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Home My WebLink About2009-07-01 Council PacketCOUNCIL MEETING DATE: 7~/1d Ma or/Council Attorney Taylor/Floyd Clerk ✓ City Mana er Kebschull/Carver Police Department ✓ Finance r Ole Senior Center f Airport ✓ Christine Library (2) Parks & Recreation Clarion Fire De artment Schmidt Mellish Student Pe . Hail Binder AGENDA DISTRIBUTION Sewer Treatment Plant Streets Shoe Dock Buildin Maintenance Animal Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. COUNCIL MEETING OF: � � /, � g Page / of 7� �� Oda_ _Jn /.,Fr 22 Oda_ _Jn /.,Fr 22 AI I ,1. 7.PV/0 PORTER SMALLEY .. - Al BOYLEPORTER_- SMALLEY ••ELDRI rl �00 ■ MOLLOYBOYLE PORTER SMALLEY ••- •' _-� COUNCIL MEETING OF: lljy,,41- �e� Eue Page A of • ROSS MOLLOY BOYLE PORTER SMALLEY 'MOORE li ELDRIDGE 000 )OHNSON ROSS MOLLOY BOYLE PORTER SMALLEY MOORE ELI � ROSS MOLLOY BOYLE PORTER SMALLEY MOORE ffm nip I COUNCIL MEETING OF: 7// Page of X rel 1 Im pvrx I E& SMALLEY 1102, ROSS MOLLOY BOYLE PORTER SMALLEY ISO T-1-tow —6-ishmmolimm ROSS MOLLOY BOYLE 'PORTER ==_ SMALLEY MOORE MEE� ROSS MOLLOY BOYLE PORTER SMALLEY MOORE ELDROGE COUNCIL MEETING OF: //// /pf f Euo wim-lom ROSS MOLLOY BOYLE PORTER SMALLEY MOORE ELDRIDGE Page of 7 ROSS MOLLOY 000 MOLLOY BOYLE PORTER SMALLEY MOORE ELDMUG-E ROSS MOLI-dY-- BOYLE PORTER SMALLEY MOORE ELDRIDGE JULY 1, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS/CHANGES TO THE PACKET REQUESTED BY: ADD TO: Item 2, Ordinance No. 2365-2008 -- Other municipality salary/ benefit information. MAYOR CONSENT AGENDA No changes. rT.n KENAI CITY COUNCIL — REGULAR MEETING JULY 1, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httiD://www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda 5. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. 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....................................................................................................... 1 (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.) a._ _ Ordinance No. 2347-2008_(Substitute A/Molloy) --_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 .............................. 14 b. Ordinance No. 2347-2008 (Substitute B/Koch) -- 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 .............................. 28 2. 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........................................................................ 35 (Clerk's Note: Ordinance No. 2365-2008 was tabled to the first meeting in July, 2009, to allow for further consideration of a salary increase during the budget FYI budget process.) (The motion to adopt is active. A motion to remove from the table, and its passage, is required before consideration of the ordinance may proceed.) 3. Ordinance No. 2394-2009 -- Increasing Estimated Revenues and Appropriations by $45,501 in the Airport Fund and by $1,820,000 in the Runwav Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project........................................................... 39 (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.) a. Ordinance No. 2394-2009 (Substitute) -- Increasing Estimated Revenues and Appropriations by $107,983 in the Airport Fund and by $4,319,316 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project.. 41 4. Ordinance No. 2403-2009 (formerly Substitute C) -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries From Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH) and Tattoo Parlors, Massage Therapists, Dry Cleaners and Self - Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone(LC)..................................................................................................... 43 (Clerk's Note: At_the _June 3; 2009 meeting; Ordinance No. 2403-2009_was amended with Substitute C and subsequently postponed, no time certain. The motion to adopt Ordinance No. 2403-2009 is active.) a. Ordinance No. 2403-2009 (Substitute) -- 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) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 4) Require Tattoo Parlors, Massage Therapists, Dry Cleaners and Self -Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC)....... 49 5. 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...................................................................... 61 6. Resolution No. 2009-32 -- Encouraging and Supporting the Efforts of All Involved Oil Industry Businesses and Agencies to Develop a Safe Plan to Allow Continued Production at the Oil Industry Facilities on the West Side of Cook Inlet. . ............................................................................................................ 66 7. Resolution No. 2009-33 -- Expressing Appreciation to State of Alaska Senator Tom Wagoner, Speaker Mike Chenault and Representative Kurt Olson for Their Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session................................................................. 68 8. Resolution No. 2009-34 -- Expressing Appreciation to Governor Sarah Palin for Her Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session... ......................... ..................... 70 9. Resolution No. 2009-35 -- Awarding the Bid to Peninsula Pumping, Inc. for Portable Restrooms Rental--2009 for the Total Amount of $21,330.00............... 72 10. Resolution No. 2009-36 -- Authorizing Kenai Hangar, LLC be Granted the Contractual Right for a 20-Year Lease Renewal for a 35-Year Lease on Lot 11, Block 1, F.B.O. Subdivision and a Portion of Lot 10, Block 1, F.B.O. Subdivision, Designated as Lot 1 IA According to Preliminary Plat .................. 74 11. Resolution No. 2009-37 -- Requesting the State of Alaska Amend the Alaska Statutes to Expand and Broaden Regulation of Smoking in Places of Employment.................................................................................................. 110 12. Resolution No. 2009-38 -- Authorizing the City Manager to Enter Into an Automated Teller Machine (ATM) Concession Agreement for the Kenai MunicipalAirport.......................................................................................... 112 13. Resolution No. 2009-39 -- Authorizing the City Manager to Enter Into a Fuel Dispensing Concession Agreement for the Kenai Municipal Dock ...................... 114 ITEM E: MINUTES 1. *Regular Meeting of June 17, 2009.................................................................. 118 2. *May 18, 2009 Kenai City Council/Salmon Task Force Work Session Notes....... 137 3. *May 20, 2009 Kenai City Council Work Session Notes ..................................... 139 4. *May 26, 2009 Kenai City Council Work Session Notes ..................................... 142 ITEM F: ITEM G: 1. Ratification of Bills......................................................................................... 144 2. Approval of Purchase Orders Exceeding$15,000.............................................. 145 3. *Ordinance No. 2419-2009 -- Increasing Estimated Revenues and Appropriations by $7,299.30 for the Acquisition of Property Foreclosed Upon by the Kenai Peninsula Borough for Unpaid Property Taxes to Be Retained for a PublicPurpose by the City........................................................... I.................. 147 4. *Ordinance No. 2420-2009 -- Increasing Estimated Revenues and _Appropriations by 830,000 for the Replacement of a Police Cruiser Destroyed During Pursuit of a Suspect .................. ..................................... I.................... 151 5. *Ordinance No. 2421-2009 -- Amending: 1) KMC 14.25.040(b) by Requiring Screening 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 Developments May Be Required to Provide Frontal Roads; and, 3) KMC 14.25.070 by Providing a Mechanism to Apply for Variances. 152 6. *Ordinance No. 2422-2009 -- Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non -Conforming Uses to Expand ............................... 160 7. *Ordinance No. 2423-2009 -- Appropriating Fifteen Thousand Dollars to Provide for Public Information of Ballot Proposition A, the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393-2009 that Amended the Official Kenai Zoning Map......................................................................... 164 8. Approval -- Vacation of the 66-Foot Right -of -Way Easement (33 Feet on Each Side) Adjacent to Government Lots 28 and 29; and Any Associated Utility Easements as Reserved in Original BLM Patent 1195867 and 1220887; Within Section 33, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, Within the City of Kenai and the Kenai Peninsula Borough; KPB File 2009-073; KPBPC Resolution No. 2009-15; Location: City of Kenai............................................................................................................ 166 9. Approval -- Patent Rights -of -Way Vacation/Vacation of the South 33-Foot Patent Rights -of -Way in Government Lots 173 and 174; and Vacation of the East 33-Foot Patent Rights -of -Way in Government Lot 174 and 123, Excluding the Area That Will Underlie Floatplane Road Dedication Proposed on Kenai Cemetery Expansion Plat; All Within Section 31, Township 6 North, Range 11 West, Section 6, Within Township 5 North, Range 11 West. Patent Easements Reserved in Patent Numbers 1227249, 1227251 and 1154765, Recorded in Book 22, Pages 37 and 127 and Book 43, Page 168; Kenai Recording District; SewardMeridian, Alaska................................................................................ 186 10, Approval -- Rental Agreement/Chevron North America Exploration and Production Company -- Office Space/Alaska Regional Aircraft Fire Training Center........................................................................................................... 209 11. Approval --City Attorney Contract/Krista Stearns ........................................... 221 12. Discussion -- Salmon Task Force Findings/Proposed Natural Resources Commission.................................................................................................. 233 13. Discussion --Central Peninsula Multi -Use Facility... ....................................... 261 ITEM H: COMMISSION/COMMITTEE REPORTS 1. Council on Aging ....... .................................... 2. Airport Commission........................................................................................ - 3. Harbor Commission....................................................................................... 4. Library Commission....................................................................................... S. Parks & Recreation Commission.................................................................... . 6. Planning & Zoning Commission...................................................................... 303 7. Miscellaneous Commissions and Committees a. Beautification Committee........................................................................... b. Alaska Municipal League Report................................................................. -- c. Mini -Grant Steering Committee.................................................................. -- d. Advisory Cemetery Committee.................................................................... 312 e. Kenai Convention & Visitors Bureau........................................................... 316 f. Reports of KPB Assembly, Legislators and Councils ...................................... -- ITEM I: REPORT OF THE MAYOR ........................................................ -- ITEM J: 1. City Manager................................................................................................. 2. City Attorney.................................................................................................. 3. City Clerk...................................................................................................... ITEM K: 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. 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.) Ordinance No. 2412-2009 -- Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (101 Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412-2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412-2009 is active.) -- Annual Evaluations of City Clerk and City Manager. ITEM M: ADJOURNMENT INFORMATION ITEMS JULY 1, 2009 Page No. 1. 6/17/2009 Purchase Orders Between $2,500 and $15,000 for council review.. . ......................................................................................................... 318 ry Suggested by: Council Member Molloy tti�.y�f KENAI. ALIIffiKA Clay OF KENA,I i3�7�7t�51':i,�,[s�37��f��►Iti3rb'Ti7�'1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the City in the City Council; and, WHEREAS, KMC 1.15 Rules of Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC 1.15 requires all. meetings of the Council to be open to the public; actions of the C6uncil be taken in public meetings; provides for an agenda for Council meetings and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC 1.15 currently does not require any notice to the public or publication of the Council meeting agenda, or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1.15 is notice of the proposed ordinances; and the sole requirement for notice before Council's final vote is that, after passage on the first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage, with the first publication to be at least five (5) days prior to the time advertised for public hearing; and, WHEREAS, KMC 1.15 currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption; or to request a discussion item for the agenda of a Council meeting, and to obtain the placement of such ordinance, resolution, or discussion item on the agenda of a Council meeting; and, WHEREAS, KMC 1.15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for scheduled comment or scheduled presentation by a member of the public; and, WHEREAS, the City of Kenai has practices for publication and notice to the public of the agenda items for Council meetings; unwritten practices for preparation and distribution of the agenda and meeting packet for Council meetings; and unwritten practices for the processing of requests for discussion items by Council members, and New Text Underlined; [DELETED TEXT BRACKETED] 0 Ordinance No. 2347-2008 Page 2 of 5 for requests for scheduled presentations and scheduled comments by members of the public for Council meetings; and, WHEREAS, it is in the best interest of the City of Kenai, and the public it serves, for the City to establish written regulations (in the City Code), and written policies and procedures for: (1) public notice of Council meetings; (2) publication of Council meeting agendas; (3) development, publication and (public) distribution of the Council meeting packet; (4) processing requests to make scheduled public presentations or comments to the City Council; and (5) Mayor/Council Member's legislative rights, including getting discussion items on agenda -- all adequately in advance of the Council meeting, to facilitate public participation in the City's business at the City Council meetings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is hereby amended by repealing the existing KMC 1.15,040 and KMC 1.15.050(c) and re-enacting KMC 1.1.5.040 as follows: SECTION ONE KMC 1.15.040 Agenda is repealed and re-enacted as follows: [THE AGENDA FOR EACH MEETING OF THE CITY COUNCIL SHALL BE PREPARED BY THE CITY CLERK AFTER CONSULTATION WITH THE CITY MANAGER AND THE MAYOR. SUCH AGENDA SHALL BE DISTRIBUTED BY THE CITY CLERK TO EACH MEMBER OF THE COUNCIL AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE MEETING, AND NO FURTHER ITEMS SHALL BE ADDED TO THE AGENDA EXCEPT BY MAJORITY VOTE OF THE COUNCILMEN PRESENT AT A MEETING.] 1.15 040 Agenda and, Packet - Development - Preparation - Distribution - Publication- Late Materials. placed on the agenda of the regular Council meeting requested bar the sponsor. (b)- , The Mavor or other. Council member may request a discussion item be (c) For Administration, the City Manager may propose an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be Council. New Text Underlined; (DELETED TEXT BRACKETED) IN Ordinance No. 2347-2008 Page 3 of 5 (d) A member of the public may request that a matter be placed on the scheduled public comment portion of the agenda does not limit or restrict the requester's ability to speak on any other issue(s) during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings, and citizen discussion A member of the public may comment or testifv during those portions of meeting. (e) A sponsor, all co-sponsors, or a requester may request that an item be over or postponed from aprevious agenda. jf1 The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs (a) through fe). A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization. (g) Notice of the date time, place, and final agenda for each Council meeting shall be given to the_public by publication in a newspaper of general circulation and publication to be done no later than five (51 days prior to the date of the Council W Once the fmal agenda is published as provided in paragraph fg), no item may be removed or added to the agenda except by majority vote of the Council members present at the meeting. (11 A meeting packet, containing the final agenda, all legislative items, and Council meeting. provided to anv member of the public or to anv organization upon request five (5) New Text Underlined; [DELETED TEXT BRACKETED] -3- Ordinance No. 2347-2008 Page 4 of 5 days prior to the date of the Council meeting. At least one paper copy of the meeting packet shall be made available to the public at the meeting. (k) Except for written public comment on agenda items, and emergency agenda item materials, any written material related to an agenda item that is submitted too late to be included in the meeting packet shall not be considered by Council members, unless such late materials are submitted to the Citv Clerk no later than 3:00 pm the day of the meeting. and the Council affirmatively votes to add such late materials to the agenda item at the meeting. The Citv Clerk shall provide paper copies of such late material to the Council, and shall make paper copies of such late materials available to the public at the meeting. The City Clerk also shall provide to Council, and make available to the public at the meeting, paper copies of written public comments on agenda items that are submitted too late to be included in. the meeting packet. (1) The Administration may develop policies and procedures to implement this section, subiect to the review and approval of Council. SECTION TWO KMC 1.15.050 Order of Business, paragraph (c) is repealed. (a) The order of business for every regular meeting of the City Council may be outlined on an agenda deemed to be most effective for regular Council meetings. The order of business may be specified by a written agenda or calendar or other customary designation for scheduling of the order of business. (b) A guide for the Council's agenda, but not a mandatory format for the order of business, can be as follows: (1) Roll Call: Agenda approval, consent agenda; (2) Public Hearing (for ordinances or programs as announced); (3) Persons Scheduled to be heard; (4) Correspondence (reading verbatim not required if copies distributed to the entire Council); (5) Old Business; (6) New Business; (7) Reports; (8) Persons Present but not scheduled to be heard. [(C) THE COUNCIL'S AGENDA MAY BE PREPARED BY AN APPROPRIATE ADMINISTRATIVE OFFICER AND WHEN SO PREPARED SHALL CONSTITUTE THE AGENDA FOR THAT MEETING. AGENDA FOR SPECIAL MEETINGS WILL USUALLY NOT INCLUDE AS MANY SUBJECTS AS AGENDA FOR REGULAR MEETINGS.] New Text UndedHned; (DELETED TEXT BRACKETED1 13 Ordinance No. 2347-2008 Page 5 of 5 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first flay of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: September 3, 2008 Second Reading: September 17, 2008 Third Reading and Postponed: January 21, 2009 Fourth Reading: July 1, 2009 Adopted: July 1, 2009 Effective; August 1, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -5- MEHO TO: Mayor, Council, & Administration �j FROM: Bob Molloy ' Lek BATE: 01-14-09 �' SUBJECT: ORDINANCE NO. 2347-2008, Substitute B: Agenda And Packet - Development -Preparation -Distribution -Publication - Late Materials To facilitate discussion, this is to provide you with a summary of intent, the existing ordinances, and Substitute B in reader -friendly format. Summary of Intent The City of Kenai has practices for publication and notice to the public of the agenda items for City Council meetings; unwritten practices for preparation and distribution of the agenda and meeting packet for Council meetings; and unwritten practices for the processing of ordinances, resolutions, requests for discussion items, and requests for presentations and comments by members of the public for Council meetings. It is in the best interest of the City of Kenai, and the public it serves, for the City to establish written regulations (in the City Code), and written policies and procedures for: (1) public notice of Council meetings; (2) publication of Council meeting agendas; (3) development, publication and (public) distribution of the Council meeting packet; (4) processing requests to make scheduled public presentations or comments to the City Council; and (5) Mayor/Council Member's legislative rights, including getting discussion items on agenda -- all adequately in advance of the Council meeting, to facilitate public participation in the City's business at the City Council meetings. j Existing KMC 1.1.5.040 Agenda: The agenda for each meeting of the City Council shall be prepared by the City Clerk after consultation with the City Manager and the Mayor. Such agenda shall be distributed by the City Clerk to each member of the Council at least twenty-four (24) hours prior to the meeting, and no further items shall be added to the agenda except by majority vote of the Councilmen present at a meeting: Existing KMC 1.15.050 Order of business. Paragraph (c): e (c) The Council's agenda may be prepared by an appropriate administrative officer and when so prepared shall constitute the agenda for that meeting. Agenda for special meetings will usually not include as many subjects as agenda for regular meetings. H ORDINANCE NO.2347-2008 Substitute B• KMC 1.15.040 Agenda is repealed and re-enacted as follows: 1.15.040 Agenda and Packet - Development — Preparation — Distribution — Publication - Late Materials. (a) The Mayor or other Council member may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council member may request a discussion item be placed on the agenda of a regular Council meeting, and such digcn?c inn item_ ch_aii_ he placed on the agenda np+ e regular Council meeting requested by the sponsor. ^ (c) For Administration, the City Manager may propose an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting, requested by the City Manager. For Administration, the City Manager may request that a matter be placed on the agenda of a regular Council meeting as an item for discussion, review or action by Council. (d) A member of the public may request that a matter be placed on the agenda of a regular Council meeting for comment or presentation, and the matter shall be placed on the agenda of the regular Council meeting requested or agreed to by the requester, for scheduled public comment or presentation by the requester, subject to policies and procedures adopted under paragraph (l) below. Being placed on the scheduled public comment portion of the agenda does not limit or restrict the requester's ability to speak on any other issue(s) during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings, and citizen discussion. A member of the public may comment or testify during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings and citizen discussion, or as otherwise allowed by the Mayor or other chair of the meeting. (e) A sponsor, all co-sponsors, or a requester may request that an item be removed from the agenda, before the agenda is published as provided in paragraph (g), and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda (f) The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager, subject to paragraphs (a) through (4 A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization. (g) Notice of the date, time, place, and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall, with publication to be done no later than five (5) days prior to the date of the Council meeting, and posting to be done no later than five (5) days prior to the date of the Council meeting. In addition, notice of the date, time and place of -I. each Council meeting may be given by broadcast media. The date of the Council meeting shall not be counted for purposes of calculating these deadlines. (h) Once the final agenda is published as provided in paragraph (g), no item may be removed or added to the agenda except by majority vote of the Council members present at the meeting. (i) A meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, shall be distributed to the Mayor, other Council members, and the City Manager, 0) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided, to the Kenai Community Library, in order to be made available for public viewing, five (5) days prior to the date of the Cburcil meeting. The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request, five (5) days prior to the date of die Council meeting. At least one paper copy of the meeting packet shall be made available to the public at the meeting. (k) Except for written public comment on agenda items, and emergency agenda item materials, any written material related to an agenda item that is submitted too late to be included in the meeting packet shall not be considered by Council members, unless such late materials are submitted to the City Clerk no later than 3:00 pm the day of the meeting, and the Council. affirmatively votes to add such late materials to the agenda item at the meeting. The City Clerk shall provide paper copies of such late material to the Council, and shall make paper copies of such late materials available to the public at the meeting. The City Clerk also shall provide to Council, and make available to the public at the meeting, paper copies of written public comments on agenda items that are submitted too late to be included in the meeting packet. (1) The Administration may develop policies and procedures to implement this section, subject to the review and approval of Council. 2. KMC I,15.050 Order of Business, paragraph (c) is repealed. VNage witk a Past, C# witk a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 04 Telephone: 907-283-7535 / FAX: 907-283-3014 1992 tneutyaf KENNAA�LASK TO: City Council FROM: Rick Koch DATE: January 15, 2009 SUBJECT: Ordinance 2347-2008, Substitute B The purpose of this correspondence is to discuss the above referenced ordinance. The time certain requirements of the proposed Ordinance (KMC 1.15.040(g) & 0)) will limit the administration's ability to respond to Council requests for additional information "at the next meeting". Any Council request for information, or for additional information on an item before the Council, would not be able to be answered until the second meeting (month minimum) following when the request was made. Timelines I have attached a spreadsheet identifying the tasks and schedule under the present process for preparing an agenda, public advertising, and packet distribution. Under the existing code, following the first meeting of the month, there are three working days prior to a staff meeting with the manager to discuss the draft Council meeting ag g to respond to and/or research.. items for which agenda. As -Is this is not a teat deal of time ', the Council may have questions. The timeline as dictated by proposed Ordinance 2347-2008, Substitute B, would give staff and the manager one working day to prepare information and materials prior to a meeting to discuss the draft agenda. With the exception of the requirement for newspaper publication 5 days in advance (not counting the meeting day) the city clerk already meets the requirements of the proposed ordinance. There have been exceptions when unforeseen circumstances occur, such as equipment malfunctions. Administration recommends that publication and distribution deadlines be a component of a policy that also recognizes unforeseen events may occur, which could delay meeting those deadhnes. In policy, the administration recommends maintaining the existing newspaper publication deadline of the Monday preceding the Wednesday meeting, or three days (including the meeting day). Thank you for your attention in this matter. attachment -10- Existing Timeline for Agenda Council Packet Preparation Timeline under Ordinance 2347-2008 Days Prior to Council 13 12 11 10 9 8 7 6 5 4 3 2 1 0 Meeting Day of wed Thu Fri Sat Sun Mon Tue Wed Tim Fri Sat Sun Mon True Wed Week 1. Clerk add/deletes items from agenda & distributes for final review Staff & Staff & Staff & 1. Clerk 1. Materials 2. City Clerk First Manager Manager Manager prepares for Packet Materials for sends Agenda Agenda is Second Present Council Prepare Prepare Prepare items draft agenda from Stall to Packet to to Newspaper Advertised in Council Timeline Meeting Items for Items for Weekend Weekend fo neat 2. Staff Manager Clerk from 3. Clerk Weekend Weekend pen7nsulz Meeting ofthe next next Council Meeting to 2 Attorney Manager Produces Clarion of the Month Council Council Discuss Draft Packet & Month Meeting Meeting - Meeting Agenda Reviews items Distributes to Council 4. Clerk uploads packetto wehsite & posts agenda at City Hail L City Clerk 1. dark Produces 1. Agenda is Staff& prepares 1. Materials Packet& Advertised in First Manager draft Distributes to Second Proposed council Prepare agenda for Packet Materials for City Clerk Council 2. Peninsula Council Timeline Meeting Items for 2. Staff Weekend Weekend from Staff to Packet to sends Agenda Clerk uploads Clarion Weekend Weekend Meeting under Ord. of the next Meeting Manager 2. Clerk from to Newspaper packet to A 2. genda is of the 2341-2008 Month Council to Discuss _ Attorney Manager website & posted on Month Reviews Items website & at Meeting Draft agenda is City Hall Agenda - posted at City Hall "Villaye with a Past Gi`t®y with a Future„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.cLkenai.ak.us the ci�, MEMORANDUM KEN L LASKA TO: Mayor/Council Members FROM: Carol L. Freas, City d r DATE: January 14,2009 RE: ORDINANCE N0. 2347-2008, SUBSTITUTE $ I am submitting the following comments after review of Ordinance No. 2347-2008, Substitute B: • Substitute B, Page 2, Item KMC 1.15.040(c) -- The City Clerk and City Attorney also propose ordinances and resolutions. Suggested amendments: (c) For Administration, the City Manager, City Clerk, and City Attorney may propose an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting, requested by the City Manager City Clerk, or Citv Attornev. For Administration, the City Manager, City Clerk, or City Attorney may request that a matter be placed on the agenda of a regular Council meeting as an item for discussion, review or action by Council Substitute B, Page 3, Item KMC 1.15.040(e) -- The phrase "before the agenda is published" does not identify newspaper deadline requirements. Suggested amendment: (e) A sponsor, all co-sponsors, or a requester may request that an item be removed from the agenda, [BEFORE THE AGENDA IS PUBLISHED] prior to agenda publication submission deadlines as provided in paragraph (g), and such item shall be removed from, the agenda, unless the item has been carried over or postponed from a previous agenda, • Substitute B, Page 3, Item KMC 1.15.040(g) --Capitalize "official bulletin board" as it refers to a specific bulletin board situated outside the Clerk's Office/Council Chambers. • Substitute B, Page 3, Item KMC 1.15.0400) -- Reference to "...cause a paper copy or electronic copy of the meeting packet to be provided...". An electronic copy of the packet is made available on the City's webpage and forwarding an electronic copy would be a duplication. of effort. In addition, written request for paper copies of packets are required by office policy. —12— Memorandum January 14, 2009 Page 2 of 2 G) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing, five (5) days prior to the date of the Council meeting. The City Clerk shall cause a paper copy [OR ELECTRONIC COPY] of the meeting packet to be provided to any member of the public, or to any organization, upon written request, five (5) days prior to the date of the Council meeting. At least one paper copy of the meeting packet shall be made available to the public at the meeting. PublinnHo S deadline concerns e The deadline for printing of the packet, having packets available for council, public, administration, etc. does not allow for unforeseen circumstances, i.e. electrical problems, building maintenance problems (lack of heat), etc. r The shortened period of time from the completion of one council meeting to preparing the packet for the next council meeting leaves very little time for preparation of council meeting minutes (as well as other items from other departments needing to be included in packets) along with other duties of the position. Information received from my newspaper contact indicates the following timelines for submission of the agenda ad: I. The "tracer" would be prepared on Monday or Tuesday (the tracer is done in-house for scheduling purposes and is done automatically for my ads because they are done on a permanent basis). The tracer for council agenda ads is 2 x 15 to ensure enough space is saved to accommodate the ad. If not, the ad. font would be downsized in order to fit it in to the 2x1.5 space. 2. Initial submission of the agenda would need to be submitted to the paper by 4:00 or 5:00 p.m. on Wednesday, but no later than Thursday, by 9:00 a.m. When the ad is submitted to the paper and is measured, etc, it goes next to composition. Composition finishes their work by 3:00 or 4:00 p.m. on Thursday when the paper is put to film. Film is from what the paper is printed. A drop dead time to make any changes to the ad would be Noon on Thursday to allow Composition to make any adjustments needed to accommodate our ad. Additionally, because the Friday paper is very large, with many competing ads included, without paying extra to have the ad placed on a specific page, there would be more of a chance for the council agenda ad to be placed in the second or third sections. To have more of a chance to have the ad placed closer to the front of the paper, without extra cost incurred, it is more advantageous to run the ad in the Monday paper. -13- SUBSTITUTE A Suggested by: Council Member Molloy tke city o f KENAI, OLQSItA CITY OF KENAI Fi7:7�r31iJ��Z+Ia'fv[+�+Tc^ rr:« AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the City in the City Council; and, WHEREAS, KMC 1.15 Rules of Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC I.IS requires all meetings of the Council to be open to the public, actions of the Council be taken in public meetings, provides for an agenda for Council meetings, and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC 1.15 currently does not require any notice to the public or publication of the Council meeting agenda or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1.15 is notice of the proposed ordinances, and the sole requirement in KMC 1..15 for notice before Council's final vote is that, after passage on the first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage, with the first publication to be at least five (5) days prior to the time advertised for public hearing; and, WHEREAS, while the City of Kenai has practices for publication and notice to the public of the agenda items, it is in the best interest of the City of Kenai to establish written procedures and requirements for notice to the public and publication of the agenda for a Council meeting, and for making available to the public -a meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, for the Council meeting, sufficiently in advance of the Council meeting in order to facilitate public participation in the City's business at the Council meeting; and, WHEREAS, KMC 1.15 currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption, or to request a discussion item for the agenda of a Council meeting, and to obtain the placement of such ordinance, resolution, or discussion item on the agenda of a Council meeting; and, New Text Underlined; [DELETED TEXT BRACKETED] M Substitute A Ordinance No. 2347-2008 Page 2 of 4 WHEREAS, KMC 1.15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for scheduled public comment or presentation by the requesting member of the public; and, WHEREAS, while the City of Kenai has practices for preparation, distribution and publication of the agenda for Council meetings, including the processing of ordinances, resolutions, requests for discussion items, and requests for presentations and comments by members of the public, including placement of such items on the agenda of the Council meeting, it is in the best interest of the City of Kenai to establish regulations, policies and procedures for these matters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is hereby amended by repealing the existing KMC 1.15.040 and KMC 1.15.050(c) and re-enacting KMC 1.15.040 as follows: SECTION ONE (a) The Mayor or other Council Member, City Clerk, Citv Attornev. or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council Member, City Clerk, Citv Attorney: or City Manager may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. [(c) FOR ADMINISTRATION, THE CITY MANAGER MAY PROPOSE AN ORDINANCE FOR INTRODUCTION OR A RESOLUTION FOR ADOPTION, AND SUCH ORDINANCE OR RESOLUTION SHALL BE PLACED ON THE AGENDA OF THE REGULAR COUNCIL MEETING, REQUESTED BY THE CITY MANAGER, FOR ADMINISTRATION, THE CITY MANGER MAY REQUEST THAT A MATTER BE PLACED ON THE AGENDA OF A REGULAR COUNCIL MEETING AS A DISCUSSION ITEM.] [D] (c) A member of the public may request that a matter be placed on the agenda [OF A REGULAR COUNCIL MEETING FOR COMMENT OR PRESENTATION, AND THE MATTER SHALL BE PLACED ON THE AGENDA OF THE REGULAR COUNCIL MEETING REQUESTED OR AGREED TO BY THE REQUESTER, FOR SCHEDULED PUBLIC COMMENT OR PRESENTATION BY THE REQUESTOR, SUBJECT TO POLICIES AND PROCEDURES ADOPTED UNDER PARAGRAPH (L) BELOW] subject to policies and procedures adopted under paragraph (k). Being Dlaced on the agenda on the "Persons Scheduled to Be Heard" portion of the agenda does not limit or restrict the requestor's ability to speak on a different subject for which Dublic comment is allowed. New Text Underlined; [DELETED TEXT BRACKETED] -15- Substitute A Ordinance No. 2347-2008 Page 3 of 4 (E] jd) A sponsor, all co-sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under the policies and procedures adopted under paragraph (k) [AS PROVIDED I_N PARAGRAPH (G)] and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. [G]ff Notice of the date, time, place and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall under policies and procedures adopted under paragraph (k). Additional public notice of meetings may be given by other means. [WITH PUBLICATION TO BE DONE NOT LATER THAT SIX (6) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING, AND POSTING TO BE DONE NO LATER THAN 5:00 P.M. SEVEN (7) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. IN ADDITION, NOTICE OF THE DATE, TIME AND PLACE OF EACH COUNCIL MEETING MAY BE GIVEN BY BROADCAST MEDIA. THE DATE OF THE COUNCIL MEETING SHALL NOT BE COUNTED FOR PURPOSES OF CALCULATING THESE DEADLINES.] [I} (h) A meeting packet containing the final agenda, all legislative items, and all supporting documentation for all agenda items shall be distributed to the Mayor, Council Members, and the City Manager. [BY NO LATER THAT 5:00 P.M. SEVEN DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. DISTRIBUTION SHALL BE MY MAIL, UNLESS THE RECIPIENT OPTS FOR ANOTHER METHOD OF DISTRIBUTION, SUCH AS PERSONAL PICK UP, ELECTRONIC MAIL, FAX OR COURIER SERVICE. FAX OR COURIER SERVICE IS ONLY AVAILABLE FOR RECIPIENTS WHO WILL BE OUT OF THE CITY OF KENAI DURING THE WEEK PRECEDING A COUNCIL MEETING.] [J] (I) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under paragraph (k). [BY 5:00 P.M. SEVEN (7) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under paragraph W. [BY 5:00 P.M. SIX (6)_DAYS _PRIOR TO THE DATE OF THE COUNCIL MEETING.] At least one paper copy of the meeting packet shall be made available to the public at the meeting.` W The City clerk shall provide paper copies of any late materials to the Mayor, each Council Member City Manager, and City Attornev. The City Clerk shall also make paper copies of late materials available to the public at the meeting. New Text Underlined; [DELETED TEXT BRACKETED; -16- Substitute A Ordinance No. 2347-2008 Page 4 of 4 [(k) EXCEPT FOR WRITTEN PUBLIC COMMENT ON AGENDA ITEMS, AND EMERGENCY AGENDA ITEM MATERIALS, ANY WRITTEN MATERIAL RELATED TO AN AGENDA ITEM THAT IS SUBMITTED TOO LATE TO BE INCLUDED IN THE MEETING PACKET SHALL NOT BE CONSIDERED BY COUNCIL MEMBERS, UNLESS SUCH LATE MATERIALS ARE SUBMITTED TO THE CITY CLERK NO LATER THAN 12:00 P.M. THE DAY BEFORE THE MEETING, AND UNLESS THE COUNCIL AFFIRMATIVELY VOTES TO ADD SUCH LATE MATERIALS TO THE AGENDA ITEM AT THE MEETING. THE CITY CLERK ALSO SHALL PROVIDE TO COUNCIL, AND MAKE AVAILABLE TO THE PUBLIC AT THE MEETING, PAPER COPIES OF WRITTEN PUBLIC COMMENTS ON AGENDA ITEMS THAT ARE SUBMITTED TOO LATE TO BE INCLUDED IN THE MEETING PACKET.] [(1)] kf ) The administration will develop policies and procedures to implement this section, subject to review and approval of Council. (1) A council action taken contrary to this ordinance is voidable only as provided in Alaska's Open Meetings Act. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: September 3, 2008 Second Reading: September 17, 2008 Third Reading: January 21, 2009 Fourth Reading: July 1, 2009 Adopted: July 1, 2009 Effective: July 1, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -17- Administrative Policies and Procedures Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard", and will be permitted ten (10) minutes to address the Council. The request shall be made to the City Clerk, on the prescribed form, a minimum of eight (8) days in advance of the Council meeting. The City Clerk shall inform the requestor that requests to be placed on the agenda to address the folinuri;lcr tnnirc droll not hP accepted; a,..,t.._„ —...... __-..._ _. a. Items scheduled for public hearing on the agenda. b. Personnel matters. c. Items upon which litigation involving the person or his/her representative and the City is currently pending. 2. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by publication in a newspaper of general circulation no later than [THREE (3)] ailffi days prior to the meeting. 3. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by posting to the City's official bulletin board at City Hall no later than six (6) days prior to the meeting. 4. The City Clerk shall post a copy of the meeting packet to the City's web site and to the Kenai Municipal Library no later than six (6) days prior to the meeting, [5] [PUBLICATION OF THE REGULAR COUNCIL MEETING AGENDA SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION NO LATER THAN THREE (3) DAYS PRIOR TO THE .MEETING.] [6] L Any member of the public or any organization may request a copy of the meeting packet, either by paper or electronic copy. The Clerk will provide the copy as soon as practical. [7]6. "Day" will be considered a calendar day. [8]7. The day of the council meeting shall be counted for the purpose of establishing deadlines. [9] [FAILURE TO COMPLY WITH THE ABOVE POLICIES AND PROCEDURES WILL NOT INVALIDATE ANY ORDINANCE OR COUNCIL ACTION AS LONG AS THERE WAS A GOOD FAITH EFFORT AT COMPLIANCE BY THE CITY CLERK.] Office of the City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 (907)283-8231phone (907)283-5068 fax cfreas(-)ci.kenai.atc.us e-mail i Mailing Daytime Phone: Brief Description of Preferred Meeting Date: Signature: ORDINANCE NO 2347-2008. Molloy 6/22/09 Draft 1. KMC 1.15.040 Agenda is repealed and re-enacted as follows: 1.15.040 Agenda and Packet — Preparation, Distribution, Publication, and date Materials (a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council. Member, City Clerk, City Attorney, or City Manager -may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (c) A member of the public may request that a matter be placed on the agenda subject to policies and procedures adopted under paragraph (k). Being placed on the "Persons Scheduled to Be Heard" portion of the agenda does not limit or restrict the requestors ability to speak on a different subject for which public comment is allowed. (d) A sponsor, all co-sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under policies and procedures adopted under paragraph (k), and such item shall be removed from agenda, unless the item has been carried over or postponed from a previous agenda. (e) The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to paragraphs (a) through (d). A draft agenda shall be circulated to the Mayor and other Council Members, and the City Manager. (f) Notice of the date, time, place, and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall under policies and procedures adopted under paragraph (Io. Additional public notice of meetings may be given by other means. (g) Once the final agenda is published as provided in paragraph (i), no item may be removed from, or added to the agenda except by majority vote of the Council Members present at the meeting. (h) A meeting packet containing the final agenda, all legislative items, and all supporting documentation for all agenda items shall be distributed to the Mayor, other Council Members, and the City Manager. (i) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available me for public viewing under policies and procedures adopted under paragraph (k). The City Clerk shall cause a paper copy or electronic copy CD of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under paragraph (k). A minimum of one (1) paper copy of the meeting packet will be available to the public at the meeting. (j) The City Clerk shall provide paper copies of any late materials to the Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting. (k) The administration will develop policies and procedures to implement Plus section, subject to review and approval of Council. (1) A Council action taken contrary to this ordinance is voidable only as provided in Alaska's Open Meetings Act. -2- -21- Agenda and Packet — Preparation, Distribution, Publication and Late Materials Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard", and will be permitted ten (16) minutes to address the Council. The request shall be made to the City Clerk, on the prescribed form, a minimum of eight (8) days in advance of the Council meeting. The City Clerk shall inform the requestor that requests to be placed on the agenda to address t - folloxxtmg topics shall not be aaCcernted- a. Items scheduled for public hearing on the agenda. b. Personnel matters. c. Items upon which litigation involving the person or his/her representative and the City is cutTently pending. 2. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by publication in a newspaper of general circulation no later than six (6) days prior to the meeting. 3. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by posting to the City's official bulletin board at City Hall no later than six (6) days prior to the meeting. 4. The City Clerk shall post a copy of the meeting packet to the City's web site and to the Kenai Municipal Library no later than six (6) days prior to the meeting. 5. Any member of the public or any organization may request a copy of the meeting packet, either by paper or electronic copy. The Clerk will provide the copy as soon as practical. 6. "Day" will be considered a calendar day. 7. The day of the council meeting shall be counted for the purpose of establishing deadlines. -3- -22- Name: Mailing Daytime Phone: Brief Description of T Preferred Meeting Signature: SM Office of the City Clerk. City of Kenai 210 Pidalgo Avenue Kenai, AK 99611 (907)283-8211phone (907)283-5068 fax cfreas(a),ci.kenai.ak.us e-mail -23- AS § 44.62.310 a Page I West's Alaska Statutes Annotated Currentness Title 44. State Government Chanter 62, Administrative Procedure Act Article 6. Open Meetings of Governmental Bodies § 44.61-310. Government meetings public (a) All meetings of governmental body of a public entity of the state are open to the public except as otherwise provided by this section or another provision of law. Attendance and participationat meetings by members of the public or by members of a governmental body may be by teleconferencing. Agency materials that are to be consid- ered at the meeting shall be made available at teleconference locations if practicable. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. The vote at a meeting held by teleconference shall be taken by roll cal 1. This section does not apply to any votes required to be taken to organize a governmental body described in this subsection. (b) if permitted subjects are to be discussed at a meeting in executive session, die meeting must first be convened as a public meeting and the question of holding an executive session to discuss matters that are listed in (c) of this sec- tion shall be detennined by a majority vote of the governmental body. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the pur- pose of addressing the subject in private. Subjects may not be considered at the executive session except those men- tioned in the motion calling for the executive session unless auxiliary to the main question. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a spe- cific legal matter or pending labor negotiations. (c) The following subjects may be considered in an executive session: rA 90ftq T6nmenn Rovrnre ltd/net Nn!'I,;, to ()ria 1 (C (:rnr \h/nrtre -24- AS § 44.62310 Page 2 (1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity; (2) subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion; (3) matters which by law, municipal charter, or ordinance are required to be confidential; (4) matters involving consideration of government records that by law are not subject to public disclosure. (d) This section does not apply to (I) a governmental body performing a judicial or quasi-judicial function when holding a meeting solely to make a decision in an adjudicatory proceeding; (2) juries; (3) parole or pardon boards; (4) meetings of a hospital medical staff; (5) meetings of the governmental body or any committee of a hospital when holding a meeting solely to act upon matters of professional qualifications, privileges or discipline; (6) staff meetings or other gatherings of the employees of a public entity, including meetings of an employee group established by policy of the Board of Regents of the University of Alaska or held while acting in an advi- sory capacity to the Board of Regents; or (7) meetings hold for the purpose of participating in or attending a gathering of a national, state, or regional orga- nization of which the public entity, governmental body, or member of the governmental body is a member, but only if no action is taken and no business of the governmental body is conducted at the meetings. (e) Reasonable public notice shall be given for all meetings required to be open under this section. The notice must include the date, time, and place of the meeting and if, tine meeting is by teleconference, the location of any telecon- ferencing facilities that will be used. Subject to posting notice of a meeting on the Alaska Online Public Notice System as required by AS 44.62.175(a), the notice may be given using print or broadcast media. The notice shall 6e posted at the principal office of the public entity or, if the public entity has no principal office, at a place designated by the governmental body. The governmental body shall provide notice in a consistent fashion for all its meetings. (t) Action taken contrary to this section is voidable. A lawsuit to void an action taken in violation m this section..... must be filed in superior court within 180 days after the date of the action. A member of a governmental body may not be named in an action to enforce this section in the member's personal capacity. A governmental body that vio- lates or is alleged to have violated this section may cure the violation or alleged violation by holding another meet- ing in compliance with notice and other requirements of this section and conducting a substantial and public recon- sideration of the matters considered at the original meeting. if the court finds that an action is void, the governmental body may discuss and act on the matter at another meeting held in compliance with this section. A court may hold that an action taken at a meeting held in violation of this section is void only if the court finds that, considering all of the circumstances, the public interest in compliance with this section outweighs the harm that would be caused to the public interest and to the public entity by voiding the action. in making this determ lnation, tine court shall consider at rM Irmo TIr,�,,,tc tr✓,. t, I. . -25- AS § 44,62.310 least the following: Page 3 (1) the expense that may be incurred by the public entity, other governmental bodies, and individuals if the action is voided; (2) the disruption that may be caused to the affairs of the public entity, other governmental bodies, and individuals. if the action is voided; (3) the degree to which the public entity, other governmental bodies, and individuals maybe exposed to additional litigation if the action is voided; (4) the extent to which the governing body, in meetings held it, compliance with this section, has previously con- sidered the subject; (5) the amount of time that has passed since the action was taken; (6) the degree to which the public entity, other governmental bodies, or individuals have come to rely on the ac- tion; (9) whether and to what extent the governmental body has, before or after the lawsuit was filed to void the action, engaged in or attempted to engage in the public reconsideration of matters originally considered in violation of this section; (8) the degree to which violations of this section were wilful, flagrant, or obvious (9) the. degree to which the governing body failed to adhere to the policy under AS 44.62.312(a). (g) Subsection (f) of this section does not apply to a governmental body that has only authority to advise or make recommendations to a public entity and has no authority to establish policies or make decisions for the public entity. (h) In this section, (1) "governmental body" means an assembly, council, board, commission, committee, or other similar body of a public entity with the authority to establish policies or make decisions for the public entity or with the authority to advise or make recommendations to the public entity; "governmental body" includes the members of a subcom- mittee or other subordinate unit of a governmental body if the subordinate unit consists of two or more members; (2) "meeting" means a gathering of members of a governmental body when (A) more than three members or a majority of the members, whichever is less, are present, a matter upon which the governmental body is empowered to act is considered by the members collectively, and the governmental body has the authority to establish policies or make decisions for a public entity; or (13) the gathering is prearranged for the purpose of considering a matter upon which the governmental body is empowered to act and the governmental body has only authority to advise or make recommendations for a pub - lice entity, but has no authority to establish policies or make decisions for the public entity; (3) "public entity" means an entity of the state or of a political subdivision of the state including an agency, a board or commission, the University of Alaska, a public authority or corporation. a municipality, a school district, r; Moo Ta mcrvn sl . rb6» M nrL, t IC l:n,r tE/mire IN AS § 44.62.310 Page 4 and odter governmental units of the state or a political subdivision of the state; it does not include the court system or the legislative branch of state government. CREDIT(S) SL,A 1959, art VI, ch. t, ch. t43, § 1; SL.A 1966, ch. 48, § 1; SLA 1968, ch. 78, § 1; SLA 1969, ch. 7, § t; SLA 1972, ch. 98, §§ 1, 2; SLA 1972, ch. 100, § 2; SLA 1976, ch. 189, § I; SLA 1985, ch, 54, §§ 2, 3; SLA 1990, ch. 201, 6 2; SLA 1991, ch, 74, 6 7; SLA 1994. ch. 69. 68 2--8; SLA 2000, ch, 54 S T CROSS REFERENCES Open meeting guidelines, see i; 24.60.037. LAW REVIEW AND JOURNAL, COMMENTARIES Inspection and discovery of state records in Alaska. Margot 0. Knuth, 4 Alaska L. Rev. 277 (December 1987). LIBRARY REFERENCES Administrative Law and Procedure C= 124. Westlaw Key Number Search: 15Ak124. C.J.S. Public Administrative [,aw and Procedure 66 32 to 35 RESEARCI-I REFERENCES ALR. Library 9 ALR 6th 177, Construction and Application of Political Question Doctrine by State Courts. I N AI,R 5th I, Sufficiency of Particular Charges as Affecting Enforceability of Recall Petition. Treatises and Practice Aids Administrative Law and Practice 7L3.6I. State Open Meetings Statutes. NOTES OF DECISIONS In general I Advisory entities 8 Alaska bar association 20 Colleges and universities,18 Declaratory judgments 23 Elections 16 Email exchanges 5 Employee evaluations and terminations 12 Executive sessions 4 Informal meetings 3 n Moo Thnmcnn Rautn«c/U/r,cr 1Jn ('Iafm to 0,;,, f iC tiny o/,4c -27- SUBSTITUTE B Suggested by: Administration tHc cityof KEAASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING THE EXISTING KMC 1.15.040 AND KINK 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 AND LATE MATERIALS. " WHEREAS, the people of the City of Kenai, exercising the powers of a home rule municipality, established the Charter of the City of Kenai which vested the legislative power of the City in the City Council; and, WHEREAS, KMC 1.IS Rules of Order currently establishes the Rules of Order for the execution of the legislation power of the City of Kenai. KMC 1.I S requires all meetings of the Council to be open to the public, actions of the Council be taken in public meetings, provides for an agenda for Council meetings, and for procedures relating to passage of ordinances, resolutions, and motions by the City Council; and, WHEREAS, KMC 1.15 currently does not require any notice to the public or publication of the Council meeting agenda or of a resolution for a Council meeting; and, WHEREAS, presently, the only requirement for notice to the public in KMC 1,1.5 is notice of the proposed ordinances, and the sole requirement in KMC 1.15 for notice before Council's final vote is that, after passage on the first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with the notice of the time and place when and where it will be given a public hearing and be considered for final passage, with the first publication to be at least five (5) days prior to the time advertised for public hearing; and, WHEREAS, while the City of Kenai has practices for publication and notice to the public of the agenda items, it is in the best interest of the City of Kenai to establish written procedures and requirements for notice to the public and publication of the agenda for a Council meeting, and for making available to the public a meeting packet, containing the final agenda, all legislative items, and all supporting documentation for all agenda items, for the Council meeting, sufficiently in advance of the Council meeting in order to facilitate public participation in the City's business at the Council meeting; and, WHEREAS, KMC 1.15 currently has no rules regarding the rights of the Mayor and individual Council members to sponsor an ordinance for introduction or a resolution for adoption, or to request a discussion item for the agenda of a Council meeting, and New Text Uadeilmed; DELETED TEXT BRACKETED] IN Ordinance No. 2347-2008 Page 2 of 4 to obtain the placement of such ordinance, resolution, or discussion item on the agenda of a Council meeting; and, WHEREAS, KMC L 15 currently has no rules regarding requests by members of the public that a matter be placed on the agenda for scheduled public comment or presentation by the requesting member of the public; and, WHEREAS, while the City of Kenai has practices for preparation, distribution and publication of the agenda for Council. meetings, including the processing of ordinances, resolutions, requests for discussion items, and requests for presentations and comments by members of the public, including placement of such items on the agenda of the Council meeting, it is in the best interest of the City of Kenai to establish regulations, policies and procedures for these matters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is hereby amended by repealing the existing KMC 1.15.040 and KMC 1.15.050(c) and re-enacting KMC 1.15,040 as follows: SECTION ONE KMC 1.15.040 Agenda is repealed and re-enacted as follows: [THE AGENDA FOR EACH MEETING OF THE CITY COUNCIL SHALL BE PREPARED BY THE CITY CLERK AFTER CONSULTATION WITH THE CITY MANAGER AND THE MAYOR. SUCH AGENDA SHALL BE DISTRIBUTED BY THE CITY CLERK TO EACH MEMBER OF THE COUNCIL AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE MEETING, AND NO FURTHER ITEMS SHALL BE ADDED TO THE AGENDA EXCEPT BY MAJORITY VOTE OF THE COUNCILMEN PRESENT AT A MEETING.] 1 15.040 Agenda and Packet - Development, Preparation, Distribution, Publication, and Late Materials ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. meeting requested by the sponsor. New Text Underlined; [DELETED TEXT BRACKETED] N1 Ordinance No. 2347-2008 Page 3 of 4 the reguestor's abilitv to sneak on ar v other agenda items on a different subject for which public comment is allowed. U A sponsor, all co-sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under policies and procedures adopted under paragraph (k), and such item shall be removed from agenda, unless the item has been carried over or postponed from a previous agenda. (e) The Citv Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to paragraphs (a) through (dd). A draft agenda shall_ be circulated to the Mayor and other Council Members and the City Manager. (f) Notice of the date. time place, and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and (g) Once the final agenda is published as provided in paragraph (il, no item may be removed from or added to the agenda except by maiority vote of the Council Members present at the meeting. (W A meeting packet containing the final agenda. all legislative items, and all supporting documentation for all agenda items shall be distributed to the Mayor, other Council Members, and the City Manager. D The Citv Clerk shall cause a copy of the meeting packet to be posted on the Citv's web site and to be provided to the Kenai Community Library in order to be made available for public viewing under policies and procedures adopted under paragraph (k). The Citv Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to anv member of the public.. or to anv organization, the meeting. also make paper copies of late materials available to the public at the meeting. (k) The administration will develop policies and procedures to implement this section subject to review and approval of Council. SECTION TWO KMC 1.15.050 (c) Order of Business, is repealed. New Test Underlined; (DELETED TEXT BRACKETED] No Ordinance No. 2347-2008 Page 4 of 4 [(C) THE COUNCIL'S AGENDA MAY BE PREPARED BY AN APPROPRIATE ADMINISTRATIVE OFFICER AND WHEN SO PREPARED SHALL CONSTITUTE THE AGENDA FOR THAT MEETING. AGENDA FOR SPECIAL MEETINGS WILL USUALLY NOT INCLUDE AS MANY SUBJECTS AS AGENDA FOR REGULAR MEETINGS.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: September 3, 2008 Second Reading: September 17, 2008 Third Reading: January 21, 2009 Fourth Reading: July 1, 2009 Adopted: July 1, 2009 Effective: August 1, 2009 New Text Underlined; (DELETED TEXT BRACKETED) -31- AGENDA AND PACKET - PREPARATION, DISTRIBUTION, PUBLICATION AND LATE MATERIALS 1. Any member of the public may request that an item be placed on the agenda for a regular Council meeting under "Persons Scheduled to be Heard", and will be permitted 10 minutes to address the Council. The request shall be made to the City Clerk, on the prescribed form, a minimum of eight (8) days in advance of the Council meeting. The City Clerk shall inform the requestor that requests to be placed on the agenda to address the following topics shall not be accepted: a. Items scheduled for public hearing on the agenda. b. Personnel matters. C. Items upon which litigation involving the person or his/her representative and the City is currently pending. 2. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by publication in a newspaper of general circulation no later than three (3) days prior to the meeting. 3. Notice of the date, time and place, and final agenda for each Council meeting will be given to the public by posting to the City's official bulletin board at City Hall no later than six (6) days prior to the meeting. 4. The City Clerk shall post a copy of the meeting packet to the City's web site and to the Kenai Municipal Library no later than sip; (6) days prior to the meeting. 5. Any member of the public or any organization may request a copy of the meeting packet, either by paper or electronic copy. The Clerk will provide the copy as soon as practical. 6. "Day" will be considered a calendar day. 7. The day of the council meeting shall be counted for the purpose of establishing deadlines. 8. Failure to comply with the above policies and procedures will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. -32- Office of the City Clerk City of Kenai ! Fidaloo Avenue Phone:Kenai, AK 99611 y ! la,: Email: cfreas@ci.kenai.ak.us 7M ITT-, '- . i Residence Address: Daytime Phone: Preferred meeting date: Providing written statement/material for inclusion in the council packet is encouraged. Deadline for submittal is normally Wednesday, Noon, the week prior to the council meeting (unless a holiday changes the packet preparation day). Will City equipment be needed? Projector Laptop (Contact M. Kebschull for use of laptop (283-8235) and/or Tina Williamson for use of projector (283-8228). *Setup of electronic equipment MUST BE completed before 5.00 p.m. of the council meeting day. Contact City Clerk for appointment (283-8231). i Received by City Clerk: Date Time Comparison of Timelines Between Molloy Substitute Administration Substitute, Ordinance 2347-2008 Days Prior to Council Meeting 13 12 11 10 9 9 7 6 5 4 3 2 1 0 Day of Week Wed Tha Fri Sat Sun Man Toe Wed Thu Fri Sat Sun Mon lue Wed 1. Clerk add/deletes items from agenda & distributes for final review Staff & Staff & 1. Clerk 2. City Clerk First Manager Manager Staff prepares I. Materials for sends Agenda 1 Second Present Timeline Manager e Packet from Materials for i Agenda is (Same as Council Prepare Prepare Prepare Items draft agenda Staff to Packet to to Newspaper, Advertised in Council Meeting Berns for items for Weekend Weekend 2. Staff 3. Clerk R Weekend Weekend Meeting on of the next next forncil Meeting to Manager Clerk firm Produces I Peninsula of the Substitute&J Substitute Month Council Council Council Discuss Drag 2iews Manager Packet& Clarion Month Meeting Meeting Meeting Agenda Items Reviewsliems Distributes to 'J Council 4.'' Clerk uploads 'I packetto websim & posts agenda at City Hall 1. City Clerk 1. Clerk Produces 1. Agenda is Staff & prepares 1. Materials Packet & Advertised in first Manger draft Distributes to SeconA Proposed Council Prepare agenda - for Packet Materials for City Clerk Council 2. Peninsula Council from Staff to Packetto Clarion Timeline Under Meeting Items for 2. Staff Weekend Weekend sends Agenda Clerkupioa Weekend Weekend Meeting Molloy substitute of the next Meeting Manager 2. Clerk from to Newspaper packetto 2. Agenda isds ofthe Month Council to Discuss Attorney Manager website & posted on Month Reviews Items we & at Meeting Draft agenda is City Hail City Agenda pasted at City Hail r Suggested by: Council AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, based upon the substantial time devoted to the duties of the positions of Mayor and Council Members, it is equitable to establish compensation for the positions at $1,000 per month for the Mayor and $500 per month for members of Council; and, WHEREAS, Section 2-3 of the Kenai City Charter states that no increase in such compensation shall take effect until the next regular city election following the increase; and, WHEREAS, pursuant to the Charter, the pay raise for the Mayor and Council in this ordinance will not begin until October 7, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, that: KMC 1.80.010 be amended to read as follows: Setting: The Mayor shall receive a salary of [$900] $1,000 per month. The other members of the Council shall receive salaries of [$400] S500 per month. These salaries shall be in addition to the reimbursement for expenses as provided for by Charter. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: December 17, 2008 Second Reading: January 7, 2009 Third Reading: July 1, 2009 Adopted: July 1, 2009 Effective: October 7, 2009 (Kenai Charter Section 2-3) New Text Underlined; 1DELETED TEXT BRACKETED] -35- 210 FIDALGO AVE, KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-30I4 TO:. Mayor Porter and the Kenai City Council FROML� Z. Cary R. Graves, City Attorney DATE: December 10, 2008 RE: Ordinance 2365-2008 Ordinance 2365-2008 contains a pay raise for the Mayor and Council Members. It would amend KMC I.80.010 to raise the pay of Council Members from $400 to $500 per month and the Mayor from $900 to $1,000. The money to fund the pay raise is already in the budget for FY 2008-2009. A draft of the ordinance was placed in the packet for the May 7, 2008 meeting, The minutes of the meeting reflect that the Council was asked to inform the staff if any member wanted the ordinance to be introduced. There was no direction to introduce the ordinance. At the November 19, 2008, meeting the staff again asked if Council wanted it to proceed with introduction of the pay raise ordinance. After a request fi°om a Council Member, Ordinance 2365-2008 was placed in this packet for introduction. The effective date of Ordinance 2365-2008 is listed as October 7, 2009. Section 2-3 of the Kenai City Charter provides in part that, "The compensation, if any, of the Mayor and other councilmen shall be determined by a non -emergency ordinance; but no increase in such compensation shall become effective until after a regular City election has been held." Section 2-3 means that there must be a regular City election between the passage date of a pay raise ordinance and the effective date of it. Therefore, any pay raise ordinance passed after the October 7, 2008 regular City election date could not be effective until after the next regular City election (October 6, 2009). That is why the effective date of the ordinance is listed as October 7, 2009. -36- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 3 Boyle Yes Porter Yes Smalley Yes _ M� oore 1 Yes Eldridge Yes Ross Yes Molloy Yes _. E-2. Ordinance No. 2364-2008 -- Increasing Estimated Revenues and Appropriations by $24 292 in the Senior Citize,^.s Fund for Essen* al Program Equipment and Deferred Maintenance. Council Member Eldridge MOVED for the adoption of Ordinance No. 2364-2008 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. Koch gave a brief report of what purchases would be made with the grant funding, i.e. office furniture, copier/scanner, phone upgrades, etc. VOTE: Student Representative Johnson: Yes Boyle Yes Porter !Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes E-3. Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing the Mayor's Salary From $900 to $1,000Per Month and Council Members' Salaries From $400 to $500 Per Month. Council Member Smalley MOVED for adoption of Ordinance No. 2365-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. -37- KENAI CITY COUNCIL MEETING JANUARY 7, 2009 PAGE 4 Council comments included: ® Mayor/council stipend was reduced at the time of the K-Mart closure and loss of sales tax income to the city. • Sales tax income had increased (Lowe's opened and Wal-Mart to open in the fall). s Funding was included in the current budget for the increase, however if passed, the ordinance would not go into effect until after the October general election. a Belief the issue should be tabled and discussed during the budget preparation work sessions. Council Member Moore MOVED to table Ordinance No. 2365-2008 until the first meeting in July. Council Member Eldridge SECONDED the motion. *Student Representative Johnson: Yes Boyle No Porter Yes _ Smalley_ No Moore v', Yes Eldrid e ryes Ross Yes Molloy i No jH#l#T•Tka7R� D) E-4. Ordinance No. 2366-2008 -- Amending KMC 1,85.020 to Change the Threshold Amount of Income, Business Interests, Loans, Trusts and Other Financial Transactions that Must Be Reported on the City's Financial Disclosure Form From One Thousand Dollars ($1,000) to Five Thousand Dollars ($5,000). Council Member Smalley MOVED for adoption of Ordinance No. 2366-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE. *Student Representative Johnson: Yes Noll Council/Assembly Municipality Council/Assembly Member Salary/Sti end Mayor/Assembly President Sala /Stipend Benefits Assembly Anchorage $25,910/year $29,320/year (Chair) Receive $200/mo. for purchase of health insurance/PERS eligible. Council Bethel N/A_ N/A N/A Council Cordova NJA _ N/A _ Council Delta Junction _ N/A N/A N/A _ Council False Pass $100/meeting 2500/month (Mayor)_N/A _ Assembly Haines Borough $100/meeting, regular or s ecial $100/meeting, regular or special SBS/PERS Ci Homer $100/month _ 150/month N/A _ Assembly Juneau/City &Borough $500/month $2,500/month Health insurance/family plan Assembly Kenai Peninsula Borough $400/month $500/month resident Health/life insurance Assembly/Strong Mayor Ketchikan Borough $150/month stipend $75/meeting _ $500/month stipend $75 meetin N/A Assembles Kodiak Island Borough 1 $300/month _ $500/month Health & life insurance offered. Assembly AssemblT Lake & Peninsula Borou h Matanuska--Susitna Borough $100/meeting__ $13,300/year $100/meeting_ $19 325/year Health insurance Health insurance. Council North Pole $250/month $75Jmeetin , special $250/month $75/meeting, special N/A - - _ Assembly _ North Slope Borough Yes -- Yes Health insurance _ City/Strong Mayor Palmer $100/meeting, regular $50/meeting, s ecial $20,000/year N/A Council Petersburg $150/meeting _ $250/meeting_ Council Saxman $75/meeting, regular/stipend $50/meeting, special/stipend $1,000/month $85/meeting, regular $65/meeting, special N/A _ _ Council Seward $200/month, stipend $300/month stipend Opted out of PERS Assemles b _ Sitka _ $300/month _ _ $500/month Council Soldotna $250/month $300/month Eligible for health/life insurance, PERS Council Thorne Ba_y ___ $75/month. _ $100/month __ N/A Council/Strong Mayor Wasilla $6,000/year $75,000/year Members may purchase health insurance Council Unalaska $250/meeting, regular $125/meeting,_special $700/month N/A Council Valdez N/A N/A N/A Assembi�___ Wrangell N/A _ N/A ._ ..... NJA Council Yakatat N/A N/A _ N/A _. pelican 115 City Clerk/Treasurer More I Non 40 50.00 $17.68 7 enakee Springs 98 City Clerk Same Non 26 $16.50 $17.25 $18.00 �.��.. Chua[hbaluk 95 Clerk -Municipal Same -2 _ 2 Non 40 $12.00 $12.00 WOO Cold Bay 89 Municipal Clerk More 1 Non 40 SO.00 $18.00 $0.00 Council or Assembly Member This is an elected positian. Municipality Population Specific Working Title Job Match # of Employee Union or Nonunion Work Wk Lowest Wage Average Wage Highest Wage Note: Anchorage 282,813 Assembly Member Same I Non $11.63 $11.63 $13.16 Highest mte is the chairperson Matanuska-Susitna Borough 74,041 Assembly Members Same 7 Non $0,00 $0.00 $0,00 $50o.00pereamth Kenai Peninsula Borough 51,350 Assembly Member Same 9 Non ,0.00 $0.06 $0.06 Pre,. $5000o/mo, Mbr, $400.00/mo Juneau 31,193 Assembly Member More 8 Non $O.OD $o.00 $0.00 $500.00 per month Fairbanks -_ .._._ ..-_ 31,182 Council Member -__-_.. Same 6 Non - S0.00 $0.00 $0.00 $460.00per month KodiaklslandBorough t3,638 Council or Assembly Member Same 7 _ Non $0.00 ...-. $0.00 $0.00 $200.00 per=nth Keniikan Gateway Borough 13,125 Assembly Member Same 7 Non Varies $0.00 $0.00 $0.00 $t50.00/monfh+$75.004eethrg Sitka 8,833 Assembly Member Same 6 Non $0.00 $0.00 $0.00 $300,00 per month Wasilla Kodiak 6,775 6,088 Council Member Council .Member Same - 6 6 Non Non $0.00 $0.00 $0.00 $0.00 $0.00 $6,000 per year Not paid Homer 5,435 Council Member Same 6 Non $0.00 $0.00 $0.00 $100.00permomh Unalaska 4,297 Council Member Same 5 Non $0.00 $0.00 $0.00 $250.00 per meeting Name 3,508 Council Member Same 6 Non $0,00 $6.00 $0.00 $5o per month Petersburg 3,155 Council Member Same 6 Non $0.00 $0.00 $0.00 $150.00 per meeting Kotzebue - Aleutians East Borough 3,120 2,659 Council Member Assembly Same Same 7 I Non Non N/A $100.00 KOO $0.00 $0.00 $2 00.00 $0.00 400permonth Seward 2,606 Council Member Same 6 Non Varies $0.00 $0.00 $0.00 $200.00 per month Dillingham _....._ordova 2,491 _ Council Member _ Same 6 Non $0.00 $0.00 WOO Not Paid C 2,2I t Council Member Same-_ _. - 7 . Non - $0.00 $0.00 $0.00_...__ Noe Paid_ .... Haines Borough Wrangell------- g 2,207 I,974 Assembly Member ConncilMember Same Same 6 _...._ 6 Non Non $0.00 .$0.00 $0.00 $0.00 $0.00 ..._ $00.00 $20000 per month _._..._.___. _..._...__-_ Not paid North Pole 1,595 Council Members Same 6 Non $0.00 $0.00 $0.00 $75.00 per meeting Bristol Bay Borough 1,073 Assembly Member Same 5 Non 60.00 $0.00 $0.00 $20.00lmeeting+S20.00/month Mountain Village 972 Council Member Same 7 Non Per meeting $0.00 $0.00 $0,00 $85.o0/reg. Meeting Hannah ..._.._____...__-_. Gambell 861 660 Mayor CouncO More edElectOfficiallAppointed 1 6 Non Official 37.5 Per meeting '60.00 $5000 $14.15 $75.00 $0.00 $100.00 _-. Non $0.00 $0.00 -- $0.00 $25.00 per month alma 654 Council Member Same ----" 6 ___-.- $0.00 $0.00 --- $0.00 $150.00 Per Meeting -__.. lainwright -- 531 `r Council Member Same --" __ 7 Non ---" -----------'-" $0.00 $0.00 $0.00 ------ $zoo per month --- ---- Same 7 Varies _ lanokotak 437 City Council _ $0.00 _--- $75.00 $85.00 Paid per meeting - ---- axman 405 ____-_-------"- Council Member _ Same -- 7 Non ..-._ -- Varies $250-00 -- $250.00 .. $600.00 per year bevig Mission 327 Mayor More 2 ---6 ---- $0.00 $0.00 $0.00 -, Paid$too per Montt itgasuk 247 Council _ - _-_ --.. $0.00 $U.00 $0.00 $50oo per meeting P 8 _ Ueknagik 241 Council Member -_- Same - 7 --- _---Non Non __ -------- $0.00 $0.00 $0.00 $100 reg/ $50 spec. _ _.- Jeering _ 142 .-._.... Council Member Same 7 -..__- -- --$0.00 Varies $0.00 --_ Not aid a- ehn -- ca -- 115 Council Members Same 6 Nun --�--- ._. ----' -" - $0.00 _.._. $0.00 - --"'""-----_-._.. $0.00 $00 per month 50. ------- 89 Council Member Same 7- Non Deputy Clerk -Municipal As primary assistant to city or borough clerk or clerkltreasurer, this job performs a variety of functions to support the clerk, such as maintenance of utility accounts, .,_a at:,,., „s rPrnrdc and other duties as assigned by the clerk. May fill in for the clerk in his/her absence. Municipality Population specific Working Title Anchorage 282,813 Deputy Municipal Clerk Matanuska-Somma Borough 74,041 Deputy Clerk - KenaiPeninsutaBorough 51,350 Deputy Borough Clerk 31,193 Deputy City Clerk Juneau Fairbanks 31,182 Deputy City Clerk Kodiak Island Borough 13,638 Municipal Clerk Ketchikan Gateway Borough 13,125 Deputy Clerk -Municipal Wasilla 6,775 Deputy City Clerk - Kodiak `- 6,088 Deputy Clerk 5,435 Deputy City Clerk I- Homer - Homer 5,435 Deputy City Clerk I -- Valdez 4,454 DeputyCity Clerk - Unalaska 4,297 Deputy City Clerk -- Nome 3,508 Deputy City Clerk Seward 2,606 Assistant City Clerk 2,211 Deputy Clerk -Municipal Cordova Haines Borough 2,207 Administrative Assistant Wrangell 1,974 DepuTy City.CIs1k _- Houston 1,537 Deputy Clerk _-..- Akutan --- 773 Deputy Clerk Job Match Same # of Employee I Union or Nonunion Non Work Wk 40 Lowest Average Wage Wage $0.00 $32.66 ntgnrar Wage $0.00 !Vote: -_ - _ t Non 40 $0.0O $7.6.82 $0.00 Same _-_ i _- Non 40 $0.00 $27.89 $0.00 Same 1 Non 37.5 $0.01) $25.05 $0.00 __-- Same Same 1 t Union Non 40 q0 $0.00 $0.00 $21.35 $32.81 $0.00 $0.00 nctml Less 1 Non 40 $0.00 $24.18 $0.00 - --_ Same 1 Non 40 $0.00 $25.74 $0.00 _-._ Same I Non _--.-_.----._.._ 40 $0.00 $22.11 Same i Non 40 $26.07 $0.00 -_ Less 1 Non 40 $0.00 $17.25 $0.00 -_,,.---_- Same Same I 1 Non Non 37.5 40 $0.00 $D.00 $25.95 $29.39 $0.00 $0.00 _ Is, year Employee ----- Same More 1 1 Union Non 37.5 $0.00 $21.36 $19.99 - WOO $23 62 _ Wage reflects salary range .-- -- Same 1 Non 20 $0.00 $17.17 $0.00 - Same 1 Union 40 $0.00 $15.35 $0.00 - - More 1 Non 40 $0.00 $18.66 $0.00 More 1 Non 30-35 $0.00 $20.00 $0.00 Same 1 5 -- $I0.00 $0.00 $12.00 - - Suggested by: Administration f(re city of KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, Ordinance No. 2386-2009 appropriated funds for Phase A of the Airport Apron Rehabilitation Project which is projected to have a total project cost of $9,012,573; and, WHEREAS, it is anticipated FAA grant awards for several years will be necessary to fully fund the project; and, WHEREAS, FAA 2008-2009 Entitlement and Discretionary grant funds totaling $1,820,000 are now available for Phase B of the project and the City has been awarded a grant totaling $1,820,000 comprised of 95% FAA $1,729,000, 2.5% State of Alaska $45,499 and requiring a 2.5% local share of $45,501. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $45,501 Increase Appropriations: Transfer to Capital Project Fund $45,501 Airport Runway Improvement Capital Proiect Fund Increase Estimated Revenues: Federal Grant Revenue $1,729,000 State Grant Revenue 45,499 Transfer from Airport Fund 45,501 $1 820:000 Increase Appropriations Administration $ 36,400 Engineering 145,600 Construction 1,638,000 $1 820.000 New Text Underlined; [DELETED TEXT BRACKETED) -39- Ordinance No. 2394-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of April, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: March 18, 2009 Adopted: April 1, 2009 Effective: April 1, 2009 New Text Underlined; [DELETED TEXT BRACKETED] in SUBSTITUTE Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2394-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $107,983 IN THE AIRPORT FUND AND BY $4,319,316 IN THE RUNWAY IMPROVEMENT CAPITAL PROJECT FUND FOR ADDITIONAL PHASES OF THE AIRPORT APRON PAVEMENT REHABILITATION PROJECT. WHEREAS, Ordinance No. 2386-2009 and Ordinance No. 2395-2009 appropriated funds for Phase A and B of the Airport Apron Rehabilitation Project which is projected to have a total project cost of $7,967,396.35; and, WHEREAS, FAA 2008-2009 Entitlement and. Discretionary grant funds totaling $4,319,316 are now available for the final phase of the project and the City has been awarded a grant totaling $4,319,316 comprised of 95% FAA S4,103,350, 2.5% State of Alaska $107,983 and requiring a 2.5% local share of $107,983, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $107,983 Increase Appropriations: Transfer to Capital Project Fund S107,983 Airport Runwav Improvement Capital Project Fund Increase Estimated Revenues: Federal Grant Revenue $4,103,350 State Grant Revenue 107,983 Transfer from Airport Fund 107.983 $431�31h Increase Appropriations Administration $ 75,891 Engineering 382,579 Construction 3,860,846 $4,319 3316 New Test Underlined; (DELETED TEXT BRACKETED M SUBSTITUTE Ordinance No. 2394-2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: March 18, 2009 Postponed: April 1, 2009 Adopted: July 1, 2009 Effective: July 1, 2009 New Text Underlined; [DELETED TEXT BRACKETED] MR j 4 w Suggested by: Councilman Eldridge f owyof CITY OF KENAI KENAI, ALASKA ORDINANCE NO. 2403-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO: 1) CHANGE THE USES OF SOME PERSONAL SERVICES, RESTAURANTS, DORMITORIES/BOARDING HOUSES AND GREENHOUSES/TREE NURSERIES FROM PRINCIPAL PERMITTED USES (P) TO CONDITIONAL USES (C) IN THE LIMITED COMMERCIAL ZONE (LC); 2) CHANGE MOBILE HOME PARKS FROM CONDITIONAL USE (C) TO NOT PERMITTED (N) IN THE LI_MITED COMMERCIAL ZONE (LC); 3) CHANGE AUTOMOTIVE REPAIR FROM NOT PERMITTED (N) TO CONDITIONAL USE (C) IN THE LIIviITED COMMERCIAL ZONE (LC); 4) ADD LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES; AND, 5) REQUIRE TATTOO PARLORS AND MASSAGE THERAPISTS TO HAVE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONING DISTRICT (TSH) AND TATTOO PARLORS, MASSAGE THERAPISTS, DRY CLEANERS AND SELF-SERVICE LAUNDRIES TO HAVE A CONDITIONAL USE PERMIT IN THE LIMITED COMMERCIAL ZONE (LC). WHEREAS, currently the Land Use Table in KMC 14.22.010 allows personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries in the Limited Commercial (LC) Zone as a Principal Permitted Use (P); and, WHEREAS, automotive repair should be reclassified from not allowed (N) to conditional use (C) in the Limited Commercial (LC) Zone; and, WHEREAS, requiring a conditional use permit for such uses in the LC Zone would allow for greater public input regarding those uses in the LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require a conditional use permit for such uses in the LC Zone; and, WHEREAS, mobile homes should be reclassified from conditional use (C) to not allowed (N) in the Limited Commercial (LC) Zone; and, WHEREAS, tattoo parlors and massage therapists are considered personal services and as such are a principal permitted use in the TSH; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors and massage therapists to get conditional use permits in the TSH; and, WHEREAS, tattoo parlors, massage therapists, dry cleaners and self-service laundries are considered personal services and as such are a principal permitted use in the LC Zone; and, New Text Underlined; )DELETED TEXT BRACXFTED] -43- Ordinance No. 2403-2009 Page 2 of 2 WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors, massage therapists, dry cleaners and self-service laundries to get conditional use permits in the LC Zone. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: May 6, 2009 Second Reading and Postponed: June 3, 2009 Third Reading: July 1, 2009 Adopted: July 1, 2009 Effective: August 1, 2009 New Text Underlined; [DELETED TEXT BRACKETED] M An Ordinance No. 2403-2009, Attachment "A" Page 1 of 4 14.22,010 Laud use table. LAND USE TALE KEY: P = Principal Permitted Use C=Conditional Use S = Secondary Use N =Not Pemritted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL E LANDUSES C RR RRI RS RCSI R51 R6 CC CG IL II7 ED R TSH LC CMU[ One Family 77weliing CIR ' P P P P P P Pa, S' Se S' C''e P P P ( S'/C" '1'tvoPPhree Family Dwelling CAR P P P F P P Pc' Sl C C C" P P P S'/C" Pour Family Dwelling Co u C' P N{ N I P P' S' C C. Ce` N j P j C S'/Cr`i Five/Six Family Dwelling C" C N P N N P P" S' C C N N P C S'/C" Seven or More Family Dwelling Cl. C' N C' 'N N '.. P P2l S' C C N N ( P C t S'/C" i Townircuses" C's C C C C I C j C C C C I C C" C C C I C i jMobile Home Parks` I N 1 C C C C f C( C l C C C C I N C N [C] N C Planned Unit Residential Development C" C C C C C( C C C C C I N C C C C j COMMERCIAL LAND USES C RR j RRI RS RSI f RS2 Rli CC: ! CG II, IH EDP R TSH LC C.MU Automotive Sale, N C C N N N C P P P P( N j N j N N j P Automotive Service Stations N C C N N N C P P P P N 7 C N N P y Basics N C C C N N C P P j P! C N I C C C P (Business/Consumer 1 Services N C C C N N C P P P C N C C C P 'Guide Service N C C C N N C P j P P P N P P C P HutelslMote9s N C C C N ;d C P P P C P C P Lodge ( N C C C N N C P P P C #(Cp P C P Professional Offices N C C C N N P P P P P P P P 1 Restaurants N C C C N N C j P P P I C N C C( [Pf _C P Retail Business N10 C C C N N C P P P P S" Su C C P Wholesale Business N C C Q N N C C � P P P N� S'" I C C N Theencrs/Commercial Recreation N C I C C N N C P P C C N l P C C P -45- Ordinance No. 2403-2009, Attachment `°A" Page 2 of 4 LAND USE TABLE KEY: P = Principal Permitted Use C =Conditional Use S s Secondary Use N =Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C: ! RR RRI RS RSI j RS2 RU CC CG IL III ! ED R TSII LC C,�Lti Airports and Related Uses P''0 C C C N N C P P P P N C N N C Anmmotive Repair N ; C C C N N I I C P P P PN ; N N [NJ C P Gas Manufacturer/Stnrage N N C C N N N N N C° Cs N N N N N Manu6c0tring/Fabricating% %Assembly N C! C I C N N C C P P P N C C N C -- Mini-Storage Facility N C C C N j N C C Y P P N N N C C Storage Yard ! N C C C N i N C C P P P N N TN N C Warehouses N C C C N N C N P ! P i P N j C N 'N' 1 N PUBLIC/ INSTITUTIONAL I LAND USES C RR RIII RS RSI RS2 RU CC CG IL III ; ED R TS11 LC CNIC� Charitable institutions i C C C C C C P P I P P P P C P C P Churchesa C PH, P10 pm Plu Plo Pm P10 Pm C C P P10 P P P (C(inics C C C C C i C C P P P C C 1 C C 1 P i P Colleges"' I C C C C C C C P i P C C 1 P C C C P Elementary Schools' i C C C C C C i C P P C C P C C C P Govemntern'al Buildings C C C C C C C P P I P C P 1 C C I P P Fligh Sohooiss C I C C C C C C P P C I C P C C` C P l Flospials" C C C C C C 1 C P 1, P C C C C i C P Libraries* C C C C C C c- P I' P C P C P C P Museums C C C C C C C P P P C P C P C P Parks and Recreation P C' C C 1 C C C P P P P P P P C P Assisted Living C C C C C C! C I C C i C (. C i C C C C C rMISCELLANEOUS ; _ LAND USES C RR RR'I RS RSI RS2 - RI7 CC CG IL III ED R TSII I LC CMU' ' Animal Boarding" C C j C C C N N C C C C N C N C C I Bed and $Tealcfasts C C G C C C C C C 1 C C N C C; C P Cabin Rentals. C C I C C 1 N N N P P P .C_1 N P. P C P 'Cevta[enes C C C 1 C N N N N C C C N C C N N Crematories/Funeral Homes N' C N C I. N i N i C C i C C! C N C C C. C i Day Care Centers" j C C 1 C C C C C P P i P C S C C C P l P i P)ormitoriesBoerding j Houses C C C C C C P P" & C P P''' ; C i C [P] C P t F.asantla7 Services P Y ]'' P I' Y F P P P Pi P P P A P Farming/General Agriculture-':. P P N N N N N N N N ! P N P N N N I Greenhouseslrree Nurseries > C C C I C C C C P P P C 1 N j i I C C i jP] C P i 9 Ordinance No. 2403-2009, Attachment "A" Page 3 of 4 KEY: P — Principal Permitted Use C — Conditional Use S = Secondary Use N = Not Permitted 14.22.010 LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRI RS IRS . RS2 RE CC 1 CG IL i Hi 1 ED R TSH LC CMU Gummithing, Pruning, N C C C I C C C P P P P N C P P r P l'axidenmy Assemblies" (Large: I C C C C C C C P" l>s Pis Pn't Pr' C P N Pi' Circuses, Fairs, Etc.) Fraternal Organizations/ N C C C C C C P IP P C N C P C P privy l9.ai Ila115 7 3 I and Union Halls I Nursing, Convalescent or i N C C j C C C C P P C C C C C C P Rest Humes Parking, Off-Strwt P P P i P j P 1? P P P P P P P P 1' P Parking, Public Loci' C C C C C C C C C C C C C i C C C Personal Services" C C C C C C C P P P P C C P11 [PlI P 1 Pr, RadioftV Transmitters/Cell i P P ! C C C C C P P P 11 P C C C P Sites. - Recreational Vehicle Parks C C C C N N C C C T C C N C c' N C Subsurface Extraction of C C C C C C C C C C C N C N N N Natural Resources1° j (Surface Extraction of C C C C N N C N C C C N C N N N :Natural Resources" * See 42 USCA See. 2000cc (Religious land Use and institutionalized Persons Act of 2000) See 42 Telecommunications Act of 1996, Sec_ 904(aj ' See, however, the limitations imposed under KMC 3.10.070 Footnotes; I. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streeu and major highways. Commercial or industrial which falls under the landscaping/site plans requirements ofi KMC 14.25 shall include any secondary uses in the landscaping and site plans. Z. One (1)single-family residence per parcel, which is part of the main building. i 3. Allowed as a conditional use, subject to satisfying the following conditions: a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS none; b. The site square footage in area must be approved by the Commission; C. Yards around the site, off-street parking, and outer development requirements shall be the same as for principal uses in tie RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; C. The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, mid will not adversely affect surrounding property values; f_ The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population: h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. '.. 4. See "Townhouses" section. 15, See "Mobile Homes" section. in Ordinance No. 2403-2009, Attachment "A" Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets Grc minimum Federal I:lousing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the, residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty t30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12, Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public: b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. B. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) 'feet shall be provided 'between said use and any adjoining property in a residential zone. b. Exits and entrances mid off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses' section. 17, See "Conditional Use Permit for Surface Extraction ofNatural Resources" section. 18, Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144-2006, 20. The airport related uses allowedunder this entry are aircraft approach zones per KMC 14.20.M(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA. authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RLYTS11 zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24, Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers. beauticians, tattoo parlors. dressmakers,, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the T'SH tattoo parlors and massage therapists are allowed as a conditional Use. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. Limited Commercial Zone. Personal Services Permitted(P) Conditional Use(C) Art Studios X F Barbers X Beauticians X _ Dressmakers X_ _ Dry Cleaners X Self -Service Laundries Fitness Centers X Message Therapist X_ Photoara hie Studios X_ I"ailors X_ I Tanning Salons X Tattoo Parlors 3C in ;�. SUBSTITUTE __ 3 : Suggested by: Council £(+r. teLy Gf KENA\�ASNA CITY OF KENAI ORDINANCE NO. 2403-20€39 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LAND USE TABLE IN KMC 14.22.01.0 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) ADD LANGUAGE TO FOOTNOTE 25 TO CLARIFY THAT TATTOO PARLORS ARE PERSONAL SERVICES; AND; 4) REQUIRE TATTOO PARLORS, MASSAGE THERAPISTS, DRY CLEANERS AND SELF-SERVICE LAUNDRIES TO HAVE A CONDITIONAL USE PERMIT IN THE LIMITED COMMERCIAL ZONE (LC). WHEREAS, currently the Land Use Table in KMC 14.22.010 allows personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries in the Limited Commercial (LC) Zone as a Principal Permitted Use (P); and, WHEREAS, requiring a conditional use permit for such uses in the LC Zone would allow for greater public input regarding those uses in the LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require a conditional use permit for such uses in the LC Zone; and, WHEREAS, mobile homes should be reclassified from conditional use (C) to not allowed (N) in the Limited Commercial (LC) Zone; and, WHEREAS, tattoo parlors, massage therapists, dry cleaners and self-service laundries are considered personal services and as such are a principal permitted use in the LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors, massage therapists, dry cleaners and self-service laundries to get conditional use permits in the LC Zone. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. PAT PORTER, MAYOR SUBSTITUTE Ordinance No. 2403-2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Introduced: May 6, 2009 Second Hearing and Postponed: May 20, 2009 Third Hearing: June 6, 2009 Adopted: July 1, 2009 Effective: August 1, 2009 01 Substitute A Ordinance No 2403-2009 Attachment "A" 14.22.010 Land use table. LAND USE TABLE K6Y'. P= Principal Permitted Use C = Conditional Use S =Secondary Use N = Not Permitted Page I of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES ( C RR RRI RS RSI. RS2 RCl CC CG i 11. I,H ED R I SH LC CNffi One Family Dwelling j C" I P P P i P P P P', S' S' Sr C" P P+ P SI/C111 Two/Threc Family Dwellings Cis P P P I P j P P P" S, C C C°'r P P P S'/C" Four Family Dwelling C's P u P N N P j P" S' C C C" i N P C SYC" j Five/Six Family Dwelling 0 C' N P N N P i Pet S` C C N N_ Y C S4C, i Seven or More Family I Dwelling C`s C' N C' N N P P''' S' C C N N P C �SrIC.°' 'Townhouses' Cis C C C C C C C C C C C" C C C C Mobile Home Parks' N C C C C C C C C C C N C N [C] Y C ;Planned Unit Residential ?Developmcrd C's C C C C I C C C C j C C N C C j C C I ' COMMERCIAL,! I LAND USES C RR RRI RS RSI { RS2 RU CC CG IL 1H ED R� T"SH LC COW Automotive Sales N j C C N N N C P P P P N j N N I N P Automotive Service Stations N C C N N N C P ----- P P P N j C N N P Banks N C C C N 'N' [ C[ P P P I C N C C C � P Business/Consumer Services N C C j C N N I C P P P C 'ill C C C P Guide Service N C C C N N 11 C P P P P Ni P P C i P 1{otels/Motels N C C C N N 4 C P P P C NC P C P jLodge N C C C N N I C P j P P C i N P P C P Professional Offices N C C C N N j P P P t P P N C P P P Restaurants N C C C j N N C P P P C N C C �jP] C j 'P Rexail Business Nd6 C C C N N C P P I P P s" S10 I C C P 1Wholesale Business N C C C N N C C I P j P P N I S20 C C N Theaters/Commercial Recreation N C C i C N i N C P P( C C N j P C C Substitute A Ordinance No 2403-2009 Attachment "A" LAND USE TABLE KEY: P=Principal Permitted Use C =Conditional Use S = Secondary use N =NM permitted Page 2 of 4 NOTE: Reference footnotes on following pages For additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRI RS RSI RS2 PU CC CG IL III ED R TSH LC �CMU� Airports and Related Uses Pao C C C N N j C P P P P N C i N N C Automotive Repair N C C C N N C 11 P P P N N N s P Gas Marufeeturer/Storage I N N C C N N N N N j C C° N N N j N N Nlanufaciming7Famicaiiug/ Assembly N C C C 1 N N C' C F P P N( C C N C Mini -Storage Facility N C C C N N C C j P P? P j N N N C C Storage Yard N C C C N N C C P P P N N N N i C Warehouses I N C C C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL r 1 � LAND USES 1 C RR RRI RS RSI RS2 RU CC: CC; IL III ED R TSH LC CMII Charitable Institutions C C C C i C C P P P P P P C P C P !Churchee C 110 ( 1,10 Pw ! Pi0 I"0 Pm Pf° P10 C C p j P1° P P P !Clinics C C C C C C j C P P P i C j C C C P j P l Colleges- C C C C C C C P P C C P C C C P E?lemerimry Schools* C C C C C C! C P P C C P C C C P 0overnmettal Buildings g C C C: C C C C P P P C P C C P P High Schools* C C C C C C C P P C C P C C C P Hospitals* C C C C C C C P P P C -C C C C P I Libraries- C f C C C C C t C" 11 P P P f C P i C P C P !Museums C C C C C C C P P P C P C P C P Parks and Recreation P I C C j C C C C P P P P P P! P C P Assisted Living C C C C C C C! C C C i C C C C C! C MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CC IL III ED R TSII LC CMU Animal Branding" C C C C C N N C C C C N C N C C Bed and Breakfasts _ C C i C C_ C C_C j. C C �_ C C N C C ii C P Cahia Rermis C C C C N N N j 11 P P C N P P C P Cemeteries C C C C N N I N N C C C N C C N N Crematories/Funeral Homes N C N C N N C C C I C C N C C C C ,Day Care centers" C j C C C C C C P P I P I C C C( C P I P Dormitories/Boardingg HOLMS C C C C C C P P" S C I> P" C C [P] C P i Essential Services P P P P P P P P P P P I Y P P P l P FarminglGeneral Agriculture"* i, P P N N 1 N N j N N N N P N P N N N Greenhouses/ltee Nurseries° ' C ! C C C C C C I P P P C N C C (Pl, C P 1 -52- Substitute A Ordinance No 2403-2009 Attachment "A" KLY P = Principa] Permitted Use C =Conditional Use S = Secondary Use N = Not Permitted Page 3 of 4 14.22.010 LAND USE TABLE NOTE: Reference drannones on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RP, CC CG IL In ED I R Gunsillithing, printing, N C C C C C C P P P P N C P P P Taxidermy Assemblies"(farec C C c C PO P" Pt`P15 C P I N F115 Circuses, Fairs, Etc.) Fraternal Organizations/ N C C C C C C P P P C N C P C 3, Private Clubs/Social Halls and Union Balls Nursing, Convalescent or N C C C C C C P P C 1 C C C C C P Rest Homes Parking, Off-Strect P P P P P P P P i P P P P P P P P Parking, Public LatsT' C C C 1. —C C c C C C C 1 C C C C j C C Personal Services" C C C C C C C P P P P C C P!, [P] P PLC� 1 RadjorrV P P C C Cl C C P P P P P C C C P Tralisnotters/Cell Slais* i Recreational Vehicle Parks C C C C N N C C C C C N C C N C Subsurface Fx1laction of i C I C C c C C C C C C C N C N N N 'Natural Resources I I Surface Extraction of C C cC l — N N C N C C C' N C Nato ral Res �NN N See 42 USCA Sec. 2000cc (Relimous Land Use and Institutionalized Persons Act 0"2000) See 42 Telecommunications Act of 1996, Sec. 704(a) See, however, the limitations imposed wider KMC 3. 10,070 Promotes: I. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the. landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plains. 2, One (1) single-family residence per parcel, which is part of the main building. 3. Allowed as a conditions] ase, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; It. The site square footage in area must be approved by the Commission; C. Yards around the site, off-street parking. and other development requirements shall be the same as for principal lines in the RR zone; d, Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in I harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessary uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; 1), The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. 'floe property adherent to the proposed dwelling group will not be adversely affected. 4. See `Townhouses" section. 5. See "Mobile Homes" section. -53- Substitute A Ordinance No 2403-2009 Attachment "A" Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets thel minimum Federal Housing Authority requirements. 7. See Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as aconditional use, provided that all applicable safety and fire regulations are met 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditionaluse, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public: b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, bu0'er strips, mad other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this, requirement 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15, Allowed, provided that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall. be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off-street parking for the use shall be located to prevent: traffic hazards on the public streets. 16, See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18, Conditional Use allowedonly on privately held property. Not allowed on government land&. 19. Deleted by Chdinanee 2144-2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter Pence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. �21. Developments for use shall be the same as those listed in the `Development Requirements Table"for the RU/TSH zones. 122. Allowed as a conditional use in conjunctionwith a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g, a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors. dressmakers, dry cleaners and self-service laundries, fitness centers. photographic studios, tailors, farming salons and massage therapists 26, Food services are allowed on a temporary or seasonalbasis of not more than four (4) months per year. Limited Commercial Zone Services Permitted(P)Conditional Clse C �Personal Arty Studios X Barbers X Beauticians X Dressmakers X _ Dry Cleaners X Self -Service Laundries X Fitness Centers X Massa eTherarist ( X Pbota r hie Studios X Tailors I Tanning Salons -X X Tattoo Parlors X -54- Suggested by Council CITY OF KENAI PLANNING AND ZONING COMMISSION y a�✓ RESOLUTION NO. PZ09-3s4 c,lv of / A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE LAND USE TABLE IN KMC 14.22,010 BE AMENDED TO: 1) CHANGE THE USES OF 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) ADD LANGUAGE TO FOOTNOTE 25 TO Y V T Y T_� T^ T TTY !'1TTTT (' Y 1 CLARIFi I!AT TATTOO ARLORS AYZE Pr RSONA SERVICES; AND; 'I REQUIRE TATTOO PARLORS, MASSAGE THERAPISTS, DRY CLEANERS AND SELF—SERVICE LAUNDRIES TO HAVE A CONDITIONAL USE PERMIT IN THE LIMITED COMMERCIAL. ZONE (LQJ WHEREAS, currently the Land Use Table in KWIC 14.22.010 allows personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries in the Limited Commercial (LC) Zone as a Principal Permitted Use (P); and, WHEREAS, requiring a conditional use permit for such uses in the LC Zone would allow for greater public input regarding those uses in the LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require a conditional use permit for such uses in the LC Zone; and, WHEREAS, mobile homes should be reclassified from conditional use (C) to not allowed (N) in the Limited Commercial (LC) Zone; and, WHEREAS, tattoo parlors, massage therapists, dry cleaners and self-service laundries are considered personal services and as such are a principal permitted use in the LC Zone; and, WHEREAS, it is in the best interest of the City of Kenai to require tattoo parlors, massage therapists, dry cleaners and self-service laundries to get conditional use permits in the LC Zone. NOW, THEREFORE, IT IS RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, AL ASKA, amend the City of Kenai Code of Ordinances as shown on Attachment "A" New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] -55- PZ09-34 Page 2 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24th day of JUNE 2009. U>' ATTE' // STCHAIRMAN � m Resolution No. PZ09-34 Page 1 of 4 14.22.010 7Laind use table. LAND USE TABLE; KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional. restrictions —ZONING DISTRICTS LAND USES C RR HER1 PIS RSE RS2 RU CC CG flL Y.'f3 EII ': R TS%$ LC —CM —II One Family Dwelling C's P P P j P! P P P" St ' Ss S, Cy I P P P S'/C't Two/Three Family Dwelling C" P P P P P P P" S' C C C� P P P S'(Ct' 1 !Four Family Dwelling C't P co P A' N ' P P21 S' C C, Ct' N P C S'/Cr' PlvelStx Family Dweilmg C't C' N P N N .P P" St C C N N P C N[C'' Seven or More Family Dwelling C`t C' N C N N P ( P�1 Si I C C — N N�� - P C S'/Cxt Townhouses4 Ct" C C C C C C C C C C I Cr' C C C C Mobile Home Parks' N C C C 1 1 C C C 1 C C C C N C N n C Punned Unit Residential Development' Clt C � C C C C C C C 1 C C N C C 1 0 C COMML' 1RCLkL LAND USES C RR RR9. RS RS% RSI ! RU CC CG IL TH EIID R TSH LC CMII Automotive Sates N C C N N N( C P P l P P N N N N P Automotive, Service Stations N C C N N( N=IC P P P P N C N N S' Banks N C C C N N C P P P C N C C C P it Business/Consumer ! Services N! C C C N N i C P P P C N C C C P Guide Service N C C C N N C P P P P N P P C P Flotels/Motels N C 1 C C N N C P P P C N C P C P Lodge N C C C N N C P P P C N P P C P Professional Offices N C C C N N P P P P P N C P P P Restaurants N C C C N N C P P P C N C C jP] C P Retail Business Nis C C C N N C P P P P Su St4 C C P Whoteasle Business N C C C N N CI P P P 1 N S21 C C N Theaters/Creamercial Recreation N I C C C N N C t P P C C N P C C P -57- Resolution No. PZ09-34 Pale 2 of 4 LAND USE TABLE KEY: P = Principal Permitted Use C — Conditional Use S = Secondary Use N = Not Permitted NOTE, Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRLkL j LAND USES C IER RRI RS RSI RS2 RU CC CC TL III ED R `&'SH ' LC CMU, Airports and Related Uses Pao C C C N N C P P P P N C N N C Automotive Repair i N C C C N N C P P P P N N N N P Gas Manufacturer/Storage N N C C N N N N N Cs C" N N N !N N Marrufactmang/Fabricating/ Assembly N C C C N N C C P P P N C C N C Mini-Siomge Facility I N C C C N 'N C C P P P N Storage Yard N C C C N N C C P P P N N N N C Warehouses N C C C N N C N P P P N C 14 N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS RSI. RS2 RU CC CG H, If" ED R TSH j LC CMU Charitable Institutions C.' C i C C C C P P P P P P C P C P Churches* C Pm I Pm P10 Flo Pin Pm Pui P10 C C P P1° P P P Clinics C C C C C I C C P P! P C C C C P P Colleges* C C C C C C C P P C C P C C C P Idemetuary Schools" C C C C C C C P P C C I' C C C P Governmental Buildings C C C C C C C P P P C P C C P P High Schools" C C C C C C C P j P j C C P C C C P !Hospitals* C C C C C C C P P P C C C C C P Libraries* C C C C C C C" P P! P C P C P C P Museums C C C C C C C P P P j C P C F( C P Parks and Recreation P C C C C C C P P P P P P P C P Assisted Living C C C C C C C C C C C C C C C C MISCELLANEOUS i LAND USES C RR RRI RS RSl RS2 RU CC CG III. U1 ED R TSFI LC CMU Animal Boardingi0 C C C C C N j N C C C C N C N C C Bed and Breakfasts C C C C C C C C C C C N C C C P ' Cabin Rentals C C C C N N N P P ! P C N P P C j P Cemeteries. C. C_ C..'_ C_ N N N .N -C C C N C C N N Crematorms/Funeral Homes N C N C N N C C C C C N C C C- C Day Care Centers" C C C C C C..'..C. P P P C C C 1 C P Y }Donnitories/Boarding Houses C C C C C I C P Pei S C P P" C C I [P] C P Essential Services P P P P P P P P- F P P P P P P P Fanning/General Agriculture`^* P P N N N N N N N N P N P N N N Greenhouses/Tree Nurseries" C C C C C C C P P P C N C C [Pj C P Me Resolution No. PZ09-34 Page 3 of 4 YEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N =Not Permitted 14.22,010 LAND USE, TABLE NOTE. Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CG H, dud F D R TSFA LC CNIU Cmnsnnifhing, Printing, N C C C C C C P P P P N C P P P 1"axidetmy I Assemblies" (large: C G C C C C C P" P's � pis pit pis j C P N Piz Circuses, Fars, Etc) j Fraternal Organizations/ N C C C C C C P P P C N C P C P Private Clubs/Social Halls ( and Union Halls j Nu;airg, Cenva!wcerzor r; ( C C C C C l p I n r I C C I C I C C p Rest Homes Parking, off -Street P P P P P P P i P P P j P P P P P j P iParking, Public Lots'r C C C C C C C C G C C C C, C C C; ''. Personal Services°A C C C C C C C P P P P C C P" [P] P P/C" �jRadto/TV Transmitters/Cell P P C C C C C P P P P P C C C P '...Sites** Recreational Vehicle Parks C C C C N N C C C C C N C C N C Subsurface Extraction of C C C C C C( C C C C C N C N N N Natural Res rarcesI6 Surface Rxu action of C C C C N N C N C C C N C N N N j Natural Resources" I See 42 USCA Sec. 2000ce (Religious Land Use and institutionalized Persons Act of 2000) ** See 42 Telecormnumoatio s Act of 1996, Sec. 704(a) **" See, however, the limitations unposed under ICV1C 3.10.070 Footnotes: I Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KIMC 14.25 shall include airy secondary uses in the landscaping and site plans. 2. One (1) single-familyresidence per parcel, which is part of themain building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a, The usable area per dwelling unit shall be the same as that required for dwelling units in the M zone; b. The site aquae footage in area must be approved by the Commission; G. Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses it. the RR zone; d- Water and sewer facilities shall meet the requirements of all applicable health regulations; it, Tire proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with (. the character of the surrounding neighborhood, and will not, adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and. customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development; adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets me designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See, "Townhouses"section, 5, See "A4obile Homes" section. -59- Resolution No, PZ09-34 Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets, the mhtimutn Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9, Allowed as a conditional use, provided drat all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11, Allowed as a conditional use, provided that no part of any building is located nearer than Pnirt'y (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met. a. The proposed location of the use and the size mid characteristic of the site will maximize its benefit to the public; b_ Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission sball specify the conditions necessary to fulfill this requirement 1.4. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary, 1.5. Allowed, provided that the following conditions are met, a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off-street narking for the use shall be located to prevent traffic hazards on the public streets. 16, See "Conditional Uses" section. 17, See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18_ Conditional Use allowed only on privately held property. -Not allowed on government lands. 19, Deleted by Ordinance 2144-2006. 20, The airport related uses allowed under this entry are aircraft approach zones per I MC 14.20.070(a), except that fat properties contained inside the airport perimeter fence or having access to aircraft movement areas, ranps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the sane as those listed in the "Development Requirements Table" for the RUlTSH. zones. 22, Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year_ 27 Limited Commercial Zone Personal Services P'e%anti8ed P' — e 1 Condition at Use(C) Art Studios. X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self -Service Laundries X FFitnes� s-Centers - ?X lblassaia Thera ist Photo ra hicStu_dios X Tailors X -___-_- j Tanning Salons X Tattoo Parlors X Suggested by: Planning and Zoning tke city // CITY OF KENAI • t i k ff1ST*TW&63WZ1S#: AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA; AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING A PORTION OF LOT IE KILLEN ESTATES COLLIER REPLAT FROM SUBURBANT 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 BRACKETED] M 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. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 17, 2009 Adopted: July 1, 2009 Effective: August 1, 2009 New Text Underlined; (DELETED TEXT "0 2 f ✓{t CITY OF KENAI PLANNING AND ZONING CO 0; 1ISSION RESOLUTION NO. PZ09-29 REZONE PERNUT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COLTNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Don Collier ADDRESS: 1703 Redoubt Avenue, Kenai, kK 99611 LEGAL: Lot IE Killen E Cates Collier RcpIat PARCEL #: 04321027 WHEREAS, the Cormnission finds the following: 1. The subject property is currently zoned Suburban Residential b: Rural Residential 2. 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 wi,lI 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 - KMen Estates Collier Replat is hereby recommended to the Kenai City Council, PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KE1NTAI, ALASKA , .It ENE 10, 2009. . CHAFIBPERSON e ATTEST i 93 NorEI. p D H p l +,h 1 .wN t t a Fry i K rn9 g i 2) Ap P't sta PdiOOdRIWI 'fRS'Ivl,p, ed IF, Uv1, 10 t 1 Al D p 1 1 Of p 3) NO , IlPfIll, r mi illI 1 a OilAin ° {Ail) Fill h t .1-Ili, di Ill OE 1 U11INE, b ih 1. t) PLt El ( d p. IM1 1 nveei q 1' YI i th A P i °1 E3 ]a @99J {100.G0� g39Y'('F0.0 o 9999(100.OD'j�'---. 01 Lot 1B oz2 A . SQ.F /F_YoR_�LMRTIF ATE n ., rliry U{ lv. Mr 3 e a t t y + g allSl l 1 O 4 A pl t ry- 1 a oy m n fs 1 pM li tl s 0ItAt, 'i, t tl 1 ,P,dl,A if A-°i IA', . _, a A 'i, Slote o! AI°a4°. 9°se Of a -,ill (NB9'58 30"W 253i.599 255' 36' Redoubt Avenue [N8956.5W 630401 Na"Aa'A'W 63O.2i LOi B-13 1 O y y r filr�li� VICINITY MAP / CT T N CERTIFICATE of, OWNERSHIP and DEDICATION WE HEREBY 0BVFY THAT N£ ARE frL lid o(S) OF LiE RFN ECOOICTY SI PN4 NID OCLIDGCU NF°i0N AND `HAT WF HFR,E9'I A{YJPT COS PLAN A Cr 99DDMStPN AND By ODE I',E CONSFAT OF"- rt A L C10iOF- WAY Attl S"Pa C AREAS :p POO-C USE MN) CRANr AILEASFAIE FTS TO 9'AI "NE USE S.C., 135AT (135Jai o �- 6005' 110, S-l-At ATn -RAF 98611�ernie (l l 1 telly) (L fh) 951t 6�ti I doR3 to of . a %•':' )n uliAir_s p 6 w m r- G F'a5a 1S5_'tY �ttiq lyI tl w _ � tl mint n .._ 41 089'58.5W 630 63AS01 N89 5859 W 61031- µ Of Lot 1C Lot 1E x �) 19,OlO SE. 1i50 A. �� C lDa m' s3o as' Eo.as nos rr ae<,�':�s (sos sa m'e 6ea No) 69asz , 110s e°ar.°a ` A I -OF AS ASCII �m (tot D-'A) VOIARfS ael'N QkULDGMENT 4c mED A ND s1WJR RF.GGRe AS Mw is � Dn � �> P.rnxv Pueticl smle OP nvs;a MY ew.11,111, EXFIREs_LP_st..L Ell FAEO PLAT APPROVAL TES PLAT WAS AFIIOIIE DY 11E 1 " A D _F mE. CNv8eg0'1 1N nA7QIDP Mi -Pi 4E ➢O11 2011171 YHU1 1'{a „A gMT7!Iru SVBOM9=2V R[F1itARMIS BENEFICIARY CER11FICAJE - r R Ftes nP. 2008-258 I HEREBY CER'NFY iFAT OES SAVE Al ErVltt 1N;ERESr AS REOEEICIAIGFS K n $ s ON OEED CF rRVST OF TPE REAt Ali5NOYN .0 DESCRI9ED � O �-'e 0 Estates B �`� tli 2 in pi8 1 --g+DG1vP >s -..t (Ra3ad) - I(gREON AP(,, j((W1�A/Y K£ HERE BY 1- H110rAFISE DC THIS PLAN OE '�;SI Collier Replat �JhU�S>n0 �uY'Gm r✓ry �YY" A ry 1. is 0 t4 C T fat aCn y1-ft�svb;f. of G°p➢"mia u�� n at (tav mod) —fie n" b A PI 11CS l t t S JIAr sup0. Piat ¢ Yg- e�m V ID} T 11 KIf t PPl 1."11 1111 o s/.' ROOO, (`°me) smlwe t°wiOd anbA IF. "'/A Illai. dll. . TON, Fill S .. Fry-1 - q Q O /8 Re6 r (s¢() ( p©� r ° Y R ' g t. I t% Pan I . jh. Ail -� s a R_N (. a1<) NOTARY'S_ riGKNOWLEDG f RECORDEDa. EFE F. 3. K-° Dcr. FD D SWL'Ru. Ft TOPE AHC MHS r7 Y O l [ ) { I Dcl.,--m K.11- CiAll, Adel n N� 1 `Z.IDg �p,J/�.(�/ee.��y, p f� sHEW, �� r7CGP�oE+y64] rYT'dG: aovn a, ° TO, 1 1 rI°t ¢ 76-105 O � �!(� O p.- `^: 8� a4F 5"GILu at s s1 p y N. AI se rzs0z ( ) RecoN DOt- E V1an Ali,- No. I q ((J r IR-f - �¢ QFP D en t ) Y . a Piui d Kh I rD // .T /I 6 NtmL� 1 r n sF±'2l5 .v .. li Y �. 1819 BJLV SPUR HWr m 3 t NtoAra P°Itm t N. .ma - "t�- t'� - - - Pht; 79 �03 KOa NYT^^I )A,N EYTIIRE9 SADF Kt3eat IKENAI nLfiSKN 39B11 y>,ItTctto .. Fom s,uE d tSe aLy a�/f KENAIv� SKA Suggested by: Administration CgI11G"Z }'aii)i`17a RESOLUTION NO. 2009-32 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENCOURAGING AND SUPPORTING THE EFFORTS OF ALL INVOLVED OIL INDUSTRY BUSINESSES AND AGENCIES TO DEVELOP A SAFE PLAN TO ALLOW CONTINUED PRODUCTION AT THE OIL INDUSTRY FACILITIES ON THE WEST SIDE OF COOK INLET. WHEREAS, there have been Mt. Redoubt volcano eruptions and volcano status watches on the west side of Cook Inlet since March 22, 2009: and, WHEREAS, a Unified Command: Drift River Terminal. Coordination, which includes the United states Coast Guard, Alaska Department of Environmental Conservation, and Cook Inlet Pipe Line Company, formed on March 29, 2009 to evaluate resources at risk, evaluate response scenarios, and predict consequences of various decisions; and, WHEREAS, following an explosive event on April 4, 2009, Cook Inlet Pipe Line Company made the decision to remove as much oil from the Drift River terminal as possible and to temporarily suspend operations until the volcano's eruptive cycle enters a period of continued calm; and, WHEREAS, on April 28, 2009, additional crude oil, seawater, and tank -bottom substances were also removed; and, WHEREAS, this eruption and volcano status watch also caused the producing platforms in Cook Inlet to cease operations as they ordinarily transport some of their crude oil to the Drift River terminal; and, WHEREAS, the Cook Inlet oil industry has been a significant cornerstone for the Kenai Peninsula Borough economy for over forty (40) years and has a history of environmentally safe operation; and WHEREAS, the shutdown of the Drift River terminal and the producing platforms has caused the contractors and operators to suspend or transfer many jobs to other locations; and, WHEREAS, the Unified Command Team is now meeting to form a plan on when, how and if the Drift River terminal will be reopened. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, SECTION 1: The City of Kenai supports and encourages the Unified Command Team, consisting of the United States Coast Guard, Alaska Department of Environmental Conservation, and Cook Inlet Pipe Line Company, in their New Text Underlined;. [DELETED TEXT BRACKETED] *e Resolution No. 2009 * Page 2 of 2 development of a safe plan that will allow for the continued production of oil from the oil industry facilities on the west side of Cook Inlet. SECTION 2: This resolution will be sent to the above -mentioned companies, agencies, Governor Palin, all legislators, and the Alaska Congressional Delegation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Me Suggested by: Administration 11" a� "f // CITY OF KENAI RESOLUTION NO. 2009-33 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXPRESSING APPRECIATION TO STATE OF ALASKA SENATOR TOM WAGONER, SPEAKER MIKE CHENAULT AND REPRESENTATIVE KURT OLSON FOR THEIR EFFORTS IN REPRESENTING THE CITY OF KENAI AND CITIZENS OF THE KENAI PENINSULA DURING THE 26TH LEGISLATIVE SESSION. WHEREAS, in effectively representing citizen's interests it is necessary for the City of Kenai to work closely with our Legislation Delegation; and, WHEREAS, Senator Wagoner, Speaker Chenault, Representative Olson and their staff have always made themselves available to discuss issues of importance to the City of Kenai; and, WHEREAS, the Municipal Matching Grant Program and PERS funding have been critical issues for all municipalities throughout Alaska; and WHEREAS, for many years, the number one capital priority for the City of Kenai has been the construction of an erosion control project along one mile of the north shore of the Kenai River; and, WHEREAS, the City of Kenai has undertaken a significant project to improve the quality of its municipal water production and distribution systems; and, WHEREAS, these projects could only be undertaken with the assistance of the state government; and, WHEREAS, Senator Wagoner, Speaker Chenault and Representative Olson supported and worked for legislative funding for the Municipal Revenue Sharing Program, PERS funding, the Kenai River Bluff Erosion Control Project, and the Kenai Municipal Water System Improvements Project; and, WHEREAS, the Municipal Revenue Sharing program provides funding to assist communities with the high cost of energy and fuel; and, WHEREAS, the construction of the Kenai River Bluff Erosion Control Project will result in the cessation of erosion and protection of homes, businesses and infrastructure; and, WHEREAS, the construction of the Kenai Municipal Water System Improvements Project will result in the production and distribution of water meeting the EPA water quality standards. • Resolution No. 2009-33 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City expresses its appreciation to Senator Tom Wagoner, Speaker Mike Chenault and Representative Kurt Olson for their efforts in representing the City of Kenai and Citizens of the Kenai Peninsula during the 26rh Legislative Session, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk New Text Underlined; (DELETED TEXT BRACKETED) 0 Suggested by: Administration CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY" OF KENAI, ALASKA, EXPRESSING APPRECIATION TO GOVERNOR SARAH PALIN FOR HER EFFORTS IN REPRESENTING THE CITY OF KENAI AND CITIZENS OF THE KENAI PENINSULA DURING THE 26TH LEGISLATIVE SESSION. WHEREAS, the City of Kenai and other municipalities throughout Alaska work with Governor Palin and her staff to discuss municipal operational and capital funding priorities; and, WHEREAS, Governor Palin as a former Mayor recognizes the importance of, and has been an advocate for the Municipal Revenue Sharing Program and PERS funding; and, WHEREAS, for many years, the number one capital priority for the City of Kenai has been the construction of an erosion control project along one mile of the north shore of the Kenai River; and, WHEREAS, the City of Kenai has undertaken a significant project to improve the quality of its municipal water production and distribution systems; and, WHEREAS, these projects could only be undertaken with the assistance of the state government; and, WHEREAS, Governor Palin included in the budgets she submitted to the legislature funding for the Municipal Revenue Sharing Program, PERS funding, the Kenai River Bluff Erosion Control Project, and the Kenai Municipal Water System Improvements Project; and WHEREAS, the Municipal Revenue Sharing program provides funding to assist communities with the high cost of energy and fuel; and, WHEREAS, the construction of the Kenai River Bluff Erosion Control Project will result in the cessation of erosion and protection of homes, businesses and infrastructure; and, WHEREAS, the construction of the Kenai Municipal Water System Improvements Project will result in the production and distribution of water meeting the EPA water quality standards. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City expresses its appreciation to Governor Sarah Palin for her efforts in representing the City of Kenai and Citizens of the Kenai Peninsula during the 26th Legislative Session. -70- Resolution No. 2009-34 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] -71- Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2009-35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO PENINSULA PUMPING, INC. FOR PORTABLE RESTROOMS RENTAL - 2009 FOR THE TOTAL AMOUNT UP TO $21,330.00. WHEREAS, the following bids were received on June 23, 2009: BIDDER TOTAL Theme John Company 1 $27 990.00 Peninsula Pumping Tnc. I S21 330.00 ;and, WHEREAS, Peninsula Pumping, Inc. bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Peninsula Pumping, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Peninsula Pumping, Inc. bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the bid for Portable Restrooms Rental - 2009 be awarded to Peninsula Pumping, Inc. for the total amount up to $21,330.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: `7 w^' PAT PORTER, MAYOR -72- ,�V�`lfaye with a Past C# with a FatarAe„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 _ Mea'yof KLNQLALASKA MEMORANDUM To.Rick Itoeh, City Manager 1'hru: Wayne Ogle, Public Works Director From: Robert J. Frates, Parks & Recreation Directo Date: June 24, 2009 RE: Portable Restrooms Rental A total o t'two bids were received on 23 June 2009 for portable restroom rental and services for the upcoming Personal Use Fishery. The bids received were as follows: Vendor j North Beach South Beach Total Peninsula Pumping, Inc $9,960.001 $11,170.00 $21,330.00 John Company $11,490.00 . $16,500.00 $27,990.00 Peninsula Purnping, Inc. provided the lowest quote for services, both on the North Beach and South Beach. I recommend the City award the bid to Peninsula Pumping, Inc. for restroom rental and services in the amount up to $21,330.00, -73- 14 \\ Me Ctly a/ Z/ CITY OF KENAI Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING KENAI HANGAR, LLC BE GRANTED THE CONTRACTUAL RIGHT FOR A TWENTY (20) YEAR LEASE RENEWAL FOR A THIRTY-FIVE (35) YEAR LEASE ON LOT 11, BLOCK 1, F.B.O. SUBDIVISION AND A PORTION OF LOT 10, BLOCK 1, F.B.O. SUBDIVISION, DESIGNATED AS LOT I IA ACCORDING TO THE PRELIMINARY PLAT. WHEREAS, KMC 21.10.080(2) authorizes the Council by resolution to grant a lessee the contractual right to a. lease renewal upon such terms and conditions as it determines are in the best interests of the City; and, WHEREAS, Kenai Hangar, LLC has applied to lease Lot 11, Block 1, F.B.O. Subdivision and a portion of Lot 10, Block 1, F.B.O. Subdivision (designated as Lot 1 lA according to the preliminary plat); and, WHEREAS, Kenai Hangar, LLC will build a 76' 9"' by 77' free span metal building, slab on grade floor and attached 18' by 45' wood framed office; and, WHEREAS, KMC 21.10.090(d) provides for a maximum term of a new lease of thirty- five (35) years; and, WHEREAS, Kenai Hangar, LLC needs the contractual right for a lease of fifty-five (55) years, consisting of an initial thirty-five (35) year lease term and a twenty (20) year lease renewal in order to adequately re -coup its investment in the property; and, WHEREAS, the estimated value of the lease improvements will exceed one million dollars; and, WHEREAS, it is in the best interest of the City of Kenai to authorize Kenai Hangar, LLC be granted the contractual right for a twenty (20) year lease extension for its lease of Lot 11, Block 1, F.B.O. Subdivision and a portion of Lot 10, Block 1, F.B.O. Subdivision (designated as Lot 11A according to preliminary plat). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, pursuant to KMC 21.10.080, Kenai Hangar, LLC is authorized to be granted the contractual right to a twenty (20) year lease extension for a thirty-five (35) year lease of Lot 11, Block 1, F.B.O. Subdivision and a portion of Lot 10, Block 1, F.B.O. Subdivision (designated as Lot 1 IA according to preliminary plat). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of July, 2009, ATTEST: Carol L. Freas, City Clerk ®' PAT PORTER, MAYOR "Village witli a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 :. Telephone: 907-283-7535 / FAX: 907-283-3014 ' f = 1992 the of KEN ALASKA TO. C.:y CounaPl FROM: Rick Koch DATE: July 1, 2009 SUBJECT: Kenai Hangar, LLC Lease The purpose of this correspondence is to provide the following background information regarding the proposed Lease of Airport Land to Kenai Hangar, LLC: Aaron Murray d/b/a Kenai Hangar, LLC submitted a Lease Application April 20, 2009 requesting a Lease of Airport Land in order to construct a 76'9" by 75' free span metal hangar and 18' x 45' wood framed office. The amended Lease Application estimates the value of the proposed improvements at $1,013,000.00. Construction would begin August 3, 2009 and be completed by December 20, 2009. The desired lease term is 35 years with an option for a 20 year renewal. The lease requires a replat of Lots 9, 10, and 11, Block I F.B.O. Subdivision, which are 1.00' wide, into two 150' wide parcels. • Planning and Zoning Commission met May 13, 2009 and found that the proposed lease conforms to the ALP, the Comprehensive Plan and Zoning The Airport Commission met May 14, 2009. Both Commissions recommend approval of the lease. • Since Administration's action was not contrary to the Airport Commission and Planning & Zoning Commission recommendations, the Lease was scheduled as an Information Item on the June 3 Council Meeting Agenda: • In amending the approved Lease form, Mr. Murray requested the contractual right for a 20 year lease renewal be included in the Lease. ® Pursuant to the table contained in 21.10.090, the maximum term is 35 years for a $500,000.00 investment value. An extension shall be one year for each $25,000.00 of additional investment. Kenai Hangar's additional $500,000,00 investment above the maximum term of 35 years would determine a twenty year extension. Administration believes it is in the best interest of the City to authorize Kenai Hangar, LLC be granted the contractual right for a twenty year lease extension for its lease of Lot 11, Block 1, PBO Subdivision and a portion of Lot 10, Block 1., FBO Subdivision (designated as Lot I IA according to the preliminary plat). -75- June 24, 2009 dlon KENAI MUNICIPAL AIRPORT THIS LEASE AGREEMENT entered into this day of , 2009, by and between the CITY 4F KENAI, ("City") 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, and KENAI HANGAR, LLC, ("Lessee") whose address is 1105 Porter Way, Milton, WA 98154. DEFINITIONS For the purposes of this Lease the following terms are defined as follows: 1. Airport - the Kenai Municipal Airport, including all the runways, taxiways, aprons, water lanes, water taxiways, and all City -owned real estate located within the boundaries of the Airport Reserve as defined in KMC 21,05.010-020. 2. Airport Manager — the official to whom the City Manager of the City has delegated the authority and responsibility of managing and directing the activities of the Airport. "Airport Manager" includes that person's authorized representative. City - the City of Kenai, Alaska, a home rule municipal corporation of Alaska. 4. City Manager - the official to whom the Kenai City Council has delegated the responsibility of managing and directing all activities of the City. Contamination - the unpermitted presence of any released Hazardous Substance. 6. Environmental Law - any applicable federal, state, or local statute, law, regulation, ordinance, code, permit, order, decision, judgment of any governmental entity relating to environmental matters, including littering and dumping. 7. FAA — the abbreviation for the Federal Aviation Administration 8. Hazardous Substance - any substance that is defined under an Environmental Law as hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil. LEASE OF AIRPORT LANDS Page I of 32 City: Lessee: -77- 9. KMC — the abbreviation for the Kenai Municipal Code. 10. Permanent Improvement - a fixed addition or change to land that is not temporary or portable, including a building, building addition, gravel fill, paving, retaining wall, storage tank, and well. ARTICLE I PREMISES LEASED A. PREMISES: In consideration of Lessee's payment of the rents and performance of all the covenants of this Lease, the City leases to the Lessee, and the Lessee leases from the City, the following described proper ' ("'re rises") in the Kenai Record';ig District, Th rd Judicial District, State of Alaska and located on the Airport; to wit: LOT 11, FBO Subdivision and a portion of Lot 10, FBO Subdivision (designated as Lot 11A according to preliminary plat). B. NO WARRANTY: Except as may be provided in this Lease, the City makes no specific warranties, expressed or implied, concerning the condition of the Premises including, survey, soils, wetlands, access, and suitability or profitability for any use including those authorized by this Lease, its environmental condition, or the presence or absence of Hazardous Substances in, on, and under the surface. The Lessee takes the Premises on an "as is" basis and without warranty, subject to any and all of the covenants, terms, and conditions affecting the City's title to the Premises. ARTICLE H RIGHTS AND USES A. AUTHORIZED USES USE OF PREMISES: The City authorizes the Lessee to use the Premises for the following purposes only: Hangar and Small Office Facility 2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing, the Lessee will operate its business on the Premises on a continuous basis, uninterrupted by any period of closure over 15 consecutive days or 30 aggregate days within any 12-month period of the term of this lease. The Lessee will give the City written notice before closing the Lessee's business on the Premises for more than 10 consecutive days. The notice must state the reason for the closure LEASE OF AIRPORT LANDS Page 2 of 32 IN City: Lessee: and the date on which the Lessee will re -open for business. This provision does not apply to any period during which the Lessee is unable to operate its business as a result of an act or directive of the City, or as a result of a closure of the Airport or loss of the Lessee's buildings on the Premises due to fire or natural disaster or order of public authority. B. RIGHTS RESERVED TO THE CITY. I . RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others any rights and privileges not specifically granted to the Lessee on an exclusive basis. The rights and privileges granted to the Lessee in this Lease are the only rights and privileges granted to the Lessee by this Lease. 2. EASEMENTS: The City reserves the right to make grants to third parties or reserve to the City easements or rights of way through, on, or above the Premises. The City will not grant or reserve any easement or right of way that unreasonably interferes with the Lessee's authorized uses of the Premises. INGRESS, EGRESS AND INSPECTION: The City reserves the right of ingress to and egress from the Premises and the right to enter any part of the Premises, including buildings, for the purpose of inspection or environmental testing at any time. Except in the case of an emergency, all inspections and environmental testing will be coordinated with the Lessee to minimize interference with the Lessee's authorized uses of the Premises. 4. RIGHT OF FLIGHT: There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight will include the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from, or operation on the Airport. C. PROHIBITED USES Unless specifically authorized by this Lease or an amendment to this Lease, the following are prohibited: LEASE OF AIRPORT LANDS Page 3 of 32 _79_ City: Lessee: Any use of the Premises other than those authorized in this Lease. 2, Any use of the Premises that is in violation of a City Ordinance or an Airport regulation. 3. The outside storage on the Premises of junk, salvage aircraft or vehicle parts, non- operational support equipment, unused or damaged equipment or material, or solid waste or debris unless allowed pursuant to a conditional use permit under KMC 14.20. 4. The disposal on the Premises or the Airport of waste materials generated by the Lessee, including any Hazardous Substance, slash, overburden, and construction waste. 5. The stripping, wasting, or removing any natural material from the Premises without the prior written approval of the City. 6. Erecting structures or allowing growth of natural objects that would constitute an obstruction to air navigation, or allowing any activity on the Premises that would interfere with or be a hazard to the flight of aircraft, or interfere with air navigation or communication facilities, serving the Airport. Any use or activity that is prohibited by applicable law or regulation. ARTICLE III TERM & HOLDOVER A. TERN: The term of this Lease is for thirty- five (35) years, commencing on the 3rd day of August, 2009 to the 30th day of June, 2044. Lessee has the option to renew this lease for a twenty (20) year additional tern. Lessee shall inform the City of the decision to renew this lease in writing pursuant to Article XIII, Paragraph O, at least one -hundred -eighty (180) days prior to the expiration of the original thirty-five (35) year lease term. B. HOLDOVER: If the Lessee holds over and remains in possession of the Premises after the expiration, cancellation or termination of this Lease, the holding over will not operate as an extension of the term of this Lease but only creates a month -to -month tenancy, regardless of any rent payments accepted by the City. The Lessee's obligations for performance under this Lease will continue during the month -to -month tenancy. The City or Lessee may terminate the Lessee's holdover with ten (10) days' advance written notice. LEASE OF AIRPORT LANDS Page 4 of 32 City: Lessee: ARTICLE IV RENTS AND FEES A. RENT` The rent for the Premises is $8,468.06 per year, as established by the City pursuant KMC 21.10.100 and as subject to adjustment under Article V of this Lease, plus applicable sales tax. The rent shall be payable annually in advance of the first day of each year of the term of this Lease. All payments required by this Lease must be made in U.S. dollars. If the annual rent exceeds $2,400, the Lessee may, upon written notice to the City, choose to pay the rent in equal monthly installments, payable in advance on or before the anniversary date of the term of this Lease and thereafter at monthly intervals. No conversion of the payment schedule from annual to monthly shall result in the City receiving less rent than it would have received had the conversion not taken place. B. RENT PRORATED: Rental for any period less than one (1) year shall be prorated on the basis of the rent payable under this Lease in the last full year previous to the prorating. C. ADDITIONAL RENT: In addition to the rent specified in (A) of this Article, Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as follows: Taxes pertaining to the leasehold interest of the Lessee. 2. Sales tax now enforced or levied in the future, computed upon rent payable in monthly installments whether the Lessee pays rent under this Lease on a monthly or annual basis. 1 All taxes and assessments levied in the future by the City, as if Lessee was the legal owner of record of the Premises. 4. Reimbursement for City constructed improvements under Article XV. D. PAYMENTS: The Lessee shall make checks, bank drafts, or postal money orders payable to the City of Kenai and deliver payments to City of Kenai, Finance Department, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 or any other address the City may designate in writing to the Lessee. E. INTEREST: Beginning the day after payment is due, all unpaid rents, charges, and fees required under this Lease will accrue interest at the rate of eight percent (8.0%) per annum. Interest on disputed amounts will not be charged to the Lessee if the dispute is resolved in the Lessee's favor. F. LATE PAYMENT PENALTY: In addition to any interest payable under Provision (E) LEASE OF AIRPORT LANDS Page 5 of 32 i Ciro: Lessee: of this Article, each time the Lessee fails to pay any rent or fee by the date required in this Lease, the City will charge, and the Lessee shall pay, an administrative penalty of ten percent (10.0%) of the amount due and unpaid. G. COURTESY BILLINGS: Lessee acknowledges that any billing statement issued by the City is provided only as a courtesy. The Lessee is obligated to pay all rents and fees when due, regardless of whether or not the Lessee receives a billing statement from the City. H. LIEN AGAINST LESSEE: Any rent, charge, fee, or other consideration which is due and unpaid at the expiration, termination, or cancellation of this Lease will be a lien against the Lessee's property, real or personal. 1. PAYMENT OF CITY'S COSTS: The Lessee will pay all reasonable actual expenses, costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or protect this Lease or City's rights under this Lease, including any expense incurred with respect to environmental compliance, bankruptcy or any proceeding that involves the Lessee, the Lease, the Premises, or improvements or personal property on the Premises. The Lessee will make payment within 30 days of the date of each notice from City of any amounts payable under this provision. J. PAYMENT FOR SPECIAL SERVICES: Lessee agrees to pay the City a reasonable fee for any special services or facilities the City agrees to perform, which the City is not otherwise obligated by this Lease to provide and which the Lessee requests from the City in writing. ARTICLE V ADJUSTMENT OF RENT AND FEES A. RENT OR FEE ADJUSTMENT: Beginning in 2007 and, thereafter, at intervals of approximately five (5) years, the City shall, in its sole discretion, adjust the rent or a fee payable by the Lessee under Article IV or other provision of this lease. The amount to which the City increases or decreases any rent or fee shall be established in accordance with KINK 21,10.100 and 21.10.160. Any rent change by the City shall be based on the fair market value of: The Premises in its condition on the term beginning date stated in Article III or in the case of a lease renewal or extension, the beginning date for the original lease; plus Any improvements made by the City subsequent to that date, the cost of which is not reimbursed by the Lessee. LEASE OF AIRPORT LANDS Page 6 of 32 rem City: Lessee: No rent or fee change shall be effective until thirty (30) days after the date of the City's written notice to the Lessee. If the Lessee believes that any changed rent exceeds the fair market rent for the Premises, the Lessee may appeal the rent change to the City under KMC 21,10.160, In order for the five-year lease rate adjustment cycle to coincide with years ending in zero (0) and five (5), the next lease rate adjustment shall be performed in 2015 rather than 2014. Thereafter, the lease rate adjustments as set out under (A) of this Article shall be performed every five (5) years. B. CITY -CONSTRUCTED IMPROVEMENTS: Improvements constructed by the City on, or in connection with, the Premises shall not be considered a part of the Premises for the purpose of establishing the rent under (A) of this Article, if the Lessee, as a condition of this lease, reimburses the. City for the City's construction costs pursuant to KMC 21.10.11.0. ARTICLE VI ASSIGNMENT & SUBLETTING A. INVALID WITHOUT CITY'S CONSENT: The Lessee may not assign, sublet, or grant a security interest in, by grant or implication, the whole or any part of this Lease, the Premises, or any improvement on the Premises without the written consent of the City. Any proposed assignment, sublease, or security interest must be written and must be submitted to the City bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft documents for the City's conceptual review. However, the City's conceptual approval of a draft document may not be construed as the City's consent to any assignment, sublease, or security interest: All provisions in this Lease extend to and bind the assignees and sublessees of the Lessee. B. NO WAIVER OF CONSENT: The City's consent to one assignment, sublease, or security interest will not waive the requirement for the Lessee to obtain the City's consent to any other assignment, sublease, or security interest. C. ASSIGNEE / LESSEE OBLIGATIONS: An assignment must include a provision stating that the assignee accepts responsibility for all of the assignor's (Lessee's) obligations under this Lease, including environmental liability and responsibility. However, unless the City specifically releases the Lessee in writing, the City may hold the Lessee responsible for performing any obligation under this lease which an assignee fails to perform. D. OCCUPANCY BEFORE CITY CONSENT: An assignee or sublessee may not occupy the Premises before the City consents to the assignment or sublease in writing. E. CONFLICT OF PROVISIONS: In the event of a conflict between this Lease and an LEASE OF AIRPORT LANDS City: Page 7 of 32 Lessee: IN assignment or a sublease, the terms of this Lease control. F. LESSEE NOT RELIEVED OF OBLIGATIONS: The City's consent to any sublease does not relieve or otherwise alter the Lessee's obligations under this Lease. G. SECURITY ASSIGNMENTS AND FINANCING: Subject to the requirements of (A) of this Article VI, the Lessee may assign a security interest in this Lease. The security interest may be in the form of a mortgage, deed of trust, assignment or other appropriate instrument, provided: a, fhe security interest pertain- only to the Lessee's leaseliold interest, b. the security interest does not pertain to or create any interest in City's title to the Premises; and C. the documents providing for the security interest are acceptable to the City. 2. If the assignment of a security interest to which the City has consented shall be held by an established lending or financial institution, including a bank, an established insurance company and qualified pension or profit sharing trust, and the lending institution acquires the Lessee's interest in this Lease as a result of a. foreclosure action or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, the lending institution may transfer its interest in this Lease to a nominee or a wholly owned subsidiary corporation with the prior written consent of the City, provided, the transferee assumes all of the covenants and conditions required to be performed by the Lessee (including payment of any monies owed by Lessee to the City under the lease). In the event of such a transfer, the lending institution shall be relieved of any further liability under this Lessee. 3. A holder of a security interest in this Lease consented to by the City shall have, and be subrogated to, any and all rights of the Lessee with respect to the curing of any default of this Lease by Lessee. 4. If, before any default has occurred in the Lease, the holder of a security interest in this Lease consented to by the City gives the City a written notice of the holder's post office address, the City shall thereafter LEASE OF AIRPORT LANDS Page 8 of 32 M City: Lessee: a. by regular U.S. mail, send to the holder a copy of each notice of default at the same time as the City gives notice of default to the Lessee; and b not accept any surrender or enter into any modification of this Lease without the prior written consent of the holder, which the holder shall not unreasonably delay or withhold.. The City will enter into a new lease of the Premises with the holder of a security interest consented to by the City, if the City terminates this Lease prior to its normal expiration due to a default by the Lessee. The new lease shall be for the remainder of the term of this Lease and shall be effective as of the termination of this Lease. The City's grant of the new lease shall be subject to the following conditions: a. the new lease shall be effective on the date this Lease is terminated; b. the new lease shall be for the same rent, additional rent, and covenants as this Lease; C. By no later than the twentieth (20`) day following the termination of this Lease, the security holder must submit a written request to the City for the new lease, together with payment of all rent, additional rent and other sums then due to the City under this Lease. d. The security holder shall pay to the City, at the time of the execution and delivery of such new lease any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for such termination, and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. e. The security holder shall, on or before the execution of the new lease, perform all the other obligations of the Lessee under this Lease to the extent the Lessee failed to perform them prior to the termination of this Lease. 6. A holder of a security interest consented to by the City that takes possession of this Lease or enters into a new lease with the City shall not be released from the obligations and liabilities of this Lease or the new lease unless the holder assigns its leasehold estate to an assignee who is financially capable and otherwise qualified to undertake to perform and observe the conditions of this Lease or the LEASE OF AIRPORT LANDS Page 9 of32 11001072 City: Lessee: new lease and the City consents to the assignment. The City's consent will not be unreasonably withheld. If the security holder asserts that the City is unreasonably withholding its consent to a proposed assignment, the dispute shall be resolved by arbitration. ARTICLE VII MAINTENANCE, SNOW REMOVAL & UTILITIES A. MAINTENANCE 1. At no cost to the City, the Lessee will keep the Premises and all improvements on uic I: Iciiii3cS Cicari, neat Arid pr^c$criiaulc; as rcaSGnfltiij% deterlrlincu `uy uic C U.Y. At no cost to the City, the Lessee will provide for all maintenance and services at the Premises as may be necessary to facilitate the Lessee's compliance with this Lease and the Lessee's use of the Premises. 3. The Lessee shall comply with all regulations or ordinances of the City that are promulgated for the promotion of sanitation. At no cost to the City, the Lessee shall keep the Premises in a clean and sanitary condition, and control activities on the Premises to prevent the pollution of water. 4. The Lessee agrees to comply with all decisions and directions of the City's Airport Manager regarding maintenance and operation of the Airport, and the use of the Airport by the Lessee. S. SNOW REMOVAL I . At no cost to the City, the Lessee is responsible for snow removal on the Premises. The Lessee shall dispose of snow in an off -Premises location approved in writing by the City or provide suitable snow storage within the boundaries of the Premises in accordance with all applicable federal and state laws. At the request of the Airport Manager, the Lessee shall submit a snow removal plan for the Premises to the Manager for review. Upon approval of the Lessee's plan by the Airport Manager, the Lessee shall conduct all snow removal operations on Premises in accordance with the approved plan: 2. Lessee shall not deposit snow on an apron, taxiway, safety area, or other aircraft - maneuvering surface provided for common use by others without the prior written approval of the Airport Manager. LEASE OF AIRPORT LANDS Page 10 of 32 City: Lessee: 3. Lessee agrees to not allow an accumulation of snow on the Premises that would cause interference with adjoining leaseholders or other users of the Airport. C. UTILITIES. Unless specifically provided otherwise in this Lease, the Lessee shall, at no cost to the City, provide for all utilities at the Premises necessary to facilitate the Lessee's use of the Premises. ARTICLE VIII OPERATIONS A. OPERATIONS ON THE AIRPORT: The Lessee will ensure that the Lessee, its employees, guests, contractors, sublessees, and vendors that perform any activity or function authorized under this Lease shall do so in a manner that ensures the safety of people, the protection of public health and the environment, and the safety and integrity of the Airport and the Premises. B. LESSEE'S CONTROL AND RESPONSIBILITY I. The Lessee drill assume full control and sole responsibility as between Lessee and City for the activities of the Lessee, the Lessee's personnel and employees, and anyone else acting by, on behalf of, or under the authority of the Lessee on the Airport, including the Premises. 2. The Lessee will immediately notify the City of any condition, problem, malfunction or other occurrence that threatens the safety of people or the Airport, harm to public health or the environment, or the safety or integrity of the Premises. C. RADIO INTERFERENCE: The Lessee will discontinue the use of any machine or device that interferes with any government -operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. D. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife on an airport constitutes a significant Hazard to aircraft operations. The Lessee agrees to keep the Premises clean of fish slime fish waste, or any other materialthat might attract birds or other wildlife. The Lessee accepts full responsibility to maintain the Premises, control operations, and take all reasonable measures to prevent a concentration of birds or other wildlife on the Premises. E. PARKING: The Lessee will provide adequate vehicle, equipment, and aircraft parking space on the Premises for Lessee's business or activities, or confine parking to such other places LEASE OF AIRPORT LANDS Page I 1 of 32 City: Lessee: MOM on the Airport as may be approved or designated in writing by the Airport Manager. ARTICLE IX ENVIRONMENTAL PROVISIONS A. HAZARDOUS SUBSTANCE 1. The Lessee will conduct it business and/or operation on the Premises in compliance with all environmental laws and permits. If hazardous substances are handled on the Premises, the Lessee agrees to have properly trained personnel and adequate pTGGcdiircS for Sa1Uiy Stung, dispensuig, and otherwise handling Hazardous Substances in accordance with all applicable federal, state and local laws. 2. Lessee will promptly give the City notice of proceeding to abate or settle matters relating to the presence of a Hazardous Substance on the Premises or from Lessee's operations on the Airport. The Lessee will allow the City to participate in any such proceedings. B. ENVIRONMENTAL INDEMNIFICATION If Contamination of the Premises or other property by a Hazardous Substance occurs from the Lessee's operations on the Premises the Lessee will indemnify, defend, and hold the City harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses, including, but not limited to, sums paid in settlement of claims, attorney's fees, consultant fees, and expert fees, which arise during or after the term of this Lease as a result of such Contamination. This indemnification of the City by Lessee includes, but is not limited to, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal, or restorative work required by any federal, state, or local governmental agency because of a Hazardous Substance being present in the soil or groundwater or under the Premises or other properties affected by the Contamination. C. REMEDIATION In the event of a. Hazardous Substance spill on the Premises, the Lessee will immediately notify the City and the Alaska Department of Environmental Conversation and act, promptly, at its sole expense, to contain the spill, repair, any damage, absorb and clean up the spill area, and restore the Premises to a condition satisfactory to the City and otherwise comply with the applicable portions of any environmental law. LEASE OF AIRPORT LANDS Page 12 of 32 M City: Lessee: 2. In addition to any notices required by this Lease, the Lessee will immediately notify and copy the City in writing of any of the following: A. Any permit, enforcement, clean up; lien, removal or other governmental or regulatory action instituted, completed, or threatened pursuant to an Environmental Law. B. Any claim made or threatened by any person against the Lessee or arising from the Lessee's operations authorized by this Lease, relating to damage, contribution, compensation, loss or injury resulting, from, or claimed to result from any Hazardous Substances in, on, or under the Airport; or C. Any report made by, or on behalf of, the Lessee to any environmental agency arising out of or in connection with any Hazardous Substances in, on, or removed from the Premises, including any complaints, notices, warnings, or asserted violations. 3. Remediation and restoration of the contaminated area must meet all applicable state and federal regulations and must meet the requirements of all governing regulatory authorities. D. ENVIRONMENTAL AUDIT The Lessee will provide the City with all investigative data, test results, reports , and any other information gathered or analyzed as part of or in relation to any Environmental Assessment, characterization or audit on the Premises or the Airport that Lessee performs or causes to be performed after the starting date of this Lease. The Lessee will submit the data, result, report or information to the City within 60 days following the date on which it becomes available to the Lessee. E. RELEASE OF LESSEE The City releases the Lessee from liability to the City for Contamination and the presence of Hazardous Substances that existed prior to the commencement date of this lease unless caused or materially contributed to by the Lessee. F. SURVIVAL OF OBLIGATIONS The obligations and duties of the City and Lessee under Article IX of this lease shall survive the cancellation, termination or expiration of this lease. LEASE OF AIRPORT LANDS Page 13 of 32 City: Lessee: M ARTICLE X INDEMNIFICATION adz INSURANCE A, I1\11)EMNIFICATION The Lessee will indemnify, save harmless, and defend the City, its officers, agents, and employees from and against any and all liabilities, losses, suits, administrative actions, claims, awards, judgments, fines, demands, damages, injunctive relief or penalties of any nature or kind to the full extent of the loss or obligation for property damage, personal injury, death, violation of any regulation or grant agreement, or any other injury or harm resulting from or arising out of any acts or commiissIon of or omission by the i.essee, has agents, employees, customers, invitees or arising out of the Lessee's occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. This indemnification of the City by the Lessee shall include sums paid in settlement of claims, attorney fees, consultant fees, expert fees, or other costs and expenses, directly or indirectly arising from, connected to or on account of this Lease as it relates to the Lessee, the Lessee's activities at or relating to the Airport, or any act or omission by the Lessee, or by any of its officers, employees, agents, contractors or sublessees. These indemnity obligations are in addition to, and not limited by, the Lessee's obligation to provide insurance, and shall survive the expiration or earlier termination of this Lease. 2. The Lessee shall give the City prompt notice of any suit, claim, action or other matter affecting the City to which Paragraph i, above, may apply, together with a copy of any letter by an attorney on behalf of a complainant, any complaint filed in court, and any notice or complaint by any regulatory agency. The City shall have the right, at its option, to participate cooperatively in the defense of, and settlement negotiations regarding, any such matter, without relieving the Lessee of any of its obligations under this provision. As to any amount paid to others for personal injury or property damage with respect to which an act or omission of the City is a legal cause, notwithstanding Paragraph 1 of this section, the Lessee and the City shall reimburse each other according to the principles of comparative fault. If liability to a third party is subject to apportionment according to comparative fault under this provision, the Lessee and the City shall seek in good faith to achieve non judicial agreement as to apportionment of fault as between themselves. This apportionment of liability between the City and the Lessee shall not be construed to affect the rights of any person who is not a party to this Lease. LEASE OF AIRPORT LANDS Page 14 of 32 0 City: Lessee: B. INSURANCE: At no expense to the City, the Lessee will obtain and keep in force during the term of this Lease, insurance of the type and limits required by this provision. Where specific limits are set, they will be the minimum acceptable limits. If the Lessee's policy contains higher limits, the City will be entitled to coverage to the extent of the higher limits. At the time insurance is obtained by the Lessee, all insurance shall be by a company/corporation rated "A-" or better by A.M. Best. The following policies of insurance are required with the following minimum amounts: 1, Commercial General Liability, including Premises, all operations, property damage, products and completed operations, and personal injury and death, broad -form contractual, with a per -occurrence limit of not less than $1,000,000 combined single limit. If this lease authorizes the Lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the policy must not exclude of the Lessee's fuel handling activities. This policy must name the City as an additional insured. 2. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non -owned motor vehicles used by the Lessee. 3. Workers Compensation Insurance. The Lessee will provide and maintain, for all employees, coverage as required under AS 23.30.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. 4. The Lessee will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured. All insurance required by this provision must provide that the City be notified. at least 30 days prior to any termination, cancellation, or material change in the insurance coverage. 5. If the Lessee's insurance coverage lapses or is cancelled, Lessee will immediately, upon written notice by the City, halt all operations on the Airport, including the Premises. The Lessee will not resume operations until the City receives evidence that the Lessee has obtained current insurance coverage meeting the requirements of this Lease. The City may, at intervals of not less than five years from the beginning date of the term of this Lease and upon written notice to Lessee, revise the insurance requirements required under this Lease. City's determination to LEASE OF AIRPORT LANDS Page 15 of 32 City: Lessee: M revise the insurance requirements will be based on the risks relative to the Lessee's operations, any insurance guidelines adopted by the City, and any change in applicable law. If the Lessee subleases all or any portion of the Premises under the provisions of this Lease, the Lessee will require the sublessee to provide to the insurance coverage required of the Lessee under this Article X. ARTICLE XI LAWS & TAXES A. COMPLIANCE WITH LAW: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the Airport, the Premises or the sidewalks, alleys, streets, and ways adjacent to the Premises, or any buildings; structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: From the consequences of any violation of such laws, ordinances, and/or regulations; and 2. From all claims for damages on account of injuries, death, or property damage resulting from such violation. B. UNLAWFUL ACTIVITY: The Lessee shall not permit any unlawful use, occupation, business, or trade to be conducted on the Premises contrary to any law, ordinance, or regulation, including zoning ordinances, rules and regulations. C. LICENSES AND PERMITS: The Lessee will obtain all necessary licenses and permits, pay all taxes and special assessments lawfully imposed upon the Premises, and pay other fees and charges assessed under applicable law. Nothing in this Lease prevents the Lessee from challenging any taxes or special assessments to the appropriate authority. D. LITIGATION: The KMC, including regulations promulgated thereunder, and the laws of the State of Alaska will govern in any dispute between the Lessee and City. If a dispute continues after exhaustion of administration remedies, any lawsuit must be brought in the courts of the State of Alaska, in Kenai, Alaska. LEASE OF AIRPORT LANDS Page 16 of 32 -92- City: Lessee: E. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, during the term of this Lease may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the Premises or improvements on the Premises by reason of its use or occupancy or the terms of this Lease provided, however, that nothing in this provision shall prevent Lessee from contesting any increase in a tax or assessment under any applicable law, ordinance, or regulation. F_ PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall. continue in full force and effect as though the declaration had not been made. ARTICLE XII LEASE TERMINATION A. CANCELLATION: The City may, after 30 days' written notice to the Lessee, cancel this Lease and recover possession of the Premises if any of the following violations occur, unless the violation is cured within the 30 days: 1. The Lessee fails to pay when due the rents, additional rents, charges, or other sums specified in this Lease, including any increases made under this Lease. 2. The Lessee's check for payment of any sum due under this Lease is returned for insufficient funds. The Lessee uses or authorizes the use of the Premises for any purpose not authorized by this Lease. 4. The Lessee fails to fully perform and comply with any provision in this Lease. 5. The court enters a judgment of insolvency against the Lessee. 6: A trustee or receiver is appointed for the Lessee's assets in a proceeding brought by or against the Lessee, or the Lessee files a voluntary petition in bankruptcy. Failure by the Lessee to comply with any land development or permanent improvement construction required by this Lease. B. ENTRY AND RE-ENTRY: In the event that the Lease should be terniinated in accordance with this Article XII, or by summary proceedings or otherwise, or upon the Lessee's LEASE OF AIRPORT LANDS Page 17 of 32 -93- City: Lessee: abandonment of the Premises or a portion of the Premises, the City or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of the Premises or portion thereof, and remove all persons and property therefrom, without being liable for any damages therefore. No re-entry by the City shall be deemed an acceptance of a surrender of the Lease. C. CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee will continue to pay City rent after the expiration, termination, or cancellation of this lease and to abide by the lease obligations, including providing proof of insurance coverage, through the date Lessee relinquishes possession of and completely vacates the Premises. City will consider the Premises completely vacated if the Lessee has; Remediated any environmental contamination for which the Lessee is responsible; and I 2. Restored the Premises to a neat and clean physical condition acceptable to the City. D. REASONABLE CURE 1. In the case of a violation that cannot be reasonably cured within 30 days, a notice of cancellation issued by the City to the Lessee under this Article is stayed if, within the 30-day notice period; the Lessee begins and continues expeditious action to cure the violation. The City will determine if a violation cannot be reasonably cured within 30 days and what constitutes expeditious action. 2. In the case where, in City's sole determination, Lessee's violation is considered an imminent threat to the airport, public health or safety, or the environment, City will direct the Lessee to stop the activity immediately and may reduce the period to cure the violation, or the City may correct the violation pursuant to (E) of this Article. E. RIGHT OF CITY TO PERFORM: If, after 30 days following notice the Lessee fails or refuses to perform any action -required by this Lease, the City will have the right; but not the obligation, to perform any or all such actions required by this Lease at the sole expense of the Lessee. The City will not take action if the Lessee begins and continues expeditious action to perform any action required by this Lease that cannot be reasonably completed within 30 days. The City will, at its sole discretion, determine what constitutes expeditious action and if an action cannot be LEASE OF AIRPORT LANDS Page 18 of 32 WIN City: Lessee: reasonably performed in 30 days. The City will submit to the Lessee an invoice for the expenses incurred by the City in the performance by the City of any required action. The Lessee will pay the amount of each invoice within 30 days from issuance. 2. If Lessee fails or refuses to perform any action that has been deemed an imminent threat the City will have the right, but not the obligation, to perform any or all such actions required to expeditiously correct the imminent threat Lessee shall reimburse the City for any cost, including legal fees and administrative costs reasonably incurred by the City in acting to correct the imminent threat violation. R WANE.: A waver by the City of any default by the Lessee of any provision of this Lease will not operate as a waiver of any subsequent default. If the City waives a default, the City is not required to provide notice to the Lessee to restore or revive any term or condition under this Lease. The waiver by the City of any provision in this Lease cannot be enforced or relied upon unless the waiver is in writing and signed on behalf of the City. The City's failure to insist upon the strict performance by the Lessee of any provision in this Lease is not a waiver or relinquishment for the future, and the provision will continue in full force. G. AIRPORT CLOSURE: If the City closes the airport to aircraft operations for sixty (60) days or less, this Lease will remain in full force and effect without adjustment 2. If the City closes the Airport to aircraft operations for more than sixty (60) days, but not permanently, and this Lease is for aviation or direct aviation support uses, the Lessee may, upon written notice to the City, either terminate the Lease or retairrthe Lease and receive a fifty (50%) percent rent reduction or credit for that portion of the closure that exceeds sixty (60) days. If the City permanently closes the Airport to aircraft operations and (a) this Lease is for aviation or direct aviation support uses, the Lessee may terminate this agreement by written notice to the City; or (b) this Lease is for non -aviation uses, the Lessee may request in writing to have the Lease terminated. The City will consider the Lessee's request in. light of the City's best interest and either terminate the Lease, or deny the Lessee's request in writing. LEASE OF AIRPORT LANDS Page 19 of 32 M City: Lessee: H. DISASTERS The Lessee or City may cancel this lease upon written notice to the other party if; the Premises becomes unusable through no fault of either party and performance under this lease becomes impossible; or 2. the Airport becomes unusable through no fault of either party and the performance under this lease becomes impossible. If the Lessee elects in writing that it will continue to operate after notice from City to Lessee that the Ai Yor has bey me um'asable, the Lessee's obligations under the Lease will continue, but City shall be under no obligation to continue to perform. Causes for termination of the lease under this provision (H) include acts of God, the public enemy, and the United States. I. NATIONAL EMERGENCY: If the federal government declares a national emergency, neither party may hold the other liable for any inability to perform any part of this Lease as a result of the national emergency. J. SURRENDER ON TERMINATION: Except as provided otherwise in this Article XX1I, Lessee shall, on the last day of the tenn of this Lease (including any extension or renewal thereof) or upon any earlier termination of this Lease, surrender and deliver up the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. ARTICLE XIII GENERAL COVENANTS A. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals; automobile parking areas, and streets. B. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to recording costs, shall be paid by Lessee. LEASE OF AIRPORT LANDS Page 20 of 32 ♦on City: Lessee: C. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good order at the Lessee's own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any earlier termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. D. CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on the Premises by the Lessee must be compatible with its surroundings and consistent with the uses authorized under this Lease, as determined by the City. The Lessee must obtain the City' a written approval before placing fill material, beginning any land development, or constructing or demolishing any improvements on the Premises, and before beginning any alterations, modifications, or renovation of existing structures on the Premises. The Lessee mast submit to the City detailed drawings of the proposed development, alteration, modification, or renovation, together with specifications or any other information the City reasonably requires. Further, the Lessee will submit to City evidence of the Lessee's compliance with Federal Aviation Administration regulation 14 CFR Part 77. E. LEASE SUBORDINATE TO AIRPORT FINANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee fmancial loss. F. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use,, occupy, and enjoy the Premises, except that the following shall not construed as a denial of the right of quiet or peaceable possession: I. Any inconvenience caused by public works projects in or about the Premises: and 2. Any other entries by the City on the Premises reserved or authorized under other provisions of this Lease. G. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be partner or joint venture of Lessee in the conduct of the Lessee's activities or business on the Premises. The relationship between the City and the Lessee is, and shall at all times remain, strictly that of landlord and tenant, respectively. H. DISCRIMINATION: The Lessee will not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for LEASE OF AIRPORT LANDS Page 21 of 32 010 City: Lessee: employment, or other person or group of persons in any manner prohibited by federal or state law. The Lessee recognizes the right of the City to take any action necessary to enforce this provision, including actions required pursuant to any federal or state law. I. AFFIRMATIVE ACTION: if required by 14 CFR Part 152, subpart E. the Lessee will undertake an affirmative action program to insure that no person will be excluded from participating in any employment activities offered by the Lessee on the grounds of race, creed, color, national origin, or sex. No person may be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by subpart E. The Lessee further agrees that it will require its suborganization(s) provide assurance to the City to the same effect that they will also undertake affirmative action programs and require assurances from their suborganization(s) as required by 14 CFR, Past 152 subpart E. Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to title 49, code of Federal. Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulation may be amended. J. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the terms, conditions, and agreements of the parties and supersedes any previous understandings or agreements regarding the Premises whether oral or written. No modification or amendment of this Lease is effective unless in writing and signed on behalf of the City and the Lessee. K. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the Airport, including the Premises. The City shall not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's rights under this Lease, on account of the exercise of the City's authority reserved under this provision. Furthermore, the Lessee shall not be entitled to terminate the whole or any portion of the leasehold estate created under this Lease, by reason of the exercise of the City's authority reserved under this provision, unless the exercise thereof so interferes with Lessee's use and occupancy of the Premises as to constitute a termination, in whole or in part, of this Lease by operation of law under the laws of the State of Alaska and of the United States made applicable to the states. D. LESSEE'S OBLIGATION TO PREVENT AND REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the Premises or improvements on the Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on the Premises or improvements by or at the direction or sufferance of Lessee. Provided, however, the Lessee shall LEASE OF AIRPORT LANDS Page 22 of 32 no City: Lessee: STAFF RECOMMENDATION: Based on Findings 3-10, staff recommends approval of the vacation as petitioned, subject to: 1. Filing of the PC Resolution in the appropriate recording district after the deadline for the City of Kenai to veto the Planning Commission's approval expires. 2. The Planning Department is responsible for filing the Planning Commission resolution. 3. The applicant will provide the recording fee for the resolution to the Planning Department. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART All OF THE AL ASKA RULES OF APPELLATE PROCEDURES, [20,28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43). END OF STAFF REPORT Vice Chairman Martin opened the meeting for public comment. Seeing and hearing no one wishing to speak, Vice Chairman Martin closed the public comment period and opened discussion among the Commission. MOTION: Commissioner Murphy moved, seconded by Commissioner Lockwood to approve Resolution 2009- 15, citing the following findings of fact and subject to staff's recommendations.. Findings: 1. Per the submittal, the easement proposed for vacation has been constructed. 2. Per the submittal, the easement proposed for vacation is in use for access as a private driveway to the petitioner's home. 3. Cinderella Street and McCollum Drive provide alternate access off the Kenai Spur Highway to the neighborhood. 4. Cinderella Street and McCollum Drive are 1400 feet apart, along the Spur Highway. 5. Vacations of the easements will remove potential for another public access to the Highway between the two roads. 6. The State prefers to have limited access to their roads. 7. Sufficient rights -of -way exist to serve surrounding properties. 8. No surrounding properties will be denied access. 9. The easement does not appear to be in use for utilities. 10. Ali subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 11. To date, one utility company has provided a letter of no comment. 12, The City of Kenai staff submitted a statement Of non objection to the proposed vacation. 13. If the vacation is approved by the Borough Planning commission, the Kenai City Council will have 30 days in which to veto the approval. 14, If the vacation is approved, it will be finalized by Planning Commission resolution. VOTE: The motion passed by unanimous consent. BRYSON ABSENT CARLUCCIO YES COLLINS YES FOSTER YES GROSS YES .� (SHAM YES JOHNSON YES LOCKWOOD YES MARTIN YES MCCLURE YES MURPHY YES PETERSEN YES TAURIAINEN ABSENT T11 YES 1 2ABSEM' AGENDA ITEM F. PUBLIC HEARINGS KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 22, 2009 MEETING MINUTES PAGE 13 UN A,PPROVED MMUTES -170- AGENDA ITEM F. PUBLIC HEARINGS 4. Vacate the 66-foot right-of-way easement (33 feet on each side) adjacent to Government Lots 28 and 29; and any associated utility easements as reserved in original BLM Patent 1195867 and 1220887; within Section 33, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File: 2009-073; KPBPC Resolution No. 2009-15; Location: City of Kenai STAFF REPORT PC Meeting: 6/22109 Purpose as stated in oetition: We own the Government Lots on both sides of the easement and would like to have full development capabilities of our property without an easement going through. Both Cinderella Street and McCollum Drive provide public access to the highway on the outside of the block. Petitioners: Marc and Lois E. Bisset of Kenai, Alaska Notification: Public notice appeared in the June 4 and June 11, 2009 issues of the Peninsula Clarion. Fourteen (14) certified mailings were sent to owners of property within 300 feet of the parcels; thirteen (13) receipts have been returned Sixteen (16) regular mailings were sent to agencies and interested parties. Seven (7) notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board. Comments City of Kenai: No objection. Homer Electric Association: No comment. Staff discussion Findings: 1. Per the submittal, the easement proposed for vacation has been constructed, 2. Per the submittal, the easement proposed for vacation is in use for access as a private driveway to the petitioner's home. 3. Cinderella Street and McCollum Drive provide alternate access off the Kenai Spur Highway to the neighborhood. 4. Cinderella Street and McCollum Drive are 1400 feet apart, along the Spur Highway. S. Vacations of the easements will remove potential for another public access to the Highway between the two roads: 6. The State prefers to have limited access to their roads. 7. Sufficient rights -of -way exist to serve surrounding properties. 8. No surrounding properties will be denied access. 9. The easement does not appear to be in use for utilities. 10. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 11. To date, one utility company has provided a letter of no comment. 12, The City of Kenai staff submitted a statement of non objection to the proposed vacation. 13. If the vacation is approved by the Borough Planning commission, the Kenai City Council will have 30 days in which to veto the approval. 14. If the vacation is approved, it will be finalized by Planning Commission resolution. 60 -171- STAFF RECOMMENDATION: Based on Findings 3-10, staff recommends approval of the vacation as petitioned, subject to: 1. Filing of the PC Resolution in the appropriate recording district after the deadline for the City of Kenai to veto the Planning Commission's approval expires. 2. The Planning Department is responsible for filing the Planning Commission resolution. 3. The applicant will provide the recording fee for the resolution to the Planning Department. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART V1 OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-431. END OF STAFF REPORT 61 -172- KENAI PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION 20091S KENAI RECORDING DISTRICT Vacate the 66-foot right -of --way easement (33 feet on each side) adjacent to Government Lots 28 and 29; and any associated utift easements, as reserved in original BLM Patent 1195867 and 1220887; within Section 33, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, and within the City of Kenai and the Kenai Peninsula Borough; KPB Fla No. 2009-073 WHEREAS, Marc and Lois E. Bisset of Kemal, Alaska, have petitioned for vacation of the 6fWoot right- of-way easement (33 feet on each side) adjacent to Government Lots 28 and 29; and any associated utility easements, as reserved In original ELM Patent 1195867 and 1220887; and WHEREAS, KPS 2028 provides for the vacation of public righfs-ofway and other public areas: and WHEREAS It has been determined by the Planning Commission on June 22, 2009 that all requirements have been met; and WHEREAS, the easement was granted by document without the underlying transfer of ownership as In a platted dedication; and WHEREAS, the vacation does not require replatting of any vacated area and may be accomplished by a resolution; NOW, THEREFORE, BE IT RESOLVED SYTHE PLANNING COMMISSION OF THE KENAI PEW tNSULA BOROUGH: Section 1: That the 66-foot right-of-way easement (33 feet each side) adjacent to Government Lots 28 and r 29; and any associated utility easements as reserved in original BLM Patent 1196867 and 1220887; within Section 33, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, wAthin the City of Kenai and the Kenai Peninsula Borough hereby vacated. Section 2: Thatthis resolution is void if not recorded in the appropriate Recording District within suary days of adoption Section 3. The Planning Department is responsible for recording the resolution. Section 4. The applicant will provide the recording fee for the resolution to the Planning Department. Section 5. That this resolution becomes effective upon being property recorded. ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF , 2009. Blair Martin, Vice Chairperson Planning Commission ATTEST:. Patti Hawey Administrative Assistant Please return to: Planning Department Kenai Peninsula Borough 144 N. Binkley Street Soldotne, Alaska 99669-7520 Kenai Peninsula Borough Planning Commission Resofutign 2tl09-tb Page 1 at 62 -173- V City of Kenai Location of ROW Esnit Vacation o ss isa 3so• j'; Vicinity [lap ALIAK printed on Apri129, 2009 Page 1 of 1 From: "Marilyn Kebschull" <mkebschull@ci,kenal.ak.us> To: <intgrty@pliaiasks.net> Cc: "Rick Koch" <rkoch@ci.kenai,ak.us>; "Wayne Ogle" <Wogle@ci.kenai.ak.us>; "Fancy Carver" <ncarver@ci.kenai.ak.us> Sent: Wednesday, April 08, 2009 1:15 PM Subject: Bisset Easement Cliff, I spoke with the City Manager. The City has no objection to the proposed vacation. Marilyn K. Kebschull, AECP Planning Administration City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 907-283-9235 4/8/2009 66 -177- yeti tsa. ZF ON in »bass; t1+=9a preawtf ad surd, Ikeedng: V.RiERSkB, t eartificste of the Land £i6'ice at Annborair , Ahutt, is new dapoddad Cors2� Of in the Raiment of trod ydsmaeemeat, whereby It zgr tbst partuant to the ad of June 2, Ls38 (52 State dLt3}, au m�adad by pine "ly 24, 1445 (54 6tat.. 4b?)r and the aj "Pak+naaw tboeeto, the skim of John '7 Nor®n. hen been estrbWh.d and ibat the requitamantx of iaw nm^tatatng is the cinim have beau cost §or the £diawfa:-described lend: Sevmrd. NtTidins, Alaska. Ll W., Sue, jar lot 28, The area described mntains 2.50 rco, seeoedb of to the omdal Pint of the survey' of tint eWd tend, on tie in the Buzmu at Ltnd hinnat'esaeut, mpeadent itmaxsey aflncim -] =ilea deptemBer i', 3.434• NOW KNOK' YR, That the U,r'ITED STATiwi OF AMERICA, in svoa[dnrniioo of the prsmkat, IICSFF. I;F.Rr.ny CIRANT unto the Asia ciatnumt and to thr heirsaf thcoaid olsimorR thoome"bp.s ,I..ecrilwl :leis R.iv r. A KD TO 1fol.D the aam<, togrthrr with all tow r*htc OwfioR and e.gv,•ln,tat+r n(w 6aWx•.,v nstaRy there nuts be4oa$IAg, unto the said daimnnt wad to f" heim a.Aslms of the said eiutmaut forever; subject to p i M4, vomw and vase osd *Weir atrriaatturat, mbaufaetuhar ring, or atpurposes, wad r*u W 61IA ea k�a2 wst�t. f nod Non with aueh water rial<ta. as mtv to reco¢nirsd and aclorm1vdAed by . dnctutum ui m..,w, (8t the mvervatwn at n rtgtiG.of wry' Ffwdi T696 ( $m 9 U• g• , ity of top Unium Strome, its aocnrdunce with the art of August 44a1 . wad fs) be mAervetion of a rio'ht.,f f,.r rvuda, rmdvraea, higSewaya, trn�wolrit. tctBe, ' nest napurtenant ntiucurree enaxtruetad or W be rmrre nevow by or andatth thin t of so altnet *04 7g a ar entW' Htatr created out of she Torrom7 of Al"ki, in twbrdaaae Stet., 4i<, iS 1'. 8, f:. ens. 1121di. There is do rewzved to the tht(tad Statae a rIt" way for the maatraelius of raiimads, telegraph and teiephom lint, in accardcaos with aectian Laf the ratd:lmdt t2, 1911 (Sa Sta(., 698, 416 U. S, C. mt. SBK) and &,her i=,,pting and maervina, also, to tM ;Rvitad E'tateu a12 trig„ Sou zf+r_ rat depotlt.u, in tlm land 40 Patented, tengetLer With the rl&t to prcaLmat far, :l ne,Thlu P�er tsroubeJoetct,a rtlni6tt ales sy t ermsdiag 33 fastPto 9idbh, 2for• tvaoaey and public ut2Ltf as po.z'paaus, to be laaated 82=9 the north, acstth aim, east t=dari..e of said Land. axes, vase. ammay n„Watf 0 0,W w . '=t' a'a.+-� In .T=Imoxc Yt&name, the uudmai&�% wtimrlsad u6evar of . r' the Bureau at Land MMWSmnwnk is accosdxau with tins a a, o.+yi•'"a provmionn a the AcL of June 19, 1948 (62 Brat., 4741, hens, , ry.su,..... in the name of the Liaitad S'atm, asee ed three klwm to be midi, pnient and the Seas of the Bureau to be bmasmm affixed 1� GrvaA. undar my hand, to the District of Cammbt6, the n EIR'4.3g9EMS any of NAY in the Peer of t •s t.} our Lord aM thomnsad Was hu mirmf and g3M` IM and of the epordanoa of the Wood manic the amiuseadiva cad CM=r-^•' =- t2 OEiC potent Number — Fur the yDimoi',r_, Ustsions of,L eAd , .. ,,,.�a,..we a••seme 67 -178- ks aopcdw 8,62 qd emYa of ` u, md emu oukkwr�km ,�n;. hR bm m® tka &a - palmme.mg, )Arms 0 BY.. a. AS W., i«a. ss. ems. �• r mulwaLm 9M fa ik, Rc of im>C ,&'f'GS OP& � an pmwbms� . S 15, lo%- ��yvrx�mw 1 per,+CHOW m Tbann �toffie8t188k 9mNgbd $cany .... us�AND TO BOLA W W#00' ,- .A _ 9Eb rm amid ruw*4 md, heln i sf K (48 R IdYR' '� mElY W{ llN mR�i Wa r m dB4. W e IfBMb ' �Wlbe Rllbi l�¢SiCd �li$Ya w txsts+-tou G. a. C.at el w $}dr a sY84Y. m a 8 y140i'bR Eae 9W Y.oY" t�ffieYkkiue'>til$.1sid(alai mi UT C, r. )rth alcss kd Dm4te6 sS7. a Pr ®d °"�' 1 tla+rrsi %.tn, 4a rie lad .o- ° p inor�d mM )at cc a sm k alnaeeA, D� Sa NUn *J"o n s° a r9.dhw a no S 4=9 tip �4.h�cmdh WA .dssstsr , - ffi. s .r A � tM ut of lus 1$. $8y Sd$ asd, 676Yr hu. is t6s ws a tw UUK64 arum: beers ra m P®U'A •W Wo( d YY'6 aBMM b m ireeam tea n tm ma ==-nrm N MWM ', i.- r ae 70 -181- v 07006-00g33o-o OMM 1:32 PU PKW 119 1 QMaAIUDM A. 8,;Sat r@ sfza fo;- oaI4 yws"sc W-rU, Mesa, AZ dt T04N R OW533'Kit Gov'` LOT AV ty "69 oa rm kewai SPIJR ,may zoo. it jim, Kenn S/*'Vft 0 WY Ju I x 77 -182- KENAI PENINSULA BOROUGH PLANNING DEPARTMENT PE=, 0iq TO VACATE PUBLIC RIGAT-0r-WAY(SECT[0N LINE EASEMENT ~ PUBLIC HEARING REQUIRED .cs¢th{ra, adidirequ'veil nlmchmects;, p blicluorinc bctmc thcPlIdung Cmdamon UPu pt oCwmplete oPPliafion will be schcdule4 - - . undable {a to help defray costs of adveriishtg Public haadn8. AnY cegvired rof- wit! be in t t Fcas S300 mmnf �, d i i to vu:ation Eas. ; dcdiunud by Plm of .`- [ } Public right -,way pmpmcd to bo veeatad is Recording Subdivision, filed as Plat No. m Disaia [.) atml utility ensm¢nts. Arc eusenr,on in use by any utility company: if an which? vacation of -nssori, Eaemeat for pub road or dghtwE==way az set cut in (specify hooddm�DisN,f {Copy orracoond docuummmust nsocdci in i.Ok�—Pagan—off x ��.., G,yy✓:4 1t Fs besubad[tad with Padtion) '60:{ Sacs ��' <s �i<5 e..✓«r w.'K+..,. l52 r� ._ [) Scation Line Emscmmct [) Sub:: t th „. cop is nC nlai d map showing and proposed w bt,aeamd. Bright-oC-coy or eazemuct wns grouted by dacia,m;one aspy of mmrdcd document must be sunnim . Hun ight-cf-way bum fully or pan}dly cdmtradrf7 I'l.,-.•—_e,`-, is right.,( way used by vchicieslpanz mcor father? I Ya ( ]No REG ` V 'D [ Iva[ ]No APR $'8 MOB Has section iiw easement been rqusW emdT [ I Ya [ ] Na k section linczasaacm icing used9 K-NN pENINidLA ROh NENTN The Pcfftm-cr miss pravidc reasonable jnstifira"" for the vaantian. t P(,ANNINC Qc-P Itcoson for vacating ,tmust 6c aigtwS (wdhm sign.mm) by owners of msjodty of dm front fbu or land fronting part or right.oGway m ilion Pachm iawidin mailing address and legal description ofhis/I= proper{Y. section iiiorno asement PmPosed to ba vacated Submtund by: gignauuc Nu m I 1 hitegnty Surveys, inc. Address-- 8i'" He gYilw. P3J772939047 Paz(907) 2839077 Phone Pditianers: 7-,a signal= -_ Signature O�--F� '- Name — - //. Address Addtas �y j�l _et_ awatr,r — owner ofyiss�._,z,�--- ar ,A5 signimua _ Signatum .°..-[�'-`.S.%51 tdame _ Nume = 30e"- Address Address Ci.:W4er7 .jj�y�.r ram' Owner of Owner of Ga v a1 �—''"----- — v.e Yw«�we"+.essuvrM 72 —183— the cty"f Z/ KENSf� SKA ""V llaye wick a Past, City wA a Faturre" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ( FAX: 907-283-3014 111VI *esi TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration'` DATE: June 24, 2009 SUBJECT: Vacate the 66-foot right-of-way easement (33 feet on each side) adjacent to Government Lots 28 and 29; and any associated utility easement as reserved in original BLM Patent 1195867 and 1120887; within Section 33, Township 6 North, Rage 11 West; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File: 2009-073; KPBPC Resolution No. 2009- 15; Location: City of Kenai The Kenai Peninsula Borough Planning Commission has reviewed and approved the above -referenced vacation. Council has 30-days to veto the decision of the Planning Commission, This easement is developed as a private driveway (Castle Street) to access Government Lots 28 and 29 owned by Marc and Lois Bisset. Access to these lots is also available off the Kenai Spur Highway or Magic Avenue. The vacation will require a change of address for the residence located on Government Lot 29. Administration reviewed this vacation and has no objection to the vacation. The Planning & Zoning Commission has not reviewed the vacation because no platting action was required to process the vacation. dKENAI PENINSULA LANNING EPAARTMENT ,.a 144 North Binkley Street o Soldoma, Alaska 99669-7520 PHONE: (907) 714-2200 ® FAX: (907) 714-2378 Toll -free within the Borough: 1-800-478-4441, Ext. 2200 4 ✓; ,,, www.borough,kenai.ak.us June 23, 2009 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611-7794 RE: Patent Rights of Way Vacation and Section Line Easement Vacation Dear Kenai City Council Members: JUN 2 5 2009 In accordance with AS 29.40,140, no vacation of a city right-of-way and/or easement may be made without the consent of the city council. Based on the following findings of fact, the Planning Commission approved the referenced vacations during their regularly scheduled meeting of June 22, 2009, PATENT RIGHTS -OF -WRY VACATION A. Vacate the south 33-foot patent rights -of -way in Government Lots 173 and 174; AND vacate the east 33-foot patent rights -of -way in Government Lot 174 and 123, excluding the area that will underlie Flostplane Road dedication proposed on Kenai Cemetery Expansion plat; all within Section 31, T6N, R11W, Section 6, within TSN, R11W. Patent easements reserved in patent Numbers 1227249, 1227251 and 1154765, recorded in Book 22, Pages 37 and 127 and Book 43 Page 168; Kenai Recording District; Seward Meridian, Alaska Findings: 1. Per the submittal, the rights -of -way proposed for vacation are in not use for access. 2. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 3. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue. 4. The submittal indicates the alternate right-of-way is constructed. 5. Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 6. Surrounding properties will not be denied constructed access. T All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 8. Homer Electric Association submitted a statement of 'No comment.' 9. The proposed vacation is within the City of Kenai. 10. The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Kenai Planning and Zoning Commission on April 22, 2009. 11. The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Borough Plat Committee on May 26, 2009. 12. Road maintenance is the responsibility of the City of Kenai. 13. Development is subject to the requirements of the zoning district 14, No surrounding parcels will be denied access. 15. Future expansion of the cemetery is consistent with #5 in Goals for the Plan, City of Kenai Comprehensive Plan (2003). 16, The vacations will allow better use of the lot for its intended cemetery expansion purpose. SECTION LINE EASEMENT VACATION B. Vacate any underlying section line easements in Government Lots 123, 173 and 174, excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion plat; all within Section 31, T6N, R11W AND vacate the north 80-feet of the east 33-foot section fine easement, if any, in Section 6, within T5N, RI W, Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File: 2009-072 Findings: 1. Per the submittal, the section line easement proposed for vacation has not been constructed. 2. Per the submittal, the section line easement proposed for vacation is not being used. 3. Sufficient rights -of -way exist to serve surrounding properties. 4. The section line easements do not appear to be in use for utilities. 5. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. Homer Electric Association submitted a statement of 'No comment.' 7. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue. 8. The submittal indicates the alternate right-ef-way is constructed. 9. Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 10. Road maintenance is the responsibility of the City of Kenai. 11. Development is subject to the requirements of the zoning district. 12. No surrounding parcels will be denied access. 13. A section fine easement vacation plat has not been submitted for preliminary review and approval by the City of Kenai or the Kenai Peninsula Borough. 14. Section line easement review and approval by State DNR is a very lengthy process at this time. 15. The vacations will allow better use of the lot for its intended cemetery expansion purpose. This petition is being sent to you for your consideration and action. The City Council has 30 days from June 22, 2009 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Planning Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. n.. Attachments S�inceerrrelyy,,� Md " "J` l Planning Director stilm KENAI PENINSULA BOROUGH PLANNING DEPARTMENT c 144 North Binkley Street a Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 o FAX.' f907) 714-2378 c Tot! -free within the Borough: 1-800-478-4441, Ext. 2200 www.borouoh.kenai.ak.us JOHN J. WILLIAMS BOROUGH MAYOR June 23, 2009 NOTICEOF DECISION MEETING OF JUNE 22, 2009 RE: Patent Rights of Way Vacation and Section Line Easement Vacation The Kenai Peninsula Borough Planning Commission approved the proposed vacations with the following findings during their regularly scheduled meeting of June 22, 2009. PATENT RIGHTS -OF -WAY VACATION A. Vacate the south 33-foot patent rights -of -way in Government Lots 173 and 174; AND vacate the east 33-foot patent rights -of -way in Government Lot 174 and 123, excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion plat; all within Section 31, T6N, R11W, Section 6, within T5N, R11W. Patent easements reserved in patent Numbers 1227249, 1227251 and 1154765, recorded in Book 22, Pages 37 and 127 and Book 43 Page 168; Kenai Recording District; Seward Meridian, Alaska Findings: 1. Per the submittal, the rights -of -way proposed for vacation are in not use for access. 2. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 3. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue, 4. The submittal indicates the alternate right-of-way is constructed. 5, Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 6 Surrounding properties will not be denied constructed access. 7. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 8, Homer Electric Association submitted a statement of 'No comment.' 9. The proposed vacation is within the City of Kenai. 10. The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Kenai Planning and Zoning Commission on April 22, 2009. 11. The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Borough Plat Committee on May 26, 2009, 12. Road maintenance is the responsibility of the City of Kenai. 13. Development is subject to the requirements of the zoning district. 14, No surrounding parcels will be denied access. 15. Future expansion of the cemetery is consistent with #5 in Goals for the Plan, City of Kenai Comprehensive Plan (2003). 16. The vacations will allow better use of the lot for its intended cemetery expansion purpose. i SECTION LINE EASEMENT VACATION B. Vacate any underlying section line easements in Government Lots 123, 173 and 174, excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion plat; all within Section 31, T6N, R11W AND vacate the north 80-feet of the east 33-foot section line easement, if any, in Section 6, within T5N, R11W, Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File: 2009-072 Findings: 1. Per the submittal, the section line easement proposed for vacation has not been constructed. 2. Per the submittal, the section line easement proposed for vacation is not being used. 3. Sufficient rights -of -way exist to serve surrounding properties. 4. The section line easements do not appear to be in use for utilities. 5. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. Homer Electric Association submitted a statement of `No comment.' 7. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue. 8. The submittal indicates the alternate right-of-way is constructed. 9. Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 10. Road maintenance is the responsibility of the City of Kenai. 11. Development is subject to the requirements of the zoning district. 12. No surrounding parcels will be denied access. 13. A section line easement vacation plat has not been submitted for preliminary review and approval by the City of Kenai or the Kenai Peninsula Borough. 14, Section line easement review and approval by State DNR is a very lengthy process at this time. 1E The vacations will allow better use of the lot for its intended cemetery expansion purpose. In accordance with AS 29.40,140, no vacation of a city right-of-way and/or easement may be made without the consent of the city council. The proposed vacation has been forwarded to the Kenai City Council. The City Council has 30 days from June 22, 2009 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Commission will stand. Please contact the Kenai City Office to verify the date the subject vacation will be reviewed by the Council. This notice and unapproved minutes of the subject portion of the meeting were sent June 23, 2009 to: Integrity Surveys City of Kenai 8195 Kenai Spur Highway 210 Fidalgo Street Kenai, AK 99611 Kenai, AK 99611 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611-7794 AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate the south 33-foot patent rights -of -way and any underlying section dine easements in Govemment Lots 173 and 174; AND vacate the east 33-foot patent rights -of -way and any underlying section line easements in Government Lot 174 and 123, excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion plat; all within Section 31, T6N, R11 W AND vacate the north 80-feet of the east 33-foot section line easement, if any, in Section 6, within T5N, R11 W. Patent easements reserved in patent Numbers 4227249,1227251 and 1154765, recorded in Book 22, Pages 37 and 127 and Book 43 Page 168; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File: 2009-072 Staff Report reviewed by Max Best PC Meeting: 6122/09 Purpose as stated in petition: To allow better use of properties. The existing traveled ways are constructed within the proposed dedications of the attached plat and will not deny any of the surrounding properties access. Petitioner: Rich Koch, City Manager of City of Kenai, Alaska Notification; Public notice appeared in the June 4 and June 11, 2009 issues of the Peninsula Clarion. Thirteen (13) certified mailings were sent to owners of property within 300 feet of the parcels; ten (10) receipts have been returned. One certified notice was returned as undeliverable. Sixteen (16) regular mailings were sent to agencies and interested parties. Seven (7) notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board. Comments Homer Electric Association: No comment. Staff discussion The submittal indicates a desire to vacate any underlying section line easements. KPB records show 33-foot section line easements are within the proposed vacation area. Asection line easement vacation plat will need to be submitted for review by the Kenai Planning and Zoning Commission and the Borough Plat Committee. Finalization of Kenai Cemetery Expansion plat will not vacate any section line easements. To promote efficiency, two different inter -related actions have been combined into a single public notice. However, the processes and means to finalize vacation of section line easements differ from that for public rights -of -way. Staff has separated findings and recommendations into two separate categories to reflect the differences. Staff recommends the Commission take separate action on each of the two types of vacations. PATENT RIGHTS -OF -WAY VACATION A. Vacate the south 33-foot patent rights -of -way in Government Lots 173 and 174; AND vacate the east 33-foot patent rights -of -way in Government Lot 174 and 123, excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion plat; all within Section 31, T6N, R11 W, Section 6, within T5N, RI W. Patent easements reserved in patent Numbers 1227249, 1227261 and 1154765, recorded in Book 22, Pages 37 and 127 and Book 43 Page 168; Kenai Recording District; Seward Meridian, Alaska KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 22, 2009 MEETING MINUTES PAGE 9 -190- Findings: 1. Per the submittal, the rights -of -way proposed for vacation are in not use for access. 2. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 3. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue. 4. The submittal indicates the alternate right-of-way is constructed. 5. Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 6. Surrounding properties will not be denied constructed access. 7_ All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 8. Homer Electric Association submitted a statement of `No comment.' 9. The proposed vacation is within the City of Kenai. 10. The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Kenai Planning and Zoning Commission on April 22, 2009. 11, The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Borough Plat Committee on May 26, 2009. 12. Road maintenance is the responsibility of the r_.Ity of Kenai. 13. Development is subject to the requirements of the zoning district 14. No surrounding parcels will be denied access. 15. Future expansion of the cemetery is consistent with #5 in Goals for the Plan, City of Kenai Comprehensive Plan (2003). 16. The vacations will allow better use of the lot for its intended cemetery expansion purpose. STAFF RECOMMENDATION: Based on the above Findings, staff recommends granting approval of the patent right-of-way vacations as petitioned, subject to: Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval. SECTION LINE EASEMENT VACATION B. Vacate any underlying section line easements in Government Lots 123, 173 and 174, excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion plat: all within Section 31, T6N, R11W AND vacate the north 80-feet of the east 33-foot section line easement, if any, in Section 6, within TSN, R11 W, Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File: 2009-072 Findings: 1. Per the submittal, the section line easement proposed for vacation has not been constructed. 2. Per the submittal, the section line easement proposed for vacation is not being used. 3. Sufficient rights -of -way exist to serve surrounding properties. 4. The section line easements do not appear to be in use for utilities. 5. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. Homer Electric Association submitted a statement of 'No comment) 7. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue. 8. The submittal indicates the alternate right-of-way is constructed. 9. Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 10. Road maintenance is the responsibility of the City of Kenai. 11. Development is subject to the requirements of the zoning district. 12. No surrounding parcels will be denied access. 13. A section line easement vacation plat has not been submitted for preliminary review and approval by the City of Kenai or the Kenai Peninsula Borough, 14. Section line easement review and approval by State DNR is a very lengthy process at this time. 15. The vacations will allow better use of the lot for its intended cemetery expansion purpose. KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 22, 2009 MEETING MINUTES PAGE 10 UNAPPROVED TAINUTES -191- STAFF RECOMMENDATION: Based on the above Findings, and the lengthy state review and approval process, staff recommends granting a four-vearaoorovai of the section line easement vacation as petitioned, subject to: 1. Submittal of preliminary and final plats in accordance With Chapter 20 of the KPB Code within four years of vacation approval. 2. Compliance with any State requirements for the section line easement vacation. If the vacations are approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. `:0 AS "BEDE^ BY KENAI PENINSULA BOROL'wH ORDINANCE 99-43 " END OF STAFF REPORT Vice Chairman Martin opened the meeting for public comment Seeing and hearing no one wishing to speak, Vice Chairman Martin closed the public comment period and opened discussion among the Commission. MOTION A: Commissioner Foster moved, seconded by Commissioner Murphy to grant the Patent Rights of Way vacation as petitioned citing the following findings of fact subject to staff's recommendations and conditions. Findings-, 1. Per the submittal, the rights -of -way proposed for vacation are in not use for access. 2. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 3. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue. 4. The submittal indicates the alternate right-of-way is constructed. 6. Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 6. Surrounding properties will not be denied constructed access. 7. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. Homer Electric Association submitted a statement of'No comment.' 9. The proposed vacation is within the City of Kenai. 10. The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Kenai Planning and Zoning Commission on April 22, 2009. 11. The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Borough Plat Committee on May 26, 2009. 12. Road maintenance is the responsibility of the City of Kenai. 13. Development is subject to the requirements of the zoning district. 14. No surrounding parcels Will be denied access. 15. Future expansion of the cemetery is consistent with #5 in Goals for the Plan, City of Kenai Comprehensive Plan (2003). 16. The vacations will allow better use of the lot for its intended cemetery expansion purpose. VOTE: The motion passed by unanimous consent. BRYSON ABSENT CARLUCCIO YES COLUNS YES FOSTER YES GROSS YES (SHAM YES IJOHNSON YES LOCKWOOD YES MARTIN YES MCCLURE YES MURPHY I YES PETERSEN YES TAURIAINEN ABSENT 111 YES 1 2ABSENT I KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 22, 2009 MEETING MINUTES PAGE 11 UNAPPROVED MINUTES -192- MOTION B: Commissioner Murphy moved, seconded by Commissioner McClure to grant the Section Line Easement vacation as petitioned citing the following findings of fact subject to staffs recommendations and conditions. Findings: 1. Per the submittal, the section line easement proposed for vacation has not been constructed. 2. Per the submittal, the section line easement proposed for vacation is not being used. 3. Sufficient rights -of -way exist to serve surrounding properties. 4. The section line easements do not appear to be in use for utilities. 5. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. Homer Electric Association submitted a statement of `No comment.' 7. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue. 8. The submittal indicates the altemate right-of-way is constructed. 9. Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 10. Road maintenance is the responsibility of the City of Kenai. 11. Development is subject to the requirements of the zoning district. 12. No surrounding parcels will be denied access. 13. A section line easement vacation plat has not been submitted for preliminary review and approval by the City of Kenai or the Kenai Peninsula Borough. 14. Section line easement review and approval by State DNR is a very lengthy process at this time. 15. The vacations will allow better use of the lot for its intended cemetery expansion purpose. VOTE: The motion passed by unanimous consent. I BRYSON CARLUCCIO COLLINS GROSS (SHAM JOHNSON ABSENT YES YES (FOSTER YES YES YES YES LOCKWOOD MARTIN MCCLURE MURPHY I PETERSEN TAURIAINEN 11 YES 1 YES YES YES YES YES ABSENT 2ABSENT AGENDA ITEM F. PUBLIC HEARINGS 4. Vacate the 66-foot right-of-way easement (33 feet on each side) adjacent to Government Lots 28 and 29; and any associated utility ease mants as reserved in original ELM Patent 1195867 and 1220887; within Section 33, Township 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File: 2009-073: KPBPC Resolution No. 2009-15; Location: City of Kenai Staff Report reviewed by Max Best PC Meeting: 6/22/09 Purpose as stated in petition: We own the Government Lots on both sides of the easement and would like to have full development capabilities of our property without an easement going through. Both Cinderella Street and McCollum Drive provide public access to the highway on the outside of the block. Petitioners: Marc and Lois E. Bisset of Kenai, Alaska Notification: Public notice appeared in the June 4 and June 11, 2009 issues of the Peninsula Clarion. Fourteen (14) certified mailings were sent to owners of property within 300 feet of the parcels; thirteen (13) receipts have been returned. Sixteen (16) regular mailings were sent to agencies and interested parties. Seven (7) notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board. KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 22, 2009 MEETING MINUTES PAGE 12 UNAPPROVED MINUTES -193- AGENDA ITEM F. PUBLIC HEARINGS 3. Vacate the south 33-foot patent rights -of -way and any underlying section line easements in Government Lots 173 and 174; AND vacate the east 33-foot patent rights -of -way and any underlying section line easements in Government Lot 174 and 123, excluding the area that will underlie r-loatplane Road dedication proposed on Kenai Cemetery Expansion plat; all within Section 31, TGN, R11 W AND vacate the north 80-feet of the east 33-foot section line easement, if any, in Section 6, within TSN, R11 W. Patent easements reserved in patent Numbers 1227249, 1227251 and 1154765, recorded in Book 22, Pages 37 and 127 and Book 43 Page 168; Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File: 2009-072 STAFF REPORT PC Meeting: 6/22109 Purpose as stated in petition: To allow better use of properties. The existing traveled ways are constructed within the proposed dedications of the attached plat and will not deny any of the surrounding properties access. Petitioner. Rich Koch, City Manager of City of Kenai, Alaska Notification: Public notice appeared in the June 4 and June 11, 2009 issues of the Peninsula Clarion. Thirteen (13) certified mailings were sent to owners of property within 300 feet of the parcels; ten (10) receipts have been returned. One certified notice was returned as undeliverable. Sixteen (16) regular mailings were sent to agencies and interested parties. Seven (7) notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board. Comments Homer Electric Association: No comment. Staff discussion The submittal indicates a desire to vacate any underlying section line easements. KPB records show 33-foot section line easements are within the proposed vacation area. A section line easementvacatton plat will need to be submitted for review by the Kenai Planning and Zoning Commission and the Borough Plat Committee. Finalization of Kenai Cemetery Expansion plat will not vacate any section line easements. To promote efficiency, two different inter -related actions have been combined into a single public notice. However, the processes and means to finalize vacation of section line easements differ from that for public rights -of -way. Staff has separated findings and recommendations into two separate categories to refiectthe differences. Staff recommends the Commission take separate action on each of the two types of vacations. PATENT RIGHTS -OF -WAY VACATION A. Vacate the south 33-foot patent rights -of -way in Government Lots 173 and 174; AND vacate the east 33-foot patent rights -of -way in Government Lot 174 and 123, excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion plat; all within Section 31, T6N, R11 W, Section 6, within TSN, R1IVY, Patent easements reserved in patent Numbers 1227249, 1227251 and 1154765, recorded in Book 22, Pages 37 and 127 and Book 43 Page 168; Kenai Recording District; Seward Meridian, Alaska Findings: 48 -194- 1. Per the submittal, the rights -of -way proposed for vacation are in not use for access. 2. Per the submittal, the rights -of -way proposed for vacation have not been constructed 3. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue. 4. The submittal indicates the alternate right-of-way is constructed. 5. Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 6. Surrounding properties will not be denied constructed access. 7. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 8. Homer Electric Association submitted a statement of 'No comment.' 9. The proposed vacation is within the City of Kenai. 10. The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Kenai Planning and Zoning Commission on April 22, 2009. 11. The preliminary plat that will finalize the proposed vacations, if they are approved, was approved by the Borough Plat Committee on May 26, 2009. 12, Road maintenance is the responsibility of the City of Kenai. 13. Development is subject to the requirements of the zoning district. 14. No surrounding parcels will be denied access. 15. Future expansion of the cemetery is consistent with #5 in Goals for the Plan, City of Kenai Comprehensive Plan (2003). 16. The vacations will allow better use of the lot for its intended cemetery expansion purpose. STAFF RECOMMENDATION: Based on the above Findings, staff recommends granting approval of the patent right-of-way vacations as petitioned, subject to: 1. Submittal of a final plat in accordance with Chapter 2D of the KPB Code within one near of vacation approval. SECTION LINE EASEMENT VACATION B. Vacate any underlying section line easements in Government Lots 123, 173 and 174, excluding the area that will underlie Floatplane Road dedication proposed on Kenai Cemetery Expansion plat; all Within Section 31, T6N, R11W AND vacate the north 80-feet of the east 33-foot section line easement, if any, in Section 6, within TSN, R11 W, Kenai Recording District; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB Fife: 2009-072 Findings: 1. Per the submittal, the section line easement proposed for vacation has not been constructed. 2. Per the submittal, the section line easement proposed for vacation is not being used. 3. Sufficient rights -of -way exist to serve surrounding properties. 4. The section line easements do not appear to be in use for utilities. 5. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 6. Homer Electric Association submitted a statement of'No comment' 7. Alternate right-of-way is being dedicated for Float Plane Road and First Avenue. 8. The submittal indicates the alternate right-of-way is constructed. 9. Satellite imagery shows the alternate right-of-way will be dedicated over an existing travel way. 10, Road maintenance is the responsibility of the City of Kenai. 11, Development is subject to the requirements of the zoning district 12. No surrounding parcels will be denied access. 13, A section line easement vacation plat has not been submitted for preliminary review and approval by the City of Kenai or the Kenai Peninsula Borough. 14. Section line easement review and approval by State DNR is a very lengthy process at this time. 16. The vacations will allow better use of the lot for its intended cemetery expansion purpose. STAFF RECOMMENDATION: Based on the above Findings, and the lengthy state review and approval process, staff recommends granting a four-year anoroval of the section line easement vacation as petitioned, 49 -1 9J- subject to: 1. Submittal of preliminary and final plats in accordance with Chapter 20 of the KPB Code within four years of vacation approval. 2. Compliance with any State requirements for the section line easement vacation. If the vacations are approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL. ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART Vt OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 38.431. END OF STAFF REPORT 50 -196- '— _ as eon cdenmr ' Seooad Avs. I I ( I I ( @J 1 3I FY) 60Q9 I ism A*gA 9 6[a4 S I w iI i CERIIFICAiE �WIJ 'R IP 4n_d_D�01�9_T}ON , u�,mnr anm�a,x.r,vn..v 92 srxm.a. ws� n°�S.s eL°"w �`e"ims m,mn mcrz .. mm.a. nff � s mom".+. �""�4'r o cwz az un mwr vi uavrxm n rna pma �c.� t�,QTARY'S AGKN�Oyy�E{t�fMENT pj gF APPRpyAL ma.am xs me w ,-�2oo9-0'7,1,, �19kE�i£ERIIf1CAlE w+d .»n�ns.cmaaw c.C,r RECORDED R�4F y gg .seem -on 4Rm39� n l� n, nmrntw m 2,N .1f.Wl .n Ett N 910 AL $ 89' S4 D3" T 96G ±3' 1 f .IS.ur r a T +. +'-` I fit�)';f+iLOT }T I?Ij tiDV'T Litlasz9sxA 9 9 2 4 T v.AwAtx >PIS N AS' 58' 45" W 33D. 13• R W Sd Ee- E 33a72' �N m b RA 1 p 1 rflAle - ! i . 31 10• r1 +new I .`\ �� vl'r9ri nlN 3a CAR PUT - i ` 19n1 NrtA n O 14,8T8 xE I i I; 1 m xbal �•- - _ 90MCATE of OWNERSHIP and DEDICATION 1 • - 1? WE HERESY CERTIfY THAT WE APF THE OWHEnt51 OP TIK: I T PPDPERfY SUTw. 80=.`AEQ HEREON 9 THAT WE HFREHY �� 15, ro3 at .z rt ( ADOPT TMS PLAN OF SUBDIVISION R DEDICATE ALL RIGHT-CF- e WAYS B PUBLIC AREAS TO PUBLIC USE a ORANT ALL EASEMENTS `y r_ TO THE USE SHOWN.0� Male• �Lnja IASULEEx � Nn�LL SDA en. 1 aq+ `A REp/y, 11t A9R4 99811 _J �.ex -i 3 e ._ NOTARTS ACKNOWLEDGEMENT / V E �� 'wax- ' ~ _ Ru99CRUNHI AND SWORN REFORE ME TNISZrnY OP_a — - i- K I • 5 I : C 19R3 FOR J A/A4t+- • K¢j�<,_< < ++ m 1 �26V11M1ry^^^.'< N 9a,109J i ;, IS _ IS Mt3A NOTARY FOR ALAS S K a � MY COMMISSION ISSIBN ERPIR[9 —LAY�i�-. ^ 1 fIOT6RT%1Plt _ . - m10 T2PV at .lo f ��,,. ,,,p, ,,,,,,,, • - - PLAT APPROVAL, - L ---- --'--- ---- —"— T1a5 PLAT WAR nPPROVEO. RY THE Y.ENAI PENINSULA BORW UNI �. PLANNING GOMM1931DN AT THE NEETINC _ FIRST AVENLJE ^ <II� - KENAI PENINSULA MMM14 s5a bb N es• ST' A3' E P AOTHORIZED OFFiCiAI 17Y\\l i Dy,{; SauIV; ... e�mzEc.>�p fl_ y/A., f�{ _ /j 4il Grp P5314 Alsi REd4STRAA011 NO. 19-5152 NOTES- .SPRUCE CREEK SUBDIVISION LEGEND - q I,, 1mSTIUSUER DRMaAL ASTFMS SNACL ManvME%i newb I+i++�.r] CMULY WIT, "SUN, UM5 AT TIME OF A SUBOMSION OE I OTB UI R I72 ® @`ISTRVCR01< LOCATED, WMIBN THE SW 114 SF. 114 RE 1/4 DEC 31 Tam RIIW SM. ALASKA ® N,NUNENT Mo Ul.."Mi ttAA. WITHiN TYE Ptt OF ttENni 90 i1m ffi CUM M EM PLAT WED Ix-t-1933 o ^pee>R tFu.,b mR n"eTl �-�'\` ,T. �; L ` X,(, jl,✓T. r 'w",me orza IVRI3 00"T" o s Lars D era^r so"4Eean rsn lnl. ....al --4 »..-_la?I _Rs DOWL/NG—R10EandA ASKA U9 r _ _"-• 2 )0 P+ PO dT" I9T1 SOL0t6A'A; ACASKA �9 I 1 REC{YN CATVM ftAt FL0.T DNtO U... r 9 ,u r „ Eyglr� #_ 9 R�� pup j{1 I '� T�1— $iFEET 0.11VRESS L�-��--' +... - M+Rir l4A tM).r 1'b wxan, eEp zmA eR: m Nb+ nbr N Kenai Peninsula Borough Planning Department A Depiction of the proposed vacation is approximate. v E %0 °�" 0 50 100 200 Feet 3i KENAi SPUR 1 fot 9 Plhtl ^'S° er0. fl n y It n mtad ,w •. .. ym7me.+mrte.mm. g First Ave. 6 Birch St. Second Ave. GIty or Kenai Location of Easement and ROW Vacation Kenai Spur Hwy. 32 5 w 0 55 t)tYahRA.N =Pj "IJ41.4—r1X'rL"" u r uu . }iTEtLaLa LS ry ?SiYLfLELg W ,ai tc C= 4ttt ptt¢entC syiR Sane, SYectiaQ: P Scrid k Ataalw.. 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(21Q. a{:TtCEltnlair Pra.TnSiCtIIYR•[, or Wur P9r4blae• soratrucud tiu aith aanh n'A1tP t'i.^htx. w map to rsneimi>ad and aaknoseltd6ad bytbt 11 for ditchmor0 dedrdm+A of eoltt'u: (2) dhe reaenation of a zlgttt•pf•way 3 V. &' 0z Om Uniud StataA in accordanw mith tho act of AURtxat 3A. 1890 !?r+ Stat. ]4t. t j a tho n9A hitittraY'L, :ramn•As'Lr tt'ails.: %� ::- i:' it, aJ t3) the rGSOR91iaP a(a rt¢hOak, y 2W told.. r¢1d<: and a4,al (5) Y auveknx'eA rnnatructpd or m iYa coestruntwi by a, under su'a"Ity of the Emit. t 9t10 i X6sl a, (n accoYdan[a Pith the ad of r1u)i t ,: or bY+W-5�° ,eO,a = of the Territory of o Scat, dis, 4z U. S. C. aw 321d). Thain i[ Also rest:vtt)o rLato a•tth.,Sutten l of thf aM,eltateh sE aosatmek+on of ralrnad; Wk: 14t and Imtephwf lint4 42 U.S, Gaec. &64nw-aL-.;. ,no ,td w -o c:,-.to ., IQ, 34Id (86 Stat, 3A5, aad osar >,Lnfr13 d9: Ln t'.sa 1w'+d SLWta, A'Ll tl_3, f9'L[ Irowv4 "o, al'tn ¢tCO ruL7[ :`'I t!'a LS9TLSi.a i� 1 Ojl-, aed sith t1u right to Proaawot for. i to ¢ Y: ^:tC�Y ^�ISY 90= aPLC+dt':� t3na 1. 1-05. Th.. nito:h Sa a.t„�at -msoa. to 'Ea 7aca.ad nlcvl tY.n nT Nid :ct PS 33 toot t4 -1dtf, rR rna.cvsy and"auh lia utLllti.. qt.• of aald I 4 PAx•Yb and a0.1e 11OPOdn-ita MED ✓t1PdLaY{ 2N•T, tht 111'det'£ia iKi xV:h6Ytrad pitiCe of • )N TFSl'tYCa'Y Rof Xtnngt:r 'r.4 l:t lccord:vct u'i:h tLt (� L'oP, A the L.=, a of Lind nv E.R. yr,vkiont of thn M[ or :urrt ;"., tyiS (aY isn:., d;t). ': kOv`!C IdiL•ro- to W !i y(•YJIt'�4 , hl th... of th4 'Wu'r $SltC9. 2lninf. ..'d >oAao :•Utr::t. Ind the J : hm at4oil i.xt29 mY kart m the DmRict a[ Cole -Li- too r w undo tk tear of ( �tVY L-0[d 4'SC t)SunanNd nnW)4rttr[d n:ld St1tn thu ore huhdred -� j 1) � and 4t tha bfGcN ndcucp of L`ta L-ntGd and r tj} 1 For tha ni=tur, II Beau r.f L'tad ,liar^Fantmtt a '}' S'CLCnt $WTI:ef^_i%,.._...._.._..rS .•u,,.�.w......m ,....^'•s �L -201- f .._.., a ._ . a of tan fend At 6achcra98 Asaatn. iarmw W tm $tows of Lack y it a thA i to the at% of GongrmW of June 1, 1p39 C52 $tit. 6o93, as aaendad by the set Of Snly 141 19" C tkt 1964" the of rlariaa. Tachnelitach has Was astswashma end. that the raqwmananka of kw m the t have both =44, far the fallewiag described lards � Lowsri Yteidiena Alaska. ♦ too. sle Let 173. arse dasaf wd Matra 1.25 aaaa, "vdini to Uto af6tisl Pit Of the aarrey of the , oa 64n is tie $aesO ds.arxd Dependent 14aurvay off€cially,i filael tlsrc6 23, 1954. NOW CNOW YE. That the U=ED STATES OF AMERIC& dm tunsidastion.of the P�imd' DOES ' $Y GRANT cam the said ciaimeat amimtholai heirsofthe"Cmant thctxattshove s ma xo HAVE AXD TO HOLD the ma. t*Wd r with sII the rdrhta. Pr""fsa, immnnitiee and avateewmat, of whatwO netts*. thaM=to belangfng. untotha sadd nisimuat and to the heirs cad aasigss of the raid rfalmsnt forwesr; mhfeet m Qli say vested sad srsrv,ed vnier rtxhta Lor moo. he WFfesRa'L fu-tnring ar uther purpoaw. And its to ait has and rmerva =ad to eoana- tim wits sch watts right., sa now be xwoaniend and .,i wW od by the local customer lard, sad ded sf **toss: and (2) the nu rvstdoaa of a rightwf-way for dttcben or canals constUcted by the mfy d' {ms 17aimd fiteam, it amaeaata with the art of Angaat 90, IB90 (26 9tat, 691. 42 U. a. C. of rx ee� US). Than is also r se=vmt to the Yhdtad Slats a right.ot--rag fair the aVAlbuctian madr t tot Wep oas tiatle to Accordance; with ae4itolaf fhoaatoi 3Eardt LZ, 198d QB@utet.. x45, 46 f1.Laueo.WO: ga4apting and reserviaz, sls*,.ta the Dnited xtatas ALI ors„ Pea ,at Other aiaeral deposits, la the land ao patented, together with tin right to prospect fare mime, and rewove the same according to the provisions of eaid Act Of June se 1536e This pateat is suhSect co a right -of -say act exceeding 13 fast in width, for roadaey and publie utilities purposes, to be located sloes the sootk beundary of said Ianda F06LJa tax. . t Ix TCUMO eY WMZMW. the onAusim*d aafharibed offices• of the Eursn of lend %xnaremtnt in acterdanca with the tw.. prmvWotu, of the Art of duns 17, L949 (62'Stat, 476), has. 1 .si d in tba name of the United States. cxuaed t!tae lettan to 1* armor w Patent, and. the SAW at tbs Rarest to be berronto narAs -Gtvaa anaa: =7 hand, in t3A U'lrtrdrl' of Cohmahixr the xfTCiFTB day of 7llgg...... in tht year of o.= Ong lord mm, thousand n{ma hnadrad and • SZ ZTY-run sod of ties !ndapan3�a of rho Craned States thecae hundred U7C38Za'd escarY-x1zTg. Fur *.m' aMramt•. 8ayse oof/T And 13y t:..aPY". a � . ,lti ^�..t.•22 N �:*k9t -4 Patat Numobw 1 G 17 56 -202- Jo�mrn�� tq a srnrol A p m eartl6talo at tin Lead OGaw d kncharate . Amaba. it now kpoobal la; tbm BBook of l Stat. i®£}it tIW4 to of oe $re &, an C52 � to oeende4 by tlae ken of Jmly^ 14, 1%5 'C,"'ttat. 467 , ads mawkwmtg thwakC. tba awn cc bale satene Iamdmrnat faLl*viwt; daecvLka& Lsndt smar4 Meridiem, Alnaka. 4..E.x i Seca St. bat t74' 'PSt a�.+i�iiod,maat�m 3.n sa:a6 aasrd'cag to too -T— Wist of t5a annoy of aYltm dslg Rhe Eae�afl�,mi Lapomdent Eeanrvey of fictally Eilad4. Weed 23e 1454.. Prm &74 W = That tho flldl'lldlf E,R`Ais'S Gr A30MCA, m comadarabom at tb* LOIN =M=r GRANT mono, the said daimeyt amd tt the hmraof thaaewirlaimeat; tbatattiatwew &MCW; TO SAFE'%lm To Buzz the aaow, tarawn, with ma the rwbt k priva ors, of ua`mw thereinto babmgiag, onto the said d-imsat sad la Mo i*.em e®i. ei t� nald defmant faa*ae; aobietE he f35 srg eettai sand maox rights � �. a& ammastummaL or osier gmrpoem:and rights to &a nhm amd awtewcdse meat k on vast me& under right4 we tray be raagsiud and acknowledged by the keel nommong, isms. mA lAmemkow of aoarb; and (2) the rameroaHoa of a rfgbt-o:-vay for ditchm ar amok commutcLad by the tm&wW at the IIad� Statm la. aeewdmm with the not of .Angnst Sk MW (M Stat, M 0 M I C. mkvo;l. i&fa im also tmamd to tia United States a righGaf--vsy for the ommirmc5sm of raul"J& kAqpRk mot t>anl� is mmnwq with aaCion l of theactof'Ysrda i2.1914 =$tit. . a B.S.C.m sin). Eaemptiwg and rewerviar, ''&Lao, to the Baited States 411 oil. swe aaed ernes sinernl depoaita, in the Lend aC potemrad, together nits cte right to prow Ott for, mine, and remova the some aeco el,g co the proviaioaae olFmoid Act of Jon* Le 1938. . Tkis patent to owb,lect to a rtsbt-of-m*y not exceeding 13 @pet to vidtt. Ear roeAser and public utitit Las parpose*y to bt located aLoag tina aseth and asst honndaries of naLd tend. FM pm Woma. of the Act of Jum-17, 1MS (@ v M), b,4 is Ua mm�af the IItited Sistti, tanned .ti±m 7elsst to tx v made Hatmt- and the Seal of the 8aram to be h,eae$m ••a+ aB'uaE . _ cams ,mda' my hood, is the DuAra of cakmmhEo, tin i.. '"-irrewn Osyof. JBEE it tit year'of s p ae'F.otd om t$oasad aiaa kundned and 11ST$-rmo of '1 swt atba Sadep of the Uthad States the mot h eg 7 4 rIrRTY-gl&ZE. par tbs Dbuchor, Borman of land amwomen, 57 -203- KENAI PENINSULA BOROUGH PLANNING DEPARTMENT PETITION TO VACATE PUBLIC RIGHT-OF-WAY/SECTION LINE EASEMENT 4 PUBLIC HEARING REOUIRED Upon =ipt of complete application with fees and all requhcd attachments; a public hearing before the Plamuog Commission- . will he scheduted. Fees - 000 non-rcfundabie fee to help defray costs of advertising public hearing, Any required olat fees will bed addition to vacation fees, [ ] Public right -of --way proposed to be vacated is dedicated by plat of Subdivision, filed as Plat No. in Recording District Vacation of associated utility casements. Am easements in use by my utility company; if so which? Easement for public road a right-of-way asset out in (specify type of documcm) Gtc2lg i'+� a -,i5' as meorded in Book Le '7 page 7 L °i of the %'.' .< According District (Copy of recorded document most be submitted with petition) n t' [�Q Section Line Easement [ j Submit three copies of plat or map showing area proposed to be vacated. If right -or -way or easement wms granted by do:umant; one copy of recorded document most be submitted. Has right-of-way been fully or partially constructed? Is right-of-way used by vehic(esfpedestrianslother? Has section lint easement been constructed? MYes N`lo RECEIVED I ] Yes 1.4 No APR 2 7 Z003 [ I Yes 11 No eNAI pENlNSULA BOROUGH Is section Iine easement being used? [ ] Yes N No K`PLAMING.DEPARTME14T The petitioner must provide reasonable iustificatio for the vacatim,, // The petition must be signed (written signature) by owners of majority of the front feet of land fronting part of right -or -way or section line casement proposed to be vacated. Ench`nJmus d`n 'udc mailing address and legal description of hisli er properly. Submitted by. Signature , ,,.Y Name Integrity Surveys, Inc. Address 8195 Kenai Spur Hwy. Kenai, AK 99611 Phone (907) 285.9047 Fax (907) 283-9071 /(�//� Petitioners: Signature +" ` Signature Name st(_ G r Nome Address cow Address �L4ai, orkbU Owner of n I e-lk 4n V sl red. Owner of Signature Signature Name Name Address _ Address Owner of Owner of v.m+lw..wa�o x�.�. arsxmrsc 58 —204— To: Planning & Zoning Commission Date: February 18, 2009 GENERAL INFORMATION Applicant: Integrity Surveys, Inc. 283-9047 8' 95 Kenai Spur Highway ay Kenai, AK 99611 Res: PZ09-13(Revised) Requested Action: Preliminary Subdivision Plat — Kenai Cemetery Expansion Legal Description: Replat of Government Lots 123, 173 & 174 Street Address: 109 Fioatplane Road, 1106 & 1102 First Avenue KPB Parcel No.: 04317009, 04317016 & 04317017 Existing Zoning: RS — Suburban Residential Current Land Use: Vacant Land Use Plan: Neighborhood Residential ANALYSIS This is a revision of the preliminary plat the Commission reviewed and approved on March 11, 2009. After the Commission's review and comments, the City met with the surveyor. A decision was made to proceed with revising the plat to identify and dedicate Float Plane Road and. First Avenue where they are constructed and to vacate the right-of- way easements. These changes are shown on the attached preliminary plat. Attached is a copy of the staff comments, signed resolution, and minutes from the March 11, 2009 meeting. RECOMMENDATIONS The revised plat for the Kenai Cemetery Expansion eliminates the issues with the right- of-way vacations and dedicates Float Plane Road and First Avenue where they are constructed. The surveyor has been notified of the Commission's recommendation to show the location of the gas line and any related easements. The final plat will show all easements. Recommend approval with no contingencies. ATTACHMENTS: l . Resolution No. PZ09-13 (Revised) 2. Preliminary Plat -205- CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ09-I3 (Devised) SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat KENAI CEMETERY EXPANSION was referred to the City of Kenai Planning and Zoning Commission on MARCH 18, 2009, and received from INTEGRITY SURVEYS. WHEREAS, the City of Kenai Planning and Zoning Commission finds: I. Plat area is zoned RS — Suburban Residential and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. b. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES KENAI CEMETERY EXPANSION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. t ► ;, � � t � � s i a ALASKA, APRIL 22.2009. 7 Y r CHAIRPERSON": i>pp• "! ° ATTEST:,- Im 'All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- February 25, 2009 Approved by consent agenda. ITEM 5: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS INX 4-a. PZ09-13 Kenai Cemetery Expansion (A replat of Government Lots 123, 173 &, 174.) Plat submitted by Integrity Surveys, 5195 Kenai Spur Highway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting a cemetery would require a conditional use permit. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION, Commissioner Bryson MOVED to approve PZ09-13 including staff comments. Commissioner Brockman SECONDED the motion. Commissioner comments included: The high pressure gas line in the The slope of the lot was an issue. It was suggested Administration and Second Avenue and Float Plane Road. area was a concern. vacate the easement lines along First Commissioner Bryson MOVED to add the surveyor show the high pressure gas line and easements on the plat. Commissioner Romain SECONDED the motion. VOTE ON AMENDMENT, Twait YES B son YES Rogers YES Brockman I YES Koester YES Romain YES Wells i E3 CUSED PLANNING AND ZONING COMMISSION MEETING MARCH 11, 2009 PAGE 2 -207- wait YES ! Br son YES Rogers YES ookrr Bi YES Koester 'YES Romain YES Wells EXCUSED I MOTION PASSED ITEM 5: PUBLIC HEARINGS -- None ITEM 6: OLD BUSINESS 6-a. PZ09-03 — Discussion -- 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. (Postponed from January 28 and February 25, 2009.) Kebschull reported she did not have a revised draft resolution and would set a work session to discuss the revision at a future date. ITEM 7: NEW BUSINESS 7-a. Discussion/Recommendation -- Alaska Historical Commission Geographic Name Proposal Kebschull reviewed the memorandum included in the packet, noting the creek had a Dena'ina name and recommended the Commission support the Kenaitze request to maintain the tribal name. Commissioner Romain MOVED to recommend supporting the Kenaitze request and support the Tribe's request to keep the creek's name as "Shk'ituk'tnu." Commissioner Bryson SECONDED the motion. Twait YES"I Bryson YES Rogers YES Brookman 1 YES I Koester YES Romain YES Wells I EXCUSED ( �� PLANNING AND ZONING COMMISSION MEETING MARCH 11, 2009 PAGE 3 "'Village went a Past C# witk a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 � d Telephone: 907-283-7535 / FAX: 907-283-3014 7992 thecltvW uvv-xu -13 TOE City Council ROM: Rick Koch DATE: July 1, 2009 SUBJECT: Rental Agreement - Chevron North America Exploration and Production Company Chevron currently rents office space at the Beacon Fire Training Center. The current Rental Agreement was entered into June 1, 2007 and expired February 28, 2009. According to the terms of the Rental Agreement, he City is responsible for normal electrical service and rent is based on a square foot rate of $ 1.50 per square foot or $ 11,250 annually. Due to utility rate increases, an increase in the rate was agreed upon by Administration and Chevron at a rate of $1.75 per square foot or $ 13,125 annually. This rate would be fixed until February 2011, The term of this rental agreement would begin March 1, 2009 and continue until February 28, 2010 with an option for two extensions of one or two year terms with the terms and conditions, including rent, to be also mutually agreed upon. RENTAL AGREEMENT FOR OFFICE SPACE This rental agreement, made on the date of its latest execution, is between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, AK 99611 (hereinafter "City"), and CHEVRON NORTH AMERICA EXPLORATION AND PRODUCTION COMPANY, a division of Chevron U.S.A. Inc., a Pennsylvania corporation -(hereinafter "Chevron"). In consideration of the mutual covenants and promises contained herein, the City rents to Chevron certain space in an office building in or near Kenai, Alaska, described as the Alaska Regional Aircraft Fire Training Center living quarters consisting of approximately 625 square feet, upon the following terms and conditions. I. Terra: The term of this rental begins on March 1, 2009 and continues until February 28, 2010. The parties may by mutual written consent agree upon two extensions of one (1) or (2) two years each with the terns and conditions, including rent, to be also mutually agreed upon. 2. Rent: Rent is $1,091.75 per month (based on a rate of $1.75 per square foot) and is due on the first day of each month and must be received by the City on or before that date, unless otherwise agreed in writing by the parties. A $25.00 late fee will be charged if rent is paid on or after the fifth of the month. 3. Additional rent: The City and Chevron specifically agree that rent includes uniform periodic rent, the $25.00 late charge and any unpaid portion of the deposit. 4. Property taxes: Chevron shall pay prior to delinquency all personal property taxes payable with respect to all property of Chevron's located in the premises and shall provide promptly upon request of the City written proof of such payment. RENTAL AGREEMENT FOR OFFICE SPACE Page I of I] -210- 5. Utilities: Chevron shall be responsible for solid waste (garbage) removal and .janitorial services for the premises. The City shall be responsible for normal electrical service for a commercial administrative office setting, snow removal, grounds maintenance and water and sewer services. 6. Maintenance: a. Chevron acknowledges that the office space rented hereunder is in working order and repair, unless otherwise indicated herein. Chevron shall at all times arrange for maintaining and repairing the premises and all equipment, machinery, appliances, furniture and furnishings therein in clean and safe working condition and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. b. The City is responsible for major maintenance and repair. C. Chevron is responsible for repair/replacement of any damage to the premises above normal wear and tear. 7. Chevron shall have no right to alter, improve or demolish any portion of the premises without the express prior written consent of the City which may not be unreasonably withheld. 8. Purpose: The premises shall be used and occupied by Chevron as business office space and for no other purpose. 9. Fixtures: Except as is provided below, all additions, fixtures and improvements made or placed by Chevron to or on premises shall immediately become and be the property of landlord and shall remain on and be surrendered with premises as part thereof at expiration of the term, by lapse of time or otherwise; and Chevron will not make any RENTAL AGREEMENT FOR OFFICE SPACE Page 2 of 11 -211- alterations in or additions to premises without written consent of the City being obtained. M Trade fixtures: Chevron may install or cause to be installed such equipment and trade and other fixtures as are reasonably necessary for the operation of its business. Such equipment, trade fixtures and other fixtures shall remain personal property, and title thereto shall continue in the owner thereof, regardless of the manner in which same may be attached or affixed to the premises. At termination of the rental agreement, Chevron shall, unless otherwise agreed by the City, remove all equipment and trade fixtures installed by Chevron, provided that the premises are returned to their original condition, less normal wear and tear. 11. Rules and Regulations: The rules and regulations in regard to the building in which space is rented together with such other reasonable rules and regulations as may from time to time hereafter be promulgated by the City shall, during continuance of this rental agreement, be in all things observed and performed by Chevron, and Chevron's agents and servants. 12. Ordinances and statutes: Chevron shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the use of the premises. 13. Indemnification: The City shall not be liable for any damage or injury to Chevron, or any other person, or to any property, occurring on the premises, or any part thereof, or in common areas thereof, unless such damage is the proximate result of the negligence or unlawful act of the City, its agents, or its employees. Chevron agrees to hold the RENTAL AGREEMENT FOR OFFICE SPACE Page 3 of 11 -212- City harmless from any such claims for damages occurring on the premises no matter how caused, except for injury or damages for which the City is legally responsible. 14. Insurance: a. Chevron, at the Chevron's expense, shall maintain business liability and premises damage insurance with a single combined liability limit of $1,000,000.00, and a premises damage limit of not less than $1,000,000.00, insuring against all liability of Chevron, its officers, agents, employees, guests, invitees and authorized representatives, arising out of and in connection with Chevron's use or occupancy of the premises. b. The business liability and premises damage insurance acquired by Chevron under this paragraph shall also cover the contractual indemnity obligations of Chevron under paragraph 13 above. The policy shall name the City, any person, firms or corporations designated by the City, and Chevron as "additional insured" and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) days prior written notice. The insurance shall be with an insurance company qualified to do business in the State of Alaska with a financial rating of at least "A-" as rated in current Best's Insurance Reports, and a copy of the policy be delivered to the City within twenty (20) days of Chevron's execution of this agreement and a renewal of such policy or replacement thereof at least twenty (20) days prior to the termination of the coverage of such policy. C. Chevron's Fire Insurance: Chevron, at Chevron's expense, shall maintain on all of its personal property, Chevron's improvements and alterations, in on or RENTAL AGREEMENT FOR OFFICE SPACE Page 4 of 11 -213- about the premises, a policy of fire and extended coverage insurance, to the extent of at least one hundred percent (100%) of their replacement value. The proceeds of any such policy shall be used by Chevron for replacement of such personal property and the restoration of Chevron's improvements or alterations. d. City's Fire Insurance: The City may, at its election, maintain on the building a policy of fire and extended coverage insurance with vandalism and malicious mischief endorsements, of the type commonly referred to as an "all risk" policy to the extent of one hundred percent (100%) of full replacement value which may afford coverage for flood, earthquake, sprinkler leakage, or explosion of steam and pressure boilers, as the City may elect. The policy shall provide that any proceeds shall be made payable solely to the City. Chevron shall not use the premises for any purpose, nor do any act in the premises, which will increase the existing rate of insurance on the building or cause the cancellation of any insurance policy covering the building, or any part thereof. Chevron shall, at Chevron's expense, comply with any and all requirements pertaining to the premises of any insurance, organization or company, necessary for the maintenance of fire and extended coverage insurance covering the building. e. All policies provided under this section shall provide a waiver of subrogation against the City. F. Notwithstanding the foregoing, Chevron may satisfy all obligations to obtain insurance through its policy of self-insurance or a self-administered claims RENTAL AGREEMENT FOR OFFICE SPACE Page 5 of 11 -214- program so long as Chevron has a net equity of at least $100 Million. If Chevron elects to self -insure hereunder, its duties, such waiving subrogation rights, will be the same as if actual insurance had been obtained. 15. Personal Property: All personal property of Chevron on the premises shall be at the risk of Chevron only, and the City shall not be liable for any damage thereto. Chevron agrees to arrange for such insurance coverage to its personal property as it deems suitable. 16. Force Majeure: the City shall not be liable for any stoppage of either water, heat, lighting, janitor or of any part of mechanical plant of building, not directly due to lack of ordinary care by the City, or arising from riot, strikes, unavoidable accident or casualty, or other like or unlike causes beyond control of the City, or for any stoppage thereof for needful repairs or for improvements, provided the City uses reasonable diligence to resume such service, 17. Anti -assignment: Except in the case where Chevron may wish to assign this Lease or sublet to a Chevron corporate affiliate with Chevron remaining primarily obligated under the Lease, no assignment or sub -rental shall be created hereunder without the express prior written consent of the City, which may not be unreasonably withheld. 18. Destruction: If during continuance of this rental agreement, premises shall be so iniured by fire or other casualty as to be rendered untenable, then, and if such injury be not promptly repaired by the City, it shall be optional with either party hereto to cancel this Agreement by notice in writing to the other party given within 15 days after election of the City not to repair, and in case of such cancellation rent which has become due to date of such fire or casualty shall be paid. If the City repairs such RENTAL AGREEMENT FOR OFFICE SPACE Page 6 of 11 -215- injury, rent, or a just and proportionate part thereof, according to nature and extent of injury, shall be rebated until premises have been repaired by the City. 19. Non -waiver: Any failure of Chevron to comply with any one of terms or conditions of this rental agreement or rules and regulations of the City, shall make the whole amount of rent due, and the City, its successors or assigns, may proceed to collect same. It is further understood and agreed that the City's remedies hereunder are cumulative and that the City's exercise of any right or remedy due to a default or breach by Chevron shall not be deemed a waiver of, or alter, affect or prejudice any other right or remedy which the City may have under this rental agreement or by law. Neither the acceptance of rent nor any other acts or omission of the City at any time or times after the termination of this rental agreement or of Chevron's rights hereunder shall (1) operate as a waiver of any past or future violation, breach or failure to keep or perform any covenant, agreement, term or condition hereof or to deprive the City of its right to cancel or forfeit this rental agreement, upon the written notice provided for herein, at any time that cause for cancellation of forfeiture may exist, or (2) be construed so as at any future time to estop landlord from promptly exercising any other option, right or remedy that it may have under any term or provision of this rental agreement. 20. Default: If Chevron shall fail to pay rent when due, or perform any terns or condition hereof, after not less than ten (10) days' written notice to quit given in the manner required by law, the City, at his option, may terminate all rights of Chevron hereunder, unless RENTAL AGREEMENT FOR OFFICE SPACE Page 7 of 11 -216- Chevron within said time, shall cure such default. In the event of a default by Chevron, the City may elect to: (i) continue the rental agreement in effect and enforce all his rights and remedies hereunder, including the right to recover the rent as it becomes due, or (ii) at any time, terminate all of Chevron's rights of possession hereunder and recover from Chevron all damages it may incur by reason of the breach of the rental agreement, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss which the Chevron proves could be reasonably avoided. 21. Attorney's Fees: In the event of suit brought on this rental agreement to enforce the rights of either party, including a suit to recover possession of the premises, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the other party. 22. Binding Effect: Each and every one of the agreements herein contained shall extend to and be binding on the respective successors, heirs, administrators and assigns of the parties hereto. 23. Pets: No pets (except service animals such as seeing eye dogs) may be brought into the office space rented hereunder without the prior written consent of the City. 24. Entry and Inspection: Chevron shall permit the City or the City's agent(s) to enter the premises at reasonable times and upon reasonable notice for the purpose of malting necessary or convenient repairs, or to show the premises to prospective tenants, purchasers or mortgagees. RENTAL AGREEMENT FOR OFFICE SPACE Page 8 of 11 -217- 25. Quiet Enjoyment: Chevron upon fully complying with and promptly performing all of the items, covenants and conditions of this rental agreement on its part to be performed, shall have and quietly enjoy the rented premises for the terms set forth herein, if its performance of such terms, covenants and conditions continues for such. period. 26. Entire Agreement: This rental agreement sets forth the entire agreement of the City and Chevron concerning the rented premises, and there are no other agreements or understanding, oral or written, between the City and Chevron concealing the rented premises. Any subsequent modification or amendment of this rental agreement shall be binding upon the City and Chevron only if reduced to writing and signed by them. 27. Notice: Any notice which either party may or is required to give may be given by mailing the same, postage prepaid, to Chevron at the premises or to the City at the address shown below or at such other places as may be designated by the parties from time to time. 28. Conflicts of Interest: Neither the City or its employees or agents shall give to or receive from Chevron or its employees or agents any gift, favor or entertainment of significant value in connection with this Lease. Authorized representatives of Chevron may examine the records of the City relevant to the Lease and the intent of this clause for the sole purpose of determining compliance herewith. IN WITNESS WHEREOF, the parties hereto have executed this rental agreement the day and year set forth below. RENTAL AGREEMENT FOR OFFICE SPACE Page 9 of 11 -218- CITY OF KENAI By: Rick R. Koch City Manager CHEVRON NORTH AMERICA EXPLORATION AND PRODUCTION COMPANY, a division of Chevron U.S.A. Inc., a Pennsylvania corporation 91 Approved as to form: Cary R. Graves, City Attorney STATE OF ALASKA } )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2009, RICK R. KOCH, Kenai City Manager, 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: RENTAL AGREEMENT FOR OFFICE SPACE Page 1.0 of I I -219- STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2009, , CHEVRON, 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: RENTAL AGREEMENT FOR OFFICE SPACE Page 11 of 11 -220- EMPLOYMENT AGREEMENT This Employment Agreement (Agreement) is made and entered into this _ day of July, 2009, by and between the City of Kenai, State of Alaska, a municipal corporation, hereinafter called "the City," and Krista S. Stearns, hereinafter called "Employee." The City and Employee are referred to collectively in this Agreement as the "Parties." To the extent this Agreement requires action by "the City" that term shall mean the City Council unless the context clearly suggests otherwise. RECITALS The City desires to employ the services of 2. It is the desire of the City to provide employment, and to set working conditions 3. Employee desires to accept employment as thi NOW, THEREFORE, in considerationT the mutual follows: .°. ;,.. of the City; and s, to estalsh certain conditions of and the City. herein contained, tie Parties agree as EMPLOYEE EMV!LO -M1�I7� AND DUTIES The City hereby agrees to�ernpft�'I*� mployee,�ar�Employee agrees to accept employment, as City Attorney to perform te, nctions duties spe died m the C',harter of the City of Kenai and the Kenai Municipal Code. Eitrlovee call perform sue .other legally -permissible and proper duties and ,,. functions as the City Councilsiad#I dirt time to time as5i ri. B €5N 2: AND RESIGNATION The initial' term of this A4jteement shall commence 2009, and end August 24th, 2012, which I&ter date silll be the termination date. Employee agrees to remain in the exclusive emp16f,of _'`City until said termination date unless this Agreement is earlier terminated. B. DISCHARGE Due to the peculiar nature of the City Attorney position --in that it involves dealing on behalf of the City in various legal fields and the involvement of the City Attorney in many different projects --it is agreed that the City's business can only succeed if the City Attorney and the City Council enjoy a working relationship based on mutual respect, trust, and positive attitudes. It, EMPLOYMENT AGREEMENT - Page I of 7 EMPLOYEE CITY -221- therefore, may be impossible to quantify "poor performance" or gust cause" for termination given these complexities, which often involve personality factors, as opposed to legal or contractual factors. It is, therefore, the intent of the parties to provide for termination by the Employer without resort to any determination of cause. The Employee agrees that she is an at -will employee —serving at the pleasure of the Kenai City Council. She may be suspended or discharged without advance notice and without cause at any time during a lawfully -scheduled meeting of the City Council by a vote of at least four members of the Council. No disciplinary action, suspensi ,or termination of the City Attorney by the Council may be appealed to the Arbitration P{�cl Peionnel Board. C. RESIGNATION Employee may terminate this Agreement for an�freasofi, ,or no stat6ageason, upon giving sixty (60) calendar days' written notice to the Cit)",'hrough the Mayor. &Aw event the Employee voluntarily terminates employment, the Cniall be undgr, no further ffn*ial obligation to the Employee except to pay salary and befi6hiiipccrued, i# yding the caslitnutrfa[ue of any accrued but unused leave (at the Employee's theurreraof pay), througi'the last date of Employee's work or the effechv,,,,date of resignatior#, Whichever is later. Ar€y final payment to Employee may be offset by any h its (liquidated asitt not disputed) which may be owed to the City by the Employee. D. RENEWAL By mutual agree ent, thi*rms of this Agreement may'Jk extended for additional periods as may be ncgo gO ty the s ties from tirn , to time. At least ninety (90) days prior to the termination of this'graeme City and Emplpyee_shall declare their intentions as to whether to extend this Agreement fo 4-dlitggiai term(s) 4 'ject to renegotiation of salary. SEEN 3: Y AND MOVING EXPENSES In the event the Employee is dtsdharged (see e.g. Section 213, above) by the City during such time as is the Employee ,willing and ab to perform the duties of City Attorney, the City shall pay the r,„ Attorney four (4) months' severance pay. Severance pay shall constitute a lump -sum cash payment equal to the monetai .,value of 4,< pay and benefits that would have otherwise been provided to the Employee if she contint in,,*," City's employ for the period of severance pay due; however, with respect to Medical and Heal Insurance, the City shall provide that benefit wider COBRA and shall pay the premiums or sussdue to provide that coverage directly to the insurance provider (or other entity) for four (4) months after separation. Employee shall be entitled to the cash value of any accrued leave at her then -current rate of pay as of the date of separation. Non -renewal of this Agreement after expiration of its initial term does not entitle the Employee to severance pay. EMPLOYMENT AGREEMENT - Page 2 of 7 EMPLOYEE CITY -222- In the event the Employee is discharged by the City during the term of this contract, the employee shall be entitled to reimbursement of moving expenses of up to $5, 000 if the employee moves outside of the City for purposes of employment within four (4) months after discharge. All expenses of moving will be submitted for reimbursement within (6) months of the date of discharge. Non -renewal of the Agreement after expiration of its initial term does not entitle the Employee to moving expenses under this section. SECTION 4: SALARY AND REVIEW k A. SALARY Until July 1, 2010, the City agrees to pay Employee Y serviCea*endered pursuant hereto an annual base salary of ONE HUNDRED AND T',*T_ THOUSA'11` D DOLLARS ($112,000) payable in installments at the same time as otlifr employees of the City re paid. Thereafter, the Employee's salary shall be set annually ffiymotion o';5zthe City Couidt.pursuant to KMC 23.55.010 but in no event shall the annual salat�Il belovyj 12, 000. B. REVIEW At the conclusion of the first year oplo evaluation. If Employee receives az' goveWiia annual rate of compensation shall be NNAT eid the prior year's salad ti the conclusthe shall conduct ajerforMi&p evaluation and performance �.1 ion, En otoyee's annual t three percent (3%) a3he prior year's salary shall be given within thtr v d,4ys of the at any�p��l'are, will ttvi yment the ,city shall conduct a performance tisfactory pdrformance evaluation, Employee's b at least two,,4did one-half percent (2.5%) of second year & employment, the City Council if Emp l - de receives an overall satisfactory e of con`iensation shall be increased by at least Employment evaluations anticipated hereunder ,41"0 sary date of Employee's employment and to each anniversary date of employment of PION 5: OF WORK Employee is exeiftotrfrom the prolusions of the Fair Labor Standards Act and shall not be bound to a work week of any number,, laf hours. Employee is expected to work as many hours as the responsibilities of her pgsttipns uires. As a result, Employee shall not be paid overtime or allowed to accrue compensatory time; ',light of this, City understands and agrees that Employee may not work the standard work day oQ':00 a.m. to 5:00 p.m. as published in City's ordinances. Employee may, more typically, begin a work day at 9:00 a.m. and end that work day at 6:00 p.m., or at other hours as the demands of the position require. EMPLOYMENT AGREEMENT - Page 3 of 7 EMPLOYEE _ CITY -223- SECTION 6: PROFESSIONAL DEVELOPMENT A. PROFESSIONAL ASSOCIATIONS The City agrees to budget and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessaryxofficial and other functions for the City, including, but not limited to, the annual conference of the Alaska Bar Association, the annual conference for the Alaska Municipal Attorneys' Associkori `-and such other committees thereof which Employee serves as a member with City Cetnci,l approval. The Employee shall be a member of the Kenai Peninsula Bar Associate a aQhd its meetings on a reasonable basis. City shall pay the annual dues for the Keeld'Bar Association, the'Alaska Bar Association, including section dues for its the municipai,w section ity shall also psi the section dues for the State and Local Government Law seC} of the merican Bar 73s4iiion should Employee continue her membership in that orgAri ' ion- N. City acknowledges (and consen(*,_that Employee i.Already involved in several civil and professional organizations, including flte�haborovsk At ka Rule of Law (KAROL) program (an Open World program) and the Arraereca Associaticourages that participation. Actual time spent attending meeting4, and et3tt r pees appra ed by the City Council, and reasonable travel tie, asleep not coun s Employ6� d ,, Employee also serves on the volunteer fee arbitfation ate fee mediado committees, Yell as the diversity committee, for the Alaska Bgciatioinwther, Cues not eject to Employees continued pro bona work on a volunte6fg matter which ipresentation does not involve any property or persons within the Cityq i B. PIS' 'ESSIONAb,.EVELCIP#y1) NT sd T6 City agrees to bur et, and to glor the travel and subsistence expenses of Employee for x shoaliarses, institutes %atld semiitas that are necessary for her professional development and for the ,&ood of the Cit}i,is approved by the City Council through the budget process or senaratelv3,kkthe conferends arise from time to time. SECTION 7: MOVING EXPENSES City shall reimburse Employee for up to $5,000 in moving expenses, including temporary housing which Employee may need to secure in Kenai while awaiting housing, which expenses are actually incurred. All expenses of moving will be submitted for reimbursement within six (6) months of appointment. EMPLOYMENT AGREEMENT - Page 4 of 7 EMPLOYEE CITY -224- In accordance with Kenai City Code Title 23.30.120, Employee will reimburse the City for all or part of moving expenses previously reimbursed in the event Employee voluntarily leaves her employment according to the following schedule: 100% - employment of less than six (6) months; 75% - employment of six (6) months but less than twelve (12) months; 50% -employment of twelve (12) months but less than eighteen (18) months; 25% - employment of eighteen (18) months but less than twenty{ -four (24) months; and 0% - employment of two years or more. For purposes of this Agreement, a "month" is a month (30 days) Employee shall not be required to re -pay any moving exp s end of the initial term of this Agreement. &: The City recognizes that certain general expenses of a i incurred by Employee in the course of I.T employment. pay said general expenses provided claird5 tpported by to the City., not a calendar month. ee is terminated before the aar% nd job-affiliainature will be agrees to reimbi ,66 e Employee or to when available) are duly submitted The City recognizes t 4Qstrabilnty represenI ti m and before local civic and other organizations, and Employee is authortzi #o beci6e a membeN such civic clubs or organizations as deemed appropriate at Employee's o*l*x the Employ is encouraged to take an active role in the SECTION 10: ;INT & BENEFITS The Employce'iWI be bound or eive the benefits of the following sections of the Kenai Municipal Code: KMC 23``d,050 (Pay Dad; KMC 23.25.060(d) (Exemption from the Fair Labor Standards Act); KMC 23.30 11),(c) andt#) (Travel Expense); KMC 23.40.020 (Holidays); 23.40.030 (Annual Leave); 23.40,040 (Tertpr l I e i%e); 23..40.050-.060 ('Leave of Absence with/without Pay); 23.40.070 (Educational Opportuni&r� _'23.40.080 (PERS Retirement); 23.40,095 (Supplemental Retirement); 23.100 (Social Seeuritym 23.40.110 (Industrial Accidents); 23.40.120 (Medical and Hospital Insurance); and 23.40.130 (Family Leave). Notwithstanding anything to the contrary therein, Employee shall be entitled to participate and contribute to a health savings account, a flexible spending account, and a 4.57 deferred compensation and other retirement benefits in place for the City in accordance with the terms and conditions of that plan to the maximum extent permitted by law and by the plan. Further, the City shall pay the full medical premium for Employee (but not dependents) for Medical and Hospital insurance and shall EMPLOYMENT AGREEMENT - Page 5 of 7 EMPLOYEE _ CITY -225- further offset $1,300 of Employee's deductable for medical insurance as it has for other employees under the policies in effect. The City agrees that Employee shall be entitled to take up to three days of leave without pay (LWOP) during September, 2009 (expected dates are September 16-18). If Employee has any leave accrued prior to that day, Employee may use that accrued leave rather than utilize LWOP. SECTION II: RESIDENCY The Employee shall reside within the limits of the City of Parties recognize that during the initial period of her moon employee may temporarily reside outside the City in the,,; ye are not then reasonably available. OTHER TERMS AND The City shall fix any such terms ark Employee, as the City may determine i and conditions shall not be inconsistent City Code, or any other applicable law. City shall provide The Employs between tI duties of t Emp1,'e, should consult A. ASSIGNMEIS AND None of the sumlt'e Agreement by En Moyt of the City. B. APPLICABLE LAW full-time 12: KI her tenure of office. The t not more than 45 days), ermanent accommodations of eirspJayment relating to the performance of ime reA6#ably require. Such additional terms nftict wit provisions of this Agreement, the 13: with her duties. 5ift4,9f ieerest and the appearance of conflicts of interest and t i- orney's personal conduct. When in doubt, the y problem that might be reasonably foreseeable 'ION 14: PROVISIONS or to become due, nor any of the work to be performed under this shall be assigned to any third party without the prior written consent This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the State of Alaska EMPLOYMENT AGREEMENT - Page 6 of 7 EMPLOYEE CITY -226- C. 9 E. F G. WAIVERS Failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future exercise of such right, but the obligation of the other party with, respect to such future performance shall continue in full force and effect. SEVERABILITY The invalidity or unenforceability of any particular the other provisions, and this Agreement shall be c unenforceable provision or provisions were omitteA AMENDMENTS This Agreement may not be amended changed in any manner except by written of both parties. gr_ 14EADINGS The headings utilized herein are but shall not be util dd' tt interpi This IN WITNESS to be signed. Employee has this Agreement shall not affect 11respects as if such invalid or duly or of this Agreement, and conditions of it. ;reement consities;Her133re agreemetl#ietween the parties and supersedes all prior eitls t urtderstafi&ras, oralzrttte"between the parties with respect to the subject of this �ement zp modifio#i of this Agreement shall be valid unless such ation is m �rtag and stgiled by all of the parties to this Agreement. CITY OF KENAI Pat Porter, Mayor the (f of Kenai, on a vote of its City Council, has caused this Agreement I in itstehalf by its Mayor and duly attested by its City Cleric, and the kgreenent on this _ day of , 2009. ATTEST: Carol L. Freas, City Clerk SEAL: EMPLOYMENT AGREEMENT - Page 7 of 7 EMPLOYEE CITY -227- EMPLOYEE: Krista S. Stearns Cary R. Graves, City Attorney EMPLOYMENT AGREEMENT - Page 8 of 7 EMPLOYEE CITY sm Krista S. Stearns 3413 Wiley Post Loop Anchorage, Alaska 99517 907.830.0121 (cell) 907.269.5042 (work, direct) Isar Memberships/Associations Alaska Bar and Alaska Bar Association, 1994 - Present U.S. District Court, District. of Alaska, 1994 - Present Experience Assistant Attorney General, May, 2007 - Present State of Alaska, Attorney General's Office, Section of Labor and State Affairs, Anchorage, AK -Represent the Division of Motor Vehicles and the Alaska Workers' Compensation Appeals Commission in administrative appeals before Alaska's superior and supreme courts. Negotiate long-term land lease with the Municipality of Anchorage on behalf of the Department of Public Safety, working with the Commissioner and Deputy Commissioner to identify and establish priorities and to plan strategically for best terms. -Provide general representation on a variety of matters to client agencies, including litigating declaratory judgment and collection actions, reviewing and drafting legislation, and responding to public records requests and other inquiries. Attorney, December, 1993 - 2007 Boyd, Chandler & Falconer, LLP, Anchorage, AK -Litigated as lead attorney cases in all stages of civil litigation, including discovery, motion work, and trial, primarily in areas of commercial and municipal law. -Represented municipal clients in rural Alaska on a variety of matters including tax collection, public contracting, employment, public meetings and records, real estate, and code enforcement. -Advised department directors on day-to-day business matters and ordinance interpretation. Drafted ordinances and resolutions concerning matters as varied as municipal finance, personnel policies, initiatives and elections, planning and zoning, and local taxation. Advised clients on corporate organization to establish appropriate operating entity and operating procedures, negotiated and drafted purchase and sale agreements for businesses and business assets, consulted with clients on day-to-day operational issues as presented, and prepared documentation for Board and shareholder meetings, typically with small business clients. -Briefed and argued appeals before the Alaska Supreme Court and Alaska Superior Court, Judicial Law Clerk, September, 1992 - September, 1993 Hon, Peter Michalski, Alaska Superior Court, Anchorage, AK -Wrote memoranda and orders on motions for cases involving complex civil litigation. -Analyzed issues of employment discrimination, products liability, business torts, professional malpractice, securities regulation, constitutional law, maritime law, and insurance litigation. -Reviewed appeals from district court and administrative agencies. FOOZ Educational Background University of Minnesota Law School, Minneapolis, MN S.D., May, 1992, cunt laude Illinois Wesleyan University, Bloomington, IL B.A., May, 1989, magna cum laude in the History and Ethics of Public Policy; Minor Field: French Opinions and Memorandum of Decisions • Poirot v. State ofAlacica, Dep't. ofAdmin., Div. of Motor Vehicles, Memorandum of Opinion and Judgment, Alaska Supreme Court Case No. S-12812, March 4, 2009 • Haggblom v. City of Dillingham, 191 P.3d 991 (Alaska 2008) • Barrington v. Alaska Communications Systems Group, Inc., 198 P.3d 1122 (Alaska 2008) • David Gary Gladden v. City of Dillingham, Memorandum of Opinion and .Judgment, Alaska Supreme Court Case No. S-11367, .tune 14, 2006 • Fred Jackson McCormick and Hillbilly Enterprises, Inc. v, 00, of Dillingham, 16 P.3d 735 (Alaska 2001) • Trigg v. City ofNome, 929 P.2d 1273 (Alaska 1996) • Safety National Casualty Company v. Pacific Employers Insurance Company, 927 P.2d 749 (Alaska 1996) Bar Associations and Activities Alaska Bar Association Board of Governors, 2006 - 2009 Business Law Section Co -Chair, 2000 - 2006 Fee Arbitration Committee, volunteer arbitrator; 2000 — Present Fee Mediation Committee, volunteer mediator, 2002 - Present Anchorage Bar Association, 1994 - Present Board of Directors, 1998 - Present President, 2003 Young Lawyer's Section, 1995 - 2004 President, 1998 American Bar Association Member Section of State and Local Government Law Member of Executive Council, 2007 - 2008 Past Member, Young Lawyer's Division Liaison, State and Local Government Law Section, August, 2004 —2006 District Representative for District 33, 2002 - 2004 National Conferences Team, 2003 - 2004 -230- Speeches, Presentations, and Publications "This Case is a Real Dog: Adventures in Animal Control," CLE presentation at annual meeting of the Alaska Association of Municipal Attorneys, November 13, 2006, "Considerations and Planning for Judgment Collection In Business Disputes," CLE presentation sponsored by the Alaska Bar Association, Business Law Section, YVhat Every New Lawyer Needs to Know About Business Law, November 18, 2004. "Advising Clients Conducting Business in Rural Alaska," CLE presentation to the Business Law Section of the Alaska Bar Association, January 20, 2004. "Interviewing and Hiring: Keeping Your Recruitment Strategies Legal," presentation for Council on Education in Management, certification program for Certificate in Human Resource Management through the George Washington University, Washington, DC, March 22, 2004, "Update on. State Sales Tax Initiatives and Local Taxation Applied to State 'Employees," CLE presentation at annual meeting of the Alaska Association of Municipal Attorneys, November 10, 2003. "Importance of Service to the Bar," speech to new admittees to the Alaska Bar Association, November 14, 2003. "Personnel Law for Public Sector Employers," in-house seminar to municipal clients, January 29, 2003, "Update on Public Notice Provisions For Municipal Enactments," CLE presentation at ara mal meeting of the Alaska Association of Municipal Attorneys, November 14, 2002. "Practical Tips on Judgment Collection," CLE presentation at Alaska Bar Association Annual Meeting, May 15, 2002. "Off the Record: An informal Bench/Bar Exchange," moderator for CLE sponsored by the Alaska Bar Association, January 24, 2002. "Revisions to Article9: What You Need to Know," moderator for CLE sponsored by the Alaska Bar Association, Business Law, Bankruptcy Law and Corporate Counsel Sections, June 19, 2001, "Common Legal Pitfalls In a. New Venture," co -presenter at Alaska InvestNet Capital Investment Conference, March 22, 2001. "Property Tax Cap Initiatives," CLE presentation at annual meeting of the Alaska Association of Municipal Attorneys, November 5, 1999. -231- "Legislative and Quasi -Judicial Decision Making of Municipal Entities," speech at Alaska Municipal League's Newly Elected Officials Conference, November 6, 1998. "The Emerging Tort of Spoliation of Evidence and Its Effect on Municipal Liability," CLE presentation to annual meeting of the Alaska Association of Municipal Attorneys, November 4, 1996. Community Involvement Nordic Ski Association of Anchorage, Ski Train Volunteer, 1999- Present T-Shirt Sales Chair, 2002 - Present Arctic Bicycle Club Women's Mountain Biking Clinic Coordinator, 2008 - Present Ride LeaderNolunteer, 2007 - Present Alaska Legal Services Pro Bono Program -232- • Introduction of Members • Salmon Task Force Process • Presentations — Why should the city care? — Timeline of major events from. statehood N — Economics — Stock man-ageme — CoK habitat issue Recommendation] c ' with Mayor and CouncilMembers 1 Entroduction of, Task Force • Tarbox Robert Butler 2 W • elivery of core services are affected by fishing • Infrastructure (both grey and green) • Response to seasonal influx of people • Maintaining economic diversity • Quality of life for your residents/ visitors �ri'.! l • • i EXTERNAL A INTERESTS *Legislative Cook Inlet Salmon Force 9 Mat/Su Blue Ribbon i Sportsman'sCommittes- • Political AppointmentsBOF, ADF&G, DEC, r !. • Upstream .• developmentSri f po • River n — Pre --statehood: Traps, outside influence, federal management — Changes with statehood: e No traps, hoard of fish process, state management (ADFG) N — Early 60's - mid 70's . Stocks depleted over harvest was a concern — Mid-70's —late 80's: • Limited entry, new processors, sport fishing emerges — Late 80's — early 2000: • Subsistence priority est., Growth in sport fish industry, dipnetting emerges, market shifts (farm salmon / price drop) 2000— Early • � population, � demand, increasingly complex management plans 5 •Birds, Fish, Scenery, Spending, Selling •Risk Factors N :Prices, Returns, Facilities w • Economic Spin • Spend. more, More important •Direct 'v.Indirect Revenues • Gunnar Knapp Presentation to legislative committee (on ) 6 1 8,000,000 N O �� x SS3 T` - QE1 a7 + sue^ N t"J V Rcz ci? t`- eJCt aT Cw7 g— N V r - CO O> o r n r e?D QD QP as a7 rn O C:� ea cr ca o ca C:� rn rn a? cr esaC33ax csa tsa c7> a7 m rn of as rsz m rn a� rn rn as as cz) C: 7 IPPER COOK INLET SOCKEYE SALMON COMMERCIAL HARVEST 10,000,000 9,000,000 8,000,000 7,000,000 cn N L.L.•. 6,000,000 W 0 5,000,000 ffi Ca 4,000,000 z 3,000,000 2,000,000 1,000,000 0 YEAR 8 1 1 t 500,000 i dq 0 400,000 ico N 300,000 0 ^Oj raj ^Oj hOj ^Oj ^O) ^dj ^Qy ^Oj ^mj ^O) �Vj ^Oj �pf ^of ti� ryp wp ryp do .y0 ryQ ry0 4 It tf:I' 1: 800,000 U- O N 600,000 A � W � 400,000 ❑t YEAR 10 UCI PINK SALMON COMMERCIAL HARVEST 1,400,000 1,200,000 X U) LL 800,000 LL Iv O W ' 600,000 z 400,000 200,000 0�(4 �p p YEAR 11 45,000_-- I 40,000 I 35, 000 _ — - -- - —-- --- ---- --j 30,000 _. �z ----- LL 1 25,000 Z I e M 20,000 — — Z 15,000AE -- — i 10,000 1, T, d a 5,000 {IIR -'Jv e U 0 _ 1 f 1 17 T R, Year 70.0% 60.0% 50.0% U 40.0% D Np 0 30.0% 0 0 c 20.0% CD a 10.0% 0.0% City of Kenai Processors - Sockeye Salmon 2001 2002 2003 2004 2005 2006 2007 Year 13 700 650 600 N 550 4 1 500 450 400 350 300 80 81 82 83 84 85 86 87 88 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 ._.___ Drift ---- Set UCI Sockeye Salmon Sport/PU Harvest U111wiltitl i i ! 1'I 500,000 N ® 400,000 � v OD Es 300,000 200,000 G cp Nog Ag ^a3 - A®' Ah A9 Al AICj, A A� A� r1,0 `p O Ip r,®C9 15 Year 700,000 000,000 500,000 300,000 200,000 N 1996 1997 1996 1999 2000 2001 2002 2003 2004 2005 2006 2007 a Personal Use w Sport 1.800,000 !,600MOO Ooo.000 1,200 000 f�00,004 o. of Years < Minimum Within Range + Maximurp Upper end Indver 2 (6%) ts�( 9%) ?ti ( ') t;oo.noo ALA€>,Ft4]}i f 1 ry r^. st u� � !'- � u-, .'� - rro �^ -c•- � s� r- � a ,,�,_ � c�. rn c�� c � �; � � � c w 9 0 Sonar Passage Estimates Kenai River escapements have exceeded goals over hal the time which means lost harvest opportunity. Direct ContrM • Land use (plan or react?) zoom for meaningfial dissent when battle lines drawn ® Road maintenance • Stormwater controls Indirect • Upstream - local, Mate and federal partners • State Agency decisions • Federal Agency decisions ESA 18 «:- Exi ? ?:* Roads Cn Forest- Practices Fisheries Mgmt 19 P.e Beaver Loop making ' burden of !f concept in habitatdecision FIRM! 11,111111 N 3. Educate staff on habitat related issues Cri 4. Learn and adapt by evaluation of past practice 5. Take into account the long terra time frames of salmon !t ! 6. Raise salmon habitat priority in decision making matrix 24 I B on infrastructure planning Establish Watershed and Natural Resource advisory conu`nisslon to: N • Solicit and provide teclu-iical input on development issues C °° ® Develop a plan to address Culverts and Stormwater (w/ADOT and ADEC) • Sustain economic and community benefits associated with fisheries, natural resources • Review city actions for environmental impacts • Monitor track and report to the council when external activities may impact the city 25 Chapter XX.00 NATURAL RESOURCE COMMISSION XX.00.xx Natural resource commission. XX.OA.xx Commission composition. XX.Ol3.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 — 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 terms 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 t of 2 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. X)LOD.xx Goals. The goals of the Natural Resource CAAommission 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 5_6_09ver.doe Page 2 of 2 Introduced. by: Knepp, Sprague, Date: 0S/t 9 Hearings'. 06/16/09 & 0 07109 Date: 5/19/09 Action: Introduced and Set fot Rearing Date: 06/16/09 .Action: Postponed as Amend 07/07/09 Date: Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2009-31 AN ORDINANCE PRON71DING FOR A VOTE ON THEUESTION OF ADOPTING A MANAGER PLAN OF GOVERNMENT AT THE N T REGULAR ELECTION, EFFECTIVE BEGINNING 2011 WHEREAS, Alaska Statutes provide that th/ayor ay adopt a manager plan of government, which is initiated either by petition adopted by the governing body; and WHEREAS, a manager plan of governmentes administration of the borough from the current form in which the electhe chief administrator forthe borough to a manager forrn of governmentanager appointed by the assembly is the chief administrator: and WHEREAS, Alaska Statute 29.20.470 r quires the governing body to provide by ordinance or resolution for a vote on t question of adopting a manager plan at the next election when it adopts a motion o submit the question to the voters; and WHEREAS, the requisite motion is included in this ordinance; NOW, THEREFORE, BE IT/ ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION I. That the assembly hereby approves a motion to adapt a manager plan of government as provided 'n Alaska Statute 29.20.460(a), effective in 2011 following expiration of the curr t mayoral term of office. Kenai Peninsula Borough, Alaska New Text underlined- [DELETED TEXT BRACKETED] IMM Ordinance 2009-31 Page I of 2 SECTION 2. That a ballot proposition shall be placed on the ballot in the next regular borough election, to be held October 6, 2009, which shall read as follows: Shall the borough adopt a manager form of government, effective in 2011 at the end of the current mayoral term of office, where the chief administrative officer is a manager appointed by the assembly instead of the current form where the elected mayor runs the borough administration? Yes No SECTION 3. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2009. Milli Martin, Assembly President ATTEST: Johni Blankenship, Borough Clerk No: Absent: Ordinance 2009-31 N", Text Underlln� [DEL.ETP,D TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 2 -262- Introduced by: Dew Hearings: Action: Date: Action: Vote KENAI PENINSULA BOROUGH ORDINANCE 2009-32 Sprague, Knopp 05/19/09 06/16/09 & 07/07/09 Postponed Until 07/07/09 AN ORDINANCE ESTABLISHING THE CENTRAL PENINSULA MULTI -USE FACILIT: SERVICE AREA WHEREAS, at this time there is no facility in the central area of the Kenai Peninsula that is large enough to accommodate youth or adult sports, wellness programs, community recreational opportunities, sports shows, exhibitions, and other special events during the winter and shoulder weather season; and WHEREAS, many high school youth and community sports teams will benefit greatly, and become more competitive, if practice and competition facilities are available year-round; and WHEREAS, the existing school track facilities are aging, some are in very poor condition, and a large investment will be required in the near future to meet standards; and WHEREAS, through a survey, a large number of organizations and community members and school district have indicated their support and potential use of such a facility; and WHEREAS, an ad -hoc committee of numerous community members has been working to develop the concept of construction and operation of a multi -use facility to be built in the central Kenai Peninsula and formed a nonprofit corporation in early 2009 called the Central Peninsula Sports Facility, Inc.; and WHEREAS, the stated mission of the Central Peninsula Sports Facility, Inc. is to "seek to serve the Kenai Peninsula Borough and the State of Alaska with a premier, multi -purpose facility; offering a diverse blend of recreational wellness opportunities, academic, cultural and entertainment activities that meet the interests of these population." WHEREAS, the CPSF, Inc. commissioned a feasibility study with USKH, an Alaskan Consultant. Corporation, along with architects and recreational facility planners to evaluate the feasibility of this project; and WHEREAS, the feasibility study was completed in May of 2009 that evaluated different construction building options, potential user groups, probable operational costs, potential revenues, probable expenses, project financing debt service, potential Kenai Peninsula Borough, Alaska New Text Underlined [DELETED TEXT 13AACKEWD] Ordinance 2009-32 Page 1 of 7 -263- revenue shortfalls, and possible service area formation and user fees for the project; and WHEREAS, as the facility would primarily serve the central peninsula area, CPSF, Inc. has asked that the assembly form a service area to fund the construction and operation of this facility, which would be subject to voter approval; and WHEREAS, it is intended that the facility's construction would be funded through bonds and/or grants through the service area; and WHEREAS, on , 2009, the assembly conducted a public meeting in the central peninsula area to receive public comments regarding the formation of this service area; and WHEREAS, the proposed boundary of this service area would be the same as the current boundary for the Central Kenai Peninsula Hospital Service Area; and WHEREAS, although this would overlap the North Peninsula Recreation Service Area, because it provides a higher or different level of service, the service area may be formed without conflicting with the existing service area provided there is no duplication of services; and WHEREAS, due to the size and population of the proposed area, the lack of need for city government and certain. character, resource, population, and boundary standards for city annexation as described in 3 AAC 110.090-.140, such services cannot be provided by an existing service area, by annexation to a city, or by incorporation as a city; and WHEREAS, because the proposed service area includes the cities of Kenai and Soldoma, the approval of this service area must receive a separate majority approval from the voters residing in (1) the area of the borough outside of the cities and inside the service area boundaries; (2) the voters residing in the city of Soldoma; and (3) the voters residing in the City of Kenai; and WHEREAS, construction and operation of this multi -use facility would be in the best interests of the borough as it would provide an opportunity for the public to use a year-round facility enabling them to be more competitive with other areas of Alaska and other states that already either use similar facilities or are able to use the outdoor venues year-round, would encourage public involvement in sports as well as cultural and wellness programs, and would stimulate the economy by providing a place to hold more events in the Kenai Peninsula Borough by attracting participants and associated personnel throughout the year by using hotels, restaurants, gift shops, stores, and other businesses; Ordinance 2009--32 New Text UnderlinedL LDFLETED TEXT SRACKETEDJ Kenai Peninsula Borough, Aiaska Page 2 of 7 IM NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That Title 1.6 of the Kenai Peninsula Borough. Code of Ordinances is amended by adding a new Chapter 16.80, which shall read as follows: CHAPTER 1.6.80. CENTRAL PENINSULA MULTI -USE FACILITY SERVICE AREA 16.80.010. Boundaries. There is established a service area within the borough designated as the "Central Peninsula Multi -Use Facility Service Area" in that portion of the borough described as all the following referenced to the Seward Meridian, Alaska: As a point of beginning, begin at the N.W. comer of T15N, R23W (projected), Seward Meridian, State of Alaska; Thence cast to the N.E. corner of T15N, R12W, (projected); Thence south to the N.W. comer of T13N, RI 1 W, (projected); Thence east to the N.E. comer of T13N, R10W, (projected); Thence south to the S.E. corner of T13N, RIOW, (projected); said corner being in CookInlet at longitude 150'58'18" W, latitude 61' 10'00" N; Thence southeasterly to the S.E. corner ofT12N, R9W, (projected), said corner being in Cook Inlet at longitude 150'46'37" W, latitude 61'04'49" N; Thence northeasterly to the N.E. corner of T12N, R7W, (projected), said comer being in Cook Inlet at longitude 150'26'01" W, latitude 61'01'01" N; Thence southeasterly to the N.E. corner of TI IN, R6W, (projected), said comer being in Turnagain Arm at longitude 150'14'40" W, latitude 61'04'49" N; Thence east to the N.E. comer of TI IN, RSW, (projected), said comer being in Tumagain. Arm at longitude. 150*04'01" W, latitude 61'04'49"N; Thence southeasterly to the common boundary of the Kenai National Moose Range and the Chugach. National Forest and Chickaloon Bay; Thence south along the common boundary of the Kenai National Moose Range and the Chugach National. Forest to the intersection with the boundary between election Kenai Peninsula Borough, Alaska New Text Underlined('DELFSTEsD'2'Bx'U BRACUTED1 Ordinance 2009-32 Page 3 of 7 -265- district numbers 9 and 10; Thence southerly along the boundary line between election district numbers 9 and 10 to an intersection with the township line between TIN and T2N (projected); Thence west along the township line between TIN and. T2N to a point 3 miles offshore in Cook Inlet; Thence southwesterly to an intersection with Seward baseline at a. point 3 miles offshore in Cook Inlet from the western shore of Cook Inlet; Thence west to the S.W. comer ofT1N, R24W, (projected); Thence north to the N.W. corner of T41NT, R24W, (projected); Thence east to the S.W. corner of T5N, R23W, (projected); Thence north to the N.W. comer of T8N, R23W, (projected); Thence west to the S.E. corner ofT9N, R24W, (projected); Thence north to the N.E. corner of T12N, R24W, (projected); Thence west to the S.E. corner of T13N, R24W, (projected); Thence north to the N.E. comer o£T15N, R24W, (projected), the point ofbeginning. 16.80.020. Mill Levy. No mill levy in excess of .5 mills shall be levied on behalf of the service area unless an increase is approved by the assembly during the budgetary process. 16.80.030. Authorized functions of the Central Peninsula Muld-rase Facility Service Area. Subject to assembly approval and appropriation of funds and the provisions of KPB 16.04,00t, the service area shall provide for the construction, operation, and maintenance of a multi -use facility to be located in the central peninsula area that is large enough to provide a venue to practice and compete in youth or adult sports that normally require a large area. Specific examples of such sports include soccer, football, laeross, softball, baseball, track and field events, golf and other similar recreational sports activities. This facility may also be used for sports shows, exhibitions, academic and cultural events and services, wellness programs and other special events. ordinance 2009-32 Man, Text Underlined [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 4 of 7 m 16.80.040. Personnel system rules and regulations. Unless specifically provided otherwise, the borough personnel system and Title 3 of the Kenai Peninsula Borough Code of Ordinances applies to the personnel employed by this service area. 1.6.80.050. Employee conduct requirements. Employees of the service area are employees of the borough, and as such employees are required at all times to conduct themselves in an exemplary manner befitting the public service in which they are employed. 16.80.050. Budget and fiscal control. The formulation of a budget and fiscal control of expenditures of public moneys of this service area are under the supervision and direction of the mayor and the assembly. 16,80.060. Administrative officer. The administrative officer shall be held accountable to the mayor and shall make written and verbal reports to the mayor as required by the mayor. The administrative officer shall provide quarterly reports to the mayor indicating the condition of the multi -use facility, equipment, service usage, and other matters as required by the mayor. Copies of such reports shall be provided to the assembly. 16.80.070. Purchasing agent. The purchasing agent for the service area is the borough purchasing officer. All purchases of supplies, materials, equipment, and contractual services shall be made in accordance with the rules and regulations adopted by the borough assembly and. administratively by the mayor. All contracts for capital improvements and maintenance performed in connection with the service area shall be bid and administered by the borough public works department in accordance with the department's normal procedure for letting of contracts. 16.80.080. Budget and capital program. The service area administrator shall prepare a budget and capital program which shall be submitted to the mayor for approval. The budget and capital expenditure proposal shall be subject to the procedures for adopting the borough budget and capital expenditures program subject to approval by the borough assembly. 16.80.090. Accounts —Vouchers —Accounting. Kenai Peninsula BOrougJi, Alaska Ncom Te I Urulerim¢ed; [DELETED TEXT iBRACKETEDi Ordinance 2009-32 Page 5 of 7 �i� All accounting functions of the service area shall be under the supervision of the director of finance of the borough who shall provide rules and regulations and procedures governing the issuance of vouchers, the payment of vouchers, the issuance of checks, and the payment of checks, the use of the central treasury of the borough, and the manner in which all bonds, contracts, leases or other obligations requiring the payment of funds from the appropriations in the service area budget arc to be processed and administered. SECTION 2. That the following proposition shall be placed before the voters of the Central Peninsula Multi -Use Facility Service Area at the regular election to be held on October 6, 2009: PROPOSITION: Shall the Kenai Peninsula Borough be authorized to exercise powers to construct, maintain, and operate a multi -use facility to accommodate sport activities and events, recreational wellness opportunities, academic, cultural, and entertainment activities and services in the Central Peninsula Multi -Use Facility Service Area within the service area boundaries defined by Ordinance 2009-_ YES NO SECTION 3. That Section 2 of this ordinance shall take effect immediately upon its adoption, and Section I of this ordinance shall take effect upon approval of the proposition in Section 2 above by a majority of the qualified voters voting on the issue and when either the borough receives Department of Justice preclearance under the Voting Rights Act of 1965 or 60 days after the Department of Justice has received the borough's request for preclearance, whichever is earlier. If the borough's request for Department of Justice preclearance has been resolved prior to the certification of the election results, the date of certification shall be the effective date of the ordinance. SECTION 4. That this ordinance shall also only take effect after the cities of Soldoma and Kenai either agree to be included in the service area by ordinance, or approval is granted by a. majority of the voters in each city as required by AS 29.35.450, ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2009. Milli Martin, Assembly President ATTEST: Johni Blankenship, Borough Clerk. Ordinance 2009-32 New Tex[ Underlined; [DELETED TE r BRACKETED] Kenai Peninsula Borough, Alaska Page 6 of 7 M Yes: No: Absent: Kenai Peninsula Borough, Alaska N✓,w Tesa Underlined� (DE'iETED I'Ekr BRACKETED] Ordinance 2009,32 Page 7 of 7 WO& Suggested by: Parks & Recreation Commission CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING A FEASIBILITY STUDY AND NEEDS ASSESSMENT IN CONSIDERATION OF A DOMED ALL SPORTS FACILITY IN THE CENTRAL KENAI PENINSULA AREA. WHEREAS, the Kenai Parks and Recreation Commission is tasked with investigating and commenting on development of public recreation facilities that will serve the people of the -City of Kenai; and, WHEREAS, at its July 24, 2008 meeting, the Kenai Parks & Recreation Commission unanimously passed a motion supporting a feasibility study and needs assessment be conducted in consideration of a domed all sports facility in the Central Kenai Peninsula area; and, WHEREAS, there is increasing interest in examining the feasibility of an All Sports Complex that would serve the Central Kenai Peninsula area; and, WHEREAS, such a facility would provide the ability for year round participation in such sports as soccer, track and field, baseball, football and other sports and community activities; and, WHEREAS, the All Sports Complex Task Force has been formed to pursue the feasibility of such a project for the area; and, WHEREAS, the feasibility study and needs assessment should be conducted in a cooperative effort by the Kenai Peninsula Borough, the Kenai Peninsula Borough School District, the City of Kenai and the City of Soldotna. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai supports and will assist in conducting, with other entities, a feasibility study and needs assessment in consideration for a domed all sports facility in the Central Kenai Peninsula area. The study and needs assessment should give consideration to land availability, construction size, potential user groups/individuals, maintenance, operational expenses, facility management, tax payer obligations, potential activities, and identification of funding sources including other governmental entities, private business and grants. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 2008. � J _ PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk -270- Bridges Community Resource Network June 2009 Prepared by: USKH Inc USKH i N 4 N e Mission Statement Introduction 3 Multi -Use Facility Program __ ___,__ ..__.. __.__ ..............4 Building Structure, Conceptual Floor Plans and Cost Estimates Operational Cost and Revenue Estimates 13 Project Financial Feasibility_ __...... _..,.........16 Appendix User Group Survey Form User Groups User Schedules V The Central Peninsula Multi -Use Facility seeks to serve the Kenai Peninsula Borough and the State of Alaska as a premier, multi- purpose facility; offering a diverse blend of recreational well opportunities, academic, cultural and entertainment activitie events that meet the interests of these populations. N 4 The Bridges Community Resource Network, Inc. and the Central Peninsula Multi -Use Facility ad - hoc committee engaged USKH to assist them with evaluating building options, costs, facility use and economic feasibility for constructing an indoor sports and multi -use facility. There are a number of needs that will be addressed with the development of such a facility, as stated below: Winter and shoulder season weather greatly limits youth sports, community wellness, and community recreational opportunities in the Kenai Peninsula region. Many high school, youth and community sports teams will benefit greatly, and become more competitive, if practice and competition facilities are available year round. Existing school track facilities are aging, some are in very poor condition and large investments will be required in the near future to meet standards. The Kenai region is in need of a large, multi- use facility for recreational and trade shows, exhibitions and other special events. ® A large number of organizations have indicated their support and potential use of such a facility. This planning and feasibility process was conducted to assist the Kenai Peninsula community with decision -making relative to this project. The study evaluates the community's needs, and the economic feasibility of developing such a facility. The planning process included: Project programming and conceptual design to determine what should be included in the facility, its size, the type of facilities, and components to be included in the project. An evaluation of three different building options and their associated costs, including: An air supported dome structure Traditional steel building construction *- Fabric covered steel frame structure A survey was conducted of potential user groups, teams and organizations to determine their interest, uses, needs and requirements, and the number of hours desired. A projection of probable operational costs and potential revenues from facility use s A feasibility analysis to identify project financing costs and potential revenue shortfalls requiring subsidy. The Central Peninsula Multi -Use Facility will encourage and accommodate a number of multi - uses. The goal of the ad -hoc committee is to develop a facility that will serve as many groups and individuals in the Kenai Peninsula community as possible. The ad -hoc committee worked with USKH architects and recreational facility planners to develop the building program and concept plan. This section of the report provides a description of the building program. The conceptual floor plan follows this section. Autistic and ConflounityMulti-UN Facliffies The indoor multi -use facility will support an assortment of activities including the following: Track and Field: g A regulation/high school sport -compliant 400 meter track with 8 lanes Two (2) areas for shot-put Long Jump pits (2) The track is ideal for community walkers and runners Football Field (160'x360'w/end zone) Soccer Field (SSx100yrds) Softball Field (approx 200'x200') that can also be used for non -regulation baseball Three batting cages Hard courts Basketball (50'x84') Volleyball (29.5'x 59') Multi -Use practice fields Three (3) non -regulation 100'x200'turf practice fields Turf Surface The recommended turf surface product is Mundo Turf Performance HD. Spectator Seating Bleacher seating on both sides of the track and field for 1000 spectators split evenly Support Facilities Other facilities and spaces are necessary for management, community use, athletic and spectator comfort. These are located in a two story enclosed space at one end of the structure. A bridge will allow for access to the center field area of the facility while the track is in use, facilitating use of the facility by multiple groups at the same time. Support facilities are listed below: Reception desk (230 sf) a Manager office (100 sf) Baseball/Softball - - Day runners changing/prep area (390sf) i N V CD Male and female locker rooms with rest rooms and showers (1,300 sf total) Restroorns (300sf) Concessions area (430 sf) 3 An area for a commercial style kitchen or team rooms (1354 sf) Team meeting rooms upstairs (1950 sf) Second floor Mezzanine (13,109 sf). Other Community uses The facility will have many other uses. Creative management will help to identify, facilitate and market these uses. Some examples include: • Community walking/running memberships • A golf driving range A Mom (and/or dad) tot walks on the track 3 Frisbee golf • Radio controlled car racing e Sport, auto and travel shows • Nigh School graduations • Birthday parties • Non -alcohol school all night events Three different building types to house a 400-meter track and soccer field were studied. The overriding concerns are the size of the building and the clear spans required. To house the desired programs, the building is 300 feet wide by 640 feet long. The three types of buildings we identified that could accommodate this type of interior space economically are: An air inflated fabric structure. 5 A rigid frame fabric structure. A pre-engineered metal building. Mr 111511alted Fabirac Structure An air inflated fabric structure is a relatively new innovation in building design. The air inflated structure is in the shape of a dome. It has an outer fabric skin normally an acrylic vinyl coated polyester. The fabric is fire resistant. On large spans, such as would be required in this installation, steel cables are woven into the fabric and stretched from one side of the building to the other to relieve the tension on the fabric skin in high wind or snow load situations. An inner skin is also provided and fiberglass insulation is installed between the outer membrane and the inner liner of the building. The building is held up by a constant air pressure inside the building that is generated by direct fired furnaces which provide the air pressure inside the building to keep it inflated as well as providing the heating for the facility. The membrane structure has adequate support capability to hang a moderate number of overhead lights from the structure itself. Also, other light building uses such as netting around the soccer field, baseball cages, or golf driving ranges could be hung and supported from the fabric building. Advantages: * It has a very low initial construction cost. The time to erect the facility is relatively short. * It provides a pleasant, well lit interior space. * It provides a high ceiling height to accommodate multi -uses such as soccer or a golf driving range. Disadvantages: In order to keep it inflated, it has to have constant air pressure in the building which requires a back-up system to ensure it is operational even in a power outage. 5 It has a relatively high operating cost because of two factors: a relatively low R value in the insulating quality and the constant air pressure that must be maintained 24 hours per day, 365 days per year. Even when the building is not in use, the cost of power to the large fans continue. The fabric dome has a lower life expectancy than a pre-engineered metal building. With a special coating on the outer membrane, it can be warranted for 15 years. The replacement cost of the fabric structure itself is relatively low, approximately 20% of the total cost of the facility and could be replaced at a much lower cost than a new facility. Even though it can support some items, the sprinkler system and the majority of the lighting has to be provided from the perimeter of the building. Rigid Name Fabric Structural A rigid frame fabric structure utilizes a metal truss system usually at 16 to 20-foot intervals that would span across the building in the 300-foot direction. The skin of the building is a membrane similar to the air inflated structure that is stretched and seamed together between each of the trusses. This system also utilizes an inner lining fabric with fiberglass insulation in between. Because it has a rigid steel frame, more insulation can be added to the structure than can be put in the air inflated facility. The standard R value utilized is an R24, but an insulation value of up to R30 can be purchased and installed. All of the lighting can be supported overhead from the metal structure as well as the sprinkler system, ductwork, and any other multi -use apparatus that needs to be supported. Advantages: R lighter foundation system can be used. In an air inflated structure, the foundation is designed for the uplift from high winds, but also for the air inflation inside of the building which tends to pull it up from the ground. The rigid frame fabric building is a little more substantial and is not affected by heavy snow loads or large wind loads as much as the air inflated structure. With vertical side walls, the space immediately adjacent to the walls is more usable than in the dome structure where the walls tend to curve in. a The added insulation value and the fact that the building does not have to be inflated and can be shut down when not in use reduces the operating costs. Disadvantages: 8 Because it is also a fabric structure, it does not have the life expectancy of a pre-engineered metal building. The initial construction is more expensive than the air inflated structure, and very similar to a pre-engineered metal building. The life of the fabric is approximately the same as the air inflated structure; however, the building exterior skin can be replaced easier in the fact that it has a rigid frame and the inner lining and insulation can stay in place, as well as all of the interior equipment such as lighting and sprinklers while the exterior fabric gets replaced. r N 4 e Pre -Engineered Metal Oulldinqe The rigid frame fabric structure: $21,000,000 The conventional pre-engineered metal building with metal roof and wall panels have been in use for many years and have a proven track record. Insulated ceiling/roof and insulated wall panels can be installed. This provides a finished metal skin on both the exterior and interior of the building. High R values can be attained in the metal building panels. The buildings have a long life expectancy of 30 — 50 years. Advantages: A relatively long life and low maintenance facility. g Exterior walls are vertical providing good interior useable space. The rigid structural system allows for suspension of lights, sprinkler systems, air ducts, and any sporting apparatus that needs to be supported within the building. Disadvantages: ry The initial construction cost will be higher than the other two types of buildings considered. The construction time will be longer than the other two systems but not substantially. The design costs will be slightly higher than the other two systems. Construt"'11011 cggt 01 the urea iatg buildings. The fabric the air supported structure: $14,000,000 The pre-engineered metal building: $21,000,000 Conchislon The costs, advantages and disadvantages for each of the three building alternatives were evaluated by the consultant and citizen committee. The Rigid Frame building was eliminated immediately from consideration, as the project costs are comparable with a pre-engineered metal building. Although the initial development costs of an air - supported dome are considerably less than a pre-engineered metal structure, there are concerns about the life expectancy of the fabric roof. The fabric has a 15 year warranty, and may well last much longer, but not enough of these structures have been constructed and in operation for more than 15 years to determine an actual lifespan for such a structure. To plan for the replacement of the fabric roof and turf, a $200,000 annual contribution to a maintenance fund will be required. This adds considerable expense to operations of the facility, and when considered in the life -cycle cost of the facility, makes the conventional steel construction facility more attractive. Detailed construction costs are provided for both the air -supported fabric and steel structures. The conclusion of the citizen committee and consultants is that the pre-engineered steel structure will best serve the residents and user groups of the central Kenai Peninsula Borough. Construction Costs — Kenai Peninsula t lU6 —USe Facility (utilizing an air supported structure) a) Engineering and Architecture $500,000 b) Construction Administration $200,000 2 c) Administrative Costs $600 000 3 d) Utility and Infrastructure Costs $500,000 4 e) Site Improvements $750,000 5 f} 1 Facility Construction $14,020,000 6&7 g) Furniture, Fixtures, and Equipment $400,000 h) Contingency $700,000 8 i) Inflation $1,697,000 9 Total $19,367,000 Note: No land purchase costs are included in this estimate Notes related to the construction cost estimate 1 Much of the engineering is supplied by the building manufacturer in all 3 of these building systems. The exceptions are foundation designs; stamped drawings for submittal to the municipal building department and state fire marshal; site and utility design and construction drawings; and all interior build -out design and construction drawings. 2 Would include review of shop drawings and submittals and weekly construction inspection trips to the site. 3 Owner costs for administering the project, staff to put the project out to bid, negotiate contracts with consultants and contractor, review pay requests, pay for building permit fees and associated owner project costs. 4 Not knowing the building site, this is an allowance. 5 This is based on 500 feet of sewer and water service and paved parking for 250 vehicles. 6 This number is based on construction costs reported for the Anchorage multi -use dome plus 5% additional costs for the larger building size (174,000 sf. versus 192,000 sf. to allow for bleachers on both sides and some additional length). An additional 10% to cover the cost of donated services that were made and an additional 12% for escalation since that facility was constructed. A small increase for the cost. differential between Anchorage and the Kenai Peninsula was added. The cost was also verified with R.S. Means Cost Guide. - Co istruction hosts - Kenai Peninsula MuIV=Use Facility (utilizing an air supported structure) continued I Notes related to the construction cost estimate I 7 The air inflated fabric structure includes the price of four large furnace air handlers in the fabric package which greatly reduces the cost of heating and ventilation construction costs for this type of building.5 This is based on 500 feet of sewer and water service and paved parking for 250 vehicles. 8 Contingency of 5%of the building costs. 9Two years inflation @.4% per year. N 00 N Construction Costs— Kenai Peninsula luiti- se Facility (utilizing a pre-engineered metal building) a) Engineering and Architecture $500,000� i b) Construction Administration $200,000 z c) Administrative Costs $600 000 3 d) Utility and Infrastructure Costs $500,000 4 e) Site Improvements $750,000 5 f) Facility Construction $20,300,000 g) Furniture, Fixtures, and Equipment $400,000 h) on ngency $812,000 6 i) Inflation $1,395,000 Total $25,457,000 Note: No land purchase costs are included in this estimate Notes related to the construction cost estimate 1 Much of the engineering is supplied by the building manufacturer in all 3 of these building systems. The exceptions are foundation designs; stamped drawings for submittal to the municipal building department and state fire marshal; site and utility design and construction drawings; and all interior build -out design and construction drawings- 2 Would include review of shop drawings and submittals and weekly construction inspection trips to the site. 3 Owner costs for administering the project, staff to put the project out to bid, negotiate contracts with consultants and contractor, review pay requests; pay for building permit fees and associated owner project costs. 4 Not knowing the building site, this is an allowance- 5 This is based on 500 feet of sewer and water service and paved parking for 250 vehicles. 6 Contingency of 4% of the building costs. 7 Two years inflation @ 3% per year. mltn -. �mm HULDING PIAN A major challenge for developing a public venue like the Central Peninsula Multi Use Facility is how to determine project financial feasibility. There are a number of questions that need to be answered including: * How much will the facility cost to construct? How much will the facility cost to operate? How will we pay for the projects construction and operational costs? a Who will use the facility? Most public venues such as the one proposed or facilities like ice arenas require annual operating subsidies to meet debt service and operational cost expenses. Good operations management, community outreach, creativity and marketing will impact the level of subsidy necessary for the project. Based upon surveys completed by potential user groups and organizations, we have projected the potential use of the facility. It is recognized there are additional users and groups who are not included; and that cost and availability will affect utilization of the facility as well_ The total of 2551 hours was used as the basis for estimating revenues from the field rental. Revenue assumptions are based on the estimated use at an average field rental rate of $200/hour. Operational Cost and Revenue Estimates ® Kenai Peninsula Multi -Use Facility (utilizing a pre-engineered metal building) Item: Item Total [Votes _Revenue Rate Schedule Field Rental $ 462,200,00 Field Rental- $300. Full Field Per Hour Track Rental $ 63,500.00 $200. 2/3 Field Per Hour Court Rental $ 12,000,00 $100, 1/3 Field Per Hour Batting Cages $ 16,500.00 Track Rental- $150. Full Use Per Hour Advertising Panels $ 22,000.00 $300. Individual Year Membership Activity Cards $ 25,000.00 $5,00 Per Individual Use Miscellaneous $ 10,000.00 Court Rental- $50.00 Per Hour Vending/Concessions $ 43,000.00 Total Revenues $654,200.00 _ Batting Cages- $50.00 Per Hour Activity Card- $50.00 (10 Visits) Expenses Labor $256,000.00 Staffing Payroll Taxes/Benefits $ 87,200.00 Building Manager, Full Time w/Benefits Total Labor $343,200.00 Administration Coordinator, Full Time w/Benefits Maintenance Tech, Full Time w/Benefits Office Supplies $ 2,000.00 Operations & Programs Staffing, Part Time Postage $ 3,000.00 Telephone $ 6,500.00 Repairs and Maintenance $ 6,000.00 Janitor Supplies $ 7,200.00 Fuel $ 1,700.00 Equipment Rental $ 3,000.00 Printing $ 500.00 _ Operational Cost and Revenue Estirnates a- Renal Peninguia Multi -Use Facility (utilizing a pre-engineered metal building) Continued Item; Item Total Notes Bad Debt $ 1,200.00 Utilities $ 290,000.00 Insurance $ 25,000.00 Contracted Maint $ 5,000.00 Professional Fees $ 7,000.00 Dues and Subs $ 2,000.00 Advertising $ 5,000.00 Snow Removal $ 37,000.00 Vending Supplies $ 19,000.00 Future Maintenance Fund $ 100,000,00 Total Expenses $864,300.00 Profit/(Loss) 1 $(210,000.00) xr, t' JM: A_ .,f Preliminary feasibility analysis of the metal building option is presented in this section of the report to generate further discussion, evaluation and decision making. Estimated costs of both an air supported "dome" structure and traditional steel building with their advantages and disadvantages are identified in this report, A major advantage of the metal building is not having to budget funds to replace the fabric roof structure after the 25 year warranty period expires. Expenses are detailed in the previous section of this report and have been projected based upon labor rates associated with operating a public facility in the Kenai Peninsula Borough, as well as operating costs associated with comparable facilities in Alaska. The traditional steel building does offer a lower cost of operation due to reduced utilities expense. An annual contribution to a future improvement fund is projected for future turf replacement. The project as conceptualized should be able to attract public investment in the form of grants to reduce the bonding required for construction. We have assumed that $2 million in grants can be secured for the project. Bond financing is being considered for the project, and terms of 20, 25 and 30 years were evaluated. While the 30 year term will reduce annual debt service, the additional interest paid over that five year period is considerable. Therefore, the committee decided to base feasibility testing on a 25 year term. Actual bond terms and interest rates will be determined prior to the bond sale. Actual revenues from the rental and use of the facility will be affected by the cost and user groups ability to pay. This study can be used to discuss use and cost with proposed user groups, and to further identify uses and other users. A referendum vote of the Borough voters to establish a new Service Area to capitalize a construction bond and operations of the facility is being considered. The proposed Service Area is exactly the same as the area encompassing the existing Central Peninsula Hospital Service Area. The estimated revenues from the Service Area tax is calculated below: Service Area Taxable Value $4,000,000,000.00 ($4 Billion) A Y: mill tax (0.5 mills) would generate $2,000,000.00 annually within the service area. I Pre -Engineered Metal Building: 25 year financing term Total Project Cost: $25,457,000 Less: Grants/Appropriations: $2,000,000 Net amount to be financed: $23,457,000 Annual Debt Service: $ 1,581,917 ($23,457,000@4.5%,25 year term) Kidd: Operating revenue deficit: 210,000 Total: $1,792,017 Amount available from Service District millage: $2,000,000 Surplus 207,983 * Surplus funds could be used to reduce rental rates to make the facility more affordable, resulting in better utilization. j DO d 9H Central Peninsula Indoor multi -Use Sports Facility Potential User Group Survey -the Central Peninsula Sports Facility seeks to serve the Kenai Peninsula Borough and the State of Alaska as a premier, multi -purpose facility; offering a diverse blend of recreational wellness opportunities, academic, cultural and entertainment activities and events that meet the interests of these populations. We are conducting a study on the feasibility of constructing and operating such a facility. Your input is essential to ensure we consider all possible uses and needs in this study! Please take a few minutes and complete the survey below. We are not asking for formal commitments at this time, only your interest and need for such a facility- While we recognize your potential use will be affected by rental and user fee rates, please complete the survey as a "best case scenario" of your interest, use and need for facilities. Name of User Key Contacts: Phone: ___-..-__. _.—_ Phone: -- Mailing Address: Mailing Address: State your interest in an Indoor facility: (for example; we are a nonprofit soccer club and need an indoor facility) Time frames (months) for potential use: Central Peninsula Indoor Multi -Use Sports facility ;'. If<�. Potential User Group Survey, page 2 Hours per week This l of day Interest and ability to use the facility during non -prime time hours: {before Sam or after 9 pm Facilities Desired This section of the survey will help us plan for all possible uses. Soccer field ❑ Full Field Half Field E] 1/3 Field Baseball ❑ Full Field ❑ Half Field Other Softball ❑ Full Field [] Half Field Other- - Basketball ❑ ----.- -- - Exercise/Weight Room O --- ---- --.-- -------.--- Football ❑ Full Field ❑ Half Field ❑ 1/3 Field Running Track ❑ length required - Number of lanes ---- Track & field Facilities p ---.-- .--- - ----- Volleyball: ❑ Wrestling: — --- Golf: Q--_.--- — - Walking:El---------- ---- Locker Rooms: ❑ _ __ Showers: ❑----.---.-- - Central Peninsula Indoor Multi -Use Sports Facility I Potential User Group Survey, page 3 Exhibitions, Shows, Events Facility: Identify any special needs or equiprnent:-.------...— Will you hold competitive events in the facility? Yes ❑ Yes F1 No If so, how many spectators will the event attract? Will your group require storage space? Yes ❑ No How much storage space is required?--- - -- Thank you for your interest and help with the feasibility Study! Please return the completed survey form to: Katherine S. Gensel —SPa11Lf mcIIt—VO'-!-no P CENTRAL PENINSULA MULTI -USE FACILITY USER GROUP INDEX User Category Organization _ Season of Use Times of Use Comments Name Youth Baseball Soldotna Little Winter Early 5-9p M-F. Total 20 League Spring hrs /wk Youth Baseball Yenai Little League Feb thru June 5-9p M-F. Total 2- 6 firs /wk Youth Baseball Melissa Daugherty ____ Sept thru May M-Sa 4 times each (Private Baseball week total 16 1 - . _-.------- Club) --__ _. hrs/wk ------- -- Spring -Fall - After school --------- Youth Football Pop Warner League weekends Total 14 hours/wk Youth Soccer Boys & Girls Clubs April/May M-Sa Total 6-10 Usage Pending hrs/wk Dome Fees MS Soccer& Track Homer Middle March/ April 3 30-6p Total 2.5 School _ -_-._ _ hrs/wk MS Soccer& Track Kenai Middle Sept/Oct 2:30-4p Total School April/May 10hrsjwk M/HS Soccer& Cook Inlet Aug -October 3-Sp total 10 Track Academy_ Mar -May hrs/wk _ M/HS Soccer& Nikiski M/HS March/ April 4-8p M-F Total 4 Track hrs/wk HS Soccer _ KCHS Varsity Girls _ _ _ March thru May 6-7a, 2:30-5:00p _ Possible Sat Use Soccer M-F. HS Multi Homer HS March/ April _ M-Sa Total 4-8 hrs/wk HS Multi Kenai Central HS Aug -May 2:30-7p M-F Periodic Breaks of HS Multi Skyview HIS Aug -May 2:30-7p M-F Total Periodic Breaks of HS Multi 5oldmoa ITS Oct 10 hrs/wk 3 8p M-F Total 10- Use Periodic Breaks of March/ April 15 hrs/wk Use HS Softball Homer Mariner November to May Early Afternoons Softball Total 3-6 hrs/mo HS Baseball Seth Baseball _ Feb -May 3-8p MIT Total 10 hrs/wk W Central Peninsula MW8-Use Facility Activity Schedule Typical M - F Jan Time Track I Main Field I Sub Field f I Sub Field 2 I Sub Field 3 I Court i I Court 2 I Batting 4 I Batting 2 I Activity Ant' 600-700 700-Roe Roe-900 1000-1100 1100-1200 1300-1400 1500-1600 1 2000-2100 1 2300-2400 USER GROUP KEY Public Running Track open for public use. Specialty sessions for Seniors, Walkers etc; Moms & Tots Ongoing recreational program offered to parents with young children. Adult House leagues instructional sessions and league game play for adults Public Net Pick up basketball, badminton, volley ball sessions designed for targeted age groups p7 �. Youth Soccer ,,'1. c "`; Youth soccer practice and games Youth Baseball Youth baseball practice and conditioning Open to Rental Available times for community members to rent for their own Dome experience KEY: Field equipment setup/takedown Closed I Q Central Peninsula Multi -Use Paallity Activity Schedule Typical Sat -!an Time Track Main Field Sub Field 1 §ub Field 2 §ub Field 3 Court 1 Court Z Batting i Golf 1 Activity Rrn 600-700 700-800 800-900 900 1000 1000-1100 1100-1200 1200-1300 1300-1400 1400-1500 1500-1600 1600-1700 1700-1800 1800-1900 1900-2000 - 2000-2100 2100-2200 2200-2300 2300-2400 USER GROUP KEY: Public Running Track open for public use. Specialty sessions for Seniors, Walkers etc; Moms & Tots Ongoing recreational program offered to parents with young children. Adult House Leagues Instructional sessions and league game play for adults Public Net Pick up basketball, badminton, volley ball sessions designed for targeted age groups Youth Soccer , Youth soccer practice and games Youth Baseball Youth baseball practice and conditioning Open For Rent Available times for community members to rent for their own Dome experience OPERATIONS KEY: Conversion Closed. - .'. Field equipment setup/takedown Closed Central Peninsula Multi -Use Facility Activity Schedule Typical M- F Feb Time Track Main Field Sub Field 1 Sub Field 2 Sub Field 3 Court 1 Court 2 Batting 1 Batting 2 Activity Rm 600-700 700-800 800-90D 900-1000 1000-1100 1100-1200 1200-1300 1300-1400 1400-1500 1500-1600 Sfi00-1700 1700-180D 1800-1900 1900-2000 2000-2100 2100-2200 2200-2300 2300-2400 USER GROUP KEY: Public Running Track open for public use. Specialty sessions for Seniors, Walkers etc; Moms & Tots Ongoing recreational program offered to parents with young children. Adult House Leagues Instructional sessions and league game play for adults Public Net Pick up basketball, badminton, volley ball sessions designed for targeted age groups Youth Soccer ? Youth soccer practice and games Lacrosse Lacrosse league practice and games Youth Baseball Youth baseball practice and conditioning Open For Rental Available times for community members to rent for their own Dome experience OPERATIONS KEY: Conversion Field equipment setup/takedown Closed Closed C central Peninsula Multi -Use Facility Activity Schedule Typical Sat -February Time Track Main Field Sub Field 1 Sub Field 2 I Sub field 3) Court i Court2 ' Batting 1 ' Batting 2 ' Activity Run 600-700 700-800 800-900 1000-1100 1100 -1200 1200-1300 1800-1900 1900-2000 USER GROUP KEY: Public Running Moms & Tots Adult House Leagues 'Public Basketball '.Youth Soccer Baseball for Rental aTIONS KEY: Track open for public use. Specialty sessions for Senoirs, Walkers etc; Ongoing recreational program offered to parents with young children. Instructional sessions and league game play for adults Pick up basketball, badminton, volley ball sessions designed for targeted age groups Youth soccer practice and games Lacrosse league practice and games Youth baseball practice and conditioning Available times for community members to rent for their own Dome experience I va Central Peninsula Mull!UseFacility Activity Schedule Typical F 3/1-5115 Track Main Field Sub Field 1 Sub Field 2 Sub Field 3 Court 1 Court 2 Ratting 1 Batting 2 Activity Rm 600-700 700-800 800-900 900 1000 '1000-liar) 1100-1200 1200-1300 1300-1400 1400 1500 1500-1600 1600-1700 1700-1800 1800'1900 1900-2000 2000.2100 2100 2200 2200 2300 2306-2400 USER GROUP KEY: HS/MS Track High School and Middle School track practice HSIMS Soccer High School and Middle School soccer practice and games Public Running Track open for public use. Specialty sessions for Senoirs, Walkers etc; Moms & Tots Ongoing recreational program offered to parents with young children. Adult House Leagues - "-. _ ` Instructional sessions and league game play for adults Public Net Pick up basketball, badminton, volley ball sessions designed for targeted age groups Youth Soccer°i Youth soccer practice and games Youth Football Pop Warner Football Lacrosse lacrosse League games and practices Youth Baseball Youth baseball practice and conditioning Open to Rental Available times for community members to rent for their own Dome experience OPERATIONS KEY: Conversion Field equipment setup/takedown ! (30N'� Q0 0 central Peninsula Multi -Use fadlity Activity Schedule Typical Sat 311-S/1S Time Track Main Field Sub Field 1 Sub Field 2 Sub Field 3 Court 1 Court 2 Batting 1 Batting 2 Activity Rio 600-700 700-800 800-900 900-1000 1000-1100 1100-1200 200-1300 1300-1400 1400-1500 1500-1600 1600-1700 1700-1800 1800-1900 1900-2000 2000-2100 2100-2200 2200-2300 2300-2400 USER GROUP KEY: HS/MS Track High School and Middle School track practice HS/MS Soccer - . High School and Middle School soccer practice and games Public Running Track open for public use. Specialty sessions for Seniors, Walkers etc; Moms & Tots Ongoing recreational program offered to parents with Young children. Adult House Leagues Insin uctional sessions and league game play for adults Public Net Pick up basketball, badminton, volley ball sessions designed for targeted age groups Youth Soccer - Youth soccer practice and games Youth Football Pop Warner Football Youth Baseball Youth baseball practice and conditioning Open to Rent Available times for community members to rent for their own Dome experience OPERATIONS KEY: Conversion Closed - Field equipment setup/takedown - am Closed I Time_ I Track -1200 Central Peninsula Multi -Use Fadlity Activity Schedule Typical M-F June -Aug Main Field I Sub Field 1 I Sub Field 2 1 Sub Field 3 .Court 1 I Court P I Batting 2 Golf A Actmty Rut USER GROUP KEY: Public Running Track open for public use. Specialty sessions for Seniors, Walkers etc; Moms & Tots Ongoing recreational program offered to parents with young children. Public Net Pick up basketball, badminton, volley ball sessions designed for targeted age groups Youth Camp Summer day camp for children of various age groups. - Instructional Camps , Skills clinics offered for basketball, football, soccer, conditioning etc; Open to Rental Available times for community members to rent for their own Dome experience I 5� OPERATIONS KEY: go g, Conversion Field equipment setup takedown - a Closed Closed W O 1 0 Central Peninsula Multi -Use Facility Activity Schedule Typical M-F SePt Time Track Main Field Sub Field 1 Sub Field 2 Sub Field 3 Court 1 Court 2 Ratting i (iolf 1 Activity Run 600-700 700-800 800-900 900-1000 .110'0-1200-1300-1400-1500-1600 t 1600-1700 1700-1800 1800-1900 1900-2000 2000-2100 c Z100-220U 2200 2300 2300-2400 USER GROUP KEY: HS Football HS football practice HS/MS Coed Soccer Coed soccer practices and games Public Running Track open for public use. Specialty sessions for Seniors, Walkers etc; Moms & Tots Ongoing recreational program offered to parents with young children. Public Net Pick up basketball, badminton, volley ball sessions designed for targeted age groups Adult House Leagues ` Instructional sessions and league game play for adults Youth Football Youth football Open to Rental Available times for community members to rent for their own Dome experience OPERATIONS KEY Conversion ti� Field equipment setup/takedown . Closed Closed s.: t W O N �s AS Time 600-700 700-800 800-900 900-1000 1000-1100 1100-1200 1200-1300 1300-1400 1400-SS00 1500-1h00 16001700 1700-1800 1800-1900 Central Peninsula Multi -Use Facility Activity schedule Typical M-F Oct - Dec Track I Main Field I Sub Field 1, I Sub Field 2 I Sub Field 3 I count I Court2 I Batting i I Batting 2 I Activity Rm I USER GROUP KEY: (Public Running Track open for public use. Specialty sessions for Seniors, Walkers etc; Moms & Tots Ongoing recreational program offered to parents with young children. Adult House Leagues Instructional sessions and league game play for adults Public Net Pick up basketball, badminton, volley ball sessions designed for targeted age groups Youth Soccer `n Youth soccer practice and games Youth Baseball Youth baseball practice and conditioning Open to Rental Available times for community members to rent for their own Dome experience KEY: s Field equipment setup/takedown Closed CITE' OF KENAI PLANNING &c ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 24, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences e Phil Bryson *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. *.tune 10, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) 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 1412.010 to provide that communications towers/antennas are a conditional use in the CMU zone. o PZ09-03 Substitute - 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 RR and 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 1.4.25.040(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. e PZ09-19 Substitute —A resolution of the Planning and Zoning Cormission of the City -303- Agenda June 24, 2009 Page 2 of Kenai, Alaska, recommending to the Council that the following sections of Kenai Municipal Code be amended: 1) KMC 14.25.040(b) by requiring screening 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 developments may be required to provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply for variances. c. PZ09-34 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the council that the Land Use Table in KMC 14.22.010 be amended to: 1) Change the uses of some personal services, restaurants, dormitoriesiboarding 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) add language to Footnote 25 to clarify that tattoo parlors are personal services; and; 4) require tattoo parlors, massage therapists, dry cleaners and self- service laundries to have a Conditional Use Permit in the Limited Commercial zone (LC). d. PZ09-35 —A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.20.050 be amended by adding a provision to allow legally non -conforming uses to expand. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PEN -DING ITEMS: a. PZ09-18 — A resolution of the Plamung & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. COMMISSION COMMENTS & QUESTI0NS: 13. ADJOURNMENT: -304- CITY OF KENAI PLANNING & ZONING COMMISSION JUNE 24, 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: Commissioners present: J. Twait, K. Rogers, J. Brockman, K. Koester Commissioners absent: P. Bryson, S. Romain, R. Wells (all excused) Staff/Council Liaison present: City Planner M. Kebschull, Assistant to City Planner N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall 1-b. Agenda Approval Twait read the following changes to the agenda: ADD TO: 1-d. Excused Absences • Scott Romain • R. Wells 5-a. PICA -- The Wireless Infrastructure Association Commissioner Rogers MOVED to approve the agenda with the additions and Commissioner Brockman SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Brockman MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences • Phil Bryson Approved by consent agenda. -305- "All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- June 10, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a-1. 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, 5-a-2: PZ09-03 Substitute - 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 RR and CMU zone. City Planner Kebschull reviewed the staff report included in the packet, noting the Commission had worked on the resolution in precious work sessions. Ttwait read the rules for public hearing and opened the meeting to public hearing Jason Olson, AT&T Representative -- Spoke regarding the wireless infrastructure, noting he was opposed to the lot line setback and the height Iimitations of the resolution. Kristine Schmidt, 513 Ash Avenue -- Spoke in support of passing the resolution, noting she thought it was a good compromise. There being no further comments, the public hearing was closed PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 2 -306- Commissioner Brockman MOVED to adopt Substitute Resolution No. PZ09-03 and Commissioner Koester SECONDED the motion. Commissioner Brockman MOVED to amend Substitute Resolution No. PZ09-03 as follows: • Page 1 of 8, a3 and a7 -- change county's to city's • Page 1 of 8, b2 -- change direction to directional • Page 2 of 8, 2 -- change condition to conditional • Page 2 of 8, 2 -- change 14.10.280 to 14.20.280 ® Page 4 of 8, J -- change cell phone to service in both places Commissioner Koester SECONDED the motion. Tww j Brockman YES YES Bryson j EXCUSED _I Rogers LYES Koester YES I Romain IEXCUSED Wells EXCUSED i I MOTION TO ,y y Commissioner Rogers MOVED to postpone PZ09-03 no time certain and Commissioner Brockman SECONDED the motion, There was no discussion. Twait YES B- srs on i EXCUSED Rogers YES Brockman YES Koester YES Romain EXCUSED �W IEXCUSED 5-b-1. 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 24, 2009 PAGE 3 -307- 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. 5-b-2. PZ09-19 Substitute -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 be amended: 1) KMC 14.25.040(b) by requiring screening 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 developments may be required to provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply for variances. Kebschull reviewed the staff report, noting the Commission had worked on the resolution in previous work sessions and the intent of the code was to maintain natural screening if possible. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash avenue -- Spoke in support of the substitute resolution. There being no further comments, the public hearing was closed. MOTION: Commissioner Koester MOVED to approve Substitute Resolution No. PZ09-19 and Commissioner Brockman SECONDED the motion. MOTION TO AMEND: Commissioner Koester MOVED to amend the resolution as follows: • Page 1 of 3, 2a -- Add "and/or" after trees Commissioner Brookman SECONDED the motion. VOTE ON AMENDMENT: Twait YES BrySori EXCUSED Rogers I YES Brockman. YES Koester YES Romain !EXCUSED Wells EXCUSED _ Twait YES Bryson EXCUSED Ro crs YES PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 4 5-e. PZ09-34 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the council that the Land Use Table in KMC 14.22.010 be amended to: I) Change the uses of some personal services, restaurants, dormitories/boarding houses and greenhouses/tree nurseries from Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial zone (LC); 2) change mobile home parks from Conditional Use (C) to Not Permitted (N) in the Limited Commercial zone (LC); 3) add language to Footnote 25 to clarify that tattoo parlors are personal services; and; 4) require tattoo parlors, massage therapists, dry cleaners and self-service laundries to have a Conditional Use Permit in the Limited Commercial zone (LC). Kebschull reviewed the staff report, noting the City Council requested the Commission remove the THS zone and auto repair section of the resolution. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Asir Avenue -- Spoke in support of moving fitness centers to conditional use rather than permitted. There being no further comments, the public hearing was closed. I&cell 0CON p Commissioner Koester MOVED to adopt PZ09-34 and Commissioner Brockman SECONDED the motion. VOTE: Twait YES Bryson ) EXCUSED Rogers YES YES Koester YES Remain IEXCUSER �Braokman Wells EXCUSED I i LOTION PASSED UNANIMOUSLY. 5-d. PZ09-35 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.20.050 be amended by adding a provision to allow legally non -conforming uses to expand. Kebschull reviewed the staff report, noting this was another issue the City Council requested be separated from the Limited Commercial amendments. PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 5 -309- Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue -- Spoke in support of the resolution. There being no further comments, the public hearing was closed. Commissioner Koester MOVED to approve PZ09-35 and Commissioner Brookman SECONDED the motion. Twait YES Bryson IEXCUSED Rogers YES Brockman i YES Koester , YES Ramain ;EXCUSED Wells _ i EXCUSED MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS -- None ITEM 7t NEW BUSINESS -- None ITEM 8: PENDING ITEMS 8-a. PZ09-18 - A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. ITEM 9• REPORTS 9-a. City Council -- Council Member Molloy reviewed the action agenda items of the June 17, 2009 City Council meeting and thanked the staff for the binder on wind turbines. 9-c. Administration -- Kebschull noted two issues in the Borough Planning agenda pertained to Kenai, and she met with the MAPS representatives and would schedule a work session on the MAPS Special Zone for a future meeting. ITEM 11: INFORMATION ITEMS -- None PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 6 -310- ITEM 12: COMMISSION COMMENTS & QUESTIONS -- None ITEM 13: ADJOURNMENT Commissioner Koester MOVED to adjourn and Commissioner Srookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at apprwdmately 8:17 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JUNE 24, 2009 PAGE 7 -311- ADVISORY CEMETERY COMMITTEE JUNE 18, 2009 CITY COUNCIL CHAMBERS 7:UQ P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- May 21, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Design Update ITEM 6 a. Discussion -- Columbarium ITEM 7: REPORT a. Committee Chair b. Director C. City Council Liaison ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Meeting Action Agendas for May 20 and June 3, 2009, b. Email from City Planner Kebschull regarding Conditional Use Permits for Cemeteries ITEM II: ADJOURNMENT -312- ADVISORY CEMETERY COMMITTEE .TUNE 18, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR JUDY BUFFINGTON, PRESIDING MEETING SUMMARY Vice Chair Buffington called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Members present: J. Buffington, K. Mohn, B. Harrison Members absent: B. Elder Staff/Liaison Present: Parks & Recreation Director B. Frates and Council Member B. Eldridge A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Member Mohn MOVED to approve the agenda as presented and Member Harrison SECONDED the motion. There were no objections. SO ORDERED, ITEM 3: APPROVAL OF MEETING SUMMARY -- May 21, 2009 R[ [0wlli) A Member Mohn MOVED to approve the May 21, 2009 meeting summary as presented and Member Harrison SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: OLD BUSINESS 5-a. Discussion -- Design Update The Committee was advised, property owners within 300 feet of the proposed cemetery expansion project were sent notices, including Advisory Cemetery Committee meeting dates, as well as city website and contact information. It was also noted, a local architect and landscape architect were interested in performing the design work for the city. The Committee reviewed the proposed scope of services for the project. -313- Member Harrison MOVED to recommend the presented scope of services be approved. Member Mohn SECONDED the motion. There were no objections. SO ORDERED. 6-a. Discussion -- Columbarium Discussion took place with regard to treating the proposed cemeteiT expansion as an extension of the existing cemetery and should consider placing a columbarium at the existing cemetery instead of the new cemetery area. Statistical data was reviewed and it was projected the current cemetery had a ten-year life span. Committee comments included, the space taken by a columbarium would be gained by the niches available. Member Mohn MOVED to recommend the Parks & Recreation Commission explore the possibility of placing a columbarium in the existing cemetery. Member Harrison SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7-a. Committee Chair -- No report. 7-b. Director -- Director Frates reported the next step beyond the design phase would be to move toward a program phase, i.e. examining costs, policy governing use of niches, maintenance fees association with upright headstones, etc. 7-c. City Council Liaison -- Council Member Eldridge reviewed the council meeting action agendas included in the packet and noted some budget issues. ITEM 8: COMMITTEE MEMBER COMMENTS AND QUESTIONS Mohn -- Requested another meeting day for the committee meetings (no comments from other committee members was received). ITEM 9: PERSONS NOT SCHEDULED TO BE BEARD -- None. ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for May 20 and June 3, 2009, 10-b. Email from City Planner Kebschull regarding Conditional Use Permits for Cemeteries. ITEM 11: ADVISORY CEMETERY COMMITTEE MEETING JUNE 18, 2009 PAGE 2 -314- Member Mohn MOVED for adjournment and Member Harrison SECONDED the motion. There were no objections. SO OPDERED. There being no further business before the Committee, the meeting was adjourned at approximately 7:50 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk ADVISORY CEMETERY COMMITTEE MEETING JUNE 18. 2009 PAGE 3 -315- Kenai Visitors & Convention Bureau, Inc Regular Board Meeting — April 27, 2009 KCVB Board President Steckel Presiding MINUTES CALL TO ORDER A. Call to Order and Roll Call at 5:30 pm. Present: Directors West, Malston, Steckel, Brower, Braun, Nelson Also present: Councilman Smalley, liaison from City of Kenai and Natasha Ala, KCVB, Executive Director Excused Absence: Directors Ortiz and Anderson B. APPROVAL OF AGENDA Approved as presented C. APPROVAL OF MINUTES No March minutes to approve. D. PERSON PRESENT SCHEDULED TO BE HEARD None E. FINANCIAL REPORT 1. Board reviewed the Financial Report and unanimously accepted the report as submitted 2. Budget Scenarios and Options — With the significant decrease in Bingo revenue, the Board discussed options for maintaining the financial solvency of the organization. EIiminating the health insurance policy for employees was seen as the regrettable measure that would have to be taken to balance the budget. F. UNFINISHED BUISNESS 1. Gala Recap — Board was pleased with the success of the opening reception and the high number of people attending. 2. Kitchen Remodel —The City of Kenai is moving forward with plans to remodel the kitchen. Contractors have been in the building and measuring and planning for the remodel. No word on when the remodel will begin. 3. E.D. Evaluation — The executive committee met and conducted a performance evaluation on Natasha Ala, Executive Director for the KCVB. The board met in executive session to discuss the evaluation and agreed with the determination that Ala should receive a favorable evaluation for her work done on behalf of the organization over the past year. G. NEW BUISNESS -316- 1. KVCC Storage Space — Ala informed the Board that it was necessary to bring in a Conex trailer to provide quick storage for the many large storage cases and other items that needed to be removed from the building in order to reopen and install the exhibit "Reflections on Alaska Statehood". H. REPORTS 1. Executive Director - Ala informed the Board of Council Member Boyles proposal to build a storage annex behind the Center with help from the Work Force Development Center. Ala shared with the Board that plans are moving forward to create a 2010 Kenai. Rec Guide and we are hopeful that the City of Kenai will fund the Guide at a higher level the last year. I. BOARD COMMENTS J. ADJOURNED — 7:30 PM -317- IT,kTml PURCHASE ORDERS BETWEEN $2,600.00 AND $16,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: JULY 1, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT INDUSTRIAL INSTRUMENT NEW COMPUTER SET UP W WTP PROFESSIONAL SERVICES 3,000.00 PAVILION SLAB & BLOCK END CARMODY MASONRY WALLS PARKS IMPROVEMENTS 9,800.00 LNCURTIS TURNOUTGEAR FIRE SMALLTOOLS 3,550.00 DIJULIO DISPLAYS WINTER POLE DECORATIONS BEAUTIFICATION SMALL TOOLS 3,000.00 DIGITAL PAYMENT TECHNOLOGIES RADIUM PARKING SYSTEM TERMINAL IMPROVEMENTS 12,326.25 ENCLOSED TRAILER FOR CAMERA W HUTCHINGS CHEVROLET EQUIPMENT SEWER SMALL TOOLS 2,800.00 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 July 1, 2009. 1. 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. a. Ordinance No. 2347-2008 (Substitute A/Molloy) -- 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. b. Ordinance No. 2347-2008 (Substitute B/Koch) -- 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. 2. 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. 3. 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. a. Ordinance No. 2394-2009 (Substitute) -- Increasing Estimated Revenues and Appropriations by $107,983 in the Airport Fund and by $4,319,316 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. 4. Ordinance No. 2403-2009 (formerly Substitute C) -- Amending the Land Use Table in KMC 14.22.010 to: 1) Change the Uses of Some Personal Services, Restaurants, Dormitories/Boarding Houses and Greenhouses/Tree Nurseries From Principal Permitted Uses (P) to Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in the Limited Commercial Zone (LC); 3) Change Automotive Repair From Not Permitted (N) to Conditional Use (C) in the Limited Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 5) Require Tattoo Parlors and Massage Therapists to Have a Conditional Use Permit in the Townsite Historic Zoning District (TSH) and Tattoo Parlors, Massage Therapists, Dry Cleaners and Self -Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). a. Ordinance No. 2403-2009 (Substitute) -- 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) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 4) Require Tattoo Parlors, Massage Therapists, Dry Cleaners and Self -Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). 5. 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. 6. Resolution No. 2009-32 -- Encouraging and Supporting the Efforts of All Involved Oil Industry Businesses and Agencies to Develop a Safe Plan to Allow Continued Production at the Oil Industry Facilities on the West Side of Cook Inlet. 7. Resolution No. 2009-33 -- Expressing Appreciation to State of Alaska Senator Tom Wagoner, Speaker Mike Chenault and Representative Kurt Olson for Their Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. 8. Resolution No. 2009-34 -- Expressing Appreciation to Governor Sarah Palin for Her Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 261r Legislative Session, 9. Resolution No. 2009-35 -- Awarding the Bid to Peninsula Pumping, Inc. for Portable Restrooms Rental--2009 for the Total Amount of $21,330.00 10. Resolution No. 2009-36 -- Authorizing Kenai Hangar, LLC be Granted the Contractual Right for a 20-Year Lease Renewal for a 35-Year Lease on Lot 11, Block 1, F.B.O. Subdivision and a Portion of Lot 10, Block 1, F.B.O. Subdivision, Designated as Lot 11A According to Preliminary Plat. 11. Resolution No. 2009-37 -- Requesting the State of Alaska Amend the Alaska Statutes to Expand and Broaden Regulation of Smoking in Places of Employment. 12, Resolution No. 2009-38 -- Authorizing the City Manager to Enter Into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. 13. Resolution No. 2009-39 -- Authorizing the City Manager to Enter Into a Fuel Dispensing Concession Agreement for the Kenai Municipal Dock. 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, tth"e� Council prior to adoption without further public notice. Carol L. Freas, Kenai City Clerk Posted: June 26, 2009 CITY OF KENAI ADOPTED JULY 1, a► COUNCIL NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at its regular meeting of July 1, 2009. 1. Ordinance No. 2347-2008 (Substitute A/Molloy) -- 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. 2. 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. 3. Ordinance No. 2394-2009 (Substitute) -- Increasing Estimated Revenues and Appropriations by $107,983 in the Airport Fund and by $4,319,316 in the Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. 4. Ordinance No. 2403-2009 (Substitute) -- 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) Add Language to Footnote 25 to Clarify that Tattoo Parlors are Personal Services; and, 4) Require Tattoo Parlors, Massage Therapists, Dry Cleaners and Self -Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). 5. 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. 6. Resolution No. 2009-32 -- Encouraging and Supporting the Efforts of All Involved Oil Industry Businesses and Agencies to Develop a Safe Plan to Allow Continued Production at the Oil Industry Facilities on the West Side of Cook Inlet. 7. Resolution No. 2009-33 -- Expressing Appreciation to State of Alaska Senator Tom Wagoner, Speaker Mike Chenault and Representative Kurt Olson for Their Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. Adopted Ordinances/Resolutions July 1, 2009 Council Meeting Page 2 of 2 Resolution No. 2009-34 -- Expressing Appreciation to Governor Sarah Palin for Her Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. Resolution No. 2009-35 -- Awarding the Bid to Peninsula Pumping, Inc. for Portable Restrooms Rental--2009 for the Total Amount of $21,330.00 10. Resolution No. 2009-36 -- Authorizing Kenai Hangar, LLC be Granted the Contractual Right for a 20-Year Lease Renewal for a 35-Year Lease on Lot 11, Block 1, F.B.O. Subdivision and a Portion of Lot 10, Block 1, F.B.O. Subdivision, Designated as Lot 1 IA According to Preliminary Plat. 11. Resolution No. 2009-37 -- Requesting the State of Alaska Amend the Alaska Statutes to Expand and Broaden Regulation of Smoking in Places of Employment. 12. Resolution No. 2009-38 -- Authorizing the City Manager to Enter Into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. 13. Resolution No. 2009-39 -- Authorizing the City Manager to Enter Into a Fuel Dispensing Concession Agreement for the Kenai Municipal Dock. 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. lan yn, $11 69-68- 3 - 210 land (i), $77,460 69-68-73 — 210 lvlk (11, $11,460 67-70-73 — 210 KENAI CITY COUNCIL —REGULAR MEETING f` -�- JULY 1, 2009 1),$11,460 66-71-73 — 210 a,=. 7:00 P.M. "1H° (1), $10,980 69-66-78 — 213 KENAI CITY COUNCIL CHAMBERS flay (1), $10,960 69-68-76 — 213 htto://www.ci.kenai.ak.us (1), $10,980 70-67-76 — 213 ITEMS: SCHEDULED PUBLIC COMMENTS (10 minutes) D (1), $10,980 68-69-76 — 213 ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per ales (5), Loudon, N.H. speaker. TPena Lap length: 1.058 miles 1. Ordinance No. 2347-2008 — Repealing the Existing KMC 1.15.040 Montero. (Start position in parentheses) and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication rzer 5-5. 1. (24) Joey Logano, Toyota, 273 of the Agenda and Replacing Them with a New Section KMC 1.15.040 eta (12), laps, 84.8 rating,. 190 points, Entitled, Agenda and Packet - Development-Prepamtion-Distribution- $276,201. 2.(2) Jeff Gordon, Chevrolet, 273, Publication -Late Materials. r 0 130.9, 175, $207,226. a. Ordinance No. 2347.2008 (Substitute A/Mollo Repealing Y) — 3. (4) Kurt Busch, Dodge, 273, 9 the Existing KMC 1.15.040 and KMC. 1,15.050(c) Regarding t0 1 a 123.2, 170, $146,675. Preparation, Distribution and Publication of the Agenda and D 1 0 4 (14) David Reutimann, Toyota, Replacing Them with a New Section KMC 1,15.040 Entitled, zo;Tom. 273, 94.1, 160, $146,423. Agenda and Packet - Development -Preparation -Distribution - ,.Wilson 5. (1) Tony Stewart, Chevrolet, Publication -Late Materials. lalamac- 273, 117.5, 160, $134,548. b. Ordinance No. 2347.2008 (Substitute BlKoch) -- Repealing L—Tom. 6. (36) Brad Keselowski, Chevro-. the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding I. HRs— let, 273, 67.9, 150, $100,350. Preparation, Distribution and Publication of the Agenda and 7. (9) Kyle Busch, Toyota, 273, f i. Replacing Them with a New Section KMC 1.15.040 Entitled, (26 a Homi73. Dodge, 2 8. (26) Sam Nor113, Agenda and Packet - Development-Preparation-Distribution- 93m 142, 10 t 4 Publication -Late Materials, 0 9. ( Johnson, C 9. (3) Jimmie Johnson, Chevrolet, 2. Ordinance No. 2365-2008 -- Amending KMC 1.80.010 by Increasing 2 5 0 273, 125, 148, $142,751. the Mayor's Salary From $900 to $1,000 Per Month and Council ies (6), 10. (13) Kasey Kenna, Dodge, Members' Salaries From $400 to $500 Per Month. (8) and 273, 100, 134, $126,B48. 3. Ordinance No. 2394-2009 -- Increasing Estimated Revenues and "eliciano 11. (21) Casey Mears, Chevrolet, Appropriations by $45,601 in the Airport Fund and by $1,820,000 in the rdriguez 273, 73.4, 130, $99,400. Runway Improvement Capital Project Fund for Additional Phases of the as. W— 12. (12) Juan Pablo Montoya, Airport Apron Pavement Rehabilitation Project. fez 5-3. Chevrolet, 273, 97.9, 132, $119,073. a. Ordinance No. 2394.2009 (Substitute) — Increasing Estimated 13.(20) Dale Earnhardt Jr., Chev- Revenues and Appropriations by $107,983 in the Airport Fund 0 rolet, 273, 98.4, 124, $97,950. and by $4,319,316 in the Runway Improvement Capital Project 14. (11) Mark Martin, Chevrolet, 0 Fund for Additional Phases of the Airport Apron Pavement 4 0 273, 98.7, 126, $90,000. 1 4 Rehabilitation Project. 15. (7) Denny Hamlin, Toyota, 4. Ordinance No. 2403-2009 (formerly, Substitute C) -- Amending the Sanchez 273, 79,123, $96,150, Land Use Table in KMC 14,22,010 to: 1) Change the Uses of Some i, Nerve- 16. (35) John Andretti, Chevrolet, Personal Services, Restaurants, Dormitories/Boarding Houses and mith 19) 273, 50.6, 115, $89,150. Greenhouses/Tree Nurseries From Principal Permitted Uses (P) to ski 1-0. 17. (27) Reed Sorenson, Dodge, Conditional Uses (C) in the Limited Commercial Zone (LC); 2) Change m Fran- 273, 73.5, 117, $117,476. Greg Ford, 273, fierholtz 78.9. Mobile Home Parks From Conditional Use (C) to Not Permitted (N) in , 1 075. the Limited Commercial Zone (LC); 3) Change Automotive Repair 19.3,)C Carl 19. (5) Carl Etlwards, Ford, 273, Edwards, From Not Permitted (N) to Conditional Use (C) in the Limited 82.8, 106, $125,131. Commercial Zone (LC); 4) Add Language to Footnote 25 to Clarify that 4-4) at 20. (16) Clint Bowyer, Chevrolet, Tattoo Parlors are Personal Services; and, 5) Require Tattoo Parlors 5 P.M. 273, 77.6, 103, $89,175. and Massage Therapists to Have a Conditional Use Permit in the Milwau- 21. (28) Bobby Laborde, Ford, Townsite Historic Zoning District (TSH) and Tattoo Parlors, Massage n. 273, 66.9, 105, $106,704. Therapists, Dry Cleaners and Self -Service Laundries to Have a Florida 22, (10) Matt Kenseth, Ford, 273, Conditional Use Permit in the Limited Commercial Zone (LC), 78.6, 97, $121,490, a. Ordinance No. 2403.2009 (Substitute) -- Amending the Land 7-2) at 23. (18) Marcos Ambrose, Toyota, 3), 4:15 273, Use Table in KMC 14.22.010 TO: 1) Change the Uses of Some 29) ch el Waltrip, 24. (53. Michael Waltrip, Toyota, personal Services, Restaurants, Dormitories/Boarding Houses San Di- 273, 53.7, and Greenhouses/Tree Nurseries From Principal Permitted Uses P y Gordon,0. Robby 25. (34) Robby GorToyota, (P) to Conditional Uses (C) in the Limited Commercial Zone at L.A. 272, 54.1, 93, $97,210. (LC); 2) Change Mobile Home Parks From Conditional Use (C) M. 26. (23) Elliott Sadler, Dodge, to Not Permitted (N) in the Limited Commercial Zone (LC); 3) as ADT 272, 51.2, 90, $85,650. Add Language to Footnote 25 to Clarify that Tattoo Parlors are (43) Regan Smith, Chevrolet, Personal Services; and, 4) Require Tattoo Parlors Massage ®27. 272, 45.6, 82, $77,325. Therapists, Dry Cleaners and Self -Service Laundries to Have'a 28. (32) David Stremme, Dodge, Conditional Use Permit in the Limited Commercial Zone (LC). ,,,.,.. 272, 55.4, 79, $109,515. s 301 29. Ryan Newman, Chevrolet, 5. Ordinance No. 2418-2009 -- Amending the Official Kenai Zoning Map 2747L1, 81; $104,3 , 7 by Rezoning a Portion of Lot 1 E Killen Estates Collier ReP lat from otor . (33) Paul Menard, Ford, 267, F.7, Suburban Residential to Rural Residential. 4273, $706,906, 6. Resolution No. 2009.32 -- Encouraging and Supporting the Efforts of All involved Oil Industry Businesses and Agencies to Develop a Safe Plan to Allow Continued Production at the Oil Industry Facilities on the ® 9 West Side of Cook Inlet 7. Resolution No. 2009.33 -- Expressing Appreciation to State of Alaska ®�! Senator Tom Wagoner, Speaker Mike Chenault and Representative J\1/ Kurt Olson for Their Efforts in Representing the City, of Kenai and the 7 BOth day of 2009. There are Citizens of the Kenai Peninsula During the 26th Legislative Session. 8. Resolution No. 2009-34 — Expressing Appreciation to Governor Sarah Palin for Her Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 2e Legislative Session. t state constitution was adopted, 9. Resolution No. 2009-35 — Awarding the Bid to Peninsula Pumping, rnor. Inc. for Portable Restrooms Rental-2009 for the Total Amount of $21,,330.00 t approved the Townshend Acts, 10. Resolution No. 2009-36 -- Authorizing Kenai Hangar, LLC be Granted pertain goods Shipped to America. the Contractual Right for a 20-Year Lease Renewal for a 35-Year Lease on Lot 11, Block 1, F.B.O. Subdivision and a Portion of Lot 10, pting Parliament in 1770 to repeal Block 1, F.B.O. Subdivision, Designated as Lot 11A According to .) Preliminary Plat. Iled Palestine arrested more than 11. Resolution No, 2009-37 -- Requesting the State of Alaska Amend the � out extremists. Alaska Statutes to Expand and Broaden Regulation of Smoking in ly Commission voted against Places of Employment. nheimer's access to classified 12. Resolution No`2009.38 -- Authorizing the City Manager to Enter Into 272 55.4, 79, $109,515, ��so„ 9301 29. (6) Ryan Newman Chevrolet, 270, 71.1, 81, $104,379. Am 30, (33) Paul Menard, Ford, 267, 42.7, 73, $106,906. History ;he 180th day of 2009. There are state constitution was adopted, rnor. .approved the Townshend Acts, ertain goods shipped to America. rting Parliament in 1770 to repeal Iled Palestine arrested more than out extremists. y Commission voted against 1heimer's access to classified turt unanimously struck down a exhibiting a French movie version :hatterley's Lover." led fuel storage facilities near the Id Haiphong, ad as Israel removed barricades sell sector, id a two -month military offensive ,led the death penalty as it was "cruel and unusual punishment." ,e their capital punishment laws.) aid the independent counsel law. urn died in Old Saybrook, Conn., iggest expansion in Medicare's tosed that the government help ,notion drugs. Some 10,000 fbia, demanding the resignation Abdullah Ocalan, leader of ed of treason and sentenced to imuted to life in prison.) ons helicopter crashed in Sierra tid workers and others on board. N meant to shield Web -surfing Randy Johnson of the Arizona pitcher to record 4,000 career o the San Diego Padres, 3-2). gtime ruler Robert Mugabe was term after a widely discredited Indidate. Two weeks away from me the youngest winner of the h a 2-under 71 at.Interlachen in 5pean Championship 1-0 over years. roducer Robert Evans is 79. 69. Actor. Gary Busey is 65. lor-turned-polftican-turned-radio ock musician Ian Pacee (Deep 56. Rock singer Colin Hay (Men life Alonso is 52. Actress Sharon )nohoe is 47. Rhythm-and-blues is 45. Actress Kathleen Wilhoite *ess Melora Hardin is 42. Rap Todd Sansom (Marshall Dyllon). 1 times in which a Genius. would of life, or the repose of a pacific ormed.... Great necessities call Its, American first lady (1744- Conditional Use Permit in the Limited Commercial Zone (LO) 5. 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. 6. Resolution No. 2009-32 - Encouraging and Supporting the Efforts of All Involved Oil Industry Businesses and Agencies to Develop a Safe Plan to Allow Continued Production at the Oil Industry Facilities on the West Side of Cook Inlet, 7. Resolution No. 2009-33 -- Expressing Appreciation to State of Alaska Senator Tom Wagoner, Speaker Mike Chenault and Representative Kurt Olson for Their Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26th Legislative Session. 8. Resolution No. 2009.34 -- Expressing Appreciation to Governor Sarah Palin for Her Efforts in Representing the City of Kenai and Citizens of the Kenai Peninsula During the 26" Legislative Session. 9. Resolution No. 2009.35 - Awarding the Bid to Peninsula Pumping, Inc, for Portable Restrooms Rental-2009 for the Total Amount of $21,330.00 10, Resolution No. 2009-36 -- Authorizing Kenai Hangar, LLC be Granted the Contractual Right for a 20-Year Lease Renewal for a 35-Year Lease on tot 11, Block 1, F.B.O. Subdivision and a Portion of Lot 10, Block 1, F.B.O. Subdivision, Designated as Lot 11A According to Preliminary Plat. 11, Resolution No. 2009.37 -- Requesting the State of Alaska Amend the Alaska Statutes to Expand and Broaden Regulation of Smoking in Places of Employment. 12, Resolution No. 2009-38 -- Authorizing the City Manager to Enter Into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport, 13. Resolution No. 200939 -- Authorizing the City Manager to Enter Into a Fuel Dispensing Concession Agreement for the Kenai Municipal Dock. ITEM G: UNFINISHED BUSINESS -- None ITEM H: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15000. 3, 'Ordinance No. 2419-2009 -- Increasing Estimated Revenues and Appropriations by $7,299.30 for the Acquisition of Property Foreclosed Upon by the Kenai Peninsula Borough for Unpaid Property Taxes to Be Retained for a Public Purpose by the City. 4. `Ordinance No. 2420.2009 -- Increasing Estimated Revenues and Appropriations by $30,000 for the Replacement of a Police Cruiser .Destroyed During Pursuit of a Suspect. 5. `Ordinance No. 2421-2009 -- Amending: 1) KMC 14.25.040(b) by Requiring Screening Between Residential and Commercial Uses; 2) KMC 14.26,045 by Providing That Property Adjacent to Residential Zones Should Provide Ingress and Egress to Route Traffic Away From Residential Streets and Providing that Some Developments May Be Required to Provide Frontal Roads; and, 3) KMC 14.25.070 by Providing a Mechanism to Apply for Variances. 6.. 'Ordinance No. 2422-2009 - Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non -Conforming Uses to Expand. 7. 'Ordinance No. 2423-2009 - Appropriating Fifteen Thousand Dollars to .Provide for Public Information of Ballot Proposition A, the Referendum Vote to Determine Whether or Not to Repeal Ordinance No. 2393-2009 that Amended the Official Kenai Zoning Map, 8. Approval -- Vacation of the 66-Foot Right -of -Way Easement (33 Feet Associated Utility Easements as Reserved in Original BLM Patent 1195867 and 1220887; Within Section 33, Township. 6 North, Range 11 West; Kenai Recording District; Seward Meridian, Alaska, Within the City of Kenai and the Kenai Peninsula Borough; KPB File 2009-073; KPBPC Resolution No. 2009-15; Location: City of Kenai. 3. Approval - Patent Rights -of -Way Vacation/Vacation of the South 33- Foot Patent Rights -of -Way in Government Lots 173 and 174; and Vacation of the East 33-Foot Patent Rights -of -Way in Government Lot 174 and 123, Excluding the Area That Will Underlie Fioatplane Road Dedication Proposed on Kenai Cemetery Expansion Plat; All Within Section 31, Township 6 North, Range 11 West, Section 6, Within Township 5 North, Range 11 West. Patent Easements Reserved in Patent Numbers 1227249, 1227251 and 1154765, Recorded in Book 22, Pages 37 and, 127 and Book 43, Page 168; Kenai Recording District; Seward Meridian, Alaska. 0. Approval - Rental Agreement/Chevron North America Exploration and Production Company -- Office Space/Alaska Regional Aircraft Fire Training Center. 1. Approval - City Attorney ContracUKrista Steams 2.. Discussion -- Salmon Task Force Findings/Proposed Natural ,esources Commission. 3. Discussion - Central Peninsula Mul i-Use Facility XECUTIVE SESSION -. Annual Evaluations of City Clerk and City lanager 'EM N: ADJOURNMENT ne public is invited to attend and participate. Additional information is railable through the City Clerk's office at 210 Fidalgo Avenue, or visit our ebsite at http://wwwcr.kenaiak.us. am] L. Frees, City Clerk D768/211