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2009-07-15 Council Packet
I COUNCIL MEETING DATE: 7/iS /P9 1 Mayor /Council Clerk Police Department Senior Center Library (2) Fire Department Attorney Cit Manner Finance Kebschull /Carver Ogle Airport Parks Recreation Schmidt Student Rep. Hall Binder Taylor /Floyd Christine Clarion Mellish AGENDA DISTRIBUTION MAKE 27 PACKETS COUNCIL PACKET DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or lbell @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. a. m u§ «ze =e 00/ ==m m E -J 0 0 CO 0 ƒ 0 0 0 d 0 0 m 0 K m 0 0 0 m E z -J w 0 °0 ,3 c 0 0 m 0 0 0 0 0 0 0 0 0 0 u co m E -J 0 0 CO 0 0 0 2 0 -J 0 I 11 S 1 1 7 NOSNHOU MOLLOY BOYLE PORTER SMALLEY MOORE L 3JaRia13 L ssouj E OEM EOM w cc 0 0 0) O0 00 c w J 0 CC w H 0 Cl_ w 0 0 w 0 0 Ec 0 J w 0) 0 0 0 J J 0 W J 0 0] o w 1— cc 0 d w J J w cc 0 0 0) W J 0 m Ix w cc 0 d w J Q N w 0 0 44 w J 0 07 cc w 0 d w 0 0 COUNCIL MEETING OF: ELDRIDGE ELDRIDGE ELDRIDGE ELDRIDGE TESTIMONY SIGN -IN SHEET JULY 15, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET REQUESTED BY: ADD TO: Item 5, Ordinance No. 2423 -2009 Kellie Kelso email transmission /testimony related to Ordinance No. 2423 -2009. CITY CLERK ADD AS: Item 5a, Substitute 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. Councilor Moore ADD AS: No changes. Item l la, Substitute Resolution No. 2009 -45 Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, "Kenai Municipal Wastewater Treatment Plant Upgrades, and Related Improvements" as the Number One Local ADEC Funding Priority for Fiscal Year 2011. ADMINISTRATION CONSENT AGENDA ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3, Agenda Approval 4. Consent Agenda 5. *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Trent Dodson, Cook Inlet Regional Citizens Advisory Council Overview /Update of Organization Activities 1 ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2419 2009 Increasing Estimated Revenues and Appropriations by S7,299.30 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 a. Substitute Ordinance No. 2419 2009 1) 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; and 2) Declaring Lots 12, 13, 14, 15, and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, Also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be Retained by the City of Kenai for a Public Purpose 2. Ordinance No. 2420 2009 Increasing Estimated Revenues and Appropriations by S30,000 for the Replacement of a Police Cruiser Destroyed During Pursuit of a Suspect 4 12 3. 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 13 4. Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non Conforming Uses to Expand 22 5 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 27 6. Resolution No. 2009 -40 Approving the Purchase of Three Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing 29 7. Resolution No. 2009 -41 Supporting the "Preserving the American Historical Records" Bill (H.R. 2256) 31 8. Resolution No. 2009 -42 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, Directing Items on Attachment A be Sold as Allowed in Kenai Municipal Code 7.15.060, and the Four -Story Fire Training Building Located at 400 Marathon Road May Be Sold by a Broker 37 9. Resolution No. 2009 -43 Awarding a Contract to Oshkosh Corporation for a Striker 3,000 Gallon Aircraft Rescue and Fire Fighting Vehicle for the Total Amount of $888,081 FOB Kenai 45 10. Resolution No. 2009 -44 Transferring $281,935 in the Wellhouse 4 Capital Project Fund for Additional Engineering Services 46 11. Resolution No. 2009 -45 Designating the State of Alaska, Department of environmental Conservation (ADEC) Grant Funds for the Project Entitled, "New Water Transmission Mains (Phase II), Well House, Wells, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2011 47 ITEM E: MINUTES 1. *Regular Meeting of July 1, 2009 49 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 76 2. Approval of Purchase Orders Exceeding $15,000 77 3. *Ordinance No. 2424 -2009 Increasing Estimated Revenues and Appropriations by $426.25 in the General Fund for the Police Department to Purchase a New Glock Duty Pistol From Asset Forfeiture funds Provided to the City of Kenai *Ordinance No. 2425 -2009 Enacting KMC 14.20.255 Establishing a Process for the Regulation 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 are a Conditional Use in the Rural Residential (RR) and Central Mixed Use (CMU) Zones 5. *Ordinance No. 2426 -2009 Increasing Estimated Revenues and Appropriations by $2,281.00 for a City Clerk Pay and Benefits Increase in Excess of Originally Budgeted Amount 6. Approval Amended Employment Agreement Between City of Kenai and Rick Koch 105 7. Discussion Airport Fuel Flowage Fee 112 8. Discussion Salary Adjustment /City Clerk ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 136 2. City Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council 78 80 104 125 128 ITEM L: 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 (10) 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.) EXECUTIVE SESSION Personnel Matter and Financial Matter of the City. ITEM M: ADJOURNMENT 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.) INFORMATION ITEMS JULY 15, 2009 Page No. 1. 7/15/2009 Purchase Orders Between 52,500 and 515,000 for council review 147 2. 7/6/09 PZ Resolutions Second Quarter 2009 Report 148 3. 7/8/09 R. Molloy memorandum related to Ordinance No. 2396 -2009 (litigation disclosure and litigation disclosure requests) 150 4. 6/28/09 G. Ford, Alaska Unocal Retirees Association thank -you letter 153 e graphic espunse £rtrategies_ Geographic Response Strategies (GRS) are oil spilt response plans tailored to protect a specific sensitive area from impacts following a spill, These map -based response plans show re- sponders where sensitive areas are located and where to place spill protection resources. GRS sites are selected by a workgroup often comprised of scientists, government represen- tatives, and area stakeholders. The work group bases each selection on the following criteria: ttltat, i'mpactt re ^p'; i1.. a at ai W'..it (A pnthtet: +0 <r rr ''s '?ilia Once GRS site selection is finalized the workgroup develops the appropriate strategy to protect the location. Of- ten, the strategy is ground tested by deploying spill response equipment and personnel as though an actual spill has occurred. For information and a detailed look at GRS maps visit: Witt N' t 9mt. ,;ar;a' ,-tic t ;n-j pe rp grs/hforne.htm Alaska OH Spill Permits Tool Alaska's current statewide oil spill response system invoive a com- plex assortment of permits, forms, and applications that must be prepared and filed during various phases of the re- sponse.The.Alaska'O l Spill Perrnits Tool was developed to Facilitate the process of identify- ing, filling :oiit, and filing with the right agency the farms and permits required to carry out an effective spilt response. Cook Inlet RCAC helped developed this tool through a cooperative work group process, in- cluding representatives of those state and fed- eral agencies whose permit corms are included in the tool, as well as representatives from the oil industry and oil spill response organizations. The tool includes approximately 50 permits, forms, and applica- tions. This set of forms represents the documents•most commonly required during oil spill response operations in Alaska Squired by the following agencies: FEDERAL Environmental Protection Agency National Marine Fisheries Service US Army Corps of Engineers US Coast Guard US Department of Transportation US Forest Service US Fish and Wildlife Service National Parks Service Minerals Management Service Bureau of Indian. Affairs Bureau of land Management STATE of ALASKA Department of Environmental Conservation Department of Fish and Game Department of Natural Resources Department of Transportation and Public: Facilities In addition to the permits required by federal and state agencies, the tool provides pertinent applications, forms, and information from several other agencies and organizations (described. In the orange section at right). To view the Alaska Oil Spill Permits Tool go to: http://www.dec.state.ak.usispar/perp/permits/ Provides applications for in situ burning and dispersant use. See also .w.ww:arrt,crg CC t217 L' TI'-lo71 'cr ia eco_s> He C L- .se dr c:r'n-o, cote Ek Hr h-alLh and s. _tte t^ Cook kd•t Regional Citizc ns Advisor, Council .vv.,.circac_org t C i Salt Marsh Mapping Salt marsh habitat dominates in many coastal areas of Cook Inlet, particularly on the west side. Cook Inlet RCAC is providing detailed habitat maps for major Cook Inlet salt marshes areas for which we have little current baseline information. We partnered with Kachemak Bay Research Reserve to collect data and to produced detailed habitat maps for: Legend Salt marsh Plant Community Open water Panne (bare mud or sparse veg) Low Marsh Puecineliia 'i Puminelha- Suaeda Sparse Puccinellia Triglochin- Puccinelllia Plantago'Puccinellia- Trigiochin Mtge High Marsh Piantage Puccinellia- Plantego eezie Carex Lengbyei Carex ramenskh Different plant communities dominate in lower elevations, compared with areas higher up in the intertidal zone. Thus, plants with the highest salt tolerances are found in the low marsh, and those with lower tolerances to salt are found in the higher areas of the marsh. Salt marsh habitat can be es pecially sensitive to spilled oil since plant roots and sedi- ments can... retain all and cleansing by tides is minimal. Clean -up <options are limited by logistics and response ac- tions can cause more damage to the habitat than leaving Cook Inlet aNR Regional Citizens Advisory Council www.circac.org R n Tidal creeks interweave across the marshes and mud fiats, further influencing the distribution of the various plants within the larger salt marsh. These tidal creeks fill with seawater during high tides and drain dur- ing low tides. The lowest tidal areas of salt marshes are mud flats composed of fine silts and clays. Mudflats can provide rich feeding areas for birds, marine invertebrates, and fish. Salt marshes are best mapped as polygon units which can s is ce bow total area app' .of a habitat.= T h hien ents ShoreZane da which pro- "des goo r eg ional summa ries of salt m ars h lo cation s represented as lines or p oints along tie s hore. tIl[ (1h'Of KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2419 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S7,299.30 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. WHEREAS, the administration has identified five (5) parcels of property foreclosed upon by the Kenai Peninsula Borough for unpaid property taxes that will serve a public purpose to the City; and, WHEREAS, the five (5) parcels are Lots 12 through 16, Block 3, East Addition, Townsite of Kenai; and, WHEREAS, in order to receive deed to the property, the City must pay the outstanding property taxes and interest to the Kenai Peninsula Borough; and, WHEREAS, the current balance for taxes and interest is $7,299.30 of which $4,723.88 relates to Kenai Peninsula Borough taxes and the remaining $2,575.42 is for City of Kenai taxes and interest; and, WHEREAS, prior to foreclosure, the Borough had recorded liens against the property related to judgments secured for underpayment of sales tax in the amount of $29,635.58; and, WHEREAS, foreclosure has nullified these liens making it doubtful the past due sales tax amount will ever be collected; and, WHEREAS, the administration has agreed to pay the Kenai Peninsula Borough 85,495.00, if still uncollected, should any of these parcels (parcels 04711308 thru 04711312) be deemed to no longer serve a public purpose and be sold by the City; and, WHEREAS, the amount of $5,495.00 represents the Borough's portion of sales tax secured by liens prior to foreclosure; and, WHEREAS, the property will be retained for a public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: New Text Underlined; (DELETED TEXT BRACKETEDI -4- Ordinance No. 2419 -2009 Page 2 of 2 General Fund: Increase Estimated Revenue Appropriation of Fund Balance Increase Appropriations Non departmental Land PAT PORTER, MAYOR 7,299.30 ATTEST: $7,299.30 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. Carol L. Freas, City Clerk Approved by Finance: Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: July 15, 2009 New Text Un.deriined; [DELETED TEXT BRACKETEDJ the city of RENAL ALASKA MEMO: Village with a Past, a with a Future 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 it r� Telephone: 907 283 -75351 FAX: 907 283 -3014 l l I l 1992 TO: City Council FROM: Rick Koch DATE: June 25, 2009 SUBJECT: Ordinance 2419 -2009, Acquisition of Five Foreclosed Properties The purpose of this correspondence is to recommend approval of Ordinance 2419 -2009. The properties are located within the City of Kenai municipal boundary The Kenai Peninsula Borough (KPB) has foreclosed on the properties for unpaid property taxes. The City is able to receive a deed to the properties by paying the outstanding taxes and interest totaling 7,299.30. Of this amount, 2,575.42 is for City of Kenai property taxes and interest, and will be returned to the City. The properties will be retained by the City for a public purpose. During the construction of the Kenai River Bluff Erosion Control Project the properties may be used as a contractor staging area, and subsequently could be used as a small municipal park, or for other public purposes. There appear to be renters in one or more of the structures located on these properties. I have discussed this with the City Attorney and it is administrations intent to provide more than legally required notice to any renters that the properties will be vacated After the renters have vacated the premises, any improvements will be disposed of through a public sale or demolished. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. elik Lots 12-16, Block 3 East Addition, Townsite of Kenai H 8 (2)' u) 11 12 13 4 15 1 910 0 602 600 —I MARINE AVE Subject 1 Parcels 613 6 609 \607 3 e05 2 W 7 5 4 co 0 D tr) 0 LL D 0 13 14 15 16 _JO) CO 0 Ln 612 612 PENINSULA AVE DEED 231©604 REMAINDE GOV'T. L June 24, 2009 thdy KENAI. ALASKA CITY OF KENAI ORDINANCE NO. 2419 -2009 SUBSTITUTE Suggested by: Administration AN ORDINANCE OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA: 1) 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; AND 2) DECLARING THAT LOTS 12, 13, 14, 15 AND 16, BLOCK 3, EAST ADDITION, TOWNSITE OF KENAI, KENAI, ALASKA, ALSO KNOWN AS 600, 602, 604, 606 AND 608 PENINSULA AVENUE, KENAI, ALASKA, WHOSE LAST RECORD OWNER UNDER BOROUGH ASSESSMENT RECORDS WAS THE FIRST BAPTIST CHURCH, 5432 E. NORTHERN LIGHTS BOULEVARD, #416, ANCHORAGE, ALASKA, SHALL BE RETAINED BY THE CITY OF KENAI FOR A PUBLIC PURPOSE. WHEREAS, the administration has identified five (5) parcels of property foreclosed upon by the Kenai Peninsula Borough for unpaid property taxes that will serve a public purpose to the City; and, WHEREAS, the five parcels are Lots 12 through 16, Block 3, East Addition, Townsite of Kenai, also known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska; and, WHEREAS, the last record owner of the property under Borough assessment records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska; and, WHEREAS, in order to receive deed to the property, the City must pay the outstanding property taxes and interest to the Kenai Peninsula Borough; and, WHEREAS, the current balance for taxes and interest is $7,299.30 of which $4,723.88 relates to Kenai Peninsula Borough taxes and the remaining S2,575.42 is for City of Kenai taxes and interest; and, WHEREAS; prior to foreclosure, the Borough had recorded liens against the property related to judgments secured for underpayment of sales tax in the amount of $29,635.58; and, WHEREAS, foreclosure has nullified these liens making it doubtful the past due sales tax amount will ever be collected; and, WHEREAS, the administration has agreed to pay the Kenai Peninsula Borough $5,495.00 if still uncollected, should any of these parcels (parcels 04711308 thru 04711312) be deemed to no longer serve the public purpose and be sold by the City; and, New Text Underlined DELETED TEXT BRACKETED] SUBSTITUTE Ordinance No. 2419 -2009 Page 2 of 2 WHEREAS, the amount of $5,495.00 represents the Borough's portion of sales tax secured by liens prior to foreclosure; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1) estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenue Appropriation of Fund Balance Increase Appropriations Non departmental Land; $7,299.30 $7,299.30 and, 2) declaring that Lots 12, 13, 14, 15 and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, also known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, whose last known record owner under Borough assessment records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, shall be retained by the City of Kenai for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day 15th day of July, 2009. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] 9- Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: August 15, 2009 Lots 12 -16, Block 3 East Addition, Townsite of Kenai 6 8 2 1 9 10 11 12 13 14 MARINE AVE DEED i DEED 231 @604 284©754 REMAINDE GOV'T. LC -10- the of NENNULASKA MEMO: e with a Past, a with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: July 9, 2009 SUBJECT: Ordinance No. 2419 -2009 Lots 12 through 16, Block 3, East Addition, Townsite of Kenai The Planning and Zoning Commission reviewed Ordinance No. 2419 -2009 at their meeting on June 8, 2009. The Commission recommends that Council adopt the ordinance and acquire the properties for public purpose. I IIJI I 1992 KENAI, ALASKA General Fund: Increase Estimated Revenue Appropriation of Fund Balance Increase Appropriations Police Machinery Equipment ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2420 -2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $30,000 FOR THE REPLACEMENT OF A POLICE CRUISER DESTROYED DURING PURSUIT OF A SUSPECT. WHEREAS, a police cruiser was damaged beyond repair on May 19, 2009 while in pursuit of a suspect; and, WHEREAS, the City is likely to receive insurance proceeds from either the suspect's insurance or through the City's uninsured /underinsured coverage; and, WHEREAS, it is likely to be months before all insurance issues are resolved; an d, WHEREAS, the delivery time once orders for police vehicles is placed can be several months; and, WHEREAS, the Police Department would like to start the process of replacement immediately; and, WHEREAS, the General Fund can expedite the process by appropriating the funds and be reimbursed when insurance proceeds become available. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: PASSED BY THE COUNCIL OF THE CITY OF .ENAL, ALASKA, this 1Sth day of July, 2009. PAT PORTER, MAYOR -12- Suggested by: Administration $30,000 $30,000 Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: July 15, 2009 CITY OF KENAI ORDINANCE NO. 2421 -2009 Suggested by Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the City of Kenai has adopted landscape /site plan regulations in KMC 14.25; and, WHEREAS, in order to provide a better buffer between residential and commercial development within the City of Kenai, screening should be required as a shield between residential and commercial areas; and, WHEREAS, commercial development adjacent to residential zones should be designed to provide that traffic is routed away from residential streets; and, WHEREAS, some commercial development should be required to provide frontage roads in order to provide for safer and more efficient traffic flow; and, WHEREAS, KMC 14.25 should provide a mechanism for a developer to apply for a variance from the landscape /site regulations. 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 in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. ATTEST: Carol L. Freas, City Clerk -13- PAT PORTER, MAYOR New Text Underlined' (DELETED TEXT BRACKETED Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: August 15, 2009 Ordinance No. 2421 -2009 Attachment "A" Section I 14.25.040 Landscaping plan— Performance criteria. Page 1 of 3 Intent. Landsca.in' re. uired under this section is intended to enhance the community environment and visual character and to provide attractive and functional separation to provide visual and sound screening barriers between uses. (a) Objectives for Landscaping Plan An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right -of- way, and parking lot landscaping must be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping adjacent to residential zones shall have landscaping beds /buffers that meet all of the following minimum standards: L Landscaping Beds. Minimum [OF TEN FEET (10')] in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. [A SIX -FOOT (6') HIGH WOOD FENCE OR MASONRY WALL MAY BE USED IN PLACE OF FIVE FEET (5') OF THE REQUIRED BED WIDTH.] Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease. the following requirements must be used to meet the intent of this chapter: a. Combination of shrubbery and trees, and /or b. Fencing a. A six -foot (6') high wood fence or masonry wall fence shall be required only to meet screening of the developed portion of the property. Sections of the fence must be no longer than twenty -five- feet (25'). Sections must be off-set a minimum of four -feet (4') so as not to impede the movement of wildlife. 3j2.] Ground Cover. One hundred percent (100 within three (3) years of planting and continuous maintenance so there will he no exposed soil. Flower beds may be considered ground cover. 4.[3.] Trees and /or shrubs appropriate for the climate shall be included in the landscaping beds, -14- Ordinance No. 2421 -2009 Attachment "A" Page 2 of 3 (c) Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Street rieht -of -way landscaping softens the impact of land uses along street rights -of- way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights -of -way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. 1. Landscaping Beds. Minimum of ten feet (10') in width along the entire length of the property lines which adjoin street rights -of -way, exclusive of driveways and other ingress and egress openings; 2. Ground Cover. One hundred percent (100 ground cover of the landscaping bed within three (3) years of planting and continuous maintenance so there will be no exposed soil; 3. Trees andlor shrubs appropriate for the climate shall be included in the landscaping beds. (f) Review. The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping /site plan as originally approved. Section II 14.25.045 Site plan Performance criteria. (a) Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan (b) Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan., and not be hazardous to the health, safety and welfare of citizens. (c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. -15- Ordinance No. 2421 -2009 Attachment "A" Page 3 of 3 (d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1. Paving is required for "commercial development" including a multifamily development requiring a building permit valued at one hundred thousand dollars ($100,000.00) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000.00) or more, and the property is located between Evergreen Drive and McCollum Drive /Tinker Lane as shown in the map marked Appendix I to this chapter. 2. Exception to this requirement: (1) Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage Snow storage /removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (f) Dumpsters. Dumpsters must be screened with a sight- obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. (g). Access. Properties adjacent to residential zones should provide ingress and egress to ensure commercial traffic is routed away from residential streets. Access should be from an arterial street. Developments may be required to develop frontage roads and are encouraged to consolidate existing access points. Section III 14.25.070 Modifications Variances. (a) Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this chapter impractical and that the modification is in conformity with the intent and purposes of this chapter. (b) If the Administrative Official refuses to grant modifications to the provisions of this chapter, an applicant may apply for a variance from the requirements of this chapter using the process and standards set out in KMC 14.20.180. -16- the cd of KENAI, SKIT 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. WHEREAS, the City of Kenai has adopted landscape /site plan regulations in KMC 14.25; and, WHEREAS, in order to provide a better buffer between residential and commercial development within the City of Kenai, screening should be required as a shield between residential and commercial areas; and, WHEREAS, commercial development adjacent to residential zone should be designed to provide that traffic is routed away from residential streets; and, WHEREAS, some commercial development should be required to provide frontage roads in order to provide for safer and more efficient traffic flow; and, WHEREAS, KMC 14.25 should provide a mechanism for a developer to apply for a variance from the landscape /site regulations. NOW, THEREFORE. IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances as shown in Exhibit "A." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24th day of June 2009. New text underlined CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZO9 -19 -17- CHAIRMAN [DELETED TEXT BRACKETED AND ALL CAPS) Substitute Section 1 14.25.040 Landscaping plan— Performance criteria. Intent. Landscaping required under this section is intended to enhance the community environment and visual character and to provide attractive and functional separation to provide visual and sound screening barriers between uses. (a) Objectives for Landscaping Plan. An effective landscaping plan should utilize a variety of techniques for achieving the intent of this section. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, street right -of- way, and parking lot landscaping must be included as components of the overall landscaping plan. (b) Perimeter/Buffer Landscaping. Perimeter/buffer landscaping involves the land areas adjacent to the lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles and commercial and residential uses. Landscaping adjacent to residential zones shall have landscaping beds/buffers that meet all of the following minimum standards: 1. Landscaping Beds. Minimum [OF TEN FEET (10')] in width equal to the setback along all property lines, which adjoin residential zones, exclusive of driveways and other ingress and egress openings. [A SIX -FOOT (6') HIGH WOOD FENCE OR MASONRY WALL MAY BE USED IN PLACE OF FIVE FEET (5') OF THE REQUIRED BED WIDTH.] 2. Screening. Developers are encouraged to maintain natural screening when existing screening meets the intent of this chapter to shield between residential and commercial uses. When natural screening does not exist or is lost due to weather or disease, the following requirements must be used to meet the intent of this chapter: a. Combination of shrubbery and trees and /or b. Fencing a. A six -foot (6') high wood fence or masonry wall fence shall be required only to meet screening of the developedportion of the property. Sections of the fence must be no longer than twenty -five- feet (25'). Sections must be off -set a minimum of four -feet (4') so as not to impede the movement of wildlife. 3.[2.j Ground Cover. One hundred percent (100 within three (3) years of planting and continuous maintenance so there will be no exposed soil. Flower beds may be considered ground cover. PZ09 -19 Substitute Attachment "A" Page 1 of 3 -18- 4.r3.] Trees and/or shrubs appropriate for the climate shall be included in the landscaping beds. (c) Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. Landscaping may include landscaping beds, trees, and shrubs. (d) Parking Lot Landscaping. Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Street right -of -way Iandscaping softens the impact of land uses along street rights -of- way, but does not obscure land uses from sight. Landscaping beds must meet all of the following minimum standards; except where properties are adjacent to State of Alaska rights -of -way, the Administrative Officer may approve alternatives, which meet the intent of this section but protect landscaping from winter maintenance damage. 1 Landscaping Beds. Minimum of ten feet (10') in width along the entire length of the property lines which adjoin street rights -of -way, exclusive of driveways and other ingress and egress openings; 2. Ground Cover. One hundred percent (100 ground cover of the landscaping bed within three (3) years of planting and continuous maintenance so there will be no exposed soil; 3. Trees and /or shrubs appropriate for the climate shall be included in the landscaping beds. (f) Review, The Administrative Official may consider plans for amendments if problems arise in carrying out the landscaping/site plan as originally approved. PZ09 -I9 Substitute Attachment "A" Page 2 of 3 Section II 14.25.045 Site plan—Perfo anance criteria. (a) Objectives. An effective site plan should utilize a variety of techniques for achieving the intent of this chapter. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan (b) Buildings. A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety and welfare of citizens. -19- (c) Special Permits. The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots. Parking lots referenced on the site plan shall comply with KMC 14.20.250. 1. Paving is required for "commercial development" including a multifamily development requiring a building permit valued at one hundred thousand dollars ($100,000.00) or more for new construction, or any improvements which adds square footage valued at one hundred thousand dollars ($100,000.00) or more, and the property is located between Evergreen Drive and McCollum Driveffinker Lane as shown in the map marked Appendix 1 to this chapter. 2. Exception to this requirement: (i) Properties zoned Heavy Industrial are exempt from the paving requirement. (e) Snow Storage/Removal and Drainage. Snow storage /removal and drainage as referenced on the site plan shall be compatible with the surrounding area. (0 Dumpsters Dumpsters must be screened with a sight- obscuring structure made of wood or concrete. The Administrative Official may approve other construction materials. (g) Access. Properties adiacent to residential zones should provide ingress and egress to ensure commercial traffic is routed away from residential streets. Access should be from an arterial street. Developments may be required to develop frontage roads and are encouraged to consolidate existing access points Section III 14.25.070 Modifications Variances. (a) Whenever there are practical difficulties in carrying out the provisions of this chapter, the Administrative Official may grant minor modifications for individual cases, provided the Administrative Official finds that a special individual reason makes the strict letter of this chapter unpractical and that the modification is in conformity with the intent and purposes of this chapter thj If the Administrative Official refuses to grant modifications to the provisions of this chapter, an applicant may apply for a variance from the requirements of this chapter using the process and standards set out in KMC 14.20.180. PZ09 -19 Substitute Attachment "A" Page 3 of 3 -20- thccit KEN I, ALASKA MEMO: "I/illaie with a Past, City with a Future 1997 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: July 7, 2009 SUBJECT: Ordinance No. 2421 -2009 Amending KMC 14.25 This ordinance proposes to amend the landscape /site plan regulations and is the result of comments received when reviewing the Limited Commercial rezone along the Kenai Spur Highway. Residents were concerned that the existing ordinance did not provide adequate buffer between residential and commercial uses, that commercial uses could increase traffic in residential neighborhoods, and that the code does not provide an avenue for variances from the regulations. The Planning and Zoning Commission began discussions on the proposed ordinance in April. Work sessions were held in May and June and modifications were made to the original draft ordinance. During the work sessions, it was agreed that the goal should be to maintain as much natural vegetation as possible to provide for separation of uses. The Commission added an intent section to Chapter 14.25 specifying the intent is to provide for attractive and functional separation. And, a section that states developers are encouraged to maintain natural screening. If the natural buffer does not exist, the amendment provides options for a combination of fencing, trees, and shrubbery to provide the attractive and functional separation between uses, not between properties. The section on access states "Properties adjacent to residential zones should provide ingress and egress to ensure commercial traffic is routed away from residential streets." It was recognized that this section would generally only apply when properties abutting highways or arterial streets are subdivided. Last, the Commission wanted to clarify that a developer must request a modification to the chapter requirements before being able to apply for a variance. the cf y of KENAI, ALASKA CITY OF KENAI Suggested by: Council Member Molloy /P &Z ORDINANCE NO. 2422 -2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.050 BY ADDING A PROVISION TO ALLOW LEGALLY NON CONFORMING USES TO EXPAND. WHEREAS, the City of Kenai has adopted the Kenai Zoning Code which is contained in KMC 14.20; and, WHEREAS, KMC 14.20.050 contains the rules regarding nonconforming lots, structures and uses; and, WHEREAS, KMC 14.20.050 does not allow for the expansion of nonconforming uses; and, WHEREAS, failure to allow expansion of nonconforming uses can be a hardship on businesses and property owners where the underlying zoning is changed; and, WHEREAS, there are situations where expansion of a nonconforming use is not harmful to the surrounding property; and, WHEREAS, the Kenai Zoning Code should contain a process to allow a property owner to apply for a conditional use permit to provide for expansion of a nonconforming use upon such terms and conditions as the Planning and Zoning Commission deems appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by: 14.20.050 Non- conforming lots, structures, and uses. (h) Exception(s) to this Section_[ -j 1. Outside Storage of Junk. Notwithstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible from a city or state road in any zone. However, the Commission may grant a conditional use permit under the procedure specified in this chapter allowing said use to continue for a specified period of time if: 1(1)11 An eight (8') foot high sight obscuring fence of good appearance has been provided around said use. New Text Underlined; DELETED TEXT BRACKETED; -22- Ordinance No. 2422 -2009 Page 2 of 2 2. The Planning and Zoning Commission may grant a Conditional Use Permit allowing a non conforming use to expand, enlarge, or increase in intensity provided that: (i) The use may not expand beyond the site, lot, or parcel as defined by the legal description on the Certificate of Occupancy for a Nonconforming Use, or owned or leased by the nonconforming use as of the date it became nonconforming in the event there is no Certificate of Occupancy. (ii) Uses which are nonconforming due to the number of residential units may not add additional units. (iii) The proposed modification will not result in further infringement of the provisions of this ordinance. modifications shall comply with all regulations (other than use restrictions) including but not limited to lot coverage, vard, height, open space, density provisions. or parking requirements unless waived by the Commission through a variance a.s provided in this chapter, (iv) The nonconforming use must have been a permitted use in the prior zone at the time it became a nonconforming use. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. ATTEST: Carol L. Freas, City Clerk New Text Underlined', [DELETED TEXT BRACKETED] -23- PAT PORTER, MAYOR Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: August 15, 2009 the pH of KENAI. ALASKA CITY OF KENAI P N G AND ZONING COMMISSION RES OLUTION NO. 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. WHEREAS, the City of Kenai has adopted the Kenai. Zoning Code which is contained in KMC 14.20; and, WHEREAS, KMC 14.20.050 contains the rules regarding nonconforming lots, structures and uses; and, WHEREAS, KMC 14.20.050 does not allow for the expansion of nonconforming uses; and, WHEREAS, failure to allow expansion of nonconforming uses can be a hardship on businesses and property owners where the underlying zoning is changed; and, WHEREAS, there are situations where expansion of a nonconforming use is not harmful to the surrounding property; and, WHEREAS, the Kenai Zoning Code should contain a process to allow a property owner to apply for a condition use permit to provide for expansion of a nonconforming use upon such terms and conditions as the Planning and Zoning Commission deems appropriate. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances by: 14.15.030 Non conforming lots, structures, and uses. (h) Exceptionj_sj to this Section_[ -j 1. Outside Storage of Junk. Notwithstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible from a city or state road in any zone. However, the Commission may grant a conditional use permit under the procedure specified in this chapter allowing said use to continue for a specified period of time if: xt underlined [DELEI ED 1 EXT BRACKETED AND ALL CAPS] -24- PZ09 -35 Page 2 l(l)1fi] An eight (8') foot high sight- obscuring fence of good appearance has been provided around said use. 2. The Planning and Zoning Commission may grant a Conditional Use Permit allowing a non- conforrninq use to expand, enlarge, or increase in intensity provided that: Il The use may not expand beyond the site, lot, or parcel as defined by the legal description on the Certificate of Occupancy for a Nonconforming Use, or owned or leased by the nonconforming use as of the date it became nonconforming in the event there is no Certificate of Occupancy. f Uses which are nonconforming due to the number of residential units may not add additional units. (iii) The proposed modification will not result in further infringement of the provisions of this ordinance; modifications shall comply with all regulations (other than use restrictions) including but not limited to lot coverage, yard, height, open space. density provisions or parking requirements unless waived by the Commission through a variance as provided in this chapter. at the time it became a nonconforming use. PASSED BY THE PLANNING AND ZONING COMMISSION THE CITY OF KENAI, ALASKA, this 24th day of June 2009. (iv). The nonconforming use must have been a permitted use in the prior zone -25- CHAIRMAN MEMO TO: Mayor, Council, Administration FROM: Bob Molloy DATE: 07 -08 -09 SUBJECT: ORDINANCE NO. 2422 -2009, Amending KMC 14.20.050 By Adding A Provision To Allow Legally Non Conforming Uses To Expand KMC 14.20.050 contains the rules regarding non conforming lots, structures, and uses. When a property with an operating business is re- zoned, and an existing business use of that property becomes a non conforming use (1.e„ not permitted), then the existing business is allowed to continue as being "grandfathered in," but that business' use of the property is restricted and that business cannot expand under the current code. Recently, we had a situation where one local business in the Thompson Park Limited Commercial Zone "LCZ wanted to expand, but could not, because the business, which was an industrial use pennitted under the prior General Commercial zone, became non- conforming under the Thompson Park area rezone to LCZ. Our original approach was to amend the LCZ ordinance, to now allow certain industrial uses. At Planning Zoning and before Council, members of the public testified about the need for greater flexibility in how the City deals with non conforming uses resulting from re- zoning property to LCZ. Several people spoke against allowing industrial uses in the LCZ as amended, although they did not object to allowing pre rezoning industrial uses to expand as a conditional use. I requested information on how a formerly permitted use that became non conforming as a result of a rezone to LCZ might be allowed to expand, without continually amending the LCZ, on an ad hoc basis. Legal and the City Planner made recommendations about how that could be done; Council sent the concept to Planning Zoning Commission; and Planning Zoning Commission recommended this proposed ordinance to Council.. This proposed ordinance, if approved, will amend KMC 14.20.050 by adding an additional exception in (h)(2). This additional exception will allow a property owner to apply for, and the Planning Zoning Commission to grant, a conditional use permit "CUP that will allow the non conforming use to expand, enlarge, or increase in intensity. To qualify for the CUP, the non- conforming use must have been a permitted use in the prior zone at the time that it became a non conforming use, ¶(h)(2)(iv). In addition, these other conditions or limitations apply: The use may not expand beyond the site, lot; or parcel as of the date it became non- conforming, ¶(h)(2)0); 2. If the number of residential units is what makes the use non conforming, then additional units may not be added, ¶(h)(2)(ii); 3. The proposed modification must not result in further infringement of the provisions of KMC 14.15.050 Non conforming lots, structures and uses, ¶(h)(2)(iii); and 4. The proposed modification must comply with all regulations (other than use restrictions) such as lot coverage, yard, height, open space, density provisions, or parking requirements unless waived by the Commission through a variance, ¶(h)(2)(iii). -26- thC c, K NAL ALASKA ORDINANCE NO. 2423 -2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, Kenai City Resolution No. 2009 -25 placed Ballot Proposition A on the city's ballot for the October 6, 2009 election; and, WHEREAS, if passed, Proposition A would repeal Ordinance No. 2393 -2009 that amended the official Kenai Zoning Map; and, WHEREAS, the City Council passed Ordinance 2393 -2009 amending the official Kenai Zoning Map on April 1, 2009; and, WHEREAS, it is in the best interest of the of the City of Kenai to provide accurate information to the public regarding Ballot Proposition A; and, WHEREAS, AS 15.13.145(b) requires money spent by a municipality to influence the outcome of a ballot proposition to be specifically appropriated for that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that fifteen thousand dollars 15,000) is specifically appropriated for the purpose of providing public information of Ballot Proposition A. General Fund PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 dam z CITY OF KENAI -27- Suggested by: Councilor Moore Increases Estimated Revenues Appropriation of Fund Balance 15,000 Increase Appropriations Legislative Advertising 15,000 PAT PORTER, MAYOR Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: July 15, 2009 Cost Estimate for Creation and Distribution of Informational Material for Ordinance 2324 -2009 Cost Item Description Unit Quantity Unit Cost Sub -Total Preparation of Print Ad LS 1 250.00 250.00 Newspaper Insert EA 2 3,500.00 7,000.00 Motzik List of Voters EA 1 400.00 400.00 Envelopes EA 8000 0.20 1,600.00 Postage EA 8000 0.30 2,400.00 Paper /Printing /Labeling EA 8000 0.40 3,200.00 -28- Total 14,850.00 Carol Freas From: Kellie Kelso [kkelso @alaska.net] Sent: Wednesday, July 15, 2009 4:52 PM To: Carol Freas Subject: Ordinance 2423 -2009 Dear Councilmembers, I just found out I will not be able to attend tonight's council meeting and would like to submit this as my testimony regarding the proposal to appropriate $15,000 to provide for public information of Ballot Proposition A. As a citizen who devoted many hours obtaining signatures on the petition that resulted in this ballot proposition, I am keenly interested in ensuring that the public information provided with my tax dollars reflects both sides of the issue. To that end, I request that you establish a "bi- partisan team" to draft the verbage for the information that is published. This team should have representatives from both City administration and the citizens who submitted the referendum. Both parties should be given the chance to provide input and arrive at a final proposal that is agreeable to all. Thank you for your consideration, Kellie Kelso 117 Walker Lane Kenai, AK the Lily of KENALALASKA CITY OF KENAI RESOLUTION NO. 2009-40 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE PURCHASE OF THREE POLICE VEHICLES THROUGH STATE OF ALASKA EQUIPMENT FLEET CONTRACT PRICING. WHEREAS, the Kenai Police Department needs to purchase three police vehicles (two Ford Crown Victorias and one Ford Expedition) all with prices exceeding $25,000; and, WHEREAS, Kendall Ford in Wasilla is awarded the State of Alaska equipment fleet contract for the purchase of Police Crown Victorias and Ford Expeditions; and, WHEREAS, KMC 7.15.050(f) allows the City of Kenai to purchase equipment without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate; and, WHEREAS, in past years, including FY09, the City of Kenai has purchased police vehicles through the State of Alaska equipment fleet contract pricing. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Kenai Police Department is authorized to purchase two police Crown Victorias, (priced at $25,619 each), and one Ford Expedition (priced at $26,439) from Kendall Ford as part of the Stare of Alaska equipment fleet contract price. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. ATTEST: Carol L. Freas, City Clerk �y Approved by Finance: 7 6f.4L Contingent on the passage of Ordinance No. 2420 -2009 PAT PORTER, MAYOR New Text Underlined DELETED TEXT BRACKETED] -29- Memorandum To: Rick Koch, City Manager Fm: Gus Sandahl, Police Chief Date: 7/8/2009 Re: Purchase of Police Vehicles Kenai Police Department Two police cruisers are budgeted for FY10 (a Ford Crown Victoria and a Ford Expedition). The Crown Victoria and the Expedition each cost over $25,000. In May 2009, a 2006 police cruiser was totaled as a result of a driver intentionally ramming the police vehicle, As a result of the crash, the police department now needs a replacement cruiser. The State of Alaska has awarded the State equipment fleet contract for Crown Victorias and Expeditions to Kendall Ford in Wasilla. In past years, the City of Kenai has purchased police vehicles with State of Alaska fleet pricing, including FY09. Per KMC 7.15.050(1) equipment may be purchased without giving an opportunity for competitive bidding if the equipment is purchasable under the contract of another governmental agency in which contract the City is authorized to participate. I am requesting that the City of Kenai purchase two Crown Victoria cruisers and one Ford Expedition cruiser under the State of Alaska equipment fleet contract. The Kendall Ford Pricing, per State of Alaska fleet contract award, is as follows: Crown Victoria: 523,217 Expedition: $24,872 Wiring pkg 770 Wheels /TPMS 1,367 Wheels/TPMS 1,432 Shop Manual 200 Shop Manual 200 Total S25,619 Total 526,439 -30- KENALALASKA CITY OF KENAI ORDINANCE NO. 2423 -2009 SUBSTITUTE Suggested by: Councilor Moore AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, Kenai City Resolution No. 2009 -25 placed Ballot Proposition A on the city's ballot for the October 6, 2009 election; and, WHEREAS, if passed, Proposition A would repeal Ordinance No. 2393 -2009 that amended the official Kenai Zoning Map; and, WHEREAS, it is in the best interest of the of the City of Kenai to provide information to the public of Ballot Proposition A; and, WHEREAS, it is the position of APOC that a paid public information campaign on a ballot proposition by a municipality, such as mailing out informational brochures, even if factual and unbiased, is an attempt by the municipality to "influence" the election; and, WHEREAS, AS 15.13.145(b) requires money spent by a municipality to influence the outcome of a ballot proposition to be specifically appropriated for that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that fifteen thousand dollars 15,000) is specifically appropriated for the purpose of providing public information of Ballot Proposition A. General Fund Increases Estimated Revenues Appropriation of Fund Balance 15,000 Increase Appropriations Legislative Advertising 15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. PAT PORTER, MAYOR SUBSTITUTE Ordinance No. 2423 -2009 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk p Approved by Finance: 7 G 6--c- New Text Underlined [DELETED TEXT BRACKETED( Introduced: July 1, 2009 Adopted: July 15, 2009 Effective: July 15, 2009 KEN U SKA Suggested by: Counselor Smalley /City Clerk CITY OF KENAI RESOLUTION NO. 2009 -41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE "PRESERVING THE AMERICAN HISTORICAL RECORDS" BILL (H.R. 2256). WHEREAS, the historical records housed in archives around the United States protect our rights as American citizens, hold government accountable, and educate, inform, and ensure the cultural heritage of this country; and, WHEREAS, much of the American recorded evidence of births, education, marriage, property owned, obligations satisfied, and criminal conduct is held at the state and local level; and, WHEREAS, the preservation, access and use of the historical records held in states, regions, and localities around the country is essential to sustaining the information needs of government officials, lawyers, scholars, teachers, students, genealogists, business people and a wide range of other users; and, WHEREAS, our nation has recognized the importance of history by its support of national institutions such as the National Archives, the Library of Congress, and the Smithsonian Institution; and, WHEREAS, the existing federal support is not adequate to reach the rest of our nation's archives being held in government agencies, state and local historical societies, archives and library history collections. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA: SECTION 1: The City of Kenai supports the passage of H.R. 2256, which will establish a formal program at the national level to develop programs and practices in each state and territory, to ensure the historical records of this country receive the attention and use necessary to continue to document our heritage and support our democracy. SECTION 2: That a copy of this resolution shall be sent to Congressman Don Young. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009, ATTEST: Carol L. Freas, City Clerk -31- PAT PORTER, MAYOR I would appreciate your support of Resolution No. 2009 -41. Thank you. clf he yaf KENN ALASKA "ViWIaye with a Past, Gity with a Frcture'" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor /Council Members FROM: Carol L. Freas City Clerk DATE: July 8, 2009 RE: .RESOLUTION NO. 2009-41 SUPPORTING THE "PRESERVING THE AMERICAN HISTORICAL RECORDS" SILL (H.R. 2256) H.R. 2256 is intended to assist states to preserve and provide access to historical records through grants to states based on population and area. It would support initiatives such as: Preservation actions protecting historical records and retaining them for public use, including digitization projects, electronic records initiatives, and disaster preparedness and recovery. Provision of educational programs and training to those who care for records, ensuring they have the knowledge to fulfill their important responsibilities. The program, to be administered by the National Archives, will provide a total of $50,000,000 per year nationwide. Each state would receive a portion of these funds for redistribution to government agencies and organizations within its borders. -32- HR 2256 IH 111th CONGRESS 1st Session H. R. 2256 To authorize the Archivist of the United States to make grants to States for the preservation and dissemination of historical records. IN THE HOUSE OF REPRESENTATIVES May 5, 2009 Mr. HINCHEY (for himself, Mr. MCHUGH,.Mr. PLATTS., Mr. FATTAH, Ms. SLAUGHTER, Mr, BARROW, Mr. GORDON of Tennessee, Mr. LOEBSACK, Mr. GERLACH, Mr, MCGOVERN, Mr. POE of Texas, Mr. ARCURI, Mr. ACKERMAN, Mr, ISRAEL, Mrs. MALONEY, Mr. GONZALEZ, Mr. NADLER of New York, Mr. TONKO, Mrs. LOWEY, and Mr, CROWLEY) introduced the following bill; which was referred to the Committee on Oversight and Govemment Reform A BILL To authorize the Archivist of the United States to make grants to States for the preservation and dissemination of historical records. Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Preserving the American Historical Record Act'. SEC. 2. FINDINGS. Congress finds the following: (1) Much of the American historical record, such as evidence of births, education, marriage, divorce, property owned, obligations satisfied, and criminal conduct, is held at the State and local level by organizations that preserve the records that protect the rights of the Nation, (2) The United States has recognized the importance of history by its support of national institutions such as the National Archives, the Library of Congress, and the Smithsonian Institution. Yet, this support is not adequate to reach the rest of the. Nation's archives being held in -33- State and local historical societies, archives, and library history collections. (3) More resources need to be directed to State and local organizations to ensure essential care of documents and archival records in their many forms so that they can be readily used by the people of this Nation, (4) History connects people to community whether the community is a family, a neighborhood, a city, a State, or a Nation. Connections to the past are essential to sustaining democracy, educating students, creating "a sense of place in family and community, supporting information needs in business and legal affairs, and making reasoned decisions about the Nation's future direction. SEC. 3. PURPOSES. The purposes of this Act are- (1) to protect historical records from harm, to prolong their life, and to preserve them for public use, through the use of electronic records initiatives and plans for disaster preparedness, recovery, and other preservation activities; (2) to use historical records in new and creative ways to convey the importance of State, territorial, and community history, including the development of teaching materials for elementary, secondary, and postsecondary teachers, active participation in National History Day, and support for lifelong learning opportunities; (3) to provide education and training to archivists and others who care for historical records, ensuring that they have the necessary knowledge and skills to fulfill their important responsibilities; and (4) to create a wide variety of access tools, Including archival finding aids, documentary editions, indexes, and images of key records maintained on Internet websites of State and local organizations, SEC. 4. AUTHORITY TO MAKE GRANTS. The Archivist shall make grants under this Act to States to carry out programs consistent with the purposes of this Act. SEC. 5. USE OF GRANT AMOUNTS. (a) Requirements- The Archivist may not award grants to any State under this Act unless- (1) the State agrees, to use grant amounts only to carry out programs consistent with the purposes of this Act; (2) the State certifies the availability of State or private funds, or an in -kind equivalent, equal to half the amount of the grant to be awarded to the State; and -34- (3) the State ensures that grant amounts are used to supplement, and not supplant, non Federal funds that would otherwise be available for those purposes (b) Additional Conditions- The Archivist may require additional terms and conditions in connection with the use of grant amounts provided under this Act as the Archivist considers appropriate. SEC. 6. STATE ALLOCATIONS (a) In General- The Archivist shall award grant amounts under this Act in accordance with this section. (b) Calculation of Allocations- The Archivist shall allocate funds made available to carry out this Act to the States as follows: (1) 10 percent of the total available funds divided equally among the States.. (2) 82 percent of such funds allotted to the States on the basis of their relative total population, adjusted every decade based on the United States Census. (3) 8 percent of such funds allotted to the States by geographic size. (c) State Grants- From funds allocated under subsection (b), the Archivist shall make grants to the State archival administrative agency of each State. (d) Reallocation- The State archival administrative agency shall return any funds received under subsection (c) that the State archival administrative agency does not obligate within one year of receiving a grant, and the Archivist shall reallocate such funds to the remaining States in accordance with subsection (b), (e) Consultation With State Archivists and Secretaries of State In carrying out this section, the Archivist shall consult with State archivists, State secretaries of state, or other appropriate State and local officials who have administrative responsibilities for archival functions. SEC. 7. APPLICATION. The Archivist may award grant amounts under this Act only to a State that has submitted an application to the Archivist at such time, in such manner, and containing such information as the Archivist may require, SEC. S. REVIEW AND SANCTIONS. (a) Annual Report by State- Each State receiving funds under this Act during a calendar year shall provide to the Archivist, no later than January 31 of the following year, a report on activities supported by such funds during the previous calendar year. (b) Annual Review- The Archivist shall review annually the report provided by each State under subsection (a) to determine the extent to which the State has complied with the provisions of this Act. -35- (c) Imposition of Sanctions- The Archivist may impose sanctions on any State for any failure to comply substantially with the provisions of this Act. The Archivist shall establish the sanctions to be Imposed for a failure to comply substantially with the provisions of this Act, SEC. 9. ANNUAL REPORT. Not later than April 1 of each year, the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Govemment Reform of the House of Representatives a report describing the activities carried out under this Act and containing any related information that the Archivist considers appropriate. SEC. 10. DEFINITIONS. In this Act: (1) STATE- The term State' means each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (2) ARCHIVIST- The term 'Archivist' means the Archivist of the United States appointed under section 2103 of title 44, United States Code. (3) HISTORICAL RECORD The term historical record' means unpublished materials created or received by a person, family, or organization, public or private, in the conduct of their affairs that are preserved because of the enduring value contained in the Information they contain or as evidence of the functions and responsibilities of their creator, (4) STATE ARCHIVIST- The term 'State Archivist' means the individual mandated by law within each State with responsibility for managing the archival records of State government. (5) STATE ARCHIVAL ADMINISTRATIVE AGENCY- The term 'State archival administrative agency' means the agency mandated by law within each State with the responsibility for managing the archival records of State government. SEC. 11. REGULATIONS. The Archivist shall prescribe any regulations necessary to carry out this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Archivist $50,000,000 each fiscal year for five fiscal years, beginning with the first fiscal year beginning after the date of the enactment of this Act, to make grants under this Act. http: /thom as.loc.gov/cai- bin /query /z ?c111: H. R.2256.IH: -36- Mc c%i o f KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2009 -42 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, DIRECTING ITEMS ON ATTACHMENT A TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7.15.060, AND THE FOUR -STORY FIRE TRAINING BUILDING LOCATED AT 400 MARATHON ROAD MAY BE SOLD BY A BROKER. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction, competitive sealed bid, broker or an internet sale process; and, WHEREAS, KMC 7.15.060 requires the City Manager to get authorization from the City Council in order to sell surplus or obsolete items by a broker and to provide a report of sale in the Council packet within thirty (30) days of the date of sale; and, WHEREAS, a competitive sealed bid auction, internet sale process or sale by a broker are reasonable and acceptable means of disposal of surplus and obsolete city property; and, WHEREAS, the nature of the four -story fire training building located at 400 Marathon Road, Kenai, Alaska is such that it is in the best interest of the City of Kenai (i.e. finding buyers and getting the best price) to sell it by retaining a broker than selling it at a competitive sealed bid auction. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachments A be declared surplus or obsolete, the items on Attachment A may be sold as provided in KMC 7.15.060, and the four -story fire training building located at 400 Marathon. Road may be sold by a broker with the City Manager to report the sale by a broker by including a report of the sale in the Council's packet within thirty (30) days of the date of the sale. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. ATTEST: Carol L. Freas, City Clerk -37- PAT PORTER, MAYOR No. Each Item Description Department 1 Office desk chair Administration Lot Three black desk organizers Administration 1 Meridian phone Administration 1 Box computer labels (3 1/2" x 15716 Administration 1 Nortel network modem Administration 1 Belkin console modem Administration Lot Misc. computer cables Administration 1 Logitech wireless keyboard /mouse Administration Lot Misc. Dell keyboards /mouses' Administration 1 Dell Optiplex GX240 (no hard drive) Administration 1 Dell Optiplex GX260 (no hard drive) Administration 2 Dell Monitors 1 -15" 1 -18" Administration 1 Keyboard /mouse tray desk mount Administration 1 HP LaserJet 2100 printer Administration 1 Ricoh Fax 200L machine Administration 1 Keyboard /mouse tray desk mount Airport 1 Leeson electric gate motor 115 or 230 volt 2 horse power Airport 1 Small bathroom ceramic sink /faucet /counter Airport 2 Symtron Sytems control room compuers Airport Lot Two commercial deep fryers Airport Lot Two deep fryer liners 24 x 14 Airport Lot Two HP LaserJet SL printers Airport Lot Three sodium pole multi -tap light fixtures 120/240 or 277 volt Airport Lot Four computer monitors; two Dell, two View Sonic Airport Lot Three Dell computer towers (GX110, GX400, XPS R400) Airport Lot Misc. computer cables speakers Airport Lot Four 150 watt 208 volt metal halides Airport 1 25 -foot 16" Double walled vent pipe Buildings 1 36" Exhaust hood and fan motor Buildings 1 Stainless steel sink /faucet with counter Buildings 1 3- compartment stainless steel sink with faucets Buildings 1 White Bosch dishwasher Buildings 1 110 Electric Water Heater (2 1/2 gallon) Buildings 1 Johnson control compressor Buildings 1 Stainless steel mirror approx. 17" x 24" Buildings Lot Two 480 Volt Electric Heaters Buildings 1 Stainless steel paper -towel dispenser Buildings 2009 AUCTION ITEMS ATTACHMENT A Resolution No. 2009 -42 -38- No. Each Item Description Department 1 Wall -mount toilet Buildings Lot Two Peabody Gordon -Piatt gas burners 120 volt 1428 MBH (PSB) Buildings 1 Single compartment stainless steel sink Buildings 1 Single compartment stainless steel sink Buildings 1 DALITE electronic podium with speaker system Fire Department 1 Dell 15" flat screen monitor Fire Department 1 Dell computer keyboard Fire Department 1 Dell Optiplex GX1 Computer Fire Department 1 Dell Optiplex GX1400 Computer Fire Department 1 Maytag jet clean stainless dishwasher Fire Department 1 Fire training prop Fire Training Center 1 Propane module Fire Training Center 1 7,500 gallon water tank. City responsible for disconnection of piping; Purchaser responsible for disconnection of stand -pipe from foundation and all other work required for removal Fire Training Center EI Modular Building with plumbing: consists of 2 modules approximately 12'W x 44'L. Building was used as men's /women's bath shower rooms. Building is heated by a natural gas forced -air system. Some piping has been damaged by freezing. Purchaser is responsible for all costs associated with the removal from the site. Purchaser shall have 60 days to remove the modular building. Fire Training Center Modular Building without plumbing: consists of 2 modules approximately 12'W x 40' 2" L. Building was used as a classroom. Building is heated by electric baseboard Fire Training Center 1 4' x 8' chalk board Fire Training Center 1 4' x 8' chalk board Fire Training Center 1 Wooden bench Library 1 Bulletin board with stand Library 1 Circular hanging spinner Library 1 Wall clock Library 1 Dell Precision 350 Computer Library 1 HP scanner Library 1 Heavy duty stapler Library 1 Keyboard tray Library 1 Metal desktop tray Library 1 Metrologic barcode scanner Library 1 Multitech data /fax modem Library 1 Office chair Library 2009 AUCTION ITEMS ATTACHMENT A Resolution No. 2009 -42 -39- No. Each Item Description Department 1 Pioneer CD -Rom Changer Library 1 Systemax Computer Library 1 Toshiba UPS Library 1 Tri -pod projection screen Library 1 Wooden storage bin (30" x 42" x 56 Library Lot Two boxes DVD cases Library Lot Two circular paperback spinners Library Lot Two Gateway E Series Computers Library Lot Two HP DeskJet printers Library Lot Two particle board sheets 36" x 87" Library Lot Three 15" CRT Monitors Library Lot Two Dell Optiplex GX260 Library Lot Two Dell Optiplex GX240 Library Lot Five packs catalog cards Library 6 15" Dell flat screen monitors Library Lot Keyboards Mouse's (Dell, Gateway, Microsoft Kensington) Library Lot Computer cables Library Lot Data /electrical /pin cables (approx. 35) Library 1 Flat workout bench Parks 1 Small Burk playground equipment Parks 1 Hand aerator Parks 1 Metal cabinet on rollers Parks 2 Fuel dispenser pumps w /hose hose reels Parks Lot Six laminated wooden kitchen cabinets w/ hinged doors Parks Lot 48 Street pole winter decorations Parks 1 90' electrical cable Police Department 1 1986 White Chevy 2500 Truck Police Department 1 1997 White Ford Crown Victoria Police Department 1 800M white computer monitor Police Department Lot Two camera cases: 1 green /1 silver Police Department 1 Camera duplicator Police Department 1 Camera tri -pod Police Department 1 Champion sweatshirt Police Department 1 Coat rack Police Department 1 HP Computer monitor (white) Police Department 1 Epic recorder Police Department 1 Four drawer tan letter filing cabinet Police Department 2009 AUCTION ITEMS ATTACHMENT A Resolution No. 2009 -42 -40- No. Each Item Description Department 1 HP 1200 ink jet printer Police Department 1 JVC VCR recorder w /remote and manual Police Department 1 Hi fi Go Video VHS recorder Police Department 1 Leather gun case Police Department 1 Litebox flashlight Police Department 1 Men's ring Police Department 1 Pair of crutches Police Department 1 Paintball gun Police Department 1 Panasonic home theatre sound system Police Department 1 Panasonic 12" silver TV Police Department 1 Sewing kit Police Department Lot Two white surveillance cameras Police Department 1 Sylvania Blk 22" TV Police Department 1 Wall divider Police Department Lot Two desk lamps Police Department Lot Two wood display cases (47" x 30" and 35" x 24 Police Department Lot Two black men's wallets Police Department 1 Polaroid camera and case Police Department 1 Polaroid camera and case Police Department Lot Three computer monitors Police Department 1 Dell computer tower Police Department Lot Three pocket knives Police Department 1 Wood computer /fax desk Police Department 1 White plastic desk Police Department 1 Metal desk w/ four drawers Police Department 1 Wood desk w/ two drawers Police Department 1 Canon 35 mm camera with blk case /accessories Police Department 1 Minolta 35 mm with macro lens/ silver case Police Department Lot Canon 35 mm camera/ Olympus 35 mm camera and accessories Police Department 1 Canon 35 mm camera with accessories Police Department 1 Sunpack Strobe, accessories, silver case Police Department 1 JVC digital video camera Police Department 1 Fuji film digital camera Police Department 1 Blu /Silver Adult Vertical AL -02 Bicycle Police Department 1 Blu /Silver Adult Next Power Climber 18 Speed Bicycle Police Department 1 Blue Adult Magna Bicycle Police Department 1 Silver Adult Magna 15 Speed Bicycle Police Department 2009 AUCTION ITEMS ATTACHMENT A Resolution No. 2009 -42 -41- No. Each Item Description Department 1 Verticle VFX Aluminum Adult Bicycle Police Department 1 Blue Adult Magna HiJinx Bicycle Police Department 1 Pink Adult Quasar Raptor Bicycle Police Department 1 Blu /Silver /Blk Adult Magna Echo Quest Bicycle Police Department 1 Blue Adult Road Master 15 Speed Bicycle Police Department 1 Purple Child's Huffy Stone Mountain II Bicycle Police Department 1 Blk /Red Child's Toker Bicycle Police Department 1 Green Child's Chaos Bicycle Police Department 1 White Child's BMX -Style Bicycle Police Department 1 Blu Child's Royce Union Mountain Bicycle Police Department 1 Grn /Blu Child's Royce Union Bicycle Police Department Lot Six Adult bicycles Police Department Lot Four child's bicycles Police Department Lot Five adult bicycles Police Department Lot Misc. computer books Police Department Lot Misc. computer items (keyboards, mouse, cables etc.) Police Department 1 Sony tape recorder Police Department Lot Six Blk Plastic Wall Hangers Police Department Lot 10' 15' length of 6' high chain length fencing, approx. three 6' high driveway gates of 12' to 14' length. Public Works 1 24 x 42 Oak -trim brochure rack Senior Center 1 Bathroom sink cabinet Senior Center 1 Canon scanner Senior Center 1 Gateway tower hard drive removed Senior Center 1 HP DeskJet 960C printer Senior Center 1 HP scanner Senior Center 1 IBM Wheel- writer 1500 typewriter Senior Center 1 Micron home MPC tower hard drive removed Senior Center 1 Microsoft ergo keyboard Senior Center 1 Mirror Senior Center 1 Norstar phone Senior Center 1 Rubbermaid keyboard drawer (mountable under a desktop) Senior Center 1 Toilet Senior Center 2 Two Dell Optiplex towers (no hard drive) Senior Center 2 Elite PC towers Senior Center 2 Handrails Senior Center 195 Dining chairs Senior Center 2009 AUCTION ITEMS ATTACHMENT A Resolution No. 2009 -42 -42- No. Each Item Description Department 1 1980 Chevy 1 ton pick -up w dump bed extra tires Shop 1 1980 12' single axle heavy duty, pindle hitch trailer Shop 1 Coxwell hose reel Shop 1 Dell Optiplex GX1 Computer and monitor Shop 1 Dell Optiplex GC110 Computer and monitor Shop 1 Generator transfer switch Shop 1 Hose. reel Shop 1 Sharp AR168D Printer Shop 1 Sanitaire quick clean upright commercial vacuum Vintage Point 1 Whirlpool stacked washer /dryer Vintage Point 3 GE side by side refrigerators Vintage Point Lot Partial rolls of commercial carpeting Vintage Point 1 Air dryer Visitor Center 1 Pureflow air compressor for Johnson Controls 120 volt duel head compressor Visitor Center 1 Stearn generator Visitor Center 3 White GE microwaves Visitor Center Lot Six cabinet boxes Visitor Center Lot 28 cabinet doors (various sizes) Visitor Center 1 1/2 HP RPM 1725 v 115 PH1 Garage door opener motor WWTP 1 3" Briggs Stratton 3HP at 3200 RPM centrifugal water pump WWTP 1 3" Homelite 3HP at 3200 RPM centrifugal water pump WWTP 1 BM Beacon /Morris heater unit model H -B 120s Steam 120,000 CFM 1,900 volts 115 phase WWTP 1 Hertz's 60 amps 2.0 Reed WWTP 1 Rock Well band saw model 7v motor 1/2 HP 95.5" blade, width 1/2- 5/8", vari -speed control FPM 200,160,120,80 WWTP 1 Central pneumatic 10 gal. stock #1440/9980 w /protective face mask portable WWTP 1 Lincoln AC motor HP 1 Phase 3 amps 3.4 RPM 1735 WWTP 1 RUP Inds. HP 1/4 volt 480 amp 1.8 phase 3 WWTP 1 US electrical motor HP 75 Phase 3 volts 208 -230 amps 2.8 RPM 1750 WWTP 1 US electrical motor HP 1/2 RPM 1725 volt 115 -208 230 amps 9.0 -4.5 WWTP 1 Weg motor 3 phase Induction hp 3 RPM 1750 208 -230 to 460 volts amps 8.6 WWTP 2 US electrical motors HP 5 Phase 3 volts 230 frame 184T RPM 1720 WWTP 2009 AUCTION ITEMS ATTACHMENT A Resolution No. 2009 -42 -43- No. Each Item Description Department Lot 9 Capital Control GAS Chlorine meters various model WWTP Lot 6 Capital Control covers WWTP 2009 AUCTION ITEMS ATTACHMENT A Resolution No. 2009 -42 -44- Me cery of KENAI SKIT A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO OSHKOSH CORPORATION FOR A STRIKER 3,000 GALLON AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE FOR THE TOTAL AMOUNT OF $888,081 FOB KENAI WHEREAS, KMC 7.15.050 (6) allows the City to purchase equipment under a contract of another governmental agency; and, WHEREAS, the State of Alaska Department of Transportation, awarded a competitive bid to Oshkosh Corporation for equipment that meets our specifications; and, WHEREAS, Oshkosh's price under the State of Alaska Department of Transportation contract is significantly less than our estimated cost and award to this bidder is in the best interest of the City; and, WHEREAS, FAA has approved the funding; and, WHEREAS, sufficient monies are appropriated in the Airport Improvements Capital Project Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract for a Striker 3,000 Gallon Aircraft Rescue and Fire Fighting Vehicle be awarded to Oshkosh Corporation for the total amount of $888,081 FOB Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2009 -43 New Text Underlined [DELETED TEXT BRACKETED' -45- Suggested by: Administration PAT PORTER, MAYOR HEN ALASKA A RESOLUTION OF THE COUNCIL OF THE CITYY OF KENAI, ALASKA, TRANSFERRING $281,935 IN THE WELLHOUSE 4 CAPITAL PROJECT FUND FOR ADDITIONAL ENGINEERING SERVICES. WHEREAS, additional engineering services approved by the State of Alaska Division of Water, Municipal Grants and Loans are needed; and, WHEREAS, funds are available in the construction account for transfer to the engineering account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Wellhouse 4 Capital Proiect Fund From: Construction $281,935 To: Engineering 5281,935 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July 2009. A Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 2009 -44 PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACItETEDI -46- Suggested by: Administration Mc 4 of KENAI. AMU A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE STATE OF ALASKA, DEPARTMENT OF' ENVIRONMENTAL CONSERVATION (ADEC) GRANT FUNDS FOR THE PROJECT ENTITLED, NEW WATER TRANSMISSION MAINS (PHASE II), WELL HOUSE, WELLS, AND RELATED IMPROVEMENTS" AS THE NUMBER ONE LOCAL STATE FUNDING PRIORITY FOR FISCAL YEAR 2011. WHEREAS, the City of Kenai, through the State of Alaska, Department of Environmental Conservation, may designate local priority projects for State funding; and, WHEREAS, the State of Alaska, Department of Environmental Conservation has requested that the City of Kenai identify if this project is the community's number one local state funding priority for fiscal year 2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, designates the New Water Transmission Mains (Phase II), Well House. Wells, and Related Improvements as the number one local state funding priority for Fiscal Year 2011. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. ATTEST: Carol L. Freas, City Clerk CITY OF KENAI RESOLUTION NO. 2009-45 -47- Suggested by: Administration PAT PORTER, MAYOR eu'fyuf KENAI, ALASKA MEMO: 'Villa" with a Past, Ci y with a Future" '111' 1592 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: July 8, 2009 SUBJECT: State of Alaska, ADEC Municipal Matching Grant Applications for SFY 2011 Administration has included a placehoider for Council support of a Resolution in your packet. This program continues to advance the deadline for grant application (August 3` this year) so we need to have a resolution for your consideration in this packet. Administration will submit a substitute resolution providing specific information for the proposed project(s). Thank you for your attention in this matter. Me eery of KENAI. ALASKA CITY OF KENAI RESOLUTION NO. 2009 -45 SUBSTITUTE Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION (ADEC) GRANT FUNDS FOR THE PROJECT ENTITLED, "KENAI MUNICIPAL WASTEWATER TREATMENT PLANT UPGRADES, AND RELATED IMPROVEMENTS" AS THE NUMBER ONE LOCAL ADEC FUNDING PRIORITY FOR FISCAL YEAR 2011. WHEREAS, the City of Kenai through the State of Alaska, Department of Environmental Conservation requests grant funding under the Municipal matching Grant (MMG) program; and, WHEREAS, the State of Alaska, Department of Environmental Conservation has requested that the City of Kenai identify if this project is the community's number one funding priority for Fiscal Year 2011; and, WHEREAS, the City's wastewater treatment plant requires upgrades and /or replacement of the belt filter press, digester blowers, basin blowers, the construction of an expanded facility to accommodate laboratory facilities and related improvements; and, WHEREAS, these improvements will safeguard public health and safety. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, designates the New Water Transmission mains (Phase II), Well House, Wells, and Related Improvements as the number one local state funding priority for fiscal year 2011. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2009. Al l EST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Short Terre Upgrades: Problem: The City needs to have redundant equipment for critical systems at the Wastewater Treatment Plant (WWTP). Additional equipment spares would greatly improve system reliability and security for a vital public health function. The replacement of variable speed basin blowers would be significantly more energy efficient. Equoprnent Cost Belt Filter Press (1.2 meter Klampress) 1 5255,190 (WVVTP has one (1) press and needs a back -up) (Includes shipping from Texas) Digester Blowers (VWVTP operates one 2 $90 180 (1) on -line and one stand -by; want to replace both blowers ($40,690 each net) 2,250 lbs. From Indiana; $8,800 estimated shipping Basin Blower (VVWTP operates two (2) 2 $100,000 on -line with one spare; want to replace current (2) two blowers with variable speed (Estimated) Total: $415 370 Long-term a✓'^9WTi P Upgrades: Problem: The installation of the second belt filter press in the portion of the Control Building which is already plumbed for the machinery will displace VVVUTP used for laboratory and equipment repair spaces. Solution: Expand the Control building 20' x 50' to accommodate lost laboratory and equipment repair space and also prove cover for the Vector Truck pit. Estimated square footage is 1,000. With building costs estimated to be $140/square foot, the total cost for expansion would be $140,000. AKDEC Municipal Matching Grant SFY 2 010 page 6 Substitute Resolution 2009 -45 Page Sub -1 The totals for this of Kenai is: Submitted: 15 July 2008 nicipa! /4atching Grant (i G) (SFY 10) request for city Wastewater Treatment Plant Upgrades: $415,370 AKD c 9b ufflci FY 2010 Page 7 Substitute Resolution 2009 -45 Page Sub -2 Please complete a questionnaire for each project you want considered for a loan from the Alaska Clean Water Fund (ACWF). Please familiarize your self with the ACWF Criteria before completing this questionnaire. STEP 1 MUNICIPALITY INFORMATTON Proposed Project Project Title: Municipality or Entity: Contact Information Your Name: Position: Phone Number: Address 1: Address 2: City: Zip: Rick Koch City Manager (907)283 -8222 STEP 2 PROJECT INFORMATION ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION ALASKA CLEAN WATER FUND STATE REVOLVING FUND FISCAL YEAR 2009 POINT SOURCE PROJECT QUESTIONNAIRE Kenai Wasewater Treatment Plant (WWTP) Upgrades City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Project Scope Please check the appropriate category(s) of your project's scope and then describe your project: X New Wastewater Treatment Facility Rehabilitation or Expansion of an Existing Wastewater Treatment Facility Construction of a New Wastewater Collection System Rehabilitation or Expansion of an Existing Collection System Construction of a New Wastewater Discharge System Rehabilitation of an Existing Wastewater Discharge System Other: Project Description: This project will replace the old belt filter press, digester blowers, and basin blowers. Substitute Resolution 2009 -45 Page Sub -3 STEP 3 PUBLIC HEALTH CONSIDERATIONS (0 350 POINTS): Purpose Please describe and select from one of the following the most appropriate category explaining the public health need for this project. In addition, provide any documentation (ref. attachment list at bottom of page) of disease events this project will correct if available. Type of Public Health Project (select one)? 11. A human disease event exists, documented by a recognized public health authority. Construction of this project will correct the problem. (350 Pts.) 1 2. Current conditions are severe enough that a disease event can occur, But has not been reported. This project will resolve the problem. (300 Pts.) X 3. Conditions are not probable that a disease event will occur. This project will minimize potential future public health problems. (200 Pts.) j 4. This project has no significant health related issues, (0 Pts.) Description: Replacement and upgrade of this equipment will p pq_ help ens the WWTP remains in compliance with our NPDES permit. Step Guidance Choice 1: A human disease event exists, documented by a recognized public health authority. Construction of this project will correct the problem. 350 pts Choice 2: Current conditions are severe enough that a disease event can occur, but has not been reported. This project will resolve the problem. 300 pis Choice 3: Conditions are not probable that a disease event will occur This project will minimize potential future public health problems. 200 pts Document on fi with ADEC Document is attached Document to be mailed or faxed Attachments: Title: Date: Title: Date: Title: Date: Substitute Resolution 2009 -45 Page Sub -4 STEP 4 WATER QUALITY CONSIDERATIONS (0 250 POINTS): Purpose Please describe and select from one of the following the most appropriate category explaining the water quality or pollution problems this project will address. Note if this project specifically will address problems within 303 -d listed waters. In addition, provide any supporting documentation if available. (Web Site for 303 -d Listed Waters http: /www.dec. state. ak. us water wqsar /waterbody (2004_ir_final.pdf) Water Bodies Affected by Pollution (select one) This project will correct a documented pollution event in a: 1. 303 d listed High Priority Water (250 Pts) i 2. 303 d listed Medium Priority Water (240 Pts) 3. 303 d listed Low Priority Water (230 Pts) 4. Non -303 d listed Water (220 Pts) OR Current conditions are severe enough that a pollution event can occur, but has not been reported yet. This project will correct the problem in a: 5. 303 d listed High Priority Water (230 Pts) 6. 303 d listed Medium Priority Water (220 Pts) 17. 303 d listed Low Priority Water (210 Pts) 8. Non -303 d listed Water (200 Pts) OR This project will minimize a Pollution Event or have a Minimal Impact: 9. This project will minimize the potential for future pollution events (100 Pts) 10. This project will have minimal impact on future pollution events (0 Pts) Description: Substitute Resolution 2009 -45 Page Sub -5 Purpose Step Guidance The project will either correct a documented pollution event or prevent one from occurring due to the severity of current conditions. Additionally, this pollution event or the high probability of an event may o may not impact a 303 d listed water body. Considerations are as follows. Documented Pollution Event 1) 303 d listed High Priority Water (250 pts) 2) 303 d listed Medium Priority Water (240 pts) 3) 303 d listed Low Priority Water (230 pts) 4) Non-303 d listed Water (220 pts) OR Severe Conditions for a Pollution Event to Occur 5) 303 d listed High Priority Water (230 pts) 6) 303 d listed Medium Priority Water (220 pts) 7) 303 d listed Low Priority Water (210 pts) 8) Non -303 d listed Water (200 pis) OR Minimize a Pollution Event or Minimal impact 9) The project will minimize the potential for future pollution (100 pts) 10) This project will have minimal impact on future pollution events (0 pis) Document on fife with ADEC Attachments: Title: Title: Title: Freshwater /groundwater Document is attached STEP 5 RECEIVING WATER USE (0 10 POINTS): This project addresses adverse impacts to (select one): 1. Drinking water or food processing (10 Pts) X1 2. Propagation of fish, shellfish, etc., as a food source (5 Pts) j 3. Water contact recreation (2 Pts) 4, This project will not significantly address any adverse water quality Impacts (0 Pts) Substitute Resolution 2009 -45 Page Sub -6 Document to be mailed or faxed Date: Date: Date: Please describe and select from one of the following the most appropriate category that explains the type and use of receiving Waters this prdjectwillaffect. OR Marine waterslestuaries 5. Propagation of fish, shellfish, etc., as a food source (5 Pts) r 6. Water contract recreation (2 Pts) Description: STEP 6 LOCAL INITIATIVE CONSIDERATIONS (0 50 POINTS): Purpose Please describe the status of the project. Indicate whether the project has already begun construction, or whether a facility plan, plans and specifications, or a feasibility study has been completed. Local Initiative that has been accomplished (select one): 7. This project will not significantly address any adverse water quality Impacts (0 Pts) 1 1. This project will complete a project that has already begun construction and has completed an environmental review. (50 Pis) 2. This project has completed the facility planning process. (40 Pts) f 3. Engineering plans have been prepared. (30 Pts) XI 4. A feasibility study for this project has been prepared. (20 Pts) 5. No planning or study document has been completed. (0 Pts) Description: Substitute Resolution 2009 -45 Page Sub -7 STEP 7 FUNDING COORDTNATBON (0 15 POINTS): PURPOSE Will this project use other state, federal or local funds? X] Yes (15 Pts) L_J No (0 Pts) If yes, please describe how other funds, if any, will be used in this project. Descriptor): Local funds will be used for design en STEP 8 ABILITY TO REPAY (0 20 POINTS): Purpose Please describe and select one or both of the following categories on how this loan will be repaid and note any financial measures that are in place at the moment. Repayment Options 1 X 1. A viable repayment source has been identified, (10 Pts) 2. Financial instruments, ordinances, agreement, etc., Are in place to assure repayment. (10 Pts) 3. Not yet determined. (0 Pts) Description: Substitute Resolution 2009 -45 Page Sub -8 1 4 8 nq activities eer STEP 9 AFFORDABILITY CRITERIA (5 15 POINTS): Purpose Please indicate how many people this project will benefit by showing the loan cost to population ratio. Cost /population ratio X 1.$0- 400 /person (15PIs.) 2. $401 4,000 /person (10 Pts.) 3. $4,000 /person (5 Pts.) STEP 10 PROJECT COST (NO POINTS): Purpose Please provide an estimate of total project costs. These costs can be documented by an engineering cost analysis or feasibility study. If so, please provide a copy. Estimated Project Costs: Administration Project Design Engineering Management /Inspection Construction Equipment Other (Contingency) Total Costs (Sum of above) Cost Estimate By: Name Title or Position Organization Phone Number Document o Attachments: Title: Cost Estimate Title: Title: Rick Koch City Manager City of Kenai (907)283 -8222 le with ADEC X 0 20,000 20,000 0 415,730 50,000 505,730 Document is attached Substitute Resolution 2009 -45 Page Sub -9 Document to be mailed or faxed Data 2/17/2009 Date: Date: STEP 11 -OTHER PROJECT INFORMATION Purpose Please provide answers to the following questions. Total Loan Request: Considering that an ADEC loan can be up to 100 percent of total eligible project costs, how much wiU' your loan request to ADEC be for this project? 4 86, 000 Construction Begin Date: If funds were made available for this project, when do you estimate construction would begin? Date: October 2009 Loan Commitment Date: When do you estimate a loan commitment could be made? Date: October 2009 THANK YOU FOR COMPLETING THE ACWF: POINT SOURCE LOAN QUESTIONNAIRE Please mail or fax (907- 465 -5177) the questionnaire and attachments to the following address Alaska Department of Environmental Conservation Municipal Grants Loans P.O. Box 111800 410 Willoughby Avenue, Suite 303 Juneau, AK 99811 -1800 Substitute Resolution 2009 -45 Page Sub -10 t as etS 0 0 0 0 0 00 rs N N N N, 0 N W i S u1 f-t V N to N ni al <0 h Ln a. N t\ 01 x VI- 000000000 co N O N (0l N V1 l) m r.1 C' ti .n in 0 00 N 0 rV Cr; to to 0 N 0 i N- r- r rn m +n <0 Ld. ett o o 0 o c o 0 0 0 co 0 0 0 0 0 0 0 0 0 0 0 0 o co O N on o O O u■ O s O O O cc; O .-i C t0 0 0 r. O Q r-+ 0, O c0 ,_I O O e4 O O O vi O N O CO O O O r. tD h co m W wt 0 O 0 O 0 :D' CO Ltt r; 0 to N :G P. CO O 0 M m LO .-I CU 0 N N NI O r v V N L. 0 yy qq him 0 VF 'V) N V) to), +h an N Ui V1 id" on, VT 4® CI LO u U U U U 4) U V a o o- 0 U.3 0 0 0 0 G 0 2 a G 0 g o v 'C c v E N v to 0 0 vs g p, w E o a c 2 2 p `a z 1- W t c rn H v c 3 2 O o Q To" va v G u or o. v 7 a a m m o a v t m w 'm 'N d u u y c m 2 g' O O G .G G C Y TO 6 ro N O ry m m °i CC 3 3 3 0 U' V' 49 U' E 7c 2 2 2 2 o z- 0 0 0 o 0 0 0 0 O 0 M t Q LL LL u LL L u LL to LL 1n al V) Ul {n N Substitute Resolution 2009 -45 Page Sub -11 SPY 2010 Cost Estimate ADEC Municipal Matching Grant Program 7/14/2009 Project Component Unit Number Cost Item Description Unit Quantity Cost Sub -Total 1 New Production Well No. 4 and We llhouse 16" Well LF 450 250 112,500.00 Well Development HR 60 300 18,000.00 Well Screen LF 100 500 50,000.00 Well Pump EA 1 15,000 15,000.00 Class A Water Quality Testing EA 5 2,500 12,500.00 Duplex Pressure Pumps LS 1 60,000 60,000.00 Yard Piping LF 600 300 180,000.00 Pressure Tank LS 1 15,000 15,000.00 Standby Power LS 1 150,000 150,000.00 50,000 Gal Storage Tank GAL 50,000 2.50 125,000 00 New Well House SF 1,200 200 240,000.00 Access Rd and Site Improvements LS 1 100,000 100,000.00 Electrical Controls Switchoear LS 1 350,000 350,000.00 Wellhouse Piping LS 1 50,000 50,000,00 Chlorination Equipment LS 1 75,000 75,000.00 Construction 1,553,000.00 Design 10% 155,300.00 Construction Administration 12% 186,360.00 Contingency 10% 189,466.00 Total 2,084,126.00 2 Upgrade Existing Well No. 2 Pumps and Equipment Demolition LS 1 20,000 20,000.00 VFD Well Pump EA 1 25,000 25,000.00 Upgrade Pressure Pumps and Piping LS 1 75,000 75,000.00 Upgrade Electrical Controls LS 1 30,000 30,000.00 Upgrade Chlorination Equipment LS 1 75,000 75,000.00 Construct New 16 Water Main From Well 2 to Lawton Drive 8 Swires Road New 16" HDPE Water Main, Beaver Loop (Kenai Spur Hwy to Lawton Drive) and Lawton Drive (Beaver Loop to Swires Road) LF 10,500 300 3,150,000.00 Road Boring EA 1 50,000 50,000.00 Page 1 of 3 Substitute Resolution 2009 -45 Page Sub -12 Construction 225,000.00 Design 10% 22,500.00 Construction Administration 12% 27,000.00 Contingency 10% 27,450.00 Total 301,950.00 Construction 3,200,000.00 Design 10% 320,000.00 Construction Administration 12% 384,000.00 Contingency 10% 390,400.00 Total 4,294,400.00 Project Component Number SFY 2010 Cost Estimate ADEC Municipal Matching Grant Program Cost Item Description 7/14/2009 Unit Unit Quantity Cost Sub -Total 4 Replace 10" AC Water Main with 10" HOPE Water Main Upgrade 10" HDPE Water Main Kenai Spur Highway (Well No. 1 to Lawton Drive) and Swires Road (Kenai Spur Hwy to Lawton Drive LF 3,200 275 880,000.00 Construction 880,000.00 Design 10% 88,000.00 Construction Administration 12% 105,600.00 Contingency 10% 107,360.00 Total 1,180,960,00 5 Construct New 16" Water Main Along Bridge Access Road from Kenai Spur to Beaver Loop New 16" HDPE Water Main, Bridge Access Road (Kenai Spur Highway to Beaver Loop Road) LF 7,000 300 2,100,000,00 Construction 2,100,000.00 Design 10% 210,000.00 Construction Administration 12% 252,000.00 Contingency 10% 256,200.00 Total 2,818,200.00 6 Construct New 10" HDPE Water Main Along Swires Road From Kenai Spur to Lawton Drive Upgrade 10" HDPE Water Main Kenai Spur Highway (Well No. 1 to Lawton Drive) and Swires Road (Kenai Spur Hwy to Lawton Drive LF 2,500 275 687,500.00 7 Construct New 16" Water Main Along Beaver Loop Road from Bridge Access to Lawton Drive New 16" HDPE Water Main, Bridge Access Road (Kenai Spur Highway to Beaver Loop Road) LF 17,800 300 5,340,000.00 Road Boring EA 1 50,000 50,000.00 Page 2 of 3 Substitute Resolution 2009 -45 Page Sub -13 Construction 687,500.00 Design 10% 68,750.00 Construction Administration 12% 82,500.00 Contingency 10% 83,875.00 Total 922,625.00 Construction 5,390,000.00 Design 10% 539,000.00 Construction Administration 12% 646,800,00 Contingency 10% 657,580.00 Total 7,233,380.00 SFY 2010 Cost Estimate ADEC Municipal Matching Grant Program Project SUMMARY Component Number Phase /Component Description Sub -Total 1 New Production Well No. 4 and 1Nel!house 2,084,126.00 2 Upgrade Existing Well No. 2 Pumps and Equipment 301,950.00 Construct New 16" Water Main From Well 2 to 3 Lawton Drive Swires Road 4,294,400.00 Replace 10" AC Water Main with 10" HDPE Water 4 Main 1,180,960.00 Construct New 16" Water Main Along Bridge Access 5 Road from Kenai Spur to Beaver Loop 2,818,200.00 Construct New 10" HDPE Water Main Along Swires 6 Road From Kenai Spur to Lawton Drive 922,625.00 Construct New IT Water Main Along Beaver Loop 7 Road from Bridge Access to Lawton Drive 7,233,380.00 Page 3 of 3 Substitute Resolution 2009 -45 Page Sub -14 Total for All Phases /Components 18,835,641 00 Less Unspent/Unencumbered Funding in Existing Grants with Municipal Match ADCCED 08 -RR -022 ADCCED 07 -DC -231 ADEC 47547 ADEC MMG SFY 2008 ADEC MMG SFY 2009 Total Additional Funding required to Complete Project Components One Through Three Additional Funding required to Complete Project Components One Through Four Additional Funding required to Complete Project Components One Through Five Additional Funding required to Complete Project Components One Through Six Additional Funding required to Complete Project Components One Through Seven 7/14/2009 (50.000.00) (121,795.56) (2,086,161.53) (1,254,000.00) (1,397,250.00) (4,909,207.09) 1,771,268.91 2,952,228.91 5,770,428.91 6,693,053.91 13,926,433.91 C C tj 0 0 0 h 0 G7 w� m 0 C V 0: O N d Y y 0 0 re n- as as N N ,G O u o o 0 N w 0 0 0 r as 0 0 as a> 25,000.00 G) y 0 O G N O O U. 0 0 0 0 0 0 ra 0 V N 0 0 0 LL N N b M 0 CO 0 3 h t" G W Y N CI h c S a G m 2 w Y as as N 7- o O G O LL 0 0 O M O 10 0 as N 0 M N 0 O N 4a t0 O t 0 0 N CO' t0 as a> B3030.00J N 0 y 0 O N N N N C C L OO N u en UY tC o (0 va w 0 o a O O u 0 0 N N h 14 0 0 0 n H 0 0 N t r w i9 00Z6Z`t'Z L- 'et 0 v usa c 0 0 'T d ''y 0 0 n 0 0 t 0 a N o G 0 144 L. 0) (0 A 0O bi fA D G O l 0 0 0 0 0 V' N f9 0 m CO 0) 0 CO N 4f 0 CO 0 0 to 14 00'000 EVZ 0 N 07 O ca 0o 0 0 m u o L V' Oa 3 O LL as 4a O CI 5 U Q G O Q LL 0 0 05 0 6 7- M 0 0 1 m Cc 4> 0 n: m as 43 00'000'0$4 1 V 4 0 .a co c Q y 0 V o a 6 p N W 0 U c U 9 0 Q LL' 0 00 0 0 cm N 0 0 0 N N 44 4a 00'000 10 D W C o.. r N N 40 0) h M N 4a K 84 "6S9`4E Grant Grant Amont Local Amount Funds Expended Total 1 TOTALS Substitute Resolution 2009 -45 Page Sub -15 o o O 0 try Ca Oto h o E N c c to r roc O V U 0 0 a 0. 0 0 N- E o Q c w w M O W M a 64 64 M OJ r N r' wt 0 t N M 69 to T P 0 O 69 1,040,000.00 L. on o Y c o 6 N c O a Z p O N Q o oS 2 cZ c E. 0i N c U 0 0 O U r9 S O 0 0 O 0 N en O o 0 H w N m 0 C w N vi ss 00'000`OLZ N O 0 O C to o an u. c N N Q O tC o. N Z U. U a Q69 0+ O o to N N v. 10 O M M a N to 0? M to Q 7 co N «n 49 DO'OSZ`66Z N C c 0 h w c E c u m U. y N 6 iv N 0 N ri Q Z &Stn 5.c 0 c +n m or u. K (7 0 0 N ri m t 0 t7 c'i t0 N m m m to 653,297.80 C w c O p 0 -I c 5 U o o 0 a° icYa g Q LL ma wss O o m w 0 w M o us w 00'000`96 $I, 9 o U a, ry M 0 O y} d°° la p g d O N o v U y u yr w O O c N O O h N w O O N ci w 49 25,900.00 O O 0 7 O o a V 0 Z c c r s o d LL U' ut ea O O O 0 46 en M O h co M r es N 0 N la w w 00'000`SV6 c pr 0 0 o c 0 m bi 0 o 0 N lH H 00'000`68 Grant Grant Amont Local Arnount Funding Agency Fund Project Name /Description Funds Expended Total TOTALS Substitute Resolution 2009 -45 Page Sub -16 dto db o F- 't R OJ r Q t 0 u. N0] N LL o M M N o T 00 698 4 21 d 0 0 n 0 0 N O of O N co 0 N O y h co N P. C co o M N Q O 47 y LL G O u. o m o LL O E- 0 4 M ea 49 O O O c0 h ai a ea O M O m NT 0 ur N n IN. co CS 69 CO 558,769.00 1 2, 0 w F d N f O 0 co E p r 0 M> 3 0 u` r O 3 r C a N LL 3 K 4a w 0 N o a Le? r. N 0 ea dh' O t0 a 49 00t6VL0G v c o y r o ca es Eh. 4J O j M 0 y o h Q C o C Q at0 N CO L Lc d 0-' (A K a, m m '0 N 49 o o x m N N 49 N 4L 255 N h 0 0 E 0 0 0 L r (f O h N C V M O 4. d N 0 O V m h 0 Q C N 0 i i Q M o 0ccF u. am 10 0, o LL E N O ce M {tit. Hi O O N N N m V 60 c0 M '0 0 O o t6 4Y (0 (0 M M N 00 4H fA 00'622'9U'6 0 cp 0 0 y O O O Q .'Q O W W N W C 0 0 d N C w E O O o Q M N d OP N Q -p O T OC 0 LL =0 3 ao LL c 4 o LL' M to o 0 Co co 0 M N 07 0i w 0 O c0 0 M O O 69 vt 4v 00'99f`2966 op 0 CL a a 416 M d N 0 W V W c0 05 O] M 6A to 90141£'191 Grant# Grant Amont Local Amount Funding Agency Fund Project Name /Description Funds Expended Total TOTALS Substitute Resolution 2009 -45 Page Sub -17 x 0 6 0 '?i E N V Q� O a 03 M N C 0 M N C t W N M r< t' .O'S,' a m u C 0 00 t L a EN d CC vs s 0 co N C N s Q O N r N vs CO N 0 ER en IC 0 2 O F N Q 2 it m c a y 9 p, o co LL by EA 0 o m N. iR 4' 0 O m 0 OR WE [00'886 0 0 0 0 R O O D r 0 O M W N O 00 N M O N C M C O O O O eejj M a Q tit N Q Q tf L4 3 O t'O Lc. O CV L O M eF fA 0 0 M M CR e- N R w 4' O O N O M 4. m 0 b L O M y N 10 K M N N c< 00 M e C Et N O Q a o Q .yN LL Q 0 LL C O G L O M vY fA c M N N OS co O N W t w o N M fH M O N N W W co N M 69 2,888,253.00_ a 0 m O F N t To N' O M 4 O 0 O Q 2 oa 0 3 LL of 44 0 O N 0 w w 0 r K O 10 ua 0 M O m c er va 00'966'81 .0 0 0 moo 0 a EN 0 ry se 9 0 0 v 0) v n m 0 n M 1n of CO o v <r LO 4' 42 00'££8'0pL Grant it Grant Amont Local Amount Funding Agency Fund Project Name /Description Funds Expended Total TOTALS Substitute Resolution 2009 -45 Page Sub -18 05 3 0 N O N r W N m E O V m m a o N to p a N O O t- w a Qu m E° w w w to w 0 0 0 o N us 00 9og o N 0 C n N to N p P N N r Z r M W 9 W V: 0 0 6 p S 00 NY eA 0 10 N Ob C tR M 00'000'9[1. O 00 C O 05 O 3 C C y O N U N o O aa N c to t- 0 n 00 Q c O L k C O t0 t O r r LL 49 u> W W 0 N 0 Cr; 49 n n 0 co en M O co., r C O O N w w 3,385,201.88, O 0E a N a— o N.' yn Q co IT A W v a m O m 0 0 c w 0 c w «n ce 147,180.00 Li. LL. O f N CC Q Y N r 0 M o t w o a° 4 c O a F N O r r 4 V! O. O 04 N. O N CO- Y 0 bi V f� N 49 49 22,972,00 y m°° U O O O i O C M f" N 65 tT N LL N N n N QMo K W C t0 a u C 3 0 O r CA 0t 0 CO n V N w M N t0 co co; cLL T 00 49- «n 895,927.00 v N M 40- 0 n N N W A 1,390.00 Grant Grant Amont Local Amount Funding Agency Fund Project Name /Description Funds Expended Total TOTALS Substitute Resolution 2009 -45 Page Sub -19 cif E.$0 0 o v d r c o 0 R w u, d tD a C O V) d L°1 W tO N O O C O N Q O. (O w r B O LL a 0 W R E 14 c an z o w v o N 43 *n 0 0 m a c0 on co 4s 00'0917'ssz Y C M O 0 l J N CT) o N W r, e p N Lt T U C O c (n p O w LL 'o O K a «n M C H 0) w 43 V n. O N M 4s W N 0 43 4r 4£' 449`Z6 1 N T ep .a 3 c r C2 m 6 m 8 7 o 2= R W co Q LL c 0 M W N P 0 cc co 43 r (4) in. M co O M 0O co a 0 N 4s W 888,562.42 j N p d 0 0 M O N 2 TN 0 U O 0 p To O O c Q LL o a a Vf a N M 0 v 49 N 0) 00(f n- 4. US VY ZZ*6£1`0914 d (9 o ro d d M O' p M E�' o tuna U O p M p C O aroE° ¢u 44 4b 0 O 0 S M a 0 tO h r w M v N 49 4i oor000`zz£ i a a 0 4.N O r p M N E 0 0 N c d U o 0 9 0 o E p r O 00 O.G LL 43 co °0 O 0 0 P fA 0 O O 0 n 43 ¢H f9 __790,000_00 04403;04 I-- cm r V r 04 m 0 w 0) tt N o M a w w 203,670.00 Grant Grant Amont Local Amount Funding Agency Fund Project Name /Oescription Funds Expended Total TOTALS Substitute Resolution 2009 -45 Page Sub -20 NJ w ai co 0 V W N t0 o O O Q T 0 .1.? M Eh iA a pi m lO N N N C 0 o ai CO h 0 N 4 N M o N Q N 04 N N W to Or YI N t0 +R 6 0 64 0` 5 8Z‘ S V C S LL. O N y O N U^ W O N U l7. q Q Ko 0 o d W Q m co N LL N A b6 N C CO is- D 0 N oi N N 4. lIY N to N r N M} U3 F(T sl`9G4`Z to C 9 0 0 W O LL yy LJ C }O V U O a Q K O 0 m CI 4 0 0 9 N LL N q c m 08 y C 02 f9 W O c N K M O r. N E9 M 00444'494`Z C y, O O .0 E m o r m o m ao�“ W o° O Y F..n Y 0NQ a h LL Y C 61. co N co 2 N C 0 K K 0 O w o, N P. ta. K b m o N R 0) K K 927,064.00) O0 0 �'C7 oo v w to u y N M W Q'o co y C W a CL t" R LL N R co 2 t c Kin 0 0 d h '0 C C' o K 0 c h 1 0 O M K K 3,045,714.00 0 0 9 a N W h^ R E� 0 U O) 2 0 0 r t- rn O O cymvq M. R LL C co 2 N c K K 0 Y N Q Y K O 0 N m as K.. LS 1,397,250.00_ O o •0 O O N N 0 C C c K O O N R O 0 ua K 967,540.00 Grant# Grant Amont Local Amount Funding Agency Fund Project Name /Description Funds Expended Total Unallocated to a Specific Project TOTALS Substitute Resolution 2009 -45 Page Sub -21 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 1, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: v'ww ci. ken .ai. ak us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 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- Publicati.on -Late Materials. (Clerk's Note: Ordinance No. 2347 2008, Substitute B was moved for adoption at the January 21, 2009 Council Meeting and subsequently tabled, no time certain, Within 60 days, items from the ordinance are to be incorporated into a suggested policy as well as art 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. 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. -49- 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. (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 FYI0 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 Runway Improvement Capital Project Fund for Additional Phases of the Airport Apron Pavement Rehabilitation Project. (Clerk's Note: Ordinance No. 2394 -2009 was postponed, no time certain, at the April 1, 2009 council meeting. The motion to adopt is active.) a. Ordinance No. 2394 -2009 (Substitute) Increasing Estimated Revenues and Appropriations by $107,983 in the Airport Fund and by S4,319,316 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). (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 -50- Therapists, Dry Cleaners and Self- Service Laundries to Have a Conditional Use Permit in the Limited Commercial Zone (LC). 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. 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. 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. II. 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. ITEM E: MINUTES 1. *Regular Meeting of June 17, 2009. 2. *May 18, 2009 Kenai City Council /Salmon Task Force Work Session Notes 3. *May 20, 2009 Kenai City Council Work Session Notes 4. *May 26, 2009 Kenai City Council Work Session Notes ITEM F: UNFINISHED BUSINESS -51- ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 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 14.25.045 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. 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 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. 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; Seward Meridian, Alaska. -52- 10. Approval Rental Agreement /Chevron North America Exploration and Production Company Office Space /Alaska Regional Aircraft Fire Training Center. 11. Approval City Attorney Contract /Krista Stearns 12. Discussion Salmon Task Force Findings /Proposed Natural Resources Commission. 13. Discussion Central Peninsula Multi -Use Facility ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (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.) -53- 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. 2398 -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 (10) 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.) EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk. ITEM M: ADJOURNMENT -54- Rick Ross Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley Joe Moore Barry Eldridge ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: Student Representative: Absent A quorum was present. A -3. The following changes were requested: MOTION: A -4. CONSENT AGENDA MOTION: KENAI CITY COUNCIL REGULAR MEETING JULY 1, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.alcus MAYOR PAT PORTER, PRESIDING ROLL CALL AGENDA APPROVAL MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1, PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. ADD TO: Item D -2, Ordinance No. 2365 -2008 Other municipality salary /benefit information. REMOVE: Item G -12, Discussion Kenai Task Force Findings /Proposed Natural Resources Commission Council Member Smalley MOVED for approval of the agenda with the changes requested and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. -55- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 2 Council Member Smalley MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -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. (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.) D -la. D- lb. MOTION TO AMEND: 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. 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. Council Member Molloy MOVED to amend Ordinance No. 2347 -2008 by substituting with Ordinance No. 2347 -2008, Substitute A. Council Member Smalley SECONDED the motion. MOTION TO SUSPEND THE RULES: Council Member Smalley MOVED to suspend the rules to hear Item D -7, Resolution No. 2009 -33 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. -56- Ross Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore Yes Eldridge No KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 3 VOTE: There were no objections. SO ORDERED. D -7. MOTION: MOTION TO AMEND: Resolution No. 2009 -33 Expressing Appreciation to State of Alaska Senator Torn 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. Mayor Porter read into the record Resolution No. 2009 -33 in the presence of Senator Wagoner. Council Member Eldridge MOVED for adoption of Resolution No. 2009 -33 and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -1, Continued Council Member Molloy spoke in support of the substituting of Substitute A, noting the major difference was the timeline for publication of the agenda. VOTE ON SUBSTITUTION: *Student Representative Johnson: Absent MOTION TO SUBSTITUTE PASSED. With Ordinance No. 2347 -2008, Substitute A on the floor, the floor was opened for public comment. There being no persons wishing to speak, the public hearing was closed. -57- Ross Yes Molloy No Boyle No Porter Yes Smalley Yes Moore No Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 4 Council Member Smalley MOVED to amend Ordinance No. 2347 -2008 (Substitute A) by removing page 22 (of the packet) from the substitute and replacing it with page 32 (of the packet) of Substitute B, the city manager's version (changing the publication timeline). Council Member Ross SECONDED the motion. Council /Administration comments included: Hesitation to codify the timeline. Better to include in the policies. s Policy would be approved by council If a change is needing to be made to the policy, it would require council approval, and be subject to public hearing. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED. MOTION TO AMEND: Council Member Smalley MOVED to amend Page 21 (of the packet) to delete Item L. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Smalley MOVED to amend by adding the reference to the removal of Section 2, (Page 30 and 31 of the packet), "KMC 1.15.050(c), Order of business, is repealed," including subsection C, "The councils agenda may be prepared by an appropriate administrative officer and when so prepared shall constitute the agenda -58- Ross Yes Molloy Yes Boyle Moore Yes Yes Porter Yes Smalley I Yes Eldridge Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 5 for that meeting. Agenda for special meetings will usually not include as many subjects as agenda for regular meetings." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Ross MOVED to include subparagraph 8 of Substitute B's policies and procedures as the new Section 1, Paragraph L of Substitute A. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED UNANIMOUSLY. It was noted, page 33, Substitute as Appearance Request Form, was included with the previous Ross motion related to the policies and procedure amendments. MOTION TO AMEND: Council Member Eldridge MOVED to amend Ordinance No. 2347 -2008, Substitute A, changing five days to three days in the fourth whereas. Council Member Moore SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent -59- Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore No 1 Eldridge Yes Eldridge Yes I Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore No Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 6 MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: "Student Representative Johnson: Absent MOTION PASSED. D -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. (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 F710 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.) MOTION: Council Member Smalley MOVED to take Ordinance No. 2365 -2008 from the table and Council Member Eldridge SECONDED the motion. VOTE ON TAKING FROM THE TABLE: "Student Representative Johnson: Absent MOTION TO TAKE FROM THE TABLE PASSED. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. -60- R oss Yes Molloy No Boyle No Porter No Smalley No Moore Yes Eldridge No Ross i Yes Molloy Yes Boyle j Yes Porter No Smalley Yes Moore No Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 7 Council comments included: Support to restore cuts made when Kmart closed. Council was well- compensated and other options could be considered, i.e. opting back into PERS, health insurance coverage, etc. Compensation for council /mayor may encourage more Kenai residents to run for office. The ordinance would not be effective until after the October, 2009 election. MOTION TO TABLE: Council Member Moore MOVED to table the ordinance until administration could provide other benefit options available instead of cash and stipends. Council Member Ross SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION FAILED. Council comments included: Adding benefits for council could be brought back at another time for discussion. A suggestion it be considered during budget discussions. Kenai was in an excellent financial position and the stipend would be enough. A 5500 stipend may not be enough to encourage people to serve on council. VOTE: *Student Representative Johnson: Absent MOTION PASSED. -61- Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle !Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 8 D 3. (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.) D -3a. 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. MOTION TO AMEND: 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. Council Member Smalley MOVED to amend Ordinance No. 2394 -2009 by substituting with Ordinance No. 2394 -2009, the substitute. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND PASSED UNANIMOUSLY. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. An explanation of the difference in the ordinances was offered, noting FAA gave the rest of the entitlement monies and discretionary funds of $2 Million. VOTE: *Student Representative Johnson: Absent -62- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 9 MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:04 P.M. BACK TO ORDER: 8:12 P.M. D -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 Peiinit 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). (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.) D -4a. 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).- MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2403 -2009 by substituting Ordinance No. 2403 -2009, the substitute. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Absent -63- Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Eldridge No Ross No Molloy No Boyle Yes Porter No Smalley Yes M.00re No Eldridge No KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 10 MOTION TO AMEND PASSED UNANIMOUSLY. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: The ordinance was sent back to the Planning Zoning Commission for separation of several items, i.e. automotive repair and the Townsite Historic zone issues. The substitute was what was recommended. Two new ordinances would address the two separated issues. Concern expressed that tattoo parlors and massage therapists were singled out, and concern those types of businesses would receive an unfair negativity. It was noted, the neighborhood requested those uses not be permitted in order to allow a closer review during the processing of a conditional use permit. MOTION TO AMEND: Council Member Boyle MOVED to delete the terms "tattoo parlor" and "massage therapists" from the ordinance. Council Member Smalley SECONDED the motion. It was noted, the intention of the motion was to have tattoo parlors and massage therapists be permitted instead of conditional uses. VOTE ON AMENDMENT: *Student Representative Johnson: Absent MOTION TO AMEND FAILED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Absent -64- Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore 1 Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 11 MOTION PASSED UNANIMOUSLY. D -5. MOTION: 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. Council member Eldridge MOVED for adoption of Ordinance No. 2418 -2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Smalley MOVED for adoption of Resolution. No. 2009 -32 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: -65- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 12 There were no objections. SO ORDERED. D -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. Moved and heard at the beginning of the meeting. D -8. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -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 MOTION: 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. Council Member Eldridge MOVED for adoption of Resolution No. 2009 -35 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections, SO ORDERED. D -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. MOTION: -66- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 13 Council Member Eldridge MOVED for adoption of Resolution No. 2009 -36 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included concern with an automatic contractual right to renew in 20 years given immediately with the lease and not earned. VOTE: There were no objections. SO ORDERED. D -11. MOTION: Resolution No. 2009 -37 Requesting the State of Alaska Amend the Alaska Statutes to Expand and Broaden Regulation of Smoking in Places of Employment. Council Member Eldridge MOVED for adoption of Resolution No. 2009 -37 and requested UNANIMOUS CONSENT. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included a note that "places of employment" is different than "places of work." VOTE: There were no objections. SO ORDERED. D -12. Resolution No: 2009 -38 Authorizing the City Manager to Enter Into an Automated Teller Machine (ATM) Concession Agreement for the Kenai Municipal Airport. MOTION: Council Member Eldridge MOVED to adopt Resolution No. 2008 -38 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. -67- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 14 VOTE: There were no objections. SO ORDERED. D -13. Resolution No. 2009 -39 Authorizing the City Manager to Enter Into a Fuel Dispensing Concession Agreement for the Kenai Municipal Dock. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -39 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council /administration comments included: The contractor would set the price of fuel instead of the city and there would be no limits. The contract would continue through September 2009, VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E-1. Regular Meeting of June 17, 2009 E -2. May 18, 2009 Kenai City Council /Salmon Task Force Work Session Notes E-3. May 20, 2009 Kenai City Council Work Session Notes E-4. May 26, 2009 Kenai City Council Work Session Notes All approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. -68- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 15 VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -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. Introduced with approval of the consent agenda. G -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 14,25.045 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. Introduced with approval of the consent agenda. G -6. Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non Conforming Uses to Expand. Introduced with approval of the consent agenda. -69- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 16 G -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. Introduced with approval of the consent agenda. G -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. Council stated no objections. G -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; Seward Meridian, Alaska. Council stated no objections. G -10. Approval Rental Agreement /Chevron North America Exploration and Production Company Office Space /Alaska Regional Aircraft Fire Training Center. MOTION: Council Member Eldridge MOVED for approval of the rental agreement between Chevron North America Exploration and Production Company and the City of Kenai. Council Member Moore SECONDED the motion. It was noted the utility costs were covered by the rental rate in the past, this was a good rate, and to break the agreement it would require mutual consent of both Chevron and the City. -70- Ross I Yes Molloy Yes j Boyle Moore Yes Yes Porter i Yes Smalley Yes Eldridge 1Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 17 VOTE: *Student Representative Johnson: Absent MOTION PASSED UNANIMOUSLY. G -11. Approval City Attorney Contract /Krista Steams MOTION: Council Member Eldridge MOVED for approval of the City Attorney Contract between the City of Kenai and Krista Stearns. Council Member Boyle SECONDED the motion. Council Member Smalley requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. 0-12. Discussion Salmon Task Force Findings /Proposed Natural Resources Commission. Removed from the agenda. G -13. Discussion Central Peninsula Multi -Use Facility Council Member Smalley explained the issue would be before the Assembly at its July 7 meeting and requested direction on the issue from council. Discussion followed with comments including: An amendment was expected to exclude the Nikisld Recreation Service Area from the proposed new service area. Do not exclude the City of Kenai from any vote on the proposition. Information should be provided to voters. Concern with Section 4 of the ordinance the issue should be approved by the voters and not by the council by ordinance. Concerns with assumption of revenue, make that information clear to voters, including the mill rate would continue to cover costs of maintenance, etc. Any exclusion of the proposed service area will have an impact on the mill rate and the size of the facility. No selection of a site had been made but would have to take place prior to the issue going to the voters. -71- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 18 ITEM H: COMMISSION /COMMITTEE REPORTS H Council on Aging Council Member Ross reported the July meeting had been cancelled. The next meeting would be held on August 13, 2009. H -2. Airport Commission Council Member Eldridge reported the next meeting would be held on July 9, 2009. 11-3. Harbor Commission Council Member Smalley reported the July meeting had been cancelled. 11-4. Library Commission Council Member Boyle reported the July meeting had been cancelled and the next meeting would be held on August 4. 1-1-5. Parks Recreation Commission Council Member Moore reported the next meeting would be held on July 2, 2009. 11-6. Planning Zoning Commission Council Member Molloy reported the minutes of the June 24, 2009 meeting was included in the packet and gave a brief overview of actions taken. 11-7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported a copy of the draft AML Policy Statement would be available for review in the Clerk's office. The Statement would be discussed at the August summer meeting to be held in Palmer H -7c. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge reported the June 16, 2009 meeting summary was included in the packet. H -7e. Kenai Convention Visitors Bureau Council Member Smalley gave a brief report on the June 29, 2009 meeting. H -7f. Reports of KPB Assembly, Legislators and Councils Council Member Smalley reported the next meeting would be held July 7, 2009. ITEM I: REPORT OF' THE MAYOR Mayor Porter reported she had attended the Little League closing ceremonies, the Special Needs barbecue and games; and the Kenai Classic. -72- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 19 ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: Thanked Council Member Molloy for his work on Ordinance No. 2347- 2008. Noted administration would like to bring Ordinance No. 2396 -2009 forward in order to put a process for public record requests in place as more requests were expected prior to the October election and a work session on the issue had been suggested but no date had been set. Council set a work session for 5:00 p.m. on August 5, 2009 prior to the council meeting. He would be meeting with Senator Murkowski's new Kenai office staff during the next week. Would bring discussion of the airport fuel flowage fee forward for the July 15, 2009 council meeting. J -2. Attorney Welcomed Krista Stearns. J -3. City Clerk No report. ITEM K: DISCUSSION K -1. Citizens (five minutes) None. K -2. Council Boyle Welcomed Ms. Stearns and thanked council for its donation to the 517 in his father's memory. Molloy Welcomed Ms. Stearns and thanked Clerk Freas for the information to assist council through the agenda. Ross Welcomed Ms. Stearns. Eldridge Welcomed Ms. Stearns and thanked the Parks Recreation Department for placing a picnic table by the Senior Center. Moore Welcomed Ms. Stearns. Smalley Welcomed Ms. Stearns and noted how pretty the city was looldng and thanked the Parks Recreation employees for taking such good care of the city. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) -73- Ross Yes Molloy Yes Boyle Yes Porter Yes i Smalley Yes Moore Yes Eldridge Yes KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 20 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. 2398 -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 (10) 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.) EXECUTIVE SESSION Annual Evaluations of City Manager and City Clerk. MOTION: Council Member Ross MOVED to convene in an executive session of the Council of the City of Kenai, to conduct the annual evaluations of the City Clerk and City Manager, matters that could prejudice the reputation and character of another. Council Member Eldridge SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. TO EXECUTIVE SESSION: 9:30 P.M. BACK TO ORDER: 12:05 A.M. (July 2, 2009) -74- KENAI CITY COUNCIL MEETING JULY 1, 2009 PAGE 21 Council Member Ross reported the council met in an executive session to discuss evaluations of the City Clerk and City Manager. Both received positive evaluations which Mayor Porter and Vice Mayor Ross would be discussing with them at a later time. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 12:06 a.m., July 2, 2009. Minutes submitted by: Carol L. Freas, City Clerk ¶he student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a. vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -75- a 0 0 0 z z 2 CD 0 w J_ 0 0 0 a 2 m J 0 0 a z 0 a W 2 r -76- 0 E EC 0 w 9 0 cc a n. a V 2 O U 0 W W 2 2 0 s O .N O o J c W O re re W cc Q 0 W N a v a w w x 0 O co 0 z 2 9 W CD z a 2 o o 0 o o 0 o o o cv of n -77- CITY OF KENAI ORDINANCE NO. 2424 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S426.25 IN THE GENERAL FUND FOR THE POLICE DEPARTMENT TO PURCHASE A NEW GLOCK DUTY PISTOL FROM ASSET FORFEITURE FUNDS PROVIDED TO THE CITY OF KENAI. WHEREAS, the Kenai Police Department works cooperatively with the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) in statewide drug enforcement efforts that directly impact the City of Kenai; and, WHEREAS, on June 11, 2009, the City of Kenai received three asset forfeiture sharing checks totaling $426.25 from the State of Alaska ABADE unit; and, WHEREAS, the department intends to use the asset forfeiture funds to purchase a Glock duty pistol to be issued to a patrol officer. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Forfeiture ATTEST: $426.25 Increase Appropriations: Police Small Tools $426.25 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August, 2009. Carol L. Freas, City Clerk Approved by Finance: 7. New Text Underlined ;DELETED TEXT BRACKETED _78_ PAT PORTER, MAYOR Introduced: July 15, 2009 Adopted: August 5, 2009 Effective: August 5, 2009 Memorandum Kenai Police Department To: Rick Koch, City Manager From: Gus Sandahl. Chief of Police Date: 7/8/2009 Re: Request for Ordinance Increasing Revenues and Appropriations for Police, Small Tools The Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) made an Equitable Sharing payment in the amount of $426.25 to the City of Kenai via three checks on June 11, 2009. The amounts on the checks were for $225.00, $9.00, and $192.25. These funds were related to asset forfeitures from three different defendants in 2006 and 2007 criminal cases on the Kenai Peninsula. I am requesting an Ordinance to appropriate these funds in the General Fund Police Small Tools account to help pay for a new Glocic pistol, which will be issued to a patrolman. A new Glock pistol costs approximately $500. Page 1 -79- Suggested. by: Planning and Zoning Commission CITY OF KENAI ORDINANCE NO. 2425 -2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 14.20.255 ESTABLISHING A PROCESS FOR THE REGULATION 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 ARE A CONDITIONAL USE IN THE RURAL RESIDENTIAL (RR) AND CENTRAL MIXED USE (CMU) ZONES. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning does not contain a comprehensive regulation of the establishment and placement of communications towers in its zoning code; and, WHEREAS, due to the proliferation of cell phone use within the United States and Alaska there is a rapid growth in the number of communications towers being established; and, WHEREAS, the Federal Telecommunications Act of 1996 places limitations on the mariner in which local governments may regulate communications towers; and, WHEREAS, it is in the best interest of the City of Kenai and its citizens to enact an ordinance regulating the establishment and placement of communications towers within the City's boundaries that is in conformance with the Federal Telecommunications Act of 1996. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that; 1) the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered KMC 14.20.255 as shown in Attachment "A" and 2) KMC 14.22.010 is amended as shown in on Attachment "B." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August, 2009. ATTEST: Carol L. Freas, City Clerk New Text Underiined[ [DELETED TEXT BRACKETED] PAT PORTER, MAYOR Introduced: July 15, 2009 Adopted: August 5, 2009 Effective: September 5, 2009 Ordinance No. 2425 -2009 Attachment "A" Page 1 of 7 KMC 14.20.255 Communications Towers and Communications Antenna(s). (a.) The purpose of this section is to establish a process, rules and standards for the construction of wireless telecommunication facilities to: (1) Protect and promote the public health, safety and welfare. (2) Provide guidelines for the siting and design of wireless communication facilities. (3) Protect the city's environmental resources and to minimize adverse impacts on visual resources. (4) Ensure that wireless telecommunication facilities are compatible with adjacent land uses. (5) Minimize the number of towers by encouraging the joint use (co- location) of facilities and by maximizing the use of existing towers and structures. (6) Allow competition in telecommunications service. (7) Enhance the ability to provide wireless telecommunication services to city residents, businesses and visitors. (b) Definitions. For purpose of this section, the following definitions apply: (1) "Communications tower" means a tower, monopole, pole or similar structure which supports a telecommunications antenna operated above ground in a fixed location, free standing, guyed, or on a building or other structure. An amateur radio tower is not a "communications tower" under this section. (2) "Communications Antenna(s)" means any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omni directional or whip antennas and directional or panel antennas, owned or operated by any person or entity required to be licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas. (3) "Carrier on Wheels or Cell on Wheels (COW)" means a self contained site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle mounted and contains a telescoping boom as the antenna support structure. (4) "Height" of a communications tower is the distance from the base of the tower, including any foundation, to the top of the structure. (5) "Stealth Communications Facility" means any telecommunications tower /antenna that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer. (c) Permits. (1) Administrative Permit. -81- Ordinance No. 2425 -2009 Attachment "A" Page 2 of 7 (A) If allowed as a principal permitted use under I0./1C 14.22.010 a communications tower shall be pe a itted by the Planner upon a determination that all of the applicable conditions of this section have been met. (B) Permitted height above structure. In all zones, the Planner may issue a permit for a communications tower to be mounted on an existing building, or structure other than a free standing or guyed communications tower, as long as it does not extend more than thirty (30) feet above the highest part of the structure and the applicable conditions of this section have been. met. For example, if a building was constructed to its maximum allowed height of thirty -five (35) feet in a zone, a communications tower /antenna may be placed on it provided that it is not more than thirty (30) feet above the highest part of the building. (2) Conditional Use Permit. If allowed as a Conditional Use under KMC 14.22.010 and after notice and public hearing as set forth under KMC 14.20.280, a communications tower shall be permitted by the Planning and Zoning Commission upon a determination that all of the conditions of this section and KMC 14.20.150 have been met. (3) Application requirements. A written narrative shall be submitted with the application explaining why the proposed site has been chosen, why the proposed telecommunication facility is necessary, why the requested height was chosen, ability of the facility to accommodate other providers, and any other information requested. The applicant for a permit for construction of a communications tower must file with the Planning and Zoning Department an application accompanied by the following documents, if applicable: (A) One copy of specifications for proposed structures and communications antenna(s), including description of design characteristics and material; (B) A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawing depicting typical design of proposed structures; parking fences, landscape plan, and existing land uses on adjacent property; (C) A current map, or update for an existing map on file, showing locations of applicant's communications towers antenna(s), facilities and proposed communications towers /antenna(s) which are reflected in public records, serving any property within the city; (D) A report from a structural engineer registered under AS 08.48 in the State of Alaska showing the communications tower /antenna capacity by type and number, and a certification that the -82- Ordinance No. 2425 -2009 Attachment "A" Page 3 of 7 tower /antenna is designed to withstand winds in accordance with the latest revision of ASI /EIA /TIA /222 standards "Structural standards for steel communications antenna towers and communications antenna supporting structures (E) Identification of the owners of the communications tower /antenna(s) and equipment to be located on the site; (F) Written authorization from the site owner for the application; (G) Evidence that a valid FCC license for the proposed activity has been issued; (H) A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts including photo simulations of the proposed facility from each direction shall be provided showing the tower, all antennas, structures, and equipment facilities, demonstrating the true impact of the facility on the surrounding visual environment. The Planning Department will assist in specifying recommended vantage points and the requested number of photo simulations; (I) A written agreement, on a form approved by the City Attorney, to remove the communications tower /antenna(s) within 180 days after the communications tower /antenna(s) is substantially unused for a period of 12 consecutive months. If a facility is unused or if a facility becomes obsolete due to changing technology, it shall be the responsibility of the tower owner and /or property owner to remove the tower and to restore the site to its original condition within 60 days. If the tower is not removed within this 60 -day period, the City of Kenai may notify the tower owner that it will contract for removal at the cost of the owner. (J) A cell phone coverage map showing the applicant's cell phone coverage within the City of Kenai; (K) Evidence that applicable conditions in subsection (b)(4) are met; (L,) Additional information required by the Planning and Zoning Department for determination that all applicable zoning laws are met. (4) Conditions. For permits issued under subsection (b) and (c) of this section, the applicant must show that all applicable conditions are net as follows: (A) Location and visual impact. The proposed communications tower /antenna or accessory structure will be placed in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by the applicable communications regulations and applicant's technical design requirements, -83- Ordinance No. 2425 -2009 Attachment "A" Page 4 of 7 (B) Inability to locate on an existing structure. The applicant must show that a proposed communications tower /antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical requirements without unreasonable modifications on any existing structure or tower under control of the applicant. (C) Necessity for location in a residential district. Applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a non residential district for valid technical reasons. (D) Location on public property or other private property not suitable, Prior to consideration for a permit for location on private property which must be acquired, applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements. (E) Design for future use. The applicant must show that a new communications tower is designed to accommodate additional communications antenna(s) equal in number to applicant' s present and reasonable foreseeable future requirements. (F) Safety code met. The applicant must meet all applicable health, nuisance, noise, fire building and safety code requirements. (G) Paint. Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. Muted colors, earth tones, and subdued hues, such as gray, shall be used. All associated structures such as equipment buildings, including the roofs, shall be painted with earth tone colors unless otherwise required under KMC 14.20.150 or by state or federal law or regulations. (H) Distance from existing tower, A permit for a proposed communications tower within 1,000 feet of an existing communications tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a collocation agreement could not be obtained. (I) FCC rules. The applicant must show by certificate from a engineer properly licensed in the State of Alaska that the proposed facility will contain only equipment meeting FCC rules. (J) Application of zoning rules. Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback height, shall apply to the use. Setback and height conditions in this section shall apply. -84- Ordinance No. 2425 -2009 Attachment "A" Page 5 of 7 (K) Setback. In all zones, a communications tower must be a minimum distance equal to the height of the communications tower from all lot lines. No variance from the setback requirements of this section may reduce the minimum setback distance to below a distance equal to fifty percent (50 of the height of the tower from a lot line. (L) No advertising is permitted of the communication tower with the exception of identification signage. (M) No signs or lighting shall be mounted on a communications tower except those reasonably needed for safety purposes or as required by the Federal Communications Commission, Federal Aviation Administration or other government agency with jurisdiction. (N) The communications towers shall be secured by a fence with a minimum height of eight feet to limit accessibility to the public. (d) Height. (1) The height limitation on communications towers permitted or allowed by conditional use are as follows: (A) In the RR -1, RS, RS1, RS2, RU, CC, LC CMU and TSH districts a freestanding communications tower with height not exceeding 35 feet may be permitted; height exceeding 35 feet requires a variance. (B) In the CG, ED, R, IL and C Districts a freestanding or guyed communications tower with height not exceeding 150 feet may be permitted; height exceeding 150 feet requires a variance. (C) In the IH District a freestanding or guyed communications tower with height not exceeding 300 feet may be permitted; height exceeding 300 feet requires a variance. (D) In the RR district a freestanding or guyed communications tower with height not exceeding 150 feet may be permitted on lots larger than 10 acre; height exceeding 150 feet requires a variance. (E) In the RR District a freestanding tower with height not exceeding 35 feet may be permitted on lots of one acre or less; height exceeding 35 feet requires a variance. (F) Height limitation near the Kenai Municipal Airport. Regardless of zone, all communications tower(s) /Antenna(s) in aircraft- approach zones and within eight thousand feet (8,000) feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA- approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. No variance may be granted under KMC 14.20.190 that deviates from this requirement. (0) Height variances. A freestanding or guyed communications tower /antenna exceeding height limitations may be permitted by the Planning and Zoning Commission as a variance under KMC 14.20.180. No height variance may be granted that exceeds 150 of the maximum height allowed under this section. -85- Ordinance No. 2425 -2009 Attachment "A" Page 6 of 7 (g) (h) Amateur Radio Towers. The Planner shall issue a permit for an amateur radio tower if the applicant meets the criteria of KMC Title 4 (uniform Codes) and AS 29.35.141 (including height limitations). Antennas located on existing structures. (1) Antennas and accessory equipment are permitted in all zoning districts when located on any existing structure, including, but not limited to buildings, water tanks, utility poles, broadcast towers or any existing support structure in accordance with the requirements of this section. (2) Antennas and accessory equipment may exceed the maximum building height limitations, subject to the height limitation of this section and provided the antennas and accessory equipment are in compliance with the requirements of this section. (3) Each antenna mounted on an existing structure and any accessory equipment shall meet the following standards: (A) Omni directional or whip antennas shall not exceed twenty (20) feet in length and not exceed seven (7) inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive, (B) Directional or panel antennas shall not exceed ten (10) feet in length and two (2) feet in width and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (C) Cylinder -type antennas shall not exceed ten (10) feet in length and not exceed twelve (12) inches in diameter and shall be of a color that is identical to or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (D) Satellite and microwave dishes shall not exceed ten (10) feet in diameter. Dish antennas greater than three (3) feet in diameter shall be screened with an appropriate architectural treatment that is compatible with or integral to the architecture of the building to which they are attached. This screening requirement shall not apply to dishes located upon towers or monopoles. (E) Other antenna types not specifically mentioned above shall be permitted if they are not significantly greater in size and will have a visual impact no greater than the antennas listed above. This provision is specifically included in this section to allow for future technological advancements in the development of antennas. Stealth Communications Facilities. It is the intent of this ordinance that use of stealth communications facilities within the City of Kenai is encouraged. Variances. Variances from other general zoning district regulations, including setbacks, may be granted as allowed under KMC 14.20.180. -86- Ordinance No. 2425 -2009 Attachment `A" Page 7 of 7 (i) Exemptions. Ordinary maintenance of existing telecommunications towers, antennas and support structures shall be exempt from the requirements of this section. In addition, the following facilities are not subject to the provisions of this section: 1) antennas used by residential households solely for noncommercial broadcast and radio reception; 2) satellite antennas used solely for residential and household purposes; 3) the Planner may issue an administrative permit for COWS to be used temporarily for testing purposes or emergency communications. "Temporary" shall mean the COW is removed within seventy -two (72) hours following the termination of testing or emergency communication needs. (j) Decision. A decision to issue or deny a permit must be in writing and supported by substantial evidence in the record. No decision regulating the placement, construction or modification of a communications tower may be made on the basis of environmental (i.e. health) effects of radio frequency emission if the facility complies with Federal Communications Commission (FCC) regulations. (k) Appeals. The applicant may appeal to the Board of Adjustment pursuant to KMC 14.20.290. Failure of the Planning and Zoning Commission to act on an application which is determined to be complete under this section within 45 days, unless extended by agreement, may be considered by the applicant to be a denial of the permit which is subject to appeal to the Board of Adjustment. -87- ZONING DISTRICTS RESIDENTIAL -MIMIEM nil L AND USF RR RR1 RS RS1 RS2 RU CC CG IL 111 111! ED R TS H LC CMU .One Family Dwelling C P P P P P P P C C P P P P S' f C zt S' /C 'hree Family Dwelling our Family Dwelling C P C' P N N P P''` C C N P Eleal F ive /Six Fa,nily Dwelling C N P N N P C P C S' /C Seven or More Family Dwelling O C' N C N N P P" S` (l C =it Z /C Townhouses 4 C'" C C C® C C C" C C C C Mobile Home Parks N C C C C C C C C N C N N C ennen Residential Development' Planned C C C C C C C C N C COMMERCIAL L M VD USES C RR RR1. RS RSt RS2 RU CC ®I ED R TSH LC CMU I Automotive Sales N C C N N O N C n P N N N N P Automotive Service Stations C C N N C P P P P j /4 C N N P Hanks C C C ®IEraC P P P N P P r C, P P Guide Service N Hotels /Motels N C C C N N CMEM P C P Lodge N C C N c p I P P C 1' Professional Offices N C C C N N P P P C P P P Restaurants N C C C N N C P P P C 13110111131111111 S S C C P Nxc C C C N C P P W holesale Business N C C C N S C C N Theaters /Commercial Recreation N C C C UUU P 1 C C P Ordinance No. 2425 -2009 Attachmen 14.22.010 Land use table. KEY: P Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted LAND USE BLE -88- Page 1 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL 111111111111111111.� Min LAND USES C RR RRI RS RS2 RU CC CG 1=11 R 1 TSH LC Airports and Related Uses P C C P P N MI N N N P Automotive Repair C P PP P N Gas Manufacturer/Storage C C I N C' C' N N N N N Manufaeturing/Pabricating/ Assembly N C C C N C C P P P 14 C C C Mi ni- Stnrage Facility N C Y C C Storage Yard N C P P IIIIMINERIMI W arehouses N C C N C Ina ©©l N PUBLIC/ INSTITUTIONAL III L AND USES C RR RRI RS 1131M3 Itl ED R TSH LC CMtT Charitable Institutions C C el C C P P P P P P c EEll E P an P P Churches* C P P P P P 30 P 1 P p C P C Clinics C C 0 ne© C C P P P C Colleges* C® 0 C rinti© P C C P C C Elementary Schools* C C C C C C P P C 0 P� C C P Governmental Buildings 0 C C INIMEMII 0 C C P C P P High Sol ools* C C P C C Hospitals" C© 0 ONIEMBI P P C® Libraries* 0 C 0 C C C 0" P fl® C P C P C P Museums C 0 C C C C C P I P P C: p c P Parks and Recreation P C C C C C C P P P P P P P C P Assisted Living 0 0 MISCELLANEOUS Illall L AND USES C RR RRI RS RSI RS2 RU CC 1331 IL III Dfl Animal Boarding" C 0 0 1 0 11311311111MEIIIIIMIENEI 0 Bed and Bre akfasts e, ESI P 0 0 P IIII Cabiq Rentals Cemet eries C C Mal =I N Crematories/Funeral Homes N C N N MIIMII 0 AMO ®alal P P Day Care Centers" C® C C O c Dormitories /Boarding Houses C C C C 0 C P P 1 C Essential Services P P P P P P P P P P P P P g/Oeueral Agriculture*.* Flgriculture P C C 11111111111 11111111111 C P III .1 N P C N z I N C N P Greenhouses/Tree Nurseries" Ordinance No. 2425 -2009 Attachment `B" KEY: P =Principal Permitted Use C Conditional Use S Secondary Use N Not Permitted LAND USE TABLE Page 2 of' 4 NOTE: Reference footnotes on following pages for additional restrictions -89- ZONING DISTRICTS MI SCELLANEOUS LA ND USES C RR RR I RS RS I RS2 RU CC CG IL 1H ED R 1SR LC CMU Gunsmithing, Printing, Taxidermy N C 0 C 0 0 C P PP P N P P P Assemblies" (Large: Circuses, Pairs Etc.) 0 C C C C C C P P P P P I` C 9 i N P' Fraternal Organizations/ Private Clubs /Social Hal and Union Halls N C C C C C C P P 9 C N C P 0 9 Nursing Convalescent or Rest Homes N C C i 0 C C P P C C C 0 P Parking, Off- -Street P P P P P P P P P 9 9 P P P P P Parking, Public Lots 0 C C C C C C C C C C C C C C C Personal Services" 0 0 C C C C C 9 9 9 P C C P' P 10" 9 Communications Towers P [9] C C C C C C P P P P P C C C [9] C antenna(s)RadiolTV Transmitters /Cell Sites Recreational Vehicle Parks C C C C N N C C C C C N C C N C Subsurface 'Extraction of Natural Resources C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources' C C C C N N C N C C N C N N N See 42 USCA Sec. 2000ec (Religious Land Use and Instrtutionafzied Persons Act of 2000) See 42 Telecommunications Act of 1996, Sec. 704(a) See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part. of the building fronting on collector streets and major highways. Commercial or industrial which fails under the landscaping /site plans requirements of KMC 1425 shall include any secondary uses in the landscaping and site plans. 2. One (1) single family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off street parking, and other development requirements shall be the same as for principal use in the RR. zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, andwill not adversely affect surrounding property values; f. The buildings shall he used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Homes" section. Ordinance No. 2425 -2009 Attachment `B" KEY: P =Principal Permitted Use C Conditional Use 5 Secondary Use N Not Permitted 14.22.010 LAND USE TABLE Page 3 of 4 NOTE: Reference footnotes an following pages for additional restrictions -90- Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self-Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X Ordinance No. 2425 2009 Attachment `B" Page 4 of 4 6. 7. 8. 9. 10. 11. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. See "Planned Unit Residential Development" section. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. Provided that no part of'any building is located nearer than thirty (30) feet to any adjoining street or property line. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off- street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not he 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 he located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on atemporary or seasonal basis of not more than four (4) months per year. 27. Limited Commercial Zone Personal Services not set forth in the above matrix are conditional uses. 28. Communications Tower /Antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 1420.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20,1 50 are met, -91- the dry of KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZO9 -03 (Amended) 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 OF 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, WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning does not contain a comprehensive regulation of the establishment and placement of communications towers in its zoning code; and, WHEREAS, due to the proliferation of cell phone use within the United States and Alaska there is a rapid growth in the number of communications towers being established; and, WHEREAS, the Federal Telecommunications Act of 1996 places limitations on the manner in which local govemments may regulate communications towers; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens to enact an ordinance regulating the establishment and placement of communications towers within the City's boundaries that is in conformance with the Federal Telecommunications Act of 1996. NOW, THEREFORE, IT IS RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Code of Ordinance be amended by adding a new section to be number KMC 14.20.255 in Attachment "A" and 2) and amending KMC 14.22.010 as shown in on Attachment "B." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of July 2009. ATI EST: New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] -92- CHAT Public Hearing /Postponed: 1/28/09 Public Hearing /Postponed: 2/25/09 Public Hearing /Postponed: 6/24/09 PZ09 -03 Attachment "A" Page 1 of 8 KMC 14.20.255 Communications Towers and Communications Antenna(s). (a.) The purpose of this section is to establish a process, rules and standards for the construction of wireless telecommunication facilities to: (1) To protect and promote the public health, safety and welfare (2) To provide guidelines for the siting and design of wireless communication facilities. (3) To protect the city's environmental resources and to minimize adverse impacts on visual resources. (4) To ensure that wireless telecommunication facilities are compatible with adjacent land uses. (5) To minimize the number of towers by encouraging the joint use (co- location) of facilities and by maximizing the use of existing towers and structures. (6) To allow competition in telecommunications service. (7) To enhance the ability to provide wireless telecommunication services to city residents, businesses and visitors. (b) Definitions. For purpose of this section, the following definitions apply: (1) "Communications tower" means a tower, monopole, pole or similar structure which supports a telecommunications antenna operated above ground in a fixed location, free standing, guyed, or on a building or other structure. An amateur radio tower is not a "communications tower" under this section. (2) "Communications Antenna(s)" means any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omni directional or whip antennas and directional or panel antennas, owned or operated by an person or entity required to be licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas. (3) "Carrier on Wheels or Cell on Wheels (COW)" means a self contained site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle mounted and contains a telescoping boom as the antenna support structure. (4) "Height" of a communications tower is the distance from the base of the tower, including any foundation, to the top of the structure. -93- PZ09 -03 Attachment "A" Page 2 of 8 (5) "Stealth Communications Facility" means any telecommunications tower /antenna that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer. (b) Permits. (1) Administrative Permit. (A) If allowed as a principal permitted use under KMC 14.22.010 a communications tower shall be permitted by the Planner upon a determination that all of the applicable conditions of this section have been met. (13) Permitted height above structure. In all zones, the Planner may issue a permit for a communications tower to be mounted on an existing building, or structure other than a free standing or guyed communications tower, as long as it does not extend more than thirty (30) feet above the highest part of the structure and the applicable conditions of this section have been met. For example, if a building was constructed to its maximum allowed height of thirty-five (35) feet in a zone, a. communications tower /antenna may be placed on it provided that it is not more than thirty (30) feet above the highest part of the building (2) Conditional Use Permit. If allowed as a Conditional Use under KMC 14.22.010 and after notice and public hearing as set forth under KMC 14.20.280, a communications tower shall be permitted by the Planning and Zoning Commission upon a determination that all of the conditions of this section and KMC 14.20.150 have been met. (3) Application requirements. A written narrative shall be submitted with the application explaining why the proposed site has been chosen, why the proposed telecommunication facility is necessary, why the requested height was chosen, ability of the facility to accommodate other providers, and any other infoi illation requested. The applicant for a permit for construction of a communications tower must file with the Planning and Zoning Department an application accompanied by the following documents, if applicable: (A) One copy of specifications for proposed structures and communications antenna(s), including description of design characteristics and material; -94- PZ09 -03 Attachment "A" Page 3 of 8 (B) A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawing depicting typical design of proposed structures, parking fences, landscape plan, and existing land uses on adjacent property; (C) A current map, or update for an existing map on file, showing locations of applicant's communications towers /antenna(s), facilities and proposed communications towers /antenna(s) which are reflected in public records, serving any property within the city; (D) A report from a structural engineer registered under AS 08.48 in the State of Alaska showing the communications tower /antenna capacity by type and number, and a certification that the tower /antenna is designed to withstand winds in accordance with the latest revision of ASI /EIA /TIA /222 standards "Structural standards for steel communications antenna towers and communications antenna supporting structures (E) Identification of the owners of the communications tower /antenna(s) and equipment to be located on the site; (F) Written authorization from the site owner for the application; (G) Evidence that a valid FCC license for the proposed activity has been issued; (H) A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts including photo simulations of the proposed facility from each direction shall be provided showing the tower, all antennas, structures, and equipment facilities, demonstrating the true impact of the facility on the surrounding visual environment. The Planning Department will assist in specifying recommended vantage points and the requested number of photo simulations; (I) A written agreement, on a form approved by the City Attorney, to remove the communications tower /antenna(s) within. 180 days after the communications tower /antenna(s) is substantially unused for a period of 12 consecutive months. If a facility is unused or if a facility becomes obsolete due to changing technology, it shall be the responsibility of the tower owner and /or property owner to remove the tower and to restore the site to its original condition within 60 days. If the tower is not removed -95- PZ09 03 Attachment "A" Page 4 of 8 within this 60 -day period, the City of Kenai may notify the tower owner that it will contract for removal at the cost of the owner. (3) A service coverage map showing the applicant's service coverage within the City of Kenai; (K) Evidence that applicable conditions in subsection (b)(4) are met; (L) Additional information required by the Planning and Zoning Department for determination that all applicable zoning laws are met. (4) Conditions. For permits issued under subsection (b) and (c) of this section, the applicant must show that all applicable conditions are met as follows: (A) Location and visual impact. The proposed communications tower /antenna or accessory structure will be placed in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by the applicable communications regulations and applicant's technical design requirements. (B) Inability to locate on an existing structure. The applicant must show that a proposed communications tower /antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical requirements without unreasonable modifications on any existing structure or tower under control of the applicant. (C) Necessity for location in a residential district. Applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a non residential district for valid technical reasons. (D) Location on public property or other private property not suitable. Prior to consideration for a permit for location on private property which must be acquired, applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements. (E) Design for future use. The applicant must show that a new communications tower is designed to accommodate additional -96- PZ09 -03 Attachment "A" Page 5 of 8 communications antenna(s) equal in number to applicant' s present and reasonable foreseeable future requirements. (F) Safety code met. The applicant must meet all applicable health, nuisance, noise, fire building and safety code requirements. (G) Paint. Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. Muted colors, earth tones, and subdued hues, such as gray, shall be used. All associated structures such as equipment buildings, including the roofs, shall be painted with earth tone colors unless otherwise required under KMC 14.20.150 or by state or federal law or regulations. (H) Distance from existing tower. A pei wit for a proposed communications tower within 1,000 feet of an existing communications tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a collocation agreement could not be obtained. (I) FCC rules. The applicant must show by certificate from a engineer properly licensed in the State of Alaska that the proposed facility will contain only equipment meeting FCC rules. (J) Application of zoning rules. Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback height, shall apply to the use. Setback and height conditions in this section shall apply. (K) Setback. In all zones, a communications tower must be a minimum distance equal to the height of the communications tower from all lot lines. No variance from the setback requirements of this section may reduce the minimum setback distance to below a distance equal to fifty percent (50 of the height of the tower from a lot line. (L) No advertising is permitted of the communication tower with the exception of identification signage. (M) No signs or lighting shall be mounted on a communications tower except those reasonably needed for safety purposes or as required by the Federal Communications Commission, Federal Aviation Administration or other government agency with jurisdiction. -97- PZ09 -03 Attachment "A" Page 6 of 8 (d) Height. (N) The communications towers shall be secured by a fence with a minimum height of eight feet to limit accessibility to the public. (1) The height limitation on communications towers permitted or allowed by conditional use are as follows: (A) In the RR -1, RS, RS I. RS2, RU, CC, LC CMU and TSH districts a freestanding communications tower with height not exceeding 35 feet may be permitted; height exceeding 35 feet requires a variance. (B) In the CG, ED, R, IL and C Districts a freestanding or guyed communications tower with height not exceeding 150 feet may be permitted; height exceeding 150 feet requires a variance. (C) In the IH District a freestanding or guyed communications tower with height not exceeding 300 feet may be permitted; height exceeding 300 feet requires a variance. (D) In the RR district a freestanding or guyed communications tower with height not exceeding 150 feet may be permitted on lots larger than 10 acre; height exceeding 150 feet requires a variance. (E) In the RR District a freestanding tower with height not exceeding 35 feet may be permitted on lots of one acre or less; height exceeding 35 feet requires a variance. (F) Height limitation near the Kenai Municipal Airport. Regardless of zone, all communications towers) /Antenna(s) in aircraft- approach zones and within eight thousand feet (8,000) feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA- approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. No variance may be granted under KMC 14.20.190 that deviates from this requirement. (G) Height variances. A freestanding or guyed communications tower /antenna exceeding height limitations may be permitted by the Planning and Zoning Commission as a variance under KMC 14.20.180. No height variance may be granted that exceeds 150% of the maximum height allowed under this section. (e) Amateur Radio Towers. The Planner shall issue a permit for an amateur radio tower if the applicant meets the criteria of KMC Title 4 (Uniform Codes) and AS 29.35.141 (including height limitations). -98- PZ09 -03 Attachment. "A" Page 7 of 8 (f) Antennas located on existing structures. (1) Antennas and accessory equipment are pei iuitted in all zoning districts when located on any existing structure, including, but not limited to buildings, water tanks, utility poles, broadcast towers or any existing support structure in accordance with the requirements of this section. (2) Antennas and accessory equipment may exceed the maximum building height limitations, subject to the height limitation of this section and provided the antennas and accessory equipment are in compliance with the requirements of this section. (3) Each antenna mounted on an existing structure and any accessory equipment shall meet the following standards: (A) Omni directional or whip antennas shall not exceed twenty (20) feet in length and not exceed seven (7) inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (B) Directional or panel antennas shall not exceed ten (10) feet in length and two (2) feet in width shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (C) Cylinder -type antennas shall not exceed ten (10) feet in length and not exceed twelve (12) inches in diameter and shall be of a color that is identical to or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (D) Satellite and microwave dishes shall not exceed ten (10) feet in diameter. Dish antennas greater than three (3) feet in diameter shall be screened with an appropriate architectural treatment that is compatible with or integral to the architecture of the building to which they are attached. This screening requirement shall not apply to dishes located upon towers or monopoles. (E) Other antenna types not specifically mentioned above shall be permitted if they are not significantly greater in size and will have a visual impact no greater than the antennas listed above. This provision is specifically included in this section to allow for future technological advancements in the development of antennas. -99- PZ09 -03 Attachment "A" Page 8 of 8 (g) Stealth Communirations Facilities. It is the intent of this ordinance that use of stealth communications facilities within the City of Kenai is encouraged. (h) Variances. Variances from other general zoning district regulations, including setbacks, may be granted as allowed under KMC 14.20.180. (1) Exemptions. Ordinary maintenance of existing telecommunications towers, antennas and support structures shall be exempt from the requirements of this section. In addition, the following facilities are not subject to the provisions of this section: 1) antennas used by residential households solely for noncommercial broadcast and radio reception; 2) satellite antennas used solely for residential and household purposes; 3) the Planner may issue an administrative permit for COWS to be used temporarily for testing purposes or emergency communications. "Temporary" shall mean the COW is removed within seventy-two (72) hours following the tei urination of testing or emergency communication needs. 0) Decision. A decision to issue or deny a permit must be in writing and supported by substantial evidence in the record. No decision regulating the placement, construction or modification of a communications tower may be made on the basis of environmental (i.e. health) effects of radio frequency emission if the fa.cility complies with Federal Communications Commission (FCC) regulations. (k) Appeals The applicant may appeal to the Board of Adjustment pursuant to KMC 14.20.290. Failure of the Planning and Zoning Commission to act on an application which is determined to be complete under this section within 45 days, unless extended by agreement, may be considered by the applicant to be a denial of the permit which is subject to appeal to the Board of Adjustment. -100- (ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRI RS RS1 RS2 RU CC CG IL IH ED TSB LC CIVIC Gunsmithing, Printing, Taxidermy C C CC CC P P N P P P Assemblies 15 (Large: Circuses, Fairs, Etc.) I° C CC C CC Pis pis pis pis pis C p N p15 Fraternal Organizations/ Private C7 /Social Halls and Union Halls z U C C C CC fa P P N P IU P Nursing, Convalescent or Rest Homes NC C C C C C P 1 C C C C C P Parking, Off -Street P P P P P P P P 1 PP P la P P P Parking, Public Lots C C C C C C CC CC 0 0 0 0 C Personal ServicesY CC C C C C C P P P P C C P P P Communications Towers P 111 C C C 0 C C P P P P P U C C [P] C antenna(s) /Radio /TV Transmitters /Cell Sites 27 Recreational Vehicle Parks I0 C C C N N C 1 O U C C U C N C Subsurface Extraction of Natural Resourcesis C C C C C C c C CC N I0 N i N N Surface Extraction of Natural Resources L C C C C N N C N U C C N U I N L z N See 42 USCA Sec 2000cc (Religious Land Use and institutionalized Persons Act of 2000) See 42 Telecommunications Act of 1996, Sec. 704(a) See, however, the limitations imposed under &MC 3.10.070 PZ09 -0' Substitute Attachment "B" KEY: P Principal Permitted Use Conditional Use ondary Use N Not Permitted Footnotes: KMC 14.22.010 LAND USE TABLE -101- Page 1 of 3 NO'. Reference footnotes on following pages For additional restrictions 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls tinder the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2, One (1) single family residence per parcel, which is part of the main building. 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off -street parking, and other development requtrements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; PZ09 -03 Substitute Attachment 'B" Page 2 of 3 e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4, See "Townhouses" section. 5. See "Mobile Homes" section. 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone, 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off -street parking for the use are located to prevent traffic hazards on public streets. 13, Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to 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 allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU /TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. g. -102- PZ09 -03 Substitute Attachment "B" Page 3 of 3 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, 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. Communications Tower /Antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. -103- theca of KENpALASKA CITY OF KENAI ORDINANCE 2426 -2009 Suggested by: Council. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S2,281.00 FOR A CITY CLERK PAY AND BENEFITS INCREASE IN EXCESS OF ORIGINALLY BUDGETED AMOUNTS, WHEREAS, City Council has authorized a FY2010, 7.0% pay increase for the City Clerk comprised of 4.5% COLA (Cost of Living Allowance) increase and a 2.5% merit increase; and, WHEREAS, the adopted FY2010 budget was estimated using a 4.5% increase and did not include S2,281.00 in wages and benefits for the 2.5% merit increase. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenue Appropriation of Fund Balance $2,281.00 Increase Appropriations Clerk Salaries $1,780.00 Leave 89.00 PERS 391.00 Unemployment Insurance 12.00 Workers Compensation 9.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August, 2009. Al FEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: 7- h ii- Introduced: July 15, 2009 Adopted: August 5, 2009 Effective: August 5, 2009 New Text Underlined; (DELETED TEXT BRACKETED] -104- AMENDED EMPLOYMENT AGREEMENT BETWEEN CITY OF KENAI and RICK KOCH This amended employment agreement, made and entered into this [10/08] 16th day of July, 200[8]9, by and between the City of Kenai, State of Alaska, a municipal corporation, hereinafter called "the City," and Rick Koch, hereinafter called "Employee," both of whore understand as follows. RECITALS I. The City desires to employ the services of Employee as City Manager of the City; and 2. It is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of Employee; and 3. Employee desires to accept employment as the City Manager of the City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1: EMPLOYEE EMPLOYMENT AND DUTIES The City hereby agrees to employ Employee as City Manager of said City to perform the function and duties specified in the Charter of the City of Kenai and the Kenai Municipal Code, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. A. TERM SECTION 2: TERM, DISCHARGE AND RESIGNATION This Amended Employment Agreement shall have a term commencing [MARCH 6] July 16th, 2009 and ending March 5, 2012, hereinafter the termination date. Employee agrees to remain in the exclusive employment of the City until said termination date unless this Amended Employment Agreement is earlier terminated as hereinafter provided. Employee's term of employment shall end automatically on the termination date of this contract unless the term of employment has been extended by mutual agreement in a duly authorized written contract. AMENDED EMPLOYMENT AGREEMENT Page 1 of 7 -105- EMPLOYEE CITY Employee acknowledges that he has been provided with and read the case of Ramsey v Sand Point, 936 P.2d 126 (Alaska 1997). Employee acknowledges that as part of the consideration of this contract he has agreed to waive that portion of Section 3 -1(a) of the Kenai City Charter which provides that the City Manager is appointed for an indefinite term and accepts the term period of employment as set forth in this Agreement. Nothing in this Amended Agreement prevents the parties from extending the term of this contract by mutual agreement. B. DISCHARGE Employee acknowledges that he has been provided with and read the case of Ramsey v. Sand Point, 936 P.2d 126 (Alaska 1997). The Employee acknowledges that as a part of the consideration of this contract he has agreed to waive Section 3 -1(b) of the Kenai City Charter. Due to the peculiar nature of the City Manager position in that it involves dealing on behalf of the City in various fields and the involvement of the City Manager in many different projects, it is agreed that the City's business can only succeed if the City Manager and the City Council enjoy a working relationship based on mutual respect, trust and positive attitudes. It, therefore, may be impossible to quantify "poor performance" or "just 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 he is an at -will employee— serving at the pleasure of the Kenai City Council. He may be suspended or discharged without advance notice and without cause at any time during a lawfully scheduled meeting by a vote of at least [FOUR] five (5) members of the Council. No disciplinary action, suspension or termination of the City Manager by the Council may be appealed to the Arbitration Panel/Personnel Board. C. RESIGNATION Employee may terminate this Amended Agreement for any reason, or no stated reason, upon giving sixty (60) calendar days written notice to the Employer. In the event the Employee voluntarily terminates employment, the City shall be under no obligation to the Employee except to pay salary and benefits, including accrued leave, to the date the resignation is effective, less the amount of any unpaid balance owed to the City by the Employee. SECTION 3: SEVERANCE PAY As part of the consideration given the Employee to waive Section 3 -(1) (a) and (b) of the Kenai City Charter as described above in Section. 2, the City of Kenai agrees to provide the following severance package. In the event the Employee is terminated by the City Council during such time as the Employee is willing and able to perform the duties of City Manager, the City shall give the Manager ninety (90) days of severance pay. Severance pay shall constitute a lump sum cash payment equal to the monetary value of all pay and benefits provided for the period of severance pay due, except that the AMENDED EMPLOYMENT AGREEMENT Page 2 of 7 -106- EMPLOYEE CITY City shall pay directly for the Manager's city- sponsored health insurance for sixty (60) calendar days after separation under COBRA. Employee shall be entitled to accrued leave as of the date of separation. Non- renewal of this contract after expiration of its term shall not entitle the Employee to any severance pay. 1/ I SALARY SECTION 4: SALARY AND REVIEW During the term of the contract, the City agrees to pay Employee for services rendered pursuant hereto an annual base salary of one hundred and twenty -five ($125,000) payable in installments at the same time as other employees of the City are paid. B. REVIEW The City agrees to review Employee's performance annually. SECTION 5: HOURS OF WORK Employee is exempt from the provisions of the Fair Labor Standards Act and shall not be bound to a work week of any set number of hours. Employee is expected to work as many hours as the responsibilities of his position requires. As a result, Employee shall not be paid overtime or allowed to accrue compensatory time. SECTION 6: AUTOMOBILE The City and Employee agree that KMC 23.30.110(c) shall not apply to Employee. The City shall provide an automobile allowance in the amount of four hundred dollars ($400.00) per month in lieu of a City vehicle. The manager is responsible for paying for liability and other insurance and for repairs and maintenance of his automobile. Employee shall provide a certificate of insurance showing coverage while using the vehicle in the course of employment with the City. Liability coverage of not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) per occurrence and a minimum annual aggregate limit of the same amount shall be provided. The City reserves the right to provide a vehicle for exclusive use of the Employee in lieu of a monthly vehicle allowance. SECTION 7: PROFESSIONAL DEVELOPMENT AMENDED EMPLOYMENT AGREEMENT Page 3 of 7 -107- EMPLOYEE CITY 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 necessary official and other functions for the City, including, but not limited to, the annual conference of the International City Management Association, AML, Alaska City Management Association, and such other committees thereof which Employee serves as a member with City Council approval. B. PROFESSIONAL DEVELOPMENT The City agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the City as approved by the City Council. SECTION 8: GENERAL EXPENSES The City recognizes that certain general expenses of a non personal and job affiliated nature will be incurred by Employee, and hereby agrees to reimburse or to pay said general expenses provided claims supported by receipts (when available) are duly submitted to the City. SECTION 9: CIVIC CLUB MEMBERSHIP The City recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of such civic clubs or organizations as deemed appropriate at Employee's own expense. The Employee is encouraged to take an active role in the community. SECTION 10: RETIREMENT BENEFITS The Employee shall be bound or receive the benefits of the following sections of the Kenai Municipal Code: KMC 23.25.050 (Pay Day); KMC 23.25.060(d) (Exemption from the Fair Labor Standards Act); KMC 23.30.110(b) and (d) (Travel Expense); KMC 23.020 (Holidays); 23.030 (Annual Leave); 23.040 (Terminal Leave); 23.060 (Leave of Absence with Pay); 23.070 (Educational Opportunities); 23.080 (PERS Retirement); 23.095 (Supplemental Retirement); 23.100 (Social Security); 23.110 (Industrial Accidents); 23.120 (Medical and Hospital Insurance); and 23.130 (Family Leave). AMENDED EMPLOYMENT AGREEMENT Page 4 of 7 -108- EMPLOYEE CITY SECTION 11: RESIDENCY As required in Section 3 -1(a) of the City Charter, the Employee shall reside within the city limits of Kenai during his tenure of office. The Employee shall maintain a publicly listed telephone number at home with a device for recording messages when unable to answer the phone. Other telephone equipment may be provided according to need after consultation with the Council. SECTION 12: OTHER TERMS AND CONDITIONS OF EMPLOYMENT The City shall fix any such terms and conditions of employment, as it may determine from time-to- time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Amended Employment Agreement, the City Code or any other applicable law. The Employee shall be sensitive to both conflicts of interest and the appearance of conflicts of interest between the duties of the City Manager and the Manager's personal conduct and shall be sensitive to the activities of members of the Employee's immediate family that are within his control. When in doubt, the Employee should consult in advance of any problem coming up. A. ASSIGNMENTS AND SUBCONTRACTS APPLICABLE LAW SECTION 13: CONFLICTS OF INTEREST SECTION 14: GENERAL PROVISIONS None of the sums due or to become due, nor any of the work to be performed under this Amended Employment Agreement by Employee shall be assigned to any third party without the prior written consent of the City. This Amended Employment Agreement shall be deemed to have been entered into and shall be construed and governed, except with respect to conflict of laws, in accordance with the laws of the State of Alaska. C. 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 Amended Employment Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future exercise of AMENDED EMPLOYMENT AGREEMENT Page 5 of 7 -109- EMPLOYEE CITY such right, but the obligation of the other party with respect to such future performance shall continue in full force and effect. D. SEVERABILITY The invalidity or unenforceability of any particular provision of this Amended Employment Agreement shall not affect the other provisions, and this Amended Employment Agreement shall be construed in all respects as if such invalid or unenforceable provision or provisions were omitted. E. AMENDMENTS This Amended Employment Agreement may not be amended, modified, released, discharged, supplemented, interpreted or changed in any manner except by written instrument signed by duly authorized representatives of both parties. F. HEADINGS The headings utilized herein are provided as aids in referencing provisions of this Amended Employment Agreement, but shall not be utilized in interpretation, or construction of terms and conditions of it. G. MERGER This Amended Employment Agreement contains the entire and only understanding or agreement between the parties in relation to the subject matter herein. Any representations, provision, undertakings or conditions hereof not contained herein shall be of no effect and shall not be binding on either party. IN WITNESS WHEREOF, the City of Kenai, on a vote of its City Council, has caused this Amended Employment Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed this Amended Employment Agreement, on this day of 200[8]9. CITY OF KENAI A 11 EST: Pat Porter, Mayor Carol L. Freas, City Clerk AMENDED EMPLOYMENT AGREEMENT Page 6 of 7 -110- SEAL: EMPLOYEE CITY EMPLOYEE: Rick Koch APPROVED AS TO FORM: Cary R. Graves, City Attorney AMENDED EMPLOYMENT AGREEMENT Page 7 of 7 EMPLOYEE CITY ecityuf KEN Al, ALASKA MEMO: "Village with a Past, Gity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 i�� Telephone: 907 283 -7535 FAX: 907 283 -3014 1� �l 1992 TO: City Council FROM: Rick Koch DATE: July 8, 2009 SUBJECT: Kenai Municipal Airport, Fuel Flowage Fees The purpose of this correspondence is to facilitate a discussion, and receive direction from the Council regarding fuel flowage fees at the airport. Attached are the following exhibits: A. Comparison of Fuel Flowage Fees landing Fees at Kenai Municipal Airport, Anchorage International Airport, Fairbanks International Airport Juneau International Airport B. Kenai Municipal Airport Fees, effective June 1, 2009 C. Ted Stevens Anchorage International Airport FY10 Airport Fee Schedule, effective July 1, 2009 D. Fairbanks International Airport Fees, effective February 1, 2009 E. Juneau International Airport Rates Fees Regulation, effective July 1, 2009 F. Kenai Municipal Airport, Revenue Impact Analysis for Fuel Flowage Fees Applied to In -Wing Fuel Only G. Koch memo to Council, Ordinance 2303 2008 -Fuel Flowage Fee, dated May 13, 2008 H. Koch Memo to Council, Kenai Municipal Airport Fuel Flowage Fees, dated February 26, 2009 I attended a meeting of the Airport Commission following the joint work session with the Council in which fuel flowage fees were discussed. Administration presented the spreadsheet showing estimated impact to revenue (Exhibit F). Following discussion the Airport Commission passed a motion (4 -1) to recommend to the City Council the fuel flowage fee program remain unchanged at 0,02 per gallon for all fuel, in -wing and bulk. While not included in the Airport Commission motion, the consensus of the group was to oppose an increase in the fuel flowage fee for in -wing fuel as they felt it would be a barrier to ongoing and future economic activity at the airport. Administration agrees with the recommendation of the Airport Com -113- Administration recognizes the Council may wish to amend the fuel flowage fee program, and if that is the case Exhibit F defines the budgetary impact for a number of alternatives. If Council directs a change to the fuel flowage fee program it is administration's intent to submit an ordinance for Council approval at the next regularly scheduled meeting. Thank you for your attention in this matter. If you have any questions please contact me at your convenience. Comparison of Fuel Flowage Fees Landing Fees at Kenai Municipal Airport, Anchorage International Airport, Fairbanks International Airport Juneau International Airport as of July 8, 2009 Fee Description Fuel Flowage Fee (In Wing), Signatory, Per Gallon Fuel Flowage Fee (Bulk), Signatory, Per Gallon Fuel Flowage Fee (In Wing), Non- Signatory, Per Gallon Fuel Flowage Fee (Bulk), Non Signatory, Per Gallon Landing Fee, per 1,000 Ibs Certified Maximum Gross Take -Off Weight, Signatory Landing Fee, per 1,000 Ibs Certified Maximum Gross Take -Off Weight, Non- Signatory -114- Kenai Municipal Airport 0.020 0.020 0.020 0.020 2.100 1.430 Anchorage International Airport 0.027 0.067 1.440 1.790 Fairbanks Juneau International International Airport Airport 0.027 0.085 0.085 0.067 0.195 0.195 1.410 1.980 1.410 2.480 -115- l L -116- 0 000 LEI LU CL CL zw- }ZQQ Y 7 0 00 03 CC Z to w n. cc N N F- O z to U.1 MI 0909 0 7 01 zz t) -117- tu 0 o 08 in O 1 O 0y o U N F o 4 w 0 w w tL 9R. W w LL 0 L 04 2 E 04 X 2 d t d v n 0 V O O co co a a o cE o 0 -0 N LL O> m -J C C o 03 E E 0 d o m 0 6 o Q N a) N al C c 4 a e o m m Q a Q a o 0 o 0 -118- a1 c c Ja co o a o n 0 (0 CC CO N O N O c a m o C O a o m O V? o 0 c (0 a; r 0 in 6 U a. C 9 0 EXHIBIT Page f 0 N LL N O O o c W 3 O N iti 0 a 05 O ry 0 CD C O O N A L ^L .0 L N 0 0 0 2 D., 5) m a 0 w 0 v a 0 N a) N a L 0 G) W 0 N a ar O O D C u) m 0 5 it a) T c .0 L C@ U 0 O `m (o E r E o a 0 w c N r uo 0 co uy LL J L co c a A r 0 O rn 4 1 c c N c 0 as c Y N C O 0 m a O 3 D C ar D C N y 0 0 c O 2 n E O V) m- O 0 `o To i a M M Cr) O 0 0 0 N N N T T -119- c 0 5 c 0 To c D 0 -J m O) r, c c a) 0 0.l O 0 0 D D "O c 0 (c 0 0 O O 0 o 0 0 N C [V C N O E O E c O 4 8 G a a s q c 4 Q r 4 G m (1) w O O O 0 L a 1 W U EL H ay 69 07 CBJAC 10.020 Rates and Fees. The following are rates and fees established by the Airport Board. These rates and fees may be subject to change by amendment and may be subject to City and Borough of Juneau Sales Tax. (a) Fuel Flowage Fees. For sales of aviation fuel and aviation fuel delivery services at the Juneau International Airport, the following fees shall apply: (1) Signatory. (A) Aircraft with maximum certificated gross weight of 12,500 lbs. or less shall pay fuel flowage fee of .155 per gallon. (B) Aircraft with maximum certificated gross weight of more than 12,500 lbs. shall pay fuel flowage fee of .085 per gallon. (b) (3) J vn. oat; rvt U r r✓J rl .e rn I�.�rt. (2) Non signatory. All Non signatory aircraft shall pay a fuel flowage fee of .195 per gallon. Exemption. to Fuel. Flowage Fees: The Civil Air Patrol (CAP) shall be exempt from Fuel Flowage Fees on missions, practice missions and fuel purchased in bulk by the CAP. Landing Fees. Landing Fees shall be based on maximum take -off weight as certified by the FAA, for all types of aircraft whether empty or loaded, as follows: (1) Signatory. (A) Under 12,500 lbs., no fee, (B) 12,500 lbs. and over, for each 1,000 lbs. or any fraction thereof: 5 1.98 per 1,000 lbs. (C) Exemptions to signatory landing fees: i. Aircraft engaged in test flights. ii. Aircraft compelled to return after take -off. A compelled to land under an emergency diversion situation. iv. Public aircraft not engaged in commercial operations. (2) Non- Signatory. (A) Under 12,500 lbs., no fee. (B) 12,500 lbs and over, for each 1,000 lbs. or any fraction thereof: 2.48 per 1,000 lbs. (C) Exemptions to non signatory landing fees: Juneau Intematioaal Airport Rates Fees Regulation) 7 /01/09 -120- Page 2 of 10 Estimated Total Gallons Fuel Flowage Fee Per Gallon Estimated Annual Income Less Than Budgeted income in FY 2010 Budget 68,000) 350,000 0.02 7,000.00 61,000.00 0.03 10,500.00 57,500.00 0.04 14,000.00 54,000.00 0.05 17,500.00 50,500.00 0.06 21,000.00 47,000.00 0.067 23,450.00 44,550.00 0.07 24,500.00 43,500.00 0.08 28,000.00 40,000.00 0.09 31,500.00 36,500.00 0.10 35,000.00 33,000.00 0.11 38,500.00 29,500.00 0.12 42,000.00 26,000.00 0.13 45,500.00 22,500.00 0.14 49,000.00 19,000.00 0.15 52,500.00 15,500,00 0.16 56,000.00 12,000.00 0.17 59,500.00 8,500.00 0.175 61,250.00 6,750.00 KENAI MUNICIPAL AIRPORT REVENUE ANALYSIS FOR FUEL FLOWAGE FEES APPLIED TO IN -WING FUEL ONLY -121- the city of KEN ALASKA 4M "Vit'layr e with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 lli`�l 1 ,791 o: TO: City Council FROM: Rick Koch DATE: May 13, 2008 SUBJECT: Ordinance 2303 -2008 Fuel Flowage Fee The purpose of this correspondence referenced ordinance. Thank you for your attention in this Matter. to recommend Council approval of the above Establishing a three cents per gallon fuel flowage fee is estimated to produce revenues to the Kenai Municipal Airport of approximately 65,000 per year. Fuel flowage fees are common at most airports of the class of our airport. Below are the fuel flowage fees charged at other similar airports: Airport Fuel Flowaee Fee per eallon Ted Steven Anchorage Int'l Airport 0.027 Fairbanks Int'l Airport 0.030 Juneau Int'I Airport 0.130 The Airport Commission considered this ordinance Only four Commission Members were in attendance at the meeting. The motion to accept the administrations recommendation received three votes in the affirmative, and one vote in the negative. The motion failed as a result of not having the support of the majority of the seven member commission. KEN I, ALASKA MEMO: `Kffaye with a Past, Gity' with a Fature uaam�m '111 1992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 -283 -3014 TO: City Council FROM: Rick Koch DATE: February 26, 2009 SUBJECT: Kenai Municipal Airport Fuel Flowage Fees The purpose of this memorandum is to provide information and recommend Council approval of an ordinance to lower the airport fuel flowage fee from there cents 0.03) per gallon to two cents 0.02) per gallon. As you may recall the airport has operated at a deficit from FY 2002 through FY2008, and had fees, leases and rents that were in most cases significantly below industry standards and what was charged at other similar Alaskan airports. We increased and instituted many fees and charges in order to begin to bring our pricing structure in -line with other Alaskan airports and the industry in order to reduce our operational deficit. One of the fees instituted was a fuel flowage fee. The fuel flowage fee was estimated to produce approximately 75,000 of revenue based on an estimated volume of 2,500,000 gallons of fuel. The fuel flowage fee is based on all fuel delivered to the airport including but not limited to fuel that goes "into the wing" of aircraft, but also fuel that into "bulls fuel tanks" for re -sale at other locations. Through the first seven months (July 08- January 09) of the fiscal year the City has received 61,295.04 in revenue from fuel flowage fees based on 2,043,167.23 gallons of fuel, or an average of 8,756.43 and 291,881.03 gallons per month. If we project the monthly average over the twelve months of the fiscal year, total estimated fuel flowage revenues for FY 09 would be 105,077.16. Total estimated volume of fuel would be 3,502,596.36 gallons. -123- past- V s,� 2 A reduction in fuel flowage fees by one cent for the remainder of FY 09 would decrease fuel flowage fees by an estimated 5,837.62 and for FY 10 would result in total estimated revenues of 70,051.93. Administration recommends the reduction in fuel flowage fees as the services provided by the airport remain essentially unchanged by the increase in volume. If you have any questions please contact me at your convenience. -124- H KENAI PARKS RECREATION COMMISSION JULY 2, 2009 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY April 2, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion Columbarium b. Discussion Marathon Road Park Development c. Discussion Volunteers for Personal Use Fishery ITEM 7: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 8: COMMISSION QUESTIONS COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. City Council Action Agenda Items from June 3 and 17, 2009. b. Beautification Committee Meeting Summary from May 12, 2009. ITEM 11: ADJOURNMENT -125- KENAI PARKS RECREATION COMMISSION JULY 2, 2009 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR PRO TEMPORE TODD WORTHAM, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Pro Tempore Wortham called the meeting to order at approximately 7:10 p.m. Roll was confirmed as follows: Commissioners present: T. Wortham, L. Magiera Commissioners absent: A. Hull, D. Sandahl, K. McDonald, J. Beeson, N. Kiefer Staff /Council Liaison present: Parks Recreation Director B. Frates, Public Works Manager W. Ogle, Council Member J. Moore No quorum was present. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY April 2, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS None ITEM 6: NEW BUSINESS 6 -a. Discussion Columbarium 6 -b. Discussion Marathon Road Park Development 6 -c. Discussion Volunteers for Personal Use Fishery ITEM 7: REPORTS 7 -a. Commission Chair 7 -b. Director 7 -c. City Council Liaison ITEM 8: COMMISSION QUESTIONS COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION -126- 10 -a. City Council Action Agenda Items from June 3 and 17, 2009. 10 -b. Beautification Committee Meeting Summary from May 12, 2009, ITEM 11: ADJOURNMENT There being no quorum, the meeting was adjourned at approximately 7:15 p.m. Meeting summary prepared and submitted by: Lorene Hall, Deputy City Clerk PARKS AND RECREATION COMMISSION MEETING JULY 2, 2009 PAGE 2 -127- CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 8, 2009 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. `Excused Absences 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. *June 24, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09 -03 Amended A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Comicil 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. (Postponed 6/24/09.) b. PZ09 -36 An application for a 4.9 feet side setback encroachment, for the property known as 135 N. Willow Street, Kenai, Alaska. Application submitted by Jonathan Peters for Arctic Barnabas Ministries, Inc., 135 N. Willow Street, Kenai, Alaska, c. PZ09 -37 An application for a 4.9 feet side setback variance, for the property known as 135 N. Willow Street, Kenai, Alaska. Application submitted by Jonathan Peters for Arctic Barnabas Ministries, Inc., 135 N. Willow Street, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Ordinance No. 2419 -2009 Increasing estimated revenues and appropriations by $7,29930 for acquisition of property foreclosed upon by the Kenai Peninsula Borough for unpaid property taxes to be retained for a public purpose by the City. Discussion. -128- Agenda July 8, 2009 8. PENDING ITEMS: 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. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULE+ D: (3 Minutes) 11. INFORMATION ITEMS: a. "Zoning Bulletin" May 25, 2009 b. PZ09 -38 Landscape /Site Plan Arctic Barnabas Ministries, Inc., 135 North Willow Street (Lot 5, Block 5, General Aviation Apron SD Amended) c. Department of Army letter addressed to Judith Bittner, State Historic Preservation Officer 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -129- Page 2 ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:02 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioner present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -b. Agenda Approval MOTION: Commissioner Brookman MOVED to approve the agenda as presented and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: 1 -d. *Excused Absences Phil Bryson Approved by consent agenda. CITY OF KENAI PLANNING ZONING COMMISSION JULY 8, 2009 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES K. Rogers, J. Brookman, K. Koester, S. Romain, R. Wells, J. Twait P. Bryson (excused) City Planner M. Kebschull, Administrative Assistant to Planner N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall Commissioner Brookman MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. *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 -130- Bryson EXCUSED Rogers YES Broolcrnan YES Koester YES Romain YES Wells YES Twait NO 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 24, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ09 -03 Amended 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. (Postponed 6/24/09.) Kebschull reviewed the staff report included in the packet, noting the resolution had been amended as moved at the last meeting Twait read the rules for public hearing and 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. MOTION: Commissioner Brookman MOVED to approve PZ09 -03 and Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED. 5 -b. PZ09 -36 An application for a 4.9 feet side setback encroachment, for the property known as 135 N. Willow Street, Kenai, Alaska. Application submitted by Jonathan Peters for Arctic Barnabas Ministries, Inc., 135 N. Willow Street, Kenai, Alaska. PLANNING AND ZONING COMMISSION MEETING JULY 8, 2009 PAGE 2 -131- Bryson EXCUSED Viers Romain 1 YES I YES Brookman Wells j YES EYES Koester YES I Twait YES Twait I Bryson EXCUSED Rogers YES Brookman YES Koester YES Romain YES Wells YES Twait YES I Kebschull reviewed the staff report included in the packet, noting the application met all conditions of KMC 14.20.185 and the Comprehensive Plan Twait opened the meeting to public hearing. Jonathan Peters, Arctic Barnabas Welcomed questions from the Commission. There were none. MOTION: Commissioner Romain MOVED to approve PZ09 -36 and Commissioner Rogers SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the appeals process procedure. 5 -c. PZ09-37 An application for a 4.9 feet side setback variance, for the property known as 135 N. Willow Street, Kenai, Alaska. Application submitted by Jonathan Peters for Arctic Barnabas Ministries, Inc., 135 N. Willow Street, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting Arctic Barnabas planned to build a hangar onto the existing building, the plan would require three hour rated walls, and the application met the requirements of KMC 14.20.180 and the Comprehensive Plan Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ09 -37 with staff recommendations and Commissioner Rogers SECONDED the motion. VOTE: PLANNING AND ZONING COMMISSION MEETING JULY 8, 2009 PAGE 3 -132- Bryson EXCUSED Rogers YES Brookman YES Koester YES Romain YES Wells YES Twait 1 YES MOTION PASSED UNANIMOUSLY. Twait read the appeals process procedure. ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion Ordinance No. 2419 -2009 Increasing estimated revenues and appropriations by $7,299.30 for acquisition of property foreclosed upon by the Kenai Peninsula Borough for unpaid property taxes to be retained for a public purpose by the City. Kebschull reviewed the staff report. MOTION: Commissioner Rogers MOVED to recommend approval of Ordinance No, 2419 -2009 and Commissioner Brookman SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 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 July 1, 2009 City Council Meeting and reported on a zoning presentation made at the July 7, 2009 Borough Assembly Meeting. 9 -b. Borough Planning None 9 -c. Administration None PLANNING AND ZONING COMMISSION MEETING JULY 8, 2009 PAGE 4 -133- ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS 11 -a. 11 -b. 11 -c. ITEM 12: ITEM 13: MOTION: "Zoning Bulletin" May 25, 2009 PZ09 -38 Landscape/ Site Plan Arctic Barnabas Ministries, Inc., 135 North Willow Street (Lot 5, Block 5, General Aviation Apron SD Amended) Department of Army letter addressed to Judith Bittner, State Historic Preservation Officer Minutes prepared and submitted by: Corene Hall, Deputy City Clerk COMMISSION COMMENTS QUESTIONS None ADJOURNMENT Commissioner Brookman MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:30 p.m. PLANNING AND ZONING COMMISSION MEETING JULY 8, 2009 PAGE 5 -134- REPORT OF THE CITY MANAGER Date: July 9, 2009 To: City Manager From.: Fire Chief Tilly Subject: Midmonth report INTEROFFICE MEMORANDUM KENAI FIRE DEPARTMENT Runs for the timeframe of 6 -11 -09 to 7 -6 -09: Requests for service YTD 835 Total last year at this time 739 14% over this time last year Last 30 days 116 requests for service Summary of activities for last month: 1) All department members participated in their annual AMLS and ITLS Training. 2) Two Department members completed their ACLS training. 3) Three department members attended the ITLS Instructor training provided by Paul Perry KPC. 4) One department member attended the AMLS Instructor training provided by Paul Perry KPC. 5) Did Station tour for Naknu Family Services 6) Participated in a Pond Dive training exercise with Nikiski FD. 7) Held quarterly department EMS shift training with Paul Perry. 8) Continued participation with the Kenai College Paramedic ride a long program. 9) Planning for August 8 live drill with Community CERT members. 10)Installed new smoke detectors in 10 homes. 11)Certified department personnel conducted a Safe Kids Car Seat check clinic and 3 individual Safe Kids car seat checks. -136- Kenai Community Library Monthly Report July 2009 We were all deeply saddened to hear that our dear Emily DeForest passed away in June. She worked at the Kenai Community Library from 1971 -1999 and made it the great Library that it is today. She was volunteering at the library in her retirement and remained an active participant in library management through her service as a Library Commissioner and her attendance at all Friends of the Kenai Community Library Board meetings. We will all miss Emily. The library is using new software and we will be generating statistics in a new way. As much as is possible we will try to maintain the same types of reportage as we had in the past, but some displays and counts may be different. Please bear with us as we figure out how to tame the reporting module of our software. Total June Circulation 14255 Internet Express Use 690 Library Door Count 9,289 Downloadable Audio 196 We had 165 people wait listed this month to use our computers. 140,000 1.20,000 100,000 80,000 60,000 40,000 20,000 Income Fines and Rental Books 910.71 Xerox 229.00 Lost/Damaged 67.99 Test Proctoring Fee 40.00 Total income 06/09 $1.247.70 Total Circulation 6 FV2O06 FY2008 FY 2009. a Tot& CI rcul ation Adult Programs 6 Persons 22 Children's Family Programs.... 11 Attendees 260 We received notice from the State Library that we will receive an ILC (Inter Library Cooperation) Grant award of $4,300 for our proposal "Customers First for the 21 Century." These funds will cover a one -day workshop for staff of all the Kenai Peninsula libraries to be lead by a consultant. We worked specifically with the libraries in Seward, Soldotna and Homer on this project. Staff from all the other libraries on the Peninsula have been invited to attend. -137- To; Rick Koch, City Manager MEMORANDUM From: Rachael S. Craig, Senior Center Director Date: July 8, 2009 Subject: June Monthly Report Total number of days rented in Jun 2009: June 2009Monthly Meal Count Served: Total Congregate Meals Served: 1,491 Total Home Meals Served: 2,051 Total Non Seniors Meals: 12 June 2008 Monthly Meal Count Served: Total Congregate Meals Served: 1,205 Total Home Meals Served: 1,805 Total Non Senior Meals: 32 Total Volunteer Hours for June: 622 Director has been busy with quarterly reports and year -end closure. We have had notification that we received $170,224 from NTS, $115,337 from the Borough, and $30,400 from United Way. June is pie baking month for the 4 of July Booth. Senior women baked 100 pies for the 4 of July Booth. Kenai Peninsula's senior centers held their annual picnic at Soldotna Park. Volunteer Seniors from our center grilled 200 hotdogs and hamburgers. There were many different kinds of salads, baked beans and desserts. "Grandma's Hope Notes" from Homer came and entertained. This has been a traditionally "no- charge" meal; however the directors at an area -wide meeting decided to place a donation jar next to the serving line. A free will offering was collected. We collected enough donations to pay for the rental of the park as well as extra "porta- potties." Social Security continues to meet clients twice a month at the Senior Center. The first Wednesday of the month a social security person is here to verify documents and on the second Wednesday there is an audio /video web cam to meet people. Two senior volunteers assist with the signup sheet and direct the social security clients. -138- Me city of KENAI, ALAS A TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: July 8, 2009 Wile ye with a Past Gi with a `i �urein SUBJECT: Mid Month Report; Public Works Department 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 PUBLIC WORKS DEPARTMENT July 2009 REPORT The status of previously reported projects is as follows: Kenai Visitor's Center Heating System Upgrade 2009 (engineering by RSA Engineering, Inc. and construction by Blazy Construction, Inc.) Includes: Installation, replacement upgrades to heating, control, ventilation, boiler, carpeting and painting. The project is complete. The Kitchen upgrade and the Conference Room serving area upgrade project (Blazy) Is complete. Kenai Community Library Expansion Proiect ECI /Hyer, Inc.'s issued a'schematic plan' on 19 February 2009; Administration is considering the funding for the next phase of project design. Kenai Courthouse Parkins Expansion 2009 (Design by Wince Corthell- Bryson). Contract awarded to Peninsula Construction. Construction is almost complete with paving complete electrical landscaping work pending. South Ames and Basin View Drive Paving LID. (Design: Nelson Associates). Design completed 2/23/09, Public Review Meeting on 2/26/09 at 7PM; Plans Issued for Construction on 3/3/09; Pre -Bid meeting on 3/12; Bid opening on 3/24/09 at 3PM. On 4/1/09 Council awarded contract to Northstar Paving and Construction, Inc. Construction is complete. Cabin Relocation Proiect Historical Society is coordinating work; four cabins are jacked up and logs replaced as needed in preparation for the move. Volunteers and City equipment prepped new site with excavator. Foundation work is underway. Kenai Municipal Airport Rehabilitate Apron 2009 -2010. (Design by Wince Corthell- Bryson) The Project was awarded to Alaska Roadbullders. Will upgrade aprons, address drainage Issues and lighting. Part of the project will utilize so called 'Stimulus' funds. Project is underway. Kenai Municipal Airport Runway Safety Improvements: Taxiways F, G. and H Lighting. Grading, and Drainage 2009 (Design by Wince Corthell- Bryson). Design completed on 2/2/09, plans issued 2/24/09, Pre -Bid on 3/10; Bid Opening on 3/24/09 at 1 PM. 4/1/09 Council awarded project to Alaska Roadbuilders, Inc. Construction underway. Vintage Pointe Dry Sprinkler System Replacement 2009. 4/1/09 Council awarded contract to Alaska Automatic Fire Protection, Inc, Construction started 717 and expected to be completed by 7/21. Vintage Pointe Casement Window Replacement 2009. This will replace 64 windows in Vintage Pointe with energy efficient, easy to open and low maintenance windows. Bids were opened 3/3/2009 at 2PM; 4/1/09 Council awarded Contract to World Wide Roofing Construction, Inc. Construction is almost complete. Kenai: Various Road Improvements 2009 (Baron Park Lane HEA Access) (Design by Hattenburg, Dilley Linnet) (HDL)) Phase 2 to Marathon Road Improvements: Grading, Drainage, paving, Signing &Striping, Illumination and Water. ADOT is to bid the contract HDL to do construction management. Contract expected to be awarded in August. North Beach Fence Materials 2009 Construction is complete for a permanent fence (6 "x6 "x10' wooden posts and two courses of 3/8" galvanized chain) for the protection of North Beach Dunes. L ED Streetlight Installation 2009 So far 16 street lights between Fifth Ave. Kenai Spur Highway have been replaced with Light Emitting Diode (LED) Lights; Most of Kenal's main thoroughfare streetlights will be replaced (71) by LEDs by the end of summer. Kachemak Electrical Co. is contracted to furnish and install these lights. Small Proiects Planned for Summer 2009: Upgrade of boat launch ramp, expansion of Park Strip picnic pavilion, structural condition survey of the City dock, more curb and sidewalk repairs, bollards added in Municipal Park, Kenai Soccer Complex Storage Shed project is complete with slte -prep by City and construction by Blazy, a retro -fit of energy efficient interior lights and occupancy sensors for office spaces is planned for City Hall, -139- eke uyaf KENAI To: Rick Koch, City Manager Thru: Wayne Ogle, Public Works Director From: Robert J. Frates, Parks Recreation Director Date: July 8, 2009 RE: Mid -month Report e with a Past, n with 4 Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -3692 FAX: 907 -283 -3693 MEMORANDUM -140- June was particularly a busy month for the Parks Recreation Department. With the exception to the fence work on the north beach, most activities included routine maintenance tasks centered around addressing turf and park maintenance needs. The night watering crew has done an excellent job to date keeping turf areas and flower beds watered. The exceptionally hot and dry days have recently, however, caused us to double up on watering in some turf areas particularly in the more sandy areas along some of the right -of -ways. Groundskeeper Hernandez will be coordinating with the Street Department for the use of the water truck to water remaining right -of -way areas where access to water is limited The 1600 Wide Area Mower has been a welcomed addition to our mower fleet and has allowed us to easily keep up with mowing needs along the larger right -of -way areas and greenbelts. The department coordinated with the KCHS cross country ski team and installed fencing on the south side beach. The north beach fencing is complete with only some "fine tuning" remaining. The department worked with Sherman Signs for the production of two master signs for placement on the north shore; one at the end of Spruce Street and the other will be placed at the end of South Forest Dr. Portable toilets and a dumpster were provided for the 4 July activities and staffing provided throughout the day on the parkstrip. The local Softball Association also hosted a 30 team tournament. Director assisted with a Pre- Construction meeting with G &H Construction for the replacement of concrete ramps at the City Dock Facility, Staging and preparation will begin the first of August with actual construction scheduled for mid-August. Blazy Construction is expecting to have the fencing completed by Tuesday, July 14th. Painting is scheduled for the week of July 6 The Kenai Watershed Forum (KWF) wrapped up fertilizing tidal areas near the bird viewing platform. This should aide in the revegetation of this area. KWF is also attempting to minimize stands of Reed Canary Grass along Boat Launch Road and Bridge Access Right -of -Ways. Airport Projects: Airport Manager's Monthly Report July 8, 2009 Taxiway F, G, H Lighting Grading. and Drainage Improvement: The grading and drainage is completed and the seeding crew is onsite. Electricians are pulling wire and installing edge lights. Airport Rescue Fire Fighting Truck: A final review has been completed by the Kenai Fire Department with a final purchase price received on Thursday, July 2. The purchase price was sent to the FAA and FAA approval was received on Wednesday, July 8, 2009. A resolution for award to OSHKOSH will be on the July 15 Council agenda and a purchase order sent to OSHKOSH. Runway Safety Improvement Project: The Paint crew completed the runway painting. Only the obstruction clearing portion of this project remains to be completed and then the closeout process will begin. Apron Rehabilitation: Alaska Road Builders is well under way with the hauling of waste material from the north end to the localizer area. The localizer is NOTAM'd out of service from July 6 through July 25 to complete this part of the project. Summer Projects: Numerous projects will be starting at the terminal building including the relocation of 2 light poles from the short term parking lot (eliminating fender damages), refreshing the landscaping in front of the terminal, and installation of an automatic pay station for the vehicle parking. Please be aware of the construction process for these much needed improvements at the airport. 2009 -06 -141- the ca• u f KENAI, ALASKA To: Rick Koch, City Manager 7-f. From: Terry Eubank, Fi.nance Director Date: July 8, 2009 Re: Finance Department July 2009 Mid Month Report 'Wage with a Past, Ci with an/dare FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907 283 -3014 The end of FY2009 came and went and many yearend procedures are in full swing. Much of the department's efforts over the next couple of months will focused on yearend procedures and financial statement preparation. The annual audit is scheduled for the week of September 29` at which time a complete draft of the City's Comprehensive Annual Financial Report will be ready. The 2009 dipnet fishery opens July 10' and the department has been working with Park's, Public Works, and the Police Departments in preparation and to train our seasonal help to work in the dipnet shacks. The dipnet fishery significantly increases the department's workload in counting and reconciling the daily receipts from the fishery. The cooperation and efforts of all departments certainly helps to reduce the impact on the finance department and it is greatly appreciated. -142- Kenai Police Department To: Rick Koch, City Manager Front: Gus Sandahl, Police Chief 4S- Date: 7/2/2009 Re: Police Communications Department Activity June 2009 Police handled 649 calls for service. The Communications Center received 116 emergency 9 -1 -1 calls. Officers made 84 arrests and wrote 298 reports. On June 4 an adult male was arrested for felony drug possession at a local fish processing plant. Officers responded to the business after a report he was selling methamphetamine. On June 21, an adult male was shot in the leg at a party in east Kenai. The adult shooter was arrested for felony assault. On June 22, a business was burglarized in old town Kenai (no arrests made). On June 23, a male was arrested for burglary after he entered a garage and stole a bike in the Walker Ln. area. Officers were busy investigating these and multiple other cases. As a result, traffic contacts decreased in June. Traffic enforcement resulted in 88 warnings, 34 speeding tickets, 26 seatbelt tickets, 10 citations for equipment violations, and 29 citations for "other" traffic violations. There were 14 DUI arrests, 3 of which were felony DUI's. This was a high number of DUI arrests for one month. Police investigated approximately 9 vehicle crashes (2 injury crashes). Four of these crashes were DUI related. On June 4 Officers Dan Smith, Jayms Harris, and Alex Prins graduated from the Public Safety Academy in Sitka. Chief Sandahl attended the graduation, along with chiefs from around the state. From June 1 to June 5 Lt. Wannamaker, Sgt. Langham, and Officer George, helped facilitate the 2009 Alaska Peace Officers Association annual crime conference at the .Sports Center in Soldotna. Officer Russell attended the conference along with Dispatchers, Mike Nusbaum, Todd Hamilton, and Stacey Day. Dispatcher Cheryl Bemowski resigned on June 1. Dispatcher Trish Gordon resigned on June 11. Danielle Braun started work as a dispatcher on June 22. Officers continue to work DUI and Click -it or Ticket campaigns (funded by the Alaska Highway Safety Office). -143- STRAY Dogs Cats Other Animals RELEASED BY OWNER 29 Dogs Cats Other Animals D.Q.A. Dogs Cats Other Animals TOTAL ANIMALS Borough Animals Total Dogs Total Cats Total Other KENAI ANIMAL CONTROL REPORT June 2009 2009 2008 73 54 ADOPTED 45 28 Dogs 28 26 Cats 0 0 Other Animals 17 12 0 32 CLAIMED 12 Dogs 12 Cats S Other Animals 25 2 EUTHANIZED 10 0 Dogs 2 2 Cats 13 0 Other Animals 127 MISC. DISPOSITION 2.1 17 Field Investigations 72 40 Volunteer hours 42 43 Total phone 1 5 Kennel Permits -144- 2009 2008 33 48 13 23 20 20 0 S 31 12 26 12 5 0 0 0 37 26 22 S 15 21 0 0 1 0 78 124 76 46 581 928 0 0 INFORMATION ITEMS 1C INFORMATION ITEMS KENAI CITY COUNCIL MEETING JULY 15, 2009 1. 7/15/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. 7/6/09 PZ Resolutions Second Quarter 2009 Report. 3. 7/8/09 R. Molloy memorandum related to Ordinance No. 2396 -2009 (litigation disclosure and litigation disclosure requests). 4. 6/28/09 G. Ford, Alaska Unocal Retirees Association thank -you letter. -146- O V Q LL O O O O O N CC 0 N N Z W LEI W LL co 0 w O O z CC w t V Z 4 U 08 000000 Z O 0 0 0 0 0 0 0 Q N N 0 0 0 0 0 0 0 0 0 0 0 0° 0 O O o 0 0 0 O O fJ O O trio fD c o; r t1} 0 o m Ng 4 0 0 00 0 0 0 0 0 0 0 0 0° t N O M O O O O Of N N O N NCO tr) O W N 0 m O O O D O K M O tl' O O gt O O y O> O o cp tl" O O O O U> O O r rD O O tv- M O o t(CC V ry r0 r e r M M r tt �I' r to C'i L. co co' r M t"i t(j O M S`. h C a CO Z w w w z CO CO CO U U U U W 0 0 0 5 N w CO w a �yJ J J W W -t W W Z Z W W W Z Z 0 Q Z 0 O Z 0 D Z Z Q 0 Q Q Z Z Z_ 0 w Z d J Z Z J J Z m O Z U CD Z O O p 0 0 Z o Q Z¢ Q Z Z 2 O g O O z co o$ 0 5 05 0) O d V M fb 0 otS Z Z o5 05 W Z 0 N 5 22 0 0 W D5 W 05 V) o otS V) N r aa04aCa) Fz w w ZZ¢1?rcwa ww a Q F- I. 0) W Q w u) Q z re 7Q W J W U. 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N 2 U H d U U 2 d U w 5 W w 5 i a 0 U' a -147- PZ Resolutions Second Quarter 2009 TI PE OF PERMIT Resolution TYPE MEETING DATE ACTION Amend KMC Conditional Use Permit Home Occupation Permit Landscape /Site Plan Preliminary Plat Monday, July 06, 2009 200919 14.25 Landscape 4/22/2009 Approved 200920 14.22.010 Land Use Table 4/22/2009 Approved 200925 14.15 House Numbering 5/27/2009 Approved 200927 14.22.010 Land Use Table 5/27/2009 Approved 200934 14.22.010 LC Zone 6/24/2009 Approved •200935 14.20.050 Non Conforming Uses 6/24/2009 Approved 200930 CUP for Outside Storage 200921 Daycare 200924 Merit Plaza Coffee Cart 200926 Kenai National Guard Armory 200926 Public Picnic Pavitlln 200931 Office building 200932 Cross Country S Shack 200922 Sungate Park SD Randall Addn, 200923 FBO Subdivision No. 9 -148 6/10 /2009 Approved 4122/2009 Approved 5/13/2009 Approved 5/15/2009 Approved 5/21/2009 Approved 5/29/2009 Approved 5/29/2009 Approved 5/27/2009 Approved 5/27/2009 Approved Page I of 2 TYPE OF PERMIT Resolution TYPE MEETING DATE ACTION Rezone Variance 200910 MAPS Special Zoning District 4/8/2009 Postponed 200929 Split RR (Killen Estates) 6/10/2009 Approved 200933 6' High fence 6/10/2009 Approved Monday, July 06, 2009 Page 2 oft -149- TO: FROM: DATE: SUBJECT: MEMO #4 Mayor, Council, Administration Bob Molloy 07 -08 -09 LITIGATION EXCEPTION ORDINANCE NO. 2396-2009, Amending The KMC With The Addition Of Chapter 10.40, Entitled "Release Of Public Records" And "Regulations Concerning Public Records Inspections" Information Item #4 Our proposed ordinance includes a section 10.40.055 Litigation Disclosure and a regulation 2.04 Litigation Disclosure Requests. The proposed form for the requester's use includes a certification that the requester is not involved in litigation with the City. It is my understanding that these proposals are based on Alaska Statute 40.25.132 Litigation disclosure. (See attached page marked A). Other municipalities, such as Kenai Peninsula Borough, have a code section similar to this statute and to the section proposed for the City of Kenai, section 10.40.055 Litigation Disclosure. However, in a recent decision of June 26, 2009, Copeland and Ott v. Ballard, Dept. of Env. Conservation, the Supreme Court of Alaska again suggested that an equal protection challenge under the Alaska Constitution to this "litigation exception" created by Alaska Statute 40.25.132 might prevail in the Supreme Court of Alaska. (See attached page marked B). In light of this message from the Supreme Court, we should consider, and during the work session, have a discussion about what it would mean, and what the effect would be, if the City does not adopt the "litigation exception" and all requesters of public records are treated the saute (that is, if we delete the "litigation exception" from the City of Kenai's ordinance and regulations). -150- AS 40.25.122 's Alaska Statutes Annotated Currentness Title 40, Public Records and Recorders Wst L WeestLaw. Chapter 25. Public Record Disclosures (Refs Annos) Article 1. Inspection and Copying of Public Records 4 P 40.25.122. Litigation disclosure Page I A public record that is subject to disclosure and copying under AS 40.25.110-40/5.120 remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving a public agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication. In this section, "involved in litigation" means a party to litigation or representing a party to litigation, including obtaining public records for the party. CREDIT(S) SLA 1990 ch. 200. F 6' SLA 1996. ch. 108, F 3. HISTORICAL AND STATUTORY NOTES This section was originally enacted as AS 09.25.122 and renumbered and amended to substitute "AS 40.25.1 10- 40.25.120" for "AS 09.25.110-09.25.120" by the Revisor of Statutes in 2000. LIBRARY REFERENCES Records 54, 62. en 9M0 Thnmenn Rwrtnra /Wr.et Nn rbarn to fait; ttR C:n,r Unripe -151- denied the access in violation of their due process rights. When assessing whether an administrative action violates the due process clause of the Alaska Constitution, we use the framework established by the United States Supreme Court in Mathews v. Eldridge. We weigh: (1) the private interest at stake; (2) "the risk of an erroneous deprivation" of the private interest and the value of additional safeguards; and (3) the government interest noting particularly the cost and "administrative burdens" entailed by additional procedural protections. In this case we have no trouble concluding that the agency's denial of access to the record violated due process. The regulation's effect is to prevent access to the record prior to certification. As litigants, Copeland and Ott have a strong interest in accessing the record it is the platform upon which they must build their case. Access to the record is also important when the parties attempt to negotiate a limited record for review in order to control costs, as they did here. DEC has offered no valid governmental interest in denying access, asserting only that: (1) the parties all had access to the record when they participated in the plan review process; (2) most of the record is irrelevant; and (3) the documents were publicly available during plan review a statement that Copeland and 3z We have previously noted that the litigation exception of the Act somewhat inexplicably "limits access to otherwise public records." Brady v. State, 965 P.2d 1, 18 (Alaska 1998). We have also noted that an equal protection challenge to this statute might prevail. Id. at 19 -20 (noting that equal protection challenge to AS 09.25.122, now re- numbered as AS 40.25.122, is plausible, but holding the plaintiff in that case had waived the argument). Because Copeland and Ott do not raise these arguments, we do not consider them here. City of v. State, Dep't of Res., 566 P.2d 1314, 1319 (Alaska 1977) (quoting Mathews v. Eldridge, 424 U.S. 319, 334 -35 (1976)). 34 Id. 410 Fr- 1 f �G�t l -11- 63 dia <CL 1 ,lea 5— /J4(-1 6- h saeZ, /2DNk -152- Alaska Unocal Retirees Association 526 Ash Ave., Kenai, AK 99611 June 28, 2009 Rick Koch City Manager 210 Fildago Ave. Kenai, AK 99611 Dear Rick: Our Unocal Retirees Association members wish to thank you for the very interesting presentation you gave at our meeting on June 4th. Most of us were not aware of the many projects the city has going this summer and their costs. We appreciate what you are doing for Kenai and realize that some of these projects also benefit people who live outside the city limits. Si erely George L. Ford Secretary/Treasurer cc: Cliff Heus, President -153- CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE JULY 15, 2009 COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at its regular meeting of July 15, 2009. 1. Substitute Ordinance No. 2419 -2009 1) Increasing Estimated Revenues and Appropriations by 57,299.30 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; and 2) Declaring Lots 12, 13, 14, 15, and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, Also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be Retained by the City of Kenai for a Public Purpose. 2. 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. 3. 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. 4. Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non Conforming Uses to Expand. 5. 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. 6. Resolution No. 2009 -40 Approving the Purchase of Three Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing. 7. Resolution No. 2009 -41 Supporting the "Preserving the American Historical Records" Bill (H.R. 2256). 8. Resolution No. 2009 -42 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, Directing Items on Attachment A be Sold as Allowed in Kenai Municipal Code 7.15.060, and the Four -Story Fire Adopted Ordinances /Resolutions July 15, 2009 Council Meeting Page 2 of 2 Training Building Located at 400 Marathon Road May Be Sold by a Broker. 9. Resolution No. 2009 -43 Awarding a Contract to Oshkosh Corporation for a Striker 3,000 Gallon Aircraft Rescue and Fire Fighting Vehicle for the Total Amount of $888,081 FOB Kenai. 10. Resolution No. 2009 -44 Transferring S281,935 in the Wellhouse 4 Capital Project Fund for Additional Engineering Services. 11. Resolution No. 2009 -45 Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, "Kenai Municipal Wastewater Treatment Plant Upgrades, and Related Improvements" as the Number One Local ADEC Funding Priority for Fiscal Year 2011. Copies of the ordinances and /or resolutions are available in the Office of the Kenai. City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas,'Kenai City Clerk Posted: July 16, 2009 CITY OF KENAI NOTICE OF PUBLIC HEARING JULY 15, 2009 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of July 15, 2009. 1. Ordinance No. 2419 -2009 Increasing Estimated Revenues and Appropriations by S7,299.30 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. a. Substitute Ordinance No. 2419 -2009 1) 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; and 2) Declaring Lots 12, 13, 14, 15, and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, Also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be Retained by the City of Kenai for a Public Purpose. 2. 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. 3. 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. 4. Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non Conforming Uses to Expand. 5. 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. 6. Resolution No. 2009 -40 Approving the Purchase of Three Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing. 7. Resolution No. 2009 -41 Supporting the "Preserving the American Historical Records" Bill (H.R. 2256). 8. Resolution No. 2009 -42 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, Directing Items on Attachment A be Sold as Allowed in Kenai Municipal Code 7.15.060, and the Four -Story Fire Training Building Located at 400 Marathon Road May Be Sold by a Broker. 9. Resolution No. 2009 -43 Awarding a Contract to Oshkosh Corporation for a Striker 3,000 Gallon Aircraft Rescue and Fire Fighting Vehicle for the Total Amount of $888,081 FOB Kenai. 10. Resolution No. 2009 -44 Transferring S281,935 in the Wellhouse 4 Capital Project Fund for Additional Engineering Services. 11. Resolution No. 2009 -45 Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, New Water Transmission Mains (Phase 1I), Well House, Wells, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2011. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, enai City Clerk Posted: July 10, 2009. AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.d.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Trent Dodson, Cook Inlet Regional Citizens Advisory Council Overview /Update of Organization Activities. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. 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. a. Substitute Ordinance No. 2419 -2009 1) 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; and 2) Declaring Lots 12, 13, 14, 15, and 16, Block 3, East Addition, Townsite of Kenai, Kenai, Alaska, Also Known as 600, 602, 604, 606 and 608 Peninsula Avenue, Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records was the First Baptist Church, 5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shah be Retained by the City of Kenai for a Public Purpose. 2. 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. 3. 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. 4. Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non Conforming Uses to Expand. 5. 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. 6. Resolution No. 200940 Approving the Purchase of Three Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing. 7. Resolution No. 2009-41 Supporting the "Preserving the American Historical Records" Bill (H.R. 2256). 8. Resolution No. 200942 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, Directing Items on Attachment A be Sold as Allowed in Kenai Municipal Code 7.15.060, and the Four -Story Fire Training Building Located at 400 Marathon Road May Be Sold by a Broker. 9. Resolution No. 2009.43 Awarding a Contract to Oshkosh Corporation for a Striker 3,000 Gallon Aircraft Rescue and Fire Fighting Vehicle for the Total Amount of $888,081 FOB Kenai. 10. Resolution No. 2009 -44 Transferring $281,935 in the Wellhouse 4 Capital Project Fund for Additional Engineering Services. 11. Resolution No. 2009 -45 Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, "New Water Transmission Mains (Phase 0), Well House, Wells, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2011. ITEM F: UNFINISHED BUSINESS None ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15000. 3. *Ordinance No. 2424 -2009 Increasing Estimated Revenues and Appropriations by $426.25 in the General Fund for the Police Department to Purchase a New Glock Duty Pistol From Asset Forfeiture funds Provided to the City of Kenai. 4. 'Ordinance No. 2425-2009 Enacting KMC 14.20.255 Establishing a Process for the Regulation 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 are a Conditional Use in the Rural Residential (RR) and Central Mixed Use (CMU) Zones. 5. "Ordinance No. 2426 -2009 Increasing Estimated Revenues and Appropriations by $2,281.00 for a City Clerk Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 6. Approval Amended Employment Agreement Between City of Kenai and Rick Koch. 7. Discussion Airport Fuel Flowage Fee 8. Discussion Salary Adjustment /City Clerk. EXECUTIVE SESSION Personnel Issue and Financial Matter of the City. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at htt j /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211