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HomeMy WebLinkAbout2009-05-20 Council PacketCOUNCIL MEETING DATE: Sewer Treatment Plant Streets Sho2 Dock Building Maintenance Animal Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc, on the city's webpage as soon as possible before leaving the office for the weekend. COUNCIL MEETING OF:� 9 •o��_ �, ,07L, I ill ®®® w COUNCIL MEETING OF:fT7 •• •� _ �• Page -s' of I BOYLE__ I I -lug • ®®_ COUNCIL MEETING OF: .el. ff M S V JOHNSON SMALLEY MOORE ELDRIDGE tj ROSS MOLLOY ` BOYLE PORTER U M S V ol- a MOLLOY BOYLE PORTER M S V JOHNSON SMALLEY _ MOORE ELDRIDGE ROSS MOLLOY BOYLE —� PORTER M S V JOHNSON SMALLEY _ MOORE ELDRIDGE ROSS MOLLOY BOYLE --- PORTER MOORE ELDRIDGE ROSS IKol: W:V M S ADD AS: E-3(b), Substitute B/Ordinance No. 2403-2009 -- AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO: 1) CHANGE THE USES OF SOME PERSONAL SERVICES, RESTAURANTS, DORMITORIES/ BOARDING HOUSES AND GREENHOUSES/TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LIMITED COMMERCIAL ZONE (LC); 3) CHANGE AUTOMOTIVE REPAIR FROM NOT PERMITTED (N) TO CONDITIONAL USE (C) IN THE LIMITED COMMERCIAL ZONE (LC); 4) ADD LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS AND MASSAGE THERAPISTS ARE PERSONAL SERVICES; AND; 5) REQUIRE TATTOO PARLORS AND MASSAGE THERAPISTS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH). AND LIMITED COMMERCIAL ZONE (LC). COUNCIL MEMBER ELDRIDGE ADD TO: E-10, Ordinance 2410-2009, E-10(a), Substitute Ordinance No. 2410-2009 and E-18, Resolution No. 2009-23 -- Request for postponements to June 3, 2009. FINANCE CONSENT AGENDA No changes. SUBSTITUTE B Suggested by: Councilman Eldridge t(c ciLv cf i 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 SOME PERSONAL SERVICES, RESTAURANTS, DORMITORIES/BOARDING HOUSES AND GREENHOUSES/TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LIMITED COMMERCIAL ZONE (LC); 3) CHANGE AUTOMOTIVE REPAIR FROM NOT PERMITTED (N) TO CONDITIONAL USE (C) IN THE LIMITED COMMERCIAL ZONE (LC); 4) ADD LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS AND MASSAGE THERAPISTS ARE PERSONAL SERVICES; AND; 5) REQUIRE TATTOO PARLORS AND MASSAGE THERAPISTS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH). AND LIMITED COMMERCIAL ZONE (LC). 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 and massage therapists are considered personal services and as such are a principal permitted use in the TSH and LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors and massage therapists to get conditional use permits in the TSH and LC 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." New Text Underlined; [DELETED TEXT BRACKETED]. Substitute B Ordinance No. 2403-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. ATTEST: Carol L. Freas, City Clerk Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: June 20, 2009 New Text Underlined; [DELETED TEXT BRACKETED] Substitute B Ordinance No. 2403-2009 Attachment "A" 14.22.010 Land use table. LAND USE TABLE KEY: P= Principal Permitted Use C =Conditional Use S = Secondary Use N = Not Permitted Page l 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 II, IH ED R TSII ! LC CMU One Family Dwelling Cis P P P P P P P21 S1 S' S` Cs'' P P PS`/Ca' Two/Three Family Dwelling; 0 P P P P P j P P2' S, C C C11 P P P S'/C"' Four Family Dwelling Cis P C' P N N P P" S� C C C" N P C S'/C21 Five/Six Family Dwelling Cs C' N P N N P P" Sj C C P C lS'/C2' Seven or More Family Cis C' N C' N N P P- S' C C P C SI/C1Dwelling Townhouses" C'e C C j C C C C C C C C INN C! C C Mobile Nome Parks' N C C C C C C C C C C N [C] C Planned Unit Residential Development' C-'s C C C C C C C C C C N C C C C COMMERCIAL LAND USES C RR G RRI RS I RS] RS2 RE CC CG IF In ED R TSH 1 LC CMU Automotive Sales N C C N N N C P P P P l N N N' N P FAmorrotive Service Stations N C C N N N C P P P P N C N N P Banks N C C C N N C P P P C N C C C P Business/Consumer Services N C C C N N C P P P C N C C! C P Guide Service N �', C C C N N C P P P P N P P C P Hotels/Motels N I C C C N N C i P P E P C N C P C P ;Lodge N C C C N N C P P P C N P P C P Professional Offices N C C I C N N P I' P j P P N C P P P Restaurants N C C C N N C P 41P�p C N C C [P] C P Retail Business N'fi C C C N N C P P S�` Su C C P 'Wholesale Business N C C C N! N C C P P! P N Sr` C C N `Theaters/Commercial Recreation N C [ C C Nf i N C P{ P C I C l N I P C C P Substitute B 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 IRS RSI RS2 RU CC CG IL III ED R TSH LC CMU Airports and Related Uses P'0 ! C C C N N C P P P P N C N h N C Automotive Repair N C C C N N C P P P P N N N �[N] C P Gras Manufacturer/Storage N N C C N t N N N N 4 C' C' I N N N N N Manufacturing/Fabricating/ Assembly N C C C N N C C P P P N 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 NC C C N 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 I N PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS RSI RS2 RE CC CG IL III ED R TSH LC CMU . Charitable Institutions C C C C C C P P P P P P C P C P 'Churches* C P10 P'0 P'0 P'0 P'0 P. P�0 Pm C C P P10 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 ElementarySchools* C C C C C C C P P C C P C C C I 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 I C i P Libraries* C C C C C C C1e 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 and Recreation P C C C C C C P P P P P P P C P Assisted Living C C C C C C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CG IL I ED R TSH LC :CMU- Animal Boarding° C C C C C N N C C C C N C N C C Bed and Breakfasts C C C C C C C C C C C N C- C C P Cabin Rentals C C C C#N', N N P P- P C N Y P CCemeteries C C C CN N N C C C N C C NCrematories/Funeral Homes N C N C N C C C C C N C C C C Day Cue Centers12 C C C C C C C P P P C C C C P P Dormitories/Boarding Houses C C C C C C P P21 S C P P�° C C [P] �- P 'Essential Services P P I I' P P P P P P P P P! P i P P P Parming/General Agriculture"* P P N N N N N N N N P N P N N N r NGeenhses/Tree urseriesou" C C C E C C f C C P P P C N C I C P] ( P Substitute B 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 MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CG IL IH ED R TSH LC CMU Gunsmahing, Printing, N C C C C C C P r P P P N C P P P Taxidermy ! I f Assemblies"(Large: C C 1 C C C C C P" P" P''` t P" P's C j P N P's 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 Nursing, Convalescent or N C C C C C C P P C" C C C C C P Rest Homes Parking, Off -Street 4 P P P P ! P P 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 C Personal Services` C j C C j C C C C P P P P C C P'r P'� P Radio/TV P P C C C C C P P P P P C C C P "transmitters/Cell Sites** Recreational Vehicle Parks C C C C N N C C C C C N C C N C Subsurface Extraction of C C C C C' C C C C C C N C N j N N Natural Resources'° i Surface Extraction of C C C C N N C N� C C� C� N C N N i N Natural Resources" I * See 42 USCA Sec. 2000cc (Religious Land Use and institutionalized Persons Act of2000) See 42 Telecommunications Act of 1996, Sec. 704(a) * See, however, the limitations imposed under KMC 3.I0,070 Footnotes: 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 falls under the landscaping/site plans requirements of KMC 14.25 shall include any) secondary uses in the landscaping and site plans. 2. One (1) single-family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per 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 principal uses in j the RR zone; f d. Water and sewer- facilities shall meet the requirements of all applicable health regulations; f e. The proposed 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; f. 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; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Flomes' section. Substitute B 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 the minimum Federal Housing Authority 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 applicable safety and fire regulations are met. 10. 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 line and provided further 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 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 sm rounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. 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 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 1420.070(a), except that for properties contained inside the airport perimeter fence or having access to aircralimovement 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/TSH zones. I22. 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, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the TSH and LC zone, tattoo parlors and massage therapists are allowed as a conditional use 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. Meu�luf KEHAI ASKA To: Rick Koch, City Manager "!/illaye with a Past, C# with a Future" 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: May 20, 2009 Re: Postponement of Ordinance 2410-2009 after public hearing and Resolution 2009-23 until the June 3, 2009 council meeting. After completion of the public hearing on Ordinance 2410-2009 it is requested that action on the Ordinance be postponed and a second public hearing be scheduled for the June 3rd council meeting. It is also requested that action on Resolution 2009-23 also be postponed until the June 3`d council meeting. KMC 7.25.010(c) requires a notice of public hearing be published in a newspaper of general circulation in the City not less than one (1) week before the public hearing. Notice did appear in the Monday, May 18tn Peninsula Clarion but it is insufficient to meet the requirements of KMC 7.25.010(c). Notice will be published in the Sunday, May 27t" edition of the Peninsula Clarion for the June 3rd council meeting. From: Cary Graves Sent: Wednesday, May 20, 2009 4:20 PM To: Patricia Porter; rossrck@hotmaii.com; Mike Boyle; Bob Molloy; Hal Smalley, Barry Eldridge; Joe Moore Cc: Rick Koch, Carol Freas Subject: Conflict of Interest Question on Agenda Item H-6 Mayor Porter and Councilors I was requested to issue an opinion regarding whether Council Member Boyle has a conflict of interest that would preclude him from voting on Agenda Item H-6 regarding city funding for construction and placement of a storage building at the Kenai Visitor. Council Member Boyle called me yesterday afternoon to give me some background information regarding the project. The basic outline of the project is that the Kenai Peninsula Borough School District (KPBSD) has a summer construction academy. KPBSD will employ (via a three week contract extension) Council Member Boyle to help with the academy. Mr. Boyle's contract extension is not contingent upon the City approving money for the storage shed completion. The proposal is a joint KPBSD and City project to build a storage building at the Kenai Visitor's Center. (See page 150 of the Council Packet for the May 20, 2009 Kenai City Council). The City owns the Kenai Visitor's Center, but has contracted the management of it out to the Kenai Visitors and Convention Bureau. KPBSD would provide the materials and labor to frame the shed. The estimated cost of the materials the City would provide to finish the project is at least $5,000 but perhaps up to $14,000. Last year Ordinance 2319-2008 adopted a new code of ethics for the City. It was effective July 18, 2008 and is contained in KMC 1.85. KMC 1.85.060(d) states in part that, "No Council or commission member may vote on any question in which he or she has a substantial direct or indirect financial interest." In this case Mr. Boyle is being paid for three weeks to work on a this project for the KPBSD. Since he is being paid by KPBSD to work on the project, he has a financial interest in it. Put another way, the question is: should a Council Member be allowed to vote regarding a joint project with another organization if he/she is being paid by the other organization to work on the joint project? It is my opinion that the answer is no. Also see 45 CFR 73.735-801: Example 2 (Financial Interest), which states in part, "An employee has a paid part-time position with a non-federal organization. If the organization is likely to be affected by a matter in which the employee participates as a Government official, the employee would violate" the law. This example illustrates the proposition that government officials should not participate in decisions that directly benefit their employers. The next question is whether Council Member Boyle has a "substantial direct or indirect financial interest" in the project. (Emphasis added). The code provides five factors to look at to determine whether a direct or indirect financial interest is substantial. See KMC 1.85.060(d)(1). They are: 1) whether the financial interest is a substantial part of the consideration; and 2) whether the financial interest directly or indirectly and substantially varies with the outcome of the official action; and 3) whether the financial interest is immediate and known or conjectural and dependent on factors beyond the official action; and 4) whether the financial or private interest in significant monetarily; and 5) other factors deemed appropriate by the presiding officer under the specifics of the disclosure and the nature of the action taken. It is my opinion that based on the five factors in KMC 1.85.060(d)(1) Mr. Boyle's financial interest in the project is substantial by virtue of his employment on the project. For the above reasons, it is my opinion that under the new city ethics code, Mr. Boyle does have a substantial direct or indirect financial interest in the project and should be excused from participating in the decision. However, that does not mean the Council cannot go forward with the project if four of the remaining Council Members vote in favor of it. I hope this answers the questions Council has regarding this issue. Please let me know if you have any further questions or would like more information. Cary R. Graves Kenai City Attorney CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged information. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. if you have received this electronic mail in error, please contact sender and delete all copies. COUNCIL MEETING OF: ;FeqT NAME ADDRESS TOPIC Agenda or Non -Agenda Item? TESTIMONY SIGN -IN SHEET NAME ORGANIZATION RESIDENCE ADDRESS/ PHONE NUMBER � IF CITY RESIDENT Aj, c-\j6 P2a qoct AGENDA KENAI CITY COUNCIL — REGULAR MEETING MAY 20, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 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. 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) StimulusPackage."........................................................................................ 1 (Clerk's Note: Ordinance No. 2395-2009 was postponed, no time certain, at the April 1, 2009 council meeting. The motion to adopt is active.) a. Substitute Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,888,252.65 in the Airport Apron Rehabilitation - Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package ...................... 3 2. 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." ..................................... 4 (Clerk's Note: Ordinance No. 2396-2009 was postponed as amended with Substitute Attachment B, to the May 20, 2009 council meeting. The motion to enact is active.) a. Substitute 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........ ....... .........._ ....I................ ......................... 20 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); C 2) Change Mobile Home Parks from Conditional Use (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)........................................................ 51 a. Substitute Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries From Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and, 5) Require Tattoo Parlorsand Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District and Limited Commercial Zone (TSH).............. 73 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......................................................... 79 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: ......... ........................ 88 6. Ordinance No. 2406-2009 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts ................................ 90 7. Ordinance No. 2407-2009 -- Increasing Estimated Revenues and Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts.. 94 8. Ordinance No. 2408-2009 -- Increasing Estimated Revenues and Appropriations in the Water & Sewer Fund for Costs in Excess of Budgeted Amounts...................................................................................................... 96 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)...................... 98 10. Ordinance No._2410-2009 --'.Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010..................................... 99 a. Substitute Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010................................................................................................... 101 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 .......................................... 108 12. Resolution No. 2009-19 -- Dedicating Monies Received From Facility User Fees for Use of the Alaska Fire Training Center for Major Maintenance of the Center......................................................................................................... 116 13. Resolution No. 2009-20 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Rehabilitate Apron 2009-2010 for the Total Amount of $2,578,797.65 Which Includes the Basic Bid Schedule 1 and Additive Alternates 1, 2, and 3............................................................... 118 16. Resolution No. 2009-21 -- Awarding the Bid to Kachemak Electric for LED Streetlight Installation - 2009 for the Total Amount of $1,038.00 Per Fixture Furnish and Install........................................................................................ 121 17. Resolution No. 2009-22 -- Supporting an Alaska Department of Transportation & Public Facilities (ADOT/PF) Project to Renovate and Improve Beaver Loop Road and Construct a Separated Pedestrian Pathway Along Beaver LoopRoad.................................................................................................... 123 18. Resolution No. 2009-23 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commending July 1, 2009 and Ending June 30, 2010..................... 131 ITEM F: MINUTES 1. *Regular Meeting of May 6, 2009.................................................................. 132 ITEM G: ITEM H: 1. Ratification of Bills......................................................................................... 2. Approval of Purchase Orders Exceeding$15,000.............................................. 155 3. *Ordinance No. 2412-2009 -- Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai ...................... 156 4. *Ordinance No. 2413-2009 -- Increasing Estimated Revenues and Appropriations by $350,000 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund .......................... 158 5. *Ordinance No. 2414-2009 -- Amending the Land Use Table in KMC 14.22.010 for the Limited Commercial Zone (LC) by Listing Which Personal Services Require Conditional Use Permits (C) and Which Are Principal Permitted Uses(P)......................................................................................... 161 6. Discussion -- Connex Placement/Kenai Convention &, Visitors Center Property. 167 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging. ........................................................................................... 183 2. Airport Commission..................................................................................... 3. Harbor Commission....................................................................................... 184 4. Library Commission....................................................................................... 188 5. Parks & Recreation Commission.................................................................... . 6. Planning & Zoning Commission...................................................................... 192 7. Miscellaneous Commissions and Committees a. Beautification Committee........................................................................... 198 b. Alaska Municipal League Report................................................................. c. Mini -Grant Steering Committee.................................................................. d. Advisory Cemetery Committee ........................................... ......................... e. Kenai Convention 8a Visitors Bureau........................................................... f. Salmon Task Force.. ................................................................................... ITEM J: REPORT OF THE MAYOR ................................. ' .........I........... ITEM K: 1. City Manager................................................................................................. 202 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, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2365-2608 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI 0 budget process.) Ordinance No. 2349-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development -Preparation -Distribution -Publication -Late Materials. (Clerk's Note: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as an ordinance identifying those items to codify.) Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. (Clerk's Note: Ordinance No. 2394-2009 was postponed, no time certain, at the April 1, 2009 council meeting.) Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. (Clerk's Note: Ordinance No.2 398-2009 was postponed, no time certain, at the May 6, 2009 council meeting.) EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT INFORMATION ITEMS MAY 20, 2009 1. 5/20/2009 Purchase Orders Between $2,500 and $15,000 for council review............................................................................................................ 212 2. 5/5/09 City of Kenai Dock Rate Schedule........................................................ 213 3. 5/ 14/09 RK memorandum/Administration's Suggested Ordinance No. 2347- 2008, Substitute C for review........................................................................ 214 4. 5/ 13/09 RM transmittal/Suggested Ordinance No. 2347-2008, Substitute D for review.............................................................................. ........ 219 ; 5. 5/ 11/09 GS memorandum noting promotion of B. Reid to Chief Animal Control Officer......................................................................... ............................... 230 6. 5/l/09 'RM transmittal/Public Record Request automation product information.................................................................................................. 231 7. North/South Beach Volunteer Outreach Services related to Personal Use Fishery -- Special Use Permit/Chugiak Baptist Organization and Salmon Frenzy Proposal....................................................................................................... 237 8. 5/ 14/2009 Kenai River Special Management Area Meeting Agenda and 4/9/2009 meeting minutes............................................................................. 249 9. 5/ 19/09 Kenai Peninsula Borough Assembly Meeting Agenda ......................... 254 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2395-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, Ordinance No. 2386-2009 and 2394-2009 appropriated funds for Phase A and B respectively of the Airport Apron Rehabilitation Project which is projected to have a total project cost of $9,012,573; and, WHEREAS, "American Recovery and Reinvestment Act" (ARPA) grant funds totaling $2,415,000 are now available for Phase C and the City has been awarded a giant totaling this amount with no local or State required matching funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, appropriations be increased as follows: Airport Apron Rehabilitation -Stimulus Capital Project Fund Increase Estimated Revenues: Federal Grant Revenue $2,415,000 Increase Appropriations Administration $ 48,300 Engineering 1,93,200 Construction 2,173,500 $22 415 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of April, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: __ %�. PAT PORTER, MAYOR Introduced: March 18, 2009 Adopted: April 1, 2009 Effective: April 1, 2009 New Text Underlined; (DELETED TEXT BRACKETED] -1- �` Ikeci'yaf �/ KENAI, ALASKA' To: Rick Koch, City Manager `"Vi° lage with a Past, C# with a Fatare" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 From: Terry Eubank, Finance Director I dl_� Date: April 1, 2009 Re: Reconnnended postponement of Ordinances 2394-2009 and 2395-2009, Based upon recent communications with the FAA. it appears the amounts of the grants may differ from the amount contained in Ordinance 2394-2009 and 2395-2009. These grant amounts were communicated to the City by the FAA as expected levels of funding but final award amounts will be. based upon contractor bid amounts. To avoid future Ordinances to align appropriations with actual bid amounts and grant awards it is recommended that action be postponed on adoption of these ordinances, It is anticipated action would be requested at the May 20, 2009 council meeting in conjunction with a resolution authorizing award of the construction contract. Bids are scheduled to be due on May 7u, WZ SUBSTITUTE Suggested by: Administration sAEi3F1rV9_ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING REVENUES AND APPROPRIATIONS BY $2,888,252.65 IN THE AIRPORT APRON REHABILITATION - STIMULUS FUND FOR THE GRANT FUNDS AWARDED THROUGH THE "AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) STIMULUS PACKAGE. WHEREAS, Ordinance No. 2386-2009 appropriated funds for Phase A of the Airport Apron Rehabilitation Project which is projected to have a total project cost of $7,767,396.35; and, WHEREAS, "American Recovery and Reinvestment Act" (ARRA) grant funds totaling $2,888,252.65 are now available for Phase B and the City has been awarded a grant totaling this amount with no local or State required matching funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, appropriations be increased as follows: Airport Apron Rehabilitation -Stimulus Capital Project Fund Increase Estimated Revenues: Federal Grant Revenue 82,885,252.65 Increase Appropriations Administration $ 51,575.00 Engineering 257,880.00 Construction 2.578.797.65 $2.888��526� PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20cn day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7- PAT PORTER, MAYOR Introduced: March 18, 2009 Postponed: March 18, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Text Underlined; (DELETED TEXT BRACKETED) -3- Suggested by: Administration CITY OF KENAI '1*jZ40j99Aet •r AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE WITH THE ADDITION OF CHAPTER 10.40, ENTTITLED, "RELEASE OF PUBLIC RECORDS" AND "REGULATIONS CONCERNING PUBLIC RECORD INSPECTIONS." WHEREAS, the Kenai Municipal Code currently does not include a specific provision for the release of public records; and, WHEREAS, including specification for the release of public records in the Kenai Municipal Code is in the best interest of the city to provide definition and direction for requesting, exempting, responding to requests, etc. with regard to the release of public records. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Kenai Municipal Code be amended with the addition of Chapter 10.40, entitled "Release of Public Records" as provided in Attachment A and "Regulations Concerning Public Record Inspections" as provided in Attachment B. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of April, 2009, PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 1, 2009 Adopted: April 15, 2009 Effective: May 15, 2009 ME Sections: 10.40.010 Intent 10.40.020 Definitions 10.40.030 Information available to the public. 10.80.040 Records exempted. 10.40.050 Regulation of time, place and manner of inspection of public records. 10.40.055 Litigation Disclosure 10.40.060 Response to requests for public records 10.40.010 Intent. It is the intention of the City to provide full and free access of the public to municipal records and information so that the people of the City may be well informed at all times as to municipal business. With the exception of the specific exemptions set forth under Section 10.40.040, all information and records in the control of the municipality shall be made available to the public upon request. 10.40.020 Definitions. For the purposes of this chapter: (a) "Municipal agency" shall be defined as any department, division, board, commission or private contractor, of the City, which has custody of public records as defined in this chapter. (b) 'Public records" means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by the city or a municipal agency and that are preserved for their informational value or as evidence of the organization or operation of the city; "public records" does not include proprietary software programs. 10.40.030 Information available to the public. Except as provided by Section 10.40.040, or by other provisions of municipal, state or federal law, all public records shall be open to inspection by any person subject to guidelines regulating the time, place and manner of inspection which may be adopted by the City Clerk pursuant to Section 10.40.050. Documents are not required to be created in order to comply with an information request, but will be provided from documents/information that already exists. The types of records and information open to public inspection pursuant to this chapter shall include, but shall not be limited to, the following: Attachment "A" Ordinance No. 2396-2009 Chapter 10.40, Release of Public Records Page 1 of 5 -5- (a) Financial and operational cost information, including information as to revenues, expenditures, indebtedness, department budget requests, and formal departmental recommendations in regard to project priority; (b) Information relating to contracts to which the municipality is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by the municipality, and information relating to the status of goods or services furnished pursuant to contract; (c) Regulatory, financial assessment and tax information concerning real property located within the municipality; (d) Salary levels and fringe benefits accorded municipal officers and employees bylaw, including information in regard to the pay range and step grade of an employee or officer and statistical analyses or compilations relating to municipal practices and policies concerning compensation for various occupational groups, departments and divisions; (e) Statistical information and analyses concerning case loads, numbers and categories of persons for whom services were performed or treatment provided, results achieved and per patient and per unit cost; and, (f) Feasibility, management, cost effectiveness and similar reports prepared by the municipality with municipal moneys. The foregoing enumeration of information available for public inspection is not designed to limit the categories of records and information that shall be made available to the public pursuant to this chapter. The policy of providing public access to public information shall be broadly and liberally construed. 10.40.040 Records exempted. The City shall not be required to release or disclose the following documents or records: (a) Communications of any kind between the municipal attorney and officers or employees of the city, or any other individual, firm or corporation containing a legal opinion, memorandum or other disclosure or information pertaining to any matter then in litigation or where litigation may be reasonably anticipated. This exemption does not extend, however, to any documents, records or other written communication that may have been made public prior to the commencement of litigation and public records which must otherwise be disclosed cannot be withheld on the grounds that they have been submitted to the municipal attorney; (b) All personnel records of city officers and employees, including, without limitation, employment applications, examination materials, and performance evaluation records that reveal medical information about any specific individual; records the reveal the personal, intimate, or private life of an individual; and, in addition, any record the disclosure of Attachment "A" Chapter 10,40, Release of Public Records Ordinance No. 2396-2009 Page 2 of 5 10 which would constitute an unwarranted invasion of privacy; but this subjection does not protect from disclosure the following: (1) employment applications of city officials appointed by the city council; (2) employment applications of the director of each department of the city; (3) performance evaluations of city officials appointed by the city council to the extent the performance evaluations relate to the individual's job performance and do not impugn an individual's honesty, integrity, or morality outside of professional life; (4) the names and position titles of all city employees; (5) the current and prior positions held by a city employee. (6) the dates of appointment and separation of a city employee; and, (7) the records described in subsection 10.40.030(d). In the event of a request for disclosure of items described in subparts 1, 2, and 3 of this subsection, the City Manager, City Officials and Directors will be notified at least two (2) days prior to release of such records and may appeal the decision under KMC 10.40.060. (c) Records or information compiled for law enforcement purposes, but only to the extent the production of the law enforcement records or information: (1) could reasonably be expected to interfere with enforcement proceedings; (2) would deprive a person of a right to a fair trial or an impartial adjudication; (3) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of suspect, defendant, victim, or witness; (4) could reasonably be expected to disclose the identity of a confidential source; (5) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions; (6) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or, (7) could reasonably be expected to endanger the life or physical safety of an individual; (d) Information such as name, address, etc., that would identify complainants in actions to enforce any City regulation or ordinance, except as such disclosure may become necessary to a fair and just disposition of the enforcement proceeding; Attachment "A" Ordinance No. 2396-2009 Chapter 10.40, Release of Public Records Page 3 of 5 -7- (e) - Records held by the City concerning any customer using municipal services, release of which would be unwarranted invasion of privacy; (f) Engineering or other technical specifications or data which might provide a competitive advantage to any person, firm, or corporation engaged or potentially to be engaged in municipal business; (g) Information obtained by and in the custody of insurance carriers insuring the municipality and their attorneys and agents regarding possible and pending claims against the municipality; (h) Medical and related public health records; (i) Records pertaining to juveniles unless disclosure is authorized by law; (I) Records required to be kept confidential by law. 10.40.050 Regulation of time, place and manner of inspection of public records. The City Council shall adopt regulations as to the time, place, and manner of inspection of public records held by the municipality, Such regulations may also provide: (a) That a fee may be required. The fee shall not exceed the actual cost to the information request. In the event the person is unable to pay any requested fee, and signs an affidavit to the effect that he or she is indigent, there will be no cost to the above -described person. See Regulation 1.06, Regulations Concerning Public Record Inspections. (b) The form in which the specific documents shall be made available. Documents need not be reproduced in the exact form or medium in which they are stored. However, any alteration of the form or medium of public record shall not change the substantive content of the information contained in the public record. When the actual content is changed, the nature of the change and why it was necessary shall be communicated to the requestor. Regulations adopted pursuant to this section shall be posted in conspicuous manner at City Hall. 10.40.055 Litigation Disclosure. A public record that is subject to disclosure and copying remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving the city or any municipal agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with applicable court rules. In this section, "involved in litigation" means a party to litigation or representing a party to litigation, including obtaining public records for the party. Attachment "A" Chapter 10.40, Release of Public Records Ordinance No. 2396-2009 Page 4 of 5 -8- 10.40.060 Response to requests for public records. All requests for public information or records shall be approved by the City Clerk. The City Clerk, or his/her designee shall, consistent with the orderly conduct of municipal business, make a good faith and diligent effort to provide a rapid and intelligible, response to requests for inspection of records made pursuant to this chapter. To effect this policy, the following guidelines are adopted: (a) Information pursuant to this chapter shall be furnished promptly to the requesting party unless the information requested is declared privileged or confidential pursuant to applicable federal, state or municipal law. If the City Clerk or his/her designee considers the information to be privileged, after consultant with the City Attorney, he/shall prepare a slip setting for the date, the item of information requested, the specific provision of applicable state, federal or municipal law exempting the requested information from disclosure. A copy of this slip shall be provided to the party requesting the information. (b) A decision regarding a request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven (7) working days from the Council's consideration thereof either granting or denying the appeal. An appeal from the decision of the Council shall be to the Superior Court. (c) All requests for records and information made pursuant to this chapter shall be responded to within a reasonable time period. If the records and information cannot be located in time to make a response within five (5) working days of the request, the requesting party shall be promptly advised, and, if the requesting party still desires the information or records, a reasonable and diligent search shall continue. (d) If a request is deemed non -routine or large, written notification will be made to the requestor within five (5) working days with an estimate of production costs pursuant to KMC 10.40.060(c) and Regulation 1, Fees, Regulations Concerning Public Record Inspections. Attachment "A" Chapter 10.40, Release of Public Records Ordinance No. 2396-2009 Page 5 of 5 -9- FEES 1.01 Copies. The fee for copying public records is as follows: The first nine copies are free. There shall be a charge of $2.50, plus sales tax, for the tenth (loth) copy. There will be a charge of $.25, plus sales tax for each copy over ten (10). Copies of audio recordings to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first cassette tape and $5,00 for each additional cassette tape. 1.02 Certified Copies. The fee for a certified copy of a document will be the City's standard certification fee, plus the standard copying fee. At this time, the certification fee is ten dollars ($10.00) per document. Only the City Clerk or Deputy City Clerk will certify documents. 1.03 Production Fee. If the production of records for one requestor in a calendar month exceeds five -person hours, the requestor must pay a production fee. The production fee will be the city employee's actual salary, plus benefit costs, for the time required over five (5) hours during the month to search, review, and copy the records. If multiple city employees compile the requested records a composite hourly rate for all emplovees involved will be determined and a credit for five (5} hours at that rate will be applied. The time for review includes the time spent to examine the records for the purposes of determining whether the document is responsive to the request and whether the document will be disclosed or whether it must be withheld based on privilege, exemption, or other exception. The production fee will be in addition to the standard copying fee. Example of composite rate calculation is: Em Iovee A 15 hours cv S0 hour = 750.00 Em to ee B 4 hours I Ca-) 75 hour = 300.00 Employee C 2 hours a $35 hour _ 75:00 Totals 21 hours IL120.00 $1.120 _ 21 (total hours) = $53.33 (composite rate) 81,120 — ($53.33 x 5 free hours) = $ 853.35 to be paid by FOIA Requestor 1.04 Estimate and Advance Payment. If a production fee is required or anticipated under the preceding paragraph, the city staff will prepare an estimate of the production fee and copying fee that are expected to result from producing the requested records. The requestor must deposit the estimated production and copying Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 1 of 6 -10- fees in advance of the search. If the actual production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual production and copying fees are greater than the estimate, the records will not be released to the requestor until the requestor pays the difference. 1.05 Inspection Only. There will be no fee for simple inspection of records, except when the production of the records for inspection by one requestor in a calendar month exceeds five person -hours. In that case, the requestor will be required to pay the production fee as described in the preceding paragraphs. 1.06 Indigency. If a person is unable to pay a fee, and signs an affidavit to the effect that he or she is indigent, then the City Clerk will waive the copying fee and production fee, except when the City Clerk, based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently. Annual income as a Percent of current health And human services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1 - 100% 100% Waiver 101 - 149% 75% Waiver 150-174% 50% Waiver 175-199% 25 -Waiver 200% plus No Waiver An application for indigency may be filed with the City Clerk for waiving or partially waiving the costs of record reproduction. The City Clerk may allow an applicant, who qualifies as an indigent, a reduced record reproduction fee, a payment plan or a waiver of the filing fee where the City Clerk is able to make a written finding, based on information provided by the applicant that payment of the record reproduction fee would be a financial hardship. Based upon the information provided, the fee may be reduced or waived in accordance with the above scale." 2. REQUIREMENTS FOR•-D REQUESTS -- APPROVALSe DENIELS. 2.01 City Clerk Approval. According to Kenai Municipal Code, Section 10,40, all requests for public information or records are to be approved by the City Clerk, after consultation with the City Manager and City Attorney. (See Regulation 5.01) The City Clerk, or the Clerk's designee, will, consistent with the orderly conduct of city business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records. Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 2 of 6 -11- 2.02 Routine Requests. Routine requests for inspection or copying of records may be approved (but not denied) and responded to by the City Clerk, Deputy City Clerk, or the Department Head of the department in which the records are located. They may act as the City Clerk's designee for the approval of routine requests. For purposes of these regulations, a routine request is a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the city staff. Routine requests may be submitted orally or in writing. 2.03 Non -Routine Requests. Non -routine requests for inspection or copying of records must be made in writing and referred to the City Clerk for approval or disapproval. Non -routine requests include, but are not limited to, requests for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take more than one person -hour of staff time to respond, and requests from a person involved in litigation with the City. 2.04 Litigation Disclosure Requests. A person "involved in litigation means a party to a lawsuit involving the City, a person representing a party in a lawsuit, or a person requesting records on behalf of a party to a lawsuit. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines that a request for inspection or copying is being made by or on behalf of a person involved in litigation, the City Clerk, may deny the request and require the request be processed in accordance with applicable court rules under Kenai City Code, Section 10.40.055, 2.05 Aggregation of Certain Requests. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a production fee (for production of records requiring more than five person -hours of staff time per month), the City Clerk will aggregate all such requests and treat them as one request made by person. 2.06 Bad Faith Affidavit of Indigency. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines a person has made an affidavit of indigency in bad faith or fraudulently for the purpose of avoiding payment of production, copying, or other fees, the City Clerk will deny the waiver of the fees. 2.07 Harassment Request. If the City Clerk, in good faith, after consultation with the City Attorney, reasonably determines a request for copies or inspection of records is not made in good faith, and is made for the purpose of harassment of the City or city officials, or to purposely interfere with the orderly conduct of city business, Attachment T" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 3 of 6 -12- the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requestor to be heard by the City Clerk, 2.08 Description of Records Requested. A requester must describe the records sought in sufficient detail to enable the City to locate and identify the records sought. If the records are described by the requester in general terms, the city staff shall attempt to communicate with the requester to identify the records requested and lessen the administrative burden of processing an overly broad request. If the request is not sufficient to allow the staff to identify the requested records, the requester shall be notified promptly by the City Council, the request cannot be approved or processed until a sufficient description of the record is received. 2.09 Deliberative Process Records. There is a recognized need to encourage open, frank discussions among government officials about proposed or contemplated governmental action. Disclosure of official deliberations will inhibit those discussions, invade the mental processes of government officials, and adversely affect the quality of administrative decision making. Records containing deliberative process information are confidential and need not be disclosed. Accordingly, requests for internal, pre - decisional records that are deliberative in nature, will be denied unless the City Clerk, after consultation with the City Attorney, determines the requestor has established, on balance, the interest of the public in having access to the record outweighs the interest of the public in having city business carried on efficiently and without unreasonable interference. 3. TIME AND PLACE OF INSPECTION 3.01 Routine Requests. A routine request for records will be responded to promptly at the office where the records are kept, or another city office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of city business. If the records cannot be produced within five (5) working days, the requestor will be advised. 3.02 Non -routine Requests. Records in response to an approved non -routine request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or the City Clerk's designee. For the convenience of the City, the City Clerk may designate an inspection location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the requestor of the specific time and date on which the inspection may occur. If, and to the extent necessary to maintain the orderly conduct of city business, the City Clerk may limit the days and hours when inspection and copying of public records may occur. Attachment "B" Regulations Concerning Public Record Inspections Ordinance No, 2396-2009 Page 4 of 6 -13- 3.03 Large Requests. Qf a request is made for inspection or copying of a large volume of public records, the City Clerk; after consultation with the City Attorney, may require the requestor to make a written designation of the order in which the requester wants the records produced. When such order is designated by the requestor, the City will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as city staff time permits. The orderly conduct of city business will not be interrupted to make fast response to such a request. It is reasonable the maker of such a large request should expect an extended time for response. The City Clerk will advise the requestor of the estimated time in which the response will be made. 4.01 Form of Records. The records of the City will normally be made available for inspection or copying in the format in which the City maintains or disseminates the records. Exact reproduction is not required, but any alteration of the form or medium of public records must not change the substantive content of the information, and if the actual content is changed, the nature of the change and the reason for the change will be communicated to the requestor. 4.02 Summarization or Manipulation of Records. The City is not required to compile or summarize its records in response to a request for information. The City is not required to manipulate its data to create new records in response to a request for information. 4.03 Partially iiisclosable Records. If public records contain information that is disclosabie in part and non-disclosable in part, the non-disclosable information shall be removed prior to disclosure. DETERMINATIONS5. WRITTEN i 5.01 Written Response. If the City Clerk, after consultation with the City Attorney - And City Manager, makes an adverse determination, in whole or in part, to a written public records request, the City Clerk will provide a written response setting forth the adverse determination. It will include a description of the records requested, a description of the records that will not be provided, and the reasons for the adverse determination, including reference to provisions of lacy or regulations, facts, and other information relied upon. The City Clerk's written response will also include a notice the requestor has a right to appeal to the City Council. Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 5 of 6 -14- 5.02 Response to Oral Requests. Oral requests may be accepted for a routine request. Oral requests for records will not be accepted for a non -routine request or receive a written response from the City Clerk unless the requestor is unable to make a written request because of inability to write or because of mental or physical disability. In that case, the City staff will assist the requestor in making a request that will be responded to and treated as a written request for all purposes under these regulations. 5.03 When No Response is Deemed Denial. if the requestor receives no response to a written request for records within five (5) working days of making that request, the requester may file with the City Clerk a written demand for a written response. If the City Clerk does not give a written response to that demand within three (3) working days of the City Clerk's receipt of the demand, the request for records will be deemed denied. 5.04 Appeal to City Council. A denial, in whole or in part, a deemed denial, or any adverse written determination by the City Clerk in response to a written request for public records maybe appealed by the requestor to the City Council under City of Kenai Municipal Code, Section 14.20.290. 5.05 Appeal to Superior Court. A decision of the City Council on an appeal from a decision of the City Clerk may be further appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. Approved by Ordinance No. 2396-2009. DATED: This 151h day of April, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Attachment "B" Regulations Concerning Public Record Inspections Ordinance No. 2396-2009 Page 6 of 6 -15- ®'Klliaye With a N,5tj C# wA a Fatar°e " 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us KENAI, ALAKKA MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Frees, City Cl r DATE: March 26, 2009 RE: ORDdNANCE NO. 2396.2009 Ordinance No. 2396-2009, if passed, will amend the Kenai Municipal Code to include Chapter 10.40, "Release of Public Records" and 'Regulations Concerning Public Record Inspections" which were developed to enhance the code by setting standards for managing requests for public records. In addition to the code amendment and the regulations, attached is a copy of the newly developed "Public Records Request Form" and a "Policies & Procedures for Public Record Requests" which will assist as a quick reference when managing requests. If you have any comments, please contact me. -16- REQUEST IDENTIFICATION NO. (Year) (Sequence) .F '%d �(, hl NI rp �;',,yi��� 4C Fi/4 yY,`�.,. 'C aa€ F w i 'M''. ���""',�')y�/�. ✓✓/LLLL4��//Si1B)�yy?? 210 Fidalgo Avenue Phone: (907) 283-7535, ext. 231 Kenai, Alaska 99611 Fax:(907) 283-5066 cfreas o ci.kena .ak.us Name: Address: City: States I Zi : Email Address: DOCUMENTS R• I hereby request the following documents be specific, or YOU may attach a re uest letter Title of Record: Date of Record: Description of Record: I acknowledge and agree to pay the following charges for the documents requested: Copies = Up to nine pages are free. Up to ten pages are $2.50, plus sales tax, and $.25 (twenty-five cents) plus sales tax for each additional page. Copies of audio records to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first cassette tape and $5.00 for each additional cassette tape. I understand research is limited and will be charged per requestor in a calendar month exceeding five -person hours, i.e. the fee is the City employee's actual salary plus benefit costs. An estimate will be prepared and the requestor must deposit the estimated production and copying fees in advance. if the actual costs are greater than the estimate, the records will not be released until the difference is paid and if the actual costs are less, the requester will receive a refund of the difference. No fee for simple inspection, except when the production of records by one requestor exceeds five person hours in a calendar month pursuant to AS 40.25.110 C . I hereby certify: 1. I am not involved in litigation, in a judicial or administrative forum, nor am I acting on behalf of or otherwise representing any party who is involved in litigation with the City of Kenai to which the requested record is relevant; and 2. The requested public record is strict) for: My own personal use Use on behalf of: (Name of business, organization) I certify under penalty of perjury the foregoing statements are true. Print Name Si nature Date •• o u REQUEST ID NO. Staff Member Research Time I Date (minutes) Request received Request reviewed Records located Fee calculated Re uestor notified Documents provided Amount $ -17- CITY OF KENAI POLICES & PROCEDURES FOR PUBLIC RECORDS REQUESTS The State of Alaska Open Records Act governs access to public records. It requires a public record be made available to the public for inspection and copying during normal business hours. Most requests are subject to fees for copying costs, and in some instances, the cost of personnel time required to respond to the request. In no event, however, may the fee for copying public records exceed the standard unit cost of duplication set by the city. The Open Records Act is found at AS 40.25.100 to 40.25.220, and the pertinent sections for these purposes are AS 40.25.110 and 40.25.115. In order to ensure compliance with state law, the following procedures shall be followed whenever a request is received from a public citizen to inspect or copy public records of the City of Kenai. Waslo1a3* 1i:3 i37 ��A,i�Zii lSf lz • i s 1. A request for public records must be made from a public citizen to inspect or to obtain a copy of a public record. The request shall be in writing, on a form provided by the City Clerk, entitled "Public Records Request." 2. Upon receipt of a completed request form, date stamp the form in the space provided on the date received. Inform the Requestor a charge may be associated with the request. 3. Submit the completed Public Records Request form to the City Clerk to be processed. 4. The City Clerk shall: a. Review the request and determine in which city department the record may be held; b. Incorporate the requested information and department where the record may be held into a memorandum to the City Manager and request the City Manager to instruct his/her department head or his/her designee to provide an estimate of how much time will be required to research, compile, etc. the requested records and submit the information to the City Clerk. d. Upon receipt of the time/ estimate for providing the requested public record for review or copying and if it is found to exceed the five hour time limit Policies &- Procedures for Public Records Requests Page 1 so provided for in Regulations Concerning Public Record Inspections 1.03 and AS 40.25, request the Finance Director or his/her designee for a breakdown in costs for the employee(s) who will be researching/compiling the requested information. Upon receipt of the estimated cost information, forward that information to the Requester in writing, noting the estimated cost must be paid in advance of the research/compiling of the requested records to proceed. e. Upon receipt of payment of the estimated cost (if the amount of time to research/compile will be over five hours), notify the City Manager to proceed with the research/compilation of records requested. 5. The City Clerk, or his/her designee, shall process the request within five (5) days from its receipt. If a request cannot be processed with five (5) days of the date of receipt, the City Clerk shall contact the Requestor immediately to explain the reason for the delay and complete the request within a reasonable period. See KMC 10.40.060(d) and Regulation 1, Fees. 6. Once the request is processed and completed, the Requestor shall be contacted, in writing, to pick up the request. 7. Any public records request shall not be distributed to the Requestor unless and until all charges allowed by law are paid by the Requestor. 8. The City Clerk shall maintain a record of all "Public Record Requests." Public Record Requests shall be numbered. Policies & Procedures for Public Records Requests Page 2 s SUBSTITUTE Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE WITH THE ADDITION OF CHAPTER 10.40, ENTTITLED, "RELEASE OF PUBLIC RECORDS" AND "REGULATIONS CONCERNING PUBLIC RECORD INSPECTIONS." WHEREAS, the Kenai Municipal Code currently does not include a specific provision for the release of public records; and, WHEREAS, including specification for the release of public records in the Kenai Municipal Code is in the best interest of the city to provide definition and direction for requesting, exempting, responding to requests, etc. with regard to the release of public records. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Kenai Municipal Code be amended with the addition of Chapter 10.40, entitled "Release of Public Records" as provided in Attachment A and 'Regulations Concerning Public Record Inspections" as provided in Attachment B. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2009, PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 1, 2009 Postponed: April 15, 2009 Adopted: May 20, 2009 Effective: June 20, 2009 me Chapter 1 0 ?:C Sections: 0 :. ! 1 J. Intent 10.40.020 Definitions 10.40.030 Information available to the public. 10-80.040 Records exempted. 10.40.050 Regulation of time, place and manner of inspection of public records. 10.40.055 Litigation Disclosure 10.40.060 Response to requests for public records 10.40.010 Intent. It is the intention of the City to provide [FULL AND FREE) access of the public to municipal records and information consistent with the Alaska Public Records Act so that the people of the city may be well informed at all times as to municipal business. With the exception of the specific exemptions set forth under Section 10.40.040, all information and records in the control of the municipality shall be made available to the public upon request. 10.40.020 Definitions. For the purposes of this chapter: (a) "Municipal agency" shall be defined as any department, division, board, commission or private contractor, of the City, which has custody of public records as defined in this chapter. (b) "Public records" means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by the city or a municipal agency and that are preserved for their informational value or as evidence of the organization or operation of the city; "public records" does not include proprietary software programs. 10,40.030 Information available to the public. Except as provided by Section 10.40.040, or by other provisions of municipal, state or federal law, all public records shall be open to inspection by any person subject to guidelines regulating the time, place and manner of inspection which may be adopted by the City Clerk pursuant to Section 10.40.050. Documents are not required to be created in order to comply with an information request, but will be provided from documents/information that already exists. The types of records and Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 1 of 5 -21- information open to public inspection pursuant to this chapter shall include, but shall not be limited to, the following: (a) Financial and operational cost information, including information as to revenues, expenditures, indebtedness, department budget requests, and formal departmental recommendations in regard to project priority; (b) Information relating to contracts to which the municipality is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by the municipality; and information relating to the status of goods or services furnished pursuant to contract; (c) Regulatory, financial assessment and tax information concerning real property located within the municipality; (d) Salary levels and fringe benefits accorded municipal officers and employees by law, including information in regard to the pay range and step grade of an employee or officer and statistical analyses or compilations relating to municipal practices and policies concerning compensation for various occupational groups, departments and divisions; (e) Statistical information and analyses concerning case loads, numbers and categories of persons for whom services were performed or treatment provided, results achieved and per patient and per unit cost; and, (0 Feasibility, management, cost effectiveness and similar reports prepared by the municipality with municipal moneys. fg) The foregoing enumeration of information available for public inspection is not designed to limit the categories of records and information that shall be made available to the public pursuant to this chapter. The policy of providing public access to public information shall be broadly and liberally construed. 10.40.040 Records exempted. The City shall not be required to release or disclose the following documents or records: (a) Communications of any kind between the municipal attorney and officers or employees of the city, or any other individual, firm or corporation containing a legal opinion, memorandum or other disclosure or information pertaining to any matter then in litigation or where Iitigation may be reasonably anticipated. This exemption does not extend, however, to any documents, records or other written communication that may have been made public prior to the commencement of litigation and public records which must otherwise be disclosed cannot be withheld on the grounds that they have been submitted to the municipal attorney; (b) All personnel records of city officers and employees, including, without limitation, employment applications, examination materials, and Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 2 of 5 -22- performance evaluation records that reveal medical information about any specific individual; records the reveal the personal, intimate, or private life of an individual; and; in addition, any record the disclosure of which would constitute an unwarranted invasion of privacy; but this subjection does not protect from disclosure the following: (1) employment applications of city officials appointed by the city council; (2) employment applications of the director of each department of the city; (3) performance evaluations of city officials appointed by the city council to the extent the performance evaluations relate to the individual's job performance and do not impugn an individual's honesty, integrity, or morality outside of professional life; (4) the names and position titles of all city employees; (5) the current and prior positions held by a city employee. (6) the dates of appointment and separation of a city employee; and, (7) the records described in subsection 10.40.030(d). In the event of a request for disclosure of items described in subparts 1, 2; and 3 of this subsection, the City Manager, City Officials and Directors will be notified at least two (2) days prior to release of such records and may appeal the decision under KMC 10.40.060. (e) Records or information compiled for law enforcement purposes, but only to the extent the production of the law enforcement records or information: (1) could reasonably be expected to interfere with enforcement proceedings; (2) would deprive a person of a right to a fair trial or an impartial adjudication; (3) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of suspect, defendant, victim, or witness; (4) could reasonably be expected to disclose the identity of a confidential source; (5) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions; (6) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or, (7) could reasonably be expected to endanger the life or physical safety of an individual; (d) Information such as name, address, etc., that would identify complainants in actions to enforce any City regulation or ordinance, Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 3 of 5 -23- except as such disclosure may become necessary to a fair and just disposition of the enforcement proceeding; (e) Records held by the City concerning any customer using municipal services, release of which would be unwarranted invasion of privacy; (f) Engineering or other technical specifications or data which might provide a competitive advantage to any person, firm, or corporation engaged or potentially to be engaged in municipal business; (g) Information obtained by and in the custody of insurance carriers insuring the municipality and their attorneys and agents regarding possible and pending claims against the municipality; (h) Medical and related public health records; (i) Records pertaining to juveniles unless disclosure is authorized by law; 0) Records required to be kept confidential by law. (k) Any record, nondisclosure of which is authorized by a valid Alaska or federal statute or regulation, or by a privilege exemption or principle recognized by the courts, or by a protective order authorized by law. (f Sales tax information excluded from disclosure by KPB 5 18.040 as amended. 10.40.050 Regulation of time, place and manner of inspection of public records. The City Council shall adopt regulations as to the time, place, and manner of inspection of public records held by the municipality. Such regulations may also provide: (a) That a fee may be required. The fee shall not exceed the actual cost to the information request. In the event the person is unable to pay any requested fee, and signs an affidavit to the effect that he or she is indigent, there will be no cost to the above -described person. See Regulation 1.06, Regulations Concerning Public Record Inspections. (b) The form in which the specific documents shall be made available. Documents need not be reproduced in the exact form or medium in which they are stored. However, any alteration of the form or medium of public record shall not change the substantive content of the information contained in the public record. When the actual content is changed, the nature of the change and why it was necessary shall be communicated to the requestor. Regulations adopted pursuant to this section shall be posted in a conspicuous manner at City Hall. 10.40.055 Litigation Disclosure. Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 4 of 5 -24- A public record that is subject to disclosure and copying remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to'litigation, including law enforcement proceedings, involving the city or any municipal agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with applicable court rules. In this section, "involved in litigation" means a party to litigation or representing a party to litigation, including obtaining public records for the party. 10.40.060 Response to requests for public records. All requests for public information or records shall be approved by the City Clerk. The City Clerk, or his/her designee shall, consistent with the orderly conduct of municipal business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records made pursuant to this chapter. To effect this policy, the following guidelines are adopted: (a) Information pursuant to this chapter shall be furnished promptly to the requesting party unless the information requested is declared privileged or confidential pursuant to applicable federal, state or municipal law. If the City Clerk or his/her designee considers the information to be privileged, after consultant with the City Attorney, he/ prepare a slip setting for the date, the item of information requested, the specific provision of applicable state, federal or municipal law exempting the requested information from disclosure. A copy of this slip shall be provided to the party requesting the information. (b) A decision regarding a request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven (7) working days from the Council's consideration thereof either granting or denying the appeal. An appeal from the decision of the Council shall be to the Superior Court. (c) All requests for records and information made pursuant to this chapter shall be responded to within a reasonable time period. If the records and information cannot be located in time to make a response within five (5) working days of the request, the requesting party shall be promptly advised, and, if the requesting party still desires the information or records, a reasonable and diligent search shall continue. (d) If a request is deemed non -routine or large, written notification will be made to the requestor within five (5) working days with an estimate of production costs pursuant to KMC 10.40.060(c) and Regulation 1, Fees, Regulations Concerning Public Record Inspections. Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 5 of 5 -25- RECORDCITY OF KENAI REGULATIONS CONCERNING PUBLIC INSPECTIONS 1.01 Copies. The fee for copying public records is as follows: The first nine copies are free. [THERE SHALL BE A CHARGE OF $2.50, PLUS SALES TAX, FOR THE TENTH (10TH) COPY.] There will be a charge of $.25, plus sales tax for each copy over ten (10). Copies of audio recordings to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first cassette tape and $5.00 for each additional cassette tape. 1.02 Certified Copies. The fee for a certified copy of a document will be the City's standard certification fee, plus the standard copying fee. At this time, the certification fee is ten dollars ($10.00) per document. Only the City Clerk or Deputy City Clerk will certify documents. 1.03 Production Fee. If the production of records for one requestor in a calendar month exceeds five -person hours, the requestor must pay a production fee. The production fee will be the city employee's actual salary, plus benefit costs, for the time required over five (5) hours during the month to search, review, and copy the records. If multiple city employees compile the requested records, a composite hourly rate for all employees involved will be determined and a credit for five (5) hours at that rate will be applied. [THE TIME FOR REVIEW INCLUDES THE TIME SPENT TO EXAMINE THE RECORDS FOR THE PURPOSES OF DETERMINING WHETHER THE DOCUMENT 1S RESPONSIVE TO THE REQUEST AND WHETHER THE DOCUMENT WILL BE DISCLOSED OR WHETHER IT MUST BE WITHHELD BASED ON PRIVILEGE, EXEMPTION, OR OTHER EXCEPTION.] The production fee will be in addition to the standard copying fee. Example of composite rate calculation is: Employee A 15 hours a $50 hour = $ 750.00 Em to ee B 4 hours a $75 hour = $ 300.00 Em to ee C 2 hours , $35 hour = $ 75.00 Totals 21 hours $1,120.00 $1,120 - 21 (total hours) = $53.33 (composite rate) $1,120 - ($53.33 x 5 free hours) = $ 853.35 to be paid by FOIA Requestor 1.04 Estimate and Advance Payment. If a production fee is required or anticipated under the preceding paragraph, the city staff will prepare an estimate of Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 1 of 6 -26- the production fee and copying fee that are expected to result from producing the requested records. The requestor must deposit the estimated production and copying fees in advance of the search. If the actual production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual production and copying fees are greater than the estimate, the records will not be released to the requestor until the requester pays the difference. 1.05 Inspection Only. There will be no fee for simple inspection of records, except when the production of the records for inspection by one requester in a calendar month exceeds five person -hours. In that case, the requestor will be required to pay the production fee as described in the preceding paragraphs. 1.06 Indigeney. If a person is unable to pay a fee, and signs an affidavit to the effect that he or she is indigent, then the City Clerk will waive the copying fee and production fee, except when the City Clerk, based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently. Annual income as a Percent of current health And human services (HHS) Poverty Guidelines for Alaska I Percent of fee reduced 1 - 100% 100% Waiver 101 - 149% ! 75% Waiver 150-174% 50% Waiver 175-199% 25% Waiver 200% plus No Waiver An application for indigency may be filed with the City Clerk for waiving or partially waiving the costs of record reproduction. The City Clerk may allow an applicant, who qualifies as an indigent, a reduced record reproduction fee, a payment plan or a waiver of the filing fee where the City Clerk is able to make a written finding, based on information provided by the applicant that payment of the record reproduction fee would be a financial hardship. Based upon the information provided, the fee may be reduced or waived in accordance with the above scale. As required by AS 40.25 110 anv fee waiver or reduction must be uniformly applied to persons who are similarly situated. s 1 • 1 If-c s , 2.01 City Clerk Approval. According to Kenai Municipal Code, Section 10.40, all requests for public information or records are to be approved by the City Clerk, after consultation with the City Manager and City Attorney. (See Regulation 5.01) The City Clerk, or the Clerk's designee, will, consistent with the orderly conduct Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 2 of 6 -27- of city business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records. 2.02 Routine Requests. Routine requests for inspection or copying of records may be approved (but not denied) and responded to by the City Clerk, Deputy City Clerk, or the Department Head of the department in which the records are located. They may act as the City Clerk's designee for the approval of routine requests. For purposes of these regulations, a routine request is a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the city staff. Routine requests may be submitted orally or in writing. 2.03 Non -Routine Requests. Non -routine requests for inspection or copying of records must be made in writing and referred to the City Clerk for approval or disapproval. Non -routine requests include, but are not limited to, requests for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take more than one person -hour of staff time to respond, and requests from a person involved in litigation with the City. 2.04 Litigation Disclosure Requests. A person ''involved in litigation" means a party to a lawsuit involving the City, a person representing a party in a lawsuit, or a. person requesting records on behalf of a party to a lawsuit. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines that a request for inspection or copying is being made by or on behalf of a person involved in litigation, the City Clerk, may deny the request and require the request be processed in accordance with applicable court rules under Kenai City Code, Section 10.40,055. 2.05 Aggregation of Certain Requests. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a production fee (for production of records requiring more than five person -hours of staff time per month), the City Clerk will aggregate all such requests and treat them as one request made by person. 2.06 Bad Faith Affidavit of Indigency. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines a person has made an affidavit of indigency in bad faith or fraudulently for the purpose of avoiding payment of production, copying, or other fees, the City Clerk will deny the waiver of the fees. 2.07 harassment Request. If the City Clerk, in good faith, after consultation with the City Attorney, reasonably determines a request for copies or inspection of Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 3 of 6 -28- records is not made in good faith, and is made for the purpose of harassment of the City or city officials, or to purposely interfere with the orderly conduct of city business, the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requestor to be heard by the City Clerk. 2.08 Description of Records Requested. A requestor must describe the records sought in sufficient detail to enable the City to Iocate and identify the records sought. If the records are described by the requestor in general terms, the city staff shall attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the request is not sufficient to allow the staff to identify the requested records, the requestor shall be notified promptly by the City Council, the request cannot be approved or processed until a sufficient description of the record is received. [2.09 DELIBERATIVE PROCESS RECORDS. THERE IS A RECOGNIZED NEED TO ENCOURAGE OPEN, FRANK DISCUSSIONS AMONG GOVERNMENT OFFICIALS ABOUT PROPOSED OR CONTEMPLATED GOVERNMENTAL ACTION, DISCLOSURE OF OFFICIAL DELIBERATIONS WILL INHIBIT THOSE DISCUSSIONS, INVADE THE MENTAL PROCESSES OF GOVERNMENT OFFICIALS, AND ADVERSELY AFFECT THE QUALITY OF ADMINISTRATIVE DECISION MAKING. RECORDS CONTAINING DELIBERATIVE PROCESS INFORMATION ARE CONFIDENTIAL AND NEED NOT BE DISCLOSED. ACCORDINGLY, REQUESTS FOR INTERNAL, PRE - DECISIONAL RECORDS THAT ARE DELIBERATIVE IN NATURE, WILL BE DENIED UNLESS THE CITY CLERK, AFTER CONSULTATION WITH THE CITY ATTORNEY, DETERMINES THE REQUESTOR HAS ESTABLISHED, ON BALANCE, THE INTEREST OF THE PUBLIC IN HAVING ACCESS TO THE RECORD OUTWEIGHS THE INTEREST OF THE PUBLIC IN HAVING CITY BUSINESS CARRIED ON EFFICIENTLY AND WITHOUT UNREASONABLE INTERFERENCE.] 3. TIME AND PLACE OF INSPECTION 3.0I Routine Requests. A routine request for records will be responded to promptly at the office where the records are kept, or another city office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of city business. If the records cannot be produced within five (5) working days, the requestor will be advised. 3.02 Non -routine Requests. Records in response to ari approved non -routine request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or the City Clerk's designee. For the convenience of the City, the City Clerk may designate an inspection location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 4 of 6 -29- requestor of the specific time and date on which the inspection may occur. If, and to the extent necessary to maintain the orderly conduct of city business, the City Clerk may limit the days and hours when inspection and copying of public records may occur. 3.03 Large Requests. If a request is made for inspection or copying of a large volume of public records, the City Clerk, after consultation with the City Attorney, may require the requestor to make a written designation of the order in which the requestor wants the records produced. When such order is designated by the requestor, the City will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as city staff time permits. The orderly conduct of city business will not be interrupted to make fast response to such a request. It is reasonable the maker of such a large request should expect an extended time for response. The City Clerk will advise the requestor of the estimated time in which the response drill be made. 4.01 Form of Records. The records of the City will normally be made available for inspection or copying in the format in which the City maintains or disseminates the records. Exact reproduction is not required, but any alteration of the form or medium of public records must not change the substantive content of the information, and if the actual content is changed, the nature of the change and the reason for the change will be communicated to the requestor. 4.02 Summarization or Manipulation of Records. The City is not required to compile or summarize its records in response to a request for information. The City is not required to manipulate its data to create new records in response to a request for information. 4.03 Partially Disclosahle Records. If public records contain information that is disclosable in part and non-disclosable in part, the non-disclosable information shall be removed prior to disclosure. 5.01 Written Response. If the City Clerk, after consultation with the City Attorney_and City Manager, makes an adverse determination, in whole or in part, to a written public records request, the City Clerk will provide a written response setting forth the adverse determination. It will include a description of the records requested, a description of the records that will not be provided, and the reasons for the adverse Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 5 of 6 -30- determination, including reference to provisions of law or regulations, facts, and other information relied upon. The City Clerk's written response will also include a notice the requester has a right to appeal to the City Council. 5.02 Response to Oral Requests. Oral requests may be accepted for a routine request. Oral requests for records will not be accepted for a non -routine request or receive a written response from the City Clerk unless the requester is unable to make a written request because of inability to write or because of mental or physical disability. In that case, the City staff will assist the requestor in making a request that will be responded to and treated as a written request for all purposes under these regulations. 5.03 When No Response is Deemed Denial. If the requestor receives no response to a written request for records within five (5) working days of making that request, the requestor may file with the City Clerk a written demand for a written response. If the City Clerk does not give a written response to that demand within three (3) working days of the City Clerk's receipt of the demand, the request for records will be deemed denied. 5.04 .Appeal to City Council. A denial, in whole or in part, a deemed denial, or any adverse written determination by the City Clerk in response to a written request for public records may be appealed by the requester to the City Council under City of Kenai Municipal Code, Section 14.20.290. 5.05 Appeal to Superior Court. A final decision of the City Council on an appeal from a decision of the City Clerk may be further appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. Approved by Ordinance No. 2396-2009. DATED: This 20th day of May, 2009, PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 6 of 6 -31- REQUEST IDENTIFICATION NO. (Year) (Sequence) �y1 `2i'''a4� t1��2"l H✓ZU� 4�54 '-. �`�'��� � � "s �^N � >ch 'mW, � /zf ';-: sF`<'� Y�v�1ti Yam m�G� F If �,+ s� `r'w �. r r �l - T � `� y�y��,l!y�„�..� u�y b n }��>� .r,r, �r y{ry cr d 7 • r. -t Yext. 210 Fidalgo Avenue Phone: (907) 283 7535 231 Kenai, Alaska 99611 Fax: (907) 283-5068 ( cfreas ci:kenai.ak.us Name: Address: Ci : State: Zip; Email Address: ii i B I hereby request the following documents be specific, or Lou may attach a request letter): Title of Record: Date of Record: Descri tion of Record: I admowledge and agree to pay the following charges for the documents requested: Copies = Up to nine pages are free. Up to ten pages are i $2.50, plus sales tax, and $.25 (twenty-five cents) plus sales tax for each additional page. Copies of audio records to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus saies tax for the first cassette tape and $5.00 for each additional cassette tape. I understand research is limited and will be charged per requestor in calendar month exceeding five -person hours, i.e. the fee is the City employee's actual salary plus benefit costs. An estimate will be prepared and the requester must deposit the estimated production and copying fees in advance. If the actual costs are greater than the estimate, the records will not be released until the difference is paid and if the actual costs are less, the requester will receive a refund of the difference. No fee for simple Inspection, except when the production of records by one requestor exceeds five person hours in a calendar month pursuant to AS 40.25.110 c . I hereby certi : [1.}7I am not involved in litigation, in a judicial or administrative forum, nor am I acting on behalf of or otherwise representing any party who is involved in litigation with the City of Kenai to which the requested record is relevant; and [2, THE REQUESTED PUBLIC RECORD IS STRICTLY FOR: MY OWN PERSONAL USE USE ON BEHALF OF: (NAME OF BUSINESS, ORGANIZATION) I CERTIFY UNDER PENALTY OF PERJURY THE FOREGOING STATEMENTS ARE TRUE. Print Name Signature —Date • r REQUEST ID NO. Staff Member Research Time Date tminutes) Request received Request reviewed _-- Records located Fee calculated Re uestor notified Documents provided Amount -32- 210 Fidalgo Avenue Kenai, Alaska 99611 Email Record: or REQUEST IDENTIFICATION NO. (Year) (Sequence) Phone: (907) 283-7535, ext. 231 Fax:(907) 283-5068 I acknowledge and agree to pay the following charges for the documents requested: Copies = Up to nine pages are free. Up to ten pages are $2.50, plus sales tax, and $.25 (twenty-five cents) plus sales tax for each additional page. Copies of audio records to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first i cassette tape and $5.00 for each additional cassette tape. I understand research is limited and will be charged per requestor in a calendar month exceeding five -person hours, i.e. the fee is the City employee's actual salary plus benefit costs. An estimate will be prepared and the requestor must deposit the estimated production and copying fees in advance. If the actual costs are greater than the estimate, the records will not be released until the difference is paid and if the actual costs are less, the requestor will receive a refund of the difference. No fee for simple inspection, except when the production of records by one requestor exceeds five person hours in a calendar month pursuant to AS 40.?s.11 Wri. > !MINIMUM + f f I hereby certify: OI 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, Print Name Sirnature Date ° r r REQUEST ID NO.Staff member Research Time Date minutes Request received _ Request reviewed— Records located Fee calculated Requestor notified Documents provided Amount $ -33- TO: Mayor, Council, & Administration FROM: Bob Molloy DATE: 04-29-09 SUBJECT: PUBLIC RECORDS REQUEST FORM, ORDINANCE NO.2396-2009 Information Item #1 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-1 However, in my opinion, this is too restrictive. The City should allow requests in 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. I 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 Clerk in an adversarial position with requesters 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, l 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 1 Proposed Procedure #1 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 I e submitted orally or in writing." And see proposed Regulation 5.02 Response to Oral Requests, which is also in conflict with proposed Procedure 91. .i- -34- impressed that the City of Cleveland, Ohio, allows anonymous requests for public records (see Attachment H). Attachment: IYfunici ality: City of Kenai, Alaska A B J City of Soldoma, Alaska C City & Borough of Juneau, Alaska _ D City of Nome, Alaska E Matanuska-Susitna Borough, Alaska F Alaska Division of Insuraance, State of Alaska G County of Boulder, Colorado H _ City of Cleveland, Ohio I Cit ofBeilin ham, Washin on J Cite of Portland, Oregon I{ State of Idaho, Department of Health & Welfare, Online Form___ L State of Washington, Utilities and Transportation Commission Online Form -35- . R,EQUEST ME MICATION (Year) (Sequence) s, 210 Fidalgo Avenue Phone: (907) 283-753S, ext. 231 Kenai, Alaska 99611 Far(907) 283-5068 cfr i. k.0 Name: Address: G : State: Zi Email Address: I hereb request the following documents be specific, or you ma attach a request letter):: Title of Record: Date of Record: Descri tion of Record: I acknowledge and agree to pay the following charges for the documents requested: Copies = Up to nine -pages are free, Up to ten pages are $2,50, plus sales tax, and $.25 (twenty-five cents) plus sales tax for each additional page. Copies of audio records to CD are $25.00 plus sales tax for the first CD and $5.Do for each additional CD for each request Cassette tape recording coples are $2S.00 plus sales tax for the first cassette tape and $S.00for each additional cassette tape. I understand research is Nmited and will be charged per requester In a calendar month exceeding five -person hours, Le, the fee Is the City employee's actual salary plus benefit costs. An estimate will be prepared and the 1 requester must deposit the estimated Production and copying fees In advance. If the actual costs are greater than the estimate, the records Will not be released untll the difference is paid and If the actual costs are less, the retluestor will. receive a refund of the difference. No fee for simple inspection, except when the production of records by one requester exceeds 0ve person hourss in a calendar month pursuant to AS 80.25.110(C . + f a + + I hereby certify: 7the 1. I am not involved In 1ltigation, in a judicial or administrative forum, nor am I acting on behalf otherwise representing any party who is involved in litigation, with the City of Kenai to which requested record is refevant and 2• The requested public record is strictly for: M own arsenal use tise on behalf of: (Name of business, organization) I serif under pena14, of 'ury the foregolng statements are true, Print Name --signature Date •, � e REQUEST ID NO. Staff Member Research Time Date minutes Request received Re nest reviewed Records located Fee calculates! R uestor not[fied i Documents provided Amount -18- -36- REQUEST for " ' U LI REQUESTER: Please identify yourselfand tell us how to notify you regarding this request. Name Telephone Fax Address City State Zip E-mail DOCUMENTS REQUESTED: Identify and describe the documents you seek. Be specific. Indicate ifyou want copies to be made; there may be a charge. I I ADMINISTRATION: For staff use only. Provide photocopy ofthisformtorequesJorgftercompleting line 1. Name of Person Date and Time Request received Request reviewed Document located Fee calculated Requester notified f Documents picked up i Amount $ OPEN RECORDS ACT; This is the State law regarding access 7o public. records.. Exceptions are listed. in AS 40.25. 120 - t- AS 40.25.110. Public records open to inspection and copying; fees. (a) Unless specifically provided otherwise, the public recm'ds of all public agencies are open to inspection by die public tinder reasonable rules during rcgularot£celtama The public officer having the custody of Dub]ic records shall give on request and puyment of Cie fee established under this section AS 40.2$.1 IS a certified copy of the public Dewed. (b) Except as otherwise provided in this section, the Tee for coPYing Public records may net exceed me standard unit cost of duplication established by the public agency. (c) If tine proda xion of records for one requester in a calendar month exceeds five person -hours, The nubile agency shall station the requester to pay the personnel opens required during the month to complete one search and copying tasks. The Personnel costs may not exceed the actual salary and benefit costs for the personnel time required to perform and the search and copying leaks. The requestorstall I pay the fee bonne the records are disclosed, and the public agency may require payment in advance for the search. (d) A public agency may reduce or waive a fee when the public agency dmennines that the reduction or waiver is in the pnbiic leaner. Fee reductions and waivers shall be unifonny applied among persons who are similarly sunated. A public agency may waive a fee of$5 or less ifthe fee is less than the cost to the public agency to armage for payment. City of Soldntna Request for Pub lie Records PR_REQUEST_COS.doc 07fl2706 i -37- �euptlilpl(ty, H. ° v REQUEST for PUBLIC REcoRDs REQUESTOR: Please identify yoursetf and tell us how to not fy you regardrng this request Name Address Telephone Fax DOCUMENTS REQUESTED[,Ident{fy and describe the documentsyoa seek Bespecific. Indicate jfyou want copies to be made; there may be a charge, ADMINISTRATION: For CBJ staff use only, Providephotocopy ofthisform to requestor after completing line 1. Request received Request reviewed Document located Fee calculated Requester notified Documents picked up Name of Person Date and Time Amount S _ OPEN RECORDS ACT: This is the State law on public records. aceptions are listed in AS 40.25, I.W. AS. 4023.110.. Pubiic mossrds open to im pection and copying; feet. (a) Unless speeiflettly provided otherwise, the public records dish public agencies are open to inspection by the public under.Nmnzbie rules during regularoffmehours. Too public offtter having the custody of public records shall give on request and payment of the foerstablished under this section or AS 4U5, 115 a certified copy of the public record. lb) 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 pablic agency. (a) If the production of records fortune requestor in a "knear month center, foe person -hours, the Pahl agency shall require the requestor to pay the personal basis required during the month to complete the search and copying tasks. The personnel arse may not exceed the actual salary and benefit costs for the personnel time required to perform and the search and copying tasks, The requester shall pay the fee before the records are disclosed, and the public agency tray require payment in advance for the search. (d) A public agency may reduce or waive fee when the Public agcocy determines that the maunder, or waiver is in the public imerest. Fecroducfions and waivers shall be uniformly applied among persons who are similarlysitcated. A public agency may waivca the ofS5 or less fifth , fee is less than he cost to the public agency to ..rise for payment. -38- Requester Name: _ Agency :_ Requestor Address: City • f Nome Public Records Reguest Form city State Zip Code Requestor Phone: Cell: Email: Request Made: =:Person (=In Writing telephone =Fax Email Preferred Delivery: Fick Up EI S. Mail = 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. Requester's Signature Receipt Number: Clerk's Office Comments: -39- DATE Amount: City/State/Zip MATANUSKA-SL'S'1'INA BOROUGH 350 E. Dahlia Ave, Palmer, AK 99645 Telephone: 907-7454801 RECORD(S) REQUESTED * If this matter is currently under litigation, record(s) must be requested through the Law Dept. Title of Record(s): Date 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-Susitna Borough grants every person the right to inspect any public record, unless exempt from disclosure per MSB 1.50,040, 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 requestor 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 will be made for them. See the Public Records Request Policy for full details. FOR OFFICE USE ONLY Date Request Received Completed by/Referred to (circle one) Name: 1. Prior to processing the request, send a copy of this request form to the Law Department for review, Compile the records but do not distribute until the attomev has approved the distribution. Okay to distribute Nicholas Spiropoulas, Borough Attorney+ 2. When filling the request, complete the applicable line below: A. _ccpics provided at$_; per page, for a total cost of$ _ion (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 the receipt and record(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. Phommpir $.20tpage Microprints $.25/image Audio/Vidw/bVDs - $10.00-75.00 Maps $5,00 and up Revised 51ME i Alaska .Division of Insurance P.O. Box 110805 Juneau, AK 99811-0805 (907) 465-2515 Fax (907) 465-3422 insurance@41aska.gov 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 Iitigation 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 is/pebrers'eq Name Company Name Address Phone Number E-mail Address Ell County of Boulder Public Records Request Form 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 et sea., 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. All 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 person/office 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 knowthe FAX number, or by mail or in person to the office of the custodian of the records you are seeking, For Official Use Oniv Time spent by staff in assembling the records request Estimated cost of assembly $ Records request received by: Received (DATE/TIME) MR My Of G£6VELANJ May=%, n'G'. ddc6on Public Records Request Form Date: Company:. 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 mandatory and you may decline to identify 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 frame, locations, etc. (if applicable). You may write on the back of this form if :necessary, Thank you. Please send form to: Kim L. Roberson, Public Records Administrator - City of Cleveland Department of Law — 601 Lakeside Avenue, Room 106 - Cleveland, Ohio 44114-107 7 Phone No, (216) 664.2772-Fax No. (216) 420-8560-lMoberson@city:clevelandxh.us 4 -43- �� py • t u w�'11 CITY OF BELLINGHAM Public Records Officer + 2014 C Street + Bellingham, WA 08225 Phone (360) 778-8132 ..Fax (360} 77&84151 + web site: vnrnv.eop.org REQUEST FOR PUBLIC RECORDS City Policy ADM 07.04.01 RCW 42.56 W D$t@ INSTRUCTIONS: Rep3gstNutaaet., Employee receiving request completes Section 1, except for the request number. - Departrrt nt Requester completes Section 2 If request is made in person, otherwise employee receiving the request completes it. Attach legal or other explanatory documents.. - RaquesY recstvsd.fiyi Route this form to the Support Services Manager/Public Records Officer to complete Section 3. Employee notifying requester completes Section 4. • •an open public document and be released to a , Name of Raquestec Phone: Email Address: Address: CfIY: State: —'iP' I wish to ❑ inspect ❑ receive a copy of the following specific record(s) Request made: ❑ in person ❑ by phone ❑ by fax • 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 will be completed within five (5) working days. L,LqdL&&XX1= ❑ ALLOW ACCESS Charge is $.15 for each photocopy. Charge for other types of copies is City's actual cost. ❑ DENYACCESS The records you have requested are legally exempt from public disclosure by the following authority: El WE DO NOT HAVE THE RECORD(S) Name of person notified: Date: Tme: 0 by mail ❑ by phone I made the City's final response as stated. ❑ in person 0 by email Signature: Routing Original to requester Copy to Public Records Officer iss 092 N' 00-10- I Tom Potter, Mayor yq Kenneth L. Rush Chief Administrative Officer CITY OF l ORTLAND 1120 SW Fifth Ave., suite 1250 Portland, Oregon 97204-1922 OFFICE OF MANAGEMENT AND FINANCE (503) 823.528s FAX (503) 823.5384 - TTY.(503) 823.6868 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 8xl1.5 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 I Organization CItY State Zip 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 reque Please make checks labie to Office of Management and Finance An Equal Opportunity Employer To help ensure equal access to programs, services and activities, the Offrce of Management & Finance will reasonahly modify policies/procedures andprovide aueillmy aids/services to persons with disabilities upon requcsr. •v.� _ N Administrative Procedures Section 450 W. State St, 10th Floor PO Box 83720 Boise Id 83720-0036 Phone # (208) 334-S564 Fax # (208) 334-6558 Pubi!cRecordsRequest@dhw.idaho.gov REQUEST TO EXAMINE OR COPY PUBLIC RECORDS FORM Date' Your Name i Business Name,'' Affiliation or Representative Your`, Telephone Number Your FAX Number'', , Your E-Mail, Address' Your Mailing Ad dress Please be specific, i.e: dates, location(s), names of report(s) etc. i -- Description of Public Record! Requested:' i P Submit �1-Reset 'h Please note: If the request consists of 100 pages or more, there will be a copy charge of 10 cents per page, AP3 Home MN wnsniNseow .- Pubic Cmmment Complaint Forvri 0 Racmrds Request' ' OnLtnff kNe TRANfPOkPAYtON Advanced Search tOMMtY510N - UP NO I° tCon Contact> Public Records Request> Request for Public Records form ' Pte Rae complete this form 0 you'd like to submit a request for public records. denotes required fields) ru1m Section 1: Requestor Information: Requester Name:"; Firmtorganizafion: Phone (include +.—��'-"' Fax number: area code):" T� Address line l;^ Address line 2: state/prov: `Zip tpostal -777".- Code:' Repeat E-mail:" 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: w Section 2: Documents requested Describe the documents. being requested. Plashes be as specific as possible in defining the informaiion You are requestinc." Please select the preferred methodimedium of response to your request: Electronic MailY Please read and accept the statement below, then submit your request:' — Chede 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 I submit using this form is a public record and subject to public inspection. Q' Submit Request r Questions? Contact the WUTC Records Center: 360-664-1234 -47- TO: FROM: BATE: SUBJECT: Mayor, Council, & Administration Bob Molloy 04-29-09 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. S100 Filing Fee For Appeal To C,E y 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 fora 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). 1) , .; MEMO #3 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 Iacks 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 law 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. -49- t ' _ Suggested by: Planning & Zoning Commission F tk u°f CITY OF KENAI • aNs�#a».. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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). 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 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 Text Underlined; [DELETED TEXT BRACKETED] -51- Ordinance No. 2403-2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 6+h, 2009 Adopted: May 20, 2009 Effective: June 20, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -52- 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 Page 1 of 4 NOTE: Reference footnotes on following pages for additional restrictions Zt3NING I9ISTIYICTS RESIDENTIAL LAND tiSES C RR RRI RS RS1 RS2 RU CC CC iL Ili GD R T'SA LC; CMI1 One Family Dwelling C's P P P p P P I'x` S' s' S' 7T P I P P 1S'IC211 Twoll'hree Family Dwelling Ca P P P P P P Pxr S' C C C" A P P S'/Cx' Pour Family Dwelling C's P C P N N P Pxi S� C C Cax N P C S�/Cx' Five/Six Family Dwelling C1B C' N P N N P P" S' C C N N P C �S4CR1 Seven or More Fatnrly Dwelling Cis I C' N C N N P P41 S' I C C N N P C S'/C" i Totvttnonses' c'a c c c i e c c c c c i c cue C C c c` Mobile Home Parks° N C 1 C C! C C C C C C l C N C N) [C] NI j C Planned Unit Residential Development' C!, C C C C C C C C C C N C C C C COMMERCIAL 1 LAND LYSF.S C RR RRI IRS R61 RS2 RIl CC CG IL Ili ED R TSI4 LC CM'0I Automotive Sales N C C N N N C p P P P N N N I N P Automotive Service Stations N C C N N N C PP p P N C N N p Banks N C C C N N! C P P P C N! C j C C P Business/Consumer j Services N C C C N i N C P P P C N C C C p Guide Service N C C C N N C P P P — P — N — p p C p Hotels/Motels N C C C N N C P P P C N I C P C P Lodge N C C C N N C P P p C N P P C P Professional Offices N C C C N i N P P P P P N' C P P P R©stawants 1 N C C C N N C P p P C ter C C I. [P] C P Retail Business C C C N N G P A P P S" S". C C P F Wholesale Business N C C C N I N C C P P P N S'" C C N Theaters/Commercial Recreation N C! t C C! 4 N N C P P I C C N P I C C I P -53- 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 RSI RS2 RU CC CG II, IH EU R TSR LC CMU Airports and Related Uses Py0 C C C N N C P P j p! p N C N N C Automotive Repair N C C C N N( C P P P P N N N [Nj C P Gas Manufacrurer7Starage N N C C, N N N N N C` C N N N N N 'Manufaceuring/Fabricatingt Assembly N C C C N N C C P P I P I N C C I N C Mini -Storage Facility N C C C N N C C P P j P N N N C C Storage Yard N C C C N N C C P wR P N 1 N I N Nr C Warehouses N C Ia C C N N C N P( P P! N C I N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS RSI R82 RU CC CG IL III ED R TSH LC CMU! Charitable Institutions C C C C C C P P P P P P C p C P Churches' C P10 P"' P10 PIO plo am P10 p10 C C P P10 G P P P Clinics C C C I 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 1 C C P Governmental Buildings C C C C C C C P P P C P j 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 C"' P P P C V C P C P Museums C C C C C C C P P P C P C I' j C P Parks and Recreation P j C (," C C C C P P p p p P P! C P f Assisted Living C C C C C' C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CG LL Iri ED R TSH. LC CMU Animal Boarding" C C C C C' N N C C C C N C N C C Bed and Breakfasts C C C C C C C C C C C N C C C P Cabin Rentals C C .... C C__. 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 Crematories/Funeral Hones N C N C N N C C C C C N C C C C I Day Care Centers" C C C C C C C P P j P j C C C C P P Dormitories/Boarding Houses C C C C C" C" P Pr' S C P P'" C) (, (p] C p Essential Services P P P P P P P P P P P P P P P p Farming/General Agriculture*** P P N N N N N N N N P N P N N NT Crreenhousesn'ree Nurseries" C C C C C C t C P P P C N C C (�] P -54- Ordinance No. 2403-2009 Attachment "A" KFY: 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 followng pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS � LAND USES C RR I RRL RS 'RSl RS2 RE CC <:C> IL [H ED R TSH LC CA3U Gvnsmithing Pooling, N C C C C I C C P P P P N -} SIC P P P Taxidermy r Assemblies" (Large: C C C C' C C C P" P15 P" Pls p15 C P` N P" Chooses, Pairs, Etc.) Fraternal Organizations/ N C C C C C I C P P P C N C P C P Private ClubslSociol Halls ,and Union Malls i Nursing Convaiescem or N. l C C C C C C P p C C C C C C I P Rest Homes I,1 I Puking, Off -Street P P P P P P P P P P P P P P P P Parking, Public lu s" C C C C C C C C C C C C C C C C Personal Services''` C C C C C C C P P P P C C Pas C Radio/CV'Gansmilfers/Cell P P C C C I C I C P P Ptc P C C C P Sites** T Recreational Vehicle Parks C C C j` C N N C C C C N C C N C Subsurface Extraction of C C C C C C C C C C C N C N N N Natural Resourcesj0 i Sunr- Extraction of C C C C N N C N C C I C N C N N N I Natural Resources" * See 42 USCA Sec. 2000ec (Religious Land Use and institutionalized Persons Act of 2000) *° See 42 Telecommunications Act of 1996, Sec. 704(a) *"* See, however. the limitations imposed underKMC 3,10.070 Footnotes: I. 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 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single-family residence per parcel, which is part of the main building. 3. Allowed as it conditional use, subject to satisfying the following conditions: a. The usable area per 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 uses principal in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; I e. The proposed dwelling group will constitute a residential area of sustaineddesirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect sunounding property, values; f. 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 argil designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Homes" section. -55- Ordinance No. 2403-2009 Attachment "A" 7. R. 9. 30. it. 12. 13. 14. 15, 16. 17. 18. 19. 25. 26. Page 4 of 4 Allowed as a conditional use, subject to Mobile Horres" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements, See "Planned Unit Residential Development' section. 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. Allowed as a conditional use, provided that all applicable safety and fire regulations are met, Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 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 further that the proposed location and characteristics of the use will not adversely, affect the commercial development of the zone. 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-strwt parking for the use are located to prevent traffic hazards on public streets. 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. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 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 streets. See "Conditional Uses" section See "Conditional Use Permit for Surface Extraction of Natural Resources" section. Conditional Use allowed only on privately held property. Not allowed on government lands. Deleted by Ordinance 2144.2006. 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 orb parking aprons, FAA authorized uses are allowed. Developments for use shall be the same as those listed it, the "Development Requirements Table" for the RU/TSH zones. Allowed as a conditional use in conjunction with a permitted use in the Eli zone, For example, housing for teachers or students for a school in the zone. 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. Retail businesses allowed as a secondary use in conjunction withthe primary use (e.g., a gift shop or coffee shop within. another business). Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the TSH zone. tanoo parlors are allowed as a conditional use. Food services are allowed on. a temporary or seasonalbasis of not more than four (4) months net You. I ME CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09-20 tlec;tvof /i 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 LIMITEDCOMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LIMITED COMMERCIAL ZONE (I,C); 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) 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, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances as shown in Exhibit "A." New text undecdned [,DELETED TEXT BRACKETED AND ALL CAPS] -57- PZ06-20 Page 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 22nd day of April 2009.- p CHAIRMAN ABTEST: wl PZ09-20 Attachment "A" Page 1. of 4 14.22.010 Land ase Fable. KP_Y'. P = Principal Permitted Use C=Conditional Use S=Secondary Ilse N = Not Permitted LAND USE TABLE NOTE. Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL CRR I i C 3 d TSHLCLANDJ6ES �CHU Gix Family Dwelling I C'x P P P PiT P P'% ! S' 4 Sa S' Ca'' i P P P S'!C" Twm'Phree Family Dwell ing C'tl Y P P P P I P P" Sr C- C Cde P P P S9e"1 Four Fad mily Dwelling C'" P C' P N N P Pt' S' C C C'e N P C S'/Cx'i Five/Six Ps'nily Dwelling C'" C' N j P N N P Pa' 9' C C N N P C S7Ca'1 —�—, !Seven or More l>amlly, C'" C' N C' N N P pa' S' C C N �1Q P C S4C'"f !lTuellin, { Townhouses' C'x C Mobile Nome j C C ;�. C C C C C C C C" C I C C v c Parlcsb N C C I C C C C C C C C I I'l C N C Planned UrntResidential N C" C Development' C C C f C C C C C C i N 1 C C C C t r 1 i. �tvl 4ERCBAL _ 7 LAND USES C RR RR7 RS RSI RS2 RL`- CC CG IL ill Ib;AY IF 'eSi3 LC Crv7D Autromotive Sales N C ivc Service Stmnons N C C C N 1V N N C NN C P P P P P P P P N I N N C! )-'N—i�, N! NAutomo N P iBanlcc N C_ C i c' N N C r p P P C l N C C C �P �Bu5mess/Consumer N C� C C N N C P P P I C N C C ^ P Services Guide Servicc N#'1C C C N N C P p p P N P P C p Hotels/Motels i. N C C N N C P P P C N C P C P Ledge NC j C N N I C p P 1 P I c N P i P {—C p Professional Offices N C iReseauranl's N C C C c C N N P N N C P l P P P P ]? P C N N C C P [Pl 'Retail l3osro—ass-.��N'a j C L C N N C P P p n Sax Say C C P Wholesale Business ! bi C C C N N C C P P P N P C C N �Theaters/Commercial N C�� ftecreatims ( _ l C �N N C � i P P C C N 1' C C P -59- PZ09-20 Attachment "A LAND USE TABLE KEY: P= Principal Permitted Use C'=Conditional Use S Secondary ,TT SC N = Not Permitted Page 2 of 4 NOTE, Reference footnotes on following pages for additional restrictions ZONING DISTRICTS _INDUSTRIAL LAND USES C RR RI;I RS RSi IZ82 RU CC CG ➢I, HII GD ! _R TSH LC CNHU Airports and Related Uses p"' C C C N N C P P P F N C N NC Automotivc, Reaair N C c C i� N C P P P P N N N Gas Manufaeturor/Storage N N C C N N N N C4 C° N N I_ N N N MamifacttrringlPabricating! lAssembly N C C C N N C C P P P N C C N C Nfml-Storage Pacility N C C C N N C C P P P N N N C Storage Yard N C C C N N C C I P P P N N N N dc- WarehousesN C C C N N C N ( P P P N C NN PUBLIC/ INSTITUTIONAL ;RR LAND USES C RRI RS RSI RS2 RU CC 11, IHED R TSH LC CMU Charitable Institntions C C C' c c C P _CC P P P P 1' C P C P;� Churches.^ C Pm ptu pm Pin Ism Pia Pro pm C C I' P10 i Y P r l Clinics C C C C C C C P '�_ C C C C P P Colleges" C C. C C C C C P P C C P C C C F lementaiy Schools* C C C C C C C P P C C! P C C C P Gontal Bnildi C C C j C C C C P P p C P C C P P #Rlgh Schools" C C C C C C j—C P P C c P C C C I P �HospLt'aW I C C C C C C C P 1' P C C C C C� P j Libmi ies' C C C C C I C j C" P I P F C p I C P c p Museums -_..--_ ( C C —f-- I C C C C I C P P p C I P C P c 11 Parks and Recreation P C C C C C 1 C P P P F P P P C P (Assisted Living C C C C C C_ C C C C C C i c C C C MISCELLANEOUS LAND USES C RR RR'1 I RS RSI R82 RU CC CC Hll, III ED R I ISH LC CMU 7rtniattml boarding" ` C C C C C N N C'. C C C N C T N O C 13.3ed slid Breakfasts i C l C C C C C C C C C C N C C C P Cabin Rentals C C C N N N P P P C N P p C P �Cemeteries.. __`_._ C. _ @ C ( C —N N N ?ii C C C N C C N �- N �Cremetones/Funeral Homes N C N C N N C C C C C N C I C C C Day Care Centers" C c C C C C C P P P C C C C P P (Dormitories/Boarding lHauses Essential .Services C _ P C p C C � P i P C p C P 'p P P" P S_ p C P 1 P61 p p P C P C p [p] P F p Farming?General P i P N N N N N N7 N N P N P N N bI GroenhousesJSree C C C C C C P P P C N C �C � � ) R Nurseries �I C PZ09-20 Attachment "A" Page 3 of 4 KEY: P= Principal Permitted Use C = Conditional Use S � Secondary Use. N = Nor Permitted 14-22.010 L -AND b1SE TABLE N0'113.- Reference footnotes on following pages for additional restrictions j ZONING IIIIISTIIZII'CTS MISCELLANEOUS ---.�— ry , LAND USES C� RR RRI R,S R81 R,S2 RU CC CG IL TIT ED R ISH LC' CWT GunsmP Rhing, Printing, N C I C C C C C P P P N C P P P Taxidermy-------_' JAssemblies"(Large. 1 Circuses, Pairs, Ins) C C C C C C C P16 P" PIS I P'r P!' C P N P" InFraternal Organizations/ : N C C C C C PrivateHalls I C P P P on Halls and Union Halls I :Nursing, Convalescent or !Rest Hones N I.� 7 C C C C C lC P 1> C C C 1 C j C I CI P Parking, Off-street P 3P P P P P P Pl�-- P P P P P P PP P Parking, Public Lots'= C C C C C C Cam C ' C C C C C C C C Peamrzl SBI'ViC05'" C C C C t C C C P P T P 1 P C r C Pt' [P) P Radio,TVTransmitteis/Cell' Sites*" P 1, C C .0 i C - C P P P G P P C C C C P I Rcercluonal Vehicle Parks C C C C N N C C C C C N C C N C �S:iosurfuce Exnaction of C C C C C C C C C C' C N C N; N N Natural Resources" Surface Extraction of Natnrrri Resources" C�C C C N N: C N C _ C C N C N I N I N See 42 USCA Sec. 2000ce ('Religious Land Use and Institutionalized Persons Act of2000) See 42 Telecommunications Act of 1996, Sea 704(a) See, however, the limitations imposed under KMC 3,10.070 I tootnotes'. I . Allowed as a secondary use except on the ground floor of the Part of the building fronting on collector sweets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include) I any secondary uses in the landscaping and site plans. I2One (1) single-family residence per parcel, which is part of the ma.ln. building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a The usable area perdwellingunit 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 policing; and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meek the requirements of all applicable health regulations; _. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in han'nony wit],. the-chalanti of file surrounding. neighborhood, and will not adversely affect surrounding property values; I f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage) spaces, and recreational and community activities; _ g. ''here shall be'provided, as part of the proposed development, adequate recreation areas to serve the needs of thel anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access sheets are designed; :. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" seoion. Ic. See "Mobile Homes"section. I -61- PZ09-20Attachment "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; mininum Federal Rousing Authority requirements 17. 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 they residential character of the neighborhood. 19. Allowed as a conditional use, provided that all applicable safety and $re regulations are met 10. Provided that no part of any building is located nearer than thirty (30) feet to any, adjoining street or property tine. ll . 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 further that the proposed location and characteristics of the use will not adversely affect th e commercial development of the zone_ 12. Allowed as aconditional 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 bertofit to the public, b. Exits and entrances and off-street parking for the use are located to prevern traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that Coe use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to --j thisi requirement. 14. Allowed as aconditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15 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. In. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 117, 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. I c, Deleted by Ordinance 2144-2006. j 20, The airport related uses allowed under this entry are aircraft approach zones per ICMC 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/TSH zones. 22- Allowed as a condltional 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 aschool 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 arl rs, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the TSH zone, tattoo parturs are allowed as a conditional use. 26. Food services are allowed on a temporary or seasonal basis of not more that, four (4) months per year. KENAI CITY COUNCIL 2009MAY 6, # Comments of Kathv Johnson ROSS: Next presentation is Kathy Johnson. Is Kathy Johnson here? SMALLEY: If we could just maybe take a minute or two break while the, maybe the, those that wanted to leave can shuffle out. Anybody else? ROSS: And those who are sitting on the floor, you can now find a seat if you wish, as well as those who are standing. Okay Ms. Johnson, if you'd give your name and address for the record please. JOHNSON: My name is Kathy Johnson. I Iive at 5345 Kenai Spur Highway, in the Thompson Park area. My mailing address says Kenai. My husband and I purchased our house just a little over two years ago and it was limited commercial zone. We've built a new building in front of our house which is my hair salon: Tailored Image, Incorporated. I know half of you and my building passed all city inspections. I came to the city first to check the zoning before we even purchased our property. We didn't even go to the bank to inquire about a loan until I knew the zoning. That's what attracted me. I've been open for business just over a year now and now, now the zoning is changing and I'm not, I'm not happy about going to a conditional use permit. That would not have attracted me to buy my property, invest in my house, invest in my building, and now invest in my business. I'm quite concerned about my permittable use being taken away and what that will mean to me in five, ten, fifteen, twenty years when I go to resell, I have a letter from my realtor that says it does affect me, even though the last meeting I was here, someone up there, said it wouldn't affect me. I've called my bank and they also said that, to take a loan against a conditional use permit would be harder, It wouldn't be impossible, but it would be more difficult. I've also talked to my insurance agent cause someone, you know, I'm trying to sift through -63- the fact and the fiction here, and someone has told me that if my business burnt down, and the city did not want to let me rebuild, I wouldn't be able to on a conditional use permit. That doesn't attract me at all. I'm a hairdresser. The last meeting, you know, I didn't have a first name really and so, I am a hairdresser, but I want to point out a few things. There are currently licensed hairdressers. In Kenai there are 59. In Soldotna, there are 69. Manicurists in Kenai, there are ten. In Soldotna, there are 36. Instructors in Kenai, there are six. Instructors in Soldotna, there are two. Shop owners: There are 14 in Kenai. In Soldotna, there are 53. The reason I bring this up is because, though this is just a small profession, I take it seriously because it's my livelihood. I don't just have an in -home business where I'm trying to go under the radar and not pay sales tax. I have a building in front of my property with a sign on it. I'm ligit. I've done everything to meet the criteria that says that I could be open. I invested in myself and my profession. I pay sales tax. I pay property tax. I hold a hairdressers license, an esthetician license, soon an instructor license, all that I pay at least a hundred dollars a year to have. I also pay a shop owner's license and a business license, so to me this is very real. I pay for at least five licenses a year just to be legal and I'm not excited about a conditional use permit. When I bought, it was permittable and I'm hoping that it can stay that way. I've looked up the conditional use permits and I've learned that they're given when you can't operate in an area that is not zoned for your type of business. Again, that's not what I bought into. My business does not destruct the character of my neighborhood where I'm located. I happen to love where I'm located. I purposely bought there. I was attracted to the LC zone so that I could have my dream on my property. The last letter I got from the city was to say that, was dated, December 12th and again in that land use table, it showed that beauty salon under personal services, would still be permitted. The town council says that this rezone is for, and I quote, "economic growth." But pulling permittable uses, feels like you're going the wrong way to me. Changing the uses in the Iimited commercial is not the answer I'd take. Perhaps you need more structure or revision of them, but again, I thought you had a lot of structure in it. You know, it said I couldn't have a building more than 3,000 square feet. It said I had to have landscaping if I had this. It said I had to have parking space per customers. You know, it had criteria that I had to meet. If you need to revise it, I would understand it., To me, that's no different than updating an electrical code or a PARTIAL VERBATIM MAY 6, 2009 COUNCIL MEETING PAGE 2 S plumbing code that I would gladly adhere to. But to just yank the permittable use away and tell me I have to go to conditional, it doesn't feel good. It feels after we started playing a game, you're changing the rules and I don't think that's fair and it kind of makes me want to fight. I know you're in a tough place and this is a hard j ob. I wouldn't want to be listening to everybody's gripes, but I don't believe I agree with what the person in front of me, sorry, I'm drawing a blank, Mark, his name, said, I don't agree that one zone or one thing here is going to fit all for everybody along Kenai Spur Highway. I've already told you I'm trying to shift through the facts and fiction, but Thompson Park, as far as I know, used to be general commercial. I've been talking to some of my neighbors and they're also business owners in the front. I bought it expecting it to grow. I live on the highway. You know, I understand that the Iast meeting there was a concern for the traffic. Well, my neighbor is the gas station. When it was open, no one told how many people could go in and out of that business and if the concern is the traffic, then I'm thinking the answer would be to lower the speed limit. I know that when I'm putting a left hand blinker on, corning from Soldotna to get in my driveway and someone passes me on the right at 65, even though it's only 55, it shakes my truck. So, yeah, I wouldn't be, I wouldn't mind the speed limit dropping. You know, a year ago, you clear cut on the other side because we were told a four -lane highway was going to come. So, I did buy my property expecting it to grow in the direction of bigger and better, not restricted and less. I was more expecting the change to come into maybe pushing Thompson Park area into general commercial, not the opposite way of pulling permittable uses out of the LC zone. In the Clarion newspaper, Friday, April 13th, when commenting on why this was happening along the Kenai Spur Highway to LC, the city said, and I quote, for the city to grow, property along the highway corridor is needed for commercial development, unquote. I just don't see how conditional uses is good for growth, especially, if you say you need it for commercial, I think that more commercial things should be permittable. I`m here tonight to ask you to amend this ordinance. I don't know. Separate Thompson Park out of it? I don't know. Because it can't be the same or work for everyone down the street. You know, I happen to live in Thompson Park. It is affecting me. That's why I'm here, but I will join forces with other neighborhoods that I feel like it's affecting, it's affecting negatively or wrong. I'm asking to be grandfathered in. I'm asking three things. I've come up in my mind with three solutions for me. One would be, grandfather me in; allow me as existing, permittable, and I'll stay happy. Second would be to reconsider the personal services, maybe divide PARTIAL VERBATIM MAY 6, 2009 COUNCIL MEETING PAGE 3 -65- them up. Maybe hairdressing and sewing places are permittable, but maybe something else is not and would need a conditional use. But it still, allow that business to be able grow and stay where they're at. Or, the third would be to push Thompson Park to general commercial cause again, my neighbor is the gas station and we use, we're ready for that, I mean mentally, I'm expecting that. And; I didn't know I'd have two minutes left, but that's, that's what I'm going to end with and thank you for your time. ROSS: Ms. Johnson? If I could briefly. The ordinance is on the consent agenda tonight, but it's up for public hearing in two weeks. I'm going to ask the Clerk if she'll do a verbatim of your conversation with us tonight, for the administration to address of that public hearing. But I would encourage you to come back in two weeks when we actually address the ordinance. JOHNSON: Oh, I plan on being here. ROSS: All right, thank you. Are there any questions? PORTER: Mr. Vice, I had a question or comment. ROSS: Well, you're in line. Go ahead Mr. Moore. Oh, it's nice being the Mayor, Vice Mayor. PORTER: Hello. ROSS: Pat, Joe Moore had his hand up in front of you so. PORTER: Okay, that's okay, go ahead. ROSS: Okay Joe, go ahead. MOORE: Wow. Thank you. Just a couple of things. Thank you for your testimony. I agree with a lot of what you said. Did you participate in the Planning & Zoning meetings in which this ordinance that we have on our consent agenda was discussed and voted on? JOHNSON: No sir. December 12th was the last information I got and I checked my personal services. It still said permitted and I believe when you had that, I was out of state. When I got back, just after April Sa,, I think I got back, or April 6th, I had at PARTIAL VERBATIM MAY 6, 2009 COUNCIL MEETING PAGE 4 •M least a dozen phone calls from neighbors all the way up to Wal-Mart, calling me saying hey you need to be here and I was here at the last meeting. I don't know if you were, but I was and I plan on being at the next. MOORE: Thank you. No, I wasn't at the last meeting, but, you know, we can, council has the ability to change any ordinance before we vote on it, so if you can be at the next meeting, that would be great. Real quick, finally, was the comment you made about wanting to be grandfathered in. Could I get the administration interpretation? I believe an existing use is a, a non -conforming permitted use? GRAVES: I don't know the particulars of your situation, but I can, I can tell, the general rule is, if you're an allowed use in a zone and that allowed use has changed, you're what, in our code, is called the non -conforming use, which means you're still allowed to continue, which a lot of people call grandfathered in. Now, there, there are particular rules... JOHNSON: I don't like the non -conforming part of that, GRAVES: Right, I'm just saying, you wouldn't have to get a conditional use permit. You're grandfathered in, but there are issues related to that. JOHNSON: I'd still be concerned about the value of my property in reselling and... GRAVES: And I understand that. I was just trying to explain to Mr. Moore... JOHNSON: I was permittable. That's why I bought and built there. GRAVES: I understand. I was just trying to explain, you wouldn't have to get a conditional use permit. You would be non -conforming. But I understand your concern about the related issues and I'm not trying to diminish those, I'm just trying... JOHNSON: Okay, I just want you to know, I think of things in how many haircuts I need to do to pay for things. GRAVES: Right, I understand. ROSS: Mayor Porter, PORTER: I just want to thank Ms. Johnson for coming and giving those comments. It is on our agenda to have a public hearing at the next meeting, but that said, she PARTIAL VERBATIM MAY 6, 2009 COUNCIL MEETING PAGE 5 -67- brought up some really good points. I agree with Councilman Moore and I think we need to take really good look at some of the changes that we've proposed to do and I really like her idea of maybe splitting up personal services, but we'll see what happens next time and it doesn't mean it has to be completed at the next meeting. We can always delay it if we still need to work on it a few more weeks. I want to thank her very much for coming with those comments. Very nicely done, Ms. Johnson. JOHNSON: Thank you. ROSS; Councilman Eldridge, ELDRIDGE: Yeah. I thank you very much for your comments as well and I have some of the similar questions and problems with the proposed ordinance that will be before us next week and I will, I had already planned to offer a substitute ordinance which would allow such.... JOHNSON: Awesome. Is that next week or the 20th7 ELDRIDGE: ...beauty parlors to be permitted. JOHNSON: The 20th. Okay. ELDRIDGE: Yeah; the 201} is the next meeting. JOHNSON: Thank you. ROSS: Thank you. Testimonv of Anthony Pisa: PISA: Good evening. My name is Anthony Pisa and I reside at 39575 Moose Range Drive. I also have a business in the Thompson Park area. I am Anthony's Transmission, General Automotive Incorporated. We are also become recently a AC Delco total service support center in lieu with everything that's going on with GM, the AC Delco Parts & Service Program is one of their, actually doing very well for GM. Obviously, with the questions on what's going to be happening with our GM store down here, we're pretty excited to be working with GM and having a great relationship PARTIAL VERBATIM MAY 6, 2009 COUNCIL MEETING PAGE 6 with them. As Mrs., as Jackie was talking about, Jackie Johnson was talking about her issue in Thompson Park, I've been there for just about four years in July, and we started off by renting the property and it was a split business. There were actually two businesses on that piece of property with electrical, home electrical, and home plumbing. I started off by taking over one-half of that. The other half was vacant. We soon grew with employees and the amount of service work returning to my shop, probably in the second year we, you know, probably the first, the end of the first year towards the second year, we actually took over the complete building. Obviously we've grown. We have two service writers that are dealing directly with public, service write up. We employee four technicians and my wife is working all the books. Looking to establish ourselves there, which we've had over the last four years, that property has come up for sale and this is, we didn't know any of the restrictions, or when they changed either. Where we're at now is what Mrs. Johnson has brought up. We're at a point where we've got no more room to put in. We can't stock an inventory for AC Delco because the zoning restrictions. We can't add on to the existing business and it's really affected some of the decisions on actually purchasing that property or moving, or having to move. We don't want to move because we are established there. It's very nice, but it's also, it's just concerning. You took at the city of Kenai and I am one of only two independent shops in this town. But it's also a good thing, you know. We're really the only independent service station on the Kenai Spur Highway. So, as Mrs. Johnson had to say, we are very, very concerned about the zoning. ROSS: Just a quick question. Are you saying that the current zoning that you're in is restrictive or the proposed zoning is what is causing you the problem? PISA: Well, you know, I, 1 really don't, where we're at right now is where we're not able to even expand. If I, if things don't change, you know, from a limited commercial use to a general commercial, I don't know what we're going to have to jump through to add on. Right now, we're at the point, well, do we even want to purchase this property? Because, if I purchase it, I'm locked into this is your little box and that's what you got to work with... ROSS: So, the problem you have is with the current zoning, not with the proposed ordinance. That may, but, the problem you're up against is the current zoning? PARTIAL VERBATIM MAY 6, 2009 COUNCIL MEETING PAGE 7 IN • PISA: The current zoning and possibly just being limited to what's coming up. I'm with Mrs. Johnson, I don't know what that's going to entail for my business either. You know, if it was general commercial before, why did it, why did it change to a limited commercial and now we can use it as a ... I don't the whole effect on, you know, what can it affect me as my business. ROSS: The zoning in place as it currently is, was that the zoning in place when you bought the property? PISA: I haven't bought the property, I don't have... ROSS: I mean, when you moved into the property. PISA: I don't know. I don't believe it was. GRAVES: I think it may have been general commercial and changed to limited commercial. ROSS: Also, I, before you, I'd also point out the same thing to you as Ms. Johnson, in case you didn't hear it. The ordinance on limited commercial is up for public hearing in two weeks and I would encourage you very much. Also ask the Clerk to have a verbatim of your comments. Councilman Eldridge. ELDRIDGE: Yes. Well first congratulations on having a business that's expanding and being profitable. But, you're right. It was general commercial at one time. That stretch was made limited commercial and some of the restrictions that are proposed in the ordinance coming before us in two weeks, would limit your type of business and many others. I think there's, there's probably a couple of things needed to be addressed with the limited commercial. One is I agree with you and Kathy that some of the businesses there as not, as needing conditional use permits are not appropriate. They should be permitted. That's what the zone is developed for. That's why we put it together. And the other thing is we need to look at the ability for people to expand their operation, their business, you know, once, once they get established and as in your condition, where you need to expand to expand your business. So, we will be looking at that and there will be a substitute ordinance and we'll try to rectify some of those issues at the next meeting. ROSS: Councilman Smalley. PARTIAL VERBATIM MAY 6, 2009 COUNCIL MEETING PAGE 8 -70- SMALLEY: Thank you Vice Mayor Ross. Have you had a discussion with GM with regard the potential restrictions and the existing restrictions on your business as it might relate to product that you might be expected to carry? PISA: Well, mostly everything that we're carrying right now is AC Delco which covers probably about 95, maybe 85 to 90 percent of parts direct only and replacement parts for Chevrolets, the whole GM line. Some parts are restricted only to GM that AC Delco doesn't provide, but AC Delco also does provide parts that just about, Fords, Dodge, any type of Chrysler, imports, and stuff like that also. SMALLEY: I guess what I was referring more to was the relationship of doing business on a piece of property or on property that may, in fact, have non -conforming use restrictions attached to it. And I say, may, because we haven't dealt with it yet. PISA: It's, it's been talked about, but it hasn't been, it hasn't been, you know final. ROSS: Any other questions? Thank you. Comments of Raquel Pisa: PISA: My name is Raquel Pisa and I live at 39575 Moose Range Drive and my husband and I own Anthony's Transmission and yes, we'll be here in two more weeks. What we are concerned about right now is we are limited commercial. If we change to conditional, how can I explain this... We used to be here, general commercial, when we wanted to purchase the property. Then we bumped, we were bumped down to limited commercial, which we didn't know, because we weren't the owners of the property. He is actually out of state and we are dealing with the landlord, I guess, who would be the son in law. So we were bumped down to limited commercial, but in the meantime, we thought we were still general commercial and we were going to purchase the property. Now we're at limited and now we're looking at possibly going to get a conditional use license on, instead of being limited, we'll have a conditional use, and we're worried about variances. We don't, I'm not positive about all the information that comes with the variance or what we have to apply, or are there still going to be a lot of rules and conformities that we'll have to deal with. I don't know the expense of it. I don't know if that's the answer because then I feel like we're halfway up. So, we would like to go PARTIAL VERBATIM MAY 6, 2009 COUNCIL MEETING PAGE 9 -71- back up all the way up, to general commercial, where the business started and where we picked that property because of the commercial zone and it was right on the highway frontage. It was a great opportunity for us at the time. We do have quite a few employees as my husband has said and if we're able to expand, we can hire more employees which would bring more revenue to the city of Kenai as what I was thinking. We pay our taxes. We try to live by the rules. So, if we could talk, I guess talk about this in two more weeks and move up to possibly general commercial again instead of having to jump through, more hoops with the variances and going conditional, i would greatly appreciate that. ROSS: Thank you. Any questions? MOLLOY: Vice Mayor Ross, may I comment on that? ROSS: Sure, go ahead. MOLLOY: Thank. I want to thank Mr. and Mrs. Pisa for coming and speaking. You know, I would, I guess, personally and individually, I would tend to look favorably upon, you know, an application, to rezone the property back to general commercial. The reason being that, perhaps we may have made a mistake at the time that we did the rezone with respect to that property. You know, you can't really undevelop what's being developed and it really is a general commercial industrial use, so you know, rather than a lot of variances, etcetera, etcetera, you know, I would tend to look at that favorably. Thank you. End of verbatim. Verbatim prepared by: Carol L. Freas, City Clerk PARTIAL VERBATI.TM MAY 6, 2009 COUNCIL MEETING PAGE 10 -72- SUBSTITUTE Suggested by: Councilman Eldridge Eie �lEyof K€NAI,A¢ASKA CITY OF KENAI ORDINANCE NO. 2403-2009 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 SOME PERSONAL SERVICES, RESTAURANTS, DORMITORIES/BOARDING HOUSES AND GREENHOUSES/TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LIMITED COMMERCIAL ZONE (LC); 3) CHANGE AUTOMOTIVE REPAIR FROM NOT PERMITTED (N) TO CONDITIONAL USE (C) IN THE LIMITED COMMERCIAL ZONE (LC); 4) ADD LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS AND MASSAGE THERAPISTS ARE PERSONAL SERVICES; AND; 5) REQUIRE TATTOO PARLORS AND MASSAGE THERAPISTS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT AND LIMITED COMMERCIAL ZOATE (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 and massage therapists are considered personal services and as such are aprincipal permitted use in the TSH and LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors and massage therapists to get conditional use permits in the TSH and LC 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 Mav, 2009. New Text Underlined; [DELETED TEXT BRACKETED] -73- Substitute Ordinance No. 2403-2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: June 20, 2009 New Text Underlined: 1DELETED TEXT BRACKETED] -74- Substitute 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 Page 1 of 4 NOTE: Reference footnotes on Billowing pages for additional restrictions ZONING DISTRICTS 1 RESIDENTIAL ( �� LAND USES ' C RR RRI R5 RSI RS2 RU CC CC IL IH ED R TSH I.C. (cmu. One Family Dwelling C'" 1' P P i P P P P" Sr S' S' (T P P I' S'7C° Twomiree Family Dwelling C`" P P P P P P P''' S' C C C" P P P Si'C'r' }'our Family Dwelling C'" P C' P N N P S' C C C" N P C ;Five/Six Family Dwelling C" C' N P N N P P'r S' C C N N i P C 5'/C" Seven or More Family C'" Dwelling C N C' N N P 11" 5' C C N N P C S'lCsr Townhouses' C'" C C C C C C C C C C ,.'C''' C C C C Mobile Home Parks' N C C C C C C C C C C N C N! p N C Planned Unit Residential Cu Development' C C 1 C C C C, C C C C N C C C COMMERCIAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL III I ED R TSH LC iCMU Automotive Sales N C C N N N C P P P P N N N N P Automotive Service Stations N C C N N N C P P p P N C t N N P Banks N C C C N N C P P P C j N C! C C P Business/Consumer N Services C C i C N N C r P j P P C N C C C P Guide Service N C C C N N l C P P P P N P P C P Hotels/Motels N C C C N N C P P P C N C P C P Lodge N C C C N N C P P P C N P P C P Professional Offices j N C C C N N P F P P P t N C P P P Restaurants N C C C N N C P f P 1' C N C C [P] C P Itntail Business (N'6 C C C N N C P j P P P Si` Sa" Wholesale Business N I C C r C r N N C C P j P P N S" C C N - I'I'heaters/Commercud N �Remeation _...._ C C C N N i C P P C C N P C S C ?' 1 I -75- Substitute Ordinance No, 2403-2004 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 RS1. RS2 RU CC i CG IL III ED R TSH LC 1CAIU Airports and Rclated Uses i" C C C N N C P i p P P! N C I N N C Automotive Repair . N C C C N N C P P P P N N N (N] _C. P Gas Manufacturer/Storage N N C C N N N N N C° N —{I- N '�, N N N �Manufactuting/Fabricatingl Assembly N C C C N N C C P P] P N C( C N C. IMinl-Storage Facility N C C C N N C C P P P N N N C C iSmrage Va� N C C C N N C C P P P N N N N C i Warehoused s N i C C C N N C N P P P N I C 1 N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS RS1 ILS2 i RU CC CG 11, 111 ED R TSH LC jCMU Charitable Institutions C C C C C C P P P P P P C P C P Churches* j C 1 pill Pill Pill pill pillP' PI" P1n pill C i P In, 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 P Governmental Buildings C C C C' C C C P P P C P C C P P High schools* C C C I C C C C P PC C P C C C 1> Hospitals' C C C C C C C P P P C C C C C P Libraries* i C i C C C C C C" P P P C P C' P C P Museums C C C C C C C P P P C P C P j C P, Parlor and Recreation P C C C C C C P P P P P P P C P Assisted Living C 1 C C I C C C C C C I C,' C C C C I C C MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CC IL II1' ED 12 TS{{ LC CMU Animal Boarding° C C C C C N N C C C N C N C C Bed mid Breakfasts C C C C C C C C C C N C C C P ..Cabin Remnls.... C C C C I. N. N N 1>.... .P. C N-..: P{ -P C P Cemeteries C C C C I N N N N C C N C C' N h 1 Crematories/Funeral Homes N C N C N N C C C C N C C C C Day Care Centers'r C C C C C C C P P C C C I C P P DormitcraWBoarding Houses C I C C C C C P fr' S C P Pd0 C C (PI C P Essential Services P P P P P P P P P P P P P P P P FormingfGeneral Agriculture- P j P ( N N N N N N N N P N P N 1 N N --Greenhouses/Tree, Nurseries"- C C C - C C C C P P P C N C C [P] 4 P -76- Substitute 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 additionalretan ctiona ZONING DISTRICTS MISCELLANEOUS � IANn USES C It12t R12 C251 RS2 itl7 CC CG �{ IC, IH 4 En R T&H LC CMtI i Gunsmith ng, Printing, N j C C C C c c P P P P N C P P! P Taxidermy f Assem611a510 (I argc: C C C C C C C P" P's P" (. P" P's C P { N 1j1O � CIi'C113CS, Pairs, Etc.) I t Fraternal Organizations/ N C C t C C C C P P P C N C P C i P l Private Cubs/Social Halls i and Union Halls I ! Nursing; Convalescent or. N C C C C C C P P C I C C C C C P Rest homes IParking, off-Streot P P P 1' P P P P ( P P P P P P P P Par —king, Public Lmsr' C C C C C C C C C C C C C C C C Person' al Services`' C C C C C C C P PPP C C P" - [P] P 1 j C`s Radio/TV Iransinitters/Cell P 1' C C C C C P P P P P C C C. P Sites" I Recreational Vehicle Parks C j C C C N N C C C C( C N I C C j N C Subsurface Extraction. of C C C C C C C C C C C N C N N N I Natural Resources1° j Surlhce, Extraction of C Natural Resources" * See 42 USCA' Sec. 2000cc (Religious Land Use and Institutionaliz.d Persons Act of 2000) "* See 42 Telecommunications Act of 1996, Sec. 704(a) "** See, however, the limitations imposed under.KMC 3,M070 Footnotes: 'I. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and me'jori highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single-family residence net parcel, which is put of the main building. I 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the IRS 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 principal uses in the RR zone; d. Water-and'sewer facilities shall meet the requirements of all applicable health regulations; C. The proposed dwelling group willconstitutea residential area ofsustaineddesirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values: - C 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; - i. The property adjacent to the proposed dwelling group will not be adversely affceted. 14. See"Townhouses°` section. �5. Sec "Mobile I{onnes" section. -77- Substitute 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 the minimum Federal Housing Authority requirements. T See"Planned Unit Residential Development" section. B. 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 applicable safety and fire regulations are met. 10, 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 line and provided further 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; It. Exits and entrances mid 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 its, 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 indication of said use is evident from the exterior- of the mortuary. 15.. 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 paicing for the use shall be located to prevent traffic hazards on the public streets. 16. See"Conditional Uses" section. - 17. See "Conditional Use Permit for Surface Extraction of Natural Rosoaees" section. I & 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 1420.070(a), except that for properties- contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways at, 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 RUfrSH zoncs. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for aschool in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the CD zone. For example, a dormitory used to house students fora school or educational facility. M. 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 parlors, dressmakers, or), cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the TSH and LJ zone, tattoojmrlors and massage therapists are allowed as a conditional use. 16. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. No SUBSTITUTE B Suggested by: Councilman Eldridge EHB Lf�Of KENAI, ALASKA 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 SOME PERSONAL SERVICES, RESTAURANTS, DORMITORIES/BOARDING HOUSES AND GREENHOUSES/TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LIMITED COMMERCIAL ZONE (LC); 3) CHANGE AUTOMOTIVE REPAIR FROM NOT PERMITTED (N) TO CONDITIONAL USE (C) IN THE LIMITED COMMERCIAL ZONE (LC); 4) ADD LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS AND MASSAGE THERAPISTS ARE PERSONAL SERVICES; AND; 5) REQUIRE TATTOO PARLORS AND MASSAGE THERAPISTS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH). AND LIMITED COMMERCIAL ZONE (LC). 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 and massage therapists are considered personal services and as such are a principal permitted use in the TSH and LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors and massage therapists to get conditional use permits in the TSH and LC 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." New Text Underlined; [DELETED TEXT BRACKETED] Substitute B Ordinance No. 2403-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. ATTEST: Carol L. Freas, City Clerk Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: June 20, 2009 New Text underlined; [DELETED TEXT BRACKETED] Substitute B Ordinance No. 2403-2009 Attachment "A" 14.22.010 Land use table. LAND USE TABLE KEY: P= Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted Pagel of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL I i LAND USES C RR RRI RS RSl RS2 RE CC CG IL III ED R TSD E LC CMU One Family Dwelling C19 P P P P P P P21 S' SI S' Cs P P P Svc, Two/Three Family Dwelling Cs P P P P P P( Psi S1 C C c- P P P iS'/C2' Four Family Dwelling Cs P C P N N P P21 S7C C Cn N P C SI/C2' Five/Six Family Dwelling Cs C N P N N P Po' S1 C C N N P C S'/C21 Seven or More Family Dwelling C" C N C N N P Pr' S' C C N N j P C SVC ] i i ;Townhouses' C`s C C C C C C C C C C C" { C C C t c Mobile Home Parks' N C C C C C C C C C C N C N [C] N C Planned Unit Residential Development Cis C C C C C C C C C C N C C C C COMMERCIAL LAND USES C I RR RRI IRS RSI I RS2 j RIi j CC CG IL III ED R TSH LC CMU Automotive Sales N l C C N N N C P P P P 1 N N N N P Automotive Service Stations; N C C N N N C P P P P N C N j N P Banks N C C C N C P P P C N C C C P Business/Consumer Services N C C C ffN N C P P P C N C C C P Guide Service N C C C N N C P P P P P C P Hotels/Motels N C C C N N C P P ( P C E TNC P C P Lodge I N C C C N N C P P P C P C P Professional Offices N C C C N N j P P P P P P P P Restaurants N C C C N N C P P P C N i C C tP] C P Retail Business N26 C C C N C P P P P S'" S21 C C P Wholesale Business N C C C N C C P P P N Sr" C( C N Theaters/Commercial Recreation N C C C IN N C P P C C N P C C P Substitute B 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 RSI RS2 RU CC CG IL III ED R TSH LC CMU Airports and Related Uses P26 C C C j N N E C P P P P N C N{ N C j Automotive Repair N C j C C N N C P P P P N 1 N N (NJ C P Gas Manufacturer/Storage 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 I N C C, N C i MiniSnuage Facility N C C C N N C C P P I P N N N C C Storage Yard Nr C C C N N C C P P P N N N N C Warehouses N C C i C N N C f N P j P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS RSI RS2 RU CC CG IF IH ED R TSH LC CIVIL Charitable institutions C C C C C C P P P E P P P C P C P Churches* C P10 j P'Q P'0 P10 j Pm P'0 pill0 P' P' C C P P10 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 j C P Elementary Schools* C C C C C C C P P C C P C'---- 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 I P P P C C j C C C P Libraries* C C C C C C C12 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 and Recreation P C C C C C C P P P P P P P C P Assisted Living C cC C C C C j C C C C C` C i C 4 C C MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CG IL III ED R TSH LC CMU Animal Boarding" C C C C C N N C C C C N C N C C Bed and Breakfasts C C C C C - C C C C C C N C C -C P Cabin Rentals C C C C N N N P I 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 Crematories/Funeral Homes N C N C N N C j C C C C N I C C C C Day Care Centers" C C C C C C C P P P C C C C P P Dormitories/Boarding Houses C C C C C C P P21 S C P P" C C tP] C P Essential Services P P P P P i P P 1 P P P P P P P P P Farming/General Agriculture*** P P N N N N N N N N r P N P N N N Greenhouses/Tree Nurseries" C C C C C C C P P P C N C C [P] C P Substitute B 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 MISCELLANEOUS LAND ITSES C RR RRI IRS RS1 RS2 RU CC CG IF III ED R TSII LC CMU Gunsmithing, Printing, N C C C C C C P P( P P N C P P ( P Taxidermy Assemblies` (Large: C C C C C C C P's P" i P1= pl` Pjs C P N Ps 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 I� and Union Halls ! I Nursing, Convalescent or ( N C C C C C C P P C C C C C C P Rest Homes Parking, Off -Street P P P P P P 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 C Personal Services" C C C C C C C P P P P C C P2' P'` P RaduvTV P P C C C C C P P P P P C C C P Transmitters/Cell Sites" i Recreational Vehicle Parks C C C C N( N C C! C C C N C C N C Subsurface Extraction of C C C C C I C C C C C i C N C N N N Natural Resources" Surface Extraction of C C C C N N C N C C C N C N N N Natural Resources" l ° See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of2000) ** See 42 Telecommunications Act of 1996. Sec. 704(a) "** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 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 falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site pins. 2. One (1) single-family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per 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 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 constitute a residential area of sustained desirability and stability; will be in harmonyl with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. 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; Jr. 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 will not be adversely affected. 4. See "Townhouses' section. 5. See "Mobile Homes" section. Substitute B Ordinance No. 2403-2009 Attachment "A" Page 4 of 4 5. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development' section. S. 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. 3. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. 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 line and provided further 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 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 fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. 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 streets. 16. See "Conditional Uses' section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. I & 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/TSH 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, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the TSH and LC zone tattoo parlors and massage therapists are allowed as a conditional use. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. t ' ;,. Suggested by; Councilor Smalley NEYAL MASK CITY OF KENAI 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 lI 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 Text Underlined; [DELETED TEXT BRACKETED] we Ordinance No. 2404-2009 Page 2 of 2 Budget Transfer -General Fund From: Non -Departmental -General Contingency $11,000 To: Nan -Departmental -Transfers $11,000 Appropriation —Visitor Center Heating Upgrade Capital Project Increase Estimated Revenues Transfer from General Fund $11,000 Increase Appropriations: Construction $11,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day 20th day of May, 2009. ATTEST: Carol L. Freas, City CIerk Approved by Finance: 7 -> PAT PORTER, MAYOR Introduced: May 6 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Text Underlined; 1DELETED TEXT BRACKETED] "Village Lvitk a Past, C# wick a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 U; . Telephone: 907-283-7535 / FAX: 907-283-3014 1111P 1992 KENUALASKA TO: City Council Rick Koch May 14, 2009 SUBJECT: Ordinance 2404-2009, Loss of Funding for Kenai Convention & Visitors Bureau The purpose of this correspondence is to provide information regarding the above referenced subject. I received a letter dated April 1, 2009 from Jaquie Steckel, President of KCVB requesting the City consider reimbursing the KCVB for $ 11,000 of lost revenue from sales during the period they were temporarily re -located during construction at the Visitor's Center. My analysis of the KCVB financial data did not support the loss of $ 11,000 of net revenue during the four month period. Based on historical data included in the KCVB financial reports my analysis concluded, assuming there were no sales during the period December 7, 2008 through April 5, 2009, the loss of net sales revenue is estimated to be S 2,889.80, and the estimated loss from meeting room rentals to be $ 428.00, or a total of $ 1,317.80. I met with, the KCVB President and executive director topresentand explain my analysis on Thursday April 9, 2009. On May 1, 2009 I received an e-mail from the KCVB accepting my analysis showing an estimated $ 3,317.80 loss. Attached please find the following: 1. Letter from. KCVB dated April 1, 2009 2. Administration analysis of request and KCVB financial information 3. E-mail from KCVB dated May 1, 2009. IM Administration recommends that ordinance 2404-2009 be amended to reflect a change from $ 11,000 to $ 3,317.80, assuming that KCVB had no sales of merchandise during the period beginning December 7, 2008 through April 5, 2009. If you have any questions, please contact me at your earliest convenience. L Convention & _ Visitors Bureau, Inc. To: Rick Koch, Kenai City Manager From: KCVB Board of Directors RE: Rental and Retail Income Shortfall Date: Wednesday, April 01, 2009 The Kenai Convention and Visitors Bureau has unfortunately incurred financial losses as a result of having to shut down the Center for the renovation of the heating system. As a 501 (c) 6 nonprofit organization, the KCVB is limited in our sources of revenue. The majority of the money we receive comes from gaming. Thus far in 2009, gaming revenue has been down 39% from this time last year. Money we received from meeting rentals and retail, however not as considerable an income source, is income that is extremely important to our financial stability in these tough economic times. Attached is a financial statement which shows meeting rental and retail income for the past four years. The four year average on that income is $11,000. The loss of this income is having a significant impact on our budget. We kindly request that the City consider reimbursing the KCVB $11,000 for the loss of income during the time period the Center was shutdown. This money is important to the continued services we can provide the community. Thank you for consideration of our request. Members of the KCVB Board of Directors can be in attendance at the April 15' Kenai City Council meeting to answer any questions City Administration or City Council Members may have in regards to this request. Thank you. /&I lacquie Steckel, KCVB Board President I/L as R a wlsitkena coo 11471 Kenai Spur Highway • Kenai, Alaska 99611 • (907) 283-1991 ° Fax (907) 283-2230 ° Email: infowisitkenai.com —83— TO: Natasha Ala, Executive Director FROM: Carla Pollard, Director of Finance & Human resources DATE: February 24, 2009 SUBJECT: Detail and Meetings Income for the period of December through April 6 Following is a schedule of retail and meetings income for the period of April through December for the past four years (rounded): Retail (Includes art & consignment) Meetings Total 12/07-4/08 12/06-4/07 12/05-4/06 12/04-4/05 $ 8,840 $ 9,290 $ 9,300 $ 6,850 1,140 $ 9,980 2,450 $11,740 3,000 $12,300 The average for these four periods is $11,018 (rounded). 3,200 $10,050 A Construction.me uarilnj� January 1, 2008 — December 31, 2008 Income 41700 Retail Sales 41800 Retail Sales -Art 41900 Retail Sales -Consignment Expense 50000 Cost of Goods Sold -Retail 51000 Cost of Goods Sold -Art 51100 Freight & Shipping Costs 52000 Cost of Goods Sold -Consignment Income 41600 Rentals/Meetings Expense 62654 Meeting Supplies Gross Income Total Expense Net Income -Sales Net Income Meetings $ 58,506.45 950.06 4,401.56 $ 63,858.07 $ 39,675.74 592.50 28.00 3,773.53 $ 43,069.77 $ 5,164.00 $ 3,225.24 $ 1,938.76 M 1jL_ IN Analysis Sales (Gross Annual Income - Total Expense)/Gross Annual Income=Profit Margin I%) ($63,858.07-$43,069.77)/$63,585.07=0.3269 or 32.69% Gross Income for period 12/07-4/08 (Pollard memo 2/24/09) $ 8,840.00 Gross Income X Profit Margin=Net Income $ 8,840.00 X 0.3269= $ 2,889.80 Meetings (Gross Annual Income - Total Expense)/Gross Annual Income=Profit Margin (%) ($ 5,164.00-$3,225.24.)/$ 5,164.00=0.3754 or 37.54% Gross Income for period 12/07-4/08 (Pollard memo 2/24/09) $ 1,140.00 Gross Income X Profit Margin=Net Income $ 1,140.00 X 0.3754= $ 428.00 Estimated net income loss from sales $ 2,889.80 Estimated net income loss from meetings 428.00 Total Estimated Net Loss $ 3,317.80 Rick Koch From: Natasha Ala [natasha@visitkenal.com] Sent: Friday, May 01, 2009 12:12 PM To: Rick Koch Subject: RE: KCVB Various Items Rick, After discussing the issue of reimbursement further with the KCVB board of directors, we will accept the estimate of net loss amount of $3,317.80. Please let me know what paperwork you would like me to submit in order to receive payment. Thanks, Natasha From: Rick Koch [mailto:rkoch@ci.kenai.ak.us] Sent: Tuesday, April 21, 2009 10:52 AM To: Natasha Ala Cc: Wayne Ogle Subject; KCVB Various Items Natasha, I am sending you the final plans that have been given to Blazy Construction for the kitchen area re -model. We expect to receive a proposal this week. There area couple of things I need from you: 1. An updated final/draft Profit and Loss Prev. Year Comparison January through December 2008 and an updated final/draft Balance Sheet Prev. Year Comparison as of December 31 2008. The documents you previously submitted to the City show net income of $ 18,676,54 for the Recreation Guide (2009). In the meeting I had with you and Jackie Steckel, you had a supplemental document showing a net loss of approximately $ 600, as a result of printing costs not included to your submitted financial information. 2. A council member again asked if I had received the names of the individuals/businesses that have participated in the Saturday Market during 2007 and 2008, 1 told them I had not yet received this information from you but would ask again. I have not heard from you or Jackie Steckel regarding my analysis of estimated net loss ($ 3,317.80) attributable to the KCVB's relocation during construction. Do you agree with my analysis? Thanks, I'll have someone drop off the kitchen plans. Rick R. Koch City Manager City of Kenai 210 Fidalgc Ave. Kenai, AK 99611 (907)283-8222 (907)398-0190 M Suggested by: Administration CITY OF KENAI ♦'� r .c sr. 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 t � Approved by Finance: Cii.—c.�_ PAT PORTER, MAYOR Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Text Underlined; [DELETED TEXT \\ Meci�yof Si KEHALALA SKA To: Rick Koch, City Manager IlVillaye wall a Past, City wdk a Future"' FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 J.L From: Terry Eubank, Finance Director Date: May 13, 2009 Re: Kenai Historic Cabin Move Project The Kenai Historical Society has undertake the project of moving several historic cabins in Old Town Kenai from their existing location to a permanent area also in Old Town, Each of the cabins to be moved was in need of preparation and repair prior to moving. Absent this preparation and repair the move would have likely destroyed the structures. The Kenai Historical Society was not in a position to hire employees to perform the work. In order to facilitate the project, the City entered into agreement with the Society to employ all individual to perform the work and be reimbursed by the Society for all costs incurred. Worked commenced in February and was completed in April. The Society has been invoiced $8,590.27 for the total cost the employment. Expenditures for the employment were recorded in the City's Parks Department. In order to assure adequate budget remains for the summer, temporary positions the reimbursement needs to be appropriated. The appropriation will replace the budget utilized in facilitating the historic cabin move project. .o Suggested by: Administration th"`tY% CITY OF KENAI KENAI. ALASKA ORDINANCE NO. 2406-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAL 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 12,000 Streets - Utilities 2,000 Buildings - Leave 9,850 Buildings - Communications 660 Street Lights - Utilities 4,000 Library - Utilities 9,650 Recreation - Utilities 2,000 New Text Underlined; (DELETED TEXT BRACKETED] -90- Ordinance No. 2406-2009 Page 2 of 2 Parks - Utilities 1,000 Boating Facility - Utilities 3.800 $129.96 5 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. ATTEST: Carol L. Freas, City Clerk r Approved by Finance: PAT PORTER, MAYOR Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 New Text Underlined; [DELETED TEXT BRACKETED] me s fheu�of„ KENAI� SKA To: Rick Koch, City Manager `rVNaye wA a Past C# Li iM a mature' FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 ( FAX: 907-283-3014 7/ From: Terry Eubank, Finance Director Date: May 13, 2009 Re: Ordinance 2406-2009 With the end of the fiscal year approaching the Finance Department has been working with various City departments to review their budgets. As a result a number of needed adjustments have been identified for General Fund departments. Utilities Fiscal year 2009 has seen significant fluctuation in utility costs. Electrical rates have seen two - increasing rate adjust as well as decreasing rate adjustment. Natural gas rates saw a single rate increase. The result is a number of department budgets were insufficient to absorb the rate increases that occurred. The following departments are in need of budget increases in their utility accounts totaling $50,500: Non -Departmental $5,000 Shop $12,000 Police $4,600 Streets $2,000 Fire $5,000 Street Lights $4,000 Animal Control $1,000 Library $9,650 Recreation $2,000 Parks $1,000 Boating Facility $3,800 Communications Communication budgets in a number of departments are in need of minor increases totaling $1.515: Animal Control $660 Public Works Administration $165 Buildings $660 Professional Services Several significant computer system projects took place during this fiscal year which the budgeted amount is insufficient to support. During the current fiscal year the City's email server has been upgraded, system back-up issues at multiple sites has been addressed, internet and network security has been addressed, audio and video streaming of Council meetings was ON accomplished and a system upgrade to the City financial software is underway. $28,000 in additional consulting services budget is needed to complete the fiscal year. Personnel Services 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: Legal - Leave $6,300 Finance- Leave $21,750 Animal Control — Leave $2,500 Manager — Leave $3,500 Animal Control — Overtime $6,500 Buildings - Leave $9,850 on Suggested by: Administration <<AthEurydf CITY OF KENAI KENAV 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 8, Areas - Utilities 3,500 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 Text Underlined; [DELETED TEXT BRACKETED] -94- rrVi(lLrge w to a PAS, C# wN a FatLtY'e FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 theee'yef KENO AL SKA To: Rick Koch, City Manager �-(. Fran: Terry Eubank, Finance Director Date: May 13, 2009 Re: Ordinance 2407-2009 With the end of the fiscal year approaching the Finance Department has been working with various City departments to review their budgets. As a result a number of needed adjustments have been identified for Airport Fund departments. Utilities Fiscal year 2009 has seen significant fluctuation in utility costs. Electrical rates have seen two increasing rate adjust as well as decreasing rate adjustment. Natural gas rates saw a single rate increase. The result is a number of department budgets were insufficient to absorb the rate increases that occurred. The following departments are in need of budget increases in their utility accounts totaling $50,500: Terminal $25,000 Airfield $22,000 Other Buildings & Areas $3,500 Personnel Services Larger than expected Airport operational and snow removal costs have exhausted the amount originally budgeted $76,165: Terminal - Salaries $4,200 Terminal - Overtime $6,000 Airfield - Salaries $30,000 Airfield — Overtime $17,000 Airfield - PERS $18,965 -95- 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 60.000 .•�_._f/ 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 Text Underlined; [DELETED TEXT BRACKETED) -96- { Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 "Wlage witk a Past, C# wdk a Futare" - FINANCE DEPARTMENT 210 Fidalgo Avenue,,Kenai, Alaska 99611-7794 tkeuzyof KENAI, ALAKA To: Rick Koch, City Manager Y. From: Terry Eubank, Finance Director Date: May 13, 2009 Re: Ordinance 2408-2009 With the end of the fiscal year approaching the Finance Department has been working with various City departments to review their budgets. As a result a number of needed adjustments have been identified for Water & Sewer Fund departments, Utilities Fiscal year 2009 has seen significant fluctuation in utility costs. Electrical rates have seen two increasing rate adjust as well as decreasing rate adjustment. Natural gas rates saw a single rate increase. The result is a number of department budgets were insufficient to absorb the rate increases that occurred. The following departments are in need of budget increases in their utility accounts totaling $91,500; Water $30,000 Sewer $1,500 Waste Water Treatment $60,000 Personnel Services Larger than expected annual leave cash outs have depleted wage accounts in various departments requiring additional funds to complete the fiscal year $8,000: Water - Leave $4,000 _ Sewer — Leave $4,000 EN Suggested by: Administration CITY OF KENAI 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 $1,092.40 Increase Appropriations: Police - Transportation $1, 092.40 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] -98- flc afy o�� KENAI.ALASKA CITY OF KENAI Suggested by: Administration 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 1: 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 to be expended substantially by line item in the manner shown in the budget adopted by Section 1 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 11I 553,512 Senior Citizens Fund 196,743 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20tr day of May, 2009. PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] 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 BRACtF,TED] SUBSTITUTE Suggested by: Administration \� rh yuf CITY OF KENAI KENAI, ALASKA ORDINANCE NO. 2410-2009 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 KEATAI, ALASKA as follows: Section 1: 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, 20I.0, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $12,544,597 Congregate Housing 378,339 Permanent Funds 313,000 Water and Sewer Fund 1,943,184 Airport Fund 2,544,477 Senior Citizen Title III 553,512 Senior Citizens Fund 196,743 New Text Underlined; [DELETED TEXT BRACKETED] -101- Ordinance No. 2410-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20,11 day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: % e_- PAT PORTER, MAYOR Introduced: May 6, 2009 Adopted: May 20, 2009 Effective: July 1, 2009 New Text Underlined; [DELETED TEXT BRACKETED] LII the ctly a f KENAI, AALASKA To: Rick Koch, City Manager "Village with a Past, City witA a F"tuvre" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 11. From: Terry Eubank, Finance Director Date: May 13, 2009 Re: Changes included since issuance of March 6, 2009 budget draft. Administration Recommended and Council Accepted Changes 1. Increase General Fund — Non -Departmental — Transfers 001.418.9090 $2. The $2 increase is necessary to correct a $2 error in the ending fund balance in the Senior Citizens Title III Grant Fund. 2. Increase Senior Citizens Title III Grant Fund — Transfers in — General Fund 019.39.9500 $2. The $2 increase is necessary to correct a $2 error in the ending fund balance of this fund. 3. Increase General Fund — Buildings — Professional Services 001.434.4531 $10,000. Additional fiords requested for miscellaneous engineering services on various building repair and maintenance issues. 4. Increase Airport Land Sales Permanent Fund — Transfer to Airport Operations 082,452,9090 $10,000. The increase will correct an error and allow all projected earnings of the fund to be transferred to the Airport Operating Fund, 5, Increase Airport Fund — Transfer in — Airport Land Sales Permanent Fund 008.39.9570 $1.0,000, To match the proposed transfer out in the Airport Land Sales Permanent Fund. Council Directed 1. Increase General Fund — Legislative — Miscellaneous 001.411.5041 $3,500. Increased for Kenai Chamber of Commerce Christmas Comes to Kenai fireworks sponsorship. 2. Increase General Fund — Non -Departmental — Grants to Agencies 001.41.8.5047 $5,000. Increased for contribution to CARTS (Central Area Rural Transit System). 3. Increase General Fund — Non -Departmental — Grants to Agencies 001.418.5047 $45,000. Increased for contribution to Kenai Boys & Girls Club. 4. Increase General Fund — Cleric — Small Tools 001.401.2024 $2,000. Increased for replacement of Clerk's computer. 5. Increase General Fund — Legislative — Advertising 001.411.4534 $5,000. Increased for potential purchase of an additional 4 pages in the Kenai Visitor and Convention Bureaus brochure. 6. Increase General Fund — Buildings — Professional Services 001.434,4531 $10 000. Additional funds requested for engineering services to develop repair recommendations for the gym floor at the Kenai Recreation Center. -103- Additional Administration Recommended Changes (These changes have been incorporated in Substitute Ordinance 241.0-2009 submitted for the May 20, 2009 Council Meeting.) 1. Increase General Fund — Legal — Computer. Software 001.412.2026 $5,000.. Increased for software needed for the City to attach the Permanent Fund Dividend of individuals with delinquent traffic fines. 2. Increase General Fund — Library — Repair & Maintenance 001.440.4538 $3,000, Additional funds requested for increase in the janitorial services to the Library. 3. Increase General Fund — Library — Computer Software 001.440.2026 $2,485. Additional funds requested to purchase time management software to manage the public access computers in the library. Grant funds previously requested for the purchase have not become available necessitating the request. Effects as Presented General Fund Prior to these changes the General Fund had a projected budget surplus of $176,286 including a 5% projected lapse of appropriations, Taking into account these changes the new projected surplus is $89,829 including a 5% projected lapse of appropriations. Water & Sewer Fund No change. Airport Fund Prior to these changes the Airport Fund had a projected budget deficit of $653,926 including a 6% projected lapse of appropriations. Taking into account these changes the new projected deficit is $643,926 including a 6% projected lapse of appropriations. Senior Citizens Title III Grant Fund Prior to these changes the Senior Citizens Title III Grant Fund had a projected deficit in ending fund of $2. Taking into account these changes the ending fund balance is projected to be $0. Senior Citizens Fund No change. Congregate Housing Fund No change, Airport Land Sales Permanent Fund Prior to these changes the Airport Land Sales Permanent Fund projected an increase in ending Fund Balance of $10,000. Taking into account these changes there is no projected increase or decrease in ending find balance. General Land Sales Permanent Fund No change. I MEMORANDUM TO: Rick Koch, City Manager FROM: Mary Jo Joiner, Library Director DATE: May 11, 2009 SUBJECT: FY 2010 proposed changes to library budget The FY10 budget draft submitted to Council and considered during the budget work sessions did not include the following: 1) Time Management software that would monitor public access and use of the computer stations in the library. This software takes the staff out of the equation. It frees up staff, eliminates staff involvement with waiting list and time limits and gives the customers a better sense of fairness while maintaining customer anonymity. This system has a first - year cost of $2,485 and a second -year cost of $173 and has been endorsed by the Library Commission in two votes this year and was not considered during the budget process as we had applied for a grant that would cover the cost. we did not receive this grant. This cost would be budgeted in line 001-440-2026. ✓ 2) For various reasons, we hope to use a different janitorial service beginning July 1, 2009. JF Enterprise, who cleans City Halt and the Visitor's Center, has provided us with a bid of $1,300 per month for this service. Our current contract and budget allows only for $1,050 per month. This change would result in a $3,000 increase in our budget request for Iine 0*440-4538. -105- 0ei1-4IL- 20" 210 FIDALGO AVE., KENAi, ALASKA 99611-7794 TELEPHONE: 907.283.7535 FAX: 907-283-3014 TO: Cary Graves FROM: Cee Salisbury DATE: May 6, 2009 RE: Addition to Legal Department 2009/2010 budget for purchase of software for compliance with new Court procedures regarding attachment of PFD monies In April the Court notified us of anticipated changes in their PFD attachment procedures to be effective October 2009. These changes will not affect our 2009 filing which we have already started and will be completed by September, 2009. in 2008 we collected $21,000 via attachment and in 2007 the amount collected was $25,000, 1 anticipate that we will collect between $20,000 and $30,000 this year. In order to comply with these new guidelines, effective October 2009, and to make future attachments on PFD monies, we will have to totally revamp our attachment procedures. These changes cannot be accomplished without the purchase of additional software. I contacted other municipalities in the state and most of them use software designed specifically for attachment of Alaska Permanent Funds, purchased from North Pole Computers. (There were a couple of exceptions: Kodiak whose court has not yet switched over to the new system has an in-house IT specialist who has devised a system much like Larry Semmons set up for us and Sitka who will likely not be in compliance with the new court -mandated requirements). I was not able to locate any other source for the software. North Pole Computers will honor a quote we obtained from them last year, when we first looked at their software (we elected not to expend the funds to purchase it last year and since Larry Semmon's departure, have been filing our attachments in a cumbersome manner.) The quote is for $3,900 and is good until August 27, 2009. I recommend that we request a minimum $5,000 be set aside in the upcoming 09/10 budget year for the purchase of software from North Pole Computers. I believe we should set aside money over and above last year's quote because that quote did not fully take into consideration differences in our operating systems from the other municipalities that utilize the program. North Pole Computers is working on further upgrades to their software and it might be beneficial to us to hold off on the actual purchase of the software until early in 2010 so they can tailor it to work more efficiently with our existing software, I don't foresee that there would be any problem with us not being able to file attachments between October of 2009 and spring of 2010. Under the newly required procedures, in lieu of multiple filings, we wiltbe required to make group or batch filings which can be made in the spring or early summer of 2009. I do not believe it would be wise to hold off on our purchase for the 2010/2011 budget year. Ideally, the system should operational by April 1, 2010, the beginning of the PFD filing period. Once the system is in place it can be utilized by the Legal Department to access information instrumental in pursuing other collections on behalf of the City. To have the software in place on July 1 we would have to commit for it well prior to July 1, 2010. Additionally, the PFD money is distributed on a first -come, first served basis. Certain claims have a higher priority and are in line in front of us but, for example, if the City of Palmer made a claim for an unpaid citation against a defendant's permanent fund and we made a claim, the claim filled first would have priority. There is an art in the timing of the yearly filing and we should place ourselves in a position to be able to effectively time our filing. dM Meutyef // KENAI, ALASKA To: Rick Koch, City Manager "V'llaye with a Past C y with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 Z j'From: Terry Eubank, Finance Director Date: May 20, 2009 Re: Postponement of Ordinance 2410-2009 after public hearing and Resolution 2009-23 until the June 3, 2009 council meeting. After completion of the public hearing on Ordinance 2410-2009 it is requested that action on the Ordinance be postponed and a second public hearing be scheduled for the June 3`d council meeting. It is also requested that action on Resolution 2009-23 also be postponed until the .Tune 3`d council meeting. KMC 7.25.010(c) requires a notice of public hearing be published in a newspaper of general circulation in the City not less than one (1) week before the public hearing. Notice did appear in the Monday, May 18tn Peninsula Clarion but it is insufficient to meet the requirements of KMC 7.25.010(c). Notice will be published in the Sunday, May 271" edition of the Peninsula Clarion for the June 3`d council meeting. Suggested by: Administration CITY OF KENAI 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 $175,000 Increase Appropriations: Transfer to Capital Projects $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: Carol L. Freas, City Clerk Approved by Finance: d New Text Underlined; PAT PORTER, MAYOR Introduced: May b, 2009 Adopted: May 20, 2009 Effective: May 20, 2009 TEXT BRACKETED] i "Villa e with a Past, City with a Fatare" r d 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 —' Telephone: 907-283-7535 / FAX: 907-283-3014 - - 1992 the ae� of KE AI, ALASKA U TO: City Council FROM: Rick Koch RATE: May 14, 2009 SUBJECT: Ordinance 2411-2009, Increase Revenues &Appropriations by $ 175,000 for the Bridge Access Water & Sewer Extension Capital Project The purpose of this correspondence is to recommend the Council pass Ordinance 2411- 2009. The affect of that action will be to provide the funding to enter into a professional services agreement with William J. Nelson & Associates in the amount of $ 156,974 for design engineering and environmental permitting services. The source of this funding is a grant is the Water and Sewer Fund and will be reimbursed, or accepted as a portion of the City matching share, when the project is accepted and programmed by the State of Alaska Department of Environmental Conservation (ADEC). The project will be funded primarily by the American Recovery and Reinvestment Act (ARRA) through the ADEC Clean Water Fund (ACWF) and Drinking Water Fund (ADWF). The following information is attached': 1. Letter from ADEC dated April 10, 2009 2. Preliminary Schedule m The project finances are estimated to be as follows: ACWF (Wastewater) Loan Principal Forgiveness Subsidy (90%) $ 1,450,400 Green Project Eligibility Forgiveness/Subsidy (100%) 549,600 Total Loan Principal Forgiveness/Subsidy $ 2,000,000 City Share 161,111 Total ACWF Project $ 2,161,111 ADWF (Drinking Water) Loan Principal Forgiveness Subsidy (90%) $ 1,577,270 Green Project Eligibility Forgiveness/Subsidy (100%) 422.730 Total Loan Principal Forgiveness/Subsidy $ 2,000,000 City Share $ 175.252 Total ADWF Project $ 2,175,252 The total City share is $ 336,363 and the total ADEC/ARRA share is $ 4,000,000. If you have any questions please contact me at your convenience. -110- i t1 DIWSION LoansMunicipal Grants and April 10, 2009 Dear Alaskan: SARAH PALIN, GOVERNOR 555 Cordova Street Anchorage, AS 99501 Phone: (907) 269-7502 Fax: (907) 269-7509 miehaeldew isftlasha.go� To date ADEC has funded Alaska sanitation infrastructure projects with a total of over $411,823,055 million 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 901/)o 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 approximately $44 million for the ACWF and $50 million for 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 1I 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 June 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. -111- 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_lewis@dec.state.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: wuw.state.ak.us/dec/dfco/adwfdraftiupl.O.Ddf ACWF: unuw state ak.us/dec_/dfco �acwfdraftiupl0 pdf We look forward to hearing from you. Sincerely, 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 -112- 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 I of the IUP} Fiscal Year 2010 Loan Cumulative Principle Project Commitment Construction Amount Amount Forgiveness System Owner Project Title Numh.r ser,r. oral. nerd 1a..,rraarorl n.m,.arad s'dnmrfnr GREEN GREEN Project Project Eligibility Eligibility Ketchikan Palmer Skagway Petersburg Petersburg NeAh-Pole---- Key,,.�-4--------- Tongass Avenue Sewer Replacement Phase 11 Wastewater Treatment Plant improvements WWTP MBR Upgrade Noseeum SL Sewer Gauffm Street Sewer - ension--..'-_____„_,T, nai Bdd a Access Road Sewer 481071 671161 785061 685371 685101 G33191_ 520 430 480 370 350 3,6-0� 1/1/2010 7/1/2009 9/28/2009 412012009 4/2012009 _ 7l112010 2/23/2009 2/23/2009 8/1/2009 8/1/2009 5,13/2010 ... 4,197,250 25,026,500 4,000,000 261,430 195,800 JU00,00 9,837,750 34,864,250 38,864,250 39,125,680 39,321 480 49.3214$ 2,000,000'° 2,000,000'^ 2,000.000 ^ 235.287 176,220 15% 20% 20% 16% 15% WA- 629,588 5,005,300 800,000 39,215 29,370 549,600 475051 350 ..._10(6/2009 1012/2009 4/212010 3,664.000 52,985,480 2,000,000 " 15% Petersburg _Main Vallide Street Sewer"` - -' �"_' 5111 345 '"" 78. 57 75%' 29,676 - 4W20b3-- - 1717f/2�J0 ' -"1' 5 ,1 , Petersburg Second Street Sewer 685151 345 412012009 10/112009 75,570 53,258,891 6$013 15% 11.336 Petersburg Odin Street Sewer 685131 345 4/2012009 1011/2009 103,400 53,362,291 93,060 15% 15,510 Ketchikan Jackson StAthcrth Avenues Sewer 481081 260 1/112010 7/1/2010 4,806,548 58,168,839 0" NIA Soldotna Sewer Lift StationUpgrade 791171 175 4/22/2009 711/2009 475,000 58,643,839 427 5o0 25% 118350 North Pole Sewer Main and Manhole Rehabilitation 633201 170 10/6/2009 5/1/2010 2,600,000 61,243,839 0 `^ NIA Palmer Water & Wastewater SCADA Control & Surveillance 671171 170 6116/2009 7/1/2009 1.700,000 62,943,839 0 " N/A Palmer Lift Station No, 1 2 and 3 Piping Upgrades 671181 170 6/16/2009 7/112009 2,000,000 64,943,839 ()°' NIA Sitka Brady Street Sewer Rehabilitation 783261 170 5/2712009 2/0/2010 620,000 65,563,839 558,o00 15% 93,000 Sitka Oja Street Sewer Main Replacement 783261 170 5/13/'2009 7/1512009 250,000 65,813,839 225,000 15% 37,500 Palmer Sewer Main Upgrades 671191 155 6/16/2.009 6/2012009 2,000,000 67,813,839 0 " N/A Kenai Wastewater Treatment Plant Upgrades 475041 155 1011/2009 10/12/2009 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% 270,000 Soldotna Robin Street Sewer Installation 791181 145 4/2212009 7/1/2009 198,000 70,297,839 178,200 0% 0 Soldotna Soldotna Avenue Sewer Mainline Installation 791191 145 4/22/2009 711/2009 372,500 70,670,339 335,250 0% 0 Soldotna Centennial Park Road Sewer Improvements 791201 145 4122l2009 7/3/2009 720,000 71,390,339 648,000 15% 108,000 King Cove Downtown Wastewater System Upgrades 487051 145 5/4/2609 8/3/2009 1,483,000 72,873,339 1,334,700 15% 222,450 Homer SIP Bio-Solids Treatment Improvements 409161 145 5/19/2009 6/9/2010 5,245,000 78,118,339 380,000'^ 0% 0 North Pole Industrial Force Main 633211 145 10/6/2009 511/2010 3,000,000 61,118,339 0 " NIA Petersburg Pu imstation 5 Upgrade 685211 145 4/20/2009 9/1/2009 340,000 81,458,339 306,000 25% 85,000 Wrangell Cassiar Street Sewer System Rehabilitation 917101 140 2/17/2009 9/15/2009 462,541 81920880 416,287 15% 69,381 Sand Point Wastewater Improvements 7.57031 135 7/112009 911/2009 874,800 82:795:680 787 320 20% 174,960 Fairbanks North Star Borough Growden Park Sewer Upgrade 339061 125 813/2009 8/31/2009 285,000 83,080.680 256,500 15% 42,750 Matanuska Susitna Borough Sludge Storage Cell Construction 561171 125 9/30/2009 91300)09 850,000 83,93U,680 765,000 25% 212,500 Silks. Sawmill Creek Road Sewer Upgrade, Phase 3 783281 65 5113/2009 1011212009 1,9U0,000 85,830,680 798.950 •' 15% 285,000 ""GREEN TOTAL $8,926,085 • Criteria for loan subsidies may be referenced on page a under Pan 1 of the [UP, and actual subsidy for a project maybe increased upon final deterurination of an eligible "green" work component •' The "maximum" $2,IXi0,000 subsidy cap for projects has been reacted for the community under the ARRA grant, unless the project is for combining two separate tribly systems Into one, the "maximum" is then $A,000,000. Also, any pmjeds wish a "0' amount of than sobsidy due to a remmunity already meef n, their "maximum cap" sohsldy, or excefuum their $2,500000 ($5900,000 (ore combined system p,.]cct) maximum ix ARRA funding total cap (subsidy and financed amounts), Me redly be funded with funds coming from Part 11(non-ARRA funds) of the IUP_ In addition, if a project is funded by Pad it funds only, affected projects will be funded in order of ranking under projects listed in Group 3 ^' An expianatim of a "Green` "act may be referenced on page 9 under Part 1 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,g rtl ALASKA Mi. jNG 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 been GREEN GREEN Cumulative Principle Project- Project Project Title Commitment Construetion Amount Amount Porglveness Eligibility Eligibility System Owner Project Number s­., n�m u- VV ' Cdiena rar loan s.Rlsid es may be layered pn page B umlar Pad) of the IUP_ and ac!ual subsidy ct for a prq_may be inc aced urto Final dfaro; n'at a. ofso el g bfa "green rk ompaneo; ""GREEN TOTAL $6_.162.742 rhe'maximom" $2,n00 0n0 _ bsidy cap orpr led, has baan%ache) fe'the co nnumty under the ARRA gre t. 101,11 the mrK0 is or , bran, Iwo sera'de uiritry sysl¢ ns mo one, the "mexim"'rs then 2400g000 Also, joy fmlrf, pth a50daapint of la5ubs+d/Ivetoa_ nnmy already meetsg molr'ampm rap'siosd, orexce__=d g th.r$2.5p0pM Pflit,�( aambined syf p„;act Pros Pro t ARe,A n _ A total ca y ra e9 a + .Is„ oil only b_ N,,ded Jth finds tt m g `ram Part4 (nonARRp fo ttls of the IUP. addition t a molest is to dad by Part fl q; 4 ,dy, aFerted proleMs will be Bunged m o tar of rank +.g +dar P11KIts lieled m (31, 3. ) An explanation of in •`preen" pmjed may be relere el nr+ page 9 under pet I or tine td. -••, Ibis total renresenlca re'limlmm adL111e City of Bridge Acess Road Water and Sewer Main Extension __ . -- - I-�_, ' ', -- f. ( r . _ ' t ' _ Proposed Project Schedule' i ( '----- - I i._ _.-_t___..� --`--- -- - ,. Task ° ' Aptii i may liune -: July August - Se - - Oct INOV lDec,2009 Se 2Q19 _.- _...,. __ S 12j 19 26 3 10 17i24 7[14 2128 5 12l19.26 21 9 16 23 6i13 20 27 4'11;4&�:25 t 6 15122 1` 8,15'22 I _- 1 Submit Proposal to City Apr 28_"L — - 2 _ _ _! Council Approval t 'Me 6 IJA 1 3 4 Notice to Proceed j - ---- -- _.- Wetlands Delineation ; j 'May 7 - - V j 'M 15 - -i --. _.„._�—_ _ I i J _ -- - 5 Field Survey..__ I ! r. I 6 Prepare permit application Figures Irr 1 .. 1__ r i {_ 7 _._ Submit permit applicaLons, _ �_ _ _ May 29'_ 8 Geotechnical Investigation - I; t r _ i -� _ _ � -I _ 9 10 Agenaes accept permits. Corps PeimR Issued Nationwide i P c I_ _ I t� t `June 15 Clock begins _ 'Jul 15 v 1 — — — — —) _ __ "Jul 11 Flood Plain Permit Issued j ! 7 _ ; 22 12 13 Prepare Des niftemew Drawings j_ ...__._ Submit Constr Drawings to ADEC ' _ I "95°/ submittal to City Aug 31100°/ J - _ __. `Jul 13 I- i i Aug10 _ �_ ' i j _ I j 14 Coastal Zone Determination IssuedAug 7 15 KRC Multi Agency Permit issued _ --- 76 Fish and Game Permit issued I-;- *Aug4 g t 1 17 Prepare Bid Documents --I -- - , 18 19 Advertise for Bids Oen Bids October 15' ( Sol= w 1 ; _ _. I _ L 20 Contractor NTP 21 22 Construction i Construction Inspection _ 1.. I-._ I_� _ ! 23 Construction Complete I Sept 302010 I t i i j j _ +' Suggested Su b _-. gg y: Administration the ci'yuf CITY OF KENAI KENAI SKA RESOLUTION NO. 2009-19 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DEDICATING' MONIES RECEIVED FROM FACILITY USER FEES FOR USE OF THE ALASKA FIRE TRAINING CENTER FOR MAJOR MAINTENANCE OF THE CENTER. WHEREAS, the City of Kenai (City) is the owner of the Alaska Fire Training Center (Center); and, WHEREAS, the City of Kenai has a contract for the management of the Center with Beacon Occupational Health & Safety Services, Inc. (Beacon); and, WHEREAS, under paragraph C.5, of the Facility Management Agreement between the City and Beacon, a facility user fee averaging $10 is charged to users of the facility and paid to the City by Beacon; and, WHEREAS, the Agreement states that the intent of the facility user fee is to offset the major maintenance costs of the Center; and, WHEREAS, the City wishes to set up a mechanism to designate the facility user fees received from Beacon for use on major maintenance of the Center. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, monies received from facility user fees for use of the Alaska Fire Training Center will be dedicated by the City of Kenai for major maintenance costs of the Center. 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: 7 New Text Underlined; (DELETED TEXT BRACKETED) -116- �� Elie ei� o f �� KENAIAAL 5KA To: Rick Koch, City Manager "V l& w tk a Pass ,, GCS/ UUA Gt FGGGLLare "' 11 FINANCE DEPARTMENT 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 1, E From: Terry Eubank, Finance Director Date: May 13, 2009 Re: Resolution 2009-19 The City, as the owner of the Alaska Fire Training Center is responsible for long-term maintenance and care of the facility. In March of 2008 the City entered into a facility management agreement with Beacon Occupational Health and Safety, Inc. (Beacon) to operate the center. Under the agreement, Beacon is to perform routine/minor maintenance at the facility. The City, as owner of the facility, is responsible for all non-routing/major maintenance. Pursuant to Section II C 5 of the agreement, Beacon shall charge a user fee averaging $ I0 per class per user to all users of the facility. The section further clarifies that "The facility user fee is intended to help offset major maintenance for the Center paid by the City." In order to retain the identity of these user fees in future fiscal years, the administration recommends designating that portion of find balance created by the receipt of these funds. A designation is a self-imposed limitation on the use of fund balance and is not binding on future City Councils but it will clearly communicate the purpose for which the funds were collected. User fee receipts received from. Beacon since commencement of the facility management agreement total $11,567 and have all been received in FY2009. dfr! Suggested by: Administration CITY OF KENAI RESOLUTION NO.2G09-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO ALASKA ROADBUILDERS, INC. FOR THE PROJECT ENTITLED KENAI MUNICIPAL AIRPORT REHABILITATE APRON 2009-2010 FOR THE TOTAL AMOUNT OF $2,578,797.65 WHICH INCLUDES THE BASIC BID SCHEDULE 1 AND ADDITIVE ALTERNATES 1, 2, AND 3. WHEREAS, the following bids were received on May 7, 2009; Alaska Roadbuilders OAP En ineer's Est. Basic Bid Schedule 1 $2 098,064.85 $2,790,668.00 $2,018,642.90 Schedule I - AA 115,366.40 162,730.00 118,255.30 Schedule 1 -AA2 115,366A0 166,230.00 118,255.30 Additive Alternate 3 250,000.00 150,000.00 208,000.00 Sub Total $2,578,797.65 $3,269,628.00 $22463,153.50 Basic Bid Schedule 2 4,356 377.70 5,119,573.00 5,259,867.85 TOTAL All Schedules $6,935,175.35 $8,389,201.00 $7,723,021.35 . a Iu, WHEREAS, Alaska Roadbuilders, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, this resolution is contingent upon FAA approval and funding of each project component; and WHEREAS, FAA has programmed grant monies for the Basic Bid Schedule I and Additive Alternates 1, 2, and 3 and Basic Bid Schedule 2; and, WHEREAS, the recommendation from the City Administration is to award a $2,578,797.65 contract to Alaska Roadbuilders, Inc. for Basic Bid Schedule I and Additive Alternates 1, 2, and 3 and to authorize the City Manager to execute a change order of $4,356,377.00 for Basic Bid Schedule 2 subject to obtaining and appropriating grant funding for this phase of the project; and, WHEREAS, two separate Notices to Proceed for construction of Basic Bid Schedule and Additive Alternates 1, 2, and 3 and Basic Bid Schedule 2 will be issued only if grant funds are available. New Text Underlined; [DELETED TEXT BRACKETED] -118- Resolution No. 2009-20 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Kenai Municipal Airport Rehabilitate Apron 2009-2010 be awarded to Alaska Roadbuilders, Inc. for the total amount of $2,578,797.65 which includes Basic Bid Schedule 1 and Additive Alternates 1, 2, and 3, and the City Manager is authorized to execute a change order of $4,356,377.70 for Basic Bid Schedule 2 subject to obtaining and appropriating grant funding for this phase of the project. 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: 7 4 iF�ek6' $64 k'00 , pace nF 4*d_ 039r- 2064 New Text Underlined; )DELETED TEXT BRACKETED) 52�' WINCE — CORTHELL — BRYSON Consulting Engineers Box 1041 Kenai, Alaska 99611 Phone 907-283-4672 Fax 907-283-4676 Email. cmadden@wcbalaska.com May 13, 2009 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Attention: Wayne Ogle, Director of Public Works Mary Bondurant, Airport Manager Subject: Apron Rehabilitation Award On May 7, 2009 two bids were received and opened for the subject Project. Both bids were checked, found without error, and are considered responsive. Following is a tabulation of the bid schedules: SCHEDULE ALASKA ROADBULIDERS QUALITY ASPHALT ENGINEER'S ESTIMATE TOTAL BASIC BID SCHEDULE ONE $ 2,098,064.85 $ 2,790,668.00 $ 2,018,642.90 TOTAL SCHEDULE ONE ADDITIVE ALTERNATE ONE $ 115,366,40 $ 162,730.00 $ 118,255.30 TOTAL SCHEDULE ONE ADDITIVE ALTERNATE Two $ 115,366.40 $ 166.230.00 $ 118 255.30 TOTAL ADDITIVE ALTERNATE THREE $ 250,000.00 $ 150,000.00 $ 208,000.DO TOTAL BASIC BID SCHEDULE TWO $ 4,356 377,70 $ 5,119,573.00' $ 5,259,867.85 TOTAL OF ALL SCHEDULES $ 6,935,175.35 $ 8,389,2D1.00 $ 7,723,021.35 * Bid Modification two In accordance with the Contract documents Wince-Cortheil-Bryson recommends award of the Project to the lowest total, of all schedules submittedbyAlaska Road Builders Inc. in the amount of $ 6,935,175.35. Casey Madden, P.E. Wince-Corthell-Bryson Attachments: Bid Summaries Piift W. Bryson PE Mark E. Blamung PE Alan N. Corthell PE Prank M'. Wince PE (Rea) E. Casey Madden PE am Suggested by: Administration the nYy°f CITY OF KENAI KENAI. AAIASKA RESOLUTION NO. 2009-2I A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO KACHEMAK ELECTRIC FOR LED STREETLIGHT INSTALLATION - 2009 FOR THE TOTAL AMOUNT OF $1,038.00 PER FIXTURE FURNISH AND INSTALL. WHEREAS, the following bids were received on May 12, 2009: BIDDER BASIC BID PER FIXTURE FURNISH & INSTALL Big G Electric $1,190.00 j Kachemak Electric $1 038.00 M WHEREAS, Kachemak Electric's bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Kachemak Electric; and, WHEREAS, the Council of the City of Kenai has determined that Kachemak Electric's bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for LED Streetlight Installation - 2009 be awarded to Kachemak Electric for the total amount of $1,038.00 per fixture furnish and install. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 201h day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: _ 1 PAT PORTER, MAYOR -121- "I/'llaye tvitk a Past C witk a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 , ~' Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 clty a f KENAI, ALASKA MEMORANDUM KEAI TO: Mayor and Council of the City of Kenai FROM: Rick Koch, City Manager DATE: May 13, 2009 SUBJECT: LED Streetlight Installation - 2009 On May 12, 2009, the City received the following two bids for furnishing and installing LED streetlights. The basic bid is a per fixture price. Big G Electric - $1,190.00 Kachemak Electric - $1,038.00 Kachemak Electric is the low bidder but did not include an Addendum Acknowledgement with the bid. Under contract specifications, the City reserves the right "to waive any and all irregularities." This is a minor irregularity in the bidding that did not impact the bid results. It is my opinion that waiver of the minor bid irregularity is in the best interest of the City. Mark Cialek, Kachemak Electric, stated that he was aware of the addendum but forgot to include it, and he has since submitted this form to the City. My recommendation is to award the bid to Kachemak Electric for $1,038,00 per each fixture. A purchase order to Kachemak for the amount of $73,698.00 for 71 fixtures is also in the packet for Council approval. -122- Suggested by: Administration f:1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING AN ALASKA DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES (ADOT/PF) PROJECT TO RENOVATE AND IMPROVE BEAVER LOOP ROAD AND CONSTRUCT A SEPARATED PEDESTRIAN PATHWAY ALONG BEAVER LOOP ROAD. WHEREAS, the State of Alaska, Department of Transportation and. Public Facilities (ADOT/PF) announced its Call for Nominations for roads and trail projects to be considered for federal funds in the 2010-2013 Statewide Transportation Improvement Program (STIP); and, WHEREAS, the City of Kenai nominated its road and trail capital improvement projects for inclusion in the ADOT/PF 2010-2013 STIP; and, WHEREAS, the Beaver Loop Road Improvements and Pedestrian Pathway project has received a high ranking; and, WHEREAS, the project will include the construction of improvements at the intersection of Beaver Loop Road and the Kenai Spur Highway, the construction of improvements at the intersection of Beaver Loop Road and Bridge Access Road, the renovation/construction of a fully paved roadway section including paved four -foot shoulders, the construction of a new separated pedestrian pathway along Beaver Loop Road. from the Kenai Spur Highway to Bridge Access Road, and related improvements; and, WHEREAS, the City of Kenai would assume ownership of the right-of-way and maintenance of the renovated and improved Beaver Loop Road and new separated pedestrian pathway along Beaver Loop Road. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, it supports an Alaska Department of Transportation &, Public Facilities (ADOT/PF) project to renovate and improve Beaver Loop Road and construction of a separated pedestrian pathway along Beaver Loop Road. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR -123- TO: FROM: DATE: City Council Rick Koch May 13, 2009 "Village with a Past; C# with a Fatare" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 111y 1992 SUBJECT: Resolution 2009-22, Support of an ADOT/PF Project to Renovate and Improve Beaver Loop Road and Construct a Separated Pedestrian Pathway This resolution has been requested by Jocelyn Billoon, the ADOT/PF Area Planner for the Kenai. Peninsula. The City of Kenai nominated this project for the 2010-2013 Statewide Transportation Improvement Plan (STIP). Apparently the project has received a high ranking and ADOT/PF wishes to have a specific resolution for this project which includes language that the City will assume ownership of the right-of-way (ROW) and operational maintenance for the roadway and separated pedestrian pathway. There will be costs associated with assuming these responsibilities. I have estimated increased annual costs as follows: I. Striping (if performed annually) S 6,000,00 2, Sanding 2,500.00 3. O/H Street Lighting 1,200.00 4. Sign Replacement/Mamtenance 500.00 5, Culvert Maintenance 1,000.00 6. Equipment Fuel & Maintenance 5,000.00 7. Misc. expendables, rotary broom brushes, etc. 1,000.00 Total $ 17,200.00 These increased maintenance activities s11ould be able to be assumed without increases in personnel. Administration recommends Council approval of this resolution. Rick Koch From: Marilyn Kebschull Sent: Monday, May 11, 2009 4:36 PM To: Rick Koch Subject: Beaver Loop Project loselyn said the Beaver Loop paving project scored very high, They approved it on the basis that the City would assume maintenance and ownership once the project was complete. She said they need a resolution supporting the project and documentation (letter from you and council's support) of the ownership and maintenance ASAP. She is in the area on Wednesday and Thursday and has scheduled an appointment to see me on Thursday at 1 p.m. She said she was just stopping in to visit. She asked if we could call her as soon as we determine if we have the documentation or if we need to obtain it to let her know when it would be available. Marilyn K. Kebschull, AICP Planning Administration City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 907-283-8235 -125- Alaska Department of Transportation and Public Facilities Project Nomination Master Sheet Please tell us about your project and include as much information as you can. Contact the appropriate planner for your area prior to completing this form. Name of Project Baal. Swoopad Improvements p d a r� ar p„&Lthway Contact Person Rick Koch Sponsor city of Kenai Phone, FAX, and e-mail283-8222, 283-3014 fax, rkoch@ci.kenai.ak.us Address 210 Fidalgo Avenue, Kenai, AK 99611 q What is your project? Please describe it. For instance, if it's a road or trail how long and wide will it be? If it's a bridge what will it span? Provide as much detail as possible. This project will resurface the existing Beaver Loop Roadway, add paved four foot shoulders and a separated pedestrian pathway. The length of the project is approximately 2o,000 l.f. and the cost estimate is $ 3,500,`000. ^ Are parts of the project already constructed? Will another agency do some of the work? If so, please explain. Yes, some portions of the existing Beaver Loop Roadway will be incorporated into the proposed project. No other agency will perform work on this project. J Why do you want this project? Is there a safety concern? Does what you have now need replacement, rehabilitation or reconstruction? Please explain. The existing Beaver Loop roadway is nearing the end of its useful life. The asphalt is deteriorating and the roadway surface is uneven. There is a significant amount of pedestrian and bicycle traffic that presently uses the roadway creating an unsafe condition. am q Who will use this project and how will it help them? Are there health, quality of life and/or economic benefits? Please explain. The project will be used by all vehicular, pedestrian and bicycle traffic using the Beaver Loop roadway. V Who will maintain the project after it is built? The City of Kenai would assume maintenance and ownership of the project after it is built. q Who owns the land where the project will be built? Will ADOT&PF have to purchase right-of-way? ADOT/PF owns the land where the project will be built. ADOT/PF will not have to purchase right-of-way � Do you have a resolution of support from a local elected body or traditional council? If so, please attach. Yes, it is attached. q How will you help? Do you have land for right-of-way or in -kind services to donate? Will you contribute money to the project? If known, what is the total dollar or percentage of total project cost to be contributed? We are not aware of a way the City of Kenai can participate in this project. 11 Include photo, a map or graphic please. Attached, Send the completed form to your area planner -127- Suggested by: Administration CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING NOMINATIONS FOR PROJECTS FOR THE 2010-2013 STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIp). WHEREAS, the State of Alaska, Department of Transportation and Public Facilities (ADOT/PF) has announced its Call for Nominations for roads and trail projects to be considered for federal funds in the 2010-2013 STIP; and, WHEREAS, the Kenai City Council each year establishes capital improvement priorities, including proposed state and federally funded road and trail projects; and, WHEREAS, the City of Kenai wants their road and trail capital improvement projects to be nominated and considered for inclusion in the ADOT/PF 2010-2013 STIP; and, WHEREAS, the projects are as follows: I. Kenai Bridge Access Road Pedestrian Pathway 2. Kenai Spur Highway - Upgrade Five Intersections 3. Kenai Spur Highway - Upgrade to Five Lane Configuration between Soldotna and Kenai 4. Beaver Loop Road Improvements and Pedestrian Pathway NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, it approves nominations for the above -listed projects for the 2010-2013 Statewide Transportation Improvement Program (STIP). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of February, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk sm Suggested by: Administration CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2009 AND ENDING JUNE 30, 2010, WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the tenth day of June; and WHEREAS, the Council has adopted the "City of Kenai 2009-2010 Annual Budget," which estimates property tax revenue based upon a tax rate of 4.0 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 2009 and ending June 30, 2010 be fixed at 4.0 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20TK day of May, 2009. PAT PORTER, MAYOR ATTEST: Carol L, Freas, City Clerk Approved by Finance: % New Test Undefained; [DELETED TEXT BRACKETED] -131- KENAI CITY COUNCIL - REGULAR. MEETING MAY 6, 2009 7:00 P.M. KENAI CITY COUNCIL CRAMBERS httu:I1www.ci.kenai.ak us e ►; L Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 'Ali 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 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. 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. -132- 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. ITEM F: MINUTES 1. *Regular Meeting of April 15, 2009. 2. *Budget Work Session of March 30, 2009. 3. *Budget Work Session of April 2, 2009. 4. *Council Work Session of April 28, 2009. ITEM H. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 -133- *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 8 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 8175,000 in the Bridge Access Water and Sewer Extension Capital Project Fund. -134- 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. ITEM 1: COMMISSIONMOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report a Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon Task Force ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 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 (RR 1) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80,010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI 0 budget process.) -135- Ordinance No. 2347-2008 -- Repealing the'E>dsting KMC 1.15,040 and KMC 1.15.050(e) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.1, 5.040 Entitled, Agenda and Packet - Developme,nt-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,) EXEOETTWE SESSION -- Financial Affairs of the City ITEM N• ADJQ ENT -136- KENAI CITY COUNCIL - REGULAR MEETING MAY 6, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://vmrw.cil<enai.al�.us VICE MAYOR RICK ROSS, PRESIDING MINUTES ITEM A: CALL TO ORDER Vice Mayor Ross called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. PLEDGEOF Vice Mayor Ross led those assembled in the Pledge of Allegiance. A-2. MZ+3�i�[s71Fi� The City Clerk took roll. Present were: Pat_P_orter, Ma or (tele honic Hal Smalley Joe Moore Barry Eldridge I Rick Ross, Vice Ma or Robert Molloy tele honic Mike Boyle A quorum was present. Mayor Porter identified her location as Disney Old Key West Resort in Lake Buena Vista, Florida and Council Member Molloy identified his location as the Travel Lodge Juneau in Juneau, Alaska. Also present: Student Representative Maya Johnson Vice Mayor Ross read and presented a proclamation to City Clerk Freas in observance of Municipal Clerks' Week. A-3. AGENDA APPROVAL The following changes were requested: SUBSTITUTE: H-2, Revised List/Purchase Orders Exceeding $15,000 -- Removal of purchase order to ECl/HYER Council Member Smalley MOVED for approval of the agenda with the requested H-2 Substitute and Council Member SECONDED the motion. There were no objections. SO ORDERED. -137- KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 2 A-4. CONSENT AGENDA MOTION; Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Brenda Ahlberg, Executive Director, Boys & Girls Clubs of the Kenai Peninsula -- Kenai Club Benefits/Request for Funding Consideration. Brenda Ahlberg, Executive Director, Boys & Girls Club, 705 Frontage Road, Kenai -- Thanked the council for its support of the Boys & Girls Club of the Kenai Peninsula. Tanya Erwin, 106 Wooded Glen, Kenai -- Spoke in support of City funding of the Club. Mitch Michaud, 44135 Shirley Way, Ridgeway -- Spoke in support of funding the Boys & Girls Club. Arika Jensen, 45820 Fox Circle, Nikiski -- Spoke in support of funding the Boys & Girls Club. Mike Navarre, Boys & Girls Club Board of Directors -- Spoke support of funding the Boys & Girls Club, thanked council for their consideration, and noted fundraising efforts. B-2. Mark Schrag -- Zoning Instability Mark Schrag, 312 Princess Lane, Kenai -- Commented on stability, predictability, and balance with regard to city zoning. B-3. Kathy Johnson -- Limited Commercial Rezoning Kathy Johnson, 5345 Kenai Spur Highway, Kenai -- Commented on her concerns v.th the suggested changes to the Land Use Table, i.e. requiring a Conditional Use Permit, inability for future sale of her property, possible loan insurance problems, etc. Requested her property be "grandfathered" in as it was currently zoned, reconsider the personal services and divide them, and rezone Thompson Park as General. Commercial. -138- KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 3 Vice Mayor Ross requested a verbatim of Johnson's comments be prepared for the public hearing. B-4. D'Anna Gibson, KCHS Nordic Ski Team -- Request/Beach Cleaning No show. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Sue Carter, 1505 Toyon Way, Kenai -- Discussed concerns related to beach safety, noise, racing of vehicles (including motorcycles and four -wheelers), etc. Carter suggested appropriate signage and enforcement. Council Member Boyle reported he intended to request an ordinance be prepared that would set a speed limit on the beach. Keith Kornelis, 1513 Toyon Way, Kenai -- Stated concerns with noise, speed of vehicles, safety, vehicles racing around kids and pedestrians, property damage, fire hazards, etc. Jim White, 1509 Toyon Way, Kenai -- Commented on racing on the beach and noise and requested enforcement of the noise ordinance. Patricia Falkenberg, 399 McCollum Drive, Kenai -- Commented on her concerns of zoning changes of the Kathy Johnson property. Kellie Kelso, 1117 Walker Lane, Kenai -- Stated she received notice from the Planning Department the plat note on the buffer strip along Walker Lane was to be removed. City Attorney Graves explained events taking place and noted, the Borough would no longer allow, a plat note and a deed restriction would now be needed. Administration intended to have the deed restriction put in place upon the completion of the Borough's replat procedures. Anthony Pisa, 39575 Moose Range Drive, Soldotna -- Reported he was the owner of Anthony's Transmission and stated concerns with the proposed change in the Land Use Table which would require him to obtain a conditional use permit to expand his business (many of the same concerns as Johnson). Vice Mayor Ross requested a verbatim be prepared of this discussion for inclusion with the ordinance when it comes to public hearing. Harold Steiner, 381 Senior Court, #209, Kenai -- Stated he was impressed of the quality of input from the public and questioned the process for placing the deed restriction on the buffer strip at Walker Lane. City Manager Koch noted he would be -139- KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 4 waiting until the replat was approved by the Borough and then would have the deed restriction placed. Raquel Pisa, 39575 Moose Range Drive, Soldotna -- Stated concerns the suggested amendments to the Land Use Table would cause with regard to the Anthony's Transmission property and noted, she would prefer the property be zoned General Commercial, ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly Member Smalley reviewed discussions and actions taken at the May 5, 2009 Kenai Peninsula Borough Assembly meeting, including funding of education and the proposed budget received from the Borough Mayor. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 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. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2397-2009 and Council Member Smalley SECONDED the motion. The floor was opened for the public hearing. There being no one wishing to speak, the public hearing was closed. Council and administration comments included: e Support of the construction of a parking lot by the courthouse. • The State will lease the parking lot on a 20-year term. • Bids came in higher than the engineer's estimate. • A fmancial analysis indicated the lease would return over six percent a year and the city would remain the owner of the property. * Administration recommended council approve the ordinance. VOTE: * Student Representative Johnson: Yes M, $0 KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 5 Porter Yes Smalley Yes Moore Yes Eldridge Boyle Yes Yes Ross Yes Mollo Yes _ E-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. MOTION: Council member Eldridge MOVED to adopt Ordinance No. 2398-2009 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. City Manager requested the ordinance be postponed because more needed to be accomplished before re -appropriating the funds, noting the delay would not impact the project. � k _. Council Member Eldridge MOVED to postpone Ordinance No. 2398-2009, no time certain. Council Member Smalley SECONDED the motion. * Student Representative Johnson: Yes Porter Yes Smalley Yes Moore Yes Eldredge I Yes I Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,221.96 in the General Fund for Library Travel and Transportation. -141- KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 6 E-3a. Substitute Ordinance No. 2399-2009 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for Library Travel and Transportation. Council member Eldridge MOVED the Substitute Ordinance No. 2399-2009 for adoption and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. 00743A * Student Representative Johnson: Yes orter Eldridge [Boyle Yes Smalley Yes Ross Yes Moore Yesy �_ Yes _ YeS Yes I MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2400-2009 -- Increasing Estimated Revenues and Appropriations by $5,173 in the General Fund for State Traffic Grant Overtime Expenditures. Council Member Smalley MOVED to adopt Ordinance No. 2400-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: * Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. -142- KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 7 E-S. 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). Council Member Smalley MOVED for adoption of Ordinance No. 2401-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: * Student Representative Johnson: Yes i Porter Yes Smallev Yes Moore Yes Eldrid e _ Yes Ross Yes Mollov Yes Boyle MOTION PASSED UNANIMOUSLY. E-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. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2402-2009 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council and administration comments included: a The ordinance would provide funding to build a hybrid maintenance building (two connexes with a joining roof and concrete slab between them) at the soccer park. • The city would process the necessary permits to allow placement of the connexes at the park. + The connexes would not be painted at this time. -143- KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 8 • Though no sight barrier was in place, they would be placed approximately 600 feet from the roadway. • Another building had been proposed, however no grant funding had been received to build it. • The soccer park was needing a secure storage area and this type of building plan would provide it at not a large cost. VOTE: Student Representative Johnson: Yes Porter Yes Smalley Yes Moore Yes u� Eldridge Yes Ross Yes monov Yes Boyle Yes — MOTION PASSED UNANIMOUSLY. E-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. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009-15 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. 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. MOTION: Council Member Eldridge MOVED to approve Resolution No. 2009-16 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. Im KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 9 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. There were no objections. SO ORDERED. E-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. Council Member Smalley MOVED for adoption of Resolution No. 2009-17 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. C There were no objections. SO ORDERED. E-10. Resolution No. 2009-18- Authorizing a Budget Transfer Within the General Fund, Police Department to Cover Costs for Equipping a New Police Cruiser. Council Member Eldridge MOVED for approval of Resolution No. 2009-18 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES E-1. *Regular Meeting of April 15, 2009 -- Approved by consent agenda. am KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 10 F-2. *Budget Work Session of March 30, 2009 -- Approved by consent agenda. F-3. *Budget Work Session of April 2, 2009 -- Approved by consent agenda. F-4. *Council Work Session of April 28, 2009 -- Approved by consent agenda. ITEM G- UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Ratification of Bills Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. ffa There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 Council Member Eldridge MOVED to approve the revised purchase orders exceeding $15,000 distributed at the beginning of the meeting and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. Council Member Moore requested to abstain from voting due to a conflict of interest. Vice Mayor Ross approved the request to abstain. There were no objections. SO ORDERED. H-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 "* KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 11 Clarify that Tattoo Parlors are Personal Services; and; S) Require Tattoo Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH). Introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. H-6. *Ordinance No. 2406-2009 -- hncreasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. Introduced by approval of consent agenda. R-7. *Ordinance No. 2407-2009 -- Increasing Estimated Revenues and. Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts. Introduced by approval of consent agenda. *Ordinance No.. 2408-2009 -- Increasing Estimated Revenues and Appropriations in the Water & Sewer Fund for Costs in Excess of Budgeted Amounts. Introduced by approval of consent agenda. H-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). Introduced by approval of consent agenda. -147- KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 12 H-10. *Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. H-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. y, L Council Member Molloy MOVED for approval of the lease of airport lands to the Court System. Council Member Smalley SECONDED the motion and requested UNANIMOUS CONSENT. It was noted, the lease would be for twenty years, had the typical five-year reappraisal of value, and cancellation would require mutual consent of both parties. VOTE: There were no objections. SO ORDERED. H-13. Discussion -- Schedule Executive Sessions for Annual Evaluations of the City Clerk, City Attorney and City Manager. Executive sessions were scheduled as follows: June 3 -- Evaluation of City Clerk and City Attorney June 17 -- Evaluation of City Manager H-14. Discussion -- Schedule Board of Appeals Hearing/Kenai Landing. Council Member Moore requested he not be involved with the discussion as it could be thought as improper. City Attorney Graves explained, the appeal could affect a building Moore's family would be leasing during the summer and he advised him to recuse himself from the discussion. Graves stated his recommendation to Vice Mayor Ross was for Ross to approve Moore's request. Ross granted the request. KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 13 The appeal hearing was scheduled for June 3, 2009 at 5:00 p.m. I -I. Council on Aging -- Vice Mayor Ross reported the May meeting had been cancelled, He also noted an application for appointment included in the packet. The appointment would be held until the next council meeting. I-2. Airport Commission -- Council Member Eldridge noted the next meeting would be held on May 14, 2009. I-3. harbor Commission -- Council Member Smalley reported the next meeting would be held on May 11, 2009. I-4. Library Commission -- Council Member Boyle reported on the meeting held May 5, 2009 and reviewed discussions held, noting a question arose related to a member of the Library Commission being a member of the Friends of the Library Board. Graves stated he would research the city's ethics ordinance and prepare a written response. Boyle also noted it had been reported reaching the $400,000 match was questionable. I-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held on July 7, 2009. I-6. Planning & Zoning Commission -- Council Member Molloy reported on the April 22, 2009 meeting, noting the minutes of the meeting were included in the packet. The next meeting was scheduled for May 13, 2009. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter reported the meeting summary of the special April 14, 2009 meeting was included in the packet. I-7b. Alaska Municipal League Report -- No meeting. I-7e. Mini -Grant Steering Committee -- Mayor Porter noted the summary of the April 15, 2009 meeting was included in the packet. I-7d. Advisory Cemetery Committee -- Mayor Porter reviewed discussions held at the April 16, 2009 meeting, noted the summary was included in the packet, and the next meeting would be held on May 21, 2009. I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley reported on the meeting held April 27, 2009, including concern of Modine heaters KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 14 needing to be addressed, introduction of an ordinance to provide adjustments to the KCVB budget (due to loss of income during the floor replacement closure), and the placement of a convex behind the building for temporary storage. Discussion followed related to the placement of the connex with comments including: • Concern it was unacceptable for the connex to be placed on the property. • Question of whether the city gave permission for the placement. • Statement the city did not give permission. • Because there is nothing in the Iease to allow that type of activity, belief it should be removed. Natasha Pia, Executive Director, Kenai Convention & Visitors Bureau -- Reported already had an offsite storage facility, but it was inadequate for the temporary storage needed during the art show; they hoped to have a permanent shed built on the property; they received a permit after the connex had been moved onto the property; and, had not known a permit was required. Discussion continued, with comments including; • KCVB Board and director would work with the city administration to remedy the problem in a timely manner. • Administration was directed to submit a full report if the connext was not removed by the May 20 council meeting. Council Member Boyle reported the Kenai Central High School Work Force Development group wanted to do another joint project with the city and build a shed for storage on the property. Boyle reported the shed would be built to mirror the roof lines of the Visitors Center; the shed could be framed at no cost to the city; from the joists down would be city costs; estimated cost for materials was $5,000; ground work would need to be completed by May 28; and, the shed would be placed without detracting from what was already in place. Consensus of council was to include the matter on the May 20, 2009 council meeting for discussion, along with schematics and cost figures. I-7E Salmon Task Force -- Council Member Moore reported the next meeting was scheduled for May 7 and a presentation at the council work session of May 18, 2009 beginning at 6:00 p.m. The following items were reported: • A proclamation to the American Legion Auxiliary was presented to commemorate poppy Day. • The grand opening of Lowe's would be held May 7 to 11. sm KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 15 • Property owners in the Spruce Street area met with business owners to discuss improvements in that area of town. • Attended the Caring for the Kenai banquet. • Ross and City Manager Koch met with representatives of the Kenaitze Tribe, Kenai Natives Association, and Salamatof Natives Association to discuss property development, etc. • Mayors Porter and Micciche met with representatives of the Soldoma High School and Kenai Central High School to discuss a combined float project for use at the Fourth of July and Progress Days parades. Council stated no objections to donating $500 for the project. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following items: • Discussed project eligibility for an extension of water/ sewer utilities from Spur Highway to Beaver Loop. Because of the process of receiving the funds, the bone counsel was consulted. • Referred to the quarterly financial report included in the packet, • Reminded council of the May 20, 2009 work session to discuss the fuel flowage fee and KRSMA Boundary. • Requested adding FYIO budget items to the May 20 work session if time allows. There were no objections stated by council. X-2. Attorney -- Attorney Graves reported new software would be needed to attach Permanent Fund Dividends due to a change to a new format. He would be preparing a memorandum requesting $4,000 for purchasing the software, K-8. City Clerk -- Clerk Freas noted the following items: • Reminded council of May 18, 2009 and May 20, 2009 council work sessions. • Reported she had been informed by the Division of Elections a change would be made to the location of the Kenai No. 2 voting site from the Old Court House to The Challenger Center. • Thanked Council for the proclamation and flowers for her and the Deputy Clerk, ITEM L: DISCUSSION L-1. Citizens (rave minutes) -- None. L-2. Council Johnson -- Reported on activities at the high school, Le, graduation, Caring for the Kenai banquet, and the last day of school (May 20, 2009). -151- KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 16 Smalley -- Reported the following: • The Borough received an additional $3 million for removal of Spruce Bark Beetle infested trees. • Thanked Clerk Freas and Deputy Clerk Hall for all they do for the council and city. Moore -- Reported the following: • Stated he believed the use of ATVs, etc. should be addressed for the whole city. • Thanked Freas and Hall for their dedication to the city. Eldridge -- Thanked Freas and Hall. Boyle -- Reported the following: • Thanked Freas and Hall. + Stated he probably would be absent from the May 20, 2009 meeting. Malloy -- Reported the following: • Boyle would be absent from the meeting because he would be attending a national track and field competition to watch his son who would be representing the University of Alaska Anchorage. + Thanked the Clerk for making the teleconference arrangements. Porter -- Thanked Freas for her dedication to the city ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RRi) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month, (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI budget process.) 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, -152- KENAI CITY COUNCIL MEETING MAY 61 2009 PAGE 17 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 Atfachment B, to the May 20, 2009 council meeting. The motion to enact is active.) EXECUTIVE SESSION -- Financial Affairs of the City {i'i�Yri Council Member Smalley MOVED to convene in an executive session of the Council of the City of Kenai, concerning a matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and requested the City Manager, City Attorney and Library Director to attend as well. Council Member Eldridge SECONDED the motion. m Porter I Yes Smalley;Yes Moore Yes Eldridge Yes Ross — Yes Mollo Yes —� Boyle Yes Council Member Moore left the meeting at 10:50 p.m. -153- KENAI CITY COUNCIL MEETING MAY 6, 2009 PAGE 18 Council Member Smalley reported that during the executive session, council gave direction to the city Manager with regarding to financial issues of the city. Council Member Eldridge MOVED to adjourn and Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting adjourned at approximately 11:02 p.m. Minutes submitted by: Carol L. Press, 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. -154- ORDERS OVE - o COUNCIL MEETING OF: MAY 20, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT FURNISH & INSTALL 71 LED KACHEMAK ELECTRIC STREETLIGHTS STREET LIGHTING REPAIR & MAINT. 73,698.00 BRIDGE ACCESS RD WIS ENGINEERING, DESIGN & NEPA BRIDGE ACCESS RD CAP. NELSON&ASSOCIATES PERMITTING PROJECT ENGINEERING 156,974.00 ' INCREASE OF EXISTING PURCHASE ORDER �YENDOR DESCRIPTION P.O. # —DEFT. REASON AMOUNT TOTAL PO AMT e WINCE, CORTHELL, BRYSON AMENDMENT NO, 1 88753 — AIP IMPROVEMENTS ENGINEERNG, INSPECTION SERVICES 257,880A0 455,190.00 VISITOR CTR HEATING SYSTEM 89293 — VIS CTR HEATING CONE ROOM BLAZY CONSTRUCTION REPLACEMENT SYSTEM REPLACEMENT COUNTERTOPS, ETC, 3,200.00 535,003.28 NORTHERN TECHNOLOGY FY COMPUTER SERVICES 88172 - NON —DEPARTMENTAL TO COVER FY 28,000.00 66,190.78 Suggested by: Councilor Boyle CITY OF EMNAI << BENALASKA ORDINANCE NO. 2412-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.40.040 TO PROVIDE FOR A SPEED LIMIT OF TEN (10) MILES PER HOUR WHILE DRIVING MOTORIZED VEHICLES ON A PORTION OF THE NORTH SHORE PUBLIC BEACH WITHIN THE CITY OF KENAI. WHEREAS, the City of Kenai is the owner is significant areas of public beach within its city limits, including the North Shore public beach; and, WHEREAS, use of the North Shore public beach area is increasing and is a mixed use area; including walking, picnicking, horseback riding, dip netting, and motorized vehicle use; and, WHEREAS, use of motorized vehicles travelling in excess of ten (10) miles per hour on the North Shore public beach can conflict with mixed use of the beach; and, WHEREAS, use of motorized vehicles travelling in excess of ten (10) miles per hour can endanger other public beach users; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to enact a speed limit of ten (10) miles per hour for motorized vehicles on the most used portion of the North Shore public beach within the city, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 13.40.040 is hereby amended as shown on Attachment "A" - Appendix IV and as follows: 13.40.040 Speed Limits The speed limit shall be ten (10) mph while riding in a right-of-way of a residential or business area, public beaches as shown on Appendix IV of this chapter, a parking lot, as authorized in 13.40.020(c), or in close proximity of another person(s). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of June, 2009. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: May 20, 2009 Adopted: June 3, 2009 Effective: July 3, 2009 New Text Underlined; (DELETED TEXT BRACKETED1 -156- Appendix IV Ordinance No. 2412-2009 -157- Attachment 'All Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $350,000 IN THE AIRPORT LAND SALES PERMANENT FUND AND BOTH INCREASING AND DECREASING ESTIMATED REVENUES IN THE AIRPORT FUND FOR FUNDS RECEIVED FROM THE AIRPORT LAND SALES PERMANENT FUND. WHEREAS, prior to Ordinance 2326-2008 all investment earnings of the Airport Land Sales Permanent Fund were budgeted and reported as investment earnings in the Airport Fund; and, WHEREAS, Ordinance No, 2326-2008, KMC 7.30.020, changed the investment methodology for the Airport Land Sales Permanent Fund; and, WHEREAS, Ordinance No. 2326-2008, KMC 7.30.020, requires all investment earnings to be reported in the Airport Land Sales Permanent Fund and then allows for a percent of market value of the fund to be transferred annually to the Airport Fund for operations; and, WHEREAS, the allowable transfer amount for the policy's first is restricted to 5% of the funds value at the time of 2326-2008's passage ($17,221,464) or the funds actual earnings through May 31, 2009 which ever is less; and, WHEREAS, the actual funds earnings of $350,000 is less than $861,073, 5% of the funds balance at the passage of Ordinance 2326-2008; and, WHEREAS, earnings on the Airport Land Sales Permanent Fund previously budgeted as investment earnings in the Airport Fund are no longer proper and should be shown as a transfer from the Airport Land Sales Permanent Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Land Sales Permanent Fund Increase Estimated Revenues: Investment Earnings $350,000 Increase Appropriations Transfer to Airport Fund $350,000 Airport Fund Increase Estimated Revenues: Transfer From Airport Land Sales Permanent Fund $350,000 Decrease Estimated Revenues: Investment Earnings 8350 000 New Text Underlined; [DELETED TEXT BRACKETED] -158- Ordinance No. 2413-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of June, 2009. ATTEST: Carol L. Freas, City Clerk�( B Approved by Finance: V —" V PAT PORTER, MAYOR Introduced: May 20, 2009 Adopted: June 3, 2009 Effective: June 3. 2009 New Text Underlined; [DELETED TEXT a theac�af KEtiA To: Rick Koch, City Manager "Villa e wild a Past, C# with a Fig ture®, FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 From: Terry Eubank, Finance Director Date: May 12, 2009 Re: Ordinance 2413-2009 During FY2009 Ordinance 2326-2009 modified the investment parameters (KMC 7.30.020) for the Airport Permanent Fund with the expectation of generating higher returns on a long-term basis and to provide more consistent cash flows to the Airport. Along with the investment parameters changing so did the method for determining the funds available to support airport operations. In the past 100% of investment earnings for the Airport Fund and the Airport Land Sales Permanent Funds were reported as investment earnings in the Airport Fund and available for operations. Ordinance 2326-2008 established a percent of market value method for determining the amount of Airport Land Sales Permanent Funds balance to be made available annually to fund airport operations. The policy allows 5% of the Airport Land Sales Permanent Fund balance to be made available for Airport operations regardless of investment performance. To protect the funds initial investment from unexpected investment losses the 5% annual maximum was further restricted to actual eamings or 5% of the funds initial balance at the time of 2326-2008's passage whichever is less. Based upon investment earnings through the first quarter 2009 it did not appear any earnings would be available for transfer. With market recovery in April and May it now appears that as much as $350,000 is available for transfer. Ordinance 2413-2009 will allow transfer from the Airport Land Sales Permanent Fund to the Airport Fund for operations for the $350,000 of expected earnings and aligns the Airport Fund revenue budget with the new investment policy by reducing investment earnings and increasing transfer from Airport Land Sales Permanent Fund. Suggested by: Administration � AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LAND USE TABLE IN KMC 14.22.010 FOR THE LIMITED COMMERCIAL ZONE (LC) BY LISTING WHICH PERSONAL SERVICES REQUIRE CONDITIONAL USE PERMITS (C) AND WHICH ARE PRINCIPAL PERMITTED USES (P). WHEREAS, the City of Kenai Zoning Code has a Land Use Table in KMC 14,22.010; and, WHEREAS, the Land Use Table contains a category for "Personal Services"; and, WHEREAS, the term "Personal Services" includes a variety of activity such as barbers, fitness centers, massage therapists, tanning salons; and, WHEREAS, in the LC Zone some personal services should be allowed as a principal permitted use (P) while others should be allowed as a conditional use (C); and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to amend the Land Use Table in KMC 14.22.010 to define better define personal services and provide which of them are allowed as a conditional use (C) and which are allowed as a principal permitted use (P), NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 14,22,010 is hereby amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of June, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 20, 2009 Adopted: June 3, 2009 Effective: July, 3, 2009 AMY Text Underlined; [DELETED TEXT BRACKETED) -161- Ordinance No. 2414-2009 Attachment "A" 14.22.010 Land use table. LAND USE TABLE KEY: P=Principal Permitted Use C=Conditional Use S = Secondary Use N = Not Permitted Page I of 4 NOITs: Reference footnotes on Hollowing page for additional restrictions ZONING DISTRICTS RESIDENTIAL — LAND USE CI RR RRi RS RSI RS2 RII I CC CC IL IIIED R 'CSH LC iCM li One Family Dwelling C'" p I P P P P P P" S' S' S' C" Two/Three Family Dwelling C'" P P P P P P P" S' C C C-' P P P Pour Family Dwelling C's P C' P N N P P" S' C C C2r N P C 6'/C111 Five/Six Family Dwelling C'" C' N P N N P P" 6' C C N N P C .S'JC2' Sevenor More Family Dwelling C;'s ( C' N Ct N N P P" S' C C N N j P C S'/C'''i Townhouses' Ce C C C C C C C C C C1 Cu I C C C C Mobile Home Parks° N C C C C C C C S C C C N C A N N C Planned Chit Residential Development' C's C C C C C C C C C! C N C C C C I COMMERCIAL LAND USES C i RR RRI RS RSl RS2 RU CC CG IL III lED R TSII LC CMU Automotive Sales N C C N( N N C F P p P N �� N N P Automotive Service Stations N C C j N N N C 'P f P P P N C N N P Banks N 1 C C C N 'N C P P P� C I C P Business/Consumer ,Services N 1 C C C N N C P P 1 P C N j C C I C i P l guide Service N I C C C N N C P P P P N I' j P C P Motels/Motels N C C C N N C P P P C N C P C P l,odgo N C C I C N N C 1 P P j P t; N P P C P Professional Ofrces N C t C C N N P P P P p N C P P P I2eaiguranes N C C j C N N C P P P C N C C C P Retail Business N" C C C N N C P P P P S" Wholesale Business N C C C N N C C P p P N Su C C N Theaters/Cammercial 1 .Recreation _ N C I C C N N C P { P C C I N P C C P WON Ordinance No. 241.4-2009 Attachment "A" LAND USE TABLE KEY: P =Principal Permitted Use C = Conditional Use S = Secondary Use N `-Not Peranined 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 �ILHI ED R 9SII LC CMLI Airports and Related Uses P10 C C C N N C P P I' P N C N N i C Autornotive Repair N C l C C N N C P P N P N N N C P Gas Manufacturer/Storage N N C C N N N N N N N N N N Manofacturing/Fabricating/ Assembly N C C I C N N C( C P A P I N C C N C Mini -Storage Facility N C C C N N C C P P P N N N l Storage Yard Warehouses N N C C C C C N N C N P P P N C N N N PUBLIC! I_NSTIT'UiTIONAL AND USES C RR RRI RS RS[ Li62 �C RU CC cG j IL �.-IH 'L'SII jLC CM[1i Chuifabie 6nstitutions C C C C C A P P P A P! C P C p .Clturclnes° C Pra Pre Pm —C i Pru 7 eta Pra pm pru .._ C C p, 11D ! P P P f Ciinics C C C C! C C P P P C C C C P P. g C C C C C C C V P C C P C C C P Elementary Setnoois° C C C C C C C P C p Governmental Buildings 'High C C C C C C P C P C P' —p-I Schools' C C C C C C C P P C C P i C C C P Hospitals. C C C C C C C P I, P C C C C C P Librvies* C C C C C C C'r --k 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 and Recreation P C C C C C C A P P- P P P� P C F i Assisted Living C C C C C C t C C C C C C C G C C MISCELLANEOUS. r LAND USES C RR RRI RS RS1 I RS2 RU CC CG IL A[ ED R 'TSA LC CMU Animal Boarding" C C C C C �N N C C C C iN C N C, C Bed and Breakfasts C C C Cabin Rentals C C C C N N N P- . Cemeteries C C C, C N N N N C C C N C C N N Crematories/Funeral Homan N C I N j C N N C C C C C 'N C C I C C Day Care Centersr' C j C I C C i C C r C P{ P P C C l C C P P j Dotmitories/Boarding Houses C C C C C C _. N Pr' S C P A'' C C C p Essential Services P P P P P P P P P 1, I{-1' P —P —p P P F�ming/General j A ricuhure-*" P P NN N N N N N N! P N P N 1 N N Greenhouses/Tree �Nnrseries" C C 1 C C C C C P P p C N C C C P -163- Ordinance No. 2414-2009 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 footnows on following pages for additional restrictions ZONING DISTRICTS 1 MISCELLANEOUS LAND USES C RR RR1 RS R61 RS2 RU CC CCv II. IH ED R TSfI LC CNIiI Ounsntithing, Printing, N C C C C C C I P P P P N C P P P ,Taxidermy , Assemblies" (Large; C C C C C C C P" P1° P" P P" C P N P" Circuses, Pairs, Pie.) 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 i Nursing,. Convalescent or N' C I C C C C C P P C C C C C C P Rest Homes Parking, Off -Street P P P P P 1 P P P .p I' P P P P P 4cp Parking Public Lotse CC C C C C C C C C C C C C C Personal Services=` C C C C C i C C P P P P I C C Prs [C211 I P P/C, Radio/TV Tmasminers/Cell P P C C C i C C P P P P P C C C P Sites'* Recreational Vehicle Parks C C C C N N C C I C C C N C i C f N C Subsurface Extraction of C C C C C C C C C C C N C N N N Nratmal Resources''` j Surface Extraction of C C C C N N i C N C C C; N C N I N N (Natural Resources" i * See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of2000) °* See 42 Telecommunications Act of 1996, Sec. 704(a) See, however, the limitations imposed under KNIC 3.10o70 'i Footnotes li 'I. Allowed as a secondary use except on the ground floor of the part of the building $outing on collector streets and major highways. j Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses) in the landscaping and site plans. ' 2. One (1) single-family residence per parcel, which N part of the main building. i 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS cone; ' 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 principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; C. The. proposeddwellinggroup will .constitutes 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; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational mid community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to some 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 will not be adversely affected. 4. See "Townhouses" section, 5. See "Mobile Homes" section. Ordinance No. 2414-2009 Attachinent "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 minimum Federal Housing Authority requirements, 7. See `Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposedlocation and the characteristics of the site will not destroy the residential character of the neighborhood. I9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer thmt thirty (30) feet to any adjoining street or property lire. ll. Allowed as a conditional use. provided that no part of my building is located nearer than thirty (30) feet W any adjoining street or property line and provided further 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 slid entrances and mff sixect 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 specitp the conditions necessary W fulfill this requirement. 74. Allowed as aconditional use, provided that no indication of said use is evident from the exterior of the mortuary. ' 15. Allowed, provided that the following conditions are met a An uncleared buffer strip of at least thirty (30) fact shall be provided betweeai said use and any adjoining properly 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 streets. 16, See "Conditional Uses" section. S 7. 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 2144-2606. .20. Tire 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 mess, ramps, taxiways or parking aprons, FAAI authorized uses are allowed. 21. Developments for use shall be the sane as those listed in the "Development Requirements Table" for the•RUrfSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in fhe ED zone. For example, housing for teachers or students for aI school in the zone. j23. 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. 124, 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, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons mid massage therapists. 26_ Food services are allowed on a. temporary or seasonal basis of not more than four (4) months per year. 27. Limiffed Cum mnrn:�P v,...e Personal Services Att Studios Permitted P _X 'Conditional Use(C� Barbers X Beauticians X Dressmakers X Dr, Cleaners X Self -Service Laundries X JI X i Fitness Centers 1 MassaureThera ist Photo ra hie Studjos X X Tailors Tanning Salons Tattoo Parlors X X -165- "Vitlaye with a past C# with a Fture" 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 kxftd Telephone: 907-283-7535 / FAX: 907-283-3014 1 11 11'i 1992 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning AdministrationO DATE: May 13, 2009 SUBJECT: Reconsideration of Personal Services — Limited Commercial Zone Administration has prepared an ordinance for the Planning & Zoning Commission to reconsider their recommendation requiring Conditional Use Permits for all Personal Services in the Limitec Commercial Zone. This recommendation is being made after considering public testimony during the Commission and Council meetings, further consideration of the type of business and possible impacts including traffic, hours of operation, types of consumers, etc. The ordinance proposes that some professional services be permitted uses and some require conditional use permits. The following table shows the suggested changes: Limited Commercial Zone Personal Services Permitted Conditional User. Art Studios x Barbers x Beauticians X _ Dressmakers X Dry Cleaners x Self -Service Laundries x Fitness Centers x Massage Therapist x Photographic Studios x Tailors X Tanning Salons x Tattoo Parlors x A public hearing is scheduled before the Planning & Zoning Commission for May 27th so that Council will have the Commission's recommendation prior to the Council's public hearing on June P. "wile e twit a Past, Gc`tey witk a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 h.zcd Telephone: 907-283-7535 / FAX: 907-283-3014 1992 tl�e aly a f KENU ACASKA TO: City Council FROM: Rick Koch !B.,Storage Building The purpose of this correspondence is to provide information and to answer several questions that were raised by the Council at the meeting of May 6, 2009. Attached is the following information: I . Cost Estimate prepared by administration based on materials list provided by Councilor Boyle. 2. Partial materials quotation from Spenard Builders provided by Councilor Bovle. 3. AppIication for Building/Water & Sewer Permit provided by Councilor Boyle. 4. List of Small Projects 2009 provided by administration. The administration's cost estimate includes the items we believe will need to be purchased/performed by the City. The estimates for dirt work & concrete work are predicated on hiring a contractor(s) to perform the work. Administration has also included cost estimate information for additional/altemative work if the decision is made to purchase trusses, pour an on -grade slab, or include a limited electrical service. No estimate to provide heat in the building was accomplished. In response to the question, what impact will be felt on other projects if this project is funded from existing revenues, please find item number four above. Presently there remains approximately $ 40,000 in accounts) for buildings repairs. We are using approximately $ 25,000 of that funding to replace existing light fixtures and switches in city hall with energy efficient lighting fixtures and motion detector switches. The remaining $ 15,000 would be used to address as many items as possible on the list contained in item four, above. These items would not be accomplished this year if the funding was used for the storage building. It remains unclear to me the proposed utility of the storage building. The executive director of the KCVB in a letter to me letter dated May 11, 2009 (Council was cr,'d) states in part, "The Kenai Convention & Visitors Bureau is in great need of storage space for the City's vast collection of non -sensitive exhibit items and display units." I will contact the executive director to determine what comprises the vast collection of non - sensitive exhibit items, and to determine the need to retain/store display cases in case the Council has questions. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Cost Item Description Roofing, Shingles 30## Roofing Felt Construction Paper, Tyvek Weather Guard Hurricane Clips Siding, Lap, 4-Sides Skirting All -Weather Wood, 4"x12" x 12' Foundation H-Brackets Son@ Tubes 12" (12) Concrete Clearing & Grubbing Unclassified Excavation Classified Fill & Backfill Man Door -Double Trim Paint ADDITIONAL FOR PRE -FABRICATED TRUSSES Roof Trusses 6:12, (If Needed) ADDITIONAL FOR SLAB ON -GRADE Concrete (Slab On -Grade) Reinforcing Steel (Slab On -Grade) J-Bolts (Slab On -Grade) Foundation H-Brackets (Slab On -Grade) Sona Tubes 12" (12)(Slab On -Grade) Skirting Concrete (Slab On -Grade) Additional For Electrical Service Exterior Light Interior Lights/Outlet Underground Trench/Conduit/Wiring Unit Unit Quantity Cost Sub -Total SF 560 $ 0.75 $ 420.00 SF 500 $ 0.20 $ 100.00 SF 720 $ 0.10 $ 72.00 SF 100 $ 1.00 $ 100.00 EA 7S $ 0.50 $ 37.50 MBF 1 $ 1,800,00 $ 1,800.00 SF 160 $ 2.00 $ 320.00 EA 6 $ 64.00 $ 384.00 EA 12 $ 35.00 $ 420.00 LF 72 $ 2.00 $ 144.00 CY 3 $ 200.00 $ 600.00 LS 1 $ 1,000.00 $ 1,000.00 CY 60 $ 25.00 $ 1,500.00 Ton 110 $ 12.00 $ 1,320.00 EA 1 $ 550.00 $ 550.00 LS 1 $ 150.00 $ 150.00 LS 1 $ 350.00 $ 350.00 Sub -Total $ 9,267.50 EA 13 $ 200.00 $ 2,600.00 Total $ 2,600.00 CY 8 $ 300.00 $ 2,400.00 LS 1 $ 350.00 $ 350.00 EA 28 $ 2,50 $ 70.00 EA -12 $ 35.00 $ (420.00) LF -72 $ 2,00 $ (144.00) SF -160 $ 2,00 $ (320,00) CY -3 $ 200.00 $ 1600.00) Total $ 1,336.00 EA 1 $ 125.00 $ 125.00 LS 1 $ 500.00 $ 500.00 LS 1 $ 350.00 $ 350.00 Total $ 975.00 m 1, 491 �'��G�`� Gil? t�fCL_•Z �, n sm U-APU110FU UU11=5 bUOPIV DELIVERY[LOADING COPY DIM, 'O"'q ACCOUNT -iljin-,`QmI?ml s 1,11'WE V� Will" 0 L HD "Ali D. NUMBER 1 ,57 i i.71 DATE -4 PAGE SELLINGSHIPPING�SALES---- STORE .1 STORE PERSon I laj, I"In OUR ORDER NO. I 13 CUSTOMER P.O. rnTaCrrm MDcam I w,"PED U/M ITEM DESCRIPTION— —T4T— —1�E10E-1— Nl j r py R, 410 rED WVE.I. 1. 33AMBF I �ITEI, IT g ,01 G �,jq i L-L - — - -0 R! I� M.1 --5 116 4, 1 i tKNIM Gr, -vIRF m- UR f 11133 1411 `�ll � 615 11.04'q OV i 6 jj' --, J� 1 "Y6 lll� —,n— G1 2 I YET 120 3 6 1 F 19-0) V.1 f-- It' KD F-p "At 5" i 7 11 -11powlt 4 OR 61 1.. OR R PDJ Al IWITI-4ill! SIT 11, ..;IT oW T•fHf IXG -21- 1 LP22 GFl F'ONT WEIGHT NET SALE TAXABLE SALE . ................ SALE TAXX TA)A�TOTA� CUSTOMER of"En SIC14ATURE mi 11 1 r. bounarn unimers 3upply pRopund - DELIVER YlLOADING CQPY 1111111111 Jill I'!IIIl Jill 111111111111111111111111111 NUMBER m ERT "artf-01V., DATE PAGE ACCOUNT 8 0 L P T 0. STORE 1ftl STORE :I IJOI 'PERSON :I, ;—' 3 C! 1 A CUSTOMER P.O. 0 E ffjq—�. rp I TERMS Ulm DESCRIPTION -----u­Wi F— ----E-X-TF-N-DFU— I Y', PEA i5i6641301 Ir ("A' f00 GAI.- 14E! T HE FIj LH c'� T',' K3. 10' 6. 9 9 f, 1 EA 78. 1�-'6 781 MJT 1"':'d ft.ji WEIGHT -NET SALE SALE 71MAIIL� $ TAX T �%L— 'T" !ET 00 , SIGNATURE X I APPLICATION FOR BUILDING/WATER & SEWER PERMIT CITY OF KE NAY 1. Describe work to be done: IL z�v 2. Indicate use oroccuponcy: 3. Squire footage of new bmdding or addition: L15 4. Water &Sewer Permit: Requimd�.1)446jjn 200'e�fpubliesystewT If Permit is required, provide number of: Toilets: — Sinks:— Lavatories: Showers/Tubs:_ Clothes Was er: Lcga9 Descriptions� Street Address: S. Submit plans, dLigrams, orspeeffications when submitting appfication. 6. State the valuation of work to be done- Sz— zc"Inc,�ro" Peg-mittee or Owner (print) z Date Mailing Address kture of appfi4 Add-rss V t, agent Phone Phone PLEASE SUBMIT TMS,APPLICATIO.N NIA71TH PLANS Uomf"nermal Updated 210,09 Page 10 -173- Building Permit Application The following is a list of information requirements to obtain a. building permit. 1. Work covered is the construction of a 16' by 24' stick franed structure. 2. The structure is to be built on site behind the Kenai Visitor and Cultural Center as indicate on the attached site plan. 3. The structure will be used for unheated storage. No utilities will be connected, 4. See attachments. S. Value is estimated at approximately $20,000. 6. Mike Boyle— 252 9208 The following conditions apply: Joist will be 2x10 s v " 0. C, Rafters will be 2x1-6�- z Walls will be 2x6 construction, sheathed and sided with lap siding to match the existing sti ucture. Roof lines and angles will match the existing building The city of Kenai will provide concrete/ground work Request a waver of all fees as this is an educational project in conjunction with the city of Kenai. Request this application can be expedited as this is a time sensitive project and we are already into the 20 day application period. Thank you -174- / . g«5 r<: w 7 vs« y3a -176- -177- Visitor's Center ® Install ceiling access at leak $500. Repair Fire and Security Alarm Systems $2,500. Library e Replace Bi-fold Doors $1,500, Public Safety Building ® Install Window Shades $2,000. Senior Center ® Replace Kitchen Door (required by DEC) $750. Remodel Activities Office and turn RR into storage $7,000. ® Replace vinyl in crafts room $3,000. ® Replace counter tops, cabinet fronts and the in dining area $5,000. Animal Shelter ® Metal Shelves in Storage Room $500. e Replace Rabbit Cage $500. All City Buildings ® Replace Exit and Emergency Lighting (routine maint.) $3,000. ® Roof Inspections and repairs (routine maint.) $15,000, TOTAL $41,250 -178- 1 '" m5w IAA 11 '0 1PRP",, Mao 10omenard BuiPRBB lders Supply DEUVERY&OADING COPY Id M BOX So,? IpHil 1111 pill Pill 1111111111111111111111111111111111 Jill Pill PH 11 MG M= 7580 kn KX NUMBER ["- I 57.1 7 DATE 5 f MGM PAGE ACCOUNT 7:16 API UVY OF KEH01 TMASH wCompoog", 13 3 RIP F.U)PLO(] P; T a - -SH—IPPiNGSALES Tax WN9000104M SE—LLING OUR STORE 100 STORE PERSON T-01 ORDER NO, CUSTOMER Pn 9 IT, --du-xfm OMA14TITY UfiA ITEM DESCRIPTION UNIT- —PlAq -------- rR-TtN—DED Pug ----- IF WRIWAWK 3/W8 WAR KD FMABITED BEVER 1 33,1 [1'uF 17 -03 (9 0 e7l P, R P" I G M 16' SINE 1,111-ter ft -.rnfIf? p8lf7 R , 31P- i - 2"Y,5 6 5 1J6 � (11 !-M WCEDAR 1 1TWER 9162F 61: .09MB1 1410.909 i 98 03 is L VIGN616 J"16AR T ITK H 0 i-HI 24tO1 W% 190-06 7 961 MG 129CXDR 16172 579N 50 IFF1 J"E& Vr, EEA A 5R/H 1-8 NDO.R T E fa" 16 02 ';KiJi D11,130FUCPH 4 DIR r,/L OR R ""TT f)VI LIP'TI-L 170ram. AO POL if:- i:d1tD PI: TNE-o i9� jRl ch,*NDL D PIRT NED -WSILL AIN AIAIFJI.f&p� — 1 �z a T3 95,53' LOR2 64, it A 1014 WEIGHT' NETSALE TAXABLE SALE TAX % TAX TOTAL ji; 1) CUSTOMER WWWATWUM X I n spenard BUNders suppiv DELIVERY/LOADING COPY Pllv -J,0 "Act 0111111111111111 5 Jill 11111 0 UA3- 7'-,A4 1� ��v,,x, -A --v NUMBER DATE PAGE ACCOUNT 1�kXXW .c ,. 4 ..".6 OM, -0 H ui 0 SELLING SHIPPING SALES OUR STORE STORE 1 PERSON ORDER NO 70:1e','17 M! CUSTOMER - P.O.# R TERMS --OUA—IJTRY—F�OAM—ITY• OaoERED 0 proD U/M ITEM DESCRIPTION ----UNIT— EXTER1595 Erl 15 L9065 19P)f, 5 INiL, WVLEY RB) 1 99 P 9 9 fl, 6"-'WECHt 26. 9�: OD IEPI 78. ilit�i'lIp ',,[q,r11A-M "rtvc-of,1x)IIf-,1 ;,-%*F,-A ji AIR HK P 0 0 WEICW NET SALE TAXABLE SALE TAX % TAX TOTAL CUSTWm f!2_NAWRE X 71 I CITY OF KENAI "Vitiage with a past — City with a future. " BACKGROUNDr DATA rl#XRIT1-1r- r WITMr RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 283.7535, EXT. 231 d DATE: FAX: 283.5068 �� `�� �-`Jci -a --r/ NAME: �c> N✓u� , G Resident of the City of Kenai? How long? 0Lp `Ac%.e J Residence Address -� Lf�L-✓%:i�I JJ,�'. Mailing Address � U So n Home Telephone No. ., 3 a 3E/ Home Fax No. Business Telephone No=rsSlN� Business Fax No. Email Address: May we include your contact informa:o a on our web page? ALL If not all, what information may we include? t�„_'i ✓�. r' /Oi�o' :+ EMPLOYER: NAME OF SPOUSE: e---- Current membership in organizations: Past organizational memberships: _ Job Title COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: c" ✓-C ��P ' : 9 ; �'S WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Signature -183- KENAI HARBOR COMMISSION MEETING MAY 11, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY - April 6, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- North American Mission Board b. Discussion -- Kenai Boat Harbor C. Discussion -- Concrete Ramp Replacement ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Director b. City Council Liaison COMMISSIONERITEM 8: • • s PERSONSITEM 9: •T SCHEDULED TO BE HEARD ITEM a: INFORMATIO a. Kenai City Council Action Agendas of April 1 and 15, 2009. ITEM 11• ADJOURNMENT KENAE HARBOR COMMISSION MEETING MAY 11, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR PHILLIP MORIN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Vice Chair Morin called the meeting to order at approximately 7:15 p.m. Roll was confirmed as follows: Commissioners present: P. Morin, G. Foster, R. Peters Commissioners absent: B. Osborn, A. Poynor, T. Thompson Staff/Council Liaison present: Parks & Recreation Director B. Frates, Public Works Director W. Ogle No quorum. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY - April 6, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5-a. Discussion -- North American Mission Board 5-b. Discussion -- Kenai Boat Harbor Discussion -- Concrete Ramp Replacement ITEM 6: NEW BUSINESS -- None ITEM 7: REPORTS 7-a. Director 7-b. City Council Liaison ITEM S: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of April 1 and 15, 2009, WON ITEM II: ADJOURNMENT Due to lack of quorum, the meeting was closed at approximately 7:16 p.m. Meeting summary prepared and submitted: Corene Hall, Deputy City Clerk HARBOR COMMISSION MEETING MAY 11, 2009 PAGE 2 CM OF KENAI Village with a past — City with a future. " BACKGROUND AND PERSONAL DATA - ,..�CANDIDATES FOR APPOINTMENT COMMITTEES AND COKNIISSIONS \\ the cei`va� u RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 DATE: Lei -- -2 7 - Ci �% FAX: 283-5068 i NAME: 1�2 r/ I r C4 m !� t2cj �1 U S-e r- Resident of the City of Kenai? Li , rA How long? 4 'e4y S - Residence Address t0 `I r/5- /Q Mailing Address a rid p —Home Telephone No. Home Fax No. Business TelHephone No 3 3 'V Business s Fax No. Email Addr _6 - " t /nM4(, Ge y� May we include your contact information on our web page? L , If not all, what information may we include? EMPLOYER (S't' (C r? �M 1 jj Job Title S fn t NAME OF SPOUSE: P( I S C. j l lC Current membership in organizations: 1 o I1 Past Organizational memberships: Y�C`IvGS - ��i�Je �cl COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: __ d 6t it 6v Y' Cu M M 1,9 S,,on -WHAT BACKGROUND, EXPERIENCE, OR CREDENTL�I S DO YOU POSSESS To BRING To THE BOARD, COMMISSION OR COMTTTEEEMSERSHiP? ;5✓1in� c1•.' f raw e �t'�f tl,'n� .: -187- KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MAY 5, 2009 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY —April 7, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Library Expansion Project b. Discussion -- Budget Update FY2010 C. Discussion -- Effective Meetings Training d. Discussion -- Migration to New Automation System ITEM 5: NEW BUSINESS a. Discussion -- Circulation Loan Periods and Statistics ITEM 7: REPORTS a. Director b. Friends of the Library C. City Council Liaison ITEM S. COMMISSION COMMENTSIOUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of April 1 and 15, 2009. b. March 15, 2009 Chenault Correspondence Regarding Possible Library Expansion Funding. ITEM 11: ADJOURNMENT sm KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MAY 5, 2009 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER is ROLL CALL Chair Bryson called the meeting to order at approximately 7:01 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, M. Graves, E. Bryson, R. Peters Commissioners absent: E. DeForest, C. Brenckle Staff/Council Liaison present: Library Director M. Joiner, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL Bryson indicated the following lay down: SUBSTITUTE: April 7, 2009 Meeting Summary MOTION: Commissioner Peters MOVED to approve the agenda with the lay down and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY — April 7, 2009 Library Director Joiner clarified Item 6-c. should state "increasing circulation loan periods" rather than 'increasing circulation." MOTION: Commissioner Peters MOVED to approve the substitute meeting summary of April 7, 2009 and Commissioner Graves SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: OLD BUSINESS 5-a. Discussion -- Library Expansion Project Joiner reported Ordinance No. 2398-2009, which would appropriate $250,000 to the Library Expansion Project, would be before the City Council at their May 6, 2009 meeting and noted this money had originally come from the State of Alaska. 5-b. Discussion -- Budget Update FY2010 The Commission requested Council Member Boyle prepare an amendment to the budget for the time management software. 5-c. Discussion -- Effective Meetings Training Joiner reported on the Effective Meetings training she attended, noting items that were new to her. General discussion occurred. 5-d. Discussion -- Migration to New Automation System Joiner summarized the timeline toward the system migration, noting hardware had been purchased, online training staff was completed, and the library would be closed to the public on June 22 - 24 for the software migration. ITEM 6: NEW BUSINESS 6-a. Discussion -- Circulation Loan Periods and Statistics Joiner compared the library to other libraries of similar size, noting most had shorter circulation loan periods and suggested the loan period be changed to two weeks with two renewals. ITEM 7: REPORTS 7-a. Director -- Joiner reported on the Public Library Association Symposium she attended in Nashville. 7-b. Friends of the Library -- Heus reported the Friends might participate in the Kenai River Festival and the Fourth of July Parade, and the book sale would be June 26 - 28 at the State Office Building, noting Kari Mohn would be chairing the sale. 7-c. City Council Liaison -- Boyle reported on the Effective Meeting and Open Meeting Training. ITEM 8: COMMISSION COMMENTS/QUESTIONS Peters noted the Commission was short one member. Graves reported she believed the library should change the loan period. LIBRARY COMMISSION MEETING MAY 5, 2009 PAGE 2 -190- ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of April 1 and 15, 2009. 10-b. March 15, 2009 Chenault Correspondence Regarding Possible Library Expansion Funding. ITEM 11. ADJOURNMENT Commissioner Peters MOVED to adjourn and Commissioner Graves SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:59 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING MAY 5, 2009 PAGE 3 -191- CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 13, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences "All items listed with an asterisk (") are considered to be routine 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 22, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) 7. NEW BUSINESS: a. Lease Application — Kenai Hangar, LLC/ Lot 11, Block 1, F.B.O. Subdivision & a Portion of Lot 10, Block 1, F.B.O. Subdivision — Discussion/Recommendation. b. Lease Amendment —Dan 0. Pitts— Lot IA and Lot 2AI, F.B.O. Subdivision — Discussion/Recommendation. 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. b. 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 -192- 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. PZ09-18 — A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9. REPORT'S: a. City Council b. Borough Planning c. Administration • Amendment to KMC 14.15 —Numbering Buildings • Amendment to KMC 14 —Establishing KMC 14.20.255 — Regulation & Placement of Communication. Towers within the City of Kenai 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. "Zoning Bulletin" - March 25, 2009 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: -193- CITY OF KENAI • e t MAY 13, 009 0+ CITY COUNCIL � s ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:02 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. 1-b. Agenda Approval K. Koester, R. Wells, J. Twait, P. Bryson, K. Rogers, G. Brockman S. Romain City Planner M. Kebschull, Council Member R. Molloy The following additions were noted: ADD TO: 9-c. Limited Commercial Zone -- Personal Services 11-b. "The Commissioner" --Spring 2009 Commissioner Wells MOVED to approve the agenda including the lay downs and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda Commissioner Bryson MOVED to approve the consent agenda and Commissioner Brockman SECONDED the motion. There were no objections. SO ORDERED. I-d. *Excused Absences Approved by consent agenda. -194- ITEM 2: *APPROVAL OF MINUTES -- April 22, 2009 Approved by consent agenda. ITEM 5: PUBLIC HEARINGS -- None • : 1 7-a. Discussion/Recommendation -- Lease Application - Kenai Hangar, LLC/ Lot 11, Block 1, F.B.O. Subdivision 8s a Portion of Lot 10, Block 1, F.B.O. Subdivision. Kebschull reviewed the staff report included in the packet, noting the lease met the Airport Land Use Plan, the Comprehensive Plan, Zoning and Future Airport Developments. MOTION: Commissioner Brockman MOVED to recommend approval of the lease and Commissioner Rogers SECONDED the motion. Commissioner Bryson recused himself as the lease would come before the Borough Planning Commission. Koester 1 YES Remain ABSENT Wells Twait j YES Bryson _YES IRECUSED Rogers j YES Brockman !YES j s • r 7-b. Discussion/Recommendation -- Lease Amendment - Dan O. Pitts - Lot IA and Lot 2AI, F.B.O. Subdivision. Kebschull reviewed the staff report included in the packet, noting an eight -foot high sight obscuring fence needed to be built around the storage yard. MOTION: PLANNING AND ZONING COMMISSION MEETING MAY 13, 2009 PAGE 2 -195- Commissioner Wells MOVED to recommend approval of the lease amendment including staff recommendations and Commissioner Brockman SECONDER the motion. 11l�Sli �i Koester YES Romain ABSENT I Wells YES Twait YES Blyson YES Roger YES Brockman YES I ITEM 8: PENDING ITEMS 8-a. PZ09-03 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a process for the regulation and establishment and placement of communications towers within the City of Kenai and amending the Land Use Table in KMC 14,22.010 to provide that communications towers/antennas are a conditional use in the CMU zone. 8-h. 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. PZ09-18 - A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding -lie provisions to encompass the new zone. i 9-a. City Council -- Council Member Molloy reviewed the action agenda items of the May 6, 2009 Council meeting. 9-b. Borough Planning -- Bryson reviewed the agendas of the April 27 and May 11, 2009 Borough Planning Commission meetings. PLANNING- AND ZONING COMMISSION MEETING MAY 13, 2009 PAGE 3 -196- 9-e. Administration -- Kebschull reviewed a draft ordinance on numbering buildings that would make the city consistent with the Emergency 911 system; reviewed a draft cell tower ordinance and scheduled a work session for May 27, 2009; noted Administration was considering an ordinance on regulation wind turbine placement; and, presented the subscription of "The Commissioner" for their review. ITEM t: PERSONS PRESENT NOT►., None INFORMATIONITEM 11: 11-a. "Zoning Bulletin" - March 25, 2009 11-b. "The Commissioner" -- Spring 2009 (added as a lay down at the beginning of the meeting. ITEM 12: COMMISSION COMMENTS & OUESTIONS Koester -- None Brookman -- Noted he would be absent from the June 10, 2009 meeting. Wells -- None Bryson -- Noted, he would be absent from both June 2009 meetings. Rogers -- None Twait -- Noted he would be absent from the May 27, 2009 meeting. ITEM 13 Commissioner Bryson MOVED to adjourn and Commissioner Brockman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:36 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MAY 13, 2009 PAGE 4 FILOYA MAY 12, 2009 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a.. March 10, 2009 Regular Meeting b. April 14, 2009 Special Meeting ITEM 4: PERSONS SCHEDULED TO BE BEARD ITEM 5: OLD BUSINESS a. Discussion -- Flowerbed Design b. Discussion -- Volunteer Plant Day ITEM b: NEW BUSINESS ITEM 7: REPORTS a. Committee Chair b. Parks & Recreation Director C. Kenai City Council Liaison ITEM 8: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of April 1 and 15, 2009. b. GCl/Alaska Digitel Landscaping Site Plan C. Span Alaska Landscaping Site Plan ITEM 11: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE MAY 12, 2009 7:00 F.M. KENAI COUNCIL CHAMBERS CHAIR KAY SHEARER, PRESIDING MEETING SUMMARY Chair Shearer called the meeting to order at approximately 7:07 p.m. Roll was confirmed as follows: Committee Members present: M. Dimmick, K. Shearer, L. Stanford, S. Lovett, T. Canady Committee Members absent: L. Seymour, P. Baxter Staff/Council Liaison present: Parks & Recreation Director B. Frates A quorum was present. ITEM 2: AGENDA APPROVAL itifiyiit�iiA Committee Member Dimmick MOVED to approve the agenda as presented and Committee Member Lovett SECONDED the motion. There were no objections. SO ORDERED, ITEM 3: APPROVAL OF MEETING SUMMARY 3-a. March 10, 2009 Regular Meeting 3-b. April 14, 2009 Special Meeting Commissioner Dimmick noted Item b-b of the March 10, 2009 meeting summary should read May 30, 2009 rather than May 10, 2009. O : W Committee Member Dimmick MOVED to approve the meeting summary of March 10, 2009 with the correction and the meeting summary of April 14, 2009 as presented. Committee Member Stanford SECONDED the motion. There were no objections. SO ORDERED. PERSONSITEM 4: ► ITEM 5: • r BUSINESS Discussion -- Flowerbed Design -199- Parks & Recreation Director Frates reported he hired a Master Gardener to the summer staff. General discussion of the flowerbeds occurred and the following suggestions were made: • Incorporate the American Flag into the bed at the Fire Station. Turn the Erik Hansen Boy Scout Park into a shrub bed with ninebark, rocks and minimal flowers. 5-b. Discussion -- Volunteer Plant Day Shearer gave a brief outline of the agenda for the day, noting most of the work would be at Leif Hansen Memorial Park. Frates noted the Parks Department would provide some hand tools, trash bags, rubber gloves, and a staff person watering the plant material. ITEM 6: NEW BUSINESS -- None 7-a. Committee Chair -- None 7-b. Parks & Recreation Director -- Frates reported on work activities and upcoming events. 7-e. Kenai City Council Liaison -- None ITEM 8: COMMITTEE MEMBER QUESTIONS AND COMMENTS -- None ITEM 1: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of April 1 and 15, 2009. 10-b. GCl/Alaska Digitel Landscaping Site Plan 10-c. Span Alaska Landscaping Site Plan ITEM 11: ADJOURNMENT MOTION: Committee Member Lovett MOVED to adjourn and Committee Member Stanford SECONDED the motion. There were no objections. SO ORDERED. BEAUTIFICATION COMMITTEE MEETING MAY 12, 2009 PAGE 2 -200- There being no further business before the Committee, the meeting was adjourned at approximately 8:07 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING MAY 12, 2009 PAGE 3 Wien 0) MIC&L 1 m Kenai Community Library Monthly Report May 2009 April Circulation Figures I Adult Fiction 2,544 Internet Access 1,192 Adult Non -Fiction 1,774 Music 169 Periodicals 127 Puzzles 4 Juvenile Fiction 555 Videos 498 Juvenile Non -Fiction 262 DVDs 2,296 Easy Fiction 1,319 Audio books 157 Easy Non -Fiction 231 Miscellaneous 18 Interlibrary Loan 60 Computer Programs 14 j Total Print 6,872 Total Non -Print 4,438 Total Circulation 11,220 Internet Express Use 588 Total Catalog Searches 8324 Library Door Count....... 8,716 In -House circulation 87 Downloadable Audio 207 Circulation of periodicals was 108% higher than the same period last year. Other categories that showed high percentage increases included Equipment with a 54% gain, Music with 17% more circulating than last year, Juvenile Non-fiction at 11 % and Adult fiction with a 10% increase over the same time period last year. Interlibrary Loans Books Volunteers 8 Hours 82 Ordered 62 Received 63 Returned 74 Loaned by us 23 Adult Programs .......... 10 Persons .............. 93 Children's & Family Programs.... 14 Attendees ................................. 215 Library Cards Issued April 2009 Kasilof 5 Kenai 54 Nikiski 5 Ninilchik 3 Soldotna 20 Sterling 3 Non -Resident 14 Organization & Other 1 Total 105 We received notification this week that we were awarded E-rate funds again this year. The approved amount is $3,211.70. This is generally applied against our telephone bill by ACS. -203- IMct To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: May 13, 2009 Subject: April Monthly Report Total number of days rented in April 2009: 2 April Monthly Meal Count 2009 Served: Total Congregate Meals Served: 1,405 Total Home Meals Served: 1,920 Total Non -Seniors Meals: 15 April 2008 Monthly Meal Count Served: Total Congregate Meals Served: 1,203 Total Home Meals Served: 1,940 Total Non -Senior Meals: 9 Total Volunteer Hours for April: 910 The director completed a Rasmuson grant for dining room chairs, she presented the senior center program to the allocation committee for United Way, and completed the NTS continuation 2010 grant. Admin. Assistant and director had 20 Medicare and various senior appointments. They assisted a care coordinator in finding an assisted living for a senior client as well as assisting a senior in an emergent admission to the hospital. Our drivers, home meals driver, and outreach person participated in driver's training both in classroom and on the road. They were tested and scored for both classroom information as well as road tested in the ADA bus. The Senior Center hosted the area -wide senior center's board dinner. The dinner was a thank you and recognition to all the area senior center boards. Marge Hays spoke briefly concerning the responsibilities of senior center boards. Tim Winweski entertained on his trumpet and volunteers from the Alaska Christian College served dinner and afterwards cleaned the kitchen. We held our second Easter Brunch with an Easter egg hunt. A great time was had by all. The Alaska Christian College choir can and sang during the brunch. The Thursday night Bluegrass Jams continue to be a big hit! In April 106 people participated either as a participant or in the audience. The Senior Connection, Inc. continues to sell and serve hotdogs, chili, and popcorn. Ron Fullinck volunteered to assist seniors with their tax filing this year. We had 10 people he assisted. This was a great service to the seniors. m To. Rick Koch, City Manager From. Gus Sandahl, Police Chief A Date: 5/13/2009 Re. Police & Communications Department Activity — April 2009 Police handled 623 calls for service. The Communications Center received 110 emergency 9-1-1 calls. On April 1, an adult male tried to pass a forged check at IGA using a forged Alaska State ID card. He was arrested for forgery 2nd degree, felony and misdemeanor drug charges, a felony weapons offense, and false report. Traffic enforcement resulted in 114 warnings, 33 speeding tickets, 35 seathelt tickets, 11 citations for equipment violations, and 37 citations for "other" traffic violations. There was one DUI arrest. Police investigated 5 vehicle crashes (3 injury crashes). The 5 crash investigations resulted in 3 citations. In the schools, Officer Langseth handled 7 criminal investigations and 2 other calls for service. He was a visible presence at the KCHS prom. He continued the 7t' grade DARE instruction and mentorship at KMS. He did an Internet safety class for 30 students at Reads Primary. On April 2nd Inv. Langseth attended Datamaster Instructor re -certification training. On April e, Officer George attended Datamaster Instructor training. On April 13'h, Lt. W annamaker and Officer Sjogren attended a traffic safety summit in Anchorage. On April 151h, Officer Langham attended a Use of Force class in Wasiila. On April 20U', Sgt. McBride attended Background Investigator training in Palmer. On April 21, Officer Turnage attended quarterly K9 training in Anchorage. On April 27 h, Officer Turnage attended Meth 360 training in Anchorage. From April-12-1 r, Dispatchers Day and Shinn conducted "911 For Kids" education at Mt. View Elem, On April 18"', Dispatchers Shinn, Hamilton, Bemowski, and Gordon attended Basic Life support for Healthcare Providers (CPR/AED) training presented by KFD. At the end of April, Mike Nusbaum and Erica Shinn attended a Dispatch conference in Las Vegas. On April 281h, Dispatcher Greg Beckman attended Uniform Crime Reporting training in Anchorage. Officers continue to work DUI and Click -it or Ticket campaigns (funded by the Alaska Highway Safety Office). -205- April 2009 2009 2008 2009 2008 STRAY 51 68 ADOPTED 30 45 Dogs 38 53 Dogs 17 31 Cats 11 14 Cats 10 14 Other Animals 2 1 Other Animals 3 0 RELEASED BY OWNER 28 39 CLAIMED 16 24 Dogs 18 27 Dogs 23 22 Cats 9 12 Cats 0 2 Other Animals 1 0 Other Animals 0 0 D.O.A. 15 9 EUTHANIZED 33 37 Dogs 8 5 Dogs 23 27 Cats 7 4 Cats 10 9 Other Animals 0 0 Other 0 1 TOTAL ANIMALS 94 116 WILDLIFE RELEASE 0 1 Borough Animals 11 35 Field Investigations 82 172 Total Dogs 64 85 Volunteer hours 52 120 Total Cats 27 30 Total phone 613 1137 Total Other 3 1 Kennel Permits 0 0 rrVllaye with aast, Ci with a Future r® ' > 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 1I�f fI t�rt titynf i9sz KENA��I, AsL�ASKA PUBLIC WORKS DEPARTMENT �:r' May 2009 REPORT TO: Rick Koch, City Manager //�u� FROM: Wayne Ogle, Public Works Director �A DATE: May 13, 2009 SUBJECT: Mid - Month Report; Public Works Department The status of previously reported projects is as follows • Kenai Visitor's Center Heating System Upgrade — 2009 (engineering by RSA Engineering, Inc. and construction by Blazy Construction, Inc.) Includes: Installation, replacement & upgrades to heating, control, ventilation, boiler, carpeting and painting. The project is substantially complete. The Kitchen upgrade and the Conference Room serving area upgrade project is underway with Blazy. • Kenai Community Library Expansion Project - ECl/flyer, Inc.'s issued 'schematic plan' on 19 February 2009; Council is considering the funding for the next phase of project design. • Kenai Courthouse Parking Expansion - 2009 (Design by Win ce-Corthell-Bryson). Contract awarded to Peninsula Construction. Construction expected to start in early June. • South Ames and Basin View Drive Pavine LID (Design: Nelson & Associates). Design completed 2/23/09, Public Review Meeting on 2/26/09 at 7PM; Plans issued for Construction on 313109; Pre -Bid meeting on 3/12; Bid opening on 3/24/09 at 3PM. On 411109 Council awarded contract to Northstar Paving and Construction, Inc. Actual construction is scheduled to begin first week of June. • Cabin Relocation Project - Historical Society is coordinating work; four cabins are jacked up and logs replaced as needed in preparation for the move. Details in the cabin move are being worked on. • Kenai Municipal Airport Rehabilitate Apron — 2009-2010. (Design by Wince-Corthell-Bryson) The Project will be phased through two summers. Apparent winner of the bid was Alaska Roadbuilders, Inc. 2009 (Design by Wince-Corthell-Bryson). Design completed on 2/2109, plans issued 2/24/09, Pre -Bid on 3/10; Bid Opening on 3/24109 at 1PM. 4/1/09 Council awarded project to Alaska Roadbuilders, Inc. • Vintage Pointe Dry Sprinkler Svstem Replacement — 2009 Bids opened on 313/09 at 2PM. 411/09 Council awarded contract to Alaska Automatic Fire Protection, Inc. Construction to start in early June, • Vintage Pointe Casement Window Replacement— 2009 This will replace 64 windows in Vintage Pointe with energy efficient, easy to open and low maintenance windows. Bids were opened 3/3/2009 at 2PM; 4/1/09 Council awarded Contract to World Wide Roofing & Construction, Inc. Construction to start in early June. • Kenai: Various Road Improvements — 2009 Baron Park Lane & HEA Access) (Design by Hattenburg, Dilley & Lmnell (HDL)) Phase 2 to Marathon Road Improvements: Grading, Drainage, paving, Signing & Striping, Illumination and Water; HDL issued 90% bid documents on 4/3/09 to City and ADOT for review, Bid to go out in May. ADOT is to bid the contract & HDL to do construction management. • North Beach Fence Materials — 2009 Materials for a fence with wooden posts and galvanized chain for the protection of North Beach Dunes have been received. • LED Streetlight Installation - 2009 — So far 16 street lights between Fifth Ave. & Kenai Spur Highway have been replaced with Light Emitting Diode (LED) Lights; Most of Kenai's main thoroughfare streetlights will be replaced by LEDs by the end of summer. • Small Projects — Planned for Summer 2009: Upgrade of boat launch ramp, expansion of Park Strip picnic pavilion, structural condition survey of the City dock, more curb and sidewalk repairs, bollards added in Municipal Park, Kenai Soccer Complex Storage Shed project is underway with site -prep by City and construction by Blazy, a retro-fit of energy efficient interior lights and occupancy sensors for office spaces is planned for City Hall. -207- A ! . • - EvirGT1v11rNJ'-* 9. Municipal 6a%rpcort 9'' Annual Kenai Peninsula Air Fair, May 30 — Airport staff and volunteers are very busy with preparations. The posters, postcards, and t-shirts have been finalized and are available. Committee members will be on Sound Off and also be interviewed by Meryl Sikorski for KSRM. The poker run rules and registration are available at www.kenai.airport.com. If you can volunteer or have ideas to ensure our event is a great one please contact us. Volcano Preparedness: The AVO people will be available during the Air Fair on May 30. They are inviting City Council and Airport Commission to a tour of the volcanic ash radar equipment. Airport Projects: Apron Rehabilitation Project — The FAA notified us of the availability of additional funds which will fund the entire apron rehab in 2009. $2.9 million dollars of this project is American Recovery and Reinvestment Act funds and the balance is Airport Improvement (AIP) funds through entitlement and discretionary money. Spring Clean Up: Airport staff is continuing with cleanup. The terminal is being painted inside and out, and the parking lots and roadway will be repainted. Alaska Airmen's Trade Show — The Airport Manager attended the trade show in Anchorage on May 1,2,& 3 promoting the airport and the Air Fair. Attendees expressed interest in lease lots and t-hangars at the airport. KENA I FIRE DEPARTMENT Date: May 13, 2009 To: City Manager From: Fire Chief Tilly "subject: Midmonth report Runs for the timeframe of 6-13-09 to 5-13-09: Run total for the year 591 Total last year at this time 528 12% over this time last year Last 30 days 113 requests for service Summary of activities for last month: 1) KFD members trained with ENSTAR for emergency operations dealing with natural gas. 2) One KFD member enrolled in Basic Aircraft Fire Fighting at Beacon training Center 3) Two members enrolled in advanced Aircraft Rescue Fire Fighting at beacon training Center 4) Hosted two Car seat check ups at station one. 5) Installed smoke detectors in 7 homes 6) Hosted 4 station tours 7) All KFD members trained with Kenai Police in terrorist training. \\ Meca�/af // KENAV SKA To: Rick Koch, City Manager rrV llaye With a Past, C# W61tk a filtGBY'e FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 1 FAX'. 907-283-3014 7,f. From: Terry Eubank, Finance Director Date: May 14, 2009 Re: Finance Departmem May 2009 Mid Month Report A major upgrade to the City's financial accounting package took place the last week of April and we have been steadily working out the issues and training on the new system. This was a budgeted expense for FY2009. As year-end approaches a review of the current year budget has been completed with areas of adjustment identified, Discussions have also taken place with departments regarding items that remain in their FY2009 budgets. FY2010 insurance renewal applications are complete and have been submitted. Based upon preliminary information, premium increases of less than 10% are expected. Alaska Public Entity Insurance (APED, the City's insurance carrier; has also implemented a planned rebate to its customers. The rebate is expected to be approximately 5% of the City's FY2010 premium and is due to APEI's self -insured retention reserve being greater than actuarially projected need. This APEI program should prove to be very valuable to the City in the future as a tool to help keep insurance costs in cheek. As the budget process approaches completion the department will shift its focus to fiscal year end and preparation for the FY2009 audit and financial statement preparation processes. Im 0 0 1:1 z 92 INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 20, 2009 1. 5/20/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. 5/5/09 City of Kenai Dock Rate Schedule. 3. 5/ 14/09 RK memorandum/Administration's Suggested Ordinance No, 2347- 2008, Substitute C for review. 4. 5/ 13/09 RM transmittal/Suggested Ordinance No. 2347-2008, Substitute D for review. 5. 5/ 11/09 GS memorandum noting promotion of B. Reid to Chief Animal Control Officer. 6. 5/ l/09 RM transmittal/Public Record Request automation product information. 7. North/South Beach Volunteer Outreach Services related to Personal Use Fishery -- Special Use Permit/Chugiak Baptist Organization and Salmon Frenzy Proposal. 8. 5/ 14/2009 Kenai River Special Management Area Meeting Agenda and 4/9/2009 meeting minutes. 9. 5/ 19/09 Kenai Peninsula Borough Assembly Meeting Agenda. PURC.. aE ORDERS BETWEEN $2,600.00 AND $16,000.00 FOR COUNCIL rcEV1EW COUNCIL MEETING OF: MAY 20, 2009 VENDOR DESCRIPTION - DEPT. ACCOUNT AMOUNT CROWLEY PETROLEUM DISTRIBUTION FLOAT PLANE FUEL AIRPORT - OTHER BLDGS/AREAS OPERATING SUPPLIES 3,000.00 MOST DEPENDABLE FOUNTAINS PEDESTAL DRINKING FOUNTAIN PARKS SMALL TOOLS 2,650.00 ASPHALT MARKING SERVICES RESTRIPING SIDEWALKS, PARKING AIRPORT -TERMINAL REPAIR & MAINT. 4,923.00 AMAZON.COM BOOKS LIBRARY BOOKS 3,000.00 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 8,000.00 DIGITAL ALLY DIGITAL VIDEO MIRROR KIT POLICE SMALL TOOLS 4,025.00 B N N The City Manager shall establish the fees, rates, and charges for the billing and collections for support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 6% sales tax added to the total invoice (3% City and 3% Borough). 1. Product wharfs e w/crane w/o forklift $ 0 07/lb Non -product wharfage (ice. nets. staples: etc.) I $ 0 04/Ib Purchases Purchases of Purchases Under 500 501 - 2000 Over 2000 Gallons Gallons Gallons 2. Fuel Gasoline Regular 2.44277 2,39277 N/A State Marine Tax 0.000 0.000 N/A Federal Tax 0.184 0.184 NIA 'Dotal $/gal. 2.63 2.5E N/A Diesel #2 3.553 3.503 3,31177 State Marine Tax 0.000 0,000 0.050 Total $/gal. 3.55 3.50 3.36 3. Used Oil Dumpina $1.00/ ai. 4. Boat Launch Ramp 0-10 min. _ $15.00 Includes Parking with Trailer Each min. over 10 min. _ $1.00/min. Seasonal pass per boat = $150/season 5. Parking Only (If with trailer, must pay launch fee) $10.00/day Seasonal Pass for Parking $100.00/season 6. Tie Up Fee A. Skiffs tied to land side of concrete dock �$7.00/day Seasonal Pass per boat $150/season B. Boat tied to buoy in river $10.00/day Seasonal Pass per boat $150/season 7. Forklift w/O erator 1/2-hr. minimum $50.00/hr. 8. City Labor Charge for call out 2-hr. minimum $40.00/hr. 9. 10ther Items See Dock Manager Prior to Use Financed -213- ,.A t/�eu'y�uf KENAI, ALASKA "'Village witk a Past, C# with a Fa tare 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Lim Telephone: 907-283-75351 FAX: 907-283-3014 11111.1 1992 MEMO: TO: City Council FROM: Rick Koch DATE: May 14, 2009 SUBJECT: Ordinance 2347-2008, Agenda and Packet -Preparation, Distribution, Publication, and Late Materials The purpose of this correspondence is to transmit administration prepared Substitute "C" for your review and comment. 3 ORDINANCE NO, 2347-2008 Substitute C 1. KMC 1,15.040 Agenda is repealed and re-enacted as follows: 1.15.040 Agenda and Packet — Preparation, Distribution, Publication, and Late Materials (a) The Mayor, a Council member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor, a Councilmember, City Clerk, City Attorney, or City Manager may request a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (c) A member of the public may request that a matter be placed on the agenda subject to policies and procedures adopted under paragraph (k), (d) A sponsor, all co-sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published as provided in paragraph (k), and such item shall be removed from agenda, unless the item has been carried over or postponed from a previous agenda. (e) The City Clerk shall prepare the agenda for each. Council meeting after consultation with the Mayor and City Manager, subject to paragraphs (a) through (d). A draft agenda shall he circulated to the Mayor and other Council members, and the City Manager. (f) Notice of the date, time, place, and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall as provided for in paragraph ( k)• (g) Once the final agenda is published as provided in paragraph (i), no item may be removed from, or added to, the agenda except by majority vote of the Council members present at the meeting. (h) A meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda shall be distributed to the Mayor, other Council members, and the City Manager. (i) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing per paragraph (k). The City Cleric shall cause a paper copy or electronic copy (CD) of the meeting packet to be provided to any member of the public, -215- or to any organization, upon request, per paragraph (k). A minimum of one paper copy of the meeting packet will be available to the public at the meeting. (j} The City Clerk shall provide paper copies of any late materials to the Mayor, each Council member, City Manager, and City Attorney, The City Clerk shall also make paper copies of late materials available to the public at the meeting. (k) The administration will develop policies and procedures to implement this section, subject to review and approval of Council. -216- Agenda andPreparation,Distribution, Publication an! Late Materials Administrative Policies and Procedures Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard", and will be permitted ten (10) minutes to address the Council.. The request shall be made to the City Clerk, on the prescribed form, a minima n of eight (8) days in advance of the Council meeting. The City Clerk shall inform the requestor that requests to be placed on the agenda to address the following topics shall not be accepted: a. Items scheduled for public hearing on the agenda. b. Personnel matters. c. Items upon which litigation involving the person or his/her representative is currently pending. 2. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by publication in a newspaper of general circulation no later than three (3) days prior to the meeting. 3. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by posting to the City's official bulletin board at City Hall no later than six (6) days prior to the meeting. 4. The City Clerk shall post a copy of the meeting packet to the City's web site and to the Kenai Municipal Library no later than six (6) days prior to the meeting. 5. Publication of the regular Council meeting Agenda shall be published in a newspaper of general circulation no later than three (3) days prior to the meeting. 6. Any member of the public or any organization may request a copy of the meeting packet, either by paper or electronic copy. The Clerk will provide the copy as soon as practical. 7. "Day" will be considered a calendar day. 8. The day of the council meeting shall be counted for the purpose of establishing deadlines. 9. Failure to comply with the above policies and procedures will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. -217- COUNCIL APPEARANCE REQUEST Office of the City Cleric City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283-8231 Fax: (907)283-5068 Email: cfreas@cl.kenaLak.us Cry Mailing Address: Residence Address: Daytime Phone: Brief Description of Topic: Preferred meeting date: Providing Written statement; material for inclusion in the council packet is encouraged. Deadline for submittal is normally Wednesday, Noon, the Week prior to the council meeting (unless a holiday changes the packet preparation day). Will electronic equipment be used for your presentation? Will you provide personal equipment? Will City equipment be needed? Projector Laptop (Contact M. Kebschuli for use of laptop (283-8235) and/or Tina Williamson for use of projector (283-8228). *Setup of electronic equipment MUST BE completed before 5:00 p.m. of the council meeting day. Contact City Clerk for appointment (283-8231). Signature: Received by City Clerk: Date Tine Carol Freas From: Bob Molloy [bob@molloyforcouncil com) Sent: Wednesday, May 13, 2009 1:14 PM To: Rick Koch Cc: Mayor Porter; Carol Freas; Cary Graves Subject; Fwd: Any other amendments to Agenda & Packet, Sub C? Attachments: Ord.Molloy.SubD.doc; ATT65424.txt; ATT65425.txt; 090513.Cites.pdf; ATT65426.txt; ATT65427.txt Hi Rick: The attachments are (1) MS Word file that is my initial draft of a Molloy Substitute D, and (2) pdf file with copies of court rule and 2 statutes. I did my Substitute D is legislative style format so that Administration can track the changes that I am proposing to your Substitute C. If we could meet at 3:30 pm today, we could continue our discussion. My idea at this point is that Administration's Substitute C and my initial draft of Molloy Substitute D would both go into the Council packet as an Information Item on Ordinance No. 2347-2008, but we would not schedule for public hearing yet. I would like to meet another time, after the 5 20-09 Council meeting, with you, the City Clerk, and the City Attorney for another discussion RE both substitutes. An outcome of that meeting might be that both Substitutes might end of looking slightly different than these versions (or not), but I'd like to have that discussion with Administration before finalizing my proposed Substitute D, and I don't think time allows that discussion to happen and re -drafts to be done for the 5-20-09 packet. At any rate, your thoughts on the Information Item idea will be appreciated this afternoon. Thanks - Bob cc: Mayor Porter -219- ORDINANCE, NO 2347-200$ Mollov Substitute D• 1. KMC 1.15.040 Agenda is repealed and re-enacted as follows: 1.15.040 Agenda and Packet — Preparation, Distribution, Publication, and Late Materials (a) The Mayor or other Council Member or Administration [CITY CLERK, CITY ATTORNEY, OR CITY MANAGER] may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the [REGULAR] Council meeting requested by the sponsor. (b) The Mayor or other Council Member or Administration [CITY CLERK, CITY ATTORNEY, OR CITY MANAGER] may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the [REGULAR] Council meeting requested by the sponsor. (c) A member of the public may request that a matter be placed on the agenda subject to policies and procedures adopted under paragraph (k). Being placed on the "Persons Scheduled to Be Heard"portion of the agenda does not l mit or restrict the requestor's ability to speak on any other agenda items for which public comment is allowed (d) A sponsor, all co-sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published [AS PROVIDED IN PARAGRAPH (K)], and such item shall be removed from agenda, unless the item has been carried over or postponed from a previous agenda. (e) The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to paragraphs (a) through (d). A draft agenda shall be circulated to the Mayor and other Council Members, and the City Manager before finalization. (f) Notice of the date, time, place, and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall. [AS PROVIDED FOR IN PARAGRAPH (K)]. Additional public notice of meetings may be given by other means. (g) Once the final agenda is published as provided in paragraph (i), no item may be removed from, or added to the agenda except by majority vote of the Council Members present at the meeting. (h) A meeting packet containing the final agenda, all legislative items, and all supporting documentation for all agenda items shall be distributed to the Mayor, other Council Members, and the City Manager. (i) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available -1- -220- -2- 1` 1is ;1 s: R ♦ - R' for public viewing. [PER PARAGRAPH (K)]. The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request. [PER PARAGRAPH (K)]. A minimum of one (1) paper copy of the meeting packet will be available to the public at the meeting. (j) The City Clerk shall provide paper copies of any late materials to the Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting. (k) The administration will develop policies and procedures to implement this section, subject to review and approval of Council. -221- 1 i 1 1 i I I ! i Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard", and will be permitted ten (10) minutes to address the Council. The request shall be made to the City Clerk, on the prescribed form, a minimum of seven 7 [EIGHT (8)] days in advance of the Council meeting. The City Clerk shall inform the requester that requests to be placed on the agenda to address the following topics shall not be accepted: a. Items scheduled for public hearing on the agenda. b. Personnel matters. c. Items upon which litigation involving the person or his/her representative and the Cit is currently pending. 2. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by publication in a newspaper of general circulation no later than rive (55) [THREE (3)] days prior to the meeting. 3. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by posting to the City's official bulletin board at City Hall no later than five 5 [SIX (6)] days prior to the meeting. 4. The City Clerk shall post a copy of the meeting packet to the City's web site and to the Kenai Municipal Library no later than five 5 [SIX (6)] days prior to the meeting. [5. PUBLICATION OF THE REGULAR COUNCIL MEETING AGENDA SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION NO LATER THAN THREE (3) DAYS PRIOR TO THE MEETING]. 5. Any member of the public or any organization may request a copy of the meeting packet, either by paper or electronic copy. The Clerk will provide the copy as soon as practical. 6. "Day" will be considered a calendar day. 7. The day of the council meeting shall not be counted for the purpose of establishing deadlines. [8. FAILURE TO COMPLY WITH THE ABOVE POLICIES AND PROCEDURES WILL NOT INVALIDATE ANY ORDINANCE OR COUNCIL ACTION AS LONG AS THERE WAS A GOOD FAITH EFFORT AT COMPLIANCE BY THE CITY CLERK]. -3- -222- Name: Mailing Address: Daytime Phone: Brief Descripfion of Topic: Preferred Meeting Date Signature: -4- Office of the City Cleric City of Kenai 210 Fidalgo Avenue Kenai, AK 99611. (907)283-823lphone (907)283-5068 fax cfrcasn,ci.ke w ak.us e-mail -223- Rule 6 Rule 6. Time. ALASKA COURT RULES . (a) Computation. In computing any period of time prescribed. or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run is not to be. included. The last day of the period is to be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or. legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, mid legal holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday. nlargement, When by these rules or by a notice given thereunder or by order of the court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b), 52(b); 59(b), and (e) and (i), and 60(b), except to the extent and under the conditions stated in them. (c) Additional Time After Service or Distribution by Mail. Whenever a parry has the right or is required to act within a prescribed period after the service or distribution of a document, other than documents served under Civil Rule 4(h), and the document is served or distributed by mail, three calendar days shall be added to the prescribed period, However, no additional time shall be added if a court order specifies a particular calendar date by which an act must occur. (Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 98 effective September 16, 1968; by SCO 258 effective November 15, 1976; by SCO 274 effective June 15, 1977; by SCO 704 effective September 15, 1986; by SCO 836 effective August 1, 1987; by SCO 878 effective July 15, 1968; by SCO 1007 effective January 15, 1990; and by SCO 1639 effective October 15, 2007) Notet Ch. 77 SLA 2002 (HB 157), Section 2, adds new Chapter 26 to Title 6 of the Alaska Statutes, concerning providers of fiduciary services, According to Section 9 of the Act, AS 06.26.760(b)(2) has the effect of amending Civil Rule 6 by postponing the deadlines for the filing of pleadings and other documents by a trust company in a civil action when the Department of Community and Economic Development has taken possession of the trust company. Annotations Cases Under Rule 8(o) of the (Federal] Roles of Civil Procedure affirmative defenses must be pleaded, but the court may grant a unction for judgment on the pleadings and if matters outside the pleadings are presented the motion shall be treated as one forsummary judgment under [Federal] R. Civ, P. 56 and all parties must be given reasonable opportunity to present all matters pertinent to such motion, and the party against whom the motion is 26 made may apply to the court for further time to prepare his resistance to. the motion under Rule 6(b).. NDtchelt v. Land, Op. No, 19, 355 P2d 692 (Alaska 1960). Computation under this rule relates only to matters of procedure and s no effect not substantive rights. Wade Y. Dworkin, Op, No. 306, 407 2d 587 (Alaska 1965). A condemnor which fails to file a timely notice of appeal from a master's report can be granted an enlargement' of time under this rule. State v. Chutlowni, Inc, Op, No. 522,449 P2d 776 (Alaska 1968), A condemnor's request for relief from its failure to file finely notice of appeal from a master's report and for relief fron an oppressive proceeding its addressed to the sound discretion of the Vial court, and its min g will not be disturbed on appeal in the absence of a showing of abuse of discretion. State v. Chackwm, Inc, Op. No. 522, 449 P2d n6 (Alaska 1968). 'fhe mal court has jurisdiction under enis role to enlarge the period of time for appealing from a master's report in a condemnation action, even though such motion was mode after the expiration of are specified time for appeal Collart or at. (6,656 Square Feet) v, State, On, No. 565, 456 P2d 480 (Alaska 1969). The Supreme Court will not pass on the suffickmay, of a landowner's showing That he is entitled for an enlargement of time for appealing from the report of a master in condemnation until the trial eourt's discretionary powers have been exercised. Contact at al. (6,656 Square Feet) Y. State, Op. No. 565,456 P2d 480 (Alaska 1969). Orders to show cause art barred by this rule where not provided for by other rates. Dimmick v. O'Neal, Op. No. 734,490 P2d 483 (Alaska 1971). A Saturday, wirer court is closed is a holiday for purposes a, computation of time. David v. Sturm, Roger Rs Co, Inc., OpNo. 1356, 557 P2d 1133 (Alaska 1976), Argument that offer ofjudgment was untimely because it was presented 'live calendar days rather than five coon days utter the close of discovery was roected. Fairbanks North Star Borough v. Tundra Tours, Op. No. 3052, 719 P2d 1020 (Alaska 1986). The eourt's authority to enlarge the time for an act pursuant to Rule 6(b) is a function addressed to the sound discretion of the trial court. Estate of Lampert v. Estate of Lampert, Op. No. 4203, 896 P2d 214 (Alaska - .995). Trial court did not some its discretion in enlarging time for decedent's count, to substitute in as plaintiff for decedent. Estate of Lampert v. Estate of Lampert, Op, No. 4203, 896 P2d 214 (Alaska 1995), Trial court did not abuse its discretion in allowing the atWmey to file a fate post -trial brief pursuant to Alaska R. Civ. P. 6(b) snit ordering the attorney to pay the opposing parry's reasonable attorney fees and costs associated with its repty to than attorneys late -filed brief pursuant to Alaska R, Civ. P. 95(a) because the attorney had violated multiple mies that granted the trial court the authority toimpose reasonable deadlines. The Supreme Courtof Alaska has held that the failure to comply with a briefing schedule is a reason fur imposing sanctions under Alaska R. Cie. P. 95(a). Schmidt v. Kolvistu, Op. No. 5914, 114 P.3d 836 (Alaska 2005), PART III. PLEADINGS AND MOTIONS Rule 7. Pleadings Allowed —Form of Motions. (a) Pleadings. There shall be a complaint and ananswer, a reply to a counterclaim donominated as such; an answer to a cross -claim, if the answer contains a cross -claim; a third -party complaint, if leave is given under Rule 14 to summon a person who was not an original party; and a third -party, answer, if a third -parry complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer -224- 696 697 sed 's vt are, 17 ?ss t des: atorial the Act by y£ LAWS AND STATUTCS For an analysis of the amendment to subsection (d) by § 1, ch, 20, SLA 2002 (SCS HB 375(JCD)) as 2002 House Journal Sapp. No, 10, NOTES TO DECISIONS Applied in Atlantic Richfield Ce v. State, 705 P.2d 418 (Alaska 1986). Stated in Rowe v. Burton, 884 F. Supp- 1372 (D. Alaska 1994), reversed on other grounds, sub mom„ Doe v, Otte, 248 R3d 832 Gib C{. rznm, § 01.10.090 Cited in North Slope Borough v. Sohio Petroleum Corp., 585 P.2d 534 (Alaska 1978), Fowl..ska Oil 006). Bad 1106 (Alaska Ct. App. 20er vState, 70 2 03); Aowv Ala & Gas Conservation Comm'n, 147 P.3d M4 (Alaska Sec. 01'10'080' Computation of time. The time in which an act provided by law is required to be done is computed by excluding the first day and including the Last, unless the last day is a holiday, and then it is also excluded. (§ 6 Ch 62 SLA 1962) NOTES TO DECISIONS ThissectionnV was taken from the laws of Ore. Mahan v. Sparks, Alaska 292 (1942); Lowe Computation of prison's age. — Since Hess 4 v. Hess, 10 Alaska es he co. It merely states the common-law rule. Lowe the com- potation-of-ti ze statute is merely deaurcn of e , it caablennot common law, it cannot be interpreted to abrogate v. Hesa, 10 Alaska 174 (1941); Turnbull v. Bonkuw,ki, 419 F.2d 104 (9th Cir. 1969); modify the or common law ruto alto when, with respect to the anniversary Alaska Christian Bible Test, v. State, 772 P.2d 1079 (Alaska 1989), Common attains a given age. Turnbull v. Bonlwsk 104 (9th Cir 1969). date ocowsk birth, one i 429 F 2d law. — At common law it was estab- iiehad if the last day on which an act was to be The supreme court is enjoined by the legisla• b lure o observe theprovlsions colof le20, performed fall on a Sunday, then that Sunday was occluded and the time was 0the is g any issue relating to this section extended to the fallowing day. Wads v. Dworkin, 407 P,2d 587 (Alaska 1965). and its applicability to the five-day recount provision of AS 15.20.430. Wade v, Dworkin, The common-law rule is that when the period of time within which an act is to be performed exceeds 1965). 407 P.2d 587 (Alaska Computinglimitathm one week, an intervening Sunday is included in the One commit Comm ation. Wade v, Dworkin, 407 P.2d nderAS 15,20,480.._In commuting the five-da y period of limitation prescribed 6-20.430, 587 (Alaska an intervening Sunday is to b bydAd d Civ. R. 6(a) on computation of time t, similar to :is section in certain regards. David v. Sturm, Roger Co., 557 P.2d 1113 (Alaska 1976). Legislative intent. — The legislature, by virtue of enactment of this section, manifested its intent to elude Sundays in the computaikal of time only rem Srmday falls on the last day of a period in cation. Wade v. Dworkin, 407 P,2d 687 65). (Alaska the phrase "unless the last day is a holiday, and in it is also excluded" was intended by the logiela- re to exclude e Saturday when court is not in afon and the offer of the clerk is closed. David v, mm, Roger & Co., 657 P.2d 1133 (Alaska 1976). Vhea the act required to be performed within a tam Period of'timc is the filing of pleadings with court, the manifest intent of the legislature ap- rs to require exchndan of :the last day from the.. Putation if it should fall on a day wban the courts closed. David v, Sturm, Ruger & Co„ 557 P.2d 3 (Alaska 1976). ioliday" defined. �— "Holiday" has been defined s day upon which the usual operations of business suspended and the courts closed, and, generally, =gat pmeess as served." David v, Sturm, Roger & 557 P.2d 1138 (Alaska 1976) to the purpose of this section, Saturday is a rt holiday. David v. 1133 (Alaska 1976). Sturm, sugar & Co., 557 u a . Wade v. Dworkin, 407P,2d 587 A e 1965). - (Alaska Computation of the limitations period pro- vided by AS 09-10.070 subsequent to the removal of the disability of minority is to be made by excluding the first day and including the last. Turnbull v. 419 1' ski, 274 F. Supp. 733 (D. Alaska 1967), afNd, 419 &',2d 104 (9th Cir. 1969). Filing appeal. —. ITnder this section, the day on which the judgment is entered should be concluded in computing the time within which anapplication for an appeal must be filed. Mahan v. Sparks, 10 Alaska 292 (1942). Computation for purpose, of opa,ability of statute, —. AS fI-10.080 did not prevent the 2001 amendment to AS 28.35.030(n) from going, into effect on July 4, 2001, where the bill had been signed by the governor on July 3, 2001, as AS 0IJ0.080 was s codification of the comma -law rule governingthe computation of time for the doing of an act required by I aw, and did not affect the enactment of a law. Fowler v. State, 70 P.3d I106 (Alaska Ct. APp, 2003). Applied in Silr'des v. Thomas, 559 P.2d 80 (Alaska 1977); Reed v. Municipality of Anchorage, 741 P.2d lt 1.181 (Alaska 1987), Foltz -Nelson Architects v. bankKObY, 749 P.2d 1347 (Alaska 1986); Fields v. Fair- banks N. Star Borough, 818 P.2d 658 (Alaska 1991). Quoted in Fairbanks N. Star Borough v. Tundra Tours, Inc., 719 P,2d 1020 (Alaska 1986). Cited in Jenkins v. Daniels, 751 P.2d 19 (Alaska 1988). 01.10.060. Retrospective statutes N l therein, {§ 7 ch 62 SLA 1962) o statute is retrospective unless expressly therein, AS § 44.62.310 Page 1 West's Alaska Statutes Annotated Currentness Title 44. State Government Chanter 62, Administrative Procedure Act 1 Article G. Open Meetings of Governmental Bodies § 44.62.316. Government meetings public (a) All meetings of a governmental body of a public anthy of the state are open to the public except as otherwise provided by this section or another provision of law. Attendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing. Agency materials that are to be consid- ered at the meeting shall be made available at teleconference locations if practicable. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. The vote at a meeting held by teleconference shall be taken by roll call. This section does not apply to any votes required to be taken to organize a governmental body described in this subsection. (b) If permitted subjects are to be discussed at a meeting in executive session, the meeting must first be convened as - -- - a public meeting and the question of holding ail executive session to discuss matters that are listed in (c) of this sec- tion shall be determined by a majority vote of the governmental body. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the pur- pose of addressing the subject in private. Subjects may not be considered at the executive session except those men- tioned in the motion calling for the executive session unless auxiliary to the main question. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a spe- cific legal maaer or pending labor negotiations. (c) The following subjects may be considered in an executive session: i rr, vnno •n,,..,,�,.n aP„r,..�iui��r �-„ r•i,�„, rn nr�n r re r.,,., iu..,•�� -. -226- AS § 44.62.310 least the following. Page 3 (1) the expense that may be incurred by the public entity, other governmental bodies, and individuals if the action is voided; (2) the disruption that may be caused to the affairs of the public entity, other governmental bodies, and individuals if the action is voided; (3) the degree to which the public entity, other governmental bodies, and individuals may be exposed to additional litigation if the action is voided: (4) the extent to which the governing body, in meetings held in compliance with this section, has previously con- sidered the subject; (5) the amount of time that has passed since the action was taken; (6) the degree to which the public entity, other governmental bodies, or individuals have come to rely on the ac- tion; (7) whether and to what extent the governmental body has, before or after the lawsuit was filed to void the action, engaged in or attempted to engage in the public reconsideration of matters originally considered in violation of this section; 1 (8) the degree to which violations of this section were wilful, flagrant, or obvious; (9) the degree to which the governing body failed to adhere to the policy under AS 44.62.31 a(al. (g) Subsection (f) of this section does not apply to a governmental body that has only authority to advise or make recommendations to a public entity and has no authority to establish policies or make decisions for the public entity. (h) to this section, (1) "governmental body" means an assembly, council, board, commission, committee, or other similar body of a public entity with the authority to establish policies or snake decisions for the public entity or with the authority to advise or make recommendations to the public entity; "governmental body" includes the members of a subcom- _ mince or other subordinate unit of a governmental body if the subordinate unit consists of two or more members; (2) "meeting" means a gathering of members of a governmental body when (A) more than three member or a majority of the members, whichever is less, are present, a matter upon which the governmental body is empowered to act is considered by the members collectively, and the governmental body has the authority to establish policies or make decisions for a public entity; or (B) the gathering is prearranged for the purpose of considering a matter upon which the governmental body is empowered to act and the governmental body has only authority to advise or make recommendations for a pub- lic entity but has no authority to establish policies or make decisions for the public entity: (3) "public entity" means an entity of the state or of a political subdivision of the state including an agency, a board or commission, the University of Alaska, a public authority or corporation, a municipality, a school district, rft?Aho tint laim to h.in I r,"v phrkc -227- AS § 44.62.310 Page 2 (1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity; (2) subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion; (3) matters which by law, municipal charter, or ordinance are required to be confidential; (4) matters involving consideration of government records that by law are not subject to public disclosure. (d)'Ihis section does not apply to (1) a governmental body performing ajudiciai or quasi-judicial function when holding a meeting solely to make a decision in an adjudicatory proceeding; (2)juries; (3) parole or pardon boards; (4) meetings of hospital medical staff; (5) meetings of the governmental body or any committee of a hospital when holding a meeting solely to act upon matters of professional qualifications, privileges or discipline; (6) staff meetings or other gatherings of the employees of public entity, including meetings of an employee group established by policy of the Board of Regents of the University of Alaska or held while acting in an advi- sory capacity to the Board of Regents; or (7) meetings held for the purpose of participating in or attending a gathering ofa national, state, or regional orga- nization of which the public entity, governmental body, or member of the governmental body is a member, but only ifno action is taken and no business of the governmental body is conducted at the meetings. (e) Reasonable public notice shall be given for all meetings required to be open under this section. The notice must include the date, time, and place of the meeting and if, the meeting is by teleconference, the location of any telecon- ferencing facilities that will be used. Subject to posting notice of a meeting on the Alaska Online Public Notice System as required by AS 44.62.175(a), the notice may be given using print or broadcast media, The notice shall be posted at the principal office ofthe public entity or, if the public entity has no principal office, at a place designated by the governmental body. The governmental body shall provide notice in a consistent fashion for all its meetings. (f) Action taken contrary to this section is voidable. A lawsuit to void an action taken in violation of this section must be filed in superior court within 180 days after the date of the action. A member of a governmental body may not be named in an action to enforce this section in the member's personal capacity. A governmental body that vio- Cates or is alleged to have violated this section may cure the violation or alleged violation by holding another meet- ing in compliance with notice and other requirements of this section and conducting a substantial and public recon- sideration of the matters considered at the original meeting. If the court finds that an action is void, the governmental body may discuss and act on the matter at another meeting held in compliance with this section. A court may hold that an action taken at a meeting held in violation of this section is void only if the court finds that, considering all of the circumstances, the public interest in compliance with this section outweighs the harm that would be caused to the public interest and to the public entity by voiding the action. In making this determination, the court shall consider at 1 ar 7nno -228- AS § 44.62.310 Page 4 and other governmental units of the state or a political subdivision of the state; it does not include the court system or the legislative branch of state government. CREDIT(S) SLA 1959, art VI, ch. 1, ch. 143, § l; SLA 1966, ch. 48, § 1; SLA 1969, ch. 78, § 1; SLA 1969, ch.7, § 1.; SLA 1972, ch. 98, §§ 1, 2; SLA 1972,.ch. 100, § 2; SLA 1976, ch. 189, § 1; SLA 19855 ch. 54, §§ 2, 3; SLA 1990, ch 201, 1$2; SLA 1991 ch. 74 & 7; SLA 1994. eh 69 ti& 2--8; SLA 2000, ch 54o 7, CROSS PEFERENCES Open meeting guidelines, see § 24 60 037. LAW REVIEW AND JOURNAL COMMENTARIES Inspection and discovery of state records in Alaska. Margot 0. Knuth, 4 Alaska L. Rev. 277 (December 1987). LIBRARY REFERENCES Administrative Law and Procedure 124, Westlaw Key Number Search: 15Ak 124, C.J.S. Public Administrative Law and Procedure &@ i7 to 35. RESEARCH REFERENCES ALR Library 9 ALR 6th 177, Construction and Application of Political Question Doctrine by State Courts. 114 ALR 5th 1, Sufficiency of Particular Charges as Affecting Enforceability of Recall Petition. Treatises and Practice Aids Administrative Law and Practice S 3.61 State Open Meetings Statutes, NOTES OF DECISIONS In general i Advisory entities 8 Alaska bar association 20 Colleges and universities 18 Declaratory Judgments 23 Elections 16 Small exchanges 5 Employee evaluations and terminations 12 Executive sessions 4 Informal meetings Irl 4n0e Tfinmann Rmrv<ra/tUPat xfn rvAi— t, flan I rC -229- Kenai Police Department J� L:41 I to] et I I M171 .1. To: Rick Koch, City Manager Fm: Gus 3andahl, Police Chief 14 Date: 5/11/2009 Re: Animal Control Position On 5/5/09, Brett Reid was promoted to Chief Animal Control Officer. This created a vacancy in the full-time assistant officer position. Christi Matti is currently the part-time assistant officer, who has been working a 40 hour week to help with staffing. Although Christi is a relatively new employee, she is doing a good job as the assistant officer. Animal Control has had several temporary positions for the last several months, due t6 losing two-thirds of their work force this winter. I am requesting to move Christi Matti from the part-time officer to the full-time officer, without going through the usual advertising and hiring process. This will bring immediate and added stability to the Animal Control shelter. If you approve, then we will only need to advertise and proceed with a hiring process for the part-time assistant officer position. I appreciated your consideration. ® Page 1 -230- From: Bob Malloy<bob@ molloyforcouncli.com> Subject: Re: Public Records Requests Date. May 1, 2009 11:28:22 AM ADT To: Doug Shumway <dshumway@foiasystems.com> Dear Mr. Shumway: Thank you very much for your inquiry, "I pass on your inquiry, contact information, and web site link to the City Administration and City Council for review and consideration. The review and discussion stage is in process for awhile, and consideration should be given to the extent that technology can be used for efficiency. Bob Molloy 110 S. Willow St., Ste. 101 Kenai, Alaska 99611 283.7373 • 283.2835 moiloylaw@ak.net On May 1, 2009, at 10:54 AM, Doug Shumway wrote: Dear Bob — I'm writing you in regards to the upcoming vote and your comments about the public record request access. We work with municipalities and provide a system to improve customer service and access to citizens, while automating the request process for staff. Our clients have reported a 1-2 day improvement on the release of documents and saving up to 30 minutes per request processing them. Please visit our website for more information and we have an online one minute demo, as well, In addition, we're willing to provide the city with a no -cost pilot program of the system. Please advise of any interest and the best approach. Best Regards, Doug Shumway (630.689.0218 dshumway@foiasystems.com 630.888.5792 (Cell) 630.689,0219 (F) www,FOIASystems.com This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, -231- The Complete FOIA and Open Accords System for Muoicipalitim. F IAsysti=ms Home I Company j Products I Services and Support 1 FOIA Network I clients About Us 4han0gtlehelawo,-usA,sdvlottw4,kaka,vtljtnkhtpnata'p-muv,sir acAmtnxLsthefitowt. )o,« F. K4.tdy Our History The FOIA Systems team has been providing service solutions to municipalities and agencies for over six years, including over 100 successful implementations of citizen request management (CRM) and 311 systems. The senior leadership team has successfully overseen projects nationally, including the cities of El Paso, jersey City, Fullerton, Norfolk, Abilene, Naperville, Garland, among many others. Many of our clients began experiencing a rapid increase in the volume of public records requests, while dealing with a growing movement towards greater governmental transparency, we sat down with clients large and small, talked with attorneys, and even met with some Attorney General's Offices to truly understand the impact of public records requests on local governments. As result of many conversations and long hours, FOIA Systems is the only FOIA and Open Records System dedicated to municipalities and agencies. Our goal is to help municipalities and agencies evolve from a labor-intensive, manual process to an efficient automated process. With an automated process, staff members quickly gain the most valuable resource - time. mt Company News Major Milestones'. RequestADemo - The FOIA Systems team t Downbad Dataehaet successfully launches over 100-------- CRM and 311 Clients ? 40 Confect Us - The first FOIA and Open g (, Join the FOIA Nefvok Records system dedicated to municipalities and local .. agencies - Selected as Business Service Partner by Texas Municipal League - Launching the POIA Network the first online portal for FOIA and Open Records professionals - Acceptance as a Laserfiche Development Partner, for a truly integrated records solution FOIA Systems Presenting at Laserfiche user Group in 3anuary BY: Doug ShUrrivOy January Znd See the Document Management Connector seamlessly intergrate with Laserfiche FOIA Systems Attending the TML Conference By: Doug Shumway October 28th Come by visit us at booth k507 at the TML conference In San Antonio FOIA Systems Expands Implementation Team BY; Doug Shumway October 16th Help us welcome our newest team members, joining the implementation team to support our continued growth. is 2008 FOIA Systems, INC. All Rights Reserved Privacy And . li dosur • L2,Ltc U,5, 925 W. State Street I Suite 2I2 1 Geneva, IL 60134 1866-601-FOIA (3425} hap'!lwww.fainsymunsmm7abnni us.htm _232- V IA39 11:13 AM Tho Complete FOIA and Open RomNs System far ki4rHpalif!as. EC[ASy_stem! Home Compam{ i products ) Sawmes-and Support FDtA-Now 'k Cliams .. r : . C rients Asraisfiae si ,, tx rhd hest humv,sa Ar tilge of a11.:. .._ _ _._. kAbout Our Customers 1 ,`- RegllazADemo i•' I Our customers represent all types of murricipa([tias and agencies that vary greatly on 3 Download Datasheet �: population size, state law requirements, business process rules, but despite their differences --- ., they share a number of common ideas and goals, '-- Recognize the past and future trends of the open government and public records laws p (uola ttie E�VlNefuuk y * Resolute to automate a very manual process t �. * Desire for more time to effectively manage their many other duties " * Understand the importance of compliance and immediate access to information l '.9 Why did they select FOIA Systems? T ..,,ryam�,y The City Attorneys Office took over the Open Records process for the cBt�'tR{ S aentire city and all departments, with the goal of faster response Imes - Population: and more eff!cient processing of requests. FOIA Systems was selected 220,000 as the solution to achieve their strategic objectives. 1� The City Clerk's Office selected FOIA Systems to automate the staff - population: and information process for requests that require multi -departments! 150,000 coordination, i ` The City Secretary'sOffice was lookingfor a wa to manage a growing Y 1' 9 9 9 on/Le'l:t -� volume Of requests with existing staff. FOIA Systems was selected to automate the entire open records process, therefore saving valuable i� Population: staff time. 60,000 „r ' r4ap�pChe* The City Secretary's office wanted to improve coordination across population: departments and track staff time associated the managing open ff 29,000 records °OIA Systems was selected to automate the process -while providing detailed reporting on staff time to comply with Texas' newly r( created 36 hour rule. xa. The Town Manager's office saw an opportunity to have complete - I - reporting on the entire open records process and continue to meet the A bDISON organizational goals of access to government and customer service tj ,i Population: delivery, 8,000 1 5 rk ;a fd 200E FOIA Systems, INC. All Rights Reserved. Arm v A, p' �^, Contact tls. 825 W. State Suess Sulte 212 j Geneva, iL 60134 1866-601-FOIA l3426) 511109 11:21 AM nttp:Nwww.foiasystems.me olients.htm -233- 1 of 1 The Compiee FOIA mid OF, Renords System fur Municipalities. FCIEAsyst�ri„�` Home I Company j Products I Services and Support FOIA Complete I FOIANehvork ( Clients '�. Evolving the process for All Municipalities Customer Quote e{flctewcy� 4s eAcLwt3 ticker lahsk fs etrtad� tviv.g dow. f Itef Arudxar The FOIA Complete system is evolving the public 'Jam extremely pleased with the records process for municipalities of all sizes, Complying with public records laws is not optional or FOIA system. It is simple to use any less demanding for smaller organizations. In and we were up and running w/th very little training. The ability ro fact, It's typically more difficult for smaller customize is fantastic and the organizations with limited staff and resources to dedicate to public records requests. customer servant is unlike any 1 have experienced.: highly The FOIA Complete system allows smaller recommend the FOIA SyStem products." municipaiitl=_s to move off paper andd spreadsheet spreadsheet tracking techniques Into a more formal records MS. life Fuller request tracking process. This neaps the municipality City Secretary save time and reduce deadline anxiety, And, through City of Nacogdoches, TX comprehensive reporting, FOIA Complete also furnishes management with complete insight on the staff time, total costs, and status of all public records activities, Key points Because municipalities of all sizes must balance ° Designed for smaller or lower needs against budgets, F01A Complete starts at $75 volume municipalities per month to manage up to 250 open records requests each year. This allows the smallest Easily expandable if your communities to immediately benefit with an request volume or staff improved process. needs change * Up to five staff member_ and up to ISO requests per year ` Pricing starts at $125.00 per month System Features FOIA Complete POIA Enterprise Auto -Routing Auto -Notifications Custom Fields Up to 5 ❑nPinited Requester Tracking Fees Tracking b Fees Estimates r•' .,d' Payment Tracking y'' Staff Time Tracking. y` .f Business Rules Engine Up to 3 Rules Unlimited Letter and Email Templates Up to 5 Unlimited Escalation Engine Up to 3 Rules Unlimited Audit Logs w� sr' Standard Reporting y' Custom Reporting rol Report S&eduler Yf Security Profiles , Online Portal Knowledgebase ,r Doc, Mgt, System Interface Email Archiving e Unlimited Users Miry//wwnv,foinsysfems.coin/toia_compiere,hrm 23 �:" RequestA Oemo •'`, Download Oaiasheet L'S7 Contact Us R Jain the F01ANelwnk 511109 11 15 AM The Complete FOIA and Opcn Records System for M,.kil el o., 5illrl) 11:i' AM EQFi''i.Eiifst 5 is Records Request Enterprise Solution Customer Quote 'FOIA Enterprise is FOIA Systems' public records ;bequest tracking system designed for those ';fmunicipaltues that have discovered that their current '..'jpubllc records request process Is now mom ;complicated and requires more people to coordinate liactivitles across many departments. These -'municipalities have a high volume of records '..requests; need unlimited staff access, or desire -.complete customization around their management of 4 remrds requests. They rely on the FOIA Enterprise `!!system to completely automate their processes in '$order to save valuable staff time. !1 Whether from department to department, or even ^,;,from staff member to staff member, FOIA Enterprise completely customizes itself to any --I'lbushess process. And, through comprehensive l'reporting, FOIA Enterprise provides complete insight :ion the staff time, total costs, and status of all public ;!records activities to all management. %IFOIA Enterprise pricing starts at a few hundred jdoliars per month, Pricing is based upon population ,+and request volume so that all municipalities can l easily afford the only system dedicated to r-,automating the public records process at the local level, 'T am exhsmaly pleased with the FOIA system. It is simple to use and we were up and running with very little training. The ability to customrce is fantastic and the custarner service is unlike any I nave experiences, I highly recommend the FOIA system p idudts.' Ms. Lila Fuller City Secretary City of Nacogdoches, T% Key Points Automate requests across multiple departments ` Works with centralized or decentralized organizations * Unlimited requests and unlimited staff members * Pricing starts at a few hundred dollars a month System Features FOIA Complete - Auto -Routing yr 'f j Auto -Notifications , Custom Fields Up to 5 { Requester Tracking N/ Fees Tracking r. Fees Estimates >,F } ..............Payment Tracking Staff Time Tracking P Business Woes Engine Up to 3 Rules 'S Letter and Email Templates Up to 5 Escalation Engine up to 3 Rules .{ Audit Logs 1 Standard Reporting of Custom Reporting `In Report Scheduler Securty Profiles V, Online Portal 4' Knowiedgebase a Doc. Mgt. System interface hUPalwww.td2syxrems.com/foit� enterprise.him -235_ POTA Enterprise V VI Unlimited k'y a' Nr Unlimited Unlimited Unlimited r. -� ReguastA Oanao .{ �. Oombaa Oarasheet. 60 Corinatus f� Join Ite FOIA NaMcnk 1 of 2 a The Complac FO:A end Opon Records Syxtom for Mwudpallcas. 5/110911:17 AM SPECIAL USE PERMIT The CITY OF KENAI (City), 210 Fidalgo Avenue, Kenai, Alaska, for the consideration and pursuant to the conditions and requirements set forth below hereby grants to: Chugiak Baptist organization E310 surnmerset ¢Helve Anchorage Alaska 99518 :4ereinafter sometimes referred to as the PER6AITTEE, the non-exclusive right to use the premises of the north beach and south beach for providing volunteer outreach services related to the Personal Use Fishery. The location of the area (premises) is shown on Attachment A. 1. Term: The term of this Special Use Permit is from July 15, 2009 until July 28, 2009. Fees: There shall be no rental or use fee. 3. Use: The non-exclusive use by the PERMIT TEE of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise specified. This is also subject to the reasonable administrative actions of the City for the :management of the Personal Use Fishery on City premises. PERMI E fEE agrees to cease offering free food and/or drinks in the event the city notifies, in writing, that a For -Profit vendor desires to set up with intent to sell food and/or drinks. PERMITTEE agrees to adhere to all federal, state and local laws, including but not limited to, Department of Environmental Conservation (food handling) and Alaska Department of Fish & Game (Personal Use Fishery). 4. No partnership or Joint venture created: It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of PERMI'ITEE 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 grantor and permittee. S. solicitation: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or above City lands without the written consent of the City, is prohibited. SPECIAL USE PERMIT — ALASKA MISSIONS Page I -237- 5. Removal of Property: Any or all personal or real property plated or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City, and when so removed and/or impounded, such property maybe redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. 7. Risks. PEP.MiTTEE will provide all proper safeguards and shall assume all risks incurred in performing its services hereunder. 8. fioid Harmless: PERMITTEE TEE agrees to save the City harmless from all actions, suits, liabilities, or damages resulting from, or arising out of, any acts of commission or omission by the PERMITTEE, his/her agents, employees, customers, or invitees, or arising from or out of the PERMITTEE's occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. 9. Forbearance: Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 10. insurance: The PERMITTEE shall provide proof of insurance coverage, including workers compensation, if necessary, in an amount satisfactory to the City Manager, and fisting the City as an additional insured. 11. Mutual Cancellation: Special Use Permits in good standing may be cancelled in whole or in part at any time upon mutual written agreement by PERM117EE and the City Council, 12. PerrnMee wilt coordinate use of the premises with the City as it relates to: 1) aiding with traffic control, 2) setting up of tents/canopies & Bounce Houses, 3) placement of filet stations, 4) placement of warming fires, 5) dune proter ion/monitoring and fence maintenance; and b) trash collection. 13, city agrees to provide five (5) parking spaces at no cost on the north beach parking lot to accommodate volunteer effort. Similar accommodations will be made on the south beach as needed: 14. city agrees to provide, as it deems needed, materiai/supplies to aide in the function of trash removal (bags), fence repair (zip ties), and traffic control (safety vests). The City furthermore agrees to coordinate and work cooperatively on the above -mentioned activities to the extent practicable and provide the necessary briefings as required. 15. Permfttee agrees to provide to the City, within one (1) month of the closure of the Personal User Fishery, a report recapping services rendered. SPECIAL USE PERMIT — ALASKA MISSIONS Page 2 P49 s CITY OF KENAI Rick R. Koch City Manager ALASKA MISSIONS STATE OF ALASKA } )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _day of May 2009, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of May 2009, of the Alaska Mission, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: SPECIAL USE PERMIT -ALASKA MISSIONS Page 3 -239- r Prepared for- City of Kenai Prepared by. Brenda Crim Date, April 22, 2009 Proposal- 2009 Where else but in Alaska.... do people DIP NET ocean -fresh salmon out of the coastal waters at the mouth of the great Kenai Raver? Hundreds of Alaskan families make an annual mecca to Kenai Beaches together to fill their freezers with this savory fare, camping out in primitive conditions. They are hauling in ice chests, tents, & nets and are there for a weekend of harvest. RR r. 4' a r51e .x 4�11 i 4;' ♦.v3 ■ I JiQ evening bonfires,and IM Project Strategist: Brenda Cr°im, 8310 Sum merset Drive, Anchorage Alaska 99518 1c11M 907-351.5654 (cell) Career Missionary, North American Mission Hoard, Alaska 2005 - present Campus Ministry Director, 25 yrs (University of Alaska, University of Louisiana, Texas A&M University, University of Texas) Education: Texas A&M University BS 1983 Southwestern Baptist Theological Seminary MDiv 1988 Baylor University EdD in dissertation First Baptist Church, Kenai Pastor Robin Davis, contact First Baptist Church, Soldotna Ruby Stogsdill, contact College Heights Baptist Church, Soldotna Pastor Scott Coffman, contact First Baptist Church First Baptist Church First Baptist Church Liberty Baptist Church Mobberly Baptist Church `fop of Texas Association Texas GoNow Missions University of Louisiana University of Mobile Individuals Cornerstone Baptist First Southern Baptist God's Word of Life Grace Baptist Church Greenwood Baptist Kathleen Baptist Church Mobberly Baptist Shadow hills Church Gentry, AR Lafayette, LA Nederland, TX FIowood, MS Longview, Texas Perryton, TX Baptist College Students, TX Lafayette, LA Mobile, AL Austin, Tic; Taylor, TX Lone Tree, CO Salina, KS Pittsburgh, FA Virden, IL Valdosta, GA Lakeland, FL Longview, TX Las Vegas, NM Im Stonegate Fellowship Midland, Texas Texas GoNow Missions Baptist College Students, TX University of Louisiana Lafayette, LA Individuals Pensacola FL; Lexington, TX; Roanoke, VA r i C; z . A bunch of Cajuns and Rednecks from Baton Rouge, Louisiana (These guys feed all our volunteers every evening at First Baptist Church, Kenai 150 volunteers (75 on North Beach) Brenda Crim, On -site Coordinator (75 on South Beach) David George, On -site Coordinator July 15 Wed Volunteers Arrive in Anchorage, drive to Kenai July 16 Tburs Orientation & Training July 17 Fri Salmon Frenzy July 18 Sat Salmon Frenzy July 19 Sun Salmon Frenzy July 20 Mon Sightseeing Day (multiple options) July 21 Tues Depart Kenai, drive to Anchorage, Depart Alaska 150 volunteers (75 on North Beach) Brenda Crim, On -site Coordinator (75 on South Beach) David George, On -site Coordinator July 22 Wed Volunteers arrive in Anchorage, drive to Kenai July 23 Thurs Orientation & Training July 24 Fri Salmon Frenzy 9 am July 25 Sat Salmon Frenzy July 26 Sun Salmon Frenzy July 27 Mon Sightseeing Day (multiple options) July 28 Tues Depart Kenai, drive to Anchorage, Depart Alaska £ B tl Friday, Saturday, Sunday Most Activities: 9 are -6 pm Beach BOUNCE Houses 'Traffic Control Kids get their exercise while having a blast Aiding in flow of traffic -244- SPECIAL USE PERMIT The CITY OF KENAI (City), 210 Fidalgo Avenue, Kenai, Alaska, for the consideration and pursuant to the conditions and requirements set forth below hereby grants to: Chugiak Baptist organization E310 surnmerset ¢Helve Anchorage Alaska 99518 :4ereinafter sometimes referred to as the PER6AITTEE, the non-exclusive right to use the premises of the north beach and south beach for providing volunteer outreach services related to the Personal Use Fishery. The location of the area (premises) is shown on Attachment A. 1. Term: The term of this Special Use Permit is from July 15, 2009 until July 28, 2009. Fees: There shall be no rental or use fee. 3. Use: The non-exclusive use by the PERMIT TEE of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise specified. This is also subject to the reasonable administrative actions of the City for the :management of the Personal Use Fishery on City premises. PERMI E fEE agrees to cease offering free food and/or drinks in the event the city notifies, in writing, that a For -Profit vendor desires to set up with intent to sell food and/or drinks. PERMITTEE agrees to adhere to all federal, state and local laws, including but not limited to, Department of Environmental Conservation (food handling) and Alaska Department of Fish & Game (Personal Use Fishery). 4. No partnership or Joint venture created: It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of PERMI'ITEE 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 grantor and permittee. S. solicitation: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or above City lands without the written consent of the City, is prohibited. SPECIAL USE PERMIT — ALASKA MISSIONS Page I -237- 5. Removal of Property: Any or all personal or real property plated or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City, and when so removed and/or impounded, such property maybe redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. 7. Risks. PEP.MiTTEE will provide all proper safeguards and shall assume all risks incurred in performing its services hereunder. 8. fioid Harmless: PERMITTEE TEE agrees to save the City harmless from all actions, suits, liabilities, or damages resulting from, or arising out of, any acts of commission or omission by the PERMITTEE, his/her agents, employees, customers, or invitees, or arising from or out of the PERMITTEE's occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. 9. Forbearance: Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 10. insurance: The PERMITTEE shall provide proof of insurance coverage, including workers compensation, if necessary, in an amount satisfactory to the City Manager, and fisting the City as an additional insured. 11. Mutual Cancellation: Special Use Permits in good standing may be cancelled in whole or in part at any time upon mutual written agreement by PERM117EE and the City Council, 12. PerrnMee wilt coordinate use of the premises with the City as it relates to: 1) aiding with traffic control, 2) setting up of tents/canopies & Bounce Houses, 3) placement of filet stations, 4) placement of warming fires, 5) dune proter ion/monitoring and fence maintenance; and b) trash collection. 13, city agrees to provide five (5) parking spaces at no cost on the north beach parking lot to accommodate volunteer effort. Similar accommodations will be made on the south beach as needed: 14. city agrees to provide, as it deems needed, materiai/supplies to aide in the function of trash removal (bags), fence repair (zip ties), and traffic control (safety vests). The City furthermore agrees to coordinate and work cooperatively on the above -mentioned activities to the extent practicable and provide the necessary briefings as required. 15. Permfttee agrees to provide to the City, within one (1) month of the closure of the Personal User Fishery, a report recapping services rendered. SPECIAL USE PERMIT — ALASKA MISSIONS Page 2 P49 s CITY OF KENAI Rick R. Koch City Manager ALASKA MISSIONS STATE OF ALASKA } )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _day of May 2009, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of May 2009, of the Alaska Mission, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: SPECIAL USE PERMIT -ALASKA MISSIONS Page 3 -239- r Prepared for- City of Kenai Prepared by. Brenda Crim Date, April 22, 2009 Proposal- 2009 Where else but in Alaska.... do people DIP NET ocean -fresh salmon out of the coastal waters at the mouth of the great Kenai Raver? Hundreds of Alaskan families make an annual mecca to Kenai Beaches together to fill their freezers with this savory fare, camping out in primitive conditions. They are hauling in ice chests, tents, & nets and are there for a weekend of harvest. RR r. 4' a r51e .x 4�11 i 4;' ♦.v3 ■ I JiQ evening bonfires,and IM Project Strategist: Brenda Cr°im, 8310 Sum merset Drive, Anchorage Alaska 99518 1c11M 907-351.5654 (cell) Career Missionary, North American Mission Hoard, Alaska 2005 - present Campus Ministry Director, 25 yrs (University of Alaska, University of Louisiana, Texas A&M University, University of Texas) Education: Texas A&M University BS 1983 Southwestern Baptist Theological Seminary MDiv 1988 Baylor University EdD in dissertation First Baptist Church, Kenai Pastor Robin Davis, contact First Baptist Church, Soldotna Ruby Stogsdill, contact College Heights Baptist Church, Soldotna Pastor Scott Coffman, contact First Baptist Church First Baptist Church First Baptist Church Liberty Baptist Church Mobberly Baptist Church `fop of Texas Association Texas GoNow Missions University of Louisiana University of Mobile Individuals Cornerstone Baptist First Southern Baptist God's Word of Life Grace Baptist Church Greenwood Baptist Kathleen Baptist Church Mobberly Baptist Shadow hills Church Gentry, AR Lafayette, LA Nederland, TX FIowood, MS Longview, Texas Perryton, TX Baptist College Students, TX Lafayette, LA Mobile, AL Austin, Tic; Taylor, TX Lone Tree, CO Salina, KS Pittsburgh, FA Virden, IL Valdosta, GA Lakeland, FL Longview, TX Las Vegas, NM Im Stonegate Fellowship Midland, Texas Texas GoNow Missions Baptist College Students, TX University of Louisiana Lafayette, LA Individuals Pensacola FL; Lexington, TX; Roanoke, VA r i C; z . A bunch of Cajuns and Rednecks from Baton Rouge, Louisiana (These guys feed all our volunteers every evening at First Baptist Church, Kenai 150 volunteers (75 on North Beach) Brenda Crim, On -site Coordinator (75 on South Beach) David George, On -site Coordinator July 15 Wed Volunteers Arrive in Anchorage, drive to Kenai July 16 Tburs Orientation & Training July 17 Fri Salmon Frenzy July 18 Sat Salmon Frenzy July 19 Sun Salmon Frenzy July 20 Mon Sightseeing Day (multiple options) July 21 Tues Depart Kenai, drive to Anchorage, Depart Alaska 150 volunteers (75 on North Beach) Brenda Crim, On -site Coordinator (75 on South Beach) David George, On -site Coordinator July 22 Wed Volunteers arrive in Anchorage, drive to Kenai July 23 Thurs Orientation & Training July 24 Fri Salmon Frenzy 9 am July 25 Sat Salmon Frenzy July 26 Sun Salmon Frenzy July 27 Mon Sightseeing Day (multiple options) July 28 Tues Depart Kenai, drive to Anchorage, Depart Alaska £ B tl Friday, Saturday, Sunday Most Activities: 9 are -6 pm Beach BOUNCE Houses 'Traffic Control Kids get their exercise while having a blast Aiding in flow of traffic -244- JI Beach Kids Club Stations Games, activities, character lessons Salmon Frenzy Cafe & First Aid Station Free hotdogs from 11-3 prn Hot Chocolate, water bottles Green Team Bonfires Dune Protection: monitor & repair fence Beach Trash: collect trash on beach Beach Chapel Sled Dawgs Kenai Church hosts meet at the beach on Sunday 65'X40' Circus Tent 10, x 10' Canopy 20 X 10' Canopy 2 Bounce Houses, generator Filet filet tables and knife sharpeners Hotdog Grille Beach Kids' Club Site First Aid Station CaM & Grille Kids Activity first aid for minor cuts/abrasions sunscreen Evening campfire, marshmallows, & music Alaskan Residents carrying gear by sleds Alaskans helping Alaskans IM JI Beach Kids Club Stations Games, activities, character lessons Salmon Frenzy Cafe & First Aid Station Free hotdogs from 11-3 prn Hot Chocolate, water bottles Green Team Bonfires Dune Protection: monitor & repair fence Beach Trash: collect trash on beach Beach Chapel Sled Dawgs Kenai Church hosts meet at the beach on Sunday 65'X40' Circus Tent 10, x 10' Canopy 20 X 10' Canopy 2 Bounce Houses, generator Filet filet tables and knife sharpeners Hotdog Grille Beach Kids' Club Site First Aid Station CaM & Grille Kids Activity first aid for minor cuts/abrasions sunscreen Evening campfire, marshmallows, & music Alaskan Residents carrying gear by sleds Alaskans helping Alaskans IM How is forded? Sources of Funding: 1. Alaskan Baptist Churches & the North American Mission Board (they pay our salaries) 2. Kenai Peninsula host Churches (First Baptist, Kenai; First Baptist, Soldotna, and College Heights Baptist, Soldotna) They incur costs while hosting. 3. Volunteer Participants: they pay a participant fee which funds their expenses and the necessary supplies to operate the volunteer projects. 1. Personal Networks of strategist, Crim. The North American Mission Board is funded through the cooperative effort of 44,000 churches. 2. Recruiting Sites: search: Salmon Frenzy Beach Reach _ ... search: Salmon Frenzy Beach Reach 3. Salmon Frenzy Official Website: What other public events do We serve? .:` : Q[? i:," �.,r .: i Nome (March 12-18 and 19-25, 2010j IM ft•'_'_`r _-_tiK?, : r==rr ss r,,5_, cr rt search: Arctic Adventure: Iditarod Outreach , Nome Reference: Stan Hooley, Executive Director of the Iditarod Trail Committee 2: ,, � �eRdhest Catch" � rabF st in Kodiak Outreach and Hospitality .ccr , (May 1$-24, Zt304) **New Project** I: y xn E y 2t .. y—. •-..•. .u. n: - n 2008 Report North Beach Location ONLY 600 Gallons of Cocoa 5000 hotdogs given away 5000 bottles of water 178 Children in reach Kids Club 210 Volunteers: 140 volunteers, week one; 70 volunteers, week two Dune Fencing Repaired, monitored. `traffic Control: aided in garaging traffic flow Supplied 6 filet tables/sharpeners Trash patrol: volunteers with hefty bags gathering trash -247- EXPAND TO South Beach location, dual sites. 8000-10,000 hotdogs 3000-10,000 water bottles 1000 gallons of cocoa (depending upon weather) 300-350 children served in Beach Kids Club 260-300 volunteers (120 lower 48-ers and 20-40 Alaskans per week) Traffic Control Trash Patrol Filet Stations Dune/Fence Patrol & maintenance Economic ------------ K NAI RIVER Special Management Area "Working together... for the river" Kenai River Special Management Area Advisory Board *** Meeting Agenda*** Thursday, May14, 2009 5:30 p.m. Kenai River Center 1. CALL TO ORDER A. Roll Call B. Minutes Approval C. Agenda Changes and Approval [I. Public Comments Ill. REPORTS A. Agency and Government Reports a. State Parks —Sinclair, Russell b. DEC- Stevens C. ADF&G- Vania/ Begich d. USF&WS- West e. USFS/Chugach- Skibo f. City of Kenai- Ogle g. City of Soldotna- Micciche h. Kenai Peninsula Borough- Martin B, Committee Reports a. Guide Advisory b. Habitat c. River Use d. Permits e. Legislative/Government Activities f. Board Development g. Agenda/Board Structure/Housekeeping IV. OLD BUSINESS ACTION ITEMS b MAY e,$`2009 KENAZ C:IC A. Kenai Hydro Update - Begich B. By Law changes- Three year terms- Sinclair C. Deferred Maintenance Priorities- Sinclair V. NEW BUSINESS A. Guide Replacement Statute and considering an August meeting- Connors V1. CORRESPONDENCE Response from Governor on Capital budget requests VII. PUBLIC COMMENT Vili. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting September 10, 2009 5:30 p.m, Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907-262-5581 Kenai Peninsula Borough, 144 N. Hinkley, Soldotna, AK 99669 907-262.4441 i Kenai River Center 514 Funny River Road, SOldotna, AK 99669, 907-260-4882 Alaska Diva= of PetRs and Outdoor Recreaflcn, Department ^aturaf Resources, in cooperation with the Kenal Peninsula Borough KENAMER 1 c 11 1 , a Kenai River Special Management Area Advisory Board Minutes Kenai River Center Thursday, April 9, 2009 6:30 p.m. 1. Call to Order A. Members Present: Joe Connors, Ted Wellman, Brenda Trefon, Carol Padgett, Richard Dykema, George Heim, Jack Sinclair, Peter Micciche, Janet Schmidt, James Czarnezki, Wayne Ogle, Karen Kromley, Robert Begich. Absent: Milli Martin, Timothy Stevens, Adam Reimer, Bruce King_ Guest: State Parks Director James King B. The Minutes for March 12, 2009 were approved as written. C. Agenda Changes and Approval: Ted Wellman requested item C be added to new business portion of the agenda. If. Public Comments: Will Madison expressed his concern regarding bank erosion on his property and provided a letter to the KRSMA board. Ricky Geese, Executive Director of the Kenai River Sportfishing Association, spoke in regards to having a drift only boat launch on the Lower Kenai River. Monte Roberts, President of Kenai River Professional Guide Association, commented on drift only boat launch on the Lower Kenai River, Presentation: Sterling Highway Mile Post 45 to 60. Miriam McCulloch, Project Manager for DOT&PF, and Mark Dalton, HDR Alaska Project Manager. Mark Dalton reviewed three possible alternatives for the Sterling Highway Mile Post 45 to 60, Those three were the Juneau Creek Alternative, Cooper Creek Alternative, and the G South Alternative. Mark stated updated information can be found online at: www.sterlin,ghighway.net. Ili. Reports A. Agency and Government Reports Jack Sinclair, ADNRtParks; Welcomed and introduced State Parks Director James King, Director King thanked the board for the work and dedication to the River. Sinclair reported the rangers are at training this week. Starting in May the Alaska Conservation Corp (ACC) workers and volunteers will be back at work. A Swiftwater Rescue Class will be taking place in May for the river crew. State Parks will be working with the Kenaitze Tribe setting up a site stewardship program at Slikok Creek for the summer. Jack asked to be put on next month's KRSMA agenda, in order to setup priorities -for deferred maintenance. The. state will be doing their 2011 capital budget preparations this summer. Jack stated that he would send out an email with a complete list of items on deferred maintenance for the. Kenai River, Pam Russell, ADNRIParks, stated guides are starting to make appointments and come in for registering. Tim Stevens, DEC, was not present. Robert Begich, ADF&G, went over list of projects ADF&G has for the Kenai River drainage this summer. For king salmon, at River Mile 8.5, ADF&G will be doing their regular creel survey and running the king salmon sonar. Both projects begin May 16 and go thru July 31 or the end of king salmon season, They will be continuing genetic stock identification program on the middle Kenai River, above Soldotna Bridge to Moose River from mid -June through the end of king salmon season. Both early and late runs of king salmon are forecasted to be below average. For sockeye salmon, we will be doing the regular program at the Russian River weir. The division of commercial fisheries will be running smolt traps in the Russian - -250- River from early May through approximately the last week of June. Also, they will have smolt traps at Kenai Keys; river mile 43 from early May thru late June. They will be running their sonar site at Mile 19 on the Kenai drainage. New for this year, we are going back in Upper River to do a rainbow trout abundance estimate between Jim's Landing and Sportsman's. Also, they are going to try to take a look at Crescent Creek grayling, doing some radio tagging of adults and monitor those fish through the summer and collect some baseline data. They are finishing Arc Lake rotenone evaluation and are planning to move on and do a rotenone (a piscicide) at Scout Lake. Also, they are working with the Fish and Wildlife Service fisheries assistance office to install a remote weir and remote video weir on Soldotna Creek to monitor Pike movement. Janet Schmidt, USF&WS, very busy hiring seasonal employees and looking forward to being here for her first season. Karen Kromiey, USES/Chugach, reported that Travis Mosley is the new district ranger for the Seward district. We are going to do a temporary fence at Russian River on May 9r", 2009. Stream Watch volunteer orientation is scheduled for May 30th. Wayne Ogle, City of Kenai, suggested that KRSMA talk about the Drift boat launch and the ecological effects. The coast guard has approached the City of Kenai about locating their boat for this summer, Wayne suggested that KRSMA approach The Coast Guard and lay out some type of program that they could work on cooperatively. Peter Micciche, City of Soldotna, attended a planning and zoning meeting on April 1, 2009, There was a request for a variance, in which someone wanted to build on Riverside Drive. The commission thought it was closer than necessary, the board postponed the action, and they are requesting that the applicant come into the next meeting to encourage them to move back from the river. The developers for Soldotna Creek Park wanted to drain the parking lot into the grass instead of into the state's settling ponds; the City held fast so that would not occur. The City is working on reviewing parking ordinances. One of the major problems in Soldotna is wholesale removal of natural vegetation. The City of Soldotna has a. parking ordinance that requires too many parking spaces per square footage. We are hoping to reduce that by at least one-third, we passed an increase in the required remaining trees and natural vegetation left on residential lots this year. The City of Soldotna is in the middle of the new Comp Plan development. Everyone is encouraged to stop by and pick up a questionnaire at the City of Soldotna. The first draft of the Comp Plan is due on September 2009. Milli Martin, Kenai Peninsula Borough; was not present. B. Committee Reports Guide Advisory, Joe Connors, did not meet today. Habitat, did not meet today. River Use, Ted Wellman, met today from 2:30-4:30 pm; Ted reported their primary task today was to provide advice to Doug Whittaker on a draft questions and topics for the recreation survey; the committee worked through it and provided the necessary advice: Also, -the committee had a presentation from Will Madison and some discussion on how the river use committee might address some of the issues about alternative designs for fishing platforms and other areas. In addition, a proposal was discussed about making a change to PFD recommendation voluntary program, stating it should be changed to make it mandatory for canoeists and kayakers, to whom most of the fatalities have happened. Permits, Jim Czannezki, did not meet. LegislativelGovernment Activities did not meet. Board Development, Jack Sinclair, did not meet. Agenda/Board Structure/ Housekeeping, did not meet. Kenai River Special Management Area Advisory Board Minutes — April 9,2009 Page 2 of 4 -251- IV. OLD BUSINESS ACTION ITEMS A. Results of Priorities set by board — Top 20 - KRCMP Issues from workshop Jack Sinclair reported the results from today's meeting, they decided on the Top 9 Kenai River Comprehensive Plan Issues. Ted Wellman made the motion to pass Top 9 KRCMP issues. James Czamezki, seconded motion. Peter Micciche made motion to switch #4 and #6, because the '50 habitat protection ordinance should have priority. Amendment to top 9 KRCMP issues passedunanimously. Amended Top 9 KRCMP issues passed unanimously. B. Letter to Commissioners of Fish and Game, Natural Resources and Environmental Conservation The Department of Environmental Conservation has issued a request for proposals for the contract to do the turbidity study in July and August. Those are due April.22nd. JIM Czamezki stated there would be a turbidity study and a letter does not need to be written. C. Board endorsement of the PFD guidelines Motion was made to bring recommendation before the board. Brenda Trefon, seconded motion. Ted Wellman made a motion to amend PFD recommendation to include PFD's to be mandatory for kayakers and canoeist. Amendment was seconded by Richard Dykema. Amendment to PFD guidelines proposal passed unanimously. Amended PFD guidelines proposal passed unanimously. D. Statewide Teleconference Report- Sinclair Jack Sinclair reported that a statewide teleconference among all the state's advisory boards took place on March 18. Bruce King was the board's representative but is not in attendance at tonight's meeting. Sinclair encouraged the board to participate in future teleconference to stay informed on statewide issues for all advisory boards. V. NEW BUSINESS A. Update on HEA hydra project Jack Sinclair reported the six-month progress reports from Kenai HydrolHEA on the four creeks under permit for hydro studies on Kenai Lake, which include Grant Lake, Crescent Lake, Falls Creek, and Ptarmigan Creek. The reports explain what they have done in the last 6 months and what they intend to do in the next reporting period in the next 6 months. The one that is getting the most attention is Grant Lake. -252- The reports reference engineering environmental studies, stakeholder outreach, and other agencies they have contacted. Pam Russell stated they want to expand their stream gauges, fish with nets and poles in Grant Lake, and in the streams. They are proposing to do a rough trail along Grant Lake to get better access. B. Proposed Bylaw changes — Three year terms Joe stated the rational for the three year term is consistent with other advisory boards. Jack Sinclair referred to the draft with the options for phasing in the three year term proposal. Joe asked the KRSMA board to take the proposed bylaw changes into advisement and to let him know if they would like to see it on next month's agenda as an action item. C. Discussion regarding Drift Boat take-out on Kenai River Ted Wellman asked KRSMA to endorse the concept of a drift boat take-out on the Kenai River and encourage the agencies to be involved. VI. CORRESPONDENCE - NONE V11. PUBLIC COMMENT - NONE Vill, ADJOURNMENT A. Board Comments Jim Czarnezki stated the baseline testing will be April 28`", the July date is 23m. B. Date/Agenda of Next Meeting May 14, 2009 5:30 p.m. Kenai River Special Management Area Advisory Board Minutes — April 9,2009 Page 4 of 4 -253- 2009 7'.00 PM Regular Chambers, Soldcma,.Alasim Milli Martin I B. PLEDGE OF ALLEGIANCE Assembly President _ Seat 9 - South Peninsula T.ren Expires 2009 - {I C. INVOCATION Pete Sprague D. ROLL CALL Assembly Vice President Seat 4 - Soldoma Term Expires 2010 E. COMMITTEE REPORTS Paul Fischery Member AssemblyMember F. APPROVAL OF AGENDA AND CONSENT AGENDA Seat 7 - Central (All items Iisted with an asterisk (*) are considered to be routine and non -controversial b the Expires 2010 ,assembly and will be approved by one motion. There will be no separate discussion of theseTerm items unless an Assembly Member so requests, in which case the item will be removed from the Gary Knopp Consent Agenda and considered in its normal sequence on the agenda.) Assembly Member Seat 1-Kedifornsky G. APPROVAL OF MINUTES Term Expires 2009 n' ng * I. May 5, 2009 Regular Assembly Meeting Minutes ably Member Seat 6 - East Peninsula H. COMMENDING RESOLUTIONS AND PROCLAMATIONS Term Expires 2009 Charlie pierce I. A Commending Resolution Recognizing Aubree Day for Assembly Member Receiving Regional, State and National Awards in the PTA Seat S-SterlmeFumwy River Reflections Program (Superman) ..... 1 " " " " " " " " " Terra Expires 2011 " ' Hat Smalley I. PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) Assembly Member seat•2-Kenai Ternz Expires _ 011 1, Melody Douglas, CFO, Kenai Peninsula Borough School District, "School District Issues" (10 minutes) ................... 12 Bill Smith Assembly Member J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON HE Seat 8-Homer Term Expires 2011 AGENDA (3 minutes per speaker, 26 minutes aggregate) Gary Superman K. MAYOR'S REPORT ..................................... . 14 Assembly Member . Seat 3 - Mkiski Term Expires 2010 1. Assembly Requests/Responses a. Road Service Area FY2010 Capital Improvement Projects.......................................15 May 19, 2009 Page 1 of 6 -254- NL May 19, 2009 2. Agreements and Contracts a. Authorization for Award of Contract for Central Peninsula Landfill Gas Monitoring Well Station .................. .... 18 b. Authorization to Award Contract for Sweeping and Removal of Sand and Gravel from Various Borough Facility Parking Lots ............ 20 C. Sole Source Request - Datascope Corp., System Upgrade for Phase 2 of South Peninsula Hospital Expansion .. , . , , 22 d. Sole Source Cooperative Agreement between KPB and Chugachmiut to Hire a Seasonal Firefighter Crew ............................. 23 e. Waiver of Formal Bid Procedure to Purchase a Boat, Motor, and Trailer for the Kenai River Center .............................. 24 3. Other a. Budget Revisions April 2009 .................. . .. .......... 26 b. E-91I Surcharge Memo ............................. . ...... . . 30 C. Rcvenue and Expenditure Report - April 2009 .................... 32 d. Spruce Bark Beetle Monthly Status Report - April 2009 ...... I ..... 35 ITEMS NOT COMPLETED FROM PRIOR AGENDA - None PUBLIC BEARINGS ON ORDINANCES (Testimony Iimited 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) ............................................. 38 2. 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) (Referred to Finance Committee) ............ 72 3. Ordinance 2008-19-53: Transferring the Fund Balance of the Coastal Zone Management Fund to the General Fund (Mayor) (Referred to Finance Committee).....................................................91 Page 2 of 6 -255- May 19, 2009 4. Ordinance 2008-19-54: Accepting and Appropriating $0,080 from the U.S. Department of Interior for Crooked Creek Recreation Area Riverbank Restoration Underthe Coastal Impact Assistance Progranf (Mayor) (Referred to Finance Committee) ............................................. 94 Ordinance 2008-19-54 (Mayor) Substitute: Accepting and Appropriating $98,080 from the U.S. DepartmentofInterior for Two Riverbank Restoration Projects in the Crooked Creek Area (Mayor) (Referred to Finance Committee).....................................................98 5. Ordinance 2009-19-55: Appropriating an Additional $246,780 to Cover Costs in Excess of Budgeted Amounts for Fire Alarm and ADA Upgrades at Nikiski Community Recreation Center and Awarding of a Contract (Mayor) (Referred to Finance Committee) ................................... 103 6. Ordinance 2009-19: Appropriating Funds for Fiscal Year 2009-2010 (Mayor) (Second Hearing on 06/02/09) (Referred to Finance Committee) ........ , . 109 7. Ordinance 2009-23: Designating Certain Administrative Employees as Upper Management and Providing for Disciplinary and Termination Appeal Procedures (Superman) (Referred to Policies and Procedures Committee) ... 114 8. Ordinance 2009-24: Amending KPB Chapter 3.04, Personnel, to Require that (qualifications and Job Descriptions 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) (Referred to Policies and Procedures Committee) ................. I ........ I ...... 117 9. Ordinance 2009-25: Amending KPB Chapter 5.35, Utility Special Assessment Districts, to Clarify Procedures for the Creation ofUtility Special Assessment Districts (Martin, Sprague) (Referred to Policies and Procedures Committee) .......... ....... ..... ............. I .... I ...... ......120 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) (Referred to Lands Committee) ....... 142 11. Ordinance 2009-27: Delegating Limited Platting Powers to Kachemak City for the. Purpose of Regulating Minimum Lot Size Within Kachemak City Limits (Mayor) (Referred to Lands Committee) ........................ 150 Page 3 of 6 -256- 12. 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) (Referred to Finance Committee) ............................ 158 N. UNFINISHED BUSINESS -None ®. NEW BUSINESS Resolutions *a. Resolution 2009-043: Authorizing the Continued Rental of Office Space in the Seaview Community Plaza Building; Seward, Alaska, for the Seward -Bear Creek Flood Service Area (Mayor) (Referred to Lands Committee).........................................161 *b. Resolution 2009-044: Requesting that the State of Alaska Exempt Flood Mitigation Projects in the Seward Area from the Gravel Extraction Fee, as it Applies to all Flowing Waters into Resurrection Bay, in the Vicinity of Seward, Alaska (Long, Mayor) (Referred to Legislative Committee) ....................... . ............. 174 *c. Resolution 2009-045: Designating Road Engineer/Project Administrator and Landfill Manager as Administrative and Middle Management (Mayor) (Referred to. Policies and Procedures Committee)..............................................I77 *d. Resolution2009-046: Approving the Transfer ofFiveSchool Activity Buses to the Kenaitze radian Tribe ,,Mayor) T.eferred to Policies and Procedures Committee).....................................180 2. Ordinances *a. Ordinance 2008-19-56: Accepting and Appropriating on Behalf of . Bear Creek Fire Service Area a Grant in the Amount of $8,99$ 20 from the Alaska Department of Natural Resources (Mayor) (Hearing on06/16109) (Referred to Finance Committee) ................ 196 *b. Ordinance 2009-19-57: Accepting and Appropriating on Behalf of Nikiski Fire Service Area a Grant in the Amount of $7,100 from the Alaska Department of Natural Resources (Mayor) (Hearing on 06/16/09) (Referred to Finance Committee) ..................... 191 May 19, 2009 Page 4 of 6 -257- *c. Ordinance 2008-19-58:.Appropriating an Additional $140,000 to Cover Costs in Excess of Budgeted Amounts for Roof Replacement for Soldotna Elementary School and Authorization to Award a Contract (Mayor) (Shortened Hearing on 06/02/09) (Referred to Finance Committee) ... .......... :................... I ...... 196 *d. Ordinance 2009-19-59: Authorizing a $525,000 Intergovernmental Loan from the General Fund and Appropriating Funds to the South Kenai Peninsula Hospital Service Area Fund to Partially Finance the Acquisition of a New Magnetic Resonance Imaging Machine (Mayor) (Shortened Hearing on 06/02/09) (Referred to Finance Committee) ... 200 *e. Ordinance 2008-19-60: Accepting and Appropriating a Grant from the State of Alaska in the Amount of $21,350 for the Borough's Coastal Management Progran's Public Access Study (Mayor) (Hearing on 06/16/09) (Referred to Finance Committee) ........... 204 *f. Ordinance 2009-29: Amending KPB 14.06.100 and KPB 14,06.170 to Require an Engineering Analysis and Design for Road Construction in the Seward Mapped Flood Data Area and Flood Insurance Rate Map Area within the Seward -Bear Creek Flood Service Area (Mayor at the Request of the Flood Plain Task Force) (Hearing on 06,116109) (Referred to Policies and Procedures Committee) ............................................208 *g. Ordinance 2009-30: Establishing Criteria for Plat Notes and Providing a Flood -Prone Plat Note for the Seward Mapped Flood Data Area and Flood Insurance Rate Map Area (Mayor at the Request of the Flood Plain Task Force) (Hearing on 06/16/09) (Referred to Lands Committee).................:.......................214 *h. Ordinance 2009-31: Providing for a Vote on the Question of Adopting a Manager Plan of Government at the Next Regular Election (Knopp, Sprague) (Hearing on 06/16/09) (Referred to Legislative Committee) ..................................... 218 *i. Ordinance 2009-32: Establishing the Central Peninsula Multi -Use Facility Service Area (Sprague, Knopp) (Hearings on 06/1.6/09 and 07/07/09) (Referred to Legislative Committee) . : ... . ............. 220 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) �. ASSEMBLY MEETING AND IIEARING.ANhTOUNCEMENTS 1. May 19, 2009 June 2, 2009 Regular Assembly Meeting 7:00 PM Soldoma Page 5 of 6 Im k ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) l: 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 far Purchase of a New Type A Fire Engine (Mayor) (Referred to Finance Committee) Tabled 11118108 3. Ordinance2009-19:Appropriating Funds for Fiscal Year 2009-2010 (Mayor) (Second:Hearing on 06/02/09) (Referred to Finance Committee) 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) (Hearing on 06/02/09) (Referred to Policies and Procedures Committee) 5. Ordinance 2009-03: Amending KPB Chapter 5.35, Special Assessments —Public Utilities, to Redefine Benefitted Parcels to Include Those Whose Owners Approve the Assessment District and Intend to Connect to the Main Utility.Line (Superman, Knepp) (Referred to Policies and Procedures Committee) Tabled 03103109 U. . NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly unll be held on June 2, 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), KBBI-AM 890 (South Peninsula), K201AO-FM 66.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Rooni just prior to the meeting. Forfurther information, please call the Clerk's Office at 714-2160'or toll free within the Borough at 1-800- 478-4441, Ext. 2160. Pisit our website at www.borough.kenai.akus for copies of the agenda, meeting summaries, ordinances and resolutions. May 19, 2009 Page 6 of 6 -259- CITY OF KENAI ADOPTED AT THE MAY 20, 0►COUNCIL MEETING NOTICE I8 HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at its regular meeting of May 20, 2009. Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,888,252.65 in the Airport Apron Rehabilitation - Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package. Ordinance No. 2404-2009 -- Authorizing a Budget Transfer of $1.1,000 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. 3. 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. 4. Ordinance No. 2406-2009 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. 5. Ordinance No. 2407-2009 -- Increasing Estimated Revenues and Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts. 6. Ordinance No. 2408-2009 -- Increasing Estimated Revenues and. Appropriations in the Water & Sewer Fund for Costs in Excess of Budgeted Amounts. 7. 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). 8. Ordinance No. 2411-2009 -- Increasing Estimated Revenues and Appropriations by $1.75,000 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. 9. Resolution No. 2009-19 -- Dedicating Monies Received From Facility User Fees for Use of the Alaska Fire Training Center for Major Maintenance of the Center. 10. Resolution No. 2009-20 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Rehabilitate Apron 2009-2010 for the Total Amount of $2,578,797,65 Which Includes the Basic Bid Schedule 1 and Additive Alternates 1, 2, and 3. 1 I . Resolution No. 2009-21 -- Awarding the Bid to Kachemak Electric for LED Streetlight Installation - 2009 for the Total Amount of $1,038.00 Per Fixture Furnish and Install. Adopted Ordinances/Resolutions May 20, 2009 Council Meeting Page 2 of 2 12. Resolution No. 2009-22 -- Supporting an Alaska Department of Transportation & Public Facilities (ADOT/PF) Project to Renovate and Improve Beaver Loop Road and Construct a Separated Pedestrian Pathway Along Beaver Loop Road. 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 been amended by the Council prior to adoption without further public notice. i Carol L. Freas, Kenai City Clerk Posted: May 22, 2009 s 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 20, 2009. 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." a. Substitute Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,888,252.65 in the Airport Apron Rehabilitation - Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA; Stimulus Package. 2. Ordinance 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." a. Substitute 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." 3. Ordinance No. 2403-2009 -- Amending the Land Use Table in. KMC 14.22.010 to: 1) Change the Uses of Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks from Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair from Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and; 5) Require Tattoo Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH). a. Substitute Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries From Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District and Limited Commercial Zone (TSH). 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. 10. Ordinance No. 2408-2009 Increasing Estimated Revenues and Appropriations in the Water & Sewer Fund for Costs in Excess of Budgeted Amounts. 11. 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). 12. Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. a. Substitute Ordinance Nc Budget for the Fiscal Year June 30, 2010. 2410-2009 -- Adopting the Annual Commencing July 1, 2009 and Ending 13. Ordinance No. 2411-2009 -- Increasing Estimated Revenues and Appropriations by $175,000 in the Water and Sewer Fund and Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water and Sewer Extension Capital Project Fund. 14. Resolution No. 2009-19 -- Dedicating Monies Received From Facility User Fees for Use of the Alaska Fire Training Center for Major Maintenance of the Center. 15. Resolution No. 2009-20 -- Approving a. Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Rehabilitate Apron 2009-2010 for the Total Amount of $2,578,797.65 Which Includes the Basic Bid Schedule 1 and Additive Alternates 1, 2, and 3. 16. Resolution No. 2009-21 -- Awarding the Bid to Kachemak Electric for LED Streetlight Installation - 2009 for the Total Amount of $1,038.00 Per Fixture Furnish and Install. 17. Resolution No. 2009-22 -- Supporting an Alaska Department of Transportation & Public Facilities (ADOT/PF) Project to Renovate and Improve Beaver Loop Road and Construct a Separated Pedestrian Pathway Along Beaver Loop Road. 18. Resolution No. 2009-23 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commending July 1, 2009 and Ending June 30, 2010. 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. AGENDA KENAI CITY COUNCIL —REGULAR MEETING MAY 20, 2009 > - 7:00 P.M. 9FRALA " N, KENAI CITY COUNCIL CHAMBERS http:/lwww.ci. kenai.ak, us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. 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. The motion to adopt is active.) a. Substitute Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by $2,888,252.65 in the Airport Apron Rehabilitation - Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package. 2. Ordinance 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.) a. Substitute 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." 3. Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks from Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair from Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and; 5) Require Tattoo Parlors to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH). a. Substitute Ordinance No. 2403-2009 -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Green houses/Tree Nurseries From Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District and Limited Commercial Zone (TSH). 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 an( Appropriations by $8,590.27 in the General Fund for Reimbursemen Received on the Kenai Historic Cabin Move Project. 6. Ordinance No. 2406-2009 -- Increasing General Fund Estimate( Revenues and Appropriations for Costs in Excess of Budgeted Amounts 7. Ordinance No. 2407-2009 -- Increasing Estimated Revenues any Appropriations in the Airport Fund for Costs in Excess of Budgets, Amounts. 10. Ordinance No. 2408-2009 -- Increasing Estimated Revenues an Appropriations in the Water & Sewer Fund for Costs in Excess c Budgeted Amounts, 11. 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). 12. Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010, a. Substitute Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010, 13. Ordinance No. 2411-2009 -- Increasing Estimated Revenues and Appropriations by $175,000 in the Water and Sewer Fund and Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water and Sewer Extension Capital Project Fund. 14. Resolution No. 2009-19 -- Dedicating Monies Received From Facility User Fees for Use of the Alaska Fire Training Center for Major Maintenance of the Center. 15. Resolution No. 2009.20 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Rehabilitate Apron 2009-2010 for the Total Amount of $2,578,797.65 Which Includes the Basic Bid Schedule 1 and Additive Alternates 1, 2, and 3. 16. Resolution No. 2009-21 -- Awarding the Bid to Kachemak Electric for LED Streetlight Installation - 2009 for the Total Amount of $1,038.00 Per Fixture Furnish and Install. 17. Resolution No. 2009-22 -- Supporting an Alaska Department of Transportation & Public Facilities (ADOT/PF) Project to Renovate and Improve Beaver Loop Road and Construct a Separated Pedestrian Pathway Along Beaver Loop Road. 18. Resolution No. 2009-23 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commending July 1, 2009 and Ending June 30, 2010. ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15000. 3, *Ordinance No. 2412-2009 -- Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. 4. *Ordinance No. 2413-2009 -- increasing Estimated Revenues and Appropriations by $350,000 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. 5. *Ordinance No. 2414.2009 -- Amending the Land Use Table in KMC 14.22.010 for the Limited Commercial Zone (LC) by Listing Which Personal Services Require Conditional Use Permits (C) and Which Are Principal Pennitted Uses (P). 6. Discussion -- Connex Placement/Kenai Convention & Visitors Center Property. EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at Hip //www.ci.kenai, ak,us. Carol L. Freas, City Clerk D/211