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Home My WebLink About2009-08-05 Council PacketI COUNCIL MEETING DATE: Mayor/Council Senior Center Clerk r Police Department Library (2) i Fire Department Attorney City Manager Finance Airport Parks Recreation Schmidt Student Rep. Hall Binder r Taylor /Floyd Kebschull /Carver Ogle 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 Peninsu /a 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. 11 11 fl p s II 1111 111 h l II z an-ewe JOHNSON 1_ BOYLE HaLHOcil �3 llvvv 3u0 3OQiHGi3 LROSS z 0 z 0 w J 0 CO w H CC 0 W 0 0 w 0 0 0 J w 0 O J 0 J cn 4 al WI H DC 000 ma w -J -J co W 0 0 0 cC O J J 0 w Q O 2 0 0) W J 0 co W 0 0 c W 0 0 EC co 0 c 0 O J J 0 cn 2 z 0 (oIW 00 w cC 0 a w W J Q w LU O co 0 0 O 4 z O CO J 0 cc w H 0 a w LU J CC Cr) 2 W COUNCIL MEETING OF ELDRIDGE 0) O w 0 0 m CC w F- CC 0 a. w cc 0 0 u> 5 z 0 z' 0 w -J 0 cc w 1— cc 0 d w J J w cc 0 0 w O 0 0 J w co co 0 0 J J O 2 O co Lu z 0 0 w F- cc 0 d w J -J w cc O O 0 cc O -J 0 0, 5 z 0 co in 0 0 0 02 cc w F- 0 d r w w 0 0 w 0 0 J w co 0) 0 Y 0 O COUNCIL MEETING OF ELDRIDGE ELDRIDGE S 1 I JOHNSON BOYLE PORTER SMALLEY MOORE 1 ELDRIDGE SSOa MOLLOY 0) O w 0 0 m CC w F- CC 0 a. w cc 0 0 u> 5 z 0 z' 0 w -J 0 cc w 1— cc 0 d w J J w cc 0 0 w O 0 0 J w co co 0 0 J J O 2 O co Lu z 0 0 w F- cc 0 d w J -J w cc O O 0 cc O -J 0 0, 5 z 0 co in 0 0 0 02 cc w F- 0 d r w w 0 0 w 0 0 J w co 0) 0 Y 0 O COUNCIL MEETING OF ELDRIDGE ELDRIDGE o• E rzi z L TESTIMONY SIGN -IN SHEET arf MOVE: D -7, Resolution No. 2009 -48 (in memory of Emily DeForest) and D -8, Resolution No. 2009 -49 (in memory of George Navarre) to be heard prior to D -1, Ordinance No. 2398 -2009. MAYOR PORTER No changes. AUGUST 5, 2009 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET CONSENT AGENDA REQUESTED BY: ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 5, 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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker 1. 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. The motion to adopt is active.) a. Substitute Ordinance No. 2398 -2009 Increasing Estimated Revenues and Appropriations by $250,000 in the General and Library Expansion Capital Projects Fund for Capital Improvements 2. 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 3. 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 3 5 7 4. 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. Resolution No. 2009 -47 Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060 7. Resolution No. 2009 -48 In Memory of Emily DeForest and Commending Her Contributions and Commitments to the City of Kenai and Kenai Community Library 10. Resolution No. 2009 -51 Authorizing a Budget Transfer Within the General Fund, Recreation, Parks, and Beautification Departments for Installation of Water Service to the City Cemetery 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2427 -2009 Amending KMC 21.05.085 Amending the Fuel Flowage Fee to Exclude Fuel Delivered to the Airport Solely for Transport Off the Airport for Delivery or Resale to Another Entity 4. *Ordinance No. 2428 -2009 Amending KMC 7.25.020 to: 1) Better Define How Budget Transfers in Amounts of Less Than Five Thousand Dollars ($5,000) are Accomplished; and, 2) Provide that Budgetary Control for a Capital Project is Done at the Project Level Rather Than the Object Level; and, 3) That Object Level Budget Transfers in Capital Projects in Excess of Five Thousand Dollars (S5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis 33 5. Resolution No. 2009 -46 Adopting Minimum Standard Requirements for Aeronautical Services for the Kenai Municipal Airport 34 41 43 8. Resolution No. 2009 -49 In Memory of George A. Navarre and His Contributions and Commitments to the City of Kenai and Surrounding Community 45 9. Resolution No. 2009 -50 Adopting an Identity Theft Policy 46 52 ITEM E: MINUTES 1. *Regular Meeting of July 15, 2009 54 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 76 77 78 80 5. *Ordinance No. 2429 -2009 Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant 82 6. *Ordinance No. 2430 -2009 Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant 84 7. *Ordinance No. 2431 -2009 Increasing Estimated Revenues and Appropriations by $60,000 in the Airport fund and In the Airport Improvement Capital Project Fund for a Supplemental Environmental Assessment at the Kenai Airport's Float Plane Basin 8. *Ordinance No. 2432 -2009 Increasing Estimated Revenues and Appropriations by $19,928 in the Senior Citizen Title III Grant Fund for the Purchase of New Dining Room Chairs 86 88 9. Discussion Donation /FY10 Funding for the Boys Girls Club of the Kenai Peninsula, 90 10. Discussion Position Creation /Capital Projects Manager 104 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 105 2. Airport Commission 108 3. Harbor Commission 4. Library Commission 112 5. Parks Recreation Commission 6. Planning Zoning Commission 114 7. Miscellaneous Commissions and Committees a. Beautification Committee 119 b. Alaska. Municipal League Report c. Mini -Grant Steering Committee d. Advisory Cemetery Committee 122 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 126 2. City Attorney 3. City Clerk 141 ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 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. ITEM M: ADJOURNMENT INFORMATION ITEMS AUGUST 5, 2009 Page No. 1. 8/5/2009 Purchase Orders Between $2,500 and $15,000 for council review 148 2. 8/5/09 Public Works Department, Project Status Report 149 3. 7/30/09 J. Lawton communication related to City Dock operation 150 4. Kenai Fire Department letters of commendation to Captain Anderson and Engineer Satathite 151 5. 7/20/09 H. Hancken letter of commendation to the Kenai Fire Department EMS crew 153 6. 6/09 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports 156 7. 7/21/09 S. Atwater, Superintendent, Kenai Peninsula Borough School District, Annual Report 09 -09 158 ea«,ryof KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2398 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, via Ordinance No. 2321 -2008, the City appropriated a State of Alaska grant for public improvements by placing $250,000 in the Library Expansion Capital Project and the remaining $750,000 in the Street and Sewer Capital Project Fund; and, WHEREAS, unexpended and unencumbered funds of approximately $170,000 in the Library Expansion Capitol Project Fund is insufficient to award the next design phase of the project; and, WHEREAS, grant provisions do riot prohibit our ability to direct more of this grant to the Library Expansion Project; and, WHEREAS, $605,160 of the original $750,000 directed to the Street and Sewer Capital Projects Fund remains unidentified to specific projects; and, WHEREAS, it is in the best interest of the City of Kenai to continue the design in working toward completion of the Expansion Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Street and Sewer Capital Projects Fund Decrease Estimated Revenues: State Grants $250,000 Decrease Appropriations: Construction $250,000 Library Expansion Capital Project Fund Increase Estimated Revenues: State Grants 250,000 Increase Appropriations: Construction $250,000 New Text Underlined. IDE,.ETED TEXT BRACKETED Ordinance No. 2398 -2009 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of May, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: .B.E L 2 RICHARD A. ROSS, VICE MAYOR New Text Underlined; (DELETED TEXT BRACKETED] Introduced: April 15, 2009 Adopted: May 6, 2009 Effective: May 6, 2009 the cdyaf KENAI. ALASKA CITY OF KENAI ORDINANCE NO. 2398 -2009 SUBSTITUTE Suggested by Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $250,000 IN THE GENERAL AND LIBRARY EXPANSION CAPITAL PROJECTS FUND FOR CAPITAL IMPROVEMENTS, WHEREAS, the City has previously designated $850,746 of General Fund, Fund Balance for capital improvements; and, WHEREAS, unexpended and unencumbered funds of approximately $165,000 in the Library Expansion Capital Project Fund is insufficient to award the next design phase of the project; and, WHEREAS, $250,000 is available in General Fund Designated Fund Balance and the project is in line with the designated purpose of the funds; and, WHEREAS, it is in the best interest of the City of Kenai to continue the design in working toward completion of the Expansion Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Designated Fund Balance $250,000 Increase Appropriations: Transfer to Capital Projects $250,000 Library Expansion Capital Project Fund Increase Estimated Revenues: Transfer from General Fund 250,000 Increase Appropriations: Construction $250,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: April 15, 2009 Adopted: August 5, 2009 Effective: August 5, 2009 _he ct of RE Al, SKA Rick Koch, City Manager �f From: Terry Eubank, Finance Director Date: July 30, 2009 Re: Substitute Ordinance 2398 -2009 "Village with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907 283 -3014 Per your request I have drafted a substitute for Ordinance 2398 -2009. The substitute changes the funding source from a redirection of previously appropriated to street and sewer projects to fund balance in the General Fund that has previously been designed for capital improvements pursuant to KMC Chapter 7.25. Pursuant to KMC 7.25.100 (c) the proposed use of designated fund balance is allowable provided the remaining $162,801.63 of state grant funds previously appropriated to this project by Ordinance 2321 -2008 are expended first. Excluding the $162,801.63 of unspent grant funds previously appropriated to this project there are no other unappropriated state or federal grant funds available for this project at this time. Should the substitute be utilized KMC 7.25.070 (c) will require 5 favorable Councilmember votes for adoption. c ryo KE ALALASKA 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 CLOCK 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 5426.25 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: CITY OF KENAI ORDINANCE NO. 2424 -2009 Suggested by: Administration $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: r• PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] 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 $19225. 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 Glock pistol, which will be issued to a patrolman. A new Glock pistol costs approximately $500. e Page 1 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 manner 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 Underlined (DELETED TEXT ERACKETEDI -7- 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 ICVIC 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. Ordinance No, 2425 -2009 Attachment `A" Page 2 of 7 (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. (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 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 analysi.s 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. (3) 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 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. -10- 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 pei uit 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 m.ust 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. (I-1) 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. 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. (13) 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. (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. -12- Ordinance No. 2425 -2009 Attachment "A" Page 6 of 7 (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). (f) 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. (g) Stealth Communications 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. -13- 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: I) 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. Uj 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. -14- ZONING DISTRICTS RESIDENTIAL LAN USES C RR RRl RS RS S Mill CG ®E R One Family Dwell ing O P P P P P S° S C" P P P S' /C /Three Family Family Dwelling C d P P P P P f F�' S' !Mc c" P Will /C 1 Four Family Dwelling I C P C P N N P P 21 S C C C N P C S' /C Five /Six Family Dwelling C C" C C N N P C' N N P P" C C P" S� C C N N N N P C S' /C P C en or More Family l Dwelling Townhouses C'" C C C C C C C C' C C C C Mobile Homc Parks N C C C C C 0 flnial C C C C C U V U U N N C C N N C C C C ;Planned Unit Residential 'Development' C s C C C 0 C COMMERCIAL L AND USES C RR RRl "S RS! s 00 IL 111 ED R TSH LC CMI Automotive Sales N C C N N C P P P P N N N N P Automotive Service Stations N C C N N N C P P P 1? N 0 N N P I s N 0 0 0 N N C P P P C N C 0 C P Business /Consumer Services N 1 C 0 0 N NC P 1 P P C N C C C P Guide Service N N ®MMEN" C C C N C P P P P P P P C N N P C P P 0 C P P Hotels/Motels L odge N C C C P P I P C N P P C P Professional offices N C C C P P P P P N C P P P Restaurants N C C C N N C P P P C N C C, C P Retail Business N C C C N N C P P P P S S C C P i Wholesale Business N C C C N N C C P P P N S C C N lTheaters /Commercial I Recreation N C C C N N P a U P C C N P C C P Ordinance No. 2425 -2009 Attachment `B 14.22.010 Land use table. KEY: P Principal Permitted Use C Conditional Use S Secondary Use N =Not Permitted LAND USE TABLE -15- Page 1 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LA ND USES C RR RRI RS RSI RS2 RU CC CG IL II3 ED R TSH 1 CMI Airports and Related Uses P'" C C C N N C P P P P N C N N C Automotive Repair N C C C N N C P P P P N N N N P Gas Manufacturer /Storage N N. C C N N N N N C C N N N N N Manufacturing /Fabricating/ Assembly N C C C N N C C P P P N C C N C Mini Storage Facility N C C C N N C C P P P N N N 0 C Storage Yard N C C C N N C C P P P NN N NC Warehouses N C C C N N C N P P P N 0 N N N PUBLIC/ INSTITUTIONAL L AND USES C RR RRI RS RSI RS2 RU CC CG 11 Hi ED R TS H LC C 1 Charitable Institutions C C C P P® P P C 1' C P a �n° Pao 0 P P Clinics s C C C C C 0 PP C olleges* C C C C C C C P C C P E lementary Schools" C C C C C C C P C C P Building C hools Buildings C C C C P C H ah Schools* Hospitals* C C I C C C C C FIM C C P Libraries* C 0 C C C C C' P C P Museums C C C C C P P P C P 1 C P C P Parks and Recreation P P P EINIMMOIMMEM Assisted Living C© 0 C C C 0 0 0 0 0 0 0 0 MISCELLANEOUS LAND USES C RR RR1 RS RSI RS2 I RU CC CG II ll ED I R TS H LC C Animal B C P Bed and Breakfasts C P C C C 0 ®IMME11111111111M P P C N P® C- P Cabin Rentals Cemeteries C C C C N N N N C C C N C C N N Crematories /Funeral Homes N C N 0 N N C C 0 0 N 0 0 0 Day Care Centers" CC C C C C C P P P C C C C P P Dormitories/Boarding Houses C C C C C C P P" S C P P" C n P Essential Services P P P P P P P P P P P P P P I P P F arming'General Agriculture P P N N N N N N N N P N. P N N N Greenhouses/Tree Nurseries C C C o C C C P P P C N n C C P 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 -16- ZONING STR1CTS MISCELLANEOUS AND USES C RR RRI RS RS F RS2 RU CC CG FL FR ED R TSB LC CMU Gunsmithing, Printing Taxidermy N C C C C C C P P P P N C P P P Assemblies" (Large: Circuses, Fairs, Etc.) C C C C C 0 C P'' P P P P 0P N P Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C C 0 C 0 C P P P C N C P C P Nursing, Convalescent or Rest Hom N C C C C 0 C P P C 0 C 0 0' 0 P Par king, Off tree P P P P P P P P P P P P P P P P Parking, Public Lets" C 0 C 0 0 C 0 C C C C C C C C C Pers onal Services' C 0 C C C C C P P P P C 0 P" P/C P Common; v ion Towers P [P] C C C C C C P P P P P C C' C [P) C antenna(s)Radio/TV Transmitters /Cell Sites** Recreational Vehicle Parks C C C C N N C C 0 C C N C 0 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 0 N N C N 0 C C N C N N N See 42 USCA Sec. 2000ec (Religious Land Use and Institutionalized Persons Act of 2000} See 42 Telecommunications Act of 1996_ Sec. 714(a) See, however, the limitations imposed under KMC 3.10.070 Footnotes: I. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscapin.gisite 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 he approved by the Commission; c. Yards around the site, 01T-street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of-the surrounding neighborhood,aand willnot adversely affect surrounding property values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 5. See "Mobile Homes" section. Ordinance No. 2425 -2009 Attachment `B" KEY: P Principal Perm" Use C Conditional Use S Secondary Use N =Not Permitted 14.22.010 LAND USE TABLE Page 3 of 4 NOTE: Reference footnotes on following pages for additional restrictions -17- 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. ]0, 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 no 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 (ands. 19. Deleted by Ordinance 2144 -2006. 20. me 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 /'rSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. ed 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 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. -18- CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 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 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 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, 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 KEN ALASKA, this 8th day of July 2009. r AIFFEST a,� A New text underlined [DELETED TEXT BRACKETED AND ALL CAPSI -19- CHAIRMAN 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 Y.MC 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. -20- PZ09 -03 Attachment "A" (b) Per (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. (1) Administrative Permit. -21- Page 2 of 8 (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. (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; 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; (DI A report from a structural engineer regi.stered 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 -22- 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. (J) 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 deter urination 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 -23- 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 pet uiit for a proposed communications tower within 1,000 feet of an e5dsting 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. -24- PZ09 -03 Attachment "A" Page 6 of 8 (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. (ID) 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. (G) Height variances. A freestanding or guyed communications tower /antenna exceeding height limitations may be peiuiitted 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 (Unto, ELI Codes) and AS 29.35.141 (including height limitations). -25- PZOB -03 Attachment "A" Page 7 of 8 (fl Antennas located on existing structures. (I) 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 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. -26- PZ09 -03 Attachment "A" Page 8 of 8 (g) Stealth Communications 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. (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 (Le_ health) effects of radio frequency en 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 per Writ which is subject to appeal to the Board of Adjustment. -27- ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RR1 RS RS1 RS2 RU CC C" IL IR ED R TSH LC CMU Gunsmlthing, Printing, Taxidermy I z C C C C CCPP P N I I� P P P Assembliesls (Large' Circuses, Fairs, Etc.) C C C CC CC PIS pi5 pis pis ply C0_I p N pis Fraternal Organizations/ Private Clubs /Social Halls and Union Halls I z C C C C CC P P N U P U P Nursing, Convalescent or Rest Homes NC C CC C C P C C C I 1 C C P Parking, Off- Street PP P P P P P P P P P P P P P Parking Public Lots C C C C 0 CC L CC C U C C C Personal Services C C C C C CC P P P P C P P P Communications Towers P IPI C C C C C C PP P P P U C U (P) C antenna(sl /Radio /TV Transmitters /Cell Sites 77 Recreational Vehicle Parks C C C C N N C C C C C N I C C Subsurface Extraction of C C C C C C C U C C C N N N Natural Resources Surface Extraction of Natural Resourcesl C C C C N N C I C C C N 0 N N 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 KMC 3.10.070 PZ09 -P Substitute Attachment 13" KEY: P Principal Permitted Use Conditional Use 3 Secondary Use N Not Permitted Footnotes: KMC 14.22.010 LAND USE TABLE -28- 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 under the landscaping /site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2, One (1) single family residence per parcel, which is part of the main building, 3. Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; c. Yards around the site, off street parking, and other development requirements shall be the same as for principal uses in 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; 1. 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 Iocation 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 'WC 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. -29- 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 (PI use if the applicable conditions set forth in KMC 14.20.255 are net or a- conditional use (0 if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. -30- are apt of KENA, IIP 4145 MEMO: 'Village with a Past, ti 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch, City Manager I FROM: Marilyn Kebschull, Planning Administration DATE: July 28, 2009 SUBJECT: Ordinance No. 2425 -2009 Communication Towers with a Future t lllp l 199i This ordinance, if approved, establishes a process for the regulation of communication (cellular) towers in the City. There are no existing regulations to guide development of towers except building codes and development requirements for the zone, i.e. setbacks and height restrictions. In April 2008, an application for a height variance for a 120 foot cell tower for the property located at 406 McCollum Drive was submitted by Alaska Digitel. This is the site of the Grace Brethren Church. The property is zoned Rural Residential. Communication towers are permitted in the zone. Development in the zone is restricted to 35 feet high. The Commission denied the application. In June, Alaska Digitel submitted another variance application for the same property. This application was for an 80 foot high cell tower which required a 45 -foot height variance. The Commission denied this second variance request. As result of this second variance request, KMC 14.20.180 (Variance Permits), was amended to require nine (9) months between considering substantially similar variance permits (Ordinance No. 2349 2008). Also, administration was contacted by residents in the McCollum area requesting the city consider an amendment which would regulate communication towers in the city. Ordinance No. 2425 -2009 Communication Towers July 28, 2009 Page 2 In July 2008, the Commission was asked if they wanted to pursue an amendment to regulate communication towers. The Commission recognized the concerns addressed by citizens during the two public hearings on the aforementioned variances and scheduled work sessions to begin the process. Work sessions were held in November and December. In January 2009, a public hearing was scheduled for January 28, 2009. On the day of the public hearing, a firm representing AT &T submitted information for the Commission's consideration. Based on the amount of information received and insufficient time to review the document, staff requested the Commission postpone action on the proposed ordinance and the Commission agreed. Between January and June, several more work sessions were held and modifications made to the original draft ordinance. On July 8 the Commission held a public hearing on the ordinance and recommended the amendment to Council. The ordinance would regulate communication towers in the city in all zones. Towers would be permitted in the commercial, industrial, and conservation zones. In all residential zones including the Townsite Historic zone, Limited Commercial zone, and the Central Mixed Use zone conditional use permits would be required. All towers require submitting an application with all of the information listed in KMC 14.20.255 (c) (3). The application and information must be submitted prior to issuance of a permit or processing the conditional use permit whichever the case may be. Within the regulations, development requirements are provided by zone including height and setbacks. This proposed amendment is the result of numerous hours of work by the Commission with the assistance of the City Attorney and staff. We are confident that the proposed amendment provides regulation for communication towers while at the same time limiting the adverse affect of towers. -32- Mr rity of NENA1� ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 CITY OF KENAI ORDINANCE 2426 -2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,281.00 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 $2,281.00 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. PAT PORTER MAYOR New Text Underlined; [DELETED TEXT BRACKETED] -33- Suggested by: Council Introduced: July 15, 2009 Adopted: August 5, 2009 Effective: August 5, 2009 Mcci'ef KENAI. NA Suggested by: Airport Commission /Administration CITY OF KENAI RESOLUTION NO. 2009 -46 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING MINIMUM STANDARD REQUIREMENTS FOR AERONAUTICAL SERVICES FOR THE KENAI MUNICIPAL AIRPORT. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, development of minimum standards for aeronautical services provides written standards for persons or entities interested in conducting business at the Kenai Municipal Airport; and, WHEREAS, development of minimum standards for aeronautical services discourages the offering of substandard services at the Kenai Municipal Airport; and, WHEREAS, it is important for the development of the Kenai Municipal Airport that aeronautical services provided at the airport not be substandard; and, WHEREAS, modern airport management includes the development of minimum standards; and, WHEREAS, the Kenai Airport Commission has held several public hearings and work sessions in working with the Airport Manager to develop minimum standards for the Kenai Municipal Airport; and, WHEREAS, on July 9, 2009, the Kenai Airport Commission voted unanimously to approve the airport minimum standards as shown on Attachment "A"; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai for the Kenai City Council to approve and adopt the attached airport minimum standards. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Airport Minimum Standards as shown on Attachment "A" are approved and adopted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August, 2009. ATTEST: Carol L. Freas, City Clerk -34- PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2009 Attachment "A" Page 1 of 6 City of Kenai Kenai Municipal Airport 305 N. Willow, Suite 200 Kenai, Alaska 99611 MINIMUM STANDARD REQUIREMENTS FOR AERONAUTICAL SERVICES AT KENAI MUNICIPAL AIRPORT SECTION 1 STATEMENT OF POLICY Effective 2009 The City of Kenai, as the Owner and operator of the Kenai Municipal Airport, hereby gives notice of the following as a statement of the Minimum Standards for Aeronautical Services at the Airport. These Minimum Standards are based on the City of Kenai Airport Regulations and Title 21 of the Kenai Municipal Code. These standards are intended to be the threshold entry requirements for those wishing to provide aeronautical services to the public at the Airport and to insure that those who have undertaken to provide aeronautical services are not exposed to unfair or irresponsible competition. These Minimum Standards were developed taking into consideration the aviation role of the Airport, the facilities that currently exist at the Airport, the services being offered at the Airport, the future development of the Airport, and the City's obligations as an Airport Improvement Program Sponsor under 14 C.F.R. part 152. The uniform application of these Minimum Standards relates primarily to the public interest and discourages the offering of substandard services to users of the Airport. 1 of 6 -35- Resolution No. 2009 -46 Attachment "A" Page 2 of 6 SECTION 11 NON APPLICABILITY These Minimum Standards do not apply to air carriers operating scheduled or non- scheduled passenger service to or from the Airport who have signed an Airline Operating Agreement and Terminal Area Lease. SECTION 111 DEFINITIONS Aeronautical Service means any service that involves, makes possible or is required for the operation of aircraft, or that contributes to or is required for the safe operation of aircraft on the Airport, and is operated by a person under a land lease or business activity permit with the City. These services include, but are not limited to, air taxi and charter operations, pilot training, aircraft renting, sightseeing, aerial photography, aerial advertising, aerial surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft, or sale of aircraft parts and rental of aircraft storage. Airport means the Kenai Municipal Airport, and all of the City -owned property, buildings, facilities and improvements within the exterior boundaries of the Airport Reserve defined under KMC 21.05.010 and KMC 21.05.030, as it now exists or as it may hereinafter be extended, enlarged or modified. Airport Manager means the official to whom the City Manager has delegated the authority and responsibility of managing and directing the activities of the Airport. "Airport Manager" includes the Manager's authorized representative. City means the City of Kenai, a home rule municipal corporation of Alaska. FAA means the Federal Aviation Administration. FBO means "Fixed Base Operator," an aviation business operating an aeronautical service at the Airport from a fixed location on land leased from the City. CMGTW means the certificated maximum gross takeoff weight of an aircraft as established by the manufacturer. 2 of 6 -36- Resolution No. 2009 -46 Attachment "A" Page 3 of 6 Fuel means gasoline, propane, turbine fuel, or any other liquid combustible used to power aircraft, motors vehicles or ground support equipment. KMC means the Kenai Municipal Code. Minimum Standards means the standards established by an airport owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical service on the airport. Person means an individual, corporation, government or governmental subdivision, partnership, association, or other entity legally capable of entering into a contract. SECTION IV MINIMUM STANDARDS FOR FBO'S The following shall apply to all prospective aeronautical service providers wishing to become FBO's at the Airport: 1. Leases shall be for a term determined by the City under KMC 21.10.090 on the basis of the applicant's proposed financial investment in permanent improvements on the premises to be leased. 2. An applicant must demonstrate, to the satisfaction of the City, that the applicant has sufficient experience, knowledge, certifications, and licensing to be reasonably capable of lawfully and successfully operating the aeronautical services proposed by the applicant. 3. An applicant must demonstrate, to the satisfaction of the City, that the applicant has adequate financial resources to complete the construction of the proposed improvements on the proposed premises and to successfully operate the proposed FBO business. 4. The applicant shall lease from the City at least 30,000 square feet of land on the Airport as the location for the applicant's proposed FBO business. Regardless of this minimum, the applicant must lease enough and to provide adequate space, as determined by the City, to accommodate the applicant's building, aircraft parking, customer vehicle parking, and employee vehicle parking needs. 5. As a condition of the lease, the applicant must 3 of 6 -37- Resolution No. 2009-46 Attachment "A" Page 4 of 6 a. invest at least $100,000 in buildings and other permanent improvements on the premises in support of the applicant's proposed FBO business. b. operate the proposed FBO business on a continuous basis throughout the term of the lease, uninterrupted by any period of closure over 15 consecutive days or 30 aggregate days within any 12 -month period without permission of the Airport Manager, unless the business is by nature is seasonal. c. have personnel in attendance on the premises during all operating hours who are qualified to perform the service offered by the proposed FBO business. d. indemnify the City and maintain insurance coverage, as required under the lease. 6. The applicant must pay all fees and rents applicable to the applicant's FBO business as imposed by the City under the City's Airport Regulations and KMC Title 21. SECTION V THROUGH THE FENCE OPERATIONS: A person or business located off the airport that has direct access to airport operational areas and supports aircraft or air cargo operations, or performs any of the activities covered in this minimum standards document within the airport. A through- the -fence operator does not operate from a fixed location within the airport. Minimum Standards 1. Such person or business shall have a written agreement with the Airport Manager for the access from their property, and will meet all requirements of on field FBO's as regards insurance, personnel and equipment as well as all other minimum standards. 2. Such written agreement shall include provision for payment of an access fee, as applicable, as established for such type activity by the Airport. An access fee ensures that those commercial activities that are using the airport to conduct their business to earn a profit are participating in the cost of maintaining the airport. The written agreement also ensures they are maintaining safe operations and minimum standards while using the airport. 4 of 6 -38- Resolution No. 2009 -46 Attachment "A" Page 5 of 6 SECTION VI APPLICATION INFORMATION Persons interested in operating a FBO or providing a mobile aeronautical service on the airport should contact the Airport Manager at: Kenai Municipal Airport Terminal 305 N. Willow, Suite 200 Kenai, Alaska 99611 Airport Administration Telephone: 907 283 -7951 APPENDIX INSURANCE REQUIREMENTS The following is the City's indemnification and insurance requirements: Indemnification and insurance. (a) All land leases shall include a provision requiring the lessee to indemnify the City from claims related to the lease and the lessee. (b) Except as provided in (c) of this section, all land leases shall require the lessee to provide insurance coverage of the following types and minimum coverage limits. If a lessee's policy contains higher limits, the City will be entitled to coverage to the extent of the higher limits. 11) Commercial General Liability, including premises, all operations, property damage, personal injury and death, broad -form contractual, with a per occurrence limit of not less than $1,000,000 combined single limit. If the lease authorizes the lessee to engage in the sale or the commercial dispensing or storage of aviation fuel, the policy must include an endorsement under which the insurer extends coverage to the lessee's fuel handling activities. The policy must name the City as an additional insured. (2) Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non owned motor vehicles the lessee uses on the Airport. (3) Workers Compensation Insurance, for all the lessee's employees, coverage as required under AS 2330.045, and, where applicable, any other statutory obligations. The policy must waive subrogation against the City. (4) Products and Completed Operations Liability Insurance. If the lease authorizes the lessee to engage in the sale or the commercial dispensing or 5 of 6 -39- Resolution No. 2009 -46 Attachment "A" Page 6 of 6 storage of aviation fuel, the lessee shall provide Products and Completed Operations Liability Insurance in at least the following coverage limits: A. $100,000 bodily injury combined single limit per occurrence; B. $300,000 bodily injury aggregate; and C. $100,000 property damage combined single limit per occurrence, (c) The City Manager may, with the counsel of the City Attorney, waive or reduce the insurance requirements under (b) of this section for a lease granted for strictly non- commercial, individual use purposes. (d) The lessee will provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance, together with proof that the premiums have been paid, showing the types and monetary limits of coverage secured. All insurance required by this section must provide that the City be notified at least 30 days prior to any termination, cancellation, or material change in the insurance coverage. (e) A lease shall include a provision allowing the City, at intervals of not less than five (5) years from the beginning date of the term of the lease and upon written notice to lessee, revise the insurance requirements required under the Lease. The determination to revise the insurance requirements will be made by the City Manager with the counsel of the City Attorney and shall be based on the risks relative to the lessee's operations, any insurance guidelines adopted by the City, and any change in applicable law. (f) If a Lessee subleases all or a portion of the premises under the provisions of this lease, the lessee will require the sublessor to provide the above insurance coverage required under these standards. (g) All policies will be by a company /corporation currently rated "A "or better by A.M. Best. 6 of 6 -40- CITY OF KENAI RESOLUTION NO. 2009 -47 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING ADDITIONAL EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7.15.060. 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 or an internet sale process; and, WHEREAS, a competitive sealed bid auction or internet sale process are reasonable and acceptable means of disposal of surplus and obsolete city property. 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, and that the items on Attachment A may be sold as provided in KMC 7.15.060. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August, 2009. ATTEST: Carol L. Freas, City Clerk -41- PAT PORTER, MAYOR Quantity Item Description Department 1 15" CRT Monitor Library 2 Dell Optiplex GX260 Library 1 Ten packs catalog cards Library 2 15" flat monitors Library 1 TV Senior Center 1 TV Vintage Point 1 Dell computer tower Police Department 1 Toshiba computer in a bag Police Department 1 Projector Police Department 1 Rolling metal printer stand Police Department 1 Monitor riser Police Department 1 Swiss Army knife Police Department 2 Sony tape recorders /tapes Police Department Lot 5 keyboards /mouse /cables Senior Center 1 Raw sewage holding tank Public Works 1 Raw sewage holding tank Public Works 1 Small Pow'r Gard TBGBE -R 8.0 kilo watt, 120/240 volts, 66/33 amps, Deutz Diesel Powered Generator Shop 2 40 ft. galvanized steel light poles with 2 Lithonia 1000 watt 240 volt fixtures Airport 1 40 ft. galvanized steel light pole with 4 general electrical 1500 watt fixtures Airport 1 2002 white Ford F -250 8' p/u bed, damaged tail gate, left rear quarter, bottom of bed Airport 2009 AUCTION ITEMS ATTACHMENT A Resolution No. 2009 -47 -42- the SKA. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN MEMORY OF EMILY DE FOREST AND COMMENDING HER CONTRIBUTIONS AND COMMITMENTS TO THE CITY OF KENAI AND KENAI COMMUNITY LIBRARY. WHEREAS, Emily DeForest began her association at the Kenai Community Library as a volunteer and was hired by the Library Board (now the Friends of the Library) in July, 1971, became a City of Kenai employee in July, 1972 upon the city's taking over the library, and retired in 1999, after 25 -plus years of service to the City of Kenai; and, WHEREAS, in 1972, Emily's staff consisted of herself and one part -time employee, along with a myriad of volunteers and by 1999, Emily, along with approximately eight full and part -time employees, staffed the library with still a myriad of volunteers some of whom were volunteers in 1972 and before; and, WHEREAS, in 1972, the original library approximately 11,595 volumes of books present library building, constructed in approximately 67,000 volumes of books of space; and, CITY OF' KENAI RESOLUTION NO. 2009 -48 Suggested by: Council building, with a square footage of 1,680 held and library materials and by 1999, the 1975 and expanded in 1985, held and library materials in its 10,380 square feet WHEREAS, in 1972 Emily and her staff served approximately 6,500 cardholders, compared with approximately 10,000 at the time of her retirement; and, WHEREAS, in 25 -plus years of service to our community from Sterling to Ninilchik to Nikiski, Emily held the fort by encouraging growth; improving equipment (starting out with one rickety old surplus manual typewriter, an adding machine, pencils and card files and upgrading to personal computers, computerized automation systems, and Internet access); went head -to -head with city managers and councils to increase staff and hours; and, expanded reading programs to include pre school story hours, lap time story time, summer reading programs, and a mystery lovers' program, just to name a few; and, WHEREAS, upon her retirement in 1999, Emily continued her association with the Kenai Community Library through appointment to the Library Commission, membership with the Friends of the Library, financial support of the library through sales (and her own purchases) of raffle tickets, and constant promotion of libraries and the freedoms they offer. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it extends its heartfelt condolences to the family of Emily DeForest and joins her many friends and acquaintances in mourning our community's loss. -43- Resolution No. 2009 -48 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August, 2009. ATTEST: Carol L. Freas, City Clerk -44- PAT PORTER, MAYOR CITY OF KENAI RESOLUTION NO. 2009 -49 Suggested by: Council A RESOLUTION OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN MEMORY OF GEORGE A. NAVARRE AND HIS CONTRIBUTONS AND COMMITMENTS TO THE CITY OF KENAI AND SURROUNDING COMMUNITY. WHEREAS, George A. Navarre was bom on August 27, 1923 in Dayton, Ohio, graduated from high school, and after serving the U.S. Navy during World War II, attended Michigan State College; and, WHEREAS, George and his family moved to Juneau in 1951 and to Kenai in 1956, later homesteading in North Kenai; and, WHEREAS, George established the Kenai Food Center in 1957, served as the Kenai Peninsula Borough Mayor from 1966 -1972, and City Manager of the City of Kenai from September, 1973 to June, 1974, leading the City of Kenai through a difficult time in its history; and, WHEREAS, George owned many businesses, including the Kenai Food Center, Alyeska Sales and Service, and opened the first Arby's in Alaska in 1981 (with the corporate office situated in Kenai); and was, by reviewing archived documents of the City, very active in attending City Council meetings and providing testimony and valued opinions; and, WHEREAS, George, with his wife Rose, planted deep, strong roots in the Kenai community, inspiring and encouraging their children and extended family to grow and prosper, and for their commitment and contributions, the Kenai community has reaped the benefits. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it extends its heartfelt condolences to the family of George A. Navarre and joins with his many friends and acquaintances in mourning our community's loss. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August, 2009. ATTEST: Carol L. Freas, City Clerk -45- PAT PORTER, MAYOR ci,/ KENN ALASKA CITY OF KENAI RESOLUTION NO. 2009 -50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING AN IDENTITY THEFT POLICY. WHEREAS, the Fair and Accurate Credit Transaction Act of 2003, an amendment to the Fair Credit Reporting Act, required rules regarding identity theft protection to be promulgated; and, WHEREAS, those rules became effective August 1, 2009 and require municipal utilities and other departments to implement an identity theft program and policy; and, WHEREAS, the City of Kenai has determined an identity theft policy is in the best interest of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that an identity theft policy, which is attached and incorporated by reference, is hereby approved and the City Manager is authorized to amend the policy, as needed, to comply with state and federal identity theft legislation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August, 2009. ATTEST: Carol L. Freas, City Clerk -46- Suggested by: Administration PAT PORTER, MAYOR Me 4 of KEAALASKA Introduction The City of Kenai recognizes the importance of securing various types of information in order to reduce the risk of identity theft and fraud. The City is required to protect and secure various types of information as defined the Federal Trade Commission Identity Theft Act Red Flag legislation "FTC Act') Background The risk to the City, its employees and customers from data loss and identity theft is of significant concern to the City and can be reduced only through the combined efforts of every employee and contractor. Purpose The City adopts this sensitive information policy to help protect employees, customers, contractors and the City from damages related to the loss or misuse of sensitive information. Identity Theft Prevention Policy Page 1 of 6 Effective: August 5, 2009 This policy will: 1. Define sensitive information; 2. Describe the physical security of data when it is printed on paper; 3. Describe the electronic security of data when stored and distributed.; and 4. Place the City in compliance with state and federal law regarding identity theft protection. This policy enables the City to protect existing customers, reducing risk from identity fraud, and minimize potential damage to the City from fraudulent new accounts. The program will help the City: 1. Identify risks that signify potentially fraudulent activity within new or existing covered accounts; 2. Detect risks when they occur in covered accounts; 3. Respond to risks to determine if fraudulent activity has occurred and act if fraud has been attempted or committed; and 4. Update the program periodically, including reviewing the accounts that are covered and the identified risks that are part of the program. This policy and protection program applies to employees, contractors, consultants, temporary workers, and other workers at the City, including all personnel affiliated with third parties. Policy 1. Sensitive Information Policy Sensitive information includes the following items whether stored in electronic or printed format: a) Credit card information, including any of die following: i, Credit card number (in part or whole) ii. Credit card expiration date ill. Cardholder name -47- iv. Cardholder address b) Tax identification numbers, including: i. Social Security number ii. Business identification number Employer identification numbers c) Payroll information, including, among other information: i. Paychecks ii. Pay stubs d) Cafeteria plan check requests and associated paperwork e) Medical information for any employee or customer, including but not limited to: i. Doctor names and claims ii. insurance claims iii. Prescriptions iv, Any related personal medical information Page 2 of 6 f) Other personal information belonging to any customer, employee or contractor, examples of which include: i. Date of birth ii. Address iii. Phone numbers iv. Maiden name v. Names vi. Customer number g) City personnel are encouraged to use common sense judgment in securing confidential information to the proper extent. 2. Hard Copy Distribution Each employee and contractor performing work for the City will comply with the following policies: a) File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with sensitive information will be locked when not in use. b) Storage rooms containing documents with sensitive information and record retention areas will be locked at the end of each workday or when unsupervised. c) Desks, workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing sensitive information when not in use. d) Whiteboards, dry -erase boards, writing tablets, etc. that contain sensitive information in common shared work areas will be erased, removed, or shredded when not in use. e) When documents containing sensitive information are discarded they will be placed inside a locked shred bin or immediately shredded using a mechanical cross cut or Department of Defense (DOD) approved shredding device. Locked shred bins are labeled "Confidential paper shredding and recycling" Municipal records, however, may only be destroyed in accordance with the city's records retention policy. 3. Electronic Distribution Each employee and contractor performing work for the City will comply with the following policies: a) Internally, sensitive information may be transmitted using approved city e -mail. Access to all sensitive information will be restricted to users with official need when stored in an electronic format, -48- Page 3 of 6 b) Any sensitive information sent externally must be encrypted and password protected or sent over a secure connection and only to approved recipients. Additionally, a statement such as this should he included in the email "This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited Additional Identity Theft Prevention Program If the City maintains certain covered accounts pursuant to federal legislation, the City may include the additional program details: 1. Covered accounts A covered account includes any account that involves or is designed to permit multiple payments or transactions. Every new and existing customer account that meets the following criteria is covered by this program: a) Business, personal and household accounts For which there is a reasonably foreseeable risk of identity theft; or b) Business, personal and household accounts for which there is a reasonably foreseeable risk to the safety or soundness of the City from identity theft, including financial, operational, compliance, reputation., or litigation risks. 2. Red flags The following red flags are potential indicators of fraud. Any dine a red flag, or a situation closely resembling a red flag, is apparent, it should be investigated for verification, a) Alerts, notifications or warnings from a consumer reporting agency; b) A fraud or active duty alert included with a consumer report; c) A notice of credit freeze from a consumer reporting agency in response to a request for a consumer report; or d) A notice of address discrepancy from a consumer reporting agency as defined in 334.82(b) of the Fairness and Accuracy in Credit Transactions Act. Red flags also include consumer reports that indicate apattern of activity inconsistent with the history and usual pattern of activity of an applicant or customer, such as: a) A recent and significant increase in the volume of inquiries; b) An unusual number of recently established credit relationships; c) A material change in the use of credit, especially with respect to recently established credit relationships; or d) An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor. 3. Suspicious documents a) Documents provided for identification that appear to have been altered or forged. b) The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification. c) Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification. d) Other information on the identification is not consistent with readily accessible information that is on file with the City, such as a signature card or a recent check. e) An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled. -49- Page 4 of 6 4. Suspicious personal identifying information a) Personal identifying information provided is inconsistent when compared against external information sources used by the City. For example: 1. The address does not match any address in the consumer report; ii. The Soda Security number (SSN) has not been issued or is listed on the Social Security Administration's Death Master File; or iii. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth. b) Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third -party sources used by the City. For example, the address on an application is the same as the address provided on a fraudulent application. c) Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third -party sources used by the City. For example: i. The address on an application is fictitious, a mail drop, or a prison; or i,i. The phone number is invalid or is associated with. a pager or answering service. d) The SSN provided is the same as that submitted by other persons opening an account or other customers. e) The address or telephone number provided is the same as or similar to the address or telephone number submitted by an unusually large number of other customers or other persons opening accounts. f) The customer or the person opening the coveted account fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete. g) Personal identifying information provided is not consistent with personal identifying information that is on file with the City. h) When using security questions (mother's maiden name, pet's name, etc.), the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report. 5. Unusual use of, or suspicious activity related to, the covered account a) Shortly following the notice of a change of address for a covered account, the City receives a request for new, additional, or replacement goods or services, or for the addition of authorized users on the account. b) A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example, the customer fails to make the first payment or makes an initial payment but no subsequent payments c) A covered account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example: 1. Nonpayment when there is no history of late or missed payments; ii. A material change in purchasing or usage patterns d) A covered account that has been inactive for a reasonably lengthy period of time is used(taking into consideration the type of account, the expected pattern of usage and other relevant factors). e) Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer's covered account. f) The City is notified that the customer is not receiving paper account statements. g) The City is notified of unauthorized charges or transactions in connection with a customer's covered account. h) The City receives notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts held by the City. -50- Page 5 of 6 i) The City is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft. RESPONDING TO RED FLAGS L Once potentially fraudulent activity is detected, an employee must act quickly as a rapid appropriate response can protect customers and the City from damages and loss. 2. Once potentially fraudulent activity is detected, gather all related documentation and write a description of the situation. Present this information to the designated authority for determination. 3. The designated authority will complete additional authentication to determine whether the attempted transaction was fraudulent or authentic. 4. If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include: a) Canceling the transaction; b) Notifying and cooperating with appropriate law enforcement; c) Determining the extent of Lability of the City; and d) Notifying the actual customer that fraud has been attempted. PERIODIC UPDATES TO PLAN At periodic intervals established in the program, or as required, the program will he re- evaluated to determine whether all aspects of the program are up to date and applicable in the current business environment. 2. Periodic reviews will include an assessment of which accounts are covered by the program. 3. As part of the review, red flags may be revised, replaced or eliminated. Defining new red flags may also be appropriate. 4. Actions to take in the event that fraudulent activity is discovered may also require revision to reduce damage to the City and its customers. PROGRAM ADMINISTRATION 1. Involvement of management a) The identity Theft Prevention Program shall not be operated as an extension to existing fraud prevention programs, and its importance warrants the highest level of attention. b) The identity Theft Prevention Program is the responsibility of the governing body. Approval of the initial plan must be appropriately documented and maintained. c) Operational responsibility of the program is delegated to the Finance Director. 2. Staff training a) Staff training shall he conducted for all employees, officials and contractors for whom it is reasonably foreseeable that they may come into contact with accounts or personalty identifiable information that may constitute a risk to the City or its customers. b) The City Finance Director is responsible for ensuring identity theft training for all requisite employees and contractors. c) Employees must receive annual training in all elements of this policy. d) To ensure maximum effectiveness, employees may continue to receive additional training as changes to the program are made. 3. Oversight of service provider arrangements a) It is the responsibility of the City to ensure that the activities of all service providers are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. b) A service provider that maintains its own identity theft prevention program, consistent with the guidance of the red flag rules and validated by appropriate due diligence, may be considered to be meeting these requirements. c) Any specific requirements should be specifically addressed in the appropriate contract arrangements. -51- air [i y of KENAI. ALASKA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND, RECREATION, PARKS, AND BEAUTIFICATION DEPARTMENTS FOR INSTALLATION OF WATER SERVICE TO THE CITY CEMETERY. WHEREAS, a need for water service has been identified at the City Cemetery to aid in maintenance of the grounds; and, WHEREAS, grant funds have become available to install protective fencing around the dunes on the City's south shore of the Kenai River for which S8,500 was previously appropriated; and, WHEREAS, the bridge the City planned and appropriated $25,000 to purchase to span Meeks' Crossing has previously sold providing available funds while the project plan is changed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: General Fund Recreation Department Machinery Equipment General Fund Parks Department Operating and Repair Supplies To: General Fund Beautification Department Improvements PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of August 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 CITY OF KENAI RESOLUTION NO. 2009 -51 PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED) -52- Suggested by: Administration 8,328 8,500 $16,828 he cdy O f KENAI ALASKA CC: Terry Eubank idle with a Past; a with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -3692 FAX: 907 283 -3693 MEMO NDUM To: Rick Koch, City Manager Thru: Wayne Ogle, Public Works Directo From: Robert J. Frates, Parks Recreation Direct Date: July 29, 2009 RE: Cemetery Water Service Quotes have recently been solicited for providing a water line to the cemetery for irrigation purposes. Water service would be connected to the City Water Main at the North West corner of the South Transient tie down area and routed to the North East corner of the cemetery. Total estimated project cost is $16,828.00. In order for this project to continue, a transfer of funds would need to occur. My recommendation would be to transfer $8,500 from South Shore Dune's Fencing (001.446.2022) and $8,328 from the Free Span Bridge for Meek's Crossing (001.445.8064). It looks promising the City will receive Fish Wildlife Service grant monies for fencing on the South Shore. Fencing will duplicate what was installed on. the North Shore earlier this season. Although we will continue pursuing options for a free span bridge, the bridge we had identified earlier has already been sold. -53- ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS hrtp: /www.ci.kenai_alc.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) 1. Trent Dodson, Cook Inlet Regional Citizens Advisory Council Overview /Update of Organization Activities. 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 $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, 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. -54- 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 $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 II), Well House, Wells, and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2011. ITEM E: MINUTES 1. *Regular Meeting of July 1, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS -55- 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 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. ITEM 11: 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 -56- 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.) 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 Personnel Issue and Financial Matter of the City. ITEM M: ADJOURNMENT -57- ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING JULY 15, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING Robert Molloy Mike Boyle Hal Smalley Joe Moore Rick Ross, Vice Mayor ADD AS: ADD AS: MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Pat Porter. Mayor Barry Eldridge A quorum was present. Also present: Maya Johnson, Student Representative A -3. AGENDA APPROVAL The following requested additions /changes to the packet were requested: ADD TO: D -5, Ordinance No. 2423 -2009 Kellie Kelso email transmission /testimony related to Ordinance No. 2423 -2009. D -5, 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. D -11a, 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. -58- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 2 MOTION: Council Member Smalley MOVED for approval of the agenda with the additions /changes requested and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Trent Dodson, Cook Inlet Regional Citizens Advisory Council Overview /Update of Organization Activities. Dodson introduced himself as the Director of Public Outreach of the Cook Inlet Regional Citizens Advisory Council (CIRCAC), 910 Highland Avenue, Kenai. Dodson gave an overview of the organization's history, make -up and responsibilities, including prevention responses, operations and safety, environmental monitoring, and funding. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -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. D -la. 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. -59- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 3 MOTION: Council Member Eldridge MOVED for adoption of Substitute Ordinance No. 2419- 2009 and 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. Council /administration comments included: There were two tenants on the properties but administration was not aware of any written leases or rental agreements. Administration would meet with the tenants and provide time for them to find alternate housing. Time for the tenants to find alternate housing would be determined when meeting with the tenants, but would be more than 30 days; payment of rent could be discontinued to allow tenants to accumulate funding to find more suitable housing. A four -month period of time could be given to allow the tenants to find alternate housing; an inspection of the dwellings would be taken; if found to be in an unsafe condition, the city would make some arrangement for the tenants to be moved to alternate housing for a period of time. As the owner of the properties, the city would insure the properties as other city properties are insured. Concern for the city's liability in renting the dwellings; did not want the city to be a landlord; and, would want more assurance of being the landlord. Concern with keeping the properties for public purpose; would not want the property to be used as a staging area for the bluff project, as it probably would be some time before the project would begin Tent camping area was needed in the city, but these properties would not be appropriate for that purpose. Acquisition of the properties would be acceptable in order to clean the area, but not wanting the city to be a landlord. Support of acquiring the properties for public purpose. The city had a memorandum of agreement with the Borough which could need amending if the city were not to use the property for public purpose, i.e. not waive tax amounts. The Council could, at a future time, decide the property was no longer needed for public purpose and could dispose of it through the required process. Support for the acquisition of the property which could be used as a park and /or use during the bluff project. If the properties were found to be unsafe, the city could assist in relocating the tenants. -60- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 4 VOTE: *Student Representative Johnson: Yes Molloy No Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes MOTION PASSED. D -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. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2420 -2009 Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. -61- and Council to speak, the D -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. Council Member Molloy MOVED to enact Ordinance No. 2421 -2009 and Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 5 The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2422 -2009 Amending KMC 14.20.050 by Adding a Provision to Allow Legally Non- Conforming Uses to Expand. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2422 -2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. Mark Schrag, 312 Princess, Kenai Questioned the possibility of the property owner to sell the property. Council /administration comments included: Question of whether the ordinance would meet standard lending institutions to lend money on non conforming use. It was understood, with a conditional use permit to be a non- confouning use, would allow better access to credit. VOTE: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. -62- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 6 D -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. D -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. MOTION: Council Member Moore MOVED for adoption of Substitute Ordinance No. 2423 -2009 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. Roy Espy, 403 McCollum Drive, Kenai Spoke in opposition to the ordinance, noting concern the city- prepared information may not be unbiased. Kellie Kelso, 117 Walker Lane, Kenai Mayor Porter read the email transmission into the record (suggestion a bi- partisan team be appointed to draft the verbiage for the information to better ensure the information be unbiased). Becky Espy, 903 Magic Avenue, Kenai Spoke in opposition to the ordinance and offered options. Pat Falkenberg, 399 McCollum Drive, Kenai Spoke in opposition to the ordinance and suggested a information statement from both the city and citizens be provided. Mark Schrag, 312 Princess Drive, Kenai Spoke in opposition to the ordinance and asked what could be done to make the rezone go away. With no other public wishing to speak, the public hearing was closed. Council/administration comments included: The ordinance would appropriate funding, however the city manager would still be required to bring the proposed literature to council for approval, which would include public comment. The verbiage "influence the outcome of a ballot proposition" was from the state statute and the interpretation of the Alaska Public Offices Commission (APOC). According to the statute, a special appropriation must be made to use for providing the infoiniation. -63- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 7 Support of the appropriation if the information would include a statements for and against in the information. Support of the ordinance, but opposed to council advocating a position. Concern for spending tax dollars of people who signed the petition. MOTION TO AMEND: Council Member Boyle MOVED to amend Ordinance No. 2423 -2009 (substitute) to have a committee be formed to develop and insure the presentation of information that is factual and unbiased, including members from the Planning Zoning Commission, from the planning department and a number of citizens of the City of Kenai that would include members from people developing the proposition. Council Member Molloy SECONDED the motion. Council /administration comments included: Integrity of the election needed to be kept with care given to the composition of the committee. The City Clerk, Planning Director and planning department representation should be excluded. Diverse input was taken through the council meetings and Planning Zoning Commission and changes were made to satisfy some of the concerns of the public. VOTE ON AMENDMENT: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter No Eldridge Smalley Yes Moore No Eldrid e N o Ross No MOTION FAILED. VOTE: *Student Representative Johnson: No MOTION PASSED. Molloy No Boyle No Porter Yes Smalley No Moore Yes Eldridge Yes Ross Yes -64- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 8 BREAK TAKEN: 8:30 P.M. BACK TO ORDER: 8:42 P.M. D -6. Resolution No. 2009 -40 Approving the Purchase of Three Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing. MOTION: Council Member Smalley MOVED to adopt Resolution No. 2009 -40 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public comment. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D-7. Resolution No. 2009 -41 Supporting the 'Preserving the American Historical Records" Bill (H.R. 2256). MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009 -41 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing is closed. Administration comments included review of information included in the memorandum included in the packet, noting the bill, if passed would provide funding for preserving public records which could be acquired through grants. VOTE: There were no objections. SO ORDERED. D -8. MOTION: 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. -65- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 9 Council Member Eldridge MOVED to adopt Resolution No. 2009 -42 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. A brief explanation of the process was provided by the city manager, noting a minimum bid would be required on some items, if a bid is not received on an item, it then could be sold on the internet. VOTE: There were no objections. SO ORDERED. D -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. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2009 -43 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. D -10. Resolution No. 2009 -44 Transferring $281,935 in the Wellhouse 4 Capital Project Fund for Additional Engineering Services. MOTION: -66- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 10 Council Member Eldridge MOVED to adopt Resolution No. 2009 -44 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. It was noted., the funding would be used to complete the design of the transmission line down Lawton Drive to Well House No. 2. VOTE: There were no objections. SO ORDERED. D -11. MOTION: 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. Council Member Molloy MOVED to adopt Resolution No. 2009 -45, the substitute 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 public comments. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of July 1, 2009 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G-1. Ratification of Bills MOTION: -67- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 11 Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -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. Introduced by approval of consent agenda. G -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. Introduced by approval of consent agenda. G -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 Introduced by approval of consent agenda. G -6. Approval Amended Employment Agreement Between City of Kenai and Rick Koch. MOTION: -68- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 12 Council Member Eldridge MOVED to approve the amended employment agreement between Rick Koch and the City of Kenai and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -7. Discussion Airport Fuel Flowage Fee Council /administration comments included: Not in favor of bulk fuel flowage fee; did not want to charge wharfage on anything else. Need to look at what competition is beyond Anchorage, Juneau, etc. Did not support fuel flowage fee; supports wing tank; and, need to do development of airport properties for leasing. Did not support the fee, but would rather debate development of lease lots. Did not support the fee as it singled out one type of operation. MOTION: Council Member Eldridge MOVED to direct administration to change the fuel flowage fee to leave it at two cents for wing tank and eliminate the fee for bulk fuel. Council Member Molloy SECONDED the motion. It was noted, the change would be processed through an ordinance to amend the code. VOTE: *Student Representative Johnson: Yes Molloy Yes Boyle No Porter Yes Smalley Yes Moore Yes Ross Yes MOTION PASSED. G -8. Discussion Salary Adjustment /City Clerk. MOTION: -69- Eldridge Yes KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 13 Council Member Smalley MOVED to increase the salary of the City Clerk with a 4.5% Cost of Living Allowance plus a 2.5% merit increase, for a total of 7 Council Member Molloy SECONDED the motion. VOTE: *Student Representative Johnson: Yes Molloy Yes Boyle Yes Porter Smalley Yes Moore Yes Eldridge Ross Yes MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS -70- Yes Yes H -1. Council on .Aging Council Member Molloy reported he attended the July meeting and provided a brief report of discussions held. H -2. Airport Commission Council Member Eldridge reported on the July 9 meeting, noting the Commission recommended approval of minimum standards for the airport, which would come before council. H -3. Harbor Commission Council Member Smalley reported the July meeting was cancelled. The next meeting was scheduled to be held August 10, 2009. H -4. Library Commission Council Member Boyle reported the July meeting was cancelled. 13-5. Parks Recreation Commission Council Member Moore reported a quorum was not available for the July 2, 2009 meeting. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the July 8, 2009 meeting, which were included in the packet. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reported a quorum was not available for the July 14, 2009 meeitng. 11-7b. Alaska Municipal League Report Council Member Smalley noted the summer legislative meeting would be held in Palmer August 12 -14; the AML /JIA annual board meeting would be held in Soldotna July 29 -31; and, the annual AML conference would be held in Anchorage in Novernber. KENAI CITY COUNCIL MEETING JULY 1.5, 2009 PAGE 14 H -7c. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge reported the next meeting was scheduled for July 16, 2009. H -7e. Kenai Convention Az Visitors Bureau Council Member Smalley reported the next meeting was scheduled for July 29, 2009. H -7f. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on issues and actions taken at the July 7, 2009 Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following items: Represented the City of Kenai at the Kenai Classic, the Niki.ski No. 2 Fire Station groundbreaking; and, the Fourth of July Parade. Attended the July 7, 2009 Assembly meeting to hear a presentation made by Charles Winegarden related to the rezoning issue. Represented the city at the BP company picnic and attended the 2009 All -Star Little League Tournament. Recommended the city purchase a tree and plaque at Memorial Park for George Navarre and Eily DeForest. MOTION: Council Member Smalley MOVED to direct the city purchase tree and plaques for George Navarre and Emily DeForest and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There were no objections. SO ORDERED. A request was made to bring two resolutions forward for presentation to family members. Requested a podium be designed for the chambers to allow the public a choice of either sitting or standing when giving presentations or comment. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manger Koch reported the following: -71- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 15 He would be preparing transportation projects to forward to Senator Begich, including reconstruction of Beaver Loop Road and expansion of Spur Highway between Kenai and Soldotna Met with Murkowski staff member and discussed the bluff erosion project at length. The Legislature would hold a special session on August 10 related to the possible vote to override the Governor's rejection of energy money. If the override succeeds, he would submit projects for the city. He met with members of the congressional staff for Senator Begich and Murkowski. Reviewed data provided to council related to grant funded projects of the city. Reported the Sports Dome Committee would be discussing several items at its next meeting and would be wanting a recommendation related to the reshaping of the service area and whether to make a site selection before or after the election. He requested direction from council. Council had no objection to the city not taking a position. Stated the Parks Recreation Director and employees were doing a great job in summer maintenance work. Provided an update of dip net fishery activity. Concern was expressed related to whether additional Parks employees were needed and noted the issue should be discussed at budget time. J -2. Attorney City Attorney Graves reported the following: The Airport Commission recommended approval of minimum standards for the airport and the issue would be brought forward in the next packet for council's consideration. He was working on planning issues and developing ordinances related to wind turbines, retention basins, and tattoo parlors in the Townsite Historic zone. J -3. City Clerk City Clerk Freas reported the following: She met with other clerks of the Borough earlier in the day to discuss and prepare for the October election. ITEM K: DISCUSSION K -1. Citizens (five minutes) Mark Schrag, 312 Princess Street, Kenai Requested clarification on an earlier comment related to public asking questions of council or administration during public comment. Commented on an earlier statement related to misinformation provided to the public about the rezoning issue. -72- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 16 Bob Peters, Old Town, Kenai Commented he believed public should speak after the council comments; complimented the city manager for his work; thought it was important for the city to hold on to the Peninsula Avenue properties; and, public use is "saving the bluff." K -2. Council Smalley Was informed earlier in the day, a 72 pound king salmon had been caught within the waters of the City of Kenai. Moore No comments. Eldridge No comments. Johnson No comments. Ross Questioned whether a park was in the development plan for the Magic Avenue area. Koch stated it would be a component, noting a cul -de -sac could be put on to Magic Avenue where access goes into the fire training facility and needs would be defined when doing the subdivision design Molloy Stated concern there would be adequate staff in the EMT with the Wal- Mart facility coming on. Attended the Borough Assembly meeting to list to the Winegarden presentation and suggested the city needed to begin a Comprehensive Plan review process. Koch noted administration had requested funding from the Borough some time ago. Boyle Complimented the employees handling the dip net fishery activity. Requested a concrete plan for developing a tent camping area in the city. Porter Asked if selling perfumes, etc. from a home would need a Home Occupation Pei init. Attorney Graves noted, there were probably many people selling products from their home, but without them coming to the city, there was no way to make a determination. 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). -73- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 17 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 Personnel Issue and Financial Matter of the City. MOTION: Council Member Ross MOVED to convent in an executive session of the council of the City of Kenai, concerning a personnel matter that could prejudice the reputation and character of another and a financial matter, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Council Member Molloy SECONDED the motion. VOTE: Molloy Yes Boyle Yes Porter Smalley Yes Moore Yes Eldridge Yes Ross Yes MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION: 9:50 P.M. BACK TO ORDER: 10:55 P.M. Council Member Ross reported the council met in an executive session to discuss an economic issue and gave direction to the city manager. They also met with City Attorney Graves who would receive a 4.5% Cost of Living Allowance increase. -74- KENAI CITY COUNCIL MEETING JULY 15, 2009 PAGE 18 ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:57 p.m. Minutes submitted. by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -75- 0 C1 U 2 0 D M -76- z 0 0 O P-7 O z O u O a. a -77- z O O z W Z 0 r U w CO W Z v J O w O w Q a 2 Flrc ayu/ KENAv SKA CITY OF KENAI ORDINANCE NO. 2427 -2009 Suggested by: Council AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 21.05.085 AMENDING THE FUEL FLOWAGE FEE TO EXCLUDE FUEL DELIVERED TO THE AIRPORT SOLELY FOR TRANSPORT OFF THE AIRPORT FOR DELIVERY OR RESALE TO ANOTHER ENTITY. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, the City of Kenai has adopted a fuel flowage fee of $0.02 per gallon for fuel delivered to the airport; and, WHEREAS, fuel flowage fees are a common user fee to raise money for airports to be as self sustaining as possible as required under 49 USC #47107; and, WHEREAS, a significant portion of the fuel delivered to the Kenai Municipal Airport is for transport outside of the airport rather than used by aircraft taking off from the airport; and, WHEREAS, unlike Kenai, most airports do not have a significant portion of the fuel delivered to the airport intended for delivery off the airport for resale or delivery to another entity; and, WHEREAS, the fuel flowage fee should not be charged for fuel delivered to the airport solely for delivery off the airport to be delivered or resold to another entity; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai and the Kenai Municipal Airport to exclude such fuel from the fuel flowage fee. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 21.05.085 is hereby amended as follows: 21.05.085 Fuel Flowage Fee (a) Any person, firm or corporation who delivers aviation gasoline, motor vehicle gasoline, diesel fuel, kerosene, aviation jet fuel or like substance (hereafter referred to as "fuel to any person, furor or corporation at the Kenai Municipal Airport shall pay a fuel flowage fee of two cents ($0.02) for each gallon of fuel; provided that fuel delivered to the airport solely for transport off the airport for delivery or resale to another entity is not subject to the fuel flowage fee. (a) Any person, firm or corporation who delivers aviation gasoline, motor vehicle gasoline, diesel fuel, kerosene, aviation jet fuel or like substance (hereafter referred to New Text Underlined [DELETED TEXT BRACKETED; _78_ Ordinance No. 2427 -2009 Page 2 of 2 as fuel) to any person, firm or corporation at the Kenai Municipal Airport shall pay a fuel flowage fee of two cents ($0.02) for each gallon of fuel. (b) On or before the fifteenth (15th) day of each month, each person, firm, or corporation delivering fuel as designated in this section shall deliver to the City of Kenai Finance Department a statement showing the type of fuel, and the number of gallons delivered in the previous month, to whom delivered, and the amount due the City of Kenai under this section, and remit the statement with the amount due. The City of Kenai shall prepare statement forms for reporting and payment of fuel flowage fees. (c) Any person, firm or corporation delivering fuel to the Kenai Municipal Airport shall furnish within ten (10) days of request by the Kenai Airport Manager all delivery tickets, purchase invoices or other records necessary to conduct any audit to determine compliance with the requirements of this section. (d) The funds derived from fuel flowage fees shall be utilized solely for the maintenance, operation and improvement of the Kenai Municipal Airport PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day August, 2009. ATTEST: Carol L. Freas, City Clerk New Text Underlined; [DELETED TEXT BRACKETED; -79- PAT PORTER, MAYOR Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: September 19, 2009 :.l the ciy ar KENALALA SKA CITY OF KENAI ORDINANCE NO. 2428 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AMENDING KMC 7.25.020 TO: 1) BETTER DEFINE HOW BUDGET TRANSFERS IN AMOUNTS OF LESS THAN FIVE THOUSAND DOLLARS ($5,000) ARE ACCOMPLISHED; 2) PROVIDE THAT BUDGETARY CONTROL FOR A CAPITAL PROJECT IS DONE AT THE PROJECT LEVEL RATHER THAN THE OBJECT LEVEL; AND, 3) PROVIDE THAT OBJECT LEVEL BUDGET TRANSFERS IN CAPITAL PROJECTS IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000) OR MORE SHALL BE REPORTED TO THE KENAI CITY COUNCIL ON A MONTHLY BASIS. WHEREAS, KMC 7.25.020(a) provides how budgetary transfers in amounts less than five thousand dollars ($5,000) are accomplished; and, WHEREAS, the term `fund" in KMC 7.25.020(a) should be better described to determine to which funds the transfer limitation apply; and, WHEREAS, historically capital projects have been managed for budgetary purposes on the object level which provides for Council authorization for each part of a project such as separating money allocated for construction from money allocated for engineering; and, WHEREAS, it would provide more flexibility to manage capital projects on the project basis where the Council would authorize the total amount of the project rather than an object basis where the Council authorizes the total amount of the project and the amount allocated for subcategories such as construction and engineering; and, WHEREAS, in a budgetary system where capital projects are managed on a project basis, budget transfers in excess of five thousand dollars ($5,000) should be reported to the Council on a monthly basis so Council is properly informed of the status and management of the capital project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; that Kenai Municipal Code 7.25.020 is hereby amended as follows: 7.25.020 City budget control. (a) After approval by the Finance Director as to availability of unencumbered balances, transfers in amounts less than five thousand dollars ($5,000.00) may be made in line item accounts within (A FUND] the General Fund. Special Revenue Funds, Debt Service Funds, Enterprise Funds and Internal Service Funds without approval by the City Council. The City Clerk may make such transfers within the General Fund Department of the City Clerk, and the City Attorney may make such transfers within the General Fund Department of Law. The City Manager may make New Tent Underlined' [DELETED TEXT BRACKETED] -80- Ordinance No. 2428 -2009 Page 2 of 2 such transfers in all other areas except in the Legislative Department. The budgetary level of control will be the project level for Capital Project Funds. Object level transfers of five thousand dollars ($5,000) or more within a project will be reported to the Council on a monthly basis. (b) The City Council, by resolution, may make transfers in any amounts of unencumbered balances of line item accounts within a Department or within a fund. (c) The City Administrator is directed to charge all disbursements to "cost centers" established by the budget. A "cost center" is defined as a provision for expenditure specified by the budget of the City of Kenai for a department or activity specifically so recognized. PASSED BY THE COUNCIL OF THE CITY OF ICENAI, ALASKA, this 19th day of August, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: r New Text Underlined' [DELETED TEXT BRACKETED] -81- PAT PORTER, MAYOR Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: September 19, 2009 Me dYy ur RENA Kfl AN ORDINANCE OF' THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,350 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Education Early Development for the purchase of books at the Library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. 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: Library State Grants Increase Appropriations: Library Books $6,350 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: n�u CITY OF KENAI ORDINANCE NO. 2429 -2009 New Text. Underlined IDELETED TEXT BRACKETED _82_ Suggested by: Administration PAT PORTER, MAYOR $6,350 Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: August 19, 2009 Ac of KE AI, ALASKA MEM "Village with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 -283 -3014 O: TO: Rick Koch, City Manager FROM: Mary Jo Joiner DATE: July 28, 2009 SUBJECT: Annual State Grant The library has been awarded the annual public library assistance grant by the Alaska State Library. As per the grant award, the amount of $6,350 is to be used for the purchase of books and should be deposited in account 001- 440 -4666. The library director completes an application each year in order to receive these funds. Certain minimum standards must be met in order to receive this grant. These include reporting requirements, number of hours that the library is open to the public, minimum educational requirements continuing education requirements and for the, and management requirements regarding policies. 1991 KENA ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,907 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the City of Kenai received an Interlibrary Cooperation grant from the State of Alaska, Department of Education Early Development to host a customer service workshop; and, WHEREAS, the workshop will be held at the Kenai Visitor and Cultural Center and will include employees from all libraries on the Kenai Peninsula; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. 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: Library State Grants Increase Appropriations: Library Professional Services $5,907 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2430 -2009 PAT PORTER, MAYOR New Text Underlined' !DELETED TEXT BRACKETED] -84- Suggested by: Administration $5,907 Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: August 19, 2009 heuy KEN AI, ALASKA TO: Rick Koch, City Manager FROM: Mary Jo Joiner DATE: July 28, 2009 SUBJECT: Customers 1 for the 21 century Vi l laye with a Past, Cc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 tt2 1 Telephone: 907 283 -75351 FAX: 907 283 -3014 I I 1991 The library has been awarded an Interlibrary Cooperation grant by the Alaska State Library for a customer service workshop. The participants in this workshop will include employees of all the libraries on the Kenai Peninsula. The workshop will be held at the Kenai Visitors and Cultural Center. The workshops will be conducted by a library consultant. As per the grant award, the amount of $5,907 is to be used to cover the payment to the library consultant and should be deposited in account 001 440 -4531. tAC 6# Of KENAI. ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $60,000 IN THE AIRPORT FUND AND IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR A SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT AT THE KENAI AIRPORT'S FLOAT PLANE BASIN. WHEREAS, the Airport is requesting to complete a supplemental environmental assessment at the airport's float plane basin; and, WHEREAS, the supplemental assessment will be required prior to any development on the west side of the float plane basin that was rezoned to Light Industrial in February 2009; and, WHEREAS, the administration has received confirmation these services will be eligible for 95% FAA and 2.5% State of Alaska reimbursement upon completion of the grant application and awarding of the grant to develop this land. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Ail port Fund Increase Estimated Revenues: Appropriation of Fund Balance $60,000 increase Appropriations Transfer to Capital Projects Fund $60,000 Runway Improvement Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund Increase Appropriations Engineering $60,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: ORDINANCE NO. 2431 -2009 CITY OF KENAI -86- Suggested by: A PAT PORTER, MAYOR $60,000 istration Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: August 19, 2009 Memo To: Rick R. Koch City Manager From: Mary Bondurant Airport Manage Date: July 16, 2009 Subject: Proposal Supplemental Environmental Assessment Float Plane Basin In February 2009, the City took the 1st step towards future development on the west side of the float plane basin and rezoned 162 acres to Light Industrial from Conservation. The 2 step is to analyze and document the project related environmental impacts and prepare an environmental assessment (EA). After discussions with the FAA, they recommend preparing a supplemental EA based on the 2006 EA to address all the projects listed in the attached scope of work as that document contains the wetland documentation as well as information on other impact categories that can be referenced and updated. I recommend proceeding with the environmental process now. The archaeological and environmental surveys must be conducted before the snow cover. Design documents could be prepared, project bid this winter with a construction start in the spring. Having "shovel ready" projects could also put the airport in a perfect position for additional ARRA funds if available. You might recall that by appropriating funds for the design of the apron rehabilitation project last August put the airport in such a position to be the second recipient of ARRA funds in the State. The possibility may also exist for ADEC stimulus dollars for the water and sewer which is also included in the scope of work. Attached for review and approval is a proposal from Wince Corthell -Bryson for the supplemental environmental assessment. Please contact me if you have any questions. Cc: Wayne Ogle Public Works Terry Eubank Finance Director Attachment "Sewu wth.e greaterKentzi' Penirtgule 305 PLVALL6WST.SUr1E 200 KE'Mr, ALASKA 99611 TELEPHONE 906283 -7951 FAX 907. 2838737 www.ci.kenai.ak.us. -87- w KEMAI.ALASKA CITY OF KENAI ORDINANCE NO. 2432 -2009 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $19,928 IN THE SENIOR CITIZEN TITLE III GRANT FUND FOR THE PURCHASE OF NEW DINING ROOM CHAIRS. WHEREAS, the City of Kenai received a grant in the amount of $11,690 from the Rasmuson Foundation for the purchase of new dining room chairs at the Kenai Senior Center; and, WHEREAS, Kenai Senior Connection, Inc. has agreed to fund the remaining the purchase and delivery of 200 new dining room chairs; and, 8,238 for WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant and donation funds for the purpose intended. 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: Senior Citizen Title III Grant Fund Other Grants Senior Citizen Title III Grant Fund Misc. Donations Increase Appropriations: Senior Citizen Title III Grant Fund Machinery Equipment PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 -88- PAT PORTER, MAYOR New Text underlined' 'DELETED TEXT BRACKETED] $11,690 8,238 Urn 19 928 Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: August 19, 2009 KENAI SENIOR CENTER Helping People Age with Dignity C TY OF KENAI 361 SENIOR COURT TELEPHONE: (907) 283 -4156 FAX: (9' ORANDUM TO: Rick oeh, City Manager Terry Eubank, Finance Director 7 FROM: Rachael Craig, Senior Center Director VI DATE: July 26, 2009 REFERENCE: Rasmuson Grant On July 1, 2009, 1 was informed that we had been awarded a Tier I Rasmuson grant in the amount of $11,690 to purchase dining room chairs for the senior center. The senior center is going to purchase 200 chairs to replace the current dining room chairs that are wearing out. I have been working with is Mity -Lite, Inc. from North Orem. UT. The cost for 200 chairs is as follows: 200 Comfort Series 400 Chair $88.45 each $17,690.00 Shipping and Handling 2,237.91 Total $1 Last fiscal year, I had budgeted for chairs; however, we did not get the award notice until July 1, 2009. Purchasing chairs was not a budgeted item in this year's budget. I would recommend the following: e We provide an ordinance to appropriate the grant in the amount of $11,690.00. e On July 24, Renal Senior Connection, Inc. voted to pay the balance of $8,238.00 to purchase the chairs. Once the ordinance is approved, the chairs will be ordered and the approximate delivery date is six to eight weeks from date the order is placed. V,ENAI, ALASKA 99611 83 -3200 E -MAIL: senior @ci.kenai.ak.us the of KEN U SKA MEMO: "Village with a Past, a with a Fistare" '1111. 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: City Council FROM: Rick Koch DATE: July 30, 2009 SUBJECT: Boys Girls Club Invoice The purpose of this memorandum is to transmit for your discussion an invoice from the Boys Girls Club in the amount of 45,000. It is my understanding that while an amount equal to this invoice was placed in the City's FY10 budget, it was the intent of the Council to discuss this further, and to provide direct administration through a resolution of Council. Administration presented its views regarding this grant and grants of this type during the budget discussions and unless Council wishes to revisit that discussion administration will not re- address the topic. In the event Council directs administration to prepare a resolution awarding a grant to the Boys Girls Club, I have several suggestions for incorporation into a resolution and a subsequent grant agreement. 1. A Quarterly and Annual Report including the following a. Financial Performance b. Numbers of youth served by residence 1) City of Kenai Residents 2) Outside of City of Kenai Residents 2. Grant disbursements are quarterly following receipt of quarterly reports and invoicing I have attached the documents submitted by the Boys Girls Club during the budget process. 1997 INVOICE BOYS GIRLS CLUBS OF THE KENAI PENINSULA -91- July 15, 2009 BILL TO: INVOICE #715 City of Kenai DESCRIPTION AMOUNT FY10 City Funding for the Boys Girls Club of Kenai $45,000.00 REMIT TO: a, Boys Girls Club of the Kenai Peninsula �m rfl 705 Frontage Rd. Suite #B Kenai, AK 99611 dll '1'' IF YOU LEAVE ANY tuESTI0148 EASE CALL 2S3 ®26S2 TfANIC.Y ®IT T TA L: $45,000 INVOICE BOYS GIRLS CLUBS OF THE KENAI PENINSULA -91- July 15, 2009 27 January 2009 Mayor Porter, Kenai City Council Members Mr. Rick R Koch City Manager City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 9961.1 Subject: Boys Girls Club of Kenai Dear Esteemed City Representatives: On behalf of our young members at the Kenai Clubhouse, we are faunally requesting funding in the amount of $45,000 from the City of Kenai This funding request is critical for annual budgetary needs that are not otherwise met with local fundraising efforts or federal funding. Measures to offset expenses have been exercised, including Limited Club closures during school holidays and in- service days, organization health plan reorganization and operating 11 °A° general administrative costs. Measures to increase local revenue have been implemented by the newly formed parent resource committee; they are dedicated to securing sustainability. We have, unfortunately, experienced significant reductions in our federal grant funding with additional reductions expected this year. To date, no federal allocations have been awarded to the Club. Without the City's financial support, we recognize that there will be significant impacts to Kenai's working parents, 33% of who are single -parent households. We are not asking the City to fund the entire program as the budget for the Kenai Club is approximately $200,000 for school and summer operation. However, unless we are able to secure municipal revenue sources, closing additional programs will be the inevitable result for the organization. Please note that the organization has successfully provided over $13 million to Kenai Peninsula's youth since 1988 with federal, state and local funding sources. At this critical juncture, the requested City funding will not only sustain the Club but also allow the Kenai resource development committee to continue to leverage additional funding. In closing, we would like to recognize Council for the long -term commitment to Kenai's working families and young, future leaders. The ability to provide preventative- based, after school programs and enrichment activities is a mark of tremendously measurable success for our organization began in Kenai and will continue to be the Positive Place for Kids to Kenai's youth. Respectfully Submitted, Mike Navarre, BGCKP President Kristie Babcock, Vice President Board of Directors: Peter Micciche, David Ross, Margaret Anderson, Kelly Bookey, James Montgomery, Indy Walton -92- BOYS GIRLS CLUBS OF THE KENAI PENINSULA Programs Office 705 Frontage Road Suite 6 Kenai, Alaska 99611 907.283.2682 907.283.8190 Fax pos Itiveplacetorkld s.coni Club Locations Homer Kenai Kenai Teen Center Nikiski Seldovia Seward Soldotna Cornerstone Contributors ConocoPh;uips The hisitive Place For Kids Income Clubhouse (inelud.es activities Contributions Corporate Individual General Fundraising Grant BP Science SOA- Summer Lunch State of Alaska -Snack United Way FYI0 35,000.00 15.000.00 1500000 6,000.00 5.000.00 12,000.00 14,000.00 36,350.00 Equipmen General Fundraising Insurance Postage Delivery Printing Professional Services Repairs Maintenance Supplies Telephone Training Trash Travel Web Page Youth of the Year Total Expenses 0.00 500.00 150.00 300.00 0.00 50.00 21,800.00 400.00 1,100.00 ,800.00 500.00 3,500.00 400.00 1,200.00 1,60000 500.00 18,350.00 1,200.00 2,300.00 550.00 200.00 500.00 400.00 Ex Advertising Auto Expenses Badkground Profile Bank Services Bldg Lease Emp. /Community Relations Contract Labor Contracts Dues Subscriptions nse holarships/Membership or Activities t.00 Page 1 KenaiCityRgst2009 Narrative Facility rev, field trips, late pkup, membership, Telub, vend, janitorial reimb. Includes ConocoPhillips, local businesses Santa, Trunk or Treat, Club awareness events tat fi1&?it0"U' i Percentage of total UWKP allocation Utilize web /email distribution, media releases, Clarion con General maintenance percentage New staff or reg. volunteers Division of Admin space Host Qtrly Emp Appreciation Janitorial (school -year reimbursable via ABCS Chance) Lg equipt costs should be spanso Utilize sponsorships/hosts/ RC members Com. Insurance reduction /adjustment bution Copy Machine usage Audit service (percentage to Club) AM/PM tasks Frgms, Grant Objs, Food, etc (parent- donated supplies) Reduce phone lines and utilize parent hotline cellular (GCI req'd sponsorship) Grand -driven training/navel In- state, per diem, mileage Annual Hosting/Maint Club percentage for local, state, nat'! costs 192,300.00 11% General administrative cost (not included 6,500.00 Sponsored youth for membership and/or activities -93- budget) Page 1 oft Kenai City Council Dear i ouncii Members: ;,iving in a small community like Kenai, parents have limited r©gources for :after scl ciriic care. There are not a lot of options for our children to participate hi after :tchi.x acti‘vines where they can play games, join wain sports and sooialiy interact with 11Eir peers i a rz. c ffriandly, positive atmosphere. My grendson is an only child and has no op crec,.ini:y for such interaction outside of school without the Boys and Girls Club. -94- 2 -10 -2009 To The Boys and Girls Club of America; Kenai Chapter To Whom It May Concern, Our son,who is seven years old, has such a good time at the Boys and Girls Club in Kenai. Such a blessing it is to have a place for him to go after school,and during the summer,where he is safe,and furthers his learning in so many ways,including socially interacting with other kids,activities,projects and learning. Also learning rules as well,and learning to be responsible.We have seen so much more growth in our childs development beyond what he learns in school from his attendance at the Boys and Girls Club.l do believe the Boys and Girls Club builds leaders. As parents,who both work a day job,it is also such a relief to know he's safe after school,and delivered there and watched over until we our done with our daily shifts.Without this,we would be faced with day care expenses,and the quality of the hours spent by my son would surely be a step backwards for us all. Such a service the Boys and Girls Club is,open to everyone to help with there children,to help them learn,grow,and play,in a safe healthy environment.) can only say it has been a life saver,and I know many parents who feel the same.For some working parents,it is a matter of being able to work,or not.To be able to have your child somewhere where you can be sure they are safe,or somewhere you have to worry,or time not spent well. Everyone is so helpful ,kind,courteous,professional and community minded. I can only hope our community gives this great organization what they need to continue to serve our community to the best of their abilty.Our hopes are so. Sincerely, Brian and Idel Parfitt 1001 Mission Ave #1 Kenai,AK 99611 Ph.907 -283 -1589 -95- Kenai City Council Re: Funding for Boys Girls Club Dear City Council, I am a parent of a child who attends the Boys Girls Clubhouse after school program in Kenai. Like many other parents, I appreciate that the Boys Girls Club provides a safe place for local kids to go to after school while their parents are working. For many parents this is the only option they can afford for their children. I encourage the City to help fund the Boys Girls Club. It truly is an organization that makes a difference in many lives (children, parents and others) in our community. I also appreciate the many sports programs and other activities that the Boys Girls Club does (and does in a very positive manner) which help local kids develop in a positive direction. Thank you. Sincerely, Marc Johnson -96- 39185 Dori Lynn Street Kenai AK 99611 February 10, 2009 To the Kenai City Council: We, as parents of children who attend and use the Boys Girls Clubs in Kenai have been asked to write letters to you, in an effort to show support for our club and explain why these clubs play such an important role in our day to day lives and what great impact they have on the community. Being a single working parent, my son started coming to the club after school after moving to the area in the second grade The choice was not hard for me after seeing the positive atmosphere, a safe and fun place for my child to be and the very affordable annual fee made it an easy choice to enroll him at our clubhouse. There are no other viable choices for working parents on a budget. I have since enrolled my daughter as well and they both have enjoyed being members there, being able to utilize the computer lab, joining play in the gym or on the playground, the never ending craft projects, movies and much more, now going on five years. We take advantage of the summer camps and sports programs both during the summer and winter and have been granted scholarships to help with the costs, without which it would be very difficult for me to afford, and my kids would likely be unable to join in on the fun. I am deeply grateful for these clubs, for what they enable for us as a family and for what they stand for in the community. Without the B &G club, where would our kids be after school? Roaming the streets or getting in trouble. Perhaps in expensive daycare solutions that not really suited to children of this age group and which again are hard to afford? The fact is that many of these kids in the clubs are from families that have to make a great stretch to make it financially. Few kids in the clubs have the luxury of having a parent that is able to stay home with them after school. Many are from single parent homes Without the clubs, we have no other alternatives for our children. We need to have a safe place for our kids to be, the same should be said about the Kenai Rec. Center. These places are wonderful, fun and challenging places for our kids to be, out of harms way. The clubs were opened with the safety of kids in mind, to provide a safe place for kids in an after school program. I can't imagine what our kids lives would be like without the clubs and all they do for us. I can't imagine what I would do with my kids after school, while I am working. I think we all need to chip in and take responsibility to help out our clubs to ensure their continuation in the future I think we could easily raise the annual fee to $50 and allow no scholarships for membership fees. That would be a start to get back on the right track and increase revenues. Our clubs are such an important part of our lives currently and for future generations. We have to do what it takes to preserve them, for our kids and for our community. -9 7- To Whom it may concern; Sybille Castro P.O.Box 1849 Kenai AK 99611 It is quite sad that the local Boys Girls club is no longer open on school holidays or school in service days due to lack of funding. The Kenai Boys Girls Club has been a magnificent place for my son Nico during the last 5 years. Nico has learned how to play soccer and basketball during the summer and winter coaching seasons sponsored by the Boys Girls Club. Nico has learned so much from the Counselors and Teachers, especially from Jarred and Jennifer, Ms. Fay, Ms.Susan and Ms. Kim. I would not know what to do if Nico had no Boys Girls Club to go to after school. It is a necessary and essential part of his life and an integrated and structural section of his week days. Nico has learned how to socially interact with other children and over the years has made valuable and lasting friendships with fellow club members. Nico has especially loved the 3 months summer camp that the Boys Girls Club has offered every summer. It is a tragedy that there is not enough funding for our local children to enjoy this safe haven that not only provides loving and kind attention to all club members but allows them to learn with games, computers and other academies, as well as arts and crafts, parties and educational sessions. Hundreds of families depend on the local Kenai Club and without it there could be sad consequences for many children. Not only to play on the street but perhaps get into drugs and alcohol as well as premature sex since the Kenai Community simply does not have enough public places that children and pre -teens can enjoy. We simply as a community have to come up with at least $128,000 to keep the Kenai Boys Girls Club, 705 Frontage Road, Kenai AK 99611, open all year around for our children. Sincerely, CC: Governor S.Palin Sybille Cato CC: Senator Begich /Senator Murkowski Rep. Don Young/KPB Mayor -98- To Whom It May Concem: January 29, 2009 This letter is to express my appreciation to the Peninsula Boys Girls Club. I have three boys, two of which have attended the Kenai club for a combination of 8 years and one who is eagerly waiting to attend next fall. I am always impressed with the activities and events the club plans for the kids. Not only is the Boys Girls Club a needed program for those kids that have no where else to go but a great opportunity for them to learn community awareness and participate in activities they may nonnally not get the chance to, I strongly encourage the community to continue to support this much needed organization. Thank you, Becky Dodson Kenai -99- To whom it may concern, 1/28/09 My children have been going to Boys and girls Club for several years now. To me, the benefits of this program are immeasurable. In addition to being a safer and cheaper alternative to having a babysitter or Daycare, my children have received invaluable knowledge and tutoring from the staff. I am a huge fan of Boys and Girls club and I will continue to support them and recommend them to my friends, -100- Thank you so much, Jason Ness 398 -8997 January 26, 2009 To Whom It May Concern. First let me say that I am in disbelief that someone would question the importance of the Boys Girls Club on the Kenai Peninsula. I no longer use the Club House but for many years while my son was growing up they were always there for him and our family My son is now 16 and a fine young man. I truly believe that his attendance at the Boys Girls Club has a lot to do with that. It gave him a place to go after school and during the summer months while his father and I were at work. The Boys Girls Club is an awesome supervised program for kids. Not only is it a safe place but a place to leam and have fun. My son bad many wonderful experiences at the Boys Girls Club and loved going there The teachers at the Club House should be commended for their love for kids and their dedication to making it a safe fun place to be. Without the Boys Girls Club I believe we would have a much higher teenage crime rate as the kids would not be learning morals through their most impressive years nor would they have a safe fun place to go while parents are at work. In the day and age where it takes both parents working to support a family, I am very happy to have the Boys Girls Club available for our young people. -1 01 -102- Shauna Thornton 320 Lantern Circle Kenai, Alaska 99611 Boys and Girls Club of the Kenai Peninsula 705 Frontage Road Ste B Kenai, Alaska 99611 To Whom It May Concern: The Boys and Girls Club of the Kenai Peninsula serves a valuable role in our community and in the life of my family. The options for afterschool care are few, being a single parent, and can lead to a family expenditure that could make a difference between making the necessary day -to -day expenses and providing exceptional care for my children. I believe that the Boys and Girls Club provides this on a daily basis for rrty family and for many others in our community. I have I believe firsthand knowledge of this because as an active parent volunteer and employee of the Club for the past 8 years. I am now seeing the kids from my first grade class 8 years ago become successful members of our community. I do believe that the services provided by the Boys and Girls Club of the Kenai Peninsula are indeed important to our community and the youth that are served, Seeing children from disadvantaged situations rise above and accomplish things that were extraordinary given their situation, This involvement gives one a pride in the Boys and Girls Club for their support of families that they serve in our community. The Boys and Girls Club gives the community low cost sports, teen and afterschool programs. This is invaluable because without these resources in the community. The questions would then become what our community is offering the youth and their families. Would this lead to people relocating to other areas? YOU BET!!! Can our community survive with just a Wal- Mart? ABSOLUTLEY NOT!!! We as a community should be looking at all areas to round out what our community can offer all residents not just the adults. I feel that without a program such as this there would be a definite downslide of the youth in our community. The differences being that there would not be a safe environment for our youth. I feel the crime rates would go up and high school graduation rates would fall even farther than they are now. I know that my 8 yr old would at times have to stay home alone or go to work with me at the part time jobs that I engage in after working at the club. Would this be beneficial to our family ABSOLUTLEY NOT!!" No parent likes the hard financial choices that are necessary in our diminishing economy but I for one would like to be reassured that the Boys and Girls Club would remain as a safe inexpensive alternative to a latchkey kid. A few caring individuals, volunteering parents, concerned citizens, can only do so much. There is a need for the whole community to give a Iittle to gain a lat. Shaun Thornton A_ wham, e: Kna Can Oz. titled l rtn az& CLL tka a- .-0 /ate ari air CAA: 4 zza 6:41 Car+nz.u. istein of 614,ZA du-6 -1- e al-Ate-45A r uce,__JLAtnA -103- the city of KEN AI, ALASKA MEMO: TO: City Council FROM: Rick Koch DATE: July 30, 2009 SUBJECT: Capital Projects Manager "V#faye with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -75351 FAX: 907 283 -3014 The purpose of this correspondence is to foster a discussion with you about the City hiring an individual to manage capital projects. The City has on -the -books over 25 major (over 100,000) capital projects and a sirnila number of small capital projects. There remains approximately 25 million in unexpended capital funds for major projects. The majority of the major capital projects allow for internal administrative and management costs incurred by the project sponsor (City). The projects presently on- the -books are scheduled over the next three years. I would like the Council to consider the creation of a position titled "Capital Projects Manager" responsible for the management of all the City's capital projects. This position would report directly to the City Manager. The position would be a Range 21, with an advertised beginning salary range of 78,331 82,247. This results in a fully loaded range of 112,305 119,713. The position would also be a full -time benefited position. I considered a contract employee, or consultant, but am concerned about FLSA issues and not having direct supervisory authority over the position. In any case, I'rn looking for the Council's thoughts on this matter. If favorable, I will be bringing an ordinance forward to create and fund the position. Thank you for your attention in this matter. If you have any questions please contact me at your convenience. ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison COUNCIL ON AGING MEETING JULY 9, 2009 KENAI SENIOR CENTER 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY April 9, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion 2010 Revenue b. Discussion Rasmuson Award Dining Room Chairs ITEM 6: NEW BUSINESS ITEM 8: QUESTIONS COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Council Action Agendas of June 17 and July 1, 2009. ITEM 11: ADJOURNMENT -105- COUNCIL ON AGING MEETING JULY 9, 2009 KENAI SENIOR CENTER 7:00 P.M. VICE CHAIR VELDA GELLER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Vice Chair Geller called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: AGENDA APPROVAL L. Flowers, E. Jones, R. Jurgensen, V. Geller, L. Nelson, M. Milewski J. Hollier, B. Osborn Senior Center Director R. Craig, Council Member R. Molloy Member Jones MOVED to approve the agenda as presented and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MOTION: ITEM 4: ITEM 5: 5 -a. APPROVAL OF MEETING SUMMARY April 9, 2009 Member Flowers MOVED to approve the meeting summary of April 9, 2009 and Member Milewski SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion 2010 Revenue Senior Director Craig reported Nutrition Transportation Services (NTS) funds for 2009- 2010 would be S170,224, Borough monies would be $115,337, and United Way monies would be $30,400. 5 -b. Discussion Rasmuson Award Dining Room Chairs -106- Craig reported a grant from the Rasmuson Foundation for $11,690 for new dining room chairs had been received, the Senior Center and Senior Connection would provide a match, and the chairs would arrive by September. ITEM 6: NEW BUSINESS None ITEM 7: REPORTS 7 -a. Council on Aging Chair None 7 -b. Director None 7 -c. Council Liaison Council Member Molloy reviewed the June 17 and July 1, 2009 Council meeting action agendas which were included in the packet. ITEM 8: QUESTIONS COMMENTS None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 10: INFORMATION 10 -a. Council Action Agendas of June 17 and July 1, 2009. ITEM 11: ADJOURNMENT MOTION: Member Jones MOVED to adjourn and Member Jurgensen SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Council, the meeting was adjourned at approximately 8:10 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -107- COUNCIL ON AGING MEETING JULY 9, 2009 PAGE 2 a. Kenai City Council Meeting Action Agendas for June 3 and 17, 2009. b. Airport Rates and Fees Schedule c. Airport Manager's Monthly Report May 2009 d. Airport Manager's Monthly Report June 2009 e. Enplanements May 2009 f: Float Plane Basin Activity May 2009 g. Resolution No. 2009 -38 Award of ATM Concession Agreement h. Ordinance No. 2394 -2009 FAA Grant for Apron Rehab Phase 2 i. Code Violation Kenai Fabric KENAI AIRPORT COMMISSION JULY 9, 2009 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY June 11, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion /Recommendation Minimum Standards ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10 INFORMATION ITEMS ITEM 11: ADJOURNMENT -108- KENAI AIRPORT COMMISSION JULY 9, 2009 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR LARRY PORTER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Vice Chair Porter called the confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: MOTION: ITEM 4• ITEM 5: 5 -a. MOTION: eeting to order at approximately 7:05 p.m. Roll was AGENDA APPROVAL J. Zirul, J. Bielefeld, L. Porter, G. Feeken H. Knackstedt, E. Mayer, D. Haralson Airport Manager M. Bondurant, Council Member B, Eldridge Commissioner Zirul MOVED to approve the agenda as presented and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY June 11, 2009 Commissioner Bielefeld MOVED to approve the meeting summary of June 11, 2009 and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion /Recommendation Minimum Standards Airport Manager Bondurant reported there had been one change to the draft document since the Commission's review, i.e. the addition of "q" to the appendix on insurance requirements. Commissioner Zirul MOVED to recommend approval of the Minimum Standards Document and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. -109- ITEM 6: NEW BUSINESS None ITEM 7: REPORTS 7 -a. Commission Chair No report 7 -b. Airport Manager Bondurant reported there had been lots of fire activity at the Department of Natural Resources (DNR); two parking lot lights would be removed; she had attended a meeting on Pebble Mine; and, there would be a presentation on the Obstruction Clearing Project and a lease lot inspection form for review at the next Commission meeting. 7 -c. City Council Liaison Council Member Eldridge reviewed the action agenda of the July 1, 2009 City Council meeting, which was included in the packet. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS Zirul reported he would like to see a "fresh water pump" at the float plane basin and would like the Airport Manager to check into the 33 gallon limit on credit cards at the basin fuel pump. Porter reported there would be an H65 landing in the Challenger Center parking lot on Wednesday, July 22, 2009 and thanked the City Attorney for his years of service. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS 10 -a. Kenai City Council Meeting Action Agendas for June 3 and 17, 2009. 10 -b. Airport Rates and Fees Schedule 10 -c. Airport Manager's Monthly Report May 2009 10 -d. Airport Manager's Monthly Report June 2009 10 -e. Enplanements May 2009 104. Float Plane Basin Activity May 2009 10 -g. Resolution No. 2009 -38 Award of ATM Concession Agreement 10 -h. Ordinance No. 2394 -2009 FAA Grant for Apron Rehab Phase 2 10 -i. Code Violation Kenai Fabric ITEM 11: ADJOURNMENT MOTION: Commissioner Bielefeld MOVED to adjourn and Commissioner Zirul SECONDED the motion. There were no objections. 50 ORDERED. -1 1 0- AIRPORT COMMISSION MEETING JULY 9, 2009 PAGE 2 There being no further business before the Commission, the meeting was adjourned at approximately 7:29 p.m. Meeting summary prepared and submitted by: Lorene Hall Deputy City Clerk AIRPORT COMMISSION MEETING JULY 9, 2009 PAGE 3 the ctpyof KEMAL ALASKA Mayor and Council Members MEMORANDUM TO: FROM: Carol L. Freas, Citp Clerk DATE: July 30, 2009 LIBRARY COMMISSION MEMBERSHIP Presently, the Library Commission has two vacancies, Attached is an application submitted by Kimberly M. Glidden for your appointment consideration. Clf Attachment Village with a Past, Gift with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us -112- the city of KENAI, ALASKA DATE: NAME: ti 1 Resident of the City of Kenai? ipt3 Residence Address Mailing Address Home Fax No. EMPLOYER: NAME OF SPOUSE: Current membership in organizations: JJ If tA Past organizational memberships: n(t- CITY OF KENAI "Village with a past City with a future." BACKGROUND AND PERSONAL DATA DATES FOR APPOINTMENT COMMITTEES AND MISSIONS Ci .$1t Hom Business telepho No How long? T yr3 RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 Business Fax No. Email Address May we include your contact information on our web page? ALL X If not a 1, at informatib include? Job Title AT 4f -i1 ;17 E? y e i COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: L r f7t i LCJ 'vJ 1'I/� -I �7 i3) BE INVOLVED WITH THIS COMMISSION OR WHY DO +U nc.� /4 11L'L fL/ b 17? 7�(7r{ /114 f f i G•:'r/ 4�- i n CA -4 n (i :n112z WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMI EE MEMBERSHIP? 2 CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 22, 2009 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed with an asterisk are considered to be routine and non controversial by the Commission and will be approved by one motion. There will he 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. *July 8, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) 6. OLD BUSINESS: 7. NEW BUSINESS: a. Landscape /site Plan Regulations Retention. Basin Amendment. Discussion.— Set Public Hearing. b. Land Use Table KMC 14.22.010 Amendment for Townsite Historic Zone. Discussion Set Public Hearing. 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 SCHEDULED: (3 Minutes) -114- 11. INFORMATION ITEMS: a. "Zoning Bulletin" June l 0, 2009 June 25, 2009 b. Planning Zoning Resolutions 2" Quarter Report c. Code Enforcement 2 Quarter Report d. Building Permits 2 Quarter Report 12. MMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: -115- A quorum was present. 1 -b. MOTION: CITY OF KENAI PLANNING ZONING COMMISSION JULY 22, 2009 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR PRO TEMPORE PHILLIP BRYSON, PRESIDING ITEM 1: CALL TO ORDER Chair Pro Tempore Bryson called the meeting to order at approximately 7:02 p.m. 1 -a. Roll Call Roil was confirmed as follows: Commissioners present: K. Rogers, J. Brookman, K. Koester, R. Wells, P. Bryson Commissioners absent: S. Romain, J. Twait Staff /Council Liaison present: City Planner M. Kebschull, Administrative Assistant to City Planner N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall Agenda Approval MINUTES Commissioner Wells MOVED to approve the agenda as presented and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Broolcman MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- 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. -116- ITEM 2: *APPROVAL OF MINUTES July 8, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS None ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion Landscape /site Plan Regulations Retention Basin Amendment. Set Public Healing. City Planner Kebschull reviewed the staff report included in the packet, noting pre- existing basins would have one year to comply. Commissioners requested Kebschull to set a public hearing on the matter. 7 -b. Discussion Land Use Table KMC 14.22.010 Amendment for Townsite Historic Zone. Set Public Hearing. Kebschull reviewed the staff report included in the packet. Commissioners requested Kebschull to set a public hearing on the matter. ITEM 8: PENDING ITEMS 8 -a. PZO9 -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. Kebschull reported she had met with the applicant, changes were made and resubmitted, and the City Attorney would be postponing review until the new City Attorney was hired. ITEM 9: REPORTS 9 -a. City Council Molloy reviewed the action agenda items of the July 15, 2009 City Council Meeting included in the packet. 9 -b. Borough Planning Bryson reviewed the agenda of the July 20, 2009 meeting included in the packet. PLANNING ZONING COMMISSION MEETING JULY 22, 2009 PAGE 2 -117- 9 -c. Administration Kebschull reviewed the second quarter reports included in the packet and noted a grant from ADEC would upgrade the water main to Lawton Drive and extend the water line down Bridge Access Road to Beaver Loop Road. ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS ITEM 12: ITEM 13: MOTION: "Zoning Bulletin" June 10, 2009 June 25, 2009 Planning Zoning Resolutions 2nd Quarter Report Code Enforcement 2nd Quarter Report Building Permits 2nd Quarter Report COMMISSION COMMENTS QUESTIONS None ADJOURNMENT Commissioner Brookman MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:40 p.m. Minutes prepared and submitted by: Lorene Hall, Deputy City Clerk PLANNING ZONING COMMISSION MEETING JULY 22, 2009 PAGE 3 -118- KENAI BEAUTIFICATION COMMITTEE JULY 14, 2009 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY May 12, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion 2009 Flowerbed Update ITEM 7: REPORTS a. Committee Chair b. Parks Recreation Director c. Kenai City Council Liaison ITEM S: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of June 17 and July 1, 2009. b. Landscape Site Plan Merit Plaza Coffee Cart c. Landscape Site Plan Public Picnic Pavilion d. Landscape Site Plan Arctic Barnabas Ministries, Inc. ITEM 11: ADJOURNMENT -119- ITEM 1: Members present: Members absent: KENAI BEAUTIFICATION COMMITTEE JULY 14, 2009 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIR KAY SHEARER, PRESIDING MEETING SUMMARY CALL TO ORDER ROLL CALL Chair Shearer called the meeting to order at approximately 7:12 p.m. Roll was confirmed as follows: Staff/Council Liaison present: K. Shearer, P. Baxter M. Dimmick, L. Seymour, L. Stanford, S. Lovett, T. Canady Parks Recreation Director B. Frates, Mayor P. Porter No quorum was present. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY May 12, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS None ITEM 6: NEW BUSINESS 6 -a. Discussion 2009 Flowerbed Update ITEM 7: REPORTS 7 -a. Committee Chair 7 -b. Parks Recreation Director 7 -c. Kenai City Council Liaison ITEM 8: COMMITTEE MEMBER QUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 10 -a. Kenai City Council Action Agendas of June 17 and July 1, 2009. 10 -b. Landscape Site Plan Merit Plaza Coffee Cart -120- 10 -c. Landscape Site Plan Public Picnic Pavilion 10 -d. Landscape Site Plan Arctic Barnabas Ministries, Inc. ITEM 11: ADJOURNMENT There being no quorum, the meeting closed at approximately 7:15 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk -121- BEAUTIFICATION COMMITTEE MEETING JULY 14, 2009 PAGE 2 ITEM 7: REPORT ADVISORY CEMETERY COMMITTEE JULY 16, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY June 18, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion Design Proposal Klauder Company b. Discussion Consideration of Meeting Day Change a. Committee Chair b. Director c. City Council Liaison ITEM 8: COMMITTEE MEMBER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for June 17 and July 1, 2009. ITEM 11: ADJOURNMENT -122- ADVISORY CEMETERY COMMITTEE JULY 16, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR PRO TEMPORE KARI MOHN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Pro Tempore Mohn called was confirmed as follows: Members present: Members absent: Staff /Council Liaison present: No quorum was present. ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: 6 -a. 6 -b. ITEM 7: 7 -a. 7 -b. 7 -c. ITEM 8: ITEM 9: ITEM 10: the meeting to order at approximately 7:07 p.m. Roll K. Mohn, R. Harrison B. Elder, J. Buffington Parks Recreation Director B. Frates, Public Works Director W. Ogle, Deputy City Clerk C Hall, Council Member B. Eldridge AGENDA APPROVAL APPROVAL OF MEETING SUMMARY June 18, 2009 PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS None NEW BUSINESS Discussion Design Proposal Klauder Company Discussion Consideration of Meeting Day Change REPORT Committee Chair Director City Council Liaison COMMITTEE MEMBER COMMENTS AND QUESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION ITEMS -123- 10 -a. Kenai City Council Meeting Action Agendas for June 17 and July 1, 2009. ITEM 11: ADJOURNMENT Due to lack of quorum, the meeting was closed at approximately 7:08 p.m. Meeting summary prepared and submitted by: Lorene Hall, Deputy City Clerk ADVISORY CEMETERY COMMITTEE MEETING JULY 16, 2009 PAGE 2 -124- REPORT OF THE CITY MANAGER the ci raf KENNu KA TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director DATE: July 30, 2009 SUBJECT: Quarter ending June 30, 2009 Investment Report City's Investment Portfolio US Agency Securities 15,145,410 AML Investment Pool 138,240 Wells Fargo Money Market 3,165,863 FDIC Insured Certificates of Deposit 1,737,312 Bank Balance 1,647,696 Total 1.834 521 "Villa e with a Past Ci y with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 City of Kenai Investment Portfolio At June 30, 2009 the City had investments with a market value of $21,834,521 that is down from $23,043,647 at March 31, 2009. The City's portfolio is yielding 2.21% compared to 2.41% at March 31, 2009. Many of the City's investments contain call provisions that are being exercised by the issuers. Bonds that are called are being reinvested but at lower rates accounting for the decrease in the portfolios performance. This is a trend that is expected to continue until rates recover. Airport Permanent Fund Investment Portfolio The second quarter 2009 saw significant recovery for the portfolio. The portfolio returned 9.67% during the quarter. This recovery once again pushed the portfolios performance since inception into positive territory. Since inception the portfolio has earned 2.52 Based upon earnings through May 31, 2009, $289,136 was withdrawn from the fund and transferred to airport operations. Management of the fund allows actual earnings or a maximum 5% to be transferred from the permanent fund to operations for the first two years of the funds existence. -126- Government Securities Maturities Less than 1 Year Maturities 1 to 2 Years Maturities Greater than 2 Years Total Government Securities Total Portfolio CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY June 30, 2009 Investment Portfolio Purchase Price 15,053,262 Investment Portfolio Fair Value 3/31/09 15,145,410 Fair Value Adjustment 3/31/09 92,146 Fair Value Adjustment 07/01/2008 86,658 Change in Fair Value FY2009 S 5.490 -127- $16,000,000 $12,000,000 $8,000,000 $4,000,000 50 June 30, 2009 Fair Market Current Value Yield Cash Cash Equivalents Wells Fargo Checking 1,647,696 0,04% Wells Fargo Secured Money Market 3,165,863 0.34% FDIC Insured Certificates of Deposit 1,737,313 2.00% Alaska Municipal League Investment Pool 138,240 0,60% Total Cash Cash Equivalents 6,689,111 0,70% 2,011,870 1.20% 7,124,130 3.61% 6,009,410 2.17% 15,145,410 2.72% 21,834,521 2.10 Portfolio Liquidity r3Poticy MinimuMMa4mum ®Actual Average Yield Liquidity 20 %Mlmmum Maturity 1- 2 years Maturity over 2 years 30% Maximum CITY OF KENAI Investments 06,30.09 COK 06/30/09 Unrealized Gain EFFECT. DATE DATE SECURITY CUSIP original cost Market Value or Loss RATE PURCH. DUE Interest FNMA4.125 31398ARC8 1,030,821 1,010310.00 (20,511.44) 1.20 12/30/2008 5/6/2013 20,625.00 FHLB 4.5 3133XMYX3 2,003,750 2,031,260.00 10,640.00 4.40 1112012007 5/20/2011 45,000.00 FHLB 2.75 3133X5NA2 1,016,341 1,001,560.00 (14,780,67) 1.20 12/30/2008 12/2/2013 13,750.00 FHLMC 3.25 3128X6K54 1,000,000 1,014,440.00 17.81000 3.25 1/31/2008 1/29/2010 16,250.00 FNMA2.0 3136FHA08 1,000,000 1,005,940.00 5,940.00 2.00 2/17/2009 2117/2012 10,000.00 FNMA2.0 3136FH560 1,000,000 988,130.00 (11,870.00) 2.00 2126/2009 2/26/2014 10,000.00 FHLMC 2.5 3128X8PZ9 2,000,000 2,008,180.00 8,180.00 2,50 3/26/2009 3/26/2014 50,000.00 FHLMC 3.0 3128X7FG4 2,000,000 2,026,500.00 56,780.00 3.00 4/23/2008 4/23/2010 30,000.00 FNMA4.125 3136F44K7 959,450 1,049,690.00 31,560.00 5.15 8/24/2006 2/17/2011 20,625.00 FHLMC 3128X8TX0 1,000,000 1,000,240,00 240.00 2.00 4/62009 4/182014 20,000.00 FHLMC 2.0 3128X80K1 1,999,000 2,007,160.00 8,160.00 2.00 3/25/09 9/25/2012 40,000.00 TOTAL 15,009,362.11 15,145,410,00 92,147.89 2.61 -128- Fixed Income Cash Cash Equivalents Wells Fargo Secured Money Market 308,210 2,373,269 142.089 85719 0,22% Total Cash Cash Equivalents 308,210 2,373,269 142,089 85,719 Government Corporate Securities Government Securities 16,913,254 4,662,927 4486643 4,465,296 3.91% Corporate Securties 2,525,755 2.956207 2,950,448 5.28% Tatal Government& Corporate Securities 16.913,254 7,188,682 7,442,850 7,415,744 4.46% Total Fixed Income 17,221,484 9,561,951 7,584,939 7,501463 4.38% 42.98% 45,00% 65.00% Equities Domestic Equities Standard Poor's 500 Index 3,014,377 2995,996 3,706.958 21.24% 20.00% 25.00% Standard Poor's 600 Smaf -Cap Index 539,512 941,027 5.39% 5.00% 10.00% Standard Poor's 400 Mid -Cap Index 1,355,115 1,370,060 1,852,170 10.61% 10.00% 15.00% Total Domestic Equities 4,909004 4,366,056 6,500,155 37,24% 35,00% 50,00% International Equities Vanguard Europe Pacific ETF Vanguard Emerging Market ETF Total International Equities Real Estate Vanguard REIT ETF Total Real Estate Total Equities CITY OF KENAI AIRPORT PERMANENT FUND INVESTMENT PORTPOIJO SUMMARY June 30, 2009 Current or Current Fair Market Value Average Portfolio Target Portfolio 30-Sep-08 31- Dec-O8 31 -Mar -09 30 -Jun -09 Yield Weight Weight Maximum 1,697,728 1,504,923 1,867,910 10.7056 10.00% 15,0056 799,235 995,966 5.714 5.00% 10.00% 2496,964 1,504223 2,863,876 16.41% 15.00% 25.00% 857.450 589,345 867,450 569.345 8,263,418 5670.979 9,953.376 Total Portfolio 17,221,484 17,825,369 13,455,918 17,454,839 ryso% 100.00% 100.00% 150,0056 S. POWs 000 9YMaaa P*Or s 900 0100,1.00 europo on I.Cup lntlu M0cupbd°x Psrto rTF aTer®efPonfafioWeight OMexlmum Pod000o WUuM Portfolio Performance -129- 3.38% 5.00% 10.00% 338% 5.00% 10.00% July 13, 2009 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; Enclosed is our June 2009 report for the Airport Permanent Fund, which includes a portfolio appraisal and transactions as well as quarterly performance data. During June we added to the REIT position but continue to carry this asset class at a modest underweight to its target weighting. On June 9 $289,136.43 was transferred from the account. At month -end, the market value of the portfolio was $17,454,800 which includes $70,748 in accrued interest. Based upon the composition of the portfolio at month -end the annual cash flow would be $323,170. Anything you need or comments let me know. f 4w Bert Wagnon Senior Vice- President -130- sent via email Auismtv PERMA A l CAPITAL MANAGEMENT 7 i W Q .Y W E W W a a o I- or oC M O v C O. r't cn a W M ro 0' a) cu E LL O tri Z Q u- J C (L N O N S C V E En V2 t am U 2 m s" J to 7 J qp�p Wl 21," Z2 Z M 0- Pagi L _I J 1 .1. O l CL I V ost N 0 I CO COM O 01 N CO N .-1 Qt ON W CO 7 CO en N et H .-1 0 0 W 7 N —131— Z u v C 5d Itt Lis t itt 0.; f X (sew9) wnyay lepelweend o at o L O 0 E N m Qi� Co (o) =t c C I E x Q a. 0 0 m k U 7 P b O O tt v v O N N C N M M m C m N O 0 0 N 0 0 0 00 00 M1 N 00 VF U d' 00 00 N P 'O h N N m P 00 00 r N 00 N M N O '0 le) r 00 0 h O N h N 0 `0 CO 00 J N M m S\ N C 00 m 00 6 O. O '0 m M 60 b .M1 N o0 a 6 g vi C co 0. .c h N N 6 00 h e N or 0 00 m 0 0 0 0 0 0 0 0 ry 0 0 VI 00 M N h an M 0 00 N N 0 O 0 N V '0 v 0 00 a m O O vi O O o O O O a -132- 9 0 w N a N Z^. M a V S 407'. _r 0 a '3. 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P m. r N W 0 N N R M m o o d co 0 O 0 o ry h r; c O n a <0. 0' 0' 0 p O O W N P a n O 0 N 0 0 O Q u, a 4 2 0 0 N r o V 0 P Q cE Gl W m O 00 00 W 47 Y 00 O b N F O `LN OA H$z�= 0 0)_ E 0 v. a v C'G O A g r q v O L)°O `0UOW4 o O s O 0 o 0 0 0 !W N N N N z z 0 N N fV 'D M d N b W b N b C h C 00 0 P F YS Vic 0 O' 0 v' U V W W O 0 z W M -133- W 8 F O W 001 C O P 0 Q O b C C h 2 C LE N 0 NI NI CE 0 IN CA CA CA 00 tec 0 ter 0 0 0 e 2 2 2 00 00 Ci 0 CA tAi Ect en N -134- en N En 0 En -135- 0 0 0 0 0 40 O 04 CV 40F4a 58 /;SJ t e cr a\ 2 2 E \E 09 9 §69 9 \)z a -136- C. 00 CC z c O O o o V ey KA N N N in 'n h t c h b a v n N N in' h LA C4 It N N J: r4 O C O o 0 N N 117 en m o 0 o o o a a Q d 2 o 2 M M o o o o 0 0 o 0 h N N N zC o a a A r F E-- O o 0 O -137- 4 7 0 CV 0 0 a 0 00 Oct CO g \4 ƒ \j #z :zg( 0 ti ro 2 a f 0 0 0 3} Pt f if 0 -c, ?a E E 0 0 jj 0 I 0 E O zs s a ON 01 ON CO -w $s 000 2 CO 0 0 -138- a E 6 R F L y E ref u A N tr, o 0 N o N O M 0 a O, V •0 In 0 a -o 3'0 a a. c o n o o 0 0 4 3 E -0 0 It 0 g o o ti 00 N N N r 1 '.D v b iU 0 0 0 0 0 0 0 0 NN N N 0 0 0 3 t6 w CP m o a 2 U t' U j U d 0" '3 ti G 0 4 0 U g 0 O 0 0 U Q U a P. 0 N W C N 0 P+ N i W U 0 0 0 U „'F NE^ 0 N W C v. LL 0 .m-n W n v K u Qtzz v f u v, vn z a'mow c a ti QQ zz [�z V 2 g 6 aa o U wg cG W cG 05 o z o 0 o QQ c o¢ SZZ n h S Z C00r >ti a 0 N >.90 L -o -139- ^a 0 'o 0 a a 0 o 9 0 0 O N N M 0 NO O O O pp F u as a o. 0 0 0 o N O M N M O O co O REPORT OF THE CITY CLERK i 1G the of KENAI. ALASKA TO: Mayor and Council Members FROM: Carol L. Freas, Ci DATE: July 30, 2009 The missing paragraph reads, clf Attachments "VUi'aye witti a Past, Gc with a Future" MEMORANDUM -141- 210 FidaIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us RE: 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, DSITRIBUTION, PUBLICATION, LATE MATERIALS." At the July 1, 2009 meeting, Council amended and passed the Substitute A version of Ordinance No. 2347 -2008. In copying the ordinance for our office use, we noticed a paragraph that had been in the original version of the ordinance and was in the Substitute B version of the ordinance, but was not in the Substitute A version (copies attached). "The City Clerk shall prepare the agenda for each council meeting after consultation with the Mayor and City Manager, subject to paragraphs (a) through (d). A draft agenda shall be circulated to the Mayor and other Council Members, and the City Manager." Does Council wish to have an ordinance prepared and brought forward for consideration to insert the above paragraph at KMC 1.15.040? pri in2/ //G-✓S /OV! Ordinance No. 2347 -2008 Page 3 of 5 Id1 A member of the public may request that a matter be placed on the agenda of a regular Council meeting for comment or presentation, and the matter shall be placed on the agenda of the regular Council meeting requested or agreed to by the requester, for scheduled public comment or presentation by the requester. subject to policies and procedures adopted under paragraph (1) below. Being placed on the scheduled public comment portion of the agenda does not limit or restrict the requester's ability to speak on any other issue(sl during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings. and citizen discussion A member of the public may comment or testify during those portions of the meeting reserved on the agenda for unscheduled public comment, public hearings and citizen discussion, or as otherwise allowed by the Mayor or other chair of the meeting. (el A sponsor. all co- sponsors, or a requester may request that an item be removed from the agenda, before the agenda is published as provided in paragraph (a), and such item shall be removed from the agenda, unless the item has been carried over Or postponed from a previous agenda. (f) The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to paragraphs (a) through (e) A draft agenda shall be circulated to the Mayor and other Council members. and the City Manager. before finalization. (a) Notice of the date, time, place. and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall with publication to be done no later than five (5) days prior to the date of the Council meeting. and posting to be done no later than five (51 days prior to the date of the Council meeting. In addition, notice of the date, time and place of each Council meeting may be given by broadcast media. The date of the Council meeting shall not be counted for purposes of calculating these deadlines. [hl Once the final agenda is published as provided in paragraph (g). no item may be removed or added to the agenda except by majority vote of the Council members present at the meeting. A.. meeting packet, containing the final agenda, all legislative items. and all supporting documentation for all. agendaitems, shall be distributed to. the Mayon other Council members and the City Manager, six (6) days prior to the date of the Council meeting. (j) The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library. in order to be made available for public viewing, five (5) days prior to the date of the Council meeting The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon reauest, five (51 New Text U nderlined; [DELET T BRACKETED] -3- -142- Substitute A Ordinance No. 2347 -2008 Page 3 of 4 [E] Li A sponsor, all co- sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under the policies and procedures adopted under naragranh (k) [AS PROVIDED EN PARAGRAPH (G)] and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda, [GU Notice o the date, time, place and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall under policies and procedures adopted under paragraph (k). Additional Public notice of meetings may be given by other means. [WITH PUBLICATION TO BE DONE NOT LATER THAT SD( (6) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING, AND POSTING TO BE DONE NO LATER THAN 5:00 P.M. SEVEN (7) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. IN ADDITION, NOTICE OF THE DATE, TIME AND PLACE OF EACH COUNCIL MEETING MAY BE GIVEN BY BROADCAST MEDIA. THE DATE OF THE COUNCIL MEETING SHALL NOT BE COUNTED FOR PURPOSES OF CALCULATING THESE DEADLINES.] [I] Lhl A meeting packet containing the final agenda, all legislative items, and all supporting documentation for all agenda items shall be distributed to the Mayor, Council Members, and the City Manager. [BY NO LATER THAT 5:00 P.M. SEVEN DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. DISTRIBUTION SHALL BE MY MAIL, UNLESS THE RECIPIENT OPTS FOR ANOTHER METHOD OF DISTRIBUTION, SUCH AS PERSONAL PICK UP, ELECTRONIC MAIL, FAX OR COURIER SERVICE. FAX OR COURIER SERVICE IS ONLY AVAILABLE FOR RECIPIENTS WHO WILL BE OUT OF THE CITY OF KENAI DURING THE WEEK PRECEDING A COUNCIL MEETING.] [J] u The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under paragraph (kl. [BY 5:00 P.M. SEVEN (7) DAYS PRIOR TO THE DATE OF THE COUNCIL MEETING. The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under paragraph .(kl. [BY 5[00 RM... SIX (6). DAYS. PRIOR TO THE DATE OF THE COUNCIL MEETING.] At least one paper copy of the meeting packet shall be made available to the public at the meeting. jj] The City clerk shall provide paper conies of any late materials to the Mayor. each Council Member. City Manager and City Attorney, The City Clerk shall also make paper copies of late materials available to the public at the meeting. New Text. Underluud; DELETED TEXT BRACS}TED -16- -143- .h er S Vey Ordinance No. 2347 -2008 Page3of4 the recuestor's ability to speak on any other agenda items on a different subiect for which public comment is allowed. (d) A sponsor, all co-sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under policies and procedures adopted under paragraph fk) and such item shall be removed from agenda, unless the item has been carried over or postponed from a previous agenda. (el The City Clerk shall prepare the agenda for each Council meeting after t consultation with the Mavor and City Manager, subject to paragraphs (al through (d) A draft agenda shall he circulated to the Mayor and other Council Members, and the City Manager. (f) Notice of the date, time. place, and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the Citv's web site and to the official bulletin board at City Hall under the policies and procedures adopted under paragraph (k). (al Once the final agenda is published as provided in paragraph (i). no item may be removed from. or added to the agenda except by majority vote of the Council Members present at the meeting. (h) A meeting packet containing the final agenda. al) legislative items, and all supporting documentation for all agenda items shall be distributed to the Mavor, other Council Members. and the City Manager it The City Clerk shall cause a copy of the meeting packet to be posted on the City's web site and to be provided to the Kenai Community Library. in order to be made available for public viewing under policies and procedures adopted under paragraph (k) The City Clerk shall cause a paper copv or electronic copy of the meeting packet to be provided to any m°mber of the public. or to any organization, upon request, under policies and, procedures adopted under paragraph (k). A minimum of one (1) paper copv of the meeting racket will be available to the public at the meeting. (j) The .City Clerk shall provide paper copies of. any .late ..materials to the Mayor, each Council Member. City Manager. and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting (k) The administration will develop policies and procedures to implement this section, subject to review and approval of Council. SECTION TWO KMC 1.15.050 (c) Order of Business, is repealed. new Text Und itag; [DELETED TEXT BRACKETED] -30- -144- the cily of KENAL "Vila "e with a Past, C with a Future MEMORANDUM 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 Fax: (907) 283 -3014 www.ci.kenai.ak.us TO: Mayor and Council Members FROM: Carol L. Freas, City lerk DATE: July 31, 2009 RE PROPOSITION A, OCTOBER 6, 2009 CITY OF KENAI ELECTION Summary Pro /Con Statements I have received several questions with regard to whether the City will be including either a proposition summary or pro /con statements in the Kenai Peninsula Borough's voter pamphlet (one question directed to me and the other through the Borough Clerk who directed the person to contact this office). The Kenai Municipal Code does not include direction for developing pro /con statements or publishing them with regard to a voter pamphlet. The Kenai Peninsula Borough Code directs that if there is a pro statement, there must be a con statement and length is kept at 500 words. It is my understanding, that in the past, the Borough voter pamphlet has only included unbiased proposition summaries for municipalities (last year we included the statement with regard to the opting out of APOC). The deadline for providing the information to the Borough Clerk for inclusion in the Borough's voter pamphlet is August 21, 2009. Does Council wish to include an unbiased proposition summary with regard to City of Kenai Proposition A included in the Kenai Peninsula Borough's voter pamphlet for the October 6, 2009 election? Does Council wish to include pro/con statements with regard to City of Kenai Proposition A in the Borough's voter pamphlet for the October 6, 2009 election? -145- INFORMATION ITEMS 7 A 1' INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 5, 2009 1. 8/5/2009 Purchase Orders Between $2,500 and $15,000 for council review, 2. 8/5/09 Public Works Department, Project Status Report. 3. 7/30/09 J. Lawton communication related to City Dock operation. 4. Kenai Fire Department letters of commendation to Captain Anderson and. Engineer Satathite. 5. 7/20/09 H. Hancken letter of commendation to the Kenai Fire Department EMS crew. 6. 6/09 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports. 7. 7/21 /09 S. Atwater, Superintendent, Kenai Peninsula Borough School District, Annual Report 09 -09. -147- w K J U z 0 U eC 0 O 0 O 0 0 a o 0 o cm; in it Ci M. h- en Z C7 I1 W Et 0 Q J U 0 0.. U Z( o 0 o 0 o 0 co N. O t C7 O b CC! C7 co o 0 0 0 co O o 6 O CD CV O Q M CO 07 C✓i CV C+7 M 1: V z 0 0 4 0 0 z 7 Y 0 CA U W I- t O U w O U z co 0 2 Z w c[ O J z T N CA z o 0 2 1L LL N X U 0 U U 0 0 0 0 D. O. 0. d W J O z w 0) CV CC 0) cc 0 O O Z U O 0 0 w j U m y Z O O E w O z t/) -148- O O 06 o e N ce O W CO CV O V (Li w U City Contact Project Name Status WO Airport Runway Safety Zone Extension Project complete except for re- painting. Completion 6/15/09. WO Airport Runway Safety Improvements: Taxiways F,G,H Lighting, Grading, Drainage 2009 Alaska Roadbuilders. Project almost complete with some painting and minor electrical remaining. WO AP Apron Rehabilitation 2009 2010 Construction contract awarded to Alaska Roadbuilders. Construction underway. BF Boat Launch Ramp Plank Replacement 2009 Furnish and install approximately 30 concrete planks. Bid awarded to G H Construction to be done late Au RK Bridge Access Road Water Main Ext. Engineering by Wm. J. Nelson Associates is underway. WO Contaminated Soils Shop Further work in progress. WO Courthouse Parking Lot Construction contract awarded to Peninsula Construction. Construction underway. RK Kenai River Bluff Erosion Control Project The Corps has received funds to help with the design and answer any questions from the study and agencies including obtaining the Corps Permit. City working with Corps consultant. Tetra Tech main consultant. R &M drilled monitoring wells. WO LED Streetlight Installation Conversion of main thoroughfare street lights to more energy efficient LED lights. Bid awarded to Kachemak Electric. Work to be done in August. WO Library Expansion 8/5/09 Council to consider Amend 2 ($402,000) to ECI /Hyer contract for design development, construction document bidding phase services. WO M arathon Road Phase II Baron Park HEA Access Road HDL engineering. Project out to bid by State DOT in August. WO Marathon Road Improvements Project Closeou WO S. Ames Basin View Way Paving LID North- Star Paving Project closeout. Engineering by Wm. J. Nelson Associates is underway. RK Lawton Drive- Beaver Loop Water 2009 LF Vintage Pointe Dry Pipe Sprinkler System Replacement Alaska Automatic Fire Protection construction underway. LF Vintage Pointe Window Replacement Worldwide Roofing Final punch list being addressed. RK Water System HDL is conducting further investigations in vicinity of Well House No. 2. WO Wildwood Drive Improvements Preliminary engineering complete. ROW issues. Project on hold. CITY OF KENAI PUBLIC WORKS DEPARTMENT PROJECT STATUS REPORT August 5, 2009 RK Rick Koch WO —Wayne Ogle LF Larry Floyd RF Bolo Frates. 7/29/2009 -149- Carol Freas From: Rick Koch Sent: Thursday, July 30, 2009 8:17 AM To Carol Freas Subject: FW: City Dock Operation Carol, Can you include this in the packet as an mfrs itern? Tha nks Rick R. Koch City Manager City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907)283 -8222 (907)398 -0190 From: Joe Lawton [mailto:joelawton ®hotmail.com) Sent: Thursday, July 30, 2009 7:04 AM To: Bob Frates Cc: Rick Koch Subject: City Dock Operation Dear Bob: This letter is about my treatment as a user of your City Dock this summer. I regret that I don't know Dan's last name. Nor did I ever meet him. But we spoke on the phone a few times, and I dealt with Andy on two or three occasions. I also encountered Zach- -who may have been a City employee -as well as the fellows from Copper River Seafood and from the fuel facility. Those workers at City Dock have an impossible job. Between the commercial fishing fleet and the run of dipnetters in the River its a wonder that systems work at all. But they do. Not only does Dan manage to minimize the conflicts, but he instills a sense of politeness and good humor in the employees who run the dock. As a user of the facility at its most crowded I was pleased to receive such treatment. Please pass along to the dock crew my admiration for their attitudes. Also, allow me to compliment the City of Kenai on the dock facility. The access, parking, restrooms, and tie -ups are all deeply appreciated. As someone who drifted the Inlet from the mid -60s to the early 80s, and knows how it used to be in the River, the improvements are very welcome. Sure, it's painful to see everything overrun when the reds run, but you folks supply infinite pleasure to thousands of Alaskans with your efforts. Bravo Kenai! Joe Lawton Windows Live"' Hotmail Celebrate the moment with your favorite sports pits. Check it out. t -150- CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283 -7666 (907) 283 -8171 fax e -mail kfdept @ci.kenai.ak.us Captain Anderson, This letter of commendation is in reference to call #891.09 on.the morning of July 20, 2009. You and your crew were requested to respond to the Kenai River for 4. four) boaters in distress. Initiating a response to the City of Kenai boat dock, you and your Engineer were faced with the challenging task of navigating extremely low and rapidly deteriorating water conditions, hundreds of boaters and a capsized vessel with one person trapped. With a quiekassessment ofthis unique situation, your creativity, smart utilization of available resources, comtt $nd„pre'sence and leadership helped save the life of a fellow man. Your actions on the Kenai River thatday were indeed exceptional and deserve the commendation from this office. Thank you and keep up the great work. Michael R. Tilly Fire Chief LETTER OF COMMENDATION -151- CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283 -7666 (907) 283 -8171 fax e -mail: kfdept @ci.kenai.ak.us Engineer Satathite, This letter of commendation is in reference to tall #891 -b9 on:the of July 20, 2009. You and your crew were requested to respond to the Kenai River for 4 (four boaters i n distress. Initiating a response to the City of Kenai boat dock, you and your Captain were faced with the challenging task of navigating extremely low and rapidly deteriorating water cond(tions, hundreds of boaters and a capsized vessel with one person trapped. With a quick assessment of this unique situation, your creativity, sound smart boating skills leadership and finafly;.exceptional,patient care helped save the life of a fellow man. Your actions on the Kenai River that day were indeed except and deserve the commendation from this office. Thank you and keep up the great work. de; Michael R. Tilly Fire Chief LETTER OF COMMENDATION -152- July 20, 2009 Michael Tilly, Fire Chief Kenai Fire Department 105 S. Willow St. Kenai, AK 99611 Dear Chief Tilly: vi, 4520 Restearr exert eaai, ,414444 99611 I am writing this letter to commend the work of two of your EMS crew. Unfortunately 1 only know the first name of one of them, but I'm sure your records reveal that information. On Saturday afternoon, July 18 I was out on the Kenai River fishing with my husband Wayne Ogle, the Public Works Director for Kenai, and our friend Allen Moore, the Iditarod musher. We were in Allen's small boat, which was full of fishing gear. We pulled up to a mud bank at the river's edge to prepare new baits for salmon and I walked up the bank to stretch my legs and move around some after sitting in the boat for several hours. As I was coming back down the bank to the boat, my foot slipped in the mud, twisting out and backward. I sat down hard in the mud, screaming in pain. I had dislocated my hip. Two months ago I had hip replacement surgery on that hip. I was in absolute agony, and could not move my leg even a little bit. To my great good fortune, a Fish and Game warden came by in a larger boat and pulled up to the bank to inquire if we needed assistance. We certainly did. I could not get back into Allen's small boat. As I moaned with pain, Allen and Wayne managed to lift me into the warden's boat and he drove me back to the launching ramp at The Pillars where Alien's truck and trailer were parked. When we arrived at the dock, I knew I could not get out of the boat, even with help. I said to them, "Call an ambulance. I have to go to the ER. Something is VERY wrong." So they did. -153- Your ambulance crew arrived in about 10 minutes, which seemed like a lifetime while I waited in the boat. The launching ramp was a beehive of activity with boats putting in and pulling out continuously, and many boats out in the water waiting their turn. The ambulance pulled right down to the edge of the water and the warden pulled his boat sideways across both launching spots, shutting down operations completely. Suddenly a young man in EMS uniform was beside me saying "Ma'am, my name is John and I'm here to help you," There was deep concern in his expression, and great gentleness in his touch. His partner climbed into the boat on my other side and told me his name, but I don't remember it. Getting me out of the boat was quite a challenge, as any change in position from the one I was sitting in sent me into screaming pain. John quickly organized the waiting fishermen into a lifting team, and under his direction a half dozen strong men managed to get me onto a backboard with my leg held up in the air as though I were sitting on a chair, but on my back. Through my screams and moans and sobs they managed fairly quickly to get me into the ambulance in that position. Once inside the ambulance, John's partner rigged a noose to the ceiling rail and tied my leg up to hold it in the position that was least painful to me. John quickly cut my sweatshirt away, established an IV in my arm, and gave me morphine for the pain, talking to me all the while, soothing, calming, giving me a point of focus, Meanwhile his partner was getting my health history and obtaining vital signs. They were both extremely competent, efficient, and very kind. When the ambulance could move, it took both of them being in the back of the rig with me, one to do patient care and one to simply hold my leg so it would not swing. I was told later that it was you, yourself who was driving the rig, with my husband riding next to you. I remember them telling you to go easy on the curves, and you did. I don't remember hitting a single bump, though there were many in the road. The morphine John skillfully administered brought my pain level down from 10 over 10 to about 6 over 10, and I was able to have some awareness of something besides the pain I- was -in, and a great appreciation for the excellent care I was receiving. As a former EMT and now a physician assistant with many years' experience in family practice and urgent care, I have a deep understanding of the challenges of pre hospital care and the skills —both technical and interpersonal— needed to provide it well. Once we arrived at Central Peninsula Hospital in Soldotna, John and his partner managed to cut the noose holding my leg and get me on the gurney and into the ER without allowing my leg to move hardly at all. I heard John giving my report to the receiving nurse and l noted approvingly that it was focused, accurate and -154- complete. Before leaving, he put his hand on my shoulder, leaned over me and said, "You're going to be okay now, they'll take good care of you." He was right. They did. I think I said thank you, but those words are so not enough. I am deeply grateful to all three of you for the incredibly skillful and compassionate care I received from Kenai's Fire Department on Saturday afternoon. You took care of me when I could not take care of myself, and you did it beautifully. Despite challenges from the environment and the condition I was in, you relieved my suffering, quieted my fear, and inspired both my confidence and my trust. Thank you is still not enough, but I must say it again. Thank you. From the bottom of my heart. Most sincerely, Helen Hancken, PA -C Kenai Resident 335 -1072 (home) 690 -1309 (cell) p.s. With your permission, I would like to send a copy of this letter (minus post script) to the editor of the Peninsula Clarion for publication. The people of Kenai need to know what an excellent EMS system stands guard for them. -155- January 5,063 1,761 6,824 7,752 -928 322 7,146 February 4,369 1,602 5,971 7,032 -1,061 316 6,287 March 4592 1,437 6,029 6,911 -882 328 6.357 April 4233 1,571 5.804 7,057 -1,253 277 6,081 May 4,968 1,643 6.611 7,572 -961 248 6,859 June 5.069 1,788 6,857 8,020 -1,163 313 7,170 July 11,274 August I 10,492 September 7.761 October 7,805 November 6,738 December 7,183 Totals 28.294 9,802 38.096 95,597 -6,248 1.804 39,900 ersal Municipal Airport 73.92% ERA GRANT Month AVIATION AVIATION 26.08% GRANT 1 1,788 Total 2008 Change from 2008 JUNE 2009 6,857 KENAI Combined AVIATION Month Total 5-yaar 2007 2006 January 7,417 6.466 ay 4$1 t4S3 March 6.667 6,808 ,I89 May 7,391 7,071 Jthie Ice35 ..5: July 11,606 11,370 A W241 9874 September 7,598 7,359 0C44123ft*ii-irii rtg-*4&:: ;1,7063 November 7413 7,068 ae�m»er '6,771 Totals 93,684 90,070 J11 2007 2006 Comparison Chart 2005 2004 2003 6,023 6,326 6,454 51526 5,923. 5,602 6,184 5.993 5,280 6,669 '5,618 5,375 5,974 5.700 5,848 6,70k, "-QA6,9' 10,860 10 654 9,445 3946. 44674- 6,886 6.838 6,435 6730 r ,i8489 =',6,120 6,938 6,245 5,820 ,6.792, 83,623 82,009 76,729 2005 2004 2003 95000 90000 85000 80000 76000 70000 aneries1 -156- Month APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER FLOAT PLANE BASIN ACTIVITY 2005 -2009 OPERATIONS 2009 2008 2007 2006 2005 Slips Rented Private Commerical Closed 118 190 2009 2008 2007 2006 j 2005 $368 52,7 0 0 0 2 66 0 99 114 118 72 151 317 242 178 265 327 192 221 251 238 119 173 136 227 48 30 51 100 Closed Closed Closed Closed s £7d[ 4453 not reported FUEL SALES 5561 50 $0 $1,035 $3,443 $988 $909 53,101 53,252 52,660 53,138 $3,461 $3,506 $2,721 $2,023 $3,365 $1,735 52,493 $2,051 $2,811 5100 5162 5297 $693 $841$. $14,466ti 9 0 -157- Rev 6/2008 July 21, 2009 Rick Koch City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mr. Koch: Enclosed is the 2008 -2009 Superintendent's Annual Report to the Board of Education and the Kenai Peninsula community. The report outlines some of the achievements made by our staff, district, and students this past year. We are very proud of the accomplishments and positive direction of the district. As always, please feel free to contact me with questions. Sincerely, Steve Atwater, Ph.D. Superintendent of Schools KENAI PENINSULA BOROUGH SCHOOL DISTRICT Office of Superintendent Dr. Steve Atwater, Superintendent of Schools 148 North Binkley Street Soldotna, Alaska 99669 -7553 Phone (907) 714 -8888 Fax (907) 262 -9132 ANCHOR POINT COOPER LANDING HOMER HOPE KACHEMAK SELO KENAI MOOSE PASS NANWALEK NIKISKI NIKOLAEVSK NINILCHIK PORT GRAHAM RAZDOLNA SELDOVIA SEWARD SOLDOTNA STERLING TUSTUMENA TYONEK VOZNESENKA -158- '6" E 0 '3• N 0 ea 2 'is' E 0 0 0, 0 :73 0 0 ct 0 f 52,) 3 0 0 0 ccb. Ct. 'E cC R O1;" 2 7 0 ,8,,f85 Fb O 1-11 0 (13 P S 0 .0 61 -159- fr "ogginS bn t Itii- liFr• QE. -1 1 6 0- 7% t4 ci• S a... t'. ...-tt Y:;: ccE t• Ey S. t t E, 1.i:.7■ ;2. C t. 5±. Er, t"; -tl. E2. •:.E.; ',.t. .i t. 92. 't 'F•••• `,2; i'... .t ''a t t• t E":. E: 7- c.: E. t 9-- ....i- y: .,..y, Ct 2 ..4 LL 0 on ezatganageteasartettlov=3WMattnor SW45'5* t M t5piev g." 4figR? la 0 ggg ja 2 0,_ c= _a iff C.; erg ,4 4 f 4f- $«11 elia aZ H /H o M' .taa 0 e 0 a 8 if L 7 c Zc. g n 9: 0 a fjca 0:“;.'fl= t.P,m Pa e IlesgL4 sgge n=s. i 4w c zS'•E. E:0 1 7fE0- U -5 Vig_, e E orro. 2 3 t V o,0 in r o2oo o m ge t 0 ,t- I E• 4, -1 o wP P... eo E m.92L f'fg ,cx ?I'f :15.E,E9N-7-0/ifl 7ERE -o- .0 et: T.,", ti u "gggP4 gaz:i gg04 54zt..eau lial z .E,?.§. z n a z 0 <00—r6 z EV(3.:5Z, 2°-gg W Iginei 'wg,52 —.0,/,40000-700-0 1.t* il ',.605 t a. ;..?z 7 6 „,.c.« :in' Z 2 52 C t g 88 g .7,-2 ti) t; b .2E2 2 0 tf2 g:::%1212 !Ng:P.1111g !IL rt :L::84 o ?i::: a a 2 1'..". 5" E .,9=s -c .c -Pt= 8 e 2 m>3:>>5>'"°>raFFS ce8-0-0- 4“5 -Pri■-;'•“502 17 2 2,“ 0:8- 0 E 2 o LtD oo B g E Ft5 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE AUGUST 5, 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 August 5, 2009. 1. Substitute Ordinance No. 2398 -2009 Increasing Estimated Revenues and Appropriations by $250,000 in the General and Library Expansion Capital Projects Funds for Capital Improvements. 2. 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. 3. 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. 4. 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. 5. Resolution No. 2009 -46 Adopting Minimum Standard Requirements for Aeronautical Services for the Kenai Municipal Airport. 6. Resolution No. 2009 -47 Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 7. Resolution No. 2009 -48 In Memory of Emily DeForest and Commending Her Contributions and Commitments to the City of Kenai and Kenai Community Library. 8. Resolution No. 2009 -49 In Memory of George A. Navarre and His Contributions and Commitments to the City of Kenai and Surrounding Community. 9. Resolution No. 2009 -50 Adopting an Identity Theft Policy. 10. Resolution No. 2009 -51 Authorizing a Budget Transfer Within the General Fund, Recreation, Parks, and Beautification Departments for Installation of Water Service to the City Cemetery. 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 rk` Posted: August 6, 2009 CITY OF KENAI NOTICE OF PUBLIC HEARING AUGUST 5, 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 August 5, 2009. 1. Ordinance No. 2398 -2009 Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by S250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. (Clerk's Note: Ordinance No. 2398 -2009 was postponed, no time certain, at the May 6, 2009 council meeting. The motion to adopt is active.) a. Substitute Ordinance No. 2398 -2009 Increasing Estimated Revenues and Appropriations by 5250,000 in the General and Library Expansion Capital Projects Funds for Capital Improvements. 2. Ordinance No. 2424 -2009 Increasing Estimated Revenues and Appropriations by 5426.25 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. 3. 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. 4. Ordinance No. 2426 -2009 Increasing Estimated Revenues and Appropriations by 52,281.00 for a City Clerk Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 5. Resolution No. 2009 -46 Adopting Minimum Standard Requirements for Aeronautical Services for the Kenai Municipal Airport. 6. Resolution No. 2009 -47 Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 7. Resolution No. 2009 -48 In Memory of Emily DeForest and Commending Her Contributions and Commitments to the City of Kenai and Kenai Community Library. 8. Resolution No. 2009 -49 In Memory of George A. Navarre and His Contributions and Commitments to the City of Kenai and Surrounding Community. 9. Resolution No. 2009 -50 Adopting an Identity Theft Policy. 10. Resolution No. 2009 -51 Authorizing a Budget Transfer Within the General Fund, Recreation, Parks, and Beautification Departments for Installation of Water Service to the City Cemetery. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas Kenai City Clerk Posted: July 31, 2009 AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 5, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS nttp: /www.ci.ke na i. ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1.Ordinance No. 2398 -2009 Decreasing Estimated Revenues and Appropriations by 8250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by 8250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. (Clerk's Note: Ordinance No. 2398 -2009 was postponed, no time certain, at the May 6, 2009 council meeting. The motion to adopt is active.) a. Substitute Ordinance No. 2398 -2009 Increasing Estimated Revenues and Appropriations by 8250,000 in the General and Library Expansion Capital Projects Funds for Capital Improvements. 2. 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. 3. 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. 4. 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. 5. Resolution No. 2009.46 Adopting Minimum Standard Requirements for Aeronautical Services for the Kenai Municipal Airport. 6. Resolution No. 2009 -47 Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 7. Resolution No. 2009 -48 In Memory of Emily DeForest and Commending Her Contributions and Commitments to the City of Kenai and Kenai Community Library. 8. Resolution No. 2009-49 In Memory of George A. Navarre and His Contributions and Commitments to the City of Kenai and Surrounding Community. 9. Resolution No. 2009 -50 Adopting an Identity Theft Policy. 10. Resolution No. 2009 -51 Authorizing a Budget Transfer Within the General Fund, Recreation, Parks, and Beautification Departments for Installation of Water Service to the City Cemetery. ITEM F: UNFINISHED BUSINESS None ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15000. 3. `Ordinance No. 2427 -2009 Amending KMC 21.05.085 Amending the Fuel Flowage Fee to Exclude Fuel Delivered to the Airport Solely for Transport Off the Airport for Delivery or Resale to Another Entity. 4. *Ordinance No. 2428.2009 Amending KMC 7.25.020 to: 1) Better Define How Budget Transfers in Amounts of Less Than Five Thousand Dollars (85,000) are Accomplished; and, 2) Provide that Budgetary Control for a Capital Project is Done at the Project Level Rather Than the Object Level; and, 3) That Object Level Budget Transfers in Capital Projects in Excess of Five Thousand Dollars ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. 5. *Ordinance No. 2429-2009 Increasing Estimated Revenues and Appropriations by 86,350 in the General Fund for a Library Grant. 6. *Ordinance No. 2430-2009 Increasing Estimated Revenues and appropriations by 85,907 in the General Fund for a Library Grant. 7. *Ordinance No. 2431 -2009 Increasing Estimated Revenues and Appropriations by 860,000 in the Airport fund and In the Airport Improvement Capital Project Fund for a Supplemental Environmental Assessment at the Kenai Airport's Float Plane Basin. 8. *Ordinance No. 2432 -2009 Increasing Estimated Revenues and Appropriations by 819,928 in the Senior Citizen Title III Grant Fund for the Purchase of New Dining Room Chairs. 9. Discussion Donation /Boys Girls Club of the Kenai Peninsula. 10.Discussion Position Creation /Capital Projects Manager EXECUTIVE SESSION Personnel Matter. 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 http: /www.ci.kenai.ak. us.