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2009-05-06 Council Packet
COUNCIL MEETING OF: 4� , , •' • RZAL910100 WSW I MALLEY ..- ����000 SMALLEY ..- i Page I of R JOHNSONPORTER SMALLEY ••I _= I:i11i7ifileE ROSS FAI 44 MOORE ELDRIDGE ON d COUNCIL MEETING OF: � Ca/ a��p 9 I I M I S I v I Page of �? TJ :941:1111Ze3cl I&Eel 100 -1�000 • ligmal e • O� Carol Freas From: Carol Freas Sent: Tuesday, May 05, 2009 1:30 PM To: barry_eldridge@yahoo.com; hvsmalley@yahoo.com; cpajoe@altrogco.com; mboyle@alaska.com; kenaimayor10@msn.com Cc: kenaimayor10@msn.com; molloylaw@ak.net; Cary Graves; Rick Koch Subject: Telephonic Participation at May 6, 2009 Council Meeting Council Members: Council Member Molloy and Mayor Porter have requested to telephonically participate in the May 6, 2009 council meeting. Their location information is as follows: Council Member Molloy: Travel Lodge Juneau 9200 Glacier Highway Egan Drive & Glacier Highway Juneau, AK 99801 Mayor Porter: Disney Old Key West Resort 1510 North Cove Road Lake Buena Vista, Florida Because there are two members telephonically participating, the call will be initiated by me through GCI Teleconference Operator. If you have any questions, please contact me. Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283-7535, extension 231 Fax: (907)283-5068 Carol Freas From: Carol Frees Sent: Tuesday, May 05, 2009 9:00 AM To: kenaimayor10@msn.com; molloylaw@ak.net Subject: Teleconference Call Information Good morning, You have both requested to participate in the Wednesday, May 6, 2009 council meeting via teleconference call. Following is the information you will need to connect: Dial: 1-800-315-6338 Enter connect code: 8231# I will dial in as the originator approximately ten minutes prior to the start of the meeting. You can dial in at that time too. If you hear music, it means I haven't dialed in yet. Just hang up and redial in another minute or so. Carol Ropiml m NAME ORGANIZATION RESIDENCE ADDRESS/ PHONE NUMBER � IF CITY RESIDENT fr f)* 6- UAN.r Ar ceo�J-16 t) -Er V/1 �ut yol Ilk/ , 39-7 5 COUNCIL MEETING OF: Epp NAME ADDRESS TOPIC Agenda Or Non -Agenda Item? Tb �4L C l 5 (3 ps stut E AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 6, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h.ttp://www.ei.kenai.ak.us T9111111110 . 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. Brenda Ahlberg, Executive Director, Boys & Girls Clubs of the Kenai Peninsula -- Kenai Club Benefits/Request for Funding Consideration............ 2. Mark Schrag -- Zoning Instability................................................................ 3. Kathy Johnson -- Limited Commercial Rezoning ........................................... 4. D'Anna Gibson, KCHS Nordic Ski Team -- Request/Beach Cleaning .............. 1 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. 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 ............................. 2 2. 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 3. Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,221.96 in the General Fund for Library Travel and Transportation............................................................................................. 7 a. Substitute Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation..................................................................... 8 4. Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures................................................................................................ 9 5. 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)................................................ 10 6. 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 ............................................... 11 7. Resolution No. 2009-15 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled Kenai Courthouse Parking Expansion - 2009 for the Total Amount of$220,327.50.......................................................................... 14 8. Resolution No. 2009-16 -- Authorizing a Budget Transfer of $10,000 Within the Water and Sewer Special Revenue Fund From Contingency to Operating andRepair Supplies..................................................................................... 16 9. Resolution No. 2009-17 -- Authorizing a Budget Transfer Within the City Shop Department to Cover Costs in Excess of Budgeted Amounts for Operating andRepair Supplies....................................................................................... 17 10. Resolution No. 2009-18- Authorizing a Budget Transfer Within the General Fund, Police Department to Cover Costs for Equipping a New Police Cruiser... 18 ITEM F: MINUTES 1. *Regular Meeting of April 15, 2009.................................................................. 20 2. *Budget Work Session of March 30, 2009........................................................ 36 3. *Budget Work Session of April 2, 2009............................................................. 38 4. *Council Work Session of April 28, 2009.......................................................... 40 ITEM G: 1. Ratification of Bills......................................................................................... 41 2. Approval of Purchase Orders Exceeding$15,000.............................................. 42 3. *Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: I) Change the Uses of Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks from Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair from Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and; 5) Require Tattoo Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning District(TSH)........................................................ 43 4. *Ordinance No. 2404-2009 -- Authorizing a Budget Transfer of $11,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by $11,000 to Provide for Funding to the Kenai Convention and Visitors Bureau to Compensate It for Lost Revenue Due to the Four -Month Closure of the Kenai Visitors and Cultural Center (the "Center") for Repairs to the In -Floor Heating System......................................................... 55 5. *Ordinance No. 2405-2009 -- Increasing Estimated Revenues and Appropriations by $8,590.27 in the General Fund for Reimbursement Received on the Kenai Historic Cabin Move Project ...................................................... 57 6. *Ordinance No. 2406-2009 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts ......................... 58 7. *Ordinance No. 2407-2009 -- Increasing Estimated Revenues and Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts.. 60 8. *Ordinance No. 2408-2009 -- Increasing Estimated Revenues and Appropriations in the Water & Sewer Fund for Costs in Excess of Budgeted Amounts...................................................................................................... 61 9. *Ordinance No. 2409-2009 -- Increasing Estimated Revenues and Appropriations by $1,092.40 in the General Fund for Datamaster Training Reimbursements from the Alaska Highway Safety Office (AHSO)..................... 62 10. *Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010.................................... 63 11. *Ordinance No. 2411-2009 -- Increasing Estimated Revenues and Appropriations by $175,000 in the Water and Sewer Fund and Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water and Sewer Extension Capital Project Fund .......................................... 65 12. Approval -- Lease of Airport Lands Outside the Kenai Municipal Airport Reserve/Alaska State Court System -- Lot 13, Block 1, Cook Inlet Industrial Air Park............................................................................................................ 66 13. Discussion -- Schedule Executive Sessions for Annual Evaluations of the City Clerk, City Attorney and City Manager........................................................... 96 14. Discussion --Schedule Board of Appeals Hearing/Kenai Landing .................. 99 '( ITEM I: 1. Council on Aging............................................................................................ 101 2. Airport Commission........................................................................................ 3. Harbor Commission....................................................................................... 4. Library Commission....................................................................................... 5. Parks & Recreation Commission.................................................................... . 6. Planning & Zoning Commission...................................................................... 105 7. Miscellaneous Commissions and Committees a. Beautification Committee........................................................................... 115 b. Alaska Municipal League Report................................................................. c. Mini -Grant Steering Committee.................................................................. 117 d. Advisory Cemetery Committee.................................................................... 119 e. Kenai Convention & Visitors Bureau........................................................... f. Salmon Task Force..................................................................................... ITEM J: REPORT OF THE MAYOR ........................................................ 123 1. City Manager................................................................................................. 2. City Attorney.................................................................................................. 3. City Clerk...................................................................................................... ITEM L: 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, Chumiey Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FY10 budget process.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - 125 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.) Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." (Clerk's Note: Ordinance No. 2396-2009 was postponed as amended with Substitute Attachment B, to the May 20, 2009 council meeting. The motion to enact is active.) EXECUTIVE SESSION -- Financial Affairs of the City. ITEM N: ADJOURNMENT INFORMATION ITEMS MAY 6, 2009 Page No. 1. 5/6/2009 Purchase Orders Between $2,500 and $15,000 for council review............................................................................................................ 134 2. 4/20/09, Peninsula Clarion article entitled, "Urban Development, Growth is a Two -Way Street" by Maya Johnson.................................................................. 135 3. 5/2009 Public Works Department, Project Status Report ................................... 136 4. 4/30/09 T. Eubank, Finance Director memorandum entitled, Quarter Ending March 31, 2009 Investment Report ................................................................... 137 5. 4/30/09 T. Eubank, Financial Director memorandum entitled, Quarterly FinancialReport............................................................................................. 151 6. 4/29/09 B. Molloy memoranda: -- Public Records Request Form/Ordinance No. 2396-2009 New Fees/Ordinance No. 2396-2009 -- Deliberative Process Records/Ordinance No. 2396-2009...................... 155 7. 3/09 Alaska Miners Association, Inc., "Economic Impacts of Alaska Mining Industry on the State of Alaska," January 2009................................................ 172 8. 5/5/09 Kenai Peninsula Borough Assembly Meeting Agenda ........................... 177 REQUESTED ADDITIONS/CHANGES TO THE PACKET SUBSTITUTE: H-2, Revised List/Purchase Orders Exceeding $15,000 -- Removal of purchase order to ECl/HYER ADMINISTRATION CONSENT AGENDA No changes. Kenai Nordic Ski Club P.O. Box 1821 Kenai, AK 99611 City of Kenai City CounciiI 210 Fidalgo Avenue Kenai, AK 99611 April 30, 2009 To Rick Koch/Kenai City Council: The Kenai Nordic Ski Club requests the privilege of continuing the beach cleaning job during the 2009 dip -netting season. Our club enjoyed the 2008 season, coming together as a group, and serving the community. We wish to continue this activity for another year. Without your support we would not be able to build our ski/wax building. The cost for this building will be in excess of $30,000. The booster club is working hard to "break ground" this spring. In addition to other fundraisers our team participates in, the beach cleanup has become a major component in reaching our goal of making a "home" for the Kenai Central High School's Nordic Team. Thank you for your continued support. Sincerely, D'Anna Gibson Head Coach KCHS Nordic Team�o� �G -1- r �:qb 0 �;��o�r�nrn�� Suggested by: Administration CITY OF KENAI a 711,1A • rt- 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 Iease will be approximately 6.08%; and, WHEREAS, a return of 6.08% far 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 1T 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 $65,750 Increase Appropriations: Transfer to Capital Project Fund $65,750 Courthouse Parking Proiect FundProiect Fund Increase Estimated Revenues: Transfer from Airport Special Revenue Fund $65,750 New Text Underlined; [DELETED TEXT BRACKETED) _2_ Ordinance No. 2397-2009 Page 2 of 2 Courthouse Parkin; 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: 7 Ck-�- PAT PORTER, MAYOR Introduced: April 15, 2009 Adopted: May 6, 2009 Effective: May 6, 2009 New Text Underlined; [DELETED TEXT BRACI=1 ED] -3- \` the cz'yof 1, KENASKA To: Rick Koch, City Manager "Villaye WGtI'1 a Past C � mM a Future rr FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 7 f 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 I{enai 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- 2015, 2016-2020, and 2021-2025. Utilizing these assumptions the armual 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, I believe investment in the project is in the best interest of the Airport Fund. 13 Me ciN a/ CITY OF KENAI Suggested by: Administration 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 BRACI{ETED -5- 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 New Text Underlined; (DELETED TEXT BRACKETED) rel \\ 4AectvW CITY OF KENAI 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 BRACI{ETED] -7- SUBSTITUTE b ' Suggested by: Administration e «ttyof CITY OF KENAI KEI9W�LASKA ORDINANCE NO. 2399-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000 IN THE GENERAL FUND FOR LIBRARY TRAVEL AND TRANSPORTATION. WHEREAS, the City of Kenai has received $1,000 Continuing Education Grant from the Alaska State Library; and, WHEREAS, these funds paid for one additional staff member to train 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 $1,000 Increase Appropriations: Library - Travel 8U Transportation $1,000 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 iLL Approved by Finance: Introduced: April 15, 2009 Adopted: May 6, 2009 Effective: May 6, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -8- ' Suggested by: Administration <<A t C ci KENAI.ALAASKA CITY OF KENAI U 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 �p Approved by Finance: a• / 2 Introduced: April 15, 2009 Adopted: May 6, 2009 Effective: May 6, 2009 in N 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 (ICAO). WHEREAS, the Kenai Police Department is an active member in good standing with the Federal Internet Crimes Against Children (ICAO) 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: 7- Introduced: April 15th, 2009 Adopted: May 61h, 2009 Effective: May 6th, 2009 New Text Underlined; [DELETED TEXT BRACKETEDI Im Suggested by: Administration CITY OF KEENAI AN ORDINANCE OF THE COUNCIL OF THE CPfY 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 Proiect Fund Increase Estimated Revenues: Transfer From General Fund $5,000 Increase Appropriations: Construction $5,000 ivew i ext unaeruned; (DELETED TEXT BRACKETED] -11- Ordinance No, 2402-2009 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: "7 j --1> PAT PORTER, MAYOR Introduced: Adopted: Effective: New Text Underlined; (DELETED TEXT BRACKETED] April 15, 2009 May 6, 2009 May 6, 2009 sm 210Tidalgo Avenue, Kenai, Alaska 99611-7794 $ , Telephone: 907-283-3692 / FAX: 907-283-3693 tliesiY01 RENA SU V MEMORANDUM To: Rick Koch, City Manager �y/Jf��J Thru: Wayne Ogle, Public Works Director N�'/'f From: Robert J. Frates, Parks & Recreation Direeto 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 wio concrete Hoar Total w/ concrete floor B12a 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: 3. 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. Base of care and cleaning. 4. Provides easy access and maneuvering of equipment. 5. Durability — will stand up to weather conditions. -13- Suggested by: Administration CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO PENINSULA CONSTRUCTION, INC. FOR THE PROJECT ENTITLED KENAI COURTHOUSE PARKING EXPANSION - 2009 FOR THE TOTAL AMOUNT OF $220,327.50. WHEREAS, the following bids were received on March 24, 2009; Bidder Basic Bid Peninsula Construction, Inc. $220,327.50 Alaska Roadbuilders, Inc. $231,356.00 (Non -responsive) Foster Construction, Inc. $244,336.00 North Star Paving & Construction, Inc. $244,719.30 G & H Construction $249,693.32 Wolverine Supply, Inc. $326,648.00 Engineer's Estimate 1$160,868.50 M1 WHEREAS, Peninsula Construction, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Peninsula Construction, Inc. for the total cost of $220,327.50; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Kenai Courthouse Parking Expansion - 2009 be awarded to Peninsula Construction, Inc. for the total amount of $220,327.50. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: ✓ A. - PAT PORTER, MAYOR 3C C.C32.P�•+ v.n C4r9Gx'1 wt'$'i=.c c•(: 2397-ut.)q t. New Text Underlined; (DELETED TEXT BRA.cKETEbJ so WINCE — CORTHELL — BRYSON Consulting Engineers Box 104I Kenai, Alaska 99611 Phone907-283-4672 Fax 907-283-4676 E-Mail cmudden(ra-wcixatawka.cnm City of Kenai March 25, 2009 210 Fidalgo Avenue Kenai, Alaska 99611 Attention: Wayne Ogle, Director of public Works Subject: Kenai Court House Parking Expansion Recommendation for Award On March 24, 2009 at 2:00 PM bids were received for the construction of the subject project. Six bidders submitted bids and are listed as follows: I. Peninsula Construction Inc. $220,327.50 1 Alaska Road Builders Inc, $231,356.00 Not responsive, no Bid Bond 3. Foster Construction Inc, $244,336,00 4. North Star Paving $244,719.30 5. G& H Construction $249,696.32 Corrected to $249,693.32 6. Wolverine Supply Inc. $326,648.00 7. Engineers Estimate $160,868.50 While the first five hidders are grouped fairly closely a review of their bid items show many of their unit bid prices are well above average unit costs we have received on recent projects. This may be due to several reasons including the smaller projects requiring a higher overhead markup, the bidding climate escalating prices on these smaller projects with many larger projects coming our in the next few months, and/or the larger contractors expecting bids from more of the smaller area contractor which did not occur. The Engineers Estimate contained a entry error on the Seeding Item i,e. $60.00 per thousand when it was intended to be $600,00 per thousand and did not carry Mobilization and Demobilization mark up on items which usually runs S to 10% of construction Costs. These corrections would have increased the Engineers Estimate to $183,457.00 still 17% below the low bidder. As the bidders, hough high, are grouped competitively and a review of the Bid Documents and unit costs do not indicate any issues that would increase construction costs 1 would recommend award of the project to Peninsula Construction Inc. in the amount of S 220,327,50. Sincerely Casey Madden, P,E, — Project Engineer Philip WV Bryson PE Mark Banning PE Alan N. Corthoa PE Frank W. wince PE (ReL) E. Casep Madden PE -15- Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2009-I6 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $10,000 WITHIN THE WATER AND SEWER SPECIAL REVENUE FUND FROM CONTINGENCY TO OPERATING AND REPAIR SUPPLIES. WHEREAS, chemical prices have increased substantially; and, WHEREAS, the Sewer Treatment Plant Operating Supplies budget is not sufficient to cover the estimated cost through the end of FY 2009; and, WHEREAS, funds are available in the department's contingency account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: Water and Sewer Fund - Sewer Treatment Plant Contingency $10 000 To: Water and Sewer Fund - Sewer Treatment Plant Operating and Repair Supplies $10,000 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:_? Ems: - New Teat Underlined; [DELETED TEXT BRACKETED] -16- J Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2009-17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE CITY SHOP DEPARTMENT TO COVER COSTS IN EXCESS OF BUDGETED AMOUNTS FOR OPERATING AND REPAIR SUPPLIES. WHEREAS, the City Shop has expended the majority of its Operating and Repair Supply account on several large repairs that were not projected at the time of the budget; and, WHEREAS, the department needs additional funds for the remainder of the operating year; and, WHEREAS, due to the low amount of contracted repairs there are funds available in the Repair and Maintenance account that can be transferred. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: General Fund - Shop Department Repair and Maintenance $10,000 To: General Fund - Shop Department OOperating and Repair Supplies $10,000 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: f-JCII� New Text Underhned; (DELETED TEXT BRACKETED) -17- Suggested by: Administration ENitili#Zi7 RESOLUTION NO. 2009-18 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND, POLICE DEPARTMENT TO COVER COSTS FOR EQUIPPING A NEW POLICE CRUISER. WHEREAS, the Kenai Police Department needs to equip a new police cruiser with a new video camera system and a new radar unit; and, WHEREAS, the Kenai Police Department has expended the majority of its Small Tools account, partly due to the purchase of a mobile radio from the Small Tools account; and, WHEREAS, the mobile radio purchased out of the Small Tools account was originally budgeted into the Police Machinery and Equipment account, and as a result the Police Machinery and Equipment account is showing a surplus balance; and, WHEREAS, the Police Department is requesting to transfer $6,275 from the Police Machinery and Equipment account to the Police Small Tools account in order to cover the costs for equipping the police cruiser with a video camera and a radar unit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: General Fund - Police Department Machinery and Equipment $6,275 To: General Fund - Police Department Small Tools $6,275 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 �a Approved by New Text Underlined; [DELETED TEXT BRACKETED] sm Kenai Police Department Ji Ma 'I I Lei =� V�To: Rick Koch, City Manager Fm: Gus Sandahl, Police Chief Date: 4/30/2009 Re: Account Transfer A new police cruiser (Crown Vic) is currently at the city shop for installation of accessories. The cruiser needs a new video camera system and a new radar unit. The video camera is listed as a $4,000 line item in the Police Small Tools account for FY09, but the full $4,025 needed to purchase the video camera is no longer in that account because a Motorola mobile radio was purchased out of the Small Tools account for $4,265 in November. The mobile radio was a budgeted line item under the Police Machinery and. Equipment account. The Police Machinery and Equipment Account currently has an unexpended balance of $14,107 ($6,000 of which is a line -item for evidence lockers). Aside from the evidence lockers, the entire Machinery and Equipment account was budgeted to purchase and equip police vehicles. I am requesting to transfer $4,265 (spent on the mobile radio in Nov. 08) and an additional $2,010 (for a new radar unit) from the Police Machinery and Equipment Account to the Police Small Tools. This total transfer of $6,275 will allow the Police Department to equip the new police cruiser with a video carnera and a radar unit. Police Machinery and Equipment — Unexpended Balance $14,107 Transfer for cost of mobile radio (purchased in Nov. 08) -$4,265 Transfer for purchase of radar unit - $1010 Remaining Unexpended Balance After Transfer $7,832 • Page 4 sm KENAI CITY COUNCIL - REGULAR MEETING APRIL 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci kenai ak us too 1 • * - a 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. Mkt ITEM C: ITEM D: ITEM E: 1. 2. ITEM F: I. SCHEDULED PUBLIC COMMENTS (10 minutes) Duane Bannock, Director, KPB Spruce Bark Beetle Program -- Program Update. Margaret Coleman, Executive Director, Haven House -- Child Advocacy Center/Homer/Program Update. Olivia Pfeifer, KCHS Student -- Caring for the Kenai Presentation, "Better Bird Control." UNSCHEDULED PUBLIC COMMENTS (3 minutes) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 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." Discussion (no Council action required but public testimony wiII be taken) -- Justice Assistance Grant Program Participation. *Regular Meeting of April 1, 2009. KIM ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS I. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 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. 240I-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 -- MIX 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 ITEM I: COMMISSION/COMMITTEE REPORTS I. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission -21- Parks 8a Recreation Commission Planning & Zoning Commission 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 r ! - 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC. Ordinance No. 2365-2008 -- Amending MNIC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's _Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI budget process.) 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. tCeerk's Note: Ordinance No. 2349-2008, 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 -22- Project. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, at the April I, 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.) EXNECUTIVE SESSION -- None Scheduled ITEMM N: ADJOURNMENT -23- KENAI CITY COUNCIL - REGULAR MEETING APRIL 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htto: / /www,ci.kenai ak us ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the PIedge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Council Members Absent: Joe Moore, Rick Ross A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL The following changes were requested: SUBSTITUTE: Attachment B of Ordinance No. 2396-2009 -- Suggested changes to Paragraph 1.03, Production Fee (memo of explanation attached) ADD TO: E-1, Ordinance No. 2396-2009 -- Comments of B. Espy Recording charge information MOTION: Council Member Smalley MOVED for approval of the agenda with the addition of the lay down information and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: -24- KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 2 There were no objections. SO ORDERED. A-4. CONSENT AGENDA Council Member Smalley MOVED to approve the consent agenda as submitted and requested UNANIMOUS CONSENT, Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Duane Bannock, Director, KPB Spruce Bark Beetle Program -- Program Update. Bannock reviewed information included in the packet, updating Council on the Borough's Spruce Bark Beetle Program and efforts to be made within the City of Kenai, with work being completed by the end of July. B-2. Margaret Coleman, Executive Director, Haven House -- Child Advocacy Center/Homer/Program Update. Coleman reviewed information included in the packet and updated the Council on the Child Advocacy Center program, statistics, and the different entities with whom they work, including the Kenai Police Department, LeeShore Center, etc. B-3. Olivia Pfeifer, KCHS Student -- Caring for the Kenai Presentation, "Better Bird Control." Pfeifer gave her Caring for the Kenai presentation with regard to using trained dogs to assist in averting birds from establishing nests, collecting, feeding, etc. on airport properties in an effort to relieve safety concerns caused from bird and aircraft collisions. Pfeffer requested consideration be given of the city to incorporate her program into summer maintenance of the airport as a pilot project and offered some cost information as well. It was suggested Pfeifer give her presentation at the May Airport Commission meeting. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) -25- KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 3 Mayor Dave Carey, Kenai Peninsula Borough -- Read a letter received from Joshua Dover, stationed in Iraq, and promoted his 'Red, White & Blue" program. Mark Sehrag, 312 Princess, Kenai -- Reviewed information he located related to the definition of "conservation lands" around the airport dated between 1964 and 1984. Schrag was requested to leave a copy of the document with the Clerk. REPORTSITEM D: O. Assembly Member Smalley reported the next Assembly meeting was scheduled for April 21, 2009. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-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." MOTION: Council Member Molloy MOVED to enact Ordinance No. 2396-2009 and Council Member Eldridge SECONDED the motion. A brief discussion followed with comments including: a A work session be held to discuss further the following issues with the proposed ordinance: - Page 6, Paragraph 10.40.010, reference to "free access." - Page 9, Paragraph 10.40.055, related to litigation disclosure rules. Reference to production fees. Page 10, 10,40.060 -- several different standards. Page 11, Regulation 1.01, charge of sales tax. Page 11, Regulation 1.03, charging for time spent in determining whether a request is subject to privilege. -- Consideration for giving a waiver of fees if in the "best interest of the city." Consideration to include a paragraph to give the public right to remedy/an appeal to council. -- Page 14, Regulation 2,09, Deliberative Process Records -- concern the paragraph very broad. Page 16, Appeal to Superior Court -- belief it should say "final decision of council." -- Request form -- concern if "certificate of non -litigation affiliation" should be included. -- Would like electronic filing allowed. "0 KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 4 -- The person researching, collecting, copying, should keep a log of time involved in case there is a challenge. Council Member Molloy MOVED to postpone Ordinance No. 2396-2009 to the May 20, 2009 council meeting and Council Member Boyle SECONDED the motion. Council Member Smalley MOVED to amend Ordinance No. 2396-2009 with the substitute Attachment B (provided at the beginning of the meeting). Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: 'Student Representative Johnson: Yes Boyle Yes j Porter Yes SmalIe Yes Moore Absent El1 drid e Yes Ross Absent Molloy Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson: Yes Boyle Yes Porter Yes Smalley Yes Moore Absent Eldridge _ _ _ Yes Ross Absent Mollo Yes MOTION PASSED UNANIMOUSLY. E-2. Discussion (no Council action required but public testimony will be taken) -- Justice Assistance Grant Program Participation. It was explained, a requirement of the grant was to hold a public hearing in order to take public comment. The floor was opened for public hearing. -27- KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 5 Chief Gus Sandahl, Chief, Kenai Police Department -- Chief Sandahl explained, the public hearing and review of the grant application by a governmental body was required to be held 30 days prior to submission of the grant. Sandahl reviewed the grant application, noting the grant was being submitted by the City of Kenai, City of Soldotna, and City of Homer. If approved, Kenai would receive $30,738 with those funds to be used for an upgrade of dispatch desks, wiring consolidation, and server racks. With no one else wishing to be heard, the public hearing was closed. BREAK TAKEN: 8:10 P.M. BACK TO ORDER: 8:18 P.M. ITEM F: MINUTES F-I. Regular Meeting of April 1, 2009 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections, SO ORDERED. H-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. Introduced by approval of consent agenda 2 KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 6 H-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. Introduced by approval of consent agenda. H-5. Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,221,96 in the General Fund for Library Travel and Transportation. Introduced by approval of consent agenda. H-6. Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures. Introduced by approval of consent agenda H-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). Introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. H-9. Approval -- Assignment of and Amendment to Lease -- ZYX Holdings Incorporated and FranklinG. Wortham and Charles B. Versaw, Individually to Arctic Barnabas Ministries, Inc./Lot 5, Block 5, Amended Plat of General Aviation Apron No. 1. MOTION: Council Member Eldridge MOVED for approval of the 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. Council Member Molloy SECONDED the motion. IP�11 KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE i It was explained, the assignment was standard. Concerns submitted by Council Member Moore related to whether Arctic Barnabas had developed their current leased property within the development schedule allowed by the lease for that property; and suggestion the issue be postponed. Jonathan Peters, Arctic Barnabas -- Peters reported the closing for the sale of the property was scheduled for April 24; the reason for changing properties was that the scope of the project for the current property was too large (they expected to use grant funds and donations to develop the current property, and those funds were no longer available); they hoped to reassign their current lease in the near future; and, it would be a hardship if the assignment was postponed. Council discussion followed during which the following items were noted: • Arctic Barnabas had added improvements to the lot, i.e. cleared; added gravel, stubbed in electric and sewer utilities, etc. • Arctic Barnabas was not current with landing fees, Council Member Smalley MOVED to amend the motion to require approval upon the condition of payment of the landing fees. Council Member Eldridge SECONDED the motion. *Student Representative Johnson: Yes Bovle Yes Porter Yes I Smalley Yes Moore I Absent I Eldridge , Yes Ross I Absent Mollo Yes j MOTION PASSED UNANIMOUSLY. Discussion continued with comments including: • Concern Arctic Barnabas wanted to begin a new project when they had not complied with the previous plan. • The reassignment of the lease was different than a new lease. • Building the hangar on the current property was not a condition of the assignment. ® Arctic Barnabas was current with lease payments. -30- KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 8 Council Member Boyle MOVED to postpone the issue to the second meeting in May when all members of the council would be present. Council Member Molloy SECONDED the motion. Discussion on the motion included: • Two members of council were not present and concern expressed in moving forward with the assignment. filled. • If the assignment was approved, an empty existing building would be • The current leased property could be sold. or could be returned to the City ready for construction. • The consideration of the assignment was a time -sensitive issue. Council Member Boyle stated his wish to withdraw his motion and Council Member Molloy (the second) had no objections. Student Representative Johnson: Yes Boyle No Porter Yes Smaile Yes Moore Absent Eldridge Yes Ross I Absent Molloy Yes � a • a H-I®. Discussion -- Schedule Work Session/Fuel Flowage Fee Council scheduled a work session for May 20, 2009 at 5:30 p.m. and requested the Airport Commission and users of the airport be notified of the work session. ITEM I: COMMISSIONlCOMMITTEE REPORTS I -I. Council on Aging -- Director Craig gave a brief report of discussions held during the April 9, 2009 meeting. I-2. Airport Commission -- Council Member Eldridge reviewed the April 9, 2009 meeting summary which was included in the packet. I-3. Harbor Commission -- Council Member Smalley reviewed the April 6, 2009 meeting summary which was included in the packet. -31- KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 9 I-4. Library Commission -- Council Member Boyle reviewed the April'7, 2009 meeting summary which was included in the packet, I-5. Parks & Recreation Commission -- Director Frates reviewed the April 2, 2009 meeting summary which was included in the packet. I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the April 8, 2009 meeting minutes which were included in the packet. I-7. Miscellaneous Commissions and Committees I.7a. Beautification Committee -- Mayor Porter reported on the April 14, 2009 special meeting. I-7b. Alaska Municipal League Report -- Council Member Smalley reported he would be attending a meeting in Anchorage on April 25. I-7c. Mini -Grant Steering Committee -- Mayor Porter reported on the special meeting held earlier in the day. I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported the next meeting would be held April 16, 2009 and Mayor Porter would attend for him. I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley reported the next meeting would be held on April 27, 2009 and reminded all of the art show opening scheduled for April 24, 2009. I-7E Salmon Task Force -- No report. ITEM 3: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • She attended a community meeting related to the Drive River oil storage facility. • She attended the high tea fundraiser for the library expansion hosted by the Friends of the Library. • She reported she would attend the presentation of the Presidential Award to Lincoln Wensley in Washington, DC in May. Since she would be on vacation, she requested the city pay for a portion of her travel costs. There were no objections from council. • She suggested council schedule executive sessions to evaluate the City Attorney, City Manager, and City Clerk. • She received a letter from Tesoro Alaska informing her of their planned turnaround and the influx of workers into the area for the project. ITEM K: ADMINISTRATION REPORTS -32- KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 10 K-1. City Manager -- City Manager Koch reported the following: • The termination of the University lease had been mutually agreed on and was recorded. • He met with the Director, Division of Parks and discussed the Kenai River Special Management Area (KRSMA) boundaries; disagreement of the location of the boundaries within the city continued; and requested the May 20 work session include a discussion related to the KRSMA boundary (direction from council). Council had no objections to adding the discussion to the May 20, 2009 work session and requested members of the Harbor Commission be invited to attend. • He testified at the Legislative Information Office related to restoring the $5 million for the bluff erosion (it had been removed by the Senate). • He planned to attend the luncheon with Senator Begich and ask him about funding for the bluff erosion project. • Announced he received an award of grant letter for water and sewer projects (90% for $2 million for water, $2 million for sewer for extending water/sewer down Bridge Access Road). • He and Mayor Porter met with members of the Kenai Rotary who expressed great interest in being a party in developing the park along Marathon Road. • He updated the council on Dena'ina Estates (Section 36) properties. K-2. Attorney -- Requested a work session be scheduled to continue discussion on the city attorney search, noting the background reviews would be completed by April 24. Council scheduled a work session for Tuesday, April 28, 2009 at 7:00 p.m. K-3. City Clerk -- No report. ITEM L: DISCUSSION L-1. Citizens (five minutes) -- None. L-2. Council -- Boyle -- No comments. MoIIoy -- Reported he learned during the break, charging sales tax was a requirement of the Borough's code. Johnson -- Reported the junior/ senior prom would take place at the school over the weekend. -33- KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 11 Eldridge -- Reported he would be leaving town April 16, but would be back for the May 6 council meeting. Smalley -- Thanked the audience for attending the meeting. ITEM : PENDING LEGISLATION (Phis 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 (RRl) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FY10 budget process.) 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 daus, 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 -34- KENAI CITY COUNCIL MEETING APRIL 15, 2009 PAGE 12 There being no further business before the Council, the meeting adjourned at approximately 9:18 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. -35- KENAI CITY COUNCIL WORK SESSION MARCH 30, 2009 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING Council Members Present: P. Porter, J. Moore, R. Molloy, M. Boyle, H. Smalley, R. Ross, and B. Eldridge Student Representative: M. Johnson Staff Present: C. Freas, C. Graves, M. Tilly, M. Bondurant, G. Sandahi, B. Frates, T. Eubank, R. Craig, M. Joiner, R. Koch, W. Ogle City Manger Koch reviewed information included in his memorandum distributed noting items included in the proposed general fund budget that could be considered for removal/reduction and items requested, but not included; Boys & Girls Club request for a $45,000 donation; Stimulus money available for energy efficiency grants; Municipal Revenue Sharing. General Overview of All Funds -- General Overview: Finance Director Eubank provided an overview of the draft budget, providing handouts, indicating changes from the FY 2009 budget, etc. and reviewed the transmittal letter included in the budget document. BREAK TAKEN: 7:20 P.M. BACK TO ORDER: 7:38 P.M. Budget Review: Council reviewed items from the memorandum, i.e. items included and those removed by administration. Comments included: Fire, Ambulance Billing Services -- Leave in. Recreation, Soccer Goals -- It was expected costs would be covered from donations. Buildings, Recreation Center Locker Rooms remodel and lighting improvements -- Noted they were in bad shape. Cathodic Protection System -- Funds were included in the budget for a review of the pilings. 1902 KENAI COUNCIL BUDGET WORK SESSION MARCH 30, 2009 PAGE 2 Warming Shack at Marathon Pond -- Funds were included for a Master Plan, however interest has been expressed by service organizations to donate to the project. Kenai Chamber of Commerce/Fireworks -- Consensus was to put the $3,500 in the budget. CARTS -- Consensus was to put the $5,000 requested in the budget. Clerk/Computer Upgrade -- Include the $2,000, Visitors Center brochure -- Consensus was to include $10,000 for eight pages of advertising. Library --Decrease in books, time management software -- Left out. Recreation Center Roof Repair -- Left out. Senior Housing -- Request made for estimated cost of sprinkler system. Buildings/Replacement of Metal Halide Lights -- To be revisited. Beautification/Decrease Winter Pole Decorations -- No change. Dock/Boat Launch Fee -- Revisit. COLA -- Administration suggested 4.5% -- Consensus was to leave at 4.5%. Work session ended at approximately 8:28 p.m. Notes prepared by: Carol L. Freas, City Clerk -37- ♦•li • •, P.M. COUNCILKENAI CITY MAYOR PAT PORTER,• Council Present: R. Ross, P. Porter, B. Eldridge, J. Moore, M. Boyle Council Absent: R. Molloy Staff Present: C. Freas, C. Graves, M. Bondurant, G. Sandahl, R. Craig, W. Ogle, B. Frates, M. Wichman, R. Parrish, M. Tilly, T. Eubank Finance Director Eubank provided a handout indicating changes to the budget council. suggested at its March 30, 2009 budget work session and council comments included: Administration recommended -- Increase to General Fund - Buildings: $10,000 -- miscellaneous engineering services/building repair and maintenance issues. Council directed -- Increase General Fund/ Legislative: $5,000 donation to CARTS -- Item will be discussed further after public hearing of the ordinance. Council directed -- Increase General Fund/Legislative: $10,000 request received from Kenai Visitor & Convention Bureau for potential purchase of four pages in the visitor brochure,/council directed $5;000 be added. Other items briefly discussed: o Replacement of shop building -- Consider and collect information over the next year related to accumulating funds/ Charter amendment. ® Launch fees -- No increase at this time. • Boys & Girls Club -- Request for $45,000 to provide status quo programs and not add any new programs/presentation to be made at a council meeting. • Senior Center -- Request for sprinkler system -- will cornerback next year for further discussion. Fred Pollard -- Suggested a small boat harbor be considered for development, Copies of past reports and plans to be provided to the Harbor Commission for review and make a recommendation. Pollard to speak to the Commission at its next meeting. Update of cvebpage maintenance -- Discuss at a council meeting. Building maintenance project schedule -- Fire Department carpet intended to be replaced in 2009. KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 2, 2009 PAGE 2 a Recreation Center -- Gym floor needing to be replaced/administration to work with Boys & Girls Club to prioritize a list of items needing to be done and get a couple of professional assessments of the floor. a Credit card use -- Administration will put together an analysis of costs (within the next month or so), what would be needed to take credit cards for water/sewer, etc. payments. a Police Department -- Kitchen needing to be upgraded. a Mill rate -- remain at 4%. a Boys & Girls Club -- Administration to request their 990 form and a copy of their budget. a Include $45,000 for Boys & Girls Club; $5,000 for CARTS; and, $10,000 for studies/assessments of the gym floor (amendment may be made to budget after public hearing). a Leif Hansen Park -- Master Plan/vendor proposal should be discussed at a council meeting. a Lawton Drive Repair -- Consideration should be given to tying repair into culvert project on Lawton. The work session ended at approximately 7:47 p.m. Notes prepared by: Carol L. Freas, City Clerk -39- KENAI CITY COUNCIL WORM. SESSION APRIL 28, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING Council Present: R. Ross, P. Porter, H. Smalley, r. Molloy, J. Moore, and M. Boyle Council Absent: B. Eldridge Staff Present: City Clerk C. Freas, City Attorney C. Graves Mayor Porter called the work session to order at approximately 7:03 p.m. MOTION: Council Member Ross MOVED to adjourn into executive session and Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. City Attorney Graves and City Clerk Freas were requested to attend the executive session. Clerk Freas was directed to not record or take notes during the executive session. EXECUTIVE SESSION BEGAN: 7:04 P.M. BACK TO ORDER: 7:30 P.M. Council Member Ross reported the Council directed the City Attorney to make further inquiries of possible applicants; retain applicants Poorman and Jorstad; and notify others of the Council's direction. Council Member Molloy MOVED to adjourn and Council Member Boyle SECONDED the motion. There were no objections. The work session ended at approximately 7:31 p.m. Notes prepared by: Carol L. Freas, City Clerk .N I PAYMENTS OVER $16,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: MAY 6, 2009 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 60,953.07 ENSTAR GAS USAGE VARIOUS UTILITIES 35,759.55 HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 106,952.84 ICMA401 PLAN APRIL401 PLAN VARIOUS LIABILITY 15,841.41 ICMA 467 PLAN APRIL 457 PLAN VARIOUS LIABILITY 25,244.5$ PER$ APRIL PERS VARIOUS LIABILITY 146,356.71 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect Int PURCHASE ORDERS OVER $16,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MAY S, 2005 VENDOR DESCRIPTION _ DEPT. ACCOUNT AMOUNT p_lwT;7 CALCIUM CHLORIDE FOR DUST CONTROL STREETS REPAIR & MAINT. 23,631.00 -P INCREASE OF EXISTING PURCHASE ORDER N VENDOR DESCRIPTION P.O,# - DEPT. REASON AMOUNT TOTAL POAMT BLAZY CONSTRUCTION BLAZY CONSTRUCTION ECIIHYER UNIVAR SPORTS COMPLEX STORAGE SHED 89998 - KENAI SOCCER PARK VISITOR CTR HEATING SYSTEM REPLACEMENT LIBRARY EXPANSION DESIGN FY CHEMICALS 89293 - VIS CTR HEATING SYSTEM REPLACEMENT 14-IT, CONSTRUCTION 3,473,00 22,904,00 KITCHEN UPGRADES 47,397.80 531,803,28 AMEND, NO. 2 402,000.00 491,320.00 TO COVER FY 5,000.00 30,000.00 REVISED LIST 515109 PURCHASE ORDERS OVER $16,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MAY 6, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT WOOLA G7 CALCIUM CHLORIDE FOR DUST CONTROL STREETS REPAIR & MAINT. 23,631.00 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT BLAZY CONSTRUCTION BLAZY CONSTRUCTION ll'NA 1 SPORTS COMPLEX STORAGE SHED 89998 - KENAI SOCCER PARK VISITOR CTR HEATING SYSTEM REPLACEMENT FY CHEMICALS 89293 - VIS CTR HEATING SYSTEM REPLACEMENT 89477 - WWTP CONSTRUCTION 3,473.00 22,904.00 KITCHEN UPGRADES 47,397.80 531,803.28 TO COVER FY 5,000.00 30,000.00 A1" �` , Suggested by: Planning &, Zoning Commission - k"tyof - CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO: 1) CHANGE THE USES OF PERSONAL SERVICES, RESTAURANTS, DORMITORIES/BOARDING HOUSES AND GREENHOUSES/TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LIMITED COMMERCIAL ZONE (LC); 3) CHANGE AUTOMOTIVE REPAIR FROM NOT PERMITTED (N) TO CONDITIONAL USE (C) IN THE LIMITED COMMERCIAL ZONE (LC); 4) ADD LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES; AND; 5) REQUIRE TATTOO PARLORS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH). WHEREAS, currently the Land Use Table in KMC 14.22.010 allows personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries in the Limited Commercial (LC) Zone as a Principal Permitted Use (P); and, WHEREAS, automotive repair should be reclassified from not allowed (N) to conditional use (C) in the Limited Commercial (LC) Zone; and, WHEREAS, requiring a conditional use permit for such uses in the LC Zone would allow for greater public input regarding those uses in the LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require a conditional use permit for such uses in the LC Zone; and, WHEREAS, mobile homes should be reclassified from conditional use (C) to not allowed (N) in the Limited Commercial (LC) Zone; and, WHEREAS, tattoo parlors are considered personal services and as such are a principal permitted use in the TSH; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors to get conditional use permits in the TSH Zone. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009, New Teat Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2403-2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 6th, 2009 Adopted: May 20, 2009 Effective: June 20, 2009 New Text Unde fined; (DELETED TEXT BRACKETED) Ordinance No. 2403-2009 Attachment "A" 14.22.010 Land use table. KEY: P = Principal Permitted Use C =Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE Pagel of 4 NOTE: Reference footnotes on following pages For additional restrictions ZONING DISTRICTS RESIDENTIAL �'� LAND USES C RR RRI RS RSI RS2 RU CC CG IL IN ED R TSFI LC CMU One Family Dwelling C'" P F P P P P I Ps' S' St Sr Cn P P A S'/C"i Tworfmce Family Dwelling C's P P P P P P Pn S` C C Cu P P P S'yc't Four Family Dwelling C'" P C P N N P p" S' C 1 C C" N P C S'/C" Five/Six Fa,nily Dwelling C1° C' N P N N P PT' S' C C N N P C S'/Czi,, Seven or More Pvnily Dwelling C1° 6' N C N N P P" S' C C N N P C S'/C" 'Townhouses' 0 C C C C C C C j C C C Cc' C C C C Mobile Home Parks` N C C C C C C C C C I C N C N [Cl N C ; Planned Unit Residential Development' C'" C C C C C C C C C C N C C j C C j COMMERCIAL LAND USES C RR RILI R6 RSI RS2 RU CC CG IL, 1H ED R TSB LC CMU Aummofive Sales N C C N N N C P P P j p N N N N P, Automotive Service Stations N C C N N N C- P P P P j N C N N P Banks N C C C N N C P P P C N C C C P Eusiness/Consumer Services N C C C ; N N C P P P C j N I C C C P Cmide Service N C C C N N C P p P P N' P P C P Hot'elsiNloleis IJ C C C N N C P P P C N C P C P Lodge N C C C N P P P C i N P P C P Professional Offices N C C C N P P P P N C P P P Restaurants N 7 C C C N tIC P P P C N C C [P, P Retail Business N" C C C N P P P p S'" S" C C P wholesale Busin©ss N C C C N I N C C P P P N C N Theaters/Gtmmercial Recreation N C C C N N C P P C C N F C C P -45- Ordinance No. 2403-2009 Attachment "A" LAND USE TABLE KEY: P = Principal Permitted Use C =Conditional Use S = Secondary Use N Not Permitted Page 2 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRI RS RSl RS2 RU CC CG IL IH ED R TSH LC CMU Airyorts and Related Uses P''0 C C C N N C P P P P N C N N C Aatomobve Repair N C C C N N( C I I' P P P N N N I (N] P Gas Manufacturer/Storage N N C C N N N N N Cs C N N N N N • Manufaanring/Fabricating/ Assembly N C7 C C N N C C P P P N I C C N C Mini -Storage Facility N C C C N N C C P P P N N N C C :Storage Yard N C C C N 1 N C C P P P N N N N C Warehouses N C C C N N C N P P P N C N N N PUBLIC INSTITUTIONAL LAND USES C RR RRI RS RSI RS2 RU CC Cr, IL In ED R TSH LCICMLr Charitable institutions C C C C C C P P P P P P C P C P= Churches* C Pm P10 P�0 Pw Pao P10 Pm Pm C C P Ill P P P Clinics C C C C C C C P P P C C C C P P Colleges° C C C C C C C P P C C P C C C P Elementary Schools° ( C C C C C C C P P C C P C C C P Governmental Buildings C C C C C C C P P P C P C C P P High Schools* C C C C C C C P P C C P C C C P Hospitals* C C C C C C C P P P C C C C C P ,Libraries* �. C C C C C C Ft P P P C P C P C P Museums C C C C C C C P P P C P C P C P Parks mid Recreation P C C C C C C P P P P P P P C A Assisted Living C C C C C C C C C C C C C C C C MISCELLANEOUS -USES [.AND C RR RRI I RS RS1 _� RS2 RU CC CG H, LH ED R i TSH LC GCMG Animal Boarding° C C C C C N N C C C C N C N C C But{ and Breakfasts C; C C C C� C C C C! C C A N C C C P Cabin Rentals C C C C j N N N P P P C N P P C P Cemeteries C C C C N N N N C! C C N C C N N CrematoriekFunerm Homes N C N C N N! C C C C C! N C C C C Day Care Centers" C C C C C C C P P P C C C C P P DormitcSies/Baazding Houses C C C C C C P P" S C P P'" C C] [P] C P $sseutial Services P PI P Y P P P P I P P P P P P P P Farming/Cicneral • APyrteulturekkA P P N N NI N N N N N P N P N I N N C;rcenhouses/Tree Nurscries" C C C C C C C P P C C Ordinance No. 2403-2009 Attachment "A" KEY: P— Principal Permitted Use C — Conditional Use S = Secondary Use N =Not Permitted 14.22.010 LAND USE TABLE Page 3 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS 1M,ISCELLANEOUS LAND USES C RR RRI. R6 RSI RS2 ! RU CC CG IL III ED R TSIf LC CMU Ounsmithing, Printing, N C C C C j C C P P P P N C P P P Taxidermy i Assemblies" (Large': C C C C C CC C I Pis j PM pis � p15 pis C p —� y pis [Circuses, Fairs, Etc.) Fraternal Organizations/ N C C C C C C P P P C N C P C P Private Clubs/Social Halls and Union Halls -CC j Homeonvalescent or N C C C, C 'P P C C C C C C P Rest Rest domes I 1 i � ' I � I Parking, O1't=SaeaC ' I' P P P P P S P P P P P P P P P P Parking, Public Lots" C C C C C C C C C C C, C C C� C j C Personal Services" C C C C C C C P P P) P C C P25 [P] P C RadioR'V Transmitters/Cell P P! C C C C C P P P P P C C C P Sites"* Recreational Vehfole Parks C C C C N N C C C C C N C C N C Subsurface Exuactmn of C C C C C C C C C C C N C N I N N Natural Resources10 Surface Fxt'raction of C C C C N N C N( C C C N C N N N Natural Resources" See 42 USCA Sec. 2000ce (Religious Land Use and lnst'iwtionala it Persons A t of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) See, however, the limitations imposed under KMC 3,10,070 1'oomotes: l.. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 1425 shall include any secondary uses in the landscaping and site plans. 12.. One (1) single-family residence per parcel, which is part of the main building. � 3. Allowed as a conditions] use, subject to satisfying the following conditions: 1 a The usable area Der dwelling unit shall be the same as that required for dwelling units in the RS zone; b_ The site square footage in area must be approved by the Commission; C. Yards around the site, off-street parking, and other development requirements shall be the same as for principaluses in the RR zone; d, Water and sewer facilities shall meet the requirements of all applicable health regulations; e. Theproposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood., and will not adversely affect surrounding property values: £ The buildings shad be used only for residential purposes and customary accessory uses, such as gazages, storage� spaces, and recreational and community activities; g. There shall be provided, as pan of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group w•,11 not be adversely affected. 4, See "Townhouses°'section. 5. See "Mobile Homes" section - MN Ordinance No. 2403-2009 Attachment "A" Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets thei minimum Federal Housing Authority requirements. '.7, See "Planned Unit Residential Developmenf'scetion, 8Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 1.0. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property lire and provided further that the proposed location and characteristics of the use will not adversely affect the eotrmercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks; buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to 'fulfil. this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 1.5. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off-street parking for the use shall be located to prevent tragic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19, Deleted by Ordinance 2144-2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that For properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21, Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSPI zones. 22. Allowed as a conditional use in conjunction with a permitteduse in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25, Art studios, barbers, beauticians, tattoo nartors, dressmakers, dry cleaners and self-service laundries, fitness centers,) photographic studios, tailors, tanning salons and massage therapists. In the TSB zone, tattoo parlors are allowed as a! conditional use. 26. Food services are allowed on atemporary or seasonal basis of not more than four (4) months per year. J CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09-20 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE LAND USE TABLE IN KMC 14,22,010 BE AMENDED TO: 1) CHANGE THE USES OF PERSONAL SERVICES, RESTAURANTS, DORMITORIES/BOARDING HOUSES AND GREENHOUSES/TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LIMITED COMMERCIAL ZONE (LC); 3) CHANGE AUTOMOTIVE REPAIR FROM NOT PERMITTED (N) TO CONDITIONAL USE (C) IN THE LIMITED COMMERCIAL ZONE (LC); 4) ADDING LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES; AND; 5) REQUIRING TATOO PARLORS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH). WHEREAS, currently the Land Use Table in KMC 14,22.010 allows personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries in the Limited Commercial (LC) Zone as a Principal Permitted Use (P); and, WHEREAS, automotive repair should be reclassified from not allowed (N) to conditional use (C) it the Limited Commercial (LC) Zone; and, WHEREAS, requiring a conditional use permit for such uses in the LC Zone would allow for greater public input regarding those uses in the LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require a conditional use permit for such uses in the LC Zone; and, WHEREAS, mobile homes should be reclassified from conditional use (C) to not allowed (N) in the Limited Commercial (LC) Zone; and, WHEREAS, tattoo parlors are considered personal services and as such are a principal permitted use in the TSH; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors to get conditional use permits in the TSH Zone. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances as shown in Exhibit "A." New texi underlined [DELETED TrXT BRACKETED AND ALL CAPS) E• PZ06-20 Page 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI. ALASKA, this 22nd day of April 2009. P C ATTEST!: HAIRMAN w -50- PZ09-20 Attachment "A" Page 1 of 4 14.22.010 Land use table. LAND USE TABLE KFY: P P Principal Pe,;mitted Use C Conditional Use S =^ Secondary Use N Not Pem,ined NOTE: Reference footnotes on following pages [or additional restrictions ZONING DISTRICTS RESIDENTIAL ---I. � --- LAND USES RR R$t RGtfl II39 ¢i8i Y2S2 RLl CQr' + CC P%, IIIi EYD R '➢'S9'a €,C; CriiFJ One Family Dwelling ell I P 1 P P P P p p21 q' Sa S" C'z P P P S'/Cz1 DTI Wo/1-Ivee Paa,dyC'* _ P _�F A P P P Pa' S' C C C32 P P P S'lG" Four Fain iiy Dwelling C'" P C' P N N P F`' S' C C ell N P C S'/C`' Flve/S ix Family Dwelling C'"� C, N P N -N P Pa' S C C N N P C S'7C21 Seven or More Family', �D`.vclling C' N C' N N P Pz' S' C- C N N P C S'IC11 ` I f i [ c c f c C c C C C C C=z C C CIc i'mobileHome Parks, N C C C C C C C C C C N C N [Cj Planned Unit Residential _ C'" C C C C C C C� C C N Development'' C N C C C COMMERCIAL LAND UStiS C RR RRI RS RSS RS2 RU CC CC IL YFY EYb R 'S'SfY LC CNYU Automotive Sales C N N N I� C P P P P N N N N P A.uto Fnm tive Service eStations-I N C C N N N C P P P P, N C N N P 16anks 13� C C C� N i N C P P P— C i N C j C C P u Business/Cmumel N C C C N N C P P I P C N C C C �P Services Guide Service N I C C j' C N N C P P P P N P P C 4I Ictas/Motels ILodgc N N I C C C C C CN "3 N I N C C — P P P P Y P C C n N C P P P C_ C ,P P� P Profess'ionaf Ofiwes N C j C C N N P P P p P N I C I p p Restaurants i N� C C C N N C P P P C N —C I--C (PI C P Retail Business NzG C_ i C C N 'N C P P P P Sa' SD° C C P Wl,oles,lc 3usiness N C C C I,_�,�,�, N I N C C P P P N I — S" C C N Tlreate,s/Corrrnercal N C C C N i N 1 C P P C C N P e c i p Recreation J` �— Wie PZ09-20 Attachment "A" Page 2 of 4 LAND USE TABLE KEY. P = Principal Permitted Use C =Conditional Use S = Sewndary Use N = Not Permitted NOTE: Reference footnotes on following page.; for additional restrictions ZONING DISTRICTS r INDUSTRIAL LAND USES C RR RR7 RS RS7. R52 RUi CC CG Yi, PIi ED R T31-P LC CIMIJ —C -I Airports and Related Uses -� P$0 C C� C N N C P P P P N C N N 1. Automotive Repair N C C C N N C �P 7? Y P N N N [N] P Gas ManufachvedSum age N N C C N N N N N C° C' N N N N N Manufacturing/Fabricating/ [Assembly N C C C N( 'N C C P P P N C C N C, �N Mini -Storage Facility N C—� CC-- C N C C P P j P N N N C C Storage Yard } N C f C C N[ N C C P% P P 'N N N N C I Warehouser N C C C N N C N P P P N C I N N N PUBLIC:/ � � — � � - INSTi ITUTIONAL ' j LAND USES C RR RRI RS RSI RS2 RU CC C% R, III ED R TSft j LC CMU Charitable Institutions C C C C[ C C P P P 1' P P C P C Y �Chu;cbes` �C C 1>m Pm pur� P[o 1j10 Pm P" _P" C C P P"" P p I > iCk Ics G C C C C j C P P P C C C C P P oltegcs* _ C C C C C C C P P C- C P C! i— C C P Blem�chocis° C C C C S C C C � P--7-P C C PC C � C P Governmental Buildings C C C C! C C C t' P P C P C C P P iHigh Schools" C C C C C C C P P C C P C C C P Hospitals* C C C C C C C 1, P P C C-_C C C P Libraries* i�C '- C C C_ C c C"T P P P C P C LP C P IMM.seums C I C _ C C C L- C C P n i- P C P C P, C P Parks and Recreation _ P C C CC-' C C P P P P P P Y C P �Assieled Living C C C C C C C C C C C C j C C C C MISCELLANEOUS � �J - LAND USES C RR R RS :RSI RS2 RU CC CG IL PR EPP R 'd'SH LC Q]IvdLf [Animal Baarding° C C C C C N N C C C C N C N I C C Bed and Breakfasts C C C C C C C C C C C N C C C P Cabin Rentals I C C G C N ', N_ N P P Y C N P P C P I:C meter!es C C: C C N N N N C B C N CC C N N° Crematories/Funeral Homes I N C N C N N I C C C C j C N i C CC C Day Cue Centers"C C CC C j C C P P P C C C C P P Dormitories/Boarding C C C C C C F P" S C Y P" C C (PJ P Houses Essential Services P P P P P P P T P P P 'PP P ! P P ne Yenning1Geral P P N N N N N N N N P N P N N N AgricuIrur'e°'s* CrreenhoagasfPree C C C C C C C P. P P C! N C � [P] P �irseries" I � C -52- PZ09-20 Attachment "A" Page 3 of 4 KEY: P=Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Penowed 14 a2.0I^u LAND 1;7SR TABILE NOIT- Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MisCTUANn OUS _ LAND USES Gunsnithmg, Printing C 1J ( RR C RRl C RS C RSI RS- C C RU C I CC P I CG P rL P j Ii3 P CAD N fit C — :TSH F LC �� %t1U� Taxidermy I ! 1 ! Assemblies"(Large: Circuses, Paris, Etc.) �Frafaimal Organizations/ Private Cluba7Social Halls C N C C C C � C—( C C C C C C C P's i P� � s n I' Pis P n.s C ns N C CI P P C P and Union Walls 1Rest lanes volescent of I Res[ F(mnes N C C j C j — C C 1 — C P � P C C I C C L7 C IP Parking, C'rf titreer --�-- P P P i l' P � P 1 P P P P P P P P !Parking, Public 1,cie" C t C C i C C C G C C C C C �: C C C C Pelson, ge:vicesi C C C C C C ! P P P P i C C Pe [1,,1 P _ i I C Radio/PV Transminers/Cch P P C C C( C C P PPP P C C G P Sites*' Recreational Vehicle Parks C C C C N C C C C C N C C N C Substub., L'enaction oP C C C C �N C C C C C C C N C N N N Noun al ResourmO Surface Extraction of C C C C C N! C C I C N C N N N Natural Rescwtos" �N See 42 USCA Sec. 2000oc (Religious Land Use and Institutionalized Persons Act of 2000) See 42Telecommuni cart Otis Actpf 1996, Sec, 704(3) See, however, the limitations imposed under KMC 3. i0.070 Foarnotes: 1.. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or Industrial which fails under the landscaping/site plans requirements of );MC 14.25 shall include any secondary uses in the landscaping and site plans. l2 0no (1) single-family residence per parcel, which is Parfet the main building 3 Allowed as a conditional use, subect to satisfying the following conditions i a. The usable area per dwelling unit shall be the smile at that requiredfor dwelling units in die RS zone; to, The site square footage in area must be approved by the Commission; L Yards around the site, off-street parking and other development requirements shall be the same as for principal uses in'the RR Zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group, will. co,nsti[u6e a residential area of sustained desirability and saibiiity; will bein harmony with the character of the .surrounding neighborhood, and will not adversely affect surrounding property values; 1 17. The 'buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage' spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; The property adjacent to the proposed dwelling group will not be adversely affected. �4. See "Townhouses" section_ .1 See "Mobile Homes" section. —_ -53- PZ09-20 Attachment "A" Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the nunimum federal Housing Arnhority requirements. 7, See "Planned Unit Residential Development" section,, 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use; provided that all appticable safety and fire regulations are met. 10. Provided that no pout of any building Is located nearer than thirty (30% feet to any adjoining streett or property line._ 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining' street or property line and provided f hater that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone, 12, Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b, Exits and entrances and off-street parking for tine use are located to prevent traffic hazards on public streets. 13, Allowed as a conditional use, provided that. setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to 'fulfill this requirement. 14. Allowed as a conditional use, provided that no indicationof said use is evident from the exterior of themortuary. 115. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone, b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public sheets, 116. See "Conditional Uses" section. I IT See "Conditional Use Permit for Surface Extraction of Natural Resources" section, 18. Conditional Use allowed only on privately held property. Not allowed on government. lands. 19. Deleted by Ordinance 2144-2006. 120. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or� parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Re.quirwrenis Table" for the RU'JTSH zones, 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a. school in the zone. 23. Allowed as an accessory use in conjunction with a. permitted use in the ED zone. For example, a dormitory used to house Students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g, a. gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, to-"_'0o a to ss dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tarming salons and massage therapists, in the T'S14 zone tattoo parlors are allowe as a_ conditional use. 26iFood services are allowed on a temporary or seasonal basis of not more than four !4) months per year. -54- Suggested by: Councilor Smalley CITY OF KENAI ORDINANCE NO. 2404-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $11,000 WITHIN THE GENERAL FUND/NON- DEPARTMENTAL ACCOUNT AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,000 TO PROVIDE FOR FUNDING TO THE KENAI CONVENTION AND VISITORS BUREAU TO COMPENSATE IT FOR LOST REVENUE DUE TO THE FOUR -MONTH CLOSURE OF THE KENAI VISITORS AND CULTURAL CENTER (THE "CENTER") FOR REPAIRS TO THE IN -FLOOR HEATING SYSTEM. WHEREAS, the City of Kenai is the owner of the Center; and, WHEREAS, the City of Kenai contracts with the Kenai Convention and Visitors Bureau, Inc. (KCVB) to manage and operate the Center; and, WHEREAS, the Center was constructed with an in floor heating system using Entran II in -floor heating system piping; and, WHEREAS, the piping in the in -floor heating system has failed which required the City to replace the in -floor heating system at a cost of $583,850; and, WHEREAS, the City of Kenai was a participant in a class action lawsuit against the manufacturer of Entran II and already received $184,953.07 in compensation from the manufacturer; and, WHEREAS, the City of Kenai is scheduled to receive approximately $180,000 additionally in late 2009 to complete the settlement payments; and, WHEREAS, the KCVB suffered $11,000 in lost revenue from retail sales and rental receipts due to the fourth -month closure of the Center; and, WHEREAS, the KCVB relies heavily upon income from rental receipts and retail sales to fund its operations; and, WHEREAS, the City of Kenai should reimburse the KVCB for the lost revenue due to the four -month closure of the Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made and that estimated revenues and appropriations be increased as follows: New Ted Underlined; [DELETED TEXT BRACKETED] -55- Ordinance No. 2404-2009 Page 2 of 2 Budget Transfer -General Fund From: Non -Departmental -General Contingency To: $11, 000 Non -Departmental -Transfers $11,000 Appropriation —Visitor Center Heating Upgrade Capital Project Increase Estimated Revenues Transfer from General Fund $11,000 Increase Appropriations: Construction 811,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day 20th day of May, 2009. ATTEST; Carol L. Freas, City Clerk Approved by Finance: 7-., - 6 PAT PORTER, MAYOR Introduced: May 6 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -56- Suggested by: Administration CITY OF KENAI •'► •��.. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8,590.27 IN THE GENERAL FUND FOR REIMBURSEMENT RECEIVED ON THE KENAI HISTORIC CABIN MOVE PROJECT. WHEREAS, to help facilitate the Kenai Historic Cabin Move Project, the City agreed to employ and receive reimbursement from the Kenai Historical Society for the actual cost of an individual to prepare the structures for movement; and, WHEREAS, preparation was completed and employment ceased on April 30, 2009; and, WHEREAS, the employees wages have been paid from the Parks Department budget and need to be replenished to assure sufficient budget is in place for the hiring of the City's summer hire parks crew. 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: Miscellaneous $8,590.27 Increase Appropriations Parks — Salaries $7,240.00 Parks — Medicare 104.99 Parks — Social Security 448.88 Parks — Worker's Compensation 796.40 $8,590.27 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. ATTEST: Carol L. Freas, City Clerk 1 Approved by Finance:_ PAT PORTER, MAYOR Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Text Underlined; [DELETED TEXT BRACKETED) -57- the clly+'%f/ KENg1�vA&ASKR CITY OF KENAI Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, utility costs for fiscal year 2009 have exceeded the amount budgeted due to increases in utility rates for both electricity and natural gas $51,565; and, WHEREAS, significant computer system upgrades, modifications, and maintenance projects have exhausted the amount originally budgeted $28,000; and, WHEREAS, employee attrition and larger than expected annual leave cash outs have depleted wage accounts in various departments requiring additional funds to complete the fiscal year $50,400, and, WHEREAS, supplemental funds are needed for the remainder of the fiscal year. 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: Appropriation of Fund Balance $129,965 Increase Appropriations: Legal- Leave $ 6,300 Manager - Leave 3,500 Finance - Leave 21,750 Non -Departmental - Professional Services 28,000 Non -Departmental - Utilities 5,000 Police - Utilities 4,600 Fire - Utilities 5,000 Animal Control - Overtime 6,500 Animal Control - Leave 2,500 Animal Control - Utilities 1,000 Animal Control - Communications 690 Public Works Administration - Communications 165 Shop - Utilities 1.2,000 Streets - Utilities 2,000 Buildings - Leave 9,850 Buildings - Communications 660 Street Lights - UtiIities 4,000 Library - Utilities 9,650 Recreation - UtiIities 2,000 New Text Underlined; tDELETED TEXT BRACKETED] Wi11 Ordinance No. 2406-2009 Page 2 of 2 Parks - Utilities 1,000 Boating Facility - Utilities 3,800 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: _- PAT PORTER, MAYOR Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Text Underlined; [DELETED TEXT BRACKETED) -59- J _ Suggested by: Administration thca2yof CITY OF KENAI KENAI, ALASKA ORDINANCE NO. 2407-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT FUND FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, utility costs for fiscal year 2009 have exceeded the amount budgeted due to increases in utility rates for both electricity and natural gas $50,500; and, WHEREAS, larger than expected Airport operational and snow removal costs have exhausted the amount originally budgeted $76,165, and, WHEREAS, supplemental funds are needed for the remainder of the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $126,665 Increase Appropriations: Terminal - Salaries $ 4,200 Terminal - Overtime 6,000 Terminal - Utilities 25,000 Airfield - Salaries 30,000 Airfield - Overtime 17.000 Airfield - PERS 18,965 Airfield - Utilities 22,000 Other Buildings & Areas - Utilities 3,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Text Underlined; [DELETED TEXT BRACKETED] M Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER & SEWER FUND FOR COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, utility costs for fiscal year 2009 have exceeded the amount budgeted due to increases in utility rates for both electricity and natural gas $91,500; and, WHEREAS, larger than expected annual leave cash outs have depleted wage accounts in various departments requiring additional funds to complete the fiscal year $8,000; and, WHEREAS, supplemental funds are needed for the remainder of the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water & Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance $99,500 Increase Appropriations Water - Leave $ 4,000 Water - Utilities 30,000 Sewer - Leave 4.000 Sewer - Utilities 1,500 Waste Water Treatment Plant- Utilities 60D00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Teat Underlined; [DELETED TEXT BRACKETED) -61- Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2409-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,092.40 IN THE GENERAL FUND FOR DATAMASTER TRAINING REIMBURSEMENTS FROM THE ALASKA HIGHWAY SAFETY OFFICE (AHSO). WHEREAS, the Kenai Police Department was awarded a grant by the Alaska Highway Safety Office to send Officer Mitch Langseth to refresher training as a Datamaster Supervisor, and also to send Officer Kelly George to the initial Datamaster Supervisor Training; and, WHEREAS, the Datamaster is a breath test instrument vital to the successful prosecution of Driving Under the Influence (DUI) cases, and Datamaster Supervisors are the designated police personnel who perform regular maintenance on these instruments; and, WHEREAS, the City of Kenai paid for the training initially, and the Police Department is now seeking $1,092.40 in reimbursements from the Alaska Highway Safety Office ($333.65 for Officer Langseth's training, and $758.75 Officer George's 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: State Grants $1,092A0 Increase Appropriations: Police - Transportation $1,092.40 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City CIerk Approved by Finance: ____z Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -62- Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2009 AND ENDING JUNE 30, 2010. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section l: That certain document entitled "City of Kenai Fiscal Year 2010 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2009 and ending June 30, 2010. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2009, and ending the 30th day of June, 2010, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and tc be expended substantially by line item in the manner shown in the budget adopted by Section I hereof: General Fund $12,534,112 Congregate Housing 378,339 Permanent Funds 313,000 Water and Sewer Fund 1,943,184 Airport Fund 2,544,477 Senior Citizen Title II1 553,512 Senior Citizens Rund 196,743 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. PAT PORTER, MAYOR !New Text Underlined; [DELETED TEXT BRACKETED] -63- Ordinance No. 2410-2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: July 1, 2009 New Text Underlined; [DELETED TEXT BRACKETED) i CITY OF KENAI Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $175,000 IN THE WATER AND SEWER FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $175,000 IN THE BRIDGE ACCESS WATER AND SEWER EXTENSION CAPITAL PROJECT FUND. WHEREAS, the "American Recovery and Reinvestment Act" (ARRA) program has made up to $4,000,000 available for the extension of water and sewer service down Bridge Access Road to the intersection of Beaver Loop; and, WHEREAS, environmental permitting and design of the project must be completed in advance of funds being obligated; and, WHEREAS, costs paid for the permitting and design phase of the project will be eligible for reimbursement once the project is obligated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Water and Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance 8175,000 Increase Appropriations: Transfer to Capital Proiects $175,000 Bridge Access Water & Sewer Extension Capital Project Fund Increase Estimated Revenues: Transfer From Water and Sewer Fund $175,000 Increase Appropriations: Construction $175,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: :% Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 - New Text. Underlined; [DELETED TEXT BRACKETED] -65- } il�e ca'ty of !/ 'Villa e with a Pasf C# wA a Future'® 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 wvwd.ci.kenai.ak.us To: Kenai City Council Thru: Rick Koch, City Manager From: Christine Cunningham, Assistant to the City Manager'W Date: May 1, 2009 RE: Alaska Court System, State of Alaska Lot 13, Block 1, Cook Inlet Industrial Air Park Administration recommends the above -referenced lease for approval. Pursuant to KMC 21,15.060, the application was forwarded to the Planning and Zoning Commission. The Commission found that the application conforms to the zoning code and the Comprehensive Plan and recommend Council approve the lease in the attached Memo dated August 14, 2008. The property is adjacent to the State Courthouse on Airport land located outside of the reserve. The Finance Director provided an analysis of the return on investment to the Airport Fund for construction of the Kenai Court Parking lot in the attached memo dated April 9, 2009. /cc Na Me cliY o KENAIV�ALE To: Rick Koch, City Manager "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 t FAX: 907-283-3014 From: Terry Eubank, Finance Director 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- 2015, 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 react 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, I believe investment in the project is in the best interest of the Airport Fund. Construction Cost $ 269,250.00 Annual Lease Payment $ 25,700.00 Rate of Return 6,0765% Date Payment Interest Balance Pmt# 7/1/2009 $(243,550.00) $ - $(243,550.00) 0 7/1/2010 $ 25,700.00 $ (14,799.32) $(232,649.32) 1 7/112011 $ 25,700.00 $ (14,136.94) $(221,086.25) 2 7/1/2012 $ 25,700.00 $ (13,434.31) $(208,820.56) 3 7/1/2013 $ 25,700,00 $ (12,688.98) $(195,809. 54) 4 7/l/2014 $ 25,700,00 $ (11,898.37) $(182,007,91) 5 7/1/2015 $ 27,590.00 $ (11,059,71) $(165,477.62) 6 7/1/2016 $ 27,590,00 $ (10,055,25) $(147,942.86) 7 71112017 $ 27,590.00 $ (8,989,75) $ (1 29,342.61) 8 7/1/2018 $ 27,590.00 $ (7,859.50) $(109,612.11) 9 7/1/2019 $ 27,590,00 $ (6,660.58) $ (88,682.69) 10 7/112020 $ 29,763,50 $ (5,368.80) $ (64,308,001 11 7/1/`2021 $ 29,763.50 $ (3,907.68) $ (38,452,17) 12 7/1/2022 $ 29,763,50 $ (2,336.55) $ (11,025,22) 13 7/1/2023 $ 29,763.50 $ (669.95) $ 18,068.33 14 711/2024 $ 29,76350 $ 1,097,92 $ 48,92975 15 7/112025 $ 32,263.03 $ 2,973.22 $ 84,166,00 16 7/1/2026 $ 32.263,03 $ 5,114.35 $ 121,543.37 17 711/2027 $ 32,263.03 $ 7,385.58 $ 161,191.97 18 7/l/2028 $ 32,263,03 $ 9,794,83 $ 203,249.83 19 7/1/2029 $ 32,263,03 $ 12,350.48 $ 247,863,33 20 Ending Cash Balance $ 247,863.33 Improvement Value $ 544,589.35 Total Value @ 7/1/2029 $ 792,452.68 Investment Value @ 7/1/2029 $ 792,449.82 Difference $ 2.87 Cost of Construction Less Asphalt $ 205,250 00 Estimate Construction Inflation Rate 5.00% 7/1/2009 $ 205.250.00 7/1/2010 $215,512.50 711/2011 $226,288.13 7/1/2012 $237.602.53 7/1/2013 $249,482.66 7/1/2014 $261,956.79 7/1/2015 $276,054.63 7/1/2016 $288,807.36 7/1/2017 $303,247,73 7/1/2018 $318,410,12 7/1/2019 $334,330.62 7/1/2020 $351,047, 15 7/1/2021 $368,599,51 7/l/2022 $387,029,49 711/2023 $ 406,380.96 71112024 $ 428,700.01 7!1/2025 $448,035,01 7/1/2026 $470,436,76 7/112027 $ 493 958.60 7/112028 $ 518,656.53 7/1/2029 $544,589,35 Assumes 15% property value increase in 2015, 2020 and 2025, Also has no value for the annual maintenance costs of the lot which should be minimal with the exception of snow removal and power for lighting. "V llaye with a Past C# with a Futa re" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 t FAX: 907-283-3014 1992 \\ eke ci�lPf // KENA�A W TO: Kim Howard, Assistant to the City Manag%\ } t FROM: Marilyn Kebschull, Planning Administration` SUBJECT: Lease Application — Alaska Court System, State of Alaska Lot 13, Block 1, Cook Inlet industrial Air Park At their meeting on August 13, 2008, the Planning and Zoning Commission reviewed the lease application for the above -referenced parcel. The Commission found that the application conforms to the zoning code and the Comprehensive Plan and recommend Council approve the lease. LEASE OF AIRPORT LANDS (Outside the Kenai Municipal Airport Reserve) THIS AGREEMENT, entered into this day of r 2009, by and between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 9 64, a home -rule municipal corporation of Alaska, hereinafter called "City" and STATE OF ALASKA, ALASKA STATE COURT SYSTEM, whose address is 820 W. 4`i` Avenue, Anchorage, Alaska 99501, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, Third Judicial District, State of Alaska; to wit: Lot 13, Block 1, Cook Inlet Industrial Air Park, according to Plat No. K-1448, A. PURPOSE: The purpose for which the Lease is issued is: Parking B. TERM: The term of this Lease is for 20 years, commencing on the I' day of July, 2009 to the 30"' day of June, 2029. Lessee has the option to renew this lease for a five (5) year additional term. Lessee shall inform the City of the decision to renew this lease in writing pursuant to Article XIII, Paragraph O, at least 180 days prior to the expiration of the original twenty (20) year lease term. C. RENTAL PAYMENT: Subject to the terms of General Covenant No. 9 of this Lease, rental for the above -described land shall be payable as follows: l . The annual rental rate shaII be 8% of the fair market value (as set forth and defined in General Covenant No. 9) of the demised premises. The rental effective July 1, 2009, shall be S12,600 per year for the land (unimproved), plus applicable sales tax, based on a value of $157,000, subject to redetermination pursuant to General Covenant No. 9. 2. The City has constructed improvements to the leased premises in the form of a paved parking Iot at the request of the Lessee as a condition of entering into the lease. Pursuant to KMC 21.10.110, the Lessee will reimburse the City for the cost of the improvements at the rate of $13,100 per year. Such payment will be in addition to the annual rental rate set forth above. Lease of Airport Lands — Page 1 of i Lessor: Lessee: lull 3. Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 4. Rental for any period that is less than one (1) year shall be prorated based on the rate of the last full year. 5. In addition to the rents specified above, subject to General Covenant No. 9, Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Taxes pertaining to the leasehold interest of the Lessee (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (c) Lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the leased property, (d) Interest at the rate of eight percent (8°/u) per annum and ten percent (10%) penalties of any amount of money owed under LI-is Lease which is not paid on or before the date it becomes due, D. GENERAL COVENANTS: 1. USES: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: The promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. Lease of Airport Lands — Page 2 of 20 Le7,o, Lessee: -71- 3. ASSIGNMENT OR SUBLETTING; Lessee with City's prior written consent, which will not be unreasonably denied, may assign or sublet, in whole or in part, its rights as Lessee hereunder, Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to recording costs, shall be, paid by Lessee. 5. TREATMENT OF DF SE: The Lessee agrees to keep the premises clean and in good order at its own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of (lie Lease, the Lessee will peaceably and quietly quit and surrender thvpremises to the City. 6. PAYMENT OF RENT: Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, 210 Fidalgo Avenue, Kenai, Alaska 99611. 7, CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall be neat and presentable and compatible with its uses and surroundings. Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a Plan of proposed development of proper;, to the City, which shall be approved in writing for all permanent improvements, 8. DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. RENT ESCALATION: In the event this Lease is for a term in excess of five (5) years, the amount of rents or fees specified herein shall, at the option of either party, be subject to redetermination for increase or decrease based on the percentage rate (set in C.1 above) of fair market value for the unimproved land. No increase or decrease in the amount of rents or Lease of Airport Lands — Page 3 of 20 -72- fees shall be effective, until after thirty (30) days written notice. Fair Market Value is defined as "the highest price estimated in terms of money which a property will bring if exposed for sale on the open market allowing a reasonable period of time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used". This Fair Market Value will be based on the condition of the land on the date of this lease, if any, made by the City subsequent to the date of this Lease which would affect the value of the property. At each, five (5) year interval, the City will have the fair market value determined by a qualified independent appraiser. In order for the five-year lease rate adjustment cycle to coincide with years ending in zero and five, the next lease rate adjustment shall be performed in 2015 rather than 2014. Thereafter, the lease rate adjustments as set out in Paragraph 9 shall be performed every five years. 10. LEASE UTILIZATION: Leased lands shall be utilized for purposes within the scope of the approved application (made a part of this Lease and attached hereto), the terms of the Lease, the terms of the deed under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough, with Kenai Airport Regulations, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 11, CONDITION OF PREMISES: The premises demised herein are improved and are leased on an "as is, where is" basis. 12. UNDERLYING TITLE: The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTION: City shall have the right at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 14, INDEMNIFICATION AND INSURANCE: Lessee covenants to indemnify, defend, save and hold the City, its elected and appointed officials, agents and employees harmless from all actions, suits, liabilities, or damages, or liability of any nature, kind t Lease of Airport Lands - Page 4 of 20 Lessor: Lessee -73- or character, including costs, expenses and attorney's fees resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Lcssee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of City and/or Lessee. insurance requirement hereunder shall be subject to the sole determination of the City. Said insurance may include, but need not be limited to insurance coverages commonly known as, or similar in kind to, public liability, products liability, property damage, cargo, aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination of the City. All policies or endorsements thereto shall in all cases where possible name City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. All insurance shall be by a company/corporation currently rated "A-" or better by A.M. Best. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. In any event, Lessee is not to commence to exercise any of the rights and privileges granted under this agreement until such time as all insurance directed and required to be fumished by Lessee is in full force and eff et. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless Lessor under the provisions of this agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follows: Comprehensive General Liability Lease of Airport Lands — Page 5 of 20 Lessor. Lessee: -74- Combined Single Limit (Bodily Injury and Property Damage): $1,000,000 Workmen's Compensation - Statutory Limits Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event this lease may be cancelled and terminated, without penalty, on five (5) days written prior notice to Lessee. The City may approve a self-insurance program in lieu of the insurance requirements in this section, if the City finds in its sole discretion that such self-insurance program adequately protects the City, The typical amount of insurance coverage required is subject to review and adjustment at the discretion of the City at each five (5) year renegotiation of the lease. IS. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by taw. M EASEMENT GRANTS RESERVED; City reserves the right to grant and control easements in, or above the land leased, No such grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall have free access and use of any and a], parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. 17. LEASE SUBORDINATE TO FINANCING REOUMMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor art to cause the Lessee financial loss. 18: SURRENDER ON TERMINATION; Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement„ restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted Lease of Airport Lands — Page 6 of 20 Lessor: Lessee: & -75- by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sate thereon, However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. Provided, however, that Lessee shall retain title to and remove from the Premises at the Lessor's sole expense, any building, other improvement, or building equipment that the City has determined in writing to the Lessor. 1) has exceeded its useful life; 2) is damaged beyond reasonable repair; 3) is a hindrance to the future use of the Premises; and 4) is of negligible value. 19. AIRCRAFT OPERATION PROTECT (a) There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (When the City approves plans for improvements pursuant to paragraph 7, the City to the: extent of those improvements releases the casement here expressed.) (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land convoyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 20, RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, Lease of Airport Lands — Page 7 of 20 Lessor: JV Lessee: -76- terms„ and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 21. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 22. SPECIAL SERVICES: Lessee agrees to pay the City a reasonable charge for any special services or facilities not provided for herein if requested by Lessee in writing, and if the City agrees to provide such services or facilities. 23. NO PARTNERSHIP OR JOINT VENTIJRE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 24. DEFAULT BANKRUPTCY ETC If the Lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for tie Lessee or Lessees assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section I g(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 25, NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; Lease of Airport Lands — Page & of 20 Lessor Lessee: -77- (b) In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) Ln the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 26, PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the eraining terns, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. 27. MODIFICATIONS: No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 28. WARRANTY: The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein; and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use; 29. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation Lease of Airport Lands — Page 9 of 20 Lessor: r Loss"; no hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days notice of adoption or amendment thereof. 30. NON-LIABU,T City shall not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's right hereunder, on account of the exercise of any such right or authority as provided in this or the preceding section, nor shall Lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law in accordance with the laws of the State of Alaska and of the United States made applicable to the states, 31. FINANCIN : (a) For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, Lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, Lessee's interest in the teased premises and in and to this Lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in City's title to the leased premises. If such mortgage, deed of trust, or assignment shall be held by a bank or other established lending or financial institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and such institution shall acquire the Lessee's interest in such Lease as a result cf a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such lending institution shall have the privilege of transferring its interest in such Lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed by the Lessee, whereupon such lending institution shall be relieved of any further liability under such Lessee from any default after such transfer. Such lending institution or the nominee or wholly owned subsidiary corporation to which it may have transferred such Lease, or any other lending institution which may at any time acquire such lease shall be relieved of any further liability under such lease from and after a transfer of such lease. Lease of Airport Lands - Page 10 of 20 Lessor; ,([t Lessee: -79- (b) A leaschold mortgagee, beneficiary of a deed of trust or security assignee, shall have and be subrogated to any and all rights of the Lessee with respect to the curing of any default hereunder by Lessee. (c) If the holder of any such mortgage, or the beneficiary of any such deed of trust, or the security assignee shall give the City before any default shall have occurred in the Lease, a written notice containing the name and post office address of such holder, the City shall thereafter give to such holder a copy of each notice o f default by the Lessee at the same time as any notice of default shall be given by the City to the Lessee, and the City will not thereafter accept any surrender or enter into any modification of this Lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this Lease. (d) If, by reason of any default of the Lessee, either this lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a new Lease with the leaschold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional rent, and on the terms herein contained, subject to the following conditions: (1) Such mortgagee, beneficiary or security assignee, shall make written request to the City for such new Lease within twenty (20) days after the date of such termination and such written request shall be, accompanied by a paysracnt to the City of all sums then due to the City under this Lease. (2) Such mortgagee, beneficiary, or security assignee, shall pay to the City, at the time of the execution and delivery of such new lease any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for such termination, and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. (3) Such mortgagee, beneficiary, or security assignee shall, on or before the execution and delivery of such new Lease, perform all the other conditions required to be performed by the Lessee to the extent that the Lessee shall have failed to perform such conditions. Lease of Airport Lands — Page 11 of 20 no Lessor; Lessee: (e) If lending institution or its nominee or wholly owned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to this Lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nominee, or corporation shall desire to assign this Lease or any new Lease obtained from the City (other than to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such Lease required to be performed by the Lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such Lease from and after such assignment. If the proposed assignor shall assert that the City is unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration, 32. HAZARDOUS MATERIALS AND HAZARDOUS WASTE: City and Lessee agree that each shall comply with all applicable laws and regulations concerning hazardous chemicals and other hazardous materials, and shall properly store, transfer and use all hazardous chemicals and other hazardous materials and not create any environmental hazards on the lands leased herein. Should any hazardous chemicals or hazardous materials of any kind or nature whatsoever, or hazardous wastes to be released by Lessee upon the subject lands during the term of this lease, Lessee shall immediately report such release to the City Manager or other appropriate City official and to any other agency as quay b< required by law, and Lessee shall, at its own cost, assess, contain and clean up such spilled materials in the most expedient manner allowable bylaw, City and Lessee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the indemnifying party's sole cost and expense (for payment of penalties, sanctions, forfeitures, losses, costs or damages), for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) failure to comply with any local, state or federal statutes, regulations, or ordinances pertaining to hazardous chemicals, hazardous materials, hazardous wastes, or any environmental conditions or matters as may now or hereafter be in effect, and (d) any environmental conditions that arise out of or are in any way related to the condition of the property or activities conducted by the party thereon, unless the environmental conditions that are caused by the other party. The indemnifications of this paragraph specifically include reasonable Lease of Airport Lands — Page 12 of 20 Lessor: Lessee: M costs, expenses and fees incurred in connection with any investigation of property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this paragraph will survive the expiration or termination of this right to terminate this Lease upon notice to the City of Kenai. Interference is defined as anything that prohibits the uses speeded in Section 3 of this lease, As used herein, "hazardous chemical" means a chemical that is a physical hazard or a health hazard. As used herein, "hazard material" means a material or substance, as defined in 49 C.F.R. 171.8, and any other substance determined by the federal government, the state of Alaska or City of Kenai, to pose a significant health and safety hazard. As used herein, "hazardous waste" means a hazardous waste as identified by the Environmental Protection Agency under 40 C.F.R. 261, and any other hazardous waste as defined by the federal government, the state of Alaska or City of Kenai. The covenants and obligations described in this article shall survive the termination of this lease. Notwithstanding anything to the contrary, in order to aid the Lessee in the financing of the improvements to be situated herein, City agrees that in the event the proposed mortgagee, beneficiary, or security assignee under any interim or permanent loan on the security of the leasehold interest of the Lessee and the improvements to be situated thereon so requires, the City will make a reasonable effort to amend this Lease in order to satisfy such requirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's right hereunder norbe such as to alter in any way the rental obligations of the Lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the, leasing of airport lands, and to all applicable Federal statutes, rules and regulations, and all covenants and conditions of the deed by which the City holds title to the land. 33. COMPLLANCE WITH LAWS; Lessee shall comply with all applicable laws, ordinances; and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change Lease of Airport Lands — Page 13 of 20 SOM of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. 34. CARE OF PREMISES: Lessee, at its own cost and expense shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition mid repair during the entire term of this Lease. 35. SANITATION: The Lessee shall comply with all regulations or ordinances of the City that are promulgated for the promotion of sanitation, The premises of the lease shall be kept in neat, clean, and sanitary condition, and every effort shall be made to prevent the pollution of water, 36. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers, or materialmen's liens obtainable or available under the then existing laws, to stand against the teased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgement rendered with all proper costs and charges and shall have such lien released or judgement satisfied at Lessee's own expense, 37. CONDEMNATION: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi -public use, then upon payment of any award Lease of Airport Lands — Page 14 of 20 Lessor• Lessee i or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 38. PROTECTION OF SUBTENANTS: To protect the position of any subtenant(s) hereafter properly obtaining any interests in the Ieasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, w surrender of this Lease (the ground lease), the City will accept the Subtenant, its successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make frill and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and firither provided such subtenant agrees to comply with all the provisions of the ground Iease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 39. SUCCESSORS IN, NTEREST: This Lease shall be binding upor and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 40. GOVERNING LAW: This indenture of Lease shall be governed in all respects by the laws of the State of Alaska. 41. OTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub -paragraph (b) hereafter, and in that case shall to the most recent address so changed, tease of Airport Lands— Page 15 of 20 gala i Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment, (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 42. RIGHTS OF MORTGAGEE OR LIENHOLDER: In the event of cancellation or forfeiture of a lease for cause, the holder of a property recorded mortgage, deed of trust, conditional assignment or collateral assignment will have the option to acquire the Lease for the unexpired term thereof, subject to the terms and conditions as in the original lease. 43. ENTRY AND RE -EN I1tY: In the event that the Lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being Iiable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 44. RETENTION OF RENTAL: In the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 45. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, Lease of Airport Lands - Page 16 of 20 Lessor: Lessee: M unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the tern therein demised, or after the giving of the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 46. BUILDING AND ZONING CODES: Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute default. 47. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 48, PERSONAL USE OF MATERIALS: All coal, oil, gas and other minerals and all deposits of stone or gravel valuable for extraction or utilization are excepted from the operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building or commercial purposes', provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 49, MUTUAL CANCELLATION: Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 50. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used for an unlawful purpose. 51. APPROVAL OF OTHER A ITHO JTIFS: The is by the City of leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State or Federal agencies. 52. . REQUEST TO PURCHASE: If the tract of land proposed to be sold is leased land where the lease sets forth a development schedule, the lessee may request the sale of said land at not less than fair market value. The current lessee obtains the right to requesta sale Laese of Airport Lands — Page I7 of 20 Lessor: f� t Lessee: only after, to the satisfaction of the City Manager, completed development as detailed in the development schedule that has been incorporated into the lease agreement. The decision whether or not to sell the property rests within the sole discretion of the City. 53. NOTICE OF CONSTRUCTION: Lessee agrees to notify the City in writing three days prior to commencing any construction project valued in excess of sl,000.00 upon the property, Lessee agrees to assist in the posting of a notice of non -responsibility and maintenance of the notice upon the property during construction. Lessee agrees that in the event of the Lessee's failure to notify the City as provided above, Lessee shall indemnify the City against any materialmen's liens as defined in AS 34.35.050 which arise as a result of construction upon the premises. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI By: Rick R. Koch City Manager LESSEE: STATE OF ALASKA ALASKA STATE C RT SYSTEM Y. Si t Fc1 eY Tithe Lease of Airport Lands — Page 18 of 20 Lessor Lessee: 110010 (If Lessee is a Corporation) ATTEST: Name Title STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) ! n f n 5 I - CERTIFY that on t$i � 2pAS Name: J-r_7' f f Title: of ATE OF ALASKA, ALASKA STATE COURT SYSTEM, being personally knowriAo me or having produced satisfactory evidenoe of identification, appeared before me and acknowledged the 7�oluntary and authorized execution of the foregoing instrument_ 1 �Cy �: c2 c or Alaska (� sion Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2009, Rick R. Koch, City Manager of the City of Kenai, Alaska, being personally known to me or having produced Lease of Airport Lands — Page 19 of 20 Lessor. Lessee: satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Approved as to lease form by City Attorney: Approved by Finance Director: / f Lease approved by Council on August 20, 2008. '�5.� Carol Freas, City Clerk Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Lease of Airport Lands - Page 20 of 20 Notary Public for Alaska My Commission Expires: Lessor. Lessee: IN Less Hall :AC&9 M1A0,%Ac% ALASKkC0UP '$Y,5fEM STATE OF &ASKAy, $iRpiYOei'T({YrnMKf VivC ort�ztev'GPiatry.' S2o ter 41" AvEwCG AWC"004t, AK0 01—*5, Kim froward, Assistant to the.01ty'N3#nager City, of Kenai 210 Fidatgo Avenue Kenai,AK 99611 RE, -Lot 13, Block 1, Cook inlet! Induairlal,AirPark, DWMs Howard: (go1).2iva- ;nl'2 CBR3SOxj�'25&..gig5 tttErt�,eafE4±'stafRlhk:vt C`ietri`ibar�l'2008. Thls.tetterls Witten to exprese,1hs intent of t'he Alaska Court system ("AC3) to enter Into a lease: with the city o,$ Kenai (City") -covering, the parking area.described In the Lease Application filed by the ACS with the City, dated June 10, 2008; and updated July 11, 2008, and schematic. Parking diagram, both Copies Attached hereto. Tha court system's agreement.to'lease:the; parktrlg area is subject to negotiation and agreement of`acxeptable lease tef t, Including Without fimltatran the item's listed below; Term of the' lease — between 15'and` 20 yasm q } wl o5 « Renewaloptions—optiontoexwctatcorrtpiallon term /Q ff Rental rate - not to exceed $25,700 �ii.d " V ' .-,ddr nOli`yi, @r'"i'i'onavii?I^ir1,:� trrcSa'sedS `.Cntbt�6nt r3p,7n ivt7ti:rictiGir fif 2hB ctiftStYUCtll7dt, Including paving, striping, signag'e, and pedestrian walkways, scheduled for spring 2009, ,Nevertheless, the AC$ acknowledges that foe City is:moving forward wkh construction of parking irttprovements on Cite property anotwill incur certain costs and expenses in connecition with these Improvements, at desCribad in:the Lease Application referenced above; If the s partieare unable to agree on. reasonabtetetmst;this R.CS agreesto reimburse the actual` reasonable costs of these improvements, based on invoices supported,by adequate . documentation of the costs and'the completion.of the .work._, Sincerely, Facilities Manager Alaska Court System •M i i 2 S 4 i 92 s ' CITY OF KENAI PARKING LOT SITE PLAN I ..� F3 12 16 9 7 M ,., fi 6 4 3 2 14 16 ^ 16 17 20 21 22 23 24 25 26 39 38 37 36 35 1L 2724I;2° f 33 32 31 30 29 26 27 d 28.0" & II 251-T -91- FOR CITY USE ONLY Date 7 0 CITY OF KENAI signature 210 Pidalgo Avenue, Kenai, Alaska 99611-7794 (907) 283-7535 Ext, 223 LEASE APPLICATION /�+ �ry�F�or Land Outside �the Kenai Municipal Airport Reserve I, Name ofApplicant t `LCT�1-1-t � -6+1/K i <t_)` L 01'r 2. Business Name e �,r -- 3. Business Type (circle one)lsote dewrr�, rt r ' Gg . 4. AK Business License No. 5. Mailing Address 6. Telephone ,R 7. Email Address k' l i%P 8. Kenai Peninsula Borough Sales Tax No. (if applicable) 9. Land Requested: If platted, give legal description LOT l j� � I t"'Lwl � I k � �J If not platted, attach a site plan showing the proposed dimensions and location on the Airport.- 10. Proposed Use of the Property (Be speoi.fic)� 11. Lease'ferm Desired 15=Years 12, if you plan to construct improvements or otherwise develop the property: a. Attach a Development Plan (see attached checklist) -ro -Er- ' VF ( 7 !BY G (`�Lf b. Describe the building type, construction materials, size, etc.-{- &)Eb 'FAW U�:—, c. Construction beginning datee� 7!'Y�lt2 '.�"„5 d. Construction completion date (maximum of two ycars)ctt� e. Estimated total cost of the proposed development & improvements 14..I r you would like the City to consider any additional information relating to your proposal, please put it in writing and submit it with this application. APPLICANT'S SIGN Printed name: UrpmrD 7 -11.Of APPLICANT'S SIGNATURE: Date; Printed name: Title: Page t of 3 RN Lease Application for Land Outside the Kenai Municipal Airport Reserve DEVELOPMENT PLAN CHECKLIST (All items must be included before a lease application will be accepted.) A DEVELOPMENT PLAN MUST INCLUDE A DRAWING AND A NARRATIVE. 1. Drawings must be drawn to scale, but need not be prepared by an architect or engineer. Drawings must show the following: L5�� ��sCsc�/r7r( a. The layout of the lot showing the height(s), size(s) and location(s) of all Cj �jzi ➢ Existing. buildings ➢ Proposed buildings ➢ Existing and proposed antennas, poles, and towers b. Parking facilities (location and number of spaces) c. Site improvements ➢ Areas to be cleared and method of disposal ➢ Proposed gravel or paved areas ➢ Landscaping plan (retention of natural vegetation and/or proposed planting areas) d. Building set backs e. Drainage plan and snow storage areas f. Traffic circulation plan (all entrances, exits and on -site access) g. Location of sign(s) — (sign permit required before installation) h. Fencing — (permit required before installation if height exceeds 6 feet) i. Curb cuts (where applicable) 2. Narrative must explain bow your proposed use and development of the property will conform with: a. the zoning ordinance of the City b. the comprehensive plan of the City Page 2 of 3 RXI CITY OF KENAI City Manager's Office 210PidalpAvt. - Kcnal, AR 99611 (907) 283-8222 - Pax (907) 283.3014 cunuureoer tkoCh@ci.ktnai.aP-us �"Emro By anise TT&—n—`7 —A)7-'� m Estimate for Parking Lot Construction Lot 13, Cook Inlet Industrial, Block 1 July 29, 2008 Unit Cost Item Description Unit Quantity Cost Sub -Total Mobilization LS 1 $ 7,500.00 S 7,500.00 Survey LS 1 $ 5,000.00 $ 5,000,00 Traffic Control LS 1 $ 1,500A0 S 1,500.00 Unclassified Excavation CY 2100 $ 8.00 $ 16,800.00 Classified Fill & Backflil Ton 3500 $ 8,00 $ 28,000.00 Crushed Aggregate Base Course Ton 500 $ 21.00 $ 10,500,00 Asphalt Cement Pavement Ton 350 $ 120,00 $ 42,000.00 Demo Curb & Gutter LF 100 $ 2.50 $ 250.00 Curb & Gutter LF 100 $ 30.00 $ 3,000.00 Lighting System LS 1 S 50,000.00 $ 50,000.00 Striping LS 1 $ 4,000.00 $ 4,000,00 Sidewalk SY 20 $ 46.00 $ 900.00 Sub -Total $169,450.00 Contingency@ IDo% S 16,945.00 Design @ 10% $ 18,639.50 Construction Admin. @ 12% $ 22,367A0 Total Estimate $ 227,401.90 so May 2009 C0"NCrWC0AfMI6S10N NJEMNG CALENDAR 1 2 A1n,2009 Jun 2009 S -M T W r F S S M T W. T P S -. } 2 '3 4 1 2 1 A& U' 5 6 7 8 9 10 19 7 8 9 10 17 12 13 12 13 14 15 '16 17 18. 14 15 ib 17 18 19 20 19 20 21 22 23 24 25' 21 22 23 24 25 26 27. 26 27 28 29 30 28 29 30 4 i5 6 7 8 9 Library CITY COUNCIL Commission, MEETING, 7p, 7p, Council Council Chambers Chambers 10 11 12 13 14 15 16 Harbor Commission, Beautiflcation Committee, 7P, 1 PLANNING & ZONING Ain,ort commkmgn 7P, Council Chamber: Council Chambers COMMISSION, 7p, Council CnuneleluChembera Chambers I CPwmii on Aging, 7Paeniar CeNer 17 1// 8 �� 19((y� 20 21 22 23 1 A.�'rA, '1 "6 CITY COUNCIL Advisory Cemetery Ccmmittee, ?CounoI'1',c 7p, Council Chambers 442 26 27 28 29 30 a CITY AAX"' PLANNING & S 000„y"„ ZONING CL ED V' b MEETING, 7p, Council Chambers (31 u June 2009 Call MIC®MMI&Sr®H MauNG CALENDAR 1 2 3 4 5 6 Library CITY COUNCIL Commission, MEETING, 7p, 7p, Council Council Chambers Chambers I I 7 8 9 10 11 12 13 Harbor PLANNING & Airport Commission, ZONING Commission 7p, Council COMMISSION, Meeting, 7p, Chambers 7p, Council Council Chambers Chambers Council on Aging ,ent Senior Center fiG 1 l4 15 16 17 18 19 20 CITY COUNCIL Advisory MEETING, 7p, Cemetery Council Committee, 7p, Chambers Council .I I i Chambers r2lT22 24 25 26 27 123 PLANNING & ZONING COMMISSION, 7p, Council i Chambers g 28 ?9 30 ,l,.i" TP S+ S M T W 1 ' IF F7 8 9 5 6 83 14 15 16 - t 12 13 14 l5 0 21 22 23: TJ 20 11. 22 23 24 25. . 7 ?S 24 30, '26 27 28 29 30 31 31 -97- July 2009 C0UNCIL1C0ffMr Sroff MEETING CUEN®AR 1 2 3 4. aay2pov na92009 S M T W T F S- S M T W T F S CITY COUNCIL Parks & HOLIDAY/ 1 ? 4 5 (, MEETING, 7p, Recreation OFFIC 41 Council Commission, CLOS D 7 8 9 10 it 12 13 2 3-A-.56 -7 8. Chambers 7p, Council W15 16 17 18 19 20 9 10 11 12 13 14 15 Chambers 21 22 23 24 25 26 27 I6 17 IS 19 20 21 22 28 29 30 25 34 25 16 27 21 29' i 5 16 17 8 9 10 11 Harbor Commission, Library Commission, PLANNING ZONING 1 Airport Commission, 7p, Council 7p, Council COMMISSION, - 7p, Council Chambers Chambers 7p, Council Chambers Chambers I C nCire iCAoging, 7p Se r l2 13 �14 15 16 17 18 CITY COUNCIL Advisory MEETING, 7p, Cemeta Council Committee 7p, Chambers Councl I i I Chambers 19 20 21 22 23 24 25 PLANNING & ZONING COMMISSION, 7p, Council Chambers - 26 27 28 I29 30 31 I Ike city O "V ilfa�e with a Fast C# witA a Future o� 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us fl1�k:1 ! �� 1!! 11 TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk City of Kenai DATE: April 29, 2009 RE: Appeal of Michael Dye, CEO for Jon Faulkner, President/Owner, Kenai Landing A letter of appeal to an administrative decision of a building permit application was received on Wednesday, April 29, 2009 from Michael Dye, CEO for Jon Faulkner, President/Owner, Kenai Landing, The appeal was submitted pursuant to KMC 4 entitled, "Uniform Building Codes," Section 40 entitled, "Board of Appeals." Please schedule a Board of Appeals hearing for the above -referenced matter. elf 4.40,010 Chapter 4.40 BOARD OF APPEALS Sections: 4.40.010 Constitution. 4.40.020 Penalty. 4.40.030 Conflicting provisions. 4,40,010 Constitution. The City Council shall sit as a Board of Appeals in order to provide for final interpretation of the provisions of this title and to hear appeals provided for hereunder. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official.: (Ords. 269, 395, 2001-2003, 2089-2005) 4.40.020 Penalty. Any person, firm, or corporation violating any of the provisions of Title 4 shall be guilty of a violation, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted; and upon conviction of any such violation, such person shalt be subject to punishment as provided for violations in KMC 13.05.010. (Ords. 269, 395, 1240, 1645-95, 2001- 2003,2089-2005) 4.40,030 Conflicting provisions. If any provisions of the Codes hereby adopted by reference conflict with any other provisions not so adopted contained in this title, then those provisions not so adopted by reference will prevail. (Ords. 269, 395, 2001-2003, 2089-2005). 74-35 (Kenai Supp. N.. E5, 7-05) -100- COUNCIL ON AGING MEETING APRIL 9, 2009 KENAI SENIOR CENTER 4:30 P.M. ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARX --February 12, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Rebekah Riley, Seward Providence -- "Green House" Project b. Ken Duff, FCS -- Assisted Living Accreditation ITEM 5: OLD BUSINESS a. Discussion -- Board of Director's Dinner -- April 21, 2009, 5:30 p.m. ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Council on Aging Chair b. Director C. Council Liaison ITEM S: QUESTIONS & COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Council Action Agendas of March 18 and April 1, 2009, ITEM 11: ADJOURNMENT 2009 KENAI SENIOR CENTER 3t P.M. CHAIR JOANNA HOLLIER, PR MEETING SUMMARY Chair Hollier called the meeting to order at approximately 4:30 p.m. Roll was confirmed as follows: Council Members present: J. Hollier, L. Flowers, E. Jones, R. Jurgensen, V. Geller, B. Osborn, L. Nelson, M. Milewski Council Members absent: None Staff/Council Liaison present: Senior Center Director R. Craig, Administrative Assistant K. Romain, Council Member R. Ross A quorum was present. ITEM 2 AGENDA APPROVAL itTi C,t " CiR; Member Flowers MOVED to approve the agenda and Member Osborn SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- February 12, 2009 Chair Hollier requested it be noted Earl Jones arrived late. MOTION: Member Nelson MOVED to approve the meeting summary of February 12, 2009 with the correction and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Rebekah Riley, Seward Providence -- "Green House" Project Leigh Smith and Kathy Kloster presented in place of Rebekah Riley. A video and DVD were presented on the "Green House" Project, an innovative form of long term care. Smith and Kloster noted Seward Mountain Haven would be the first project, being built by the City of Seward with tax exempt bonds and a grant through the Denali Commission. 4-b. Ken Duff, Frontier Community Services -- Assisted Living Accreditation -102- Ken Duff, Director, Frontier Community Services (FCS), gave a brief presentation on two small senior assisted living facilities (each licensed for five seniors) FCS acquired; provided an update of funding received and expected for their administration building project to be built along Redoubt Avenue in Kenai; and, noted his support of the Kenai Senior Center to move forward with accreditation and the need for standards to be established in relation to grant requests and acquisition. ITEM 5: OLD BUSINESS 5-a. Discussion -- Board of Director's Dinner -- April 21, 2009, 5:30 p.m. Senior Director Craig noted Marge Hayes would speak on the importance of boards for non -profits and Tim Wisnewski would entertain on the trumpet. 7-a. Council on Aging Chair -- Hollier reminded the members to turn in their resumes for the Tier I Rasmuson Grant. 7-b. Director -- Craig reported briefly on the National Aging Conference she recently attended. 7-c. Council Liaison -- No report. ITEM S: QUESTIONS & COMMENTS -- None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION 10-a. Council Action Agendas of March 18 and April 1, 2009. ITEM 11: ADJOURNMENT MOTION: Council Member Flowers MOVED to adjourn and Council Member Osborn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:35 p.m. Meeting summary prepared and submitted by: Carol L. Frees, City Clerk -103- COUNCIL ON AGING MEETING APRIL 9, 2009 PAGE 2 CITY OF KENAI "Village with a past -- City with a future. " 7 BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND F wmm��� S EHe alga of .._ � RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 JPHONE: 283-7535, EXT. 231 i FAR: 283-5068 DATE: "�"`�- ��rJci �. NAME: (cs ✓ u3 . Resident of the City of Kenai? ✓ How long? itr `Izt '' j Residence Address _ 5� Z'-11v F0. 1 J.C. Mailing Address l% .gc) A . L 5 jo`' Home Telephone No. —4i 3-,a 3Z/ Home Fax No. Business Telephone No Business Fax No, Email Address: May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYER: Job Title NAME OF SPOUSE: -d-xc'7% e--' / Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ✓-t Gc n/n 'z - s: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? J WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Signature -104- CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 22, 2009 - 7:00 p.m. I. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences ➢ Commissioner Wells *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. *April 8, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ09-13 (Revised) — Kenai Cemetery Expansion (A replat of Government Lots 123, 173 & 174.) Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.......... 5. PUBLIC HEARINGS: (Testimony Iimited to 3 minutes per speaker.) a. PZ09-19 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the following sections of Kenai Municipal Code by amended: I) KMC 14.25.040(b) by requiring a six-foot high wooden fence or masonry wall be constructed to shield between residential and commercial uses; 2) KvIC 14.25.045 by providing that property adjacent to residential zones should provide ingress and egress to route traffic away from residential streets and providing that some development may be required to provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply for variances. b. PZ09-20 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to: 1) change the uses of personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries from principal permitted uses (P) to conditional uses (C) in the Limited Commercial Zone (LC); 2) change mobile home parks from conditional use (C) to not permitted (N) in the Limited Commercial Zone (LC); 3) change automotive repair from not permitted (N) to conditional use (C) in the Limited Commercial Zone (LC); 4) adding language to footnote 25 to clarify that tattoo parlors are personal services; and; 5) requiring tattoo parlors to have a conditional use permit in the Townsite Historic Zoning -105- District (TSH) 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ09-21 -Application for a home occupation permit for a daycare for the property known as Lot 5, Block 2 Sungate Park Subdivision (640 Tern Place), Kenai, Alaska. Application submitted by Leslie Cottrell, 640 Tern Place, Kenai, Alaska. 8. PENDING ITEMS: 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. 9. REPORTS: a. City Council b. Borough Planning c. Administration ➢ MAPS Special Zone District Questions 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Proposed Amendment to KMC 14.20,270 (Councilor Malloy) b. P&Z Resolutions Quarterly Report- I" Quarter 2009 c. Building Permits Quarterly Report- !"Quarter 2009 d. Code Enforcement Quarterly Report- 1"Quarter 2009 12. COMMISSION COMMENTS & QUESTIONS: 13, ADJOURNMENT: -106- CITY OF KENAI PLANNING & ZONING COMMISSION COUNCILCITY 2009 0i CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Ralf can Chair Twait called the meeting to order at approximately 7:01 p.m. Roll was confirmed as follows: Commissioners present: J. Brookman, K. Koester, J. Twait, P. Bryson, and K. Rogers Commissioners absent: S. Romain (excused), R. Wells (excused) Staff/Council Liaison: Council Member R. Molloy, City Planner M. Kebschull and City Clerk C. Freas A quorum was present. 1-b. Agenda Approval The following items were requested to be added to the packet: ADD: 1-d., Excused absence of S. Romain 5-a., Email transmission of K. Schmidt 5-b., Email transmission of K. Schmidt MOTION: Commissioner Member Bryson MOVED to approve the agenda, incorporating 1-d, addition of 1-d, Excused Absence of Scott Romain, 5-a, email of K. Schmidt, and 5-b, email of K. Schmidt. Commissioner Brookm.an SECONDED the motion. VOTE: There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Brookman MOVED for approval of the consent agenda and Commissioner Koester SECONDED the motion. VOTE: -107- There were no objections. SO ORDERED. 1-d. *Excused Absences Commissioner Wells -- Approved by consent agenda. Commissioner Romain -- Added and approved by consent agenda. ITEM 2: APPROVAL OF MINUTES -- April 8, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ09-13 (Revised( - Kenai Cemetery Expansion (A replat of Government Lots 123, 173 & 174.) Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska City Planner Kebschull reviewed the staff report included in the packet, and noted the following; • The item had been revised after the March 1.1, 2009 Commission meeting and comments from that meeting made by Commissioner Bryson and the surveyor were incorporated. • A decision was made to proceed with revising the plat to identify and dedicate Float Plane Road and First Avenue where they were constructed and to vacate the right-of-way easements. • The surveyor had been notified of the commission's recommendation to show the location of the gas line and any related easements. • The final plat would show all easements. • Administration recommended approval with no contingencies. Chair Twait read the rules of public hearing etiquette. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. Commissioner Bryson MOVED to recommend approval of PZ09-13 and Commissioner Rogers SECONDED the motion. Commissioner Bryson stated, because he had commented on the issue at the previous Commission meeting he would recuse himself from voting on the plat at the Borough Commission level, but would vote on the issue at the Citv level. PLANNING & ZONING COMMISSION MEETING APRIL 22, 2009 PAGE 2 1 Brockman I Yes Koester j Yes I Romain Absent Wells Absent Twait I Yes I Bryson Yes Rogers Yes ITEM 5: PUBLIC BEARINGS (Testimony limited to 3 minutes per speaker.) 5-a. PZ09-19 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the following sections of Kenai Municipal Code by amended: 1) KMC 14.25.040(b) by requiring a six-foot high wooden fence or masonry wall be constructed to shield between residential. and commercial uses; 2) KMC 14,25.045 by providing that property adjacent to residential zones should provide ingress and egress to route traffic away from residential streets and providing that some development may be required to provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply for variances. Kebschull reviewed the resolution and noted the following: • The proposed amendment to KMC 14.25.040 would provide a better buffer between residential and commercial development, and would require a six-foot high wooden fence or masonry wall to shield one area from the other. • The proposed amendment addresses ingress and egress for commercial developments away from the residential streets. • The amendment would provide a mechanism for a developer to apply for a variance from the landscape/site plan regulations. The floor was opened for public hearing. Kristine Schmidt, 515 Ash, Kenai -- Reviewed her email submitted to the commission at the beginning of the meeting, expressing concern with the screening, frontage road, and variance amendments. Schmidt requested the resolution be postponed for additional review at a work session. `" Colleen Ward, 708 Magic Avenue, Kenai -- Stated concern with the screening amendment and suggested it needed refined criteria. There being no one else wishing to speak, the public hearing was closed. 1604 Karen Koester MOVED to approve Resolution No. PZ09-19 and Commissioner Bryson SECONDED the motion, Commission comments included: PLANNING & ZONING COMMISSION MEETING APRIL 22, 2009 PAGE 3 m • A question of whether fences would be required or would someone need to request one be placed. Answer: As written, a fence would be required, however one could apply for a variance if not wanting to place a fence. • Suggestion another work session be held to discuss further the buffer issue. • Concern of including masonry wall to use as a buffer when none are used in the area. Would not object to another work session on the issue. • When site plans are submitted, they would be reviewed to determine if a buffer (fence) would be appropriate on a case -by -case basis. • Use of a masonry wall would be a prerogative (less maintenance, etc.). Commission's comments at its work session on the issue was no chain link fence with slats. • Expression of support of the resolution, based on the answers to the questions asked. Commissioner Bryson MOVED to postpone PZ09-19 to take back to a work session. Commissioner Rogers SECONDED the motion. 'i• • •• •t 46 k Brockman Yes Koester Yes Romain Absent Wells Absent Twait Yes I Bryson Yes 1 Rogers Yes 5-b. PZ09-20 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to: 1) change the uses of personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries from principal permitted uses (P) to conditional uses (C) in the Limited Commercial Zone (LC); 2) change mobile home parks from conditional use (C) to not permitted (N) in the Limited Commercial Zone (LC); 3) change automotive repair from not permitted (N) to conditional use (C) in the Limited Commercial Zone (LC); 4) adding language to footnote 25 to clarify that tattoo parlors are personal services; and; 5) requiring tattoo parlors to have a conditional use permit in the Townsite Historic Zoning District (TSH). Kebschull reviewed the resolution and noted the following: • Amendment to personal services, would change some from principal permitted uses (P) to conditional uses (C) in the Limited Commercial zone (LC). • Automotive repair would be reclassified from not allowed (N) to conditional use (C) in the LC zone. PLANNING & ZONING COMMISSION MEETING APRIL 22, 2009 PAGE 4 am • Requiring conditional use permit for some uses in the LC zone would allow for greater public input, • Mobile home would be reclassified from conditional use to not allowed in the LC zone. • Tattoo parlors, considered to be personal services, would require a conditional use permit in the TSH zone. The floor was opened for public hearing. Charles Winegarden, 309 Princess, Kenai -- Stated he did not believe the zone was the correct one for across from the high school or the area where a beauty salon exists. Spoke in opposition to the resolution. Kristine Schmidt, 513 Ash Avenue, Kenai -- Stated concern for current businesses that would not be able to expand because of the changes to the zone, Spoke in opposition to the resolution, Todd Wortham, 47586 Grant Avenue, Kenai -- Stated he agreed supported the changes but felt the personal services should be left as permitted uses. Mark Schrag, 312 Princess, Kenai -- Stated he felt the resolution required additional review and a more collaborative effort should be made with people who would be affected by the changes. Kathy Johnson, 5348 Kenai Spur Highway, Kenai -- Stated she chose to purchase her home and build her beauty salon in the LC zone, but was concerned the changes may prevent her from selling her business in the future. Mark Grieger, 37125 Moser Street, Kenai -- Stated he worked for Anthony's Transmission and suggested the LC zone be upgraded to a conditional use or full commercial use and was concerned the changes would not allow the busine t b expanded. ss o e Alex Perez, 5584 Kenai Spur Highway, Kenai -- Stated he was an employee of Anthony's Transmission and wanted the business to be able to expand to better serve the community, Steve Payment, Jr., 35224 West Brook Drive, Kenai -- Stated concern the changes to the zone would not allow expansion of the business. Anthony Pisa, 5584 Kenai Spur Highway, Kenai -- Stated he was the owner of Anthony's Transmission and was concerned with the changes and wanted to be able to expand the business. PLANNING & ZONING COMMISSION MEETING APRIL 22, 2009 PAGE 5 -111- Colleen Ward, 708 Magic Avenue, Kenai -- Stated concerns related to consistently applying conditional use permits, pre-existing businesses, and more time was needed to review the changes to the zone. There being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Koester MOVED to approve PZ09-20 and Commissioner Bryson SECONDED the motion. Commission and administration comments included: • Could understand the concerns with wanting to be able to expand a pre- existing business in the zone. • The change of zoning for the area where the transmission business was situated was made several years back. • Wants to be sure pre-existing businesses are able to expand, sell, etc. • Consider clarification of how many stations would be allowed at a salon with respect to the LC zone. • The proposed changes would allow the pre-existing transmission business to apply for a conditional use permit and variance and the Commission could place conditions on the permits if needed. • The salon conditional use permit would stay with the property. • An appraiser contacted Administration and stated he felt the changes to the zone would not hurt the value of the salon property. • Personal services, if changed to requiring a conditional use permit, each would be considered by the Commission and approved if it would fit in the area provided. • Comments of support from all commissioners present. • The Commission had given a lot of review to the amendments and felt a decision needed to be made. Brookman Yes Koester Yes Romain Absent Wells Absent Twait Yes ; Brvson Yes Rogers Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS -- None. ITEM 7: PLANNING & ZONING COMMISSION MEETING APRIL 22, 2009 PAGE 6 -112- 7-a. *PZ09-21 - Application for a home occupation permit for a daycare for the property known as Lot 5, Block 2 Sungate Park Subdivision (640 Tern Place), Kenai, Alaska. Application submitted by Leslie Cottrell, 640 Tern Place, Kenai, Alaska. Approved by consent agenda 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. 1000000007;y , 9-a. City Council -- Council Member Molloy reviewed the action agenda of the April 15, 2009 council meeting which was included in the packet and noted the council meeting were being audio/video streamed from the city's webpage, as well as archived there for viewing after the meeting. 9-b. Borough Planning -- Commissioner Bryson reviewed the agenda and actions taken at the April 13, 2009 Borough Planning Commission meeting which was included in the packet. 9-c. Administration -- City Planner Kebschull noted the following items: • Referred to the city attorney's memorandum included in the packet related to MAPS Special Zone District Questions. • The MAPS Special Zoning District petition package would be reviewed at a future work session. • The cell tower ordinance with suggested changes from Commission work session review, was nearly finished and a work session would be scheduled upon its completion. • Quarterly reports were included in the packet. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11. INFORMATION ITEMS 11-a. Proposed Amendment to KMC 14.20.270 (Councilor Malloy) P&Z Resolutions Quarterly Report - lst Quarter 2009 11-b. Building Permits Quarterly Report - Is, Quarter 2009 11-c. Code Enforcement Quarterly Report- Ist Quarter 2009 PLANNING & ZONING COMMISSION MEETING APRIL 22, 2009 PAGE 7 -113- ITEM 12: COMMISSION COMMENTS & QUESTIONS -- None. ITEM 13. Commissioner Brockman 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 adjourned at approximately 8:07 p.m. Minutes prepared and submitted by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING APRIL 22, 2009 PAGE 8 -114- KENAI BEAUTIFICATION COMMITTEE SPECIAL MEETING APRIL 14, 2009 7:00 P.M. KENAI COUNCIL CHAMBERS ITEM 1: CALL TO ORDER & ROLL CALL ITEM 3: NEW BUSINESS a. Discussion -- Flower Bed Design ITEM 4: ADJOURNMENT -115- • r �. MEETINGSPECIAL APRIL 009 t P.M. COUNCILKENAI CHAIR RAY SHEARER, PRESIDING MEETING SUMMARY Chair Shearer called the meeting to order at approximately 7:08 p.m. Roll was confirmed as follows: Committee Members present: M. Dimmick, L. Seymour, K. Shearer, P. Baxter, and T. Canady Committee Members absent: L. Stanford and S. Lovett Staff/Council Liaison present: Mayor P. Porter, Parks & Recreation Director B. Frates A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Committee Member Dimmick MOVED to approve the agenda as presented and Committee Member Seymour SECONDED the motion. There were no objections. SO ORDERED. ITEM B: NEW BUSINESS $-a. Discussion -- Flower Bed Design Committee members discussed design of the ReMax, Memorial Park, Erik Hansen Park, Blue Star, Visitors Center flowerbeds and selected flowers for planting in the beds. ITEM 4: ADJOURNMENT MOTION: Committee Member Baxter MOVED to adjourn and Committee Member Seymour SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 9:30 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk -116- COMMITTEESPECIAL MINI -GRANT STEERING •0 0• CLERK/COUNCIL•' • • KENAI CITY HALL ITEM 3: ODD BUSINESS a. Review of Application -- Kaleidoscope School of Arts & Sciences/"Kolor the Kenai IP' ITEM 4: ADJOURNMENT -117- APR,APRIL 15, 2009 CLERK/COUNCIL.. -+, PORTER,KENAI CITY HALL CHAIR PAT PRESIDINGi ITEM 1: CALL TO ORDER & ROLL CALL Chair Porter called the meeting to order at approximately 4:05 p.m. Ro11 was confirmed as follows: Members present: P. Porter, T. Baldridge, T. Wisniewski, P, Carty Members absent: L. Reese A quorum was present. ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3: OLD BUSINESS 3-a. Review of Application -- Kaleidoscope School of Arts & Sciences/"Kolor the Kenai II" It was noted, review of the application was tabled from the February meeting in order to obtain additional information in relation to other park projects. MOTION: Member Wisniewski MOVED to approve the application and Member Carty SECONDED the motion. There were no objections. SO ORDERED. ITEM 4• ADJOURNMENT MOTION: Member Carty MOVED for adjournment and Member Wisniewski SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 4:25 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk sm ADVISORY CEMETERY COMMITTEE APRIL 16, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- February 19, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Robert Jones, Anchorage Memorial Park Cemetery Director -- Cemetery Design Elements ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORT a. Committee Chair b. Director C. City Council Liaison ITEM 8: COMMITTEE MEMBER COMMENTS AND QUESTIONS 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. ITEM 11: -119- CITY COUNCIL ►( P.M. ELDER,CHAIR B.J. 1► MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Elder called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Committee members present: B. Elder, J. Buffington, K. Mohn, and B. Harrison Committee members absent: None Staff/Council Liaison present: Mayor P. Porter, Parks & Recreation Director B. Frates, and Public Works Director, W. Ogle A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Committee Member Mohn MOVED to approve the agenda as presented and Committee Member Harrison SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- February 19, 2009 MOTION: Committee Member Buffington MOVED to approve the meeting summary of February 19, 2009 as presented and Committee Member Harrison SECONDED the motion. There were no objections. SO ORDERED, 140 4-a. Robert Jones, Anchorage Memorial Park Cemetery Director -- Cemetery Design Elements Mr. Jones gave a brief introduction of his background and experience, along with a historical perspective of the Anchorage Memorial Park Cemetery to present-day use. The general design of the Anchorage cemetery was shared, including some of the challenges dealt with, both administratively and maintenance -wise as related to design. A wide range of questions were asked of Jones, including, but not limited to pathways; roads; use of columbarium (including trends and costs); marking of graves; security; vault use; row marking; and, irrigation. -120- ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS -- None ITEM 7: REPORT 7-a, Committee Chair -- Thanked Mr. Jones for his attendance and information. 7-6. Director -- Thanked Mr. Jones and advised the committee members to forward other questions they may have to him and he would forward them to Jones. 7-c. City Council Liaison -- Mayor Porter reviewed action agendas included in the packet, noting recent council actions and gave a brief report of actions taken at the April 15, 2009 council meeting. ITEM 8: ITEM 9: ITEM 10: 10-a. ITEM 11: Kenai City Council Meeting Action Agendas for March 18 and April 1, 2009. ADJOURNMENT Committee Member Mohn MOVED to adjourn and Committee Member Harrison SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 8:15 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk ADVISORY CEMETERY COMMITTEE MEETING APRIL 16, 2009 PAGE 2 -121- I hOl 4 6 109 KENAI PENINSULA BOROUGH Office of Emergency Management { 253 Wilson Lane ® Soldotna, Alaska 99669-7932 oS PHONE: (907) 262-4910 • FAX: (907) 714-2395 www.borough.kenai.ak.us www.kpvolunteers.org April 22, 2009 Mayor Pat Porter Manager Rick Koch City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Porter and Mr. Koch, We're writing today to thank and commend the City of Kenai Fire Department for its active role in community emergency preparedness. Over the last several years, under Chief Tilly's very capable leadership, the Department has proactively engaged in emergency preparedness at many levels. We particularly commend the Chief for his involvement in the Community Emergency Response Team (CERT) program. The Kenai Fire Department has been active with the CERT program since the first Train -the -Trainer class in 2001. The CERT program is a partnership between first responders and the communities they serve. The City of Kenai encompasses 28.9 square miles of varied landscape. There is a very present possibility that events such as floods, volcanoes, earthquakes and weather extremes (to name a few!) may drastically affect the city and it may be days before emergency responders and supplies can reach affected areas. CERT training equips individuals to care for themselves and work as a team to care for their neighborhood and surrounding community until help arrives. In addition to providing CERT classes, the Department recently invited the Kenai CERT volunteer group to tour the stations and dispatch center and began monthly training sessions in anticipation of a neighborhood -level disaster drill in August. The Department has also used portions of the CERT curriculum to provide basic response skills to teachers and staff in all the Kenai schools! The excellent work and leadership of the Kenai Fire Department is of great value to the communityl We deeply appreciate the City's commitment and involvement in preparedness! Sincerely, i Scott Walden Emergency Management Coordinator cc: Chief Mike Tilly XQ4 cL Glenda Landua Project Coordinator -123- low MIILHk t lil 1 Ako sIJLTINc l G ROU1� i aM April 2, 2009 Mr. Rick Koch City Manager City of Kenai 21.0 Fidalgo Avenue Kenai, AK 99611 Dear Rick: We are delighted to have worked on behalf of the City of Kenai. The following is a summary of activities that JCG has undertaken on your behalf during March. • Contacted, David Ramseur of Senator Begich's office and .Arm Fuglvog of Senator Murkowskl's office to convince them to file an amendment to the fiscal year 2009 Consolidated Appropriations Hill to restore the legislative authorization for the Army Corps of Engineers to perform coastal erosion -related projects in Alaska, which was originally authorized as section 117 of Public Law 108-447. • Provided status updates on the progress of this legislation and the amendment that was ultimately filed. • Coordinated with Roy Jones, the DC lobbyist for the Alaska Federation of Natives to help increase support for this amendment. • Followed up with Roy Jones to strategize about restoring Section 1 17 authorization in the fiscal year 2009 War Supplemental Appropriations bill expected to be considered by Congress in April 2009. • Worked with Terry Eubank of the City of Kenai and Roy Jones to compile demographic data about the City of Kenai to support a possible colloquy or report language to accompany an amendment restoring Section 1.17 authorization. • Submitted a memo summarizing the status of the bluff erosion project and the recommended legislative steps forward. We are pleased to have had the opportunity to work on the City of Kenai's behalf and look forward to possibly working for the city in the future. Please do not hesitate to contact me with questions or concerns at any time. Sincerely, Nathan ButzIaff Director Enclosure Jefferson Consulting Group, LLC 1401 K Street, N.W., Suite 900, Washington, DC 20005 (202) 626-8550 Pax (2021 626-8578 www.jeffersonconsultingxorn -125- April 28, 2009 (907) 258-9304 office 2009-83 (907) 3504846 cell Alaska to Receive $49 Million in Army Corp Projects Recovery Act funds 18 projects including Anchorage Fort Communities across Alaska stand to benefit from $49.7 million in Army Corps of Engineer projects funded by the American Recovery and Reinvestment Act (ARRA). The funding is part of $4.6 billion appropriated to the Corps for its Civil Works program. The funding for Alaska is broken down into three areas including $31.7 million for Operations and Maintenance; $16 million for Construction; and $1.8 million for Investigations. The work conducted across the state will fund upgrades for Alaska's ports that will increase commercial viability in many areas. Included in this finding is $234 million for dredging the Port of Anchorage. "The Army Corps has a storied history in the state of Alaska," Sen, Mark Begich said. "Their work has helped countless Alaskan communities and they remain on the forefront of Alaska's ongoing battle with erosion. This funding is especially welcome as it will provide important upgrades to ports and other waterways which can only improve commercial activity in these areas." Other major construction activity in the funding includes $7 million for the first phase of a small boat harbor in Akutan and $4,5 million for the completion of a project in the Seward Harbor. For a complete list, go to www:usace.armv.rni]/recaverv(C aacslProjeets.asx. -126- ARRA 2009 Army Corps of Engineers Civil Works Expenditure Plan Project Name Corps District Work Description Planned Allocation (000) Investigations Issue contract for State of Alaska Regional Harbor ALASKA REGIONAL PORTS, AK AK Development study 240 Award contract for hydraulic analysis and participation in ANCHORAGE HARBOR DEEPENING, AK AK ship simulation modeling. 150 war contract for design analysis to inttude wave KENAI RIVER BLUFF EROSION, AK AK hindcast and revetment design 300 Award contract for economic analysis, environmental studies and geotechmcai LITTLE DIOMEDE HARBOR, AK AK investigations 250 Issue contracts for airborne laser mapping surveys in conjunction with US Geological Survey, wetlands mapping in conjunction with Fish and Wildlife Service, MATANUSKA RIVER WATERSHED, AK AK wetlands delineation assessment, and data gap analysis. 300 MCGRATH, AK AK Award contract for engineering and design work. 250 Award contracts for hydropower evaluation, cost WHITTIER BREAKWATER, AK estimating, seeping meeting facilitation. 400 Investigations Total 1,890 Construction Award first phase construction of general navigation features(rubblemound breakwater and dredging for AKUTAN HARBOR, AK AK commercial small boat harbor. 7,000 ALASKA ENVIRONMENTAL, AK AK Award contractto construct waiertreatment plant. 3,000 Award construction contract for mitigation features and breakwater extension, Completing construction of SEWARD HARBOR, AK AK project. 4,522 Award contract to complete project plans, specifications and cost SITKA HARBOR, AK AK estimate for harbor. 1,522 Construction Total 16,044 Operations and Maintenance Dredging in front of new intermodal dock facilities to-35 ANCHORAGE HARBOR, AK AK ft MLLW, 23,499 Remodel Project office to comply with American w/ Disabilities Act; perform energy upgrades; replace underground fuel tank and heating system to meet CHENA RIVER LAKES, AK AK Environmental Compliance requirements. 4,600 Repair/replace non functioning relief wells and tie in well CHENA RIVER LAKES, AK AK elevations to dam crest. 900 Award option to existing dredging contract to remove a CORDOVA HARBOR, AK AK shoal blocking the entrance to the Cordova harbor. 700 Remove additional sediments from sediment trap to keep entrance channel clear through 90% of the open NOME HARBOR, AK AK water season. 200 Update vertical datum at approximately 10 Alaska PROJECT CONDITION SURVEYS, AK AK coastal projects to meet CEPD requirements. 11000 Perform sediment chemical characterization analysis for in -water disposal approval and remove entrance channel and inner harbor sediments to provide access to SEWARDHARBOR, AK AK facilities. 900 Operations and Maintenance Total 31,799 Grand Total 49,733 - -127- DEFT. OF ENVIRONMENTAL CONSERVATION r r.I III: :, ,: April 10, 2009 Dear Alaskan: Sp'dRAH PALIN, GOVERNOtl, 555 Cordova Street Anchorage, AK 99501 Phone: (907) 259-7502 Fax: (907) 259-7509 maichaellewisf lasha.a®® To date ADEC has funded Alaska sanitation infrastructure projects with a total of over $411,823,055 mullion dollars through the Alaska Clean Water Fund and the Alaska Drinking Water Loan Fund. Below market -rate loans are offered at 1.5% for 20-years under both the Alaska Clean Water Fund (ACWF) and Alaska Drinking Water Fund loan programs. Unique to this year's funding is the inclusion of American, Recovery and Reinvestment Act (ARRA) of 2009 funds. ADEC's allocation of ARRA funds applied to projects between the Alaska Clean Water Fund (ACWF) and the Alaska Drinking Water Fund (ADWF) are $23,255,000 and $18.295,400, respectively. ADEC intends to fund a majority of these projects with a 909/6 subsidy through principle forgiveness. The remaining unsubsidized amount will be treated as a conventional loan through our program. In order to offer this type of subsidized funding assistance throughout the State equitably, ADEC has placed a $2,000,000 (or $4,000,000 for combining utility systems) limit on funding per community/system in each loan program. Additional grant funds will also be secured from EPA through our annual capitalization grant process. Total program funding including capitalization grants and other program funds is apprmcirnately $44 million for the ACWF and $50 million 'or the ADWF. To address funding for both programs, each Intended Use Plan (IUP) was divided into two parts: Part I which addresses issues related to ARRA funding, and Part H which addresses issues related to the annual program funds. In addition, project priority and planning lists in the appendices were modified to meet conditions under both funding sources. Lists this year include three grouping of projects: 1. ARRA eligible projects ready for commitment and construction started by dune 17, 2009, 2. ARRA eligible projects ready for commitment and have a construction contract in place by no later than February 17 , 2010, 3. Non-ARRA and/or regular fund eligible projects (see enclosure), ARRA has special provisional requirements in addition to standard program requirements. These requirements may be referenced in the enclosed document titled" Summary of Final American Recovery Reinvestment Act of 2009". Also, one provision that can provide additional subsidy for a project, is the need under the ARRA grant that at least 20% of funds allocated must be for "Green Infrastructure" type projects. -128 To encourage green project development, ADEC will offer a 100% subsidy for any project or component of a project that qualifies. Additional information on green infrastructure may be referenced in the attachment titled "Green Infrastructure Approaches to Managing Wet Weather with Clean Water State Revolving Funds". To assist communities interested in identifying eligible projects or projects that have eligible green components, program staff engineers will contact and/or offer assistance as needed. Please take this opportunity to provide input on the draft IUP or either loan program. A 30-day period for public comment on the draft IUP documents will begin on April 13, 2009 Any comments regarding this unique funding opportunity as well as ways in which we can improve the funding process are welcome. Please write or e-mail either: Mike Lewis Dept. of Environmental Conservation Division of Water 555 Cordova Street Anchorage, AK 99501 Telephone: (907) 269-7616 Email: mike _lewisvdeastate. ak.us The Final Intended Use Plans will be prepared and mailed to you after we have considered all public comments. For full copies of the draft IUP, please call me, or refer to the internet at ADWF: \Arww,state.ak.us/dec/dfeo/adwfdraftiuol0,pdf ACWF: unvw.state.ak.us/dec/dfeo/acwfdraftiup10.pdf We look forward to hearing from you.. Sincerely, / k Michael P. Lewis Program Manager Enclosure: DRAFT 2010 Alaska Clean Water Fund Intended Use Plan Funding List DRAFT 2010 Alaska Drinking Water Intended Use Plan. Funding List Summary of Final American Recovery Reinvestment Act of 2009 (General Provisions related to State Revolving Loan Fund Programs) Green Infrastructure Approaches to Managing Wet Weather with Clean Water State Revolving Funds -129- ALASKA CLEAN WATER FUND DRAFT - Point Source Funding Priority List GROUP 2 - ARRA Eligible Projects With Loan Subsidy Commitment and Construction Contract Signed by February 17, 2010 (Project Funding Under PART 1 of the ]UP) Fiscal Year 2010 Loan GREEN GREEN Cumulative Principle Project Project Project Commitment Construction Amount Amount Forgiveness Eligibility Eligibility System Owner Project Title Number Seem Dale Date Nominated Re onosted suhsidv* tit^- Arrror,,,r Ketchikan Palmer Skagway Petersburg Petersburg NeM4'ole-`- Kenj..�- Tongass Avenue Sewer Replacement Phase II Wastewater Treatment Plant Improvements WWTP MBR Upgrade Noseeum St. Sewer Gauffin Street Sewer ker lloctbSi G wgr Frrension---- .._.___-633191.-__3 enai Bridge Access Road Sewer Main 48t071 671161 785061 685371 685101 475051 520 480 480 370 350 0 350 1/1l2010. 7/1/2009 9128/2009 4/2012009 V2012009 __ 71112010 212312009 2/23/2009 8/1/2009 811/2009 5l3/2aQ__-1-Q-000,000 4,797,250 25,026,500 4,000,000 261 430 195,800 9,837,750 34,864,250 38,864.250 39,125.680 39,321,480 39.327..4 2,000,000 " 2,000,000 ^ 2,000,000 " 235,287 176,270 15% 20% 20% 15% 15% --NIA- 15% e29,588 5,005,300 800.000 39.215 29 370 -_ - 549,600 ___10_/6(2009 101212.009 41212010 1,664,000 52,985 480 2,000,000 " Petersburg Vail ne Street Sewer - -- '4472IIif009- - iTiT1f�69- - .--- ""'16,657' _ _ 15In " - 29,676 685111 345^ 83,� Petersburg Second Street Sewer 685151 345 4/20/2009 10/1/2009 75,570 53,258,891 68p13 15% 11,336 Petersburg Odin Street Sewer 685131 345 4120/2009 1011/2009 103,400 53,362,291 93,060 15% 15,510 Ketchikan Jackson StAthi7th Avenues Sewer 481081 260 111/2010 71112010 4,806,548 58,168,839 0 " WA Soldolna Sewer Lift Station Upgrade 791171 175 4/2212009 7/t/2009 475 000 68,643,839 427,500 25% 118,750 North Pole Sewer Main and Manhole Rehabilitation 633201 170 1016/2009 5/1/2010 2,600 000 61,241839 0 `" NIA Palmer _ Water & Wastewater SCADA Control & Surveillance 671171 170 6116(2009 7/112009 1,700,000 62,943,839 0 "" N/A Palmer Lift Station No. 1, 2 and 3 Piping Upgrades 671181 170 6/16/2009 7112009 2,000,000 64 943 839 0 " NIA Sitka Brady Street Sewer Rehabilitation 783261 170 5/2712009 2/812010 620,000 65,563,939 558,Do0 15% 93,000 Sitka Oia Street Sewer Main Replacement 783261 170 5/13/2009 7/15/2009 250 000 65,$13,839 225,000 15% 37,500 Palmer Sewer Main Upgrades 671191 155 6/16/2009 6/20/2009 2,000,000 67,813,839 0 - NIA Kenai Wastewater Treatment Plant Upgrades 475041 155 1lot 12009 10112/2009 486,000 68,299,839 0 " 20% 97,200 Homer Sanitary Sewer Rehabilitation 409141 150 4/30/2009 7/15/2009 1,800,000 70,099,839 1,620,000 15% 270000 Soldolna Robin Street Sewer Installation 791181 145 4/22/2009 7/1(2009 198,900 70,297,839 178,200 0% 0 Soldotna Soldotna Avenue Sewer Mainline Installation 791191 145 412212009 71112009 372,500 70,670,339 335.250 0% 0 Soldotna Centennial Park Road Sewer Improvements 791201 145 4/2212009 7/3/2009 720,000 71,390,339 648,000 15% 108,000 King Cove Downtown Wastewater System Upgrades 487051 145 514/2009 813/2009 1,483,000 72,873,339 1.334,700 15% 222.450 Homer STP Bm-Solids Treatment Improvements 409161 145 5/19/2009 619(2010 5,245,000 78,118,339 380,000 `• 0% 0 North Pole Industrial Force Main 633211 145 1016/2009 5/1/2010 3,000,000 81,118.339 0 `* NiA Petersburg Pumpstation 5 Upgrade 685211 145 4120/2009 9012009 340,000 81 458,339 306,000 251Y. 85,000 Wrangell Cassiar Street Sewer System Rehabilitation 917101 140 2/1712009 9/15/2009 - 462,541 81,920,880 416,287 15% 69,381 Sand Point Wastewater improvements 757031 135 7/1/2009 91V2009 874800 82 795,680 787,320 20% 174,960 Fairbanks North Star Borough Grewden Park Sewer Upgrade 339061 125 8f312009 8131/'2009 265:000 83,080,680 256,500 15% 42,750 Matanuska Susitna Borough Sludge Storage Cell Construction 561171 125 9/30/2009 913012009 650 000 83,930,660 765,000 25% 212.500 Silks Sawmill Creek Road Sewer Upgrade, Phase 3 783281 65 5/13/2009 10M2/2009 1,900 000 85,830,680 798,950 °` 15% 285,000 --GREEN TOTAL $8,926,085 ' Criteria for loan subsidies may be referenced on page 8 under Part I of the NF, and actual subsidy for a project may be increased upon final determination of an enable 'green' work component "The "maximum" $2,000 000 subsidy cap for projects has been reached for the Community under the ARRA grant, unless the project is ter combining two separate trinity systems into one, The "maximum" is then S4 000,000. Also, any pmjeds with a "a" amount of loan subsidy due to a community already meeting their "maximum cap' subsidy, or exceeding their $2,500 000 ($5000,00e for a mmbined system projec0 maximom ARRA funding total cap (subsidy and financed amounts), will only be funded with funds coming from Pan 11 (non-ARRA funds) of the IUP. In addition, if a project is funded by Part fl funds only, affected projects will be funded in order of ranking under projects listed in Group 3_ An explanation of a "Green" project may be referenced on page 9 under Part i of the IUP -- This total represents a preliminary estimate of eligible "green" project funds being utilized. The required 20% minimal reserve under the ARRA grant for projects is $3,900,000 J C ALASKA DRINKING WATER FUND DRAFT Funding Priority List GROUP 2 - ARRA.Eligible Projects Commitment and Construction Contract Signed by February 17, 2010 (Project Funding Under PART I of the IUP) Fiscal Year 2010 Cumulative System Owner Project Commitment Construction Amount Amount Pmie,l Till. Loan GREEN GREENin Principle Project Project Forgiveness Eliaibifity p1m hart.. C. '"•'GREEN I"OTAL $6,162,742 Cntena for loan st5stlies m-ay he mterancad gn pane 8 o,dar Part i of the IUP, and adrei subsidy for a pr i ecl may be rorreased upon final Orr, ennfnalion of an eliglhie "green r k -.ompen?lit The'maximum" $2,000,000 subs dy cap forprojeer; has been reached for the commomh under the APRA grant, Unless the project Is for c irrtng Mao sena ate uliltly gnlems into oge, the ac:m!im" Is them S4,900,000. Also any prof cts r IHr a "D nu +1 or lga yr bs d4 die to ^o nmm Jolty al >3d7 et the r maximum cap" sJb dy or exceed g th fr 500lino Ica nn0 a^C r a _ _ h .ed y f p..f ,i) maxlmu A ks a d ng toaoff cap (s,Rl,, , 1 r j _aid a e !s+ U only be fi nded nth C ds rmgg from Part 11 (non-APRA ru. ds) of the vvp 1 ad filloq t a p gimy Is &mdJ by Pay II Po 1, nriy, afigied ❑t weds v, II be funded in gMsr er ranY ng uodar pmJ=cis I!s(rstl m Gro+p 3. n. Aor ,tanauoq ore -Green " pmject maY be referenced oo page 9... Mer Part I of the IIJP 1. 5/6/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. 4/20/09, Peninsula Clarion article entitled, "Urban Development, Growth is a Two -Way Street" by Maya Johnson. 3. 5/2009 Public Works Department, Project Status Report. 4. 4/30/09 T. Eubank, Finance Director memorandum entitled, Quarter Ending March 31, 2009 Investment Report. 5. 4/30/09 T. Eubank, Financial Director memorandum entitled, Quarterly Financial Report. 6. 4/29/09 B. Molloy memoranda: -- Public Records Request Form/Ordinance No. 2396-2009 New Fees/Ordinance No. 2396-2009 Deliberative Process Records/Ordinance No. 2396-2009 7. 3/09 Alaska Miners Association, Inc., "Economic Impacts of Alaska Mining Industry on the State of Alaska," January 2009. 5/5/09 Kenai Peninsula Borough Assembly Meeting Agenda. -133- PURCh.,,sE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: MAY 6, 2009 VENDOR DESCRIPTION DEPT, ACCOUNT AMOUNT LOWE'S FERTILIZER PARKSIBEAUTIFICATION OPERATING SUPPLIES 6,708.00 DELL MARKETING VLA SQL SERVER FINANCE SOFTWARE 4,18523 KACHEMAK ELECTRIC INSTALL 3 LED FIXTURES BUILDINGS REPAIR & MAINTENANCE 4,039.00 DELL MARKETING OPTtPLEX PACKAGE LIBRARY COMPUTER EQUIP. 2,615.00 WESTERN MICROFILM & IMAGING CONVERT IMAGES TO MICROFILM CLERK PROFESSIONAL SERVICES 6,050.00 YUKON EQUIPMENT MISC. SWEEPER BROOMS STREETS OPERATING SUPPLIES 13,24&00 �NORTtI =RN TECHNOLOGY DELL OPTIPLEX MINITOWERS LIBRARY COMPUTER EQUIP. 2,75&00 W .p WINCE, CORTHELL, BRYSON MISC. ENGINEERING & REZONE SERVICES AIRPORT PROFESSIONAL SERVICES 6,500.00 ALASKA SURE SEAL CRACK SEALING AIRPORT REPAIR & MAINTENANCE 14,985,00 W Cn RK - Rick Koch WO - Wayne Ogle LF - Larry Floyd RF - Bob Frates City Contact Project Name Status WO Airport Runway Safety Zone/Extension Project complete except for re -painting. Completion 6115/09. WO Airport Runway Safety Improvements: Alaska Roadbuilders - construction underway. Taxiways F,G,H Lighting, Grading, Drainage - 2009 WO AP A ron Rehabilitation — 2009 - 2010 WCB — Bid Op enin 5/7/09. BF Boat Launch Ramp Plank Replacement - Furnish and install approximately 30 concrete planks. 2009 Bid opening 5/12/09. RK Bridge Access Road — Water Main Ext. Awaiting proposal for engineering from Wm. J. Nelson WO Contaminated Soils — Shop Further work in progress, WO Courthouse Parking Lot Council to consider awarding construction contract 5/6/09. RK Kenai River Bluff Erosion Control Project The Corps has received funds to help with the design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring wells. WO LED Streetlight Installation Conversion of main thoroughfare street lights to more energy efficient LED lights. Bids due 5/12/09. WO Library Expansion ECl/flyer, Inc. issued schematic design report 2/25/09. City is ne otia Ing contract for additional design work. WO Marathon Road — Phase II HDL engineering. Project out to bid in May. Baron Park & HEA Access Road WO Marathon Road Improvements Final completion by 5/15109. Winter shutdown. WO S. Ames & Basin View Way Paving LID North Star Paving - construction underway, WO Thompson Park LID Project complete except for minor items inspring. LF Vintage Pointe Dry Pipe Sprinkler Alaska Automatic Fire Protection — construction System Replacement underway, LF ' Vinta e Pointe Window Replacement Worldwide Roofing — construction underway RK Water System HDL is conducting further investigations in vicinity of IWell House No. 2. WO Wildwood Drive Improvements Preliminary engineering complete. ROW issues. Project on hold. Updated 4/27/09 -136- "Village with a Fast C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Meu%yof Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 KENAI, ALASKA U TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director I. f DATE: April 30, 2009 SUBJECT: Quarter ending March 31, 2009 Investment Report City of Kenai Investment Portfolio At March 31, 2009 the City had investments with a market value of $23,043,647 that is down from $23,929,556 at December 31, 2008. The City's portfolio is yielding 2.41% compared to 2.96% at December 31, 2008. Many of the City's investments contain call provisions that are being exercised by the issuers. Bonds that are called are being reinvested but at lower rates accounting for the decrease in the portfolios performance. This is a trend that is expected to continue until rates recover. Citv's Investment Portfolio US Agency Securities $ 17,176,460 AML Investment Pool 236,444 Wells Fargo Money Market 3,106,059 FDIC Insured Certificates of Deposit 1,960,784 Bank Balance 563,910 Total $ 23,043,647 Airport Permanent Fund Investment Portfolio The first quarter 2009 was turbulent for the portfolio. January and February were marked by continued market declines. in early February the portfolio was adjusted to the minimum level of equity holdings in an effort to limit its exposure to market declines in equities. The portfolio was once again adjusted to the desired segment weights in March as the market stabilized and began a modest recovery. Returns for January and February were negative with some recovery in March. In total the portfolio was down $1,645,262 in the first quarter 2009 or 9.22%. Inception to date the portfolio is down $1,041,357 or 6.52%. -137- CITY OF MARCH 31, 00» Cash & Cash Equivalents Wells Fargo Checking Wells Fargo Secured Money Market FDIC Insured Certificates of Deposit Alaska Municipal League Investment Pool Total Cash & Cash Equivalents Government Securities Maturities Less than 1 Year Maturities 1 to 2 Years Maturities Greater than 2 Years Total Government Securities Total Portfolio Investment Portfolio - Purchase Price $17,063,172 Investment Portfolio - Fair Value 3/31/09 17,176,450 Fair Value Adjustment - 3/31/09 113,278 Fair Value Adjustment - 07/01/2008 86,658 Change in fair Value FY2009 26.620 Fair Market Value $ 563,910 3,106, 059 1,960,784 236,444 5,867,197 8,085,790 3,074,530 6,016,130 17,176,450 Portfolio Liquidity Current Yield 0,88% Average Yield 3.19% 3.73% 2.17% s�s,ow,aoo � OWN i slz,000,aoo 1 se,000.wo j Sa oao wo so LiqultlAy 2i)%Minimum Maturity 1 .2 years Maturty aver 2 years ___ 30%Maxlmum ®Peticy ldinimaMMaximum ®Actual :a CITY OF KENAI Investments 03.31.09 COK CITY OF KENAI INVESTMENTS 3/31/2009 03131/09 SECURITY CUSIP original cost Market Value FNMA 3.265 3136F9SA2 2,976,272 3,013,140.00 FNMA 4.125 31398ARCB 1,030,821 1,016,880.00 FHLB 4.6 3133XMYX3. 2,003,750 2,041,880.00 FHLB 2.76 3133XSNA2 1,016,341 997,810.00 FHLMC 3.25 3128X6K54 1,000,000 1,016,080.00 FNMA 2.0 3136FHA08 1,000,000 1,003,440.00 FNMA 2.0 3136FHBBO 1,000,000 1,003,750.00 FHLMC 2.5-Unsettled 3128XBPZ9 2,000,000 2,004,780.00 FHLMC 3.0 3128X7FG4 2,000,000 2,026,780.00 FNMA 4.125 3136F44K7 959,450 1,048,760.00 FHLMC 2.0-Unsettled 3128X80K1 1,999,000 2,004,160.00 TOTAL 16,985,634.11 17,176,450.00 -139- Unrealized Gain EFFECT, DATE DATE or Loss RATE PURCH. DUE Interest 14,070.00 3.68 6/11/2008 8/10/2010 48,976.00 (13,941,44) 1.20 12/30/2008 5/6/2013 20,625.00 21,260.00 4.40 11I2012007 5/20/2011 45,000.00 (18,530.67) 1.20 12/30/2008 12/212013 13,750.00 19,450.00 3.25 1/31/2008 1129MIC 16,250.00 3,440.00 2.00 2/17/2009 2/17/2012 10,000.00 3,750.00 2,00 2/26/2009 2/26/2014 10,000,00 4,780.00 2.50 3/2612009 3/26/2014 60,000.00 54.060,00 3.00 412312008 4123/2010 30,000.00 30,620.00 5.15 8/24/2006 2f17/2011 20,625.00 6,160.00 2.00 3125109 9/25/2012 40,000.00 124,117.89 2.76 Fixed Income Cash & Cash Equivalents Wells Fargo Secured Money Market Total Cash & Cash Equivalents Government & Corporate Securities Government Securities Corporate Securities Total Government & Corporate Securities Total Fixed Income Equities Domestic Equities Standard & Poors 500 Index Standard & Poors 600 Small -Cap Index Standard & Poors 400 Mid -Cap Index Total Domestic Equities International Equities Vanguard Europe Pacific ETF Vanguard Emerging Market ETF Total International Equities Real Estate Vanguard REiT ETF Total Real Estate Total Equities Total Portfolio CITY OF KENAI AIRPORT PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY March 31, 2009 Current or Current Fair Market Value Average Portfolio Target Portfolio 30-Sep•08 31-DecA8 31-Mar-09 Yield Weight Weight Maximum 308210 2373,269 142,089 0.34% 308,210 2,373,269 142,089 18,913,254 4,662,927 7,118,211 2.45% 2.525,755 3,048.828 LAM 16,913,254 7,188,662 10,167039 3.35% 17,221464 9, 561,951 10,309.128 3.31% 63,71% 45.00% 65.0060 - 3,014,377 21995,996 18.52% 20.00% 28.00% - 639,512 - 0.00% 5,00% 10,00% 1,355,115 1,370,06D &47% 10,00% 15.00% - 4,909,004 4,366,056 2&98% 35.00% 50.00% • 1,697,728 1,504,923 9.30% 10,00% 15A0% 799,235 0.00% Lga 10.00° - 2,496,964 1,504,923 9.30% 15,00% 25.00% 857,450 - 0.00.). 5.00% 10_,00% - 857,450 0.0006 5.00% 01 00% 8,263,418 5,870,979 17221,464 17,825,369 16,180,107 -6.62% 100.00% 100.00% 150.00% 550 Md. Goo 3malr{Ep title Mk{aP Index P.ft ETF E.11i, MarNat ETf Irwex ETF ®Curter[ PowkWeight .., ZT.T. Paefdh We4ht ❑Maximum Portfolio WeiPh! Portfolio Performance SUSTAIN A'L%.f; 3 NV"ESTMEN'TTi-iI NKIN(:G April 10, 2009 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; sent via email Enclosed is our March 2009 report for the Airport Permanent Fund, which includes a portfolio appraisal and transactions. Please note that the benchmark performance calculation for the month of March is the actual account return for March. In early April I added to equities, bringing the Domestic Equity, Emerging Markets and Mid -Cap asset class all up to their respective target weighting. As of this writing, the Small -Cap and Real-estate asset class are still at zero (results in approximately 55% fixed -income and 45% equity). I realize that January and February were brutal months but I believe that while things could still very well be volatile, if we move back toward the target ranges now, in six months things will look a lot better. Market moves can be so significant in such short time periods that we do not advocate attempting to time short-term actions. At some future date we might want to talk about changes to the allocation but we should attempt to do so when things are going well and the market is not at a ten year low. At month -end, the market value of the portfolio was $16,180,107 which includes $97,851 in accrued interest. Based upon the composition of the portfolio at month -end the annual cash flow would be $393,462. Thanks Terry. Anything you need or comments let me know. a Bert Wagnon Senior Vice -President -141- mccount Statement - t�uarter tnaing March 31, LUU9 ACCOUNT ACTIVITY MANAGEMENT TEAM Portfolio Value on 12-31-08 17,825,369 Director of Client Relations: Contributions 0 Withdrawals (974} Y P rtf u M Change in Market Value (1,762,297) Interest 89,941 Dividends Portfolio Value on 03-31-09 16,180,107 INVESTMENT PERFORMANCE Current Account Benchmark: Equity Blend Cne, Year Lo Latesfi M.nth nkh � Wane, i bate vau Perforraaneefor Periods One Year and Greater are Aonuoitzed j __ our o o to anagers. Contact Phone Number: U.S. E Laura Bruce, CFP, ChFC Laura@apcm.net Bert Wagnon Bill Lierman 907/272-7575 Alaska Permanent Capital Management Co, PORTFOLIO APPRAISAL CITY OFICENAI - AIRPORT PERMANENT FUND March 31, 2009 Yield Unit Total Market Pet. Annual Accrued to ua Quantity Security _ Cost Cost Price Value Assets lueome Interest maturity U.S. TREASURY 600,000 US TREASURY NOTES 100,31 601,877 101.09 606,562 335 11,250 978 1,64 L87596 Due 02-28-14 523,425 US TREASURYINFLATE)NIND43XNOI S 10192 543,969 106.19 555,812 3.44 12,431 2,610 1 53 2.375% Due 01-15-17 150,000 USTRAASURYNOIFS 99.33 149,999 100,55 150,820 093 4,125 513 269 2.750%Due 02-15-19 Acmwd Interest 4,101 0.03 1,294,844 1,317,296 8,14 4,101 AGENCIES 250,000 BANK OF AMERICA(FDIC GUARANTEED) 100.60 251,507 100,66 251,641 156 4,250 1,157 1,31 1700%Due 12-23-10 350,000 FALB 100.02 350,080 100,34 351,203 2_17 5,687 759 1,44 1 625% Due 01-16-11 250,000 AMERICAN EXPRESS BK (FDIC GUARANTEED) 103.16 257,896 103.33 259,320 160 7,875 2.406 187 3,150%Due 12-09-11 - 1600,000 FNMA 10041 1,004,093 10100 1,010,000 6,24 20,000 4,556 1.63 2000%Due 01-09-12 250,000 GOLDMAN SAC] IS GP (FDIC GUARANTEED) 10368 259,242 104.38 260.945 161 8,125 2,708 L93 3 250 % Due 06-15-12 500,000 INC FUNDING CORP-FDIC GUARANTEED 100,82 504,100 100.96 504,815 3.12 11,500 3,162 199 2300% Due 06-22-12 1,000.000 FEDERAL HOME LN BKS 102.94 1,029,375 102.00 1,020,000 6.30 52,>00 875 4.62 5.250%Due 09-25-12 500,000 FNMA 104.01 520,055 104,37 521,875 3.23 16,250 7,764 2.11 3,250 % Due 04-09-13 500,W0 FNMA 102,07 510,339 102,22 511,094 3,16 14,375 4,392 2.37 2,875%Due 12-11-13 500,000 PHLB 110.35 551,726 113.53 567,656 3 51 26,875 9,929 3,23 5.371 1 Due 05-18-16 450,000 FIILMC 110.66 497,970 110.91 499,077 3,08 21,937 6,581 348 4.875 % Due 06-13-18 Accrued Interest 44�289 0 27 5,736,356 5,800,915 35.85 44,289 CORPORATE BONDS 250000 GOLDMAN SACHS CORI' BOND 99.31 248,287 10930 250,740 ISS 16,625 6,281 4.02 6.650% Due 05-15-09 200,000 CATERPILLAR FIN SERV CORP 9832 196.638 100,09 200,159 1.24 8,600 2,867 421 4 300% Due 06-01 -10 200,000 WAL-MART S'1-ORES INC 100,69 201,378 103,14 206,278 L27 8,250 2,062 157 C 125 % Due 07-01-10 2 Alaska Permanent Capital Management Co. PORTFOLIO APPRAISAL CITY OF ICENAI - AIRPORT PERMANENT FUND March 31, 2009 Yield Unit Total Market Pet Annual Accrued to Quantity Security Cost Cost Price .. .__._. Value Assets Income Interest Maturity 250,000 US Bank CoiTnoue Note 101.31 253,280 105.02 262,557 1.62 15.937 2,656 4.09 6.375%Due 08-01-11. 200,000 JOHN DEERE CAPITAL CORP 93,99 187,988 100,37 200,748 1,24 9,900 2,860 4,83 4,950%Due 12-17-12 200,000 GLAXOSMITMLINE CAP INC 93,74 197,474 104,04 208,080 1.29 9,700 3,664 3.78 4.850% Due 05-15-13 200,000 IBM CORP 103,71 207,422 110,62 221,238 L37 13,000 5,994 3.92 6500%Due 10-15-13. 200000 MERRILI. LYNCH &CO 98,47 196,946 75.77 151,531 0"94 10,900 2,301 11,72 5.450% Due 07-15-14 200,000 JP MORGAN CHASE &CO 98,88 177,764 95,01 190,014 1,17 9,500 792 5.75 4750% Due 03-01-15 200,000 MORGAN S"FANLEY 8400 168000 94.41 188,924 1,17 12,000 5,@0 Z74 6.000%Due 04-29-1 S 200.000 HSBC FINANCE CORP 96,28 192,568 75.00 149,994 0.93 11,000 2,200 1077 5.500% Due 01-19-16 200,000 CONOCOPHILLIPS CDA FDG FOG CO 8987 179,749 10356 207,118 1.28 11,250 5,197 5,05 5 625% Due I O 15-16 200,000 WACIIOVIA CORP GLOBAL MEDIUM 85.50 171,000 88,59 177,176 1_10 11,500 1,917 754 5.750%Due 02-01-18 ' 200.000 MCDONALDS CORP WFIN 104.35 208,698 105.50 211,006 1.30 10,700 892 4.59 5.350% Dec 03-01-18 200,000 GENERAL ELECTRIC CAP CORD" 84,71 169,416 86.95 173,904 1.07 11,250 4,687 764 5625% Due 05-01-18 Accrued Interest 49_461 0.31 2,946,607 3049,929 18.84 _ 49,461 DOIiES'FIC MID CAP EQHlTY FUNDS 28,150.0000 (SHARES S&P MIDCAP 400 52,61 I,480,942 4R67 1,370,060 8A7 NA DOMESTIC LARGE CAP EQUITY FUNDS 37,6760000 S&P500 DEPOSITARY'RECEIPT CLOSBD-PNDFU 91,36 3,441,964 7952 2,995,996 1&52 NA INTERNATIONAL FI7NDS 65,403 VANGUARD EUROPE PACIFIC F'I'P 27.35 1,788,701 23,01 1,504,923 9.30 NA CASH AND F,QUIV_ALEN-IS CASHRECEIVABLE 21,152 21,152 0,13 NA Wells Forgo Secured SioncyMarket Accnuut 120,937 120,937 0,75 142,089 142089 0.88 1'OTA1, PORTF01,10 16,831,.504 16,180,107 100 393,462 97,851 3 Alaska Pernianent Capital Management Co. TRANSACTION SUMMARY CITY OF KENAI - AIRPORT PER11IANEXT FUND From 03-01-09 To 03-31-09 Trade Settle Trade Date Date Security Quantity Amount PURCHASES AGENCIES 03-03-09 03-06-09 PNC FUNDING CORP - 500,000 504,100.00 FDIC GUARANTEED - 2.300% Due 06-22-12 03-05-09 03-06-09 FNMA 1,000,000 1,004,093.00 2.000%Due 01-09-12 03-05-09 03-06-09 FHLB 350,000 350.080.50 1,625% Due 03-16-11 1,858,27350 U.S. TREASURY � 03-05-09 03-06-09 US TREASURY NOTES 150,000 148,498.6.5 C37 2.750% Due 02-15-19 ' 03-05-09 03-06-09 US TREASURY NOTES 600,000 601,877,01 1.875% Due 02-28-14 750,875.66 2,609,149.16 DIVIDEND DOMESTIC LARGE CAP EQUITY FUNDS 03-20-09 04-30-09 S & P 500 DEPOSITARY 21,152.44 RECEIPT CLOSED -END FU DOMESTIC MID CAP EQU[1TY FUNDS 03-31-09 03-31-09 ISHARES S&P MIDCAP 400 5,671,97 INTERNATIONAL FUNDS 03-27-09 03-27-09 VANGUARD EUROPE 1,242.66 PACIFIC FIT 28,067.07 4 Alaska Pemtanent Capital Management Co. TRANSACTION SUMMARY CITY OFKENAI -AIRPORT PERBIANENT FUND Front 03-01-09 To 03-31-09 Trade Settle Trade Bate _Date Security Quantity Amount INTEREST AGENCIES 03-25-09 03-25-09 FEDERAL HOME LN BRS 26,250A0 5250% Due 09-25-12 CASH AND EQUIVALENTS 03-02-09 03-02-09 Wells Fargo Secured 227.68 MoneyMarket Account CORPORATE BONDS 03-01-09 03-01-09 JP MORGAN CHASE & CO 4,750.00 t 4.750% Due 03-01-15 —� 03-01-09 03-01-09 MCDONALDSCORP M/T/N 5,350.00 5.350% Due 03-01-19 ° 10,100.00 36,577.68 PURCHASED ACCRUED INTEREST AGENCIES 03-03-09 03-06-09 PNC FUNDING CORP - 2,363.39 FDIC GUARANTEED 2.300%Due 06-22-12 03-05-09 03-06-09 FNMA 3,166.67 2.000% Due 01-09-12 03-05-09 03-06-09 FHLB 36337 1.625% Due 03-16-11 5,893.93 U.S. TREASURY 03-95-09 03-06-09 US TREASURY NOTES 216.51 2.750%Due 02-15-19 5 Alaska Permanent Capital Management CO. TRANSACTION SUMMARY CITY OFKENAI- AIRPORT PERAL4AENT FUND from 03-01-09 To 03-3I-09 Trade Settle Date _ Date Security Quantity 03-05-09 03-06-09 US TREASURY NOTES 1.875% Due 02-28-14 RETURN OF CAPITAL LONG U.S. TREASURY 03-31-09 03-31-09 US TREASURY -1.805 INFLATION INDEX NOTES 2, 375% Due 01-15-1, 7 SALES, MATURITIES, AND CALLS DOMESTIC MID CAP EQUITY FUNDS 03-02-09 03-05-09 ISHARES S&P MIDCAP 400 DOMESTIC S�VIALL CAP EQUITY FUNDS 03-02-09 03-05-09 ISHARES S&P SMALLCAP 600INDEX EMERGING MARKET FUND 03-02-09 03-05-09 VANGUARDEMERGING MARKET ETF REALESTATE W-02-09 03-05-09 VANGUARD REIT ETF WITHDRAW CASH AND EQUIVALENTS 03-20-09 03-20-09 Wells Fargo Secured MoneyMarket Account 6 3,500.0000 19,940.0000 37,779 26,264.0000 Trade Amount 183.42 399.93 6,293.86 0.00 0,00 149,520.21 651,129,07 726,79211 599,907.76 2,126,349.15 250.00 250.00 Alaska Permanent Capital Management Co. REALIZED GAINS AND LOSSES CHT OFKENAI - AIRPORT PERMANENT FUND From 03-01-09 Through 03-31-09 Cost Date Quantity. _ Security Basis Proceeds Gain Or Loss 03-02-09 3,500,0000 ISHARES S&P IVIIDCAP 184,131.38 149,520.21 -34,611.17 400 03-02-09 19,940.0000 ISHARES S&P 878,657.26 651,129.07 -227,528.19 SMALLCAP 600 INDEX 03-02-09 37,779 VANGUARD EMERGING 925,814.09 726,792.11 -199,021.97 MARKET ETF 03-02-09 26,264.0000 VANGUARD REIT ETF 959,957.94 598,907.76 -361,050.18 TOTAL. GAINS --— 0.00 TOTAL LOSSES -822,211.51 2,948,560.66 2,126,349.15 -822,211.51 7 Alaska Permanent Capital Management Co. CASH LEDGER CITY OF KENAI - AIRPORT PERMANENT FUND From 03-01-09 To 03-31-09 Trade Settle Tran Date Date Code Activity Security Amount CASH RECEIVABLE 03-01-09 Beginning Balance 0.00 03-20-09 04-30-09 dp Dividend S & P 500 DEPOSITARY 21,152.44 RECEIPT CLOSED -,END FU 03-31-09 Ending Balance 21,152.44 Wells Fargo Secured MoneyMarket Account 03-01-09 Beginning Balance 566,798.27 03-01-09 03-01-09 dp Interest JP MORGAN CHASE & CO 4,750.00 4.750% Due 03-01-15 03-01-09 03-01-09 dp Interest MCDONALDSCORP MITrN 5,150.00 5.350% Due 03-01-18 03-02-09 03-02-09 dp Interest Wells Fargo Secured MoneyMarket 227.68 Account 03-02-09 03-05-09 dp Sale ISHARES S&P MIDCAP 400 149,520.21 03-02-09 03-0.5-09 dp Sale ISHARES S&P SMALLCAP 600 651,129.07 INDEX 03-02-09 03-05-09 dp Sale VANGUARD EMERGING 726,792.11 MARKET ETF 03-02-09 03-05-09 dp Sale VANGUARD REIT ETF 598,907.76 03-03-09 03-06-09 wd Purchase PNCFUNDING CORP -FDIC -504,100.00 GUARANTEED 2,300% Due 06-22-12 03-03-09 03-06-09 wd Accrued Interest PNC FUNDING CORP - FDIC -2,363.89 GUARANTIED 2.300% Due 06-22-12 03-05-09 03-06-09 wd Purchase US TREASURY NOTES -148,998.65 2.7.500A Due 02-15-19 8 Alaska Permanent Capital Management Co. CASH LEDGER CITY OF KEAAI -AIRPORT PERMANENT FIINIJ From 03-01-09 To 03-31-09 Trade Settle Trail Date Date Code Activity Security 03-05-09 03-06-09 wd Accrued Interest US TREASURY NOTES 2.750% Due 02-15-19 03-05-09 03-06-09 wd Purchase USTREASURYNOTES L875% Due 02-28-14 03-05-09 03-06-09 wd Accrued Interest US TREASURY NOTES 1.875% Due 02-28-14 03-05-09. 03-06-09 wd Purchase FNMA 2.000%Due 01-09-12 03-05-09 03-06-09 wd Accrued Interest FNiIMA 2.000% Due 01-09-12 03-05-09 03-06-09 wd Purchase FHLB 1.625%Due 03-16-11 03-05-09 03-06-09 wd Accrued Interest FULB 1.625%Due 03-16-11 03-20-09 03-20-09 wd Withdrawal from Portfolio 03-25-09 03-25-09 dp Interest FEDERAL HOME LN BKS 5.250%Due 09-25-12 03-27-09 03-27-09 dp Dividend VANGUARD EUROPE PACIFIC ETF 03-31-09 03-31-09 dp Dividend (SHARES S&P MIDCAP 400 03-31-09 Ending Balance 9 Amount -216.51 -601,877.01 -183.42 -1,004,093.00 -3,166.67 -350,080.50 -363.37 -250.00 26,250.00 1,242.66 5,671.97 120,936.71 �;-, °`V l(a�r e witdr a Past, Gi`% wi>�i a F�ctr�re FINANCE DEPARTMENT 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 t&e ae'ty o f ..- Telephone: 907-283-7535 ext 2211 FAX: 907-283-3014 KENAIv SKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director 7. ( Date: April 30, 2009 Subject: Quarterly Financial Report Attached is a relatively easily produced quarterly financial report for the general fund, airport fund, and water/sewer fund as of March 11, 2009. This report is essentially on a cash basis, so there are accounts that may not look reasonable. In the General Fund for example, sales and property tax revenue only includes payments made to us by the Borough through December. The December sales tax filings and tax payments are not in at this point and we will not be received for this quarter until the end of January or early February. State and Federal is below budget in all finds because of PERS aid. The State doesn't actually give us any money. Instead they make an `on -behalf payment to the pension system. Similarly we have not booked an expenditure for the PERS the State is covering, so the Non -Departmental department is way under budget. At year-end we will record revenue and expenditures for these items. Interest and miscellaneous appears to be higher than anticipated this early in the year; however, interest revenue is recorded in the General Fund until year-end at which time we allocate it to the various funds that earn interest. Further, this is cash interest received but we will have to accrue all interest receivable as well as a market value adjustment at year-end. Encumbrances are sometimes issued for the entire year. So the percentage of the budget that is spent and encumbered is not representative of what has been spent to date. -151- Quarterly General Fund Expenditure Report For Quarter Ended March31, 2009 Original ` FY2008 FY2009 Amended YTD Actual Budget Budget Actual Variance % REVENUES - Appropriation of Fund Balance $ - $ 815,316 $ 1,250,191 $ - $(1,250,191) 0.00% Taxes 7.527,758 7,463,200 7,463,200 5,721,961 (1,741,239) 76.67% Licenses/Permits and Ambulance 560,848 344,000 344,000 369,813 25,84 107.50% State/Federal 1,417,603 1,597,612 1,620,175 732,333 (887,842) 45.20% Dock/Multipurpose/Miscellaneous 265,348 207,000 207,000 144,210 (62,790) 69.67% Fines and Forfeitures 131,840 96,850 96,850 70,371 (26,479) 72,66% Interest and Miscellaneous 1,269,743 931,185 944,103 735,820 (208,283) 77.94% Transfers/Central Admin Fees 1,137,406 1,353,613 1,353,613 1.018,093 (335,520) 75,21% Total Revenues 12,310,547 12.808.775 13,279,132 8.792.601 (4486531) 66.21% EXPENDITURES & TRANSFERS General Government 01 City Clerk $ 192,347 $ 242,816 $ 242,816 $ 125,722 $ 114,094 46.99% 03 Visitor Center 112,326 124,600 124,600 80,959 43,641 35,02% 11 Legislative 130,632 171,358 171,358 112,184 59,174 34.53% 12 Legal 222,312 249,349 254,329 191,688 62.641 24.63% 13 City Manager 208.942 212,135 242,135 170,181 71,954 2972% 15 Finance 376,841 430,268 430,268 326,680 103,588 24.08% 16 Land Administration 284,950 12,720 17,289 6,974 10,315 59,66% 18 Nan -Departmental 984,644 1.426,409 1,386,333 476,260 910,073 65.65% 19 Planning and Zoning 183,223 208,588 208,588 143,207 65,381 31.34% 20 Safety 2.700 9,760 9.760 883 8.877 90.95% Total General Government 2,698.917 3,088,003 3,087 476 1.637 738 1,449,738 46,96% Public Safety 21 Police 2,113,028 2,410,977 2,442,211 1,684,779 757,432 31.01% 22 Fire 1,864,612 1,,949, 574 1,953,574 1,397,865 555,709 26.45% 23 Communications 629,554 711,756 711,756 459,411 252,345 35.45% 29 Animal Control 292,122 290,229 292726 229834 62,894 21,49° Total Public Safety 4. 999.317 5,362,536 5.400269 3,771,889 1628380 30,15% Public Works 31 Public Works Administration 192,067 215,931 216,181 147,704 68,477 31,68% 32 Shop 645,494 720,393 600.143 440,240 159,903 26,64% 33 Streets 621,555 771,216 841,216 4831734 357,482 42.50% 34 Buildings 379,954 624,316 474,095 310,188 163,907 34.57% 35 Street Lighting 124.758 239,230 239,230 122,707 116,523 48.71% Total Public Works 1.963,723 2,471.086 2.370,8135 1,604,573 866,292 36.54% Library 40 $72,004 639,439 665,785 449.366 216,419 32,51 % Parks and Recreation 36 Dock 143,082 139,856 139,856 45,741 94,115 67,29% 46 Recreation 392,310 422,565 418,147 317,971 100,176 23.96% 46 Parks 233,719 373,396 388,564 291,785 96,779 24,91 % 47 Beautification 93,718 128215 149,465 103,909 45,556 30.A8%. Total Parks and Recreation 862.829 1.064,032 _ 1 096 032 7 99.406 _ 336,626 30.71 % Total Operating Expenditures 10,996795 12,625.096 12,620427 8,122.272 4,497,455 35,64% Transfer to other funds Senior Citizen 36,000 182,679 182,671) 137,760 44,919 24.59% Visitor Center Heating Capital Projects - - 465,026 465,026 - 000% Dune Rehabilitation Capital Project - - 10,000 10,000 Almon Fund 110,000 - - - - - Other non -operating 128,641 1,000 1.000 750 250 25.00% Total Transfer to other funds 274,641 183,679 658,705 613,536 45,169 6.86% Total Expenditures & Transfers 11,271,436 12,808,775 11279,132 8,736,508 4,542.624 34.21% Net Revenues over(under) Expenditures $ 1,039,111 $ $ $ 56,093 $ 66,093 Note: The original budget includes outstanding encumbrances at 613012008. -152- Quarterly Airport Fund Expenditure Report For Quarter Ended March 31, 2009 Original FY2008 FY2009 Amended YTD Actual Budge Budget Actual Variance % REVENUES Appropriation of Fund Balance $ - $ 698,408 $ 1,449,917 $ - $(1,449,917) 0.00% State/Federal 66,170 68,800 68,800 540 (68,260) 0.78% Interest, Leases & Fees 1,405,955 1,118.300 1,it8,3G0 535,020 (583,280) 47,84% Terminal Revenues 403,863 492,800 492,800 415,650 (77,150) 84,34% Landing Fees 127,814 200,000 200,000 173,563 (26,437) 86,78% Transfersin 274,076 19,500 19,500 7,125 (12,375) 36,54% Total Revenues 2,277.878 2,597,808 3,349,317 1.131,898 (2.217.419) 33.79% EXPENDITURES & TRANSFERS Terminal Area $ 478,845 $ 535,312 $ 535,851 $ 345,838 $ 190.013 35,46% Airfield 1,448,867 1,509,428 1,522,103 1,266,919 255,184 16.77% Administration 214,172 310,791 312,357 178,336 134,021 42.91% Other Buildings & Areas 124,972 158,277 180,074 126,747 53,327 29.61% T raining Facility 25,047 84,000 184,056 77.752 106,304 57.76% Total Expenditures 2,291,903 2. 997808 2,734,441 1.995.592 738.849 27.02% Transfer to other funds Airport Improvement Capital Projects 61,250 - 64,376 64,376 - 0,00% Courthouse Parking Capital Project 49.000 - 225.500 25,000 200,500 88.91% Total Transfer to other funds 110.250 - 289,876 89,376 200,506 69.17% Total Expenditures & Transfers 2,402,153 2.597 808 3,024,317 2.084 968 939,349 31.06% Net Revenues over Expenditures $ 124.275 $ $ 325,000 $ (9. 53,07 2$ 1,278,070 -153- Quarterly Water/Sewer Fund Expenditure Report For Quarter Ended March 31, 2009 Original FY2008 FY2009 Amended YTD Actual Budget Budget Actual Variance % REVENUES Appropriation of Fund Balance $ - $ - $ 13,371 $ - $ (13,371) OM% State/Federal 57,546 81,481 81,481 - (81,481) 0.00% Water/Sewer Fees 1,761,165 1,759,000 1,759,000 1,318,417 (440,583) 74.95% Penalty and Interest 26,164 26,000 26,000 5,423 (20,577) 20,86% Interest and Miscellaneous 169,980 83,000 83,000 25,640 (57,360) 30.89% Total Revenues 2,014,855 1.949.481 1,962 852 1,349.480 (613,372) 68.75% EXPENDITURES Water $ 1,152,285 $ 632,900 $ 640,916 $ 367,039 $ 273,877 42,73% Sewer 290,680 399,695 419,711 258,370 161,341 38,44% Wastewater Treatment Plant 723,942 839,721 845 31C 536,536 308,774 36.53°% Total Expenditures 2,166.907 1,872.316 1,905,937 1A61.945 743,992 39.04% Net Revenues over Expenditures $ 152,052) $ 77,165 $ 56,915 $ 187,535 $ 1,357,364 -154- TO: Mayor, Council, & Administration FROM: Bob Molloy DATE: 09 PUBLIC SUBJECT: PUBLIC RECORDS REQUEST FORM r ORDINANCE NO.2396-2009 Information Item 91 In my opinion, the City of Kenai should work to promote a user-friendly process for public access to records. What we should avoid is establishing new barriers to public access, and adopting procedures that may subject the City to lawsuits for violation of the Alaska Public Records Act (APRA). It appears to me that proposed request form is not user-friendly, creates new barriers, and may be subject to legal challenge, as explained below. (1) The ordinance requires that the request be put on the City's designed form, and appears to require that it has to be physically obtained from the City Clerk.' However, in my opinion, this is too restrictive. The City should allow requests hi other written form, such as letter, memo, note, fax, and email, and not just "routine requests,"2 The City could also allow requests by telephone, where the Clerk's staff takes the information by phone and fills out a form for processing. (2) The proposed form for Public Records Request — (attached as "A") - requires the requester to sign a certification that amounts to a verification under penalty of perjury. It is my understanding that a sworn verification is not required by the Alaska Public Records Act in order for a member of the public to obtain public records; and, therefore, this verification requirement may be subject to legal challenge. 1 think this verification requirement is too onerous; especially the part requiring the requestor to state who the record is for -- the City has no legitimate reason to ask for that information. In addition, this verification requirement may put the City Cleric in an adversarial position with requestors who don't want to fill out the certificate or believe it is illegal. The City of Kenai should join the other Alaska municipalities that do not require a sworn verification in order for citizens, businesses, news media, etc., to obtain or inspect public records. For comparison, 1 have attached some other forms from other municipalities both inside and outside of Alaska, one State of Alaska agency form, and two online forms, as listed on the next page. These forms are simple and do not appear to invite disputes or legal challenges. I was z Proposed Procedure 91 states that "The request shall be in writing, on a form provided by the City Clerk, entitled `Public Records Request'." 2 In conflict with Procedure #1, proposed Regulation 2.03 states that "Routine requests may be submitted orally or in writing." And see proposed Regulation 5.02 Response to Oral Requests, which is also in conflict with proposed Procedure #1. .1. -155- impressed that the City of Cleveland, Ohio, allows anonymous requests for public records (see Attachment H). Attachment: Municipality: A City of Kenai, Alaska L B City of Soldotna, Alaska C CitZ & Borough of Juneau, Alaska D _ City of Nome, Alaska E _ Matanuska-Susitna Borough, Alaska F Alaska Division of Insurance, State of Alaska County of Boulder, Colorado H City of Cleveland, Ohio I _ _ City of Bellingham, Waslun�ton J City of Portland, Oregon K State of Idaho, Department of Health & Welfare, Online Form L State of Washington, Utilities and Transportation Commission Online Form -156- REQuEsv zasEw-Mxcarro� (Year) (Sequence} c 1=1 UUY l 1CII 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 Z, The requested public record is strictly for. F3_.Mv own personal use Use on behalf of: (Name of business, organization) I certify under penalty of perIury the foregoing statements are true, Print Name Si nature Date -157- r S_ dotna > ASK REQUESTOR: Please identify yourselfand tell us how to notify you regarding this request, Name Telephone Fax Address E-mail City State Zip DOCUMENTS REQUESTED: Identify and describe the documents you seek. Be specific. Indicate ifyou want copies to be neada, there may be a charge. ADMINISTRATION: For staff use only. Provide photocopy of'this,form to requester after completing line 1. Name of Person Request received Request reviewed Document located Fee calculated Requester notified Documents picked up Date and Time Amount OPEN RECORDS ACT: This is the State law regarding access to public records E.caeptions are listed in AS 40.25.120. AS 40.25.110. Public [cannons open to inspection and copying, fees (a) Unless specifically provided Otherwise, the public records of all public agencies are open to inspection by the public under reasonable rules during regular office hourn. 'rho public Officer having the custody of public records shall give On reeusst anal payment of the fee established under [Iris motion Of AS 40.25.115 a certified copy of the public record, (b) Except as otherwise provided in this section, the fee for copying public records may not exceed the standard unit cost of duplication established by the public agency. (c) If Lne production of records fee One requests, in a calendar month exceeds five person -hours, the public agency shall require the requester to pay the personal costs required during the month to complete the search end copying tasks. The personnel costs may not exceed the actual salary and benefit costs for the uensonnel time rdgaired to perform and the search and copying tasks. The requento,shail pay the fee before the roc.ds rare disclosed, and the public agency may acquire nayntent in advance for the search. (d) A public agency may reduce or waive a fee when the public agency hindrances that the reduction in waiver is in the public interest, Fee reductions and waivers shall be mnifonnly applied among persons who are similarly situated. A public agency may waive a fee of $5 or less if the fee is less than the cost to the public agency to arraug, for payment. City of Seidman Request for Public Records PR REQUE51_COS.dac 07/12106 -158- QnA a not' ttve 0.� a �s wtE UEST for Nfn n4,' n PUBLIC co REQUESTOFt: Please idenejfy yourself and t¢/1 us how to Hotly you regarding thts requ¢se Name Telephone Fax Address E-mail DOCUMENTS REQUESTED: ldent(fy and describe the docum¢m yam seek Be specific. Indicate lyou want copies to be made; there may be a charge, ADMINISTRATION: For CBJ staff use only. Provide photocopy of this form to requestor after completing line 1. Request received Request reviewed Document located Fee calcutated Requester not! Flied Documents picked up Name of Person Date and Time x Amount S OPEN RECORDS ACT: This is the State law on public records, Fxceptions are listed m AS 40.25.120. AS 40.25. 110: Public records Open to inspection and copying; fees. (a) unless specifically provided otherwise, the public records Dial public agencies are open to inspection by the public under reasonable rules during regular dime horns. The public officer having the custody of public records mall 0ve on request, and payment ofthe fee establisre son reasonable er M1 5 Burin or AS 40.25, 1 ; 5 a eomiited copy of me publie record, (b) Except so mherwim proultled in in!; motion, the fee for copying public records may not exceed the standard unit nest of duplication established by the public agency. (e) If the production of records for one requa%or in a calendar month. eucads five person -hours, the public agency shell rOquoa dra tngmstor to pay Asa Personnel costs required during the month to complete the search and copying rases. The personnel cases may not exceed the actual salary and benefit costs for the personnel time required m performs and the search and copying tasks. The requestor sleet pay the fee before the records are disclosed, and the Public agency my require payment in advance Ibr the search. {d} A public agency may induce or waive a fee when the public agency defomines that the reducer!- or waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among parsers who are similarly situated. A public agency may weave a fee of SS or less if the fee is less then the cost to the public agency to Emange, for payment, -159- r't 0 LA Requestor Name: Agency Requestor Address: Street Requestor Phone: City of Nome Public Records Request Form City State Zip Code Request Made: E1: Person In Writing Preferred Delivery: L-- Up �JJ. S, Mail Cell: Email: =elephone =Fax = Email =Email =Fax =On —Site Inspection Record Request Information: To expedite the request be as specific as possible in describing the records being requested. Also, please include the type of access requested (copying or inspection) and the medium requested. I agree to pay the actual cost of searching, reviewing, duplicating and/or mailing copies of the requested public records. Requestor's Signature DATE qW W eo Receipt Number: Amount: Clerk's Office Comments: -160- MATANUSKA-SUSTINA BOROUGH 350 E. Dahlia Ave, Palmer, AK 99645 Tele�hone: 907-745-4801 PUBLIC RECORDS REQUEST FORM Name: Date: Address: City/State/Zip Code: Tele hone Nn.: Email; RECORD(S)REQUESTED If this matter is currently under litigation, record(s) must be requested through the Law Dept. Title of Record(s): Date of Record(s): Description of Record(s) — Please provide any additional information that will assist us in locating the record(s) for you as quickly as possible: The Matanuska-Susima Borough grants every person the right to inspect any public record, unless exempt from disclosure per MSB 150.040, within a reasonable time. The record owner of the record(s) will respond to this request within ten (10) business days. If the record(s) are exempt from disclosure, the manager and requester will be contacted immediately in writing. If the record(s) cannot be provided within 10 business days of receipt of this request, the manager and requestor will be promptly advised. If the party still desires the record(s), a reasonable and diligent search willbe made for them. See the Public Records Request Policy for full details. FOR OFFICE USE ONLY Date Request Received Completed by/Referred to (circle ore) Name: I. Prior to processing the request, send a copy of this request form to die Law Department for review, Compile the records but do not distribute until the attorney has approved the distribution. Okay to distribute Nicholas Spiropoalos, Borough Attorney 2. When filling the request, compEete the applicable line below: A. !copies provided at $_ per page, for a total cost of $ on (date): B. Record or information is exempt from disclosure and public access is denied. Cite code or statutory reason for denial: C. Record or information cannot be located and the requestor was so notified on (date): 3. Send a copy of this completed request form, with copies of thereceipt and raeord(s) provided, when appropriate, to the Manager's office. If the request is denied, a memo explaining the reason for the denial must be sent to the Manager's office. See the Public Records Request Policy for clarification. Photocopies $.20tpage Microprints $.25/image AudioVidw/DV Ds - $10.00-75.00 Maps $5.00 and up Revised 5/2/08 Alaska Division of Insurance P.O. Box 110805 Juneau, AK 99811-0805 (907) 465-2515 Fax (907) 465 3422 insurance0g,,alaska8ov PUBLIC RECORDS REQUEST 2 AAC 96.300 - 2 AAC 96.360 (Your request must describe the record in sufficient detail to allow its identification and location.) Pursuant to AS 40.25.110, which gives the public the right to inspect the state's public records, please provide me with access to the following records: Will your request for information be used in pending litigation against the State of Alaska? _ Yes __ No If yes, you must make your request in accordance with the applicable court rules. 2 AAC 96.220 I understand that if I want any copies, the charge is $.25 per copy, plus postage, payable when billed, which may be in advance of my receipt of the copies. I understand I may be charged handling costs if the records have been archived and for personnel costs if the time required to search or copy my request exceeds five person -hours in any calendar month. For a certified copy of records, there is an additional charge of $25.00, TO BE COMPLETED BY AGENCY Acknowledgment Logged Assigned to Due date Completed ilpubreueq Name Company Name Address Phone Number E-mail Address SUM tf1 County of Boulder Public Records Request Form ;;e a ° The following request is made under the Colorado Public Records law: Date: Name: Organization represented (if any), Address/Phone No,: Name of document(s) requested: If the document name is unknown, provide brief, but specific description of document or information requested (note date of issuance and location of document, if known). A request, which is broad, vague or too voluminous, may cause a delay in the time the County can produce the records. Please attach an additional page if needed to list these items in detail, If the records are available pursuant to C.R.S. 24-72-201 at sec., the records shall be made available for viewing within three working days. If extenuating circumstances exist so that the Custodian cannot gather the records within the three-day period, the period shall be extended an additional seven working days. The requestor shall be notified of the extension within the first three days of receiving the request. Please refer to the County's Public Records Policy for complete information. The Policy is available at [website] or at the County Human Resources Office 303-441-3508, The fee shall be $.25 per page, unless actual costs exceed that amount, in which case, actual costs may be charged. Ali payments for public records must be received in advance of releasing the requested records. Date Signature FILING INSTRUCTIONS: You may fill out the electronic form and e-mail It to the personloffice whom you believe to be the custodian of the document(s), if you know the e-mail address. Otherwise, you may print the form, fill it out, and then file it by FAX if you know the FAX number, or by mail or in person to the office of the custodian of the records you are seeking. For Official Use Only Time spent by staff in assembling the records request Estimated cost of assembly $ Records request received by: -163- Received (DATE/TIME) G 0 CITY OFCLVVfanido MavW Fmik t.'- Jaekmn Public Records Request Form Date: Requester's Name: Company: Address: City/State/Zip: Telephone No.: Fax No.: The City provides this form to manage the public records request process more efficiently, and to help avoid delays and confusion. The availability of public records is not limited by or conditioned on completion of this form. A written request for records is not mandator and you may decline to identify Y Y Y ify yourself. If you do not want to make a written request, or do not want to reveal your identity, please call the City's Public Records Administrator at 664-2772, If you choose to use this form, please provide specific details about what you want, including time j frame, locations, etc. (if applicable). You may write on the back of this form if necessary. Thank you. 1 Please send form to: Kim L. Roberson, Public Records Administrator— City of Cleveland Department of Law — 601 Lakeside Avenue, Room 106 — Cleveland, Ohio 44114-1077 Phone No. (216) 664-2772 — Fax No. (216) 420.8560 — KRoberson@city.cleveland.oh.us4 -164- CITE' OF BELLINGHAM Public Records Officer • 2014 C Street • Bellingham, WA 96225 Phone .(360)778.8132 . Fax (360)778.8151 • web site: www.cob.org REQUEST FOR PUBLIC RECORDS City Policy ADM 07.04.01 RCW 42.56 INSTRUCTIONS; Rest N�,mEiet - Employee receiving request completes Section 1, except for the request number. Depaatrlent Requester completes Section 21f request is made in person, otherwise employee receiving the request completes it. Attach legal or other explanatory documents. Regap fec�lu§d tiy; Route this form to the Support Services Manager/Public Records Officer to complete Section 3. Employee notifiying requester completes Section 4. • .IP1110—cUC—umentancimay be released to any requester, Pi 2: Records Request Name x Requester. Phone; Email Address: ACtlBss: City: Stets: ZiP; I wish to Q inspect Q receive a copy of the following specific record(s) Request made: ❑ in person Q by phone ❑ by fax Q by mail ❑ by email Attach request To assist with record identification, list names of other persons named in the records you seek, if known. Your request will be forwarded to the Public Records Officer. Unless otherwise notified, agency response wilt be completed within five (5) working days. ❑ ALLOW ACCESS Charge is $.15 for each photocopy. Charge for other types of copies is City's actual cost. ❑ DENY ACCESS The records you have requested are legally exempt from public disclosure by the following authority: ❑ WE -DO NOT HAVE THE RECORD(S) Name of person notified:' Date: Time: ❑ by mail Q by phone ❑ in person ❑ by email I made the City's final response as stated. Signature: Routing Original to requester Copy to Public Records Officer G2 sms -165- 4 4 i Tom Potter, Mayor Kenneth L. Rusk Chief Administrative Officer CITY OF PORTLAND 1120 3W Fifth Ave., suite 1250 Portland, Oregon 97204-1912 OFFICE OF MANAGEMENT AND FINANCE (503) 823-5288 FAX (503) 823-5384 TTY (503) M-6868 i PUBLIC RECORDS REQUEST FORM This form is used to process public record requests in accordance with Oregon Public Records law (ORS Chapter 192) Description of Public Records: Please describe the materials you are requesting. Include as much detail as possible: type of document, publication or release dates, authors, titles, etc, Fees; The Office of Management and Finance will assess the following fees for reproduction of documents. • The Bureau will provide a waiver of up to one hour of staff time and $10 for photocopying and mailing costs per requester per month. • Additional costs will be charged at a rate of $.15 per side for Sx11.5 size, or for actual costs incurred by sending to the City's Printing and Distribution center. • Additional staff time shall be charged at a rate up to the actual cost per hour. The requester must be made aware of the rate to be charged and given an estimate of time needed. The requester must approve the estimate prior to work beginning. • A 50% deposit will be required for any request estimated in excess of $100. • Prior to receipt of materials, payment in full must be made. • Questions regarding potential exemptions or procedural issues should be referred to the Communications Manager Requestor's Organization Zip Code Other Instructions: I wish to schedule a time at the bureau to review the documents I've described above. _ I understand the fees detailed above, and have received an estimate of the costs. Please proceed. If as the work progresses, it appears likely to exceed the estimate, I wish to be contacted before research continues. Signature of requester. Please make checks payable to Office of Management and Finance j. An Equal Opportunity Employer To help ensure equal access to programs, services and activities, the Office of Management & Finance will reasonably modify policies(proeedures and provide auxiliary aidslservices to persons with disabilities upon request, v, -166- 0 450 W. State St. 10th Floor PO Box 83720 Boise Id 83720-0036 Phone # (208) 334-5564 Fax # (208) 334 6558 PublicP,ecordsRequest@dhw,idaho.gov REQUEST TO EXAMINE OR COPY PUBLIC RECORDS FORM Date' Your Name l Business. Name,' Affiliation or Representative Your. Telephone;. Number Your FAX Number Your E-Mail�——..._�_ Address Your Mailing ""'---'--i Address Please be specific, Le: dates, location(s), names of report(s) etc. I _ Description off! Pubiic Record] Requested: Submit Reset Please note: If the request consists of 100 pages or more, there will be a copy charge of 10 cents per page. AP5 Home m Contact> Public Records Request> Request for Public Records form Please complete this form K you'd like to submit a request for public records. (' denotes required fields) Section 1: Requestor information: Requestor FimVOrganization:" " ^- .-...... Phone (include area code):* - Address line 1:* Address line 2: City:* E-mail:* Repeat E-mal:* Fax number: State/Prov: * Zip/postal .- Code:"_ -.. Representing: Most requests are processed within 2 business days. However, processing time may vary depending on the size of the request and availability of records. If your request is urgent, indicate date desired:: t Section 2: Documents requested Describe the documents being requested. Please be as specific as possible in defining the information Please select the preferred method/medium of response to your request: ` Electronic mail Please read and accept the statement below, then submit your request' Check to accept: By submitting this request. I understand that Information provided in response to my request may not be used for commercial purposes. I am also aware that the information this form is a public record and subject to public inspection. I submit using Submit Request 'i Questions? Contact the WUTC Records Center. 360-664-1234 TO: Mayor, Council, & Administration FROM: Bob Molloy DATE: 04-29-09 SUBJECT: NEW FEES ORDINANCE NO.2396-2009 Information Item #2 New fees can be a new barrier to public access to public records. In my opinion, new fees that the City should not impose include the following: 1. Fee For Determination Of Whether Records Should Be Disclosed Or_ Withheld. Proposed Regulation 1.03 Production Fee requires the City to charge a production fee that includes time spent determining "whether the document will be disclosed or whether it: must be withheld based on privilege, exemption, or other exception." The City should not charge the public requester, including news media, for City personnel's time spent determining whether a public record should be disclosed or its disclosure should be denied. Adding charges for the City personnel's time spent in this part of record review and the production decision creates a new barrier by inflating the production fee. In addition; including such additional charges in the fee is likely illegal under the Alaska Public Records Act, and will subject the City to law suits seeking a court order that this part of the production fee is illegal. 2. $100 Filing Fee For Appeal To City Council. Proposed Regulation 5.04 Appeal to City Council allows a records requester to appeal a decision of the City Clerk to the City Council and provides that such appeal is under KMC 14.20.290 Appeals -Board of Adjustment. This is the Code section for appeals to the City Council sitting as a Board of Adjustment, and the Code requires the appellant to pay a `filing and records preparation fee of one hundred dollars ($100.00)," unless the appellant is eligible for a reduced fee or a waiver based on indigency.' A member of the public, including news media, should not have to pay a $100 filing fee in order to appeal to Council about decisions that public records won't be released, �i ' KMC 14.20 290(b)(6). •' TO: Mayor, Council, & Administration FROM: Bob Molloy DATE: 04-29-09 SUBJECT: DELIBERATIVE PROCESS RECORDS ORDINANCE NO, 2396-2009 Information Item 43 It is my understanding that the "deliberative process privilege" in Alaska is one of the judicially recognized or "judge -made" exceptions to the Alaska Public Records Act, that is, the Supreme Court of Alaska adopted this privilege for Alaska based on "common law." What proposed Regulation 2.09 Deliberative Process Records does is to put into Code the City's own version of a "deliberative process privilege." This privilege has potential for abuse. if the City is going to codify its own deliberative process privilege, then the City should add more definition, detail and clarity to the first draft of proposed Regulation 2.09. The first draft is also too vague. For example, the proposed regulation lacks an adequate definition or description of what "deliberative process information" is. The first draft also does not define "government officials." I am concerned about application of this privilege to Council. A broad deliberative process privilege that shields from public access the pre -decisional written communications between Administration and City Council members or between Council members will be a new barrier to public access to public records and likely will subject the City to haw suits claiming that such action is illegal under the City's Charter and Code and under the Alaska Open Meetings Act. In my view, the pre - decisional written communications of elected officials should not be subject to the deliberative process privilege, except for executive session matters and matters for which Council sits as a quasi-judicial body, such as Board of Adjustment. -170- 2.09 DeUberative 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- t 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 n -171- ALAS A MINERS ASSOCIATION, INC. 3305 Arctic Blvd., #105, Anchorage, Alaska 99503 • (907) 563-9229 • FAX: (907) 563-9225 • www.alaskaminem.oT TO: Boroughs and. Cities FROM: Alaska Miners Association DATE: March, 2009 Mcewel %W26TO RE: Economic Impacts of Alaska Mining Industry on the state of Alaska, January 2009 Please find enclosed copies of an updated report by the McDowell Croup on the mining industry and its economic impacts on Alaska. If you have questions regarding this report please call the Alaska Miners Association, 907-563-9229 and Stave Borell, the Executive Director would be glad to talk to you. Also, this report is available on the AMA web site (www.alaskaminers.org) should you need more copies please feel free to print it down, Thank you. -172- • t rr : - •' Mining is a growing force in Alaska's economy, providing jobs far thousands of Alaskans and millions of dollars of personal income throughout Alaska. Alaska' ' d t' I d i s mining In us ry the u es exp oration, mine development, and mineral` production. Alaska's mines produce zinc, lead, gold, silver, coal, as we as M-k a lt.era econstruction materials, such as sand, gravel, and rock. ° In 2008, A laska 's mining industzy provided: ♦ 3,500 direct mining jobs in Alaska. ♦ 5,500 total direct and indirect jobs attributed to Alaska mining industry. ♦ $350 million in direct and indirect payroll. ♦ Some of Alaska's highest paying jobs with an estimated average annual wage of $82,600, 90%higher than the state average for all sectors of the economy, second highest after oil and gas sector wages. $15.6 million in local government revenue through property taxes and payments in lieu of taxes, down I % from 2007. ♦ $105 million to the state government through rents, royalties, fees, and taxes, down 17% from 2007. ♦ S212 million in payments to Alaska Native corporations (FY08) up 266% from FY07. ♦ jobs for residents of more than 120 communities throughout Alaska— mostly year-round, and often in rural areas, where few other jobs are available. State and Local Government Revenue Impact $zoa Corporate income TeX (F1') W,' State Mineral Rents, Royalties, $150 . and Fees Revenue ICY) o Mining License Tex Receipts (t-Yj $100 -i- Local Government Payments (CY I $50 2004 2005 2006 2007 2008 oelmat.c Exploration ♦ $293 million spent on exploration, down 8%from 2007. ♦ 59 exploration projects spend- ing more than $100,000, of which 30 exploration projects spent more than $1 million. Development ♦ $331 million spent on mine construction, up 7% from 2007, on at least 7 developing and existing mines. Production ♦ $2.4 billion in gross mineral production value from Usibelh Coal, Greens Creek, Red Dog, Fort Knox, and Pogo mines, placer mines, and rock, sand, and gravel. opera- lions, down 27% from 2007. ♦ More than 175 placer mines pro- duced 34,000 ounces of gold. ♦ $102 million in production value from more than 117 active rock quarries, and sand and gravel operations. Exports (2007) ♦ $1.3 billion in mining exports, or 34% of Alaska's total exports. Usibelli Coal Nine Coal • Alaska's only operating coal mine, exporting a third of its production in 2008 • fuels 40% of Interior Alaska's elecu-icity • Founded in 1943 • 110 employees Greens Creek Mine Silver,--zinc,gold, and lead One of the largest silver producers in North America • Largest taxpayer in the Citv S Borough of funcau • Discovered in 1979, producing from 1989 to 1993, and since 1996 320 employees ^cl Dog Mine _.nc, lead, and silver • World's largest zinc concentrate producer Largest taxpayer in the Northwest Arctic Borough • Discovered in 1968, Producing since 1989 390 employees, plus 95 full-time contractors in 2008 Fort Knox Dine Gold • Alaska's largest surface goldmine • Largest single property taxpayer in the Fairbanks North Star Borough Discovered in 1984, producing ,since 1996 450 employces, plus 30 full-time contractors in 2008 Pogo Mine Gold Approximatciy 700,000 ounces produced 2006 through 2009 Signuicant private sector payments to for Cigy of Delta )unction Discovered in 1994, producing since 2006 280 employees, plus 60 full-time contractors "2008 A L 'A -174- Al AL • Community with Mining Industry Employees ••Kensington 3uneaz • . • ' 7('xee'k • ,� • t ® Nixon Fork -Gold and copper Discovered in i 517, intermittent -.exploration since 1920s Production suspended in 2007 for additional (trilling _ 7S potctrnal production jabs .,Rock Creek/Big e£urra}x Gold +, Started and suspended lroduction in 2008 million invested through 2008 • 13S pntemtial production jobs Kensington 'Gdld $238 million invested thi'oaoh 2005 200 potential production jobs Chuitna Coal 'Coal Cunrndv in the pernnt in_g luacest 300 3S0 potential product ionlobs Donlin Creek Gold • Di.scoueredin 1988, ongoing exploration since 1995- . 210 exploration jobs in 2008, 86% - Calista slureholder hire 500 600 potential production jogs Niblack Gold silver, copper, and zinc • On going exploration for more dean 10 years Over S20 million invested through 2008 Pebble Project Copper, gold, and molvbdenum • Disciivered in 1987, onvning exploration c and environmental stwles since 2002 • Over 8300 million invested through 2008 Ove, 1,000 potential production jobs -175- Strengthening Government and Communities Mining companies strengthen Alaska's local economies by employing Alaska residents from more than 120 Alaska communities, and purchasing supplies and services from hundreds of Alaska businesses. These mining companies are also an important source of stable revenue for local governments, as well as significant state government revenue. In 2008, Alaska's mining industry paid: An estimated total of $15.6 million to local governments, including: s $11 million in payment in lieu of taxes (PILT) by Red Dog to the NorthwestAretic Borough. ♦ $2.8 million in property taxes paid by Fort Knox to the Fairbanks North Star Borough, 4 Over $1 million in property taxes paid by Greens Creel: to the City and Br rougb of Juneau. ♦ $500,000 in PILT paid by Pogo to the City of Delta. Junction (FY08), � $295,400 in property taxes paid by Kensington to the City and Borough of Juneau. Once in production, the mine will be the largest taxpayer in Juneau. t Tax payments to other localgovernments, including Denali Borough, City of Nome., and others. & Mining industry employees also pay local property and. sales taxes, Largest Producing Mines State and Local GovernmentTax Obligations - Land: State Mining Locat Status Royalty License Govt Payments Tax Payments Uslbiell Coal State J� V, Gieehsreek -. ,'P,r3vate-�.', .. Red Dog Private J -Fort Knox State/Mental Health Trust Pogo State J J v An estimated $105 million to _ state government in rents, royalties, fees, and taxes, including $55 million in mining license tax, rents, royalties, fees, and 1gE, other payments, $50 million in corporate - income tax, making mining a. Alaska's second highest corporate income tax''d"' paying sector after the petroleum sector. _ Over$42.1 million in other state government -related revenues, including: b $18.5 million to the Alaska Railroad Corporation — $11.2 million for moving coal and S7.3 million for moving sand and gravel. ♦ $22.0 million to Alaska Industrial Development & Export Authority for the use of state-owned facilities. O $1.6 million to the Alaska Mental Health Trust for rents and royalty, payments, and construction material sales. Partnering with Alaska Native Corporations All Alaska Native corporations benefit from mining industry activity — in 7(i) and 0) royalty sharing payments, in jobs for shareholders, or through business partnerships. ® $212 million in royalties paid by Red Dog to NANA; of which $ I22 million was redistributed to other Alaska Native regional and village corporations 6 56% of the 485 year-round jobs at Red Dog are filled by NANA shareholders, fncludfng7eck Cominco, NANA Lynden and '.NANA Management Services jobs. 6 Calista Corporation anticipates s700,000 in royalties for mineral agreements, including lode. exploration, placer gold production, and construction material sales. 86% of the 210 jobs at Donlin Creek Project filled by Calista shareholders. Projects with near -term potential will directly benefit Bering Straits Native. Corporation and Sitnasuak Native Corporation (Rock Kenai Peninsula BorouLyh 2009 - 7:00 PM Milli Martin Assembly President Seat 9 - South Peninsula Term Expires 2009 Pete Sprague Assembly Pica President Seat 4 - Soldotna Term apires 2010 Paul Fischer Assembly Member, Seat 7 - Central Term Expires 2010 Gary Knapp Assembly Member Seat I - Kalifornsky Term Fapires 2009 ,long ;....,emblyMember Seat 6 - East Peninsula Term Expires 2009 - Charlie Pierce Assembly Member Seat S-Sterling/FurmyRiver Term Expires 2011 Hal Smalley Assembly Member Seat 2 - Kenai Term Expires 2011 Bill Smith Assembly -Member Seat 8 - Homer Term Expires 2011 Gary Superman Assembly Member Seat 3 - Nikishi Tenn Expires 2010 May 5, 2009 Ass°e Agenda, Regular Meeting Seward City Council Chambers, Seward, Alaska 99 0 1 9iXVItiD i el9WDIS B. PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL F. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) G. APPROVAL OF MINUTES *1. April 21, 2009 Regular Assembly Meeting Minutes ........... 1 1, Mayor's proclamation Declaring May 10 - May 16, 2009 as 'National Hospital Week.. ................. 16 L PRE'SENTATIONtS WITH PRIOR NOTICE (2o minutes total) 1. LaDawn Druce, President, Kenai Peninsula Education Association, "Funding to the Cap" (lo minutes) 2. Shanon Hamrick, Executive Director, Kenai Peninsula - Tourism Marketing Council "2008 Tourism Sales Figures" (10 minutes) J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) - -177- Page 1 of 7 IN L. MAYOR'S REPORT .............................................. 1. Agreements and Contracts a. Approval of Waiver of Formal Bidding Procedures, Purchase of Landscape Fertilizer from Alaska Garden and Pet Supply ........... 18 b. Sole Source Authorization for Kenai Watershed Forum to Perform Work on the Riverbank Restoration at Crooked Creek .............. 19 C. Sole Source Authorization for D & D Welding to Manufacture Bear Resistant Solid Waste Containers ......... .............. 20 d. Approval of Contract with 2 Bears Trucking to Apply CaCl to KPB Central Region Roads ............ .......................... 21 e. Approval of Contract with 2 Bears Trucking to Apply CaCl to KPB West Region Roads.........................................22 f. Approval of Contract with 2 Bears Trucking to Apply CaCl to KP13 North Region Roads ..................... .................23 g. Approval of Contract for Metco, Inc. to Apply CaCl to KPB East Region Roads ............................................... h. Authorization to Award Contract for CES KasiIof Fire Station High Capacity Well and Fill Port to Dan Sterchi Construction ............ 25 i. Authorization to Award Contract for Central Peninsula Landfill C & D Expansion w CIC, Inc ......................................27 j. Authorization to Award Contract for Beluga Landfill Operations and Maintenance to D'& L Construction Company ..................... 29 k. Approval to Award to Marita Sea & Ski for Purchase of Nikiski Rescue Boat ..... ...... ..... .... I .......... .......... 31 2. Other a. Investment Portfolio Report .................................... 32 b. Update on Kachemak Emergency Services Transition .............. 34 May 5.2009 Page 2 of 7 -178- M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2008-19-48: Appropriating $250,000 to Upgrade the Cooling System for the Management Information Computer Room(Mayor) (Referred to Finance Committee) ............................................. 36 2. Ordinance 2008-19-51: Appropriating $625,000 of Interest Income to Paythe Cost of Capital Improvements at the South Peninsula Hospital (Martin, Mayor) (Referred to Finance Committee) .............................. 70 3. Ordinance 2009-21: Amending KPB 5.12.050(b) to Provide for Valuation and Flat Tax Appeal Filing Fees to be Refunded to Appellants Who Participate in Person or Telephonically in Board of Equalization Hearings (Mayor, Superman) (Referred to Policies and Procedures Committee) ........ 74 4. Ordinance 2009-22: Approving a Cooperative Agreement Between the Kenaitze/Salamatof Tribally Designated Housing Entity and the Kenai Peninsula Borough that Provides for the Borough to Accept a Payment in Lieu of Taxes in Exchange for Continued Borough Services (Mayor) (Referred to Policies and Procedures Committee) ........................ 77 N. UNFINISHED BUSINESS - None ®. NEW BUSINESS 1. Bid Awards *a. Resolution 2009-038: Authorizing Award ofContract fortheBastien Drive Paving Project (Mayor) (Referred to Finance Committee) ...... 84 *b. Resolution 2009-039: Authorizing Award of Contract for the Midway Drive Paving Project (Mayor) (Referred to Finance Committee) ...... 88 2. Resolutions May 5, 2009 *a. Resolution 2009-040: Determining the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2010 (Mayor) (Referred to Finance Committee) ............ . ......... 92 *b. Resolution 2009-041: Authorizing Unexpended Funds from the School Capital Project 406748, Soldotna High School Auditorium AMP/Speaker Upgrade, to be Made Available for Maintenance Issues Identified During the Auditorium AMP/Speaker Upgrade Project (Mayor) (Referred to Finance Committee) ....................... 98 Mea Page 3 of 7 May 5, 2009 *c. Resolution 2009-042: Establishing a Public Safety Communications Supervisor Position and a Public Safety Dispatch Position in the Borough 911 Center (Martin, Mayor) (Referred to Policies and Procedures Committee) ... ............................. 101 3. Ordinances *a Ordinance 2008-19-55: Appropriating an Additional $246,780 to Cover Costs in Excess of Budgeted Amounts for Fire Alarm and ADA Upgrades at Nikiski Conxmmunity Recreation Center and Awarding of a Contract (Mayor) (Hearing on 06/02/09) (Referred to Finance Committee) ........................................ 106 *b. Ordinance 2009-19: Appropriating Funds for Fiscal Year 2009-2010 (Mayor) (Hearings on 05/19/09 and 06/02/09) (Referred to Finance Committee) .............................:................III C. Ordinance 2009-28: Authorizing the Use of Funds Appropriated in Ordinance 2008-19-42 for Outside Counsel to Advise the Board of Equalization and Board of Adjustment in Addition to the Nikiski Beach Access Case Counsel (Mayor) (Shortened Hearing on 05/19/09) (Referred to Finance Committee) ..................... 116 4. Other *a. Confirming an Appointment to the KPB Moose Pass Advisory . Planning Commission (Referred to Policies and Procedures Committee) ... ............ .............119 Paul Wiest Seat F Term to Expire: 09/30/10 *b. Confirming an Appointment to the KPB Road Service Area Board (Referred to Policies and Procedures Committee) . . .............. 122 Louis F. Oliva, Jr. North Region Term to Expire: 09/30/10 *c. Petition to Vacate a portion of Leonidus Circle; a 60-foot right-of-way and 50-foot radius cul-de-sac, and any associated utility easements adjacent to Lots 9, 10, 11 and 12, dedicated by Cache Subdivision (Plat IN 84-269), within Section 13, Township 7 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2009-040; (Note: 50-foot radius cul-de-sac proposed to be dedicated in relocated location on vacation replat); Location: Off Pipeline Road in Nikiski (Referred to Lands Committee) ...........................................124 Page 4 of 7 [Clerk's Note; The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled April 13, 2009 meeting. ] *d. Petition to Vacate KlcherRoad, the 33-footwideby365-foot portion of the R/W adjacent to the south boundary of Lot 1, dedicated by Kilcher Park Estates Burton Addition (Plat HM 2003-65), and associated utility easements. AND Vacate the 33-foot portion of the section line easement underlying the above mentioned Kilcher Road vacation and the rest of the 33-foot section line easement nortli of the south boundary line of section 23. Also vacating 450.5 feet of the 13-foot section line easement south of the north boundary line of section 26, starting from the eastern corner and measuring west. Township 5 South, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB Files 2008-137 & 2008-138, as shown on the attached plat. Petitioners: Catlin and Thomas Clyde Burton of Kailua, HI & Otto Edwin Kilcher of Horner, AK; Location: Fritz Creek area; (Continued from March 23, 2009 Planning Commission meeting,) (Referred to Lands Committee) 134 [Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled April 13, 2009 meeting. ] P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. May 18, 2009 Budget Work Session #2 10:00 AM Soldoma 2. May 19, 2009 Regular Assembly Meeting 7:00 PM Soldoma R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Resolution 2009-017: Supporting the Proposed Closure of Portions of Peterson and China Poot Bays to Shellfish Harvest to Sustain Educational Use (Martin) (Referred to Legislative Committee) Tabled 03103109 2. Ordinance 2008-19-23: Appropriating $550,000 from the Nikiski Fire Service Area Capital Project Fund for Purchase of a New Ty pe A Fire Engine (Mayor) (Referred to Finance Committee) Tabled 11118108 Mays, 2009 -181- 5 of 7 May 5, 2009 3. Ordinance 2008-19-52: Appropriating $124,754 in the General Fund for Transfer to the General Government Capital Project Fund for Supplemental Cost Associated with Expanding and Improving the Borough Administration Building Parking Lot (Mayor) (Hearing on 05/19/09) (Referred to Finance Committee) 4. Ordinance 2008-19-53: Transferring the Fund Balance of the Coastal Zone Management Fund to the General Fund (Mayor) (Hearing on 05/19/09) (Referred to Finance Committee) 5. Ordinance 2008-19-54: Accepting and Appropriating $83,080 from the U. S. Department of Interior for Crooked Creek Recreation Area Riverbank Restoration Under the Coastal Impact Assistance Program (Mayor) (Hearing on 05/19/09) (Referred to Finance Committee) 6. Ordinance 2009-03: Amending KPB Chapter 5,35, Special Assessments —Public Utilities, to Redefine Benefitted Parcels to Include Those Whose Owners Approve the Assessment District and Intend to Connect to the Main Utility Line (Superman, Knopp) (Referred to Policies and Procedures Committee) Tabled 03103109 Ordinance 2009-23: Designating Certain Administrative Employees as Upper Management and Providing for Disciplinary and Termination Appeal Procedures (Superman) (Hearing on 05/19/09) (Referred to Policies and Procedures Committee) 8, Ordinance 2009-24: Amending KPB Chapter 3.04, Personnel, to Require that Qualifications and Job Descripaons for Certain Administrative Positions be Approved by the Assembly and that Vacancies for Such Positions Shall Be Publicly Advertised Prior to Being Filled (Smith, Sprague) (Hearing on 05/19/09) (Referred to Policies and Procedures Committee) 9. Ordinance 2009-25: Amending KPB Chapter 5.35, Utility Special Assessment Districts, to Clarify Procedures forthe Creation ofUtility Special Assessment Districts (Martin, Sprague) (Hearing on 05/19/09) (Referred to Policies and Procedures Committee) 10. Ordinance 2009-26: Amending KPB Chapters 20.12 and 20.20 to Establish a Subdivision or Replat Submittal Procedure for Second Class Cities Within the Borough and to Clarify Regulations Regarding Minimum Lot Size and Amending KPB Chapter 21.01 Regarding Delegation of Planning, Platting, and Zoning Powers to Cities (Mayor) (Hearing on 05/19/09) (Referred to Lands Committee) Page 6 of 7 i 11. Ordinance 2009-27: Delegating Limited Platting Powers to Kachemak City for the Purpose of Regulating Minimum Lot Size Within Kachemak City Limits (Mayor) (Hearing on 05129109) (Referred to Lands Committee) T. INFORMATIONAL MATERIALS AND REPORTS The next meeting ofthe Kenai Peninsula Borough Assembly will be held on May 19, 2009, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KEN --AM 890 (South Peninsula), K201AO-FM 88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. Forfurther information, please call the Clerk's Office at 714-2160 or toll free within the Borough at1-800- 478-4441, Ext. 2160. Visit our website at www, borough.kenai. ak. us for copies of the agenda, meeting summaries, ordinances and resolutions. May 5, 2009 Page 7 of 7 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 May 6, 2009. 1. 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. 2. 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. 3. Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by 81,221.96 in the General Fund for Library Travel and Transportation. a. Substitute Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation. 4. Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures. 5. 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). 6. 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. 7. Resolution No. 2009-15 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled Kenai Courthouse Parking Expansion - 2009 for the Total Amount of $220,327.50. 8. Resolution No. 2009-16 -- Authorizing a Budget Transfer of $10,000 Within the Water and Sewer Special Revenue Fund From Contingency to Operating and Repair Supplies. 9. Resolution No. 2009-17 -- Authorizing a Budget Transfer Within the City Shop Department to Cover Costs in Excess of Budgeted Amounts for Operating and Repair Supplies. 10. Resolution No. 2009-18- Authorizing a Budget Transfer Within the General Fund, Police Department to Cover Costs for Equipping a New Police Cruiser. 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 Council prior to adoption without further public notice. Carol L. Freas, Ikenai City Clerk Posted: May 1,,20, r'' CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE MAY 6, 2009 COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at its regular meeting of May 6, 2009. 1. 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. 2. Substitute Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation. 3. Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures. 4. 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). 5. 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. 6. Resolution No. 2009-15 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled Kenai Courthouse Parking Expansion - 2009 for the Total Amount of $220,327.50. 7. Resolution No. 2009-16 -- Authorizing a Budget Transfer of $10,000 Within the Water and Sewer Special Revenue Fund From Contingency to Operating and Repair Supplies. 8. Resolution No. 2009-17 -- Authorizing a Budget Transfer Within the City Shop Department to Cover Costs in Excess of Budgeted Amounts for Operating and Repair Supplies. 9. Resolution No. 2009-18- Authorizing a Budget Transfer Within the General Fund, Police Department to Cover Costs for Equipping a New Police Cruiser. Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and/or resolutions may have be amendedby he Council prior to adopp without further public notice. Carol L. Freas, Kenai City Clerk Posted: May 7, 2009 AGENDA KENAI CITY COUNCIL — REGULAR MEETING ' MAY 6, 2009 7:00 P.M. xxxasxn KENAI CITY COUNCIL CHAMBERS htto0www.ci.kenei.akus ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Brenda Ahlberg, Executive Director, Boys & Girls Clubs of the Kenai Peninsula -- Kenai Club Benefits/Request for Funding Consideration. 2. Mark Schrag -- Zoning Instability 3. Kathy Johnson -- Limited Commercial Rezoning 4. D'Anna Gibson, KCHS Nordic Ski Team -- Request/Beach Cleaning ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. 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. 2. 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. 3. Ordinance No. 2399.2009 -- Increasing Estimated Revenues and Appropriations by $1,221.96 in the General Fund for Library Travel and Transportation. a. Substitute Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation. 4. Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures. 5. 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). 6. 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. 7. Resolution No. 2009-16 --Approving a Contract to Peninsula Construction, Inc. for the Project Entitled Kenai Courthouse Parking Expansion - 2009 for the Total Amount of $220,327.50. 8. Resolution No. 2009-16 --Authorizing a Budget Transfer of $10,000 Within the Water and Sewer Special Revenue Fund From Contingency to Operating and Repair Supplies. 9, Resolution No. 2009-17 -- Authorizing a Budget Transfer Within the City Shop Department to Cover Costs in Excess of Budgeted Amounts for Operating and Repair Supplies. 10, Resolution No. 2009-18- Authorizing a Budget Transfer Within the General Fund, Police Department to Cover Costs for Equipping a New Police Cruiser. ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15000. 3, *Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks from Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair from Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and; 5) Require Tattoo Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH). 4. *Ordinance No. 2404-2009 -- Authorizing a Budget Transfer of $11,000 Within the General Fund/Non-Departmental Account and Increasing Estimated Revenues and Appropriations by $11,000 to Provide for Funding to the Kenai Convention and Visitors Bureau to Compensate It for Lost Revenue Due to the Four -Month Closure of the Kenai Visitors and Cultural Center (the "Center") for Repairs to the In - Floor Heating System. 5. *Ordinance No. 2405-2009 -- Increasing Estimated Revenues and Appropriations by $8,590.27 in the General Fund for Reimbursement Received on the Kenai Historic Cabin Move Project. 6. *Ordinance No. 2406-2009 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts 7. *Ordinance No. 2407-2009 -- Increasing Estimated Revenues and Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts. 8. *Ordinance No. 2408-2009 -- Increasing Estimated Revenues and Appropriations in the Water & Sewer Fund for Costs in Excess of Budgeted Amounts. 9. *Ordinance No. 2409.2009 -- Increasing Estimated Revenues and Appropriations by $1,092.40 in the General Fund for Datamaster Training Reimbursements from the Alaska Highway Safety Office (AHSO). 10, *Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. 11, *Ordinance No. 2411-2009 -- Increasing Estimated Revenues and Appropriations by $175,000 in the Water and Sewer Fund and Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water and Sewer Extension Capital Project Fund. 12. Approval -- Lease of Airport Lands Outside the Kenai Municipal Airport Reserve/Alaska State Court System -- Lot 13, Block 1, Cook Inlet Industrial Air Park. 13. Discussion -- Schedule Executive Sessions for Annual Evaluations of the City Clerk, City Attorney and City Manager. 14. Discussion -- Schedule Board of Appeals Hearing/Kenai Landing. EXECUTIVE SESSION -- Financial Affairs of the City. 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 htto://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211