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HomeMy WebLinkAbout2009-06-17 Council PacketMayor /Council Clerk Police Department Senior Center Library (2) Fire Department AGENDA DISTRIBUTION MAKE 27 PACKETS COUNCIL PACKET DISTRIBUTION I COUNCIL MEETING DATE: 1 Attorney Cit Mana•er Finance Taylor /Floyd Kebschull /Carver Ogle Airport Christine Parks Recreation i ``1 Clarion Schmidt Student Rep. Hall Binder Mellish Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. REQUESTED BY: REMOVE: Annual Evaluations of City Manager and City Clerk MAYOR PORTER ADD: Executive Session: City Attorney Recruitment COUNSELOR MOORE No changes. JUNE 17, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET CONSENT AGENDA ›11 iiii WAIN ICS II s II b -Z /gyp JOHNSON T ELDRIDGE SSO1 MOLLOY L _BOYLE LPORTER SMALLEY H MOORE z 0 Z 0 0 cc O J J O 2 w -J 0 0] cc w 1- O a w J J Q 5 w cr 0 0 5 cn 2 w J r O m w cc 0 a w -J -J 5 0) w 0 0 5 en 2 z 0 0) Z 0 0) 0 ct O J J O 5 w J J a 2 w tZ 0 0 5 COUNCIL MEETING OF ELDRIDGE ELDRIDGE ELDRIDGE A III I II II s S MI JOHNSON 3ooIIa13 ssoz 1 1 JOHNSON ELDRIDGE ROSS MOLLOY 1 BOYLE PORTER SMALLEY MOORE 1 MI MOLLOY BOYLE PORTER SMALLEY MOORE A III 11 II S II I S 1111 1 1 JOHNSON ELDRIDGE ROSS MOLLOY 1 BOYLE PORTER SMALLEY MOORE 1 MI JOHNSON 3n�21a13 SSOH 1 1 MOLLOY BOYLE 1_ PORTER SMALLEY 1 3bOOWJ ea 0 zw 0 E w EE J 0 W J Q w 0 0 z 0 Z 0 W CD EE J W 0) 0 0 J J 0 k W J 0 CO w F cC 0 0 W 0 0 COUNCIL MEETING OF: III 11 1 1 9 S 1111 1 1 JOHNSON ELDRIDGE ROSS MOLLOY 1 BOYLE PORTER SMALLEY MOORE 1 ea 0 zw 0 E w EE J 0 W J Q w 0 0 z 0 Z 0 W CD EE J W 0) 0 0 J J 0 k W J 0 CO w F cC 0 0 W 0 0 COUNCIL MEETING OF: S 1111 MI i ELDRIDGE 1 S MOLLOY BOYLE PORTER SMALLEY MOORE ea 0 zw 0 E w EE J 0 W J Q w 0 0 z 0 Z 0 W CD EE J W 0) 0 0 J J 0 k W J 0 CO w F cC 0 0 W 0 0 COUNCIL MEETING OF: E1 z E1 z 2 0 U U NaCil O Qs— EXECUTIVE SESSION MOTION I MOVE TO CONVENE IN AN EXECUTIVE SESSION OF THE COUNCIL OF THE CITY OF KENAI, CONCERNING CITY ATTORNEY RECRUITMENT, A MATTER THAT COULD PREJUDICE THE REPUTATION AND CHARACTER OF ANOTHER. IF ANY, STATE WHO YOU WOULD LIKE TO ATTEND THE EXECUTIVE SESSION WITH COUNCIL. Kenai Additional Authority: Smith v. Anderson, 575 S.W. 2d 328 (Tenn. 1984) Coo/ Homes, Inc. v. Fairbanks North Star Borough, 860 P2d 7248 (Alaska 1993) AUTHORITY: AS 29.20.020 AS 44.62.310 KMC 1.15.030 Charter, Section 2 -6 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 17, 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 5. *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Brenda Crim Chugiak Baptist Organization /North /South Beach Volunteer Outreach Services 1 ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. 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 2. Ordinance No. 2416 -2009 Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070 3. 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 8 12 16 4. Resolution No. 2009 -25 Placing on the City of Kenai October 6, 2009 General Election Ballot the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393 -2009 that Amended the Official Kenai Zoning Map.. 19 5. Resolution No. 2009 -26 Approving a Contract to G H Construction for the Project Entitled Kenai Boat Launch Ramp Plank Replacement 2009 for the Total Amount of $62,800.00 6. Resolution No. 2009 -27 Authorizing a Budget Transfer Within the General Fund, Legislative and Legal Departments to Cover Costs for External Legal Services Associated with the Referendum Petition Related to City of Kenai Ordinance No. 2 -2009 7. Resolution No. 2009 -28 Authorizing a Budget Transfer Within the General Fund, Non Departmental and Manager Departments to Cover Costs in Excess of Budget Amounts 8. Resolution No. 2009 -29 Authorizing a Budget Transfer Within the General Fund, Recreation and Parks Departments to Cover Costs in Excess of Budget Amounts 9. Resolution No. 2009 -30 Authorizing the City Manager to Submit a Grant Application on Behalf of the City of Kenai for Energy Efficiency and Conservation Block Grants 10. Resolution No. 2009 -31 Authorizing a Budget Transfer Within the Water Sewer Fund, Wastewater Treatment Plant Department for the Replacement of the Facility's Disinfection Control System 21 22 23 24 26 27 ITEM E: MINUTES 1. *Regular Meeting of June 3, 2009 29 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 48 2. Approval of Purchase Orders Exceeding $15,000 49 3. *Ordinance No. 2418 -2009 Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot lE Killen Estates Collier Replat from Suburban Residential to Rural Residential 51 4. Discussion Status of Proposed Sprucewood Glen No.2 Subdivision 56 5. Discussion Salmon Task Force Findings /Proposed Natural Resources Commission 61 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 89 3. Harbor Commission 93 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 98 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR 108 ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk ITEM K: DISCUSSION 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 S400 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.) 118 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 Manager. ITEM M: ADJOURNMENT INFORMATION ITEMS JUNE 17, 2009 Page No. 1. 6/17/2009 Purchase Orders Between $2,500 and $15,000 for council review 131 2. Kenai Peninsula Borough /Notice of Public Hearing Proposed Central Peninsula Multi -Use Facility Service Area, June 23, 2009, 6:00 p.m., Borough Assembly Chambers 132 3. 6/3/09 Council Meeting, Partial Verbatim, Item D -1, Ordinance No. 2403 -2009. 133 4. 5/09 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports 149 5. 6/16/09 Kenai Peninsula Borough Assembly Meeting Agenda 151 Prepared for: Prepared by: Date: ProposeE: aty of Kenai Brenda Crirn April ZZ, 2fl9 2009 77..Ts"riurr4a Where else but in Aieska.... do people DIP NET ocean-fresh saimon out of the coastal waters at the mouth of the great Kenai River? Hundreds of Alaskan families make an annual mecca to Kenai Baaches together to fill their freezers with this savory fare, camping out in primitive conditions. They are hauling in ice chests, tents, nets and are there for a weekend of harvest, Our Mission: serve thendi And make their experience the best it can be Our volunteer teams make the event more enjoyable: providing kids activities, free hotdogs, water, cocoa, filleting stations, traffic control, trash pickup and evening bonfires, and more. Project Strategist: B rer➢da Crirn, 8310 Summerset Drive, Anchorage Alaska 99516 alas icamtssion:t(" ),reiail.r.r:ra 907-351-5654 (cell) Career Missionary, North American Mission Board, Alaska 2005 present Campus Ministry Director, 26 yrs (University of Alaska, University of Louisiana, Texas A &M University, University of Texas) Education Texas A &M University BS Southwestern Baptist Theological Seminary MDiv Baylor University EdD First Baptist Church, Kenai First Baptist Church, Soldotna College Heights Baptist Church, Soldotna 14:10. t teen First Baptist Church First Baptist Church First Baptist Church Liberty Baptist Church Mobberly Baptist Church Top of Texas Association Texas GoNow Missions University of Louisiana University of Mobile Individuals t. Two 'u1 date e .s Cornerstone Baptist First Southern Baptist God's Word of Life Grace Baptist Church Greenwood Baptist Kathleen Baptist Church Mobberly Baptist Shadow Hills Church Pastor Robin Davis contact Ruby Stogsdill, contact Pastor Scott Coffman, contact Gentry, AR Lafayette, LA Nederland, TX Flowood, MS Longview, Texas Perryton, TX Baptist College Students, TX Lafayette, LA. Mobile, AL Austin, TX; Taylor, TX Lone Tree, CO Salina, KS Pittsburgh, PA Virden, IL Valdosta, GA Lakeland, FL Longview, TX Las Vegas, NM 1983 1988 in dissertation July 15 Wed July 16 Thurs July 17 Fri July 18 Sat July 19 Sun July 2 Mon July 21. Tues Stonegate Fellowship Midland, Texas Texas GoNow Missions Baptist College Students, TX University of Louisiana Lafayette, LA individuals Pensacola FL; Lexington, TX; Roanoke, VA a 1) L V A bunch of Cajuns and Rednecks from Baton Rouge, Louisiana (These guys feed all our volunteers every evening at First Baptist Church, Kenai 150 volunteers (75 on North Beach) Brenda Crim, On site Coordinator (75 on South Beach) David George, On -site Coordinator Volunteers Arrive in Anchorage, drive to Kenai Orientation Training Salmon Frenzy Salmon Frenzy Salmon. Frenzy Sightseeing Day (multiple options) Depart Kenai, drive to Anchorage, Depart Alaska July 22 Wed july 23 Thurs July 24 Fri July 25 Sat july 26 Sun July 27 Mon July 26 Tues Volunteers arrive in Anchorage, drive to Kenai Orientation Training Salmon Frenzy 9 am Salmon Frenzy Salmon Frenzy Sightseeing Day (multiple options) Depart Kenai, drive to Anchorage, Depart Alaska eers (75 on North Beach) Brenda Grim, On -site Coordinator (75 on South Beach) David George, On -site Coordinator Friday, Saturday, Sunday Most Activities: 9 am -6 pm Beach BOUNCE Houses Control Kids get their exercise while having a blast Aiding in flow of traffic Traffic Beach Kids Club Stations Games, activities, character lessons Salmon Frenzy Cafe First Aid Station Free hotdogs from 11 -3 pm Hot Chocolate, water bottles Green Team Bonfires Dune Protection: monitor repair fence Beach Trash; collect trash on beach Beach Chapel Sled Dawgs Kenai Church hosts meet at the beach on Sunday North Beach So 65' X40` Circus Tent 10' X 10' Canopy 20 X 10' Canopy 2 Bounce Houses, generator h Beach Setup Beach Kids' Club Site First kid Station Cafe Grille Kids. Activity Filet filet tables and knife sharpeners Hotdog Grille first aid for minor cuts /abrasions sunscreen Evening campfire, marshmallows, music Alaskan Residents carrying gear by sleds Alaskans helping Alaska FAQ's How is Sources of Funding: 1, Alaskan Baptist Churches the North American Mission Board (they pay our salaries) 2. Kenai Peninsula Host Churches (First Baptist, Kenai; First Baptist, Soldotna, and College Heights Baptist, Soldotna) They incur costs while hosting, 3. Volunteer Participants: they pay a participant fee which funds their expenses and the necessary supplies to operate the volunteer projects. How are 1. Persanal Net through the cooperative e 2. Recruiting Sites: What atier public events do we serve? p h.,, in Nome (March 12 -18 and 19 -25, 2€220 funded? volunteers recruited? strategist, Crim. The North American Mission Board is funded ort of 44,000 churches. search: Salmon Frenzy Beach Reach search: Salmon Frenzy Beach Reach cif W ebsige: wwwsiaortcermrniss:ions,cor. search: Arctic Adventure: iditarod Outreach ,Nome Reference: Stan Hooley, Executive Director of the lditarod Trail Committee 2: "Deadliest Catch" CrabFest in Kodiak Outreach and Hospi s.catn (May 18 -24, 2009) *New Project`* vwvw. sky ortt 2003 Report North Beach Location ONLY 500 Gallons of Cocoa 5000 hotdogs given away 5000 bottles of water 178 Children in Beach Kids Club 210 Volunteers: 140 volunteers, week cane; 70 volunteers, week two Dune Fencing Repaired, monitored. Traffic Control: aided in gauging traffic flow Supplied 6 filet tables /sharpeners Trash patrol: volunteers with hefty bags gathering trash Expectations for 2909 EXPAND TO South Beach location, dual sites.' 8000- 10,000 hotdogs 8000-10,000 water bottles 1000 gallons of cocoa (depending upon wea 300 -350 children served in Beach Kids Club. -300 volunteers (120 lower 48 -ers and 20-40 Alaskans per week) Traffic Control Trash Patrol Filet Stations Dune /Fence Patrol maintenance Economic impact Anticipated Spending in Kenai Peninsula: KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2415 -2009 Suggested by: Councilmember Ross 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 8- PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACIOTED/ Introduced: June 3, 2009 Adopted: June 17, 2009 Effective: July, 17, 2009 Ordinance No. 2415 -2009 Attachment "A" Chapter 12.40 REGULATION OF SMOKING [EV EATING ESTABLISIMENTS AND BOWLING ALLEYS Sections: 12.40.010 Definitions. 12.40.020 Regulation of smoking [IN EATING ESTABLIS ALLEYS]. 12.40.025 Reasonable Distance. 12.40M30 Where smoking not regulated. 12.40.040 Sign posting requirement. 1240.050 No retaliation. 12.40.060 Violations and penalties. 12.40.070 Enforcement. 12.40.080 Other applicable laws. NTS AND BOWLING 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 wader 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 he served., "Business" means any legal entity, whether for profit or not for profit, that provides goods or services. including, but not limited to. a sole proprietorship, partnership. limited liability company, corporation, trust, membership organization or similar entity. "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 fonn. 12.40.020 Regulation of smoking [IN EATING ESTABLISHMENTS AND BOWLING ALLEY'S' Smoking is prohibited and is unlawful: (a) Within all indoor eating establishments and bowling alleys. Ordinance No. 241.5 -2009 Attachment "A" (d) (e) (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. Each and every day that such violation continues shall be deemed a separate and distinct violation. 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 he subject to the penalties set forth in Section 12.40.060. 12.40.080 Other applicable laws. This chapter shall 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. Ordinance No. 2415 -2009 Attachment "A" (b) Within a business which isposted no- smoking in the manner set forth in KIM 1.2,40.040. (c) Within a health care facility or fifty (50') feet from any entrance or exit to a health care facility. (d,) Within the are of an outdoor event which is clearly and conspicuously posted with "no smoking" signs or the international "no smoking" symbol consisting of a pictorial representation of a. cigarette enclosed in a red circle with a red bar across it. 12.40.025 Reasonable Distance. To ensure that smoke does not enter any 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 any place where smoking is prohibited. Unless otherwise stated under this Chapter, the minimum reasonable distance is twenty (20) feet. 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 1.2.40. 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. (c) An operator of any business. not including eating establishments and bowling alleys, may elect to prohibit smoking in their business by posting 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 shall 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; -10- Madam Mayor; City Council; e ©cf. 2 sms av Wednesday, June 17, 2009 The main reason that I am here tonight is to try to find out which had the highest priority in the City of Kenai, is it the Ghost smoke in this room and the Ghost smoke outside the entry door or the Water which every single person in the City of Kenai drink and wash clothes in; for heavens sakes don't ever buy anything white and wash it; If our dictator president had been in power only 10 years ago; it would not have been possible for me to speak here tonight as the value of a person over 65 is no longer a viable human being and not worth spending money on even though they have contributed to the well being of the country up to now. My total hospital bills for the Last 10 years are probably over $500,000 for a gall bladder surgery and a colon operation. But my problem is more with water; In the folder in front of me are medical records from 1988- 1996 -1999- 2006 with the records of medical tests taken in Redmond Washington and Soldotna testing for metals and arsenic which can be removed by the Process of Chelation. In 1988, I was very sick and had treatments in Washington and came back to Kenai and continued with Dr Isaak, everybody remembers him In 1991 I quit work and took retirement. On returning in 1996 to Washington had no signs of Arsenic. During this time We had been wintering in Arizona. In 1999, feeling poorly again, returned to the Bolles clinic in Washington and had high metals again, extremely high levels of Lead and Arsenic. Another series of treatments and was feeling much better; In 2006, feeling poorly again went to Dr. Lamb in Soldotna for tests and again found Arsenic and other metals. While taking treatments there, there was a lady from Sterling being treated for arsenic from their well. The City has spent millions of dollars in the last 30 years on projects which have not had good financial returns ie the Fire training Site, Challenger center and many other projects. I think there was a report that there was a process available to remove arsenic from water, but having worked all my life in Chemical manufacturing believe that there has been a process available for many years. It is just more important to take care of the river and bluff and Ghost smoke than the citizens of the city. (Ai i w fr e &e- /1 e Thank you for listening; Section One: 14.15.030 To begin at base lines. Section Two: ORD INANCE NO. 2416 -2009 CITY OF KENAI New Text Underlined' {DELETED TEXT BRACKETED) -12- Suggested by: Planning Zoning AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.15 (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: [(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.} 14.15.070 Multifamily dwellings [UPPER AND LOWER PARTS OF HOUSES]. 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. Ordinance No. 2416 -2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] -13- Introduced: June 3, 2009 Adopted: June 17, 2009 Effective: July 17, 2009 the esfy KEMAL LOIVIS Section One: 14.15.030 To begin at base lines, Section Two: New text underlined CITY OF KENAI PLANDUNG AND ZAPNING COMMISSE RESOLUTION NO. PZ09-25 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 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, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances by: [(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.] 14.15.070 Multifamily PPE AND LOWE PARTS OF HtUSES1 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), (8), (C), etc., as may be required. [DELETED TEXT BRACKETED AND ALL CAPS] -14- PZ09 -25 Page 2 PASSED BY THE PLANNING AND ZONING COMMISSI OF THE 52 ALASKA, this 27th day of MAY 2009. -15- CHAIRMAN NAI CITY OF KENAI ORDINANCE 2417-2009 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 S25,000 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 To Non- Departmental Transfers Appropriation Dock Improvements Capital Project Fund Increase Estimated Revenues: Transfer From General Fund Increase Appropriations: Construction New Text Underlined [DELETED TEXT BRACKETED) -16- Suggested by: Administration $25,000 $25,000 $25,000 $25,000 Ordinance No. 2417 -2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KEN'AI, ALASKA, this seventeenth day of June, 2009. ATTEST: Carol L. Frea.s, City Clerk Approved by Finance: S PAT PORTER, MAYOR New Text Underlined' IDELETED TEXT BRACKETED] -17- Introduced: June 3, 2009 Adopted: June 17, 2009 Effective: June 17, 2009 ec #0( KENAI e with a Past, City with a Fistare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMORANDUM TO: Rick Koch, City Manager THRU: Wayne Ogle, Public Works Director FROM: Robert J. Frates, Parks Recreation Director 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. 1997 «,y KEKALALASKA CITY OF KENAI RESOLUTION NO. 2009 -25 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PLACING ON THE CITY OF KENAI OCTOBER 6, 2009 GENERAL ELECTION BALLOT THE REFERENDUM VOTE TO DETERMINE WHETHER OR NOT TO REPEAL ORDINANCE NO. 2393 -2009 THAT AMENDED THE OFFICIAL KENAI ZONING MAP. WHEREAS, the Limited Commercial (LC) Zone was developed to provide a transition area between commercial and residential districts, allowing low to medium volume business, mixed residential and other compatible uses and specifies development criteria for separate uses; and, WHEREAS, on April 1, 2009, the Kenai City Council enacted Ordinance No. 2393- 2009 which amended the Official Kenai Zoning Map by rezoning approximately 22 acres located north of the Kenai Spur Highway from. McCollum Drive West to No -Name Creek from Rural Residential 1 (RR1) and Conservation (C) to Limited Commercial (LC); and, WHEREAS, on April 7, 2009, a referendum petition was submitted to the Kenai City Clerk by citizen sponsors; and, WHEREAS, 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 and, WHEREAS, the immediately preceding regular City of Kenai Election was held on October 7, 2008 at which there were 1,580 votes cast, requiring the referendum petition to include 395 valid City of Kenai voter signatures; and, WHEREAS, on May 27, 2009, the Kenai City Clerk certified the referendum petition submitted by the citizen sponsors which, if approved by the voters, would repeal Ordinance No. 2393 -2009; and, WHEREAS, 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 and the Council by resolution or ordinance may call, or authorize the Mayor by proclamation to call, a special election for the purpose; and, WHEREAS, the Kenai City Council, at its June 3, 2009 meeting, unanimously passed a motion to place the referendum question on the October 6, 2009 City of Kenai General Election ballot. —19— Resolution No. 2009 -25 Page 2 of 2 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following question shall be placed before the voters of the City of Kenai at the October 6, 2009 City of Kenai General Election: Shall City of Kenai Ordinance No. 2393 -2009, that amended the Official Kenai Zoning Map by rezoning approximately 22 acres located North of the Kenai Spur Highway from McCollum Drive West to No -Name Creek from Rural Residential 1 (RR1) and Conservation (C) to Limited Commercial (LC), be repealed? YES NO ATTEST: Carol L. Freas, City Clerk (A Yes vote would repeal Ordinance No. 2393 2009.) (A No vote would not repeal Ordinance No. 2393 2009.) PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2009. -20- PAT PORTER, MAYOR New Text Underlined] [DELETED TEXT BRACKETED] Bidder Basic Bid G H Construction $62,800.00 End le Company $67,020.00 Foster Construction, Inc. $74,920.00 Engineer's Estimate $54,490.00 CITY OF KENAI RESOLUTION NO. 2009 -26 WHEREAS, the following bids were received on May 12, 2009; and, ATTEST: Carol L. Freas, City Clerk Approved by Finance: T New Text Underlined' [DELETED TEXT BRACKETED[ -21- Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO G H CONSTRUCTION FOR THE PROJECT ENTITLED KENAI BOAT LAUNCH RAMP PLANK REPLACEMENT 2009 FOR THE TOTAL AMOUNT OF $62,800.00. WHEREAS, G H Construction's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to G 841 Construction for the total cost of $62,800.00; and, WHEREAS, sufficient monies are appropriated pending passage of Ordinance No. 2417 -2009. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled Kenai Boat Launch Ramp Plank Replacement 2009 be awarded to G H Construction for the total amount of $62,800.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2009. PAT PORTER, MAYOR the a7 KENAI,A ASKA A RESOLUTION OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND, LEGISLATIVE AND LEGAL DEPARTMENTS TO COVER COSTS FOR EXTERNAL LEGAL SERVICES ASSOCIATED WITH THE REFERENDUM PETITION RELATED TO CITY OF KENAI ORDINANCE NO. 2309 -2009. WHEREAS, a referendum petition was submitted seeking to reverse Ordinance No. 2309 -2009; and, WHEREAS, the Legal Department sought outside council to evaluate the legal sufficiency of the referendum petition; and, WHEREAS, the $5,540.14 cost of the evaluation was unbudgeted and the Legal Departments budget is insufficient to absorb this amount; and WHEREAS, due to the budget for council members' salaries being increased in the FY2009 but no increase being enacted, there are excess funds available to pay for these services, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: General Fund Legislative Department Salaries To: General Fund Legal Department Professional Services PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2009 -27 PAT PORTER, MAYOR -22- Suggested by: Administration $5,540.14 $5,540.14 the 4 of KENAI. ALASKA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND, NON- DEPARTMENTAL AND MANAGER DEPARTMENTS TO COVER COSTS IN EXCESS OF BUDGET AMOUNTS. WHEREAS, a new employment contract for the City Manager became effective March 6, 2009; and, WHEREAS, the agreed -upon salary was in excess of the amount budgeted in the department for FY2009; and, WHEREAS, excess funds have been identified in the Manager's travel account with the remainder coming from the Manager's general contingency. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: General Fund Manager Department Travel and Transportation General Fund Non Departmental Department General Contingency To: General Fund Manager Department Salaries S 12,500 Leave 1,600 PERS 2,750 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance CITY OF KENAI RESOLUTION NO. 2009 -28 PAT PORTER, MAYOR -23- Suggested by: Administration 6,500 $10,350 tj 7c KENAI, ALASKA U CITY OF KENAI RESOLUTION NO. 2009 -29 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND, RECREATION AND PARKS DEPARTMENTS TO COVER COSTS IN EXCESS OF BUDGET AMOUNTS. WHEREAS, overtime paid during the 2008 dipnet fishery and early staffing for the 2009 summer season has depleted the budget leaving insufficient funds for the remainder of FY2009 in the Parks Department; and, WHEREAS, excess funds have been identified in the Recreation and Parks Departments to cover the overage. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: General Fund Recreation Department Professional Services General Fund Parks Department Improvements Other Than Buildings To: General Fund Manager Department Salaries PASSED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, this 17 day of June, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] -24- 7,000 6,000 13,000 'he city RENAL \k.. ALASKA 'Village with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 IIIIIt MEMO TO: Rick Koch, City Manager ����f THROUGH: Wayne Ogle, Public Works Directors ,4j FROM: Robert J. Frates, Parks Recreation Directo DATE: June 11, 2009 SUBJECT: Amendment to Budget NDUM Due to a shortage of funds for the Parks Beautification salary accounts, I am recommending an amendment to the FY09 budget. An amendment of $13,000 will ensure sufficient funds to cover the remainder of the fiscal year. The reason for a shortage is due to overtime related to 2008 dip net fishery and early staffing to accommodate our early May workload. This was to accommodate our north beach fence project coupled with getting a start on pre- season (May) activities. Amendment to budget will not have a negative impact on our operation. A total of $6,000 can be moved from the Park Strip Picnic Shelter Project due to a much lower quote for the slab and walls than anticipated. Additional funds are also designated in the FY10 budget to complete the roof structure of the project. Recreation Professional Services (ice maintenance) has a left-over balance of $7,000. 1992 He t iya KENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2009 -30 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION ON BEHALF OF THE CITY OF KENAI FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS, WHEREAS, the American Recovery and Reinvestment Act of 2009, Public Law 111 -5, appropriated funding for the Department of Energy (DOE) to issue /award formula based grants to states, U.S. territories, units of local government, and Indian Tribes under the Energy Efficiency and Conservation Block Grant (EECBG) Program; and, WHEREAS, one of the desired outcomes of the EECBG Program includes increased energy efficiency, reduced energy consumption, and reduced energy costs through efficiency improvements in the building, transportation and other appropriate sectors; and, WHEREAS, eligible activities for use of program funds are those activities that are likely to result in maximum energy efficiency improvements; and, WHEREAS, the Local Government Formula Allocation for the City of Kenai is $50,000; and, WHEREAS, Administration has identified a Lighting System Replacement Project at the City's Multi- Purpose Facility that meets the eligibility requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City authorizes the City Manager to submit a grant application on behalf of the City of Kenai for Energy Efficiency and Conservation Block Grants, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 171 day of June, 2009. ATTEST: Carol L. Freas, City Clerk -26- PAT PORTER, MAYOR Me ny of KENAI, ALASKA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE WATER SEWER FUND, WASTEWATER TREATMENT PLANT DEPARTMENT FOR THE REPLACEMENT OF THE FACILITY'S DISINFECTION CONTROL SYSTEM. WHEREAS, the wastewater treatment plant's disinfection control system is obsolete and is no longer maintainable; and, WHEREAS, the system is beginning to show signs of distress and failure would cause an emergency at the facility due to the inability to repair the existing unit resulting in a violation of the City's NPPES permit; and, WHEREAS, sufficient funds have been identified in the current year budget to accomplish the purchase. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: Water Sewer Fund Wastewater Treatment Plant Department Repair Maintenance General Contingency To: Water Sewer Fund- Wastewater Treatment Plant Department Machinery Equipment PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2009. ATTEST: Carol L. Freas, City Clerk ,r1 Approved by Finance: '7 CITY OF KENAI RESOLUTION NO. 2009 -31 PAT PORTER, MAYOR New Text Underlined• [DELETED TEXT BRACKETED) -27- Suggested by: Administration 3,995 10,000 $13,995 thca f KENA� ASKA Rick, "Village with a Past, a with a Facture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMORANDUM TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Work Directo DATE: 11 June 2009 SUBJECT: WASTEWATER TREATMENT PLANT; REPLACEMENT OF DISINFECTION CONTROL SYSTEM FOR HYPERCHLORIDE BISULFIDE Jerry Potter, the Wastewater Treatment Plant Foreman, reports that the Controller for the plant disinfection system is showing early indications of failure. The manufacturer states the equipment is discontinued. To our knowledge there are no other manufacturers of this controller. A repair of our current controller would cost as much as a new updated unit with no guarantee that it can be fixed. Jerry recommends we replace this controller as a preventative measure. A new disinfection control system (Strantrol DOCS 960 Controller Base Unit) will cost $13,995 which includes freight, start-up and training. We have adequate funds in the Wastewater Treatment Plant budget to cover the cost of a new controller. I recommend we replace this critical piece of equipment. 1992 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 3, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us l.. Pledge of Allegiance 2, Roll Call 3. Agenda Approval 4, Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders, ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 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 Peunitted (N) to Conditional Use (0) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors and Massage Therapists are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District and Limited Commercial Zone (TSH). (Clerk's Note: A motion was made to enact Ordinance No. 2403 -2009, Substitute B and then action was postponed, no time certain, at the May 20, 2009 council meeting. The motion to enact Ordinance No. 2403 -2009, Substitute B is active.) 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 (0) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (0) to Not -29- 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. (Clerk's Note: At the May 20, 2009 meeting, a motion to adopt Substitute Ordinance No. 2410 -2009 was made and then action was postponed to June 3, 2009. The motion to adopt Substitute Ordinance No. 2410 -2009 is active.) 3. 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. 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 Fixing the Rate of Levy of Property Tax for the Fiscal Year Commending July 1, 2009 and Ending June 30, 2010. (Clerk's Not 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. ITEM E: MINUTES 1. *Regular Meeting of May 20, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills -30- 2. Approval of Purchase Orders Exceeding $15,000 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. 4. *Ordinance No. 2416 -2009 Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070. 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. 6. Discussion Referendum Petition /Setting for Election ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 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 g. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) -31- 2. Council ITEM L: PENDING LEGISLATION (This item lists legislation which will he addressed at a later date as noted.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2365 -2008 Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From $400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365 -2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget 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. The motion to adopt is active.) Ordinance No. 2396 -2009 Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." (Clerk's Note: Ordinance No. 2396 -2009 was substituted and postponed, no time certain, at the May 20, 2009 council meeting. The motion to adopt is active.) Ordinance No. 2398 -2009 Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Projects 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 ITEM M: ADJOURNMENT -32- ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETIN JUNE 3, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES 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 took roll. Present were: k Joe Moore (telephonic) 7 Barry Eldridge j Rick Ross, Vice Mayo Robert Molloy Hal Smalley Mike Boyle Pat Porter, Mayor A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: ADD TO: ADD AS: REMOVE: Evaluations of City Attorney and City Clerk (to be held another date). MOTION: 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. Item D -4a Substitute Ordinance No. 2413 -2009 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.) -33- KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 2 Council Member Smalley MOVED for approval of the agenda with the requested changes and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Mark Schrag, 312 Princess, Kenai Commented on the Kenai Peninsula Borough Planning Commission action on the Walker Lane buffer and suggested the matter could have been handled better through collaboration. ITEM C: None. ITEM D: D -1. UNSCHEDULED PUBLIC COMMENTS (3 minutes) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2403 -2009 (Substitute B) Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories /Boarding Houses and Greenhouses /Tree Nurseries 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). (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.) The floor was opened for public hearing for comments related to either substitutes of the ordinance. -34- I Moore Yes Eldridge Yes Ross Yes j Molloy Yes Boyle No Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 3 Charles Winegarden, 309 Princess Lane, Kenai Noted the ordinance would allow an auto repair in the zone, if the referendum would be voted doom, it would allow an inappropriate business in the neighborhood and added, council should take a look at the area and look at the Comprehensive Plan It was noted, the current zoning would allow the business with a conditional use permit and whether the referendum would pass or not, the business would s611 be allowable with a conditional use permit. With no others wishing to speak, the public hearing was closed. MOTION TO AMEND: Council Member Eldridge MOVED to amend Ordinance No. 2403 -2009 Substitute B with Ordinance No. 2403 -2009, Substitute C. Council Member Molloy SECONDED the motion. Council comments included: Substitute C was a compilation of his Substitute B and comments of administration. Both Substitutes were reviewed by the Planning Zoning Commission and Substitute C was passed and forwarded to council To allow more flexibility in the zone, a suggestion for an amendment to remove the second whereas and reference to auto repair in the table, with another Commission review. Review of the City Attorney memorandum that included suggestions with regard to a conditional use permit related to auto repair. Suggestion a definition be given with regard to massage therapist inclusion in the ordinance and reference to tattoo parlors in the Historic District Zone. The concept of one -size- fits -all would not work with the Limited Commercial Zone; all neighborhoods are not the same; and, the code would need to reflect the changes that would be different between neighborhoods. VOTE ON .AMENDMENT: Student Representative Johnson: Yes MOTION PASSED. D-la. Ordinance No. 2403 -2009 (Substitute C) Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal -35- Moore No Eldridge No Ross Yes Molloy Yes Boyle Yes Porter No Smalley Yes KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 4 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). Council and administration comments included: Remove only the second whereas and reference to auto repair as a conditional use. Divide the question with regard to conditional uses in the Limited Commercial and Townsite Historic Zones. Consider postponement of action on the ordinance and send it back to the Planning Zoning Commission with comments, along with the City Attorney memorandum. MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2403 -2009 (Substitute C) and send it back to the Planning Zoning Commission and then come back to council after the Commission's review. Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: Student Representative Johnson.: Yes MOTION PASSED. A verbatim of the councils discussion was requested for the Planning Zoning Commission to review. D -2. Substitute Ordinance No. 2410 -2009 Adopting the Annual Budget for the Fiscal Year Commencing July I 2009 and Ending June 30, 2010. -36- Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 5 (Clerk's Note: At the May 20, 2009 meeting, a motion to adopt Substitute Ordinance No. 2410 -2009 was made and then action was postponed to June 3, 2009. The motion to adopt Substitute Ordinance No. 2410 -2009 is active.) The floor was opened to public hearing. Bob Peters, Old Town, Kenai Spoke in support of the ordinance with the inclusion of $2,500 for time management software for the library. There being no one else wishing to speak, the public hearing was closed. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Boyle MOVED to enact Ordinance No. 2412 -2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council and Administration comments included: Suggestion not to move forward on the ordinance and review the situation in a more comprehensive manner. Review of the memorandum included with the ordinance. Suggestion a work session on the issue, noting there was already a ten mile per hour speed limit on the beach when people are around. Additional public input on the issue would be desired. Safety was the issue and delaying action was not desirable. The ordinance was needed to change the current structure. As owner of the property, the city could put up signs, but the ordinance was necessary to support the sign directive. -37- Moore Yes Eldridge I Yes Ross Yes Molloy No Boyle No Porter No Smalley Yes KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 6 Concern set netters would not be able to drive off the beach with a heavy load at ten miles per hour. MOTION TO POSTPONE: Council Member Eldridge MOVED to postpone Ordinance No. 2412 -2009, no time certain, until after a work session is held on the issue. Council Member Smalley SECONDED the motion. VOTE ON POSTPONEMENT: Student Representative Johnson: Yes MOTION PASSED. Further comments included: Administration was directed to research the items discussed and then a work session would be scheduled. Discussion should not take place with regard to issues included in Administration's memorandum as no public notice had been given for the discussion. Concrete fire pits would be placed on the beach. D -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 Peiaianent Fund. D -4a. Substitute Ordinance No. 2413 -2009 (added to the agenda at the beginning of the meeting) Increasing Estimated. Revenues and Appropriations by S283,044.08 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. MOTION: Council Member Eldridge MOVED Ordinance No. 2413 -2009 (the substitute) and Council Member Smalley SECONDED the motion. -38- Moore s No Eldrid :e No Ross No Molloy I No Bo le I No Porter No Smalley I No I Moore Yes Eldridge 1 Yes Ross I Yes Molloy Yes Boyle I Yes Porter Yes Smalley Yes I KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 7 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments, VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D-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). MOTION: Council Member Molloy MOVED to enact Ordinance No. 2414 -2009 and council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: Student Representative Johnson: No MOTION FAILED UNANIMOUSLY. D -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. (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.) -39- KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 8 MOTION: Council Member Smalley MOVED to adopt Resolution No. 2009 -23 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2009 -24 Authorizing Sharing Cost Savings From the Calendar Year 2008 Health Insurance Plan with Employees. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -24 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:16 P.M. ITEM E: MINUTES E-1. *Regular Meeting of May 20, 2009 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. -40- KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 9 VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED for approval of the purchase orders exceeding 515,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. 50 ORDERED. 0 -3. Ordinance No. 2415 -2009 Amending the Regulation of Smoking in KMC 12.40 by Including Definitions for `Businesses" and "Health Care Facilities," by Pei .fitting 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. Introduced by the approval of the consent agenda. G -4. Ordinance No. 2416 -2009 Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070, Introduced by the approval of the consent agenda. G -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. Introduced by the approval of the consent agenda. G -6. Discussion Referendum Petition /Setting for Election Clerk Freas reviewed the infonnnation included in the packet, noting the following: -41- Moore Yes Eldridge Yes Ross Yes Mollo Yes Bo le Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 10 The referendum petition related to City of Kenai Ordinance No.2 393- 2009 was found to be legal and sufficient. Kenai Charter Section 11-3 directed that if a referendum petition was found to be legal and sufficient, the ballot title and propositions for the ordinance should be placed on the ballot for the next regular or special City election. The council, could call a special election. The decision was rendered on May 27, 2009; a special election could not be held until after July 27, 2009; and, the next regular City of Kenai election would be held on Tuesday, October 6, 2009. Freas questioned whether council wished to call a special election or include the referendum on the October 6, 2009 regular election ballot MOTION: Council Member Molloy MOVED to include the referendum question on the regular October 6, 2009 election ballot. Council Member Eldridge SECONDED the motion. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. ITEM 11: 11-1. Council on Aging Council Member Ross reported the net meeting would be held June 11, 2009. H -2. Airport Commission Council Member Eldridge noted the May 14, 2009 meeting summary was included in the packet and reported on the Air Fair held May 30. H -3. meeti g COMMISSION /COMMITTEE REPORTS Harbor Commission Council Member Smalley reported the next as scheduled for Monday, June 8, 2009. H -4. Library Commission Council Member Boyle reported on the mee held June 2, 2009. -42- g KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 11 H -5. Parks Recreation Commission Council Member Moore reported the next meeting would be held July 2, 2009. H -6. Planning Zoning Commission Council member Molloy reported the minutes of the May 27, 2009 meeting were included in the packet and reviewed actions taken. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported the National Association of Counties would meet in July and Assembly Member Sprague would be attending. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge reported the May 21, 2009 meeting summary was included in the packet and the next meeting was scheduled to be held on June 18, 2009. H -7e. Kenai Convention Visitors Bureau Council Member Smalley reported the next meeting was scheduled to be held June 22, 2009. H -7f. Salmon Task Force Council Member Moore reported the Task Force would not be meeting again and the item could be removed from the agenda. H -7g. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley gave a brief report of actions taken at the June 2, 2009 Assembly meeting, including process of approving the Borough budget. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following items: She participated in Beautification's planting day and the barbecue provided at the Fire Department. She assisted in the cleaning up of the area around the Sprucewood Apartments. Because giving testimony at a council meeting can be intimidating, suggested thought be given to another arrangement for the council chambers. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch noted the following: -43- KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 12 An airport lease application and memo was included in the packet as an information item and unless directed differently, he intended to approve the lease. Council stated no objections. Update on the proposed water /sewer line extension project along Bridge Access Road with regard to EDA assisting with related costs for relocation of utilities a meeting with the public to discuss the project was planned. Update on the Wal -Mart intersection construction along Kenai Spur Highway. Would provide a report related to use of credit cards at the city in the near future. A leak protection consultant would be doing a study in July and at that time would be checking the Lawton Drive area by the high school. J -2. Attorney Attorney Graves reported the following: A proposed resolution related to use of wind turbines would be provided to the Planning Zoning Commission for its review and determination of whether to hold a work session or schedule it for public hearing. Thanked City Planner Kebschull for her input with regard to the suggested amendments to the Land Use Table with regard to Anthony's Transmission. Reported he would be on personal leave for the next two weeks. Was preparing a resolution to submit to council to encourage the Legislature to consider a statewide smoking ordinance. J -3. City Clerk No report. ITEM K: DISCUSSION K -1. Citizens (five minutes) Bob Peters, Old Town, Kenai Commented on the Friends of the Library Book Sale to take place June 26 and 27, 2009 K -2. Council -44- Moore Thanked the council, Planning Zoning Commission and staff related to work involved with developing the Limited Commercial Zone ordinance and felt it was important to move on as it would be impossible to develop the perfect ordinance. Smalley Noted the following: He complimented the appearance of the circle planters. He referred to comments made by Congressman Young related to a large transportation bill expected next year instead of a stimulus package. Eldridge Thanked administration for providing a picnic table at the bluff. KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 13 Johnson Reported she toured the court house building, was sworn in as a youth court attorney, and suggested an electronic interactive board be placed in the chambers. Ross Thanked the city for continuing the use of Spruce Street for the Soap Box Derby event. Molloy Noted the following: Council Member Ross would be attending the June 10, 2009 Planning Zoning Commission for him He thanked Kebschull for her assistance with the Limited Commercial Zone ordinance preparation. Complimented airport administration for the success of the Air Fair. Boyle No comments. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR I) to Limited Commercial (LC). Ordinance No. 2365 -2008 Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000 Per Month and Council Members' Salaries From 5400 to $500 Per Month. (Clerk's Note: Ordinance No. 2365 -2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI 0 budget process.) Ordinance No. 2347 -2008 Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet Development-Preparation-Distribution-Publication-Late Materials. (Clerk's Note: Ordinance No. 2347 -2008, Substitute 13 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 51,820,000 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.) -45- Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes i Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 14 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 S250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. (Clerk's Note: Ordinance No.2 398 -2009 was postponed, n.o time certain, at the May 6, 2009 council meeting.) EXECUTIVE SESSION Annual Evaluations of City Clerk and City Attorney; Litigation; and, Attorney Recruitment MOTION: Council Member Ross MOVED to convene in an executive session of the council of the City of Kenai concerning the following matters: Litigation, consultation with the attorney and attorney recruitment, a discussion that could prejudice the reputation and character of another. Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. It was noted, Council Member Moore would participate in the discussion. Additionally, Attorney Graves and City Manager Koch were requested to attend the executive session CONVENED TO EXECUTIVE SESSION: 8:54 P.M. BACK TO ORDER: 10:00 P.M. Council Member Ross reported the council met in executive session. Results of the executive session were the Council gave direction to the City Attorney and the City Manager with regard to the litigation issue. In addition, Council gave instructions to the City Attorney in reference to the recruitment of the city attorney. ITEM M: ADJOURNMENT -46- KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 15 There being no further business before the Council, the meeting adjourned at approximately 10:01 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shalt be recorded in the minutes. A student representative may not move or second items during a council meeting. -47- J_ z O 0 0 W W z S 0 I 0 0 0 0 o.. o u, O w0 z r O W N -J z J 2 z a 0 -48- 0 0 5 0 F z 0 0 O Z W w U W U tx w Q 0 z 0 N w W 0 O N U a. a 0 z F co LL W Q 0 W 0 6 z z W Z -49- m 0 OZI h 0 0 z w w 2 o_ a 0 a a W U W U 0 cc cc a o o 0 0 o yr o to o to U U W CC CITY OF KENAI ORDINANCE NO. 2418 -2009 Suggested by Planning and Zoning AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING A PORTION OF LOT 1E KILLEN ESTATES COLLIER REPLAT FROM SUBURBAN RESIDENTIAL TO RURAL RESIDENTIAL. WHEREAS, the owner of this property replatted this property and as result of that plat a split -zone was created; and, WHEREAS, the property is currently zoned Rural Residential and Suburban Residential; and, WHEREAS, the Planning and Zoning Administration recommended and the Commission concurred a rezone should be initiated to eliminate the split -zone situation; and, WHEREAS, the owner of this property has initiated the request to rezone the property; and, WHEREAS, the request is to rezone the property to Rural Residential; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan identifies the area as Neighborhood Residential; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan defines Neighborhood Residential as, "consists of single- family and multi family residential areas that are urban or suburban in character. Typically, public water and sewer services are in place or planned for installation.... and, WHEREAS, the request to rezone the parcel to Rural Residential appears to meet the intent of the Comprehensive Plan; and, WHEREAS, the rezone will eliminate a split -zone situation; and, WHEREAS, the Planning and Zoning Commission held a public hearing on June 10, 2009 and voted unanimously to recommend the property be rezoned; and, WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Rural Residential Zone (RR). New Text Underlined [DELETED TEXT BRACKETEDI -51- Ordinance No, 2418 -2009 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI., ALASKA, that the official Kenai Zoning Map is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. ATTEST: Carol L. Freas, City Clerk -52- PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED} Introduced: June 17, 2009 Adopted: July 1, 2009 Effective: August 1, 2009 F n$ CC 0 0) 0 r0 t 0 0 N a) a) a 2 0 '1,r .rt ■T IL 0) N c. 0 a> E E 0 E tn c 11-■. 1 -t• N t4t k„, gr, rr‘ r rA c 0) CC D 0 ct 0 Mc city Ey' KIENAL Al II A RESOLUTION OF THE PLANNING AND ZONING COMMISSION? OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Don Collier ADDRESS: 1703 Redoubt Avenue. Kenai. AK 99611 LEGAL: Lot 1E. Killen Estates Collier Replat PARCEL 04321027 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Suburban Residential Rural Residential CITY OF KENAI PLANNING MW ZONING COMMISSION RESOLUTION NO, PZ09-29 REZONE PERMIT The present land use plan designation is Residential 3. The proposed zoning district is Neighborhood Residential 4. An appropriate public hearing as required was conducted June 10, 2009 5. That the following additional facts have been found to exist: a. That the proposed rezone will eliminate a split-zone situation created by the plat. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of Lot IE Killen Estates Collier Replat is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 10, 2009. -54- ATTEST: 3.£ K L00'9 o m a P� =a R 8 mi o m Loo R 3,31.05] a e 6 E F W n o 21'411 3 „GZ,a co ,CLOD [00911 3,L40 8 8 4 09 t L.00 'svi wsiv1 'a� n, Sts B*Xi3 1, (,oc'o9a 371.ws) >w&3 3 ,91.00s 2 o M043 09 d99-c43 P91wygay 00'09t sl.003 91089 3.1191.09 (0049 ti ,60991 -55- June 1, 2009 City of: City of Kenai 210 FideIgo Avenue Kenai, AK 99611 -7794 Advisory Planning Commission: N/A Survey Firm: PLANNING DEPARTMENT :4 T 144 North 8Inl.ley Street a Sokiotrk::, Alaska 99669-7520 PHONE: (907) 714-2200 e FAX: (907) 714-2376 Tot 9free within the Borough: 1-800-478-4441, 664. 2200 ww? =��_barouuh.ke MEETING OF MAY 26, 2009 Integrity Surveys 8195 Kenai Spur Highway Kenai, AK 99611 -8902 -58- NOTICE OF DECISION KENAI PENINSULA BOROUGK^ PLANNING COMMISSION DAVE) R. CA�RE A BOROUGH MAYOR RE: Removal of the Restriction of Note 3 from Sprucewood Glen Sub. 2009 Replat Spur Sub. Number One; KPB File 2009 -060; KPBPC Resolution No. 2009 -13; Location: City of Kenai During their regularly scheduled meeting of May 26, 2009, the Planning Commission denied the Plat Note Removal request based on the following findings of fact. A motion to approve Resolution 2009 -13 failed by majority consent thereby denying the Plat Note Removal request. (Bryson, Yes; Carluccio, No; Collins, Absent; Foster, No; Gross, No; /sham, No; Johnson, No; Lockwood, Absent; Merlin, Absent; McClure, No; Murphy, No; Petersen, No; Teuriainen, No) Findings: 3. Plat Note 3 on Spur Subdivision Number One (KN 78 -106) states: Lot 1 as shown hereon is reserved for a buffer strip to screen this subdivision from the residential area east of First Avenue and is not intended for development. 6. Plat Note 3 on KN 78 -106 is of public record. 10. One condition of approval required that the northern 30 foot of the Lawton Drive dedication be reserved as a natural vegetated buffer and be on the plat with a label and dotted line 11. During the February 11, 2008 Plat Committee meeting, an adjacent owner submitted a petition signed by 82 Walker Lane and Central Heights residents and 16 other residents that urged preservation of the buffer strip to protect the neighborhood from commercial development. 17. Residential land owners to east have relied upon the buffer zone restriction. 18. There are 12 developed residential properties to the east that lie directly across Walker Lane from the buffer area. 19. There are numerous other residential owners that drive past the buffer area to access their homes. 20. The buffer area separates the residential district to the east from the large commercial development to the west. 22. Title Report still shows plat note of record If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. Notice of the Planning Commission decision and draft, unapproved minutes were sent June 1, 2009: THIS DEED RESTRICTION is made this day of 2009, by the City of Kenai, 210 Fidalgo, Kenai, Alaska, 99611, (hereinafter referred to as the "grantor," which includes the plural of the word where the context requires, and shall, unless the context clearly indicates otherwise, include the Grantor's heirs, administrators, legal representatives, devisees, successors and assigns) and hereby imposes the following deed restrictions on the property specified herein: The south thirty feet (30') of Lot A, and Lot B, Sprucevloc?d Glen Subdivision 2009 Replat. as follows: Natural vegetative buffer area. That within the property described above, the `k flowing Removal of vegetation is prohibited, t.xcept for removal of deae�, diseased or invasive species, except as allowed in the easement granted,on a portion o£t?e "property to Homer Electric Association and recorded at 2007- 012?66 -0 K nai Recording District, Kenai, Alaska The Grantor acknowledges and agrees thatthrs deedaiiestrictionshhall run with the land and shall be binding upon the Gtahtor4#tenants and any suhsequeni`owners and tenants, their successor, heirs or assigns rig ldaee of bait, specific parcels shall be subject to this restriction. IN WITNESS WHEREOf I herebV._set my hand day of 2009. STATE OF ALAS THIRD JUDICIAL DIS' jss Deed Restrictio RAN`,()R: BY: Rick Koch, City Manager THIS IS TO CERTIPY'tliat on this day of 2009, RICK R. KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: -59- EXHIBIT,_ Page 2 Of -60- fliea of KENAI, ALASKA MEMO: TO: City Council A, 1! FROM: Rick Koch "Village with a Past, Ct with an/dare" '1 11 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 -283 -3014 DATE: June 11, 2009 SUBJECT: Sprucewood Glen No. 2 Subdivision (Proposed) The purpose of this con espondence is to provide a status report and inform Council as to administration's future action regarding this proposed re -plat. Some background information to inform /refresh everyone's me 1. City Council directed Administration to undertake a re -plat of this property to create two lots and dedicate a ROW, from what had been a single lot and utility /access easement in a previous (1984) replat. 2. The Council direction included that Lot B (the southern lot) in its entirety, and the northern 30' of the ROW dedication (Lawton Drive) be identified as a "buffer strip 3. The replat was submitted to KPB and a public h.eariug was scheduled for February 11, 2009. 4. The City received KPB staff comments dated. January 23, 2008 on the day of the public hearing. The comments contained inaccuracies and unsupported requirements. The City requested removal of the proposed replat from the February 1 I `h agenda so the City could respond to KPB staff comments in writing. 5. City submitted comments and requested clarification to KPB staff comments on April 3, 2008. 6. October 21, 2008, Mary Toll, KPB Platting Officer, was contacted by Marilyn Kebschull asking if the KPB was going to respond to Koch letter of April 3, 2008. Ms. Toll said she had forwarded Koch letter to legal and had not received any response to date. ones: 7. January 7, 2009, Koch sent letter to Mayor Carey requesting assistance in directing KPB staff to respond to Koch April 3, 2008 letter. Koch received phone call from Mayor Carey telling him KPB staff had been directed to respond to Koch April 3, 2008 letter. 8. March 13, 2009, Koch sent letter to Mayor Carey informing him he had not received any correspondence from KPB staff and again ask for his assistance. 9. March 14, 2009, received a letter from Max Best, KPB Planning Director dated March 12, 2009. Best letter did not address all issues in Koch April 3, 2008 letter, but did state plat note from 1978 plat was "of record" (City does not dispute) and KPB's and that the plat note could be removed by KPB planning commission by resolution (City does dispute, City position is that plat note was removed as a function of 1984 replat). Best letter states KPB is prepared to petition for removal of plat note. Best letter also states if a plat note such as this was submitted for inclusion on a plat today, the borough would not allow the subdivider to place such a note on the plat. Such notes are more appropriately the subject of deed restrictions or zoning. The borough does not and will not enforce plat notes that are for the benefit of the subdivider and /or adjacent properties as the issues addressed in those notes are more in the nature of private covenants between the subdivider and the beneficiaries of the restriction." 10. April 9, 2009 Koch letter to Best. Koch informs Best that City disagrees with KPB position and believes plat note was removed. in 1984 but requests KPB petition.. for removal of plat note. 11. March 26, 2009, Planning Commission meeting, KPB staff recommends commission support adoption of KPBPC resolution removing plat note. Motion failed 8 -1. 12. June 3, 2009. City receives Notice of Decision from KPB Planning Commission. As a result of the KPB Planning Commission's action (exhibit A), the unresolved legal issue if the plat note creating a "buffer" on the 1978 subdivision plat carried forward even though a 1984 re -plat did not contain a "buffer" note, and that this legal issue does not need to be resolved at this time, the administration intends to inform the KPB that the action requesting a proposed re -plat is withdrawn. The 1984 subdivision plat will remain the most recent plat of record. Administration also intends to comply with Council's direction to provide a natura vegetative buffer area on the majority of the property in this subdivision. The administration will record a Deed Restriction (exhibit B) that will apply to that portion of Lot I -A lying south of the 50' utility easement crossing Lot 1 -A, and 30' lying north of the 50' utility easement crossing Lot 1 -A. The area is shown in crosshatch on the 1984 re -plat (exhibit C). Administration will have our surveyor prepare a metes and bounds description of the above described natural vegetative buffer for inclusion in the Deed Restriction. -57- bO a) t4z1 .9 cn H u T 0 U -61- r-a CID coo O O -62- c T O t N 0 U 0 H o ct 0 1 -63- z W H -64- 0 0 0 o r--r� 0 CID 0 0 0 ta) ct Cn e 0 U O ct H cip cri ct 0 0 0 0 U 0 N 0 cid U c) 0 t -65- Q z U E c 2.0 R 0 r o 0 P U czi ce ce 0 z U 0 U c� J O c ct 4" O 0 ^n O N O O OO (1.) 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O O 0 O 0 0 0 0 0 O O 0 O 0 0 O 0 O 0 0 O o O O O O 0 1n 0 10 0 I4 0 ua 0 €0 ¢t 'Cr M Co) N N r r ysu jO JagwnN -73- O e O h O C CS LC) O ;sen.ieH 13fl le ;al ;o ;uaoiad -74- 0 0 O O O O M N q O 0 0 0 0 tV 0 ao r 0 0 0 0 0 0 -75- r r Q Ili o cn fl 0 0 v.) twn 0 0 a 0 0 r- o< cs a rn 0' r4 Q+ 0 0o 00 r- oc x1 co x 00 r`t 00 Ess Ems. o o 0 0 0 0 o 0 0 0 o 0 0 0 0 tis!A jo JeqwnN -76- 0 0 0 0 0 ci co 0 0 0 0 o o o co o 0 N- co u) mt el N 1- o e o o o 0 0 0 0 O o 0 o o o o o 0 r� o LLD o o 0 o o 0 o 0 0 o' o: 0 o o o e) f_ f -77- 0 0 0 o: a w r 0 -78- cip 0 ri) Cao rf] t ct 5 5 ct ut O t c N 1,1 at O L2 U U O U 0 U 0 ct 2 N Lip -LI U ttO O -79- OC ro 0 L 1— L 0 0 -80- C 0 0 CU CO in t if C i LL E E 0 U maimq 0" CA r—d 0 CC's -81- 0 -82- E 0 -83- L/) .7) c.„) N ct 0 cr -84- C/] 0 Ct 0 "0 1' 0 O 0 O v 0 a bp tie c U 0 c 0 0 cC 0 0 0 0 Can 0 bO 0 czt -85- 0 0 0 4-•. 0 O 3 E czt c� ct 0 0 Ct 0 FIL 0 E O t c ct ct 0 p ciD 3 Z ct U U 0 Ct 0 ct N i —0 0 rt N ct t 3 0 VD 0 0 0 0 Ct L E t -0 U Zi En C, o P c U o 0 t up O o 0 t 0 c U y Q 0 0 U O C 0 o p 0 U j o 7:1 d H o 0 tic up o Q U o TA C/D U cil c3 a.) c 3 ict w 1 0 -86- ••--4 Ct U 0 0 U 1 0 U 0 v 0 ct Ct Ct Ct czi Chapter XX.00 NATURAL RESOURCE COMMISSION XX.00.rx Natural resource commission. XX.OA.xx Commission composition. XX.00.xx Commission appointment and term. XX.00.xx Purpose. XX.OD.xx Goals. XX.OE.xx Funding. XX.00.xx Natural resource commission. There is established the City of Kenai Natural Resource Commission. The commission is subject to the provisions of --M unless otherwise provided in this chapter. XX.OA.xx Commission composition. The commission is composed of seven (7) members. To the extent practicable, members will be chosen based on their technical background in environmental science, resource management, business experience in matters related to the commission's purpose, or interest in environmentally sound management of the city's watershed resources and the fish and wildlife on which they depend. XX.OB.xx Commission appointment and term. The members of the commission will be appointed by the Mayor and confirmed by the council. Commission member shall serve a three -year (3) term. The city council may, by motion, adopt a policy for how commission member's tenns will be staggered to avoid simultaneous turnover of commission members. XX.00.xx Purpose. The purposes of the natural resource commission are to: A. Advise the city council and manager on clean surface water with respect to aquatic life and habitat and related public education and community involvement. B. Facilitate monitoring of the surface water quality projects in the city and in areas surrounding the city that might impact water quality within the city. C. Submit an annual "State of the Streams: Aquatic Education and Aquatic Life and Habitat" report to the city regarding aquatic ecological improvements and degradation and educational programs occurring within the city over the previous year within the context of the commission's goals as stated in this chapter. DRAFT CoK Aqua Commission 5_6_09ver.doc Page 1 of2 -87- D. Assist by being a liaison between the municipality, the Alaska Department of Fish and Game, and other participating agencies concerning wildlife and habitat protection, improvement and enhancements within city boundaries. E. Coordinate the efforts of' municipal, public interest groups, state and federal agencies and the school district personnel involved with watershed issues and aquatic life and habitat. F. Encourage and monitor the efforts of the school district to educate each Kenai student about ecosystem. management. XX.OD.xx Goals. The goals of the Natural Resource CAAomnussion shall be to ensure that: A. Every waterway in the municipality is a valuable public resource and its natural integrity is protected and is pollution free, and continually monitored and policed when pollution occurs; B, Every Kenai resident is educated or has information about stream ecology, water quality and fish biology and stewardship responsibilities of all city residents; and C. Recommend, on an as- needed basis, special studies on watershed, creek, and natural resource matters affecting the city. XX.OE.xx Funding. Funding for the aquatic resource commission shall be through city appropriation and grants and donations directed toward one or more of the commission's purposes as delineated in this chapter. DRAFT CoK Aqua Commission 5609ver.doc Page 2 of 2 -88- AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY May 14, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Fuel Flowage Fee ITEM 6: NEW BUSINESS ITEM 7: REPORT KENAI AIRPORT COMMISSION JUNE 11, 2009 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for May 20 and June 3, 2009. b. Float Plane Basin Activity Report c. Landing Fee Schedule Memorandum d.. Proposed Minimum Standard. Requirements e. Ordinance No. 2413 -2009 with Memorandum from Finance Director ITEM 11: ADJOURNMENT -89- ITEM I: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. The roll was confirmed as follows: Commissioners present: Commissioner absent: Staff /Council Liaison Present: ITEM 2: MOTION: ITEM 3: MOTION: ITEM 4: ITEM 5: 5 -a. KENAI AIRPORT COMMISSION JUNE I1, 2009 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING AGENDA APPROVAL MEETING SUMMARY J. Zirul, J. Bielefeld, H. Knackstedt, L Porter, E. Mayer and G. Feeken D. Harralson Airport Manager M. Bondurant, Council Member B. Eldridge Commissioner Mayer MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY May 14, 2009 Commissioner Mayer MOVED for approval of the May 14, 2009 meeting summary and Commissioner Feeken SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None. OLD BUSINESS Discussion Fuel Flowage Fee Rick Koch, City Manager Provided a summary of the discussion held at the council's work session related to the fuel flowage fee and noted, council was expecting a proposal from Administration to eliminate the fee on bulk fuel as it singles out a commodity. Commissioner comments included: Bulk fuel haulers are a recipient of services at the airport, including the ARFF and snow removal. No higher taxes, but more customers to the airport. -90- Zirul Yes Bielefeld No Knackstedt Yes Porter Yes Ma er Abstain Haralson I Absent Feeken Yes MOTION: Commissioner Porter MOVED to leave the two cent fuel flowage fee across the board and Commissioner Zirul SECONDED the motion. VOTE: MOTION PASSED. ITEM 6: ITEM 7: REPORT NEW BUSINESS None. 7 -a. Commission Chair Chair Knackstedt suggested the airport consider using a wind turbine at the terminal and Operations buildings, 7 -b. Airport Manager Airport Manager Bondurant reported the following: An update of the 2009 Kenai Peninsula Air Fair, thanking Commissioners Zirul and Porter for their assistance, suggested the Commission discuss establishing an Air Fair committee to acquire additional help in planning, setting up, and accomplishing the event. Provided an updated draft of the minimum standards and noted, the issue would be included on the July meeting agenda. 7 -e. City Council Liaison Council Member Eldridge reviewed the council meeting action agendas, noting the city budget ordinance had been passed. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS Bielefeld Gave a brief report related to the breakfasts sold at the Soldotna Airport. Questioned the TSA Security Directive affecting general aviation. Bondurant reported she had received no contact but would follow up on the issue. Zirul Stated he missed the Air Fair Last year, but enjoyed participating a lot. Mayer Attended the Air Fair and thanked the Airport staff for the work and support of the event. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None. -91- AIRPORT COMMISSION MEETING JUNE 11, 2009 PAGE 2 ITEM 10: INFORMATION ITEMS 10 -a. Kenai City Council Meeting Action Agendas for May 20 and June 3, 2009. 10 -b. Float Plane Basin Activity Report 10 -c. Landing Fee Schedule Memorandum 10 -d. Proposed Minimum Standard Requirements 10 -e. Ordinance No. 2413 -2009 with Memorandum from Finance Director ITEM 11: ADJOURNMENT MOTION: Commissioner Porter MOVED to adjourn and Commissioner Mayer SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:00 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk _92_ AIRPORT COMMISSION MEETING JUNE 11, 2009 PAGE 3 ITEM 7: REPORTS KENAI HARBOR COMMISSION MEETING JUNE 8, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER 8s ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a. April. 6, 2009 b. May 11, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a.. Discussion North American Mission Board b. Discussion Kenai Boat Harbor c. Discussion Concrete Ramp Replacement ITEM 6: NEW BUSINESS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTS /QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of May 6 and 20, 2009. b. City of Kenai Dock Rate May 20, 2009 ITEM 11: ADJOURNMENT -93- MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: ITEM 3: 3 -a. April 6, 2009 3 -b. May 11, 2009 MOTION: ITEM 4: ITEM 5: 5 -a. KENAI HARBOR COMMISSION MEETING JUNE 8, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING AGENDA APPROVAL P. Morin, A. Poynor, R. Peters, B. Osborn, G. Foster, T. Thompson W. Niederhauser Parks Recreation Director B. Frates, Public Works Director W. Ogle, Council Member M. Boyle Commissioner Osborn MOVED to approve the agenda as presented and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY Commissioner Peters MOVED to approve the meeting summaries of April 6 and May 11, 2009. Commissioner Poynor SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion North American Mission Board Parks Recreation Director Frates reviewed Brenda Crim's presentation from the North American Mission Board, noting Crim had been invited to give the same presentation to the City Council on June 17, 2009 and the City would accommodate the group's request made for parking in the North Beach Parking Lot. -94- 5 -b. Discussion Kenai Boat Harbor Frates provided the Commission with a feasibility study from the 1980's and a general discussion occurred. MOTION: Commissioner Poynor MOVED to request Administration respond to Mr. Pollard regarding the development of a harbor, noting the Commission deemed this not economically feasible at this time. Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED, 5 -c. Discussion Concrete Ramp Replacement Frates reported, pending Council approval, work would begin on the concrete ramp replacement by mid August, noting permits were in place and 30 ramps would be replaced. ITEM 6: NEW BUSINESS None ITEM 7: REPORTS 7 -a. Director Frates reported on the dedication of the bird viewing platform, fuel tanks would be replenished at a cost of $17,500; and general status of the dock facility including the state's "Kids Don't Float" program 7 -b. City Council Liaison Council Member Boyle gave an update on the Bluff Erosion Project. ITEM 8: COMMISSIONER COMMENTS /QUESTIONS Morin requested contact be made with newspapers regarding the dip net fishery and inquired about KRSMA as related to the drift boat pull -out. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of May 6 and 20, 2009, 10 -b. City of Kenai Dock Rate May 20, 2009 ITEM 11: ADJOURNMENT MOTION: Commissioner Foster MOVED to adjourn and Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED. -95- HARBOR COM SSION MEETING JUNE 8, 2009 PAGE 2 There being no further business before the Commission, the meeting was adjourned at approximately 7:40 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -96- HARBOR COMMISSION MEETING JUNE 8, 2009 PAGE 3 the eity o f KENAI. ALASKA DATE: 0 NAME: h L`?i1l;46l) t Z, tIII6adq /.r Resident of the City of Kenai? Residence Address Z 0 7 WHY DO YOU WANT TO BE INVOL CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS How long? h rl L U f Signature -97- RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 Mailing Address 0 i3 2` s 63 IC rl a 1 Home Telephone No.(44211 C. .53- 46"?- C' Home Fax No. Business Telephone No Business Fax No. Email Address: May we include your contact information on our web page? ALL 0 If not all, what inform- ion may we include? EMPLOYER: NAME OF SPOUSE. ti ra Current membership in organizations. Past organizational memberships. COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 10, 2009 7:00 p.m. *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 27, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minu 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimon) limited to 3 minutes per speaker.) a. PZ09 -29 An application to rezone Lot 1E. Killen Estates Collier Replat (1703 Redoubt Avenue), from a split zone (RS Suburban. Residential and RR. Rural Residential to Rural Residential (RR). Application submitted by Don Collier, 1703 Redoubt Avenue, Kenai, Alaska b. PZ09 -30 An application for a Conditional Use Permit for outside storage and a Variance for a 6 -foot fence, for the property known as 2021 Wyatt Way, Kenai, Alaska. Application submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska. c. PZ09 -33 An application for a Variance for a 6 -foot high fence, for the property known as 2021 Wyatt Way, Kenai, Alaska. Application submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Ordinance Establishing Standards for Wind Energy Systems (Wind Turbines) Discussion Set Public Hearing. b. Code Amendment Non Conforming Uses Discussion. 8. PENDING ITEMS: a. PZ09 -03 A resolution of the Planning and Zoning Commission of the City of Kenai, -98- 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 he amended by adding the provisions to encompass the new zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration PZ09 -34 An amendment to the Land Use Table Limited Commercial Zone. An amendment to Kenai Code of Ordinances providing for regulation of communication towers in the City of Kenai 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Landscape /Site Plan City of Kenai Public Picnic Pavilion b. Landscape /Site Plan Salamatof Native Association Office Building c. Landscape /Site Plan Kenai Central High School Ski Shack Building d. Zoning Bulletin (5/1.0/09) 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -99- Commissioners present: Commissioners absent: Staff /Council Liaison present: ADD: MOTION: CITY OF KENAI PLANNING ZONING COMMISSION JUNE 10, 2009 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 p.m. 1 -a. Roll Call Roll was confirmed as follows: R. Wells, J. Twait, P. Bryson, K. Koester, S. Romain K. Rogers, J. Brookman City Planner M. Kebschull, Administrative Assistant to City Planner N. Carver, Council Member R. Ross A quorum was present. 1 -b. Agenda Approval Commissioner Bryson read the following changes to the agenda: 1 -d. Excused Absences Kurt Rogers, Jerry Brookman 9 -c. Administration Report Excerpt from Council Meeting of 6 -3 -09 Commissioner Bryson MOVED to approve the agenda with the requested changes and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- -100- Wells YES Twait YES Bryson YES Rogers EXCUSED 1 Brook man EXCUSED Koester YES Romain YES 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 27, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ09 -29 An application to rezone Lot 1E, Killen Estates Collier Replat (1703 Redoubt Avenue), from a split zone (RS Suburban Residential and RR Rural Residential to Rural Residential (RR). Application submitted by Don Collier, 1703 Redoubt Avenue, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet, noting the rezone would eliminate a split zone situation. Twait read the rules of public hearing and opened the meeting to public hearing. The floor was opened to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Wells MOVED to approve PZ09 -29 and Commissioner Romain SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 5 -b. PZ09 -30 An application for a Conditional Use Permit for outside storage and a Variance for a 6 -foot fence, for the property known as 2021 Wyatt Way, Kenai, Alaska. Application submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska. PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 2 -101- Kebschull reviewed the staff report included in the packet, recommending approval with the following requirements: 1. Variance for a six. -foot fence (6') high sight- obscuring fence must be approved. 2. Variance to only screen the property along Wyatt Way must be approved. 3. Obtain a current State of Alaska business license. 4. Register for sales tax with the Kenai Peninsula Borough. 5. Remove the unsafe mobile home from property. 6. Remove all junk vehicles not pertaining to the "Dodge" restoration business. These vehicles are identified from the inventory dated. September 18, 2006. 7. Miscellaneous debris and junk must be removed from the site. 8. No additional vehicles may be moved to the storage yard. 9. Pei iiiit is valid for a period of five (5) years. Prior to expiration, an application to renew the permit must be obtained. 10. Permit will not be issued until Conditions #1, 2, 3, 4, 5, and 6 have been met. Conditions must be met within 60 days of the date of the public hearing. Twait opened the floor to public hearing. Lynford Disque, property owner, 2021 Wyatt Way Reported he planned to build a retirement home on the property and needed more than 60 days to comply. Tom Moore, 8080 Kenai Spur Highway Spoke in favor of the recommendations proposed by staff, noting he owned the property across the street. Nancy Carver, Administrative Assistant to City Planner Reported she took over the case in November 2007 when code enforcement was transferred to Planning and Zoning; numerous letters were sent to the owner; the case went to court in October 2008; and, in April 2009, the Judge requested the owner follow through with the procedures for Conditional Use Permit. There being no further comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ09 -30 with staff recommendations and Commissioner Bryson SECONDED the motion. MOTION TO AMEND: Commissioner Bryson MOVED to amend Recommendation #10 to read "Conditions must be met by May 31, 2010." Commissioner Romain SECONDED the motion. VOTE: Wells NO YES PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 3 -102- i Bryson 'YES Wells YES Twait YES Bryson YES Rogers EXCUSED Brookman EXCUSED Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers EXCUSED Brookman EXCUSED Koester YES Romain YES Rogers EXCUSED Brookman EXCUSED Koester YES Romain YES MOTION TO AMEND PASSED. MOTION TO AMEND: Commissioner Bryson MOVED to amend the recommendations by adding: 11. Applicant must supply quarterly reports regarding the status of clean up to staff, Commissioner Romain SECONDED the motion. VOTE TO AMEND: MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. Twait read the appeal process procedure. 5 -c. P209 -33 An application for a Variance for a 6 -foot high fence, for the property known as 2021 Wyatt Way, Kenai, Alaska, Application submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the variance was from the requirement of an eight -foot (8') fence to a six -foot (6') fence and from screening the entire property to screening along Wyatt Way, including sight obscuring fencing and gate. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 4 -103- Wells YES Twait YES Bryson YES Rogers EXCUSED Brookman EXCUSED Koester YES Romain YES Commissioner Romain MOVED to approve PZ09 -33 with staff recommendations and Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the appeal process procedure. ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion Set Public Hearing Ordinance Establishing Standards for Wind Energy Systems. (Wind Turbines) Kebschull suggested a work session to be scheduled to discuss zones and minimum heights. Commission requested Kebschull schedule a work session at a future meeting 7 -b. Discussion Code Amendment Non Conforming Uses. Commission supported Option. 5 be used to create a draft ordinance to be brought before the Commission at a future date. ITEM 8: PENDING ITEMS 8 -a. PZ09 -03 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a process for the regulation and establishment and placement of communications towers within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide that communications towers, /antennas are a conditional use in the CMU zone. 8 -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 PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 5 -104- ITEM 10: ITEM 11: Romain No comment. 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. 8 -c. PZ09 -18 A resolution of the Planning 86 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. ITEM 9: REPORTS 9 -a. City Council Council Member Ross reviewed the action agenda items from the June 3, 2009 City Council meeting included in the packet. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda from the June 8, 2009 meeting included in the packet. 9 -c. Administration Kebschull noted PZ09 -34 would be at the next meeting as a public hearing; a draft ordinance on non conforming use would be at the next meeting; an ordinance on uses within the Townsite Historic District would be at a future meeting; and, the cell tower ordinance would be at the June 24 meeting for public hearing. Kebschull also reported the MAPS Special Zone group would be meeting with staff with regard to PZ09 -18, and then a work session would be scheduled for a future meeting. PERSONS PRESENT NOT SCHEDULED INFORMATION ITEMS 11 -a. Landscape /Site Plan City of Kenai Public Picnic Pavilion 11 -b. Landscape /Site Plan Salamatof Native Association Office Building 11 -e. Landscape /Site Plan Kenai Central High School Ski Shack Building 11 -d. Zoning Bulletin (5/10/09) ITEM 12: COMMISSION COMMENTS QUESTIONS Koester No comment. Wells Reported the next Chamber of Commerce meeting would be joint between Kenai and Soldotna, held at the Sports Center with Governor Patin as the speaker. Bryson Reported he would absent from the next two meetings. PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 6 -105- Twait No comment. ITEM 13: MOTION: ADJOURNMENT Commissioner Bryson MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:06 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 7 -106- REPORT OF THE MAYOR ;ar The Honorable Pat Porter 31 May 2009 Mayor, City of Kenai Alaska Dear Pat I am writing this letter to inform you that I am going to resign from the Cook Inlet Regional. Citizens Advisory Council Board of Directors. It has been my honor and privilege to serve as the City of Kenai representative since 1992 and I now feel it is time to move on. I intend to make my resignation effective Friday July 31, 2009. Thank you and the city council so much for allowing me to serve the city. Cc: Michael Munger Executive Director CIRCAC Billy N Osborn Alternate Representative Karen Delaney Asst.Executive director CIRCAC Respectfully John Douglas -108- RECEgV7Egg JUN 2 2009 KEI �°'7 Oe ALASKA MUNICIPAL. 'LEAGUE May 29, 2009 217 Second Street, Suite 200 Juneau, Alaska 99801 Tel (907) 586 -1325 Fax (907) 463 -5460 wwwakml.org RECEIVED TO: Alaska Municipal League Mayors and Assembly /Council Members FROM: Alaska Municipal League Dear Mayors and Assembly /Council Members, JUN 4 2009 We, at the AML office, are still kicking up our heels with glee, as the Legislative Session is over and things slow down a bit here. Session keeps us very busy and we breathe a sigh of relief when it is over. Things worked out well for us again this year, however. For that we would like to thank you for your work, letters, phone calls, participation and financial support. Without your dues, we would not be able to lobby for those things that help make Alaska's municipalities thrive. Enclosed, we have sent a breakdown of the estimated amount that your community will receive from Revenue Sharing again, this year. These amounts are estimates, as the numbers may see small changes due to population fluctuations. Please remember that this amount of Revenue Sharing can be used by your municipality as your community sees fit. This past year, we were also successful in lobbying for a reauthorization of Secure Funding for Rural Schools (Timber Receipts) and for increased funding in PILT (Payment in Lieu of Taxes). The amount of money that your local govemment pays in dues to AML and its lobbying efforts, has come back to you tenfold. As you may remember, AML changed its dues calendar from a calendar year to a fiscal year to better fit with most municipal budget cycles. We billed you for of a year of dues on January 1, 2009. Now, to get AML on schedule for fiscal year dues, we are sending out our first full -year dues billing. Please compare the amount of money you have received from Revenue Sharing, Timber Receipts and /or PILT and the dues you pay to AML to realize the full value of your dues. We also hope you will remember to send as many people as possible to our Annual Local Government Conference to be held at the Captain Cook Hotel in Anchorage from November 18 -20, 2009. We will be holding our Newly Elected Officials Training on November 16 17, also at the Captain Cook. Member of the National League of Cif j e d the National Association of Counties eC Q ne,ned 7E If we can ever be of assistance, please call our office. We stand ready to help you with all local govemment issues, problems and/or questions. Sincerely, \s Kathie‘Wasserman Executive Director Alaska Municipal League -110- saria 11AIV 584.00 I 1 00'79n 584.00 1 584.00 1 0 1,519.00j 100'ZIO`Z 100'086 00 2,749.00 22,255.00 5,767.00 899.00 6,665.00 683.00 [00 I o 1 I i attill- sninwits 1 00 1 2,190.00 I 1 00'66n 1 0017LI 45,534.00 1 1 00'E0V9T 1,925,482.00 962,361.00 59,191.00 68,651.00 989,553.00 167,415.00 14,205.00 212,158.00 1 8,638.00 80,939.00 121,151.00 151,963.00 235,184.00 13,323.00 1 1 I I rsiii u .1 a q tu I I I II 510,028.00 869,957.00 I I 1 1 III I 1 I 00 11 1 d i 387,383.00 lr 5 406,315.00 I 11 00'108 b 1 11 00'£T9'00t 00 5 1,418,725.00 346,450.00 3,051,929.00 1 1 00'666 1 oonv 1 _00"90CSVI 5_ 463,604.00 11 I 1 11_001ZITL ..,...i 3,741,637.00 I_ L 5. 1,652,567.00 1 203,592.00 2,079,426.00 372,283.00 1 461,678.00 230,246.00 304,161.00 1 117,529.00 11 prksheet Revenue Sharing 11 atetuRs3 tfanotoil Ise] sueRnalvi 3ateway Bo forth Star 131 Onotog iteuaul 12009 Alaska Municipal 'Borough or Citv Haines Bon Kenai Penir Homer Kachemak Kenai Seldovia einomosi !limas uosrapmsli L uemM 'Cold Bay 1 1 ssed asie31 OAOJ BUDII ll p L 1 6,829.00 584.00 5,882.00 584.00 584.00 I IOo I oo vss 1 00'68'i oo-vss I 00 584.00 588.00 584.00 I vss owczElsE 00'69t5 I 00'L69'9 1 00 S 1 675.00 611.00 11.10 sos.00 I I 824.00 I 1 00 1 00 51 1 00 I 887.00 I 584.00 I 220,371.00 1,004.00 173,103.00 2,525.00 5,718.00 [oo I 00Y8T8'9Z I 00 5 I 00 5,080.00 1 F00 2,646.00 2,006,482.00 0070£'8V 00'OLL'ETZ oo 'Ooo's 8,425.00 6,783.00 :j s1 oo 00 00 00 5 0�i $1 00'9W8 13,901.00 4,045.00 00 43,587.00 I 1 1,265,826.00 1 00 3,069,265.00 1 947,450.00 oo oos ivoo't 729,636.00 I 98,460.00 402,218.00 0017W66 00 104,560.00 105,739.00 11 430,389.00 j00 00T8LL`66 104,304.00 106,354.00 1 00 00 3,870,860.00 1 00 5_1 L 00'9176 00'1E8 00 5 I 110,557.00 107,226.00 1 o9 00 1 132,457.00 1 123,372.00 LOO I 00'9L2'60T L00-9LV6I1 $_I 00LL870i 1_ M C 1 12 141 3 101 IChignik I OaS31 11 uoietimaN I 1 I Port Heiden -Susitna Sol 1North Slope Borough 'Wainwright !Northwest Arctic Boro Akhiok Kodiak [Larsen Bayl I ailtlizn01 IPort Lions I )UiO d lO j t cJl uoisnoHI I J311.11Ed I em 1Atriasuk linopieN1 INuitisut taiquivl puepprigi Supaaal L LIJ Lu a Z a `s T.. s in 0 isa cC -112- 809.00 Own 584.00 I 00'109`£ I00 "860`1 1,325.00 654.00 37,924.00 1,564.00 20,903.00 7,683.00 1,346.00 2,560.00 1,081.00 584.00 761.00 1,152.00 I 00'829 5 00'685 I 00'Zr6 00'Sti6 584.00 584.00 584.00I 735.00 879.00 100 "090'1 100 "685 I00"vas 00 "b E 1 1 I I 1 00'E68'TT 00 00'029`£ 95,357.001 00•5b£ 00 "888`82 8,636,516.00 31,482.00 922,149.00 262,924.00 25,733.00 62,720.00 18,889.00 4,137.00 10,646.00 20,714.00 r 00•60Z "L 100'068'Z 5 00'6ES't'T 15,391.00 3,103.00) 00'1SZ'Z 00`LV6'TLT 00'258 00 "889'£T 00'LL6'6 00 "£59`82 I00'8£L`Z 2,008.001 4,471.00 I 1{ 00 "£SO'E£T 00'SZ8'Z£0 I 126,332.001 1,927,292.00 871,825,00 2,338,617.22 Z8'66£'117 10CtL£'80i N 770,443.00 165,787.00 1,342,381.00 574,975.00 61,612.00 $862,440.00 105,762.00 8,255,33100 I00'Z£9'STT 100'TTS`9TL I00'L85`TOT 256,234.00 128,908,00 I 00 "59E 6ET 1 15 436,745.00 2,039,642.00 921,592.00 427,365.00 588,258.00 414,345.00 00'Etr£`0ET 00`6L1/€TT 00'6ZT'SOT 00"506 801 I- 00 "T Z6`00 1 00 "Tb0'8T1 1 00 ZZE'TZT 5 00'902'00T 99 ;742.00I 00 6LE'98E I00'SZYL6 113,940.00 120,091.00 00'09Z'£ #T 1 00'069 I 98,768.00 I, I 00"LZZ'£OT City Borough of Juneau City Borough of Sitka Municipality of Skagway City Borough of Wrangell City Borough of Yakutat L_ Municipality of Anchor Bristol Bay Borough T/ Borough L 00r IChuathabaluk (Clark's Point Coffman Cove i Kiang eulieAl�1 'Kobuk 'Kotzebue 'iA10 Selawik Shungnak aziue3JOunJ Adak -lyclak Akiak Alakanuk 418eujaIJ yalelellyl leluy uoo8uy IAnvik I pit I__ la wn! I soma!' I tirevig Miss Chefornakl IChevak 1 -113- 2,688.0011 1,582.00 1,499.00 2,893.00 I otrt 1 on2s I608 584.00 _713.00 1 1 00 L8ti ocr'sroott I 00'890't$ 17/0"6?T'T I 00'1785 I 00'519 I 00't135 1 aroa 1$ 584.00 I 00' L91 I oo I 00 765.00 1 100t86 1 584.00 584.00 L�;fr 00 LSL i___ 1 I cows I 66 32,059.00 I 29,656.00 73,153.00 1 ocrosCv 3 346.00 1 1 00'699'8 00'581'E 1 00'668'6 1 OtIZEZ 44,653.00 1 00 VS5 1 o o oso' s oo 00 0011WET I 66£80'9 00516`5? 00'6t/6 H 00'95L'L 1$ 10,737.00 16,303.00 5,597.00 1,916.00 00'0 18,250.00 10,555.00 oo'Lotz 791,00 21,931.00 7,695.00 1,576,681.37 1 1,151,668.62 1 65 461,931.27 r$ 270,489.13 r$ 394,297.00 ZO EE*9LVT8P $1 1 1 j I I i 00IOLL'90Z 153,256.00 11 00170C9IZ 00'TEZ 051 5 00 5 11 00'ZI9'COI 109,942.00 11 oo 1[ OtY IL 00'669'9E1 1 00 I o 1 130,497.00 1 0010Z`VOT oo 1 0016L'EOT 001796 5 00 $_1 00 1 00'09V551 1$ 100,152.00 1 00 $1 00'6LVETT ±1 00•809`ZZI 1 105,637.00 98,768.00 [20"8EZ 127,268.00 113,069.00 00T15 1 97,384.00 135,161.00 109,122.00 118,041.00 i 1 Cordova 1 I BieJ01 Dilkrigham apawowl 481 la] )10M131 wni I I leuoun31 'F Yu suale91 1 U!001 I Goodnews itgAe191 snnetsn9 I SSOJD geuooHl keg tadooHi satiNnut egsnH1 1 aingepAH I aNeN1 ueesel SegeN IdomeDil Kovuk I Koyukuk Kupreanof Kwethluk Lower Kals z 2 0 O 0 Q a S -114- ALASKA MUNICIPAL LEAGUE 1 00'908 5 720.00 I 593.00 I 1,889.00 1,273.00 794.00 1 F 5 00 877 636.00 I 58 &O 0 3,952.00 1 rOO'IL.9 585.00 991.00 584.00 3,540.00 1,032.00 584.00 584.00 1,107.00 1 owns 5 00 5 584.00 1 1 00966 5 1 Ls 873.00 1 [b78 1 00'88T I I s] 1 958.00 1 I om 1 I 00 51 1,067.00 665.00 1 offiiso'i 5 1 00'6U'OT $1 3 1 00'669'91 13,536.00 I 0096 00'2S9'TZ I 1 00 00'685 00'605'9 1 L 18,524.00 8,182.00 00'681'8T 1 I 00' ZOWTI 5 j 0011C9 42,705.00 23,847.00 I 0 00 I oolza`9t 00729 007Zti'L OU'LL97 00'89£'901 00'VEC8 6,114.00 16,577.00 001PV 00 17,642.00 1,825.00 Es 1,065.00 19,558.00 00'080'S 5 5E188 56,203.91 1 892 662747 6V6Ze9 5 MI 1 I OCISLE 00'617Z I 00'566 00 00 8EWEIT 007.6t8IT 5 113,787.00 1 00'89VIZT I 00 1 00 278,993.00 00'5170 106,611.00 5 123,680.00 101,792.00 250,237.00 126,089.00 98,614.00 98,409.00 129,882.00 oo• Tortvm 1 00 5_1 00 1 1 00117T l erf 5 I 00'9V'181 5 1 00'990 1 1 133,009.00 1_001ZE I 00' 1 Loo $1 126,089:60 109,942.00 [00'9/S iillage I Nunam lqua Nunapitchuk 1 'Russian Mission Saint George 15aint Mary's !Saint Michael Aeq uotuweasi Pilot Statio Port Alexar Platinum Quinhagak I Acrnii 'Saint Paul 1 9SUOOMS1 Inia8e Lvto Shishmaret Shungnak 1 1 suiqqa1S1 en( ederid IlepisedeN1 1 eueueNI [New Stuyal INightmutel Pelican Petersburg amoNI owinNI n ine-193wi IMekoryuk1 iepelenaiN1 -115- I 00'ZS9 I 00059 1 00•v 5 I 00'668 FiLyrizi 1,202.001 3,158.00 I 636.00 _4,782 I 584.00 I 00Z09 584.00 7,8 roo78L'L I 00'F0r£ 14,205.00 23 938.00 I 001355 off z 5 ocrzzv't 5 OOEEL8'ITt OCISOVZET 6,540.00 OffE6Z'S 5 1 13,458.98 186,487.62 2,804,86E44 76,776.67 MI 11111 00'LT6'801 I 00'LZ£ 00'SLO [003 [00"60I'LET 5 I 001TO'LZT 00' 278,019.00 108,046.00 I 00SZCZ8Z 103,074.00 105,790.00 I 991ESZ I Tenakee Springs lihorne Bay 10°11 Aea loosloil gelsjeN Jaddni 'White Mountain 'Whittier 1 I eueuei L JaIIalI Iiaapieieun I zaPI salami L 2 j 0 0 0 z 0 0 -116- REPORT OF THE CITY MANAGER 117 the cc ty of KENAI ALASKA To: All City Employees From: Terry Eubank, Finance Director Date: June 5, 2009 Re: City Health Insurance Update Tillaye with a Past, Ci y with a Futsr FINANCE DEPARTMENT 210 Fidalgo Avenue. Kenai, Alaska 99611-7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 Health Insurance Renewal Rates Last week the City received health insurance renewal rates for the upcoming fiscal year. Rates for FY201 O are increasing 17% over our current rates. The estimated increase was 10% when preparing the FY2010 City Budget. The 17% increase equates to an average increase of $1,551.27 per employee per year. At this time the administration does not intend to adjust the employee's monthly premium. In addition to the 4.5% cost of living increase the employees will receive July I the City will be absorbing nearly $146,000 in increased health insurance costs. Every employee should be aware of these increases, as it is unlikely the City will be able to absorb similar increases in future years. The administration is constantly reviewing the health plan offered by the City to assure we are receiving the best coverage for the best price. During the past week the administration has met with two different health care consultants, and we are confident the City's current plan is the best option available at this time. Health Reimbursement Account Savings At its June 3 council meeting the City Council once again approved the sharing of one -half the savings from the City's health insurance deductible reimbursement program. Due to the efforts of City employees to control their health care costs the City saved $99,389 in calendar year 2008. To recognize past efforts and provide incentive for your continued effort by City employees to control health care costs, each employee covered by health insurance at December 31, 2008 and June 30, 2009 will receive $585 in his or her June paycheck. This is a program the City is very proud of, and it shows the partnership between the City and its employees to try and control health care costs. While this is the second consecutive year the City has shared the savings with its employees, it is not a guaranteed annual event. Each year the administration will look at the actual savings along with premium increases before making its recommendation to the City Council. Employees wishing to deposit the additional 8585 in the retirement account can do so by contacting Robin by June 23 -118- 6/3/2009 2 D O er efit High hts J c 0 5 1 1- z w z 0 AUDIO at) w et et Deductible Coinsurance Out of Pocket Max PP0 Office Visit Preventive Exam (ind immunizations) Preventive Labs Emergency Room Hospital Admission Spina! Manipulations P rescripti0 ns Mental Health (Out Patient) Mental Health (In Patient) Deductible Preventive Basic Services Major Services Annual Max PPO Exam Copay Lenses Contacts Benefits Employee w/ Spouse w/ Spouse /Child w/ Child(ren) 0l11111111111110111111 $100 10 /30% 5100 $500 20%/40% 51,080 $2,500 Iv $1,500 52,500 $2 million Yes Employee pays 100% up to deductible, then no charge up to $500 /yr physicals, labs, gyno exams, well child, immunizations included in preventive exam none none Deductible, then coinsurance Unlimited $10 generic/ 520 brand name/ 535 non preferred Mall order is 2x above copay for 3 mos supply No oral contraceptives 50% after deductible 20 visits yr 50% after deductible 30 visits /yr 550 20% copay (deductible waived) 20% copay 50% copay 51,500 No 20% copay, once per year once.per year $400: per year 2056 copay up to $800 every 3 years $837.83 51,854.17 $2,574.16 51,557.66 5673.79 51,499.24 52,077.62 5528.83 $1,209.16 51,693.36 $1,013.31 $381.79 $857.89 51,207.79 $731.99 prepared by David Frazier David Frazier Associates, Inc. 907.561.9700 x11 or dayiQrftizier @dfabeneflts.co Fq Zoe 3 0-4 -res SOA INTEROFFICE MEMORANDUM KENAI FIRE DEPARTMENT Date: June 10, 2009 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe of 5 -15 -09 to 6- 10 -09: Requests for service YTD 731 Total last year at this time 608 20% over this time last year Last 30 days 123 requests for service Summary of activities for last month: 1) All department members participated in their annual live fire training for Part 139 certification of the airport, 2) Did Station tour for Cook Inlet Academy Pre School and additional for Naknu Family Services 3) Participated with the KMS mini courses and "painting the town red" program. 4) Held department training with sponsoring physician. 5) Continued participation with the Kenai College Paramedic ride a long program. 6) Hosted a BBQ for the City wide plant day at the Fire Station 7) Acquired 4 new Automated External Defibrillators from a grant to be placed throughout the city. 8) Planning for August 8 live drill with Community CERT members. 9) Installed new smoke detectors in 14 homes. -120- I May Circulation Figures Kenai Community Library Monthly Report June 2009 Adult Fiction 2,266 Internet Access 1,095 Adult Non- Fiction 1,365 Music 124 Periodicals 92 Puzzles 0 Juvenile Fiction 636 Videos 356 Juvenile Non Fiction 208 DVDs 1,876 Easy Fiction 1,146 Audio books 177 Easy Non- Fiction 191 Miscellaneous 15 Interlibrary Loan 60 Computer Programs 15 Total Print 5,964 Total Non -Print 3,658 Total Circulation 9,622 Internet Express Use 538 Total Catalog Searches 7,031 Library Door Count....... 7,740 In -House circulation 99 Downloadable Audio 195 Income Fines and Rental Books $1,019.05 Xerox 304.25 Lost/Damaged 135.94 Test Proctoring Fee 20.00 Total income 05/09 $1479.24 Sirsi Dynix Symphony We will be closed for three days at the end of June (23, 24, and 25) for the final tune up before we go live with the new system on June 25. Please note that these dates have been changed! On consultation with our project manager, she suggested that we be closed on our "Go Live" date. State Grant We received notice from the State Library that we will receive anILC (InterLibrary Cooperation) Grant award of $4,300 for our proposal "Customers First for the 21" Century." These funds will cover a one -day workshop for staff of all the Kenai Peninsula libraries to be lead by a consultant. We worked specifically with the libraries in Seward, Soldotna and Homer on this project. Staff from all the other libraries on the Peninsula have been invited to attend. USDA Our local USDA (United States Department of Agriculture) office sent an email on May 7 urging me to submit an application for finding from that agency ASAP. Ms Hoffman and I have been communicating since news of possible "recovery" funds might be available through that agency's Community Facilities Loan and Grant Program. I worked with Mr. Koch and hand carried an application for pre approval to their office the next day. Mr, Koch met with Ms. Hoffman this week to discuss the process for a full application. Our project has been pre approved for a loan at this time. -121- he cify of KENAI, ALASKA "VI &ale with a Past, Gt y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -3692 FAX: 907 283 -3693 MEMORANDUM To: Rick Koch, City Manager Thru: Wayne Ogle, Public Works Director From: Robert J. Frates, Parks Recreation Director Date: June 10, 2009 RE: Mid -month Report Remaining seasonal crew members were brought on June 1". Work included training comprising of standard operational procedures, equipment familiarization, safety training, and actual field training. Director coordinated work effort with Airport personnel on the Sprucewood Beautification project. Project was initiated starting with leveling and delivery of topsoil. Several Spruce trees are being held by the department until dirt work is completed and will be planted by volunteers along with a wild flower seed mix. North beach fencing is moving forward with good progress. Crew finished up water side going toward mouth of Kenai River and is working their way toward the Sewer Treatment Plant. Director is working with a local sign vendor on some master signage for the upcoming personal use fishery. Due to another local vendor providing a portable restroom service, we have gone to a formal bid for services to accommodate the fishery. The Kenai Softball Association held their first tournament of the season June 6 and 7 with a total of 15 teams participating. Next scheduled tournament is July 3` -5` Department will also be coordinating with Metal Magic on the Iron Pour located at the multi purpose facility as part of the 4 July activities. Kenai Little League will be hosting the South Peninsula Pool Play Tournament once again, tentatively scheduled for July 10' The storage unit located at the sports complex is nearly complete with fencing and painting to be completed. The department is also getting geared up to expand the Kenai Parkstrip shelter. Connie's Flowers completed planting of circle planters and boxes the first week of .tune. Comments from the public have been very favorable. The volunteer planting May 30 was a success with most beds being completed. Community Gardens are near capacity this season with one plot remaining for use. -122- ANIMAL CONTROL REPORT May 2009 2009 2008 2009 2008 STRAY 64 64 ADOPTED 44 58 Dogs 41 44 Dogs 27 43 Cats 22 20 Cats 17 15 Other Animals 1 0 Other Animals 0 0 RELEASED BY OWNER 34 53 CLAIMED 20 21 Dogs 24 37 Dogs 19 20 Cats 10 16 Cats 0 1 Other Animals 0 0 Other Animals 1 0 D.O.A. 8 4 EUTHANIZED 30 41 Dogs 6 3 Dogs 15 21 Cats 1 1 Cats 15 1 Other Animals 1 0 Other 0 0 TOTAL ANIMALS 106 MISC. DISPOSITION 4 Borough Animals 20 27 Field Investigations 82 75 Total Dogs 71 84 Volunteer hours 108 105 Total Cats 33 37 Total phone 655 1,003 Total Other 2 1 Kennel Permits 0 0 -123- Kenai Police Depadment To: Rick Koch, City Manager From: Gus Sandahl, Police Chief AS Date: 6/10/2009 Re Police Communications Department Activity May 2009 Police handled 747 calls for service, which is a high number of calls for the month of May. The Communications Center received 136 emergency 9 -1 -1 calls. Officers made 65 arrests and wrote 338 reports. Police made multiple felony arrests this month for offenses involving drugs, assault, and vandalism. The most significant investigation involved Robert Hancock leading officers on a high speed pursuit, which ended when Hancock rammed a police cruiser operated by Officer Hershberger. Hancock faces multiple felony charges, including attempted murder. Traffic enforcement resulted in 114 wamings, 42 speeding tickets, 20 seatbelt tickets, 16 citations for equipment violations, and 28 citations for "other" traffic violations. There were 6 DUI arrests, 2 of which were felony DUI's. Police investigated 9 vehicle crashes (4 injury crashes). The 9 crash investigations resulted in 6 citations. In the schools, Officer Langseth handled 3 calls for service involving minor criminal offenses. He participated in the ongoing mentorship program at KMS. He gave 3 intemet safety presentations to a total of 75 students at Kaleidoscope. He facilitated the bike rodeo and bike safety courses at Mt. View Elem. and Kaleidoscope Elem. Officer Langseth will assist Investigator Whannell and Sgt McBride in the investigations unit for the summer. On May 4 Sgt. Langham attended a two -day Excel class along with Communications Supervisor, Mike Nusbaum, and dispatcher Greg Beckman. On May 12", all available police officers, several dispatchers, and fire department personnel participated in active shooter simulation drills at Kenai Middle School. The training helped all three departments work together for these high stress scenarios. We plan on additional drills in the fall. On May 27'", Investigator Whannell attended a 4 -day National Sexual Assault Response Team conference in Seattle, WA. Officers continue to work DUI and Click -it or Ticket campaigns (funded by the Alaska Highway Safety Office). -124- the city of RENAL ALASKA Village with a Past Gi with a 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 TO: Rick Koch, City Manager FROM Wayne Ogle, Public Works Director DATE: June 10, 2009 SUBJECT: Mid Month Report; Public Works Department PUBLIC WORKS DEPARTMENT June 2009 REPORT i re 1992 The status of previously reported projects is as follows: Kenai Visitor's Center Heating System Upgrade 2009 (engineering by RSA Engineering, Inc. and construction by Blazy Construction, Inc.) Includes: Installation, replacement upgrades to heating, control, ventilation, boiler, carpeting and painting. The project is substantially complete. The Kitchen upgrade and the Conference Room serving area upgrade project is underway with Blazy and expected to be completed about 17 June. Kenai Community Library Expansion Project ECI /Hyer, Inc.'s issued a `schematic plan' on 19 February 2009; Administration is considering the funding for the next phase of project design. Kenai Courthouse Parking Expansion 2009 (Design by Wince Corthell- Bryson). Contract awarded to Peninsula Construction. Construction is underway with dirt work. South Ames and Basin View Drive Paving LID. (Design: Nelson Associates). Design completed 2/23/09, Public Review Meeting on 2/26/09 at 7PM; Plans issued for Construction on 3/3/09; Pre -Bid meeting on 3/12; Bid opening on 3/24/09 at 3PM. On 4/1/09 Council awarded contract to Northstar Paving and Construction, Inc. Construction is underway with ditching and culvert work. Cabin Relocation Project Historical Society is coordinating work; four cabins are jacked up and logs replaced as needed in preparation for the move. Details regarding the cabin move are being worked on. Kenai Municipal Airport Rehabilitate Apron 2009 -2010. (Design by Wince Corthell- Bryson) The Project was awarded to Alaska Roadbuilders. Will upgrade aprons, address drainage issues and lighting. Part of the project will utilize so called 'Stimulus` funds. Kenai Municipal Airport Runway Safety Improvements: Taxiways F, G, and H Lighting Grading and Drainage 2009 (Design by Wince Corthell- Bryson), Design completed on 2/2/09, plans issued 2124/09, Pre -Bid on 3/10; Bid Opening on 3/24/09 at 1PM. 4/1/09 Council awarded project to Alaska Roadbuilders, Inc. Construction underway. Vintage Pointe Dry Sprinkler System Replacement 2009. 4/1/09 Council awarded contract to Alaska Automatic Fire Protection, Inc. Construction to start mid -June. Vintage Pointe Casement Window Replacement 2009. This will replace 64 windows in Vintage Pointe with energy efficient, easy to open and low maintenance windows. Bids were opened 3/3/2009 at 2PM; 4/1/09 Council awarded Contract to World Wide Roofing Construction, Inc. Construction to start in early June. Kenai: Various Road Improvements 2009 (Baron Park Lane HEA Access) (Design by Hattenburg, Dilley Linnell (HDL)) Phase 2 to Marathon Road Improvements Grading, Drainage, paving, Signing Striping, Illumination and Water. ADOT is to bid the contract HDL to do construction management. Contract expected to be awarded in August. North Beach Fence Materials 2009 Construction underway for a fence with wooden posts and galvanized chain for the protection of North Beach Dunes. LED Streetlight installation 2009 So far 16 street lights between Fifth Ave. Kenai Spur Highway have been replaced with Light Emitting Diode (LED) Lights; Most of Kenai's main thoroughfare streetlights will be replaced (71) by LEDs by the end of summer by Kachemak Electrical Co. Small Projects Planned for Summer 2009: Upgrade of boat launch ramp, expansion of Park Strip picnic pavilion, structural condition survey of the City dock, more curb and sidewalk repairs, bollards added in Municipal Park, Kenai Soccer Complex Storage Shed project is underway with site -prep by City and construction by Blazy, a retro -fit of energy efficient interior lights and occupancy sensors for office spaces is planned for City Hall. Also had a commissioning ceremony of the new bird viewing platform on Boat Launch Road at the May Chamber of Commerce Meeting. —125— Airport Projects: enai icipal Airport Airport Manager's Monthly Report June 15, 2009 9 Annual Kenai Peninsula Air Fair, May 30 Mother Nature co- operated and again this local event was a success (although someone stole the ticket bucket at Stormy Lake). Fifty -eight pilots and friends participated in the poker run. They piloted 33 wheeled aircraft, 7 floatplanes, and 2 amphibious aircraft. Participants were not only from the Kenai /Soldotna area but Anchorage, Big Lake, Chugiak, Homer, and Palmer. Special thank you to Jack LaShot and Jim Zirul for their time, effort, and expertise at the poker table. Special thank you to Air Station Kodiak for the C130, H60, H65 static displays and the flyover during the Military Appreciation event. The USAF Band provided music for the afternoon. The EAA breakfast was very good and very popular along with the barbeque in Kenai. Rave reviews were received on the cooking! There was record support from the public this year! Taxiway F, G, H Lighting Grading, and Drainage Improvement: Ongoing excavating, backfilling, and compacting. Airport Rescue Fire Fighting Truck: Waiting for final spec review and price. Runway Safety Improvement Proiect: Paint crew is in the process of completing the runway stripping from last year. Apron.. Rehabilitation: Project awarded to Alaska Road Builders. Contractor expects to start around June 15th. FAA Airports Partnership Conference 2009: The Airport Manager and City Planner attended this 2 day conference in Anchorage. The conference provides an excellent opportunity to discuss aviation issues related to safety, standards, planning, engineering, funding, construction, and environmental. The AAAE followed the conference with a Part 139 recognized training opportunity of a 2 day Advanced Safety Operations School. This is the first time this training has been offered in Alaska. The airport was represented equipment operators Matt Landry, Dan Evensen, and Andy Brailly. 2009 -06 -126- the ciy KENAI ALASKA To: Rick Koch, City Manager 7 f,From: Terry Eubank, Finance Director Date: June 11, 2009 Re: Finance Department June 2009 Mid Month Report Tillage with a Past, Gc'ty with a Fatsre" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907- 283 -3014 Much of the transition to the new accounting system is complete. The transition is not totally complete and there are still a few issues to he resolved but for the most part the new system is operating as designed and processing has returned to normal. The FY2010 Budget was adopted and the department is in the process of making final changes and printing the document. A copy of the document will he placed on the City's website in public document format (pdf) for download by the public The effort previously directed to the annual budget is now being shifted to fiscal year end. Year- end procedure will continue for the next couple of months and culminate with the annual audit that is scheduled for the week of September 2S The 2009 dipnet fishery is quickly approaching and we will be worlcing with the Park's Department to train our seasonal help to work in the dipnet shacks. -127- To: Rick Koch, City Manager MEMORANDUM From: Rachael S. Craig, Senior Center Director Date: June 10, 2009 Subject: May Monthly Report Total number of days rented in May 2009: May 2009Monthly Meal Count Served: Total Congregate Meals Served: 1,319 Total Home Meals Served: 1,745 Total Non Seniors Meals: 10 May 2008 Monthly Meal Count Served: Total Congregate Meals Served: 1,144 Total Horne Meals Served: 2,018 Total Non Senior Meals: 32 Total Volunteer Hours for May: 850 Kenai Senior Connection held our annual garage /bake sale. It was a huge success! Our seniors participated in the City Clean up, cleaning Bridge Access area from the traffic lights to the bridge. The director attended the area -wide director's meeting in Homer. Fred Lau, the director from Homer formally announced he would be retiring his position in October. He will be missed by the seniors and the directors on the Peninsula and around the state. On the 22 of May we held our annual Memorial Day celebration with a flag raising and gun salutation. Herb Stett ler led the short service with Tim Wisniewski playing taps. On May 26 and 27, Kenai Senior Center, along with other Peninsula senior centers, Forget -Me -Not Day Services, and Frontier Community Services held a Dementia and Alzheimer's conference funded through a collaborative DHSS grant. Peter Graf, professor of Psychology and Director of Memory and Cognition Laboratory at University of British Columbia in Vancouver, presented various mental acuity assessment techniques that can be used by anyone who works with anyone with Alzheimer's dementia or other related disorders. The assessments identified what types of creative expressions are most effective in helping the individual maintain cognitive abilities. -128- INFORMATION ITEMS 120 INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUNE 17, 2009 1. 6/17/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. Kenai Peninsula Borough /Notice of Public Hearing Proposed Central Peninsula Multi -Use Facility Service Area, June 23, 2009, 6:00 p.m., Borough Assembly Chambers. 3. 6/3/09 Council Meeting, Partial Verbatim, Item D -1, Ordinance No. 2403 -2009. 4. 5/09 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports. 5. 6/16/09 Kenai Peninsula Borough Assembly Meeting agenda. -130- z J U Z 0 0 C‘ 0 k 0 0 0 0 0 '0 Z O 0 0..0 0 N N nt r Z Z W Z ILI W CO a W 0 0 Z c O W X J 7o a M a. a a 0 0 w 0 0 J J a a. a co 0 0 M r 0 0 0 w N J 0 J w w c G0 z re w co o o O O o o h N 07 J 0 U KENAI PENINSULA BOROUGH ASSEMBLY Notice of Public Hearing for the Proposed Central Peninsula Multi -Use Facility Service Area June 23, 2009 6:00 PM Notice is hereby given that the Kenai Peninsula Borough Assembly will conduct a public hearing on June 23, 2009 to hear testimony on the necessity for the proposed Central Peninsula Multi -Use Facility Service Area. The proposed service area would provide for the construction, operation, and maintenance of a multi -use facility to be located in the central peninsula area that would be large enough to provide a venue to practice and compete in youth or adult sports that normally require a large area. The proposed service area boundary would be the same as the current boundary for the Central Kenai Peninsula Hospital Service Area. The public meeting will begin at 6:00 p.rn., and will be conducted in the Assembly Chambers of the Kenai Peninsula Borough Administration Building, Soldotna, Alaska. All interested persons are invited to attend the meeting and participate in the public discussion; or, written comments may be sent to the Assembly, c/o Borough Clerk, 144 N. Binkley St., Soldotna, Alaska 99669, faxed to (907) 714 -2388 or via email: jblanlcenship @borough.kenai..ak.us. Publish 06/11/09 and 06/18/09 in the Peninsula Clarion S: \WPW N\DATA\NOTICES\Public Rearing Notices \Proposed Central Muti Use Facility SA Public Hearing.wpd -132- Johni Blankenship, CMC Borough Clerk ITEM 13-1, Ordinance No. 2403 -2009 KENAI CITY COUNCIL MEETING JUNE 3, 2009 PARTIAL VERBATIM PORTER: Seeing none, then well move onto the public hearing, or public hearings. Ordinance, council we have before us Ordinance No. 2403 -2009, substitute b, amending the Land Use Table in Kenai Municipal Code 14.22.010 to: one, Change the uses of some personal services, restaurants, dormitories, boarding houses and greenhouses, tree nurseries from principal permitted uses (P) to conditional use (C) in the limited commercial zone (LC); two, change mobile home parks from conditional use(c) to not permitted (N) in the limited commercial zone (LC); and three, change automotive repair from not permitted to conditional use (C) in the limited commercial zone which is LC; and four, add language to footnote 25 to clarify that tattoo parlors and massage therapists are personal services; and, five, require tattoo parlors and massage therapists to have a conditional use permit in the Townsite Historic Zoning District and and Limited Commercial Zone (TSH). A motion was made to enact Ordinance No. 2403 -2009, Substitute B and then action was postponed, with no time certain, at the May 20, 2009 council meeting. The motion to enact Ordinance No, 2403 -2009, Substitute B is active. So, is there anyone from the general public who would like to be heard on either Ordinance No. 2403 -2009, substitute B or there is another ordinance No, 2403 -2009, substitute C. Is there anyone from the general public who would like to be heard on that? Please come forward. WINEGARDEN; Chuck Winegarden, 309 Princess. I guess the Princess people are here tonight. Ah, on these, on this amendment, you know I understand where that's coming from and I support that as far as where it's at, Thompson Park, and, and so forth. But, you know, the reason why this all started was our rezone area and what you've just done is you've allowed an automotive repair in our rezone area and you've also allowed a beauty parlor where the school district came to the planning and zoning and said, please don't put anything over across the street that would lure students across that highway, So, if the referendum is voted down, what you've done is you've put something in our neighborhood that is unacceptable and what you've done is you've tried to solve problems just on the spot whenever, when somebody comes u.p, you've been solving problems without thought, without planning and it's a bad deal and you've got yourself into a, a really kind of a hitch here. So I think you really need to take a look -133- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 2 at our area and see what you want there and look at the Comprehensive Plan Thank you. PORTER: Thank you. Any questions of Mr. Winegardener. Mr., Councilman Ross. ROSS: Mr. Winegarden, in your present zoning, isn't automotive a conditional u.se? WINEGARDEN: Well that's the thing is that, yeah, and so now were going to have it there no matter what, I mean... ROSS: I meant, as you're currently zoned, if the referendum fails, its still a conditional use there, isn't it? WINEGARDEN: Yeah, but what you've done is you've set example now because there is an automotive and what are you going to say when somebody else wants to put one in because you've got one. ROSS: Okay. I, I guess my point is there's really no change to your neighborhood as fax as zoning whether the referendum goes or not its conditional use, right? WINEGARDEN: Well, well, I guess so if that's the way you want to do it but were going to try, we've got a MAPS area now that's going to change that so I guess there's been more focus on it than there was before. PORTER: Ah, excuse me, I have a question. In the RR -1 zone, isn't a beauty shop permitted at this point with a conditional use permit? WINEGARDEN: I, I agree with you, that was, and I think that it will, this all added focus on it and now that there is focus on it, that, you know, you'll have more people looking at it, so, yeah, but were trying to change that with our MAPS PORTER: Okay. WINEGARDEN: ...but, you know, were back into again by changing things around, you know, you were going to fix it to stop that as far as people coming across the highway and so now it's back where it was. There's no improvement. Thank you -134- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 3 PORTER: Thank you. Are there anyone else from the general public who would like to be heard at this times Okay, seeing none, bring it back to council, Pleasure of council? Councilman Eldridge. ELDRIDGE: Madam Mayor, I would move to amend Ordinance No. 23, 2403 -2009, substitute B with Ordinance No. 2403 -2009, substitute C. PORTER: Okay thank you. Is there a second? MOLLOY: Second. PORTER: It's been moved and seconded and since public hearing has already been had, council, pleasure of council, would you like to discuss, Councilman Eldridge. ELDRIDGE: Yes, ah, after the last city council meeting, the administration and I got together and we kind of agreed on a the substitute C amendment, which would include some of what administration had proposed and some of what I had proposed and it came out as, as something we could both agree on. And we did send it down to planning and zoning and it was unanimously passed by the Planning and Zoning Commission to recommend substitute C to the city council for passing. PORTER: Thank you. Is there any discussion on the motion to amend? Councilman Molloy. MOLLOY: I'm sorry, I missed that, is there already a motion to amend? PORTER: To move the substitute C... MOLLOY: Oh, okay... PORTER: To, yeah, that's what I've got here. MOLLOY: Right, yes, I, I, I do have some comments on substitute C. PORTER: Okay. MOLLOY: I just needed clarification... PORTER: That's what were talking about. -135- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 4 MOLLOY: All right. Thank you. I, 1 do think that Mr. Winegarden has a good point in part and part of my problem with substitute C, on page 7, has to do with the second whereas clause which brings automotive repair as a conditional use, into the limited commercial zone and, I would ah, like to suggest that we might want to handle that by a different way ah, and ah, you know, when the, just because I don't think it's consistent with the original intent of the limited commercial zone to bring the general commercial kind of industrial use into that zone. What, what, my understanding of the intent was, you have like, general commercial and you have residential and, and limited commercial is supposed to be a transition between hem and the uses would be stepped down. With this property though, it's, was, you know, it was in the general commercial and developed and it was in the automotive repair use already and, and I would like to see us have a little bit more flexibility in the zone since we don't have an application from the land owner to rezone it back to general commercial and by that I mean, I, you know, more flexibility in dealing with the general commercial uses that, that existed before we imposed the limited commercial zone on it that would allow the business to continue and expand but would not bring that use into the limited commercial zone itself generally so that it wouldn't apply, you know, to the zone that we've imposed on MAPS because they're, they're, you know, they're wouldn't be there. So, so what I, what I would be interested in doing is amending this ordinance, or that would be my intent after discussion to take out the second clause and then over on page nine to amend the automotive repair part of, by ah, leaving the N and, and, and, then I would like to suggest we have planning and zoning look at this and, Mr. Graves has, has suggested two solutions. One is, is to amend the ordinance on non- conforming use to allow what is now a non conforming use because we've rezoned it, to expand, enlarge or increase in intensity under a conditional use permit process. And, so that would allow this business to, where it is, to go forward, and he has a, he has a, a second option that he, that he suggested which would be legislation that would say to the effect of, where property rezoned from general commercial to limited commercial after 2005, the restrictions obtained in subsections blah, blah, blah, of this section shall not apply. And, excuse the blah, blah, blah. But, anyway... GRAVES: It's legal terminology. MOLLOY: Yes, ...right, its legal terminology. But, you know, I, 1, I, I'm not, you know, I, I liked idea number one very much. I'm not sure that I want to jump on idea -136- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 5 number two and 1 certainly would want to hear from the Planning and Zoning Commission and the public on either of them. I, I think that might be a better solution than, than bringing this use inside, inside the limited commercial zone. I, I realize that it's already, it's already, you know, would be allowed under RR as a conditional, r think, or something like that but I, but you know, I'm not sure that I would agree with that anyway. You know, I know that's the way it is, but, you know, so, anyway that's, that's sort of what my interest and intent is. Thank you. PORTER: Are there any comments? Councilman Ross. ROSS: I concur with almost everything Councilman Molloy said with the exception of the blah, blah, blah. 1 don't think that the automotive repair belongs in there as a conditional use either. When the limited commercial was put together, a lot of the neighborhood testimony, when we first worked our way through limited commercial, was that, and, and, that's what triggered it was a general commercial application out there on another property wanting to do exactly that, put the repair shop in auto sales place. I like the solutions that are proposed that would take care of the one property. But 1 concur, I don't want to see, I would not want to see a N, a conditional use in the limited commercial. I think it defeats of limited commercial I don't concur with it being in the rural residential either, but it's already there. But ah, I, I concur that, I would go along with Councilman Molloy in sending it back to P and Z with them to look at those options. PORTER: To look the, just that one particular item... ROSS: On that one paragraph, those options, yes. PORTER: Councilman Eldridge. ELDRIDGE: I think were getting the cart before the horse. Right now were moving to amend Ordinance B by placing Ordinance C in place. We have to vote on that and have that one the floor before we start trying to amend it. PORTER: Okay. That's fine. Thank you. I think that's called a point of order... ELDRIDGE: Point of order. -137- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 6 PORTER: ...to call me back to reality. Mr. Koch, do you have your hand up? KOCH: No, no, no... BOYLE: Point of order or point of information. PORTER: Thank you, Councilman... BOYLE: I'm not sure which one it is, but.. PORTER: ...but you have something to say, Counci... BOYLE: ...because I would... PORTER: Councilman Boyle. BOYLE: Because I, I guess in comment in response to that I, I think for myself anyway, this conversation is helping me understand what I'm looking at and so if I'm to vote on the amendment to introduce substitute C, I'm finding that this is helping me think that through and so I disagree with Mr. Eldridge in that. I don't think were out of order. MOLLOY: Point of order. PORTER: Yes. MOLLOY: Wasn't the motion to move substitute C... PORTER: Correct... MOLLOY: ...and that was seconded. And so its on the floor. PORTER: That's correct. It's to amend it. Its to amend...Ms. Freas. ELDRIDGE: Amend B with C. BOYLE: Amend by introduction of the substitute. -138- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 7 PORTER: Okay, excuse me, for those of you in the audience, I'd like to refer to the City Attorney. This is like the first time that we've had in years, substitute a, substitute b, substitute c, so, I'm going to refer to the City Attorney. GRAVES: My reading is that, substitute C, is now on the floor. It has been moved and we are debating substitute C and Mr. Molloy's discussion was that he did not like a particular provision of substitute C and in the future, would like some action taken regarding that, hut, but the debate was regarding substitute C. PORTER: Which is legal to do at this time. GRAVES: Yes. PORTER: Okay. Councilman Ross. ROSS: If we vote on this, then it comes back on the floor for a vote at which tune it can be postponed or is this vote an adoption vote? FREAS: It wouldn't be an adoption vote. It would be a vote to put, put Substitute C on the floor and then, if you wanted to amend it or if you wanted to postpone it, you can still do that. ROSS: Thank you. PORTER: Councilman Boyle. BOYLE: I, I guess what I'd say is, ah, I concur with my other two council people here that I would like to see this get other attention elsewhere and for the same reason as the automotive shop, it seems to me what we have is a problem that was created with a.rezone and that's something we'd like to fix, I'm gathering. But, but when this comes before me, and look at, now we've got two or three issues that, that aren't really all related. So when this, hopefully I would like to see this go back to planning and zoning, but I'd like to see it come back as three different issues. We've got, were talking about the historic zoning district, were talking about limited commercial, were talking about a specific example of an issue that has to be fixed. So, I prefer to see this broken up. I'd also like a clarification on, on what constitutes or what, to define massage therapists or a business that, that, that where massage therapists work and why this would be in there and also why we're, were targeting tattoo parlors as well in both the historic, both of those in the historic district. -139- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 8 PORTER: Why are we targeting... BOYLE: Why are we targeting those two specific... PORTER: I believe were targeting because that's what the public wanted us to do. They testified they didn't want those things limited commercial on the highway. BOYLE: I'm talking about the historic district. Were talking here, we've got a historic zoning district,.. PORTER: Right... BOYLE: ...and we're, this, if 1 understand this correctly, and maybe I don't, if this were to pass, then within the historic zoning district, tattoo parlors and massage therapists would have to have conditional permits. Do I understand that correctly? PORTER: I believe that's already been through planning and zoning though, hasn't it? Yes, that is correct. It's already been through planning and zoning. BOYLE: That, that may well be, but I still have to vote on this, so you know, I have to do that with, with my background and knowledge so... PORTER: Council, Councilman Smalley. SMALLEY• Thank you Madam Mayor. I, I too concur with the comments that were made by my fellow council members as far as some concerns and wanting it to go back to P and Z, but the other issue, and I'm confused as to how it can be addressed, is the expansion of a business within this and that's Anthony's Transmission, and I, and I read through, but that's one thing that needs to be considered because, especially with the economic situations the way we are and we have a wonderful thriving business there, I, I would hate to see it not to be able to perform to the capacity that it would like to be able to and that they had anticipated it would be able to. PORTER: Councilman Smalley, I agree with that and, as far as I know, no one has complained about it, so... Councilman Molloy. MOLLOY: And, and I would agree with that. That's not the intent of, of what I was doing. I was looking for a way that, that, a general commercial business like that, that's already in place, could continue to operate and even expand like they have expansion plans, but not have that use transported into the limited commercial and so -140- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 9 I was looking for a work around with the city attorney that would address that and I think he's got some good ideas here that would do that... PORTER: And you would just like to have those ideas go to P and Z and see what they think... MOLLOY: Right, and have some legislation come back that addresses that and then we take it out of this legislation and handle it in a different. PORTER: Okay...I'm sort of getting the feeling that several people would like this to go back to P and Z, so we do have a motion on the floor to amend. Would anyone like to take action on that or would you like to discuss this further. Councilman Eldridge. ELDRIDGE: Yeah, I agree with Councilman Molloy on the, some of the aspects of what the City Attorney has pointed out there seems to be a way to allow that business to expand and so on. I am not in agreement in dumping the whole thing back in P and Zs lap. I don't think that's appropriate I think there are, there are a couple of issues that may need to go back to P and Z. I don't think the whole, they've already been through this about three times now and I'm not sure they're going to come up with a whole bunch different and if we want to make some changes, we can make the changes here as council. PORTER: Councilman Smalley. SMALLEY: And, and to add to that, you know, the concept, one size fits all doesn't work with limited commercial because its a specific zone to go in, sort of as a buffer, between residential and /or business so they can work harmoniously together and not all of those areas within the city that are going to be limited commercial are going to be the same. They're going to have some dissimilarities and so, within the code, there has to be a way to reflect some changes in some limited commercial districts or zones would not necessarily be applicable to other areas and, and I, I, that's, I don't know how ticklish that is to set that up because it doesn't, one size of this zone doesn't fit all, all needs within the city. PORTER: Yes. Mr. Koch, do you want to say something? KOCH: In, in, some, you know, in some manner, the conditional use process does exactly what you describe there, is that one size doesn't fit all, so there is th.e opportunity and debate to see if something fits a particular and specific condition. -141- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 10 PORTER: Possibly what we could do is, if you decide to send it back, we could either vote on the portions that we agree with and send just a small section back, or send the entire, the entire ordinance back and ask them to just address one or two sections of it, so that they don't feel that were throwing the whole thing back again. That were not in agreement on some of it. So, what's the pleasure of council? Do you want to vote on the amendment? Councilman...Clerk, please call the roll. MOORE: Mayor Porter? PORTER: Oh yes, Councilman Moore. MOORE: Thank you, yes, before we vote, it's been very confusing from this end, what we will be voting on, if you could tell me. PORTER: Were basically voting on to move forward substitute C. Am I correct? Correct. Moving to, to put substitute C on the table. FREAS: On the floor... PORTER: On the floor, excuse me. MOORE: On the floor or for adopt, to adopt the ordinance? PORTER: Not to adopt the ordinance. Just to remove B and make it C to discuss. MOORE: Okay. PORTER: Okay? Thank you. Clerk, please call the roll. FREAS: Johnson? JOHNSON: Yes. FREAS: Moore? MOORE: Yes. FREAS: Eldridge? ELDRIDGE: Yes. -142- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 11 FREAS: Ross? ROSS: Yes. FREAS: Molloy? MOLLOY: Yes. FREAS: Boyle? BOYLE: No. FREAS: Porter? PORTER: Yes. FREAS: Smalley? SMALLEY: Yes. PORTER: All right council, we now, are, now we have substitute C that we are dealing with at this point. Pleasure of council. Councilman Ross. ROSS: I am still with Councilman Molloy's idea of sending it back to P and Z, were gonna, otherwise were going to sit here and try to amend tables and everything else and I'd rather that when it comes from P and. Z, it has the administration input as to the tables in front of us rather than us going through them here tonight. PORTER: Okay. Councilman Eldridge? ELDRIDGE: Ah, from what I've been hearing from Councilman Molloy, his primary concern is subparagraph, paragraph three of the ordinance, which is changing the automotive repair from not permitted to conditional use and then whatever applies to that in the whereas and in the table. So, if, if that's the primary concern as well as putting together a resolution, an ordinance to incorporate some language that the city attorney has put together to allow that, to business to expand, and put that into code, I think those are the issues that Councilman Molloy wants to see go back to P and Z to be perfected. And if those are the only issues, I would like to see us just pull that one -143 PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 12 paragraph out of there, that one particular reference, and then go ahead and send that and the other issue back down to P and Z. PORTER: Any other comments from council? Councilman Molloy, Boyle. BOYLE Yes Madam Mayor. I would, 1 would like to see the, see the questions divided here. It seems to me there are three different issues in here that I'd like to have planning and zoning address and if they could send them back to us separately, that would suit my needs as far as looking at this. PORTER: Just that one issue? BOYLE: Well there's, there's the issue of the, the automotive repair... PORTER: Correct... BOYLE: ...and then there's also the issues of clarifying the conditional use permit...I'vegotten so confused over this... PORTER: In the historic townsite. BOYLE: ...but the historic townsite is certainly one that I would like to see separately with a little more explanation. I think were targeting businesses that already exist. PORTER: But usually they're grandfathered in, so... Councilman Molloy. MOLLOY: Thank you. You know, I, I agree with council members that you know, me personally, and administration, and the city planner, and planning and zoning, have done a.lot of work on this and so has the public. You know, .that being said, I'm not saying my only issue is that issue. You know, I do have some other questions regarding the table and the competing tables and things like that and Council Member Ross has pointed out that we could spend a long time dealing with that. You know, I could move to take out the automotive repair now, or, we could, or I could address that later and, and 1 understand what Council Member Boyle is saying. He's saying that it might make more sense if we dealt with limited commercial zone and we dealt with townsite historic district separately and 1 have no objection to that, so I guess my druthers would be just to postpone and send it all back to planning and zoning with these comments and, and the memo from the city attorney and, and the city attorney -144- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 13 and, you know, I may be, you know, that he could come up with some proposed legislation on these subjects for them. PORTER: Okay. MOLLOY: So, so, so I guess I'll move to postpone Substitute C and, and for it to be sent back to planning and zoning and, then it would come back to as after planning and zoning is finished with it. PORTER: Would you like to put some specific areas that you would like planning and zoning to deal with so they have more direction rather than the whole ordinance again? FREAS: Should there be a second? BOYLE: Second. PORTER: Okay, it's been moved and seconded. Now, would you want to add anything? Yeah, fine. Just send the whole thing back. Any discussion on postponement? Councilman Boyle. BOYLE: Just to add again to divide the questions, separate the zones from each other. Thank you. PORTER: Okay, thank you. Clerk, please call the roll. FREAS: Johnson? JOHNSON: Yes. FREAS: Moore? MOORE: No. FREAS: Eldridge? ELDRIDGE: No. FREAS: Ross? -145- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 14 ROSS: Yes. FREAS: Molloy? MOLLOY: Yes. FREAS: Boyle? BOYLE: Yes. FREAS: Porter? PORTER: No. FREAS: Smalley? SMALLEY Yes. PORTER: Okay. Thank you. Council, we now... KOCH: Madam Mayor? PORTER: Yes? KOCH: If I could get, if administration could ask for some direction. I, I am, I understand back to planning and zoning. How about the division of this into three different pieces of legislation. Is that the body's desire. There wasn't any disagreement on the part of anyone from Counselor Boyle's suggestion, but I, I didn't see a lot of people, you know, a lot of people saying yes either. So, it, it doesn't matter to administration., we just want to do it the way you guys want us to do it. PORTER: Councilman Molloy. MOLLOY: I don't think two, three would be necessary, you know, I mean, were just talking about a limited commercial zone and tow historic district, so if, if, so that would just be two, I think. PORTER: Basically, what was the reason for including the historical district in there, since we were only, as far as I'm concerned dealing with L, limited commercial, -146- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 15 to start with, I think, that's where you're going, and also the issue with the automotive. KOCH: That would stay in the LC part, if it just gets split into PORTER: Councilman Boyle. BOYLE• I guess my concern is, I would like to see efforts taken to, to rectify the situation that the automotive service company has without going through a massive change of our code, If there's a way to do that, without changing our code, then let's do that. If we have to step backward and, and zone that general commercial, or whatever it is, but I'd like to see those other options explored without...I mean, I hate to, to think that if another situation comes up, our first thoughts are to go change the code rather than to see if we can fmd other ways to fix the problem. PORTER: Okay, Councilman Smalley. SMALLEY: Thank you Madam Mayor, and also planning and zoning should have a copy of the verbatim discussion that we've had so they're going to have an idea of what our concerns that what we'd like to see addressed, and so that will also give them some direction hopefully. PORTER: Councilman Ross. ROSS: The, the automotive situation is a situation that has basically been a problem since 2006 that's gone undiscovered. It has, I mean, that was a problem no matter what we've done in the last three years, am I correct? GRAVES: That's correct. ROSS: So, to go back and make the change there, I think is appropriate. if, at the time, I'rn not sure it had Anthony's Automotive sign out there when we were doing all this. I think it was still DeWayne Electrical... ELDRIDGE: Electric and plumbers. I think Anthony was working in the back. ROSS: So, I mean, and that business didn't object to the limited commercial designation so, the fact that were where were at now with particular business, we would have been there whether we would have been working on this limited commercial or not for the last year. Ifs a three- year-old problem. -147- PARTIAL VERBATIM KENAI CITY COUNCIL MEETING JUNE 3, 2009 PAGE 16 PORTER: Okay, so, do you have direction? Thank you. END OF VERBATIM. batim prepared and submitted by: Carol L. Freas, City Clerk -148- January 5,063 1,761 6,824 1 7,752 -928 322 7,146 February 4,369 1-602 5,971 7.032 -1,061 316 6,287 March 4,592 1,437 6,029 6,911 -882 I 328 6,357 AprII 4.233 1.571 I 5,804 7,057 -1,253 277 6,081 May 4,968 1543 6,611 7.572 -961 248 6,859 June 8,020 July 11,274 August 10.492 September 7,761 October 7,805 November 6,738 December 7,183 Totals 23,225 3014 31,239 95.597 -5.085 Month 75A 5% ERA GRANT AVIATION AVIATION Change Total 2008 from 2008 Janua Febr%a March X1p�ir May 5-year Comparison Chart 2007 2006 2005 2004 2003 7417 6,466 6,023 6326 6454 5431 5,433" 5.525 S$02 6,667 6,808 6,184 5,993 5.280 0:498 6,189 5;569 "5 5„ 3 7,391 7,071 5,974 5700 5,848 July 11506 11,370 10.860 10,654 9445 September 7,598 7,359 5886 6,838 6.435 November 7413 7,068 6.938 6,245 5,820 00#51 Totals 93,684 90,070 83,523 82,009 76;729 2007 2006 2005 2004 2003 95000 90000 85000 80000 75000 m Sene -149- 2009 ,61 1 K Combined AVIATION Month Total Municipal Airport Month APRIL Closed MAY 118 JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER FLOAT PLANE BASIN ACTIVITY 2005.2009 Slips Rented Private Commerical OPERATIONS 2009 $368 2008 0 0 0 2 66 0 99 114 118 72 151 317 242 178 265 327 192 221 251 238 119 173 136 227 48 30 51 100 Closed Closed Closed Closed t i 14 FUEL SALES 2009 2008 2007 9 0 -150- 2007 $561 $0 $3,443 $988 $3,252 $2.660 $3,506 $2,721 $1,735 $2,493 $100 $162 2006 2006 not reported 2006 2005 $0 $1,035 $909 $3,101 $3,138 $3,461 $2,023 $3,365 $2,051 $2,811 $297 $693 Rev 6/2008 Kenai Peninsula Borough June 16, 2009. 7:00 PM !3111 Martin ssembly President at 9 South Peninsula erm Expires 2009 A. B. C. ate Sprague D ssembly Vice President eat 4 Soldotna 'erm Expires 2010 E. 'aul Fischer ssembly Member eat 7 Central 'erm Expires 2010 1ary Knopp 'ssembly Member 'eat 1 Ifaii%ornsky erm Expires 2009 ng !sue _oly Member 'eat 6 East Peninsula 'erm Expires 2009 Tharlie Pierce tssemhiv Member ?eat 5- Sterling /Funny River "erm Expires 2011 ?al Smalley 4ssembly Member feat 2 Kenai Perm Expires 2011 4111 Smith 4ssembly Member feat 8 Homer Term Expires 2011 nary Superman 4ssembly Member Sear 3 Nikiski Term Expires 1010 G. J. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS 4ssemPly Regular Meeting Borough Assembly Chambers, Seddotna, Alaska APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk are considered to be routine and non controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda,) APPROVAL OF MINUTES 1. June 2, 2009 Regular Assembly Meeting Minutes 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS 1. Mayor's Proclamation Declaring June 21 through June 27, 2009 as "Weed Awareness Week" 18 PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. Janice Chumley, "Invasive Plants and Weed Pull" (10 minutes) 2. Kachemak Emergency Service Area, "Transition to Independent Service" (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) K. MAYOR'S REPORT 19 1, Agreements and Contacts a. Sole Source Request for Scott Revolve Air Charge Station 20 June 16, 2009 Page I of 5 -151- b. Authorization of Award of Contract for Seward High School Playfield Improvements 26 e. Authorization of Award of Contract for McNeil Canyon Elementary School Re -Roof 28 d. Waiver of Formal Bidding Procedures for Tires for the Central Peninsula Landfill and Horner Baling Facility 30 2. Other a Certification of the 2009 Main Roll Assessment 31 b. Memo re: KPB receiving Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting 32 e. SBB Program Monthly Status Report May 2009 34 d. Budget Revisions May 2009 38 e. Revenue Expenditure Report May 2009 42 L. ITEMS NOT COMPLETED FROM PRIOR AGENDA None M. PUBLIC HEARINGS ON ORDINANCES (Testimony limitedto 3 minutes per speaker) 1. Ordinance 2008- 19 -56: Accepting and Appropriating on Behalf of Bear Creek Fire Service Area a Grant in the Amount of $8,998.20 from the Alaska Department of Natural Resources (Mayor) (Referred to Finance Committee) 45 2. Ordinance 2008- 19 -57: Accepting and Appropriating on Behalf ofNikiski Fire Service Area a Grant in the Amount of $7,1.00 from the Alaska Department of Natural Resources (Mayor) (Referred to Finance Committee) 51 3. 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) (Referred to Finance Committee) 57 4. 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) (Referred to Policies and Procedures Committee) June 16, 2009 Page 2 of 5 -152- 70 5. 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) (Referred to Lands Committee) 78 6. Ordinance 2009 -31: Providing for a Vote on the Question of Adopting a Manager Plan of Government at the Next Regular Election Knopp, Sprague) (Second Hearing on 07/07/09) (Referred to Legislative Committee) 84 7. Ordinance 2009 -3 Establishing the Central Peninsula Multi -Use Facility Service Area (Sprague, Knopp) (Second Hearing on 07/07/09) (Referred to Legislative Committee) 88 N. UNFINISHED BUSINESS None 0. NEW BUSINESS 1. Bid Awards 2. Resolutions Resolution 2009 -050: Authorizing Award of a Contract for Nikiski Fire Station #2 Construction (Mayor) (Referred to Finance Committee) 95 Resolution 2009-051 Authorizing Capital Improvement Proj ect Cost Allocation and Award of Contracts for 2010 Group "A" Road Capital Improvement Projects (Mayor) (Referred to Finance Committee) 98 Resolution 2009 -052: Authorizing Project Cost Allocation and Award of Contract for the Roxi Street Capital Improvement Project (Mayor) (Referred to Finance Committee) 103 Resolution 2009 -053: Approving a Mutual Aid Agreement Between the Borough on Behalf ofKachemak Emergency Service Area and the City of Homer (Mayor, Martin, Smith) (Referred to Finance Committee) 109 Resolution. 2009 -054: Authorizing the Borough to Extend the Contract for Property and Casualty Insurance Broker of Record Services with Alaska USA Insurance Brokers (Mayor) (Referred to Finance Committee) 116 June 16, 2009 Page 3 of 5 -153- 3. Ordinances *a Ordinance 2008- 19 -61: Appropriating an Additional $240,000 from the Land Trust Fund for Project Costs Associated with the Borough Subdivisions in Hope (Mayor) (Shortened Hearing on 07/07/09) (Referred to Finance Committee) 119 *b. Ordinance 2009 -34: Amending KPB 17.10.180 to Provide Authority to Permit Temporary Use of Borough Land for up to Five Years and to Clarify the Process for Denial of Permit Applications (Mayor) (Hearing on 08/04/09) (Referred to Lands Committee) 128 *c. Ordinance 2009 -35: Providing for Submission to the Qualified Voters of the Kenai Peninsula Borough Central Peninsula Multi -Use Facility Service Area the Question of the Issuance of General Obligation Bonds of the Central Peninsula Multi-Use Facility Service Area in the Aggregate Principal Amount of Not -To- Exceed $25,500,000 to Pay a Portion of the Costs of the Capital Improvements, at an Election in and for the Central Peninsula Multi-Use Facility Service Area (Sprague) (Hearings on 07/07/09 and 08/04/09) (Referred to Legislative Commirtee) 133 *d. Ordinance 2009 -36: Amending KPB 5.12.090, Method of Determining the Full and True Value of Contaminated Property, to Allow the Assessor to Consider Property Contaminated upon Receipt of a Phase II Report or Equivalent Report (Mayor) (Hearing on 08/04/09) (Referred to Policies and Procedures Committee) 137 4. Other *e. Ordinance 2009 -37: Amending KPB 17.10.185 to Provide Authority to Enter into Agreements that Provide for Third Party Management of Public Trails on Borough Land (Mayor) (Hearing on 08/04/09) (Referred to Lands Committee) 140 a: Mayor's Veto of Ordinance 2009 -23 (Refereed to Policies and Procedures) 144 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. July 7, 2009 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS June 16, 2009 Page 4 of 5 -154- S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Resolution 2009 -017: Supporting the Proposed Closure of Portions of Peterson and China Poot Bays to Shellfish Harvest to Sustain Educational Use (Martin) (Referred to Legislative Committee) Tabled 03/03/09 2. Ordinance 2008- 19 -23: Appropriating $550,000 from the Nilciski Fire Service Area Capital Project Fund for Purchase of aNew Type A Fire Engine (Mayor) (Referred to Finance Committee) Tabled 11/18/08 3. 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 03/03/09 4. Ordinance 2009 -31: Providing for a Vote on the Question of Adopting a Manager Plan of Government at the Next Regular Election (Kropp, Sprague) (Second Hearing on 07/07/09) (Referred to Legislative Committee) Ordinance 2009 -32: Establishing the Central Peninsula Multi -Use Facility Service Area (Sprague, Knopp) (Second Hearing on 07/07/09) (Referred to Legislative Committee) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on July 7, 2009, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBBI -AM 890 (South Peninsula), K201A0 -FM 88.1 (East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714 -2160 or toll free within the Borough at 1 -800- 478- 4441, Ext. 2160, Visit our website at www, borough,kenat ak.us for copies of the agenda, meeting sunnearies, ordinances and resolutions. June 16, 2009 Page 5 of 5 -155- CITY OF KENAI NOTICE OF PUBLIC HEARING JUNE 17, 2009 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) at its regular meeting of June 17, 2009. 1. 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. 2. Ordinance No. 2416 -2009 Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070. 3. 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. 4. Resolution No. 2009 -25 Placing on the City of Kenai October 6, 2009 General Election Ballot the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393 -2009 that Amended the Official Kenai Zoning Map. 5. Resolution No. 2009 -26 Approving a Contract to G H Construction for the Project Entitled Kenai Boat Launch Ramp Plank Replacement 2009 for the Total Amount of $62,800.00. 6. Resolution No. 2009 -27 Authorizing a Budget Transfer Within the General Fund, Legislative and Legal Departments to Cover Costs for External Legal Services Associated with the Referendum Petition Related to City of Kenai Ordinance No. 2309 -2009. 7. Resolution No. 2009 -28 Authorizing a Budget Transfer Within the General Fund, Non Departmental and Manager Departments to Cover Costs in Excess of Budget Amounts. 8. Resolution No. 2009 -29 Authorizing a Budget Transfer Within the General Fund, Recreation and Parks Departments to Cover Costs in Excess of Budget Amounts. 9. Resolution No. 2009 -30 Authorizing the City Manager to Submit a Grant Application on Behalf of the City of Kenai for Energy Efficiency and Conservation Block Grants. 10. Resolution No. 2009 -31 Authorizing a Budget Transfer Within the Water Sewer Fund, Wastewater Treatment Plant Department for the Replacement of the Facility's Disinfection Control System. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, Kenai City Clerk Posted: June `12, 2009 AGENDA KENAI CITY COUNCIL REGULAR MEETING JUNE 17, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://vvww.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Brenda Crim Chugiak Baptist Organization /North /South Beach Volunteer Outreach Services. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. 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. 2. Ordinance No. 2416 -2009 Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070. 3. Ordinance No. 2417 -2009 Authorizing a Budget Transfer of $25,000 Within the General Fund and Increasing Estimated Revenues and Appropriations by 525,000 to Provide for Additional Funding for the Kenai Dock Improvements Project. 4. Resolution No. 2009 -25 Placing on the City of Kenai October 6, 2009 General Election Ballot the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393 -2009 that Amended the Official Kenai Zoning Map. 5. Resolution No. 2009 -26 Approving a Contract to G H Construction for the Project Entitled Kenai Boat Launch Ramp Plank Replacement 2009 for the Total Amount of $62,800.00. 6. Resolution No. 2009 -27 Authorizing a Budget Transfer Within the General Fund, Legislative and Legal Departments to Cover Costs for External Legal Services Associated with the Referendum Petition Related to City of Kenai Ordinance No. 2309 -2009. 7. Resolution No. 2009 -28 Authorizing a Budget Transfer Within the General Fund, Non Departmental and Manager Departments to Cover Costs in Excess of Budget Amounts. 8. Resolution No. 2009 -29 Authorizing a Budget Transfer Within the General Fund, Recreation and Parks Departments to Cover Costs in Excess of Budget Amounts. 9. Resolution No. 2009 -30 Authorizing the City Manager to Submit a Grant Application on Behalf of the City of Kenai for Energy Efficiency and Conservation Block Grants. 10. Resolution No. 2009 -31 Authorizing a Budget Transfer Within the Water Sewer Fund, Wastewater Treatment Plant Department for the Replacement of the Facility's Disinfection Control System. ITEM G: UNFINISHED BUSINESS None ITEM H: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15000. 3, *Ordinance No. 2418-2009 Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 1E Killen Estates Collier Replat from Suburban Residential to Rural Residential. 4. Discussion Status of Proposed Sprucewood Glen No.2 Subdivision 5. Discussion Salmon Task Force Findings /Proposed Natural Resources Commission. EXECUTIVE SESSION Annual Evaluations of City Clerk and City Manager ITEM N: ADJOURNMENT RMAI MASK The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http:Uwww.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE JUNE 17, 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 17, 2009. 1. 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. 2. Ordinance No. 2416 -2009 Amending KMC 14.15 (Numbering Buildings) by Deleting KMC 14.15.030(b) and Amending KMC 14.15.070. 3. Ordinance No. 2417 -2009 Authorizing a Budget Transfer of S25,000 Within the General Fund and Increasing Estimated Revenues and Appropriations by $25,000 to Provide for Additional Funding for the Kenai Dock Improvements Project. 4. Resolution No. 2009 -25 Placing on the City of Kenai October 6, 2009 General Election Ballot the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393 -2009 that Amended the Official Kenai Zoning Map. 5. Resolution No. 2009 -26 Approving a Contract to G 8s H Construction for the Project Entitled Kenai Boat Launch Ramp Plank Replacement 2009 for the Total Amount of $62,800.00. 6. Resolution No. 2009 -27 Authorizing a Budget Transfer Within the General Fund, Legislative and Legal Departments to Cover Costs for External Legal Services Associated with the Referendum Petition Related to City of Kenai Ordinance No. 2309 -2009. 7. Resolution No. 2009 -28 Authorizing a Budget Transfer Within the General Fund, Non Departmental and Manager Departments to Cover Costs in Excess of Budget Amounts. 8. Resolution No. 2009 -29 Authorizing a Budget Transfer Within the General Fund, Recreation and Parks Departments to Cover Costs in Excess of Budget Amounts. Adopted Ordinances /Resolutions June 17, 2009 Council Meeting Page 2 of 2 9. Resolution No. 2009 -30 Authorizing the City Manager to Submit a Grant Application on Behalf of the City of Kenai for Energy Efficiency and Conservation Block Grants. 10. Resolution No. 2009 -31 Authorizing a Budget Transfer Within the Water Sewer Fund, Wastewater Treatment Plant Department for the Replacement of the Facility's Disinfection Control System. 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 18, 2009