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HomeMy WebLinkAbout2009-06-03 Council PacketMAKE PACKETS .; • •i COUNCIL MEETING DATE: Ma or/Council Attorne ®' Taylor/Flo 040 Clerk City Manager ®° Kebschull/Carver Police De artment Finance Ole .10 Senior Center Airport Christine We Library (2) / Parks & Recreation .o-- Clarion Fire De artment Schmidt Mellish Student Re Hail z � : • Sewer Treatment Plant Streets Shoe Dock Buildin 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 IbellGacsalaska.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. JUNE 3, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS/CHANGES TO THE PACKET ADD TO: Items D-1, D-la, and D-5 -- City Attorney Graves memorandum Related to Anthony's Transmission and how a nonconforming use might be allowed to expand its business. CITY ATTORNEY ADD AS: Item D-4a -- Sabstitute Ordinance No. 2413-20^ci9 -- increasing Estimated Revenues and Appropriations by $283,044.08 in the Airport Land Sales Permanent Fund and Both Increasing and Decreasing Estimated Revenues in the Airport Fund for Funds Received From the Airport Land Sales Permanent Fund. (T. Eubank memorandum of explanation is attached.) ADMINISTRATION CONSENT AGENDA No changes. COUNCIL MEETING OF: L� I? ffm .- ■ELDRIDGE O f 1 M s v H JO NSON _ ' 'g I MOORS ;�/ ELDRIDGE ROSS MOLLOY F BOYLE 'ell PORTER F �% SMALLEY Page of ?� MOORE ELDRIDGE •m• ELDRIDGE ROSS MOLLOY BOYLE PORTER SMALLEY � r M"©0 JOHNSON MOOR ROSS MOLLOY 6#YLE PORTER __� COUNCIL MEETING OF: / 111 �0 0 1.•_A�`,�� • iff s • Page z of � ••-� D ELDRIDGE __ .�� • BOYLE PORTER SMALLEY --® M S V JOHNSON MOORS ELDRIDGE ROSS MOLLOY BOYLE PORTER SMALLEY M S V JOHNSON MOORE ELDRIDGE ROSS MOLLOY BOYLE PORTER SMALLEY AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 3, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www,ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda S. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2403-2009 (Substitute B) -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries 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)................................................... 1 Clerk's Note: A motion was made to enact Ordinance No. 2403-2009, Substitute B and then action was postponed, no time certain, at the May 20, 2009 council meeting. The motion to enact Ordinance No. 2403-2009, Substitute B is active.) a. Ordinance No. 2403-2009 (Substitute C) -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries 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 and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH) and Tattoo Parlors, Massage Therapists, Dry Cleaners and Self -Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone(LC).................................................. 7 2. Substitute Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010..................... 19 (Clerk's Note: At the May 20, 2009 meeting, a motion to adopt Substitute Ordinance No. 2410-2009 was made and then action was postponed to June 3, 2009, The motion to adopt Substitute Ordinance No. 241.0-2009 is active.) 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 .................................. 26 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 .......................... 30 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)................................................................................................................. 33 6. 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 ............................ 39 (Clerk's Note: A motion to adopt Resolution No. 2009-23 was made at the May 20, 2009 council meeting and then action was postponed to June 3, 2009. The motion to adopt Resolution No. 2009-23 is active.) 7. Resolution No. 2009-24 -- Authorizing Sharing Cost Savings From the Calendar Year 2008 Health Insurance Plan with Employees .............................. 40 ITEM E: MINUTES 1. '`Regular Meeting of May 20, 2009.................................................................. 42 ITEM F: 1. Ratification of Bills......................................................................................... 69 2. Approval of Purchase Orders Exceeding$15,000.............................................. 70 3. *Ordinance No. 2415-2009 -- Amending the Regulation of Smoking in KMC 12.40 by Including Definitions for `Businesses" and "Health Care Facilities," by Permitting Businesses to Post and Maintain Their Premises as Non -Smoking Establishments; Prohibiting Smoking in Health Care Facilities and Requiring Health Care Facilities to Have a Smoke -Free Buffer in Entryways; and, Prohibiting Smoking at Posted Outdoor Events and Prohibiting Smoking Within a Reasonable Distance From Outside Areas Where Smoking is Prohibited.......... 92 4. *Ordinance No. 2416-2009 -- Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070 ............................... 96 5. *Ordinance No. 2417-2009 -- Authorizing a Budget Transfer of $25,000 Within the General Fund and Increasing Estimated Revenues and Appropriations by $25,000 to Provide for Additional Funding for the Kenai Dock Improvements Project..................................................................................... 100 6. Discussion -- Referendum Petition/Setting for Election ................................... 103 ITEM H: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission........................................................................................ 112 3. Harbor Commission....................................................................................... 4. Library Commission....................................................................................... 5. Parks & Recreation Commission.................................................................... . 6. Planning & Zoning Commission...................................................................... 116 7. Miscellaneous Commissions and Committees a. Beautification Committee........................................................................... b. Alaska Municipal League Report................................................................. c. Mini -Grant Steering Committee.................................................................. d. Advisory Cemetery Committee. ................................................................... 124 e. Kenai Convention & Visitors Bureau........................................................... f. Salmon Task Force..................................................................................... g. Reports of KPB Assembly, Legislators and Councils ..................................... ITEM I: REPORT OF THE MAYOR ........................................................ ITEM J: ADMINISTRATION REPORTS 1. City Manager................................................................................................. 2. City Attorney 3. City Clerk...................................................................................................... 1. Citizens (five minutes) 2. Council ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FY10 budget process.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet - Development -Preparation -Distribution -Publication -Late Materials. (Clerk's Note: Ordinance No. 2347-2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain. Within 60 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. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." (Clerk's Note: Ordinance No. 2396-2009 was substituted and postponed, no time certain, at the May 20, 2009 council meeting. The motion to adopt is active.) Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Projects 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 -- Annual Evaluations of City Clerk and City Attorney; Litigation; and, Attorney Recruitment Page No. 1. 6/3/2009 Purchase Orders Between $2,500 and $15,000 for council review............................................................................................................ 129 2. 5/27/09 Public Works Department, Project Status Report .................................. 130 3. 5/20/09 Kenai Harbor Rate Schedule.............................................................. 131 4. 5/20/09 CC memorandum related to lease application of Kenai Hangar, LLC/Lot 13, Block 1, Cook inlet Industrial Air Park .......................................... 132 5. 5/26/09 R. Molloy email transmission and suggested changes to Ordinance No. 2347-2008..................................................................................................... 135 6. 5/ 14/09 R. Koch memorandum identifying Administration's suggested changes to Ordinance No. 2347-2008.......................................................................... 144 7. 6/2/09 Kenai Peninsula Borough Assembly Meeting Agenda ............................. 149 SUBSTITUTE B 41 Suggested by: Councilman Eldridge 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 IN) 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 Zane; 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] -1- Substitute B Ordinance No, 2403-2009 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 PAT PORTER, MAYOR Introduced: May 6, 2009 Postponed to: June 3, 2009 Adopted: June 3, 2009 Effective: July 3, 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 = Prinemat Permitted Use C = Cond4ional Use S = Secondary Use N =Natt Permitted Pace I of 4 NOTE: Reference footnotes oil following pages for additional resuictions ZONING DISTRICTS RESIDENTIAL LAND USES C 1z I-IM RL, cc CG it, in I ED R TSHjLC�CM1j, I One Family Dwelling ON P P —RS1 P P P P P jsl/cl` Dwelling C" 11 P P P P P P1, S, C C C11 P P 1 I -our Family Dwelling P C, P N x S] C C C11 2° C SI�C211 Five/Six Family Dwelling C' N 1, P2� S� i C N -- N P C SVC[ ![Seven or More Family cr, C, N C) N N P s,/0, Dwelling i C C C C 1 c C C C C C C 0 C C C rc Mobile Home, Parks' N C C J7 C C C I C 1 C C C N C NN C Planned Unit Residential C C C C C, C C C C C N C C C C Development, COMMERCIAL LAND USES C RR ftRl R6 RS1 R32 RU CC CG IL 1 11-1 ED R TSH LC CMU CMU [Bunirnotive Sales N i N C P P P 11 l N N N N 4( P Automotive Service Stations N C C N N N C, P P P P N rN N P 1 Banks N C C C N N C P P P C N C C l C P Business/Consumer N C C C N N C P P P C N C C C P I Isewices; I — — Guide Service N C C C N I N C P P P P N PC P �p Howls/motels N C C C C P P P C N C �p Ledge , N1 C IN C P P C N, C �111 1 1 Professional Officas 1 r4 C C� C 11 I P I Restaurants N C C C N N C 4— I P P P C N t C C [p] P Retail Business C C N N C P P P P SN sN C C C j P Wholesale Business N C C C N N C C 11 P P N S�, C C Theaters/Commercial N0 i C C N N C P P' Recreation I Substitute B 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 N0F1. Reference footnotes on Following pages for additional restrictions ZONING DISTRICTS ! INDUSTRIAL i LAND USES C RR RR RS RSI RS2 RU CC, CG 11, 111 PN F,D R I TSH LC COIF Airports and Related Uses P"' C C C N N C P P P C C N N C. �Antomotive Repair N C C C N N C P P P i P( N N N [Nl p a — Qas Manufacturer/Storage N N C C I N N N N N C° C' N N N N N ManulacturmglPamiiestin@/ Assembly N C j C C N N j C C /__ P P P N C` C N C� Mini -Storage PaeAity N C j C C N N C C 1 P P P i N 1 N N C l C Storage Srard N C C C N N C =, C P P P N N N N I C Warehouses N, C C C N N C i N PP i P N C� N N N I PUBLIC/ INSTITUTIONAL LAND iiSF,S C RR RI21 R5 I RSI RS2 RL CC CG IL III Ell i R TSII LC .CMU Charitable Institutions C C C C C C P p P l p P 1 P C P C, P !Churches* C Pw Pin pm k pig Pia P`r pill Pill C C P Pi° 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 i C C I P P C C i P C C C' P Flementary Schools- C C C C � C C� C I P P C C P{ C � C C I P 1 Governments! Buildings C 1 C C C I C C C P P P C i P C C P I P high Schools* C C C C C C C P P C. _� C P �C C C P Hosprtalss C C I C C C C C P P P C C C C C P Libraries" C C C C 11 C C' P p P C P C i P C P Museums C C C C C i C C P P P C ii P C j P C 11 P Parks and Recreation P C C C C i C C P P P P P P P C! P Assisted Living C C C C I C C C I C C C C C C C C C MISCELLANEOUS I LAND USES C RR RRI i RS RSI RS2 RV CC CG IL IN ED R i TSH LC CMU Animal Boarding' C C C C C N N C j 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-Renuls C C. C C [N N I N P P P C, N PP C P Cemeteries I C C C C N N N. N C I C C 1 N C C N N j Crematories/Funeral Homes N C N C N N C C C C C N C C C C Day Care Centers"' C C C C C C C P P P C C C C P P i)ormitoriss/Siaarding Flouses C C C C C j C P P" '1` S C [ P P'' i C C [PI i P C Essential Services P P P —�—yI P e t P P P P P P P P P P! P Farming/General �Agriculturc �Greenhouse -/Tree Nu series'- P CC P N C N N N N N C C C C P N I N P P P N C N I Y C N C I N N [P] P C I In 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 NO'fT: Reference foomotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUSS������ LANM USES C RR RR1 RS RSI RS2 RU CC CG 11. In FI) R TSH LCCCMT,1 Qunsmithing, Printing, 1 N C C C C CC' � P P I P P NC 1 P P P �Taxmcnmy Assemhhes's{Large: C j C C C C i C C P" I P'r P' P" P'" C P I N P" Fraternal Organivations/ N C� C C( C C C P P t P C r N CP C j P 7 Private Clubs/Social Halls , I j !and Union Halls Nursing, Convalescent or N I C C C I C C C P P C C C C C C P Rest Homes j r _ k Parking, Off -Street P P P 1' P 1, P P P P P P P P Parking, Public Loksc C C C C C C C r C C lift C C C C: C C C Pcrsonal services" C C C C C C C P P A P C C Prs Pa` P� Radip/TV Y Transmitters/Cell Sites** P C C C C C P P P P P C j C C P t i Recreational Vehicle Parks j C C C C l N N C C C C C N C C N I C 1 subsul face extraction of j C I C C C C} C C C C C C N C N N N Natural Resourccs''E t Surface Extraction oil C C C C N N C N INxtural Resources° 1 { _ � � __ i * See 42 USCA Sec. 200000 (Religious Land Use and fienbutionalized Persons Act of 2000) i ** Sec 42 Telecommunications Act of 1996, See, 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 Palls under the landscaping/she plans requirements of KMC 14.25 shall include anyl secondary toes in the landscaping and site plans. 2. One (1) single-family residence per parcel, which is pail. of the main building. 3, Allowed as a conditional use, subject w 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, &ad other development requirements shall be the same as for principa; uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. Tire proposed dwelling group will constitute a residential areaof sustained desirability and stability; will be. in harmony with the character of the surrounding neighborhood, andwill 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; Theproperty adjacent to the proposed dwelling group will not he adversely affected. � q. See `°Fownhouses" section. 5 See 'Mobile £Source°' section IM Substitute S 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 1 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 conditionaluse, 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 arid the size and characteristic of the site will maximize its benefit to the public; b. Exits and enhances and off-street parking for the use are lovated'to prevent traffic hazards or, publi streets. 13. Allowed as a conditional use, provided that setbacks_ buffer strips, and other provisions are adequate to assure that the use wilt 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 aid entrances and off-street parking for the use shall be located to prevent time 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. i 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 or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listedin the "Development Requirements Table" for the RUT51T zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For exarmple, housing for teachers or students Tor 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, An 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 1.0 zone, tattoq Parors and massage therapists are allowed as a conditional use. 26. Food services are allowed on a temporary or seasonalbasis of not: more than four (4) months per year. In SUBSTITUTE C — Suggested by: Councilman Eldridge Eire c<fyuf KENAI. ALASKA 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 ARE PERSONAL SERVICES; AND, 5) REQUIRE TATTOO PARLORS AND MASSAGE THERAPISTS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH) AND TATTOO PARLORS, MASSAGE THERAPISTS, DRY CLEANERS AND SELF-SERVICE LAUNDRIES TO HAVE A CONDITIONAL USE PERMIT IN THE LIMITED COMMERCIAL ZONE (LC). WHEREAS, currently the Land Use Table in KMC 1.4.22.010 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, 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, WHEREAS, tattoo parlors, massage therapists, dry cleaners and self-service laundries are considered personal services and as such are a principal permitted use in the LC Zone; and, New Text Underlined; [DELETED TEAT BRACKETED] Substitute C Ordinance No. 2403-2009 Page 2 of 2 WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors, massage therapists, dry cleaners and self-service laundries to get conditional use permits in the 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 third day of June, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 6, 2009 Adopted: June 3, 2009 Effective: July 3, 2009 Nev, Text Underlined; [DELETED TEXT BRACKETED) In Substitute C Ordinance No. 2401-2009, Attachment "A" 14.22.010 Land use table. LANK USE TABLE KEY'. P =Principal Permitted Use C = Conditional Use S = Secondary Use N=Not Permited Page I of 4 NOTE: Reference footnotes On following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL �'i l LAND USES C. 12R�I RRt RS RSI. RS2 RU CC CG IL tt T6R LC CMt' _ One Family Dwelling .,Cla i P _ P _ P P P P pa= S! S, s2 C22 P P P S4C" Twa/T"hree Family Dwelling Cts P ! P P P P P I P" S, C C C'� P S�IC''11 !Four Family Dwelling C'" P U: P N N P 1 P" S= —Pry C C C"r N P C jS1[C0.1 �FivelSix Family Dwelling Seven or More FamilyC Dwelling C�" C' 18 C' N N P N C'' N � N P... N P S, P''1 S1 77 I C C C C N N P C N N� P S11Cv1 Townhouses, CM C C C C CC C C l C: C C C's I C I C C C Mobile Home Parks' N C C i C C C C C C C C N C N [C] I N C Planned Unit Residential Development" C's C C C C C C C. C C] C N C C C l C COMMERCIAL LARD USES j C RR RM RS RSt RS2 RU CC CG l It. I nC I EB R TSfl LC CMU Automotive Sales N C C N N N C P PP P N I N N N P Automotive Sorvice Stations N C C N N N 1 C P P P P N C N N P Banks iBusinesslC7onsumer Services N C N C t" C C N C N i N C N C P P F' f P P P C C N C C C N` C l C c F P Cmide Service N C C C C N _ N C P P P P N P 11 C P Emels/Motels Lodge N C I N i C C C C N I C N N C NC P P PP P P �F j C C N C P C! N E P I, C� P_ P Professional Offices N C C C l N N P P P P P N C P P Y' Restaurants Retell Business Wholesale Business _ 1 — ITheatera/Commercial l Recreation i N C Nfi ! C N C i N C ] � C C C C, i C N C N C N C N � N C N -cC' N C N l C � � P P P I�P C P Y i F� 'P P P 'P-�.._P C� C] P P C( N C C [PI S'" S'" C C N 9" C C. N 1 P� C� C 1 P � N P In Substitute C Ordinance No. 2403-2009, Attachment "A" LAND USE TABLE KEY: P = Principal Pertained Use C = Conditional Use S = Secondary Use N =Not Permitted Page 2 of 4 NCTE: Reference foconmes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND RR —R7SI RS2 RU C CC IL DIED R Its,, LC C NIU Airports and Related Uses C C C N N l C P P P P N C N N C Automotive Repair N C C NY N C P P P P N N P C ,,a, Manufacturer/Storage N N + C C N 14 N N N C' C j N N X N N C C P P P i N, C C N C Assembly Mini -Storage Facility N C C C Q1 N C C J, P P N N N C C Storage Yard N C C C N N C C P P P N f N N N C Warehouses N C c N C N P P P N C N N I N PUBLIC/ INSTITUTIONAL LAND USES ic� RR RRI RS RST �RUJ CC Li-CiG IL III ED R TSII LC CMU' Charitable Institutions C C C I C I I I C I C p P P P P C P C P Cluimh('1410 P pW P10 I pm P P11, P1, C C, 13 V11 P P ? 1 linics Clinics Im.as C C C —7— C, C C C P I, p C C C C P P Colleges- C C C i C C C 1 C C C P P C C P --T C C I C i P Elementary Schools* C C i C C C C C, P P C C I P r C C C P Governmental Buildings I C C C C C, C c I, P 1, C f, C C P P High Schools' C C C C C C C j P P C C P C C j C P Hospitals* C C C--T C,7- C C C P p P C C C C P Libraries"' C C C I C I C, C C12 P j P P C P c p C I p Museums C C C C C C C 11 1, P C 1, C P C 1, Parks and Recreation P j C C C C C C 1, p P 1, P j P P C P Assisted Living C I C C C C C I C C C C I C C C C C I C )MISCELLANEOUS T— LAND USES C i RR RRI WS IdS1 RS2 RE CC C(; IL[it ED R TS1 I LC Clk,11) ----7 Animal Boarding'= c, C C C N C C C C N C N C, C !Bed and Breakfasts C C C C C C C C C N C C C P Cabin Rentals C C C C N N N 11 P P C N P P C P Cemeteries C C C C N N N N C C C N C C N j N Cremmories/Funerallbumos N C N C N N C C C C C N C C C C, Day Caro Centers" C C C C C j C C P P P C C i � C C p I P Dormitories/Boarding C C C c C P P1, S c PAs' C [P) P Homes C Essential Services P P P P I P P P P 1, P P 1, P P P I, rFarming/Generm P P N N N j X, N N N N P N p N N N ;Agriculture*** Greenhouses/Treo C , C C C C C C� P P P C N C C [P] P Nurseneq'I 5 on Substitute C Ordinance No. 2403-2009, Attachment "A" KEY: P= Principal Permitted Use C = Conditional Use S = Secondary Use N = Not repainted 14.22.010 LAND USE TABLE ZONING DISTRICTS Page 3 of 4 NOT11. . Reference footnotes on following pages for additional restrictions MISCELLANEOUS t � LAND USES C l RR RR1 IZS R9t RS2 it CC CG Ili IfY ED �R TSH LC CNII7 Gunsmrtlrfna Printing- N C C C C C I C P I P P I I N[ C i P I r � P Taxidermy Assemblies" (Large C C C C C C C P" P" Is" P' 11" C P N 1>" Circuses Fairs, Etc) =- IFrafemalOrgnnizations/ N C C C C C( C P i P j P C: N 1 C: P C V Private Clubs/Soda( Halls and Union Halls i f Nursing, Convalescenvt or N C C C C __� C C P P i C C C C C� C 'P i Rest domes 1 Parking, Off-street P j P P 1 P P P P P P P P P P P P P Parking, Public Leas" C `f C C C C C C C C C C C 1 C C l C C` Personal Servtoesc' C C C C C C C P P P P C C Ps' [P] P! Radio/TVTransmhters/Cell P( P C C C C C P P P P 11---�ttt C C l C P Sites°", i Recreational Vehicle Parks C C C C N N C C C C C N C C N C Subsuroax Extraction of C C f C C C I C C C C C N C I N N I N Natural Resources Sur EXtnc[iun of ( C C C C N I N C N C C i C N C N\ 'v Nernst Resources" 1 I See42 USCA Sec. 2000ec (Religious Land Use slid Institutionalized Persons Act of'2000) " See 42 Telecommunications Act of 1996. Sec. 704(a) * * See, however, the limitations imposed under KMC 3.'10.070 Ootnows: Allowed as a secondary use except on the ground floor of the part of the bonding fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/she plans requirements of K41C 14.25 shall include any secondary uses in the landscaping and site plans. One (l ) single-family residence per parcel, which is part of the main building. 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; C. The nroposed dwelling group will constitute aresidential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborbood, 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 partof the proposed development, adequate recreation areas to serve the needs of the anticipated population.; It. 'Pbe development shall not produce avolume of traffic in excess of tire capacity for which the access streets are designed; 1. The property adjacent to the proposed dwelling group will not be adversely affected' See "Townhouses" section. See"Mobile Homes" section. -11- Substitute C Ordinance No. 2403-2009, Attachment "A" Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Humes" section and provided that any mobile home park meets the minimums Federal Housing Authority requirements. 7. See "Planned Unit Residential Developmenf' section. 8. Allowed as a conditional use. provided that the proposed locaiion. and the characteristics oaf the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and 'f 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 line. 11. Allowed as a conditional use, provided that no part of any building is locatednearer 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 bcneul to the public; b. Exits znd entrances andoff-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 evidentfrom 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. 116. 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 airy aft approach zones per RMC 14.20.070(a), except that for properi eJ 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/TS1I 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). i25. 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 tattoo Darlors and message therapists are allowed as a conditional, use. i 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year- 1 27. T.imited Commercial Zone Personal Services Permitted(p)Condihinna[ Dse C Art Studios X �! Barbers — X Beauticians X_ Dressmakers Dry Cleaners X Service Laundries i jj� X —Self ! Fitness Centers x Massa e Therapist X t Photoora hic Studios r X 'Tailors X TanningSalons X Tattoo Parlors X -12- SUBSTITUTE Suggested by Administration/Councilman Eldridge i CITY OF KENAI PLANPUNG AND ZONING COMMISSION \\ RESOLUTION NO. PZ09-27 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE LAND USE TABLE IN KMC 14.22.010 BE AMENDED TO: I) 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 ARE PERSONAL SERVICES; AND; 5) REQUIRE TATTOO PARLORS AND MASSAGE THERAPISTS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH) AND TATTOO PARLORS, MASSAGE THERAPISTS, DRY CLEAVERS AND SELF-SERVICE LAUNDRIES TO HAVE A CONDITIONAL USE PERMIT IN THE LIMITED COMMERCIAL ZONE (LC). WHEREAS, currently the Land Use Table in KMC 14.22.0I0 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 Lane 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, 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. New text underlined (DELETED TEXT BRACKETED AND ALL CAPS] -13- PZ09-25 Substitute Page 2 WHEREAS, tattoo parlors, massage therapists, dry cleaners and self-service laundries are considered personal services and as such are a principal permitted use in the LC Zone; and, WHEREAS, it is in the best -Interest of the City of Kenai to require tattoo parlors, massage therapists, dry cleaners and self-service laundries to get conditional use permits in the LC Zone. NOW, THEREFORE, IT IS RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA. amend the City of Kenai Code of Ordinances as shown on Attachment "A." PASSED BY THE PLANNING AND ZONING COMMIS�ION- TH;, TT Y OF KENAI, ALASKA, this 27th day of MAY 2009. CHAIRMAN MA Resolution No. PZ09-27 Attachment "A" Page 1 of 4 14.21 10 Land use table. KEY: P= Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RE, SIDENTIAL LAND USES C RR RRI RS RS1 RR2 RU CC CC IL 1H EHD R TSH LC CMU One Family Dwelling C't P I P F P P �� P P�l St S' S' Cr£ P P P 51!C', Two/Three Family Dwell C's P P P P P P P`' S" C C Cr'' P P P S'/Crl Pour Family Dwelling C't P. _._Ca P N N P P'l S' C C C" t N P C IS1/Cc1. Five/Sia; Far C" C'' N P N N P Ps' St C C N N �P C S'/C", Seven of Mom Family Dwelling C'" C' N Co N N P P" S1 C �_. C N �N P C t SVC" Townhouses' Cyr C C C j C C C C C C C C" C C C C Mobila Home Parks' N C C C C C C C C C C N C N [q c: PlannedUnit Residential Development' C'" C C C C C C C C O C N C j C C C 1 COMMERCIAL �IIH LAND USES C RR RR➢ RS RSi RS2 RV CC CG H, FN R TSH LC CM�U Automotive Sales N C C N N N C P( P P P N N N P Automoeive Service Stations N C C N N N C I' P P P N C N N P Banks N C C C N N C P P P C N C C I 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 K• 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 N C C C N N P P P P P N j C P P P Restaurants N C j C C N N j C P P P C N C C jPj P I Retail Business N''' C C C N N C P P P F S'" Sr` C C P Wholesale Business N C C C N N C C P I P P N S2' C C 'N (Theaters/Commercial Re aeation N C C C N N C P P C C N P C C P -15- Resolution No. PZ09-27 Attachment"A" Pa.ae 2 of 4 LAND USE TA.Bf.F KEY'. P - Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes an following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LA.NB VJSw9 C dtR RR�. RS RSl P_S2 RU CC I CG iL. III ED l R TSH ! LC CNLU; Airports and Relmed Uses pe) C C C N N C P P P P N C N N C A,utnmodvs PiePah i N C C C N N C P P r' ( P N N N j [N} C i P Gas Manufacturer/Storage N 1V C C N N N N N C Cs N N N N I N Manufacturing/Fabacating/. Assembly N C C ( C N N C C P P P N y C C N C Mini -Storage Facility N C C C N i N C C P P P N N N C C Storage Yard N C C C N I N C C P P P N N N N C Warehouser N C C C N N C N P P P N C 'N N N 7[78'6TFTU7CIiDPdAJL ! � t 1 ' Flf1VID L73&+S C 1 RR RRF RS RS3. RS2 RU CC C,G YL, 5 PU R ?'SH LC C.Mu Charitable Institutions C C C C C C P P P P P P C P C P (Churches* C P10 Pir PH i>m pm Pro Pro PILL C C P P°' P P P Clinics C C C C C C C P P P C C C C P P Colleges- I C C C C C C C P P C C P C C C P Elementan, Schools* C C C C C C C P P C C P C C C P �Govemmental,Buitdings C C C C C C C P P P C E P C C P P High Schaols* C C j C C C C C P t 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 Co P P P A 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 NUSCFLLAINFOUS j LAND USES C RR RRI RS I RS1 RS2 RU CC CG €L. 1H ED R ' TSH LC CMU7 Animal Bonding" 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 I C C P Cabin Remits C C C C N N N P P P C N P P t C P' Cemeteries C C C C N N..j.N N. C_{ C C N C...0 j_N.N. Qematocies/Funcral Homes N C N C N N C i C C C C j N C C C C Day Care Centers" C C C C C C C P P P C t C C C P P Donnitmms/Boarding Houses C C C C C C P Pr, S C P Pr' C C ;`Pj C P Essential Services P P P P P P P P P P P P P P P P Farming%General Agmndmre'*" P P N N N N N N N N j P N j P N N N Greenhousm/Tree ''. Numariesr C C C C C C C P P P C N C C [P) C t P -16- Resolution No, PZ09-27 Attachment "A" Pa[e 3 of 4 KF7' P = Principal Permitted Use C = Conditional Use - S = Secondary Use N = Not. Permitted 24.22.01P LAND UISE, TAkBLE NOTE: Reference footnotes on following pages for . ...additional restrictions ZONING DISTRICT MISCELLANEOUS 1 1 LAND USES C RR RRI RS RSI 1 RS2, RUi CC CG IL ( IH ED R I TSHf LC CMU { Guramithing, 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 Fu Pis Pu 1 pis prs C P N � P" Circuses, Fair-,, Etc) 7 Fraternal Organizations/ N C C ! C C C C P P P C N C P C P ProstateClubs/Social Hells and Union Halls Nuaing,man Convalescent or N C C C C C C P P( C C C C C C P Rest Ho Parking, Off -Street P P P P P P P P P P P P P P P P I Parking; Public Uts" 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 4 P C C ro [P] 1 P I RadiojTV Transinuous/Celt P P C C Ctc C j P P P P P C C C P Sites`* I Recreational Vehicle Parks C C C C N N C C C C C Nr C C N C Subsurface Extraction of C C C C C C C C C C C N C N N N -Natural Resoces'' m �Surface Extraction of C i C I C C{ N j N C N C C C N C N N N Namril Resources" See 42 USCA Sec 2060cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See42 Telecommunications Act of 1996, Sec. 704(a.) *** See, however, the liniltatons imposed under KMC 3.10970 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 asesl in the landscaping and site plans. 12. One (1) single-family residence per parcel, which is part of the, main building. 3, Allowed as a 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 paricing, 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 harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. 'I'he 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. 'I he development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i, 'llre property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses"section, 5. See "Mobile Homes" section. _ � 7- Resolution No. PZ09-27 Attac`ntnent "A" Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided Cltat 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 thatthe-moposed locationandthe 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 Cutiher 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. Ile proposed location of the use and fire 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 surmoriding 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 providedbetween said use and any adjoining property in a residential zone. b. Exits and entrances and off-street parking for theuse shall be located to prevent traffic hazards on the public streets. 16, See "Conditional Uses" section. 17. See "Conditional Use Pannitfor Surface Extraction of Nature! .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 slowed under this entry are aircraft approach zones per KMC 14.20.0'70(a), except that for propertes 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 woes, 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 anaccessory use in conjunction with a. permitted use in the ED zone. For example, a donnitory 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, Ant studios, herbals, beauticians, tattoo parlors. dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the TSR tattoo gallons and massy e 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. 2T Limited Commercial Zane personal Services perrstitked(pt I Conditional l7se{Cl Art !, Art Studios i X_ Barbers X I Beauticians X_ Dressmakers X Div Cleaners X Self -Service Laundries X Fitness Centers X Massage Therapist X Photo ra hi_Stu_dios ne _ _ X Tailors X Tannins Salons X _ Tattoo Parlors X in 210 FIDALGO AVE., KENAL ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 XT MEMORAINDUM TO: Bob Molloy, Council Member FROMCary :. Graves, City Attorney DATE: June 3, 2009 RE: Anthony's Transmission You requested information regarding how a nonconforming use (such as Anthony's Transmission) might be allowed to expand its business. 2. As you know, a "nonconforming use" is a use of land that lawfully existed before enactment of a zoning change and that may be continued after the effective date of the change, although it no longer complies with the use restrictions newly applicable to the area. It is also commonly referred to as being "grandfathered in." While non -conforming uses are allowed to continue, they are restricted and not allowed to increase in size. l In 1995 Ordinance 1660-1995 rezoned Lots 3 and 4, Block 8, Shaginoff Subdivision from Rural Residential (RR) to General Commercial (CG). It was at the request of the owner Dwayne Benton (DeWayne's Electric) who wanted to build an electrical/plumbing shop. The zone expanded an existing CG zone across the street. Anthony's Transmission was operating in 2006 when Council rezoned the area from CG to Limited Commercial (LC). The information provided to the Council mentioned that the property would be non -conforming. The notices went to the owner of the property. The owner apparently did not share the rezone information with the lessees (Anthony's Transmission), so they were not aware of the proposed zoning change. 1 McQuillen's Mun. Corp §25.183 (P Ed.). Anthony's Transmission June 3, 2009 Page 2 of 3 IN One of the problems with being a nonconforming use is that the building can't be expanded because that would increase the non -conformity of the property.2 . That's a pretty common concept in municipal zoning codes.3 My understanding is that the owners of Anthony's Transmission would like to expand the business. However, some municipalities provide that a property owner can get a permit allowing it to expand. Here's an example of one which could be added to our nonconforming use section: The Planning and Zoning Commission may grant a Conditional Use Permit allowing a non -conforming use to expand, enlarge, or increase in intensity provided that: (1) The use may not expand beyond the site, lot, or parcel as defined by the legal description on the Certificate of Occupancy for a Nonconforming Use, or owned or leased by the nonconforming use as of the date it became nonconforming in the event there is no Certificate of Occupancy. (2) Uses which are nonconforming due to the number of residential units may not add additional units. (3) The proposed modification will not result in further infringement of the provisions of this ordinance; modifications shall comply with all regulations (other than use restrictions) including but not limited to lot coverage, yard, height, open space, density provisions, or parking requirements unless waived by the Commission through a variance as provided in this chapter. (4) The nonconforming use must have been a permitted use in the prior zone at the time it became a nonconforming use. 6. Here's another possible way to deal with the issue. A section could be added to our nonconforming use provision (KMC 14.20.050) that says something similar to: "For property rezoned from General Commercial (CG) to Limited Commercial (LC) after 2005, the restrictions contained in subsections (e)(1) & (2) of this section shall not apply". Subsections (e)(1) & (2) are the applicable limitations to expanding non -conforming uses so the new language would allow Anthony's Transmission to expand his business as a non -conforming 'See KMC 14.20.050 'See Williams Am. Land Planning Law, §113.01-06. Anthony's Transmission June 3, 2009 Page 3 of 3 use. The second language is kind of a novel solution (at least I didn't find any similar examples) but it should work. 7. Please let me know if you need any further information. SUBSTITUTE Suggested by: Administration etic ty"f CITY OF KENAI KENAI, SKA 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 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 I, 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 $12,544,597 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 BPACKrTEDI sm Substitute Ordinance No. 2410-2009 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 Approved by Finance: i PAT PORTER, MAYOR Introduced: May 6, 2009 Substituted and Postponed: May 20, 2009 Adopted: June 3, 2009 Effective: July 1, 2009 New Text Undulined;[DELETED TEXT BRACKETED] _20_ \'s the el y o f /% KENRI, RLASKA To: Rick Koch, City manager rrVillaye wctk a Fast, C# wit% a Future u FINANCE DEPARTMENT 210 Foalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 1 FAX: 907-283-3014 I- f 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 i. Increase General Fund — Non -Departmental — Transfers 001.418.9090 S2. 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 Ill Grant Fund — Transfers in — General Fund 019.39.9500 S2. 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 510,000. Additional funds 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 510,000, 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 $10,000. To match theproposed 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 001.418.5047 55,000. Increased for contribution to CARTS (Central Area Rural Transit System). 3. Increase General Fund — Non -Departmental — Grants to Agencies OO1.418.5047 $45,000, Increased for contribution to Kenai Boys & Girls Club, 4. Increase General Fund — Clerk — Small Tools 001,401 2024 $2,000. Increased for replacement of Cleric'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. -21- Additional Administration Recommended Changes (These changes have been incorporated in Substitute Ordinance 2410-2009 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 53,000. 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 finds previously requested for the purchase have not become available necessitating the request. Effects as PrSBented 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 5643,926 including a 6% projected lapse of appropriations. Senior Citizens Title III Grant Fund Prior to these changes the Senior Citizens Title III ending fund of $2. Taking into account these projected to be $0. Senior Citizens Fund No change. Congregate Housing Fund No change. Grant 'Fund had a projected deficit in changes the ending fund balance is Airport Land Sales Permanent Fund Prior to these changes the Airport Land Sales Permanent Fund projected an increase in ending Fund Balance of $1.0,000. Taking into account these changes there is no projected increase or decrease in ending fund balance. General Land Sales Permanent Fund No change. -22- MEMORANDUM TO: Rick Koch, City Manager FROM: Mary Jo .coiner, 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 our 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 $373 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 Hall and the Visitor's Center, has provided us with a bid of S;1300 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 line 0+440-4538. -23- 0€1--4tL-202.E A 210 FIDALGO AVE., KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907483-3014 TO: Cary Graves FROM: Lee 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 09110 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 -24- 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 will be 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. -25- x Suggested by: Councilor Boyle CITY OF KENAI tla: dy n f KENAv Slit! 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 chanter, 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: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 20, 2009 Adopted: June 3, 2009 Effective: July 3, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -26- Appendix IV Ordinance Nc. 2412-2009 -27- Attachment "A" M h�\ ftie city of KEKA�'I�. A/L/ASKA \/ TO: City Council FROM: Rick Koch DATE: May 28, 2009 "Village tvA a Fast, C# witk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1992 SUBJECT: Ordinance 2412-2009, 10MPN Speed Limit on a Portion of the North Shore Public Beach The administration has not developed a position on the above referenced ordinance. Administration does recommend that action on this ordinance be postponed until a comprehensive discussion about public use of the North Shore can be held by Council to provide direction to the administration. Suggested topics of discussion should include, but not necessarily be limited to: 1. Areas where vehicular traffic is allowed/prohibited. 2. Areas where ATV/Motorcycle traffic is allowed/prohibited. 3. Areas where campfires are allowed/prohibited. 4. Areas where camping is allowed/prohibited 5. Areas where vehicular parking is allowed/prohibited 6. Seasonal limitations 7. Speed limits In advance of the proposed Council work session we are going to provide the following direction/signage on the North Shore: 1. Prohibit campfires within 25' of the upland grasses. 2. Allow Campfires to the east (left) of Spruce Street 3. Allow Campfires to the west (right) of Spruce Street to a point on the beach where the extension of Forest Drive would intersect with the beach. 4. Prohibit Campfires to the west of the where the extension of Forest Drive would intersect with the beach. M-01 Allow camping only to the east (left) of Spruce Avenue. Prohibit vehicular/ATV/motorcycle traffic to the east (left) of Spruce Street. Allow vehicular/ATV/motorcycle traffic to the west (right) of Spruce Street. Off -road vehicles must maintain a l0mph speed limit while in close proximity of another person(s) (KMC 13AH40). Thank you for your attention in this matter. -29- Suggested by: Administration 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 $350,000 New Text. Underlined; [DELETED TEXT BRACKETED] K�11 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 Approved by Finance: AL PAT PORTER, MAYOR Introduced: May 20, 2009 Adopted: Jun- 3, 2009 Effective: June 3, 2009 New Tmxt Unde fined; [DE1XrED TEXT BRACKETED) -31- P fleaG '0f Z/ To: Rick Koch, City Manager 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 From: Terry Eubank, Finance Director Date: May 1.2, 2009 Re: Ordinance 2413-2009 During FY2009 Ordinance 2326-2008 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 fluid 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 earnings 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. -32- eke cly 1f KENAI,ALA 5KA SUBSTITUE Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2413-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $283,044.08 IN THE AIRPORT LAND SALES PERMANENT FUND AND BOTH INCREASING AND DECREASING ESTIMATED REVENUES IN THE AIRPORT FUND FOR FUNDS RECEIVED FROM THE AIRPORT LAND SALES PERMANENT FUND. WHEREAS, prior to Ordinance 2326-2008 all investment earnings of the Airport Land Sales Permanent Fund were budgeted and reported as investment earnings in the Airport Fund; and, WHEREAS, Ordinance No. 2326-2008, KMC 7.30.020, changed the investment methodology for the Airport Land Sales Permanent Fund; and, WHEREAS, Ordinance No. 2326-2008, KMC 7.30.020, requires all investment earnings to be reported in the Airport Land Sales Permanent Fund and then allows for a percent of market value of the fund to be transferred annually to the Airport Fund for operations; and, WHEREAS, the allowable transfer amount for the policy's first is restricted to 5% of the funds value at the time of 2326-2008's passage ($17,404,406) or the funds actual earnings through May 31, 2009 which ever is less; and, WHEREAS, the actual funds earnings of $283,044,08 is less than $870,220, 5% of the funds balance at the passage of Ordinance 2326-2008; and, WHEREAS, earnings on the Airport Land Sales Permanent Fund previously budgeted as investment earnings in the Airport Fund are no longer proper and should be shown as a transfer from the Airport Land 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 Increase Appropriations Transfer to Airport Fund New Text Underlined; [DELETED TEXT BRACKETED] $283,044.08 $283,044.08 Ordinance No. 2413-2009 SUBSTITUTE Page 2 of 2 Airport Fund Increase Estimated Revenues: Transfer From Airport Land Sales Permanent Fund $283,044.08 Decrease Estimated Revenues: Investment Earnings $283,044.08 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of June, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk �l Approved by Finance: 7 k. Gv—G Introduced: May 20, 2009 Adopted: June 3, 2009 Effective: June 3, 2009 New Text Underlined; [DELETED TEXT BRACKETED] "Village wdk a Past C# witk a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 f Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 ttic cc a KENASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: June 2, 2009 Re: Ordinance 2413-2009 — Substitute Since introduction of Ordinance 241.3-2009 the valuation date of the policy has passed and actual values are now known. The substitute being provided takes into account the actual earrings of the fund. For the eight and one-half months ending May 31, 2009 the portfolio earned. $314,71930 and paid $31,675.22 in management fees for net earnings of $283,044.08 an annualized rate of 2.30%. KMC 7.30.020 limits the first year's transfer to 5% of the funds value at the time of passage of Ordinance 2326-2008 or actual earnings through that May 31, 2009. The actual net earnings of $283,044.08 are less than $870,220 5% balance, thus making $283,044.08 available for transfer. Three changes have been made to Ordinance 2413-2009 to create this substitute. The amount $17,221,464 in the fifth whereas has been change to $17,404,406. The original amount only included the value of securities transferred and mistakenly did not include the additional cash that was transferred at the time of implementing Ordinance 2326-2008. The $17,404,406 amount represents the total value of the Airport Lands Sales Permanent Fund at the time of passing Ordinance 2326-2008. With the first change it became necessary to change $861,073 in the fifth whereas to $870,220 which represents 5% of $17,404,406 rather than 5% of 1.7,221,464. The final change replaced $350,000 in the body of the document with S283,044.08 (in total 6 replacements were made). Suggested by: Administration eh zrry f CITY OF KENAI •- 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. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 20, 2009 Adopted: June 3, 2009 Effective: July, 3, 2009 New Text Underlined; (DELETED TEXT BRACKETED) -33- Ordinance No. 2414-2009 Attachment "A" 14.22.010 Land use table. Kl-,Y: P = Principal Permitted Use C = Conditional Use S = Secondary Use N =Not Permitted LAND USE TABLE ZONING DISTRICTS Page I of 4 NOTE Reference footnotes on following pages for additional restrictions RESIDENTIAL LAND tSES C RR RRI S RSJ IRK m CC: CG it., IH ED TSH LC 1 CMW —s, One Family Dwelling Y P P P P P P P p2i Sr2 S� Si Cn P P i-c-,, P7, is /cll. h 11 �T�1'11 I y I) -c �11 ing 7m —P —P P P P P P11 S, C — C --L �-x PP I, 1 Four Fanviy Dwelling --DT —P C, P N N P21 S' C C C c ls,,/Olc Five/Sies Family Dwelling 0 C' N P N N + 13 P'l C C N N C11 C S'/— Seven or ire, — M Faimly 'Dwelling — 0 C N C' N N p P"sl C C N Ni P C S,/C11 Townhouses' 1— 9 C C C C C C C i C C C C'2 C C C C Mobile Fiume Parks' C C C C C C C Plarmed Unit Residential Development' COMMERCIAL cl° c, C C i C C C C i C 1 C C NiC —7— C C LAND USES C RR RRI RS RS1 RS2 RU CC CG �p DI ED R "rNSH I X,, U Automotive Sales Automotive Service straiinis N C I C C N N N N I N C C P P P P ? P 11 N N C N N N P N P Birnks N C C C N_i N C P P P i C N C C C P Business/Constuncr $ervrees N C C C N N C P 11 11 I C N C C C P —Hl Guide Service N C C C N N C, P 1+ —1 i P P N P P C nn Hotels/Motels N N C C C C C C N N N N C C P PP 1 11 !1 P P C N C N C P t P P C P C P {Professional Offices K C � C C N1 N P j P P P P N C P P P Restaurams N C I C C N N C P 1, P C N C j C J c P Retail Business N26 C C C N C P P P 1 PSG S14 C C 1, Wholesale Business N C C C N N C C P P P N 1 S4 1� C C N 'Flicaters"Commiercial Recreation N C C C N N C P P C C I NP C C P -34- Ordinance No. 2414-2009 Attachment ".A" Page 2 of 4 LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use K =Nia Permitted NOTE Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES [AA�i,p.,f--w1d Related Use C RR C RRI C C I] N RS2 N RU C CC 1, C G 1, 11, ? 1 In ED R TSH LC CMLJJ C N =c Automotive Repair N C C 'C C, N C P P P P N N N C P Gas toraini N N C C N N Ni N N C9 C' --- 14 i i N N N N Ma,Ufa,jj,jn0abricssnng/ (Assembly N i I C C C N N C, C P P P TN P C N C lMini-Swragc Facility Yard PSLcaage yard Warehouses e, c N N N C C C 1 C _CC C C C C N j N N N N N 1 C C C C C N P 1, P p P P P j P 1 P, N N N N N C i C N N, N C C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR i RR IRS RSI R1,2 RU CC CC, 11, 111 JJ) TS11 R LCTMU itinons cl."itable Institutions C C C C C -FT P -11P P P C P Churches. C P PX, psl P11, pm p)(I P'° C C P P" P, P P C, log Elementary Schools* C C C C C C C C C C C C C C C C C C C P 1, 1, 1, P P C C C C C P P C C P C C C C C C P kGovernmental Buildings I C C C C C C C P 1, i 1, C P C, C P High SoboolO C C C C C C C p P C C P I C j C C P Hospitals. C C C C C C C, P P P C C (1, C C', P Libraries* C I C C C C C CU 1 1, P C P c P C P Museums C C C C C C C P C-1 P C P C, P 'at Parks and Recreation 1, C C C C C C 1, P P P P P P C P Asaiaatd LivingC j C C C i C C C C C C c C c c C C MISCELLANE02US �R =iS17RS2 �CC U' L LAND I ISES C RR RR) RU CG IL 1H ED R TSD LC (AIU Animal Boarding' C C C N � C C C C'� N C N C C is Bed and 3"im f "is C C C C C C C N C C C P Cabin Rentals C C C C N l N N P P P C l N P P C P Cemeteries C C ! C C N N \1 N C C, C N C C N N rcles homes —T C + N C N N C C C C C N _ i C C C C Day Cue Centers" C C j C C C C C P P 1, C C C C I, P —L -- 4 H DornntoricsYFmadin.- Houses -C —C j C C C c 1, ji ro, S C P pl� C C C 1, Essential Services P i P P P P P 1, P P 1 P P P P 1, li P P Farming/General Agriculture" P I P N N I N N N N N N P N P N I N N ,i`ccnooc Nursenes C C C C C. C I C P P P C N C C C P -35- Ordinance No. 241.4-2009 Attachment "A" Page 3 of 4 KEY: P = Principal Permitted [Jae C = Conditional Use S =Secondary Use N = Not Permatted 14.22,010 LAtND USE. TABLE NOIE Refeence footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS 1 � r � LAND USES C RIi RRI I RS RS1 i RS2 i RCI CC CG i IL [H ED I R i TSH 'i LC I CNI Qualliabing, Printing, N C j C C C C I C P P P P N C. P i P P Taxidermy _� r Assemblies" (Large C C C C C 1 C C P's P10 P" P" F's C P N Pe iCircuses, Fairs, Etc.) I ��� j 1 Pratemal Organizarionsf N C C C C �ttt C C P I' P C' N C P C P lPrivate Clubs/Social Halls and Union Halls ' Nursing; Convalescent or N I C C C C C C7 F P C C C! C C G P Rest Homes Parkin Off-Sueat g� P P P P P P P P P P P I P P P P P Parking, Public Lots') Personal Services" C C C C C ._� C C -y—C C S C C C C C ± C P C C- P� P C� P C� C C C C � C � C Pr't [C',j � P �— � l'/Cn Radm rV'Pransmitters/Cell i P P C C C C C P P 1, P P C C C P Sites** Recreational Vehicle Parks C C C C N I N C C C C C N C C N C Subsurface. Extraction of C C C C C C j C C C C 1 C N C N N N Natural Resour=", _ Surface Eetraetion of (Natural Resources" C C C C N N C N C C C N C N N N '* See 42 USCA Sec. 2000ce (Religious Land Use and Institutionalized Persons Act o'2000) ** See 42 Telecommunications Aar 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 hig.,hways. Commercial or industrial which falls under the landscaping/she puns requirements of KMC 14.25 shall include any secondary used 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 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 harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; E The buildings shall be used only for residential purposes and customary accessary 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 the anticipated population; h. 3-he development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property u4jacent to the proposed dwelling group will not be adversely affected. 4. See "Townbouses"section. 15. See "Mobile Homes" section. -36- Ordinance No. 2414-2009 Attachment "A" Page 4 of 4 110 11 12 116 14. 15. 16. 17. 18, 19. 20. 2L 122. �23 I 124 Allowed as a conditional use, subject. to "Mobile homes" section and provided that any mobile Lome park meet's the minimuml Federal Housing Authority requirements, '.. See "Planned Unit Residential Deveinpment" section. Allowed as a conditional use, provided that the proposed location and the characteristics of the site willnot 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) ieet 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-street parking for the use are located to prevent traffic hazards on public streets. Allowed as a conditional use, provided fiat setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. T'h, 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 ofthe 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 oflatural 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 airpon perimeter f nce or having access to aircraft movement areas. ramps, taxiways or parking aprons, FAA authorized uses are allowed. Development's for use shall be the same as those listed in the "Development Requirements Table" for the RLJJTSH zones. 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. Allowed as an accessory use in conjunction witha permitted use in the E?D zone. For example, a dormitory used to house students for a school or educational facility. Retail businesses allowed as a seanndary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors; tanning salons and massage therapists. Food services are allowed on a temporary or seasonal basis of not more than Four (4) months per year. Limited Commercial Zone Personal Services E 'Conditional Use(C)mP Studios X -Art Barbers Beauticians X Dressmakers Dry Cleaners Self -Service Laundries j Fitness Centers I Massage Therapist X X X j X- X Photon a hip S adios X. j �_ Tailors X Tmtaine Salons X Tattoo Parlors X Personal Services not set forth in the above matrix arc conditional usos. -37- "Village with a Past C# witk a Fature" 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 illll B 1992 `Meciyof // KENALALASKA T O: Rick Koch, City Manager i FROM: Marilyn Kebschull, Planning Administration s 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 Limited 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 Use Art Studios X Barbers �T X II Beauticians X Dressmakers X Dry Cleaners X self-service Laundries X Fitness Centers X --- Massage Therapist X Photographic Studios X Tailors X Tannin Salons X Tattoo Parlors X A public hearing is scheduled before the Planning & Zoning Commission for May 27`h so that Council will have the Commission's recommendation prior to the Council's public hearing on June 3rd. t KENAI. ALASKA Suggested by: Administration 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 third day of June, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: �7 f,&� New Text underlined; (DELETED TEXT BRACKETED( row Suggested by: Administration al c u f CITY OF KENAI KENAI.AtASKR RESOLUTION NO. 2009-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING SHARING COST SAVINGS FROM THE CALENDAR YEAR 2008 HEALTH INSURANCE PLAN WITH EMPLOYEES WHEREAS, the City maintains a health insurance plan that includes a $1,500 individual or $3,000 family deductible; and, WHEREAS, the cost for this plan is significantly less than the premium for the $200 individual and $400 family deductible plan; and, WHEREAS, the City self insures the 81,300 per individual and $2,600 difference in the deductible; and, WHEREAS, the maximum exposure for this self insurance was calculated to be $242,500; and, WHEREAS, the actual cost of the self insurance was $99,389 less than the maximum exposure;and, WHEREAS, as a motivation for the employees to reduce the City's self -insured health care costs, when the plan was implemented the administration told the employees that it would seek to share Calendar Year cost savings with them; and, WHEREAS, the administration recommends that half the savings be shared with employees; and, WHEREAS, sufficient funds are appropriated in the various departmental health insurance accounts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, t'nat in recognition of the fact that there was a savings of $1,170 per employee in the Calendar Year 2008 health insurance plan due to under utilization of the self insurance cost calculated in the plan, the City Manager is authorized to pay $585 to each current employee that was covered by health insurance in 2008. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of June, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR m r _ "Village with a last, C# witlr a Fatare" \ c"y FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 theciyaf KEHALAALASKA To: Rick Koch, City Manager; 1 From: Terry Eubank, Finance Director Date: May 27, 2009 Re: Resolution 2009-24 In January 2007 the City implemented a new health insurance plan that increased the employees deductible substantially with the resulting insurance premium being significantly lower than the prior low, deductible plan. The City then self -insured for the increased deductible by reimbursing the employees through a healthcare reimbursement account for the increased deductible. During the first year of the plan the City saw savings of more than $90,000 of which it shared approximately half with the employees as recognition of the employees efforts to reduce the City's self insured health care costs. Again in calendar year 2008 the City's expenditures for the self -insured health care costs was significantly Linder its maximum and budgeted amount. The City budgeted $242,500 for its portion of self -insured health care yet incurred only $143,1 l I in actual expenditures for a saving of $99,389 or $1,170 per eligible employee. in recognition of their efforts and motivation for employees to continue to reduce the City's self insured health care expenditures the administration recommends that half, $585 per person, be shared with the employees. -41- KENAI CITY COUNCIL - REGULAR MEETING MAY 20, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt waw.ci.kenai..ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: 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) 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. 2395-20€39 -- 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. 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.) -42- 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." 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). 4. Ordinance No. 2404-2009 -- Authorizing a Budget Transfer of 811,000 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. Ordinance No. 2407-2009 -- Increasing Estimated Revenues and Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts. -43- 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 Datarnaster 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 I 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 IF: MINUTES *Regular Meeting of May 6, 2009- ITEM H: NEW BUSINESS .t Ratification of Bills 2. Approval of Purchase Orders Exceeding $1-0,000 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 8350,000 in the Airport Land Sales I ennanent 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 Permitted Uses (P). 6. Discussion -- Connex Placement/Kenai Convention & Visitors Center Property. ITEM 1: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Salmon Task Force ITEM J: REPORT OF s- ADMINISTRATIONITEM K: REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM I,: 1. Citizens (five minutes) 2. Council -45- 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, Churaley Replat From Rural Residential I (RR I) to Limited Commercial (LC), Ordinance No. 2365-2008 -- Amending KMC I30.010 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 - 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. The motion to adopt is active.) Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by 8250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. (Cleric'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 ro KENAI CITY COUNCIL - REGULAR MEETING MAY 20, •9 0. P.M. KENAI CITY COUNCIL CHAMBERS MAYORs ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council. Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk called the roll. Present were: ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately *:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. FLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. The City Clerk took roll. Present were: Hal Smalle Joe Moore Barry Eldridge Rick Ross Vice Mayor Robert Molloy Mike Boyle Pat Porter Mayor A quorum was present. Also present: Maya Johnson, Student Representative The following requested additions/changes to the packet were requested: ADD AS: E-3(b), Substitute B/Ordinanoe 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 in KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 2 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 1C) 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). ADD TO: E-10, Ordinance No. 2410-2009, E-10(a) Ordinance No. 2410-2009 and E-18, Resolution No. 2009-23 -- Request for postponements to June 3, 2009. MOVE: H-6, Discussion -- Connex Placement/Kenai Convention & Visitors Center Property, to be heard immediately prior to Item E-l. MOTION: Council Member Smalley MOVED for approval of the agenda with the additions/changes requested and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. 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) None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly Member Smalley gave a brief report on discussions and actions taken at the May 1.9, 2009 Borough Assembly meeting. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 3 H-6. Discussion -- Connex Placement/Kenai Convention & Visitors Center Property. This item. was moved ahead and heard prior to the public hearings. It was noted, :formation included in the packet described the cost and design for a storage building to be placed on the property behind the Visitors Center. The floor was opened to public comment. Natasha Ala, Executive Director, Kenai Convention & Visitors Center -- Stated her support of constructing a storage building on the property, noting she believed it would be a positive asset and provide space for storage of city property; believed the proposed size of the storage facility was appropriate; electricity and heat would not be necessary; and, she and her Board of Directors encouraged the council's support of the project. Council/Administrati.on comments followed and included the following: • The storage building would house extra racks, chairs, tables, etc. and would not require heat or electricity. • The Center now pays for outside storage. • Space could be made available on other city property for the Center's connex and where representatives of the Center could have access. • Offsite storage could be problematic with transportation issues, etc. • Support stated of the building project as proposed. • Cost to the city would be between $4,500-9,000, depending on whether the building would be placed on a slab or not. • There was a short amount of time to move forward and do the project because it would be done by Workforce Development from the high school and site preparation would need to be completed by May 28. • If funds were made available for this project, there would be other planned building maintenance projects that would not be able to be completed during the current fiscal year. • There had been no request to build a storage building during budget preparation. • Support stated for the project as the cost would be more for leasing a storage facility than the cost for building the storage building. (It was noted, they were two different sources of funding.' yff,11*03 >A Council Member Molloy MOVED to authorize the School District Workforce Development Center to construct a 16 x 24' storage building for the use of the KCVB based on the building materials from the Workforce Development Center, plus the cost of the foundation or slab and direct the Administration to support the timely KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 4 construction through a subcontract for site preparation so it is done by May 28, 2009, Council member Smalley SECONDED the motion. Discussion continued with comments including: e If the project_ went forward, it would provide the city with a very viable and well-done storage building that would serve the Center's need and would be completed in a timely manner. r The building could be wired and insulated later if desired. • Would allow the city to continue its partnership with the Work Force Development Center. Council Member Boyle referred to a memorandum from City Attorney Graves with regard to a conflict of interest of Boyle as an employee of the School District and voting on whether to move forward with the project or not. Boyle stated he disagreed with the Attorney's findings and explained he had no monetary interest in the project and he would receive his normal salary through the School District whether the project proceeded or not. Mayor Porter stated, in reference to the Attorney's opinion, she believed it would be a conflict of interest for Council Member Boyle to vote on the issue as he would receive financial gain for the project through the School District and should not vote on the issue. Council comments included: • Support of partnerships with youth and did not believe there was financial gain to Mr. Boyle as he would be paid anyway. • Believed there was both substantial financial gain and indirect financial interest. ® Disagreement with the Porter's findings as Boyle would not gain financially. e The Workforce had completed other projects for the city and there were no cost issues. a From visual standpoint of the drawings, it appeared the storage building would blend well with the Center. *Student Representative Johnson: Yes Smalley Yes Moore No Eldridge No Ross No Molloy Yes Boyle Abstain Porter No W�11 KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 5 The Center was encouraged to work with Administration to include the building project into the budget. Koch reported he would look into other storage possibilities on city property. ITEM E: PUBLIC BEARINGS (Testimony limited to 3 minutes per speaker.) E 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.) E-1(a). Substitute Ordinance No. 2395-2009 -- Increasing Revenues and Appropriations by S2,888,252.65 in the Airport Apron Rehabilitation - Stimulus Fund for the Grant Funds Awarded Through the "American Recovery and Reinvestment Act (ARRA) Stimulus Package. Council Member Eldridge MOVED to adopt Substitute Ordinance No. 2395-2009 and Council Member Molloy SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. Finance Director Eubank gave an update with regard to the difference between Phases B and C, noting all the funding should be in place by the end of summer. kv*yf I "Student Representative Johnson: Yes Smalle Yes Moore Yes Eldrid e Yes Ross Yes Molloy Yes Boyle Yes (-Porter Yes `. E-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." -51- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 6 (Clerk's Note: Ordinance No. 23.96-2009 was postponed as amended with Substitute Attachment B, to the May 20, 2009 council meeting. The motion to enact is active.) E-2,4 Substitute Ordinance No. 2396-20-09 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." hl s+T3t�is[a'li}�i Council Member Molloy MOVED to enact Substitute Ordinance No. 2396-2009 and Council Member Smalley SECONDED the motion. The floor was opened for public comment. Loretta Pearce, I55 Richfield Drive, Kenai -- Spoke in opposition to the ordinance, noting she felt it was unnecessary and was a form of censorship. There being no one else wishing to speak, the public hearing was closed. Council comments included: • Clarification the Act did not require documents be created, only existing documents disclosed. s Page 25, Board of Adjustment -- The rules for the Board of Adjustment would not automatically fall under the rules of KMC Chapter 14. Council could adopt those rules to apply to the document request Board of Adjustment. • Belief the seven -working days for making a decision on a document request Board of Adjustment should be kept in order for the citizen's appeal to be handled quickly. ® Request to schedule a work session due to a number of other concerns not stated. Council Member Eldridge MOVED to postpone action on Ordinance No. 2396-2009 to no time certain. Council Member Boyle SECONDED the motion. VOTE: *Student Representative Johnson: Yes Smalley Yes Moore Yes Eldrid e Yes Ross Yes Molloy _1 Yes Boyle Yes Porter Yes -52- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 7 BREAK TAKEN: 8:00 P.M. (Council Member Boyle left the meeting.) BACK TO ORDER: S:1 0 P.M. E-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). E-3a. Substitute Ordinance Into. 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). E-3b. 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). W911 KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 8 i', , s, ; s• Council Member Eldridge MOVED to enact Ordinance No. 2403-2009, Substitute B and Council Member Moore SECONDED the motion, The floor was opened for public comment. Loretta Pearce, 155 Ritchfield Drive, Kenai, AK -- Suggested lighting be increased on the highway due to traffic speed and difficulty to move on to the highway. (It was noted, Pearce should contact area legislators and the Department of Transportation because the highway was state jurisdiction.) There being no one else wishing to speak, the public hearing was closed. Council/Administration comments included: ® An explanation was given relative to the difference between the substitute ordinances, i.e. change in personal use and permitted uses under footnote 25. • Another ordinance, moving personal use to conditional use was included in the packet for introduction and would be considered by the Planning & Zoning Commission at its May 27, 2009 meeting. The substitute also included a table with defined uses. • Suggestion both ordinances go before the Planning & Zoning Commission for review and comment. • Both ordinances would accomplish the goals of public hearing comments made at the May 6, 2009 council meeting. Council Member Ross MOVED to forward Substitute B to the Planning & Zoning Commission for consideration. Council Member Molloy SECONDED the motion. *Student Representative Johnson: Yes Smalley Yes Moore Yes Eldridge No Ross Yes Molloy Yes Boyle Absent Porter Yes MOTION PASSED. -54- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 9 E-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. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2404-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public comment. Jackie Steckel, Kenai Convention & Visitors Center Board of Director -- Spoke in support of the ordinance, noting the reason for the request was to compensate for shortage of cash flow caused by the closure of the building during the repairs to the heating system. There being no one else wishing to speak, the public hearing was closed Council comments included: F After a discussion between the Board of Directors and City Manager, a recalculation of revenue loss was determined and although discrepancies remained, the Board was willing to accept the figures presented by Administration. Council Member Smalley MOVED to amend the title, changing references to $11,000 in lines two and four to $3,317,80; changing the reference to $11,000 in the seventh whereas to $3,317,80; changing the reference to $11,000 on page two to $3,317.80; and changing the references to Non -Departmental Transfers of $11,000 to $3,317.80. Council Member Molloy SECONDED the motion. Student Representative Johnson, noting that although her vote would not be counted, declared a conflict of interest in that her mother was the executive director of the Visitors Center. VOTE ON AMENDMENT: *Student Representative Johnson: Abstain -55- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 10 Smalley Ross Yes I Yes Moore Yes ' Molloy i Yew s _; Eldridge _ Bovle Yes Absent _ Porter I Yes MOTION PASSED €7NANDIOUSL"fr . Council comments included: ® The management agreement did not speak to sales to take place in the facility or income received from sales. • The city pays a yearly management fee as well as maintenance supplies, janitorial services, etc. • Would support the ordinance because of the amendments, but would not concede it as a precedent. r Suggestion administration review the contract and amendments to it be considered. *Student Representative Johnson: Abstain Smalley Yes Moore I Yes Eldridge Yes Ross Yes I Mollov Yes Bovle Absent Porter Yes E-5. Ordinance No. M5-2009 -- Increasing Estimated Revenues and Appropriations by $8,590.27 in the General Fund for Reimbursement. Received on the Kenai Historic Cabin Move Project. Council Member Eldridge MOVED for adoption of Ordinance No. 2405-2009 and Council Member Moore SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. Q� *Student Representative Johnson: Yes -56- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 11 MOTION PASSED UNANIMOUSLY. E-6. Ordinance No. 2406-2009 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2406-2009 and Council Member Smalley SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes E-7. Ordinance No. 2407-2009 -- Increasing Estimated Revenues and Appropriations in the Airport Fund for Costs in Excess of Budgeted Amounts. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2407-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes -57- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 12 Smalle v Yes I Moore _ Yes Ross Yes Molloy Yes Eldridge Bo le Yes Absent _ Porter Yes MOTION PASSED UNANIMOUSLY. E-8. Ordinance No. 2408-2009 -- Increasing Estimated Revenues and Appropriations in the Water & Sewer Fund for Costs in Excess of Budgeted Amounts. Council Member Smalley MOVED for adoption of Ordinance No. 2408-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. PI*TA *Student Representative Johnson: Yes Smalley YesMoore I Yes 1 Eldridge 1 Yes Ross Yes Molloy Yes Boyle Absent Porter Yes MOTION PASSED UNANIMOUSLY. E-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 (AFISO). Council Member Smalley MOVED for adoption of Ordinance No. 2409-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. *Student Representative Johnson: Yes �i :11 KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 13 Smalle Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Bo le Absent Porter I Yes E-10. Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. E-10a. Substitute Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010, Council Member Eldridge MOVED for adoption of Substitute Ordinance No. 2410- 2009 and Council Member Molloy SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. Council Member Ross noted, though he had no direct or indirect financial interest in the budget, he did have a relative who was an employee of the police department, but who was not a member of his household. Attorney Graves stated, because the member of Council Member Ross was not a member of his household and he had no direct or indirect financial gain from the family member's employment, he did not find it a conflict of interest for Council Member Ross to vote on the ordinance. Mayor Porter agreed and informed Ross he could vote on the ordinance. Council Member Ross also noted his son was an unpaid board of director for a contractor for the city, however his son was not a member of his household. Mayor Porter informed Ross he could vote on the ordinance. Other comments included: • it was also noted, approving the budget would also approve a raise in the council stipend. • Reference made to a memorandum added to the packet at the beginning of the meeting, noting Administration's request for the postponement of Ordinance No. 2410-2009 and Resolution No. 2009-23 to the June 3, 2009 meeting due to the lack of advertising consistent with the Kenai Municipal Code. no KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 14 Council Member Smalley MOVED to postpone Ordinance No. 2410-2009 to the June 3, 2009 council meeting and Council Member Molloy SECONDED the motion. ss I•'+ ,� *Student Representative Johnson: Yes Smalley Yes y Ross Yes Moore Molloy Yes Yes I Eldridge Yes —� I Boyle Absent p r . or.er _ es s s r It was noted, the public hearing would remain open to allow for public testimony at the June 3, 2009 meeting. E-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. Council Member Eldridge MOVED for adoption of Ordinance No. 2411-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes FJLs •,Vm E-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. W KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 15 MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2009-19. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. E-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. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009-20 and requested. UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak; the public hearing was closed. VOTE: There were no objections. SO ORDERED. E-14. 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. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009-21 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. VOTE: -61- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 16 There were no objections. SO ORDERED. E-15. 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. Council Member Smalley MOVED for adoption of Resolution No. 2009-22 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened to public comment. There being no one wishing to speak, the public hearing was closed. Administration reported a resolution of support was required by the Department of Transportation; the project would was moving forward; and, the project would be completed probably by 2012 or 2013. Administration was asked to research whether the speed limit could remain at 45 miles per hour even if the road would have shoulders. There were no objections. SO ORDERED. E-16. 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. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009-23 and Council Member Eldridge SECONDED the motion. The floor was opened for public comment. Duane Bannock, 1908 Aliak Street, Kenai -- Spoke in support of the resolution. MOTION FOR POSTPONEMENT: Council Member Smalley MOVED for postponement of Resolution No. 2009-23 to the June 3, 2009 council meeting, with a continuation of the public hearing. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. -62- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 17 It was noted, the postponement was because statements within the resolution referred to the budget ordinance passage. VOTE 0I1 POSTPONEMENT: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of May 6, 2009 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS 11-1. Ratification of Bills -- None. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-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. Introduced by approval of consent agenda. H-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. Introduced by approval of consent agenda. -63- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 18 H-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). Introduced by approval of consent agenda. H-6. Discussion -- Connex Placement/Kenai Convention & Visitors Center Property. This item was moved ahead and heard prior to the public hearings. ITEM I; COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Ross reported the May meeting had been cancelled. Mayor Porter noted the application of Ron Fullinck was in the packet for consideration of appointment to the Council on Aging. With no objections from council, Mayor Porter appointed Fuliinck to the membership. I-2. Airport Commission -- Council Member Eldridge reviewed discussions and actions taken by the Commission at their May 14, 2009 meeting. I-3. Harbor Commission -- Council Member Smalley referred to the meeting summary included in the packet, noting there was no quorum. Mayor Porter noted the application of William Niederhauser was in the packet for consideration of appointment to the Commission. With no objections from council, Mayor Porter appointed Niederhauser to the membership. I-4. Library Commission -- It was noted the meeting summary of the May 5, 2009 meeting was included in the packet. I-5. Parks & Recreation Commission -- Council. Member Moore reported the next meeting was scheduled for July 2, 2009, I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the May 13, 2009 meeting minutes which were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter noted the May 12, 2009 meeting summary was included in the packet. I-7b. Alaska Municipal League Report -- Council Member Smalley reported on recent meetings and that he would be attending the summer AML meeting in Palmer. Mayor Porter noted she planned to attend the summer meeting as well. •s KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 19 I-7c. Mini -Grant Steering Committee -- No meeting. I-7d. Advisory Cemetery Committee -- Council Member Eldridge reported the next meeting would be held on May 21, 2009. I-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley gave a brief report of recent meetings and discussions, i.e. kitchen project concerns, heater noise and dust, and desire for better cooperation between the facility and city administration. City Manager Koch gave an update on the kitchen project, consultant to investigate and resolve the heater issue, etc. I-7f. Salmon Task Force -- Council Member Moore reported on the work session held with council on May 18, 2009, noting recommendations, formation of a Natural Resources Commission, and coordination with the City of Soldotna. Moore requested a discussion item to that regard be included on the June 17, 2009 council meeting agenda. Administration was requested to research other ordinances for Natural Resources Commissions within the state and thank you letters to the Task Force members were requested to be sent. ITEM .I: REPORT OF THE MAYOR -- Mayor Porter noted the following items: • She attended the Kenai Central High School graduation, Alliance meeting, and BP's Teachers of Excellence Award. • Fire hydrants were painted by local grade school classes. • Noted new Kenai businesses and an article related to Kenai in the Alaska Business Monthly. • Traveled to Washington, DC to observe the Presidential Award presentation made to Kenai student Lincoln Wensley and while there, met with the Senators Murkowski and Begich and discussed the bluff erosion project. E-1. City Manager -- City Manager Koch reported the following: • He was busy with Stimulus grant funding paperwork and going through the ICMA certification process. • Noted the Special Use Permit from the Chugiak Baptist Organization with regard to providing volunteer outreach services related to the Personal Use Fishery. Concerns were expressed with regard to competition to other city restaurants due to the Organization giving away food, what is involved with the orientation and training they provide to their volunteers, and liabilities to the city. Having a representative speak to council was suggested, as well as a preference to using a Memorandum of Agreement instead of a Special Use Permit for their activities. -65- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 20 K-2. Attorney -- Attorney Graves noted he would be out of the office from May 21-26, 2009, K-3. City Clem -- Clerk Freas read into the record the email transmission from a representative of Kenai Landing, Inc., noting their withdrawal of appeal. ITEM L: DISCUSSION L-1. Citizens (five minutes) Bob Peters, Old Town, Kenai -- Stated his support of the efforts of the Chugiak Baptist Organization volunteers. Natasha Ala, Executive Director, Kenai Convention & Visitors Bureau -- Reported visitors had expressed concerns to them related to the Organization's questioning persons on the beach about their religious views. She also noted they would be very happy to provide the beach visitors with information related to activities going on in Kenai. L-2. Council Smalley -- ® Thanked the Airport Manager for the Air Faire shirts. • Thanked and congratulated the Police Department for their expertise and working relationship with the Soldotna Police Department and the Alaska State Troopers. • Reported there were 48 students who graduated from Kenai Alternative School this year. ® Was involved in the Kenai Little League opening ceremonies. b Corrected an earlier comment related to the Borough Assembly, Borough Mayor and an ordinance introduced to place a question on the ballot related to changing from Assembly/Mayor government to Assembly/Manager. Moore -- Though he appreciated volunteers, stated concern the city should, at a minimum, require insurance from the Organization, along with a formal permit; and would like a presentation from the Organization at a council meeting. Eldridge -- Noted the formal opening of the wildlife viewing platform. Johnson -- Noted it was the last day of the school year and she participated in the Police Department's shooter drill during the previous week. Ross -- Reported he attended the graduation ceremony and congratulated Johnson on being promoted to the senior class. KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 21 Molloy -- Referred to information included in the packet related to information request tracking software. 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. 2365-2009 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI 0 budget process.) Ordinance No. 2347-2008 -- Repealing the Existing KMC 1,15.040 and KMC 1.15.050(e) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15,040 Entitled, Agenda and Packet - Development -Preparation -Distribution -Publication -Late Materials. (Clerk's Note: 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. The motion to adopt is active.) Ordinance No. 2398-2009 -- Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $20-0,000 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 There being no further business before the Council, the meeting adjourned at approximately 10:35 p.m. -67- KENAI CITY COUNCIL MEETING MAY 20, 2009 PAGE 22 Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in. the minutes. A student representative may not move or second items during a council meeting. PAYMENTS OVER $16,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: JUNE 3, 2009 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 61,386,84 ENSTAR GAS USAGE VARIOUS UTILITIES 24,633.00 PERS MAY PERS VARIOUS LIABILITY 145,176.46 i 6 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. PURCHASE ORDERS OVER $16,000.00 WHICH NEED COUNCIL APPROVAL. COUNCIL MEETING OF; JUNE 3, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT JACKSON ENTERPRISES DOCK FUEL DOCK OPERATING SUPPLIES 17,500.00 KIDDE FIRE TRAINERS SOFTWAREIHARDWARE UPGRADE TRAINING FACILITY REPAIRS & MAINTENANCE 18,000.00 INCREASE OF EXISTING PURCHASE ORDER :dENDOR DESCRIPTION P.Q. # - DEPT. REASON AMOUNT TOTAL PO AMT VISITOR CTR HEATING SYSTEM 89293 - VIS CTR HEATING SPEED CONTROLLERS, VIBRATION ISOLATORS 1,998.07 537,001.35 BLAZY CONSTRUCTION REPLACEMENT SYSTEM REPLACEMENT 83080 - ARSENIC HDL ARSENIC GROUNDWATER STUDY GROUNDWATER STUDY AMEND. NO. 10 99,835,00 397,666,00 "'Village wdk a Past Ci% wA a /tare r' rr 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 1992 KENAL ALAKKA TO: Finance Department FROM: Rick Koch, City Manager DATE: May 28, 2009 SUBJECT: Arsenic Groundwater Study Please increase PO 83080 to HDL by $99,835 for Amendment No. 10 to their contract for Arsenic Groundwater Study as per proposal dated April 8, 2009. The increase is for a hydrology study for a new well near Well House No. 2. For Council Approval: June 3, 2009 ADEC Approval: -71- - April 8, 2009 Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611-7794 Re: Fee Proposal for Engineering Services Kenai Water System improvements Dear Mr. Koch: 6 FS ?'T f.I Ui.G DILLEY & LII INTI,' Engineering rci sultants !r �`xrz��tatyyy�Q`s, /i Hattenburg Dilley & Linnell (HDL) is pleased to present this fee proposal for design phase engineering services for the Lawton Drive to Kenai City Well 2 waterline extension and to design a new well near Well 2. The project includes approximately 11,000 feet of new 16- inch waterline; conducting a well drawdown test on Well 2; selecting the location of the new well; and designing the new well. As an alternate, we have included the cost of designing a sand filtration system, if required. The alignment for the new water line follows Lawton Drive across a marshy area to Seaver Loop Road and then north along Beaver Loop Road across Kenai Spur Highway to Well 2. The proposed alignment is shown on the attached Figure 1. At the intersection of Lawton Drive and Swires Street the new waterline connects to an existing 12-inch DIP watermaln. A portion of the project, from the intersection of Lawton Drive and Swires Street across the marshy area to Togiak Street was designed in 2004 by Nelson & Associates (Nelson). We will reuse the Nelson design. The Nelson design consists of approximately 6,500 of 14-inch HDPE waterline. We understand that the City's goal is to develop an additional groundwater well or wells that will produce 600 to 800 gallons per minute (gpm) for the water system. The well casing for this size of well will be on the order of 12 to 16 inches in diameter. To design a well of this magnitude, aquifer characteristics such as permeability, thickness, and capacity should be evaluated, and the aquifer's ability to produce a satisfactory quantity and quality of water should be determined. The preferred location for this .new well is near the existing Well 2. We will need to perform a well drawdown test to determine the distance necessary to minimize interference with Well 2's production capability. SCOPE OF SERVICES We propose to provide professional services required for design of the needed Scott Hattenburg, PE improvements and to assist the City with competitive bidding and selection of a contractor to construct the work. We understand that the improvements are to be constructed under one Lurie Diiiey, PE/cPG contract and are planned for the 2010/2011 construction season. Our work will include a nennis Linneii, PE design survey, geotechnicai investigation, hydrological study, permitting, civil design, and Jd Cundin, Pc 3335 Arctic Boulevard Suite 100 m Anchorage Alaska 99503 Phone. 907.564.2120 •Fax: 907.564,2122 808 South Bailey Street Suite 102 Palmer Alaska 99645 Phone'. 907.746.5230 Fax: 907.746.5231 _72_ RE' Kenai Water System Improvements April 8, 2009 Page 2 of 9 bidding assistance. We anticipate that most of the work will by completed by HDL staff. Mechanical and Electrical work will be done by EDG, structural work will be done by David Thompson, PE. ,_,.. a. Surveving. HDL's survey crew will perform a survey of the project area shown in the attached sketch. As the new well location has not yet been determined, the final survey limits may change to provided survey data only where needed for the well, waterline, and pump house design. We will build on and use the Nelson survey as the basis of our vertical and horizontal control. Whenever possible survey control will be established using existing monuments and benchmarks. We will set additional vertical and horizontal control to aid in construction. We will research existing record plats, recorded documents, surveys, and right—of-way (ROW) drawings for the project area. We will recover sufficient monumentation to create a best -fit solution for the ROW however, should the project require ROV1/ taking or platting, additional survey may be required at additional cost to complete that task. Topographic data will be gathered by taking cross sections every 50 feet for the width of the ROW plus twenty foot beyond on each side. Data will also be gathered in a 50 foot grid approximately 500 feet from the existing well location. The survey will include planimetric data for all surface improvements and above and below ground utilities. Large improvements and significant drainage features outside these limits that may impact design will also be located. We will meet with utility companies to coordinate utility locates and gather as -built drawings. With the field survey complete, we will reduce the data and deliver the final design survey basemap to our in-house designers. We will also prepare'a stamped survey control diagram for construction which will be included in the final plan set. We anticipate performing the fieldwork in late winter to early spring with little or no snow cover- b. Propertv Ownership. Our preliminary research has shown that the new well location may fall on parcels owned by the State of Alaska Department of Natural Resources or the Kenai Peninsula Borough. In either case, an easement or purchase of the parcel may be required. HDL's survey group will provide survey and document preparation in support of the property issues as an additional task. Our current scope does not include re -platting existing lots or rights -of -way, extensive title research, or acquiring easements or temporary construction permits as=r 2' - Gacteuir!nll of Orwsstiigafian The existing waterline drawings show 8 borings that were drilled to about 11 to 11.5 feet with one boring advanced to 15 feet. The borings indicate silts and sands as the main soil types. Peat was encountered to about 13.5 feet approximately 1,600 feet east of the intersection of Swires Street and Lawton Drive. Approximately 700 feet east the peat diminishes to 7 feet in thickness. Approximately 2,500 feet from the eastern end of the project the peat diminished to less than 2 feet in thickness. The borings do not indicate a depth to the water table which is important to contractors. In the wetlands the water table is waxy;ummwemwnorvvsr+mnxrmwuwwwman;rq.'mmmmmnmaic«rom»w!xrz.'iamrtmcwm^umnvm..-m«%.wmm..:m�weia.ev+sn:veamvmv ,e � C HATTE JBURG.O�LL 1 &.,INIJ. L -73- RE: Kenai Water System Improvements April 8, 2009 Page 3 of 9 assumed to be at the surface. However, in other areas water depths and soil conditions are needed to property design and construct the project. Therefore, HDL proposes to advance 4 additional borings to 15-foot deep to identify subsurface conditions along the alignment. In addition, we will advance four borings within the footprint of the well house to a 25-foot depth. Split -spoon samples will be obtained from the surface, 2.5-foot, 5-foot, 10-foot, and 15-foot depths. We will field classify soil samples and perform laboratory gradation and moisture content testing on select samples. We will determine frost susceptibility and develop design recommendations for trench and pipe foundation, subgrade improvements, the road borings, building foundation, and the storage tank. In addition we will install 1-inch PVC slotted pipe about every other boring to monitor groundwater levels. Groundwater levels will be checked immediately after installation and about 2 to 3 weeks later. The deliverable for this task will be a report including a summary of the field program and our recommendations supported with soil bore logs and laboratory 'test results. a;5- �x G�4,�C.k,"car6bg,r..r�) Sn�u,C%�¢ a, Well Drawdown Test. A well drawdown test will be performed on City Well 2 and will consist of a constant discharge test. The purpose of this testis to estimate the zone of influence that City Well 2 has and the data will be used to locate the new production well. The test will follow ASTM Standard D 4050-96 for the field procedure and D 5920-96 for the analytical procedure. The test involves pumping the control well at a sustainable rate. During the test, water level measurements are made in each observation well at approximately logarithmic intervals of time. Ten data points are made In each Interval. The first interval is typically 3 minutes after the start of the pumping test. The test usually lasts about 16 to 24 hours. The data from the well flow test will be analyzed to provide transmissivity, storage coefficient, specific yield and hydraulic conductivity of the aquifer. We will identify observation wells that are located at varying distances from City Well 2. These observation wells will need to be hydraulically connected to Well 2. We understand that Beaver Creek Well is available as an observation well and that a residential well is also available. The Beaver Creek Well has approximately 40 feet of mineral oil in the well casing. This will have to be pumped out prior to its use as an observation well. In addition we will need access to the residential well during the test. We have included the price for drilling a third observation well. The observation wells will be installed with a water level data logger that will record the fluctuations in the water table during the pump test. b. Confirmation Well Drilling. After a location for the new production well is identified, we propose to advance a 6-inch confirmation well for testing. This will provide confirmation on the design of the new production well. The test hole will be drilled by air rotary equipment to no deeper than about 250 feet. Soils will be sampled as they are brought up in cuttings by the drilling action, and drilling will cease when the aquifer has been reached. A 30-foot well screen will be installed in order to obtain water samples for water quality testing. Aquifer water will be sampled by lowering a bailer through the HA7ENBURG OILLEY&LNNELL ECG n®Bfl lig CO[i6V 1 d(I l5 -74- RE: Kenai Water System Improvements April8, 2009 Page 4 of 9 casing and manually retrieving a water sample. An engineering geologist from our office will be on -site during the drilling in order to evaluate the nature of the soils, collect samples, and to observe the drilling action. c. Water Quality Sampling. The collected water samples will be submitted for laboratory testing. The analytical test package will be that required by ADEC for Class A water system. The water quality testing will take about 3 weeks for a report. d. Well Flow Tests. If the analytical samples return with a source of water that meets the requirements for a Class A water system then we will conduct a pump test. This well flow test will confirm that the well is hydraulically in the same aquifer and how much pumping from the new production well will affect existing Well 2. The pump test will be conducted for a minimum of 24 hours and may last as long as 36 hours. The test generally requires two people in order to measure the water levels in the observation wells. 1sk fl-;`'Envircrli�mq:'tal! Rav'G-Ju and parm"I' The use of federal funds (EPA grant) requires compliance with National Environmental Policy Act (NEPA) regulations. Due to the requirements imposed from the previous permits for the sewer line and the high value wetlands we anticipate that the work under this contract will require an Environmental Assessment (EA). The EA will look at a No -Action Alternative and the proposed project. In addition the Alaska Department of Fish & Game (ADF&G) may impose certain conditions for the construction of the waterline as was done for the construction of the sewerline with the major condition being construction during the winter months. For the EA, we will provide the necessary research, assist the City with public notices, obtain the State Historic Preservation Office Letter of Concurrence that no historic properties will be affected, and complete the required environmental documentation for approval of an EA from EPA. We have budgeted for one public meeting since this project does not appear contentious and will provide for a significant public need. We will submit a completed Coastal Zone Project Questionnaire and anticipate permits to include: COE 404 Wetlands permit, Alaska Fish & Game Title 16 Habitat permit, Approval to Construct and Operate from the Alaska Department of Environmental Conservation (ADEC), and a Major Utility Permit from Alaska Department of Transportation and Public Facilities for the Kenai Spur Highway crossing. We will complete the required permit application and coordinate with ADEC for plan review. We have included in our fee an estimate ofthe ADEC review fee, assuming up to two waivers. Task IS — Design (Ease projigct. W'elf, Wo—It house, Stoca;ge T an,k and UVatemF L.InD) Construction Plans and Specifications. We will prepare a complete set of construction documents, including plans prepared using AutoCAD� 2008 and a Project Manual of bidding and contract documents and modifications to the Municipality of Anchorage Standard Specifications (MASS}, The plans will include water plans and profiles, cross -sections, details, and road boring plans. A well site plan will be prepared showing property H_A'I—ENS RG DILLEY &UN NE L E q nee-ngbcnso rte pt`e -75- RE. Kenai Water System Improvements April8, 2009 Page 5 of 9 boundaries, source location and known sources of contamination. In addition to the plans for the waterline, plans will show the well and well completion details, well house, above - grade and buried piping to the water main, and related improvements. The well house will consist of a small split -faced block structure with a roof hatch to pull well pumps similar to Well 2. The well house will be heated, lighted and insulated. Well details will include well screen requirements, grouting and source protection details, the filter system around the well, and other pertinent details of the well. Our design effort will include pump selection, screen selection, determining the well casing depth and screen locations, and soft start or VFD controls. Well House Piping. Instrumentation and Treatment The new well house design will include chlorination and fluoridation of raw water, backflow prevention, pressure regulation, metering, and supervisory controls that tie into the City's existing SCADA system. Filtration or other water treatment processes are not anticipated. Well House Electrical and Mechanical Desiqn Services. The electrical design will include new electrical services to the well house and filtration buildings with associated coordination with Homer Electric Association. It will consist of all power distribution including standby power generation, as well as lighting, instrumentation, controls and a supervisory control and data acquisition (SCADA) systems. Controls will be designed for the well pump/tank filling, water chlorination and pressure pump operations in the well house. Controls in the filtration building will operate the pressure and backwash pumps, motor operated valves, solenoid valves and other components as necessary to automate the various filtration and backwash sequences. It is anticipated that all controls will be programmable logic controller (PLC) based. The SCADA systems for each building will be compatible with the City of Kenai's existing monitoring system. The mechanical design will include the well house and filtration building heating and ventilation requirements, including ventilation requirements for the standby generator. It will also include fuel piping for the building heating and standby generator and coordination with the local gas utility for gas services to the site. Structural Design Services. Structural Design Services will include design of the well house structure and foundation. David G. Thompson, P.E., will provide structural design. We anticipate approximately 33 civil/structural sheets (48 sheet total including mechanical and electrical) for the base project, and an additional 20 civil/structural sheets (33 sheets total including mechanical and electrical) for the filtration building and sewer line. The following is a breakdown of the base project (well, well house, storage tank, and water line). 1 Cover Sheet / Drawing Index 1 motes, Abbreviations and Legend 1 Sheet Map, Project Layout Plan 1 Existing Water System Plan 1 Survey Control Diagram HA'T N9URG EILEY & UNNELL g nng Consu to R¢ -76- RE: Kenai Water System improvements April 8, 2009 Page 6 of 9 2 Typical Sections 1 Summary Table 18 Plan and Profile — Water 3 Civil Details 2 Plan & Profile Sheets for Well Tie In, 1 '=20' at full size 1 Water Well and Well Completion Details 1 Well House Piping Layout 1 Well House Piping and Instrumentation Diagram (P&ID 2 Civil Details (including chlorination/fluoridation) 5 Well House Structural and Foundation 15 Electrical and Controls 48 Sheets tfi,i:tl Gufr.a. sic-f°vt *C e' (Ihhal_.. f 9tt".re cjrI 1 Ltj d"ti' `E and" seTC i... Line Water Treatment Building and Sewer Line Extension. If water quality testing determines that water filtration is needed, we will design a water filtration building and a 50,000 gallon storage tank at the end of the water treatment train. The water filtration building would be an approximate 40' by 60' pre-engineered building on a concrete foundation. The water filtration building would house multiple horizontal cylindrical tank sand filters and would be heated. The water filtration building would be located in the vicinity of Well 2. It is assumed that both Well 2 and the new well would feed raw water into the existing 50,000 gallon water tank at Well 2, then water would flow through the water filtration building. After filtration water would flow to a new 50,000 gallon tank, be pressurized, chlorinated and discharged into the water distribution system. Water filtration would also require the extension of city sewer at Beaver Loop and Lawton Drive to the water filtration plant. Backwash from the filters would flow into the city sewer system, using the new sewer line. Plans will be prepared in English units in AutoCADO 2005. Specifications will include special provisions to MASS, bidding and general requirements, and technical specifications. Plans will be bid -ready and will be stamped by a licensed professional engineer. Construction Cost Estimate. We will prepare a preliminary construction cost estimate when the design is approximately 65% complete and then update the construction cost Estimate at final design to reflect final quantities and pay items determined in the final detailing of the work. Quantities will be updated and we will re-examine and update unit prices to provide an accurate final estimate. Quality Assurance (QA) Program. HDL will perform an internal review of documents. Our internal QA review will be performed by an independent senior -level professional engineer with a minimum of 20 years experience. Comments will be addressed and resolved, and documents updated prior to submission to the City. The design documents will be submitted to the City for comments at approximately 65% completion and at 95% completion. We will submit to ADEC for plan review at 100% complete design. ADEC will review final plans and En3lrear ag �lura�ltanls -77- RE: Kenai tq/ater System Improvements April8, 2009 Page 7 of 9 specifications and accept the design prior to bidding the project. HDL will coordinate comments received and will resolve and respond in writing to each comment. Once the design is approved in writing by the City of Palmer, bidding can proceed. Deliverabies. The deliverables for this last( will be bid -ready plans, stamped and signed by a registered professional engineer in the State of Alaska, a bid -ready Project Manual with bidding and contract documents and special provisions, and an Engineer's Construction Cost Estimate. We anticipate the bid -document distribution will be through the City's web - site; we will provide deliverables in hardcopy and Adobe PDF format. We have included in our fee the cost of reproduction for 12 plan sets for the City, agencies, and consultant team. Taz,lil- ` 16fiadllV HDL will assist the City with bidding the project. We will conduct a pre -bid conference, respond to bidders' questions, prepare addenda as necessary, tabulate bids and check proposals for completeness, review bonding and insurance submittals, and provide a written recommendation for award based on the lowest responsive bid. BASIC ASSUMPTIONS The following basic assumptions were used to prepare this estimate: 1. The improvements wilt be designed in one package and bid one time. 2. Landscaping other than topsoil and seeding in the disturbed areas is not anticipated. 3. Design and construction of natural gas, power, and telephone and cable television utility relocations or extensions will be provided by the utility companies. We will provide coordination of this work on behalf of the City. 4. Traffic Control Plans are not included in our scope of services, but will be required of the construction contractor. 5. Design of a temporary water system is not anticipated. 6. Preparation of a Storm Water Pollution Prevention Plan is not included in our scope of services, but will be required of the construction contractor. 7. We do not anticipate performing a study to determine if the ground water is under the direct influence of surface water. 8. We assume during the pump tests we will have access to the nearby residential well and to the Beaver Creek well to monitor ground water levels. '. HFt i , eNEURG,�,iI,iEY 8 UNNELL cm Cn�,neerl ifi Corsutlons -78- RE. Kenai Water System improvements April 8, 2009 Page 8 of 9 9. We will avoid geotechnical borings in the peat bog and that the previous geotechnical borings will be used for the Lawton Drive water line design. 10. Design of water treatment other than filtration, chlorination and fluoridation is not included. 11. Standby power will be required at the well house. 12. HEA fees for electrical service(s) are not included, 13, ADEC fees for design reviews and permits are included. 14. DNR water right fees are not included 15. Advertising costs for bids or public notices are not included. 16. Construction Administration and inspection (CA) is not included in this fee estimate. The CA scope, level of effort, and fee will be determined when the design is complete and can be added as a contract amendment. Upon notice to proceed we will commence field work as soon as possible. Based on a NTP of about June 1, 2009, we would anticipate selecting and confirming the well location and capacity by July 13, 2009 and bid ready documents by September 17, 2009. Permitting and review would occur in October 2009 and the bid process would occur in November 2009. Construction would occur during the winter of 2009/2010 and would be completed by September 2010. Our anticipated delivery date could be affected by an extended DEC plan review period or by significant revisions requested by the City or agencies. See our attached schedule. jo We propose to provide the aforementioned services on a time and expenses basis at our published hourly labor rates and standard 5% mark-up of subcontracts and reimbursable expenses for a fee not to exceed $450,095 for the base project and an additional $213,564 for the water filtration system and additional sewer line, as detailed on the fee estimate dated April 8, 2009, We appreciate the opportunity to provide this proposal and look forward to assisting the City with these important projects, If you have any questions, you can contact me at 564-2120, 4F7ENSURG 01LLE\ &tINNELL 7"(°� � 5 p e ig ConsoRe nis - RE. Kenai Water System Improvements April 8, 2009 Page 9 of 9 Sincerely, HATTENDURG DILLEY & LINNELL, LLC Scott Hattenburg, PE Principal Engineer Attachments: Fee Worksheet (5 pages) EDC Proposal dated March 18, 2009 (3 pages) Preliminary CIP Estimate (2 pages) Preliminary Schedule 11 x 17 (1 page) H:\proposais;79-018 Kenai Water Well, Waterline, and UJell test\Feb 09\Kenai Water Proposal 8 Apr 09.doc _. .....ne .. .....a�.0 ., ....,.,�.,.��...�.. n.,..,,,..,,...:s..r.�...-�,<.,w„-.....,�.,.,... .,.,.,.,�a....... _.. .m—:--- HATTENBLRG�ILLEY&LINNELL --E g ee inq Goi sulla�ts -80- Project: Kenai Water System improvements Engineer: Hattenburg Dilley & Llnnell Scope: Design and Bidding Date Prepared: 04/08/09 ITEM ITEM ACTIVITY QTY RATE LABOR REIMB SUB TOTAL TOTAL 1.0 Surveying and Mapping ............. ...................... ................ -- ............. ....... $37,300 Research 3,440 Survey Manager 16 hrs @ $130 2,080 Survey Technician 16 hrs @ $85 1.360 Control and Design Survey 24,280 Survey Manger 16 hrs @ $ 130 2,080 2-Man Survey Crew 80 hrs @ $ 185 14,800 2-Man Survey Crew Overtime 20 hrs @ $ 215 4,300 Airfare 4 ea @ $ 175 700 Food and Lodging 2-man/day 12 ea @ $ 200 2,400 Topographic and Control Drawings 9,580 Survey Manager 24 hrs @ $ 130 3,120 Surveyor Technician 16 hrs @ $ 85 1,360 Drafting Technician 60 hrs @ $ 85 5,100 2.0 Geotechnical Engineering ..................................................................................... $27,175 Management & Utility Coordination 3,280 Geotech Engineer 12 hrs @ $ 160 1,920 Project Geologist 16 hrs @ $ 85 1,360 Fieldwork -1 3,595 Project Geologist 24 hrs @ $ 85 2,040 Monitoring Wells Check 12 hrs @ $ 85 1,020 Mob/Demob Drill Rig 1 ea @ $ 1,500 1,500 Drilling 8 borings (180 ft total) 280 ft @ $ 26 7,280 Piezometers 60 ft @ $ 2 120 Flush mounted caps 4 ea @ $ 125 500 Cold Patch Asphalt 4 ea @ $ 40 160 Misc. Reimbursable 1 ea @ $ 200 200 Airfare 1 ea @ $ 175 175 Per Diem 4 days @ $ 150 600 Laboratory Analvsis 1,540 Grain Size/Atterburg Limit 12 ea @ $ 75 900 P200 8 ea @ $ 35 280 Moisture Content 36 ea @ $ 10 360 April 8, 2009 Page 1 of 5 Kenai Water System Improvements -81- STEM ACTIVITY QTV RATE LABOR RENTS sue TOTAL TOTAL Memo Report and Recommendations 8,760 Geotech Engineer 24 hrs @ $ 160 3,840 Project Geologist 40 hrs @ $ 85 3,400 AutoCAD Drafting 16 hrs @ $ 95 1,520 3.0 Hydrology Study. ... ........ .................. .................... ....... ...... ....... ...... $ 99,835 3.1 Pumping Test $15.770 Geotech Engineer 16 hrs @ $ 160 $ 2,560 Staff Scientist 40 hrs @ $ 85 $ 3,400 Engineering Tech 40 hrs @ $ 75 $ 3,000 Bill Kranich 8 hrs @ $ 145 $ 1,160 Airfare 2 as @ $ 175 $ 350 Truck Rental 4 days @ $ 75 $ 300 Per Diem (2 staff) 8 days @ $ 175 $ 1,400 Testing Supplies 3 as @ $ 1,200 $ 3,600 3.2 One Observation Well - 250 feet $ 22,050 Geotechnical Engineer 12 hrs @ $ 160 $ 4,920 Staff Scientist 24 hrs @ $ 85 $ 2,040 Mob& demob 1 ea @ $ 21500 $ 2,500 Drill Rig & Crew 250 ft @ $ 43 $ 10,750 Surface Casing 50 ft @ $ 75 $ 3,750 Per Diem (staff) 3 days @ $ 150 $ 450 Airfare 2 ea @ $ 170 $ 340 Misc. 1 as @ $ 300 $ 300 3.3 One Confirmation Well - 250 feet $ 34,350 Geotechnical Engineer 12 hrs @ $ 160 $ 1.920 Staff Scientist 24 hrs @ $ 85 $ 2,040 Mob& Demob 1 ea @ $ 2,500 $ 2,500 Drill Rig & Crew 250 ft @ $ 43 $ 10,750 Surface Casing 50 ft @ $ 75 $ 3,750 Screen 30 ft @ $ 250 $ 7,500 Developing the Well 12 hrs @ $ 400 $ 4,800 Per Diem (staff) 3 days @ $ 150 $ 450 Airfare 2 ea @ $ 170 $ 340 Misc 1 ea @ $ 300 $ 300 3.4 Water Quality Testing $ 2,960 Geotechnical Engineer 3 hrs @ $ 160 $ 480 Staff Scientist 8 hrs @ $ 85 $ 680 Class A Water Well Suite 1 ea @ $ 1,800 $ 1,800 April 8, 2009 Page 2 of 5 Kenai Water System Improvements -82- STEM ACTIVITY OTY RATE LABOR REIMS SUS TOTAL TOTAL 3.5 Pump Tests $11,505 Geotechnical Engineer 8 hrs @ $ 160 $ 1,280 Staff Scientist 24 hrs @ $ 85 $ 2,040 Engineering Tech 24 hrs @ $ 75 $ 1,800 Bill Kranich 8 hrs @ $ 145 $ 1,160 Airfare 2 ea @ $ 175 $ 350 Truck Rental 3 days @ $ 75 $ 225 Per Diem (2 staff) 6 days @ $ 175 $ 1,050 Testing Supplies 3 ea @ $ 1,200 $ 3.600 3.6 Analysis & Memo $13,200 Geotechnical Engineer 40 hrs @ $ 160 $ 6,400 Staff Scientist 80 hrs @ $ 85 $ 6,800 Bill Kranich 16 hrs @ $ 145 $ 2,320 4.0 Environmental Permits........................................................................................................ $24,950 Environmental Document 10,160 Principal 12 hrs @ $ 160 1,920 Senior Environmental Specialist 24 hrs @ $ 110 2,640 Environmental Specialist 40 hrs @ $ 70 2,800 Drafter 24 hrs @ $ 95 2.280 Clerical 8 hrs @ $ 65 520 Permits 8,360 Principal 4 hrs @ $ 160 640 Senior Environmental Specialist 24 hrs @ $ 110 2,640 Environmental Specialist 40 hrs @ $ 70 2,800 Drafter 24 hrs @ $ 95 2,280 Public Meetings 6,430 Principal 12 hrs @ $160 1,920 Senior Environmental Specialist 24 hrs @ $ 110 2,640 Drafter 16 hrs @ $ 95 1,520 Airfare 2 ea @ $ 175 350 5.0 Design (Water Well, Well House, Storage Tank and Water Lines) .............................................. $241,030 Quality Assurance 2,560 Principal 16 hrs @ $160 2,560 Plan Sheets (33 Civil Sheets) 211,270 Project Manager 32 hrs @ $160 5,120 Geotechnical Engineer 50 hrs @ $160 8,000 Bill Kranich 40 hrs @ $145 5,800 Professional Engineer 215 hrs @ $120 25,800 Staff Engineer 370 hrs @ $95 35,150 April 8, 2009 Page 3 of 5 Kenai Water System Improvements -83- ITEM ACTIVITY QTY RATE LABOR, REIMS SUB TOTAL TOTAL Drafter 740 hrs @ $95 70,300 Reimbursables 1 sum @ $600 600 Electrical Design 1 Allow. @ $37,500 37,500 Mechanical Design 1 Allow. @ $19,500 19,500 - Process Design (Chlorination) 1 Allow. @ $3,500 3,500 Specifications & Bidding Documents 16,520 Project Manager 16 hrs @ $160 2,560 Professional Engineer 40 hrs @ $120 4,800 Staff Engineer 80 hrs @ $95 77600 Clerical 24hrs @$65 1,560 Cost Estimate 10,680 Professional Engineer 32 hrs @ $120 3,840 Staff Engineer 56 hrs @ $95 5,320 Drafter 16 hrs @ $95 1,520 6.0 Bidding Services ............. ....... -............ .......... .................... ................. ....... ........ ................. $12,415 Documents 1,365 Clerical 4 hrs @ $65 260 Reproduction 25 sets @ $45 Pre -Bid Conference (1 each) Principal 4 hrs @ $160 640 Professional Engineer 8 hrs @ $120 960 Staff Engineer 12 hrs @ $95 1,140 Clerical 4 hrs @ $65 260 Assistance During Bidding Principal 2 hrs @ $160 320 Geotechnical Engineer 8 hrs @ $160 1,280 Professional Engineer 16 hrs @ $120 1,920 Staff Engineer 16 hrs @ $95 1,520 Drafting Technician 16 hrs @ $85 1,360 Clerical 4 hrs @ $65 260 Bid Review & Tabulation Professional Engineer 4 hrs @ $120 480 Staff Engineer 8 hrs @ $95 760 Clerical 2 hrs @ $65 130 1,125 3,000 6,660 1,370 Subtotal 297,220 46,440 101,365 $442,705 5% Markup $2,322 $5,068 $7,390 TOTAL $297,220 $48,762 $106,433 $450,095 April 8, 2009 Page 4 of 5 Kenai Water System Improvements -84- ITEM ACTIVITY CITY RATE LABOR REIMS SUB TOTAL TOTAL 7.0 Additionall Design ONater Filtration).... ......... -- ...... ........... .......... ............. $208,430 Qualitv Assurance 2,560 Principal 16 hrs @ $160 2,560 Plan Sheets (20 Civil/Structural Sheets) 189,930 Project Manager 20 hrs @ $160 3,200 Geotechnical Engineer 30 hrs @ $160 4,800 Bill Kranich 24 hrs @ $145 3,48D Professional Engineer 130 hrs @ $120 15,600 Staff Engineer 220 hrs @ $95 20,900 Drafter 450 hrs @ $95 42,750 Reimbursables 1 sum @ $600 200 Electrical Design 1 Allow. @ $39,500 39,500 Mechanical Design 1 Allow. @ $19,500 19,500 Process Design Filtration 1 Allow. @ $40,000 40,000 Specifications 5,060 Project Manager 4 hrs @ $160 640 Professional Engineer 32 hrs @ $120 3;840 Staff Engineer 40 hrs @ $95 3,800 Clerical 12 hrs @ $65 780 Cost Estimate 6,880 Professional Engineer 32 hrs @ $120 3,840 Staff Engineer 32 hrs @ $95 3,040 Subtotai $105,750 $200 $102,480 $208,430 5%Markup $10 $5,124 $5,134 TOTAL $105,750 $210 $107,604 $213,564 April 8, 2009 Page 5 of 5 Kenai Water System Improvements -85- ENGINEERING DESIGN & CONSULTING DC, INC, An Alaskan Owned Professional Corporation 213 W. Fireweed Lane Anchorage, AK 99503 March 18, 2009 Janie Dusel, E.I.T. Hatteriburg, Dilley, & Linnell 3 3 35 Arctic Boulevard, Suite 100 Anchorage, AK 99503 Subject: Kenai Well House & Filtration Building —Electrical and Mechanical Design. Proposal. Dear Janie: This proposal is for providing the electrical and mechanical designs for a new water weII, well house and filtration building in Kenai, Alaska. This proposal is based on the following: SCOPE OF WORK.: The well house will be an, approximately 40' x 28' building with four rooms. The main room will include a large water storage tank with distribution pressure pumping and piping. The three smaller rooms will contain chlorination equipment, lab/storage equipment and the well head'pump respectively. The filtration building will be approximately 40' x 60' and will be located within 500 feet of the existing well. It will contain the filter vessels, pressure pumps, backwash pumps and associated valves and piping. ELECTRICAL: The electrical design will include new electrical services to the well house and filtration buildings with associated coordination with Homer Electric Association. It will consist of all power distribution including standby power generation, as well as lighting; instrumentation, controls and a supervisory control and data acquisition (SCADA) systems. Controls will be designed for the well pump/tank filling, water chlorination and pressure pump operations in the wellhouse. Controls in the filtration building will operate the pressure and backwash pumps, motor operated valves, solenoid valves and other components as necessary to automate the various filtration and backwash sequences. It is anticipated that all controls will be: programmable logic controller (PLC) based'. The. SCADA systems for each building will be compatible with the City of Kenai's existing monitoring system. It is anticipated that the electrical design will require the following drawings: El.I — Electrical Site Plan, Legend & Abbreviations Well House: E2.1— Power One -line & MCC Layout Es'2.2 — Electrical Power Plan E23 — Electrical Lighting Plan & Schedule Proposal PHONE (907) 276-7933 FAX (907) 276-4763 M Janie Dusel, E.I.T. Page 2 March 18, 2009 E2.4 -Instrumentation Plan E2.5 - Control Panel Layout E2.6 -- PLC Inputs E2.7 - PLC Outputs E2.8 - Miscellaneous Wiring Schematics E2.9 -Panel Schedules E2,10 - Electrical Details Filtration Building E3.1 - Power One -line & MCC Layout E3.2 - Electrical Power Plan E3.3 - Electrical Lighting Plan & Schedule E3.4 - Instrumentation Plan E3.5 - Control Panel Layout E3.6 - PLC Inputs E3.7 - PLC Outputs E3.8 -Miscellaneous Wiring Schematics E3.9 -- Panel Schedules E3.10 - Electrical. Details MECHANICAL: The mechanical design will include the well house and filtration building heating and ventilation requirements, including ventilation requirements for the standby generator. It will also include review of the process pumping and piping design provided by IiDL. It will also include fuel piping for the building heating and standby generator and coordination with the local gas utility for gas services to the site. It is anticipated that the mechanical design will include the following drawings: MI.I - Heating and Ventilation Legend and Schedules Well House: M2.1 -Ideating acid Ventilation Plan M2.2 -Heating and Ventilation Details M2.3 - Heating and Ventilation Details Filtration Building: M3.1 -Heating and Ventilation Plan M3.2 -Heating and Ventilation. Details M3.3 - Heating and Ventilation Details In addition to the electrical and mechanical drawings, the designs will include CSI format specifications and an engineer's construction cost estimate. The designs will be completed through final bid ready documents. Proposal rem Janie .Dusel, E.T.T. Page 3 March 18, 2009 DELIVERABLES — For each submittal stage, a full and/or half-size, reproducible copy of each of the design drawings will be provided. An electronic copy of the drawings in AutoCAD format will also be available upon request. Hard. and electronic copies of the specifications and cost estimates will also be provided. The submittals shall include a 65%, 95% and a bid ready design package. ASSUMPTIONS — It is assumed that HDL, will provide EDC, Inc. with all the necessary background drawings in AutoCAD format for our use. Any utility line extensions required will be designed by the serving utility. A single site visit will be required to investigate the existing SCADA system. EXCLUSIONS — This proposal does not include any construction management services such as submittal reviews, inspections, design clarifications, etc. Those services are available for additional fee. FEE - The proposed fee to perform the above scope of work broken is as follows: Well House: Electrical Design $ 17,500 Mechanical Design $ 19,500 Filtration Building: Electrical Resign $ 39,500 Mechanical Design S 19,506 TOTAL = S116,000 Please feel free to contact me if you have any questions concerning this proposal. Sincerely, John H. Faschan. President / EDC, INC. Proposal Initial Project Estimate Kenai Water System Improvements Without Filtration 4/8/2009 Subtotal Construction $3,595,000 Land Acquisition 5.00 100,000 Owner Administration @ 5% 179,800 Design @ 10% 359,500 Construction Management @ 12% 431,400 Project Contingency @ 10% 359.500 0 Years Inflation @ 2% 0 Subtotal $5,025,200 Source of Funds Local Share @ 50.00% 2,512,600 State Share @ 50.00% 2,512,600 Total $5,025,200.00 Page 1 of 2 H:\proposals\79-018 Kenai Water Well, Waterline, and Well test\Kenai CIP Cost Estimate 8 Apr 09 .XLS -89- Initial Project Estimate Additional Water Filtration System 4/8/2009 r RE'LNi�CiARY ESTIMATED ITEM ' QUANTITY 1 - 2,400 S.F. DESCRIPTION !New 40 60 Water Filtration Bldg i UNIT PRICE _ TOTAL PRICE x 250 600,000 �2 1 Each Water Filtration Process Equipment 600,000 601,000 3 3,000 LF !Sewer Force Main 200i 600,000� 4 1 Job 1 Each Sewer Road Bore Lift Station 50,0 75,000 50,000 75,0001 �5 6 1 Job !Filtration Building M/E/C _ 1�00,000� _ 100,000� 7 1 1 Job ;Construction Surveying 75,0001 75,000a Subtotal Construction $2,100,000 Land Acquisition 2.00 40,000 Owner Administration @ 5% 105,000 Design @ 10% 210,000 Construction Management @ 12% 252,000 Project Contingency @ 10% 210,000 0 Years Inflation @ 2% 0 Subtotal $2,917,000 Source of Funds Local Share @ 50,00% 1.458,500 State Share @ 50.00% 1,458,500 Total $2,917.000.00 Page 2 of 2 H:\proposals\79-018 Kenai Water Well, 'Waterline, and Well ye6f-Kenai CIP Cost Estimate 8 Apr 09 .XLS f j j Suggested by: Councilmember Ross .._._. / ikrcyot'./r' CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE REGULATION OF SMOKING IN KMC 12,40 BY INCLUDING DEFINITIONS FOR "BUSINESSES" AND "HEALTH CARE FACILITIES"; BY PERMITTING BUSINESSES TO POST AND MAINTAIN THEIR PREMISES AS NON-SMOKING ESTABLISHMENTS; PROHIBITING SMOKING IN HEALTH CARE FACILITIES AND REQUIRING HEALTH CARE FACILITIES TO HAVE A SMOKE -FREE BUFFER IN ENTRYWAYS; PROHIBITING SMOKING AT POSTED OUTDOOR EVENTS; AND, PROHIBITING SMOKING WITHIN A REASONABLE DISTANCE FROM OUTSIDE AREAS WHERE SMOKING IS PROHIBITED. WHEREAS, the City of Kenai Zoning Code has regulations regarding smoking in KMC 12.40; and, WHEREAS, KMC 12.40.010 includes definitions but does not define "business and "health care facilities"; and, WHEREAS, KMC 12.40.020 does not set forth a manner in which a'business may elect to declare and post their establishment as "non-smoking"; and, WHEREAS, KMC 12.40.020 does not regulate smoking within and surrounding the entrances and exits of a health care facility; and, WHEREAS, KMC 12.40.020 does not regulate smoking at posted outdoor events; and WHEREAS, KMC 12.40 does not address smoke entering from entrances outside of enclosed non-smoking areas and provide for reasonable distances where smoking is prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 12.40 is hereby amended as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, _ 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: June 3, 2009 Adopted: June 17, 2009 Effective: July, 17, 2009 ljew, Text Underlined; [DELETED TEXT BRACI4ETED] M Ordinance No. 2415-2009 Attachment "A" Chapter 12.40 REGULATION OF SMOKING [IN EATING ESTABLISHMENTS AND BOWLING ALLEYS] Sections: 12.40.010 Definitions. 12.40.020 Regulation of smoking [IN EATING ESTABLISHMENTS AND BOWLING ALLEYS]. 12.40.025 Reasonable Distance. 12.40.030 Where smoking not regulated. 12.40.040 Sign posting requirement. 12.40.050 No retaliation. 12.40.060 Violations and penalties. 12.40.070 Enforcement. 12.40.080 Other applicable laws. 12.40.010 Definitions. "Bar" means a premises licensed under AS 04,11.090 which does not employ any person under the age of twenty-one (21) and which does not serve any person under the age of twenty-one (21) unless accompanied by a parent or guardian, and where tobacco smoke cannot filter into any other area where smoking is prohibited through a passageway, ventilation system or other means. A "bar" does not include areas in an eating establishment where alcoholic beverages may be served. "Business" means qu le -all entity, whether for profit or not for profit, that provides aoods or services, including. bu;t__not limited u, a sole ro rietorshin. partnership. limited liability comnany. corporation. trust. membership oreanization or similar entice. "Eating establishment" means any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria, fast food service and other establishments, including any bar area of any such establishment which is not an enclosed area, the primary purpose of which is to give or offer for sale food to the public and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as kitchens in which food is prepared. "Enclosed area" means a ventilated area so that air from a smoking area is not drawn into or across the nonsmoking area where all space between a floor and ceiling is enclosed on all sides by solid walls or windows, exclusive of doors or passage ways, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend between the floor and ceiling or are not solid. The doors of an enclosed area should remain closed whenever practicable. "Health care facility'° means a business, office or institution that provides medical or mental health treatment "Operator" means and includes the owner, proprietor,, manager, lessee, lessor, licensee or any other person exercising control over any eating establishment. business or bar. "Smoking" means the burning, inhaling or exhaling of a tobacco or carrying any lighted pipe, cigar, cigarette or other combustible substance in any manner or in any form. 12.40.020 Regulation of smoking [IN EATING ESTABLISHMENTS AND BOWLING ALLEYSI. Smoking is prohibited and is unlawful: (aZ Within all indoor eating establishments and bowling alleys. -93- Ordinance No. 2415-2009 Attachment "A" (b) Within a business which is posted no -smoking in the manner set forth in KMC i2.40.040. (c , Within a health care facility or fifty {50') feet from any entrance or exit to a hgLaWh care facility. {d) Within the are of an outdoor event -which is clearly and conMicuousl+posted with "no smoking" signs or the international "no smoking" symbol consisting of a pictorial representation of a cigarettg enclosed in a red circle with a red bar across it. 12.40.025 Reasonable Distance. To ensure that smoke does not enter anv enclosed area where smoking is prohibited by this Chapter through entrances windows ventilation systems or any other means smoking shall occur only at a reasonable distance outside anyplace where smoking is prohibited. Unless otherwise stated under this Chapter the minimum reasonable distance is twenty (20) feel. 12,40.030 Where smoking not regulated. Notwithstanding any other provision of this chapter, the following areas shall not be subject to the smoking restrictions of this chapter: (a) Bars; and (b) 'Eating establishments while in use in their entirety for private functions; and (c) Any patio or other area of an eating establishment which is entirely open to the sky. 12.40.040 Sign posting requirement. (a) The operator of a bar" eating establishment or bowling alley controlled by this chapter shall post signs stating "No Smoking," with letters of not less than two (2) inches in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), and with letters of not less than one (1) inch in height, citing City of Kenai Municipal Code Chapter 12.40, Signs shall be clearly, sufficiently and conspicuously posted in every location where smoking is controlled by this chapter, (b) Every operator of an eating establishment or bowling alley regulated by this chapter shall have posted at the entrance of the eating establishment or bowling alley a sign clearly stating "No Smoking," which meets the above described requirements. (r) An operator of anhusiness, not inctudine eating establishments and bowlin alleys. may elect to prohibit smoking in their business busting signs under 12 40 040 (a) and (b) above 12.40.050 No retaliation. No person may retaliate or discriminate against any customer or employee because such person exercises any right to a smoke -free environment afforded by this chapter. 12.40,060 Violations and penalties. (a) It is unlawful for any person who operates any premises subject to regulation under this chapter to fail to comply with any provisions of this chapter. (b) It is unlawful for any person to smoke in any area where smoking is prohibited by this chapter. (c) Any person who violates any provision of this chapter shalt be guilty of an infraction, punishable by: (1) A fine not exceeding one hundred dollars ($100.00), plus any surcharge required to be imposed by AS 12.55.039, for a first violation within a twenty-four (24) month period; H3 Ordinance No. 2415-2009 Attachment "A" (2) A fine not exceeding two hundred dollars ($200.00), plus any surcharge required to be imposed by AS 12.55.039. for a second violation within a twenty-four (24) month period as measured from the date of first violation; or (3) A fine not exceeding five hundred dollars ($500.00), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a twenty-four (24) month period as measured from the date of first violation, (d) Each and every day that such violation continues shall be deemed a separate and distinct violation. (e) Any person aggrieved by a violation or threatened violation of this chapter or the City may bring a civil action against a person who violates this chapter and may recover a civil penalty not to exceed three hundred dollars ($300.00) per violation_ An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. 12.40.070 Enforcement. (a.) Administration of this chapter shall be by the City Manager or his or her designee(s). Any person who desires to register a complaint hereunder may initiate enforcement consideration with the City Manager or his or her designee(s). (b) prior to citing an owner for violation of this chapter, the City shall provide the operator with a written warning for any such violation. Thereafter, in the case of the first violation of this chapter in any two-year period, the operator shall be subject to the penalties set forth in Section 1.2.40.060. 12.40.080 Other applicable laws. This chapter shalt not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or regulation. Where state law and the provisions of this chapter apply to the same area or activities, the more stringent provision creating a smoking prohibition shall apply. -95- Suggested by: Planning & Zoning AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.4.15 (NUMBERING BUILDINGS) BY DELETING KMC 14.15.030(b) AND AMENDING KMC 14.15,070, WHEREAS, Kenai Municipal Code Chapter 14.15 regulates the numbering of buildings within the City of Kenai; and, WHEREAS, KMC 14.15.030(b) and a portion of 14.15.070 are inconsistent with Emergency 911 building numbering procedures; and, WHEREAS, it is important that the City's building numbering regulations be consistent with the Emergency 911 system. 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 by: Section One: 14.15.030 To begin at base lines. [(B) WHERE ANY BUILDING HAS MORE THAN ONE ENTRANCE SERVING SEPARATE OCCUPANTS, A SEPARATE NUMBER SHALL BE ASSIGNED TO EACH ENTRANCE SERVING A SEPARATE OCCUPANT PROVIDING SAID BUILDING OCCUPIES A LOT, PARCEL, OR TRACT HAVING A FRONTAGE EQUAL TO 10.56 FEET FOR EACH SUCH ENTRANCE, IF THE BUILDING IS NOT LOCATED ON A LOT, PARCEL, OR TRACT WHICH WOULD PERMIT THE ASSIGNMENT OF ONE NUMBER TO EACH SUCH ENTRANCE, NUMERALS AND LETTERS SHALL BE USED, AS SET FORTH IN KMC 14.15.070 HEREIN.] Section Two: 14.15.070 Multifamily dwellings [UPPER AND LOWER PARTS OF ROUSES]. Where only one number can be assigned to any house or building, whoever shall desire distinctive numbers for a multifamily dwelling [THE UPPER AND LOWER PORTIONS OF ANY HOUSE OR BUILDING] fronting on any street, then such owner, occupant, or agent shall use the suffix (.A), (B), (C), etc., as may be required. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2009, New Text Underlined; (DELETED TEXT SRACKLTED] i Ordinance No. 2416-2009 Page 2 of 2 ATTEST: Carol L. F'reas, City Clerk PAT PORTER, MAYOR Introduced: June 3, 2009 Adopted: June 17, 2009 Effective: July 17, 2009 New Text Underlined; [DDLETED TEXT BRACKETED] f1 { } CITY OF KENAI = PLANNING AND ZONING COMMISSION �RESOLUTION NO. 1PZGS 25 KER11,111ASKA U A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING THAT KMC 14.15 (NUMBERING BUILDINGS) BE AMENDED BY DELETING KMC I4. I5.030(b) AND AMENDING KMC 14.15.070, WHEREAS, Kenai Municipal Code Chapter 14.15 regulates the numbering of buildings within the City of Kenai; and, WHEREAS, KMC 14.15.030(b) and a portion of 14.15.070 are inconsistent with Emergency 911 building numbering procedures; and, WI-IEREAS, it is important that the City's building numbering regulations be consistent with the Emergency 911 system. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances by: Section One 14.1.5.030 To begirt: at base lines. [(B) WHERE ANY BUILDING HAS MORE THAN ONE ENTRANCE SERVING SEPARATE OCCUPANTS, A SEPARATE NUMBER SHALL BE ASSIGNED TO EACH ENTRANCE SERVING A SEPARATE OCCUPANT PROVIDING SAID BUILDING OCCUPIES A LOT, PARCEL, OR TRACT HAVING A FRONTAGE EQUAL TO 10.56 FEET FOR EACH SUCH ENTRANCE. IF THE BUILDING IS NOT LOCATED ON A LOT, PARCEL, OR TRACT WHICH WOULD PERMIT THE ASSIGNMENT OF ONE NUMBER TO EACH SUCH ENTRANCE, NUMERALS AND LETTERS SHALL, BE USED, AS SET FORTH IN KMC 14.15.070 HEREIN.) Section Two: 14.15.070 Multifamily dwe� [UPPER AND, LOWER PARTS OF HOUSESB• Where only one number can be assigned to any house or building, whoever shall desire distinctive numbers for a multifamily dwelling (THE UPPER AND LOWER PORTIONS OF ANY HOUSE OR BUILDING] fronting on any street, then such owner, occupant, or agent shall use the suffix (A), (B), (C), etc., as may be required. New text underlined [DELETED TEXT BRACKETFD AND ALL CAPS] rTiy PZQ9-25 Page 2 ALASKA, this 27th day of MAY 2©09. ®F THE�T°iji OF KENAI, PASSED BY THE PLANNING AND ZONING COMMISSI l Y� p 1 / CHAIRMAN ATTItST Suggested by: Administration C+S�f�1'Zi3oi77a AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $25,000 WITHIN THE GENERAL FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 TO PROVIDE FOR ADDITIONAL FUNDING FOR THE KENAI DOCK IMPROVEMENTS PROJECT. WHEREAS, as part of the Kenai Dock Improvements Project, the City will be replacing concrete planks on the boat launch; and, WHEREAS, the City has received bids to replace the damaged concrete planks at a cost of $62,800; and, WHEREAS, available project funds are insufficient by $25,000 to complete the project; and, WHEREAS, sufficient funds have been identified in the General Fund -Boating Facility - Operating and Repair Supplies account to cover the additional funding needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made and that estimated revenues and appropriations be increased as follows: Budget Transfer - General Fund From: Boating Facility - Operating & Repair Supplies $25,000 To: Non -Departmental - Transfers $25,000 Appropriation - Dock improvements Capital Project Fund Increase Estimated Revenues: Transfer From General Fund $25,000 Increase Appropriations: Construction $25,000 New Text Underlined; ;DELETED TEXT BRACKETED] U11�11 Ordinance No. 24 17-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventeenth day of June, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: e = Introduced: June 3, 2009 Adopted: June 17, 2009 Effective: June l7, 2009 New Text Dude fined; rELETE➢ TEXT BRACKETED) -101- "'KIlaye wA a Past C# wig% a Future`s 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 i992 JJ jUT $1 TO: Rick Koch, City Manager THRU: Wayne Ogle, Public Works Director FROM: Robert J. Frates, Parks & Recreation Director E : DATE: May 28, 2009 SUBJECT: Kenai Boat Launch Ramp Replacement Project There is a projected $23,300 shortfall in the Kenai Boat Launch Ramp Replacement Project. It is anticipated a transfer of funds will be needed to meet project needs. I am projecting an excess in funds remaining in the FY09 Dock Operating/Supplies account due to the low volume of fuel sales last season. It is my recommendation we transfer $25,000 from this account to the project account. The remaining funds after transfer still allows us to meet the operational expenses for June, including projected fuel expenditures estimated at $17,500. It should be noted that administration has proposed a $30,000 reduction in fuel expenditures for Fy10 Operating/Supplies budget based on last year's sales. lr/4.a, ,. „V.fta e witk a Past C# with a F t re„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us �` thea!of // E \V, S1fA MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, Cites erk f DATE: May 27, 2009 As stated in the attached correspondence, the Referendum Petition related to City of Kenai Ordinance No. 2393-2009 has been found to be legal and sufficient according to Kenai Charter, Section 11. Kenai Charter Section 11-3 directs that if a referendum petition is found to be legal and has sufficient signatures, the City Clerk (with legal assistance, if necessary) shall prepare the ballot title and propositions for the ordinance and shall place the question on the ballot for the next regular or special City election held not less than two months after final determination of the legality and sufficiency of the petition. The Council by resolution or ordinance may call, or authorize the Mayor by proclamation to call, a special election for the purpose. My decision was rendered May 27, 2009. A special election could not be held until after July 27, 2009, The next regular City of Kenai election will be held on Tuesday, October 6, 2009. DOES COUNCIL RUSH TO CALL A SPECIAL ELECTION R,ITFI REGARD TO THE REFERENDUN/CITS OF KENAI ORDINANCE NO. 2393-2009? if so, a resolution will be prepared and brought forward at the June 17, 2009 Council Meeting to set a date and time for a special election. Ta E str i• � + •411eW CITy op KENAI ELECTIONTo BE HELD •' s s 2009? ,; -103- "V llaye wale a Aa,5t, C# witk a Fa tare 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us tke ufv a f ,/1 tfENA1ALASKA May 27, 2009 SENT VIA EMAIL AND FIRST CLASS MAIL Charles Winegarden 309 Princess Street. Kenai, AK 99611 Patricia Falkenberg 399 McCollum Drive Kenai, AK 99611 On April 7, 2009, you filed a Referendum Petition with a copy of City of Kenai Ordinance No. 2393-2009 attached. Kenai City Charter, Section 11-2(a) states, "...The petition shall then be signed by a number of qualified voters of the City equal at least to twenty-five percent of the total votes cast at the immediately preceding regular City election." As indicated in the Initiative and Referendum Informational Packet (and supplied to you on April 7, 2009), the immediately preceding regular City of Kenai Election was held on October 7, 2008 at which there were 1,580 votes cast. The referendum petition required 395 valid City of Kenai voter signatures. Kenai City Charter, Section 11-2(c) directs that within one month after the petition is filed, the City Clerk shall ascertain whether the petition is legal and has sufficient signatures, and shall certify the finding. Signed petitions were submitted on April 29, 2009 and upon review of the signatures on the Referendum Petition, and pursuant to Article 11 of the Kenai City Charter, it has been determined sufficient signatures were submitted. M. Charles Winegarden/Patricia Falkenberg May 27, 2009 Page 2 of 2 Upon examination and analysis of the referendum petition by counsel to determine its legality, it has been, found "...to be sufficient as to all applicable legal requirements." See the attached letter of Joseph N. Levesque, Walker & Levesque, LLC. As a result of the above reviews and analyses, as City Cleric of the City of Kenai, I hereby certify Referendum Petition of City of Kenai Ordinance No. 2393-2009 to be legal and sufficient. CITY OF KENAI Carol L. Freas City Clerk clf Attachment cc: Mayor/Council Members, City of Kenai -105- WALKER & LEVESQUE, LLC ATTORNEYS AT LAW 731 N Street Anchorage, AK 99501 (907) 276-7000 ; Fax {967) 27&7001 May 26, 2009 SENT VIA EMAIL AND FIRST CLASS MAIL E-mail: joe-wwa@ak.net MAY 2 # 2009 Ms. Carol L. Freas nCi'�y' C@.E City Clerk --- �� City of Kenai 210 Ficialgo Avenue Kenai, Alaska 99611-7794 RE: REFERENDUM/ CITY OF KENAI ORDINANCE NO.2393-2009 Our File No. 407-2 Dear Ms. Freas: You have requested that we analyze the "Petition for Referendum Vote" ("Referendum Petition') regarding City of Kenai Ordinance No. 2393-2009 to determine whether it should be accepted. As we understand from the file provided to our office, the Referendum Petition was filed with the City Clerk's Office on May 1, 2009. Pursuant to Section 11-2(c) of the City of Kenai Charter, the City Clerk must ascertain whether the petition is legal and has sufficient signatures" no later than June 1, 2009. After reviewing the Referendum Petition, the City's Charter and relevant law, we have concluded that the Referendum Petition meets the legal requirements and you should therefore accept the application for referendum petition. Our opinion is based upon a detailed review of the referendum process and procedure which is set out in detail below. You have stated that as the City Clerk, you have reviewed the signatures on the Referendum Petition and have reached the conclusion that the requisite number of valid signatures has been submitted pursuant to Article 11 of the Kenai City Charter. This letter, therefore, expresses no opinion about the validity of any signature on the Referendum Petition. Carol L. Freas, City Clerk WALKER & LEVESQUE, LLC May 25, 2009 Attomeys at Law Page 2 As a Home Rule municipality, the City of Kenai's procedures regarding referendum are governed by the Kenai City Charter ("Charter's. According to the Charter, the petition process for referendum requires that the petition contain a copy of the ordinance ". . . sought to be referred"' Our review of the documents provided reveals that a copy of the petition for referendum vote on Kenai City Ordinance No. 2393-2009 was delivered to the Kenai City Clerk on April 7, 2009 with a copy of Kenai City Ordinance No. 2393-2009 attached, as required. The Charter further states that only after a copy of the petition for referendum is filed with the City Clerk is the actual petition for referendum allowed to be ". , . circulated for signatures.m This application process helps assure that the ordinance to be referred is a proper subject for a referendum vote. The initial review helps to see that a clear and not obviously unlawful proposal is put before the public. This helps avoid a situation where the residents supporting the petition invest time and work to obtain signatures only to learn later that the proposal is flawed in some way. After a copy of the petition for referendum is filed with the City Clerk, the petition "... shall then be signed by a number of qualified voters of the City equal to twenty-five percent of the total votes cast at the immediately preceding regular City election."3 Although the City's referendum process is governed by its Charter, there are several limitations, For instance, AS 29,10.030 mandates that "[a] charter may not require an initiative or referendum petition to have a number of signatures greater than 25 percent of the total votes cast in the municipality at the fast regular election."' According to the information we have received, 25% of the total votes cast at the October 200£ regular election equals 395 signatures. The Charter further provides that if the "... referendum petition with sufficient signatures is filed within one month after passage and publication of the ordinance sought to be referred, the ordinance sought to be referred shall not go into effect until the petition is finally found to be illegal and/or sufficient, or, in case the petition is found to be legal and sufficient, until the voters approve the ordinance[.]"s As to the form of the petition for referendum, the Charter provides as follows: Each copy of an initiative or a referendum petition filed must bear an affidavit signed by the qualified voter of the City who circulated the copy stating that each of the signers who signed the copy signed it in his presence, that he believes that each has stated Charter §11-2(a). 2 Charter §11-2(a). a Charter §11-2(a). "AS 29.10.030(b). 5 Charter §11-2(b). -107- Carol L. Freas, City Clerk WALKER & LEVESQUE, LLC May 26, 2009 Attorneys at Law Page 3 his name and address correctly, and that he believes each signer is a qualified voter of the City.6 Finally, the City Clerk, upon receiving the completed referendum petition must "... ascertain whether the petition is legal and has sufficient signatures[,]" and must within certify her findings within one month.7 H. SUBSTANTIVE REQUIREMENTS In addition to the technical requirements for an application, as discussed above, before an application may be accepted, it must also be determined whether the ordinance to be referred meets substantive requirements. The Charter provides The qualified voters of the City, by the referendum, may approve or reject any ordinance passed by the Council except as otherwise provided in this section. Ordinances necessary for the immediate preservation of the public peace, health, or safety (herein called emergency ordinances), shall not be subject to the referendum.8 Besides this express restriction regarding emergency ordinances, the Charter further provides that: Ordinances dedicating revenues, ordinances making, repealing, transferring, or otherwise changing appropriations, and special ordinances, shall not be subject to either the initiative or the referendum.' Another limitation to home rule charters is that "[a] charter may not permit the initiative and referendum to be used for a purpose prohibited by art. XI, §7 of the state constitution."7° Art. XI, §7 of the Constitution provides in part that: The referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety." e Charter §11-2(b). 7 Charter §11-2(c). a Charter §11-1(b). e Charter §11-1(c). ° AS 29.10.030(c). Art. XI, §7. Im Carol L. Freas, City Clerk May 26, 2009 Page 4 WALKER & LEVESQUE, LLC Attorneys at Law Since the Referendum Petition is intended to repeal Ordinance No. 2393- 2009, a zoning ordinance, there does not appear to be any question that the referendum petition is legal and valid. In other words, the Referendum Petition does not violate the express restrictions provided in either the Charter or the Alaska Constitution. Moreover, the language in Charter §11-1(b) unequivocally provides that: The qualified voters of the City, by referendum, may approve or reject any ordinance passed by the Council except as otherwise provided in this section.t2 In addition, it has been stated that the right to referendum is to be liberally construed," The only other restriction to be examined, is a common law restriction, that looks to the subject matter of the relevant petition. This restriction examines whether the Referendum Petition relates to a legislative, rather than to an administrative matter. It has been stated that in "most jurisdictions" referendums are restricted to legislative matters only and that referendum powers are not to be used to repeal either administrative or executive enactments.'" We have not identified any particular concern with the substantive requirements for a referendum petition. Ill. Analysis in 1985, the Alaska Legislature amended Alaska Statutes Title 29 adding AS 29.26.100 which provides, in part, that all initiative and referendums must relate only to legislative and not administrative matters. However, the City of Kenai, as a Home Rule Municipality, is not bound by the restriction codified under AS 29.26.100.96 Although AS 29.26.110 does not apply to the City of Kenai's referendum process, the common law restriction recognized by the Alaska Supreme Court in Woff v. Alaska State housing Authority does apply. In reaching this conclusion, we are cognizant of the fact that most jurisdictions adopt this restriction and that the Court recently stated that: tz Charter §11-2(b). as "The right of initiative and referendum, sometimes referred to as direct legislation, should be liberally construed to permit exercise of that right." Thomas v. Bailey, 595 P.2d 1, 3 (Alaska 1979), 14 Swetzof v. Phllemonoff, 203 P.3d 471, 476 (Alaska 2009)(cfting to Wolf v. Alaska State Housing Authority, 514 P.2d 233, 235 n. 13 Alaska 1973)(wherein the Court wrote that "(sjimilariy, the power of both initiative and referendum is restricted to legislative ordinances, and does not extend to administrative measures.") '6 A review of the limitations imposed upon home rule municipal powers reveals that AS 29.26.200 does not include AS 29.26.110. t6 514 P.2d 233, 235 n. 13 Alaska 1973) -109- Carol L. Frees, City Clerk WALKER & LEVESQUE, LLC May 26 2009 Attorneys at Law Page 5 The rationale for the rule that provides that only legislative enactments can be enacted by municipal initiatives is based on government efficiency grounds. For instance, one court explained: A charter giving a small group of electors the right to demand a vote of the people upon every administrative act of the city council would place municipal government in a straight -jacket and make it impossible for the city's officers to carry on, the public business." Usually, determining whether a particular matter falls under the legislative or administrative category can be challenging — as there is no ". .. satisfactory test ... nor is there a uniform application to the rule."t9 However, the Alaska Supreme Court has held zoning and rezoning to be legislative, rather than administrative acts.78 At this point, a recent decision regarding local initiatives should be reviewed. In Griswold v. City of Homer'the Court ruled that a zoning initiative was invalid." In Griswold, the Court held: The Homer City Council does not have the power to pass piecemeal zoning amendments without at least giving the Homer Advisory Planning Commission opportunity to review the proposals and make recommendations. Therefore, voters, who have no obligation to consider the views of the Planning Commission or to be informed by its expertise, cannot use the initiative process to eliminate the Planning Commission's role in 'area wide' land use planning and regulation, and thus potentially undermine the comprehensive plan for'systematic and organized' local development.12 The Griswold decision is narrow in that it holds that the people, through a zoning initiative cannot °... exceed the scope of the legislative power granted by the legislature to the City Council."23 In Griswold, the particular zoning ordinance being initiated was never presented to nor reviewed by the local Planning Commission. This alone distinguishes Griswold from this Referendum Petition. Here, the Referendum Petition was reviewed by the City of Kenai Planning and Zoning Commission. Accordingly, the Courts reasons for finding the initiative invalid are not present. Court decisions from other jurisdictions have held similarly. 17 Swetzof, 203 P.3d at 476 (Alaska 2009)(eitation omitted). t8 Swetzof at 476 (citation omitted). 19 Citing Griswold v. City of Homer, 925 P.2d 1015, 1019 n. 3 (Alaska 1996); Cabana v. Kenai Peninsula Borough, 21 P.3d 833, 836 (Alaska 2001). z° 186 P.3d 558 Alaska 2008). 2' While both initiative and referendum involve the democratic process, they accomplish different things. It has been said that The essential difference between initiative and referendum is generally recognized by the law review writers, i.e., the initiative is for proposing new legislation, the referendum is for attacking legislation already on the books. (State ex rel. Boyer v. Grady, 269 N.W. 2d 73, 80 Nebraska 1978) (citations omitted). Griswold, 186 P.3d at 563 (Alaska 2008). za id. -110- Carol L. Frees, City Clerk May 26, 2009 Page 6 WALKER & LEVESQUE, LLC Attomeys at Law In the case titled Albright v. City of Portage,24 the Court considered facts surprisingly similar to the facts behind this Referendum Petition. There, a purchaser invested in 65 acres of unimproved land that was zoned as single family residential. The purchaser submitted an application with the City to rezone parts of his property to allow for the construction of office buildings. The City's director of development recommended that the Planning Commission deny the application. The purchaser immediately withdrew his application. One year later, the purchaser submitted another application to rezone all 65 acres to planned development. The new director of development identified a number of concerns about the proposed development. The purchaser immediately submitted an alternate plan to the address the concerns and the new director of development recommended approval of the rezoning application. The Planning Commission voted to recommend that the City Council deny the purchaser's alternate plan. Finally, the City Council amended the plan and approved the amended version. In response, adjacent property owners filed for a referendum petition. In a subsequent law suit, the Court held that "zoning amendments are legislative acts subject to referendum[.]"' Ill. CONCLUSION For the reasons discussed above, it is our conclusion that the application for Referendum Petition of City Ordinance No. 2393-2009 is sufficient as to all applicable legal requirements and should be accepted by the City Clerk. We hope that this letter has answered any questions that you might have regarding the legal sufficiency of the referendum petition. We remain available to discuss the matter further at your convenience. Very truly yours, WALKER & LEVESQUE, LLC Joseph N. Levesque 14 188 Mich.App. 342, 470 N.W.2d 657, ZS Albright v. City of Portage, 188 Mich.App. 342, 470 N.W.2d 657. -111- KENAI AIRPORT COMMISSION MAY 14, 2009 KENAI CITY COUNCIL CHAMBEF 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 9, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Olivia Pfeifer -- Caring for the Kenai -- "Better Bird Control" ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion/Recommendation -- Lease Application -- Kenai Hangar LLC b. Discussion/Recommendation -- Amendment to Lease -- Dan 0. Pitts ITEM 7: REPORT a. Commission Chair b. Airport Manager C. City Council Liaison ITEM S: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Action Agendas for April 15 and May 6, 2009. b. Airport Permanent Fund Quarterly Investment Report. C. Airport Manager's Monthly Report -- April 2009. d. April 2009 Enplanement ITEM 11: ADJOURNMENT -112- KENAI AIRPORT COMMISSION MAY 14, ••• COUNCILKENAI CITY 7:00 P.M.7" _ M• Chair Kxackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, J. Bielefeld, H. Knackstedt, E. Mayer, G. Feeken Commissioners absent: L. Porter, D. Haralson Staff/Council Liaison present: Airport Manager M. Bondurant, Council Member B. Eldridge A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Zirul MOVED to approve the agenda as presented and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- April 9, 2009 MOTION: Commissioner Zirul MOVED to approve the meeting summary of April 9, 2009 and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE BEARD 4-a. Olivia Pfeifer -- Caring for the Kenai -- 'Better Bird Control' Pfeifer gave a presentation on her first place project in the "Caring for the Kenai" competition and requested funding to begin the project this summer. The Commission requested the Airport Manager look for financial support for the program. ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS 511193 6-a. Discussion/Recommendation -- Lease Application -- Kenai Hangar LLC Airport Manager Bondurant noted Aaron Murray, representative of Kenai Hangar LLC was in the audience and general discussion followed. MOTION: Commissioner Zirul MOVED to recommend approval of the lease application and Commissioner Mayen SECONDED the motion. There were no objections. SO ORDERED. 6-b. Discussion/Recommendation -- Amendment to Lease -- Dan O. Pitts Bondurant gave a history of the request. Commissioner comments included: • Support the changes in land uses. • Did not support the City telling the leaseholder what could be charged for parking. :VETO Ci3 Commissioner Bielefeld MOVED to recommend approval of the lease amendment with the following change: Strike sentence two in paragraph four that referred to rates charged for vehicle parking. Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7-a. Commission Chair -- Knackstedt reminded the Commission of the work session on fuel flowage fees on May 20, 2009 at 5:30 p.m. and reviewed the cell tower ordinance being submitted by the Planning and Zoning Commission. 7-b. Airport Manager -- Bondurant reported on the status of Air Fair, provided handouts to the commissioners, and noted the Airport had received more stimulus and discretionary money. 7-c. City Council Liaison -- Council Member Eldridge reviewed the action agenda items of the May 6, 2009 City Council meeting which was included in the packet. Bielefeld -- EAA was on task for the Air Fair breakfast. Mayer -- Would like to look at other alternatives for hazing. AIRPORT COMMISSION MEETING MAY 14, 2009 PAGE 2 -114- Zirul -- Noted the Supplemental Planning Assessment of 2007 recommended the Airport Commission be given the task of looking into ways to make the airport self- sustaining. ITEM 9: ITEM 1D: 10-a. 10-be 10-c. 10-d. ITEM 11: MOTION: Kenai Citv Council Action Agendas for April 15 and May 5, 2009. Airport Permanent Fund Quarterly Investment Report. Airport Manager's Monthly Report -- April 2009. April 2009 Enplanement Commissioner Mayer MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:15 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -115- AIRPORT COMMISSION MEETING MAY 14, 2009 PAGE 3 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 27, 2009 - 7:00 p.m. 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. *May 13, 2009 3. SCHEDULED PUBLIC COMMENT: (1.0 Minutes) 4. CONSIDERATION OF PLATS: a. PZ09-22 — Stmgate Park Subdivision — Randall Addition (A replat of Lots 9 & 10, Block 2, Sungate Park Subdivision), Plat submitted by Tinker Creek Surveys, P.O. Box 2342, Soldoma, Alaska. b. PZ09-23 — FBO Subdivision No. 9 (A replat of Lots 9, 10, and 11, Block 1, FBO Subdivision). Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09-25 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.25 (Numbering, Buildings) be amended by deleting KMC 1.4 25.030(b) and Amending KMC 14.1.5.070. b. PZ09-27 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Land Use Table in KMC 14.212,010 for the Limited. Commercial Zone (LC) be amended by listing which personal services require Conditional Use Permits (C) and which are Principal Permitted uses (P). 6. OLD BUSINESS: 7. NEW BUSINESS: S. PENDING ITEMS: a. PZ09-03 —A resolution of the Planning and Zoning Commission of the City of Kenai, -116- 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 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. c. 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. REPORTS: a. City Council b. Borough Planning a. Administration 4 10. PERSONS PRESENT NOT SCHEDULED: Q Minuses) 11. INFORMATION ITEMS: a. "Zoning Bulletin" - (4/10/09 & 4/25/09) b. Landscape/Site Plan— Merit Plaza— Coffee Cart e. Landscape/Site Plan— Kenai National Guard Armory 1.2. COMMISSION COMMENTS & (QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION MAY 27, 2009 7:00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR SCOTT ROMAIN, PRESIDING M�i1l�i/yY�ly ITEM l: CALL TO ORDER Vice Chair Romain called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/Council Liaison present: A quorum was present. S. Romain, P. Bryson, K. Rogers, J. Brockman, K. Koester R. Wells, J. Twait City Planner M. Kebschull, Planning Administrative Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall The following additions to the agenda were noted: ADD TO: Item I-d. Excused Absences Item 5-b. PZ09-27 FT 570#)w Jeff Twait Roy Wells Substitute Resolution PZ09-27 Commissioner Bryson MOVED to approve the agenda with the additions noted and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Brockman MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences Approved by consent agenda. sm *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and. considered in its normal sequence on the agenda as part of the General Orders, ITEM 2: *APPROVAL OF MINUTES -- May 13, 2009 Approved by consent agenda 4-a. PZ09-22 - Sungate Park Subdivision - Randall Addition (A replat of Lots 9 & 10, Block 2, Sungate Park Subdivision). Plat submitted by Tinker Creek Surveys, P.O. Box 2342, Soldotna, Alaska. Kebschull reviewed the staff report included in the packet, noting the replat combined two parcels into one large parcel and it met the development requirements for the Rural Residential zone. Romain read the rules of public hearing and opened the floor to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION. Commissioner Bryson MOVED to recommend approval of Resolution PZ09-22 and Commissioner Rogers SECONDED the motion. There was no discussion. ►55YAR Romain YES Wells i EXCUSED Twait EXCUSED Brv,on YES I Rogers . YES Brockman YES Koester IYES 4-b. PZ09-23 - FBO Subdivision No. 9 (A replat of Lots 9, 10, and 11, Block 1, FBO Subdivision). Plat submitted by Segesser Surveys, 30455 Rosland Street, Soldotna, Alaska. Kebschull reviewed the staff report included in the packet, recommending approval with the plat reflecting the street name as North Willow Street. PLANNING AND ZONING COMMISSION MEETING MAY 27, 2009 PAGE 2 am Remain opened the floor to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION: Commissioner Bryson MOVED to recommend approval of Resolution PZ09-23 including staff recommendations and Commissioner Rogers SECONDER the motion. There were Commission comments. Remain YES Wells EXCUSED Twait EXCUSED Bryson ; YES Rogers YES Brookman YES Koester YES ; ITEM 5: PUBLIC HEARINGS 5-a. PZ09-25 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.25 (Numbering Buildings) be amended by deleting KMC 14.25.030(b) and Amending KMC 14.15.070. Kebschull reported the resolution would make the City's code consistent with the Emergency-911 system. Romain opened the floor to public hearing. There being no one wishing to speak, the public hearing was closed. Commissioner Bryson MOVED to recommend approval of Resolution PZ09-25 and Commissioner Brookman SECONDED the motion. There was no discussion. VOTE: YES Wells EXCUSED Twait _EXCUSED *Romam onYES Rogers YES Brookman YES ter YES MOTION PASSED UNANIMOUSLY. 5-b. PZ09-27 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Land Use Table in KMC 14.22.010 for the Limited Commercial Zone (LC) be PLANNING AND ZONING COMMISSION MEETING MAY 27, 2009 PAGE 3 sm amended by listing which personal services require Conditional Use Permits (C) and which are Principal Permitted uses (P), Kebschull reported the lay down was a compromise between the Administration's original and Council Member Eldridge's substitute, noting personal services would be specified as to conditional use or permitted use. Romain opened the floor to public hearing Raquel Pisa, 39575 Moose Range Drive, Sterling -- Spoke in favor of the lay down substitute resolution, noting while she preferred the zone be left general commercial, the conditional use in limited commercial allowed her business to expand. Anthony Pisa, 39575 Moose Range Drive, Sterling -- Spoke to the concern. of drainage of possible contaminants and listed ways his business handled them. Cathy Johnson, 5345 Kenai Spur Highway, Kenai -- Spoke in favor of the lay down substitute resolution. Kristine Schmidt, 513 .lash Avenue, Kenai -- Spoke in opposition to changing from general commercial to limited commercial for preexisting businesses, noting she preferred the original resolution included in the packet. Steve Payment, 35224 Westbrook Drive, Kenai -- Spoke in support of Anthony's Transmission, where he was employed. Colleen Ward, 708 Magic, Kenai -- Noted her appreciation of the Commission's work toward meeting the community's needs and requested postponement of the resolution to make changes. There being no one else wishing to speak, the public hearing was closed MOTION: Commissioner Bryson MOVED to recommend approval of Substitute Resolution PZ09- 27, which was included as a lay down. Commissioner Koester SECONDED the motion. MOTION TO AMEND: Commissioner Koester MOVED to amend Substitute Resolution PZ09-27 by changing fitness centers from permitted to conditional use in personal services. Commissioner Brookman SECONDED the motion. There were no Commissioner comments. VOTE ON THE AMENDMENT - PLANNING AND ZONING COMMISSION MEETING MAY 27, 2009 PAGE 4 -121- Romain YES Wells � EXCUSED Twait EXCUSED Bryson � NO I Rogers NO Brookman YES Koester YES L _ Remain YES Wells I EXCUSED Twait I EXCUSED Bryson IYES Rogers YES I brook -man I YES � Koester I YES __j MOTION ITEM 6: OLD BUSINESS -- None ITEM 7. NEW BUSINESS -- None ITEM Ss PENDING ITEMS S-a. PZ09-03 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactment of KIMC 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. S-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 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. S-c. 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. PLANNING AND ZONING COMMISSION MEETING MAY 27, 2009 PAGE 5 -122- 9-a. City Council -- Molloy reviewed the action agenda items of the May 20, 2009 City Council Meeting. 9-b. Borough Planning -- Bryson reviewed the agenda of the May 26, 2009 Borough Planning Meeting, 9-c. Administration -- Kebschull reported she was working on the pending items and would bring a draft wind turbine ordinance to the Commission at a future meeting. . ,r � •.; i � s Ya:�M�7►7till1�l�7 Mark Schrag, 312 Princess, Kenai -- Requested better notification on projects, recommending certified mail rather than post cards. Kristine Schmidt, 513 Ash Avenue, Kenai -- Recommended certified mail for notifications. ITEM 11: INFORMATION ITEMS 11-a. "Zoning Bulletin" - (4/ 10/09 &v 4/25/09) 11-b. Landscape/Site Plan - Merit Plaza - Coffee Cart 11-c. Landscape/Site Plan - Kenai National Guard Armory ITEM 12: COMMISSION COMMENTS & !2UESTIONS Council Member Molloy noted the City Council held ultimate responsibility with regard to the buffer ordinances. ITEM 13: ADJOURNMENT MOTION: Commissioner Brookman MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approtdmately 8:00 p.m. Minutes prepared and submitted by Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MAY 27, 2009 PAGE 6 -123- ADVISORY CEMETERY COMMITTEE MAY 21, 2009 CITY COUNCIL CHAMBERS 7:0O F.M. AGENDA ITEM I: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- April 16, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Review of Consolidated Design Suggestions ITEM 6: NEW BUSINESS a. Discussion -- Design/Contract. Consideration ITEM 7: REPORT a. Committee Chair b. Director C. City Council Liaison ITEM 8: COMMITTEE MEMBER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for April 15 and May 6, 2009. b. Municipality of Anchorage Memorial Park Cemetery Miscellanea. ITEM 11: ADJOURNMENT -124- ADVISORY CEMETERY COMMITrEE MAY 2009 CITY COUNCIL CHAMBERS 0 0 P.M. MEETING SUMMARY Vice Chair Buffington called the meeting to order at appro)4imately 7:05 p.m. Roll was confirmed as follows: Members present: J. Buffington, K. Mohn, R. Harrison Members absent: B. Elder Staff/Council Liaison present: Parks & Recreation Director B. Frates, Public Works Director W. Ogle, Council Member B. Eldridge A quorum was present ITEM 2: AGENDA APPROVAL MOTION: Member Mohn MOVED to approve the agenda as presented and Member Harrison SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY --April 16, 2009 MOTION: Member Mohn MOVED to approve the meeting summary of April 16, 2009 and Member Harrison SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: OLD BUSINESS 5-a. Discussion Review of Consolidated Design Suggestions Parks & Recreation Director Frates requested changes as a result of Mr. Robert Jones's presentation be brought forward for discussion. Committee Member comments included: ® Both flat and upright headstones should be allowed, but in separate areas. Allow for a variety of plot sizes, including cremains and infant plots. Keep the Memorial Service area in the design. Add irrigation to the project. -125- 6-a. Discussion -- Design/Contract Consideration Frates reported the next step would be to seek quotes for design work, noting there was approximately $7,500 in the current budget, and stated he would possibly have quotes at the next meeting. Prates reported he spoke to the adjacent property owner and found him to be at odds with the cemetery expansion project next to his property, citing lower property values. Frates invited the owner to attend a future meeting to give input. ITE-M 7: REPORT 7-a. Committee Chair -- None 7-b. Director -- Frates noted his appreciation for the committee's work thus far. 7-c. City Couneii Liaison -- Council Member Eldridge reviewed various Council items, including grant activities, budget matters and the status of Wal-mart. Mohn -- requested Frates check with the City Clerk on the availability of other meeting nights for consideration. ITEM! 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for April 15 and May 6, 2009. 10-b. Municipality of Anchorage Memorial Park Cemetery Miscellanea. ITEM 11: ADJOURNMENT MOTION. Member Harrison MOVED to adjourn and Member Mohn SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Committee, the meeting was adjourned at approximately 8:18 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk ADVISORY CEMETERY COMMITTEE MEETING MAY 21, 2009 PAGE 2 -126- ljq�� III, �,ill I I ............ 1 9 4 INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUKE 3, 2009 1. 6/3/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. 5/27/09 Public Works Department, Project Status Report. 3, 5/20/09 Kenai Harbor Rate Schedule. 4. 5/20/09 CC memorandum related to lease application of Kenai Hangar, LLC/Lot 13, Block 1, Cook Inlet Industrial Air Park. 5, 5/26/09 R. Molloy email transmission and suggested changes to Ordinance No. 2347-2008, 6. 5/ 14/09 R. Koch memorandum identifying Administration's suggested changes to Ordinance No. 2347-208. 7. 6/2/09 Kenai Peninsula Borough Assembly Meeting Agenda. -128- PURCHASE ORDERS BETWEEN $2,600.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JUNE 3, 2009: VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT MOORING TECH. TOUGHBOOK, SOFTWARE FIRE SMALL TOOLS 4,665.00 EBSCO SUBSCRIPTION SERVICES SUBSCRIPTION RENEWAL LIBRARY BOOKS 3,351.45 SPENARD BUILDERS SUPPLY AUTOMATIC DOOR HARDWARE SENIOR CENTER IMPROVEMENTS, BLDGS. 9,276.00 ALASKA INDUSTRIAL HARDWARE MISC. TOOLS WWTP TOOLS 4,128.02 CITY OF 1 w RK — Rick Koch 'O 'w _Ogle LF — LarryFloyd RF — Bob Frates �C ity Contact Project Name Status WO Airport Runway Safety Zone / Extension Project complete except for re -painting. Completion 6/15/09. _ WO Airport Runway Safety Improvements: Alaska Roadbuilders - construction underway. Taxiways F,G,H Lighting, Grading, Drainage - 2009 WO AP Apron Rehabilitation — 2009 - 2010 Construction contract awarded to Alaska Roadbuilders. Construction underway. BE Boat Launch Ramp Plank Replacement - Furnish and install approximately 30 concrete planks. 2009 Bid opening 5/12/09; Bids being considered RK Bridge Access Road — Water Main Ext. Engineering by Wm. J. Nelson & Associates is undenua . WO Contaminated Soils — Shop Further work in progress. WO Courthouse Parking Lot Construction contract awarded to Peninsula Construction. Construction underway. RK Kenai River Bluff Erosion Control Project The Corps has received funds to help with the design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring wells. WO LED Streetlight Installation Conversion of main thoroughfare street lights to more energy efficient LED lights. Bid awarded to Kachemak Electric. WO Library Expansion ECl/flyer, Inc. issued schematic design report 2/25/09, City is negotiating contract for additional design work. WO Marathon Road — Phase it HDL engineering. Project out to bid by State DOT in Baron Park & HEA Access Road June. WO Marathon Road Improvements Project Complete, WO S. Ames & Basin View Wa Pavin LID North Star Paving- construction underway. WO Thom son Park -LID - Project com lete. LF I Vintage Pointe Dry Pipe Sprinkler Alaska Automatic Fire Protection — construction System Replacement underway. LF Vintage Pointe Window Replacement Worldwide Roofing — construction underway RK Water System HDL is conducting further investigations in vicinity of Well House No. 2. WO Wildwood Drive Improvements Preliminary engineering complete. ROW issues. Pro'eci on hold. Updated 5/27/09 -130- CITY OF KENM - DOCK RATE SCHEDULE Rick R.Koch, City manager 1,4 4 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 wharra e w{crane; w/o forklift $ 0.07/lb. h{ a i h rf !YP �if'P 11PtS etc) $ 0.04/lb. IVV11- IV4VVty - staples, Purchases Purchases of Purchases Under 500 501 - 2000 Over 2000 Gallons Gallons Gallons 2. Fuel Gasoline Regular 2.59677 2,54677 N/A State Marine Tax 0.000 0.000 N/A Federal Tax 0.184 0.184 N/A Total $/gal. 2.78 2.73 NIA Diesel #2 3,653 3.503 3.31177 State Marine Tax 0.000 0.000 0.050 Total $/gal. 3.65 3.50 3.36 3. Used Oil Dumping..$1.00/ al. 4. Boat Launch Ramp 0-10 min. _ $15.00 Includes Parking with Trailer Each min. over 10 min. = $1.001min. Seasonal ass per boat = $150/season 5. Parking Only (If with trailer, must pay launch fee) $10.001day Seasonal Pass for Parkin $100.00/season 6. Tie Up Fee A. Skiffs tied to land side of concrete dock $7.00/day Seasonal Pass per boat $1501season B. Boat tied to buoy in river $10.00/day Seasonal Pass per boat $1501season 7. Forklift w/O erator (1/2-hr. minimum $50.00/hr. 8. 1 City Labor Charge for call out 2-hr. minimum) $40.00/hr. 9. Other Items I See Dock Manager Prior to Use Finance -131- x the city a f !/ KENAI, ALANI A `'Ili&ye witk a mast; C# witk a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 f 1997. h11�115[OG TO: Rick Koch, City Manager Wf ROM: Christine Cunningham, Assistant to the City Manager ©ATE: May 20, 2009 SUBJECT: Kenai Hangar, LLC Lot 13, Block 1, Cook Inlet Industrial Air Park The above -referenced lease application was previously submitted to the City Manager for approval by staff. Pursuant to KMC 21.10.070, the lease application was referred to the Airport Commission and the Planning and Zoning Commission for review and comment. The Planning and Zoning Commission met May 13, 2009 and found that the proposed lease conforms to the ALP, the Comprehensive Plan, and Zoning in the attached Memorandum. The Airport Commission met May 14, 2009 and recommend the City proceed with approval of the lease in the attached Memorandum. Pursuant to KMC 21.10.070, the City Manager will consider the recommendations of the Commissions and Inform the City Council of the decision to approve or reject the application. /cc -132- lWla qe wdk a Past, CiN tviM a Fat re' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 \\ theci�yo�ll KENAI, ALASKA T0: Rick Koch, City Manager a FROM: Marilyn Kebschull, Planning Administrator $ DATE: May 14, 2009 '�scst°�ed� SUBJECT: Lease Application— Kenai Hangar, LLC/Lot 11, Block 1, F.B.Q. Subdivision & a Portion of Lot 10, Block 1, F.B.Q. Subdivision At their meeting on May 13, 2009, The Planning & Zoning Commission reviewed the above -referenced lease application. The Commission found that the proposed lease conforms to the ALP, the Comprehensive Plan, and Zoning. The Commission recommended the City proceed with approval of the lease. T_ -133- PEU w AB! uniclpa l Akrpc rt .- "I'll" Re,c VBLI tl i U aijY To: Rick R. Koch — City Manager From: Mary L. Bondurant- Airport Manage,, 1-" ' Dice:::. May 18, 2009 Subject: Lease Application — Kenaf Hangar, LLC At the direction of City Administration, Airport Commission reviewed the lease application for Kenai Hangar, LLC at their May 14; 2009 meeting. Airport Commission recommends approval of Kenai Hangar, LLC, lease application for Lot 11, Block 1, F.B.O. Subdivision & a Portion of Lot 10, Block 1, F.B.O. Subdivision. Cc: Marilyn Kebschull - Planner www. ci. ke nai. ak. us. -134- Carol Freas From: Bob Molloy [bob@molloyforcouncil.coml Sent: Tuesday, May 26, 2009 2:19 PM To: Mayor Porter, Carol Freas, Rick Koch Cc: Cary Graves Subject: Information Item for 6-03-09 Council Meeting Packet Attachments: 090526. Sub. D.pdf Mayor Porter, City Clerk Carol Freas, and City Manager Rick Koch: RE: Information Item for 6-03-09 Council Meeting Packet Ordinance No. 2347-2005, Molloy Substitute D Since the 5-20-09 Council meeting, due to conflicts in schedules, Administration and I were not able to meet again regarding Administration's proposed Substitute C and my proposed Substitute D to the original legislation. I request that this email and the attachment be included as an Information Item in the Council Meeting Packet for the 6-03-09 Council. Meeting. The legislation is not yet ready to be brought back to Council for public hearing. The attached pdf file is the 5-26-09 version of my Substitute D, which addresses some written comment from the City Clerk and verbal comment from the City Manager. The differences from my 5-13-09 version of the Molloy Substitute D are: 1. The subject is "regular" Council meetings only; and 2. A new subsection (1) is added to Substitute D: "(1) A Council action taken contrary to this ordinance is voidable only as provided in Alaska's Open Meetings Act." The statute on voidable action is AS 44.62.310(f), which is included with the attachment pdf file. The propsed new subsection (1) addresses Administration's proposed policy �9 in Administration's Substitute C, which states: "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." Proposed new subsection (I), added to Substitute D. would sake Administrators proposed policy °;9 unnecessary; therefore, it is proposed to be deleted in my Substitute D. I plan to be out -of -Alaska 6-04-09 through 6-13-09. Councilor Moore is having a discussion item on the Salmon Task Force and its recommendations at the 6-17-09 Council meeting. My intent, then, would be to bring back this legislation for public hearing and Council action at the 7-01-09 Council meeting. This would give Administration and myself the opportunity to meet again RE Administration's proposed Substitute C and my proposed Substitute D before the packet deadline for the 7-01-09 Council meeting. Thank you. Bob -135- ORDINANCE NO.2347-2008, Molloy Substitute D: 1. KMC I A 5.040 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 limit or restrict the reouestof s ability to speak on any other agedzda 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 Citv's web site and to the official bulletin board at City Hall. [AS PROVIDED FOR IN PARAGRAPH (K)]. A'ad'rtna( public notice of rneetin s may be rtg en 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. -136- (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)j. The City Clerk shall cause a paper copy or electronic copy CD 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. (1) A Council action taken contrary to this ordinance is voidable only as provided in Alaska's Open Meetings Act. -137- Agenda and Preparation, Distribution, Publication and 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 Fieard", 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 Ci 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 five (5) [THREE (3)1 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 Ball 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 prim to the meeting. [5. P'UBLICATION OF THE REGULAR COUNCIL MEETING AGENDA SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION NO LATER TITAN 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 shalt not be counted for the purpose of establishing deadlines. [8. FAILURE TO COMPLY WITH'ITIE 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]. -138- Ogee of the City Clerk City of Kenai 2I0 Fidalgo Avenue Kenai, AK 99611 (909j283-8231phone (907)283-5008 fax efre s iil.c'.kenai.ak, s e-mail Name: Mailing Address: _ Daytime Brief Description of Topic:_ Preferred Meeting Date: Signature: a - -139- a a, a c3 Westla'w, AS § 44.62.310 Page 1 West's Alaska Statutes Annotated Currentness Title 44. State Government !J Chanter 62. Administrative Procedure Act Article 6. Open Meetings of Governmental Bodies § 44.62.310. Government meetings public (a) All meetings of a governmental body of a public entity of the state are open to the public except as otherwise provided by this section or another provision of law. Attendance and participation atmeetings 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 shalt be taken by roll call. 'Phis 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 ofholdmg an executive sessionto discuss matters that are listed in (a) of .his 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 matter or pending labor negotiations. (c) The following subjects may be considered in an executive session: a9100() Ai., rr.;_ rn nr",H 11, rnv wnr4c 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 thatby law are not subject to public disclosure. (d) This section does not apply to (1) a governmental body performing a judicial or quasi-judicial function when holding a treating solely to make a decision in an adjudicatory proceeding; (2) juries; (3) parole or pardon boards; (4) meetings of a 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 a 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 of a national, state, or regional orga- nization of which the public entity, governmental body, or member of the governmental body is a. member, but only if no 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 of the 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- lates 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 f rids 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 held that an action taken at a meeting held to 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 n p(}gq Thnm a.n Rausnre31E1Pef Nn (`loin fin n:ia i K (:nn Urnrl,e SIM 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 subiect; (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; (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 p,S 44.62312(a), (g) Subsection (t) 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. lb) In 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 make 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- mittee 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 members 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, r,, vnno, Tk,,,,,� Nt, r" n,4„ t is r.,,,, wnr4c sEM AS § 44..62,310 Page 4 and other governmental units of the state or a pot ideal 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, § I; SLA 1966, ch.48, § 1; SLA 1968, ch. 78, § 1; SLA'1969, oh. 7, § 1; SLA 1972, ch. 98, §§ 1, 2; SLA 1972, ch. 100, § 2; SLA 1976, ch. 189, § l; SLA 1985,,ch. 54, §§2, 3; SLA 1990. ch, 201. 6 2; SLA 1991 ch. 74. S 7; SLA 1994 ch, 69. 58 2--8; 5LA. 2000. ch. 54. $ 7. CROSS REFERENCES Open meeting guidelines, see 8 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"24. Westlaw Key Number Search: 15Ak124. C J S Public Administrative Law and Procedure FN 32 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 Af€ecting Enforceability of Recall Petition. Treatises and Practice Aids Administrative Law and Practice & 3.61 State Open Meetings Statutes. NOTES OF DECISIONS to general i Advisory entities 8 Alaska car association 20 Colleges and universities IS Declaratory judgments 23 Elections 16 Email exchanges 5 Employee evaluations and terminations 12 Executive sessions 4 informal meetings r, Moo Th^—,n Rr+u n=rc/4i7Par XI, r`laim h, C)6I iC r;r.v IN1,Lee -143- "W14ye wit% a past, C# witk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ��(u Telephone: 907-283-7535 / FAX: 907-283-3014 lll�l �e9z tivec��af KENO AL SKK TO: City Council FROM: Rick Koch DATE: May 14, 2009 SUBJECT: Ordinance 2347-2008, Agenda and Packet -Preparation, Distribution, Publication, and Late Materials "tbe purpose of this correspondence is to transmit administration prepared Substitute "C" for your review and comment. ORDINANCE NO 2347-2008 Substitute C: 1, KMC 115,040 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 be 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 Clerk shall cause a paper copy or electronic copy (CD) of the meeting packet to be provided to any member of the public, -145- 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. (} 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. A Publication an1 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 penri tted ten (10) minutes to address the Council. The request shall be made to the City Cleric, on the prescribed forni, a minimum 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. S. The day of the council meeting shall be counted for the purpose of establishing deadlines. 9. FaiIure 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, -147- > 6 Office of the City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907)283-8231 Fax: (907) 283-5068 Email: dreas@ci.kenal.ak.us fl'ul-4l Residence Address: 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. Kebschull 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). Date: Signature: Received by City Clerk: Date Time TEcRInai PeninsulaBorough ' June 2, 2009 - 7:00 PM Regular Meeting, ttorougn nssemnly �-nammers, noeaom A. CALL TO ORDER Tills Martin B. PLEDGE OF ALLEGIANCE (ssembly President peat 9 - South Peninsula 'erm Expires 2009 C. INVOCATION 'etc Sprague D. ROLL CALL, (ssembly Vice President ,eat 4 - Soldotna 'erm Expires 2010 E. COMMITTEE REPORTS 'aul Fischer F. APPROVAL OF AGENDA. AND CONSENT AGENDA (ssembly Member (All items fisted with an asterisk (*) are considered to be routine mid non -controversial by the 'eat 7 - Central Assembly and will be approved by one motion. There will be no separate discussion of these 'erm Expires 2010 items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) >ary Knopp (ssembly Member .eat 1-Kalifornsky G. APPROVAL OF MINUTES "erm Expires 2009 - * 1.. May 19, 2009 Regular Assembly Meeting Minutes ........... 1 tort 9 G y Member :ea, ✓= East Peninsula H. (� COMMENDING RESOLL IONS AND PROCLAMATIONS "erm Expires 2009 1. A Resolution in Memoriam Commending the Contributions ,harlie Pierce lssembty Member and Commitments of Kevin Towsley (Long) ............... 18 .eat S-SterlinglFunny River "arm Expires 2011 I PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) lal Smalley 9ssembly Member I. South Peninsula hospital Quarterly Report 00 minutes) ,eat 2 - Kenai ^erm Expires 2011 2 Charles Winegarden, "A Request to Revoke the City of Sill smith Kenai's Zoning Power" (10 minutes) .................... 20 (ssembly Member teat 8 -Homer J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE erm Expires 2011 AGENDA (3 minutes per speaker; 20 minutus aggregate) 3ary Superman ?ssembly Member R, MAYOR'S REPORT ...... ........................... . ..... 23 'seat 3-Arikiski term Expires 2010 1. Agreements and Contracts a. Sole Source Approval for Ward Diesel Filter System for Bear Creek Fire Department .................... 24 June 2, 2009 Page 1 of 4 -149- b, Authorization to Award Contract for MIS Server and Storage Area Network (SAN) Equipment ......... . ......................... 25 Sole Source Request Licensing for SQL (database software) ........ 27 d. Authorization to Award Contract for Homer Middle School Elevator Upgrade...................................... ...........29 e. Authorization to Award Contract for Ladd Subdivision No. 3 and ALTA / ACSM Survey......................................30 L. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None. M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2008-19-58: Appropriating an Additional $140,000 to Cover Costs in Excess of Budgeted Amounts for Roof Replacement for Soidotna Elementary School and Authorization to Award a Contract (Mayor) (Referred to Finance Committee) ......................... . . . ................. 31 2. Ordinance 2008-19-59: 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) (Referred to Finance Committee).....................................................35 3. Ordinance 2009-19: Appropriating Funds for Fiscal Year 2009-2010 (Mayor) (Refened to Finance Committee) .................................... 43 4. Ordinance 2009-22: Approving a Cooperative Agreement Between the Kenaitze/Salamatof Tribally Designated Housing Entity and the Kenai Peninsula Borough that Provides for the Borough to Accept a. Payment in Lieu of Taxes in Exchange for Continued Borough Services (Mayor) (Referred to Policies and Procedures Committee) ........................ 48 N. UNFINISHED BUSINESS - None O. NEW BUSINESS 1. Resolutions *a. Resolution 2009-047: Setting the Rate of Levy for Real and Personal Property Taxes for the Kenai Peninsula Borough and for Service Areas within the Borough for Fiscal Year 2010, Tax Year 2009 (Mayor) (Referred to Finance Committee) .............. . ..... . .. 60 June 2, 2009 -150- Page 2 of 4 *b. Resolution 2009-048: Authorizing the Mayorto ApplyforandAccept a Loan from the Department of Environmental Conservation for Nikiski North Star Elementary School Point -Of -Entry Arsenic Removal System (Mayor) (Referred to Finance Committee) ......... 66 2. Ordinances *a. Ordinance 2009--33: Amending KPB 5.12.245 to Comply with Alaska Statutes Regarding Large Commercial Vehicle Registration Tax (Mayor) (Hearing on 07/07/09) (Referred to Finance Committee) ..... 70 3. Other A`a. Authorizing an Application of Transfer, Relocation and Name Change of Liquor License Filed by Ralph D. Peterson dba Cook Inlet Spirits, Inc. From Current Licensee Milburn F. & June Soon Mertens dba Sterling Keg and Spirits (Referred to Finance Committee) ....... 73 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. .Tune 16, 2009 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Resolution 2009-017: Supporting the Proposed CIosure of Portions of Peterson and China Poot Bays to Shellfish Harvest to Sustain Educational Use (Martin) (Referred to Legislative Committee) Tabled 03103109 2. Ordinance 2008-19-23; Appropriating $550,000 from the Nikiski Fire Service Area Capital Project Fund for Purchase of aNew Type A Fire Engine (Mayor) (Referred to Finance Committee) Tabled 11/18108 3. Ordinance 2008-19-56: Accepting and Appropriating on Behalf of Beat Creek Fire Service Area a Grant in the Amount of $8,998.20 from the Alaska Department of Natural Resources (Mayor) (Hearing on 06/16/09) (Referred to Finance Committee) 4. Ordinance 2008-19-57: 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) 2,2009 -151- Page 3 of 4 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 Program's Public Access Study (Mayor) (Hearing on 06/16/09) (Referred to Finance Committee) 6, Ordinance 2009-03: Amending KPB Chapter 5.35, Special Assessments —Public Utilities, to Redefine Benefitted Parcels to Include Those Whose Owners Approve the Assessment District and intend to Connect to the Main Utility Line (Superman, Knopp) (Referred to Policies and Procedures Committee) Tabled 03/03109 7. 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 (Long, Mayor at the Request of the Flood Plain Task Force) (Hearing on 06/16/09) (Referred to Policies and Procedures Committee) &. 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 (Long', Mayor at the Request of the Flood Plain Task Force) (Hearing on 06/16/09) (Referred to Lands Committee) 9. Ordinance 2009-31: Providing for a Vote on the Question of Adopting a Manager Plan of Government at the Next Regular Election (Knopp, Sprague) (Hearings an 06/16109 and 07/07/09) (Referred to Legislative Committee) 10. Ordinance 2009-32: Establishing the Central Peninsula Multi -Use Facility Service Area (Sprague, Knopp) (Hearings on 06/16/09 and 07/07/09) (Referred to Legislative Committee) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF N&TEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on June 16, 200% at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL-Fh191.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K201AO-FM 88.1(Ea9t Peninsula). Copies of agenda items are available at the Borough Clerk's Q f ce in .he Meeting Room just prior to the meeting. For further information, please call the Clerk's rice at 714-2160 or toll free within the Borough at 1-800- 478-4441, Ext, 2160. Visit our website at www.borough. kenai. ak.us for copies of the agenda meeting summaries, ordinances and resolutions. June 2, 2009 -152- Page 4 of 4 CITY OF KENAI ADOPTED AT THE JUNE 3, 2009 COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at its regular meeting of June 3, 2009. 1. Substitute Ordinance No. 2410-2009 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. 2. 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. 3. 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. 4. 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. 5. Resolution No. 2009-24 -- Authorizing Sharing Cost Savings From the Calendar Year 2008 Health Insurance Plan with Employees. 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. Carol L. Freas, Kenai City Clerk Posted: June 4, 2009 • 1, . • 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 June 3, 2009. Ordinance No. 2403-2009 (Substitute B) -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries 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). a. Ordinance No. 2403-2009 (Substitute C) -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries 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 and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH) and Tattoo Parlors, Massage Therapists, Dry Cleaners and Self -Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). 2. Substitute Ordinance No. 2410-2009. -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009 and Ending June 30, 2010. 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 Permitted Uses (P). 6. Resolution No. 2009-23 -- Fining the Rate of Levy of Property Tax for the Fiscal Year Commending July 1, 2009 and Ending June 30, 2010. 7. Resolution No. 2009-24 -- Authorizing Sharing Cost Savings From the Calendar Year 2008 Health Insurance Plan with Employees. 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. i Carol L. Freas, enai City Clerk Posted: May 29, 2009