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Home My WebLink About2009-08-19 Council PacketCOUNCIL MEETING DATE: 1� a.? Ma or/Council Clerk -Attorne City Mana er L Ta for/Flo d Kebschull/Carver 6 Police De artment7` Finance O le V Senior Center '`K, Airport za_ Christine b Library (2) Fire Department V-1 V Parks & Recreation Schmidt P` V. Clarion Mellish Student Re . 0� % LX Y6 Hall Binder AGENDA DISTRIBUTION Sewer Treatment Plant Streets Sho2 Dock Building Maintenance Animal Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. REQUESTED BY: ADD TO: Item D-1, Ordinance No. 2396-2009 -- 8/ 19/09 Loretta Pearce letter concerning fees. CITY CLERK ADD TO: Item D-6, Ordinance No. 2431-2009 -- Wince-Corthell- Bryson proposal for Float Plane Basin Supplemental Environmental Assessment. CITY MANAGER ADD TO: Item G , Approval -- City of Kenai Proposition A Ballot Summary for Kenai Peninsula Borough Voter Pamphlet/ Updated Document (includes reference to Landscaping in the embedded table) CITY MANAGER CONSENT AGENDA No changes. COUNCIL MEETING OF: � %/c z NAME ADDRESS j_lZ4-LL TOPIC Agenda or Non -Agenda Item? L! 'ILA c.._.l t�� A�fJY1f �f�') c City of Kenai —Proposition "A" On April 1, 2009 the Kenai City Council passed the ordinance which amended the Official Kenai Zoning Map by rezoning approximately 22 acres of land located on the north side of the Kenai Spur Highway only, as shown on the map below. The change was from Rural Residential 1 (RR1) and Conservation (C) to Limited Commercial (LC). The purpose of the change was to allow for a transition area between commercial and residential districts. The subject properties are owned by the City of Kenai, Kenai Peninsula Borough, Mental Health and ten private property owners. A NO vote Supports the City Council decision to rezone to Linuted Commercial limited Commerciai R zona Arsa - f DIFFERENCES BETWEEN RURAL RESIDENTIAL 1 AND LIMITED COMMERCIAL AYES vote Returns the zone to Rural Residential 1 LIMITED COMMERCIAL RURAL RESIDENTIAL LAND USES (LC) (RR1) Residential Five or More Dwelling Units Conditional Use Not Permitted Mobile Home Parks Not Permitted Conditional Use Commercial Automotive Sales Not Permitted Conditional Use Automotive Service Stations Not Permitted Conditional Use Industrial Airports & Related Uses Not Permitted Conditional Use Automotive Repair Not Permitted Conditional Use Gas Manufacture/Storage Not Permitted Conditional Use Storage Yard Not Permitted Conditional Use Warehouses Not Permitted Conditional Use Governmental Buildings Permitted Conditional Use Cemeteries Not Permitted Conditional Use Crematories/Funeral Homes Conditional Use Not Permitted Gunsmithing, Printing, Taxidermy Permitted Conditional Use Assemblies (Large Circuses, Fairs, etc.) Not Permitted Conditional Use Recreational Vehicle Parks Not Permitted Conditional Use Subsurface Extraction of Natural Resources Not Permitted Conditional Use Surface Extraction of Natural Resources Not Permitted Conditional Use Landscaping Required: Yes No �� CITY OFNAI - BALLOT PROPOSITION A (REZONE) On April 1, 2009 the Kenai City Council enacted an ordinance which amended the Official Kenai Zoning p by rezoning approximately 22 acres of land located on the north side of the Kenai Spur ighway, as shown on the map below, from rural Residential 1 (RR1) and Conservatio (C) to Limited Commercial (LC). The area of the rezone is comprised of fourteen properties, seven of which are permitted in the Limited Commercial Zone. The Limited Commercial Zone is established to provide for a transition area between commercial and residential districts by allowing low to medium volume businesses, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts (KMC 14.20.115). Limited Commercial Rezone Area - ] DIFFERENCES BETWEEN RURAL RESIDENTIAL 1 AND LIMITED COMMERCIAL RURAL LIMITED RESIDENTIAL 1 LAND USES COMMERCIAL (LQ (RRl) Residential Five or More Dwelling Units Conditional Use Not Permitted Mobile Home Parks Not Permitted Conditional Use Commercial Automotive Sales Not Permitted ( Conditional Use Automotive Service Stations Not Permitted Conditional Use Industrial Airports & Related Uses Not Permitted Conditional Use Automotive Repair Not Permitted Conditional Use I Gas Manufacture/Storage Not Permitted Conditional Use Storage Yard i Not Permitted ( Conditional Use Warehouses Not Permitted Conditional Use Governmental Buildings Permitted Conditional Use Cemeteries Not Permitted Conditional Use Crematories/Funeral Homes Conditional Use Not Permitted Gunsmithing, Printing, Taxidermy Permitted Conditional Use Assemblies (Large Circuses, Fairs, etc.) Not Permitted Conditional Use Recreational Vehicle Parks Not Permitted Conditional Use Subsurface Extraction of Natural Resources Not Permitted Conditional Use Surface Extraction of Natural Resources Not Permitted Conditional Use Landscaping Required: Yes No Shall City of Kenai Ordinance No. 2393-2009, that amended the Official Kenai Zoning Map by rezoning approximately 22 acres located North of the Kenai Spur Highway from McCollum Drive West to No -Name Creek from Rural Residential 1 (RR1) and Conservation (C) to Limited Commercial (LC), be repealed? ❑ YES (A Yes vote would repeal Ordinance No. 2393-2009.) ❑ NO (A No vote would not repeal Ordinance No. 2393-2009.) COUNCIL MEETING OF:er� 1 ��000 PORTER SMALLEY - e ROSS MOLLOY -s ffirsIn I • Page of M I s-F V SMALLEY MOORE ELDRIDGE ROSS OS MOLLOY PORTER SMALLEY [•�•1 � _ • • , , , III■ • • i • COUNCIL MEETING OF: I� : :' ERNIMIRmeli"R m PORTER SMALLEY MOORE Page -2 of PORTER ' , _ . SMA LEY ..- ROSS MOLLOY COUNCIL MEETING OF: ✓� JOHNSON �PORTER [�L1113'� • ROSS �� MOLLOY BOYLE M s v JOHNSON PORTER SMALLEY MOORE ELDRIDGE ROSS MOLLOY BOYLE Page � of 95 I I m I s I v I SMALLEY MOORE ELDRIDGE ROSS MOLLOY BOYLE I I m I s I v I (r M S v JOHNSON PORTER SMALLEY MOORE ELDRIDGE ROSS MOLLOY BOYLE AGENDA KENAI CITY COUNCIL — REGULAR MEETING AUGUST 19, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ei.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 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" ......................................... 1 (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.) a. Substitute Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections"........... 14 2. 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 .......................................... 27 3. 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 ($5,000) or More Shall be Reported to the Kenai City Council on a MonthlyBasis................................................................................................ 29 4. Ordinance No. 2429-2009 -- Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant .................... 31 5. Ordinance No. 2430-2009 -- Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant .................... 33 6. 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.................................................................... 35 7. 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.............................................................. 37 8. Resolution No. 2009-52 -- Setting the Time and Place for a Public Hearing on the South Ames Road LID Street Improvement Special Assessment District....... 39 9. Resolution No. 2009-53 -- Awarding the Bid to Brenntag Pacific, Inc. for Miscellaneous Chemicals --August 2009........................................................... 40 10. Resolution No. 2009-54 -- Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs--2009 for the Total Amount of$46,936.00............................. 42 11. Resolution No. 2009-55 -- Authorizing a Budget Transfer Within the General Fund, Buildings, and Non -Departmental Departments for a Citywide Information Technology System Study............................................................. 43 12. Resolution No. 2009-56 -- Directing the Administration to Enter Into a Grant Agreement With the Boys and Girls Club of the Kenai Peninsula for Fiscal Year 2010 Funding of the Kenai Clubhouse in the Amount of $45,000...................... 45 ITEM F: MINUTES 1. *Regular Meeting of August 5, 2009................................................................. 46 2. * August 5, 2009 Council Work Session Notes .................................................. 64 ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified......................................................................................... 66 2. Approval of Purchase Orders Exceeding$15,000............................................. 67 3. *Ordinance No. 2433-2009 -- Amending KMC 1.15.040 (Agenda and Packet - Development, Preparation, Distribution, Publication, Late Materials) to Include a Subsection Providing for the Clerk's Preparation of the Agenda ...................... 70 4. *Ordinance No. 2434-2009 -- Amending KMC14.25 (Landscaping/Site Plan Regulations) by Amending KMC 14.25.020 (Application) and Enacting a New Section KMC 14.25.025 (Retention Basins) to Provide Landscaping and Site Plan Requirements for the Development of Retention Basins ............................ 74 5. *Ordinance No. 2435-2009 -- Amending the Land Use Table in KMC 14,22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Permit in the Townsite Historic Zone (TSH).......................... 78 6. Approval -- Amendment/City Manager Contract ............................................. 88 7. Approval -- Change Order No. 2/Kenai Courthouse Parking Expansion 2009... 90 8. Approval -- City of Kenai Proposition A Ballot Summary for Kenai Peninsula Borough Voter Pamphlet ............................ ............. ..................... I.,............... 96 9. Discussion -- Proposition Informational Flyer/DRAFT..................................... 98 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging............................................................................................ 2. Airport Commission........................................................................................ 106 3. Harbor Commission....................................................................................... 109 4. Library Commission....................................................................................... 112 5. Parks & Recreation Commission..................................................................... - 6. Planning & Zoning Commission...................................................................... 118 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........................................................... 127 ITEM J: REPORT OF THE MAYOR ........................................................ ITEM K: ADMINISTRATION REPORTS 1. City Manager................................................................................................. 133 2. City Attorney................................................................................................. 3. City Clerk...................................................................................................... ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: 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 (RRl) to Limited Commercial (LC). 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 -- City Attorney Exit Interview. ITEM N: ADJOURNMENT ******************************************************************************************** INFORMATION ITEMS AUGUST 19, 2009 Page No. 1. 8/ 19/2009 Purchase Orders Between $2,500 and $15,000 for council review.... 143 2. 7/09 Kenai Municipal Airport Enplanement Report .......................................... 144 3. 7/31/09 K. Leaf email transmission related to the new soccer fields .................. 145 4. Boys & Girls Club of the Kenai Peninsula -- FY09 Fourth Quarter Kenai Recreation Center/Teen Center Report............................................................. 147 5. 8/ 18/09 Kenai Peninsula Borough Assembly meeting agenda with attachments................................................................................................... 151 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE WITH THE ADDITION OF CHAPTER 10.40, ENTITLED, "RELEASE OF PUBLIC RECORDS" AND "REGULATIONS CONCERNING PUBLIC RECORD INSPECTIONS." WHEREAS, the Kenai Municipal Code currently does not include a specific provision for the release of public records; and, WHEREAS, including specification for the release of public records in the Kenai Municipal Code is in the best interest of the city to provide defmition and direction for requesting, exempting, responding to requests, etc. with regard to the release of public records. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Kenai Municipal Code be amended with the addition of Chapter 10.40, entitled "Release of Public Records" as provided in Attachment A and "Regulations Concerning Public Record Inspections" as provided in Attachment B. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19t" day of August, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 1, 2009 Second Reading/Postponed: April 15, 2009 Third Reading and Substituted: May 20, 2009 Fourth Reading: August 19, 3009 Adopted: August 19, 2009 Effective: September 19, 2009 -1- FIR :f�.`:1 •_ _.� ;�Di ►. ','►: Sections: 10.40.030 Information available to the public. 10.80.040 Records exempted. 10.40.050 Regulation of time, place and manner of inspection of public records. 10.40.055 Litigation Disclosure 10.40.060 Response to requests for public records 10.40.010 Intent. It is the intention of the City to provide [FULL AND FREE] access of the public to municipal records and information consistent with the Alaska Public Records Act so that the people of the city may be well informed at all times as to municipal business. With the exception of the specific exemptions set forth under Section 10.40.040, all information and records in the control of the municipality shall be made available to the public upon request. 10.40.020 Definitions. For the purposes of this chapter: (a) "Municipal agency" shall be defined as any department, division, board, commission or private contractor, of the City, which has custody of public records as defined in this chapter. (b) "Public records" means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by the city or a municipal agency and that are preserved for their informational value or as evidence of the organization or operation of the city; "public records" does not include proprietary software programs. 10.4-0.030 Information available to the public. Except as provided by Section 10.40.040, or by other provisions of municipal, state or federal law, all public records shall be open to inspection by any person subject to guidelines regulating the time, place said manner of inspection which may be adopted by the City Clerk pursuant to Section 10.40.050. Documents are not required to be created in order to comply with an information request, but will be provided from documents/information that already exists. The types of records and. Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page i of 5 IN information open to public inspection pursuant to this chapter shall include, but shall not be limited to, the following: (a) Financial and operational cost information, including information as to revenues, expenditures, indebtedness, department budget requests, and formal departmental recommendations in regard to project priority; (b) Information relating to contracts to which the municipality is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by the municipality, and information relating to the status of goods or services furnished pursuant to contract; (c) Regulatory, financial assessment and tax information concerning real property located within the municipality; (d) Salary levels and fringe benefits accorded municipal officers and employees by law, including information in regard to the pay range and step grade of an employee or officer and statistical analyses or compilations relating to municipal practices and policies concerning compensation for various occupational groups, departments and divisions; (e) Statistical information and analyses concerning case loads, numbers and categories of persons for whom services were performed or treatment provided, results achieved and per patient and per unit cost; and, (f) Feasibility, management, cost effectiveness and similar reports prepared by the municipality with municipal moneys. (g) The foregoing enumeration of information available for public inspection is not designed to limit the categories of records and information that shall be made available to the public pursuant to this chapter. The policy of providing public access to public information shall be broadly and liberally construed. 10.40.040 Records exempted. The City shall not be required to release or disclose the following documents or records: (a) Communications of any kind between the municipal attorney and officers or employees of the city, or any other individual, firm or corporation containing a legal opinion, memorandum or other disclosure or information pertaining to any matter then in litigation or where litigation may be reasonably anticipated. This exemption does not extend, however, to any documents, records or other written communication that may have been made public prior to the commencement of litigation and public records which must otherwise be disclosed cannot be withheld on the grounds that they have been submitted to the municipal attorney; (b) All personnel records of city officers and employees, including, without limitation, employment applications, examination materials, and Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 2 of S -3- performance evaluation records that reveal medical information about any speck individual; records the reveal the personal, intimate, or private life of an individual; and, in addition., any record the disclosure of which would constitute an unwarranted invasion of privacy; but this subjection does not protect from disclosure the following: (1) employment applications of city officials appointed by the city council; (2) employment applications of the director of each department of the city; (3) performance evaluations of city officials appointed by the city council to the extent the performance evaluations relate to the individual's job performance and do not impugn an individual's honesty, integrity, or morality outside of professional life; (4) the names and position titles of all city employees; (5) the current and prior positions held by a city employee. (6) the dates of appointment and separation of a city employee; and, (7) the records described in subsection 10.40.030(d). In the event of a request for disclosure of items described in subparts 1, 2, and 3 of this subsection, the City Manager, City Officials and Directors will be noted at least two (2) days prior to release of such records and may appeal the decision under KMC 10.40.060. (c) Records or information compiled for law enforcement purposes, but only to the extent the production of the law enforcement records or information: (1) could reasonably be expected to interfere with enforcement proceedings; (2) would deprive a person of a right to a fair trial or an impartial adjudication; (3) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of suspect, defendant, victim, or witness; (4) could reasonably be expected to disclose the identity of a confidential source; (5) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions; (6) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or, (7) could reasonably be expected to endanger the life or physical safety of an individual; (d) Information such as name, address, etc., that would identify complainants in actions to enforce any City regulation or ordinance, Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 3 of 5 es except as such disclosure may become necessary to a fair and just disposition of the enforcement proceeding; (e) Records held by the City concerning any customer using municipal services, release of which would be unwarranted invasion of privacy; (f) Engineering or other technical specifications or data which might provide a competitive advantage to any person, firm, or corporation engaged or potentially to be engaged in municipal business; (g) Information obtained by and in the custody of insurance carriers insuring the municipality and their attorneys and agents regarding possible and pending claims against the municipality; (h) Medical and related public health records; (i) Records pertaining to juveniles unless disclosure is authorized by law; 0) Records required to be kept confidential by law. (k) Any record, nondisclosure of which is authorized by a valid Alaska or federal statute or regulation, or by a privilege, exemption, or principle recognized by the courts, or by aprotective order authorized by law. M Sales tax information excluded from disclosure by KPB 5.18.040 as amended. 10.40.050 Regulation of time, place and manner of inspection of public records. The City Council shall adopt regulations as to the time, place, and manner of inspection of public records held by the municipality. Such regulations may also provide: (a) That a fee may be required. The fee shall not exceed the actual cost to the information request. In the event the person is unable to pay any requested fee, and signs an affidavit to the effect that he or she is indigent, there will be no cost to the above -described person. See Regulation 1.06, Regulations Concerning Public Record Inspections. (b) The form in which the specific documents shall be made available. Documents need not be reproduced in the exact form or medium in which they are stored. However, any alteration of the form or medium of public record shall not change the substantive content of the information contained in the public record. When the actual content is changed, the nature of the change and why it was necessary shall be communicated to the requestor. Regulations adopted pursuant to this section shall be posted in a conspicuous manner at City Hail, 10.40.055 Litigation Disclosure. Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 4 of 5 -5- A public record that is subject to disclosure and copying remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving the city or any municipal agency, except that with respect to a person involved in Litigation, the records sought shall be disclosed in accordance with applicable court rules. In this section, "involved in Itigation" means a party to litigation or representing a party to litigation, including obtaining public records for the party. 10.40.060 Response to requests for public records. All requests for public information or records shall be approved by the City Clerk. The City Clerk, or his/her designee shall, consistent with the orderly conduct of municipal business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records made pursuant to this chapter. To effect this policy, the following guidelines are adopted: (a) Information pursuant to this chapter shall be furnished promptly to the requesting party unless the information requested is declared privileged or confidential pursuant to applicable federal, state or municipal law. If the City Clerk or his/her designee considers the information to be privileged, after consultant with the City Attorney, he/ prepare a slip setting for the date, the item of information requested, the specific provision of applicable state, federal or municipal law exempting the requested information from disclosure. A copy of this slip shall be provided to the party requesting the information. (b) A decision regarding a request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven (7) working days from the Council's consideration thereof either granting or denying the appeal. An appeal from the decision of the Council shall be to the Superior Court. (c) All requests for records and information made pursuant to this chapter shall be responded to within a reasonable time period. If the records and information cannot be located in time to make a response within five (5) working days of the request, the requesting party shall be promptly advised, and, if the requesting party still desires the information or records, a reasonable and diligent search shall continue. (d) If a request is deemed non -routine or large, written notification will be made to the requestor within five (5) working days with an estimate of production costs pursuant to KMC 10.40.060(e) and Regulation 1, Fees, Regulations Concerning Public Record Inspections. Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 5 of 5 M FEES 1.01 Copies. The fee for copying public records is as follows: The first nine copies are free. [THERE SHALL BE A CHARGE OF $2.50, PLUS SALES TAX, FOR THE TENTH (10TH) COPY.] There will be a charge of $.25, plus sales tax for each copy over ten (10). Copies of audio recordings to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first cassette tape and $5.00 for each additional, cassette tape. 1.02 Certified Copies. The fee for a certified copy of a document will be the City's standard certification fee, plus the standard copying fee. At this time, the certification fee is ten dollars ($10.00) per document. Only the City Clerk or Deputy City Clerk will certify documents. 1.03 Production Fee. If the production of records for one requestor in a calendar month exceeds five -person, hours, the requestor must pay a production fee. The production fee will be the city employee's actual salary, plus benefit costs, for the time required over five (5) hours during the month to search, review, and copy the records. If multiple city employees compile the requested records, a composite hourly rate for all employees involved will be determined and a credit for five (5) hours at that rate will be applied. [THE TIME FOR REVIEW INCLUDES THE TIME SPENT TO EXAMINE THE RECORDS FOR THE PURPOSES OF DETERMINING WHETHER THE DOCUMENT IS RESPONSIVE TO THE REQUEST AND WHETHER THE DOCUMENT WILL BE DISCLOSED OR WHETHER IT MUST BE WITHHELD BASED ON PRIVILEGE, EXEMPTION, OR OTHER EXCEPTION.] The production fee will be in addition to the standard copying fee. Example of composite rate calculation is: Emplovee A 15 hours @ $50/hour I _ ( $ 750.00 Em to ee B 4 hours $75 hour = $ 300.00 1, Employee C 2 hours I tu7, $35/hour = $ 75.00 Totals 21 hours 1 $1,120.00 $1,120 - 21 (total hours) = $53.33 (composite rate) $1,120 - ($53.33 x 5 free hours) = $ 853.35 to be paid by FOIA Requestor 1.04 Estimate and Advance Payment. If a production fee is required or anticipated under the preceding paragraph, the city staff will prepare an estimate of Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 1 of 6 -7- the production fee and copying fee that are expected to result from producing the requested records. The requestor must deposit the estimated production and copying fees in advance of the search. If the actual production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual production and copying fees are greater than the estimate, the records will not be released to the requestor until the requestor pays the difference. 1.05 Inspection Only. There will be no fee for simple inspection of records, except when the production of the records for inspection by one requestor in a calendar month exceeds five person -hours. In that case, the requestor will be required to pay the production fee as described in the preceding paragraphs. 1.05 Indigency. if a person is unable to pay a fee, and signs an affidavit to the effect that he or she is indigent, then the City Clerk will waive the copying fee and production fee, except when the City Clerk, based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently. Annual income as a Percent of current health And human services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1 - 100% 100% Waiver 101 - 149% 75% Waiver 150-174% ` 50% Waiver 1.75-199% 1 25% Waiver 200% plus ( No Waiver An application for indigency may be filed with the City Clerk for waiving or partially waiving the costs of record reproduction. The City Clerk may allow an applicant, who qualifies as an indigent, a reduced record reproduction fee, a payment plan or a waiver of the filing fee where the City Clerk is able to make a written finding, based on information provided by the applicant that payment of the record reproduction fee would be a financial hardship. Based upon the information provided, the fee may be reduced or waived in accordance with the above scale. As required by AS 40.25,110, anv fee waiver or reduction must be uniformly applied to persons who are similarly situated DENIALS.A. REQUIREMENTS FOR PU13LIC RECORD REQUESTS -- APPROVALS AND 2.01 City Clerk Approval. According to Kenai Municipal Code, Section 10.40, all requests for public information or records are to be approved by the City Clerk, after consultation with the City Manager and City Attorney. (See Regulation 5.01) The City Clerk, or the Clerk's designee, will, consistent with the orderly conduct Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 2 of 6 in of city business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records. 2.02 Routine Requests. Routine requests for inspection or copying of records may be approved (but not denied) and responded to by the City Clerk, Deputy City Clerk, or the Department Head of the department in which the records are located. They may act as the City Clerk's designee for the approval of routine requests. For purposes of these regulations, a routine request is a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the city staff. Routine requests may be submitted orally or in writing. 2.03 Non -Routine Requests. Non -routine requests for inspection or copying of records must be made in writing and referred to the City Clerk for approval or disapproval. Non -routine requests include, but are not limited to, requests for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take more than one person -hour of staff time to respond, and requests from a person involved in litigation with the City. 2.04 Litigation Disclosure Requests. A person "involved in litigation" means a party to a lawsuit involving the City, a person representing a party in a lawsuit, or a person requesting records on behalf of a party to a lawsuit. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines that a request for inspection or copying is being made by or on behalf of a person involved in litigation, the City Clerk, may deny the request and require the request be processed in accordance with applicable court rules under Kenai City Code, Section 10.40.055. 2.05 Aggregation of Certain Requests. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a production fee (for production of records requiring more than five person -hours of staff time per month), the City Clerk will aggregate all such requests and treat them as one request made by person. 2.06 Bad Faith Affidavit of lndigency. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines a person has made an affidavit of indigency in bad faith or fraudulently for the purpose of avoiding payment of production, copying, or other fees, the City Clerk will deny the waiver of the fees. 2.07 Harassment Request. If the City Clerk, in good faith, after consultation with the City Attorney, reasonably determines a request for copies or inspection of Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 3 of 6 -9- records is not made in good faith, and is made for the purpose of harassment of the City or city officials, or to purposely interfere with the orderly conduct of city business, the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requestor to be heard by the City Clerk. 2.08 Description of Records Requested. A requestor must describe the records sought in sufficient detail to enable the City to locate and identify the records sought. If the records are described by the requestor in general terms, the city staff shall attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the request is not sufficient to allow the staff to identify the requested records, the requestor shall be notified promptly by the City Council, the request cannot be approved or processed until a sufficient description of the record is received. [2.09 DELIBERATIVE PROCESS RECORDS. THERE IS A RECOGNIZED NEED TO ENCOURAGE OPEN, FRANK DISCUSSIONS AMONG GOVERNMENT OFFICIALS ABOUT PROPOSED OR CONTEMPLATED GOVERNMENTAL ACTION. DISCLOSURE OF OFFICIAL DELIBERATIONS WILL INHIBIT THOSE DISCUSSIONS, INVADE THE MENTAL PROCESSES OF GOVERNMENT OFFICIALS, AND ADVERSELY AFFECT THE QUALITY OF ADMINISTRATIVE DECISION MAKING. RECORDS CONTAINING DELIBERATIVE PROCESS INFORMATION ARE CONFIDENTIAL AND NEED NOT BE DISCLOSED. ACCORDINGLY, REQUESTS FOR INTERNAL, PRE - DECISIONAL RECORDS THAT ARE DELIBERATIVE IN NATURE, WILL BE DENIED UNLESS THE CITY CLERK, AFTER CONSULTATION WITH THE CITY ATTORNEY, DETERMINES THE REQUESTOR HAS ESTABLISHED, ON BALANCE, THE INTEREST OF THE PUBLIC IN HAVING ACCESS TO THE RECORD OUTWEIGHS THE INTEREST OF THE PUBLIC IN HAVING CITY BUSINESS CARRIED ON EFFICIENTLY AND WITHOUT UNREASONABLE INTERFERENCE.] 3.01 Routine Requests. A routine request for records will be responded to promptly at the office where the records are kept, or another city office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of city business. If the records cannot be produced within five (5) working days, the requestor will be advised. 3.02 Non -routine Requests. Records in response to an approved non -routine request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or the City Clerk's designee. For the convenience of the City, the City Clerk may designate an inspection. location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396.2009 Page 4 of 6 -10- requestor of the specific time and date on which the inspection may occur. If, and tc the extent necessary to maintain the orderly conduct of city business, the City Clerk may limit the days and hours when inspection and copying of public records may occur. 3.03 Large Requests. If a request is made for inspection or copying of a large volume of public records, the City Clerk, after consultation with the City Attorney, may require the requestor to make a written designation of the order in which the requestor wants the records produced. When such order is designated by the requestor, the City will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as city staff time permits. The orderly conduct of city business will not be interrupted to make fast response to such a request. It is reasonable the maker of such a large request should expect an extended time for response. The City Clerk will advise the requestor of the estimated time in which the response will be made. 4.01 Form of Records. The records of the City will normally be made available for inspection or copying in the format in which the City maintains or disseminates the records. Exact reproduction is not required, but any alteration of the form or medium of public records must not change the substantive content of the information, and if the actual content is changed, the nature of the change and the reason for the change will be communicated to the requestor. 4.02 Summarization or Manipulation of Records. The City is not required to compile or summarize its records in response to a request for information. The City is not required to manipulate its data to create new records in response to a request for information. 4.03 Partially Disclosable Records. If public records contain information that is disclosable in part and non-disclosable in part, the non-disclosable information shall be removed prior to disclosure. 5.01 Written Response. If the City Clerk, after consultation with the City Attorney and City Manager, makes an adverse determination, in whole or in part, to a written public records request, the City Clerk will provide a written response setting forth the adverse determination. It will include a description of the records requested, a description of the records that will not be provided, and the reasons for the adverse Attachment "B" Regulations Concerning Public Record inspections Substitute Ordinance No, 2396-2009 Page 5 of 6 -11- determination, including reference to provisions of law or regulations, facts, and other information relied upon. The City Clerk's written response will also include a notice the requestor has a right to appeal to the City Council. 5.02 Response to Oral Requests. Oral requests may be accepted for a routine request. Oral requests for records will not be accepted for a non -routine request or receive a written response from the City Clerk unless the requestor is unable to make a written request because of inability to write or because of mental or physical disability. In that case, the City staff will assist the requestor in making a request that will be responded to and treated as a written request for all purposes under these regulations. 5.03 When No Response is Deemed Denial. If the requestor receives no response to a written request for records within five (5) working days of making that request, the requester may file with the City Clerk a written demand for a written response. If the City Clerk does not give a written response to that demand within three (3) working days of the City Clerk's receipt of the demand, the request for records will be deemed denied. 5.04 Appeal to City Council. A denial, in whole or in part, a deemed denial, or any adverse written determination by the City Clerk in response to a written request for public records may be appealed by the requestor to the City Council under City of Kenai Municipal Code, Section 14.20,290. 5.05 Appeal to Superior Court. A final decision of the City Council on an appeal from a decision of the City Clerk may be further appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. Approved by Ordinance No. 2396-2009. DATED: This 20th day of May, 2009. PAT PORTER, MAYOR ATTEST: Carol L. HYeas, City Clerk Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 6 of 6 -12- 210 Fidalgo Avenue Kenai, Alaska 99611 Email the REQUEST IDENTIFICATION NO. (Year) (Sequence) or you may attach Phone: (907) 283-7535, ext. 231 Fax: (907) 283-5068 I acknowledge and agree to pay the following charges for the documents requested: Copies = Up to nine pages are tree. up to ten pages are $2.50, plus sales tax, and $.25 (twenty-five cents) plus sales tax for each additional page. Copies of audio records to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first cassette tape and $5.00 for each additional cassette tape. I understand research is limited and will be charged per requestor in a calendar month exceeding five -person hours, i.e. the fee is the City employee's actual salary plus benefit costs. An estimate will be prepared and the requestor must deposit the estimated production and copying fees in advance. if the actual costs are greater than the estimate, the records will not be released until the difference is paid and if the actual costs are less, the requester will receive a refund of the difference. No fee for simple inspection, except when the production of records by one requester exceeds five person hours in a calendar month pursuant to AS 40.25.110 c . p ® ® RM 511 I hereby certify: I am not involved in litigation, in a judicial or administrative forum, nor am I acting on behalf of or otherwise representing any party who is involved in litigation with the City of Kenai to which the requested record is relevant; and, Print Name Si nature Date • e REQUEST ID NO. Staff Member Research Time Date - minutes Request received Request reviewed Records located Fee calculated Re uestor notified Documents rovided Amount $ -13- SUBSTITUTE Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENTDING THE KENAI MUNICIPAL CODE WITH THE ADDITION OF CHAPTER 10.40, ENTITLED, "RELEASE OF PUBLIC RECORDS" AND "REGULATIONS CONCERNING PUBLIC RECORD INSPECTIONS." WHEREAS, the Kenai Municipal Code currently does not include a specific provision for the release of public records; and, WHEREAS, including specification for the release of public records in the Kenai Municipal Code is in the best interest of the city to provide definition and direction for requesting, exempting, responding to requests, etc, with regard to the release of public records. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Kenai Municipal Code be amended with the addition of Chapter 10.40, entitled 'Release of Public Records" as provided in Attachment A and 'Regulations Concerning Public Record Inspections" as provided in Attachment B. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2009. PAT PORTER, MAYOR ATTEST: L. Freas, City Clerk Introduced: April 1, 2009 Second Reading( Postponed: April 15, 2009 Third Reading and Substituted: May 20, 2009 Fourth Reading: August 19, 3009 Adopted: August 19, 2009 Effective: September 19, 2009 S AO p 0XII i.T ..J aE ii Sections: 10.40.030 Information available to the public. 10.80.040 Records exempted. 10.40.050 Regulation of time, place and manner of inspection of public records. 10.40.055 Litigation Disclosure 10.40.010 Intent. It is the intention of the City to provide [FULL AND FREE] access of the public to municipal records and information consistent with the Alaska Public Records Act so that the people of the city may be well informed at all times as to municipal business. With the exception of the specific exemptions set forth under Section 10.40.040, all information and records in the control of the municipality shall be made available to the public upon request. 10.40.020 Definitions. For the purposes of this chapter: (a) "Municipal agency" shall be defined as any department, division, board, commission or private contractor, of the City, which has custody of public records as defined in this chapter. (b) "Public records" means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by the city or a municipal agency and that are preserved for their informational value or as evidence of the organization or operation of the city; "public records" does not include proprietary software programs. 10.40.030 Information available to the public. Except as provided by Section 10.40.040, or by other provisions of municipal, state or federal law, all public records shall be open to inspection by any person subject to [GUIDELINES REGULATING] regulations regards the time, place and manner of inspection which may be adopted by the City [CLERK] Council pursuant to Section 10.40.050. Documents are not required to be created in order to comply with an information request, but will be provided from documents/information that already Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 1 of 5 -15- exists. The types of records and information open to public inspection pursuant to this chapter shall include, but shall not be limited to, the following: (a) Financial and operational cost information, including information as to revenues, expenditures, indebtedness, [DEPARTMENT BUDGET REQUESTS, AND) formal departmental recommendations in regard to project priority and, after budget finalization, department budget requests; (b) Information relating to contracts to which the municipality is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by the municipality, and information relating to the status of goods or services furnished pursuant to contract; (c) Regulatory, financial assessment and tax information concerning real property located within the municipality; (d) Salary levels and fringe benefits accorded municipal officers and employees by law, including information in regard to the pay range and step grade of an employee or officer and statistical analyses or compilations relating to municipal practices and policies concerning compensation for various occupational groups, departments and divisions; (e) Statistical information and analyses concerning case loads, numbers and categories of persons for whom services were performed or treatment provided, results achieved and per patient and per unit cost; and, (f) Feasibility, management, cost effectiveness and similar reports prepared by the municipality with municipal moneys. jg The foregoing enumeration of information available for public inspection is not designed to limit the categories of records and information that shall be made available to the public pursuant to this chapter. The policy of providing public access to public information shall be broadly and liberally construed. 10.40.040 Records exempted. The City shall not be required to release or disclose the following documents or records: (a) Communications of any kind between the municipal attorney and officers or employees of the city, or any other individual, firm or corporation containing a legal opinion, memorandum or other disclosure or information pertaining to any matter then in litigation or where litigation may be reasonably anticipated. This exemption does not extend, however, to any documents, records or other written communication that may have been made public prior to the commencement of litigation and public records which must otherwise be disclosed cannot be withheld on the grounds that they have been submitted to the municipal attorney; Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 2 of 5 -16- (b) All personnel records of city officers and employees, including, without limitation, employment applications, examination materials, and performance evaluations records that reveal medical information about any specific individual; records that reveal the personal, intimate, or private life of an individual; and, in addition, any record the disclosure of which would constitute an unwarranted invasion of privacy; but this subjection does not protect from disclosure the following: (1) employment applications of city officials appointed by the city council; (2) employment applications of the director of each department of the city; (3) performance evaluations of city officials appointed by the city council to the extent the performance evaluations relate to the individual's job performance and do not impugn an individual's honesty, integrity, or morality outside of professional life; (4) the names and position titles of all city employees; (5) the current and prior positions held by a city employee. (6) the dates of appointment and separation of a city employee; and, (7) the records described in subsection 10.40.030(d). In the event of a request for disclosure of items described in subparts 1, 2, and 3 of this subsection, the City Manager, City Officials and Directors will be notified at least two (2) days prior to release of such records and may appeal the decision under KMC 10.40.060. (c) Records or information compiled for law enforcement purposes, but only to the extent the production of the law enforcement records or information: (1) could reasonably be expected to interfere with enforcement proceedings; (2) would deprive a person of a right to a fair trial or an impartial adjudication; (3) could reasonably be expected to constitute an unwan-anted invasion of the personal privacy of suspect, defendant, victim, or witness; (4) could reasonably be expected to disclose the identity of a confidential source; (5) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions; (6) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or, (7) could reasonably be expected to endanger the life or physical safety of an individual; Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 3 of 5 -17- (d) Information such as name, address, etc., that would identify complainants in actions to enforce any City regulation or ordinance, except as such disclosure may become necessary to a fair and just disposition of the enforcement proceeding; (e) Records held by the City concerning any customer using municipal. services, release of which would be unwarranted invasion of privacy; (fl Engineering or other technical specifications or data which might provide a competitive advantage to any person, firm, or corporation engaged or potentially to be engaged in municipal business; (g) Information obtained by and in the custody of insurance carriers insuring the municipality and their attorneys and agents regarding possible and pending claims against the municipality; (h) Medical and related public health records; (i) Records pertaining to juveniles unless disclosure is authorized by law; 6) Records required to be kept confidential by law. (k) Any record, nondisclosure of which is authorized by a valid Alaska or federal statute or regulation, or by a privilege, exemption, or principle recognized by the courts, or by aprotective order authorized by law. (1) Sales tax information excluded from disclosure by KPB 5.18.040 as amended. 10.40.050 Regulation of time, place and manner of inspection of public records. The City Council shall adopt regulations as to the time, place, and manner of inspection of public records held by the municipality. Such regulations may also provide: (a) That a fee may be required. The fee shall not exceed the actual cost to produce the information requested. In the event the person is unable to pay any requested fee, and signs an affidavit to the effect that he or she is indigent, there will be no cost to the above -described person. See Regulation 1,06, Regulations Concerning Public Record Inspections. (b) The form in which the specific documents shall be made available. Documents need not be reproduced in the exact form or medium in which they are stored. However, any alteration of the form or medium of public record shall not change the substantive content of the information contained in the public record. When the actual content is changed, the nature of the change and why it was necessary shall be communicated to the requestor. Regulations adopted pursuant to this section shall be posted in a conspicuous manner at City Hall. Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 4 of 5 5N 1O.40.055 Litigation Disclosure. A public record that is subject to disclosure and copying remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving the city or any municipal agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with applicable court rules. In this section, "involved in litigation" means a party to litigation or representing a party to litigation, including obtaining public records for the party. 10.40.060 response to requests for public records. All requests for public information or records shall be approved by the City Clerk. The City Clerk, or his/her designee shall, consistent with the orderly conduct of municipal business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records made pursuant to this chapter. To effect this policy, the following guidelines are adopted: (a) Information pursuant to this chapter shall be furnished promptly to the requesting party unless the information requested is declared privileged or confidential pursuant to applicable federal, state or municipal law. If the City Clerk or his/her designee considers the information to be privileged, after consultation with the City Attorney, he/she shall prepare a slip setting forth the date, the item of information requested, the specific provision of applicable state, federal or municipal law exempting the requested information from disclosure. A copy of this slip shall be provided to the party requesting the information. (b) A decision regarding a request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven (7) working days from the Council's consideration thereof either granting or denying the appeal. An appeal from the decision of the Council shall be to the Superior Court. (c) All requests for records and information made pursuant to this chapter shall be responded to within a reasonable time period. If the records and information cannot be located in time to make a response within five (5) working days of the request, the requesting party shall be promptly advised, and, if the requesting party still desires the information or records; a reasonable and diligent search shall continue. (d) If a request is deemed non -routine or large, written notification will be made to the requestor within five (5) working days with an estimate of production costs pursuant to KMC 10.40.060(c) and Regulation 1, Fees, Regulations Concerning Public Record Inspections. Attachment "A" Chapter 10.40, Release of Public Records Substitute Ordinance No. 2396-2009 Page 5 of 5 dm CITY OF KENAI 1. FEES 1.01 Copies. The fee for copying public records is as follows: The first [NINE] ten copies are free. [THERE SHALL BE A CHARGE OF $2.50, PLUS SALES TAX, FOR THE TENTH (10Ts) COPY.] There will be a charge of $.25, plus sales tax for each copy over ten. (10). Copies of audio recordings to CD are $25.00 plus sales tax for the first CD and $5.00 for each additional CD for each request. Cassette tape recording copies are $25.00 plus sales tax for the first cassette tape and $5.00 for each additional cassette tape. 1.02 Certified Copies. The fee for a certified copy of a document will be the City's standard certification fee, plus the standard copying fee. At this time, the certification fee is ten dollars ($10.00) per document. Only the City Clerk or Deputy City Clerk will certify documents. 1.03 production Fee. If the production of records for one requestor in a calendar month exceeds five -person hours, the requester must pay a production fee. The production fee will be the city employee's actual salary, plus benefit costs, for the time required over five (5) hours during the month to search, review, and copy the records. If multiple city employees compile the requested records, a composite hourly rate for all employees involved will be determined and a credit for five (5) hours at that rate will be applied. [THE TIME FOR REVIEW INCLUDES THE TIME SPENT TO EXAMINE THE RECORDS FOR THE PURPOSES OF DETERMINING WHETHER THE DOCUMENT IS RESPONSIVE TO THE REQUEST AND WHETHER THE DOCUMENT WILL BE DISCLOSED OR WHETHER IT MUST BE WITHHELD BASED ON PRIVILEGE, EXEMPTION, OR OTHER EXCEPTION.] The production fee will be in addition to the standard copying fee. Example of composite rate calculation is: Em to ee A 15 hours (7 $50 hour = $ 750.00 Employee B 1 4 hours $75 hour _ $ 300.00 Employee C 2 hours i $35 hour = $ 70.00 Totals 21 hours $1,120.00 $1,120 _ 21 (total hours) = $53.33 (composite rate) $1,120 — ($53.33 x 5 free hours) = $ 853.35 to be paid by FOIA Requestor 1.04 Estimate and Advance payment. If a production fee is required or anticipated under the preceding paragraph, the city staff will prepare an estimate of the production fee and copying fee that are expected to result from producing the Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 1 of 6 -20- requested records. The requestor must deposit the estimated production and copying fees in advance of the search. if the actual production and copying fees are less than the estimate, the requestor will be given a refund of the difference. If the actual production and copying fees are greater than the estimate, the records will not be released to the requestor until the requestor pays the difference. 1.05 Inspection Only. There will be no fee for simple inspection of records, except when the production of the records for inspection by one requestor in a calendar month exceeds five person -hours. In that case, the requestor will be required to pay the production fee as described in the preceding paragraphs. 1.06 Indigency. If a person is unable to pay a fee, and signs an affidavit to the effect that he or she is indigent, then the City Clerk will waive the copying fee and production fee, except when the City Clerk, based upon reliable information, determines the affidavit of indigency is made in bad faith or fraudulently. Annual income as a Percent of current health And human services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1 - 100% 100% Waiver 101 - 149% 75% Waiver 150-174% 50% Waiver 175-199% 25% Waiver 200% plus No Waiver An application for indigency may be filed with the City Clerk for waiving or partially waiving the costs of record reproduction. The City Clerk may allow an applicant, who qualifies as an indigent, a reduced record reproduction fee, a payment plan or a waiver of the filing fee where the City Clerk is able to make a written finding, based on information provided by the applicant that payment of the record reproduction fee would be a financial hardship. Based upon the information provided, the fee may be reduced or waived in accordance with the above scale. As required by AS 40.25,110, anv fee waiver or reduction must be uniformly applied to persons who are similarly situated REQUIREMENTS2. r • "D REQUESTS -- APPROVALSAND DENIALS. 2.01 City Clerk Approval. According to Kenai Municipal Code, Section 10.40, all requests for public information or records are to be approved by the City Clerk, after consultation with the City Manager and City Attorney. (See Regulation 5.01) The City Clerk, or the Clerk's designee, will, consistent with the orderly conduct of city business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records. Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 2 of 6 -21- 2.02 Routine Requests. Routine requests for inspection or copying of records may be approved (but not denied) and responded to by the City Clerk, Deputy City Clerk, or the Department Head of the department in which the records are located. They may act as the City Clerk's designee for the approval of routine requests. For purposes of these regulations, a routine request is a request for records that are clearly to be made available to the public, and which can be responded to quickly without a substantial amount of effort or time by the city staff. Routine requests may be submitted orally or in writing. 2.03 Non -Routine Requests. Non -routine requests for inspection or copying of records must be made in writing and referred to the City Clerk for approval or disapproval. Non -routine requests include, but are not limited to, requests for records that are or might be exempt from disclosure, requests that will or might be denied for any reason, requests that will take more than one person -hour of staff time to respond, and requests from a person involved in litigation with the City. [2.04 LITIGATION DISCLOSURE REQUESTS. A PERSON "INVOLVED IN LITIGATION" MEANS A PARTY TO A LAWSUIT INVOLVING THE CITY, A PERSON REPRESENTING A PARTY IN A LAWSUIT, OR A PERSON REQUESTING RECORDS ON BEHALF OF A PARTY TO A LAWSUIT. IF THE CITY CLERK, BASED ON RELIABLE INFORMATION, AFTER CONSULTATION WITH THE CITY ATTORNEY, DETERMINES THAT A REQUEST FOR INSPECTION OR COPYING IS BEING MADE BY OR ON BEHALF OF A PERSON INVOLVED IN LITIGATION, THE CITY CLERK, MAY DENY THE REQUEST AND REQUIRE THE REQUEST BE PROCESSED IN ACCORDANCE WITH APPLICABLE COURT RULES UNDER KENAI CITY CODE, SECTION 1.0.40.055.1 2.0[514 Aggregation of Certain Requests. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines one or more individuals have made one or more requests for public records on behalf of another person or group for the purpose of dividing a request into smaller parts to avoid the payment of a production fee (for production of records requiring more than five person -hours of staff time per month), the CitT Clerk will aggregate all such requests and treat them as one request made by person. 2.0[615 Sad Faith Affidavit of Indigeney. If the City Clerk, based on reliable information, after consultation with the City Attorney, determines a person has made an affidavit of indigency in bad faith or fraudulently for the purpose of avoiding payment of production, copying, or other fees, the City Clerk will deny the waiver of the fees. 2.0E716 Harassment Request. If the City Clerk, in good faith, after consultation with the City Attorney, reasonably determines a request for copies or Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 3 of 6 -22- inspection of records is not made in good faith, and is made for the purpose of harassment of the City or city officials, or to purposely interfere with the orderly conduct of city business, the City Clerk will deny the request. Such a determination will be made only after notice and an opportunity for the requestor to be heard by the City Clerk. 2.0[8]7 Description of Records Requested. A requestor must describe the records sought in sufficient detail to enable the City to locate and identify the records sought. If the records are described by the requestor in general terms, the city staff shall attempt to communicate with the requestor to identify the records requested and lessen the administrative burden of processing an overly broad request. If the request is not sufficient to allow the staff to identify the requested records, the requestor shall be notified promptly by the City [COUNCIL] Clerk, the request cannot be approved or processed until a sufficient description of the record is received. [2.09 DELIBERATIVE PROCESS RECORDS. THERE IS A RECOGNIZED NEED TO ENCOURAGE OPEN, FRANK DISCUSSIONS AMONG GOVERNMENT OFFICIALS ABOUT PROPOSED OR CONTEMPLATED GOVERNMENTAL ACTION. DISCLOSURE OF OFFICIAL DELIBERATIONS WILL INHIBIT THOSE DISCUSSIONS, INVADE THE MENTAL PROCESSES OF GOVERNMENT OFFICIALS, AND ADVERSELY AFFECT THE QUALITY OF ADMINISTRATIVE DECISION MAKING. RECORDS CONTAINING DELIBERATIVE PROCESS INFORMATION ARE CONFIDENTIAL AND NEED NOT BE DISCLOSED. ACCORDINGLY, REQUESTS FOR INTERNAL, PRE - DECISIONAL RECORDS THAT ARE DELIBERATIVE IN NATURE, WILL BE DENIED UNLESS THE CITY CLERK, AFTER CONSULTATION WITH THE CITY ATTORNEY, DETERMINES THE REQUESTOR HAS ESTABLISHED, ON BALANCE, THE INTEREST OF THE PUBLIC IN HAVING ACCESS TO THE RECORD OUTWEIGHS THE INTEREST OF THE PUBLIC IN HAVING CITY BUSINESS CARRIED ON EFFICIENTLY AND WITHOUT UNREASONABLE INTERFERENCE.] 3.01 Routine Requests. A routine request for records will be responded to promptly at the office where the records are kept, or another city office if more convenient to the City, during business hours at a time that does not interfere with the orderly conduct of city business. If the records cannot be produced within five (S) working days, the requestor will be advised. 3.02 Non -routine Requests. Records in response to an approved non -routine request will be made available for inspection or copying at City Hall, under the direction of the City Clerk or the City Clerk's designee. For the convenience of the City, the City Clerk may designate an inspection location elsewhere in the City. The time for inspection will be during business hours. The City Clerk will advise the Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 4 of 6 -23- requestor of the specific time and date on which the inspection may occur. If, and to the extent necessary to maintain the orderly conduct of city business, the City Clerk may limit the days and hours when inspection and copying of public records may occur. 3.03 Large Requests. If a request is made for inspection or copying of a large volume of public records, the City Clerk, after consultation with the City Attorney, may require the requestor to make a written designation of the order in which the requestor wants the records produced. When such order is designated by the requestor, the City will attempt to produce the records in that order. Requests for inspection or copying of a large volume of public records, or requests that will require the City to search or review a large volume of public records, will be responded as city staff time permits. The orderly conduct of city business will not be interrupted to make fast response to such a request. It is reasonable the maker of such a large request should expect an extended time for response. The City Clerk will advise the requestor of the estimated time in which the response will be made. 4.01 Form of Records. The records of the City will normally be made available for inspection or copying in the format in which the City maintains or disseminates the records. Exact reproduction is not required, but any alteration of the form or medium of public records must not change the substantive content of the information, and if the actual content is changed, the nature of the change and the reason for the change will be communicated to the requestor. 4.02 Summarization or Manipulation of Records. The City is not required to compile or summarize its records in response to a request for information. The City is not required to manipulate its data to create new records in response to a request for information. 4.03 Partially Disclosable Records. If public records contain information that is disclosable in part and non-disclosable in part, the non-disclosable information shall be removed prior to disclosure: 5.01 Written Response. If the City Clerk, after consultation with the City Attorney_and City Manager, makes an adverse determination, in whole or in part, to a written public records request, the City Clerk will provide a written response setting forth the adverse determination. It will include a description of the records requested, a description of the records that will not be provided, and the reasons for the adverse determination, including reference to provisions of law or regulations, facts, and other Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 5 of 6 -24- information relied upon. The City Clerk's written response will also include a notice the requestor has a right to appeal to the City Council. 5.02 Response to Oral Requests. Oral requests may be accepted for a routine request. Oral requests for records will not be accepted for a non -routine request or receive a written response from the City Clerk unless the requestor is unable to make a written request because of inability to write or because of mental or physical disability. In that case, the City staff will assist the requestor in making a request that will be responded to and treated as a written request for all purposes under these regulations. 5.03 When No Response is Deemed Denial. If the requestor receives no response to a written request for records within five (5) working days of making that request, the requestor may file with the City Clerk a written demand for a written response. If the City Clerk does not give a written response to that demand within three (3) working days of the City Clerk's receipt of the demand, the request for records will be deemed denied. 5.04 Appeal to City Council. A denial, in whole or in part, a deemed denial, or any adverse written determination by the City Clerk in response to a written request for public records may be appealed by the requestor to the City Council [UNDER CITY OF KENAI MUNICIPAL CODE, SECTION 14.20.2901 An appeal must be filed in writing at the Office of the City Clerk within thirty (301 days of the date the decision was mailed to the requestor. The Citv Council will hear the appeal and issue a written decision within thirtv f3) days of the date the appeal was filed at the Office of the City Clerk. There shall be no filing fee for the appeal to the City Council. 5.05 Appeal to Superior Court. A final decision of the City Council on an appeal from a decision of the City Clerk may be further appealed to the Superior Court. Such an appeal must be made under the court rules of procedure governing appeals to the Superior Court. Approved by Ordinance No, 2396-2009. DATED: This 19tr, day of August, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Attachment "B" Regulations Concerning Public Record Inspections Substitute Ordinance No. 2396-2009 Page 6 of 6 -25- REQUEST IDENTIFICATION NO. (Year) (Sequence) PUBLIC RECORDS RE iIE cn-y of KENAI office of the City Clerk 210 Fidalgo Avenue Kenai, Alaska 99611 cfreas cl.kenai.ak.us Phone: (907) 283-7535, ext 231 Fax: (907) 283-5068 Date: Name: Address: City: ( State: Zip: Email Address: I hereby request the following documents (be specific, i.e. dates, location(s), names of re ort s etc. -- attach additional page if necessary); (X or 1/} I acknowledge and agree to pay the following charges for the documents requested: Copies = Up to ten pages are free. There shall be a charge of twenty-five cents ($.25), plus sales tax for each additional page. Copies of audio records to CD are $25.00 plus sales tax for the first CO and $5.00 for each additional CD for each request Cassette tape recording copies are $25.00 plus sales tax for the first cassette tape and $5.00 for each additional cassette tape. I understand research is limited and will be charged per requestor in a calendar month exceeding five -person hours, i.e. the fee is the City employee'sectuai-salary. plus .benefit costs.. An estimate will. be. prepared. and the. requestor must deposit the estimated production and copying fees in advance. If the actual costs are greater than the estimate, the records will not be released until the difference is paid and if the actual costs are less, the requestor will receive a refund of the difference. No fee for simple inspection, except when the production of records by one requestor exceeds five person hours in a calendar month ursuant to AS 40.25.110(c). !' • REQUEST ID NO, Staff Member Research Time Date minutes Request received Request reviewed Recordslocated Fee calculated Re uestor notified Documents provided Amount -26- I�1C�r��nti /i1 o ` kt r f w t 1-4 1 Ui f3C e'� �'. C l �' � � C!! �,,z t � J%1 G'i �9 e '�'%l-C �ta.f2s f� ��✓t.�- yvf c. c� i��xt c61� S d r7 64 r f % E j- c7 f G f,r'c. c T t✓ j ,/C G.. Cl ..f j. �Y 6t. c...� C / f_jk �(.G!'/%Z `J-- I ,,,> r Ac ti C_(e lc e� c r r IL -7-h ry40 e �s s fv �1 1 Lc c jii (cN7s f�`'`CC-sS lD e M�l;�y �f1 KENALAAALLASKA CITE' OF KENAI IAV * FZ�arbdilils 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: 21.05.095 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, firm 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 solelv 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] -27- 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. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: September 19, 2009 (DELETED TEXT BRACKETED} ma r Suggested by: Administration fjIC G['l Of CITY OF KENAI * 1 7 i 4 S _# _ $ I.,J 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 nnLT 4RS ($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, Entemrise Funds and Internal Service Funds without approval by the City Council. The City CIerk 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 Text Underlined; !DELETED TEXT M 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 KENAI, ALASKA, this 19th day of August, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: September 19, 2009 New Text Underlined; (DELETED TEXT BRACKETED) -30- << CITY OF KENAI Suggested by: Administration KENALASKA ORDINANCE NO. 2429-2009 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 $6,350 Increase Appropriations: Library - Books $6,350 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19tr day of August, 2009. ATTEST: Carol L. Freas, City Clerk_ Approved by Finance: PAT PORTER, MAYOR Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: August 19, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -31- "V°llaye rvN a Past, C y witk a Fay are" ,. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 a. Telephone: 907-283-7535lFAX: 907-283-3014 1992 t�lELt�Of KENAI, ALASKA TO: Rick Koch, City Manager FROM: Mary Jo Joiner 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. -32- Suggested by: Administration «e"f CITY OF KENAI KENAELASKA ORDINANCE NO. 2430-2009 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 $5,907 Increase Appropriations: Library — Professional Services $5,907 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2009. ATTEST: Carol L. Freas, City Clerk Approved by Finance: _ PAT PORTER, MAYOR Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: August 19, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -33- "Village wick a Past, C# wit% a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 "Gtl, Telephone: 907-283-7535 /FAX: 907-283-3014 1111[i - 7992 Mece�yof KENAEV SKA TO: Rick Koch, City Manager FROM: Mary Jo Joiner � SUBJECT: Customers 1st for the 21$Y century 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. -34- ens«,tyf// KENAI, ALASKA Suggested by: Administration. r-1 s, tr• 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: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $60,000 Increase Appropriations Transfer to Capital Projects Fund $60,000 Runwav Improvement Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund $60,000 Increase Appropriations Engineering $60,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19", day of August 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 5, 2009 Approved by Finance: Adopted: August 19, 2009 Effective: August 19, 2009 -35- EN , To; Rick R. Koch - City Manager From: MaryBondurant—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 2ntl 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 'rf 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 www.d.kenai.ak.us. -36- WINCE CORTHELL—BR'YSON Consulting Engineers Box 1041 Kenai, Alaska99611 Phone 907-283-4672 Fax 907-283-4676 E-Mail cmaddcnfia�webxSaska.< City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 June 18, 2009 Attention: Mary Bondurant, Airport Manager Subject: Proposal for Float Plane Basin Supplemental Environmental Assessment Enclosed is our scope of work and budget estimate for preparing the environmental documentation for the Float Plane Basin area projects at the Kenai Municipal Airport. Based on discussions with the FAA, a Supplemental Environmental Assessment will be required for the proposed development projects, subject to future considerations. A. SCOPE OF WORK— SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT (AIRPORT IMPROVEMENT PROJECTS) Prepare a description of the Purpose and Need for the following projects: • Convert a portion of Float Plane Road to paved Taxiway V. • Construct paved Taxiway S and aportion of paved Taxiway U from the south end of Runway I L-1'9R to connect to Taxiway V. • Develop future lease lots and water taxi lanes adjacent to the float plane water taxiway. • Reconstruct Taxiway E west of Runway 1 L-I9R • Construct Taxiway and develop future lease lots on the west side of Taxiway T. • Construct airport service road alongside Taxiway V • Realign the 4`I' Avenue access into the Airport and isolate the City water tank. • Improve a portion of Float Plane Road north of 4ih Avenue. • Install electrical, telephone, natural gas, water and sewer lines with 4a' Avenue improvementsandalong Taxiway V: While the above project areas develop only the near term development area we propose to complete the Phase t Environmental Due Diligence Audit and the Cultural Resources Survey for the area west of Taxiway V, into the long term development area, while on site for use at a later time. 2. Prepare a Supplemental Environmental Assessment to comply with the National Environmental Policy Act (NEPA). The assessment will revisit and address all of the impact categories in FAA Order 1050.1 E, Environmental Impacts: Policies and Philip W. Bryson PE Alan N. Corthell PE Frank W. !Vince PE (Ret.) Mark E. Blonning PE E. Casey Madden PE Procedures and FAA Order 5050.413 National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions. 3. Conduct research and field surveys for historical, archaeological and cultural resources and Phase I Environmental Due Diligence Audit (EDDA) in order to complete the Supplemental Environmental Assessment. Technical reports will be prepared on the surveys and included as Appendices to the Supplemental Environmental Assessment. Field surveys for wetlands, biotic communities and threatened and endangered species have previously been conducted. Existing and future noise levels will be evaluated as well. 4. Include existing project area base map (attached) and prepare schematic designs to establish approximate project footprints, quantities, and cost estimates. 5. Prepare Coastal Project Questionnaire and Certification Statement. No permits are anticipated to be required at this time 6. A scoping document, in the form of a report proposal, will be prepared for distribution to the agencies and other interested parties early in the process. The scoping document will be prepared for City and FAA review and concurrence on the requirement for a Supplemental Environmental Assessment before being sent out to the agencies. The scoping document will be finalized and distributed to the reviewing agencies. It is expected that additional coordination and circulation of the 2006 Environmental Assessment may be required to refresh Resource Agency staff knowledge of past Environmental documentation. Prepare and distribute a Draft Supplemental Environmental Assessment to the reviewing agencies and other interested parties. Prepare a Final Supplemental Environmental Assessment responding to comments received on the draft document. 8. Considering the Agency comments received during the last Environmental Assessment together with the proximity of the new development to adjacent private property we are assuming that at least one public hearing may be requested. B. BUDGET ESTIMATE -- SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT (AIRPORT IMPROVEMENT PROJECTS) At this time it is not possible to identify the complete extent of the work that will need to be accomplished until after the field surveys are completed and the projects are reviewed by the City, FAA and the reviewing Agencies. Therefore, we are proposing a not -to - exceed budget of $60,000.00 be used for this work. If it is determined later by FAA that additional environmental analysis is required, due to field survey findings and analysis, then the scope of work and budget may need to be amended. Philip W. Bryson PE Alan N. Cortkell PE Frank W. wince PE lRet:J Mark E. Manning PE E. Casey Madden PE C. PROJECT SCHEDULE We can begin work on the project immediately upon receiving a Notice To Proceed. Agency / Public Scoping and Field work should be completed within a couple months and a Draft Supplemental Environmental Assessment ready for review about a month after receiving Field Survey reports and Agency/Public comments. Following a month review period the final Supplemental Environmental Assessment should be ready for approval within the following month, or about four months after the Notice To Proceed. We have assumed that both the near and long term development areas would be surveyed by the Archeologist and Phase I EDDA consultants. We have also assumed that only the near term development would be considered in this Environmental Documentation due to the three to five year limitation on FAA approval to carry projects forward. We are also assuming that no culturalresources or environmental issues will arise or that Agency's will raise concerns that will require addressing, during that scoping process. Should you have any questions concerning this proposal please do not hesitate to contact us at your earliest convenience. Sincerely Casey Ma den, P.E. Attachments Project Base Map Philip. W. Bryson PE Alan N. Corthell PE Frank W. Wince PE (ReL) Mark E. Blanning.PE E. Casey Madden PE M f t o t MAGNETIC DECLINATION 1$`24'E(2010} - "_— `. .•/ �'� i .n .-.-o- ,r �L '�`'��__- : GRAPHIC SCALE€� /•+. ''" _ t s a frr I� rA4 tt _- x.+ ALONG.: TERM I6EVELOPMENT "A � _ c NEAR TERM DEVELOPMENT ' FLOAT PANE RD, "' •j c ,' � fl m-' em. L FLOAT j �,• WATER TAXIWAY FUTURE WATER TAXILANE . y ,,,JWWWtNVvtn. _... _: . .. RQFA I 3A. -----PtOArPtAJC —"''--- 1vn e v4 , TANK m: Tnv..___ f25A—_ --- ._ YV71I F�RULLWBY—.._„ ... j, EXIST. RNY 1W -- - ROFA. RIW PROTECTION ZONE P ^s° LOMIZER0 CR1TiCAL STA 98 TA &5. --AREA-- 4P5 X --- _- RDFA o T � _ ___--., -__ ZI _SA _ TAD0+35B7 t. 5.^ —VLGTS TACL -� __® 'a ` 1 u ® "°` '•'- __ TS7.Z`E GRIONORTH-N31"D?'1T'E TRUE NORTH ®. _ G Y575 160' s _ 'Las _- ROFA TbFA S . i .__ �' _"�.• VANCE-CORI'HELLERYSON ` rX" MUNICIPAL AIRPORT 7 ' '�� _ _,! mwm+. v. vc wnr,ma mr®.�e.o FLOAT PLANE BASIN RL � — wp : vy ve waca¢�nrrvre wre wxaae KENAI, AtAStlA ? Suggested by: Administration Chi TT&WAMii 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 $8,238 for the purchase and delivery of 200 new dining room chairs; and, 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 $11,690 Senior Citizen Title III Grant Fund - Misc. Donations 8.238 $19,928 Increase Appropriations: Senior Citizen Title III Grant Fund - Machinery & Equipment $19 92$ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: 41-14 Introduced: August 5, 2009 Adopted: August 19, 2009 Effective: August 19, 2009 New Text Underlined; [DELETED TEXT -37- Helping People Age Lvith Dignity 4 TO: hick knoh, City Manager Terry,.lruieank, Finance Director p FROM: Rachael Craig, Senior Center Director / DATE: .beady 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-Trite, Inc. from North Orem, UT. The cost for 200 chairs is as follows: 200 Comfort Series 400 Chair C $88.45 each $b 7,690.00 Shipping and Handling $ 2,237.91 Total $19,927.01 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: ® We provide an ordinance to appropriate the grant in the amount of $11,690.00. ® On July 24, Kenai 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. 361 SENIOR COURT $216ENAI, ALASKA 99611 TELEPHONE: (907) 283-4156 ® FAx: (90'Fi $3-3200 . E-MAIL: senior@ci.kenai.ak.us 'A, tiCy of KENAALASKA y �t Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE SOUTH AMES ROAD LID STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT. WHEREAS, a final assessment roll has been filed with the City Clerk on the South Ames Road LID Street Improvement Special. Assessment District; and, WHEREAS, KMC 16.10.090 requires the City Council to fix the hearing date. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the regular council meeting of September 16, 2009, to be held in the Kenai Council Chambers, be set as the time and place for a public hearing on the South Ames Road LID Street Improvement Special Assessment District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2009, ATTEST: Carol L. Freas, City Clerk -39- PAT PORTER, MAYOR Suggested by: Administration Evcc,ryof CITY OF KENAI KENASKA RESOLUTION NO. 2009-53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO BRENNTAG PACIFIC, INC. FOR MISCELLANEOUS CHEMICALS - AUGUST 2009. WHEREAS, the following bids were received on August 6, 2009: Chemical Brenntag Unit Pack, Inc. Univar USA, Inc. Sodium Bisulfite 55- al. drum $294.00 $330.00 Sodium Hypochlorite 55- al. drum $202.50 $220.00 Standard Hydrated Lime 50-lb. b $33.00 $27.00 WHEREAS, Brenntag Pacific, Inc.'s bid meets the bid specifications; and, WHEREAS, the term of this contract is August 20, 2009 to June 30, 2010 with two one-year mutual options to extend; and, WHEREAS, estimated annual expenditures under this contracted are expected to be $74,907; and, WHEREAS, the recommendation from the City Administration is to award the bid to Brenntag Pacific, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Brenntag Pacific, Ine.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Miscellaneous Chemicals - August 2009 be awarded to Brenntag Pacific, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: _ "'Villaye wi ld a past; Ci with aFuture' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 t `. Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 1992 tke-'�Yvf// MEMOPANDUM KENAL A[ASKA V TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: August 7, 2008 SUBJECT: MISCELLANEOUS CHEMICALS BID —FURNISH AND DELIVER - AUGUST 2009 Rick, The City opened two sealed bids at 2PM 6 August 2009 regarding the subject bid. This bid is to furnish and deliver Sodium Bisulfate 38% to 40%, Sodium Hypochlorite 12.5%, and Standard Hydrated Lime to our Wastewater Treatment Plant and Water & Sewer Department. The estimated annual usage of the chemicals was provided in the bid documents. The two sealed bids were: Sodium Hypochlorite 12.5% Sodium Bisulfate 38%-40% Standard Hydrated Lime Brenntag Pacific $202.50/drum $294.00/drum $33.00/50lbs. Univar USA $220.00/drum $330.00/drum $27.00/50 lbs. I recommend that Brenntag Pacific be awarded the contract as a result of this bid. Please let me know if you have any questions. Im r� Suggested by: Administration the yof CITY OF KENAI KEN SKR RESOLUTION NO. 2009-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO TRI CITY'S CONSTRUCTION, INC. FOR CONCRETE REPAIRS - 2009 FOR THE TOTAL AMOUNT OF $46,936,00. WHEREAS, the following bids were received on August 11, 2009: BIDDER TOTAL JD Contractor's $65,969.00 Denny's Construction $49,046.00 Tri City's Construction $46,936.00 �� WHEREAS, Tri City's Construction, Inc. bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Tri City's Construction, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Tri City's Construction, Inc. bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Concrete Repairs - 2009 be awarded to Tri City's Construction, Inc. for the total amount of $46,936.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined; [DELETED TEXT BRACKETED] -42- N CITY OF KENAI Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND, BUILDINGS, AND NON - DEPARTMENTAL DEPARTMENTS FOR A CITYWIDE INFORMATION TECHNOLOGY SYSTEM STUDY. WHEREAS, $25,000 was appropriated to link the three building of City Square via fiber optic cable for information technology (IT) networking purposes; and, WHEREAS, prior to the expending funds on the fiber optic or any IT project, the administration believes a full system review should be performed to identify and prioritize system needs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: General Fund - Buildings Repair and Maintenance To: General Fund - Non -Departmental Professional Services $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: 4 New Text Underlined; DELETED TEXT BRACKETED1 Im P Y�i3�' Ip \� tkeuynf f/ KENAI� KA To: Rick Koch, City Manager "Village wit% a Past, C y with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 7.f From: Terry Eubank, Finance Director Date: August 13, 2009 Re: Resolution 2009-55 Information Technology (IT) Study During the FY2010 budget process $25,000 was requested and appropriated to install a fiber optic cable linking the City's central campus (City Hall, Public Safety, and the Library). I still believe this project is viable but believe a comprehensive review of the City's IT infrastructure and operations would be more valuable and provide clearer direction for future maintenance, upgrades, and expansion. The City's IT needs have grown and continue to grow. Currently the City operates twelve servers, one hundred three personal computers, sixty-six printers, three wireless access points, and twelve mission critical applications. Security and efficiency of the network is of greatest concerti and a comprehensive study will provide the basis for future IT expenditures and priorities. Should the fiber optic link be proven to be a priority additional funds may be requested prior to the spring construction season to complete the project or it may appear as a budget request for FY2011. MA Suggested by: Council CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE ADMINISTRATION TO ENTER INTO A GRANT AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE KENAI PENINSULA FOR FISCAL YEAR 2010 FUNDING OF THE KENAI CLUBHOUSE IN THE AMOUNT OF $45,000, WHEREAS, $45,000 was appropriated in the FY2010 budget to provide a grant to the Boys and Girls CIub of the Kenai Peninsula to replace federal funding lost for the operations of the Kenai Clubhouse; and, WHEREAS, during the budget process the council indicated it would provide direction to the administration prior to actual award of any grant; and, WHEREAS, such direction is being given and will include issuance of a $45,000 grant with the following requirements of the grantee: 1. Quarterly and Annual Reports including the following: a) Financial Performance of the Boys and Girls Club of the Kenai Peninsula. b) Number of youth served by the Kenai Clubhouse by residence: i. City of Kenai Residents ii. Residents outside the City of Kenai 2. Grant disbursements request will be made and paid quarterly following receipt of quarterly reports. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to award and administer a grant in the amount of $45,000 to the Boys and Girls Club of the Kenai Peninsula for operations of the Kenai Clubhouse for the period of July 1, 2009 through June 30, 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 191h day of August, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: %- - New Text Underlined; [DELETED TEXT BRACKETED1 En I:T000I1T.1 KENAI CITY COUNCIL - REGULAR MEETING AUGUST 5, 2009 7:00 P.M. K.ENAI CITY COUNCIL CHAMBERS htto: / /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4, Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 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 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. in • 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. Resolution No. 2009-49 -- 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 E: MINUTES 1. *Regular Meeting of July 15, 2009. ITEM O: NEW BUSINESS Ratification of Bills 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: I) 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 ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. EN 5. *Ordinance No. 2429-2009 -- Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. 6. *Ordinance No. 2430-2009 -- Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant. 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. 9. Discussion -- Donation/Boys &, Girls Club of the Kenai Peninsula. 10. Discussion -- Position Creation/Capital Projects Manager ITEM H: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Mini -Grant Steering Committee d. Advisory Cemetery Committee e. Kenai Convention & Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils ITEM I: ITEM 3: 1. 2. 3. ITEM K: I. 2. ITEM L- 1*114:";WZNd U99R91•'' City Manager Attorney City Clerk Citizens (five minutes) Council PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR I) to Limited Commercial (LC). Ordinance No. 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. 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.) -- Personnel Matter ITEM M: KENAI CITY COUNCIL - REGULAR MEETING AUGUST 5, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS littp://www.ci.kenai-ak.us ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Pat Porter, Mayor Hal Smalley ; Joe Moore Barry Eldridge j Rick Ross, Vice Mayor Robert Molloy Absent was: Mike Boyle A quorum was present. Also present: Student Representative Maya Johnson A-3. AGENDA APPROVAL The following changes were requested: 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. MOTION: Council Member Smalley MOVED for approval of the agenda with the requested changes and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA -50- KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 2 Council Member Smalley MOVED to approve the consent agenda as submitted and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Scott Anderson, 2855 Watergate Way, Kenai -- Commented on wind generation and placement of turbines within the city. Mike Navarre, 37397 Cetacea Way, Kenai -- Reported on the proposed Central Peninsula Multi -Use Facility, noting the planning committee requested the Assembly to table the ordinances in order to develop more support before bringing the issue to the voters. The ordinance was tabled by the Assembly. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D-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.) D-a. 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. MOTION TO AMEND: Council Member Smalley y MOVED to amend Ordinance No. 2398-2009 by substituting with Ordinance No. 2398-2009, the substitute. Council Member Eldridge SECONDED the motion. kfm *Student Representative Johnson: Yes Bo ie Absent Porter ' Yes SmalleyYes Moore Yes Eldridge Yes Ross Yes Molloy Yes I -51- KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 3 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. *Student Representative Johnson: Yes Boyle Absent Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes i Molloy Yes�i MOTION PASSED UNANIMOUSLY. D-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. Council Member Eldridge MOVED for adoption of Ordinance No. 2424-2009 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Boyle Absent Porter Yes I Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes i D-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. -52- KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 4 MOTION: Council Member Moll.ov MOVED to enact Ordinance No. 2425-2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public healing was closed. Appreciation was expressed to administration for the memorandum included in the packet, explaining the history of the development. VOTE: *Student Representative Johnson: Yes Boyle Absent Porter Yes Smalley Yes _ Moore Yes _� Eldridge Yes Ross Yes f Molloy � Yes MOTION PASSED UNANIMOUSLY. D-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. Council Member Smalley MOVED to adopt Ordinance No. 2426-2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes 1 Boyle Absent Porter Yes S alley Yes Moore Yes Eldridge Yes Ross Ye , s Molloy Yes -53- KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 5 D-5. Resolution No. 2009-46 -- Adopting Minimum Standard Requirements for Aeronautical Services for the Kenai Municipal Airport. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009-46 and requested UNANIMOUS CONSENT, Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D-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. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009-46 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. Administration explained there were some items belonging to the University and would be removed from the site as they were not part of the sale. VOTE: There were no objections. SO ORDERED. D-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. The resolution was moved and heard as the first public hearing. Mayor Porter read the resolution into the record. MOTION: Council Member Smalley MOVED for approval of Resolution No. 2009-49 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. me KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 6 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D-S. Resolution No. 2009-49 -- In Memory of George A. Navarre and His Contributions and Commitments to the City of Kenai and Surrounding Community. The resolution was moved and heard as the second public hearing. Mayor Porter read the resolution into the record. Council Member Molloy MOVED for adoption of Resolution No. 2009-49 and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. There were no objections. SO ORDERED. Mayor Porter presented a copy of the resolution to Mike and Tim Navarre who were present. Tim Navarre thanked the council for the presentation on behalf of the family. Council Member/Assembly Member Smalley reported, at the August 4, 2009 Borough Assembly meeting, the Assembly renamed the borough building, the George A. Navarre Borough Administration Building in honor of Mr. Navarre's endeavors in advancing the building project. D-9. Resolution No. 2009-50 -- Adopting an Identity Theft Policy. Tarr r Council Member Eldridge MOVED for approval of Resolution No. 2009-46 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: -55- KENAI CITY COUNCIL MEETING AUGUST S, 2009 PAGE 7 There were no objections. SO ORDERED. D-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. MOTION. Council Member Eldridge MOVED for approval of Resolution No. 2009-46 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Administration explained, when a plan was developed for repairs to Meeks' Crossing, it would be brought back to council. VOTE: *Student Representative Johnson: Yes ITEM E: MINUTES E-1. *Regular Meeting of July 15, 2009 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: _ NEW BUSINESS G-1. Ratification of Bills Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. -56- KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 8 G-2. Approval of Purchase Orders Exceeding $15,000 ki NT R*3t Council Member Eldridge MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. G-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. Introduced with approval of the consent agenda G-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 ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. Introduced with approval of the consent agenda. G-5. Ordinance No. 2429-2009 -- increasing Estimated. Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. Introduced with approval of the consent agenda. G-6. Ordinanae.No. 2430-2009 -- Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant. Introduced with approval of the consent agenda. G-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. 1610 KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 9 Introduced with approval of the consent agenda. G-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. Introduced with approval of the consent agenda. G-9. Discussion -- Donation/Boys & Girls Club of the Kenai Peninsula, City Manager Koch reviewed his memorandum included in the packet, and noted, upon council's direction, he would bring a resolution back, to council to formally approve the donation. James Clark, 47714 Kenai Spur Highway, Kenai -- Clark introduced himself as the Interim Executive Director of the Boys &, Girls Club of the Kenai Peninsula. Clark stated he had reviewed the request for proposal but had not seen the memorandum or requirements which had been reviewed. Clark noted, the agreement/requirements would be specific to the Kenai Clubhouse and added, quarterly reporting, etc. would not be a problem. Council consensus was for a resolution to proceed with the donation brought forward for public hearing and council consideration. G-10. Discussion -- Position Creation/Capital Projects Manager Koch referred to his memorandum included in the packet in which he presented and discussed his recommendations to create a Capital Projects Manager position to be responsible for the management of all City capital projects; the person would report directly to the City Manager; and, it would be a full-time benefited position. In addition, the minimum requirements for the position would be a degree or eight years of project manager experience, if no degree; the position would have grant writing duties; and, the position would be put into effect in the current budget year. Council Member Eldridge MOVED for the City Manager to proceed with providing the ordinance to create a capital projects manager position. Council Member Ross SECONDED the motion. *Student Representative Johnson: Yes on KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 10 1 Ba le Absent Porter Yes SmalleyYes Moore Yes Eldridge Yes Ross Yes j Molloy Yes MOTIONr UNANIMOUSLY. ITEM H: COMMISSION/COMMITTEE REPORTS a-1. Council on Aging -- Council Member Ross reported the next meeting was scheduled for August 13, 2009. H-2. Airport Commission -- Council Member Eldridge reported the next meeting was scheduled for August 13, 2009. H-3. Harbor Commission -- Council Member Smalley reported the next meeting was scheduled for August 10, 2009. H-4. Library Commission -- Council Member Molloy reported on actions and discussions held at the August 4, 2009 meeting. H-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting was scheduled to be held on October 1, 2009. H-6. Planning & Zoning Commission -- Council Member Molloy reviewed the minutes of the July 22, 2009 commission meeting which were included in the packet. H-7. Miscellaneous Commissions and Committees H-7a. Beautification Committee -- Mayor Porter reported there was no quorum available for the July 14, 2009 meeting. H-7b. Alaska Municipal League Report -- Council Member Smalley reported the summer AML Legislative meeting would be held from August 12-14 in Palmer. H-7c. Mini -Grant Steering Committee -- No meeting. H-7d. Advisory Cemetery Committee -- Council Member Eldridge reported there was no quorum available for the July 20, 2009 meeting. H-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley reported on discussions and actions taken at the meeting for Council Member Boyle. H-7f. Reports of KPB Assembly, Legislators and Councils -- Assembly Member Smalley gave a brief report of actions taken at the August 4, 2009 Borough Assembly meeting. on KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 11 ITEM I: REPORT OF THE MAYOR -- Mayor Porter reported the following items; s She visited two new businesses, i.e. a beauty shop and tattoo parlor. a Stated concerns there had a number of commission/committee meetings meeting that have had no quorums in order to do business. • Noted commendation letters included in the packet for two of the Fire Department personnel. • Requested a donation be made to the Lu Young children's Fund in remembrance of Lu Young, wife of Congressman Don Young. Council stated no objections. ITEM J: ADMINISTRATION REPORTS J-1. City Manager -- City Manager Koch noted the following: r He agreed that a donation in remembrance of Lu Young was appropriate. s Had completed a municipal matching grant (wastewater) which would be forwarded at the beginning of the next week. • The old cabins from the Orthodox Church property were relocated to the new site. • A pavement cut would be made on Marathon Road to extend the water/sewer lines to the Walmart property on August 17, 2009, • When next meeting with the Governor, he would discuss recommended changes to the regulations to not allow cleaning of fish on the beach during the dip net fishery. ® The ribbon -cutting for the new soccer fields would take place on Friday, August 7, 2009 at 6:30 p.m. and the Alaska State Cup Soccer Tournament would begin on Monday. s A resolution would be introduced at the Assembly in support of the City's bluff erosion project. He had also discussed with Borough Administration to allow the City to access the Borougb's hard rock quarries and remove rock at no cost. J-2. Attorney - No report. A brief discussion followed and it was noted, the new City Attorney, Krista Stearnes, would begin work on August 24 and his exit date would be August 31, 2009. Council scheduled an exit interview with City Attorney Graves for the August 19, 2009 council meeting. J-3. City Clerk --Clerk Freas reported the following items: • Referred to her memorandum included in the packet related to Ordinance No. 2347-2008, agenda preparation, etc. She noted, the Substitute A version of the ordinance, which had been amended and passed, was missing the paragraph. Freas requested direction from council whether to forward an ordinance for consideration to insert the missing paragraph. Council directed an ordinance be brought forward. un KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 12 • Referred to her memorandum included in the packet related to whether council wished to have a ballot summary or pro/con statement included in the Borough's voter pamphlet. Council agreed there would be no pro/con statement to include in the voter pamphlet and a draft of the ballot summary should be brought to council for review and consideration at the August 19, 2009 council meeting. • Nominating petition packets were available through August 17, 2009. • The Division of Elections had received notice from the Department of Justice that the location of the Kenai Precinct No. 2 had been changed L-om the Old Courthouse to the Challenger Center of Alaska. It was noted, the summary statement should be unbiased, there would be no cost to the city to have the ballot summary in the pamphlet; and, there was the possibility the ballot summary could be used as a summary statement flyer. ITEM K: DISCUSSION K-1. Citizens (ogre minutes) Bob Peters, Old Town, Kenai -- Questioned why the applicant for placement on the Library Commission had not been approved. Mayor Porter stated she would be meeting with the applicant first prior to her making any recommendation for appointment. K-2. Council Molloy -- • Noted the letter included in the packet thanking the Kenai Fire Department EMT's for their assistance. • Noted the Library Commission celebrated Commissioner Graves' birthday at its Tuesday meeting. • Commended Council Student Representative Johnson for attending summer council meetings. Ross No comments: Johnson -- No comments. Eldridge -- Commented on the Walmart project, attaching outside paneling had begun. Moore -- Commented the upcoming soccer tournament would be a great accomplishment for the city. Smalley -- No comments. mo KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 13 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR I) to Limited Commercial (LC). Ordinance No. 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. 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 k1. 1.. *7 Council Member Ross MOVED to convene in an executive session of the Council of the City of Kenai, to discuss a personnel issue, which by law, municipal charter, or ordinance, was required to be confidential. Council Member Smalley SECONDED the motion. VOTE: Boyle Absent Porter Yes SmalleyYes Moore Yes Eldridge Yes Ross Yes � Molloy � Yes • ISN Council Member Ross reported the council met in executive session and discussed a cost of living increase (COLA) for the city manager and directed administration to prepare a COLA increase ordinance for the city manager, effective date of July 1, 2009. Im KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 14 Council Member Smalley reported council also discussed having future city manager contracts include verbiage to the effect that if a COLA increased is approved for employees, it would automatically include the city manager. City Attorney Graves stated he would bring an amendment forward to reflect that wording in the current city manager contract. ITEM M: There being no further business before the Council, the meeting adjourned at approximately 9:00 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. -63- IIAUGUST 19, 2009 KENAI COUNCIL 40 P.M. MAYOR•PRESIDING Council Present: Porter, Ross, Molloy, Eldridge, Smalley, and Moore Staff Present: City Clerk Freas, City Attorney Graves and City Manager Koch Council reviewed its packet of information which included Ordinance No. 2396-2009 as it had been amended at the May 20, 2009 council meeting. The following items were noted: Attachment "A" • 10A0.030 (page 1 of 5), third line -- change "guidelines regulating" to "regulations regarding. • 10.40.030, (page 1 of 5), fourth line -- change "Clerk" to "Council." • 10.40.030(a), (page 2 of 5), change the sentence to read, "Financial and operational cost information, including information as to revenues, expenditures, indebtedness, formal departmental recommendations in regard to project priority, and, after budget finalization, department budget requests;" • 10.40.040(b) (page 3 of 5), first line -- add s, to "performance evaluations," • 10.40.040(b) (page 3 of 5), second line, change "the' to "that." • 10.40.050(a) (page 4 of 5), change second sentence to read: "The fee shall not exceed the actual cost to produce the information requested." • 10.40.060(a), change fifth line to read: "...privileged, after consultation with the City Attorney, he/she shall prepare a slip setting forth the date" Attachment 'B" • 1.01, (page 1 of 6), first line, change "nine' to "ten." a - 1.03, (page 1 of 6), Example of Composite RateCalculationtable, change "$75.00" to "$70.00" in last column of Employee C. • 2.04, (page 3 of 6), remove paragraph entitled, "Litigation Disclosure Requests. • Renumber 2.05 to 2.04, etc, • 2.08, (page 4 of 6), seventh line, change "Council' to "Clerk." • 5.04, (page 6 of 6), rewrite -- should not follow KMC 14.20.290 appeal process and no charge of fee. Eel CITY COUNCIL WORK SESSION AUGUST 5, 2009 PAGE 2 Also discussed was the possibility of having a "fill in" form that could be emailed from the city website. Clerk Freas was requested to discuss the issue with the webmaster. The work session ended at approximately 5:55 p.m. Notes prepared and submitted by: Carol L. Freas, City Clerk M PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: AUGUST 1:9, 2009 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 80,58OA6 AETNA HEALTH INSURANCE VARIOUS HEALTH INSURANCE 73,170.77 PERS JULY PERS VARIOUS LIABILITY 156,965.51 O] VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect InL I I PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: AUGUST 19 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT KENDALL FORD OF WASILLA 2010 FORD F-350 TRUCK WATERISEWER MACHINERY&. EQUIPMENT 25,000.00 WINCE, CORTHELL, BRYSON FP BASIN SUPPL ENV. ASSESS. A/P IMPROVEMENTS ENGINEERING 60,000.00 BRENNTAG PACIFIC FY10 CHEMICALS WATER OPERATING SUPPLIES 20,000.00 BRENNTAG PACIFIC FY10 CHEMICALS WWTP OPERATING SUPPLIES 25,000.00 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT 90558 - COURTHOUSE PENINSULA CONSTRUCTION COURTHOUSE PARKING EXPANSION PARKING C/O #2 4,080.00 224,407.50 "'Village witha Past; Ci with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 >, t99` TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Directorx/ DATE: August 7, 2008 SUBJECT: WATER AND SEWER DEPARTMENT; PURCHASE OF 2010 FORD F-350 SUPERCAB X-31 CLASS 146, MODEL 4X4 TRUCK I recommend approval of the Water & Sewer Department's request to purchase the subject truck for departmental use. This truck will replace WS1 unit. The purchase of this truck was included in the FY2010 budget, equally divided between the Water Department ($12,500) and Sewer Account ($12,500) Machinery & Equipment Accounts (8064). The truck will be purchased under the State of Alaska Procurement Contract 1608045 at Kendall Ford in Anchorage for a price of $24,734.00, KMC 7.15.050(6) allows the City to purchase equipment under a contract of another governmental agency. Please let me know if you have any questions. :RJG-5-2009. 10,56 Pi"W TO,, 919072EM683WO dall Ford Price Qootatl*on Mftfft kqw.5, zwq 6110, Rtosk7 09654 4 (907) 37&5666 fvxa (907) 352-5629 >et Addrne$m r, sr zrp code LT AND CRUISE CONML GY�t',`7RP'ER FGCH M6517OR17 BUZ CUMEWATION PMS Y FEES S 1��M sw m �l 915/,46' iI- > Suggested by: Administration/Councilor Molloy CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC L 15.040 (AGENDA AND PACKET -DEVELOPMENT -PREPARATION - DISTRIBUTION -PUBLICATION -LATE MATERIALS) TO INCLUDE A SUBSECTION PROVIDING FOR THE CLERK'S PREPARATION OF THE AGENDA. WHEREAS, on July 1, 2009 the Council of the City of Kenai adopted Ordinance No, 2347-2008;and, WHEREAS, Ordinance No. 2347-2008 repealed and replaced KMC 1.15.040 and repealed KMC 1.15.050(c) regarding preparation of the agendas and packets for Kenai City Council meetings; and, WHEREAS, subsection (e) in the new KMC 1.15.040 regarding the City Clerk's preparation and distribution of the agenda was inadvertently omitted from Ordinance No. 2347-2008; and, WHEREAS, subsection (e) should be included in the new KMC 1,15.040. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 14.40.040 is hereby amended as shown on Attachment "A_" PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day September, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 19, 2009 Adopted: September 2, 2009 Effective: October 2, 2009 New Text Underlined; [DELETED TEXT BRACKETED] -70- Ordinance No. 2433-2009 Attachment "A" Page 1 of 2 KMC 1.15.040 (a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (e) A member of the public may request that a matter be placed on the agenda subject to policies and procedures adopted under paragraph 0). Being placed on the agenda on the "Persons Scheduled to Be Heard" portion of the agenda does not limit or restrict the requestor's ability to speak on a different subject for which 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 the policies and procedures adopted under paragraph 6) and such item shall be removed -from the agenda, unless the item has been carried over or postponed from a previous agenda. (e) The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subiect to paragraphs (a) through (d)A draft agenda shall be circulated to the Mayor and other council Members, and the City Manager. (f) Notice of the date, time, place and final agenda for each Council meeting shall be given to the public by publication in a newspaper of general circulation and by posting to the City's web site and to the official bulletin board at City Hall under policies and procedures adopted under paragraph (k). Additional public notice of meetings may be given by other means. [H] f gj 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. [(I)] (hl 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 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 New Text: Underlined; [DELETED TEXT BRACKETED] -71- Ordinance No. 2433-2009 Attachment "A" Page 2 of 2 paragraph (k). At least one paper copy of the meeting packet shall be made available to the public at the meeting. [(J)] (i) 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)J ) The administration will develop policies and procedures to implement this section, subject to review and approval of council. [(L)] (k) Failure to comply with the above policies and procedures will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. New Text Underlined; [DELETED TEXT BRACIiFTEDj -72- i 210 F[DALGO AVE., KENAI, ALASKA 99611-7794 '`• TELL -PRONE: 947.283-7535 FAX: 907-283-3014 TO: Kenai City Council FROM: 0. Cary R. Graves, City Attorney DATE: August 12, 2009 RR: Ordinance 2433-2009 On July 1, 2009, the Council passed Ordinance 2347-2008 regarding changing the way the agenda and packet are prepared and distributed, It repealed and replaced KMC 1.15.040 and repealed KMC 1.15.050(c). There were several versions including substitutes considered during the legislative process. The version adopted, Amended Substitute A, did not include subsection (e). It was inadvertently left out. We did not realize the omission until after passage of the ordinance. Subsection (e) reads: "The City Clerk shall prepare the agenda for each Council meeting, after consultation with the Mayor and City Manager subject to paragraphs (a) through (d). A draft agenda shall be circulated to the Mayor and other Council members, and the City Manager, before finalization." Although parts of Ordinance 2347-2008 were moderately controversial, subsection (e) was not. This ordinance merely includes the subsection (e) into KMC 1.15.040 as was intended. Please let me know if you have any questions. -73- Suggested by: Planning and Zoning Commission ioo CITY OF KENAI ,r : 6 1 7�� *i tfcL�Sd�7�ll AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.25 (LANDSCAPING/SITE PLAN REGULATIONS) BY AMENDING KMC 14.25.020 (APPLICATION) AND ENACTING A NEW SECTION KMC 14,25.025 (RETENTION BASINS) TO PROVIDE LANDSCAPING AND SITE PLAN REQUIREMENTS FOR THE DEVELOPMENT OF RETENTION BASINS. WHEREAS, Kenai Municipal Code 14.25 sets forth the landscaping requirements for certain types of development within the City of Kenai; and, WHEREAS, not all retention basins are included in the current landscaping and site plan requirements; and, WHEREAS, inclusion of retention basins within the City of Kenai requirements for landscape and site plans under KMC 14.25 would be beneficial to the aesthetic development of the City of Kenai; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to amend KMC 1.4.25.020 and enact a new section KMC 14.25.025 to include requirements for all retention basins to submit landscape and site plans. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new section Kenai Municipal Code 1.4.25.025 and amending Kenai Municipal Code 14.25,020 as shown on Exhibit "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of September, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 19, 2009 Adopted: September 2, 2009 Effective: October 2, 2009 New Text Underlined; [DELETED TEXT BRACKETED] in Exhibit "A" Ordinance No. 2434-2009 Page 1 of 1 14.25.020 Application. n. This chapter shall apply to all retention basins and, commercial, industrial and multifamily development within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial, industrial and multifamily development" and "all development" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage, and is: (1) located on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IH), Townsite Historic (TSH), Light Industrial (IL) and Education (ED) zoning districts; or (2) a multifamily development in any zone; or (3) a change of use as required in KMC 144.20.250(a). It is unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Properties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception: (1) structures identified as a commercial occupancy in Title 4 of the Kenai'Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a). 14.25.025 Retention. Basins ( I) Development of retention basins (retention ponds) in any zone requires submittal of a landscape site plan Applications must include the fallowing: ll Copies of the design prepared by an engineer licensed in the State of Alaska under AS 08,48, jb) Approval by the State of Alaska. Department of Environmental Conservation for the proiect. (c) The site around the retention basin must be adequately fenced in order to protect access and provide safetv. jd) The area around the fence must be landscaped to provide screening of the site The landscaping should include shrubs, bushes, trees and ground cover to -75- CITY OF KENAI PLANNING AND ZONING COMMV RESOLUTIONO. 09 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING THAT KMC 14.25 (LANDSCAPING/SITE PLAN REGULATIONS) KMC 14.25.020 (APPLICATION) BE AMENDED AND RECOMMENDING A NEW SECTION KMC 14.25.025 (RETENTION BASINS) TO PROVIDE LANDSCAPING AND SITE PLAN REQUIREMENTS FOR THE DEVELOPMENT OF RETENTION BASINS BE ENACTED. WHEREAS, Kenai Itnunicipal Code 14.25 sets forth the landscaping requirements for certain types of development within the City of Kenai; and, WHEREAS, not all retention basins are included in the current landscaping and site plan requirements; and, WHEREAS, inclusion of retention basins within the City of Kenai requirements for landscape and site plans under KMC 14.25 would be beneficial to the aesthetic development of the City of Kenai; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to amend KMC 14.25.020 and enact a new section KMC 14.25.025 to include requirements for all retention basins to submit landscape and site plans. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA, amend Kenai Code of Ordinances by adding a new section Kenai Municipal Code 14.25.025 and amending Kenai Municipal Code 14.25.020 as shown on Exhibit PASSED BY THE PLANNING AND ZONING COMMTSSI N OF HE CITY OF KENAI, ALASKA, this 12th day of Angus 2009. r , A CHAIRMAN ATTESTH 1 i I New text underlined [DELETED TEXT BRACKETED AND ALL CAPS] Mon Attachment "A" Resolution PZ09-39 Page 1 of 1 This chapter shall apply to all retention basins and commercial, industrial and multifamily development within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial, industrial and multifamily development" and "all development" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars (820,000.00) or more, which adds square footage, and is: (1) located on properties within the Central Commercial (CC), General Commercial (CG), Limited Commercial (CL), Heavy Industrial (IIi), Townsite Historic (TSH), Light Industrial (IL) and Education (ED) zoning districts; or (2) a multifamily development in any zone; or (3) a change of use as required in KMC 14.20.250(a). It is unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property requiring a landscape/site plan unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Properties zoned residential (except multifamily dwellings) are exempt from this chapter with the following exception: (1) structures identified as a commercial occupancy in Title 4 of the Kenai Municipal Code located in residential or mixed use zones requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000.00) or more, which adds square footage or a change of use as required in KMC 14.20.250(a). i 4.25.025 Retention Basins (1) Development of retention basins (retention ponds) in any zone requires submittal of a landscape site plan. Applications must include the followinE: (a) Conies of the design prepared by an engineer licensed in the Sta (b) Approval by the State of Alaska, Department of Environmental Conservation for the project. non-conforming and must comply with the requirements of this chapter within one year of the effective date of this ordinance. -77- ,`- Suggested by: Planning and Zoning Commission tbr, rt% f CITY OF KENAI KEUI,ALASKA ORDINANCE NO. 2435-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LAND USE TABLE IN KMC14.22.010 TO PROVIDE THAT TATTOO PARLORS AND MASSAGE THERAPISTS REQUIRE A CONDITIONAL USE PERMIT IN THE TOWNSITE HISTORIC ZONE (TSH). WHEREAS, currently personal services are a principal permitted use (P) in the TSH Zane; and, WHEREAS, footnote 25 in the Land Use Table in KMC 14.22.010 describes personal services as: art studios, barbers, beauticians, dressmakers, dry cleaners, self-service laundries, fitness centers, massage therapists, photographic studios, tailors, tanning salons, and tattoo parlors; and, WHEREAS, currently the allowed principal permitted uses in the TSH Zone include the personal services of tattoo parlors and massage therapists; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to amend KMC 14.22.010 to require a conditional use permit for tattoo parlors and massage therapists in the TSH Zone. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 14.22.010 is hereby amended as shown on attached Exhibit "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day second of September, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 1.9, 2009 Adopted: September 2, 2009 Effective: October 2, 2009 New Text Underlined; (DELETED TEXT BRACKETED) IN Ordinance No. 2435-2009 Exhibit "A" 14.22.010 Land use table. LAND 13SE TABLE F KEY: P = Principal Permitted Use C =Conditional Use S w Secondary Use Page 1 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL j LAND USES j C RR RRI RS RSI RS2 1 RU CC CG IL Ili ED R TSTI LC CMU Gne Fatuity DweWng C'S' P P P P P P I Psi S' S' Sr C" P P P �Si/C" Two/Three Family Dwelling CIS P P P P P P P" S' C C C''. P P Faur Family Dwelling Cu P CS P N N P P" S' C C C" N P C S'/C°1 Five/Six Family Dwelling j CIS C N P N N P P" S. C C( N j N P i C S'/C" Seven or More Family Dwelling CS C' N C' N N P P" Si C C N N P C S'/Car Townhouses` CIS C C C C C C C C C C I C" C C C C While Home Parks' N C C C! C C C C C C C N( C N N C i Planned Unit Residential Development' CIS C C C C C C C C C C N C C C C COMMERCIAL LAND USS6 C RR ' RRI RS RSI RS2 (` RU CC CC III In ED 1 R TSEI LC CMU Automotive Sales N C C N N N C P P P P N N N N P Automotive Sawice Stations N C <: N N I N C P P P I P N C N N P Ranks N C C C N N C P P P C) N C C C P (Business/Consumer Services N C C C N N C( P P P C N i j C C C P Guide Service N C C C N N C P f P P N P P I C P HoteisfMotels N C C C N N C P P P I C N C P i C P I Lodge N k C! C C N N C P P P C N P P C P Prrofessional OfFmes N C C C N ` N P P P ( P P N i C P P P Restaurants N C C C N N C P P P C N C C C( 1° Retail Business N's C C C N N C P P{ P P 1 S'9 S'" C C P Wholesale 13us4ness N C C C N N C C P P P N S" C C N Theaters/Commercial Recreation N I i C C C N I N C P P C C N. P C C P on Ordinance No. 2435-2009 Exhibit "A" LAND USE TABLE KEY: P= Principal Permitted Use C =Conditional Use S = Secondary Ilse N =. Tinf Aa.miflad Page 2 of 4 NOTE: Reference footnotes on l'ollowing pages for additional regI ictions ZONING DISTRICTS INDUSTRIAL LAND USES C AR RRI RS RSI RS2 RU CC: C(3 IL III ED R TSH LC C:W. J Airports and Related Uses P" I C C C N i N C P N I C: N N C Automotive Repair N i C C C I N 1 N C P P i P P( N N N N P Gas M'anufaoturor/Storage N N C C N N N N N I Cs C N N N N N Manofaciuring/Fabricatingl Assembly N C C C- ( N N C C P P P N C C N C Mni-Storage Pacilit, N C C C N N C C P P P N N N C. C l Storage Yard N C C C N N C C P P I P N N N N C f Warehouses N C C C N N C N P P P N' C, N N N PUBLIC/ INSTITUTIONAL 1 LAND USES C RR 1 RRI RS RSI RS2 RU CC CG It, III ED R TSH LC CMU Charitable Institutions C C C C C C P P PP P P i C P C P Churches° C Pa Po Pro Pia P,m Pao Pia Pu' C C P P10 P P P Clinics C C C C C C i C P P P C C C C P 1' jCollegaO, C 1 C C C C 1 C P P {C P C C C P Elementary Schools" C _C C C C C C C P P C _C C P C C C P Governmantal buildings C C C C C C C P P P High Schools+' C C C C C C I C P I' C C P C 1 C C P Hospitals* C C C C C C_ C P P P C C C C C P Libraries• C C C C C C Cu P P 1 P C P C P C P Museums C C C C C I C C I P P P C P E C P 4 C P {Pants and Recreation P I C C C C C C P P- P P P P F' i C( T P -Assisted Living C C C C C j C C C C C C C C C C C MISCELLANEOUS. � � � j LAND USES C RR RRI RS RSI RS2! RU CC 1 CG FL I IH i ED 12 TSH LC CNJU Animal Boarding' C C C C C N N C C C C N C � NC C Bed and.Brealcasts .._C ....0 ,. C..;..�C C -_.C.. _C _..0 --C-....C.. .�C. N C. C -,..0 P_� Cabin Rentals C ,.... C.. C C j N N N P P P C N P P C P l Cemeteries C C C C N N N N C 1 C C N C C 'I N 1 N I ICrematories/Funeral Homes I N C N C N N C C C C j C N l C C C C Day Care Centers" C C C j C C C C P P P 1 C C C C P P Dormitories/Boarding Houses C C C C C C P P' S C P Px' C C C P 1 Essential Services P P P P _1 P P P 4 P P P P j P P P .P P i Farming/General Agriculture""* P i P N N N 1 N N N N N P N P N N 1 N j Greenhouses/Tree Nurseries" I_ C C C j C C C C P P P C N C C C P 1 m Ordinance No. 2435-2009 Exhibit "A" KEY: P= Principal Permitted Use C = Conditional Use S = Secamdmry Use N =Not Permitted Page 3 of 4 1.4.22.010 LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS ,MISCELLANEOUS LAND USES C RR RRi RS RS1 RS2 RO CC CG IL - 1'H ED R i TSH LC CM U �C7ansmittring; Printing, N C C C C C C P i' P P N j C P P F Taxidermy ) Assemblies" (Large: C C C C C C C P" PIS P15 PIS P15 C P N PIS Circuses, Fairs, Etc.) Fraternal Organizations/ N{ C C C C C C P P P C N C P C P Private Clubs/.Social Halls ' and Union l(alls Nursing, Convalescent or N C C I C C C C P j P C C C C C C P Rest homes Parking, Off -Street P P P P P P P P P P P P P P j P P Parking, Public lets" C C C C C C C C C C C( C C C i C C Personal Services" C C C C C C C P P P P C C Pxccr Pic" P RadiorFV P P C C C C C P P P P P C C C P Transmitters/Cell Sites** j Recreational Vehicle Parks C C C C N � N C C C( C C 'N C C j N C Subsurface Extraction of C C C C C C C C C C C N C N N N ,Natural Resources" Surface F.xtraerion of C C C C N N C N C( C C N C N N N 1 Natural Resources" ° See 42 U'SCA Sec. 2000cc Land mid Institutionalized Persons Act of 2000} (Religious ** See 42 TelecommunicationssAct of 1996, See. 704(a) See, however, the limitations imposed under KMC 3.10,070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on Collector streets and majorl 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 net parcel, which is pull of the main building. 3. Allowed as a Conditional use, sut lcet to satisfying the following conditions: a. The usable area per dwelling unit shall be tie 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, mid other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations,; e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f 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 ofthe 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. M Ordinance No. 2435-2009 Exhibit "A" Page 4 of 4 6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the! minimum ,Federal Housing Authority requirement's. 7. See "Planned Knit Residential Development" section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety. and fire regulations are met. 10, Provided that no part of any building is located nearer than thirty ('30) feet to any adjoining street or property Tine. 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 wilt maximize its benefit to the public; b. Exits and entrances and o'ff, street parking for the use are located to prevent traffic hazards on public sneers. 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 goverment lands. 1.9. Deleted by Ordinance 2144-2006. 20. The airport related uses allowed under this entry are aircraft approach zones per XTvIC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. 22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a pennhted 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 gif4 shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors. dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the TSI-I zone tattoo parlors and massage therapists are allowed as a conditional use. In the LC. zone dry cleaners, self service laundries, massage therapists, and tattoo parlors are allowed as a conditional use. Personal Services not listed are conditional use. 26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. WgWE SiLtLdw A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING AN AMENDMENT TO THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE THAT TATTOO PARLORS AND MASSAGE THERAPISTS REQUIRE A CONDITIONAL USE PERMIT IN THE TOWNS= HISTORIC ZONE (TSH). WHEREAS, currently personal services are a principal permitted use (P) in the TSH Zone; and, WHEREAS, footnote 25 in the Land Use Table in KMC 14.22.010 describes personal services as: art studios, barbers, beauticians, dressmakers, dry cleaners, self-service laundries, fitness centers, massage therapists, photographic studios, tailors, tanning salons, and tattoo parlors; and, WHEREAS, currently the allowed principal permitted uses in the TSH Zone include the personal services of tattoo parlors and massage therapists; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to amend KMC 14.22.010 to require a conditional use permit for tattoo parlors and massage therapists in the TSH Zone. NOW, THEREFORE, IT IS RECOMMENDED THE COUNCIL OF THE CITY OF KENAI, ALASKA. amend Kenai Municipal Code 14.22.010 as shown on Exhibit "A'. PASSED BY THE PLANNING AND ZONING COMMISSI N OF THE CITY OF KENAI, ALASKA- this 12th day of Au ust 2009. r CHAIRMAN ATiXS�: New text underlined [DELETED TEXT$RACKETED AND ALL CAPS) 11i1911 Resolution PZ09-40 Attachment "A" 14.22.010 Land use table. LAND USE TABLE TOY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted Page 1 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RRI RS RSF RSZ RU CC CG iL IH ED R TSH LC CMU One Family Dwelling C'" P P P P P P P21 S� Ss S' C's P P P S'/C'�. TwolTltree Family Dwelling C1° P P P I P P P C C C'c P P P S'/&, Four Family Dwelling Cis P Cr P N N P P' S C C Cn N P C S,/C' Five/Six Family Dwelling CM C' N P N N P P21 S' C C N N P C j S'/C" Seven or More Family Dwelling Cjs C' N C' N N P Ps' S' C C N N P C S'IC21 Townhouses' Ct° C C C C . C C C C C C C'r C C C C Mobile Home Parks' N C C C C C C C C C C N C N N C Planned Unit Residential Development' C'" C C C C C C C C C C N C C C C COMMERCIAL LAND USES C RR RRa RS RSl R82 RU CC CG IL 13 ED R TSH LC CMU Automotive Sales N C C N 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 P N j C N N P Banks N C C C N N C P P P C N C C C P Business/Coroumer Services N C C C N N C P P P C N C C C P (mode Servioe N C C C N N C P P P P N P P C P Hotels/Motels N C C C N N C P P P C N C P C P Lodge N C C C j N N C P P P C N P P C Professional Offices N C C C N N P P P P P N C P P Restaurants N C C C 'N N C P P P C N C C C IN Retail. Business N2`' C C C N N C P P P P S'd S C� C Wholesale Business N C C C N N C C P P P N S" C C Theaters/Commercial Recreation N C C C N N C P P C C N P C C P 1 Resolution PZ09-40 Attachment "A" KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted Page 2 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRY RS RSI RS2 RU CC CG IL 1H ED R TSH LC CMU Airports and Related Uses PR0 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 i N N N N P Gas Manufacturer/Stomgc N N C C N N N N N Cs 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 Mmi.Stotage Facility N C C C N N C C P P P N NT N C C Storage Yard N C C C N N C C P P P N N N N C Warehouses N C C C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND VSES j C RR RRS R9 R31 RS2 R6 CC CG IL IH' ED R TS11 LC CMu Chazimble Institutions C C C C C C P P P P P P C P C P Chumhcs* C P10 P16 P10 P10 PH Pro P10 Pra C C P Pu' P P P Clinics C C C C C C C P P P C C C C P P Colleges- C C C C C C C P P C C P C C C. P Elementary Schools" C C C C C C C P P C C P C C C P Governmental Buildings C C C C C C C P P P C P C C P P High Schools* C C C C C C C P P C C P C C '', C P Hospitals" C C C C C C C P P P C C C C C P Libmries" C C C C C C C10 P P P C P C P C P Museums C C C C C C C P P P C P C P C P Parks and Recreation P C C C C C C P P P P P P P C P Assisted Living C C C C C C C C C C C C C C C C MISCELLANEOUS LAND USES C RR RRl R.S RSI R82 RE CC CG IL IIi i*D R TSH LC CMV Animal Boarding't C C C C I C N N C C C C N C N C C Bed and Breakfasts C C C C C C C C C C C N C G C P Cabin Rentals C C C C N N N P P P C l N P P C P Cemeteries... .0 C.. C C.. N _.N. .N.. N. C_.C. C _N_i C _C.. N _.N.. Crematories/Funeral Homes N C N C N N C C C C C N C C C C Day Care Centers C C C C C C C P P P C C C C P P Dormitories/Boarding Houses C C C C C C P P" S C P Pc' C C C P Essential Services P P P P P P P P P P P P P P Farnhrg/Geneml Agriculture*** P P N N N N N 4N; N JE P N iN N Greenhouses/Tree lNurseries' C C C C C -C C P i P C C C P 14.22.010 LAND USE TABLE Resolution PZ09-40 Attachment "A" KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted Page 3 of 4 NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRS RS RSi RS2 RU CC CG IL 113 EB R TSH LC CM U Gunsinabing, Printing, N C C C C C C P P P P N C P P P Taxidermy j Assemblies5'S(Large: C C C C C C C P15 Pu PIS Pu P+5 C P N P' Circuses, Fairs, Etc.) Fraternal Organizations[ N C C C C C C P P P C N I C P C P '.. Private Clubw;Smind Halls and Union Halls i Nursing Convalescent or N C C C C C C P l P C C C C ( C C P Rest Homes Parking, Off -Street P P P P P P P P P P P P P P P P Parking, Public Lots" C C C C C C! C C C C C C C S C C C Pemronal Services" C C C C C C C P P P P C C P/C" P/cs P Radion V P P C C C C C P P P P P C C C P Transmitters/Cell Sites** Recreational Vehicle Parks l C C C C N N C C C C C N C C N C Subsurface Extraction of C C C C C C C C C C C N C N N N Natural Resources" I Surface Extraction of C C C C N N C N C C C N C N N N ! Natural Resources" I I * See 42 USCA See. 2000oc (Religious Land Use and Institutionalized Persons Act of 2000) *" See 42 Telecommunications Act of 1996, See. 704(a) *"'" See, however, the limitations unposed under KMC 3A0.070 Footnotes: 1.. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which 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 inarea 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; a.... The proposed dwelling group will constitutea. residential .areaof sustaineddesirability.. and stability; will be in harmony, with the character of the surrounding neighborhood, and willnotadversely 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; It. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses"section, 15. See `Mobile Homes" section. Resolution PZ09-40 Attachment "A" 6. 7. 9. 10. 1.1, 12. 13. 14. 15. 16. 17. is. 19, 20. 22. 24. 25. Page 4 of 4 Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minhnwn Federal Housing Authority requirements. See"Pla ned Unit Residential Development" section. Allowed as a conditionaluse, 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. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. Allowed as a conditional use, provided 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. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in. a residential zone. b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. See "Conditional Uses" section. - See "Conditional Use Permit for Surface Extraction of Natural Resources" section. Conditional Use allowed only on privately held property. Not allowed on government lands. Deleted by Ordinance 2144.2006. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. Developments for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. Allowed as an accessory use in conjunction with a permitted use in the ED mne. For example, a dormitory used to house students for a school or educational facility. Retail businesses allowed as a secondary use in conjunction with fne primary use (e.g., a gift shop or coffee shop within another business). Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. In the TSH zone tattoo oarless and massage therapists are allowed as a conditional use. In the LC zone dry cleaners, self-service laundries, massage therapists, and tattoo parlors arc allowed as a conditional use. Personal Services not listed am conditional use. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. IM AMENDMENT TO AMENDED EMPLOYMENT AGREEMENT 'The Amended Employment Agreement between City of Kenai ("CITY") and Rick Koch ("EMPLOYEE") made the 16"' day of'July, 2009, is hereby amended as follows: Section 4: SALARY AND REVIEW SALARY [DURING THE TERM OF THE CONTRACT, THE CITY AGREES TO PAY EMPLOYEE FOR SERVICES RENDERED PURSUANT HERETO AN ANNUAL BASE SALARY OF ONE HUNDRED AND TWENTY-FIVE ($125,000 PAYABLE IN INSTALLMENT'S AT'HTE SAME TIME AS OTHER EMPLOYEES OF THE CITY ARE PAID.] For the fiscal year 2009-2010. the employee shall receive a cost of living adjustment (COLA) to his salary of $125 000 in the same amount as the "classified service" employees (4.5%). Therefore employee's salary for fiscal vear 2009-2010 shall be $130.625. navable in installments at the same time other employees of the City are paid. For the fiscal vear 2010-2011 if the employee has received a satisfactory overall evaluation in his most recent vearly evaluati on done under Section 4-B of this contract. the employee shall receive the same Percentage COLA adjustment to his fiscal year 2009-2010 salary as the "classified service" employees receive (if any) for that fiscal year The salary shall be pavable in installments at the same time other emplovees of the City are paid. For the fiscal Year 2011-2012 if the employee has received a satisfactory overall evaluation in his most recent Yearly evaluation done under Section 4-B of his contract, the employee shall. receive the same percentage COLA adjustment to his fiscal year 2010-2011 salary as the "classified service" emplovees receive (if anv) for that fiscal year. The salary shall be payable in installments at the same time other emplovees of the City are paid. IN WITNESS WI-IEREOF, the City of Kenai, on a vote of its City Counei.l, has caused this Amendment to Amended Employment Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Cleric, and the Employee has signed this Amendment to Amended Employment.Agreement, on this _ day of August 2009, AMENDMENT TO AMENDMENT TO LEASE PAGE 1 OF 2 10 CITY OF KENAI Pat Porter, Mayor EMPLOYEE: Rick Koch APPROVED AS TO FORM: Cary R. Graves, City Attorney ATTEST: Carol L. Freas, City Clerk SEAL: AMENDMENT TO AMENDMENT TO LEASE PAGE 2 OF 2 „Villaye rtiA a Past, City wick a Future” N 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 mt�� Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 rt1E't 1442 \\, thcaiyol'll MEMORANDUM 1 \T6. M KENAL ALASKA TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director DATE: August 10, 2009 SUBJECT: Kenai Courthouse Parking Expansion - 2009 Please increase PO 90558 to Peninsula Construction by $4,080.00 for Change Order No. 2 to their contract for the Kenai Courthouse Parking Expansion Project as per attached. The increase is for placement of 24 tire stops and a time extension to August 31, 2009. For Council Approval: August 19, 2009 Finance Approval: no C.O. SENT TO ON C.O. APPROVED BY ON PAGE 1 OF 1 PROJECT: Kenai Courthouse Parking Expansion 2009 DATE: August 10, 2009 CONTRACTOR: Peninsula Construction, Inc. YOU ARE HEREBY REQUESTED TO COMPLY WITH THE FOLLOWING CHANGES FROM THE CONTRACT PLANS AND SPECIFICATIONS: ITEM NO, DESCRIPTION OF CHANGES - QUANTITIES, UNITS, UNIT PRICES, CHANGE IN COMPLETION SCHEDULE, ETC. INCREASE O DECREASE One Time Extension from August 15 to August 31, 2009 $0.00 Reason: The project was substantially complete and turned over for use by July 15. Long lead Time Electrical Materials have been shipped and are expected to arrive August 10 to 15, the Contractor expects to be completed by August 22 Two This item adds 24 concrete tire stops around the center parking island at $170.00 per unit $4,080,00 NET CHANGE IN CONTRACT PRICE DUE TO THIS C.O. $4,080.00 6/30109 (xnbxanHal) TIME CO.S S CHANGE ORDER 16 days CONTRACT AMOUNT CHANGE ORDERS THIS CHANGE ORDER $4MO,00 f REVISED CONTRACT AMOUNT $224.407.50 �It ATTACHED IS JUSTIFICATION OF EACH ITEM ON THIS CHANGE ORDER. THIS C.O. IS NOT VALID UNTIL SIGNED BY THE OWNER. CONTRACTOR'S SIGNATURE INDICATES HIS AGREEMENT HEREWITH, INCLUDING ANY ADJUSTMENT IN THE CONTRACT SUM OR CONTRACT TIME. BY: BY; BY: ENGINEER DATE: CONTRACTOR DATE: OWNER DATE: Revised 5/26/99 M KENAI COURT HOUSE PARKING EXPASION Project Na; PROGRESS ESTIMATE No. EST 2 Contractor. PENINSULA CONSTRUCTION, INC. Location. KENAI COURT HOUSE PARKING For Period from Address: 39981 DODGE COURT July 1, 2009 to July 15, 2009 KENAI, ALASKA 99611 FA Cnde item Namber Pay Item Pay Unit Unit Pritt Plan Plan This Esl Thh Eslimafe To Date Quantity Quantity A--_m-ou-n-t Quantity i ro Amount Quantity AND S. $1AImS0o0n0nq[ , tOqoA q IISg00a' GRUBBING 20.04J USABLE Cubic Yard $5.00 4,050- $15,2SG.00 -- —_ - $1}.],}Stpp "5& -`$t5��p00 EXCAVATION '. �,(� �'� --- 20.04.2 Cutric Yard - $8J5 2,650 $2},167.5q __ a 1" tG�a -- 1 aILe ---- EXCAVATION FXCAVATION � ,� t� � � 5 $24,868.75 2;460 -- 2095.t CCFY -- CYVM $6-00 - 300 $Lsgo.oU -- 31430 ��92 FURNISHED - 340 $z,04o-00-- 340 $z,04o.go TYPE RI CLASSIFIED PILL. & 13ACKFILL 20 05 2 .I.___ TYPE R-A CLASSIFIED ".. ton - $8.00 I,325 _ $LO,60U.OD --_ --- L65 236 SIJ.218-99 1,652.36 FILL & BACKFILL 20.06.1 COURSE 2 COURSE2 " Ton - $35.20 338 $11,742.OD '••--376,58 $13,255.62 3?658 $L3,255.62 316.58 $13.255.62 — 30.02.1 P.C.C. CURB LF $38.50 250 $5,G2S.00 266.E $10,264.10 A6b-6 310.i64J0 AND GLITTER 30.61,2---_P.C.C- VALLEY GUTTER CF $95.00 140 $10,4LL50.00 -__'-� - 21248 �$11,7tL15 212.93 ECI,71 L15 SIDEWALK 4" 28 �$3,388R11 40.14 $4,856.94 40.14 $4,856.94 40.14 $4,R56.94 4002 A.C. Tdn 350 $38,,,50.00 36-63 $40—,302�.90 366.9 36639 $4o,302.:0PAVEMENT CLASSC 65.61 C N SURVEY EASEMENT I$40,,342..40 50 ,75 l —Aft OODqO $3,S L.90 Rqd INSULATION --�--00 SF $544j07018 g 608L-1 Licensee: Wince-Corthell-Bryson 4- 1 v Page 1 of 3 Project No.: KENAI COURT HOUSE PARKING PROGRESS ESTIMATE No.E3T 2 FA Code Item Numtxr I'ey Item Pay;last butt Frta Yhn Quantity - Plnn Tbis Est This' Eafima{e To Date To Date Probable r Probabit -- 70.t9---.PAINTflD U�mp Sum �LS. Amount Quantity i(00% Amount Quantity ' Amount Onaodty Amount TRAFFIC All Regd$2.400.00 $2,000.00 t00°:ro $2,000.00 All Reqd __- $2,000.00 MARKINGS 702 STANi3A45 SIGNS ASP $100.00 g _-- $800.00 8 5800.06 8 5800.00 8 5800.00 75.02 -- LANDSCAFE� EA $L0$5.00 5 $5,425.00 S $5,425AQ _5_..� 55,425.00" TREES 5 $5.425.00 75.04 TOPSOB.4 SEEDING MSF MSF $550.00 _ 10.4 - 55,720.00 I I202 $6�,61 L00�12.0 -- 2 � 6,61OD 7�1� 1202 --- $6LINCADEH 600 SP-2 3600.00 70.4 56.240.Q0 6.01 $3606.00 -o"z=" . 6: ---$3.6HyN _e,ar 'Z t®'.4' S&MR,80� REMOVAL STRUCTURES lump Sum L.S. All Reqd Sd,906.00 --' 100% $4,400.00 AO Atgd $4,400.06 AND OBSTRUCTION S CONSTRUCT BLIND DRAIN I:ump Sum L.S. Ait Reqd $4,210.00 ID01 $4,2t0.00 All Rtq'd 54,210.00 SP-4 REPAIR ANG EA $LOW.00 i Si,St00.00 — 1 $t,000.00 --_. i .—'-_ $L000.00 ADNST SERVICE KEY13OX SP-S LIGHTING SYSTEMS Lump Sum ---L.S. A11 Reqd $35.000.00--- r/FT bowe 20% 57,00(1.00 All Reqd 535,000.00 V SP-6 i— EROSION, SEDIMENT Lamp Sum L.S. Alll Reqd 54,000.00 90% 58, 100.00 Atl Reqd _ $9,000.00 AND k�0i �Ata� POLLUTION Y' CONTROL MISCF.LLANEO. Contingent SP-7 US WORK Sum AND �? GRADING Licensee: Wince-Corth,11-Bryson - Page 2 0£ 3 KENAI COURT. i3E PARKING SUMMARY PROGRESS ESTIMATE NO.LST 2 -f-w( :> too/ 41 I LiCa"00: Nance-Corthell-Hrgaon Page 3 of 3 GQ Page 1 of 1 From: Tom Dwinnell jairtek@ptialaska.net) Sent: Wednesday, July 29, 2009 2:25 PM To: Martin Oberg Subject: Pole/fighting shipping status Marty I just received a shipping schedule for the parking light poles/fixtures for the parking lot. The fixtures were shipped on 7/27/09 and should arrive here 8/4/09 to 8/10/09 and the estimated ship date for the pole is 811/09 with approx.2 weeks shipping time. I'm estimating installation should be completed by 8/22/09. Please contact me if you have any questions. Thanks Tom 8/10/2009 -95- Meu�ya/ KENA1, ALASKA "V'llaye with a Past City wick a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1fElr 1992 TO: City Council FROM: Rick Koch OAT E: August 13, 2009 SUBJECT: Ballot Proposition "A", Municipal Election October 6, 2009 The purpose of this correspondence is to submit for your review and continent the information that will be included in the KPB election pamphlet for the October 6, 2009 general election concerning City of Kenai Ballot Proposition "A". This information must be supplied to the KPB Clerk's office no later than Friday, August 21 s`. Thank you for your attention in this matter. M s U , a i;/;j Zr3 Zibifl�lcsyk am Shall City of Kenai Ordinance No. 2393-2009, that amended the Official Kenai Zoning Map by rezoning approximately 22 acres located North of the Kenai Spur Highway from McCollum Drive West to No -Name Creek from Rural Residential I (RRI) and Conservation (C) to Limited Commercial (LC), be repealed? ❑ YES (A Yes vote would repeal Ordinance No. 2393-2009.) ❑ NO (A No vote would not repeal Ordinance No. 2393-2009.) On April 1, 2009 the Kenai City Council enacted an ordinance which amended the Official Kenai Zoning Map by rezoning approximately 22 acres of land located on the north side of the Kenai Spur Highway as shown on the map below from Rural Residential 1(RRl) and Conservation (C) to Limited Commercial (LC). The area of the rezone is compnse �f�fourteen properties, seven of which are undeveloped, five have multi -unit housing, and ave single family homes, all of which are permitted•in the Limited Commercial zone. The Limited Commercial Zone is established to provide for a transition area between commercial and residential districts by allowing low to medium volume businesses, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts (KMC 14.20.115). Limited Commercial Rezone Area - 0 DIFFERENCES BETWEEN RURAL RESIDENTIAL 1 AND LIMITED COMMERCIAL uMTERCDMMERCIAL $L7RALRESDU#I[At1 LANp-115F5 0 (RIi1l Residentlat Five or. More Dwelling. Units -Conditional Use Not Permitted Mobile Home Parks Not Permitted Conditional Use Commercial Automotive Sales Not Permitted Conditional Use Automotive Service Stations Not Permitted Conditional Use Industrial Airports & Related Uses Not Permitted Conditional Use Automotive Repair Not Permitted I Conditional Use Gas Manufacture/Storage Not Permitted Conditional Use ' Storage Yard Not Permitted Conditional Use f Warehouses Not Permitted Conditional Use Governmental Buildings Permitted Conditional Use C Cemeteries Not Permitted Conditional Use i Crematories/Funeral Homes i Conditional Use I Not Permitted 1 Gunsmithing, Printing, Taxidermy Permitted Conditional Use Assemblies (Large Circuses, Fairs, etc.) ( Not Permitted Conditional Use Recreational Vehicle Parks Not Permitted Conditional Use Subsurface Extraction of Natural Resources Not Permitted Conditional Use Surface Extraction of Natural Resources Not Permitted Conditional Use -97- City of Kenai —Proposition "A" On April 1, 2009 the Kenai City Council passed the ordinance which amended the Official Kenai Zoning Map by rezoning approximately 22 acres of land located on the north side of the Kenai Spur Highway only, as shown on the map below. The change was from Rural Residential 1 (RRl) and Conservation (C) to Limited Commercial (LC). The-purlrose-of4ie-e-hange-wu. r a ansltlori area- between-conh-nercial,%id. residential-distriets- The subject properties are owned by the City of Kenai, Kenai Peninsula Borough, Mental Health and ten private property owners. A NO vote S40kyb!city Council decision to rezone to Limited Commercial Limited Commercial Rezone Aron - j DIFFERENCES BETWEEN RURAL RESIDENTIAL 1 AND LIMITED COMMERCIAL AYES vote Returns the zone to Rural Residential I LIMITED COMMERCIAL RURALRESIDENIAC1 LAND USES (LCI (RR9)i Residential Five or More Dwelling Units Conditional Use Not Permitted Mobile Home Parks Not Permitted Conditional Use Commercial Automotive Sales Not Permitted Conditional Use Automotive Service Stations Not Permitted Conditional Use Industrial Airports & Related Uses Not Permitted Conditional Use Automotive Repair Not Permitted Conditional Use Gas Manufacture/Storage Not Permitted Conditional Use Storage Yard Not Permitted Conditional Use Warehouses Not Permitted Conditional Use Governmental Buildings Permitted Conditional Use Cemeteries Not Permitted Conditional Use Crematories/Funeral Homes Conditional Use Not Permitted Gunsmithing, Printing, Taxidermy Permitted Conditional Use Assemblies (Large Circuses, Fairs, etc.) Not Permitted Conditional Use Recreational Vehicle Parks Not Permitted Conditional Use Subsurface Extraction of Natural Resources Not Permitted Conditional Use Surface Extraction of Natural Resources Not Permitted Conditional Use Landscaping Required: Yes No J� eke ci' ' KENAly SKA TO: City Council FROM: Rick Koch u• � "Village wA a Past, C# with a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 I W Telephone: 907-283-7535 / FAX: 907-283-3014 r M2 SUBJECT: Public information, Ballot Proposition "A", Discussion item The purpose of this correspondence is to inform the Council as to the direction the administration is going in preparing an informational insert for the newspaper and/or a mailer to Kenai Residents regarding the above referenced ballot proposition. This is in addition and separate from the information being supplied to the Kenai Peninsula Borough Clerk for inclusion into the KPB Voters Information Pamphlet. It is my intention to work with a Printing/Graphic Arts company to produce a tri-fold document similar in style and finish as what was produced by the Kenai Peninsula Borough School District in a summary document titled "Annual Report 08-09". I will have a copy of that document at the August 19'' Council meeting. We are compiling information for inclusion into the informational document some of the information is attached: 1. Ballot Proposition "A Exhibit A 2. Other information contained in the KPB Pamphlet — Exhibit A 3. K_MC definition of Limited Commercial Zone (LC) — Exhibit B 4. Information about the Properties within the Area Re -Zoned from RR1 & Conservation to LC — Exhibit C 5. Goals of the City of Kenai Comprehensive Plan (11/2003) — Exhibit D 6. Questions & Answers — Exhibit E Other information will be developed and administration will bring back a draft document for Council review at the September 2"d Council meeting. Shall City of Kenai Ordinance No. 2393-2009, that amended the Official Kenai Zoning Map by rezoning approximately 22 acres located North of the Kenai Spur Highway from McCollum Drive West to No -Name Creek from Rural Residential I (RR1) and Conservation (C) to Limited Commercial (LC), be repealed? ❑ YES (A Yes vote would repeal Ordinance No. 2393-2009.) c NO (A No vote would not repeal Ordinance No. 2393-2009.) On April 1, 2009 the Kenai City Council enacted an ordinance which amended the Official Kenai Zoning Map by rezoning approximately 22 acres of land located on the north side of the Kenai Spur Highway as shown on the map below from Rural Residential I(RR 1) to Limited Commercial (LC). The area of the rezone is comprised of fourteen properties, seven of which are undeveloped, five have multi -unit housing, and two have single family homes, all of which are permitted in the Limited Commercial zone. The purpose of the zoning change was to allow for a transition area between commercial and residential districts by allowing low to medium volume businesses, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts (KMC 14.20.115). Limited Commercial Rezone Area � 0 LAND USES RURAL RESIDENTIAL I (RILL) LIMITED COMMERCIAL (LC) Residential Five or More Dwelling Units Not Permitted Conditional Use Mobile Home Parks Conditional Use Not Permitted Commercial Automotive Sales Conditional Use Not Permitted Automotive Service Stations Conditional Use Not Permitted Industrial Airports & Related Uses 1777 Conditiona! Use Not Permitted Automotive Repair Conditional Use Not Permitted Gas Manufacture/Storage Conditional Use Not Permitted Storage Yard Conditional Use Not Permitted Warehouses Conditional Use Not Permitted Governmental Buildings Conditional Use Permitted Cemeteries Conditional Use Not Permitted Crematories/Funeral Homes Not Permitted Conditional Use Gunsmithing, Printing, Taxidermy Conditional Use Permitted Assemblies (Large Circuses, Fairs, etc.) Conditional Use Not Permitted Recreational Vehicle Parks Conditional Use Not Permitted Subsurface Extraction of Natural Resources Conditional Use Not Permitted Surface Extraction of Natural Resources Conditional Use Not Permitted Mal "'Villaye with a Past, Gi witk a Fu rore•' ` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 g f Telephone: 907-233-7535 / FAX: 907-283-3014 441,4yq� ,992 K A KA 14.20.115 Limited Commercial Zone (LC Zone). (a) Intent: The LC Zone is established to provide transition areas between commercial and residential districts by allowing low to medium volume business, mixed residential and other compatible uses which complement and do not materially detract from the uses allowed with adjacent districts. (b) Principal Permitted Uses: As allowed in Land Use Table as long as the footprint of the building does not exceed three thousand (3,000) square feet. (c) Conditional Uses: As allowed in Land Use Table. (d) Accessory Uses: As defined (see definitions section). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirement: As described in this chapter. (g) Parking Requirements: As required by this chapter. (h) Outside storage is allowed for display purposes only unless the storage is in an area enclosed by a sight -obscuring fence. (i) Landscaping/Site plans: As required in KMC 14.25. EXHIBrr- -100- �,. i � � �� •.fir :• .. , • � '! :i RURALRESIDENTIAL D COMMERCIAL (LC) Size in Property Ownership Acres Present Use City of Kenai 2.6 Vacant State of Alaska, Mental Health Land Trust 5.51 Vacant (Kenai Peninsula Borough 1.37 Vacant Private 2.50 Multi -Unit Residential �IPrivate 2.97 Vacant 0.46 Vacant 0.40 Multi -Unit Residential 0.40 Multi -Unit Residential 0.50 Multi -Unit Residential 0.44 Multi -Unit Residential 1.49 Single Family Residence 1.32 Vacant 0.93 Vacant 1.11 Single Family Residence Total 22.00 Number of Percentage of Present Use Properties Properties Vacant 7 50% Multi -Unit Residential 5 36°% Single Family Residence 2 14% " Total 14 100% Acreage of Percentage of Present Use Properties of Acreage Vacant 15.16 69% Multi -Unit Residential 4.24 19% Single Family Residence 2.60 12% Total 22.00 100°% Islir C. I OL t -101- C i Ed dal City of Kenai Comprehensive plan Goals for the plan The goals for the Comprehensive Plan were developed at two community workshops and several Planning and Zoning Commission work sessions. These goals provide the rationale for the proposed development policies and for specific planning recommendations. Create an attractive, vital, city center, with a mix of private and public facilities and activities to benefit residents and visitors. 2. Protect and rejuvenate the livability of residential neighborhoods. 3. Meet the needs of Kenai's growing senior population. 4. Promote residential and commercial development. 5. Provide appropriate city facilities and levels of service. 6. Protect the city's natural areas and scenic views. 7. Develop a local system of trails and appropriate access to public lands, and regional trails along arterials that traverse the city. 8. Maintain public safety resources at a level commensurate with growth. Expand existing or provide new public facilities that increase the quality of life for Kenai's citizens and visitors. E,kMdBTF Previous Comprehensive Plans K ai has had four comprehensive plans. Each plan reflects the circ stances and development priorities of its era. 1962\incorporated nsive plan. Kenai's first plan was prepared shortly after trporated in 1960 with 778 residents. At that time, devels clustered around Otd Kenai. The oi! and gas inwas in. Optimism abounded. The city was grow ng pidlwith itforecast to reach 13,350 persons by 1980. he pistressopment and basic iinfrastructure, and p osed Kenainin ordinances. 1965 Comprehensive velop "an, plan. New op rtunities opened by transfer of the ai port t cdy ownership in 1963 mpted this update of the 1962 plan. The plan Nposed developmerlof a major new public office and commercial district surplus airporyproperty in central Kenai and creation of an historic dish for Old Ke i. The plan also proposed a Kenai River br age, a new regio i jetpo south of the river, and a Northwest Coastal Highway to a Tu ag n Arm Crossing. This plan assumed a scaled -down forecast of 5W,5 residents by 1980. 1980 Kenai Comprehensive pia . Kena aw several boom -bust cycles during the 196os and 197 s. This pt was prepared after the 7APS construction boom and er several o ore oil and gas lease sales in Cook Inlet, It forec sf 6,140 residents 1990, plus another 4,530 persons if there we significant new oil an as discoveries. In response to Kenai's sp ling growth, the plan emp sized central business district deve prnent and the emergence of finetive residential neighbor oods. Reflecting the spirit of its tim this plan presupposed an tivist city government and stressed en nmental 1992 City 9f Kenai Comprehensive plan (revised 1996). Affe he mi6 98 recession, Kenai geared down its growth and develop f expect ions. This plan assumed a year 2000 population of 8, P50 pars s. Revfving the local economy was a major planning goal. A ftious development projects gave way to incremental improvements t city infrastructure, be#er planning ad Irmstrahon, and management of he city's Jana base. Kevin Waring Associates There have been a number of questions asked of the City Administration during the public hearing process and other discussions regarding this topic. Below are some of these questions and responses. if the intent of the LC zone is to "provide transition areas between commercial and residential districts," then how is it applicable to change RR1 in order to bring in a LC zone? Response: Zoning and property needs change as a community develops. This is recognized by communities and amendments (rezones) are provided for in the zoning ordinance. Comprehensive Plans are also dynamic documents and as a community grows, they must be amended to provide for change. The City of Kenai adopted the most recent Comprehensive Plan in 2003. That plan specifically identified the need to address the use of conditional use permits and rezones for commercial development for properties along the Kenai Spur Highway. The plan recommended developing criteria and standards under which compatible mixed uses are allowed. The Limited Commercial and Central Mixed Use zones were created to provide for mixed uses. i#a_Cityas-new-at-t#R-next -• ,• • 2 !, If a RR1 lot with a currently occupied home on it is rezoned to LC, and is not then required to follow the LC landscaping rules and paving requirements, when does it become LC? Response: Residential use is permitted in the LC zone. An existing residence would continue as is with no additional requirements. Any change of use to a commercial use may require meeting the landscape/site plan regulations. KMC 14.25 specifies when a landscape/site plan is required and that is any improvements $20,000 or more that add square footage require a landscape/site plan and the plan must be approved prior to the building permit being issued. A change of use that did not meet the above requirements would be reviewed to insure that on -site parking regulations were met as required in KMC 14.20. 250(a). If the home owner does not have to follow the requirements and rules, and the owner of the home does not desire to intend to sell and or turn the home into a business, why rezone the property? Response: The rezone is being considered to provide for development options along the Kenai Spur Highway corridor. The property described may not be affected by the rezone under the conditions described; however, the rezone will provide for additional development options. i3XHPBrr pop— I 3 -103- Does property that is currently zoned RR1 that is rezoned to LC get assessed for tax purposes at a higher rate because it is now higher in value? Response: There is no difference in the mill rate for commercial versus residential properties. If the question relates to assessments, the Kenai Peninsula Borough assesses property within the City of Kenai. The rezoning doesn't automatically increase property values. The Borough is required by State statute to assess properties at market value so the value of the property would depend on development and property sales in the area. Is it fair that a home owner who does not want to sell their home or go commercial now has to pay a higher tax on their home because it is no longer zoned residential? Response: The change in zoning by itself does not increase the value of the property. (See above.) The LC zone is characterized as beneficial because there are landscaping rules that are required before permitted. Are there regulations for continued compliance, for instance if all landscaping is live, and dies, would the commercial entity be required to replant or keep up the appearance for the continuation of the buffer? Response: Landscaping was discussed extensively. KMC 14.25 does require compliance and sets up timelines for certain aspects of completing the requirement. Administration maintains a tickler file and verifies that approved landscaping is in place. An approved landscape/site plan is a contract and if < site was allowed to decay, the City could follow-up on the non-compliance with enforcement action as is provided for in KMC 14.20.260. What kind of landscaping would you approve of that would be a lasting buffer? Response: There was discussion as to what type of landscaping could provide for separation between residential and commercial uses. It was noted that fencing is allowed as analternativeto the 10- foot landscaping buffer. Niy ep n on was tkeatfarasing w thtrswaindj�rov de fbrthe bes°bttffer; however iew to-pc�at-andwhethex-sFna�ald-be-r�quixed-._ wavM-e defirmined-vohen-a-ptan-mteviewed:- �A:i•%8t�rr �A If LC zoning has more in protection for residences than RRI, could RRI zoning simply be changed to add those extra measures? Response: The code provides for amendments and an amendment can be processed. Does LC zoning have restrictions for commercial signs in regard to flashing lights or neon lights? Response: The LC zone restricts freestanding signs to 32 square feet with a maximum of 10' height. The sign code, KMC 14.20.220 prohibits flashing lights or neon lights. There is not an ordinance in the City that regulates parking lot lights; however, the LC zone has a height restriction of 35 feet. Would rezoning 14 lots to LC in a RRI area with the potential of 18 businesses increase traffic creating hazardous conditions for residences in the vicinity? Response: Potential traffic impacts cannot be determined until developments are proposed/planned. Some of these properties would be accessed from the Kenai Spur Highway, and the city may require the construction of frontage roads to minimize traffic impacts to adjacent properties. The LC zone was specifically designed to provide for low -impact businesses. Does Administration take into consideration the financial impact a rezone from RRI to LC has on property owners within the district? Response: The code specifically outlines the criteria for considering amendments (rezones) in KMC 14,20,270. Financial impact is not listed as a consideration. Would rezoning RRI to LC allow for businesses such as "Kinko's", Massage Parlors, Tattoo and piercing establishments, "Wendy's" restaurants? Response: In the LC zone, building footprint is limited to 3,000 square feet without a variance. Restaurants are not a permitted in use in the LC zone, but are a conditional use in both RRI And LC. A business such as "Kinkos" (a print shop) is a permitted use in LC and a conditional use in RR1. Massage Therapists, Tattoo and Piercing establishments are conditional uses in both LC and RRI. f a', -105- KENAI AIRPORT COMMISSION AUGUST 13, 2009 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. ITEM 3: APPROVAL OF MEETING SUMMARY -- July 9, 2009 a. Casey Madden/Wince- Corthell- Bryson -- Airport Projects ITEM 5: OLD BUSINESS ITEM 6: a. Commission Chair b. Airport Manager C. City Council Liaison ITEM S: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for July 15 and August 5, 2009. b. Airport Manager's Report -- July 2009 a June Enplanement d. 2009 Float Plane Basin Activity C. Ordinance No. 2427-2009 -- Amending Fuel Flowage Fee f. Memorandum from City Manager -- Landing Fees g. Investment Report -- Quarter Ending June 30, 2009 �s s KENAI AIRPORT COMMISSION AUGUST I3,2009 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: J. Zirul, J. Bielefeld, H. Knackstedt, L. Porter, E Mayer, and G. Feeken Commissioners absent: D. Haralson Staff/Council Liaison present: Airport Manager M. Bondurant A quorum was present ITEM 2: AGENDA APPROVAL MOTION: Commissioner Mayer MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- July 9, 2009 MOTION: Commissioner Mayer MOVED to approve the meeting summary of July 9, 2009 and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a: Casey Madden/Wince- Corthell- Bryson -- Airport Projects Madden reported on all current airport projects as well as the meeting he attended with FAA representatives and the Airport Manager. He reviewed comments of FAA related to the Float Plane Basin development and what they expected from the City. ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS -- None ITEM 7: REPORT -107- 7-a. Commission Chair -- Chair Knackstedt noted he attended the Planning & Zoning Commission meeting of August 12 related to wind turbine use in the City and reviewed comments with the Commission. 7-b. items: • • • 0 November. • 7-c. ITEM 8: ITEM 9• ITEM 10: Airport Manager -- Airport Manager Bondurant reported on the following Airport project updates. Moving of two parking lot lights. Landscaping projects at the south entrance of the terminal. Arrival of the parking meter was expected at the end of August. Kenai Hangar started moving dirt with the project to be completed by She was research costs for a fresh water pump at the Float Plane Basin. A new motor had been ordered for the Float Plane Basin fuel pumps. City Council Liaison -- No report. 10-a. Kenai City Council Meeting Action Agendas for July 15 and August 5, 2009. 10-b. Airport Manager's Report -- July 2009 10-e. June Enplanement 10-d. 2009 Float Plane Basin Activity 10-e. Ordinance No. 2427-2009 -- Amending Fuel Flowage Fee 10-f. Memorandum from City Manager -- Landing Fees 10-g. Investment Report -- Quarter Ending June 30, 2009 ITEM 11: Commissioner Zirul MOVER to adjourn and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:03 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING AUGUST 13, 2009 PAGE 2 :f 41M 40 AUGUST 1` 2009 COUNCILCITY L0 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- June S, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Concrete Ramp Replacement Update ITEM 6: a. Discussion/Request -- Cancel or Change September Meeting Date b. Discussion -- Post Personal Use Fishery Update ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 16: INFORMATION a. Kenai City Council Action Agendas of July 1 and 15, 2009. b. Dock Rate Schedule -- July 6, 2009. C. Email letter from Joe Lawton dated July 30, 2009. ITEM 11: ADJOURNMENT Fall*2� KENAI HARBOR COMMISSION MEETING AUGUST 10, 2009 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY Chair Thompson called the meeting to order at approximately 7:01 p.m. Roll was confirmed as follows: Commissioners present: E. Osborn, G. Foster, A. Poynor, T. Thompson, R. Peters, W. Niederhauser Commissioners absent: P. Morin Staff/Council Liaison present: Dock Foreman D. Evenson, Council Member H. Smalley A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Poynor MOVED to approve the agenda as submitted and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY --June 8, 2009 Commissioner Poynor MOVED to approve the meeting summary of June 8, 2009 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5-a. Discussion -- Concrete Ramp Replacement Update Dock Foreman Evenson presented an update on the concrete ramp replacement. ITEM 6: NEW BUSINESS 6-a. Discussion/Request -- Cancel or Change September Meeting Date -110- Evenson explained the regular September meeting would fall on the Labor Day holiday and presented September 14, 2009 as an alternative meeting date. Commission consensus was to request the September 7 meeting be moved to September 14, 2009. 6-b. Discussion -- Post Personal Use Fishery Update Evenson reported on preliminary dip net information, noting more information would follow. ITEM 7: REPORTS 7-a. Director -- Evenson reported the City had contracted with an engineer to check the dock pilings for corrosion. 7-b. City Council Liaison -- Council Member Smalley reviewed the action agenda items of the August 5, 2009 City Council meeting, included in the packet. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS The Commission welcomed Niederhauser. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION 10-2. Kenai City Council Action Agendas of July 1 and 15, 2009, 10-b. Dock Rate Schedule -- July 6, 2009. 10-e. Email letter from Joe Lawton dated July 30, 2009. ITEM 11: ADJOURNMENT Consensus of the group was to go to the dock for a tour of the facility after the meeting adjourned. ffrelvfflm Commissioner Peters MOVED to adjourn and Commissioner Poynor SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:52 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk HARBOR COMMISSION MEETING AUGUST 10, 2009 PAGE 2 -111- KENAI LIBRARY COMM, KENAI COUNCIL CHAN. AUGUST 4, 2009 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY - June 2, 2009 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Library Expansion Project Update b. Discussion -- Automation System Migration Update c. Discussion -- Circulation Loan Periods d. Discussion -- Service Charges ITEM 613•:11fi -1 ITEM 7: REPORTS Director b. Friends of the Library C. City Council Liaison ITEM 8: COMMISSION COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of July 1 and 15, 2009. ITEM II: ADJOURNMENT -112- 'A-r;AAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS AUGUST 4, 2009 < _ i 1 MEETING SUMMARY Vice Chair Peters called the meeting to order at approximately 7:04 p.m. Roll was confirmed as follows: Commissioners present: K. Heus, M. Graves, C. Brenckle, R. Peters Commissioners absent: E. Bryson Staff/Council Liaison present: Library Director M. Joiner, Council Member R. Molloy A quorum was present. ITEM 2: AGENDA APPROVAL Commissioner Brenclde MOVED to approve the agenda as submitted and Commissioner Graves SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- June 2, 2009 Commissioner Heus MOVED to approve the meeting summary of June 2, 2009 and Commissioner Brenclde SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS 5-a. Discussion -- Library Expansion Project Update Library Director Joiner reported Ordinance No. 2398-2009 would be before Council for public hearing at the August 5, 2009 meeting, Rasmuson Foundation had extended the deadline for raising matching funds, and funding opportunities were noted on the Friends of the Library website. 5-b. Discussion. -- Automation System Migration Update Joiner reported the new automation system was up and running, the transition was smooth, and the cost was only $480 with a value of approximately $55,000. 5-c. Discussion -- Circulation Loan Periods Joiner reported, due to configuration of the new automation system, she recommended the loan period of four weeks with a two -week renewal be changed to three weeks with a three-week renewal. Commission supported the change. 5-d. Discussion -- Service Charges Joiner reviewed a list of service charges needing changing in the library regulations. ITEM 6: NEW BUSINESS -- None 7-a. Director -- Joiner summarized her monthly report and noted Russian Stories was suspended for the summer. 7-b. Friends of the Library -- Heus reported her resignation from the Friends of the Library Board; noted the booth at the Kenai River Festival and July Fourth festivities; the book sale was a huge success; tickets for the dinner raffle were available; and, the dinner would be October 23 and 24, 2009. 7-c. City Council Liaison -- Council Member Molloy reviewed the action agenda from the Council meetings of July 1 and 15, 2009 and noted a resolution in honor of Emily DeForest would be before the Council for public hearing at the August 5, 2009 meeting. ITEM 8: COMMISSION COMMENTSMUESTIONS Ileus -- Inquired about funding sources for the $250,000 in Ordinance No, 2398- 2009. Breackle -- Inquired about the opening date for Walmart. Molloy reported the expected opening date would be in March 2010. Graves -- Thanked the Commission for the birthday cheesecake. ITEM 10: 10-a. Kenai City Council Action Agendas of July 1 and 15, 2009. • -114- LIBRARY COMMISSION MEETING AUGUST 4, 2009 PAGE 2 MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:02 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING AUGUST 4, 2009 PAGE 3 -115- "'Villaye with a Past; C# with a Patera 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us the cityW TO: Mayor and Council Members FROM: Carol L. Freas, Ci Cl rk DATE: July 30, 2009 Presently, the Library Commission has two vacancies. Attached is an application submitted by Kimberly M. Glidden for your appointment consideration. Cif Attachment -116- CITY OF KENAI Village with a past — City with a future. " BACKGROUND AND PERSONAL DATA - _ IDATES FOR APPOINTMENT COMMITTEES AND �$�iE�3 MISSIONS the ciiy of KENAI. ALASKA RETURN TO: JUL 13 2009 KENAI CITY CLERK 210 FIDALGO AVENUE KE"'.CMCLERK . KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 283-5068 DATE: '�x I_ -011./ �Gfi�U NAME: T Resident of the City of Kenai?! How long? !� �a� Residence Addresses j ( (S( 34 i " ( 3 ' gj Mailing Address — Home Tele hoynfe� N�o. Home Fax No. Bus Hess telephone NoI. Business Fax No. Email Address: May we include your contact information on our web page? ALL X If not all, Aat informatibIn may we include? �j / EMPLOYER: A F_94/tl1l Sf,L.( /l 1 Sob Title A4�,j f l� (,,tl��t/n NAME OF SPOUSE,: / i� Ik ��Y / 1 ✓C G� �C1! " Current membership 'n organizations: {r J'!f' (/i �� {GY'?tf�19 41 Past organizational memberships: 11 f [v COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, -117- CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 1.2, 2009 - 7:00 p.m. 1. CALL TO ORDER: a. Rolf Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its nonnal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *July 22, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) a. Dorothy Gray — Kenai Russian Orthodox Church - Save America's Treasure's Grant 4. CONSIDERATION OF PLATS: a. PZ09-42 — Pinewood Subdivision Gerow Addition — A resubdivision of Pinewood Subdivision KN-1586, Lots 1 & 6 and associated utility easement vacation). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldoma, Alaska. b. PZ09-44 - Alaska State Lane Survey No. 2008-45 — Creating Tract A and dedicating 33- foot right-of-way (Spruce Street) (Subdivision of Gov't Lots 131, 165, & 166). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09-39 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.25 (Landscaping/Site Plan Regulations) KMC 14.25.020 (Application) be amended and recommending a new section. KMC 14.25.025 (Retention ]Basins) to provide landscaping and site plait requirements for the development of retention basins be enacted. b. PZ09-40 — A resolution of the Plarming and Zoning Commission of the City of Kenai, Alaska, recommending an amendment to the Land Use Table in KMC 14.22.010 to provide that tattoo parlors and massage therapists require a conditional use pen -nit in the Townsite Historic Zone (TSH). c. PZ09-41 - An application for a Conditional Use Permit for a Guide Service for the property known as Lot 7B, VIP Country Estates & Portions of Blocks 1 & 3 VIP Park Estates Subdivisions (2535 Watergate Way). Application submitted by Reubin Payne, Alaskan Widespread Fishing Adventures, Inc., P.O. Box 1171, Soldotna, Alaska. sm 7. NEW BUSINESS: &. 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) 11. INFORMATION ITEMS: a. PZ09-43 — Landscape/Site Plan — Aaron Murray — Kenai Hanger, LLC, 441 North Willow Street Lot 11 A, FBO Subdivision (Preliminary Plat) b. Zoning Bulletin (7/10/09 & 7/25/09) c. Second Quarter Building Permit Comparison 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: -119- CITY OF KENAI PLANNING & ZONING COMMISSION AUGUST 12, 2009 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TW'AIT, PRESIDING Chair Twait called the meeting to order at approximately 7:01 p.m. Roll was confirmed as follows: Commissioners present: Staff/Council Liaison present: A quorum was present. I-b. Agenda Approval J. Brookman, K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers City Planner M. Kebschull, Assistant to City Planner N. Carver, Deputy City Clerk C. Hall, Council Member R. Molloy Commissioner Brookman read the following additions to the agenda: ADD TO: 5-c. Amended Staff Report Kevin Walker Comments Chris & Lori Every Comments Commissioner Brookman MOVED to approve the agenda with the lay downs and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. I-c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused. Absences Approved by consent agenda. Im *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- July 22, 2009 Approved by consent agenda. 3-a. Dorothy Gray - Kenai Russian Orthodox Church - Save America's Treasure's Grant Gray gave a brief history of the church, and explained the Save America's Treasures grant would fund shoring up the walls of the church, renovating the foundation, adding an ADA compliant ramp, and adding a fire and theft alarm. She also explained the Church had received support from the Rasmuson Foundation which would be received in the near future and noted the Church was working with the Kenai Convention and Visitors Center to host the icon collection during the renovation. ITEM 4: CONSIDERATION OF PLATS 4.a. PZ09-42 - Pinewood Subdivision Gerow Addition - A resubdivision of Pinewood Subdivision KN-1586, Lots I & 6 and associated utility easement vacation). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. City Planner Kebschull reviewed the staff report included in the packet, recommending approval with no contingencies. Twait read the rules of public hearing and opened the meeting to public comment. The floor was opened for public hearing. There being no comments, the public hearing was closed. There were no Commission comments. MOTION: Commissioner Bryson MOVED to approve PZ09-42 and Commissioner Wells SECONDED the motion. VOTE: Brockman YES Koester YES Romain YES Wells YES l Twait YES B son YES Rogers YES PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 2 -121- 4-b. P7,09-44 - Alaska State Lane Survey No. 2008-45 - Creating Tract A and dedicating 33-foot right-of-way (Spruce Street) (Subdivision of Gov't Lots 131, 165, & 166). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, and noted the plat was required by the State in order to convey land to the City to be used for a well and wellhead. She recommended approval with the noted street name correction. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. There were no Commission comments. Commissioner Wells MOVED to approve PZ09-44 with staff recommendations and Commissioner Brookman SECONDED the motion. VOTE: Brookinan IYES Koester 1 YES Romain YES Wells YES Twait YES Bryson YES j Ro ers YES MOTION PASSER UNANIMOUSLY. ITEM 5: PUBLIC HEAP.INGS 5-a. PZ09-39 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.25 (Landscaping/ Site Plan Regulations) KMC 14.25.020 (Application) be amended and recommending a new section KMC 14.25.025 (Retention Basins) to provide landscaping and site plan requirements for the development of retention basins be enacted. Kebschull reviewed the staff report included in the packet, and noted the resolution would protect public safety and landscape aesthetics and referred to the sunset clause stating existing retention basins would have one year to comply. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. There were no Commission comments. I f ylifaN PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 3 -122- Commissioner Brookman MOVED to approve PZ09-39 with staff recommendations and Commissioner Rogers SECONDED the motion. VOTE: Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson j YES Rogers YES MOTION PASSED UNANIMOUSLY. 5-b. PZ09-40 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending an amendment to the Land Use Table , KMC 14.22.010 to proc7de that tattoo parlors and massage therapists require a conditional use permit in the Townsite Historic Zone (TSH). Kebschull reviewed the staff report included in the packet, and noted it was the final resolution related to changes to the Land Use Table requested by the City Council. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. There were no Commission comments. Commissioner Romain MOVED to approve PZ09-40 and Commissioner Bryson SECONDED the motion, Brookman YES Koester ' YES Romain I YES _ Wells YES Twait YES Bryson YES rRogers YES BREAK TAKEN: 7:31 P.M. _BACK TO ORDER: 7:38 PZ09-41 - An application for a Conditional Use Permit for a Guide Service for the property known as Lot 7B, VIP Country Estates & Portions of Blocks 1 & 3 VIP Park Estates Subdivisions (2535 Watergate Way). Application submitted by Reubin Payne, Alaskan Widespread Fishing Adventures, Inc., P.O. Box 1171, Soidotna, Alaska. PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PACE 4 -123- Kebschull reviewed the amended staff report included in the lay down, and noted the effect of the guide business had impacted the residential integrity of the zone and while her initial recommendation was to approve the permit, after consideration of the comments received, she recommended the permit be denied. Deputy Clerk Hall read the comments from Chris and Lori Every included in the lay down. Twait opened the meeting to public hearing. Linda Williams, 2565 Watergate Way, Kenai -- Spoke in opposition to the permit; noting traffic, noise and the cluttered lot. Bois Tepp, 2715 Watergate Way, Kenai -- Spoke in opposition to the permit, noting the increased noise. Sam Copeland, 615 Set Net Drive, Kenai -- Spoke in opposition to the permit, noting he did not want commercial business within a residential zone. Steve Stanton, 2545 Seine Court, Kenai -- Spoke in opposition to the permit, noting noise, pollution, and safety on the roads within the subdivision. Reubin Payne, 2535 Watergate Way, Kenai -- Applicant noted he wanted to be a good neighbor and was willing to work with the process to comply. Preston Williams, 2565 Watergate Way, Kenai -- Spoke in opposition to the permit. Mindy Payne, 2535 Watergate Way, Kenai -- Applicant spoke in favor of the permit. There being no further comments, the public hearing was closed. There were no Commission comments. ff Tel TUNA Commissioner Bryson MOVED to approve PZ09-41 and Commissioner Romain SECONDED the motion. Commissioner Bryson inquired what would be required for the use to become a home occupation and KebschulI explained; the applicant could use no more than 30 percent of the home and have no more than one employee. VOTE., Brookman NO Koester NO Romain NO wells NO Twait NO Bryson NO Rogers NO PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 5 -124- Twait read the appeals process procedure. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS 8-a. PZ09-18 - A resolution of the Planning &, Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. HEM f'c��1S+�ty�y 9-a. City Council -- Council Member Molloy reviewed the action agenda items from the August 5, 2009 City Council meeting. 9-b. Borough. Planning -- Borough Planning Commissioner Bryson reviewed the agenda from the August 10, 2009 Borough Planning Commission meeting. 9-c. Administration -- Kebschull reviewed her memorandum included in the packet related to changes of November and December Commission meetings. Kebschull suggested a motion be considered. rk Tel il(r)t Commissioner Wells MOVED to request moving the November meeting date from November 11 (Veteran's Day) to November 10, and cancelling the November 25 and December 23 meetings. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS I1-a. PZ09-43 - Landscape/Site Plan - Aaron Murray- Kenai Hanger; LLC, 441 North Willow Street Lot I IA, FBO Subdivision (Preliminary Plat). 11-b. Zoning Bulletin (7/ 10/09 & 7/25/09), 11-c. Second Quarter Building Permit Comparison. ITEM 12: COMMISSION COMMENTS & QUESTIONS PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 6 -125- Bryson -- Inquired about the City receiving rock from the Borough for the Bluff Erosion Project. Council Member Molloy reported the Borough would give the City free rock from gravel pits in Seward and/or Seldovia as part of an in -kind donation toward the project. All commissioners thanked the public for attending and commenting during the meeting. ITEM 13: ADJOURNMENT MOTION: Commissioner Rogers MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERER. There being no further business before the Commission, the meeting was adjourned at approximately 9:02 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 7 sm Convention & Visitors Bureau, Board of Directors Jacyuie Steckel, President. December, 2010 Marion Nelson, Vice President December, 2009 Shawn Maltby, Secretary/Treasurer December, 2011 Fred Braun, Director December, 2011 Ray Ortiz, Director Dccembcr, 2009 Celia Anderson, Director December, 2011 REGULAR MEETING — May 18, 7009 President Jaceluie Steckel ;Sef Q"1 CM:71f7flisZ W,"Z R#1iliGNflf! C. APPROVAL OF MINUTES Iola Ja.11,1010T*14N:/4 Saw" Ditto E. FINANCIAL REPORT I. Monthly Financials 2. Budget Scenarios and Options 3. Approval of 2008 End of Year Financial Statement F. UNFINISHED BUSINESS 1. Conex Trailer -Storage Annex 2. Kitchen Remodel Sharon Brower, Director G. NEW BUSINESS December, 2010 1. Approval of Patrons Board of Directors 2. 2010 Rec Guide -Resolution of Agreement between the Robin West, Director Chamber and the KCVB December, 2009 3. Review of KCVB Board. Organization Manual Ron Makton H. REPORTS Director 2010 Immediate Past President 1. Executive Director Councilman Hal Smalley I. BOARD COMMENTS City of Kenai Liaison J. ADJOURNMENT MISSION To promote the membership of the Kenai Convention &Visitors Bureau and the city of Kenai through destination marketing. To .support economic development of the city of Kenai through the visitors industry. To serve as the professional facility manager of the Kenai Visitors &Cultural Center. To promote the history, arts and culture of Kenai and Alaska. —127— a�, aMvac Kenai Visitors & Convention Bureau, Inc Regular Board Meeting — May 18, 2009 KCVB Board President Steckel Presiding MINUTES CALL TO ORDER A. Call to Order and Roll Call at 5:40 pm. Present: Directors West, Malston, Steckel, Brower, Braun, Nelson Also present: Councilman Boyle (sitting in for Hal Smalley liaison from City of Kenai), Natasha Ala, KCVB, Executive Director Absent: Directors Ortiz, Anderson and Maltby B. APPROVAL OF AGENDA Approved as presented C. APPROVAL OF MINUTES April minutes to approved as written. D. PERSON PRESENT SCHEDULED TO BE BEARD None E. FINANCIAL REPORT I. fear -End Financial Report Board reviewed Year -End Financial Report and unanimously accepted the report as submitted. 2. Monthly Financial Report Board reviewed Monthly Financial report and unanimously accepted the report as submitted. 3. Budget Scenarios and Options — Director West suggested establishing a budget threshold for savings and reserve accounts, suggested board should determine what that level of reserve should be and find ways to build reserves. F. UNFINISHED BUISNESS 1. Conex Trailer — Storage Unit Ala reported that she was pleased that the Work Force Development Group had offered to build a storage building for the Center. She was hopeful that the City Council would approve the project and this would work out as a good solution to the Centers storage dilemma. Ala reported that the Conex trailer was just a temporary solution and that it would be moved out after the storage building was built and the kitchen remodel was complete. sm 2. Kitchen Remodel Ala reported that she was not completely clear on the details of the kitchen remodel but that plans were moving forward with the City to remodel the kitchen and replace the appliances. G. NEW BUISNESS 1. Approval of Directors to the Patron of the Kenai Visitors & Cultural Center Motion: Director West moved to approve the names of Directors submitted. Director Nelson seconded the motion. Motion passed with unanimous consent. 2. Approval of Resolution of Understanding between the Kenai Chamber of Commerce and the KCVB regarding potential proceeds from the Kenai Visitor Guide. All potential profits should be allocated toward marketing the City of Kenai. Motion: Director West moved to approve. Director Malston second the motion. Motion passed with unanimous consent. 3. Review of KCVB Board Organizational Manual Ala presented Directors with a binder which included important organizational documents, policies and procedures, a draft strategic plan and other relevant and pertinent information regarding operations of the organization. H. REPORTS 1. Executive Director's Report — Ala reported that two new summer staff had been hired to work through August, and three summer interns would be working at the Center. Christine Conn, a graduate Museums Studies student from New York, will be reviewing the collection care procedures, as well as the cataloging of the museum collection in the Past Perfect Software system. AIa expressed regrettable concern over staff losing health care. BOARD COMMENTS ADJOURNED — 7:30 PM — Next scheduled meeting will be June 29, 2009, -129- Board of Directors Jacquie Steckel, President December, 2010 Marion Nelson, Vice President December, 2009 Shawn Maltby, Secretary,/Treasurer December, 2011 Fred Braun, Director December, 2011 Ray Ortiz, Director December, 2009 Celia Anderson, Director December, 2011 Sharon Brower, Director December, 2010 Robin. West, Director December, 2009 Ron Malston Director 2010 Immediate Past President Councilman Hal Smalley City of Kenai Liaison REGULAR MEETING — June 29, 2009 President Jacquie Steckel AGENDA B. APPROVAL OF AGENDA C. APPROVAL OF MINUTES D. PERSONS SCHEDULED TO BE HEARD 1. Laura Forbes - Report on PKVCC E. FINANCIAL REPORT 1. Monthly Financials F. UNFINISHED BUSINESS 1. Conex Trailer/Storage Building update 2. Approval of changes to Policies and Procedures 3. Approval of Accounting Procedures 4 KCVB Strategic Plan review G. NEW BUSINESS 1. Executive Director Report 2. `Contract Committee' 3. Recruitment of new Board Members �llw�7L�3/7�ft�IdBY —Next Meeting July 27, 2009 MISSION To promote the membership of the Kenai Convention &Visitors Bureau and the city of Kenai through destination marketing. To support economic development of the city of Kenai throughthe visitors industry. To serve as the pmf—anal facility manager of the Kenai Visitors &Cultural Center. To promote the history, ayes and culture of Kenai and Alaska. -130- 5-41 � �1� zoo Kenai Visitors & Convention Bureau, Inc Regular Board Meeting — June 29, 2009 KCVB Board President Steckel Presiding MINUTES A. Call to Order and Roll Call at 5:35pm Present: Directors Steckel, Nelson, Braun, Anderson, Brower, West, Malston Also present: Councilman Smalley, Natasha Ala, Laura Forbes, Carla Pollard, Jaime" Schmitt, Sasha Lidgren Absent: Directors Ortiz, Maltby B. APROVAL OF AGENDA Approved as amended C. APPROVAL OF MINUTES Approved as submitted D. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Laura Forbes — Report on PKVCC: Laura presented on where the Patrons Boards currently is in terms of past meeting accomplishments. Minutes from the April and May meetings were handed out. The first meeting was dedicated to confirming members (one seat is still available on the board) and approving grant applications. She suggested a possible grant being the installation of data loggers for the fluctuating heating system. The second meeting was geared towards finding fundraising opportunities. Forbes also addressed the vision for the cultural aspects of the VCC and handed out a proposed vision statement as well as S.W.O.T. analysis from patrons. Laura confirmed that the survey would be done again in three years. 2. Sasha Lidgren — Kenaitze Indian Tribe: Sasha informed the board that CIRI had been given money to create a research center where they produced new publications that go along with current displays in the VCC. She offered a 60" flat screen television with included installation to be loaned to the VCC in order to display Dena'aina educational videos. The board accepted. E. FINANCIAL REPORT 1. Monthly Financials: Carla Pollard presented and the board reviewed Monthly Financial report and accepted the report as submitted. Natasha proposed a possible budget committee to be established. F. UNFINISHED BUSINESS 1. Conex Trailer/Storage Building update: Natasha informed members that storage will be moved to the city's lot by the airport and consolidated for the -131- winter. The goal is to find someone to help design a well structured storage building which will be budgeted for next spring. Natasha proposed a contract committee be established. 2. Approval of changes to Policies and Procedures: Tabled until next meeting. 3. Approval of Accounting Procedures: Board reviewed Accounting Procedures and unanimously adopted as amended. 4. KCVB Strategic Plan review: Natasha reminded members that any changes they wish to see should be emailed. Moved to unfinished business for next meeting. G. NEW BUSINESS 1. Executive Director Report: Natasha noted that on July 29th there will be a PowerPoint presentation at the Kenai Chamber luncheon. She is also nominating Jim Evenson for governor's artist of the year. Staff evaluations are currently being worked through and reported as going well. 2. `Contract Committee': Not addressed 3. Recruitment of new Board Members: Jannett Schmitt present for meeting. Noted that Ray Ortiz will be resigning his position. Steckel added that Jim Butler has also been asked to consider joining. I. Board Comments Braun: Proposed that board consider a budget and fundraising committee. Smalley: Suggested that the dip net tend group become more educated by a possible orientation held at VCC to provide more accurate information about Kenai. Anderson: Proposed the board think on possible future festivals for the town. J. Adjournment Adjourned 7:42pm. Next scheduled meeting will be July 29, 2009 -132- �: � � r � � � • •6 1 1. . -.. Airport Protects: Taxiway F G, & H Lighting & Grading, and Drainage Improvement: The grading and drainage is completed and the seeding crew is onsite. Electricians are pulling wire and installing edge lights. Runway Safety improvement Proiect: All projects are complete and we are preparing the 2007 closeout documents. Apron Rehabilitation: Alaska Road Builders is well under way with the widening and rehab of the north portion of the apron. Enplanements: Enplanements were significantly up for July which continues to the busiest month for Era and Grant however, enplanements have been down every month in 2009. Summer Proiects: ✓ The relocation of 2 light poles in the 2-hour parking has been completed. ✓ Booth's Landscaping will start the terminal landscape project the week of August 10. There will be new and refreshed landscaping at the north and south ends. The gravel at the south doors will be replaced with paver blocks (eliminating the trip hazard). ✓ The Pay Parking Meter for vehicle parking is on order and the airport crew is busy preparing for its installation. Airport patrons will be able to use credit cards to pay for parking. -134- MEMORANDUM To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: August 12, 2009 Subject: July Monthly Report Total number of days rented in July 2009: July 2009 Monthly Meal Count Served: Total Congregate Meals Served: 1,588 Total Home Meals Served: 2,145 Total Non -Seniors Meals: 6 July 2008 Monthly Meal Count Served: Total Congregate Meals Served: 1,251 Total Home Meals Served: 1,878 Total Non -Senior Meals: 11 Total Volunteer Hours for July: 1,235 We had a very successful 0 of July Booth. 20 seniors attended the Stroke Prevention Workshop that was held on the 14th of July. We participated in the Senior Farmer's Market Nutrition Program. This program provides coupons to low-income seniors to purchase fresh fruit and vegetables from the local open air markets. 31 seniors qualified and signed up for the program. A volunteer and staff person escorted and guided a fishing trip on the Kenai. 6 seniors went fishing, had lunch and enjoyed the outdoor event. Even though they did not catch a fish, they brushed up on their casting and fly-fishing abilities. 14 seniors participated in the Alyeska Resort Tramflunch and wildlife conservation Center trip. The seniors enjoyed the ride to the top of the mountain, ate lunch and then stopped at the wildlife conservation center where they viewed bull moose, brown and black bear, caribou, deer and bison. The Bell's group made a trip to Ninilchik Senior Center and entertained the seniors having lunch. One of our seniors won a pass to travel through Denali Park in September. We will be taking 6 seniors on a trip through Denali. Stan Wells, a retired Denali Bus driver will meet us in Healy and give us a tour through the park. -135- ''tlla e with 4 N5 4 Ciwith 4 Fattfre ° 210 FidaIgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 KENALALAW f}re cif�of U MEMORANDUM DUU lei To: Rick Koch, City Manager From: Robert I Frates, Kenai Parks & Recreation Director Date: 8/12/09 RE: Mid -month Report July was a particularly busy month with a heavy focus an regular routine maintenance, watering the soccer fields, and the Personal Use Fishery. The City Dock experienced a tremendous amount of use during the fishery and staff handled the challenges extremely well. A lot of compliments were given to both Andy Bralley and Dan Evenson for facilitating use of the ramps. Kenai Little League again hosted the South Area Pool Tournament for Major Boys. Games were held on Field 92 with Soldotna and Kodiak advancing to Anchorage. It appears the City will be receiving additional USFW funding for fencing on the South Side of the Kenai River. Fencing material will be identical to what was installed on the North Beach. AA Dan Construction was awarded the job of installing a Cemetery Water Line. Water service will come off the Airport property and allow for a more efficient means to irrigate the Kenai Cemetery. The Department is getting geared up for the concrete ramp replacement project the week of August 17a'. There is some question whether or not the high water will impede efforts although preparation will continue. Six new soccer goals were built locally and delivered to the Sports Complex. A Grand Opening was held on August 7tn and enjoyed by many. State Cup began August 10't' with final games on August 15`t', The storage shelter was also competed and has been a big time savings by preventing shuffling of mowers back and forth. The Kenai Park Strip shelter project is underway. Carmody Masonry will be completing the slab and walls and Kenai Welding is handling the roof structure. 591a Kenai Community Library Monthly Report August 2009 j July Circulation Figures --- Adult Fiction 2,847 Internet Access 1,771 Adult Non -Fiction 1,747 Music 99 Periodicals 132 Puzzles 0 Juvenile Fiction 960 Videos 388 Juvenile Non -Fiction 330 DVDs 2,173 Easy Fiction 1,484 Audio books 196 Easy Non -Fiction 410 Miscellaneous 30 Interlibrary Loan 30 Computer Programs I I Total Print 7,940 Total Non -Print 4,668 Total Circulation 12,608 Internet Express Use 424 Library Boor Count....... 10,796 In -House circulation 163 Downloadable Audio 148 The total circulation for July of 2009 was 5.6% higher than the circulation in July 2008. We had 1,297 people wait -listed this month to use our computers. The average wait time for a computer was about 10 minutes. The maximum number of people waiting at one time to use a computer was 22 with the maximum wait at 101 minutes, both of these maximums occurred on July 20. These numbers are part of the statistics we get with our new time management software. This software has changed the entire climate in the library. No longer do people cluster at the front desk to ask when they might get a computer. The staff merely instructs them once in the use of the new reservation system and it either assigns them a computer or gives them a number. They can easily see when it is their turn to use a computer. The people who are waiting are much more content. There is a sense that it is a fair system and not subject to human error. We thank the Library Commission and City Council for supporting this purchase. Income Fines and Rental Books $1,569.51 Xerox 388.25 Lost/Damaged 95.99 Test Proctoring Fee 80.00 Total income 08109 $2.133.75 Volunteers Hours 1.0 83 Library Cards Issued July 2009 Internet Only 140 Kasilof 2 Kenai 69 Moose Pass I Nikiski 5 Soldotna 14 Sterling 2 Non -Resident 24 Organization & Other I Total 258 -137- To: Rick Koch, City Manager From. Gus Sandahl, Police Chief AT Date: 8/12/2009 Re: Police & Communications Department Activity — July 2009 Police handled 870 calls for service. The Communications Center received 142 emergency 9-1-1 calls. Officers made 85 arrests and wrote 297 reports. On July 21, an adult male was arrested for DUI after he was involved in a collision on Bridge Access at Beaver Loop Road. The male had crashed his pickup into a light pole, then through a fence, and he came to rest inside a self -storage yard. Traffic enforcement resulted in 193 warnings, 52 speeding tickets, 26 seatbelt tickets, 17 citations for equipment violations, and 46 citations for "other" traffic violations. There were 15 DUI arrests, which is the second month in a row with a high number of DUI arrests. There were no calls for service involving bears, which is a significant contrast from July of 2008 in which Kenai Police had 7 bear -related calls for service. Police investigated approximately 15 vehicle crashes (4 injury crashes). Three of these crashes were DUI - related. A total of 8 officers and 3 season officers worked during the 4" of July parade to help with traffic control and crowd safety. On July 1, Jim Knott and Todd Hamilton started work as police officers. Jim has over two years of law enforcement experience with the Homer Police Department. Todd had been a Kenai dispatcher prior to becoming a police officer. On July 1, Lisa Linegar started work as a new dispatcher. On July 27, Erin Pealatere started work as a dispatcher. She worked as a dispatcher with the Homer Police Department prior to this. On July 18'", Officer Kelly George attended a 5-day DARE conference in Orlando, Florida. On July 25, Officer Aaron Turnage attended quarterly K9 training with Chevron in Fairbanks. From the police perspective, we had another successful dipnet fishery. The Annual Dipnet Report will be brought before the City Manager and Council at a later date. -138- ANIMAL CONTROL REPORT July 2009 2009 2008 2009 2008 STRAY 91 119 ADOPTED 58 49 Dogs 58 64 Dogs 23 33 Cats 31 51 Cats 26 13 Other Animals 2 4 Other Animals 9 3 RELEASED BY OWNER 45 26 CLAIMED 29 35 Dogs 22 22 Dogs 26 31 Cats 15 4 Cats 2 4 Other Animals 8 5 Other Animals 1 0 D.O.A. 13 22 EUTHANIZED 49 58 Dogs 9 8 Dogs 31 21 Cats 3 5 Cats 18 37 Other Animals 1 9 Other 0 0 TOTAL ANIMALS 149 Other disposition 0 3 Borough Animals 32 42 Field Investigations 108 76 Total Dogs 89 94 Volunteer hours 81 42 Total Cats 49 60 Total phone 703 917 Total Other 11 13 Kennel Permits 0 0 -139- Date: August 13, 2009 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe of 7-16 to 8-13: Run total for this timeframe 1,007 requests for service Total last year at this time 888 requests for service 13% increase over 2008 Last 30 days 140 requests for service Summary of activities for last month. 1) Proctored one level 3 extinguisher test for State of Alaska. 2) Installed smoke detectors in 1 residential home. 3) Hosted a station tour for Nakanu students. 4) All Crews attended a 2 day Immediate Trauma Life Support class hosted at Kenai Fire Department. 5) Kenai Fire Department helped sponsor and department members attended the Leadership Conference held in Soidotna August 111h-15111 6) Organized a Community Emergency Response Team "post disaster" exercise August Sth in the Roger's road area. 7) Crews had "in house" training sessions with Kenai Peninsula College training coordinator Paul Perry. 8) Crews participated in Sexual Harassment training at City Hall, 9) Met with State Fire Marshal Dave Tyler. the ee�'of // KEHALALASKA To: Rick Koch, City Manager ""Villa la e LB N a Pas, , C# With a FGtture rr FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014 1 From: Terry Eubank, Finance Director Date: August 13, 2009 Re: Monthly Report As is typical this time of year, the department is actively working on closing of the fiscal year 2009 books, preparation of the Comprehensive Annual Financial Report, and preparation for the annual audit which will take place the last week of September. Dipnet fishery is complete for this year and the process of the annual dipnet report is commencing. A significant amount of revenue was handled in a short period of time and Parks and Recreation as well as Finance staff did an outstanding job. The financial markets continue to recover and the Airport Permanent Fund increase in value by nearly $1,000,000 in July. This is an extremely positive situation but also one that should be looked at with caution. Volatility in the market still exists and gains can quickly be replaced with equal or greater losses. Overall I believe the current policy is on track to achieve the goals described during its creation. 6nn N-1 (V 9 D) 6 K INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 19, 2009 1. 8/ 19/2009 Purchase Orders Between $2,500 and $15,000 for council review. 2. 7/09 Kenai Municipal Airport Enplanement Report. 3. 7/31/09 K. Leaf email transmission related to the new soccer fields. 4. Boys &, Girls Club of the Kenai Peninsula -- FY09 Fourth Quarter Kenai Recreation Center/Teen Center Report. 5. 8/ 18/09 Kenai Peninsula Borough Assembly meeting agenda with attachments. PURCHAoE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL KmVIEW COUNCIL MEETING OF: AUGUST 19, 2009 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT ALASKA SAFETY EQUIPMENT FOR NEW VEHICLES POLICE MACHINERY & EQUIPMENT 13,264.00 DECOR REMOVE/INSTALL NEW CARPEL' CONGREGATE HOUSING REPAIR & MAINTENANCE 3,650.00 AA DAMS CONSTRUCTION INSTALL CEMETERY WATERLINE BEAUTIFICATION IMPROVEMENTS 11,128.00 WINCE, CORTHELL, BRYSON CEMETERY WATERLINE DESIGN/INSP. BEAUTIFICATION IMPROVEMENTS 4,000.00 SIRSI DYNIX CORP. ANNUAL MAINT. AGREEMENT LIBRARY REPAIR & MAINTENANCE 6,100.83 UNIVAR RUNWAY DEICING FLUID AIRFIELD OPERATING SUPPLIES 14,782.00 OCLC ANNUAL CONTRACT LIBRARY COMMUNICATIONS 6,503.42 fm 23.36% GRANT z,a44 Mcxn Fe:pat A-vrport 76J66% ERA GRANT' Change KENA1 Combined Month AVIATION AVIATION Total 2008 from AVIATION Month Total ,nn* January 5,063 1,761 6,824 7,752 1 -928 322 7,146 February 4,369 1,602 5,971 7,032 -11061 316 6.287 March 4,592 1,437 6,029 6,911 -882 328 6,357 '1 April 4,233 1,671 5,804 7,057 -1,253 277 61081 Mav 4,968 1,543 61611 7,572 -961 248 6,859 June 5,069 1,788 6,857 8.020 -1,163 313 7,170 July 7.368 2,244 9,612 11,274 -1,662 390 10,002 August 0 10,492 Se tember 0 7,761 October 0 7,805 November 0 6,738 December 0 7,183 Totals 1 36,602 1 12.045 1 47,705 1 95,597 1 .7.910 1 2,194 1 49.902 i i Caro[Freas From: Rick Koch Sent: Friday, July 31, 2009 1:42 PM To: Carol Frees Subject: FW: Kenai Sports Complex fields Hi Carol, For the next Council packet Rick R. Koch City Manager City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907)283-8222 (907)398-0190 -----Original Message ----- From: Bob Frates [mailto:bfrates@ci.kenai.ak.usj Sent: Friday, July 31, 2009 12:03 PM To: Rick Koch Subject: Fw: Kenai Sports Complex fields ----- Original Message ----- From: "Kenny Leaf" <kleaf@gci.net> To: <bfrates@ci.kenai.ak.us> Sent: Thursday, July 30, 2009 6:31 PM Subject: Kenai Sports Complex fields > Greetings Bob. > My name is Kenny Leaf and I'm involved with the local soccer community, > including the Kenai Peninsula Soccer Club. We are absolutely out of our > minds with excitement, anticipation, and more than one helping of fear and > trepidation as we prepare to welcome the 2009 Alaska State Soccer > Tournament > to Kenai once again, > However, after taking a drive over to the new fields the City has been > creating where many of the tournament games will take place, much of my > anxiety has been relieved. After years of collegiate and club soccer > experience all around the country, I can say with confidence that we have > the makings of a truly quality facility. The turf is flat, thick, and > healthy due to the diligent efforts of City crews. I can't imagine all > that > went into the planning, design, construction and maintenance of the > Complex > to bring it to its current state, but I have to thank someone. In this > case, I believe the buck stops with you. > I would like to volunteer to help with any final preparations that need to 1 -145- > be done before the State Tournament. In particular, I know that's a lot > of > grass to mow. I only have a push mower, but I could probably come up with > something if your crews need help. > Don't hesitate to let me know. And thanks again for all your work. > > Sincerely, > Kenny Leaf > 1006 Crow Court > Kenai, AK 99611 > 398-1008 (cell) > 283-6557 (h) > 2 -146- KENAI BIRECREATION/TEEN CENTER FY09 4th QUARTER (April — June 20 9) y�ei hntRoom �.'.d��n'E. l j �o�P a i � g , art t April ( 595 j 724 463 87 _ 5031 MHY 284 1 318 117 4 2896 June 419 480 I 77 It I 1121 'Iota.l. 298 j 1532 9 1 �; 904 Note: The facility was closed the last week of May for gym floormaintenance. Attendance started to drop once the snow was gone and the skate park became available for the teens. Attendance averaged about ail a day over this reporting period. This summer also was the beginning of the "Tweenn" program. This program is geared to the 11-1.3 year olds. This group of members conducts their daily activities at the Teen Center to get them use to the environment and familiar with the workings of the center, This ;year realized about 30 Tween members. The Teen Center is in the process of being painted and updated where possible. A new movie room has been set up with a bib screen tv and a surround sound stereo system. Please steep by anytime and check out what is happening! Respectfully Submitted, James A. Clark Interim Executive Director Boys & Girls Clubs of the Kenai peninsula SEM Rec Center Use- April 2009 DATE Aught Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 1st 26 12 16 7 161 222 2nd 19 24 33 12 87 175 3rd 23 51 53 16 190 333 4th 28 43 22 20 246 359 5th 9 6 0 0 82 97 6th 23 24 24 8 170 249 7th 15 13 18 2 109 158 Sth 25 22 20 0 211 278 9th 19 27 13 0 73 132 10th 26 31 14 0 269 340 11th 15 33 37 0 563 668 12th 2 3 0 0 29 34 13th 30 27 21 0 123 201 14th 17 13 43 0 73 146 15th 31 44 18 0 193 286 16th 27 30 8 14 69 148 17th 14 24 22 0 233 293 18th 23 18 0 6 453 494 19th 6 2 12 0 8 28 20th 17 46 10 2 US 220 21st 15 20 16 0 50 101 22nd 31 30 6 0 115 182 23rd 29 37 10 0 258 334 24th 26 is 2 0 257 303 25th 20 20 8 0 485 533 26th 11 0 0 0 19 30 27th 21 26 0 0 135 182 28th 19 15 16 0 65 115 29th 20 32 5 0 104 161 30th 7 33 16 6 36 98 31 St 0 BOB 724 463 87 5031 6900 Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym 595 724 463 67 5031 6900 E, CENTER USE BY AREA (April) VStght Room Raq. Court 1 w Kaq. Court 2 Raq. Court 3 Stvyrrr - J t.O Rec Center m May 2009 DATE Wght Room Raq. Curt 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 1st 16 6 24 0 179 225 2nd 10 16 2 0 388 416 4th 16 33 14 2 471 236 5th 13 13 2 0 138 166 6th 11 29 6 0 182 228 7th 14 34 10 0 123 181 8th 17 22 4 2 74 119 9th 13 9 1 0 831 854 11th 17 32 4 0 61 114 12th 12 0 8 0 26 46 13th 16 22 4 0 84 126 14th 14 20 6 0 69 109 15th 16 17 4 0 80 117 16th 10 0 0 0 104 114 18th 20 27 14 0 40 lei 19th 10 6 0 0 26 42 20th 15 15 12 0 127 169 21st 22 15 2 0 90 129 22nd 14 0 0 0 37 61 23rd 8 2 0 0 66 76 25th xxx xxx xxx xxx xxx 0 26th xxx xxx xxx xxx xxx 27th xxx xxx xxx xxx xxx 0 28th xxx xxx xxx xxx xxx 0 29th xxx xxx xxx xxx xxx 0 30th xxx xxx xxx xxx xxx 0 284 318 117 4 Wght Room Raq. Court 1 Raq. Curt 2 Raq. Court 3 284 318 117 2896 3619 Gym 3619 11Wght Room (NRaq. Court 1 ERaq. Court 2, M Raq. Court 3 i LGy DATE Wght Room Raq, Court 1 Raq. Court 2 Raq. Court 3 Gym 1st xxx xxx xxx xxx xxx 2nd 2 0 0 0 0 3rd 10 14 4 0 1 4th 15 6 0 0 2 5th 7 16 4 0 3 6th 13 12 0 0 0 8th 18 4 0 0 Ira 9th 16 14 0 0 40 1Oth 23 12 2 0 77 11th 14 32 22 0 102 12th 27 16 0 0 33 13th 12 12 0 0 41 15th 14 30 0 0 62 16th 16 10 12 0 23 17th 6 38 0 0 53 18th 17 26 0 0 49 19th 16 20 0 0 22 20th 22 26 0 0 48 22nd 34 28 0 0 76 23rd 22 10 23 0 42 24th 23 32 0 0 83 25th 12 36 10 0 80 26th 21 24 0 0 71 27th 30 0 0 0 54 29th 16 32 0 0 54 30th 13 30 0 0 30 419 80 77 a. Wght Room Raq. Court I nCourt 1121 Gym 1121 REC CENTER USE BY AREA (June) TOTAL 0 2 29 23 30 25 97 70 114 170 76 65 106 61 97 92 58 96 138 97 138 138 116 84 102 73 F so Wght Room *Raq. Court 1 * Raq. Court 2 * Raq. Court 3 . NGym August 18, 2009 - 7:00 PM Regular Meeting Borough Assembly Chambers, Soldotm, Alaska A. CALL TO ORDER Willi Martin B. PLEDGE OF ALLEGIANCE 4ssembly President ,eat 9-South Peninsula INVOCATION Perm Expires2009r-• oete Sprague D. ROLL CALL 4ssembly Vice President feat 4 - Soldoma Fenn Expires 2010 E. COMMITTEE REPORTS oaul Fischer F. APPROVAL OF AGENDA AND CONSENT AGENDA 4ssembly Member (All items listed with an asterisk (*) are considered to be routine and non -controversial by the Seat 7 - Central Assembly and will be approved by one motion. There will be no separate discussion of these rerm Expires 2010 items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) 3ary Knapp 4ssembly Member Sear I-Kah/ornsky G. APPROVAL OF MINUTES rerm Expires 2009 * 1. August 4, 2009 Regular Assembly Meeting Minutes .......... i 4z.mibly Member Seat 6 - East Peninsula H. COMMENDING RESOLUTIONS AND PROCLAMATIONS Term Expires 2009 Charlie Pierce I. PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 4ssembly Member SeatS-Sterling/Funny River I.- KPBSD -Steve Atwater and Sammy Crawford - Quarterly Term Expires 2011 Report (10 minutes) Hal Smalley _ Assembly Member 2. Jeremy Mathis, Physical Oceanographer & Assistant Seat 2 - Kenai Professor in Chemical Oceanography from UAF Institute of Term Expires 2011 Marine Science, "Ocean Acidification" (10 minutes) ........... 22 Bill Smith .,4ssembly Member _ J. PUBLIC COMMENTS ON ITEMS :NOT ' APPEARING ON THE. .. Seat 8 - Hamer Term Expires 2011 AGENDA (3 minutes per speaker; 20 minutes aggregate) Gary Superman K. MAYOR'S REPORT ....................................... 35 Assembly Member Seat 3 - Nikiski Term Expires 2010 1. Agreements and Contracts a Sole Source Purchase Request for the Annual Maintenance of the Kenai Peninsula Borough's Unisys Development Software ..... . ............... 36 August 18, 2009 Page 1 of 5 -151- 2. Other a. Project Reports - June 2009................................... 37 b. Budget Revisions - June 2009................................. 52 c, Revenue -Expenditure Report - June 2009 ........................ 58 d. Investment Portfolio Report as of June 30, 2009 ................... 61 L. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None M. PUBLIC HEARLNGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2008-19-23: Appropriating $550,000 from the Nikiski Fire Service Area Capital Proj cot Fund for Purchase of aNew Type A Fire Engine (Mayor) (Referred to Finance Committee) .................... , , , 63 2. Ordinance 2009-34: Amending KPB 17.10.180 to Provide Authority to Permit Temporary Use of Borough Land for up to Five Years and to Clarify the Process for Denial of Permit Applications (Mayor) (Referred to Lands Committee)........................................73 3. Ordinance 2009-37: Amending KPB 17.10.185 to Provide Authorityto Enter into Agreements that Provide for Third Party Management of Public Trails on Borough Land (Mayor) (Referred to Lands Committee) ................ 81 N. UNFINISHED BUSINESS -None *3 lam.* -1 1. Bid Awards *a. Resolution 2009-073: Authorizing Capital Improvement Project Cost Allocation and Award of a Contract for the FY2010 East End Road Capital Improvement Project (Mayor) (Referred to Finance Committee)...............................................86 2. Resolutions *a. Resolution 2009-074: Authorizing the Mayor to Negotiate with the City of Kenai to Manufacture and Remove Filter Rock, "B" Rock, -- ` and. Armor Rock from Kenai Peninsula Borough Rock Quarries s (Knopp) (Referred to Lands Committee) ......................... 89 August 1.8, 2009 Page 2 of 5 sm-A August 18, 2009 *b. Resolution .2009-075: Authorizing the Borough to Extend the Contract for Health Benefits Consulting Services with Alaska USA Insurance Brokers (Mayor) (Referred to Policies and Procedures Committee)...............................................92 3. Ordinances *a. Ordinance 2009-19-02: Appropriating $300,000 to the Solid Waste Capital Project Fund for Design and Development Costs Associated with Cell #2 at the Central Peninsula Landfill (Mayor) (Hearing on 09/15/09) (Referred to Finance Committee) ................. . .... 95 *b. Ordinance 2009-19-03: Accepting and Appropriating $25,225 from the Alaska Department of Military and Veteran Affairs, Division of Homeland Security and Emergency Management, to Support the Activities of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (hearing on 09/15/09) (Referred to Finance Committee)..............................................100 *c. Ordinance 2009-19-04: Appropriating $12,595.50 in Supplemental Funding for the Purchase and Installation of a Consolette and Antenna System by the Kachemak Emergency Service Area (Mayor) (Shortened Hearing on 09/01/09) (Referred to Finance Committee) ... 1.07 *d. Ordinance 2009-46: Authorizing the Assessor to Accept the Late -Filed Senior Citizen Exemption Application ofDeborah Crocker for 2009 (Martin) (Hearing on 09/15/09) (Referred to Policies and Procedures Committee) .......................... .......... 110 4. Other *a. Authorizing an Application for a New Liquor License filed by Vern Kingsford dba African Sky Imports (Referred to Finance Committee) .............115 *b. Confirming the Appointments to the KPB-Cooper Landing Advisory Planning Commission (Referred to Policies and Procedures) ........ 124 A mimment Board Seat Term. Expires Sandra Key Holsten Seat E September 30, 2012 Karl Romig Seat F September 30, 2012 Page 3 of 5 -153- 91 501 R. S. August 18, 2009 C. Approval of Ballot Proposition Summary (Referred to Policies and Procedures) ......... .............. .......... I.....I... ...127 Proposition No.1: Limiting Tenns of Office for the Assembly to Two Consecutive Terms PUBLIC COMMENTS AND PUBLIC PRE SEIV'TATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS September 1, 2009 Regular Assembly Meeting 7:00 PM Soldoma ASSEi>rBI COMMENToz PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution 2009-017. Supporting the Proposed Closure of Portions of Peterson and China Poot Bays to Shellfish Harvest to Sustain Educational Use (Martin) (Referred to Legislative Committee) Tabled 03103109 2. Resolution 2009-072: Approving Job Descriptions for Administrative Service Employees (Smith) (Postponed until 09/01/09) (Referred to Policies and Procedures Committee) 3. Ordinance 2009-03.: Amending KPB Chapter 5.35, Special Assessments —Public Utilities, to Redefine Benefitted Parcels to Include Those Whose Owners Approve the Assessment District and Intend to Connect to the Main Utility Line (Superman, Knopp) (Referred to Policies and Procedures Committee) Tabled 03103109 4. Ordinance 2009-32 (Fischer) Substitute: Establishing the Central Peninsula Multi -Use Facility Service Area (Fischer) (Referred to Legislative Committee) Tabled 08104109 5. Ordinance 2009-35: Providing for Submission to the Qualified Voters of the Kenai Peninsula Borough Central Peninsula Multi -Use Facility Service Area the Question of the Issuance of General Obligation Bonds of the Central Peninsula Multi -Use Facility Service Area in the Aggregate Principal Amount of Not -To -Exceed $25,500,000 to Pay a Portion of the Costs of the Capital Improvements, at an Election in and for the Central Peninsula Multi -Use Facility Service Area (Sprague) (Referred to Legislative Committee) Tabled 08104109 Page 4 of 5 -154- 6. Ordinance 2009-42: Authorizing the Mayor to Enter into an Agreement to Transfer Artifacts to the Native Village of Tyonek and to Authorize the Mayor to Execute the Programmatic Agreement tinder Section 106 of the National. Historic Preservation Act Related to the Chuima Coal Project (Mayor) (Hearing on 09101/09) (Referred to Policies and Procedures Committee) 7. Ordinance 2009-43: Approving Percy Hope andDiscovery Park R-M. Mixed - Residential Local Option Zoning Districts, and Amending KPB 21.46.030 and KPB 21.44.230 Local Option Zoning District (Mayor) (Hearing on 09/01/09) (Referred to Lands Committee) 8, Ordinance 2009-45: Authorizing the Borough to Enter into a Supplemental Cooperative Agreement with the Natural Resources Conservation Service Regarding the Old Mill Subdivision Buyout Program Located in the Seward Area (Long, Mayor) (Hearing on 09/01/09) (Referred to Lands Committee) U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on September 1, 2009, at 7:00 P.M. in the Borough, Assembly Chambers, Soidoma, Alaska This meeting will be broadcast on KDEL-FM 91.9 (Central Peninsula), KBBI AM' 890 (South Peninsula), K201 AO -FM 88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Once in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 478-4441, Ext. 2160, Visit our website at www.bcrough.kenai.ak.us far copies of the agenda, meeting summaries, ordinances and resolutions. August 18, 2009 Page 5 of 5 -155- Introduced by: Knapp Date: 08/19/09 Action:. Vote: KEN -Ad PENINSULA BOROUGH RESOLUTION 2009-074 I ! ! • •RAJW:. �,•• 11 •• w �•� •e NVHEREAS, the ongoing erosion of the Kenai River bluff has caused the loss of property, infrastructure, and other improvements and has also inhibited investment and development, depressing values of properties in the City of Kenai and the Kenai Peninsula Borough, and WHEREAS, the U.S. Army Corps of Engineers has undertaken a project to determine feasibility, design, and construction of an erosion control project to eliminate the ongoing erasion of the Kenai River bluff; and WHEREAS, the City of Kenai requires approximately 20,000 tons of filter rock, 30,000 tons of "B" rock, and 50,000 tons of armor rock as an integral component of this project; and WHEREAS, the Kenai Peninsula Borough assembly supports the City of Kenai's efforts to acquire and utilize this rock from the borough on terms negotiated with the borough mayor; and WHEREAS, the Kenai Peninsula Borough owns several hard rock quarries which may contain rock meeting the U.S. Army Corp of Engineers' specifications; and WHEREAS, a significant amount of by-product (smaller rock) is produced while manufacturing armor rock, and as much as 500,600 tons of smaller processed rock will remain the property of the Borough and be available for Borough use and/or sale; and WHEREAS, the value of the rock manufactured and used by the City of Kenai on the Bluff Erosion Control Project will be an in -kind contribution to the project, and may leverage as much as $13,000,000 in federal participation; NOW •` B, IT RESOLVED1 PENINSULA BOROUGH: Kenai Peninsula Borough, Alaska Resolution 2009-074 Pagel of SECTION 1. That the mayor is authorized to negotiate with the City of Kenai to manufacture and remove filter rock, "B" rock, and armor rock from Kenai Peninsula Borough rock quarries with no borough charge, recognizing the substantial value of the by- product that remains the property of the Borough and the costs incurred by the city in this process. SECTION 2. That the City of Kenai will submit to the Borough a management and mining plan prior to any work being performed. SECTION 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE ASSEMBLY OF THE KEENAI PENINSULA BOROUGH THIS 1STH DAY OF AUGUST, 2009. Milli Martin, Assembly President ATTEST: Johni Blankenship, Borough Clerk Yes: No: Absent: Resolution 2009-074 Kenai Peninsula Borough, Alaska Page 2 of 2 -�b57- E AI PENINSULA BOROUGH 14 North Binkdey Street Y Soidotna, Alaska 99669-7520 Toll -free within the Borough: 1.800-476.4441 PHONE: (907) 262-4441 s FAX: (907) 262-1892 www.borough.kenaLak.us TO: Milli Martin, Assembly President Members, Kenai Peninsula Borough Assembly FROM: Gary Knopp, Assembly Member �J. , DATE: August 6, 2009 SUBJECT: Resolution 2009- ( Llir , authorizing the mayor to negotiate with the City of Kenai to manufacture and remove rock from Kenai Peninsula Borough rock quarries The City of Kenai has been attempting to slow the, ongoing erosion of the Kenai River bluff for years as it has caused the loss of property, infrastructure, and other improvements, depressing the value of property in the City of Kenai and the borough. As a part of this effort, the U.S. Army Corps of Engineers is working on a project to determine the feasibility, design, and construction of an erosion control project to eliminate this ongoing erosion. Significant amounts of armor, filter, and `B" rock are needed for this project. The City of Kenai has asked the Kenai Peninsula Borough to allow the City of Kenai to remove as much rock from borough quarries as may be available for this project and to waive the borough's fees for doing so. In exchange for this removal of large rock, a significant amount of by-product would be produced, resulting in as much as 500,000 tons of smaller processed rock which would be available for borough use and/or sale. The City of Kenai has indicated it could use the large rock as an in -kind contribution and may leverage as much as $13 million in federal participation for this project. This resolution would authorize the mayor to negotiate with the City of Kenai to manufacture and remove the necessary filter rock, "B" rock, and armor rock from Kenai Peninsula Borough rock quarries without a borough charge. Your support of this resolution would be appreciated. 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 19, 2009. 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.) a. Substitute Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." Ordinance No. 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. 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 ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. 4. Ordinance No. 2429-2009 -- Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. S. Ordinance No. 2430-2009 -- Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant. 6. 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. 7. 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. 8. Resolution No. 2009-52 -- Setting the Time and Place for a Public Hearing on the South Ames Road LID Street Improvement Special Assessment District. 9. Resolution No. 2009-53 -- Awarding the Bid to Brenntag Pacific, Inc. for Miscellaneous Chemicals --August 2009. 10. Resolution No. 2009-54 -- Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs--2009 for the Total Amount of $46,936.00. 11. Resolution No. 2009-55 -- Authorizing a Budget Transfer Within the General Fund, Buildings, and Non -Departmental Departments for a Citywide Information Technology System Study. 12. Resolution No. 2009-56 -- Directing the Administration to Enter Into a Grant Agreement With the Boys and Girls Club of the Kenai Peninsula for Fiscal Year 2010 Funding of the Kenai Clubhouse in the Amount of $45,000. 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: August 14, 2009 CITY OF KEAAI ADOPTED AT THE AUGUST 19, 00 COUNCIL NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at its regular meeting of August 19, 2009. 1. Substitute Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." 2. 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. 3. Ordinance No. 2429-2009 -- Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. 4. Ordinance No. 2430-2009 -- Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant. 5. 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. 6. 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. 7. Resolution No. 2009-52 -- Setting the Time and Place for a Public Hearing on the South Ames Road LID Street Improvement Special Assessment District. 8. Resolution No. 2009-53 -- Awarding the Bid to Brenntag Pacific, Inc. for Miscellaneous Chemicals --August 2009. 9. Resolution No. 2009-54 -- Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs--2009 for the Total Amount of $46,936.00. 10. Resolution No. 2009-55 -- Authorizing a Budget Transfer Within the General Fund, Buildings, and Non -Departmental Departments for a Citywide Information Technology System Study. IL Resolution No. 2009-56 -- Directing the Administration to Enter Into a Grant Agreement With the Boys and Girls Club of the Kenai Peninsula for Fiscal Year 2010 Funding of the Kenai Clubhouse in the Amount of $45,000. 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 amen d by the Council prior to adoption without further'public notice. Carol L. Freas, Kenai City Clerk Posted: August 19, 2009 AGENDA KENAI CITY COUNCIL — REGULAR MEETING AUGUST 19, 2009 wxwn� 7:00 P.M. U KENAI CITY COUNCIL CHAMBERS http://www.ci. kenaiak. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 1. 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" a. Substitute Ordinance No. 2396-2009 -- Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and' Regulations Concerning Public Record Inspections." 2. 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. 3. 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 ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. 4. Ordinance No. 2429-2009 -- Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. 5, Ordinance No. 2430-2009 -- Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant, 6. 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. 7. 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. 8. Resolution No. 2009-52 -- Setting the Time and Place for a Public Hearing on the South Ames Road LID Street Improvement Special Assessment District. 9. Resolution No. 2009-63 -- Awarding the Bid to Brenntag Pacific, Inc. for Miscellaneous Chemicals --August 2009. 10. Resolution No. 2009-64 -- Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs--2009 for the Total Amount of $46,936.00. 11. Resolution No. 2009-65 --Authorizing a Budget Transfer Within the General Fund, Buildings, and Non -Departmental Departments for a Citywide Information Technology System Study. 12. Resolution No. 2009-56 -- Directing the Administration to Enter Into a Grant Agreement With the Boys and Girls Club of the Kenai Peninsula for Fiscal Year 2010 Funding of the Kenai Clubhouse in the Amount of $45,000. ITEM F: UNFINISHED BUSINESS -- None ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15000. 3. *Ordinance No. 2433-2009 -- Amending KMC 1.15.040 (Agenda and Packet -Development, Preparation, Distribution, Publication, Late Materials) to Include a Subsection Providing for the Clerk's Preparation of the Agenda. 4. *Ordinance No. 2434-2009 -- Amending KMC14.25 (Landscaping/Site Plan Regulations) by Amending KMC 14.25.020 (Application) and Enacting a New Section KMC 14.25.025 (Retention Basins) to Provide Landscaping and Site Plan Requirements for the Development of Retention Basins. 5. *Ordinance No. 2435-2009 -- Amending the Land Use Table in KMC14.22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Permit in the Townsite Historic Zone (TSH). 6. Approval -- Amendment/City Manager Contract. 7. Approval -- Change Order No. 2/Kenai Courthouse Parking Expansion 2009. 8. Approval -- City of Kenai Proposition A Ballot Summary for Kenai Peninsula Borough Voter Pamphlet. 9. Discussion -- Proposition Informational Flyer/DRAFT EXECUTIVE SESSION --. City Attorney Exit Interview 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 http7/winnv.ci.kenai.aku5. Carol L. Frees, City Clerk D/211