all times as to municipal business. With the exception of the specific exemptions set forth under Section 10.40.040, all information and records in the control of the municipality shall be made available to the public upon request. 10.40.020 Definitions. For the purposes of this chapter: (a) "Municipal agency" shall be defined as any department, division, board, commission or private contractor, of the City, which has custody of public records as defined in this chapter. (b) "Public records" means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by the city or a municipal agency and that are preserved for their informational value or as evidence of the organization or operation of the city; "public records" does not include proprietary software programs. 10.40.030 Information available to the public. Except as provided by Section 10.40.040, or by other provisions of municipal, state or federal law, all public records shall be open to inspection by any person subject to guidelines regulating the time, place and manner of inspection which may be adopted by the City Clerk pursuant to Section 10.40.050, Documents are not required to be created in order to comply with an information request, but will be provided from documents/information that already exists. The types of records and information open to public inspection pursuant to this chapter shall include, but shall not be limited to, the following: Attachment "A" Chapter 10.40, Release of Public Records Ordinance No. 2396-2009 Page 1 of 5 (a) Financial and operational cost information, including information as to revenues, expenditures, indebtedness, department budget requests, and formal departmental recommendations in regard to project priority; (b) Information relating to contracts to which the municipality is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by the municipality, and information relating to the status of goods or services furnished pursuant to contract; (c) Regulatory, financial assessment and tax information concerning real property located within the municipality; (d) Salary levels and fringe benefits accorded municipal officers and employees by law, including information in regard to the pay range and step grade of an employee or officer and statistical analyses or compilations relating to municipal practices and policies concerning compensation for various occupational groups, departments and divisions; (e) Statistical information and analyses concerning case loads, numbers and categories of persons for whom services were performed or treatment provided, results achieved and per patient and per unit cost; and, (f) Feasibility, management, cost effectiveness and similar reports prepared by the municipality with municipal moneys. The foregoing enumeration of information available for public inspection is not designed to limit the categories of records and information that shall be made available to the public pursuant to this chapter. The policy of providing public access to public information shall be broadly and liberally construed. 10.40.040 Records exempted.. The City shall not be required to release or disclose the following documents or records: (a) Communications of any kind between the municipal attorney and officers or employees of the city, or any other individual, firm or corporation containing a legal opinion, memorandum or other disclosure or information pertaining to any matter then in litigation or where litigation may be reasonably anticipated. This exemption does not extend, however, to any documents, records or other written communication that may have been made public -prior -to the commencement of litigation and public records which must otherwise be disclosed cannot be withheld on the grounds that they have been submitted to the municipal attorney; (b) All personnel records of city officers and employees, including, without limitation, employment applications, examination materials, and performance evaluation records that reveal medical information about any specific individual; records the reveal the personal, intimate, or private life of an individual; and, in addition, any record the disclosure of Attachment "A" Chapter 10.40, Release of Public Records Ordinance No, 2396-2009 Page 2 of 5 -7- which would constitute an unwarranted invasion of privacy; but this subjection does not protect from disclosure the following: (1) employment applications of city officials appointed by the city council; (2) employment applications of the director of each department of the city; (3) performance evaluations of city officials appointed by the city council to the extent the performance evaluations relate to the individual's job performance and do not impugn an individual's honesty, integrity, or morality outside of professional life; (4) the names and position titles of all city employees; (5) the current and prior positions held by a city employee. (6) the dates of appointment and separation of a city employee; and, (7) the records described in subsection 10.40.030(d). In the event of a request for disclosure of items described in subparts 1, 2, and 3 of this subsection, the City Manager, City Officials and Directors will be notified at least two (2) days prior to release of such records and may appeal the decision under KMC 10.40.060. (c) Records or information compiled for law enforcement purposes, but only to the extent the production of the law enforcement records or information: (1) could reasonably be expected to interfere with enforcement proceedings; (2) would deprive a person of a right to a fair trial or an impartial adjudication; (3) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of suspect, defendant, victim, or witness; (4) could reasonably be expected to disclose the identity of a confidential source; (5) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions; (6) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or, (7) could reasonably be expected to endanger the life or physical safety of an individual; (d) Information such as name, address, etc., that would identify complainants in actions to enforce any City regulation or ordinance, except as such disclosure may become necessary- to a fair and just disposition of the enforcement proceeding; Attachment "A" Chapter 10.40, Release of Public Records Ordinance No. 2396-2009 Page 3 of 5 I an (e) Records held by the City concerning any customer using municipal services, release of which would be unwarranted invasion of privacy; (f) Engineering or other technical specifications or data which might provide a competitive advantage to any person, firm, or corporation engaged or potentially to be engaged in municipal business; (g) Information obtained by and in the custody of insurance carriers insuring the municipality and their attorneys and agents regarding possible and pending claims against the municipality; (h) Medical and related public health records; (i) Records pertaining to juveniles unless disclosure is authorized by law; 0) Records required to be kept confidential by law. 10.40.050 Regulation of time, place and manner of "inspection of public records. The City Council shall adopt regulations as to the time, place, and manner of inspection of public records held by the municipality. Such regulations may also provide: (a) That a fee may be required. The fee shall not exceed the actual cost to the information request. In the event the person is unable to pay any requested fee, and signs an affidavit to the effect that he or she is indigent, there will be no cost to the above -described person. See Regulation 1.06, Regulations Concerning Public Record Inspections. (b) The form in which the specific documents shall be made available. Documents need not be reproduced in the exact form or medium in which they are stored. However, any alteration of the form or medium of public record shall not change the substantive content of the information contained in the public record. When the actual content is changed, the nature of the change and why it was necessary shall be communicated to the requestor. Regulations adopted pursuant to this section shall be posted in a conspicuous manner at City Hall. 10.40.055 Litigation Disclosure. A publicrecordthat is subject to disclosure and copying remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving the city or any municipal agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with applicable court rules. In this section, "involved in litigation" means a party to litigation or representing a party to litigation, including obtaining public records for the party. Attachment "A" Chapter 10.40, Release of Public Records Ordinance No. 2396-2009 Page 4 of 5 01 10.40.060 Response to requests for public records. All requests for public information or records shall be approved by the City Clerk. The City Clerk, or his/her designee shall, consistent with the orderly conduct of municipal business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records made pursuant to this chapter. To effect this policy, the following guidelines are adopted: (a) Information pursuant to this chapter shall be furnished promptly to the requesting party unless the information requested is declared privileged or confidential pursuant to applicable federal, state or municipal law. If the City Clerk or his/her designee considers the information to be privileged, after consultant with the City Attorney, he/ prepare a slip setting for the date, the item of information requested, the specific provision of applicable state, federal or municipal law exempting the requested information from disclosure. A copy of this slip shall be provided to the party requesting the information. (b) A decision regarding a request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven (7) working days from the Council's consideration thereof either granting or denying the appeal. An appeal from the decision of the Council shall be to the Superior Court. (c) All requests for records and information made pursuant to this chapter shall be responded to within a reasonable time period. If the records and information cannot be located in time to make a response within five (5) working days of the request, the requesting party shall be promptly advised, and, if the requesting party still desires the information or records, a reasonable and diligent search shall continue. (d) If a request is deemed non -routine or large, written notification will be made to the requester within five (5) working days with an estimate of production costs pursuant to KMC 10.40.060(c) and Regulation 1, Fees, Regulations Concerning Public Record Inspections. Attachment "A" Chapter 10.40, Release of Public Records Ordinance No. 2396-2009 Page 5 of 5 -10- 1.01 Copies. The fee for copying public records is as follows: The first nine copies are free. There shall be a charge of $2.50, plus sales tax, for the tenth (loth) copy. There will be a charge of $.25, plus sales tax for each copy over ten (10). Copies of audio recordings to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first cassette tape and $5.00 for each additional cassette tape. 1.02 Certified Copies. The fee for a certified copy of a document will be the City's standard certification fee, plus the standard copying fee. At this time, the certification fee is ten dollars ($10.00) per document. Only the City Clerk or Deputy City Clerk will certify documents. 1.03 Production Fee. If the production of records for one requester in a calendar month exceeds five -person hours, the requester must pay a production fee. The production fee will be the city employee's actual salary, plus benefit costs, for the time required during the month to search, review, and copy the records. The time for review includes the time spent to examine the records for the purposes of determining whether the document is responsive to the request and whether the document will be disclosed or whether it must be withheld based on privilege, exemption, or other exception. The production fee will be in addition to the standard copying fee. 1.04 Estimate and Advance Payment. If a production fee is required or anticipated under the preceding paragraph, the city staff will prepare an estimate of the production fee and copying fee that are expected to result from producing the requested records. The requester must deposit the estimated production and copying fees in advance of the search. If the actual production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual production and copying fees are greater than the estimate the records will not be released to the requestor until the requester pays the difference. 1.05 inspection Only. There well be no fee for simple inspection of records, except when the production of the records for inspection by one requestor in a calendar month exceeds five person -hours. In that case, the requestor will be required to pay the production fee as described in the preceding paragraphs. Attachment "S" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 1 of 6 -11- 1.06 Indigency. If a person is unable to pay a fee, and signs an affidavit to the effect that he or she is indigent, then the City Clerk will waive the copying fee and production fee, except when the City Clerk, based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently. Annual income as a Percent of current health And human services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1 - 100% 100% Waiver 101 - 149% 75% Waiver 150-174% 0 ' 50% Waiver 175-199% 25% Waiver 200% plus No Waiver An application for indigency may be filed with the City Clerk for waiving or partially waiving the costs of record reproduction. The City Clerk may allow an applicant, who qualifies as an indigent, a reduced record reproduction fee, a payment plan or a waiver of the filing fee where the City Clerk is able to make a written finding, based on information provided by the applicant that payment of the record reproduction fee would be a financial hardship. Based upon the information provided, the fee may be reduced or waived in accordance with the above scale. k. REQUIREMENTS FOR PUBLIC RECORDQAPPROVALS 2.01 City Clerk Approval. According to Kenai Municipal Code, Section 10.40, all requests for public information or records are to be approved by the City Clerk, after consultation with the City Manager and City Attorney. (See Regulation 5.01) The City Clerk, or the Clerk's designee, will, consistent with the orderly conduct of city business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records. 2.02 Routine Requests. Routine requests for inspection or copying of records may be approved (but not denied) and responded to by the City Clerk, Deputy City Clerk, or the Department Head of the department in which the records are located. They may act as the City Clerk's designee for the approval of routine requests. For purposes of these regulations, a routine request is a request for records that are clearly to be made available to the public, and which. can be responded to quickly without a substantial amount of effort or time by the city staff. Routine requests may be submitted orally or in writing. 2.03 Dion -Routine Requests. Non -routine requests for inspection or copying of records must be made in writing and referred to the City Cleric for approval or Attachment 'B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 2 of 6 -12- disapproval. Non -routine requests include, but are not limited to, requests for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take more than one person -hour of staff time to respond, and requests from a person involved in litigation with the City. 2.04 Litigation Disclosure Requests. A person "involved in litigation" means a party to a lawsuit involving the City, a person representing a party in a lawsuit, or a person requesting records on behalf of a party to a lawsuit. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines that a request for inspection or copying is being made by or on behalf of a person involved in litigation, the City Clerk, may deny the request and require the request be processed in accordance with applicable court rules under Kenai City Code, Section 10,40.055. 2.05 Aggregation of Certain Requests. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a production fee (for production of records requiring more than five person -hours of staff time per month), the City Clerk will aggregate all such requests and treat them as one request made by person. 2.06 Sad Faith Affidavit of Indigency. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines a person has made an affidavit of indigeney in bad faith or fraudulently for the purpose of avoiding payment of production, copying, or other fees, the City Clerk will deny the waiver of the fees. 2.07 Harassment Request. If the City Clerk, in good faith, after consultation with the City Attorney, reasonably determines a request for copies or inspection of records is not made in good faith, and is made for the purpose of harassment of the City or city officials, or to purposely interfere with the orderly conduct of city business, the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requester to be heard by the City Clerk, 2.08- DescriptionofRecords Requested. -A-requestor must describe the records sought in sufficient detail to enable the City to locate and identify the records sought. If the records are described by the requestor in general terms, the city staff shall attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the request is not sufficient to allow the staff to identify the requested records, the requestor shall be notified promptly by the City Council, the request cannot be approved or processed until a sufficient description of the record is received. Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 3 of 6 -13- 2.09 Deliberative Process Records. There is a recognized need to encourage open, frank discussions among government officials about proposed or contemplated governmental action. Disclosure of official deliberations will inhibit those discussions, invade the mental processes of government officials, and adversely affect the quality of administrative decision making. Records containing deliberative process information are confidential and need not be disclosed. Accordingly, requests for internal, pre - decisional records that are deliberative in nature, will be denied unless the City Clerk, after consultation with the City Attorney, determines the requester has established, on balance, the interest of the public in having access to the record outweighs the interest of the public in having city business carried on efficiently and without unreasonable interference. 3. TIME AND PLACE OF INSPECTION 3.01 Routine Requests. A routine request for records will be responded to promptly at the office where the records are kept, or another city office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of city business. If the records cannot be produced within five (5� working days, the requester will be advised. 3.02 Non -routine Requests. Records in response to an approved non-routune request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or the City Clerk's designee. For the convenience of the City, the City Clerk may designate an inspection location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the requester of the specific time and date on which the inspection may occur. If, and to the extent necessary to maintain the orderly conduct of city business, the City Clerk may limit the days and hours when inspection and copying of public records may occur. 3.03 Large Requests. If a request is made for inspection or copying of a large volume of public records, the City Clerk, after consultation with the City Attorney, may require the requester to make a written designation of the order in which the requestor wants the records produced. When such order is designated by the requestor, the City will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as city staff time permits. The orderly conduct of city business will not be interrupted to make fast response to such a request. It is reasonable the maker of such a large request should expect an extended time for response. The City Clerk will advise the requestor of the estimated time in which the response will be made. Attachment 'B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 4 of 6 -14- 4.01 Form of Records. The records of the Citv will normally be made available for inspection or copying in the format in which the City maintains or disseminates the records. Exact reproduction is not required, but any alteration of the form or medium of public records must not change the substantive content of the information, and if the actual content is changed, the nature of the change and the reason for the change will be communicated to the requestor. 4.02 Summarization or Manipulation of Records. The City is not required to compile or summarize its records in response to a request for information. The City is not required to manipulate its data to create new records in response to a request for information. 4.03 Partially Diselosable Records. If public records contain information that is disclosable in part and non-disclosable in part, the non-disclosable information shall be removed prior to disclosure. 6121 V211 M I • 5.01 Written Response. If the City Clerk, after consultation with the City Attorney -and City Manager, makes an adverse determination, in. whole or in part, to a written public records request, the City Clerk will provide a written response setting forth the adverse determination. It will include a description of the records requested, a description of the records that will not be provided, and the reasons for the adverse determination, including reference to provisions of law or regulations, facts, and other information relied upon. The City Clerk's written response will also include a notice the requestor has a right to appeal to the City Council. 5.02 Response to Oral Requests. Oral requests may be accepted for a routine request. Oral requests for records will not be accepted for anon -routine request or receive a written response from the City Clerk unless the requestor is unable to make a written request because of inability to write or because of mental or physical disability. In that case, the City staff will assist the requestor in making a request that will be responded to and treated as a written request for all purposes under these regulations. 5.03 When No Response is Deemed Denial. If the requestor receives no response to a written request for records within five (5) working days of making that request, the requestor may file with the City Clerk a written demand for a written response. If the City Clerk does not give a written response to that demand within Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 5 of 6 -15- three (3) working days of the City Clerk's receipt of the demand, the request for records will be deemed denied. 5.04 Appeal to City Council. A denial, in whole or in part, a deemed denial, or any adverse written determination by the City Clerk in response to a written request for public records may be appealed by the requestor to the City Council under City of Kenai Municipal Code, Section 14.20,290. 5.05 Appeal to Superior Court. A decision of the City Council on an appeal from a decision of the City Clerk may be further appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. Approved by Ordinance No. 2396-2009. DATED: This 15th day of April, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Attachment " B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 6 of 6 -16- "'Village twit% a Past, C# witk a F"tare ®, 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us \'a ike a y of X/ KENALALASKA MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City C rk DATE: March 26, 2009 Ordinance No. 2396-2009, if passed, will amend the Kenai Municipal Code to include Chapter 10.40, 'Release of Public Records" and 'Regulations Concerning Public Record Inspections' which were developed to enhance the code by setting standards for managing requests for public records. In addition to the code amendment and the regulations, attached is a copy of the newly developed `Public Records Request Form" and. a "Policies & Procedures for Public Record Requests' which will assist as a quick reference when managing requests. If you have any comments, please contact me. -17- REQUEST IDENTIFICATION NO. (Year) (Sequence) TAm *'w {ti'�r tp+z �ti r 1z� u a d vat a �ini4xlrti S 210 Fidalgo Avenue Phone: (907) 283-7535, ext. 231 Kenai, Alaska 99611 Fax: (907) 283-5068 I cfreas ci.kenai.ak.us Name: Address: Ci State: Zi Email Address: r• m r I I hereb request the followin documents be specific, or ou ma attach a request letter : Title of Record: Date of Record: Description of Record: I acknowledge and agree to pay the following charges for the documents requested: Copies = Up to nine pages are free. Up to ten pages are $2.50, plus sales tax, and $.25 (twenty-five cents) plus sales tax for each additional page. Copies of audio records to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first j cassette tape and $5.00 for each additional cassette tape. I understand research is limited and will be charged per requestor in a calendar month exceeding five -person hours, I.e. the fee is the City employee's actual salary plus benefit costs. An estimate will be prepared and the requestor must deposit the estimated production and copying fees in advance. If the actual costs are greater than the estimate, the records will not be released until the difference is paid and if the actual costs are less, the requester will receive a refund of the difference. No fee for simple inspection, except when the production of records by one requester exceeds five person hours in a calendar month pursuant to AS 40.25.110 c . °; 1177% Mel 3151111 I hereby certify: 1. I am not involved in litigation, in a judicial or administrative forum, nor am I acting on behalf of or otherwise representing any party who is involved in litigation with the City of Kenai to which the requested record is relevant; and 2. The requested public record is strict) for: My own personal use Use on behalf of: (Name of business, organization) I certify under penalty of pejuiry the foregoing statements are true. Print Name Si nature Date REQUEST IO NO. Staff Member Research Time I Date minutes Request received Request reviewed Records located ' Fee calculated Requestor notified Documents Provided Amount $ 5 0" CITY OF KENAI The State of Alaska Open Records Act governs access to public records. It requires a public record be made available to the public for inspection and copying during normal business hours. Most requests are subject to fees for copying costs, and in some instances, the cost of personnel time required to respond to the request. In no event, however, may the fee for copying public records exceed the standard unit cost of duplication set by the city. The Open Records Act is found at AS 40.25.100 to 40.25.220, and the pertinent sections for these purposes are AS 40.25.110 and 40.25.115. In order to ensure compliance with state law, the following procedures shall be followed whenever a request is received from a public citizen to inspect or copy public records of the City of Kenai. * .111 OW s 1. A request for public records must be made from a public citizen to inspect or to obtain a copy of a public record. The request shall be in writing, on a form provided by the City Clerk, entitled "Public Records Request." 2. Upon receipt of a completed request form, date stamp the form in the space provided on the date received. Inform the Requestor a charge may be associated with the request. 3. Submit the completed Public Records Request form to the City Clerk to be processed. 4. The City Clerk shall: a. Review the request and determine in which city department the record may be held; b. Incorporate the requested information and department where the record may be held into a memorandum to the City Manager and request the City Manager to instruct his/her department head or his/her designee to provide an estimate of how much time will be required to research, compile, etc. the requested records and submit the information to the City Clerk. d. Upon receipt of the time/cost estimate for providing the requested public record for review or copying and if it is found to exceed the five hour time limit Policies 8a Procedures for Public Records Requests Page 1 sm provided for in Regulations Concerning Public Record Inspections 1.03 and AS 40,25, request the Finance Director or his/her designee for a breakdown in costs for the employee(s) who will be researching/compiling the requested information. Upon receipt of the estimated cost information, forward that information to the Requestor in writing, noting the estimated cost must be paid in advance of the research/compiling of the requested records to proceed. e. Upon receipt of payment of the estimated cost (if the amount of time to research/compile will be over five hours), notify the City Manager to proceed with the research/compilation of records requested. 5. The City Clerk, or his/her designee, shall process the request within five (5) days from its receipt. If a request cannot be processed with five (5) days of the date of receipt, the City Clerk shall contact the Requestor immediately to explain the reason for the delay and complete the request within a reasonable period. See KMC 10.40.060(d) and Regulation 1, Fees. 6. Once the request is processed and completed, the Requestor shall be contacted, in writing, to pick up the request. 7. Any public records request shall not be distributed to the Requestor unless and until all charges allowed by law are paid by the Requestor. 8. The City Clerk shall maintain a record of all "Public Record Requests." Public Record Requests shall be numbered. Policies & Procedures for Public Records Requests Page 2 MR j "V °lla9e witk a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us `theulyaf KENASKA MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, Ci Cler DATE: April 15, 2009 RE: ORDINANCE NO. 2396-2009 Substitute Attachment B Attached is a suggested Substitute Attachment B of Ordinance No. 2396-2009 with additions to Paragraph 1.03, Production Fee. The language would add an allowance for five (5) free hours of time for researching, collecting, copying records when the total hours of collection, etc. is estimated to exceed five (5) hours. The language also provides for when more than one employee is researching, collecting, copying, etc. the public records and the formula for determining the estimated cost when multiple employees are involved in the process. CITY OF KENAI 1. FEES 1.01 Copies. The fee for copying public records is as follows: The first nine copies are free. There shall be a charge of $2.50, plus sales tax, for the tenth (1 Oth) copy. There will be a charge of $.25, plus sales tax for each copy over ten (10). Copies of audio recordings to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first cassette tape and $5.00 for each additional cassette tape. 1.02 Certified Copies. The fee for a certified copy of a document will be the City's standard certification fee, plus the standard copying fee. At this time, the certification fee is ten dollars ($10.00) per document. Only the City Clerk or Deputy City Clerk will certify documents. 1.03 Production Fee. If the production of records for one requestor in a calendar month exceeds five -person hours, the requestor must pay a production fee. The production fee will be the city employee's actual salary, plus benefit costs, for the time required over five (5) hours during the month to search, review, and copy the records. If multiple city employees compile the requested records a composite hourly rate for all employees involved will be determined and a credit for five (5) hours at that rate will be applied. The time for review includes the time spent to examine the records for the purposes of determining whether the document is responsive to the request and whether the document will be disclosed or whether it must be withheld based on privilege, exemption, or other exception. The production fee will be in addition to the standard copying fee. Example of composite rate calculation is: Employee A 15 hours 50 hour = 750.00 Em to ee B 4 hours 75 hour = 300.00 Em to ee C 2 hours 35 hour = 75.00 Totals 21 hoursI 1 120.00 $1 120 _ 21 (total hours) = $53.33 (composite rate) $1 120 - ($53 33 x 5 free hours) = $ 853.35 to be paid by FOIA Reguestor 1.04 Estimate and Advance Payment. If a production fee is required or anticipated under the preceding paragraph, the city staff will prepare an estimate of the production fee and copying fee that are expected to result from producing the requested records. The requestor must deposit the estimated production and copying Attachment "B" Regulations Concerning Public Record Inspections Ordinance No..2396-2009 Page 1 of 6 fees in advance of the search. If the actual production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual production and copying fees are greater than the estimate, the records will not be released to the requestor until the requestor pays the difference. 1.05 Inspection Only. There will be no fee for simple inspection of records, except when the production of the records for inspection by one requestor in a calendar month exceeds five person -hours. In that case, the requestor will be required to pay the production fee as described in the preceding paragraphs. 1.06 Indigency. If a person is unable to pay a fee, and signs an affidavit to the effect that he or she is indigent, then the City Clerk will waive the copying fee and production fee, except when the City Clerk, based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently. Annual income as a Percent of current health And human services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1 - 100% 100% Waiver 101 - 149% 75% Waiver 150-174% 50% Waiver 175-199% 25% Waiver 200% plus No Waiver An application for indigency may be filed with the City Clerk for waiving or partially waiving the costs of record reproduction. The City Clerk may allow an applicant, who qualifies as an indigent, a reduced record reproduction fee, a payment plan or a waiver of the filing fee where the City Clerk is able to make a written finding, based on information provided by the applicant that payment of the record reproduction fee would be a financial hardship. Based upon the information provided, the fee may be reduced or waived in accordance with the above scale. REQUIREMENTS2. •R PUBLIC RECORD REQUESTS-• s 2.01 City Clerk Approval. According to Kenai Municipal Code, Section 10.40, all requests for public information or records are to be approved by the City Clerk, after consultation with the City Manager and City Attorney. (See Regulation 5.01) The City Clerk, or the Clerk's designee, will, consistent with the orderly conduct of city business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records. Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 2 of 6 2.02 Routine Requests. Routine requests for inspection or copying of records may be approved (but not denied) and responded to by the City Clerk, Deputy City Clerk, or the Department Head of the department in which the records are located. They may act as the City Clerk's designee for the approval of routine requests. For purposes of these regulations, a routine request is a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the city staff. Routine requests may be submitted orally or in writing. 2.03 Non -Routine Requests. Non -routine requests for inspection or copying of records must be made in writing and referred to the City Clerk for approval or disapproval. Non -routine requests include, but are not limited to, requests for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take more than one person -hour of staff time to respond, and requests from a person involved in litigation with the City. 2.04 Litigation Disclosure Requests. A person "involved in litigation" means a party to a lawsuit involving the City, a person representing a party in a lawsuit, or a person requesting records on behalf of a party to a lawsuit. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines that a request for inspection or copying is being made by or on behalf of a person involved in litigation, the City Clerk, may deny the request and require the request be processed in accordance with applicable court rules under Kenai City Code, Section 10.40.055. 2.05 Aggregation of Certain Requests. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a production fee (for production of records requiring more than five person -hours of staff time per month), the City Clerk will aggregate all such requests and treat them as one request made by person. 2.06 Bad Faith Affidavit of Indigency. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines a person has made an affidavit of indigency in bad faith or fraudulently for the purpose of avoiding payment of production, copying, or other fees, the City Clerk will deny the waiver of the fees. 2.07 Harassment Request. If the City Clerk, in good faith, after consultation with the City Attorney, reasonably determines a request for copies or inspection of records is not made in good faith, and is made for the purpose of harassment of the City or city officials, or to purposely interfere with the orderly conduct of city business, Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 3 of 6 the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requester to be heard by the City Clerk. 2.08 Description of Records Requested. A requester must describe the records sought in sufficient detail to enable the City to locate and identify the records sought. If the records are described by the requestor in general terms, the city staff shall attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the request is not sufficient to allow the staff to identify the requested records, the requestor shall be notified promptly by the City Council, the request cannot be approved or processed until a sufficient description of the record is received. 2.09 Deliberative Process Records. There is a recognized need to encourage open, frank discussions among government officials about proposed or contemplated governmental action. Disclosure of official deliberations will inhibit those discussions, invade the mental processes of government officials, and adversely affect the quality of administrative decision making. Records containing deliberative process information are confidential and need not be disclosed. Accordingly, requests for internal, pre - decisional records that are deliberative in nature, will be denied unless the City Clerk, after consultation with the City Attorney, determines the requestor has established, on balance, the interest of the public in having access to the record outweighs the interest of the public in having city business carried on efficiently and without unreasonable interference. 3. TIME AND PLACE OF INSPECTION 3.01 Routine Requests. A routine request for records will be responded to promptly at the office where the records are kept, or another city office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of city business. If the records cannot be produced within five (5) working days, the requester will be advised. 3.02 Non -routine Requests. Records in response to an approved non -routine request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or the City Clerk's designee. For the convenience of the City, the City Clerk may designate an inspection location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the requester of the specific time and date on which the inspection may occur. If, and to the extent necessary to maintain the orderly conduct of city business, the City Clerk may limit the days and hours when inspection and copying of public records may occur. Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 4 of 6 3.03 Large Requests. If a request is made for inspection or copying of a large volume of public records, the City Clerk, after consultation with the City Attorney, may require the requestor to make a written designation of the order in which the requestor wants the records produced. When such order is designated by the requestor, the City will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as city staff time permits. The orderly conduct of city business will not be interrupted to make fast response to such a request. It is reasonable the maker of such a large request should expect an extended time for response. The City Clerk will advise the requestor of the estimated time in which the response will be made. suzkobilmmu 4.01 Form of Records. The records of the City will normally be made available for inspection or copying in the format in which the City maintains or disseminates the records. Exact reproduction is not required, but any alteration of the form or medium of public records must not change the substantive content of the information, and if the actual content is changed, the nature of the change and the reason for the change will be communicated to the requestor. 4.02 Summarization or Manipulation of Records. The City is not required to compile or summarize its records in response to a request for information. The City is not required to manipulate its data to create new records in response to a request for information. 4.03 Partially Disclosable Records. If public records contain information that is disclosable in part and non-disclosabie in part, the non-disclosable information shall be removed prior to disclosure. D - * D 5.01 Written Response. If the City Clerk, after consultation with the City Attorney_and City Manager, makes an adverse determination, in whole or in part, to a written public records request, the City Clerk will provide a written response setting forth the adverse determination. It will include a description of the records requested, a description of the records that will not be provided, and the reasons for the adverse determination, including reference to provisions of law or regulations, facts, and other information relied upon. The City Clerk's written response will also include a notice the requestor has a right to appeal to the City Council. Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 5 of 6 5.02 Response to Oral Requests. Oral requests may be accepted for a routine request. Oral requests for records will not be accepted for a non -routine request or receive a written response from the City Clerk unless the requestor is unable to make a written request because of inability to write or because of mental or physical disability. In that case, the City staff will assist the requestor in making a request that will be responded to and treated as a written request for all purposes under these regulations. 5.03 When No Response is Deemed Denial. If the requestor receives no response to a written request for records within five (5) working days of making that request, the requestor may file with the City Clerk a written demand for a written response. If the City Clerk does not give a written response to that demand within three (3) working days of the City Clerk's receipt of the demand, the request for records will be deemed denied. 5.04 Appeal to City Council. A denial, in whole or in part, a deemed denial, or any adverse written determination by the City Clerk in response to a written request for public records may be appealed by the requestor to the City Council under City of Kenai Municipal Code, Section 14.20.290. 5.05 Appeal to Superior Court. A decision of the City Council on an appeal from a decision of the City Clerk may be further appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. Approved by Ordinance No. 2396-2009. DATED: This 15th day of April, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 6 of 6 Carol Freas From: Bob Molloy [molloylaw@ak.net] Sent: Wednesday, April 15, 2009 2:44 PM To: Becky Espy Cc: Bob Molloy; Carol Freas; Mike Boyle; Barry Eldridge; Mayor Porter, Rick Ross; Joe Moore; Hal Smalley Subject: Re: Council Meeting tonight Hi Carol: Can you please make this email a lay down for agenda item E-1, per Mrs. Espy's request? Thank you. Bob Molloy On Apr 15, 2009, at 2:38 PM, Becky Espy wrote: Hi Councilman Molloy: I will be unable to attend the council meeting tonight. As we discussed previously, I have concerns about the ordinance regarding how to get public information to the citizens. I do believe there should be a policy/ordinance on the books in order to give the city guidance, but the draft ordinance concerns me. The city has the right to charge someone requesting records the cost of paper/copies and the cost of a CD when requesting audios. However, to charge $20 per audio does not comply with the Public Information Act, even though the city has used this practice in the past. I would like to see the city develop an ordinance outlining how citizens should request information, but the draft has too many items in it which would be questionable with the Public Information Act. If I had been able to attend the council meeting, I would have testified to this. This can be a lay down item tonight. Thank you for your consideration with this draft ordinance. € ecky Espy 903 Magic Avenue Kenai, AK 99611 beckyespy(dr hotmail.com Rediscover Hotmail@: Get quick friend updates right in your inbox, Check it out. 1 CD/TAPE CHARGES -- OTHER MUNICIPALITIES: Kenai Peninsula Borough -- Currently, $2.50 plus tax for a tape or CD, however intent is to increase to $10.00 per tape or CD, plus sales tax. City of Homer -- $10.00 per tape or CD. Alaska Court System -- $10.00 per tape or CD, plus sales tax. Kenai Police Department -- CD, Video Tape, or DVD = $52.50 (includes sales tax) each Cassette Tape = $26.25 (includes sales tax), each. City of Soldotna --Digitally produced records, audio or video recordings = $15.00 plus sales tax, each. Kenai Police Department I Ji MI I Lei r / To: Rick Koch, City Manager Fm: Gus Sandahl, Police Chief A5 Date: 4/9/2009 Re: Justice Assistance Grant The U.S. Department of Justice is seeking applications for funding under the Recovery Act, Justice Assistance Grant (JAG) Program. The grant funding can be used to assist local law enforcement. A Bureau of Justice Statistics formula calculated recommended allocation amounts for the cities of Homer, Soldotna, and Kenai, and recommended that the City of Kenai receive $30,718 out of $103,356 total JAG funds available to the three municipalities. The Kenai Police Department is applying for JAG funding which will be used to upgrade the Kenai Dispatch Center. There is no local match requirement, but the upgrade would require an additional $5,300 (estimated) from the City of Kenai. The additional funds are due to the specialized labor involved with temporarily displacing and then reinstalling the technology in the Dispatch Center. The City of Kenai allocation falls under a "disparate allocation." This occurs when a city is scheduled to receive 150 percent more than a "county" within concurrent jurisdiction. The City of Kenai further falls under a "multiple disparate allocation" because multiple cities on the Kenai Peninsula (Kenai, Soldoma, Homer) are collectively eligible to receive 400 percent more than the "county" (i.e. Kenai Peninsula Borough — which is receiving no JAG funding). As a result of this disparate status, the grant application must be filed collectively between the three municipalities. Per grant requirements, jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the total eligible allocation. The joint application must specify the award distribution to each unit of local government and the purposes for which the funds will be used. An MQU that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds must be completed and signed by each participating jurisdiction. The applicant agency (fiscal agent) must make the grant application available for review by its governing body not fewer than 30 days before the application is submitted to the Bureau of Justice Assistance. The deadline to submit the application to BJA is May 18, 2009. The JAG application must include a statement that the application was made ® Page t -21- public and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations. The municipalities of Soldotna and Homer will also make their portion of the grant application available to their governing bodies for review and allow for public comment. Police Chiefs from Homer, Soldoma, and Kenai have all verbally agreed that the City of Kenai will be the fiscal agent. A written Memorandum of Understanding with regards to our fiscal agent status will be signed and submitted along with the grant application no later than May 18. As the fiscal agent we will require the other municipalities to pay for their equipment and/or services up front and submit reimbursement requests to the City of Kenai. I have included the City of Kenai's portion of the JAG application for your review. The application includes the total allocations for all three municipalities. Below is a general summary of the allocations for the three municipalities. City of Kenai $30,738 Dispatch Center Upgrade City of Homer $48,412 Radio System Improvements and Enhancements Citv of Soldotna $24.206 Law enforcement programs and technological improvement programs in compliance with JAG instructions. Total $103,356 I am requesting that the JAG application be added to the agenda for the April 15", 2009 City Council meeting. This will allow for our local governing body to review the application, and will also allow an opportunity for public comment. ® Page 2 IN ICENAI POLIC"E DEPARTMENT MENT IT South Willow Steed Fe=4 AE9%- 1 Telephone (907) 283-7879 Fax (907) 263-2267 1.059 t PROGRAM NARRATIVE (ATTACHMENT 1) RECOVERY ACT: EDVi7ARD BRINE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF KENAI, ALASKA FISCAL AGENT: The City of Kenai will be acting as the fiscal agent for the entities listed within the -Byrne (JAG) Grant, Kenai Peninsula Borough Jurisdiction. Entities included are The City of Homer, City of Kenai and City of Soldoma. The allotment of grant funding will follow the recommended Bureau of Justice Statistics as listed below: Municipality City of Kenai $30,738 City of Homer $48,412 City of Soldoma $24,206 Total $103.356 PROJECT OBJECTIVES: Project Description Communications Center Upgrade Radio System Improvements and Enhancements Law EnE Programs and Tech. Improvements The Communications and Computer Systems Stabilization and Improvement project is meant to meet the following outcomes: ® Improve the health and welfare of Communications Department personnel through the procurement of ergonomic workstations. : Stabilize the Kenai Police Department network infrastructure through improved stability of wiring, servers and other electronic equipment and reduce the risk of systems failure due to their current disorderly arrangement. • Secure vital network components in a locked storage arrangement providing key - controlled access to network apparatus. Secure storage also affords ventilation and air filtration. ® Provide employment to American workers through the manufacturing of workstations, transportation of equipment to applicant's jurisdiction and installation by local American vendors and contractors. -23- PROGRAM NARRATIVE (ATTACHMENT 1) RECOVERY ACT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF KENAI, ALASKA The Kenai Police Department would like to procure ergonomic workstations for 9-1-1 call takers in a proactive approach to the reduction of employee fatigue, repetitive injuries resulting in musculoskeletal disorders, and aid in the retention of workers who may otherwise be unable to remain employed due to existing injuries. These state-of-the-art adjustable work stations are of modular design allowing for future reconfiguration or additions. Their heavy-duty construction allows for tremendous lift loads and long lasting durability. Forethought in construction allows for technology integration for current or future equipment, allowing more workspace and a cleaner environment for employees. These types of work stations have become industry standard for all progressive departments interested in reducing employee stress injuries and improving working conditions. The National Institute of Occupational Safety and Health has recommended employers install height -adjustable worktables to allow workers of different heights and arm lengths to complete tasks with more ease and comfort. Musculoskeletal disorders, including carpal tunnel syndrome, are among the most prevalent medical conditions in the U.S., affecting 7% of the population. They account for 14% of physician visits and 19% of hospital stays. 62% of the persons with musculoskeletal disorders report some degree of limitation on activity, compared with 14% of the population at large, according to NIOSH. Also, according to the National Center for Health Statistics, carpal tunnel syndrome results in the highest number of days lost among all work related injuries. Almost half of the carpal tunnel cases result in 31 days or more of work loss. The stabilization of network infiastructure will allow the Kenai Police Department to comply with NENA (National Emergency Number Association) recommended standards for mechanical safety, construction, surface temperatures, wiring and call taker positions pursuant to NENA-04- 001. The new workstations will allow for essential wiring to be concealed from view but easily accessible for maintenance, repair and upgrade The securing of network servers and switches into a locked and ventilated storage rack system. will enable network administrators and oversight personnel security in the degree of access to these vital components. Currently all computer components are exposed and theoretically accessible by any personnel in their vicinity. Server downtime has resulted from overheating, power loss and dust buildup inside electrical components. The Kenai Police Department intends to seek through competitive bids the purchase of the required equipment and services to complete the Communications and Computer Systems Stabilization and Improvement Project. The purchase of equipment will provide positive employment and income to downstream employers, manufacturers, and workers consistent with the "Buy American" directives of the Recovery Act. -24- PROGRAM NARRATIVE (ATTACHMENT 1) RECOVERY ACT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITE' OF KENAI, ALASKA ORGANIZATION CAPABILITIES AND COMPETENCIES: The Kenai Police Department employs 18 swom officers, which includes the Chief and command staff. The Communications Department is a sub -department of the Police Department and employs 9 personnel, including the Communications Supervisor. The Chief of Police oversees all matters relating to the Police and Communications Department annual budgets, in addition to having oversight of all Police and Communications Departments functions. The Communications Supervisor oversees communications operations, which includes the implementation of grant activities. The Kenai Police Department is familiar with, and experienced in, the requirements of state and federally awarded equipment grants, having managed equipment grants from Alaska Highway Safety, Homeland Security and others. The City of Kenai Finance Department is also very familiar with federal grants and of the processes involved. The City Manager, City Council, and City Finance understand and support the Recovery Act. This grant will be administered by the Chief of Police and Communications Supervisor. The Chief of Police ensures that the requirements of the grant are implemented and completed, including all reporting requirements. The Communications Supervisor is responsible for the notification of approved grant programs, grant requirements, and grant activities to all pertinent members of the Communications Department. The Chief of Police is responsible for notification of grant activities to the City Finance Department and City Manager. The Chief of Police oversees the Communications Supervisor, and further holds the Kenai Police Department accountable to following through with the requirements in the Recovery Act. The City of Kenai Finance Department has the capability of depositing awarded grant funds into a unique budget account thereby restricting funds from general access and being expended on other non -associated projects. EXPEDITIOUS ACTIVITIES: It is anticipated that the Communications and Computer Stabilization and Improvement Project will begin immediately after the Recovery Act grant is awarded. The Kenai Police Department will seek competitive bids and contact interested vendors. After a specific vendor is located equipment will be ordered and it is anticipated that within 6-8 weeks components will be delivered and available for assembly and installation on site. Recovery act funds will result in the manufacture of specified components at the assembly plant and the jobs necessary to complete the task. Components will be shipped, employing those necessary. Assembly on site will require a contracted vendor. Also required will be technicians to disassemble existing work stations and rewire current radio and computer equipment into the new workstations. -25- PROGRAM NARRATIVE (ATTACHMENT 1) RECOVERY ACT: EDWARD RRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (SAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF KENAL ALASKA TIMELINE: Timeline estimates are provided below. It's believed that The Communications and Computer Stabilization and Improvement Project may be able to comply with Recovery Act Preferences for Quick -Start Activities. All efforts will be made to begin immediately in the hopes that at least 50 percent of funds for activities will be initiated within 120 days of the enactment of the Recovery Act. A theoretical timeline follows: PerCormarwe Award Week 1-4 Weni:5 Week 11-13 Week 14.17 Week 18 Activi..o IMilestanes Date Grant Awarded P XXXX C Seek Competitive Bids P XXXX & Award Contract C order Equipment P XXXX C Equipment Slopped & P XXXX I On -site C Install Equipment P XXXX C Acceptance Testing P XXXX C P = Projected C = Completed PERFORMANCE MEASIJRFS: Objective Performance Measures Data the grantee provides for 3-month reporting periodprovided) Description (Plain language explanation of what exactly is being a) flow many jobs were An unduplicated number of prevented from being jobs that would have been eliminated with the eliminated If not for the Recovery Act funding Recovery Act funding during the three-month Recovery Act: Number of jobs saved (by type) due to during this reporting quarter. Report this data for Preserving jobs Recovery Act funding. period? b) How many jobs each position only once that were eliminated within during the grant. A job can the last 12 months were include full time, part time, reinstated with Recovery contractual, or other Act funding? employment relationship. -26- PROGRAM NARRATIVE (ATTACHMENT 1) RECOVERY ACT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF KENAL ALASKA PERFORMANCE MEASURES: (CONTINUED) I Description (Plain Data the grantee provides language explanation of Objective Performance Measures for 3-month reporting what exactly is being period provided) Recovery Act: Number of jobs created (by type) due to Creating jobs Recovery Act funding. Repetitive Injury Reduction Computer Network Down Time Reduction. Network Component Security Number of complaints of repetitive stress injuries resulting from new ergonomic workstation use. Number of incidents requiring technical support due to network server and component arrangement. Number of time unauthorized personnel were able to gain access to network servers and infrastructure components that are secured in the server rack. How many jobs were created with Recovery Act funding this reporting period? Number of complaints by workers of repetitive stress injuries. Number of actual incident requiring technical support due to new arrangement methods. Number of times unauthorized personnel were able to access secure computer components in server rack. -27- jobs created due to Recovery Act funding during the three month quarter. Report this data for each position only once during the grant. A job can include full time, part time, contractual, or other A breakdown of the number of employees, their hours worked during the reporting. Period and any repetitive stress injuries reported. Number of incidents requiring technical support, issue causing problem and methods taken to resolve it. Number of times of unauthorized access, method of access and methods taken to prevent future occurrences. I : U POLICE DEPARTMENT 1V, mach Willow Snret Elsa=, AK a`€I Telephone (937) 283-7879 Fax (901) 283-2267 tgg BUDGET AND BUDGET NARRATIVE (ATTACHMENT 2) RECOVER17 ACT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF KENAI, ALASKA A. PERSONNEL Name/Position Computation Cost Subtotal S0.00 B. FRINGE BENEFITS Name/Position Computation Cost I Subtotal $0.00 C. TRAVEL TOTAL $0.00 NOTE: No additional personnel will be required to complete this project. Existing staff will be able to oversee its completion as part of their normally assigned duties. d".0 BUDGET AND BUDGET NARRATIVE (ATTACHMENT 2) RECOVERY ACT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF KENAI, ALASKA Item Computation Cast Er onomicWorkstations $8,250.71 per unit x2 $16,501.42 Server Rack Unit plus options cost $2,031.56 Additional storage units $256.25 per unit x3 $768.75 Rotatin resource storage unit $1865.00 for single unit $1,865.00 Adjustable monit6r arms Six units, various costs $1,422.50 E. SUPPLIES F. CONSTRUCTION m TOTAL $22,589.23 TOTAL $0.00 BUDGET AND BUDGET NARRATIVE (ATTACHMENT 2) RECOVERY ACT: EDW ARD RRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF K NAI, ALASKA G. CONSULTANTS/CONTRACTS Consultant Fees: Subtotal $0.00 ConsultantRivenses: Item. Location Computation Cost Subtotal $0.00 Contracts Item Cost Networking and Computer services relocation 1 $880.00 Radio equipment services relocation $5 000.00 i Workstation installation $4,470.00 Subtotal S10,350.00 TOTAL S10,350.00 -30- BUDGET AND BUDGET NAR ATAIE (ATTACHMENT 2) RECOVERY ACT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF RENAL ALASKA H. OTHER COSTS Description Computation Cost Transportation of materials Estimated cost i $3,100.00 1. INDIRECT COSTS -31- TOTAL $3,100.00 MrSI Tkt# BUDGET AND BUDGET NARRATIVE (ATTACHMENT 2) RECOVERY ACT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF KENAI, ALASKA Budget Category Amount A. Personnel $0.00 B. Fringe Benefits $0.00 C. Travel $0.00 D. Equipment $22,599.23 E. Supplies $0.00 F. Constructions $0.00 G. Consultants/Contracts $10,350.00 H. Other $3,100.00 Total Direct Costs $0.00 1. Indirect Costs $0.00 TOTAL PROJECT COSTS $36,049.23 Federal Request $30,738.00 Non -Federal Amount $5.311.23 -32- KEN U POLICE DEPARTMEENT 107 CaQYUth l illVW StE*,&t '1'ena4 kK 99'611 Telephone (907) 283-7879' Fax (907) 283-2267 veff- REVIEW NARRATIVE (ATTACHMENT 3) RECOVERY ACT: ED`VARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM: LOCAL SOLICITATION CITY OF KENAI, ALASKA DATE OF REVIEW, This JAG application was made available for review to the Mayor of the City of Kenai, City Manager, Finance Director, City Attorney, City Clerk and City Council on April 15', 2009. PUBLIC COMMENT: This application was made public at a regularly scheduled meeting of the City Council, an open meeting where citizens and neighborhood or community organizations were provided an opportunity to publicly comment on its objectives on April 15`n, 2009. MEMORANDUM! (See next pages) -33 ICE J POLICE DEPARTMENT IV Souffi Wffiow Stet :� Tete&h ne (907) 283-7&79 Fix (9011283-2267 10 APPLICANTS NAME: Michael L. Nusbaum PROJECT TITLE: Kenai Police Department Communications and Computer Systems Stabilization and Improvement STRATEGIES TO USE: Applicant will pursue through competitive bid a proven, industry recognized vendor of ergonomic workstations. The vendor will be responsible for surveying the existing workspace and ensuring equipment ordered will conform to applicant's specifications. Once the equipment has arrived technicians will begin the process of relocating the two existing 9-1-1 workstations to a secondary location within the building. After relocation is complete the old equipment will be removed from the workspace. Technicians and staff will clean the work area, test wiring and connections to ensure they are up to industry standards. A contractor will then begin the process of assembling the new workstations and position them in place. Technicians will then install the radio and 9-1-1 components into the new equipment. While the above work is taking place an information technology (IT) vendor will begin the process of relocating servers, unintemnptible power supplies and networking components into a full sized server rack storage system. MAJOR DELIVERABLES: Two full ergonomic workstations with sit -to -stand functionality, concealable computer storage and other modern features. One full-sized server rack storage system for network computer, switches and other equipment. COORDINATION PLANS: Applicant will coordinate work with a local communications vendor for removal and re -installation of radio equipment during activities. A local IT vendor will be necessary for computer and networking services. Kenai Peninsula Borough Management Information Systems (MIS) personnel will be necessary to perform removal, re -installation and testing of 9-1-1 systems. -34- APRIL 1, 2009 7:00 P.M. KENAI CITY COUNCIL CHi4ME http://www,ci.kenai,ak.us r r-r L 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) Charles Winegarden -- Application/Establishment of MAPS Special Zone Becky Espy/Colleen Ward -- Establishment of MAPS Special Zone ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2393-2009 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 22 Acres Located North of the Kenai Spur Highway From McCollum Drive West to No -Name Creek From Rural Residential I (RRI) and Conservation (C) to Limited Commercial (LC). 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. Ordinance No. 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." -35- 4. Resolution No. 2009-08 -- Awarding the Bid to Alaska Automatic Fire Protection, Inc. for Vintage Pointe Dry Sprinkler System Replacement - 2009 for the Total Amount of $49,574.00. (Clerk's note: Resolution No. 2009-08 was postponed at the March 18, 2009 council meeting related to request for further explanation of difference between amounts bid.) 5. Resolution No. 2009-09 -- Awarding the Bid to World Wide Roofing & Construction, Inc. for Vintage Pointe Casement Window Replacement - 2009 for the Total Amount of $94,297.00. (Clerk's note: Resolution No. 2009-09 was postponed at the March 18, 2009 council meeting related to protest of bid award submitted on March 18, 2009.) & Resolution No. 2009-12 -- Approving a Contract to North Star Paving & Construction, Inc. for the Project Entitled South Ames Road and Basin View Way Paving LID - 2009 for the Total Amount of $223,658.32. 7. Resolution No. 2009-13 -- Demonstrating Support for and Willingness to Work with the Kenai Watershed Forum on Three Fish Passage Projects Within the City of Kenai. 8. Resolution No. 2009-14 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Runway Safety: Taxiways F, G, and H Lighting, Grading, and Drainage - 2009 for the Total Amount of $451,676.00 Which Includes the Basic Bid and Additive Alternate. 9. *Liquor License Transfer -- From Foodtown Liquor, Inc. d/b/a Kenai Country Liquor to Country Liquor, LLC, d/b/a Country Liquor. ITEM F: MINUTES *Regular Meeting of March 19, 2009. *March 10, 2009 Kenai City Council Work Session Notes ITEM G: UNFINISHED BUSINESS ITEM H: Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *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." -36- 4. Approval -- Assignment of Lease -- Dennis D. Linnell; Eugene C. Chase, Harold R. Smith, and Robert E. Gerdon, Jr., d/b/a DEHR-Joint Venture to Dennis D. Linnell, Dennis R. Linnell and Betty J. Smith, d/b/a DEHR Joint Venture/Lot Seven (7), Etolin Subdivision, Second Addition. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon flask Force ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 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 FYI 0 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 -37- 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 No 00 7:00 P.M. CHKENAI CITY COUNCIL AMBERS 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. on ROLL CALL The City Clerk took roll. Present were: Robert Mollo Mike Boyle Pat Porter, Mayor Hal Smalle Joe Moore i Barry Eldridge Rick Ross Vice Mayor A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL The following changes were requested: ADD TO: ITEMS E-3 (Ordinance No. 2394-2009) and E-4 (Ordinance No. 2395-2009) -- Memorandum from Finance Director T. Eubank, recommending postponement of the ordinances. ADD TO: ITEM E-5 -- Resolution No. 2009.09 -- R. Koch letter to Sterchi Construction related to the March 18, 2009 letter of protest with comparison information. Dan Sterchi, Sterchi Construction -- 4/ 1/09 letter related to Item E-5, Resolution No. 2009-09. REMOVE FROM CONSENT AGENDA: Liquor License Transfer -- Foodtown Liquor, Inca d/b/a Kenai Country Liquor to Country Liquor, LLC, d/b/a Country Liquor. -39- KENAI CITY COliNCIL MEETING APRIL 1, 2009 PAGE 2 lt1i016 CONA Council Member Smalley MOVED for approval of the agenda with the inclusion of the additional information and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections, SO ORDERED. A-4. CONSENT AGENDA r Council Member Smalley MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: (10 minutes) Charles Winegarden -- Application/Establishment of MAPS Special Zone Reviewed information included in the packet related to the MAPS Special Zone petition/application he submitted to administration and noted specifics of the proposed zone which he and neighborhood property owners felt would be a compromise to the rezoning of the Spur Highway corridor. Becky Espy/Colleen Ward -- Establishment of MAPS Special Zone Continued Winegarden's review of the information included in the packet related to the proposed MAPS Special Zone. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Debbie Sonberg, 410 Cinderella Street, Kenai -- Requested clarification related to having copies provided of consent agenda items. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly Member Smalley provided a brief report of actions and discussions taken during the March 24, 2009 Borough Assembly meeting. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2393-2009 -- Amending the Official Kenai Zoning Map by Rezoning Approximately 22 Acres Located North of the Kenai Spur Highway From McCollum Drive West to No -Name Creek From Rural Residential I (RRI) and Conservation (C) to Limited Commercial (LC). y KENAI CITY COUNCIL MEETING APRIL i, 2009 PAGE 3 MOTION, Council Member Eldridge MOILED for adoption of Ordinance No. 2393-2009 and Council Member Ross SECONDED the motion. The floor was opened for public hearing. Glenda Feeken, 10672 Kenai Spur Highway, Kenai -- Spoke in support of the ordinance. Leonor Fraser, 315 S. Kobuk Street, Soldotna -- Spoke in opposition to the ordinance. Pat Falkenberg, 399 McCollum Drive, Kenai -- Spoke in opposition to the ordinance. Keliie Kelso, 117 Walker lane, Kenai -- Spoke in opposition to the ordinance. Blaine Gilman, 130 South Willow Street, Kenai -- Spoke in support of the ordinance. Karen Koester, 845 Set Net Drive, Kenai -- Speaking as a resident, Koester stated her support of the ordinance. Sylvia Stuart, 401 McCollum Drive, Kenai -- Spoke in opposition to the ordinance. Steven Craig Wortham, 35095 K-Beach Drive, Kenai -- Spoke in support of the ordinance. Justin Wilshusen, 306 Hutto, Kenai -- Spoke in opposition to the ordinance. Mark Schrag, 312 Princess Drive, Kenai -- Spoke in opposition to the ordinance. Todd Wortham, 47556 Grant Avenue, Kenai -- Spoke in support of the ordinance: Don Wright, 604 McCollum Drive, Kenai -- Spoke in opposition to the ordinance. Janine Espy, 403 McCollum Drive, Kenai -- Spoke in opposition to the ordinance. Gloria Wik, 707 Magic Avenue, Kenai -- Spoke in opposition to the ordinance. Charles Winegarden, 309 Princess, Kenai -- Spoke in opposition to the ordinance. Becky Espy, 903 Magic Avenue, Kenai -- Spoke in opposition to the ordinance. -41- KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 4 Kellie Wannamaker, 603 Magic Avenue, Kenai -- Spoke in opposition to the ordinance. Debbie Sonberg, 410 Cinderella, Kenai -- Spoke in opposition to the ordinance. Richard Kelso, 117 Walker Lane, Kenai -- Spoke in opposition to the ordinance. Ed Steiner, 4192 Beaver Loop Road, Kenai -- Spoke in opposition to the ordinance. There being no one wishing to speak, the public hearing was closed. Council discussed the issue with comments including: • Concern with some of the "whereas" paragraphs and did not support the ordinance. Mayor Porter noted the municipal code indicated a council member could speak twice on one issue and suggested the rules be suspended to allow for council members to speak more than twice to an issue. MOTION: Council Member Ross MOVED to suspend the rules and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There were no objections. SO ORDERED. Council discussion continued: s Question of who wanted the rezone: were there letters from the State of Alaska and Borough stating they supported the rezone; concerns of removing properties from Conservation; if the ordinance would be passed, would want some reassurance the property taxes of the residents would not be raised because of it; and, there was no 'opt out" for property owners as had been done in other instances. • Would like any approved conditional use permits to travel with the property if sold. s The issue would have been easily solved if a conditional use permit had been pursued. • Suggestion an urban renewal expert be contracted to assist in a comprehensive plan review. • Historical information provided vNnth regard to airport lands being zoned conservation. -42- KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 5 i Support of the ordinance, noting it was a multiuse zone, there were suggested changes brought about from testimony received, felt the zone and amendments to the zone would be good for the area and the other area already in the LC zone. • The Comprehensive Plan stated care should be given to the Spur Highway Corridor and the LC zone was developed to allow small businesses with low impact, with landscaping requirements included. The Planning & Zoning Commission would consider modifications to the zone to eliminate some of the objectionable concerns currently allowed in the zone. r Did not believe the Spur Highway corridor was conducive to residential zone; wanted to move Kenai forward and felt the rezone would do that; and supported the rezone. • Did not support the rezone, felt the zone would not be consistent with the Comprehensive Plan; suggested the MAPS Special Zone go through the public process; and, the MAPS area was a unique area and felt there were some good ideas included in the MAPS submittal. • Did not support the ordinance due to the wide range of opposition and suggested the MAPS Special Zone be considered. • Felt the current RRI zone had transition. • Would like to protect the Alaska flavor of the property. ® The LC zone was added to the code in 2003-2004; unaware of any 'opt outs" from the zone; would cause spot zoning; the Commission would be reviewing suggested amendments to the zone to place limitations to access; and, residential development would still be an option. ® Kenai had limited area for new businesses to develop; cannot force people to sell property or require businesses to buy old buildings; an effort was made to encourage use of old buildings; two parcels of the property would have an access road and all others had a 33 foot easement that could be vacated; and, there would be no direct access through properties. • Believed the LC zone was established for a transition of highway and neighborhood; felt the residential area would protect traffic activity; and, believed the zone would be in the best interest of the city to move Kenai forward. ® All council members were trying to make a reasonable judgment; the Commission would have a work session and would consider the MAPS Special Zone, etc.; and, would like to table the ordinance to allow them to go through the process. u • � �T•3iaT�:�AaF Council Member Molloy MOVED to table Ordinance No. 2393-2009 and Council Member Boyle SECONDED the motion. *Student Representative Johnson: Yes -43- KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 6 Molloy Yes Boyle Yes Porter No Smalley Yes ge 1 No Ross No VOTE ON MAIN MOTION: `Student Representative Johnson: No Molloy No Boyle No Porter Yes Smatle No Moore Yes Eldrid e Yes Ross Yes � MOTION PASSED. rr-• E-2. 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. Council Member Molloy MOVED to enact Ordinance No. 2394-2009 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. There were no council comments. Council Member Molloy MOVED to postpone Ordinance No. 2394-2009 consistent with the Finance Director memorandum of April 1, 2009 (included in the packet). Council Member Smalley SECONDED the motion. *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore 1 Yes Eldridge Yes KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 7 Ross Yes E 3. Ordinance No. 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." MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2395-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. MOTION TO POSTPONE: Council Member Eldridge MOVED to postpone Ordinance No. 2395-2009 in accordance with the Finance Director's memorandum. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. 0031esri]*JiU74iA There were no objections. SO ORDERED. E-4. Resolution No. 2009-08 -- Awarding the Bid to Alaska Automatic Fire Protection, Inc. for Vintage Pointe Dry Sprinkler System Replacement - 2009 for the Total Amount of $49,574.00. (Clerk's note: Resolution No. 2009-08 was postponed at the March 18, 2009 council meeting related to request for further explanation of difference between amounts bid.) tiT(sTiiT+7�A Council Member Eldridge MOVED for adoption of Resolution No. 2009-08 and requested UNANIMOUS CONSENT. 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. There were no council comments. VOTE: -45- KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 8 There were no objections. SO ORDERED. E-5. Resolution No. 2009-09 -- Awarding the Bid to World Wide Roofing & Construction, Inc. for Vintage Pointe Casement Window Replacement - 2009 for the Total Amount of $94,297.00. (Clerk's note: Resolution No. 2009-09 was postponed at the March 18, 2009 council meeting related to protest of bid award submitted on March 18, 2009.) rif1119(8)4F Council Member Eldridge MOVED for approval of Resolution No. 2009-09 and requested UNANIMOUS CONSENT, Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Boyle objected to the request for unanimous consent, stating his concern with regard to the protest of the award submitted earlier. A brief discussion followed during which knowledge of the Alaska Windows product was discussed, along with concern if the resolution was postponed to April 15, the bid price for the product would be jeopardized. Boyle withdrew his objection to unanimous consent. VOTE: There were no objections. SO ORDERED. E-6. Resolution No. 2009-12 -- Approving a Contract to North Star Paving Construction, Inc. for the Project Entitled South Ames Road and Basin View Way Paving LID - 2009 for the Total Amount of $223,658.32. Council Member Molloy MOVED for approval of Resolution No. 2009-12. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. 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: o KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 9 There were no objections. SO ORDERED. E-7. Resolution No. 2009-13 -- Demonstrating Support for and Willingness to Work with the Kenai Watershed Forum on Three Fish Passage Projects Within the City of Kenai. Council Member Eldridge MOVED for approval of Resolution No. 2009-13 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. Council Member Ross objected to the request for unanimous consent. The floor was opened for public hearing. Robert Ruffner, Executive Director of Kenai Watershed Forum, 44539 Sterling Highway, Soldotna -- Spoke in support of the resolution and explained the grant accessibility, etc. A brief council discussion with Ruffner followed with comments including: • Concern replacing the culverts could result in adult salmon returning to that stream and create bear issues and attractants. • Because adult salmon did not come as far as the culvert currently, they would not come into the bottom of the stream. ® Because the culvert at Lawton stream was not in line with State code, if Lawton Drive was improved, the culvert would need to be replaced. ® Support of the resolution as the City would then come into compliance with the State without cost to the City. MOTION TO AMEND: Council Member Molloy MOVED to add a "whereas" paragraph immediately before the "now, therefore" paragraph to state: "Whereas, the three projects will assist the City of Kenai in compliance with AS 41,14.840 through .870." Council Member Boyle SECONDED the motion. *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes -47- KENAI CITY COUNCIL MEETINTG APRIL 1, 2009 PAGE 10 *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter No Smalley Yes j Moore Yes Eldridge Yes Ross No E-14. Resolution No. 2009-14 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Runway Safety: Taxiways F, G, and H Lighting, Grading, and Drainage - 2009 for the Total Amount of $451,676.00 Which Includes the Basic Bid and Additive Alternate. F5747f rk Council Member Eldridge MOVED for approval of Resolution No. 2009-14 and requested UNANIMOUS CONSENT. 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. There were no council comments. VOTE: There were no objections. SO ORDERED. E-9. Liquor License Transfer -- From Foodtown Liquor, Inc. d/b/a Kenai Country Liquor to Country Liquor, LLC, d/b/a Country Liquor. Item was removed from the consent agenda. Council Member Molloy MOVED to approve the liquor license transfer from Foodtown Liquor, Inc. d/b/a Kenai Country Liquor to Country Liquor, LLC, d/b/a Country Liquor. Council Member Smalley SECONDED the motion. Because Foodtown Liquor was his client and after speaking with the City Attorney, Council Member Moore stated a conflict and that he would abstain from voting. ME KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 11 VOTE: *Student Representative Johnson: Yes Molloy Yes Bo le Yes Porter Yes Smalley Yes Moore Abstain7 Eldnd e Yes Ross Yes MOTION PASSED UNANIMOUSLY. ITEM F: MINUTES F-I. Regular Meeting of March 18, 2009 -- Approved by consent agenda. F-2. March 10, 2009 Kenai City Council Work Session Notes -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-I. Ratification of Bills 76 r Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 � r n Council Member Eldridge MOVED for approval of 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. 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." Introduced by approval of the consent agenda. ME KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 12 H-4. Approval -- Assignment of Lease -- Dennis D. Linnell, Eugene C. Chase, Harold R. Smith, and Robert E. Gerdon, Jr., d/b/a DEHR-Joint Venture to Dennis D. Linnell, Dennis R. Linnell and Betty J. Smith, d/b/a DEHR Joint Venture/Lot Seven (7), Etolin Subdivision, Second Addition. Council Member Smalley MOVED for approval of H-4, Assignment of Lease, Dennis D. Linnell, Eugene C. Chase, Harold R. Smith, and Robert E. Gerdon, Jr., d/b/a DEHR- Joint Venture to Dennis D. Linnell, Dennis R. Linnell and Betty J. Smith, d/b/a DEHR Joint Venture/Lot Seven (7), Etolin Subdivision, Second Addition. Council Member Moore SECONDED the motion. Lr 310 *Student Representative Johnson: Yes Mollov Yes . Bo le Yes Porter Yes Smalley 1 Yes { Moore Abstain Eldridge Yes Ross I Yes MOTION PASSED UNANIMOUSLY. ITEM 1: • •N /COMMITTEE REPORTS I-1. Council on Aging -- Council Member Ross reported a meeting was scheduled to be held on Thursday, April 9, 2009. 1-2. Airport Commission -- Council Member Eldridge reported a meeting was scheduled to be held on Thursday, April 9, 2009. 1.3. Harbor Commission -- Council Member Smalley reported a meeting was scheduled to be held on Monday, April 6, 2009. I-4. Library Commission -- Council Member Boyle reported a meeting was scheduled to beheld on Tuesday, April 7, 2009. 1-5. Parks & Recreation Commission -- Council Member Moore reported a meeting would be held on Thursday, April 2, 2009. I-6. Planning & Zoning Commission -- Council Member Molloy reported the next meeting was scheduled for April 8, 2009 and reviewed the minutes of the March 25, 2009 meeting which were included in the packet. me KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 13 I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter reported a special meeting was scheduled for April 14, 2009. I-7b. Alaska Municipal League Report -- Council Member Smalley gave a brief report including, on a teleconference meeting was scheduled for April 6, a meeting scheduled to be held in Anchorage on April 25, and the summer AML meeting scheduled for August 12-14, 2009 to be held in Palmer. I-7c. Mini -Grant Steering Committee -- No report. I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported a meeting was scheduled for April 16, 2009. I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley reported on a meeting held on March 23, 2009 and noted, the next meeting would be held on April 27, 2009. I-7f. Salmon Task Force -- Council Member Moore reported a meeting would be held before the May i$ work session with council. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: ® She attended a reception for Mark Hamilton, President of University of Alaska. • She and a constituent met with Senator Wagoner and discussed the possibility of a statewide clean air (smoking) law. She noted, Senator Wagoner requested a follow-up letter be sent and asked if council had objection to her sending a letter. Objection was stated due to concern the council had not taken a position on the issue and that a letter should not be written prior to the council's work session on the subject. Porter agreed not to send a letter until after the work session. K-1. City Manager -- City Manager Koch reported the following: • Gave a brief update on the progress of the bluff erosion project funding effort. • As the State Legislative Session was coming to a close, the city's funding requests remained in the budget. Council comments, questions and responses included a brief discussion of the City's continuing investigation of ventilation issues at Vintage Pointe; Aliak Street drainage steaming; off -road vehicle (ATV, snow machine, etc.) use of city streets; and, follow-up request for a list of Saturday Market vendors from the Visitors Center. A work session -51- KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 14 related to the off -road vehicle use of city streets was suggested, however Administration was requested to investigate and report back to council before summer. K-2. Attorney -- City Attorney Graves reported the following items: • The Kenai Municipal Code did not speak to a requirement that copies of consent agenda items must be provided to the public as suggested by the speaker earlier in the meeting other than including consent agenda items on posted council meeting agendas and copies of the items in the council packets. He noted, in addition to what code required, consent agenda items are posted on the city's webpage. • The reference checks of applicants for the city attorney position were progressing. K-3. City Clerk -- City Clerk Freas reported the following: • Noted this had been the first time the city council meeting was audio/video "streamed" onto the Internet from the City's webpage. • Effective meetings training for commissions and committees held on March 28, 2009 was very successful and had been recorded. • Effective meetings training for council and Planning & Zoning Commission members was scheduled for April 4, 2009 and would be recorded for use until next year's training session. ITEM L: DISCUSSION L-1. Citizens (lave minutes) Duane Bannock, KPB Spruce Bark Beetle Program Director -- Requested to be included the next meeting's agenda to present a program update. Bannock also noted he and his family were pleased to have moved back to Kenai. Mark Schrag, 312 Princess, Kenai -- Requested assurances the Limited Commercial development would not go more than one lot deep. Schrag was encouraged to attend the Planning & Zoning Commission's work session as access/egress to the lots to be zoned LC would be discussed. L-2. Council Boyle -- No comments. Molloy -- • Thanked former Student Representative Krusen for insight about "streaming" council meetings and thanked City Manager Koch, City Clerk Freas and the IT people for making it happen. -52- KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 15 s Stated he had some concerns with Ordinance No. 2396-2009 related to release of public records and may request it be postponed after holding the public hearing. ® Received information from the city manager related to Ordinance No. 2347-2008 with regard to preparation, distribution and publication of the council meeting agenda. He expected to have the ordinance back to council for consideration at the May 20 council meeting. Ross -- Thanked Ruffner for attending the meeting and being prepared to speak to the subject. Johnson -- Reported the high school play would be presented during the weekend. Eldridge -- No comments. Moore -- No comments. Smalley -- Stated he was pleased with the streaming and confirmed Ordinance No. 2393-2009 would be effective in 30 days. 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 Na. 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 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.) -- None Scheduled -53- KENAI CITY COUNCIL MEETING APRIL 1, 2009 PAGE 16 ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:43 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. on PAYMENTS OVER $16,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF- APRIL 15, 2008 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT cri INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. PIPER JAFFRAY & CO. US GOVT SECURITY 4/1812014 1,000,000.00 8.44% PURCHASE ORDERS OVER $16,000.00 WHICH NEED COUNCIL APPROVAL VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT BLAZY CONSTRUCTION SPORTS COMPLEX STORAGE SHED KENAI SOCCER PARK CONSTRUCTION INCREASE OF EXISTING PURCHASE ORDER 19,431.00 VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT C37 VINTAGE POINTE CASEMENT WINDOW TRIPLE PANE WORLD WIDE ROOFING REPLACEMENT 90046 - CONG. HSG. CONST. WINDOWS 7,200.00 101,497.00 "Villa e with a lest, City with a Future " n the city u f KENAASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 hAd Telephone: (907) 283-7535, Ext. 2361 FAX: (907) 283-3014 1992 fUT]Jdrfl'�_AM:�J TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: 8 April 2009 SUBJECT: VINTAGE POINTE CASEMENT WINDOW REPLACEMENT-2009; UP -GRADE FIBERSHIELD WINDOWS FROM 2-PANE TO 3-PANE Rick, The basis of bid by World Wide Roofing & Construction, Inc. for the subject project was the 2-pane Fibershield window. Council awarded this contract to World Wide Roofing & Construction per their $94,297.00 bid at the 1 April 2009 meeting. We have now learned from World Wide Roofing & Construction, Inc. that their 3-pane Fibershield window is available for an additional $7,200, The 3-pane windows are over 35% more energy efficient than the 2-pane Fibershield window. Furthermore, the 3-pane Fibershield window has a 50 year warranty on the frame & sash in lieu of a 20-year warranty for the 2-pane Fibershield window. World Wide Roofing & Construction, Inc. also states that Pioneer Glass is currently geared to produce the 3-pane window which would help improve the project schedule. However, Pioneer Glass is fully capable of readily producing the 2-pane windows if the City decides to order them. i recommend that we request the City Council to increase the current approved Purchase Order of $94,297.00 to World Wide Roofing & Construction, Inc. by $7,200 so the City can order the 3-pane Fibershield windows for this project. The long term energy savings and additional warranty of these 3-pane windows would be in the best interests of the City. -57- Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $65,750 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 $225,500 for design and engineering and construction for the project via Ordinances No. 2330-2008 and 2377-2009. WHEREAS, bids received for construction of the parking lot have exceeded original estimates and funds available to complete the project by $65,750; and, WHEREAS, the State of Alaska intends to lease the parking lot from the City on a long term lease; and, WHEREAS, at the increased project cost of $291,250, it is estimated the rate of return earned by the Airport Special Revenue Fund over the 20-year life of the lease will be approximately 6.08%; and, WHEREAS, a return of 6.08% for exceeds the current rate of return being earned and is a reasonable rate of return for the life of the investment; 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 865,750 Increase Appropriations: Transfer to Capital Project Fund $65,750 Courthouse Parking Capital Project Fund Increase Estimated Revenues: Transfer from Airport Special Revenue Fund $65,750 New Text Underlined; [DELETED TEXT BRACKETED) i Ordinance No. 2397-2009 Page 2 of 2 Courthouse Parking Capital Project Fund - Continued Increase Appropriations: Construction $65,750 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 1 el -If - PAT PORTER, MAYOR Introduced: April 15, 2009 Adopted: May 6, 2009 Effective: May 6, 2009 New Test Underlined; [DELETED TEXT BRACKETED] -59- t(�e cc cl KENAI, ALASKA To: Rick Koch, City Manager 1111 lage with a Past, Lf (r# A a r�a� ure �e FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 71 L From: Terry Eubank., Finance Director Date: April 9, 2009 Re: Ordinance 2397-2009 Investment returns for Courthouse Parking Lot Construction Project, The following is an analysis of the return on investment to the Airport Fund for construction of the Kenai Courthouse Parking Lot. In order to complete the analysis the following assumptions were made: • Total Construction Cost $269,250 which does not include contingency of $22,000. • Estimated value of improvements at lease termination $544,590 • Annual lease starting at $25,700 comprised of $13,100 for improvements and $12,600 based upon value of land. • Land assumed to increase in value by 15% between 2009- 20I5, 2016-2020, and 2021-2025. Utilizing these assumptions the annual rate of return for the project is 6.08%. Meaning an investment by the Airport of $243,550 (construction costs less the first years lease payment) for twenty years that earns a rate of return equal to 6,08% over its entire life would be equivalent to the proposed construction project and long-term lease with the State of Alaska. The current rate of return for the City's and the Airport Fund is 2.41 %. While I will not attempt to predict interest rates, I am comfortable saying there are no indications our investment return would reach or surpass the rate of return for the project in the near future. Based upon the disparity between our current rate of return and the credit worthiness of the leasee, 1 believe investment in the project is in the best interest of the Airport Fund. e b KENAI, ALASKA Suggested by: Administration MEWARTSWOK M. ORDINANCE NO. 2398-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, via Ordinance No. 2321-2008, the City appropriated a State of Alaska grant for public improvements by placing $250,000 in the Library Expansion Capital Project and the remaining $750,000 in the Street and Sewer Capital Project Fund; and, WHEREAS, unexpended and unencumbered funds of approximately $170,000 in the Library Expansion Capitol Project Fund is insufficient to award the next design phase of the project; and, WHEREAS, grant provisions do not prohibit our ability to direct more of this grant to the Library Expansion Project; and, WHEREAS, $605,160 of the original $750,000 directed to the Street and Sewer Capital Projects Fund remains unidentified to specific projects; and, WHEREAS, it is in the best interest of the City of Kenai to continue the design in working toward completion of the Expansion Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Street and Sewer Capital Projects Fund Decrease Estimated Revenues: State Grants Decrease Appropriations: Construction Library Expansion Capital Project Fund Increase Estimated Revenues: State Grants Increase Appropriations: Construction $250,000 $250,000 $250,000 $250,000 New Text Underlined; (DELETED TEXT no Ordinance No. 2398-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: /, - PAT PORTER, MAYOR Introduced; April 15, 2009 Adopted: May 6, 2009 Effective: May 6, 2009 Nm—le-xrt Underlined; (DELETED TEXT HRACKETED1 -62- CITY OF KENAI NENALL KAtSKA Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,221.96 IN THE GENERAL FUND FOR LIBRARY TRAVEL AND TRANSPORTATION. WHEREAS, the City of Kenai has received $1,221,96 Continuing Education Grant from the Alaska State Library; and, WHEREAS, these funds paid for one additional staff member to training at the 2009 Alaska Library Association Conference in Kodiak; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its employees. 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: Library - State Grants $1,221.96 Increase Appropriations: Library - Travel & Transportation $1,221.96 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance:_^ PAT PORTER, MAYOR Introduced: April 15, 2009 Adopted: May 6, 2009 Effective: May 6, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -63- _ Suggested by: Administration eFL«ry CITY OF KENAI KENAI. ALASKA \W ORDINANCE NO. 2400-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,173 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 $5,173 from January 1 to March 31 of 2009, and, WHEREAS, overtime for this program is not included in the departments annual budget request necessitating the need to replenish this budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Police — State Grants $5,173.00 Increase Appropriations: Police — Overtime $5,173.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of May, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: �/ •A Introduced: April 15, 2009 Adopted: May 6, 2009 Effective: May 6, 2009 tAc uty r%/ CITY OF KENAI Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $853.55 IN THE GENERAL FUND FOR FORENSIC COMPUTER TRAINING FROM INTERNET CRIMES AGAINST CHILDREN (ICAC). WHEREAS, the Kenai Police Department is an active member in good standing with the Federal Internet Crimes Against Children (ICAC) task force; and WHEREAS, two Kenai Police Department investigators attended forensic computer training from February 17 to February 20, 2009 in Anchorage to improve their investigations of computer -related crimes involving the exploitation and abuse of children; and, WHEREAS, the ICAC regional director has approved reimbursing the Kenai Police Department $853.55 for the costs of the training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Police - Federal Grants $853.55 Increase Appropriations: Police - Travel & Transportation $853.55 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of May, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: �- Introduced: April 15th, 2009 Adopted: May 6th, 2009 Effective: May 6th, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -65- Suggested by: Administration CITY OF KBNAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $5,000 WITHIN THE GENERAL FUND/NON- DEPARTMENTAL ACCOUNT AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 TO PROVIDE FOR ADDITIONAL FUNDING FOR THE SOCCER PARK MAINTENANCE BUILDING PROJECT. WHEREAS, as part of the Soccer Park Maintenance Building Project, the City has purchased two storage units at a total delivered cost of $6,713; and, WHEREAS, the City has received a quotation to construct a covered area to span between the two units at a base cost of $19,431; and, WHEREAS, a concrete slab was included in the quotation as an additive alternate and was quoted at $3,473; and, WHEREAS, insufficient funds remain in the project to award the base bid plus the additive alternate and Administration believes the value added to the facility by including a concrete slab will greatly exceed the cost to install it; and, WHEREAS, sufficient funds have been identified in the General Fund -Non - Departmental -General Contingency account to cover the additional funding needed. 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: Non -Departmental - General Contingency $5,000 To: Non -Departmental - Transfers $5,000 Appropriation - Soccer Park Capital Project Fund Increase Estimated Revenues: Transfer From General Fund $5,000 Increase Appropriations: Construction $5,000 New Text Underlined; [DELETED TEXT Ordinance No. 2402-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of May, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: _7" - Introduced: Adopted: Effective: New Text Underlined; [DELETED TEXT BRACKETED] -67- April 15, 2009 May 6, 2009 May 6, 2009 /r a l e ,with a Past, C# with 4 Futare' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 } Telephone: 907-283-3692 / FAX: 907-283-3693 fui3�u`Ci • : � ! 11�: To: Rick Koch, City Manager Thru: Wayne Ogle, Public Works Director From: Robert J. Frates, Parks & Recreation Directolp Date: April 3, 2009 Subject: Kenai Sports Complex Storage Shed A total of seven cost proposals were either delivered to or picked up from the potential vendors, including: Blazy Construction, Reilly Construction, Kenai Self Storage, Sterchi Construction, Dutcher Contracting, Standard Steel, and Fireweed Fence. The City received three quotes on 23 March 2009 by the following vendors: Vendor Total w/o concrete floor Total w/ concrete floor Blaz Construction, Inc. $19,431.00 $22,904.00 Dutcher Contracting $22,203.36 $25,353.36 Sterchi Construction Non -responsive $25,413.00 Blazy Construction provided the lowest quote for the subject project, both with and without a concrete floor. Quotes were reviewed and it has been determined that Blazy Construction provided a responsible quote. I recommend the City award the project to Blazy Construction for the construction of the Kenai Sports Complex Storage Shed in the amount of $19,431.00. Since Capital Project Funds are insufficient for the concrete floor, it is my recommendation to transfer an additional $5,000 from the General Fund to the storage shed project account in order to construct a concrete floor. The transfer of money from General Fund Contingency to a Capital Project will require an Ordinance and approval from Kenai City Council. The following are some justifications for constructing a concrete floor: 1. More cost effective to include concrete floor during construction phase rather than at a later date. 2. Provides a more functional floor and stable platform for shelving and storage. 3. Ease of care and cleaning. 4. Provides easy access and maneuvering of equipment. 5. Durability — will stand up to weather conditions. Na ��� tlreuivoi f/ ip 17474- �, ""Village with a Fast, C# with a h4tare rr 210 Fidalgc Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us Date: April 7, 2009 To: Rick Koch, City Manager I From: Kim Howard, Assistant to the City Manager RE: Assignment of and Amendment to Lease — ZYX Holdings Incorporated, and Franklin G. Worthanr and Charles B. Versaw, individually to Arctic Barnabas Ministries, Inc./Lot 5, Block 5, Amended Plat of General Aviation Apron No. I ZYX Holdings Incorporated, and Franklin G. Wortham and Charles B. Versaw, Individually, have requested an assignment of their lease for the above referenced property to Arctic Barnabas Ministries, Inc. The location of the property is shown on the attached map and the purpose of the lease is for a flying instruction business. The property is Airport Land, inside of the Airport Reserve. The Iease states the lease shall not "assign his lease or any part, nor let, nor sublet, either by grant or implication, the whole part of the premises or any part without consent of the City." Arctic Barnabas Ministries, Inc. intends to use the property for a hangar and office facility. They have submitted a proposal with a conceptual development plan. The parties are in compliance with the City and with the Kenai Peninsula Borough. The City Attorney has reviewed the attached documents and has no objection as to the forms. If Council approves the Assignment of and Amendment to Lease, the consent can be executed by the City Manager. Cc: Kenai Airport Commission Attachments ASSIGNMENT OF AND AMENDMENT TO LEASE This assignment is entered into between Z.YX HOLDINGS INCORPORATED, and FRANK MIN G. WORTIIAM and CHARLES B. VERSAW, individually, whose address is 135 N. Willow Street, Kenai, Alaska 99611, (Assignor) and ARCTIC BARNABAS MINISTRIES, INC. whose address is 135 Granite Point Court, Kenai, Alaska 99611 (Assignee). Assignor does hereby assign and transfer all of his interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded April 20, 1996, at Book 94, Page 339, Kenai Recording District, and covering the following -described property: Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1, according to Plat No. 2004-20; to Assignee to have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. FURTHER, said lease is hereby amended to change the purpose for which the lease is as follows: Assignment of Lease — Page I of 5 -70- Hangar and office facility with all the other terms and conditions to remain the same. IN WITNESS WHEREOF, the said Assignor has hereunto set his Band and seal this day of 2009. (If Lessee is a Corporation) ATTEST: Name Title Assignment of Lease — Page 2 of 5 ASSIGNORS: 0 MM -71- ZYX HOL➢INGS INCORPORATED Signature FRANKLIN G. WORTHAM, INDIVIDUALLY Signature CHARLES B. VERSAW, INDIVIDUALLY Signature ASSIGNEE: By: (If Lessee is a Corporation) ATTEST: Name Title STATE OF ALASKA } )ss THIRD JUDICIAL DISTRICT } ARCTIC BARNABAS MINISTRIES, INC. Name Title THIS IS TO CERTIFY that on this day of 2009, Franklin G. Wortham, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) Assignment of Lease— Page 3 of 5 Notary Public for Alaska My Commission Expires: -72- THIS IS TO CERTIFY that on this day of , 2009, Charles B. Versaw, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2009, (Naive), (Title) of ZYX HOLDINGS INCORPORATED, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. (If Lessee is a Corporation) ATTEST: Title STATE OF ALASKA Assignment of Lease— Page A of 5 Votary Public for Alaska My Commission Expires: -73- ) as. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 2009, Name: , Title: of being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Approved as to form: Cary R. Graves, City Attorney Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Assignment of Lease — Page 5 of 5 Notary Public for Alaska My Commission Expires: -74- G ryoa ry"o 2 / v 2 z�03 ti 11 9A 1 A (4) 2 y "h Mh 7 "ham 6-B " " \� pO 6 °� e 1 A � " Ma 14 4 �J} v " 4-A hh Subject 1 Parcel3 ry� I� < " ah 2 d 3 oJo inA WUN10iA C 6� n TR. A r�o �o � 5 04/06/2009 11:09 4606411371 WOR7HAM PAGE 02 D 4�o61a 9 , e �� -76- Charles B. Versaw 135 N. Willow Street Kenai, AK 99611 907-368-3606 City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 RE: Re -assignment of Lease As a lessee I request that the city council approve the assignment of lease Lot 5, Block5, GAA to Artie Barnabas Ministries. Charles B. Versaw -77- Received APR 7 2009 4-7-2009 Mr. Rick Koch City of Kenai Manager 210 Fida Igo Ave. Kenai, Alaska 99611 Subject: Proposal for reassigning of airport property lease from The Flying Network to Arctic Barnabas Ministries located at 135 N. Willow, Kenai, Alaska 99611 Dear Mr. Rick Koch, Arctic Barnabas Ministries, Inc. (ABM) is a 501(c)(3) non-profit corporation that exists to support Alaska bush missionaries. Currently, five aircraft are owned by or related to our operations. Because the focus of ABM is providing services to those who are off the road system, owning and operating aircraft is critical to the functioning of the business. Arctic Barnabas Ministries intends to occupy 135 N. Willow utilizing the existing building as office space. ABM also intends to construct an 80x80 aircraft hangar near the back of the lot between the existing building and the taxiway. Please see attached conceptual site plan. The proposed start date is May 2009, completion date of May 2011 with a budget under $500k. Upon approval of lease reassignment and prior to breaking ground ABM will prepare and submit a site plan for city code review and approval and apply for required building permits. The Flying Network has accepted ABMs offer to purchase 135 N. Willow, the closing is tentatively scheduled for April 24, 2009, Thank you so much for your consideration and please do not hesitate to call with any questions. Best regards, Jonathan Peters Executive Director Arctic Barnabas Ministries C. 907-350-2004 1 35 GRANITE POINT COURT, KENAI, ALA9KA 9961 1 IN TEL (907) 2EM-2377 FAx (907) 283-3347 - Mer 2009 S M T W T F S' 1 2 n 4 5 6 7 R 9 10 It % 1314 15 16 17 19 19 20 21 22 23 25 25 26 27 29 29 30 31 May 2009 S M.T W T F N 1 2- 3 4 5 E 7 R 9 IR i1 12 13 14 15 16 11 11 19 20 21 22 23 24 25 26 27 29 29 30 3: 1 CITY COUNCIL Parks & r MEETING, 1p, RecreaWon Council Comm{aeinn Chambers meming, 1p, Council Chambers 3 4 5 6 7 8 9 10 11 j Harbor Library PLANNING & Airport Commission Commission ZONING Commission } 1 meeting, 7p, meeting, 7p, COMMISSION meeting, 7p, ` j Council Council MEETING, 7p, Council I j Chambers Chambers Council Chambers I Chambers Council on Aging, 4:30p, n Senior Center i'l.R�rfBLf� P I i 12 113 14 15 16 17 18 CITY COUNCIL MEETING, 7p, j Council i i I Chambers I i 19 120 21 22 23 '24 25 j PLANNING & ZONING COMMISSION - MEETING, 7p, Council Chambers 26 127 28 29 I 1 30 I I COUNMICOMMrSSrON NEE 7NG CALENDAR 1 2 Api2009 'J.2009 S M T W T F S' 5 M'T W T.F 5'. 1. 2 3 4 1 2 3 4 5 6- 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 11 18.. 14 15 16 17 It 19 20,' 19 20 21 22 23 24 25. 21 22 23 24 25 26 27 26 27 28 29 30 28 2930 3 14 5 6 17 8 9 Library CITY COUNCIL Commission, MEETING, 7p, 7p, Council Council - Chambers Chambers 10 1 .11 12 13 14 15 16 Harbor Beautification PLANNING & AtmPO - Commission, Committee, 7p, ZONING cen„aladen meatus, 7p, 7P, Council Council COMMISSION, county Chambers Chamhers Chambers 7p,ambersl Chambers � Ccuncit on Alms, 7P, eantorCener � ' 17 18 19 20 21 22 !23 ! 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ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- March 12, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- FY10 Budget b. Discussion -- Minimum Standard Requirements -- Proposed Document ITEM 6: a. Discussion/Recommendation -- Standards for Approval ITEM 7: REPORT a. Commission Chair b. Airport Manager C. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for March 18 and April 1, 2009. b. February 2009 Enplanement C. Airtimes - Ted Stevens Anchorage International Airport d. Resolution No. 2009-14 ITEM 11: ADJOURNMENT ff-o" KENAI AIRPORT i. i 00 COUNCILKENAI CITY • CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, L. Porter, G. Feeken, J. Bielefeld, H. Knackstedt, and D. Haral,son. Commissioners absent: E. Mayer Staff/Liaison present: Airport Manager M. Bondurant and Council Member B. Eldridge A quorum was present. ITEM 2: AGENDA APPROVAL ADD AS: Information Item 10-e -- Assignment of and Amendment to Lease -- ZYX Holdings Incorporated and Franklin G. Wortham and Charles B. Versaw, Individually to Arctic Barnabas Ministries, Inc./Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1. MOTION: Commissioner Bielefeld MOVED for approval of the agenda with the addition of the noted assignment of lease. Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- March 12, 2009 MOTION: Commissioner Bieldfeld MOVED to approve the March 12, 2009 meet summary and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. 5-a. Discussion -- FY 10 Budget .o Upon review of budget information included in the packet, Airport Manager Bondurant fielded questions related to the proposed airport FY10 budget and noted Commission - suggested amendments to Kenai Airport Operations for central administrative charges had been provided. Commission requested Administration to continue to monitor central administrative costs charged to the Airport and ensure they are appropriate. 5-b. Discussion -- Minimum Standard Requirements -- Proposed Document Commission members reviewed the information included in the packet. Some suggestions were noted and other issues were requested to be researched and Administration report on at the Commission's May 14 meeting. MOTION: Commissioner Zirul MOVED to request a work session be held prior to the May 14 meeting with airport tenants invited as well as representatives from the Kenai Fire Department. Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6-a. Discussion/Recommendation -- Standards for Approval Commissioners reviewed the proposed rewrite of KMC 14.20.270/Amendment Procedures and verbatim of council discussion which were included in the packet. General discussion and consensus was opposition to the proposed ordinance as it was felt the changes would cause another level of bureaucracy which would drive business away. MOTION: Commissioner Zirul MOVED the Commission did not consider the proposed rewrite of KMC 14.20.290 a sound policy. Commissioner Porter SECONDED the motion. VOTE: Zirul j Yes j Bielefeld Yes Knackstedt I Yes Porter Yes j Mayer ( Absent Haralson Yes j iTt0bRAW-)h*!I 300000=s 10 AIRPORT COMMISSION MEETING APRIL 9, 2009 PAGE 2 7-a. Commission Chair -- Chair Knackstedt reported the following items: • Council meetings were now being streamed on the Internet and a link was provided on the city's webpage to connect to the meetings. ® Reviewed the "virtual tour" on the Airport's webpage and thought it very nice. • Informed the Commission of a joint work session the fuel flowage fee. • Reported on the effective meetings training for Commission members. 7-b Airport Manager -- Airport Manager Bondurant reported the following items: m Updates on the apron rehabilitation project; May 30, 2009 Air Fair. ® The Alaska Volcano Observatory would be inviting council and Commission members to tour the volcanic ash radar equipment. 7-c. City Council Liaison -- Council Member Eldridge reviewed the April 1, 2009 action agenda which was included in the packet. ITEM 8: COMMISSIONER COMMENTS AND OU STIONS Zirul - Noted the Kenai Airport had received national recognition for allowing the installation of the volcanic radar equipment by the National Director of the Alaska Volcano Observatory. ITEM 9: PERSONS NOT SCHEDULED TO BE BEARD -- None. ITEM 10. INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for March 18 and April 1, 2009. 10-b. February 2009 Enplanement 10-c. Airtimes - Ted Stevens Anchorage International Airport 10-d. Resolution No. 2009-14 ITEM 1I: r •, , Commissioner Zirul MOVED to adjourn and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 9:15 p.m. Meeting summary prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING APRIL 9, 2009 PAGE 3 KENAI HARBOR COMMISSION MEETING APRIL 6, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY— March 9, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Concrete Ramp Replacement Update b. Discussion -- Cathodic Protection Update ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTS(OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of March 4 and 18, 2009. b. Wildlife Viewing Platform ITEM 11: ADJOURNMENT CITY COUNCIL CHAMBERS 0 0; ITEM 1: CALL TO ORDER & ROLL CALL Vice Chair Osborn called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: P. Morin, B. Osborn, G. Foster, A. Poynor, R. Peters Commissioners absent: T. Thompson Staff/Council Liaison present: Parks & Recreation Director B. Frates, Public Works Director W. Ogle, Council Member H. Smalley A quorum was present. ITEM 2: AGENDA APPROVAL Osborn read the following changes: ADD: 4-a. Fred Pollard -- Small Boat Harbor 5-e. Discussion -- Church Volunteer Group for Dip Net Fishery MOTION: Commissioner Poynor MOVED to approve the agenda with the noted changes and Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- March 9, 2009 MOTION: Commissioner Peters MOVED to approve the meeting summary of March 9, 2009 and Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED. 4-a. Fred Pollard -- Small Boat harbor -- Pollard requested the Commission look into the construction of a small boat harbor for the City of Kenai, noting the following reasons: • Most towns along the coast in Alaska have a boat harbor. • Approximately five percent of the boats in Homer stay in the harbor year round with the remaining being pulled for storage. no • A harbor would help the fish by eliminating the need for boats to anchor in the middle of the river. • A harbor would increase safety and boost the economy. Commissioner Poynor requested the issue be included on the agenda for the June meeting with previous feasibility studies being included in the packet. ITEM 5: OLD BUSINESS 5-a. Discussion -- Concrete Ramp Replacement Update Parks and Recreation Director Frates reported a permit through the Kenai River Center had beer. submitted and he had been informed the Coastal. Management portion of the permit needed to be completed. Frates noted Bill Nelson with Nelson & Associates would provide engineered drawings and construction work was scheduled for late May. Frates circulated plans to the Commission. 5-b. Discussion -- Cathodic Protection Update Frates presented an update on the Cathodic Protection for the dock facility. Public Works Director Ogle emphasized the need for a much needed baseline study to assist administration in better understanding the project. Bill Nelson with Nelson & Associates would be providing a structural integrity review for approximately $6,000. 5-e. Discussion -- Church Volunteer Group for Dip Net Fishery Commissioner Morin reported he had been in contact with Brenda Grimm, president of the North American Mission board who requested parking for three vans and one fifth -wheel trailer on the North Side parking lot, and for the City to provide water in fish totes to aide with the fish cleaning stations. T NTRWR Commissioner Morin MOVED to request the City accommodate the volunteer group by providing dedicated parking for three vans and one fifth -wheel trailer on the North Side parking lot and to provide water to facilitate fish cleaning. Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS -- None 7-a. Director -- Frates noted fencing material for the dune project had been ordered and photographs of the bird viewing platform were included in the packet. HARBOR COMMISSION MEETING APRIL 6, 2009 PAGE 2 on 7-b. City Council Liaison -- Council Member Smalley reviewed the action agenda items included in the packet and noted the City Manager would be meeting with the State Parks representatives to discuss the KRSMA boundary issue. ITEM 8: COMMISSIONER. COMMENTS/QUESTIONS Morin requested information on KRSMA and Public Works Director Ogle explained he was the city representative and gave a brief description of the organization and how they functioned. Morin stated he would like a. better understanding of why KRSMA did not appear to be supportive of a drift boat pull out and Ogle reported he would inquire and bring information back to the next meeting. ITEM 9: PERSONS NOT SCHEDULED TO BE BEARD -- None ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of March 4 and 18, 2009. IO-b. Wildlife Viewing Platform ITEM 11. ADJOURNMENT MOTION: Commissioner Morin MOVED to adjourn and Commissioner Poynor SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:30 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk HARBOR COMMISSION MEETING APRIL 6, 2009 PAGE 3 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS APRIL 7, 2009 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY - March 3, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Library Expansion Project -- Cost Estimate Update a. Discussion -- Migration to New Automation System -- Schedule b. Discussion -- Effective Meetings Training Report C. Discussion -- Circulation Loan Periods and Statistics ITEM 7: REPORTS a. Director b. Friends of the Library C. City Council Liaison ITEM S: COMMISSION COMMENTS/OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of March 4 and 18, 2009. ITEM 11: no KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS APRIL 7, 2009 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY Chair Bryson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, E. Bryson, R. Peters, C. Brenckle Commissioners absent: E. DeForest, M. Graves Staff/Council Liaison present: Assistant Library Director J. Niederhauser, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL hray'4�. Commissioner Peters MOVED to approve the agenda as submitted and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- March 3, 2009 Commissioner Brenckle MOVED to approve the meeting summary of March 3, 2009 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: OLD BUSINESS 5-a. Discussion -- Library Expansion Project -- Cost Estimate Update Niederhauser reported the estimates were higher than anticipated. Commissioner comments included: • Some items, such as benches, could be donated. • Inquired as to the next step in the process. • The project would go out to bid. ® Expressed concern about outdoor lighting and benches. RN ITEM 6: NEW BUSINESS 6-a. Discussion -- Migration to New Automation System -- Schedule Niederhauser reported on the staff schedule for the migration. 6-b. Discussion -- Effective Meetings Training Report Bryson and Peters gave an overview of their attendance at the Effective Meetings Training. 6-c. Discussion -- Circulation Loan Periods and Statistics The Commission expressed an interest in hearing from the Library Director regarding increasing circulation. ITEM 7: REPORTS 7-a. Director -- Niederhauser reported on circulation statistics, migration and programs. 7-b. Friends of the Library -- Heus reported on the progress of the appeal letter, the High Tea and Dance fundraisers, and noted Barb Christian was working on multiple grants. 7-c. City Council Liaison -- Council Member Boyle reported on the library's budget, noting the timer software had been removed. Commissioner Brenckle MOVED the Kenai Library Commission support an amendment to the City of Kenai budget to include an amount sufficient for the library to purchase timer software. Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED, ITEM 8: COMMISSION COMMENTS/QUESTIONS Brenekle reported she would be absent from the May meeting. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of March 4 and 18, 2009. LIBRARY COMMISSION MEETING APRIL 7, 2009 PAGE 2 -93- ITEM 11: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:32 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING APRIL 7, 2009 PAGE 3 KENAI PARKS & RECREATION COMMISSION APRIL 2, 2009 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. January 15, 2009 Regular Meeting b. February 24, 2009 Special Meeting ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- Dip Net Report 2008 b. Discussion -- Project Goals and Updates ITEM 7: REPORTS a. Commission Chair b. Director C. City Council Liaison ITEM 8: COMMISSION QUESTIONS & COMMENTS PERSONSITEM 9: s • TO BE HEARD ITEM 10: INFORMATION a. City Council Action Agenda Items from March 4 and 18, 2009. b. Photographs -- Bird Viewing Platform ITEM 11: ADJOURNMENT -95- r s rig Q �APRIL. CITY HALL COUNCIL CHAMBERS CHAIR DALE SANDARL, PRESIDING ITEMM I: CALL TO ORDER & ROLL CALL Chair Sandahl called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: A. Hull, D. Sandahl, T. Wortham, F. Kiefer Commissioners absent: K. McDonald, L. Magiera, J. Beeson Staff/Council Liaison present: Parks and Recreation Director B. Frates (Council Member J. Moore and Public Works Director W. Ogle arrived at approximately 7:55 p.m.) A quorum was present. ITEM 2: AGENDA APPROVAL The agenda was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY 3-a. January 15, 2009 Regular Meeting 3-b. February 24, 2009 Special Meeting The meeting summaries of January 15 and February 24, 2009 were approved as presented. -4; pigs 9s c ITEM 5: OLD BUSINESS -- None 6-a. Discussion -- Dip Net Report 2008 Parks & Recreation Director Frates and Police Lt. K. Wannamaker reviewed significant activities as related to their respective departments. Frates noted revenues were up from 2007, mostly attributed to fee increases, and the Harbor Commission had reviewed the report and recommended consolidating signage on South Spruce Street and placing directional signs along the bluff directing people to South Spruce Street. Wannamaker reported the two extra seasonal officers attributed greatly to the operation and estimated the call volume was cut in half as a result. •o 6-b. Discussion -- Project Goals and Updates Frates reviewed the memorandum included in the packet; reported five or sit summer hires would be starting as early as May 1, 2009; priorities would be spring clean up, installing bollards at Municipal Park and installing beach fencing; Little League would host the 2009 South Central Major Boys Pool Tournament and Kenai Competitive Soccer would host the 2009 State Cup; Little League had purchased one bleacher for the soccer field through a state grant; and, netting was being considered for the soccer field. 7-a. Commission Chair -- Sandahl noted the Advisory Cemetery Committee needed one member. 7-b. Director -- Frates reported Groundskeeper Dave Hernandez would be attending a pesticide certification course on April 13 and 14, 2009 and noted Anchorage Municipal Cemetery Director Robert Jones would be attending the April 16, 2009 Advisory Cemetery Committee meeting. 7-c. City Council Liaison -- Council Member Moore reported the Council had been reviewing the budget and were interested in appropriating funds to have the Recreation Center gyrn floor assessed for possible replacement. ITEM S: ITEM 9: ITEM 10: 10-a. 10-b. ITEM 11: MOTION: COMMISSION QUEESTIONS & COMMENTS -- None City Council Action Agenda Items from March 4 and 18, 2009. Photographs -- Bird Viewing Platform Commissioner Kiefer MOVED to adjourn and Commissioner Hull SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:00 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PARKS AND RECREATION COMMISSION MEETING APRIL 2, 2009 PAGE 2 -97- CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 8, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval e. Consent Agenda d. *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. *March 25, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09-18 —A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: a. PZ09-03 —A resolution of the Planning and Zoning Conunission 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 14.22.01.0 to provide that communications towers/antennas are a conditional use in the CMU zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration •0 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. KPB Public Hearing Notice for 5/11/09 b. Kenai River Center Project Application —Blair (Angler Acres) c. City of Kenai Resolution 2009-13 with Kenai River Center Applications m 2009 CITY COUNCIL CHAIR JEFF TWAIT,f) MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. 1-b. Agenda Approval K. Rogers, J. Brockman, K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson None City Planner M. Kebschull, Planning Administrative Assistant N. Carver, Council Member R. Ross, Deputy City Clerk C. Hall Commissioner Bryson requested the following additions to the agenda: ADD: 9-a. Kenai City Council Action Agenda 9-b. Borough Planning Agenda Commissioner Bryson MOVED to approve the agenda with the noted additions and Commissioner Wells SECONDED the motion. There were no objections. So ORDERED. 1-c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences Approved by the consent agenda. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- March 25, 2009 Approved by the consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ09-18 - A resolution of the Planning 8v Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. Kebschull reviewed the staff report included in the packet, noting the following: • The rezoning petition was submitted on March 10, 2009. • The City Clerk certified the petition as sufficient on March 17, 2009. • Notices were published in three public places and in the Peninsula Clarion. • The City Attorney stated the petition did not meet the "Uniformity Rule" in zoning. • Staff recommendation was to vote against the petition. Twait read the rule of public hearing and opened the meeting to public hearing. Charles Winegarden, 309 Princess, Kenai -- Spoke in support of the petition and requested a work session be scheduled. Becky Espy, 903 Magic, Kenai -- Spoke in support of the petition. Mark Schrag, 312 Princess, Kenai -- Spoke in support of the petition, noting a similar special zone in Soldotna. Walt Ward, 708 Magic Avenue, Kenai -- Spoke in support of the petition and requested a work session. Debbie Sonberg, 410 Cinderella, Kenai -- Spoke in support of the petition and requested a work session. PLANNING AND ZONING COMMISSION MEETING APRIL 9, 2009 PAGE 2 -101- Colleen Ward, 708 Magic, Kenai -- Requested a work session and encouraged continued work between the city and the public. Kellie Kelso, 117 Walker, Kenai -- Spoke in support of the MAPS Special Zone. There being no further comments, the public hearing was closed. Commissioner Bryson MOVED to recommend approval of PZ09-18 and Commissioner Brockman SECONDED the motion. Commissioner comments included: • Concern the zoning would adversely affect the neighbors. • Concern with the strictness of the Land Use Table in the petition. • Would not support the petition as presented. • Thanked the public for their testimony and work on the petition. MOTION TO POSTPONE: Commissioner Bryson MOVED to postpone PZ09-18 until brought back by postpone until brought back by staff, the intent being to enable the staff to schedule a work session concerning this item. Rogers seconded. Commissioner Rogers SECONDED the motion. VOTE: Rogers NO Brockman YES 1 Koester YES Remain YES Wells YES Twait YES Bryson YES T _---- ERMS i7 ITEM 8: PENDING ITEMS 8-a. 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 are a conditional use in the CMU zone. PLANNING AND ZONING COMMISSION MEETING APRIL 9, 2009 PAGE 3 -102- ITEM 9: REPORTS 9-a. City Council -- Council Member Ross re -viewed the action agenda items in the lay down, noting the replacement of three culverts for fish access. 9-b. Borough Planning -- No report 9-c. Administration -- Kebschull reported a work session on the draft cell tower ordinance would be set for a future meeting. ITEM 10: ITEM 11: 11-b. ITEM 12: ITEM 13: MOTION: INFORMATION ITEMS KPB Public Hearing Notice for 5/ 11/09 Kenai River Center Project Application - Blair (Angler Acres) City of Kenai Resolution 2009-13 with Kenai River Center Applications a • 0 ; $a glagang Commissioner Romain MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:41 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING APRIL 9, 2009 PAGE 4 -103- 111111, 1 illlljj� ,A 4 001 111 1 1 Iii'lill Carol Freas From: heus-2@ak.net on behalf of Cliff & Kathy [heus-2@ak.net] Sent: Tuesday, March 31, 2009 10:37 AM To: Carol Frees Subject: Fw: Kenai Community Library Addition Carol, Would it be possible to forward this to the mayor and the city council members? I had written to Rep. Chenault earlier and this is his reply. I thought it would be appropriate for the council members to see it. I apologize for the delay as I was out of town. Thanks, Kathy Heus ----- Original Message --- From: Rep. Mike Chenault To: 'heus-2(dak. net' Sent: Sunday, March 15, 2009 5:49 PM Subject: RE: Kenai Community Library Addition Kathy: Thanks for contacting me about the Kenai Library project. The federal stimulus package projects are controlled more by Congress and communities that wish to participate more so than the Legislature. I respectfully suggest the library and the city of Kenai submit a proposal to the Alaska State Library for inclusion in any stimulus library funds that may come to Alaska. The city may also submit a request to receive funds for the library project. I am willing to have your request considered but it may be more beneficial for the city and library to contact the Alaska State Library to try and get the Kenai project included. I appreciate your contacting my office. Please feel free to let me know if you have additional comments on this or any other issue. Representative Mike Chenault Speaker of the House 1-800-469-3778 www.mikechenault.com From: heus-2@ak.net [maiito:heus-2@ak.net] Sent: Tuesday, February 24, 2009 7:10 PM To: Rep. Mike Chenault Subject: Kenai Community Library Addition Dear Representaive Chenault, I am a resident of the city of Kenai. I am presently a member of the Advisory Library Commission and Friends of the Kenai Community Library. However, I am writing this as an individual. I have been a volunteer for the Library since I arrived in Kenai in 1968. We are in process of raising funds for a much needed addition to our present library. The voters of Kenai passed a two million dollar bond issue in Oct 2007 and the Rasmuson Foundation has promised 1.3 million dollars. From state funding in 2008 the City appropriated $250,000 for architectual drawings. At present, Friends of the Library are trying to raise addtional funds. The projected cost for the addition is 5.3 million dollars. t -105- I have been informed that the Alaska State Library has put several library projects on a list to be funded and will be '.shovel ready' in the next months. It is my request that, if possible, consideration be given to our project when stimulus funds become available. Thank you, Kathy Heus 4540 Kenaitze Court Kenai, Ak 99611-8607 Internal Virus Database is out of date. Checked by AVG - www.avc,.com Version: 8.0.237 / Virus Database: 270.11.11/1997 - Release Date: 03/12/09 10:38:00 tlzeelyUf KENAI, ALA SKA „Village wick a Past, C# witk a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: April 9, 2009 Re: LED (Light -emitting diode) street light energy consumption comparison. February 6t" the City's contractor completed installation of LED street lights on one-half of North Forest Drive. The contractor installed sixteen LED lights at a cost of $19,700. With one full billing cycle available, here are the results of the energy consumption comparison you requested, North Forest Drive has a total of thirty-one street lights that are powered by three separate electric meters. A single meter provides power to the sixteen LED lights that were installed. The March billing for the sixteen LED lights totaled $168.32 while the billings for the other fifteen lights totaled $433.14, a difference of 157%, Comparing kilowatts of electricity consumed by the LED lights to kilowatts consumed during the same period last year by the old style street lights shows a 50% decrease (703 kilowatts in 2009 compared to 1,413 kilowatts in 2008). At current electrical rates with no assumptions for the time value of money, the investment of $19,700 will be recovered in 11.81 years. The life cycle of the current lights is approximately 22,000 hours and the total light emitted during that life cycle decreases significantly with no decrease in the electricity consumed. The life cycle of the newly installed LED light is 100,000 hours with a minimal decrease in the amount of light emitted. Taking into account the difference in maintenance costs, the time to recover installation costs would be reduced to 9.90 years. The estimated savings over one complete life cycle of the new LED light would be in excess of $56,000. is i 6cipal 9tn Annual Kenai Peninsula Air Fair, May 30 — Airport staff is busy contacting military, pilots, and vendors. Air Station Kodiak plans to send H60 & H65 helicopters and the C17 crew has also put the event on their calendar. The air fair committee has received sponsorships from Crowley Fuel, Beacon Occupational, GCI, and the Alaska Airmen's Association. The poker run rules and registration are available at www.kenai.airport,com. We are always looking for event volunteers. If you can volunteer or have ideas to ensure our event is a great one please contact us. Volcano Preparedness. The airport continues to monitor volcano activity in the chance an eruption sends ash this way. The AVO people plan to notify us of their next trip to Kenai. They will be inviting City Council and Airport Commission to a tour of the volcanic ash radar equipment. Airport Projects: The Taxiways F, G, & H Lighting, Grading, and Drainage Project was awarded to Alaska Roadbuilders at the April 1, 2009 Council meeting. The Apron Rehabilitation Project will be advertised starting Tuesday, April 7 with the bid opening on Thursday, May 7tn Spring Clean Up: The Airport is proceeding with spring cleanup on the field and at the terminal. The terminal will be painted inside and out and Operations has begun sweeping the ramp and parking lots. 2008-12 Kenai Community Library Repeat April 2009 March Circulation Figures Adult Fiction 2,201 Internet Access 1,109 Adult Non -Fiction 1,673 Music 144 Periodicals 59 Puzzles 5 Juvenile Fiction 615 Videos 598 Juvenile Non -Fiction 231 DVDs 2,301 Easy Fiction 1,390 Audio books 183 Easy Non -Fiction 274 Miscellaneous 13 Interlibrary Loan 43 Computer Programs 15 Total Print 6,486 Total Non -Print 4,368 Total Circulation 10,854 Internet Express Use 766 Total Catalog Searches 8,007 Library Door Count....... 8,472* In -House circulation 148 Downloadable Audio 171 Please note that these circulation figures represent a count for March that does not include all of March 31. Our largest percentage increase in circulation is for our foreign language collection, Year-to-date for FY09 is running 325% higher than year-to-date FY08. There was also a 73% increase in the number of titles downloaded from Listen Alaska by Kenai library card holders. Volunteers 8 Hours 75 Children & Family Programs 25 Attendance 253 Adult Programs 7 Attendance 73 ECl/HYER has submitted a final cost estimate for the library expansion project. It has been included in the Commission packet this month. Mary Jo has been coordinating with a project manager from Sirsi Dy nix to handle the migration from Horizon to Symphony. The new server has been purchased and set up as our old server limps along. Tim, from Northern Technology, is earnestly hoping that our current server lasts long enough to make the migration. The earliest that we can "go live" with the new system is June 25. Working back from that, Sirsi Dynix has created a schedule that begins with a project start date of May 1. I will be asking the City Manager for permission to close the library for two or three days from June 22 — 24 so that we can port over all of our circulation and customer data. 1 will know early in May, whether this will be for two or three days. SirsiDynix has already given us staff access to training modules online so that we can begin getting ready for the transition. Staff members have been assigned appropriate modules for their positions with a core set of classes required of everyone. Some of our day-to-day activities will be delayed as we try to incorporate this learning with all we already do. It will be a bumpy few months. I completed the annual public library assistance grant application that goes to the state library. We are also working on an Interlibrary Cooperation Chant with the other major libraries on the Kenai Peninsula to host a customer service workshop for collective staff members. We have been actively sharing information with Barb Christian so that the Friends can apply for grants that are restricted to 501(c) 3 organizations. -110- To: Rick Koch, City Manager From: Gus Sandahl, Police Chief 1;�4, Date: 4/812009 Re: Police & Communications Department Activity— March 2009 Police handled 566 calls for service. The Communications Center received 109 emergency 9-1-1 calls Officers made 72 arrests and wrote 339 reports. On 3-27-09 a resident in V.I.P. subdivision reported hearing noise from a neighbor's home when the neighbor was out of town. Responding officers arrested two adult males for Burglary I", Theft 2`d and Criminal Mischief 3`° after they found the suspects hiding next to an R/V with items they had stolen from the residence (including a television). Traffic enforcement resulted in 61 warnings, 32 speeding tickets, 26 seatbelt tickets, 5 citations for equipment violations, and 18 citations for "other" traffic violations. There were 8 DUI arrests (1 felony). Police investigated 10 vehicle crashes (2 injury crashes). The 10 crash investigations resulted in 5 citations and one arrest for DUL In the schools, Officer Langseth handled 3 criminal investigations and 3 status offense investigations. He participated in an intruder drill at KMS. The 5.. grade DARE program culminated with a graduation ceremony. Officer Langseth continues weekly DARE Middle School presentations at KMS, and has ongoing mentorship at KMS. He did bullying presentations for the Kenaitze Tribe and for the Kenai Care Center. He also did 3 alcohol awareness presentations at KCHS. Dispatchers Nancy Wiles and Cheryl Bemowski attended APSIN Full Access, Validations and Terminal Security Officer training in Anchorage on March 4'", 5"' and 60, Mike Nusbaum and KPD Administrative Assistant Kelly Holt attended a digital evidence seminar in Anchorage on March 9"'. On March 20' the Department of Public Safety conducted an audit of the Kenai Police Department's APSIN/NCIC and UCR records and reporting. The APSIN/NCIC auditor was pleased with the overall accuracy and completeness of entries made by dispatchers. Minor recommendations will be incorporated into the Communications Department standard operating procedures and our next audit is anticipated to be in 2011. The UCR Audit went just as well. The auditor found no major errors in reporting procedures. Continuing training of dispatchers and minor adjustments to coding of crimes will continue to ensure accurate data is reported. Officers continue to work DUI and Click -it or Ticket campaigns (funded by the Alaska Highway Safety Office). -111- ANIMAL CONTROL REPORT March 2009 2009 2008 2009 2008 STRAY 54 65 ADOPTED 35 52 Dogs 36 28 Dogs 23 25 Cats 18 30 Cats 12 20 Other Animals 0 7 Other Animals 0 7 RELEASED BY OWNER 38 44 CLAIMED 18 11 Dogs 22 21 Dogs 15 10 Cats 16 23 Cats 3 1 Other Animals 0 0 Other Animals 0 0 D.O.A. 8 10 EUTHANIZED 39 41 Dogs 8 5 Dogs 20 14 Cats 0 4 Cats 19 27 Other Animals 0 1 Other 0 0 TOTAL ANIMALS 100 WILDLIFE RELEASE etc 0 Borough Animals 28 Field Investigations 40 Total Dogs 66 Volunteer hours 57 Total Cats 34 Total phone 816 Total Other 0 Kennel Permits 0 -112- To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: April 5, 2009 Subject: March Monthly Report Total number of days rented in March 2009: March Monthly Meal Count 2009 Served: Total Congregate Meals Served: 1,301 Total Home Meals Served: 1,980 Total Non -Seniors Meals: 9 March 2008 Monthly Meal Count Served: Total Congregate Meals Served: 1,297" Total Home Meals Served: 2,007 Total Non -Senior Meals: 18 Total Volunteer Hours for March: 936 During the eruption of Mt. Redoubt the following steps were taken: 1. Air handlers were shut off at Congregate Housing and Senior Center within 1.5 hours of first eruption. 2. Electronic equipment was covered. 3. Meals on Wheels were delivered with extra provisions for the week in the event of closure. Those provisions included: frozen meals, bread, fruit and milk. 4. Tenants at VP receiving oxygen were contacted after the power went out to ensure they were still able to receive oxygen. KFD was contacted to ensure the possibility of a backup power supply for nebulizers and oxygen, 5. It was noted that when the power is out, the phone system does not operate from within, though calls can be made to the Sr. Center and messages left. There is not a way to retrieve these messages or to call out when the power is out. We are researching a single phone line connected directly to the fax line that is being investigated to eliminate this concern as well as how to remedy this with the new phone system upgrade. 6. The Center remained open and flashlights, batteries and radios were distributed as needed. The director attended the NCOA conference. The conference had 350 workshops to choose from with 3500 participants to network, meet, and pick up new ideas. Guest speakers were Lou Gossett and Debbie Reynolds, who both presented different approaches to aging and community. One seminar the director attended was an all day intensive entitled, "A Vision for the Future of Senior Centers" Other workshops she attended were various senior housing and community living topics, senior policy and legislation at the national level, community senior based mental/physical wellness programs within and out of the senior center, three different generations of "intergenerational" aging and their individual needs that need to be addressed within the senior center, and the need for outcome and evidenced based wellness, physical fitness and nutrition programs within the senior center. This is only a sampling of what was offered and attended. This was one of the best training opportunities she has received. We held a very successful two-day Mystery Dinner Theater partnering with the Kenai Performers and raising funds for both the Kenai Performers and Kenai Senior Connection, Inc. Please note the article from the "Senior Voice" concerning our senior center. -113- "Villayewitka Past,Ci gait a Ft4fifre" 210 Fidalgo Avenue; Kenai, Alaska 99611-7794 bjkd w••••� Telephone: t907) 283-7535, Ext. 236 / FAX: (907) 283-3014 1992 MIT cil� 0/ KENAI,ALASKA PUBLIC WORKS DEPARTMENT APRIL 2009 REPORT TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Directorx/b DATE: April 8, 2009 SUBJECT: Mid -Month Report; Public Works Department The status of previously reported projects is as follows: • Kenai Visitor's Center Heating System Upgrade— 2009 (engineering by RSA Engineering, Inc. and construction by Blazy Construction, Inc.) Project includes: Installation, replacement & upgrades to heating, control, ventilation, boiler, carpeting and painting. Visitor's staff has back into the building from their temporary office spaces. Taxidermy has been cleaned & moved back to their places. City crews have assisted in moving display cases and other heavy items back into position. A final project walk-through architectural, mechanical and electrical inspection has been conducted with a minor punch list of remaining work identified. • Kenai Community Library Expansion Project - ECl/Hyer, Inc.'s issued 'schematic plan' on 19 February 2009; City is now negotiating the next phase of design for the project. • Kenai Courthouse Parking Expansion - 2009 (Design by Wince-Corthell-Bryson). Design complete on 2/2/09, Plans issued on 2/24/09, Pre -Bid meeting on 3/12; Bid Opening on 3/24109 at 2PM and apparent low bidder is Peninsula Construction. • South Ames and Basin View Drive Paving LID. (Design: Nelson & Associates). Design completed 2/23/09, Public Review Meeting on 2126/09 at 7PM; Plans issued for Construction on 313/09; Pre -Bid meeting on 3/12; Bid opening on 3124/09 at 3PM. On 4/1/09 Council awarded contract to Northstar Paving and Construction, Inc. • Cabin Relocation Proiect - Historical Society is coordinating work; four cabins are jacked up and logs replaced as needed in preparation for the move. • Kenai Municipal Airport Rehabilitate Apron — 2009-2010, (Design by Wince-Corthell-Bryson) Bid documents were issued on 4/7/09. The Project will be phased through two summers. Bid opening is May at 2PM. • Kenai Municipal Airport Runway Safety Improvements: Taxiways F G and H Lighting. Grading and Drainage- 2009 (Design by Wince-Corthell-Bryson). Design completed on 212/09, plans issued 2/24/09, Pre -Bid on 3/10; Bid Opening on 3/24109 at 1 PM. 4/1109 Council awarded project to Alaska Roadbuilders. • Vintage Pointe Dry Sprinkler System Replacement — 2009, Bids opened on 3/3109 at 2PM. 411109 Council awarded contract to Alaska Automatic Fire Protection, Inc. • Vintage Pointe Casement Window Replacement — 2009 This will replace 64 windows in Vintage Pointe with energy efficient, easy to open and low maintenance windows. Bids were opened 3/3/2009 at 2PM; 4/1/09 Council awarded Contract to World Wide Roofing & Construction, Inc. • Kenai: various Road Improvements — 2009 (Baron Park Lane & HEA Access) (Design by Hattenburg, Dilley & Linnell (HDL)) Phase 2 to Marathon Road Improvements: Grading, Drainage, paving, Signing & Striping, Illumination and Water; HDL issued 90% bid documents on 4/3/09 to City and ADOT for review. Bid to be awarded in May. ADOT is to bid the contract & HDL to do construction management. • North Beach Fence Materials —2009 Will provide materials for a fence with wooden posts and galvanized chain for the protection of North Beach Dunes. Bid opened on 2124/09 at 2PM contract is awarded. • North Forest Drive —15 street lights between Fifth Ave. & Kenai Spur Highway are replaced with Light Emitting Diode (LED) Lights; 16 lights for Redoubt Ave & Fifth Ave. & other LEDs are planned. Anticipated FY2010 funding will complete City main thoroughfare conversion to energy efficient LED lights. • Small Projects — Planned for Summer 2009: Upgrade of boat launch ramp, expansion of Park Strip picnic pavilion, structural condition survey of the City dock, more curb and sidewalk repairs, bollards added in Municipal Park. -114- "Klla�e wA a Past, C# with a fida �e" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 Ike city oie KENAL AALASKA MEMORANDUM To: Rick Koch, City Manager Thru: Wayne Ogle, Public Works Director ' From: Robert J. Frates, Parks & Recreation Director Date: April 8.2009 RE: Mid -month Report Redline Sports will conclude their Spring Ice Session Friday, April 1 Ofh. Groundskeeper Hernandez attended a peninsula wide Job Fair at the Soldotna Peninsula Sports Center on March 31Sf. The event was well attended and a few more summer hire applications were received. Most of our seasonals have been hired with a few more interviews planned. The department has been in contact with an individual from the Fairbanks area who is very interested in serving as a park host at Municipal Park. Details are currently being worked out. Director gave a short presentation to the local garden club in attempt to draw interest for the Community Garden program this summer. Fence material for the North Beach Dune Protection project is scheduled to arrive from Kodiak Island Native Supply mid -April. Arrangements have been made for Robert Jones, Cemetery Director for the Municipality of Anchorage, to be in attendance at the April 16fh Cemetery Advisory meeting. Cost estimates for constructing soccer goals have been received by a local welder. Soccer goals would be placed at the new complex. Additional goals were budgeted for in FYI0. Groundskeeper Hernandez will be going through a pesticide certification training process on April 13fh and 140'. Summer park reservations are beginning to pick up and the department has been working with all individual who is interested in purchasing a bench through our Adopt -a -Bench program. -115- \\ the 6i� o f f,/ KENA,A ASKA To: Rick Koch, City Manager "lillage witk a Past, Ciy wilk a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 I FAX: 907-283-3014 -1,f From: Terry Eubank, Finance Director Date: April 9, 2009 Re: Finance Department April 2009 Mid Month Report Preparation of the FY2010 Operating Budget has dominated much of the department's efforts for the last few months and April has been no different, The recent budget work sessions appear to have gone well and the Ordinance to appropriate the FY2010 Budget will be introduced at the May 6, 2009 Council Meeting with public hearing on May 20"'. In addition to the budget, the department has been completing insurance renewal paperwork for all City insurance policies. The majority of the renewal paperwork is due by April l5t". Schedule for the last week of April is a system upgrade and training for the City's financial accounting package. This was a budgeted expense for FY2009. May I" is the targeted implementation date for the upgrade and may require minor training for City staff that access the system. -116- la-DUOUJhl l��ll tflT� : ;� ► _ t r KENAI FIRE Date: February 11, 2009 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe of 3-15 to 4-09: Run total to date 466 Total last year at this time 390 19% over this time last year Last 30 days 125 requests for service Summary of activities for last month: 1) Chief Tilly and Tina Williamson attended training in Soldotna pertaining to new HIPPA regulation. 2) Gave station tours to Kenaitze Head Start children. 3) Provided free CPR and AED training for the local CERT members. 4) The Kenai Fire Department smoke detector installation program has begun with positive feed back. Program will continue until all detector supplies are depleted. 5) Fire Marshal attended the Alaska Fire Marshal's forum in Anchorage for 3 days. 6) FF Hamilton completed EMT III training and testing. 7) 1 KFD members scheduled for Basic aircraft rescue firefighting training for mid April. 6) 1 KFD members scheduled for Advanced aircraft rescue fire fighting for late April. -117- 1. 4/ 15/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. 4/7/09 PZ Resolutions Report, First Quarter 2009. 3. 3/2009 Kenai Municipal Airport Enplanement Report, 4. 4/07/2009 City of Kenai Building Permits, First Quarter 2009 Report. 5. 4/09 Senior Voice Article, Video Bowling Picks Up More Fans. 6. 2009 Alaska Gaming Permit Application/Kenai Peninsula Food Bank. 7. 4/ l/09 R. Molloy memorandum with attachments related to suggested amendments to KMC 14.20.270, Amendment Procedures urith council meeting verbatim attached. 8. 4/9/09 Kenai River Special Management Area Board meeting agenda with minutes of 3/ 12/09 meeting. 9. 4/ l/09 North Peninsula recreation Service Area request for donation. -119- PURCa„ASE ORDERS BETWEEN $2,600.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: APRIL 16, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT NELSON & ASSOCIATES CONCRETE PLANK DESIGN WORK DOCK PROFESSIONAL SERVICES 3,500.00 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 6,000.00 CONNIE'$ FLOWERS PLANTING OF STREET CORNER BOXES PARKS REPAIR & MAINT. 2,860.00 RANDY'S GLASS OIL & GAS SUPPLY AUTO DOORS SEWER JET HOSE SR.CENTER SEWER CONSTRUCTION OPERATING SUPPLIES 6,596.06 3,170,00 PZes�alutio�rs First Quarter 249.�.M.��,�-�.,,�,.���.�..,..��n��µrP-„��.� TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Amend KMC Conditional Use Permit Landscape/Site Plan Preliminary Plat Rezone Tuesday, April 07, 2009 200902 14.20.020 Development Requirements 1/28/2009 Approved 200903 14.20.255114.22.010 Cell Towers 1/28/2009 Postponed 200904 14,20.260 Enforcement 2/11/2009 Approved 200908 14.20.240(c)(6) - Mobile Homes 2/25/2009 Approved 200905 Vocational Center 2111/2009 Approved 200907 Gift Shop - in residence 2/25/2009 Approved 200915 Assisted Living Facility - Senior Living 3/25/2009 Approved 200914 AK Digital - Stanley Chrysler 3/5/2009 Approved 200917 Span Alaska - Kenai 3/11/2009 Approved 200913 Kenai Cemetery Expansion 3/11/2009 Approved 200916 Hollier Subdivision No, 6 3/25/2009 Approved 200901 RR1 to LC 1/14/2009 Removed 200906 RR1, C to LC 2/11/2009 Failed/Approved @ Council -121- Page 1 of I ERA GRANT Change KENAI Combined Month Total 2008 from AVIATION AVIA71ON Anna AVIATION Month Total 'Janus 5,063 i1,,7"n6021 65,,,892741 1.752 -928 322 7,146 Februha 4,369 7,032 -1,061 36 6,287 Marc 4,592 1437 6029 6,911 -882 3286,357 A 61 7,057 May 7.572 June 8,020 July 11,274 AU gust 10,492 September 7,761 October 7,805 November 6.738 December 7.163 Totals 14,024 4,800 18,824 95,597 -2,871 -122- Permit #: Date Parcel # OHnter Address Legal Descriptian Valuation &C B4595 1/13/2009 4936014 Dennis Swarner 2765 Watergate Way 1-19, 81 VIP Park SD $69,500 R B4597 1/22/2009 4943035 Eric Jensen 2655 Watergate Way L9A, VIP Park Estates $10,000 R Alexander Replat B4598 1129/2009 4711407 Mrs. Honaker LLC 506 Lake St. L12, 64 East Addn. Tommsite $236,000 C Historic District B4599 1129/2009. 4303035 LaeShore Center 403 N. Gill St. L5, WRF SD $20,000 C B4600 2/10/2009 4339039 Alaska Digital 10288 Kenai Spur High 1-2c, Baron Park SD Add. 9 $75,000 C B4601 3/212009 4306072 Jerry Strait 308 Evergreen St. L2, Hakkinen Estates SD $25,000 R B4602 3/5/2009 49441 Frontier Community Services 2880 Beaver Loop Road A-1-A & A-1 •B Cone Tracts $7,500. C N B4603 3/19/2009 4707129 Sandra Vozar 510 Upland St. L22-A, 65, Original Townsite $20,000 C of Kenai Vozar Addn. B4604 3/3012009 4907004 Mike Bergholtz 4040 Lupine Dr. L4, B4 Thompson Park SD $30,000 R --ems.: n -s ITT—,,. .z..z.�n-as+, Tuesday, Apr7107, 2009 Page I of I City of Kenai Building Per snits-1'/1109 to 3131109 Description Permit #t Date Parcel # Valuation New -Commercial B4600 2/10/2009 4339039 $75,000.00 Summary for'Description'= New -Commercial (1 detail record) Sum $75,000.00 Other -Commercial B4598 1/29/2009 4711407 $236,000.00 B4599 1/29/2009 4303035 $20,000.00 54602 3/5/2009 4944007 $7,500.00 B4603 3/19/2009 4707129 $20,000.00 Summary for' Description' = Other -Commercial (4 detail records) Sum $283,500.00 Other-.RES B4595 1113/2009 4936014 $69,500.00 B4597 1/22/2009 4943035 $10,000.00 B4601 3/2/2009 4306072 $25,000.00 B4604 3/30/2009 4907004 $30,000.00 Summary for 'Description' = Other-RES (4 detail records) -- Sum $134,500.00 Grand Total $493,o00.00 Tuesday, April 07, 2069 Page 1 of I -124- Sara J. Hardan-Smith photo Barb L'Heureux shows off her bowling form recently at the Kenai Senior Center. The donation of a big screen television and a Nintendo Wii game system has brought excitement and fun into the corner of the center's dining room, with bowling being a particular favorite. See the story on page 15. N rn 1 A "'U I Id A l3ySARA,I.HARDAN•SMITH For Senior Voice 'As the soul poured into the large windows in the Kenai Senior Center on a recent Wednes- day, squeals of delight could be heard from behind a divider as video game participants cheered each other on during an afternoon of bowling and bonding. The Kenai Senior Center recently acquired a Nintendo Wii (pronounced "wee") game system and set it up in the far end of the center's dining room. The Wii revolution- ized video gaining when it was released a couple years ago. It allows players to control gameplay by gesturing and motioning, rather than simply pressing buttons on a handheld controller. In Wii baseball, players swing the controller like a bat. In bowline, then whirl LuAnn Barrett, activity director for the Kenai Senior Center, said the Wii system has had a Warm response from the center's members. their arm and, on screen, the bowling ball rolls down a lane. Players stand and move around on their feet, although they also can play seated. When the Kenai center received a wide screen television in November, purchased by the Senior Connections group, Billy and Betty Osborn donated the Wii system shortly afterward as a Christmas present. "We felt like it would be a benefit to the senior center," Billy Osborn said, giving his wife full credit for the idea. "It is a gesture of our friendship," he added. The Osboms were introduced to the Wii by their son-in-law. The couple quickly saw the game system as a positive activity for the center. While Billy and his wife are avid bowlers who practiceweekly in a local league, he said the Wii practice has been helpful. "Some ofmy real bowling games are better now," he said with a chuckle. LuAnn Barrett, activity director for the center, said the Wii system has had a warm response from the center's members. "Most ofthe seniors at the center were very excited about getting a Wii game system. I would say that about half of the seniors here actually had experience in playing Wii," she said. "The other half is curious to learn how to play." Currently seniors can bowl during open bowl on Mondays, Wednesdays and Fridays Above, P&nai Senior Center Activity Volunteer Michelle Alexander gives Peggy Berry some tips on using the Wii handheld controller. Below, Peggy Meyer uses her whole body when playing Wii bowling. Players may also play while sitting down. Photos courtesy Kenai Senior Center at 1 I a.m. at the center, and league bowling tourna- ments are held on Wednesdays at 1 p.m. So far, the g center has four teams of two players competing yet to sign up for the tournament. each Wednesday for six weeks. Dorothy Howell signed up when she heard about the Wii tournaments. She said she has had a Wii at home for a couple of months after learning about it from a visit to her grandson's house, "I had a ball. I said `I've got to have one'," she said with a smile, adding that her favorite games are golf and bowling. Howell well state and national bowling tour- naments in years past, but today she must walk with a cane and she said the actual bowling is not possible for her, so the Wii is the next best thing. She has also invited some of the others to her home to practice. Barrett said the game system gets people up and more active, and she has noticed the seniors really enjoy their time together. "I love to see people laughing and encour- aging each other. It has really been fun," she said. "Movements required to play Wii games promote strength and balance, and people have enjoyedthe competition so much that we will be adding more scheduled Wii time to our day," Tom Holland is a senior companion who visits the center each day. Lie said the Wii bowling is his first bowling experience ever and that he is now practicing up to three times a week. "It is a lot of fun," lie said. "Once I got the fundamentals of it down, I was doing great." Holland said the first time he played the ame he bowled a fairly high score, but has page 17 please UIii a hit at Kenai center ..W Wii enthusiasts Peggy Meyer, Michelle Alexander, Dorothy Howell, Peggy Derry and Rebekah (eagle enjoy getting together for some friendly competition. the interest is," she said. "I see Wii parties for our senior's center in the very near future" continued,from page IS "1 will have to improve a lot," he said with a smile. Barrett said the Wii will also be found in more center activities. ,'Wii games will be intro- duced as part of the Senior Olympics in February of 2010 on the Peninsula. We are looking forward to be- ing competitive with other senior centers. As for other Wii games, we will see what Bay-SdOR FROM KENAI PENN. FOOD 'DANK 8072828428 CMON>MAR 80 2008 10:68/ST. 10:67/No. T63Y61284.4 P 2 Department use only 2009 Alaska Gamin Application lication Validations Copy 826 Organization Information Date stamp -- - Fsde�l4FJR ,enter gaming Permit 9 t25 Phonen"'5 oT anu FaI3tl,445, (Z�>2-(QEZ_ti Drganitadonna(ne vk n tiia,. Website addnss MalCngaddms i 3a 5� C©O.11A Vn tyr Lz (lcy-e ort Vie— {ky `JvldA � Stare AK Zip+4 6 Entity type (check one) Onganization e(checkone)fordefmitions,seeAS05.1S.690and15AAC160,995 14 Corporation � Chadrabte ❑ Fraternal ❑PolireOi file departmem ❑Partnership DCivicorservice ❑labor ❑politkal ❑Association ❑ Dog mushers'assgciation ❑Municipality ORelhilous ❑Educational ❑ Nonprofit tradeassociailon ❑vetmns 0 Fishing derby association ❑ outboard motor association ❑IRA1Nativen1leae }Yes❑No Doesaheaganiaauon have 25 or more members whoare Alaska residentsasdefined in your articles afincmporation on sews? Members in Charge of Games Members In charge most be airmail persons and active members of the Organisation, at employees ofthe muntripatity,anddeognated by the organization. Members in charge freynotbe licensed asap operator, be a registered vendor or an employee of avendorfor thlsorgan¢atfor..!fmme than one alternate, attach aseparate sheet. Primary —member first he MI Prlmerymember fast aame G !air lG-- SodaiseCritvm� Daylimephaaenumbet Mobile number V52--t'P I ' H�n� ailingatldres �111 ZD aty5oldVW- sAK zip+4�RLe(�9 Has the primary memberposedthetest? %Yes ONO Perm" 11114h1" test was taken Aire rnaremembnrirnname 6rtetn me Alternate }Tst Sodal seanily phoneoumber.. — 513 t Email Mobile number Home mailing address 0n Gt1alote�&t Ave. Elry State . Zip+4 Has the alternate membenpoured the rest! (Yes Oho Permit k undei�tesiwas taken Legal Questions Thesequestions must be answered, If you answer Yes to either Question, see Instructions OYesZa Does any member of management orany person who is responsible for gaming OYes PD No Has any membserof management or arrg person who Is (sespoutsiblefor gaming aaNMeshave aprohibited confliaaffnterestasdefined by15AAC160.954? activities ever been convicted ofafelony, extortion, oraviolabanofalaw or ordinance of this state oranotherpudsdiNon, that is a aime InvolAng theft or dHhonestg, or a vialabOn of gambling laws? Wededar., underpenalryafunswomfahthcadon ffiarwehaveemmined this apailhasto2 vidudmg any anachmenrs, and that rothebesrofour knoWedgeandbee lrfs rmeaadcomplete Weundentandthorany rolsesmranentmgdeon rheappbcononaranyamrchmerinhpunlshablebytow. 0yours4mcou0below, we theprrmarymember,theattemarememberand 'Opokosble,themanagerolgames, agreemaDowrhe vrimary ember eharge's u Printed name Date f Presiders (ssignamre emsduttions a Printe name Da aj(_ etrl/L a i LIE � /Z® (✓ Alternate. berin.Cha Primed name 4 i do, e 4 Da ri .—. ManOfGames signati iyh Printed name Date Mail to Alaska Department of Revenue -Tax Division PO Box 110420 • Juneau; AK 99811-0420 Phone (901)465-2320. Fax [907)465-3098 wwW,roxa(askagovygamfng One copy of the application must be sentto the nearest municipality or borough. See instructions for mandatory attachments, Pay online wHhTOPS at www.raxaloska.gov or make check payable to State of Alaska. New applicants must pay by check. Retain a copy for your records -129- Permit Fee The permit fee is based on MW8 estimated gross mere pts. Check the appropriate box. ❑ New applicant S20 % 50-$20,000 $2D 0 1120,001 - S100,000 1S0 ❑ S10Q001ormore SIoo Form 0405•826.1 web Rev 10108 far20D9 • page I FROM KENAI PENN. FOOD BANK 0072626426 bon name � I a 094 AP?iKScv�sc. eews ' <MON)MRR 00 2009 90: SB /BT. 10: ST INo. 7631012644 P O tr q 2009 ALASKA GAMING PERMIT APPLICATION $26 AME3OFCHANCEANDC0NTESTS4FSKILL . Facility -based Games (self-directed)Ifmorethantwo wilifie5 attachase aaatesheet. SreAK �p+riheckonelGame}gce{chekailthaeapp¢}ed Fradlity ❑Leased 0 Dnated ❑Blego rRafBe QPull-tabs .C]ANmaI<lassic(thickenj" ❑Animalclassic(ratrace3" ❑speclaldrawraffla"' QCaicunapoal"" EadBtynamt PhysimladNess city Scarf Zip+4 y >t autlry ype(check onel QOwned Qleased wDonated Game ype (checkalldra(appiy) I ❑Bingo Oita& ❑Pull -tabs ❑ Animal dassr(chickeW QAnimal classic (fat race)* QSpedaidsawraRle" QCalcunapool" "I°fa%1PAgINnetyJK "teeknnurlkns(or moodalory anarhmems Aran—knCev'i r1r71Ge Area Game type lcheck all thatappy) QRafk OConeio(skll ORshderby QDogmushers'ronh8 ❑Gassic(spedfy! Area Game type (check all that apply) ❑Raffie QContestofskill Ofishderby ❑Dogmushefftlntess QCksslc(specHy} htanagerfustnama MI Managerlastname sodalsecudtynumber Daytime phone number hgme mafifng addms Email Mobhephone I Giry Slaw Tip+4 Hasthemanager ofgamespassed the test? []Yes ONO Permitifunderwhichtesttaken 'k1mr1 dAr [nfnrmAtinn -an],fi and WW fnrpar'h vpodnt lkted 8e1aw. BatarOquorstorename Physicaladdress City State AK Tip +4 Baroriiquorsmreaame Physical address lily StatteeK Zip +4 Bar or liquor stare name Piysicaladdress pry State AK Zip+4 6goordiauur store name Physualaddress City state AK Zip+4 oar of liquor SIM name Ptgslcaladdress any state AK Zip +4 J:,t - �O Desk pQpet Mi Desit MBp Information r who will conduct activities on the Busnessname Permittee Information (MBP) than one of Net Proceeds Describe in detail how the organization will use the net proceeds from gaming activities. /II�f �J�vre tit be zed su fart tood 04 u i s ite �,oA W Retain a copyfor your records -130- Sheet. N Form 0405-8261 web Rev 10108 for W • page Z TO: Airport Commission; Administration, Airport Manager & City Planner CC: Planning & Zoning Commission; Mayor &, Council FROM: Bob Molloy BATE: 04-01-09 SUBJECT: Discussion Item Standards for Approval Amendments to KMC 14.20.270 Amendment procedures, Paragraph (c) Amendment Procedure: I am unable to attend the 04-09-09 meeting of the Airport Commission, and wanted to communicate some additional ideas. Sometimes, developers submit conceptual designs of development projects in support of the application for rezone. During Council meetings on the subject of rezones, members of'the public have indicated the desire that there be some recognition in the City's public process for consideration of agreements that might be made between applicants or the project developers and affected property owners and neighborhoods concerning the proposed development project that is the basis for a proposed rezone. Attached is some brief information regarding "community benefits agreements" between community groups, affected property owners and applicantsiproject developers. While this type of agreement seems to be used most often for large development projects, it has been successful in cities whose codes allow consideration of "community benefits agreements." We could consider how this concept might be applied on a smaller scale to the City of Kenai's process under Code. For example, an additional "standard for approval" of a rezone could be consideration of a written development agreement between the applicant'/applicant's agent or project developer and the affected neighborhood or the property owners and lessees of the land to be rezoned and the land within three hundred feet (300') of the outer boundary of the land to be rezoned. The Code could be amended to allow such a development agreement and its terms to be considered by the Planning & Zoning Commission in making its decision and voting on a recommendation to Council, and in the Council's decision and vote that Council "may or may not adopt the amendment as a City ordinance." -131- Community Hene£us Agrnoments Gaining in Popularity « LAW OF THE LAND - 3t23109 3:12 PM. A blog on land use taw and zoning a About this Moe e About the Author • Links of Inmrest 1(poomine Conferences Posted by: Patty 8ntutn I Febmaty 10, 2008 Community Benefits Agreements Gaining in Popularity Beginning in the late 1990s as a mechanism for community groups to organize and work collaboratively, to communicate and negotiate directly with developers for the purposes of addressing a host of community impacts, community benefits agreements (CBAs) were developed. Often associated with proposed major redevelopment projects including sports arenas or large-scale housing and office park projects, these private agreements have the potential to empower communities to ensure that their needs and concerns are rot ignored, and are rather incorporated into the project design, process and outcomes. in addition to seeking appropriate environmental mitigations, CBAs may contain negotiated provisions dealing with, among other things: project labor agreements, hiring goats -for community members, job training for the workforce, living wage agreements, support for community: amenities including schools and other youth centered programs and commitments of affordable. housing. While municipalities may be limited in terms of the types and magnitude of conditions they may impose upon applicants (whether through development agreements, environmental mitigation statutes or other laws), these private agreements can be more flexible as they are in essence bilateral contracts. Typically, in exchange for the project developer's commitment to the negotiated terms of the agreement, the community coalition (who is supposed to represent the community as a whole) agrees not to challenge the project application as it makes Its way through the government review process. Of course, these private agreements do not bind the government (unless they voluntarily choose to incorporate the agreement into their decision making process where they have authority to do so), nor do they guarantee to the developer or to the community that the government will approve the. project in the manner envisioned by these parties, and they do not guarantee that another community group or individual will not bring legal action against the proposed project. Despite the potential drawbacks, CBAs are gaining in popularity around the country. Undoubtedly, there will be many legal issues that courts and legislatures will have the opportunity to decide. In the meantime, for more information on this developing area of the law, see the following sources: An outstanding blog on CBAs was recently launched by my colleague Amy Lavine, Esq. at: htto:/lcornmunitybeneflts bfoasgof ee_m Additional papers and articles on CBAs can be accessed at. htti)://www.00ve,,nmentlaw.ora/fjies/OBAs,r)df http:iipaoers ssrn com/sol3loaDers cfm?abstract id=1025724 A forthcoming symposium issue of the Journal of Affordable Housing and Community Development taw focuses on CBAs. Posted in Develonmont Aeroen ents, lin i onm ntai Justice Leave a response Name* i Ernuil* jWaizsice E Submit Comment C 6ttp://IzworthelanU.wmslpress.cam/2n08107110/corzunuetity-ben�tsm8re=menu-};aininb'In-paFUWiry/_ 1 32 _ 1 of y - Dn §h •eYej -Alt{Jrdd to Bri'bfdase�Buy Haid E�Ca AY '' Pa,*,.6taEtet,c6 l AbAuact Viawst 1Ti" - I Dawnlcads. 6Si Downi..d Rank. 89,071 Community Benefit Agreements: New Vehicle for 4 PooNo es 64 Investment in America's Neighborhoods - I ad.n�{:GongCLi A v David Maroolio - i ) PLO Forma Analysis Tuiane University Law School j ! TOO( - _ I Analyze CRE { Development Deals, 2007 t Structure Deals & Expose I Risk Urban Lawyer, vol. 39, No, 3, P, 557, Summer 2007 w.wr arpussotmara corn 7 t P bPc La Re eamh Pa ar N 07 18 12 80°I APY* Online Abstract; I Savinas Benefit Agreements (CBAs) are a relatively new feature of the land use planning process for major i :invest insociallyCommunity publio•private developments. The CBA is a legally enforceabie contract negotiated directly between the developer Responsible Bank $1 Minimum. Open An Ope and a broad -based community coalition. Deveiepe,s agree to provide valuable bens8ls to the community (e.g., Account . park space or recreational fa ciltie% a living wage for workers), and they receive in turn valuable support from the Sboreaankf)i.d aKcom community, for the proposed development. Both signatories to a CBA want to see the project built (otherwise, the '! community gets no benefits), so CSAs are note vehicle for NiMEY-style ("not in my back yard') opponents. CBAs put developers into a direct dialogue with representatives of the community most immediately Impacted by their FCE Benefits proposed P 1 Y g " roect, thereby enhancing the"democratic) IMnac of public -private partnershipa mements that are {,_s,�mi{, .,,,,,�e�{va �en.,ve.. ...................., .k_,..,_ __,�:.._._ Y_.._ C_ __ p..,....,,. $ Providing employers with i %oertefif solutions for 20 'what you're looking far! I IY/WW.IFq{tiC%.COm Community Benefft ,Join Coke & our partners jin making great programs ;for your community. �� ❑vePo5luveVy.o;mldaaUx ® 2009 $eeial Spence Electronic Pubvining, Inc. All Rights Reserved. Terms of Use Tma page was served by applies in 0.141 seconds. -133- From Wikipedia, the free encyclopedia (Redirected from Community Benefit Agreement) A Community Benefits Agreement in the USA is a contract signed by community groups and by a developer to provide economic development to a local community or neighborhood. It is generally legally enforceable, depending on the jurisdiction. A similar agreement in the United Kingdom is known as a Section 106 agreement These agreements set forth a range of community benefits that the developer agrees to provide as part of a development project in exchange for community support of a given project, Successful community benefits agreements rely heavily upon the formation of a multi -issue, broad based community coalition including community, environmental, faith -based and labor organizations. ►RZt:�iL�A] ■ i Purposes ■ 1.1 Challenges of economic development ■ 1.2 Movement ■ 1.3 Parties involved 1.4 Possible benefits ■ 1.5 Monitoring ■ 1.6 Enforcement . 1.7 Other Benefits • 2 Concerns and issues • 3 Recent examples 4 References W= A Community Benefits Agreement may have several purposes. Challenges of economic development While economic development projects are often heavily subsidized by taxpayer dollars, they produce decidedly mixed results for citizens. While many of these projects bring sorely needed jobs and tax revenues back to areas that have been disinvested, there is usually no guarantee that the "ripple effects" of the project will benefit current residents. Many developments cause inner-city gentrification, pushing out low-income residents as housing prices raise. Other projects create large numbers of dead-end low -wage retail and service sector jobs. Even after investing billions of dollars in economic development, many metropolitan regions continue to experience spiraling poverty, sprawling, unplanned growth, a crisis of unaffordable housing and declining quality of life for low and middle, income communities. -134- As local governments grapple with their responsibility to shape development and land use patterns, a new movement has emerged to challenge conventional thinking and offer a broader vision. This movement is centered on the concept of community benefits —the simple proposition that the main purpose of economic development is to bring measurable, permanent improvements to the lives of affected residents, particularly these in Iow-income neighborhoods and communities of color. Leading organizations include The Partnership for Working Families, Los Angeles Alliance for a New Economy, Georgia Stand -Up and Pittsburg UNITED. This movement, pressures the public sector to play a more strategic role in land use planning and urban growth, in ordento leverage its multibillion dollar investment in the private sector towards creation of good jobs, affordable housing, and neighborhood services that improve the quality of life for all residents, The community benefits movement began in California, where organizations in Los Angeles, San Diego, San Jose and the East Bay have worked individually and collectively to realize the tremendous social justice potential of economic development and land use planning. The movement is spreading rapidly to other regions in California and taking hold in metropolitan regions across the country, including Denver, Milwaukee, Seattle, Pittsburgh, New Jersey, Boston, New Haven, Phoenix and Atlanta. Parties involved CBAs are generally negotiated between leaders of community groups and the 'developer, prior to governmental approval of the project, However, there are innovative examples where coalitions have established standards for development projects during the planning stages before the developer is identified and the specific plans are determined (i.e. Milwaukee, Atlanta). Sometimes a government agency will play an active role in CBA negotiations, • Community organizations and labor unions must build a broad based campaign with comprehensive and ' concrete requirements of a proposed project. Developers will negotiate with community representatives to gain community support to move a proposed •' project forward. Some developers want to work with community groups in order to promote community involvement whether or not project approval is dependent on community support. • Government agencies mayor may not be involved in CBA negotiations. Government representatives may. . act on the behalf of the community in negotiations with the developer. • Attorneys will become involved since CBAs are enforceable contracts, with legal consequences for both developers and community groups. Ideally, the community organizations will start the negotiations directly with the developer and attorneys for both sides are brought in to formalize the contract after an agreement has been reached, Possible benefits Each particular CBA will depend on the community's needs, the size and type of the proposed development, and the relative bargaining power of the community groups and the developer. Benefits contained in a CBA may be provided by the developer or by other parties benefitting from the development subsidies, such as the stores that rent space in a subsidized retail development. Typically, CBAs include job quality standards, mechanisms that ensure low-income residents will have access to newly created jobs, and affordable housing requirements. Benefits that have been negotiated a part of CBAs include; • A living wage requirement for workers employed in the development. • Requirement that construction contractors pay prevailing wages • Responsible contractor provisions that make it easier for employers that pay good wages and provide job -135- training can compete for construction and/or property management contracts. • A "first source" hiring system, to target job opportunities in the development to residents of low-income neighborhoods., • Space for a neighborhood -serving for a neighborhood -serving child-care center. • Environmental standards. • Construction of parks and, recreational facilities. • Community input in selection of tenants of the development. • Community involvement in environmental remediation efforts. • Provisions that address parking and traffic and the increased pollution that can result from new development • Constriction of affordable housing. CBA negotiation process often improve the quality of development projects, by creating a clearinghouse for identifying and addressing community residents' and workers' needs. Though developers are often initially recalcitrant, they quickly come to realize the benefits of working with coalitions that bring all stakeholders to the table. Participating in CBA negotiations eliminates surprises in the development approvals process, and provides developers with community support that can help their projects navigate the public approvals process quickly. Any development project of significant size has to go through a complex governmental approval process. As a proposed project moves through this process, government officials and community groups may request that the project provide particular community benefits, or that the project be tailored to the needs of the community. CBAs enable developers to gain a coherent and comprehensive account of a community requirements rather than having to engage community organizations one by one. Overall CBAs can foster a collaborative relationship between developers and community members rather than an adversarial relationship. Monitoring Community groups should consider how each benefit in a CBA will be monitored. Financial commitments and other one-time benefits are probably the easiest aspect of a CBA to monitor. Much more challenging are ongoing tenant commitments, such as living wage and local hiring requirements, The most effective approaches include affirmative reporting requirements as well as the ability to investigate complaints of non-compliance. Required reports should be no less frequent than once a year, should be publicly available and should be due by a particular date each year. However the details play out, community groups should never settle for a monitoring system where performance reports are not verifiable. Enforcement This depends upon who signed the CBA and what enforcement provisions it contains. As a CBA is a legally binding contract, it can be enforced only by a party that has signed it. CBA's that are incorporated into the development agreement can be enforced by the government as well as by community groups. The community benefits approach makes the development better for the community, developers and local officials by creating an overall win -win -win scenario. This approach facilitates communication between developers and local officials through which community needs and concerns can be addressed. The end result is a development project balances the needs of the community with the vision of the developer. -136- Inclusiveness: The CBA negotiation process provides a mechanism to ensure that community concerns are heard and addressed. While some cities do a good job of seeking community input and responding to it, many do not. Law -income neighborhoods, non-English speaking areas, and communities of color have historically been excluded from the development process. Laws concerning public notice and participation are poorly enforced, and official public hearings are held at times and places that are not neighborhood - friendly. Having a CBA negotiation process helps to address these problems, providing a forum•for all parts of an affected community. Economic growth: CBAs support economic growth by allowing businesses to develop and expand in a way that is sustainable over the long term. CBAs also alleviate some of the negative side -effects associated with economic growth. Enforceability: CBAs ensure that the developer's promises regarding community benefits are legally enforced. Developers "pitching" a project often make promises that are never written into the development agreement, or are never enforced even if they are included. This is especially true of promises about jobs being created for local residents. CBAs commit developers in writing to promises they make regarding their projects, and make enforcements much easier. Accountability: CBAs enable citizens to hold governments accountable for the use of tax dollars. Public subsidies should not be applied to development projects that will increase poverty.. Additionally, CBAs help the public, community groups, government officials, and the news media monitor a project's outcome. Having all the benefits set forth promotes transparency and allows everyone to understand and assess the specific commitments made by a developer. Coalition -Building: At the heart of the community benefits strategy is coalition building, Organizing and maintaining a coalition, facilitating compromise and crafting a shared agenda is essential to creating a successful CBA. If enough stakeholders come together with a common vision for economic development, developers are likely to want to negotiate an agreement. The CBA process offers developers and attractive alternative to litigation and polarizing public debates. Efficiency: CBAs place the requirements and plans of all parties on the table from the beginning. Such agreements generate a collaborative relationship from the beginning avoiding community objection and costly delays. Clarity of Outcomes: CBAs provide local governments with the information they need to show successful delivery of promised benefits, such as creation of jobs. Very few state and local economic development entities can quantify their outcomes when questioned by legislatures or the public about the success of their programs or the public's return on investment. CBAs can be a vehicle for governments to gather and maintain information that demonstrates that the jobs and other benefits actually materialize. There have been some criticisms of CBAs. This has been, generally, in the context of costs and benefits of such agreements.111 There have been several recent examples of the use of such agreements. The new Yankee Stadium was built in part with a benefits program includedl21 The plan included $28,000,000 in grants and free tickets for organizations.l2l However, at least one scholarly article does not consider it a representative agreement, because it was negotiated by elected officials, not community groups. Moreover, there was no requirement that the grants be limited to Bronx organizations,l21 community groups -137- actively opposed the new stadium and the CBA,l2I and the deal requires the appointment of a trustee appointed by those very public officials.l2f As of October 2008, no such trustee has been appointed yet References 1. A Patricia Salkin, "Understanding Community Benefit Agreements: Opportunities and Traps for Developers, Municipalities and Community Organizations," found at SSRn abstracts (http://papers,ssm.com /so13/papers.cfm?abstract_id=1025724) . Retrieved October 20, 2009. 2 a a c d c Williams, Timothy, "$28 Million for the Bronx in the Yankees' Stadium Plan," New York Times, found at NY Times website (http://www.nytimes.com/2006/03/22/nyregion/22bronx,hnnIL r-1&oref=slogin) . Accessed October 15, 2008, ■ Community Benefits Agreements: Making Development Projects Accountable by Julian Gross with Greg LeRoy and Madeline Janis-Aparicio • Community Benefits Agreements: The Power, Practice, and Promise of a Responsible Redevelopment Tool by the Annie E. Casey Foundation. Retrieved from "http://en.wikipedia.org/wiki/Community_Benefits_Agreement" Categories: Contract law I Community I Projects I Economic development I Law stubs Hidden categories: Articles with peacock terms I Wikipedia articles needing copy edit from October, 2008 1 All articles needing copy edit I Articles lacking in -text citations I Wikipedia articles with possible conflicts of interest ® This page was last modified on 22 March 2009, at 20:17. ■ All text is available under the terms of the GNU Free Documentation License. (See Copyrights for details.) Wikipedia§ is a registered trademark of the Wikimedia Foundation, Inc., a U.S. registered 501(c)(3) tax-deductible nonprofit charity. sm L-2. Council Discussion related to Standards for Approval/Amendments to KMC 14.20.270 -- Amendment Procedures. ROSS: I want to express appreciation to Councilman Molloy. He always gives us notice of what's on his mind and in the info section is a proposal of his that I think needs our serious consideration. I'm not going to go to the merits of it. I, I guess what I'm asking of Councilman Molloy, there's, and I've, I've already discussed this with him and the city attorney, I have serious questions and I'll let the attorney speak for himself, as to whether or not this can even be done under our Charter, a super majority of a council required for an ordinance. I'm well aware that there's one exception to majority rule in the Charter and that's on emergency financial ordinances as well as retention or termination of a city manager as two of our council members dealt with that situation at length. But, I guess what I'm asking is, that this come back as you work with the city attorney, it come back to us as a discussion item before it ever goes forward to P&,Z or Airport Commission so that we can at least have an idea that if we want input into the super majority thing, where it stands as far as under our Charter. MOLLOY: Is that a question for me or ROSS: Well.... MOLLOY: I'll answer if you like... ROSS: ...sure. city attorney... MOLLOY: Okay. The, yeah, you know, I mean, what was behind the super majority had to do with my, you know, discussion I was having with about, well, first off, to back up, I would like to see some standards in the code that the commission and us apply, you know. The super majority had to deal with, the idea came from the Anchorage code where Anchorage said, you knout, if there's, in the parameters that I have, they require eight votes. -139- KENAI CITY COUNCIL MEETING MARCH 4, 2009 PARTIAL VERBATIM PAGE The reason I picked that had to do with what I was saying at the time was, you know, when you have such a great protest or opposition by so many people that are affected, you should have a compelling public purpose that outweighs the harm that they see. That's kind of a sort of vague standard and I thought votes were black and white. But, if its, if it's not consistent with the Charter, then obviously, you can't bring that forward and you, you know, council can't do something that's inconsistent with the Charter without a Charter amendment. That was a, that's a good point that you bring up. I appreciate that you brought it up and I am planning on having a discussion with Mr. Graves and Mr, Koch and the City Planner, you know, tomorrow, so whatever 1, I do bring forward, isn't necessarily going to be what's in the packet. You know, what, what's in the packet is like putting the ball in play and, and then I would bring it to council. My idea was that, you know, we would have a discussion and then it would go to Planning & Zoning through the process. You know, what comes out at the other end may be different than what's started with. I don't know if I've answered your question. PORTER: All right, any other comments? Mr.... ROSS: It will come back to us as a discussion item before it goes to... MOLLOY: It, it will either be a discussion item or an ordinance, okay, and, but, you know, council will decide where it goes after that, okay, and, I'm... ROSS: And my only other comment on that is, in addition to P&Z I really would think that, especially as encompassing as it is and it ties in city properties, it should also go to the Airport Commission as a commission that probably has comments on the biggest pieces of land under one ownership in the city. MOLLOY: And I, you know, if I could respond to that, I have no problem with that, you know, I mean, the more the merrier. The, you know*, these are some ideas I had, Some of them are a little bit vague, but you know, I pulled them out of the Palmer code, the Anchorage code, and, you know, maybe there's different ones or more specific ones like traffic, you know, analysis or something like that, that PIanning & Zoning might want to look at or Airport might have other ideas, and, you know, I have no objection to that. PORTER: Any other comments? Mr. Koch, Mr, Ross? ROSS: No. -140- KENAI CITY COUNCIL MEETING MARCH 4; 2009 PARTIAL VERBATIM PAGE 3 END OF DISCUSSION. Partial verbatim transcribed and submitted by: Carol L. Freas, City Clerk -141- KENAI CITY COUNCIL MEETING MARCH 18, 2004 PARTIALVERBATIM ITEM 7: Discussion -- Draft Ordinance -- KMC 14.20.270/Amendment Procedures. PORTER: Council, we now have before us a discussion of draft ordinance, Kenai Municipal Code 14... ROSS: Madam'Mayor? PORTER: Yes, ROSS: Before we leave the calendar, I need to whine. I'm not going to be able to make the meeting on May the 28+h. PORTER: Oh the work session. ROSS: Yeah ... I won't be in town that day. PORTER: Councilman Smalley, are you going to be there for that? SMALLEY: I'm still booked. ROSS: I'm going to be out of town. MOLLOY: ...reschedule it then. PORTER: How about the 26rh? That's on a Tuesday. ROSS: That would work for me but... MOLLOY: That's okay ... I have no problem with that. PORTER: Let's switch it back to the 26th then. SMALLEY: I have a question mark on mine, but right now it's available. PORTER: Okay, the 26th of May for the smoking work session. Six p.m., Tuesday the 26th. Okay? -142- KENAI CITY COUNCIL MEETING PARTIAL VERBATIM MARCH 18, 2009 PAGE 2 Now, go on to the draft ordinance, Kenai Municipal Code 14.20.270, amendment procedures and that would be Councilman Molloy. MOLLOY: Thank you Mayor Porter. First I'd like to recap a little and then talk about maybe what I would like to, hope to see happen. During a council meeting in January, I expressed some concerns over a lack of written standards in the Kenai zoning code to guide the Planning and Zoning Commission and the city council in making decisions on rezoning applications and the existing ordinance that's proposed, well, the initial draft are on pages 333 and 334 of the packet. And, you know, generally what our requirements are under (b)(3) is, excuse me, (b)(2), is you know, we consider them if the rezone area contains a minimum of one acre and we don't if there, if it's substantially the same as any other proposed amendment submitted within the previous nine months. Then, you go down to (c) on existing amendment procedures, you have a completed application that's reviewed, commission holds a public hearing in accordance with requirements of the chapter, and then over on 334, the commission shall, upon public hearing, word it's, excuse me, written recommendations to Kenai City Council, and then, the Council, in accordance with the code upon public hearing, may or may not adopt the amendment as an ordinance. So when, you know, when staff reviews the applications and makes a report to us, there's, there's very little that they have to deal with, you know, just things like, is the application complete; does the, is the area an acre or more; is it consistent with the Comprehensive Plan; and maybe whether there's been some relevant changes to the map since then that we should consider. But there's case law that has a whole lot of other, you know, requirements that, that, you know, that can capture the city if we don't do things properly, like under a lot of those Griswold cases, they can invalidate zoning decisions which are the result of prejudice, arbitrary decision making or improper motives. You know if we violate substantive due process, if we have no reasonable relationship to a government purpose, if we do spot zoning. In looking at that, they consider the consistency of the amendment to the Comprehensive Plan, which we do, the benefits and detriments to the owners and adjacent landowners, which sometimes we do or we don't do, but it's not required in our evaluation process, the community and the size of the area rezone. You know, I think that setting out some more specific standards that we would look at, kind of a list of factors to be evaluated, would result in some in good decisions through the public process. I'm not sure if these are the best ones or if they fit our -143- KENAI CITY COUNCIL MEETING PARTIAL VERBATIM MARCH 18, 2009 PAGE 3 city. I've taken these primarily from, you know, the City of Palmer and the Anchorage code, and already there's been some changes from the initial draft, I think Vice Mayor Ross, he was right on, we cant do a five vote thing, he was right on, I had a good meeting with the administration. 1 adopted, this adopts some of their suggestions. I'm not suggesting that they agree with this or anything like that. I would be interested in what they have to say about that, about this. I would be very interested in what the Planning and Zoning Commission has to say what they think standards should be for our community, particularly maybe Phil Bryson who has been on there through the years and knows a lot more than I do about this. Vice Mayor Ross suggested that the, you know, the Airport Commission might be good for input. Okay, what, so that's, you know, basically what my background is with this. What my present intent is, you know, I was originally thinking that maybe we could send this draft to Planning and Zoning as a starting point, for their review, at their April eighth meeting, cause they're looking, they're going to look at other stuff relating to the limited commercial zone. Now I'm thing that's not realistic, because of, you know, in the interim, the MAPS neighborhood has proposed a special zone and that may be on their agenda for that night too, you know. And, you know, and then I know there's another work session that they're going to have on cell towers and they're going to try and coordinate that when people are in, so, so I guess, you know, I'm really interested in seeing the dialogue and discussion on this. I know what's going to come out is probably going to be very different than what we started with and you know, that's the way it works. I don't want to say they've got to deal with this April eighth. I guess I would leave it up to administration and Planning and Zoning to schedule a work session on this when it works for them. I'd like to see them start maybe with it within the next three months, you know, and part of the reason for that is I would like to see some serious thought on it and if you pile too much, you know, on people, it's not going to happen. So, thank you. PORTER: Thank you. Is there any questions or comments? Councilman Ross. ROSS: Madam Mayor, I, I appreciate the approach that Councilman Molloy is taking and his realization that as they work with this language and look how it's been used elsewhere that there may be modifications. I don't want to see this become a, a fertile ground for imaginative attorneys in the future and sometimes when you don't watch your language, nothing personal there, sometimes if you don't watch your language when you're crafting things, you spend more time arguing about language -144- KENAI CITY COUNCIL MEETING PARTIAL VERBATIM MARCH 18, 2009 PAGE 4 than the result you're working toward and I know Anchorage has had that experience in recent history, with some of theirs. The reason I think the Airport Commission should be engaged, especially when you read (g). When this City set up zoning, and it's not been that many years ago, it's been over forty; but when they set it up, they zoned certain areas and they said everything else is going to be rural residential until we decide how it's to be used. Well, that's worked out fairly well, though we're going to have differences as we go along. But what happened at the airport is, that the land was transferred to the city to support the airport -- to be developed in support of the airport. The city didn't want to call it rural residential, so they put it and called it conservation and they draw out of it as they need it. At that time, you know, forty years ago people were thinking conservation is like a land bank. Now conservation takes on a whole different term and so every time the airport looks at doing anything with that land, you have people say, "wait a minute, that's conservation" and conservation nowadays has more of a green term than it did a land bank. The federal government would never have transferred us land to put into the conservation setting today that was to be used in support of an airport. And so, I think the Airport Commission really needs to get engaged, especially as some if these things are applied to airport land that the federal government transferred us for the specific operations of that airport, having these criteria and especially (g) applied to them. And so, it's very important to me that it goes to the Airport, that the administration works with both P&Z and the Airport Commission to make sure that whatever we come out with does not have language that lends itself to now all of a sudden we have to do economic impact statements on and on and on. But, I appreciate the approach that Councilman Molloy has taken on it. I do think it needs to go to both commissions and have a lot of work done. And, I agree with him, this is going to be long-term project -- nothing that can be done in the month of April. PORTER: Thank you. Are there any other comments regarding this draft? Councilman Moore. MOORE: Thank you mayor. Just a question for Bob: Did you say you went through this with the administration once already? MOLLOY: Yes, but it was, it was just to... PORTER: Could you make sure you talk into your mike? '® KENAI CITY COUNCIL MEETING PARTIAL VERBATIM MARCH 18, 2009 PAGE 5 MOLLOY: sure... PORTER: Thank you. MOLLOY: It was to exchange some ideas and, but, you know, and I'm doing in draft format, so they can have more time to deal with it because they were not, you know, there was a lot going on, so, so like for example, (c)(3) was changed based on comments from the city attorney, you know, because the previous one said we can only do it if, you know, and this says that we'll consider these factors and determine if it is in the best interest of and I took out the word "only" and stuff like that, based on his recommendation. And, there was some, a discussion between us regarding (g) which Council Member Ross is talking about. It's trying to deal with the situation where you have a lot of protest over a rezone and the early one was five votes, because you know, I took that from the Anchorage zone. They had a super majority eight, but the vice mayor was correct, we can't do that without change our charter, so I changed, I changed that. The discussion was, you know, some people thought that, you know, property owners and adjacent landowners shouldn't have a special provision , everybody in the city should be treated the same whenever they come to testify or whatever and other discussion was the opposite that it affects them so there should be something that deals with that, and then the discussion was, can that be tracked and then the discussion was, well yes, we could track that, you know, because we send out the notices and everything whatever. And again, you know, I'm not saying that there was a blessing of any of this, you know, but it was a dialog to exchange ideas and that's it. MOORE: Can I follow up real quick? PORTER: Yes, go ahead. MOORE: So, would say that, I mean, initially your purpose, the intent, your intent with this ordinance or going through this process is to raise the bar for the ability to rezone properties in Kenai or more clearly document the process for rezoning. MOLLOY: Ah, I think it's, you know, not to raise the bar, so to speak, it, you know, but to have a list of factors that we evaluate when we're doing it. Now, we do some anyway, but we don't always. Like, like for example, when we were, during the whole process with Wal-Mart, you know, when we were looking at rezoning that property, we did a traffic analysis impact statement and we looked at traffic and there's been a lot of complaints by people over traffic and you know, Dave Spence from the school district came to planning and zoning and said, you know, we don't want to see -146- KENAI CITY COUNCIL MEETING PARTIAL VERBATIM MARCH 18, 2009 PAGE b businesses that are going to attract kids running across the highway. What are you going to do about that? And so, you know, some of this is subjective. I realize that and might not be the best words, but like, page 334, (b) tries to deal with that by saying the proposed amendment is consistent with the public health, safety, welfare and convenience. You know, so that would be something that we would look at regularly when we do the process. Maybe those aren't the right words. Maybe saying something about traffic specifically. Another thing we did when we did Wal-Mart, there was a, that, that creek that we're talking here too, there was a, a, you know, we had a protest that was based on the, you know, the relationship of the creek to the property and it being an anadromous stream., you know, I might not have the right word, but, you know, fish -spawning stream and, and in the process of dealing with that, you know, we did deal with that and we did some mitigation and Wal-Mart modified their site plan to deal with snow things so that it wouldn't be dumped in the creek, but so, we were doing it kind of ad hoc, but not regularly and if you have something that you look at regularly, you can defend it with the lawyers and maybe have a better decision. So, so that's sort of what, so, I'm not, this is sort of different that some of the other things I've done. The way I see this is, it's kind of what I said before, is putting a ball in play. I don't know what's going to happen with it and that's okay. That's the way things are. These may not be the best words. Administration may have other standards that they think there should be in place of these. Planning and Zoning may have some. Airport may have some, you know, and that's fine. PORTER: Councilman Molloy, so it's your intent at this time to send it, a, number one, to the Airport Commission, Planning and Zoning and get some feedback on this. MOLLOY: Right, I'm asking council... PORTER: The administration... MOLLOY: ...to join in doing that and if you want to send it to airport first, you know, that's fine, however you like to, I'm open to anything, but I think this discussion and debate is a good thing to do. PORTER: Okay. All right, what's the pleasure of council? Councilman Smalley. SMALLEY: Thank you Madam Mayor. I, discussion and debate is obviously a very good set of tools to have. I appreciate Council Member Molloy's work on this. I, I -147- KENAI CITY COUNCIL MEETING PARTIAL VERBATIM MARCH 18, 2009 PAGE 7 agree it should go to Airport, Planning & Zoning, I have the city attorney, city manager working with it, city planner and double check and make sure we have the right buzz words that we need to have. To me, it's a good attempt to add better defining process when I look at it, but there are some things in there that I am confused by and, and I think once it goes through that filtering mechanism of the commissions and administration, we'll have a much better, perhaps even a different document to look at. PORTER: Thank you. Any other comments from council? Councilman Ross. ROSS: Just the last point that Councilman Molloy brought up when he said, perhaps it should go to the Airport Commission first. With everything that's on the plate of Planning & Zoning, that probably is a very good suggestion on his part that it go to Airport first and let them massage it and see what they come out with. PORTER: Okay. MOLLOY: And, and that's fine, that's a great outcome. PORTER: Mr. Sandahl, do you have that? SANDAHL: ' Yes. PORTER: Thank you. Okay, is there any more discussion? MOLLOY: Thank you. PORTER: Thank you. MOLLOY: I appreciate the time. END OF DISCUSSION. Partial verbatim transcribed and submitted by: Carol L. Freas, City Clerk KENAI RIVER Special Management Area "Working together —for the river" ,,A D',DDDTar ! KOD/��D Kenai River Special Management Area Advisory Board *** Meeting Agenda*** Thursday, April 9, 2009 6:30 p.m. Kenai River Center CALL TO ORDER A. Roll Call B. Minutes Approval C. Agenda Changes and Approval It. Public Comments Presentation: Sterling Highway Mile Post 45 to 60. Miriam McCulloch, Project Manager for DOT&PF, and Mark Dalton, HDR Alaska Project Manager Ill. REPORTS A. Agency and Government Reports a. State Parks —Sinclair, Russell b. DEC- Stevens c. ADF&G- Vania/ Begich/ d. USF&WS- West e. USFS/Chugach- Skibo f. City of Kenai- Ogle g. City of Soldotna- Micciche h. Kenai Peninsula Borough- Martin B. Committee Reports a. Guide Advisory b. Habitat c. River Use d. Permits e. Legislative/Government Activities f. Board Development g. Agenda/Board Structure/Housekeeping IV. OLD BUSINESS ACTION ITEMS KENAAI CrrY CLERK A. Results of Priorities set by board — Top 20 - KRCMP Issues from workshop B. Letter to Commissioners of Fish and Game, Natural Resources and Environmental Conservation C. Board endorsement of the PFD guidelines D. Statewide Teleconference Report- Connors V. NEW BUSINESS A. Update on HEA hydro project B. Proposed Bylaw changes — Three year terms VI. CORRESPONDENCE VII. PUBLIC COMMENT Vill. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting May 14, 2009 5:30 p.m. Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907-262-5581 to < Kenai Peninsula Borough, 144 N. Binkley, Soldotna, AK 99669 907-262-4441 F _ Kenai River Canter 514 Funny River Road, Soldotna, AK 99669. 907-260-4862 Alaska OfNsion of Parks end Outdoor Reo.voq oeoa¢rtment ewral Resources, in rooperatipn with the Kenal Peninsula Borough { aK ,. R re r r Kenai River Special Management Area Advisory Board Minutes Kenai River Center Thursday, March 12, 2009 5,30 p.m. Call to Order A. Members Present: Wayne Ogle, Brenda Trefon, Robin West, Bobbie Jo Skibo, Jason Pawluk, Jack Sinclair, Tim Stevens, Joe Connors, Ted Wellman, Carol Padgett, Richard Dykema, George Heim, Adam Reimer, James Czarnezki, Bruce King. Members Absent: Milli Martin, Peter Micciche B. The Minutes for February 12, 2009 were approved as written. C. Agenda Changes and Approval There were no changes to the agenda. II. Public Comments: Presentations: A. Alaska Statewide Comprehensive Outdoor Recreation Plan (SCORP) Alaska State Parks is updating the Statewide Comprehensive Outdoor Recreation Plan (SCORP). This plan provides communities and agencies information about Alaskan's outdoor recreation preferences. It also keeps Alaska eligible for Federal Land and Water Conservation grant funds for outdoor recreation projects. The public is encouraged to take one of three surveys posted online. One is for the public, one is for youth, and one is for recreation managers. The online surveys can be found at www.alaskastateaarks.ora. Deadline for all surveys is March 9, 2009 B. Human Waste Option on the River, Tom Campenella gave a demonstration on the ECO-LET toilets that -operate without the use of water, sewage hoop -up, electricity or harmful toxic chemical. The toilets are plumbing free, hygienically sound, water isolation safe and environmentally friendly. The toilet uses a continuous poly -plastic 75-foot bag ready for use. The toilets consist of a house that is collapsible and weighs about 100 pounds. These ECO- LET toilets can be leased from Thomas Campanella-2730 VIP Drive, Kenai, Alaska 99611 or 907-283-3955. Ill. Reports A. Agency Reports Kenai River Center I State Parks Report Jack Sinclair, ADNRtParks, gave a report on Representative Seaton's HB 179, addressing the addition of lands for the Kenai River Special Management Area, specifically the Kenai Lake area. Letters of support are encouraged. Jack will also be bringing the Kenai Area's 2010 deferred maintenance list to present to the board. Every year each area manager submits their list for consideration by the Director's staff. It is recommended that the Advisory Board review the deferred maintenance for the Kenai Area and prioritize the list. All Kenai River Rangers are back to work. Tim Stevens, DEC, met with the Habitat Committee and gave a report that DEC did not get a grant applicant to continue the turbidity study on the Kenai River in July. The department or division is looking at other ways to possibly fund that study. Since it was put into the grant solicitation section it -150- was not put into the Department's line item budget. This year's budget is not fixed yet, so the agency is looking to see if there are other monies available through other contracts for sampling in July and possible August of this year. ADF&G, Jason Pawluk, nothing to report. GSF&WS, Robin West, reported that in the fall he gave an update on the National Wildlife Refuge comprehensive conservation plan management plan. The comment period closed in the fall. They received was about 400 to 500 comments which is lower than expected for the size of the plan. These comments were read and responded to. There is an internal review of the plan. Robin will report back in the spring, by then he anticipates hard copies of the plan to be available. USFStChugach, Bobbie Jo Skibo, nothing to report. Guide Advisory, Joe Connors reported the committee met and had 13 members present. The first item is the 2009 voluntary PFD wear program guidelines developed by State Parks. The guide advisory board endorsed this action unanimously. The committee would like to have a voluntary program put into place for the middle and lower Kenai River. Jim C. asked if this is an action item not listed on the agenda, or is this a lay down? Jack explained that this is a program that State Parks operations is sharing with the board. It is up to the board if they want to comment on or endorse it. If this going to be action item that needs to be voted on, it should be done at the April 9th meeting. The board agreed. The item was scheduled for the April meeting. Next item was the hospitality boat clause within the special park use permit for a competitive event on the Kenai River. The suggested changes are to list the hospitality boat for the event and the name of the operator. This person will have to meet with State Park Ranger prior to the event; boat operations and operator behavior will also be addressed, The fourth item was regarding Guide suspensions. For the first time, suspensions were given for failure to submit log books in a timely manner. There was a discussion about how this could distort the guide complaint numbers; this particular problem is being addressed in the academy. The 2008 boating accident summary was also made available. There were five accidents involving two boats and one that involved three boats. No serious injuries were reported. Habitat, Bruce King, 12 members were present. Bruce reported most of their time has been spent working on the habitat management options matrix The other issue was the turbidity -sampling program for this summer. It was agreed that the Habitat committee would draft a'letter for the board to consider sending to the commissioners of DEC, Fish and Game and DNR urging them to find a way to fund the turbidity study for this summer. Bruce gave an update on his involvement on the Fish Habitat Partnership on behalf of the Advisory Board. The KPFHP is a diverse group of users and resource managers developing a strategic plan for all users on the peninsula borough. The important part of this process is to develop this strategic plan to be part of the national partnership that may make federal funding available. River Use, Ted Wellman: The committee discussed whether or not PFDs should be mandatory for all river users. It was recommend that the public take advantage of the PFDs made available through the State Parks' expanded program, but would not make PFDs mandatory on the river for all users. There was a very spirited discussion about implementing a user fee on the Kenai River. The committee referred back to the KR comprehensive mgt. plan for reference. it was suggested that each person would pay 5 to 10 dollars. The question that was raised was how this would be Kenai River Special Management Area Advisory Board Minutes — March 12, 2009 Page 2 of 4 -151- enforced and what the user fee should be used for. It was decided to see where this would be ranked in the Board's Comp plan recommendations in April. Mr. Tim Martin talked to the committee about his easement encroachment issue and there was also discussion about other easements along the river. The committee felt there were more questions than answers at the moment. This is a continuing issue for the committee work on. Permits, Jim Czarnezki, committee did not meet. A. Legislative/Government Activities, committee did not meet, Joe Connors will work on setting up a chairperson. B. Board Development, Jack Sinclair, Had a short meeting with Jim Czarnezki that included board training for next fall. Bruce King suggested that the board offer expanded training in habitat and watershed management that would include other professionals and experts coming in to talk to the board on habitat issues along the river. IV. Old Business Action Items Review KRCMP Issues from workshop It was determined that the each board member needs to rank all these items from the workshop handout. Numbers will be placed in front of each issue and then each member should rank the top 20. The Comp Plan is supposed to be reviewed annually but it was suggested that the board develop a two- to three year plan of action regarding these issues. It was suggested that the board convene to rank these issues prior to the next meeting on April 9 at 4:30 to rank the top 20 issues. The regular meeting would then start at 5:30. Jack commented that the Director has recommended that all advisory boards across the state standardize the length of terms for an advisory board member. Most of the boards have three year terms right now; it is suggested the board review the bylaws and make a recommendation to be consistent with the other boards. V. New Business Salmon Celebration May 5- Discussion-KRSMA Board participation -Brenda Trefon would like the board to participate in the Salmon Celebration by staffing a station at this event. This is an opportunity to educate children on issues concerning the Kenai River. There are a number of activities; Brenda can coordinate and come up with an idea. The board agreed to help with a table at the event. Dick Dykema, Joe Connors and possible Carol Padgett volunteered. Send an e-mail to Brenda to offer more assistance. VI. Correspondence Commissioner's response the board's request to change the regulation for distances allowed for the discharge of firearms at the Kenai River Flats. The Commissioner of DNR indicated that a regulation change proposal could be included in the next statewide park regulation packet that will be prepared prior to 2010. Letters were sent to members of Senate and House encouraging them to include additional funds for the Kenai River's deferred maintenance in the 2010 Capital budget. VII. Public Comment- Garth Bilderbeck is in favor of the PFD program. Also encouraged the State Parks to look into a program to train the average citizen for boat operation. The guides go through Kenai River Special Management Area Advisory Board Minutes — March 12, 2009 Page 3 of 4 -152- a class and the response is overwhelming. But the general public needs to have course where they would receive a certificate upon completion. Vlll. Adjournment A. Board Comments George Heim commented that the Borough is cutting all funding for non - departmental funding. Send an e-mail or phone call to the Borough Assembly or Mayor if this concerns anyone. B. Date/Agenda of Next Meeting April 9, 2009 6:30 p.m. Kenai River Special Management Area Advisory Board Minutes —March 12, 2009 Page 4 of 4 -153- 907-77 To Whom It May Concern: P.O. BOX 7116 NIKISKI, AL.ASKA 99635 776-5122 kpril lam, 2009 Greetings! it is my honor this year to write this letter to ask for your support for one of our biggest events of the year, "Family Fun in the Midnight Sun". This year it will be held on Saturday June 20, 2009. Unfortunately this year, the Nikiski Chamber will not be part of this traditional event. They've played a big role in past "Family Fun" events and will be missed. This year, the event is sponsored by the North Peninsula Recreation and the Nikiski Fire Department (Nikiski Fire Fighters Association). Every year we give you, our business community, the opportunity to give back to the community at large. We are asking for donations of money or family prizes that we can give out to kids and families that attend the event. Without your help, we would not be able to continue to host this important function that has become part of the fabric of our fine community. Please consider this request. Your dollars go a long way in promoting your good name locally. Ali donations are tax deductible, so I am including the Federal ID number: 94-3098100. Please make checks payable to the "Nikiski Fire Fighters Association". Please feel free to contact me at my office if you have any questions. We will be glad to pick up your donations, or you may mail it to: NPRSA, P.Q. Box 7116, Nikiski, AK 99635. I eciate and thank you for your time and efforts. �LR RacParra Recreation Director North Peninsula Recreation Service Area 907.776.8800 Please consider the bottom portion as your receipt for any donation you wish to make. Tax ID # 94-3098100 Nikiski Fire Fighters Association, Inc. Amount of Donation Date (Cash, Check, Family Prize) Donation Made By: For: Family Fun in the Midnight Sun Event -154- CITY OF KENAI NOTICE OF PUBLIC HEARING APRIL 15, 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 April 15, 2009. 1. 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." 2. Discussion (no Council action required but public testimony will be taken) -- Justice Assistance Grant Program Participation. 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 and/or resolutions may be amended by the Councilpriorto adoption without further public notice. Carol L. Freas, Kenai City Clerk Posted: April-10, 2009 c a AGENDA KENAI CITY COUNCIL— REGULAR MEETING APRIL 15, 2009 oa 7:00 P.M. Np1"`"" KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1 Duane Bannock, Director, KIPS Spruce Bark Beetle Program -- Program Update. 2. Margaret Coleman, Executive Director, Haven House -- Child Advocacy Center/Homer/Program Update. 3, Olivia Pfeifer, KCHS Student -- Caring for the Kenai Presentation, "Better Bird Control." ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. 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." 2. Discussion (no Council action required but public testimony will be taken) -- Justice Assistance Grant Program Participation. ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15000. 3, *Ordinance No. 2397.2009 -- Increasing Estimated Revenues and Appropriations by $65,750 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Construction. 4. *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 Fund for Capital Improvements. 5. *Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,221.96 in the General Fund for Library Travel and Transportation. 6. *Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures. 7. *Ordinance No. 2401-2009 -- Increasing Estimated Revenues and Appropriations by $853.55 in the General Fund for Forensic Computer Training from Internet Crimes Against Children (ICAC). 8. *Ordinance No. 2402-2009 --Authorizing a Budget Transfer of $5,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by $5,000 to Provide for Additional Funding for the Soccer Park Maintenance Building Project. 9. Approval -- Assignment of and Amendment to Lease -- ZYX Holdings Incorporated and Franklin G. Wortham and Charles B. Versaw, Individually to Arctic Barnabas Ministries, Inc./Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1. 10. Discussion -- Schedule Work Session/Fuel Flowage Fee 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