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c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at
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soon as possible before leaving the office for the weekend.
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ADD TO: D-1, Approval/proposition A Informational Flyer --
® Updated Informational Flyer
• Flyer of MAPS Neighbors
• 9/ 1 /09 C. Winegarden Letter w/attachment
L Porter suggested amendments to flyer ADMINISTRATION
ADD TO: D-2, Ordinance No. 2428-2009 -- T. Eubank memorandum
of explanation for suggested changes to the code. FINANCE DIRECTOR
CONSENT AGENDA
No changes.
F.Tem
KENAI CITY COUNCIL - REGULAR MEETING
SEPTEMBER 2, 2009
7:OO P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.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: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
Approval (Public Comment to be Taken) -- Proposition A Informational Flyer.....
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................................................................................................. 12
(Clerk's Note: At the August 19, 2009 council meeting, Ordinance No. 2428-2009
was postponed to September 2, 2009. The motion to adopt is active.)
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 ....................... 14
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 ........................... 18
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)................................................ 22
6. Ordinance No. 2440-2009 -- Increasing Estimated Revenues and
Appropriations by $9,000.00 in the General Fund - Communications
Machinery and Equipment for the Purchase of a Replacement Stancil Recording
Server That Has Failed Unexpectedly............................................................... 32
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous Vote)
C. Motion for Adoption
ITEM E: MINUTES
1. *Regular Meeting of August 19, 2009.............................................................. 35
ITEM F:
ITEM G: NEW BUSINESS
1. Bills to be Ratified......................................................................................... 58
2. Approval of Purchase Orders Exceeding$15,000............................................. 59
3. *Ordinance No. 2436-2009 -- Increasing Estimated Revenues and
Appropriations by $938.08 in the General Fund for Bureau of Highway Patrol
Equipment Expenses..................................................................................... 62
4. *Ordinance No. 2437-2009 -- Increasing Estimated Revenues and
Appropriations by $5,625.00 in the Congregate Housing Fund, Professional
Services for an Increase in the Caretaker Contract in Excess of Originally
BudgetedAmounts........................................................................................ 64
S. *Ordinance No. 2438-2009 -- Increasing Estimated Revenues and
Appropriations by $18,628.00 in the Congregate Housing Fund, Repair and
Maintenance for Installation of Landscaping Sprinklers Along the Front of the
Vintage Pointe Housing Facility...................................................................... 66
6. *Ordinance No. 2439-2009 -- Increasing Estimated Revenues and
Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in
Excess of Originally Budgeted Amounts......................................................... 68
7. Approval -- Appointment of Election Boards ................................................... 70
ITEM H: COMMISSION/COMMITTEE REPORTS
1. Council on Aging............................................................................................ 71
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.................................................................... 76
e. Kenai Convention & Visitors Bureau...........................................................
f. Reports of KPB Assembly, Legislators and Councils .....................................
ITEM I: REPORT OF THE MAYOR ........................................................
ITEM J: ADMINISTRATION REPORTS
1. City Manager.................................................................................................
2. City Attorney.................................................................................................
3. City Clerk......................................................................................................
ITEM K: DISCUSSION
1. Citizens (five minutes)
2. Council
ITEM L: PENDING LEGISLATION (Items listed below are legislation which
will be addressed at a later date as noted and are not action items
for this meeting.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR I) 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 -- None Scheduled.
ITEM M: ADJOURNMENT
INFORMATION ITEMS
SEPTEMBER 2, 2009
Page
No.
1. 9/2/2009 Purchase Orders Between $2,500 and $15,000 for council review...... 81
2. 8/ 10/09 J. Harris email transmission thank -you letter related to the relocation
ofthe historic cabins...................................................................................... 82
3. Draft/Updated Kenai Convention & Visitors Bureau Management Contract........ 83
4. 9/2/09 Public Works Department, Project Status Report ................................... 96
5. 8/20/09 Senator T. Wagoner letter related to the right-of-way along the road to
the Wildwood Correctional Facility. ..... ............................................................ 97
6. 9/ 1/09 Kenai Peninsula Borough Assembly Meeting Agenda ............................. 98
"Village with a Past C# with a Future ®'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
f Telephone: (907) 283-7535 / Fax: (907) 283-3014
-= www.ci.kenai.ak.us
ME Lt� a/
KENALALASKA
MEMORANDUM
TO: Mayor/Council Members
FROM: Carol L. Freas, City Clerk
Christine Cunningham, Assi tant to the City Manager
DATE: August 28, 2009
RE: AUGUST 27, 2009 WORK SESS10N
Following is a list of concerns/comments from the August 27, 2009 council work
session related to the Proposition A Informational Flyer:
• Objection to #4 of Comprehensive Plan being highlighted
• Objection to omission of Comprehensive Plan language protecting residential
• Objection to use of Comprehensive Plan in brochure
• Note KMC 12.05.010(A)(3) requires P&Z to look at Comprehensive Plan
• Objection to:
-- First question: Did not think there was authority to support the
sentence; reference to the Comprehensive Plan should be removed as he did not
feel the City had complied with the yearly review and public hearing; and, did
not think the answer was correct.
Second question: Did not feel it should be in the brochure.
Third question: Disputed the statement "characterized as
beneficial' and felt the question should not be in the brochure.
-- Fourth question Since there had been no discussion related to
commercial signs on Magic during council meetings, it should not be included
in the brochure.
• Objection to characterization of LC zone as beneficial in question #3
• Objection to #5 (signs). Signs were never discussed.
• Request to see "Pro/Con" Answers to Questions
• Example of good questions: "Does re -zone comply with Comp. Plan" or "Where
is transition to support LC"
• Objection to chart not listing restaurants
-3-
• Note 22 families in re -zone area
•. Request "Yes" and "No" vote be side by side and same color
• Object to word "Returns" (in vote boxes) as being negative and request word
"Affirms" instead of "Returns"
• Objection to photos as irrelevant
• Objection to information table using word "vacant"
• Objection to number of properties as "T'
• Request correct number of properties is "6"
• "Objection to word "multi -unit"
• Dividing out uses looks like less impact
• Suggestion: Include Public Lands in information table
• Suggestion: Combine uses in informational table
• Suggestion: Use word "duplex" instead of "multi -unit" in informational table.
• Objection to number of tables.
• Note absence of Ordinance in brochure
• Suggestion: Add whereas language from Ordinance
• Suggestion: Information showing industrial district transition
• Suggestion: Map include transition, show other uses RRl and Education
• Suggestion: Word "Restore" instead of "Return" in voter box
• Suggestion: The purpose of pamphlet be printed in pamphlet
M
Suggested by: Administration
;t3Y6'Lrla s�Ti
ORDINANCE NO. 2393-2009
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
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 (RRI) AND CONSERVATION (C)
TO LIMITED COMMERCIAL (LC).
WHEREAS, on September 24 and November 12, 2008, the Planning and Zoning
Commission held a public hearing on a request from the owner of Tract A, Papa Joe's
Subdivision Chumley Replat and the Commission's recommendation was forwarded to
City Council; and,
WHEREAS, City Council held a public hearing on December 3, 2008, and tabled
action on the ordinance and requested that administration bring back a more
comprehensive plan for rezoning the area; and,
WHEREAS, administration's recommendation was to consider the area located north
of the Kenai Spur Highway West of McCollum Drive to No -Name Creek; and,
WHEREAS, an application was submitted by Rick Koch, Kenai City Manager, to rezone
the properties recommended by administration; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on February
11, 2009, received public testimony and voted 3 to 4 against rezoning the parcels;
and,
WHEREAS, theareato be rezoned is approximately 22 acres and meets the size
requirements of KMC 14.20.270; and,
WHEREAS, the area to be rezoned includes parcels zoned both Rural Residential
(RR1) and Conservation (C); and,
WHEREAS, increased traffic along the Kenai Spur Highway has limited :the residential
development in the area to be rezoned; and,
WHEREAS, limiting development along the highway to solely residential may result in
vacant and run-down homes along the highway; and,
WHEREAS, the Comprehensive Plan recommends zoning suitable for all land uses and
to prepare criteria and standards under which compatible mixed uses are allowed to
ensure that the uses are compatible with surrounding uses; and,
New Teart UnderEned; (DELETED TEXT
-5-
Ordinance No. 2393-2009
Page 2 of 2
WHEREAS, the Limited. Commercial (LC) was developed to provide a transition area
between commercial and residential districts, allowing low to medium volume
business, mixed residential and other compatible uses and specifies development
criteria for separate uses; and,
WHEREAS, rezoning these parcels will provide a transition area between the
commercial/fight industrial districts and the residential districts along the Kenai Spur
Highway; and,
WHEREAS, rezoning these parcels to Limited Commercial (LC) is consistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the official Kenai Zoning Map is amended by rezoning the properties as
shown on Attachment "A" and Attachment "B" from Rural Residential 1 (RR1) and
Conservation (C)to Limited Commercial (LC).
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of April,
2009.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: March 18, 2009
Adopted: April 1, 2009
Effective: May 1, 2009
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 230 __e -Attachment 6
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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. The City is now at the next
step in the process — determining areas for possible rezoning.
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 priorto 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 self 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.
ME
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 a
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 an alternative to the 10-
foot landscaping buffer. My opinion was that fencing with trees would provide for the best buffer;
however, plans are reviewed based on the development and whether or not that would be required
would be determined when a plan is reviewed.
sm
If LC zoning has more in protection for residences than RR1, 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 14lots to LC in a RR1 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 RR1 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 RR1 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 RR! 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 RR1.
-11-
FQ
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In April2009 the City of Kenai rezoned a portion of MAPS, a rural residential neighborhood to limited commercial.
The fight to protect the integrity of our neighborhood has generated several misconceptions:
MYTH
FACT
The MAPS neighbor did not want a professional
The neighbors have always supported a dentist office
building in their neighborhood.
being built, and it could have been built under RRI
zoning.
The Kenai City Council is simply doing its job.
This ordinance is not consistent with the Kenai
Comprehensive Plan, Zoning Code, or Zoning Maps.
The Kenai Planning and Zoning Commission did NOT
support the rezone.
MAPS residents are anti -development.
The neighbors would like to adhere to Kenai's
Comprehensive Plan developed by the residents of
Kenai which protects neighborhoods and encourages
commercial development in the center of Kenai.
We need to commercialize these lots so that the City
Rezoning this area does not revitalize our City center
of Kenai can grow.
where there are numerous vacant buildings. This
ordinance simply allows urban sprawl and
undermines the viability of existing businesses in the;
center of Kenai.
Your neighborhood is safe.
The Kenai City Council can rezone your home to any
commercial zone without your consent and against
your will. Just ask the people in the Maps
neighborhood whose homes were rezoned.
Know the facts y- Vote YES to protect all neighborhoods
mapskenai.com
httpJ/Nww.youtube.com[userjThecomob update`
http://groups.yahoo.com/group/KenaiNeighbors/
Paid for by; MAPS neighbors Petria Palkenberg Treasurer394-2646.
Charles A. Winegarden William B. Walton
220 Main Street Loop, Suite B
Kenai, Alaska 99611
September 1, 2009
Carol L. Freas
City Clerk
210 Fidalgo Ave.
Kenai, AK 99611-3014
Re: August 27, 2009 Work Session
Dear Ms. Freas:
Phone: (907) 283-5774
Fax: (907)283-5771
I would appreciate this letter to be part of the materials presented at the City
Council meeting on September 2, 2009 as I will not be able to be at the meeting. I was
disappointed that only 2 of the 4 council members who voted for the rezone were at the
work session.
I do appreciated Council member Joe Moore's frankness when he stated that the
brochure was biased and that he had no problem spending tax payer money on the
brochure.
In my opinion, Council member Barry Etheridge's statement that the council
listened to our concerns and changed the LC zone criteria accordingly is incorrect. Our
concerns were that we did not want the area rezoned to Limited Commercial. In spite
of overwhelming testimony against the rezone and the failure of the Planning and
Zoning Commission to recommend rezoning, the City Council voted to rezone.
Changing the LC criteria offers no assurance as zoning criteria can be easily changed
as the changes to the LC zone criteria has demonstrated over the last several months.
My objections to the brochure are attached with the addition that goal number 4
of the Comprehensive Plan should not be emphasized as it gives the impression that
the goal is more important than the other goals.
Sincerely,
.cu W
Charles Winegarden Carol Schweitzer, Paralegal
}ueinda Corning, Paralegal
"nail.•guf-Mael� p�q„nh,glue.rmt
Page I of 2
Win ardan & Walton
From: "Bob Molloy"
To: "Carol Freas"
Cc: "Rick Koch" <
Sent: Thursday,
Subject: Fwd: Pam
inai.ak.us>; "Joe Moore"
nm>; "Hal Smalley" <hvt
"Krista Steams" <ksteam
"Mike Boyle" <mboyle(
2009 2:55 PM
m>; -Be" Eldridge"
i>; "Richard Ross"
"Charles Winegarden"
We Porter"
Hi Carol:
Can you please add this email message from the Sponsor of Ballot Proposition A as a lay down for this
afternoon's work session? Thank you -
Bob Molloy
cc: Sponsor; Council Members, CM & CA
Begin forwarded message:
From: Winegarden & Walton <wfwlaw@acsalaskanet>
Date: August 27, 2009 2:51:14 PM ADT
To: bob@molloyforcouncil.com
Subject: Pamphlet
To Council Person Molloy: I have these comments concerning the pamphlet
I. The answer to the fast question is greatly misleading. Specifically, the sentences: "The
City of Kenai adopted the most recent Compreshensive 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." - can not be supported by the
wording of the Comprehensive Plan and I would like to see a reference. Further, the
Plan did identify areas where neighborhood commercial could be zoned. None of those
areas are in the recent rezone. Please see Maps 10 and 11. Further KCC 14.05.010(a)(3)
requires:
Review the City of Kenai Comprehensive Plan on an annual basis and conduct a minimum
of one (1) public hearing. Said recommendations shall be forwarded to the Council for
consideration.
This code section has not been followed but even recent changes have not effected the
rezone area
2. The question on the mill rate is saying, in effect, that whether the mill rate goes up or not
is not our problem. We are blaming that on the Borough although the City will benefit
greatly by an increased valuation but that is not mentioned.
3. The question concerning landscaping is again misleading. Who characterized the LC
Zone as beneficial. Do the residents there agree with this classification and have they been
givennotice of this classificaion and opportunity to respond?
4. Commercial signs and Magic Ave extension are red herrings. They have not been an
issue in public hearings.
5. Questions should be asked with pro and con answers a) does the rezone confrom to the
8/31/2009
Page 2 of Z
Comprehensive Plan and b) where is the transisition from commercial to residential take
place that requires the LC Zone. Access roads are contemplated because of safety
problems. Who is going to pay for these improvements which would include an overhead
walkway like Fairbanks.
6. The chart showing differences in the RRi Zone and LC Zone does not include
restaurants, dry cleaner and self service laundries and massage therapists as they are all
permitted uses. The 3000 square feet limitation does not stop a fast food vendor from
setting up across from the high school
7. As Mrs. Espy previously pointed out in public testimony, the land use chart is inaccurate
and misleading. There are 22 families living in the rezoned area.
8. The pictures are misleading as only one of them was taken in the rezoned area and that
shows a view in the wrong direction. The rezoned area is not shown and the school should
be included.
9. The box containing the "A Yes Vote" is colored red. Red is universially recognized at
an indication of danger or stop. It is located below the No box indicating inferior. The Yes
fades into the color red.
10. The box containing the "A No Vote" is blue which is universially recognized as
calmness, loyalty and importance. The NO stands out over the blue and the very words
City Council adds priority over the no as No is identified with an entity and yes is not
identified with anyone. To be impartial and using the same thought the yes box should be
worded. "A Yes vote affirms the MAPS residents referendum to return the rezone to RRI"
11. The boxes should he side by side using the same background and foreground colors.
Charles A. Winegarden
Winegarden& Walton
220 Main Steet Loop, Suite B
Kenai, Alaska 99611
Phone: (907) 283-5774
Fax: (907) 283-5771
NEW EMAIL: wfwlaw@acsalaska.net
THIS MESSAGE, INCLUDING ANY ATTACHMENTS, IS FOR THE SOLE USE OF
THE INTENDED RECIPIENT(S) AND MAY CONTAIN ATTORNEY -CLIENT
CONFIDENTIAL OR PRIVELEDGED INFORMATION. ANY UNAUTHORIZED
REVIEW, USE, DICSLOSURE OR DISTRIBUTION IS PROHIBITED. IF YOU ARE
NOT THE INTENDED RECIPIENT, PLEASE CONTACT THE SENDER BY REPLY E-
MAIL, DELETE THIS COPIES. MESSAGE AND ANY ATTACHMENTS, AND DESTROY ALL
8/31/2009
PORTER AMENDMENT TO UPDATED INFORMATIONAL FLYER:
Remove the "City of Kenai Information, city address and phone/fax numbers" and add
either above or under the Rezone Chart:
Limited Commercial (LC): 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. Buildings may not exceed 3,000
square feet (without permission from Planning &, Zoning Commission or City Council).
Rural Residential (RR1): Is intended to provide for low density residential
development in outlying and rural areas in a form which creates a stable and
attractive residential environment. The specific intent in establishing this zone is:
1. To separate residential structures to an extent which will:
• Preserve the rural, open quality of the environment.
• Prevent health hazards in areas not served by public water and sewer
FACT: Water and sewer is located throughout the rezoned area.
2. To prohibit uses which would:
• Violate the residential character of the environment
• Generate heavy traffic in predominantly residential area
FACT: The rezoned area is located on the Kenai Spur Highway ONLY.
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 7.25.020 TO: 1) BETTER DEFINE HOW BUDGET TRANSFERS IN AMOUNTS OF
LESS THAN FIVE THOUSAND DOLLARS ($5,000) ARE ACCOMPLISHED; 2) PROVIDE
THAT BUDGETARY CONTROL FOR A CAPITAL PROJECT IS DONE AT THE PROJECT
LEVEL RATHER THAN THE OBJECT LEVEL; AND, 3) PROVIDE THAT OBJECT LEVEL
BUDGET TRANSFERS IN CAPITAL PROJECTS IN EXCESS OF FIVE THOUSAND
DOLLARS ($5;000) OR MORE SHALL BE REPORTED TO THE KENAI CITY COUNCIL
ON A MONTHLY BASIS,
WHEREAS, KMC 7.25,020(a) provides how budgetary transfers in amounts less than
five thousand dollars ($5,000) are accomplished; and,
WHEREAS, the term "fund" in KMC 7.25.020(a) should be better described to
determine to which funds the transfer limitation apply; and,
WHEREAS, historically capital projects have been managed for budgetary purposes on
the object level which provides for Council authorization for each part of a project
such as separating money allocated for construction from money allocated for
engineering; and,
WHEREAS, it would provide more flexibility to manage capital projects on the project
basis where the Council would authorize the total amount of the project rather than
an object basis where the Council authorizes the total amount of the project and the
amount allocated for subcategories such as construction and engineering; and,
WHEREAS, in a budgetary system where capital projects are managed on a project
basis, budget transfers in excess of five thousand dollars ($5,000) should be reported
to the Council on a monthly basis so Council is properly informed of the status and .
management of the capital project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that Kenai Municipal Code 7.25.020 is hereby amended as follows:
7.25.020 City budget control.
(a) After approval by the Finance Director as to availability of unencumbered
balances, transfers in amounts less than five thousand dollars ($5,000.00) may be
made in fine item accounts within [A FUND] the General Fund Special Revenue
Funds Debt Service Funds Enterprise Funds and Internal Service Funds without
approval by the City Council. The City Clerk may mare 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 BRACKETED!
-12-
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 Proiect Funds. Obiect 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.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: r 4--
PAT PORTER, MAYOR
Introduced: August 5, 2009
Second Reading: August 19, 2009
Third Reading: September 2, 2009
Effective: October 2, 2009
New Text Underlined; [DELETED TEXT BRACKETED]
-13-
j `Village with a Past C# wdk a Future
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
tGreca'�lof Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014
KENO ALASKA
To: Rick Koch, City Manager
�F From: Terry Eubank, Finance Director
Date: August 26, 2009
Re: Ordinance 2428-2009
Background
Kenai Municipal Code (KMC) 7.25.020 governs amendments to the City's budget. Currently all
budget adjustments, irrespective of the fund type, greater than $5,000 require approval by the
City Council via resolution. Budget adjustments that increase overall expenditures are
accomplished via ordinance.
Goal
The administration's goal in amending KMC 7.25.020 is to enhance the finance department's
ability to provide cost analysis on capital projects, maintain the financial controls of KMC
7.25.020 and avoid project delays as a result of line item budget deficiencies. A typical
construction project will utilize three accounts; project administration, design/engineering, and
construction. Line item budget deficiencies occur when excess funds remain in one of the three
project accounts and one or both of the other accounts have insufficient funds for the project's
expenditures. Overall the project may have adequate funding but within individual line items
there are budget deficiencies.
Current Practice
Currently capital projects are being appropriated utilizing only the construction line item. All
costs whether for administrative expenditures, design/engineering services, or actual construction
services are charged to the construction account. This practices eliminates the need for budget
revisions but financial reports generated by the City's accounting system do not breakdown the
project's expenditures by category for project managers.
Proposed Change
The amendment to KMC. 7.25.020 will leave unchanged the limitation on the City Manager to
amend budgets by Lip to $5,000 in all fund types except capital project funds. This is
accomplished by replacing "a fund" with "the General Fund, Special Revenue Funds, Debt
Service Funds, Enterprise Funds and Internal Service Funds" in 7.25.020 (a). The clarifier
"General Fund" was also added to the Departments of Law and the City Clerk. The remainder of
the changes to 7.25.020 (a) were added to change the budgetary level of control in construction
projects from a fine item level (administration, design/engineering, or construction) to a project
level (all line item accounts in total).
Remainine Financial Controls
As previously stated, one of the goals is to assure financial controls are not eliminated by the
proposed changes. Currently the City Council must approve any contract or change order that
exceed or will exceed $15,000 as a result of the change order. This process will remain
unchanged. Currently budget revisions are not being performed because the entire budget is in
one account. With this change project budgets will be created using accounts for the different
categories and any amendments greater than $5,000 will be reported to the council in the next
available council packet actually enhancing council reporting. The Council will retain the sole
authority to increase the overall funding to individual projects.
Conclusion
The changes proposed by Ordinance 2428-2009 will enhance the financial reports produced for
projects, it will enhance reporting of changes in project costs, it will maintain the Council's
authority to approve contract and change orders, it will maintain the Council's authority to
control project costs at the total project level, and will avoid potential delays in projects caused
by individual line item deficiencies.
r Suggested by: Administration/Councilor Molloy
En'c cEy�
KEKAIALASKA
CITY OF KENAI
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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.
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.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
Introduced: .August 19, 2009
Adopted: September 2, 2009
Effective: October 2, 2009
New Test Underlined; [DELETED TEXT BRACKETED]
-14-
Ordinance No. 2433-2009
Attachment "A"
Page I of 2
KMC 1.1,5.040
(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.
(c) A member of the public may request that a matter be placed on the
agenda subject to policies and procedures adopted under paragraph 6). 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 U) 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, subject to paragraphs fa)
through (d) A draft agenda shall be circulated to the Mavor and other council
Members, and the City Manager.
(fl 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] jg) 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)] (h) 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]
-15-
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)j (if 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.
t(K)I(i) The administration will develop policies and procedures to implement
this section, subject to review and approval of council.
[(L)j (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.
A'ew Text Underlined; IDELETED TEXT BRACKETED]
so
210 FIDA.LGO AVE, KENAI, ALASKA 99611-7794
TELEPHONE 907-293-7535
FAX 907-2n-3014
TO: Kenai City Council
FROM: C ff 4 Cary R, Graves, City Attorney
DATE: August 12, 2009
RR: Ordinance2433-2009
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 Cleric 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.
-17-
Suggested by: Planning and Zoning Commission
<<A
ti=« CITY OF KENAI
KENAI. AAAIASKA
ORDINANCE NO. 2434-2009
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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.
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
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, 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 14.25.025 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.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
Introduced: August 19, 2009
Adopted: September 2, 2009
Effective: October 2, 2009
New Text Underlined; [DELETED TEXT BRACKETED]
No
Exhibit "A"
Ordinance No. 2434-2009
Page 1 of 1
14.25.020 Application.
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 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).
14.25,025 Retention Basins
(1) Development of retention basins (retention ponds l in any zone requires
submittal of a landscape site planApplications must include the following:
La Copies of the designn prepared by an engineer licensed in the State of
Alaska under AS 08,48.
(b) ARproval by the State of Alaska Department of Environmental
Conservation for the project.
(c) The site around the retention basis must be adequately fenced in order
to protect access and provide safety.
Ld_1 The area around the fence must be landscaped to provide screening of
non -conforming and must comply with the requirements of this chapter within one
vear of the effective date of this ordinance.
Mel
j CIS' OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO, PZ09-39
khe dCyaf
KENI9� SKA
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 REgUIREMENTS FOR THE DEVELOPMENT OF RETENTION BASINS
BE ENACTED,
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
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
"A'
PASSED BY THE PLANNING AND ZONING COMMISSION OF HE CITY OF KENAI,
ALASKA, this 12th day of August 2009. E
t
CHAIRMAN
A*EST
New text underlined [DELETED TEXT BRACKETED AND ALL CAPS]
-20-
Attachment "A"
Resolution PZ09-39
Page 1 of 1
I 3 � " M 4 bJ
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 (1L) and Education
(ED) zoning districts; or (2) a multifamily development in any zone; or (3) a change of
use as required in KMC 14.2O.25O(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 14.2O.25O(a).
14.25,025 Retention Basins
Ll Development of retention basins (retention ponds) in anv zone requires
submittal of a landscape site plan. Applications must include the following:
(a) Copies of the design prepared by an enaineer licensed in the State of
Alaska under AS 08,48.
Approval by the State of Alaska, Department of Environmental
Conservation for the project.
ej The site around the retention basin must be adequately fenced in order
to protect access and provide safety.
(d) The area around the fence must be landscaped to provide screening of
the site. The landscaping should include shrubs, bushes, trees and Sround cover to
vear of the effective date of this ordinance.
-21-
Suggested by: Planning and Zoning Commission
rh«rY% CITY OF KENAI
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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).
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, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that Kenai Municipal Code 1.4.22.010 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.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
Introduced: August 19, 2009
Adopted: September 2, 2009
Effective: October 2, 2009
New Test Underlined; [DELETED TEXT BRACKETED)
WN
Ordinance No. 2435-2009
Exhibit "A"
14.22.010 Land use table.
LAND USE TABLE
KEY: 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 �
j
LAND USES
C
RR
RRF
RS
RSI RS2
RU I
CC 1 C4
ED R
TSH LC�
CNUDwelling
clsP
P
P
P P
P
P" S' IScC2rN
giL111
iS�1C"TwnlT6ree
P-nntily Dwelling
Cis
P
P
P
P P
P
Ps' S,
C C"`
A P
5,/C"I
or Family Dwelling
Cr"
P
C'
P
N N
P
P" S'
C I
C C1A
P C
S'/C"Pive/SixB
amilg Dwelling j
C'sC'
N
P
N N
P
P" S�
C
C N
P C �S`/C'Seven
or More Pamily
IDwetling
Crs
C3
N
CsN
N i
P
P" S'
C k
C N
P C
S'IC'
Townhouses'
Mobile Homo Parks`
C"T,
N
c-1
C
C
C
C
C
C 1 C
C C
C
C
C C
C C
C
C
C Cr' C
C 1 N C
C C
N N
C
C
Planned Unit Residential
DevelopmenP
CIA
C
C
C
CC
C
C C
C
C N C
C C
C
COMMERCIAL
LANDUSES
C
RR
12R1
RS
RSI RS2
' RU
CC CO
IL
IH I F.D ' R
TSH LC
CMU�
Automotive Sales
N
C
C
N
N N
C
P P
P
P N N
N( N
P
Automotive Sorvim Stations
N
C
C
N
N N
C
P P
P
I P N i C
N N
P
Bads
N
C
C
C
N N
C
P I P
P
k C N C
C C
P
Business/Consumer
Services
N
C
( C
j C
'N N
C
P P
P
C N C
C C
P
Guide Service
N
C
C
C
N N
C
P P
P
P N P
P C
P
Flotels/Motels
N
C
C
C
N N
C
P P
P
C N j C
P C
P;
Lodge
N
C
C
C
N N
C
P P
P
C N P
I P C
1 P
Professional Offices
N
C
C
C
N N
t P
i P i P
P
P N I C
P_ P
f R
Restaurants
N
j C
C
C
N N
C
P P
P
C N C(
C C
P
Retail Business
N'e
C
C
C
N N
C
P P[
P
P S" S"
C C
P
Wholesale Business
N
C
C
C
N N
C
C P
P
P N S"
C C
N
Theaters/Commercial
Recreation
N
C
C
C
N N
�L_
C
PP
C
C
-23-
Ordinance No, 2435-2009
Exhibit "A"
LAND USE TABLE
KEY: P= Principal Permiud 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 i
LAND USES C
RR
RRI
RS RS1
R'32 RU
CC
CG IL
IH
GD
R
TSTi
LC ICNIU
i Airports and Related Uses Pd0
C
C
C N
N C
P
P P
P
N
C
N
N
C
Automotive Repair l N
i i
C
C
C! N
N C
P
P P
P
N
N
N
N
P
!Gas Manufacturer/Storage ( N
N
C
C N
N i N
N
N 1 C'
C`
N
N
N
N
N
�Manufacturng/Fabricating/ N
Assembly
C
C
C N
N C
C
P P
P
N
C
C
N
C
Mini -Storage Facility N
Storage Yard N
C
C
C
C
C i N
C j N
N, ! C
N C
C
C
P P
P I P
P
P
N
N
N
N
N
N
C
N
C l
C j
Warehouses N
C
C
C N
N C
N
P P
P
N
C
N
N
N
PUBLIC/
INSTITUTIONAL
LAM) CISIiS 1 C
RR
RRI
RS RSI.
RS2 RIJ
j CC
CG : IL
! 1H
! ED
R
'15H
LC
CMU,
Cltarimble institutions• C
C {
C
C C
C P
P
P i P
P
i P
C
P
C
P I
Churches" C
� PI"
PIC
PIC PIC
Pao P,
Pm
Pm C
C
P
PIC
P
P
P
Clinics C
C:
C
C C
C C
P
P I P
C
C
C
C
P
I P
Colleges" C
C!
C
C C
C C
P
P C
C
P
C
j C
C
P
Elementary Schrwls'P , C
I C
C I
C C!
C C
P
P C!
C
P
C
C
C!
P I
Governmental Buildings j C
j C
C
j C C
C C
P
P P
C
P
C
C
P
P
High Schools- j C
i C
i C
C C
C C
P
P C
C
P
j C
C
C!
P
Hospitals" C
j C
C
C! C
C C
1'
P P
C
C
C
Libraries' C
C
j C
C C
C C12
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
j 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 j C
C
MISCELLANEOUS
LAND USES C
RR
RRI
RS Rai
162 RU
CC
CG IL,
1H
ED
It
TS11 LC
CMU
Animal Boarding" C
C
C
C 3 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
S C
N
C
i C C
P
Cabin Rentals C
C
C
C! N
N N
P
P P
C
N
P
P C
P
Cemeteries C
C
C
C N
N N
N
j C C
C
N
C
C! N
N
Crematories/Funeral Homes N
C
N
C N
N C
C!
C C
j C
N
C
C C
C
Day Care Centers" C
C
( C
j C C.
C C
P
P P
C
C
C
C P!
I'
Dornihories/Boarding C
Houses
C
i C
I
i C C
C P
i P"
P
Essential Services ! P
P
1 P
I P P
P P
{ P
P P
P
P
P
j P P!
P
�Farming/General P
Agricullure"'
P
! N
N N
N N
j N
N N
P
N
P
f
N N
N
(kreenhouse-Jnree C
j Nurseries"
C
C
C C
C C
P
P P
i C
i
N
I.
C
C C
P j
-24-
Ordinance No. 2435-2009
Exhibit "A"
KEY: P= Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
Page 3 of 4
14.22,01.0 LAND USE TABLE
NOTE Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
MISCELLANEOUS
LAND USES
C
RR.
RRI
RS
RSI.
R82
RL1
CC
CG '
H, IH
ED
R t'TSH
LC j
CM
�.
U .
�Ounsmitbing, Printing,
N
C
C
C
C
C
f.'
P
P
P P
N
C; P
n
P
Taxide my
Aasemhlies1°(Large:
C
C
C
C
C
C
C
P"
pcs
Prs pis
PIe
C P
N
P"
Circtues, Fairs, Etc.,
�
I°ramutai Organizations/
N
C
C
C
C
C
C�P
P
P C
N
C i� P
C
P
Private Clubs/Social Halls
and Union Halls
j
I
T
Nursing, Convalescent or
N
C
C
C
C
I C
C
P
P
C! C
C
C C
C
'
P
Rest Homes
Perking, Off -Street
P
P
P
P
P
j P
P
P
P
P P
P
P P
P
P
Parking, Public Lots a
C
C
C
C
i C
C
C
C
C
C i C
C
C C
C
C I
Personal Services -
C
C
C
C
C
C
C
P
P
I P Y
C
C PLc`
P1C''s
P
RadWTV
P
P
C
C
C
C
C
I P
P
P P
P
C C
C
P
Transmitters/Cell Sites-"
_
I
1 Recreational Vehicle Parks
C
C
C
C
N
N
C:
C
C
1; 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"
Surface Extraction of
C
C
C
C!
N
N
C
N
C
4 C C
N
C N
j N
N
'Natural Resouro1°
_
x See 42 U'SCA Sec. 2000cc (Religious land L'se suitInstitutionalized Persons Act af2000)
'* See 42 Telecommunications Act of 1996, Sec. 704(a)
See, however, the linvtatlons imposed under KMC 3.10.070
Footnotes:
I. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets acid mhjorl
highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include
any secondary uses in the landscaping and site plans.
2. One (1) single-family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone;
b. The site square footage in area must be approved by the Commission;
C. Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses 1
in the RR zone;
d. Water and sewer facilities shall meet the requirements of: all applicable health regulations; I
e, The proposed dwelling group will constitute a residential area of sustained desirability and stability; wil( be ivi
harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property,
values;
f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage
spaces, and recreational and community activities;
g. There shall be provided, as part of the proposed development; adequate recreation areas to serve the needs of the
anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets 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.
-25-
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 requirements.
7. See "Planned Unit Residential Dcvelopmenf° section.
8. Allowed as a conditional use, provided that the proposed location mid the characteristics of the site will not destroy the!
residential character of the neighborhood. I
9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met.
10. Provided that no part ot'any building is located nearer than thirty ('30) feet to any adjoining street or property line.
11. Allowed as aconditional 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 mid characteristic of the site will maximize its benefit to the public;
b. Exits and entrances and off-street parking For the use are located to prevent traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions at. adequate to assure that the use!
will not be a nuisance to surrounding properties. The Commission shallspecify 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 puking for the use shall be located to prevent traffic hazards on the public streets.
16. See "Conditional Uses" section.
17. ,See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government lauds.
19. Deleted by Ordinance 2144-2006.
20. The airport related uses alloyed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for',
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21, Developments for use shall be the same as those listed in the "Development Requirements Table" for the RUITSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the FT) zone, For example, housing for teachers or
students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house
students for a school or educational facility.
24. Retail businesses allowed as a secondary use inconjunction with the primary use (e,g., a gift shop or coffee shop within
another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers,
photographic studios, tailors, tanning salons and massage therapists. In the'rSll zone tattoo orelors 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 au; allowed on a temporary or seasonal basis of not more than four (4) months per year.
-26-
/ d
+_
iCITY OF KENAI
PLANNING AND ZONING COMMISSUM
RESOLUTION NO, PZ09-40
�\. eke C#of'11
KfNAv SKA
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 TOWNSITE 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 1S 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 COMMISSION OF THE CITY OF KENAI,
ALASKA, this 12th day of Au ust 2009.
(CHAIRMAN
ATT'ES7f:
9i
� I
New text underlined [DELETED TEXT BRACKETED AND ALL CAPS]
IN
Resolution PZ04-40
Attachment "A„
14.22.010 Laud use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
Page 1 of 4
NOTE: Reference fnomotes on following pages for
additional restrictions
ZONING DISTRICTS
RESIDENTIAL
LAND USES
C
RR
RRI
RS
RS1
RSZ, RU
CC
CG
IL
HI
ED
R
TSH
LC
CMU
One Family Dwelling
C'S
P
P
P
P
P P
Pr'
S'
Sc
St
C�6
P
P
P
SI/C21
Two/Phree Family Dwelhng
Cs
P
.P
P
P
P P
P21
SI
C
C
C"
1 P
P
P
54C't;
Four Family Dwelling
CIS
P
C°
P
N 1
N F
P"
S'
C
C
C',
N
P
C
SI/C"
Five)Su Family Dwelling
CIS
CS
N
P
N
N P
P21
S'
C
C
N
N
P
C
S'!C"
Seven or More Family
{ Dwelling
C18
C
N
Cs
N
N I P
P"
S'
C
C
N
N
P
C
S"C'',
Townhouses'
CIS
C
C
C
C
C C
C
C
C
C
C',
C
C
C
C
Mobile Home Parks'
N
C
C
C
C
i C C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development'
CIS
C
C
C
C
C C
C
C
C
C
N
C
C
C(
C
COMMERCIAL.
LAND USES
C
RR
RRI
RS
RS1
RSZ RU
CC
CG
IL
IH
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
C
N
N
P
Banks
N
C
C
C
N
N C
P i
P
( P
C
N
C
C
C
P
BusvresslCvnsumar
Sorvices
N
C
C
C
N
N C
P
P
P
v
C
N
C
C
C
P
Cuide Service
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
N
N C
P
P
P
C
'N
P
P
C
P
Professional Offices
N
C
C
C
N
N P
P
P
P
P
N
C
P
P
P
Restau mum
N
C
C
C
N
N C{
P
P
P
C
N
C
C
C
P
Retail Business
N°"
C
C
C
N
N C
P
P
P
P
s-
Su
C
C
P
Wholesale Business
N
C
C
C
N
N C
I C
P
P
P
N
SV
C
C
N
Theaters/Cmmnercial
Recreation
N
{
C
C
C
N
N C
P
P
C
C
N
P
C
C
P
Resolution PZ09-40
Attachment "A"
LAND USE TABLE
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
I RR&.
RS
RS1
RS2
RU
CC
CG
H,
III
ED
R
TSH
LC
JCMV
Ahports and Related Uses
P"'
C
C
C
'N
N
C
P
P
p
P
N
C
N
N
C
Automotive Repair
N
C
C
C
N
N
C
P
P
I P
P
N
N
N
N
P
Gas Manufacturer/Sweage
N
N
C
C(
N
N
N
N
N
CS
CS
N
N
N
N
N
Manufacturing/Fabricating/
Assembly
N
C
C
C
7 N
N
C
C
P
P
P
N
C
C
N
C
Mini -Storage Facility
N
C
C
C
N
N
C
C
P
P
P
N
N
N
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.
I
LAND USES
C
RR
RRI
RS
RSI
R92
RU
CC
CG
IL
IH
ED
R
TS1H
LC
CMU
Charitable Institutions
C
C
C
C
C
C
P
P
P
P
P
P
C
P
C
P
Churches"
C
Pio
Pra
Pm
Pia
Pvl
Pu+
Pla
P14
C
C
i P
Pm
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
Libraries*
C
C
C
C
C
C
Cit
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
RRE
RS
RSI
R82
RU
CC
CG
IL
IHI
ED
R
TSIi
LC
CMU
Animal Boarding°
C
C
C
C
C
N
N
C
C
C
C
N
C
N
C
C
Bed and Ihmi fasts
C
C
G
C
C
C
C
C
C
C
i C
N
C
C
C
P
Cabin Rentals
C
C
C
C
N
N
N
P
P
P
C
N
P
P
C
P
Cemeteries
C
C
C
C
N
N
N
N
C
C
C
N
C
C
N
N
CremaWries(fiu7al Homes
N
C
N
C
N
N
C
C
C
C
C
N
C
C
C
C
ITay Care Ceneerslt
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
Pt,
S
C
P
P"
C
C
C
P
Essential Services
P
P
P
P
P
P
P
I,
P
P
P
P
P
P
P
P
Farming/General
Agriculture**'
P
P
N
N
N
N
N
N
N
N
P
N
P
N
N
N
Grcerilaouses/Tree
Nuncriesn
C
C
C
C
C
C
i
C
P
P
P
C
N
C i
C
C
P j
14.22.010 LAND USE TABLE
-29-
Resolution PZ09-40
Attachment "A'
KEY: P = Principal Pertained 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
MISCELLANrOUS
LAND USES
C
RR
RRI
RS
RSi
RSZ
RU
CC
CC
IL
IR
ED
R i
TSII
LC
CM
I
U
Gunsmifiing, Printing,
N
C
C
C
C
C
C
P
P
P
P
N
C
t
P
P
Taxidermy
Assemblies" (Large:
C
C
C
C
C
C�
C
PIS
PIS
P1S
PIS
pt'
C�
P
N
P"
Circuses, Fairs, Etc.)
Fraternal Organizations/
N
C
C
C
C
C
C
P
P
P
C
N
j C
P
C
P J+
Private Clubs/Social Halls
j
and Union Halls
I
Nursing, Convalescent or
N
C
C
C
C
C
( C
P
P
C
C
C
C
C
C
i P
Rest Homes
I
Parking, Off-street
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Parking, Public Lets"
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Personal Servicesy
C
C
C
C
C
C
C
P
P
P
P
C
C
Pv
Plcu
P
Radio/TV
P
P
C
C
C
C
C
P
P
P
P
P
C
C
C
P
Transmitters/Cell Sacs-"
Recreational Vehicle Parks
C
C
1 C
C
N
N
C
I C
C
C
C
N
C
C
N
C
Subsurface Extraction of
C
C
C
C
C
C
C
I C
C
C
C
N
C
N
1'4
N
Natural Resources16
1
Surface Extraction of
C
C
C
C
N
N
C
1 N
I C
C
C
N
C
N
N
i N
Natumt Resources'r
j
j
i
See 42 USCA. Sec. 2000ee (Religious Land Use and Institutionalized Persons Act of 2000)
See42 Telecommunications Act of 1996,.Sec. 704(a)
*` See, however, the limitation imposed under KMC 3.10.070
Footnotes:
1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major
highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 1425 shall include
any secondary Uses in the landscaping and site plans.
12, One (1) single-family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the Following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone;
b. The site square footage in area must be approved by the Cormnission;
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;
e. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in
1 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 ae6vities;
g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the
anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are
designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See `Townhouses"section.
_5. See'Mobile Homes" section.
-30-
Resolution PZ09-40
Attachment "A"
Page 4 of 4
6. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the
minimum Federal Housing Authority requirements.
7. See'Planned Unit Residential Development" section.
8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the
residential character of the neighborhood.
9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met.
10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line.
11. Allowed as a. conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining)
street or property line and provided further that the proposed location and characteristics of the use will not adversely,
affect the commercial development of the zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; !
b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use
will not he a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this
requirement.
14, Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
15, Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty {30) Feet shall be provided between said use and any adjoining property in,
a residential zone.
b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets.
16. See "Conditional Uses" section.'.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Deleted by Ordinance 2144-2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for'',
properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or
parking aprons, FAA authorized uses are allowed.
21, Developments for use shall be the same as those listed in the "Development Requirements Table' for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or
students for a school in the zone
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house
students for a school or educational facility.
24. Retail businesses allowed as a secondary use is conjunction with the primary use (e.g., a gift shop or coffee shop within
another business).
25, Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers,
photographic studios, tenors, tanning salons and massage therapists. In the TSH zone tattoo parlors and massage theranists
are allowed as a conditional use, In the l.0 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.
-31-
�N
then -
KEKM. ALASKQ
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $9,000.00 IN THE GENERAL
FUND - COMMUNICATIONS MACHINERY AND EQUIPMENT FOR THE PURCHASE OF
A REPLACEMENT STANCIL RECORDING SERVER THAT HAS FAILED
UNEXPECTEDLY.
WHEREAS, the Communications Department utilizes a Stancil recording device to
digitally record all radio traffic and phone calls of the Department; and,
WHEREAS, the Stancil recorder also serves as a backup recording of 911 calls; and,
WHEREAS, the current system was purchased in 2003 and has repeatedly failed
despite attempts to repair; and,
WHEREAS, in order to regain functionality, the Communications Department must
replace the computer server that supports the operation of the Stancil recording
device; and,
WHEREAS, replacement of the server is critical to the operations of the
Communications Department; and,
WHEREAS, under the typical ordinance enactment timeline, an ordinance introduced
on September 2, 2009, will not be taken up again until September 16, 2009; but, due
to the urgency of the situation, and as allowed by KMC 1.15.070 (d), it is prudent to
act immediately to replace the server; and,
WHEREAS, pursuant to KMC 1.15.070 (d) unanimous consent of all Council Members
present is required for the ordinance to be read a second time at the same meeting
where it is introduced; and,
WHEREAS, it is in the best interest of the City of Kenai and its citizens to replace the
system as soon as possible.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
New Text Underlined; [DELETED `TEXT BRACKETED)
-32-
Ordinance No. 2440-2009
Page 2 of 2
SECTION ONE
General Fund - Communications;
Increase Estimated Revenue
Appropriation of Fund Balance $9,000.00
Increase Appropriations
Machinery & Equipment $9,000.00
SECTION TWO
The Council finds the timing of the replacement of the server is of the essence as its
failure constitutes a threat to the health and safety of the residents of the City of
Kenai.
SECTION THREE
This ordinance takes effect immediately upon its enactment.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of
September, 2009.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: % f-4C-
PAT PORTER, MAYOR
Introduced: September 2, 2009
Second Reading: September 2, 2009
Adopted: September 2, 2009
Effective: September 2, 2009
New Text Underlined; (DELETED TEXT BRACKETED]
-33-
NAI POLICE DEPARTMENT
107 SOUTH WILLOW STREET KENAI, AK 99611
Telephone (907) 283-7879
Fax (907) 283-2257
To: Rick Koch— City Manager
From: Gus Sandahl — Chief of Police
Date: 8/28/09
Re`. Stancil Recorder Replacement
The Stancil recorder server has unexpectedly failed, and attempts to repair it have failed as well.
The Stancil recorder records all radio traffic, administrative calls to dispatch, and also 911 calls.
We currently have an alternative recorder for 911 calls. This is a critical problem, as recordings
of radio traffic and calls to dispatch are regular pulled for review/clarification. Due to our
current Stancil failure, if an officer were to call for emergency assistance tonight, and provide
key details of the event, that information would not be recorded.
The failed Stancil recorder is six years old, and was purchased for $5,000. In its six years of
service we were pleased with the Stancil recorder and also with Stancil's customer service. It
appears the six year -old server has reached its useful life and a new recorder is needed to replace
it as soon as possible. This was an unanticipated problem, and was not budgeted.
I am requesting an appropriation into the Police Machinery and Equipment account of $9,000 to
purchase a new Stancil Recorder as soon as possible so that critical communications can be
recorded without any further lapse.
-34-
KENAI CITY COUNCIL - REGULAR MEETING
AUGUST 19, 2009
7:00 F.M.
KENAI CITY COUNCIL CHAMBERS
httn: / /www.ci.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 (1.0 minutes)
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
L 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."
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
-35-
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.
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.
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.
ITEM E: MINUTES
*Regular Meeting of August 5, 2009,
*August 5, 2009 Council Work Session Notes
ITEM F•
ITEM Cs: NEW BUSINESS
-36-
Ratification of Bills
Approval of Purchase Orders Exceeding $15,000
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 Neur 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
ITEM H:
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
C. Kenai Convention & Visitors Bureau
f. Reports of KPB Assembly, Legislators and Councils
-37-
•r u: � •s-
1. City Manager
2. Attorney
3. City Clerk
ITEM K: DISCUSSION
1. Citizens (five minutes)
2. Council
ITEM L: PENDING LEGISLATION (This item lists legislation which will be
addressed at a later date as noted.)
Ordinance No. 2362-2008 -- Amending the Official Kenai Zoning Map by Rezoning
Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to
Limited Commercial (LC).
Ordinance No. 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 M: ADJOURNMENT
51i11
KENAI CITY COUNCIL - REGULAR MEETING
AUGUST 19, 2009
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.kenai.ak.us
MAYOR PAT PORTER, PRESIDING
MINUTES
ITEM A: CALL TO ORDER
Mayor Porter called the meeting to order at approximately 7:04 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:
Absent was: Mike Boyle
A quorum was present.
Also present: Student Representative Maya Johnson
A-3. AGENDA APPROVAL
The following changes were requested:,
ADD TO: D-1, Ordinance No. 2396-2009 -- Loretta Pearce letter objecting to fees.
ADD TO: D-6, Ordinance No. 243I 2009 -- Wince-Corthell=Bryson proposal for
Float Plane Basin Supplemental Environmental Assessment.
ADD TO: G-7, Approval -- City of Kenai Proposition A Ballot Summary for Kenai
Peninsula Borough Voter Pamphlet/Updated Document (includes
reference to Landscaping in the embedded table).
MOVE: G-9, Proposition Informational Flyer/Draft --To be heard prior to
Public Hearings.
-39-
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 2
MOTION:
Council Member Smalley MOVED for approval of the agenda with the requested
changes and requested UNANIMOUS CONSENT. Council Member Moore SECONDED
the motion.
There were no objections. SO ORDERED.
A-4. CONSENT AGENDA
MOTION:
Council Member Smalley MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
Mayor Porter noted, for personal health reasons, she would turn the gavel over to Vice
Mayor Ross and he would conduct the meeting. Vice Mayor Ross took the gavel.
(10 minutes)
None.
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
Mark Sehrag, 312 Princess Street, Kenai -- Protested changing of the agenda as
people were planning to attend the meeting to discuss the pamphlet.
Assembly Member Smalley gave a report of the August 18, 2009 Borough Assembly
meeting, noting discussions and actions taken.
A brief discussion followed and there were no objections to moving back to the regular
order of the agenda.
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker,)
m
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 3
D-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."
(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.)
Council Member Molloy MOVED to amend Ordinance No. 2396-2009 by substitution
with Ordinance No. 2396-2009, the substitute. Council Member Eldridge SECONDED
the motion.
VOTE:
* Student Representative Johnson: Yes
Porter
Yes
Smalley Yes
Moore
Yes
Eldridge
Yes
Ross Yes
Mollo
Yes
Boyle
Absent _
MOTION TO AMEND PASSED UNANIMOUSLY.
D-1a. 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."
The floor was opened to public hearing. Clerk Freas read the letter submitted by
Loretta Pearce into the record.
With no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND:
Council Member Molloy MOVED to delete Paragraph 10.40.055, Litigation Disclosure
on page 19 of the packet. Mayor Porter SECONDED the motion.
t1 fOO
* Student Representative Johnson: Yes
-41-
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 4
Porter
Yes
j Smalley 1 Yes
Moore
Yes
Eldridge
Yes
Ross I Yes
Molloy
Yes
Boyle
Absent
I I
* Student Representative Johnson: Yes
Porter
Yes Smalley
Yes
Moore
Yes
Eldridge
Yea Ross
Yes
Moi1a
Yes
Boyle
Absent
j
j
D-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.
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2427-2009 and
Council Member Moore SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
MOTION TO AMEND:
Council Member Moore MOVED to amend Ordinance No. 2427-2009 to make the
effective date of enactment October 1, 2009. Council Member Eldridge SECONDED
the motion.
VOTE:
*Student Representative Johnson: Yes
Porter
Yes
Smalley
Yes
;Moore ;Yes
Eldridge
Yes
Ross
Yes
Mollo Yes
Boyle
Absent
s
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 5
* Student Representative Johnson: Yes
Porter
Yes
Smalley Yes
Moore
Yes
Eldridge
Yes
I Ross Yes
Molloy
Yes
Boyle
Absent
IJ4: ;5 ► ► a r r
D-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.
MOTION:
Council Member Eldridge MOVED to adopt Ordinance No. 2428-2009 and Council
Member Smalley SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed.
The ordinance was reviewed with explanations for the amendments to the code
provided by City Manager Koch and Finance Director Eubanks, noting the change
would allow for separation of funds in order for better management of the funds.
Concern was expressed that with the change, the council would not receive as much
information with regard to projects, costs, etc. and the information they would receive,
would received only monthly.
MOTION TO POSTPONE:
Mayor Porter MOLTED to postpone Ordinance No. 2428-2009 to the September 2, 2009
council meeting. Council Member Moore SECONDED the motion.
s r • a r .r 0;1*3
* Student Representative Johnson: Yes
-43-
SENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 6
Porter
Yes Smalley
Yes Maare
Yes
Eldridge
Yes Ross
Yes ;Molloy
Yes
Boyle
I Absent
D-4. Ordinance No. 2429-2009 -- Increasing Estimated Revenues and
Appropriations by $6,350 in the General Fund for a Library Grant,
MOTION:
Council Member Smalley MOVED to adapt Ordinance No. 2429-2009 and Council
Member Eldridge SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
VOTE:
* Student Representative Johnson: Yes
Porter
Yes
Smalley
Yes Moore Yes
Eldridge
Yes
Ross
Yes Molloy _Yew s
Boyle
Absent
_
MOTION PASSED UNANIMOUSLY.
D-5. Ordinance No. 2430-2009 -- Increasing Estimated Revenues and
Appropriations by $5,907 in the General Fund for a Library Grant,
MOTION:
Council Member Eldridge MOVED for adoption of Ordinance No. 2430-2009 and
Council Member Smalley SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed.
VOTE:
*Student Representative Johnson: Yes
MH
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 7
Porter
Yes ;Smalley
Yes
Moore
Yes
Eldridge
Yes Ross
Yes
Molloy
Yes
Boyle
1 Absent
MOTION PASSED UNANIMOUSLY.
D-Ca. Ordinance No. 2431-2009 -- Increasing Estimated Revenues and
Appropriations by S60,000 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.
Council Member Molloy MOVED to enact Ordinance No. 2431-2009 and Council
Member Eldridge SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed.
A brief discussion followed with regard to noise levels and adequate buffers
maintained between the airport and residential areas. It was noted, noise was a
significant issue for FAA and was addressed on the second page of the proposal. It
was also noted, there would be less funding received by the Kenai Watershed Forum
and the Fourth Avenue/Spruce Street project would be addressed first.
VOTE.
*Student Representative Johnson: Yes
Porter
Yes Sma11e
Yes Moore Yes
Eldrie
Yes Ross
Yes Molloy I Yes
Boyle
Absent
I I
MOTION PASSED UNANIMOUSLY.
D-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.
-45-
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 8
Council Member Molloy MOVED to enact Ordinance No. 2432-2009 and Council
Member Smalley SECONDED the motion.
The floor was opened for public hearing.
'gill Osborn, 423 Rogers Road, Kenai -- Spoke in support of the ordinance.
Joanna Hollier, 381 Senior Court, #307, Kenai -- Spoke in support of the
ordinance.
Kellie Kelso, 117 Walker Lane -- Spoke in support of the ordinance.
VOTE:
* Student Representative Johnson: Yes
Porter
Yes Smalley , Yes
Moore i Yes
Eldridge
Yes i Ross Yes
Molloy Yes
Boyle
Ab es nt
MOTION PASSED UNANIMOUSLY.
D-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.
Council Member Smalley MOVED for adoption of Resolution No. 2009-52 and
requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
There were no objections. SO ORDERED.
D-9. Resolution No. 2009-53 -- Awarding the Bid to Brenmag Pacific, Inc. for
Miscellaneous Chemicals --August 2009.
�ilsiiliCilt`#i
o
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 9
Council Member Eldridge MOVED for adoption of Resolution No. 2009-53 and
requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
There were no objections. SO ORDERED.
D-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.
MOTION:
Council Member Eldridge MOVED for adoption of Resolution No. 2009-54 and
requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments. It was noted, there
would be 13 areas where concrete repairs would be made.
VOTE:
There were no objections. SO ORDERED.
D-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.
MOTION:
Council Member Molloy MOVED for adoption of Resolution No. 2009-55. Council
Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
There were no objections. SO ORDERED.
N
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 10
D-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.
MOTION:
Council Member Eldridge MOVED for adoption of Resolution No. 2009-56 and
requested UNANIMOUS CONSENT, Council Member Moore SECONDED the motion.
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no council comments.
VOTE:
There were no objections. SO ORDERED.
BREAK TAKEN: 8:00 P.M.
BACK TO ORDER: 8:09 P.M.
ITEM E•
E-1
E-2.
agenda.
ITEM F:
ITEM G:
G-1.
MOTION:
MINUTES
Regular Meeting of August 5, 2009 -- Approved by consent agenda.
August 5, 2009 Council Work Session Notes -- Approved by consent
UNFINISHED BUSINESS -- None.
NEW BUSINESS
Ratification of Bills
Council Member Smalley MOVED to ratify the bills. Council Member Moore
SECONDED the motion and requested UNANIMOUS CONSENT.
0011QDA
There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETINTG
AUGUST 19, 2009
PAGE 11
G-2. Approval of Purchase Orders Exceeding $15,000
Q)iCOO(WQ
Council Member Smalley MOVED to approve the purchase orders exceeding $15,000
and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the
motion.
VOTE:
There were no objections. SO ORDERED.
G-3. Ordinance No. 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.
Introduced with approval of the consent agenda.
G-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.
Introduced with approval of the consent agenda.
G-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).
Introduced with approval of the consent agenda.
G-6. Approval -- Amendment/City Manager Contract,
MOTION:
Council Member Smalley MOVED for approval of the Amendment to the Employment
Agreement of City Manager and Mayor Porter SECONDED the motion.
VOTE:
* Student Representative Johnson: Yes
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 12
Porter
Yes
I Smalle
Yes
Moore Yes
Eldridge
Yes
Ross
Yes
Molloy Yes
Boyle
1 Absent
j
G-7. Approval -- Change Order No. 2/Kenai Courthouse Parking Expansion
2009.
It was noted, the change order would add parking bumper strips in the center two
Ianes and funding was available in the project fund.
MOTION -
Council Member Molloy MOVED to approve Change Order No. 2 of the Kenai
Courthouse Parking Expansion 2009 project. Council Member Eldridge SECONDED
the motion and requested UNANIMOUS CONSENT.
VOTE:
There were no objections. SO ORDERED.
G-S. Approval -- City of Kenai Proposition A Ballot Summary for Kenai
Peninsula Borough Voter Pamphlet.
City Manager Koch reviewed the document included in the packet and the updated
one added at the beginning of the meeting, noting the differences in the two as the
layout and the addition of "landscaping required."
Mayor Porter identified she prepared an alternative document and presented copies to
council and the public. She noted the changes on her document included the removal
of the reference to the Education Zone (less confusion of the issue as the issue was not
about the Education Zone) and the addition of a "No" vote and "Yes" vote explanation.
The floor was opened for public comment.
Janine Espy, 403 McCallum Drive, Kenai -- Stated her preference was the Porter
document and suggested corrections to amount of houses and indicate where
residences are on the map.
Charles Winegarden, 309 Princess Street, Kenai -- Stated disappointment input
was not taken from the residents; felt the "no vote supports council..." directed
ME
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 13
attention away from the issue (on Porter document); believed the table on both
documents was incomplete as they did not include personal services; and, believed
both documents were biased.
Ray Espy, 403 McCollum Drive, Kenai -- Stated he believed the map on either of the
documents should indicate where the transition occurred, felt the tables were
selective, and thought the documents were biased.
Mark Schxag, 312 Princess Street, Kenai -- Stated he preferred the Porter
document, but suggested the table be removed and remove reference to "council' out
of the "No" vote box.
There being no one further wishing to speak, the public comments were closed.
Discussion followed with review of suggested changes by the public. Consensus was
reached through show of hands to do the following:
® Delete the sentence "The purpose of the change was to allow for a
transition area between commercial and residential districts."
• Change "supports" to "affirms' in the no -vote box.
Include the table, but amend it to reflect all the differences between the
two zones accurately.
MOTION:
Council Member Eldridge MOVED to adopt the Porter alternative document with the
following changes:
s Delete the sentence 'The purpose of the change was to allow for a
transition area between commercial and residential districts."
• Change "supports' to "affirms" in the no -vote box.
• Include the table and reflect all differences between the two zones
accurately.
Council Member Moore SECONDED the motion.
Council Member Molloy stated he believed the introduction statement would be biased
if the table was not deleted.
VOTE:
*Student Representative Johnson: Yes
Porter Yes Smalley Yes Moore Yes
Eldridge Yes Ross Yes Molloy Yes
M
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 14
Boyle I Absent
-9. Discussion -- Proposition Informational Flyer/DRAFT
City Manager Koch reviewed the draft flyer which was included in the packet and
suggested the following changes:
• The deletion of the sentence, page 103, first "response' paragraph, i.e.
"The City is now at the next step in the process -- determining areas for possible
rezoning."
• The deletion of the sentence, page 104, fourth "response" paragraph, i.e.
"My opinion was the fencing with trees would provide for the best buffer; however,
plans are reviewed based on the development and whether or not that would be
required would be determined when a plan is reviewed."
Koch also noted the flyer would be either a newspaper insert or a mailer and he would
hire a company to assist in the preparation of the flyer.
The floor was opened for public comment.
Janine Espy, 403 McCollum Drive, Kenai -- Had concerns with Exhibit C and how
the information was divided out; suggested changes, including combining the
residential to "all residential" and change vacant land to six; and, felt the boxes on the
right were biased.
Mark Schrag, 312 Princess Street, Kenai -- Stated he believed the information was
slanted; suggested administration should have contacted residents for information;
and, resented having to pay tax dollars toward the city's campaign and his own funds
toward the neighborhood's campaign.
Charles Winegarden, 309 Princess Street, Kenai -- Requested additional time to
review and comment on the draft flyer.
Roy Espy, 403 McCollum Drive, Kenai -- Requested additional time to review and
comment on the flyer.
Kellie Kelso, 117 Walker Lane, Kenai -- Stated she felt administration should have
collected input from residents.
There being no further public wishing to speak, the public comment was closed
-52-
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 15
A brief discussion followed during which council set a work session for August 27,
2009 at 6:00 p.m.
Items noted to be changed were: Include a full table in the flyer; remove the little
boxes; keep it simple; and, stay away from the property tax issue.
Mayor Porter left the meeting at 9:29 p.m.
ITEM H: COMMISSION/COMMITTEE REPORTS
H-1. Council on Aging -- Council Member Ross reviewed discussions held at
the August 13, 2009 meeting.
H-2. Airport Commission -- Council Member Eldridge reviewed the August
13, 2009 meeting summary which was included in the packet.
H-3. Harbor Commission -- Council Member Smalley reviewed the August
10, 2009 meeting summary which was included in the packet.
H-4. Library Commission -- Council Member Molloy reviewed the August 4,
2009 meeting summary which was included in the packet.
H-5. Parks & Recreation Commission -- Council Member Moore reported the
next meeting was scheduled for October 1, 2009.
H-6. Planning & Zoning Commission -- Council Member Molloy reviewed the
August 12, 2009 meeting minutes which were included in the packet.
H-7. Miscellaneous Commissions and Committees
H-7a. Beautification Committee -- No report.
H-7b. Alaska Municipal League Report -- Council Member Smalley reported
on discussions and actions taken at the summer AIML Legislative meeting.
H-7c. Mini -Grant Steering Committee -- No report.
H-7d. Advisory Cemetery Committee -- Council Member Eldridge reported
the next meeting was scheduled to be held August 20, 2009.
H-7e. Kenai Convention & Visitors Bureau -- Council Member Smalley
reported the next meeting was scheduled to be held on August 31, 2009.
-53-
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 16
H-7f. Reports of KPB Assembly, Legislators and Councils -- Report given at
the beginning of the meeting.
ITEM I: REPORT OF THE MAYOR -- No report.
J-1. City Manager -- City Manager Koch reported the following:
o Notification would be sent to last legal owners of junk vehicles that had
been abandoned on Black Gold Estates property. Upon notification, the vehicles
would be removed at city expense. Additionally, barriers would be placed to eliminate
access to the area.
• He would be meeting with Governor Parnell during his visit to the area
on August 29, 2009.
• He received a report from the consultants with regard to the water wells.
He would be requesting a work session in the future to review the information further.
• A water system leak detection process would take place during the next
week.
• He was finishing the DEC paperwork and funding agreements.
• The application for water/sewer along Bridge Access Road was moving
forward.
• The new STIIP list included projects for the Spur Highway, etc. in FY 11.
• The Borough Assembly passed the resolution to allow the city to take big
rocks from its quarries at n.o cost.
• Review of the concrete ramp at the boat launch would be postponed to
May.
• Brief report of the dip net season.
• The Fire Department negotiated a donation of a rescue boat from the
Nih-iski Fire Department. The issue would be brought back to council in the future.
• The new draft agreement with the Kenai Visitors & Convention
Bureauwould be brought forward to council for consideration.
• The city was grant eligible for approximately $50,000 in energy stimulus
monies which he suggested would be used to change lighting in the Multipurpose
Facility and the Recreation Center.
• Would discuss with Governor Parnell the effect of cap and trade for
Alaska refineries.
J-2. Attorney -- City Attorney Graves reported the following:
• The new city attorney, Krista Stearns would begin work on Monday,
August 24, 2009.
• Ms. Stearns would be sworn in on Monday, August 24, 2009 at 10:00
a.m.
-54-
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 17
Because this was his last council meeting, he thanked the council
members, present and past, and employees for their support over his years of service
to the city.
J-3. City Clerk -- City Clerk Freas reported there were three candidates on
the October 6, 2009 election ballot: Tim Navarre, Ryan Marquis, and Bob Molloy.
ITEM K: DISCUSSION
K-1. Citizens `five minutes)
Bob Peters, 902 Mission Avenue, Kenai -- Commented on the proposed
informational flyer.
K-2. Council
Smalley -- Noted the following:
® Thanked Graves for his years of service, it had been great working with
him, and he looked forward to working with Ms. Stearns.
® Commented on stimulus money for highway/transportation and
suggested the city be watchful to be sure the area projects remained on the STIIP list.
Johnson -- Reported school would start on Monday, August 24; the Ninilchik Fair
would open at the end of the week; and thanked Graves for his assistance to her.
Molloy -- Noted the following:
• Thanked Graves for his years of service.
a Suggested a parking plan be identified for next year's dip net fishery to
prevent parking on South Forest Drive and Toyon Way, etc.
Ross -- Thanked Graves for his years of outstanding service to the city.
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. 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
-55-
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 18
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
MOTION:
Council Member Molloy MOVED to convene in an executive session of the council of
the City of Kenai, to conduct the City Attorney exit interview, a matter that could
prejudice the reputation and character of another and requested Graves to attend the
session. Council Member Smalley SECONDED the motion.
VOTE:
Porter
Yes
Smalley
Yes
1 Moore
Yes
Eldridge
Yes
Ross
Yes
Molloy
Yes
Bo le
Absent
� I
MOTION PASSED UNANIMOUSLY.
EXECUTIVE SESSION BEGAN: 10:30 P.M.
BACK TO ORDER: 10:44 P.M.
Council Member Molloy reported the council met in an executive session to conduct
the exit interview of City Attorney Graves. Council discussed transition plans and
other matters. Suggestions were received from Graves. It was a good session.
ITEM M: ADJOURNMENT
MOTION:
Council member Smalley MOVED to adjourn and Council Member Moore SECONDED
the motion.
VOTE:
There were no objections. SO ORDERED.
There being no further business before the Council, the meeting adjourned at
approximately 10:45 p.m.
-56-
KENAI CITY COUNCIL MEETING
AUGUST 19, 2009
PAGE 19
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.
-57-
PAYMENTS OVER $15,000.00 WHICHNEED COUNCIL RATIFICATION
COUNCIL MEETING OF: SEPTEMBER 2, 2009
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT
HOLIDAY COMPANIES
FUEL USAGE
VARIOUS
OPERATING SUPPLIES
15,178.09
PERS
AUGUST PERS
VARIOUS
LIABILITY
154,928.31
ICMA 457 PLAN
AUGUST 457 PLAN
VARIOUS
LIABILITY
23,966.51
Cn INVESTMENTS
Ou
VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int
PURCHASE ORDERS OVER $1S,000.00 WHICH NEED COUNCIL APPROVAL.
COUNCIL MEETING OF: SEPTEMBER 2, 2009
VENDOR DESCRIPTION - DEPT. ACCOUNT AMOUNT
DOORS/WINDOWS
GARAGE/SHOP DOORS
WWTP
REPAIRS & MAINT.
15,800.00
MITY-LITE
DINING ROOM CHAIRS
CONGREGATE HOUSING
MACHINERY & EQUIPMENT
19,928.00
C31
'INCREASE OF EXISTING PURCHASE ORDER
VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT
90558- COURTHOUSE
PENINSULA CONSTRUCTION C/O #3 PARKING ADDITIONAL WORK 16,655.09 241,062.59
KACHEMAK ELECTRIC C/O #1 90417 - STREET LIGHTS INSTALL TRANSFORMERS 3,330.06 77,028.06
"Wiage with a Past, C# wt01 a Fa tare
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 i if P
Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014
1992
\ eke cityuf!/ MEMORANDUM
KENAI, ALASKA
TO: Rick Koch, City Manager
, l/`
FROM: y 9 Wayne
Wa Ogle, Public Works Direct0oo
DATE: August 27, 2009
SUBJECT: Kenai Courthouse Parking Expansion - 2009
Please increase PO 90558 to Peninsula Construction by $16,655.09 for Change
Order No. 3 to their contract for the Kenai Peninsula Courthouse Parking
Expansion Project. This change order increases the contract amount for extra
earthwork and paving quantities caused in part by deeper overlaid silt found
across the site, a bury pit along the north side, and an addition of four parking
spaces. The additional spaces were added to the plans; however, the quantities
did not get added to the bid proposal.
For Council Approval: September 2, 2009
Finance Approval: 7-
"Village with a Past, C y with a Future,/
210 Fidalgo Avenue, Kenai. Alaska 99611-7794 bcftd
d Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014
t6reciCynf' MEMORANDUM vCURI RtRCUR
4
TO: Rick Koch, City Manager
FROM: Wayne Ogle, Public Works Director/6-
DATE: August 27, 2009
SUBJECT: LED Streetlight Installation - 2009
Please increase PO 90417 to Kachemak Electric in the amount of $3,330.06 to
provide and install 35 ea. 480 vac step-down transformers per RFI-01.
Specifications calls to provide 70 fixtures. Ballast in these fixtures is rated at
120-277 vac input. Supply voltage to 35 of the fixtures is 480 vac.
For Council Meeting - September 2, 2009
For Finance approval: 7-�L.
-61-
s;°,'I• Suggested by: Administration
<<A
N,��uypf CITY OT+ KENAI
KENAI, ALASKA
ORDINANCE NO. 2436-2009
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $938.08 IN THE GENERAL FUND
FOR BUREAU OF HIGHWAY PATROL EQUIPMENT EXPENSES.
WHEREAS, since July 1, 2009, the Kenai Police Department has one police officer
participating with the Alaska State Troopers Bureau of Highway Patrol traffic team;
and,
WHEREAS, the Bureau of Highway Patrol has agreed to reimburse the City of Kenai
for equipment expenses related to equipping a new officer that was hired to
temporarily replace the veteran officer who participates with the BHP traffic team; and,
WHEREAS, uniform and gear expenses for July of 2009 to equip the new police officer
totaled $938.08, and were paid out of the police operating account; and,
WHEREAS, the City will receive reimbursement from the State of Alaska BHP for these
expenditures.
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:
State Grant $938.08
Increase Appropriations:
Police - Operating Supplies $938.08
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
September, 2009.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
on
PAT PORTER, MAYOR
Introduced: September 2, 2009
Adopted: September 16, 2009
Effective: September 16, 2009
Kenal Police Department
Ji rM I Lei in i i Le
To: Rick Koch, City Manager
From: Gus Sandahl. Chief of Police
Date: 8/26/2009
Re: Request for Ordinance Appropriating $938.08 into Police - Operating
Since July 1, 2009, Officer Casey Hershberger has worked with the AST Bureau of
Highway Patrol as part of a multi -jurisdictional partnership aimed at reducing fatal and
major injury crashes in Alaska.
The Bureau of Highway Patrol (BHP) has agreed to reimburse the City of Kenai for the
first year equipment costs for the new officer who was hired to replace Officer
Hershberger while he temporarily works with the BHP. A grant from the Alaska
Highway Safety Office is the source of the reimbursement funding.
Equipment costs for the new officer in July of2009 totaled $938,08. These costs
included a ballistic protective vest and a winter parka. Both expenses were paid out of the
police operating account.
Since reimbursement checks from the State of Alaska are deposited into the City of Kenai
general fund, I am requesting an ordinance to appropriate $938.08 back into the police
operating account.
® page 1
_63_
Suggested by: Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $5,625.00 IN THE CONGREGATE
HOUSING FUND, PROFESSIONAL SERVICES FOR AN INCREASE IN THE
CARETAKER CONTRACT IN EXCESS OF ORIGINALLY BUDGETED AMOUNTS.
WHEREAS, a new contract is being negotiated for caretaking at the City's Congregate
Housing Facility: and,
WHEREAS, budgeted amount were based upon $2,000 per month and the contract
being negotiated is based upon $2,500 per month for the services.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
Congregate Housing Fund:
Increase Estimated Revenue
Appropriation of Retained Earnings $5,625.00
Increase Appropriations
Professional Services $5,625.00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
September, 2009.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced:
September 2, 2009
Adopted:
September 16, 2009
Effective:
September 16, 2009
New Test Underlined; [DE1LOrED TEXT BRACKETED:
N
Hering People Age with Dignity
TO: Rick Koch, City Manager
FROM: Rachael Craig
DATE: August 25, 2009
REFERENCE: Facility Manager
As of August 24, 2009, we have executed a contract with Bill Sadler to be
the new facility manager for Vintage Pointe Manor. The contract covers the
period of August 24, 2009 through September 30, 2009 and is at the rate of
$2,500 per month. We interviewed three people for this position. I
recommend we provide a salary in the amount of $2,500/month including
the manager's apartment. Bill Sadler comes with excellent
recommendations, is very qualified to do repair and maintenance and he is
required, if need be, to be on call 24/7. The FY2010 budget was approved
with funding for $2,000 per month. A contract for the remainder of the
fiscal year will be sought in the amount of $22,500 to begin on October 1,
2009, however sufficient funds are unavailable due to the increase in the per
month contract price. In order to forward a contract for your approval at the
September 160' Council Meeting, additional funding of $5,625 is needed. A
supplemental appropriation is requested in the amount of $5,625 from
retained earnings.
361 SENIOR COURT_NAI, ALASKA 99611
_
TELEPHONE: (907) 2834156 o FAX: (90 83.3200 4 E-MAIL: senior@ci.kenai.ak,us
Suggested by: Administration
the ughW J/
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $18,628.00 IN THE
CONGREGATE HOUSING FUND, REPAIR AND MAINTENANCE FOR INSTALLATION
OF LANDSCAPING SPRINKLERS ALONG THE FRONT OF THE VINTAGE POINTE
HOUSING FACILITY.
WHEREAS, sufficient funds remained in the Congregate Housing Fund's Repair and
Maintenance account at the end of fiscal year 2009; and,
WHEREAS, the Center intended to have the sprinklers installed prior the end of the
fiscal year; and,
WHEREAS, the Center was unable to accomplish the installation prior to year end and
the project was not included in the fiscal year 2010 budget; and,
WHEREAS, the Center is requesting appropriation of Fiscal Year 2009 lapsed funds so
as to not deplete the Center's Fiscal Year 2010 budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
Congregate Housing Fund:
Increase Estimated Revenue
Appropriation of Retained Earnings $18,628.00
Increase Appropriations
Repair and Maintenance $18,628.00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
September, 2009.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: %
PAT PORTER, MAYOR
Introduced: September 2, 2009
Adopted: September 16, 2009
Effective: September 16, 2009
New Text Underlined; !DELETED TEAT BRACKETED;
m
Helping People Age with Dignity
TO: Rick Koch, City Manager
FROM: Rachael Craig
DATE: August 25, 2009
REFERENCE: Vintage Pointe Landscaping Sprinkler
System
I would like to request supplemental funding from retained earnings in the
Congregate Housing Fund in the amount of $18,628 for the installation of 2
waterlines for landscaping sprinklers by Preferred Plumbing and the
installation of a landscaping sprinkler system from Colton Underground
Sprinklers on the right and left side front of Vintage Pointe Housing. The
landscaping sprinkler project was expected to be completed by June 30,
2009 and paid with FY2009 available funds however the project was not
able to be completed as originally planned. $40,935 was available at June
30 in the Congregate Housing Fund's repair and maintenance account that
subsequently lapsed to retained earnings. The supplemental appropriation
will accommodate payment for the sprinkler system from the funds
originally identified to pay for it.
361 SENIOR COURT -,44NAI, ALASKA 99611
TELEPHONE: (907) 2834156 • Fax: (9 83-326J • E-MAIL: senior@ci,kenai.ak.us
Suggested by: Administration
<<A
fire cifyof
KENAI, ALASKA CITY OF KENAI
ORDINANCE NO. 2439-2009
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $7,163.00 FOR CITY MANAGER
PAY AND BENEFITS INCREASE IN EXCESS OF ORIGINALLY BUDGETED AMOUNTS.
WHEREAS, City Council has authorized a FY2010, 4.5% COLA (Cost of Living
Allowance) increase for the City Manager; and,
WHEREAS, the effect of the increase for wages and benefits will be $7,163.00 and
shall be applied retroactively to ,1uly 1, 2009,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenue
Appropriation of Fund Balance
$7,163.00
Increase Appropriations - Clerk
Salaries
$5,625.00
Leave
152.00
Medicare
84.00
PERS
1,238.00
Unemployment Insurance
29.00
Workers Compensation
35.00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 166 day of
September, 2009.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: 4r--�
PAT PORTER, MAYOR
Introduced: September 2, 2009
Adopted: September 16, 2009
Effective: September 16, 2009
New Text: Underlined; [DELETED TEXT BRACKETEDI
"Vilfarye wiM a Past, C# with a Fatwe
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 ext 221 / FAX: 907-283-3014
To: Rick Koch, City Manager
1,4 From: TerryEubank
Date: August 27, 2009
Re: Ordinance 2439-2009
Ordinance 2439-2009 appropriates the additional funds needed as a result of amendment to your
employment contract that was approved at the August 19, 2009 Council Meeting. No cost of
living increase was included in the FY2010 budget for the City Manger Position. An additional
$7,163 is needed for the City Manager position to receive the 4.5% cost of living allowance the
Council approved. With the amendment to the contract, similar ordinances will be avoided as
the contract now indicates the timing and method for determining cost of living increases for the
City Manager.
V
„Vil&ye With a PaStC# tvA a Futare'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
�M �opm 1�
TO: Mayor and Council Members
FROM: Carol L. Freas, City 1 ri
DATE: August 28, 2009
OCTOBER•0• CrTY GENERAL ELECTION
ApprovalPrecinct Election Board
Canvass Board Appointment
Following are the people who have agreed to work on the Election Boards for Precincts
1, 2, and 3 in the City of Kenai.
F— Kenai No. 1, 33/710 Kenai 1No. 2, 33/720
Kenai No. 3, 33/730�
Mary Troy Castimore, Chair ! Lucile Barton, Chair
June Harris, Chair
Virginia Walters Dallas Armstrong
M Estes
Mary Quesnel Ronald E. Fullinek
Rub Christo herson
Valerie V. Kwietniak Deborah A. Ftxlhnek
!
Mary Armstrong
Karen Eberhard Janice M. Daniels
David A. Merrill
As required by KMC 6.05,040, all the persons listed are qualified voters of the City.
KMC 6.05.040 also states the City Council appoints the members of the election
boards.
Does Council wish to appoint these persons as election board members for the
October 6, 2009 City of Kenai election?
Additional information:
KMC 6.05.120 establishes a Canvassing board, designates the City Clerk as its Chair,
and consisting of the Chair of each precinct board (or if needed, another election judge
from the same precinct as a substitute), and up to five additional judges selected from
among the qualified voters of the City.
The Canvass Board will consist of the following people;
TroyCastimore Kenai Precinct Iv`o. 1
A. Susan Smalley
rMary
Lucille Barton Kenai Precinct No. 2
Lori Se our J
June Harris (Kenai Precinct No. 3)
!Corey Hall
W"I
COUNCIL ON AGING MEETING
AUGUST 13, 2009
KENAI SENIOR CENTER
7:00 P.M.
AGENDA
ITEM 1:
CALL TO ORDER & ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3:
APPROVAL OF MEETING SUMMARY -- July 9, 2009
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
a.
Laurie Engler -- Independent Living Center
ITEM 5:
OLD BUSINESS
ITEM 6:
NEW BUSINESS
ITEM 7:
REPORTS
a.
Council on Aging Chair
b.
Director
C.
Council Liaison
ITEM 8: QUESTIONS & COMMENTS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of July 15 and August 5, 2009.
ITEM 11: ADJOURNMENT
-71-
AUGUST 13, COUNCIL ON AGING MEETING
KENAI SENIOR CENTER
JOANVA HOLLIER,•
Chair Hollier called the meeting to order at approximately 7:00 p.m. Roll was
confirmed as follows:
Members present: J. Hollier, L. Flowers, E. Jones, V. Geller, B. Osborn,
M. Milewski, R. Fullinck
Members absent: R. Jurgensen, L. Nelson
Staff/Council Liaison present: Senior Center Director R. Craig, Council Member
R. Ross
A quorum was present.
ITEM 2: AGENDA APPROVAL
MOTION:
Member Osborn MOVED to approve the agenda as presented. Member Fullinck
SECONDED the motion. There were no objections. SO ORDERED,
ITEM 3: APPROVAL OF MEETING SUMMARY --July 9, 2009
MOTION:
Member Osborn MOVED to approve the meeting summary of July 9, 2009 and
Member Flowers SECONDED the motion. There were no objections. SO ORDERED.
ITEM 4: PERSONSSCHEDULED TO BE HEARD
4-a, Laurie Engler -- Independent Living Center -- Spoke regarding the
Aging &, Disability Resource Center (ADRC); noted the Independent Living Center
reports to the State agency what services are missing in the area explained short and
long-term goals; and, discussed how services are linked to other resources.
ITEM 5: OLD BUSINESS -- None
ITEM 6: NEW BUSINESS -- None
ITEM 7: REPORTS
7-a. Council on Aging Chair -- Hollier noted there would be no meeting in
September as Director Craig would be attending the Meals on Wheels Conference.
-72-
7-h. Director -- No report
7-c. Council Liaison -- Council Member Ross reviewed the action agenda
items of the July 15 and August 5, 2009 City Council meetings which were included in.
the packet.
ITEM 8: QUESTIONS & COMMENTS -- None
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None
ITEM 10: INF'ORMIATION
10-a. Council Action Agendas of July 15 and August 5, 2009,
ITEM 11: ADJOURNMENT
MOTION:
Member Osborn MOVED to adjourn and Member F llinck SECONDED the motion.
There were no objections. SO ORDERED.
There being no further business before the Council, the meeting was adjourned at
approximately 8:07 p.m.
Meeting summary prepared and submitted by:
Corene Hall, Deputy City Clerk
-73-
COUNCIL ON AGING MEETING
AUGUST 13, 2009
PAGE 2
Me
"Village wA a N4 C# wifk a Fature"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.ci.kenai.ak.us
Mbs7 C3+��Ili
TO: Mavor and Council Members
FROM: Carol L. Freas, Cit Cl rk
DATE: July 30, 2009
RE: LIBRARY COMMISSION M EMI
Presently, the Library Commission has two vacancies. Attached is an application
submitted by Kimberly M. Glidden for your appointment consideration.
Cif
Attachment
-74-
irtM
tke ciylOf Z/
KENAL A ASKA
RATE: y
NAME:
CITY OF KENAI
"Village with a past -- City with. a future. "
JUL 3 2009
KECITY CLERK
RETURN TO:
KENAI CITY CLERK
210 FIDALGO AVENUE
KENAI, AK 99611
PHONE: 283-7535, EXT. 231
FAX: 283-SO69
U
Resident of the City iio/f� Kenai? f j {___ q How long? i (55 -
Residence Address t t , �� t 1 } —
Mailing Address Ij Li }(l Home Tele hone
qkl'P No.
Home Fax No. Business Telephone No 7�15�
Business Fax No. Email Address: 16WAr'e' sl_<< , df l� 61a°YIJka
May we include your contact information on our web page?
include?
ALL Z If not
EMPLOYER: ^.!- f i d r # I}/I Job Title
may we
Past organizational memberships: 1x i if
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU WANT T BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
t� ✓/ ��C�i1? /IP f1G fG J!� ✓ILY�� 5 %r✓2 i�r i/ LfiY?l[SSi
,,ls'" 5' > ✓'rv'rrfar G',.^, fc` is9 `,'��.,7r� Grc.-,'ltt
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
-75-
ADVISORY CEMETERY COMMITTEE
AUGUST 20, 2009
CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY
a. June 18, 2009
b. July 16, 2009
ITEM 4: PERSONS SCHEDULED TO BE HEARD
a. Peter Klauder, Klauder & Company Architects, Inc. -- Cemetery
Design
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
ITEM 7: REPORT
a. Committee Chair
b. Director
C. City Council Liaison
ITEM 8: COMMITTEE MEMBER COMMENTS AND QUESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION ITEMS
a. Kenai City Council Meeting Action Agendas for July 15 and August 5,
2009.
ITEM 11: ADJOURNMENT
me
AUGUST s 2009
COUNCILCITY
7:00 P.M.
ELDER,CHAIR E.J. 1
ITEM 1: CALL TO ORDER AND ROLL CALL
Chair Elder called the meeting to order at approximately 7:37 p.m. Roll was confirmed
as follows:
Members present: B. Elder, J. Buffington, R. Harrison
Members absent: K. Mohn
Staff/Council Liaison present: Parks and Recreation Director R. Frates, Public
Works Director W. Ogle, Council Member B. Eldridge
A quorum was present.
ITEM 2: AGENDA APPROVAL
MOTION:
Member Buffington MOVED to approve the agenda as presented and Member Harrison
SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY
3-a. June 18, 2009
3-b. July 16, 2009
7* 6
Member Buffington MOVED to approve the meeting summaries of June 18 and July
16, 2009. Member Harrison SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4: PERSONS SCHEDULED TO BE HEARD
4-a. Peter Klauder, Klauder & Company Architects, Inc. -- Cemetery
Design
Klauder presented preliminary drawings which included three phases for the proposed
cemetery expansion and noted electricity and irrigation would need to be flushed out.
Suggestions from the Committee included:
Orient plots east and west.
• Relocate the storage shed.
• Add an area for three flag poles.
ffm
F+3l: ��: a7iY7eiih^ll�1a�`b^�i•fiSTa
ITEM 6: NEW BUSINESS -- None
ITEM 7: REPORT
7-a. Committee Chair -- None
7-h. Director -- Frates thanked Mr. Klauder for his time and work on the
design along with the Committee's effort.
7-c. City Council Liaison -- Council Member Eldridge reviewed the action
agenda items from the August 19, 2009 Council meeting.
ITEM S: COMMITTEE MEMBER COMMENTS AND QUESTIONS
Mr. Sandahl, Parks and Recreation Commission Liaison, thanked the Committee for
their dedication and involvement.
ITEM 10: INFORMATION ITEMS
10-a. Kenai City Council Meeting Action Agendas for July 15 and August 5,
2009.
ITEM 11: ADJOURNMENT
MOTION:
Member Buffington MOVED to adjourn and Member Harrison SECONDED the motion.
There were no objections. SO ORDERED.
There being no further business before the Committee, the meeting was adjourned at
approximately 9:15 p.m.
Meeting summary prepared and submitted by:
Corene Hall, Deputy City Clerk
ADVISORY CEMETERY COMMITTEE MEETING
AUGUST 20, 2009
PAGE 2
-78-
ITEMS
1. 9/2/2009 Purchase Orders Between $2,500 and $15,000 for council review.
2. 8/ 10/09 J. Harris email transmission thank -you letter related to the relocation
of the historic cabins.
3. Draft/Updated Kenai Convention &, Visitors Bureau Management Contract.
4. 91i2/09 Public Works Department, Project Status Report.
5. 8/20/09 Senator T. Wagoner letter related to the right-of-way along the road to
the Wildwood Correctional Facility.
6. 9/ 1/09 Kenai Peninsula Borough Assembly Meeting Agenda.
:1
PURCE..JE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNU.®REVIEW
COUNCIL MEETING OF: SEPTEMBER 2, 2009
VENDOR
DESCRIPTION
DEPT.
ACCOUNT
AMOUNT
UTILITY SERVICES ASSOCIATES
LOCATE WATER LEAKS
WATER
REPAIR & MAINTENANCE
6,230.00
INNOVATIVE SOLUTIONS CONSULTING
HARASSMENT TRAINING
NON -DEPARTMENTAL
INSURANCE
3,450.00
KENAI WATERSHED FORUM
INSTALL WILDLIFE VIEWING PLATFORM
TIDAL MARSH REHAB.
CONSTRUCTION
5,000.00
INGRAM LIBRARY SERVICES
BOOKS
LIBRARY
BOOKS
4,000.00
Carol Freas
From:
Patricia Porter (kenaimayor10@msn.coml
Sent:
Thursday, August 20, 2009 4:24 PM
To:
Carol Frees
Subject:
Fw: Historic Cabin Relocation
Carol, would you please place this letter in the next council packet?
Thank you,
Pat
---- Original Message -----
From: Joe or JuneHarris
To: kenaimayor10()msn.com
Cc: George Ford
Sent: Monday, August 10, 2009 10:30 AM
Subject: Historic Cabin Relocation
Pat Porter
City of Kenai
Pat,
As you know, I am a volunteer associated with the Kenai Historical Society and the relocation of the
homesteader cabins. The project has been long, and at times, a bit arduous, but it is progressing very
nicely. A large part of the progress is due to the city's support and I want to take this opportunity to
thank you, the city manager, public works director, and the city employees who have been associated
with this project. You have all done a great job and deserve recognition and a pat on the back for a
job well done. Your enthusiasm and support have been a catalyst for me. Without that support, many
portions of this job would have taken longer.
Also, the willingness and ease of the city hall employees to work with me is greatly appreciated.
Thank you all for helping make this project come closer to completion. Isn't it great to live in Kenai?
Sincerely,
Joe Harris
r
-82-
"Wlage d-h Eli. Pries C#witha &4tre'
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAY: 907-283-3014
1992
tie ��y df
v W
August 25, 2009
Ms. Natasha Ala, Executive Director
Kenai Convention & Visitors Bureau, Inc.
11471 Kenai Spur Highway
Kenai, AK 99611
Dear Ms. Ala:
The purpose of this letter is to provide the attached revised Facilities Management Contract
between the Kenai Convention & Visitors Bureau and the City. The revised contract contains the
following revisions discussed at our meeting on August 7, 2009:
1, Under Section 2. Period of Performance, the term was extended to provide for a five
year term with a termination date of December 31, 2014.
2, Under Section 3A- Primary Ses-s ices, "KVCB" was corrected to "KCVB"
3. Section 3A- Primary Services (1) (K), was amended to coincide with the current hours
of operation as follows: "The KCVB shall provide visitor information services at the
Center no less than between the hours of 10: 00 AM to 7: 00 PM, seven (7) days per week
for the period May 1 through September 30 of each year. From the period of September
30 to May 1, the KCVB shall provide visitor information services at the Center no less
than between the hours of 10:00 AM to 6:00 FM, Tuesday through Saturday."
4. Section 3A- Primary Services (4), was amended to allow for a fee for admittance to the
Center as follows: "The KVCB shall not charge a fee for admittance to the Center, unless
specifically approved by the City.
5. Under Section 3B—Secondary Responsibilities, the following section "B" was deleted:
"10% of the fees derived by KCVB from leasing the. Center shall be, remitted to the City
within thirty (30) days of the event. The City shall designate the funds for equipment
replacement and maintenance of the Center."
6. Under Section 4- Building Maintenance, Operation & Capital Improvements, the
following language was added to allow the City access to the Mechanics Room:
"The City shall be permitted access to the Mechanics Room during all hours in order to
perform necessary maintenance and repairs."
7. Under Section 5 — Insurance, (3), the following section "A" was deleted: "This amount
is dependent upon the value of the collection that is provided every January I5`h"
in
It is my intent to include the revised Facilities Management Contract in the September 2"d
Council packet as an informational item and to have it in the September 16"' packet for Council
Approval. Please provide a copy of the current application form used by Saturday Market
vendors, which shall be provided as an attachment to the Contract. .
Thank you for your attention in this matter. If you have any questions, or amendments, please
contact me at your convenience.
Sincerely,
CITY OF KENAI
ti ,, ds a4,
ici . och i
City Manager.
cc: Ms. Jackie Steckel, Board President, KCVB
FACILITIES MANAGEMENT CONTRACT FOR
THE KENAI VISITORS AND CULTURAL CENTER
The parties to this agreement are the City of Kenai (City) and the Kenai Convention and Visitors
Bureau, Inc (KCVB), The purpose of this agreement is to define the roles and obligations of the parties
regarding the Kenai Visitors and Cultural Center (Center).
The parties agree as follows:
Section 1
The City hereby agrees to engage the KCVB and the KCVB hereby agrees to perform the
services hereafter set forth. The KCVB accepts the relationship of trust and confidence between it and the
City and agrees to perform the services under this Contract with due diligence, due care, and in a good
and professional manner.
Section 2 -- Period of Performance
This contract shall be in effect from _ thru December 31, 2014 unless
terminated earlier as specified in Sections 8 or 9.
Section 3 -- Scope of Services
The KCVB shall provide the primary and secondary services provided for in this Contract which
are described with particularity in this section:
Section 3A — Primary Services
The following are the KCVB's primary responsibilities in this contract and as such take priority
over its secondary responsibilities:
1) Visitor Services
A. Create, design, and produce a visitor's guide, brochures and related sales materials designed
to attract both in -state and out of state visitors to Kenai.
i) The City of Kenai will receive four (4) pages in the visitor's guide. The value is estimated to
be $5,000, and is included as part of the compensation under this agreement.
B. Maintain a website designed to provide visitor information and attract both in -state and out of
state visitors to Kenai,
FACILITIES MANAGEMENT CONTRACT FOR THE
KENAI VISITORS AND CULTURAL CENTER Page 1 of I t
i
C. Target consumer groups (such as the American Automobile Association, Good Sam Club,
American Association of Retired Persons, American Birders Association, etc.) to encourage their
members to visit and lodge in Kenai.
D. Provide marketing for wildlife and bird viewing.
E. Provide marketing for Kenai hotels/motels and bed and breakfast facilities.
F. Provide marketing for Kenai sport and personal use fisheries.
G. Provide marketing for conferences and conventions to be held in Kenai.
H. Promote various City special events to attract visitors to Kenai.
1. Encourage bus tour groups to spend more time in Kenai for visits, meals and/or overnight
lodging.
J. Provide marketing in airline flight magazines.
K. The KCVB shall provide visitor information services at the Center no less than between the
hours of 10:00 AM to 7:00 PM, seven days per week for the period May I through September 30 of each
year. From the period of September 30 to May 1, the KCVB shall provide visitor information services at
the Center no less than between the hours of 10:00 AM to 6:00 PM, Tuesday through Saturday.
2) Kenai Visitor and Cultural Center Displays. There will be displays representing each of the
following areas:
A. Informational
B. Historical and Cultural
i) Kenai'tze Indians — display informing the viewer of the cultural history of the
Kenai'tze Indians, including present day presence in the community.
ii) Russian — display informing the viewer as to the past and present Russian
contributions and involvement in the community.
iii) Pioneers and Homesteaders -display informing the viewer about the Federal and
State Homestead programs and the contributions of homesteaders and pioneers in the
community.
iv) A City Collection of historical artifacts.
a. The KCVB shall by January 15 of each year provide the City Manager with an
inventory of items in the Center's collection and shall designate whether such
items are owned by the city, the KCVB or another person or entity.
b. Additions to the City's collection may not be accepted without the written
permission of the City Manager.
FACILITIES MANAGEMENT CONTRACT FOR I BF
KE.NAI VISITORS AND CULTURAL CENTER Page 2 of I I
c. The KCVB shall provide the City Manager by January 15 of each year with a
list of items in the City's collection which are considered surplus or not needed.
C. Industry
i) Oil and Gas — Display informing the viewer of the importance and contribution of oil
and gas. The City -owned model of an oil and gas production platform will be
incorporated into the display.
if) Commercial Fishing
3) Visitor Outreach Reporting.
A. Visitor Contacts — track the number and nature of visitor contacts to the Center. This should
include contacts made by phone, mail and other forms of contact.
B. Visitors at Center —track the number of visitors to flee center by month.
C. Website Traffic — track the number of visits to the Center website by month.
D. MaiIings — track the number of communications mailed from the Center.
E. Requests for Information —track the total number of requests for information per month.
F. Other.
4) Fee/Donations—The KCVB shall not charge a fee for admittance to the Center, unless
specifically approved by the City.
5) Annual Budget Requests. The KCVB shall submit any budgets requests, including funding for
this contract; by January 15"n
Section 3B — Secondary Responsibilities
The following are the secondary responsibilities of the KCVB under this contract and as such are
subordinate to the primary responsibilities.
1) Leasing of the premises for events.
A. The KCVB shall use the form attached to this contract and marked as Attachment _ when it
leases part of the premises. Commercial lessees must have a current valid State of Alaska business
license and be registered for sales tax with the Kenai. Peninsula Borough.
2) Saturday Market.
A. Vendor applications for Saturday Market shall be on the form attached to this contract and
marked as Attachment . Saturday Market vendors must have a current valid State of Alaska
business license and be registered for sales tax with the Kenai Peninsula Borough.
3) KCVB Collection
FACILITIES MANAGEMENT CONTRACT FOR THE
KENAI VISITORS AND CULTURAL CENTER Page 3 of I I
0
A. Art Exhibits/Shows —the KCVB is authorized to hold art exhibits and/or shows at the Center.
If any displays described under the primary responsibilities need to be temporarily moved to
accommodate these shows, a written request for authorization must be submitted to the City Manager,
which includes a schedule identifying when the displays will be removed. and replaced., a minimum of 14'
days in advance of the exhibit/show.
4) Sales of merchandise by the KCVB are allowed at the Center.
5) Any other use of the Center must be approved in advance by the City Manager.
Section 4 -- Building Maintenance, Operation & Capital Improvements
1.) The City shall be responsible for maintenance of the Center, including building repairs and
maintenance, restroom supplies, plumbing and electric supplies, and other costs ordinarily incidental to
the maintenance of a public facility. The City shall be responsible for providing the utilities (water,
sewer, electricity, heat and garbage removal) for the Center.
2) The City, its officers, agents and representatives shall be permitted to enter the Center premises
during operating hours to reexamine the same. The City will notify the Center if it requires emergency
entry after operating hours. The City shall be permitted access to the Mechanics Room during all hours in
order to perform necessary maintenance and repairs.
3) The KCVB shall take all reasonable precautions to prevent unauthorized entry into the Center,
including the placing of signs or other devices intended to deter or restrict such entry. The KCVB shall
develop and follow policies and procedures relating to issuing keys, handling cash and deposits, opening
and closing, and dealing with difficult patrons.
4) The KCVB agrees not to make any alternations or renovations to the Center premises without
prior written consent of the City. Approved projects will require an actual cost report to be filed with the
City at completion of the project,
5) The KCVB shall keep all facilities of the Center in a clean and sanitary condition during the
period of operation.
6) The City shall be responsible for providingjanitorial services, snow removal and
landscaping/grounds keeping for the Center.
7) Smoking will not be allowed within the Center or within twenty (20) feet of the doors.
8) The City shall be responsible for the maintenance of Outside exhibits. KCVB shall not place or
accept outside exhibits without the permission of the City.
Section 5 -- Insurance
FACILITIES MANAGEMENT CONTRACT FOR THE
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I) The KCVB shall maintain in good standing the insurance described in subsection 2 of the section.
Before rendering any services under this Agreement, Contractor shall furnish proof of insurance in
accordance with subsection 2 of this section in a form acceptable to the City Manager.
2) Comprehensive general liability with a minimum coverage of $1,000,000 per occurrence.
Employer's Liability and Worker's Compensation for their own employees as required by statute. Each
policy of insurance required by this section shall provide for no less than thirty (30) days advance written
notice to the City prior to cancellation or change in insurance amount and a waiver of subrogation against
the City.
3) The City shall maintain a museum contents policy with a minimum coverage of $1,000,000.
The City shall also maintain broad form property damage insurance for the Center in an amount equal to
tite replacement cost of the facility.
4) The KCVB shall be responsible to maintain insurances on all property, goods and materials
owned by KCVB.
5) All policies acquired under this section shall be written by an insurer rated "A-" or better by A.M.
Best:
6) The KCVB shall report all incidents of accident or injury promptly in writing to the City
Manager.
7) Each party hereto shall give to the other prompt and timely written notice of any claim made or
suit instituted within its knowledge that is related to either parry's performance under this contract.
Section 6 -- Compensation
I ) The City will pay Contractor Seventy -Five Thousand Dollars ($75,000) per year for the services
provided under this Agreement as specified in Section 3, Scope of Services. The compensation shall be
paid in monthly installments upon billing by the KCVB. Any compensation due for portions of a month
or fiscal year will be prorated based on the number of days the agreement is in effect during that year.
2) The obligation of the City to provide funding under this Agreement is subject to the availability
of funds lawfully appropriated for that purpose.
3) Except as otherwise provided in this contractor agreed upon by the parties, the City shall not
provide any additional compensation, payment, service or other thing of value to the KCVB with
performance of this contract duties; provided however, that the KCVB shall be able to use the Center to
perform its duties hereunder. The parties understand and agree that, except as otherwise provided in this
section, administrative overhead and other indirect costs the KCVB may incur in the performance of its
FACILITIES MANAGEMENT CONTRACT FOR THE
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obligations under this contract have already been included in computation of contractor's fee and may not
be charged to the City.
Section 7 -- Termination of this Contract for Cause
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner the
obligations under this Contract or if the Contractor violates any of the covenants, agreements, or
stipulations of this contract, the City shall have the right to terminate this contract by giving written notice
to the KCVB of such termination and specifying the effective date thereof, at least ten (10) days before
the effective date of such termination. All finished or unfinished documents, data, studies, surveys and
reports or other material prepared by the KCVB under this contract are the property of the City and shall
be delivered to the City by or upon the effective date of germination. The KCVB shall be entitled to
receive compensation in accordance with the payment provisions of Section 6, pro rate to the effective
date of termination.
Section S -- Termination for Convenience of the City
The City may terminate this contract at any time by giving written notice to the KCVB of such
termination and specifying the effective date of such termination. Such written notice shall be give at
least thirty (30) days before the effective date of termination. All finished or unfinished documents, date,
studies, surveys and reports or other material prepared by the KCVB under this contract are the property
of the City and shall be delivered to the City by or upon the effective date of termination. The KCVB
shall be entitled to receive compensation in accordance with the payment provisions of Section 6, pro rata
to the effective date of termination.
Section 9 -- Modifications
The parties may mutually agree to modify the terms of the contract. Modifications to this
contract shall be incorporated into this contract by written amendments.
Section 10 -- Equal Employment Opportunity
The KCVB shall operate in compliance with all federal, state and local equal employment and
civil rights laws and regulations.
Section 11-- Assignability
FACILITIES MANAGEMENT CONTRACT FOR THE
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The KCVB may not assign any interest in this contract or delegate or subcontract work or
services under the contract without the prior written consent of the City.
Section 12 -- Non Waiver
The failure of the City at any time to enforce a provision of this contract shall in no way
constitute a waiver of the provisions, nor in any way affect the validity of this contract, any part thereof,
or the right of the City to enforce each and every provision of the contract.
Section 13 — Permits, laws and Taxes
The KCVB shall acquire and maintain in good standing all permits, licenses and other
entitlements necessary to the performance of this contract. All actions taken under by the KCVB under
this contract shall comply with all applicable statutes, ordinances, rules and regulations. The KCVB shall
pay, if applicable, any taxes pertaining to its performance under this contract.
City,
Section 14 — Relationship of the Parties
The KCVB shall perform its obligations under this contract as an independent contractor of the
Section 15 -- Contract Administration
The Kenai City Manager, or designee, will be the representative for administering this contract.
Section 16 -- Integration
The instrument and all exhibits and amendments hereto embody the entire agreement of the
parties. There are no promises, terms, conditions or obligations other than those contained herein, and
this contract shall supersede all previous communications, representations or agreements, either oral or
written, between the parties.
Section 16 -- Defense and Indemnification
The KCVB shall indemnify, hold harmless, and defend the City from and against any claim of,
or liability for negligent acts, errors or omissions of the KCVB under the contract. KCVB shall not be
required to indemnify the City for a claim of, or liability for, the independent negligence of the City. If
there is a claim of, or liability for, the joint negligent error or omission of the KCVB and the independent
negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a
FACILITIES MANAGEMENT CONTRACT FOR THE
KENAI VISITORS AND CULTURAL CENTER Page 7 of I I
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comparative fault basis. "KCVB" and "City," as used in this section, include the employees, agents and
other contractors who are directly responsible to the City and KCVB. The tern "independent negligence"
is negligence other than in the City's selection, administration, monitoring, or controlling of the KCVB or
in approving or accepting the contractor's work.
Section 1.7 — Interpretation and Enforcement
This contract is being executed by the parties following negotiations between them. It shall be
construed according to the fair intent of the language as a whole, not for or against any parry. The titles of
sections in this contract are not to be construed as limitations or definitions but are for identification
purposes only.
Section 18 --understanding
The KCVB acknowledges that its Director has read and understands the terms of the contract and
its governing board has authorized the Director to sign the contract.
Section 1.9 -- Severability
1) If any section or clause of this contract is held invalid by a court of competent jurisdiction, or is
otherwise invalid under the law, the remainder of this contract shall remain in full force and effect.
Section 20 -- Jurisdiction, Choice of Law
Any civil action arising from this contract shall be brought in the trial courts for the Third Judicial
District of the State of Alaska at Kenai, only. The laws of the State of Alaska and the City of Kenai shall
govern the rights and obligations of the parties.
Section 21 -- Notices
Any notice required to be delivered under the terms of this contract shall be personally delivered
or mailed by prepaid first class, certified mail to the following address:
City Manager Executive Director
City of Kenai Kenai Visitors and Convention Bureau
21.0 Fidalgo I1471 Kenai Spur Highway
Kenai, Alaska 99611 Kenai, Alaska 99611
Section 22 — Counterparts
FACILITIES MANAGEMENT CONTRACT FOR THE
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This contract may be executed in more than one counterpart, each of which shall be deemed to be
an original but all of which taken together shall be deemed a single instrument.
Section 23 -- Survival of Representations and Warranties
The representations, warranties, covenants, and agreements of the parties under this contract, and
the remedies of either party for the breach of such representations, warranties, covenants and agreements
by the other party shall survive the execution and termination of the contract.
Section 24 -- Financial Reporting
The KCVB agrees to keep reliable accounting records and to prepare annual financial statement
in accordance with generally accepted accounting principles. The City may require such financial
statement to be reviewed by a certified public accountant. Should the City require the KCVB's annual
financial statement to be reviewed by a certified public accountant, the City shall pay the cost of the
review or the KCVB shall submit for approval the proposal from a certified public accountant to provide
a reviewed financial statement prior to the work being undertaken. The KCVB agrees that its accounting
records shall be available for inspection by the City of Kenai upon reasonable notice, and the City may
request a copy of the KCVB's accounting records, and that the City may direct an audit at the City's
expense. The KCVB shall provide the City a copy of their Federal Income Tax return annually when
completed.
Section 25 -- Board Meetings
As a condition of this contract, the City requires the meetings of the board of directors of the
KCVB be open to the public. The KCVB Board of Directors retains the right to move into executive
session at its discretion
IN WITNESS WHEREOF, the parties have executed this Agreement on the date shown below.
FACILITIES MANAGEMENT CONTRACT FOR THE
KENAI VISITORS AND CULTURAL CENTCR Page 9 of I I
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CITY OF KENAI
By: _.
Rick Koch
City Manager
DATE:
ATTEST:
Carol L. Freas, City Clerk
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
KENAI CONVENTION AND
VISITORS BUREAU
By:
Ynntea name: _
Executive Director
DATE:
By:
Printed Name:
Of the Board of Directors
DATE:
Approved as to form:
Krista Stearns
City Attorney
THIS IS TO CERTIFY that on this _ day of. 2009, RICK KOCH, KENAI
CITY MANAGER, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authorized execution of the
foregoing instrument.
Notary Public for the State of Alaska.
My Commission Expires:
STATE OF ALASKA )
) ss.
FACILITIES MANAGEMENT CONTRACT FOR THE
KENAI VISITORS AND CULTURAL CENTER Page 10 of I I
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of , 2009,
EXECUTIVE DIRECTOR of the KENAI CONVENTION AND VISITORS BUREAU, being
personally known to me or having produced satisfactory evidence of identification, appeared before me
and acknowledged the voluntary and authorized execution of the foregoing instrument.
Notary Public for the State of Alaska.
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of 2009,
PRESIDENT of the BOARD OF DIRECTORS of the KENAI CONVENTION AND VISITORS
BUREAU, being personally known to me or having produced satisfactory evidence of identification,
appeared before me and acknowledged the voluntary and authorized execution of the foregoing
instrument.
Notary Public for the State of Alaska
My Commission Expires:
FACILITIES MANAGEMENT CONTRACT FOR THE
KENAI VISITORS AND CULTURAL CENTER Page 11 of 11
CITY OF KENAI
NAM
RK — Rick Koch
WO —Wayne ogle
LF — Larry Floyd
BF — Bob Frates
City
Contact
Project Name
Status
WO
Water service Tine to Cemetery
Engineering by Wince-Corthell-Bryson; Construction by
A.A. Dan Construction underway.
LF
Fire Department Carpet Replacement
Replace flooring at fire house. Bid opening 912.
Airport Runway Safety Improvements:
Alaska Roadbuilders. Project almost complete with
WO
Taxiways F,G,H Lighting, Grading,
some signs to be placed.
Drainage - 2009
Construction contract awarded to Alaska Roadbuilders.
WO
AP Apron Rehabilitation — 2009 - 2010
Two year project which uses some ARRA funds.
Construction underway.
Boat Launch Ramp Plank Replacement -
Furnish and install approximately 30 concrete planks.
BF
Awarded to G & H Construction; Project delayed until
2009
Sprin 2010 due to insufficient low waters,
RK
Bridge Access Road — Water & Sewer
Engineering by Wm. J. Nelson & Associates is
Main Ext.
underway,
WO
Contaminated Soils — Shop
Further work in progress.
WO
Courthouse Parking Lot
Construction awarded to Peninsula Construction.
Construction complete. Project closeout underway.
The Corps has received funds to help with the design
and answer any questions from the study and agencies
RK
Kenai River Bluff Erosion Control Project
including obtaining the Corps Permit. City working with
1
Corps consultant. Tetra Tech main consultant. R&M
drilled monitoring wells.
Conversion of main thoroughfare street lights to more
WO
LED Streetlight Installation
energy efficient LED lights. Awarded to Kachemak
Electric. Work is underway.
6/5/09 Council approved Amend 2 ($402,000) to
WO
Library Expansion
ECl/Hyer contract for design development, construction
document & bidding phase services.
WO
Marathon Road —Phase II
HDL engineering. Project being bid by State DOT,
Baron Park & HEA Access Road
WO
Marathon Road Improvements
Project Closeout.
WO
S. Ames & Basin View Way Paving LID
North Star Paving — Project closeout.
Lawton Drive -Beaver Loop Water
Engineering by Wm. J. Nelson & Associates -is
RK
2009
underway.
LF
Vintage Pointe Dry Pipe Sprinkler
Alaska Automatic Fire Protection — construction
System Replacement
underway.
LF
Vintage Pointe Window Replacement
Worldwide Roofing — Project closeout.
RK
Water System
HDL further investigations of well at Spruce St. &
Second Ave.; assessing water treatment methods.
WO
Wildwood Drive Improvements
Preliminary engineering complete. ROW issues.
Project on hold.
9/2/2009
e
[ClYVB—+.91�.larail
of ]`Ilt.ALASKA STATE LEGISLATURE
8bJ
ag7 �A
SENATOR THOMAs H. WAGONER
® Member, Resources
11 ° e� O Member, Commmtiry & Regional. Affairs
Official Business ® Member, World Trade
Session: January -May Main
Street L Suite 22 r
State Capitol, ik23 145 Main Street Loop; Suite 226
Stile�uneC, A.t< 99801 Kenai, AK 99611
Phone: 907-465-2828 Fax: 907-465-4779 Phone: 9D7-2fi3-7996 Fax 907--283-8227
August 20, 2009
Mr. Joe Schmidt, Commissioner
Department of Corrections
PO Box112000
Juneau, AK 99811-2000
Dear Commissioner Schmidt;
There are some issues with the right-of-way (ROW) along the road to the Wildwood
Correctional Facility. That facility was transferred to the state years ago and the
Kenaitze Indian Tribe is of the opinion that the transfer did not include the ROW's.
The legislature appropriated funds to upgrade the road but subsequently transferred
those funds to another road because of the ROW concerns.
I would appreciate your reviewing this matter and determining if such ROW claim is
appropriate and then requesting funding through the regular budget process to resolve
the ROW issues.
Thank you for your time and attention to this matter.
Sincerely,
Senator Tom Wagoner
Xc; Jaylene Peterson-Nyren, Executive Director, Kenattze Indian Tribe; PO Box
988; Kenai, AK 99611
.Rick Koch, City Manager; Ctty of Kenai; 210 Fidalgo Ave; Kenai, AK 99611
no
1. 2009 - 7:00 PM
9tlli Martin
Isse mbly President
'eat 9 - South Peninsula
erm Expires 2009
'etc Sprague
tssembly VicePresident
'ear 4-Soldotna
'arm Expires 2010
'aul Fischer
tssembly Member
,eat 7 -Central
erm Expires 2010
iary Kropp
tssembly Member
teat I-Kalifornsky
"arm Expires 2009
+ng
L _ 'blyMembar
teat 6 - East Peninsula
rerm Expires 2009
,harlle Pierce -
issembly Member
Year 5-Slerling/FunnyRiver
term Expires 2011
Val Smalley
4ssembly Member
feat 2 - Kenai
t erm Expires 2011
9111 Smith
Assembly Member
Seat 8 - Hamer
Term Expires 2011
Sary Superman
4ssembly Member -
seat 3 - Nlkiski
Term Expires 2010
September 1, 2009
A. CALL TO ORDER
Meeting
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
D. ROLL CALL
E. COMMITTEE REPORTS
1 �I 0 11l �
Chambers, Soldotna, Alaska
F. APPROVAL OF AGENDA AND CONSENT AGENDA
(All hems listed with an asterisk (*) are considered to be routine and non -controversial by the
Assembly and will be approved by one motion. There will be no separate discussion of these
items unless an Assembly Member so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda.)
G. APPROVAL OF MINUTES
*d. August 18, 2009 Regular Assembly Meeting Minutes ......... 1
H. COMMENDING RESOLUTIONS AND PROCLAMATIONS
1. Mayor's Proclamation Declaring September 2009 as
"National Preparedness Month" ....... I .................. 11
2. Mayor's Proclamation Declaring September 9, 2009 as
"International Fetal Alcohol Syndrome Awareness Day" .. .... 12
I. PRESENTATIONS WITH PRIOR NOTICE (20 minutes total)
1. "Renewable Ocean Energy, Climate -Change` and Ocean
Acidification Research and Education Programs", Dr. Ian M.
Dutton, President Alaska: SeaLife Center (to minutes)
2. "Alternative Energy and Efficiency", Mayor Carey and John
Janik, KPB Economic Analyst (10 minutes)
J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE
AGENDA (3 minutes per speaker; 20 minutes aggregate)
a
40
Page 1 of 5
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L.
M.
MAYOR'S REPORT ........................... ......................... 13
1. Agreements and Contracts
a. Approval of Waiver of Formal Bidding Procedure for Zumar Sign
Supplies......................................... ......14
b. Authorization to Award Contract for the Road Service Area Summer
and Winter Road Maintenance, West Region, Unit 2 ............... 15
C. Sole Source Request for Purchase of 3,000 Gallon Tanker with
Chassis...................................................17
d. Notice of Intent to Accept Grant Award from Alaska Division of
Homeland Security..........................................18
e. Request for Waiver of Formal Bidding - CES Sterling Site Work .... 21
f. Authorization to Award Contract for ITB-10-005 Engine Generator
Sets.......'...............................................22
2. Other
a. Tax Adjustment Request Approval ......... ........... 24
ITEMS NOT COMPLETED FROM PRIOR AGENDA -Atone
PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)
1 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). (Referred to Finance
Committee) ....................................................25
2. 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 Under Section 106 of the
National Historic Preservation Act Related to the Chuitna Coal Project
(Mayor) (Referred to Policies and Procedures Committee) ................. 27
3. Ordinance 2009-43: Approving Percy Hope and Discovery Park R-M, Mrxed-
Residential Local Option Zoning Districts, and Amending KPB 21.46,030
and KPB 21.44.230 (Mayor) (Referred to Lands Committee) ............... 73
September I,2009
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Page 2 of 5
4. 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) (Referred to Lands Committee) ... . ................. 86
N. UNFINISHED BUSINESS
1. Postponed Item
a. Resolution 2009-072: Approving JobDescriptions forAdministrative
Service Employees (Smith) (Referred to Policies and Procedures
Committee) .............. ...........................129
O. NEW BUSINESS
1. Bid Awards
*a. Resolution 2009-076: Authorizing Capital Improvement Project Cost
Allocation and Award of Contract for the 2010 Lake Road, Moose
Ridge Avenue, Arnow Street and Kyee Street Capital Improvement
Project No. C3LAK (Mayor) (Referred to Finance Committee) ...... 241
*b. Resolution 2009-077: Authorizing Capital Improvement Project Cost
Allocation and Award of Contract for the 2010 Liberty Lane,
Commerce Street, Masters Court, Brun -low Place, Singleton Court,
Pisces Court, Aries Court, Virgo Court and Libra Court Road Capital
Improvement Project No. W6LIB (Mayor) (Referred to Finance
Committee) .............. ............................246
*c. Resolution 2009-078: Designating Archie Drive and Phillips Street
as a Fiscal Year 2010 Road Service Area Capital Improvement
Project, Approving New Road Construction, and Authorizing the
Capital Improvement Project Cost Allocation and Award of Contract
(Mayor) (Referred to Finance Committee) ......... . ............ 251
2. Resolutions
September I, 2009
*a. Resolution 2009-079: Requesting Alaska Communications Systems
(ACS), GCI, and AT&T Alascom Diligently Take Steps to Improve
All Telephone Coverage in the East End Road Area of the Kenai
Peninsula Borough (Martin, Mayor) (Referred to Legislative
Committee)..............................................260
*b. Resolution 2009-080: Authorizing Award of a Contract for External
Investment Portfolio Manager (Mayor) (Referred to Finance
Committee) ............................... ........ .— ....263
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10
0
*c. Resolution 2009-08 1: Approving the Petition Application for Witman
Estates Subdivision Utility Special Assessment District (Mayor)
(Referred to Finance Committee) . ..................... . ...... 266
*d. Resolution 2009-082: Recognizing Frontier Community Services as
the Managing Agent for the Forget -Me -Not Senior Center (Mayor)
(Referred to Policies and Procedures Committee) ................. 277
3. Ordinances
*a. Ordinance 2009-19-05: Accepting and Appropriating a Grant from
the U.S. Department of Commerce, National Oceanic and
Atmospheric Administration(N0AA) intheAmountof$699,300for
the Borough's Cook Inlet Beluga Whale Recovery Study (Mayor)
(Hearing on 10/13/09) (Referred to Finance Committee) . , ......... 283
*b. Ordinance 2009-19-06: Accepting and Appropriating Funding from
the State of Alaska in the Amount of $545,400 for Community
Purposes under the State's 2009/2010 Community Revenue Sharing
Program (Mayor) (Hearing on 10/13/09) (Referred to Finance
Committee) ................ ........ ....... ...11,......... 288
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
1. September 15, 2009 Regular Assembly Meeting 7:00 PM Homer
ASSEMBLY COMMENTS
PENDING LEGISLATION (This item lists legislation which will be addressed at a later date
as noted.) ,
L 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. Ordinance 2002-03: 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
September 1, 2009
sm
Page 4 of 5
3. Ordinance 2009-19-02: Appropriating $300,000 to the Solid Waste Capital
Project Fund for Design and Development Costs Associated with Cell 42 at
the Central Peninsula Landfill (Mayor) (Hearing on 09/15/09) (Referred to
Finance Committee)
4. 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)
5. Ordinance 2009-32 F(_ischer) Substitute: Establishing the Central Peninsula
Multi -Use Facility Service Area (Fischer) (Referred to Legislative
Committee) Tabled 08104109
6. 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
7. Ordinance 2009-46: Authorizing the Assessorto Acceptthe Late -Filed Senior
Citizen Exemption Application of Deborah Crocker for 2009 (Martin)
(Hearing on 09/15/09) (Referred to Policies and Procedures Committee)
T. INFORMATIONAL MATERIALS AND REPORTS
U. NOTICE OF NEXT MEETING AND ADJOURNMENT
The next meeting of the Kenai Peninsula Borough Assembly will be held on September 15,
2009, at 7:00 P.M. in the Homer City Council Chambers, 491 E. Pioneer Avenue, Homer, Alaska.
This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KY.BBI--AM 890 (South Peninsula),
K201AO-FM88. ](East Peninsula).
Copies of agenda items are available at the Borough Clerk's Office and in the Meeting Room just prior to the
meeting. For further information, please call the Clerk's Office at. 714-2160 or toll free within the Borough at 1-800-
478-4441, Ext. 2160, Visit our website at www.borough. kenai.akus for copies of the agenda, meeting summaries,
ordinances and resolutions.
September 1, 2009
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Page 5 of 5
CITY OF KENAI
•
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following
Ordinance(s) and/or Resolution(s) at its regular meeting of September 2, 2009.
Approval (Public Comment to be Taken) -- Proposition A Informational
Flyer
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 (85,000) or More Shall be
Reported to the Kenai City Council on a Monthly Basis.
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. 2440-2009 -- Increasing Estimated Revenues and
Appropriations by $9,000.00 in the General Fund - Communications
Machinery and Equipment for the Purchase of a Replacement Stancil
Recording Server That Has Failed Unexpectedly.
Copies of the ordinances and/or resolutions are available in the Office of the Kenai
City Clerk.
Please be advised, subject to legal limitations, ordinances and/or resolutions may
have been amended by the Council prior to adoption without further public notice.
Carol L. Freas, enai City Clerk
Posted: September 3, 2009
NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the
following Ordinance(s) and/or Resolution(s) at its regular meeting of September 2, 2009.
1. Approval (Public Comment to be Taken) -- Proposition A Informational Flyer
2. 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.
(Clerk's Note: At the August 19, 2009 council meeting, Ordinance No. 2428-2009 was
postponed to September 2, 2009. The motion to adopt is active.)
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 KMC 14.22.010
to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use
Permit in the Townsite Historic Zone (TSH).
6. Ordinance No. 2440-2009 -- Increasing Estimated Revenues and
Appropriations by $9,000.00 in the General Fund - Communications Machinery
and Equipment for the Purchase of a Replacement Stancil Recording Server That
Has Failed Unexpectedly.
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous Vote)
C. Motion for Adoption
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 28, 2009
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
=� SEPTEMBER 2, 2009
.J� 7:00P.M.
KENAI CITY COUNCIL CHAMBERS
http//www. cikenai.A us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per
speaker.
1. Approval (Public Comment to be Taken) -- Proposition A Informational
Flyer
2. 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.
(Clerk's Note: At the August 19, 2009 council meeting, Ordinance No.
2428-2009 was postponed to September 2, 2009. The motion to adopt is
active.)
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. Ordinance No. 2440-2009 -- Increasing Estimated Revenues and
Appropriations by $9,000.00 in the General Fund - Communications
Machinery and Equipment for the Purchase of a Replacement Stancil
Recording Server That Has Failed Unexpectedly.
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous Vote)
C. Motion for Adoption
ITEM F: UNFINISHED BUSINESS -- None
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding $15,000.
3. *Ordinance No. 2436-2009 -- Increasing Estimated Revenues and
Appropriations by $938.08 in the General Fund for Bureau of Highway
Patrol Equipment Expenses.
4. *Ordinance No. 2437-2009 -- Increasing Estimated Revenues and
Appropriations by $5,625.00 in the Congregate Housing Fund,
Professional Services for an Increase in the Caretaker Contract in
Excess of Originally Budgeted Amounts.
5. *Ordinance No. 2438-2009 -- Increasing Estimated Revenues and
Appropriations by $18,628,00 in the Congregate Housing Fund, Repair
and Maintenance for Installation of Landscaping Sprinklers Along the
Front of the Vintage Pointe Housing Facility.
6. *Ordinance No. 2439-2009 -- Increasing Estimated Revenues and
Appropriations by $7,163.00 for City Manager Pay and Benefits
Increase in Excess of Originally Budgeted Amounts.
7. Approval -- Appointment of Election Boards.
EXECUTIVE SESSION --. None Scheduled.
ITEM M: ADJOURNMENT
The public is invited to attend and participate. Additional information is
available through the City Clerk's office at 210 Fidaigo Avenue, or visit our
website at http,//www.ci.kenai.ak.us.
Carol L. Frees, City Clerk D/211