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HomeMy WebLinkAbout2010-08-04 Council PacketI COUNCIL MEETING DATE: 2_0 1 1 Mayor /Council Clerk Police Department Senior Center Library (2) Fire Department �f- Attorney City Manager Parks Recreation Student Rep. Hall Binder Finance Airport Feltman /Floyd Kebschull /Carver Ogle Christine Clarion Mellish Schmidt v AGENDA DISTRIBUTION MAKE PACKETS COUNCIL PACKET DISTRIBUTION Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. 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KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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 (Public comment limited to ten (10) minutes per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment li to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) The motion to adopt is active. a. Substitute Ordinance No. 2493 -2010 Amending Title 13 of the Kenai Municipal Code to Establish a Speed Limit of 25 mph on the North Beach From South Spruce Street to Rocky Point 2. Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by 518,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts 1 4 10 3. Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means 4. Resolution No. 2010 -46 Designating the State of Alaska Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, "New Water Transmission Mains (Phase III) and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2012 5. Resolution No. 2010 -47 Awarding a Contract to Holden Company, for the Project Entitled Vintage Pointe Water Damage Repair 2010 for the Total Amount of $142,486.00 12 17 20 ITEM E: MINUTES 1. *Regular Meeting of July 21, 2010 22 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 36 2. Approval of Purchase Orders Exceeding $15,000 37 3. *Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by 11,869.00 in the Airport Fund and by $474,760.00 in the Runway Improvement Capital Project Fund for Additional Changes of the Airport Apron Pavement Rehabilitation Project 38 4. *Ordinance No. 2501 -2010 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for Preparation of an Airport Master Plan 41 5. *Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant 44 6. *Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation 46 7. *Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund 48 8. *Ordinance No. 2505 -2010 Increasing Estimated Revenues and Appropriations by $7,600.00 in the Senior Citizens Fund for Funding Received From Kenai Senior Connection, Inc. for a Part-Time Data Entry Position at the Senior Center 50 9. *Ordinance No. 2506 -2010 Amending the Official Kenai Zoning Map by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General Commercial (CG) to Limited Commercial (LC) 10. *Ordinance No. 2507 -2010 Amending KMC Section 14.20.050 to Require that Destroyed or partially Destroyed Non Conforming Structures Be Removed Unless the Partial Destruction is Fifty Percent (50 or Less of the Replacement Cost in Which Event the Owner Must Obtain a Building Permit Within Twelve (12) Months From the Date of the Damage or Destruction or Remove the Remaining Structure 11. *Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by $150,000.00 in the Municipal Park Improvements Capital Project Fund ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municpal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. 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 85 ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited w five (5) minutes per speaker) 2. Council Comments EXECUTIVE SESSION None Scheduled. 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.) 53 59 72 75 Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 4, 2010 8/4/2010 Purchase Orders Between $2,500 and 515,000 for Council Review 2. Budget Transfer in Capital Projects in Excess of 5,000 3. 5/30/2010 O. Pfeifer letter of thank you for Airport Manager Bonduran t's support of the hazing project Page No. 94 95 96 4. 7/20/2010 T. Eubank memorandum related to final payment on the Visitor Center heating system failure class action lawsuit 97 5. 7/21/2010 Senator M. Begich letter of thank you to Airport Manager Bondurant and noting the progress on the runway rehabilitation project 98 6. 7/23/2010 J. Graham letter related to beekeeping in Woodland Subdivision 99 7. 7/26/2010 Alaska Department of Natural Resources letter to ENSTAR Natural Storage Project review 100 8. 7/27/2010 K. Lyon, Capital Projects Manager memorandum related to acquisition of Department of Natural Resources parcel and the Kenai water supply 107 9. 7/28/2010 T. Eubank, Finance Director, memorandum related to completed capital projects 108 10. Kenai Historical Society thank -you letters to Alaska Tile Stone and Dave's Woodworks for donations toward the historical cabin restoration project 109 11. 7/28/2010 T. Eubank Quarter Ending June 30, 2010 Investment Report 111 11. 8/3/2010 Kenai Peninsula Borough Assembly Meeting Agenda 125, the et tof IiENllL AA CITY OF KENAI ORDINANCE NO. 2493 -2010 Suggested by: Council Member Boyle AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.40.040 TO PROVIDE FOR A SPEED LIMIT OF FIFTEEN (15) MILES PER HOUR WHILE DRIVING MOTORIZED VEHICLES ON A PORTION OF THE NORTH SHORE PUBLIC BEACH WITHIN THE CITY OF KENAI AND MAKING TECHNICAL CORRECTIONS. WHEREAS, the City of Kenai is the owner of significant areas of public beach within its city limits, including the North Shore public beach; and, WHEREAS, use of the North Shore public beach area is increasing and is a mixed use area; including walking, picnicking, horseback riding, dip netting, and motorized vehicle use; and, WHEREAS, use of motorized vehicles travelling in excess of fifteen (15) miles per hour on the North Shore public beach can conflict with mixed use of the beach; and, WHEREAS, use of motorized vehicles travelling in excess of fifteen (15) miles per hour can endanger other public beach users; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to enact a speed limit of fifteen (15) miles per hour for motorized vehicles on the most used portion of the North Shore public beach within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 13.40.040 is hereby amended as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 13.40.040 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.40.040, Speed limits, is hereby amended as shown on Attachment A to this ordinance and as follows: 13.40.040 Speed limits. The speed limit shall be ten (10) [MPH] miles per hour while [RIDING] driving in a right -of -way of a residential or business area, a parking lot, as authorized in 13.40.020(c), or in close proximity of another person(s). The speed limit shall be fifteen (15) miles per hour while driving on public beaches as shown on Appendix IV of this chapter. Section 3. Severabilitv: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent New Text Underlined DELETED TEXT BRACKETED; Ordinance No. 2493 -2010 Page 2 of 2 jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED[ Introduced: June 2, 2010 Second Reading: June 16, 2010 Third Reading: August 4, 2010 Adopted: August 4, 2010 Effective: September 4, 2010 KM C i 3 40 T6N, R11 W, Section 3 eward Meridian Alaska �gotn �ri ��ynn 'alt i 5N, R11 W, Sections 1 Seward Meridian Alaska MILE S PEED ZON AREA Appendix IV Attar- 13mmM vv No Motorized Vehicles Ordinance No. 2493 -2010 u KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2493 -2010 SUBSTITUTE Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 13 OF THE KENAI MUNICIPAL CODE TO ESTABLISH A SPEED LIMIT OF 25 MPH ON THE NORTH BEACH FROM SOUTH SPRUCE STREET TO ROCKY POINT. WHEREAS, KMC 13.40.040 addresses speed limits for off -road vehicles and states, 'The speed limit shall be ten (10) mph while riding in a right —of -way of a residential or business area, a parking lot, or as authorized in KMC 13.40.020(c), or in close proximity of another person(s). and, WHEREAS, establishing a 25 mph speed limit on the North Beach from South Spruce Street to Rocky Point will help to ensure the safety of people occupying the beach; and, WHEREAS, retaining existing wording of KMC 13.40.040 will help ensure that off -road vehicles do not exceed ten (10) mph while in close proximity to people; and, WHEREAS, adding the following sentence to KMC 13.40.040 will establish a 25 mph speed limit in the designated North Beach area: “The speed limit shall be 25 mph while riding anywhere on the North Beach between South Spruce Street and Rocky Point, unless traveling in close proximity to another person(s), in which case the speed limit shall decrease to ten (10) mph (see map for specified 25 mph zone). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 13.40.040 is hereby amended as follows (new sentence is underlined): 13.40.40 Speed Limits The speed limit shall be ten (10) mph while riding in a right -of -way of a residential or business area, a parking lot, or as authorized in KMC 13.40.020(c), or in close proximity of another person(s). The speed limit shall be 25 mph while riding anywhere on the North Beach between South Spruce Street and Rocky Point, unless traveling in close proximity to another person(s), in which case the speed limit shall decrease to ten (10) mph (see map for specified 25 mph zone). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 2010. PAT PORTER, MAYOR Substitute Ordinance No. 2493 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk New Text Underlined [DELETED TEXT BRACKETED) 5- Introduced: June 2, 2010 Second Reading: June 16, 2010 Third Reading: August 4, 2010 Adopted: August 4, 2010 Effective: September 4, 2010 MEMO: TO: City Council FROM: Rick Koch DATE: July 1, 2010 £q e.20/0 SUBJECT: Ordinance.2 9 '3=2010 V Ilaye with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 1 1111 1992 The purpose of this correspondence is to provide information to the Council regarding the above referenced ordinance on which action was postponed until August 4, 2010. Attached is a draft substitute prepared by administration. Please direct any comments to me and I will work with Councilor Boyle, the maker of the ordinance, to incorporate appropriate changes. the city of KENAII ALASKA MEMO: "Village with a Past, City with aFuture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 6125/10 SUBJECT: Request Ordinance Establishing 25 mph Speed Limit on the North Beach Chapter 13.40 of the Kenai Municipal Code addresses "Off -Road Operations of Motor Vehicles" in the City of Kenai. KMC 13.40.040 specifically addresses speed limits of off road vehicles and states the following: The speed limit shall be ten (10) mph while riding in a right -of -way of a residential or business area, a parking lot, or as authorized in KMC 13.40.020(c), or in close proximity of another person(s). Off-road vehicle operations are permitted on the North Beach to the north of S. Spruce St., and are prohibited to the south of S. Spruce St. During the annual dipnet fishery the beach area north of S. Spruce St, is occupied by hundreds of dipnet participants and their families. The current KMC chapter mandates that any off-road vehicles operating in close proximity to persons shall not exceed 10mph. In addition to dipnet participants, many people recreate on the North Beach throughout the summer months, and there have been complaints of ATV's traveling too fast while pedestrians are present on the beach. Set net fisherman operate beach vehicles on this section of the beach throughout the salmon harvest season (June to August) and need to travel at minimum speeds to avoid getting stuck. I am requesting an ordinance to add a section to KMC 13.40.040 which would establish a 25 mph speed Emit on the North Beach from S. Spruce St, to Rocky Point. As a comparative reference, in the State of Alaska the speed limit for residential streets is 25 mph unless otherwise posted. I feel 25 mph is a reasonably safe speed for off -road 7992 vehicle operations on the North Beach. This will help ensure the safety of dipnet participants and others recreating on this popular section of beach. The 25 mph speed limit is also a reasonable speed for set net vehicles to travel the North Beach without getting stuck. I recommend that KMC 13.40.040 is amended as follows (new wording is underlined, while all existing wording is not underlined and remains unchanged): 13.40.40 Speed Limits The speed limit shall be ten (10) mph while riding in a right -of -way of a residential or business area, a parking lot, or as authorized in KMC 13.40.020(c), or in close proximity of another person(s). The speed limit shall be 25 mph while riding anywhere on the North Beach between S. Spruce St. and Rocky Point, unless traveling in close proximity to another person(s), in which case the speed limit shall decrease to ten (10) mph (see map for specified 25 mph zone). C 13.40.040 NORTH SHORE BEACH SPEED LIMITS 1. Motorized Vehicles Allowed 2. Speed Limit per MAC 93.40.040 t Motorized Vehicles Allowed 2. Speed Limit 25 mph or 10 mph per KMC 13.40.040 Appendix IV -9- No Motorized Vehicles Allowed Ordinance Substitute KEN SKA CITY OF KENAI ORDINANCE NO. 2498 -2010 Suggested by: Council AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $18,284.00 FOR CITY MANAGER, CITY CLERK, AND CITY ATTORNEY PAY AND BENEFIT INCREASES IN EXCESS OF ORIGINALLY BUDGETED AMOUNTS. WHEREAS, upon completion of each employees' annual evaluation, the City Council has authorized a FY2011, 1.1% COLA (Cost of Living Allowance) and a 5.0% merit, pay increase for the City Manager, City Clerk, and City Attorney; and, WHEREAS, the COLA increase shall be retroactively applied to July 1, 2010 for each; and, WHEREAS, the merit increases for the City Manager and City Clerk shall be retroactively applied to July 1, 2010 and the effective date for the City Attorney's merit increase will be August 24, 2010, the one -year anniversary of her employment; and, WHEREAS, the effect of the increase for wages and benefits will be $18,284.00 more than originally budgeted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE C1TY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenue Appropriation of Fund Balance $17,473.00 State Grant PERS Relief 811.00 $18,284 00 Increase Appropriations City Clerk Salaries 3,808.00 Leave 190.00 Medicare 58.00 PERS 838.00 Unemployment Insurance 20.00 Workers Compensation 36.00 Total City Clerk 4,950.00 City Attorney Salaries 3,248.00 Leave 50.00 Medicare 48,00 New Text Underlined [DELETED TEXT BRACISETED] -10- Ordinance No, 2498 -2010 Page 2 of 2 PERS 715.00 Unemployment Insurance 16.00 Workers Compensation 33.00 Total City Attorney 4,110.00 ATTEST: City Manager Salaries S 6,531.00 Leave 251.00 Medicare 98.00 PERS 1,437,00 Unemployment Insurance 34.00 Workers Compensation 62.00 Total City Manager 8,413.00 Non Departmental PERS 811.00 $18 24.00 Total Appropriations PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 2010. Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Introduced: July 21, 2010 Adopted: August 4, 2010 Effective: August 4, 2010 c ccy c( KEW ALASKA CITY OF KENAI ORDINANCE NO. 2499 -2010 Sponsored by: Mayor Pat Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAYIER 12.10, NUISANCES IN GENERAL, TO INCLUDE IN THE DEFINITION OF' A PUBLIC NUISANCE UNSIGHTLY PREMISES AND ALSO CERTAIN STRUCTURES DESTROYED OR PARTIALLY DESTROYED BY FIRE OR BY OTHER MEANS. WHEREAS, there are within the City many structures that have been damaged or destroyed by fire or by other means and that have not been repaired, replaced, or removed, sometimes for an extended period; and, WHEREAS, there are also many properties within the City where owners or occupants have failed to maintain the premises and the properties are so dilapidated that the failure to ad.dress basic cleanliness and /or maintenance standards on the premises have adversely affected the property values of surrounding properties; and, WHEREAS, damaged and dilapidated structures and properties appeal both to children looking for adventure and to persons seeking to engage in illegal activities such as the sale and use of drugs, trespass, and the dumping of rubbish and noxious waste; and, WHEREAS, damaged and dilapidated structures and unsightly premises negatively affect the property values of parcels nearby and injure the surrounding neighborhood by discouraging investment in the neighborhood and undermining a sense of community within the neighborhood; and, WHEREAS, the definition of what status and/or Conduct is a public nuisance in the City's Code does not include unsightly premises or buildings or structures that have been destroyed or partially destroyed and where the owner has failed to make repairs or remove the remaining structure and otherwise attend to the economic burdens of property ownership; and, WHEREAS, the City of Kenai has an interest in encouraging active use of properties and in discouraging the wasting of properties in order to prevent the loss of tax revenues from the decline in property value of the destroyed or partially destroyed structure and from the decline in property values of properties close to these structures or premises; and, WHEREAS, the City of Kenai also has an interest in regulating these premises in order to protect the health and safety of the general public to discourage illegal uses and to prevent injury; and, WHEREAS, it is in the best interests of the City to encourage proper property maintenance to promote community, to protect the health and safety of its residents, New Text Underlined; [DELETED TEXT BRACKETED] -12- Ordinance No. 2499 -2010 Page 2 of 2 to protect and preserve property values, and to create a healthy tax base to support the provision of City services to the general public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 12.10 of the Kenai Municipal Code: The Kenai Municipal Code, Section 12.10.010, is hereby amended to read as follows: 12.10.010 Definitions. In addition to other public nuisances declared by other sections of this Code, the following are hereby declared to be public nuisances: (a) The sale or offering for sale of unwholesome food or drink or a place where such sales or offerings are made; (b) The sale, offering for sale, or furnishing of intoxicating liquor in violation of the State law or ordinances of the City, or a place where intoxicating liquor is sold, offered for sale, or furnished in violation of the State law or ordinances of the City; (c) The exposure, display, sale, or distribution of obscene pictures, books, pamphlets, magazines, papers, documents, or objects, or a place where such are exposed, displayed, sold, or distributed; (d) A place where persons gamble, whether by cards, slot machines, punch boards, or otherwise; (e) A place where prostitution, illicit sexual inter[ ]course,['] or other immoral acts are practiced; (f) A p[PJ1ace where activities in violation of State law or ordinance are carried on; (g) The public exposure of a person having a contagious disease; (h) The continued making of loud or unusual noises which annoy persons of ordinary sensibilities, or the keeping of an animal which makes such noises; (i) The operation or use of any electrical apparatus or machine which materially and unduly interferes with radio or television reception by others; New Text Underlined* [DELETED TEXT BRACKETED -13- Ordinance No. 2499 -2010 Page 2 of 2 (j) Any use of a street or sidewalk or a place adjacent thereto which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk or which otherwise obstructs traffic thereon, except as may be authorized by law or ordinance; (k) All ditches, drains, wells, pools, cisterns, bodies, or containers of water in which mosquitoes breed or are[A] likely to breed, or which are so constructed, foimed, conditioned, or situated as to endanger the public health or safety; (1) Rank weeds or grass, carcasses, accumulations of manure, refuse, or other things which are or are likely to be breeding places for flies, mosquitoes, ve uin, or disease germs, (m) Any building or structure which is dangerous to the public health or safety because of damage, decay, or other condition; (n) Any pit, hole, or other thing which is so constructed, formed, conditioned, and /or situated as to endanger the public safety; (o) Any fire or explosion hazard which endangers the public peace, health, safety, or welfare; and, (p) Any occupation or activity which endangers the public peace, health, safety, morals, or welfare; (q) Any building or structure that is partially or wholly burned or otherwise partially destroyed by other means and that is unsightly hazardous to the safety of any person, a continuing fire hazard. or is structurally unsound to the extent that there is a likelihood of injury to any person entering the structure. (r) Unsightly premises, including exteriors or structures maintained in such condition as to become so defective or unsightly or in such condition of deterioration or disrepair that the property causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes the keeping or disposing of or the scattering over the property or premises of any waste, lumber, or unused objects of equipment such as automobiles, furniture, stoves. refrigerators. freezers, cans or containers; stagnant water or excavations; or any device, decoration, design, fence, structure, clothesline or vegetation that is unsightly by reason of its condition or its inappropriate location. Section 4. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby New Text Underlined [DELETED TEXT BRACKETED] -14- Ordinance No. 2499 -2010 Page 2 of 2 declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KIM 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this fourth day of August, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Underlined; (DELE TEXT BRACKETED] -15- Introduced: July 21, 2010 Adopted: August 4, 2010 Effective: September 4, 2010 MEMO: TO: City Councilors FROM: Mayor Pat Porter DATE: July 15, 2010 "Vi iaye with a Past, C with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 1992 SUBJECT: Proposed Ordinance No. 2499 -2010, Amending ICMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. I am introducing Ordinance No. 2499 -2010 as one means to address suggestions made by members of the public in the May 8 Town Hall Meeting about how the City of Kenai can continue to build a sustainable community. Each group participating in the discussion asked the City to take actions to strengthen neighborhoods and to promote health and safety measures in the City. Ideas included promoting the atL activeness of the City by removing and eliminating burned out buildings and derelict stnictuIes, initiating zoning to protect communities, encouraging beautification and aesthetics, and focusing on quality of life issues such as community building. In addition, I also routinely receive many complaints by citizens concerned about the poor condition of certain properties and structures within the City and the impact those properties have on their neighborhoods. Ordinance No. 2499 -2010 amends the definition of "public nuisance" to include unsightly premises that cause a decline in property values to surrounding properties. It also amends the definition of "public nuisance" to include structures that are destroyed or partially destroyed by fire or other means where the structure is unsightly or poses certain health and safety hazards. The latter definition does not require a showing that the structure has resulted in declining property values in order to declare the structure a public nuisance. Through this Ordinance, the City is taking positive steps to keep our children safe, to protect private investment, and to support City of Kenai neighborhoods and their sense of community. -16- the a*, of KENAI ALASKA CITY OF KENAI RESOLUTION NO. 2010 -46 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION (ADEC) GRANT FUNDS FOR THE PROJECT ENTITLED, "NEW WATER TRANSMISSION MAINS (PHASE IIl) AND RELATED IMPROVEMENTS" AS THE NUMBER ONE LOCAL STATE FUNDING PRIORITY FOR FISCAL YEAR 2012. WHEREAS, the City of Kenai, through the State of Alaska Department of Environmental Conservation, requests grant funding under the Municipal Matching Grant (MMG) program; and, WHEREAS, the State of Alaska Department of Environmental Conservation has requested the City of Kenai identify if this project is the community's number one local state funding priority for fiscal year 2012; and, WHEREAS, the City's primary water transmission main is approximately 40 years old, is constructed of AC concrete which is prone to failure, and needs to be replaced with a new water transmission main to ensure service; and, WHEREAS, a connection between the City's primary and secondary transmission mains is required to provide redundancy, increased volume and pressure, and increased fire flows. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, designates the New Water Transmission Mains (Phase III), and Related improvements as the number one local state funding priority for Fiscal Year 2012. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 2010. ATTEST: Carol L. Freas, City Clerk -17- PAT PORTER, MAYOR MEMO: TO: City Council FROM: Rick Koch DATE: July 29, 2010 SUBJECT: Resolution 2010 -46, SFY 2012 ADEC Municipal Matching Grant Questionnaire The purpose of this correspondence is to recommend Council approval of the above referenced resolution. In order to receive the maximum number of points in the competitive grading system for municipal matching grants it is necessary for the Council to pass a resolution identifying the City's number one local State funding priority. The project for which the questionnaire is submitted is: 1. Replacement of an AC water transmission main along the Kenai Spur Highway, $1,189,000. 2. Construction of a water main connection between the City's two water transmission mains (Lawton Drive Kenai Spur Highway), $1,043,405. The municipal share is 30% and the state share is 70 11 l/ /age mar a Past, a with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 1 111 1! 1992 If you have any questions, please contact me at your convenience. -18- Project Component Con Replace 10" AC Wr Main with 10" HOPE Water Main Upgrade 10" HOPE Walor Main Kenai Spur Highway (Wait No. 1 to 5vnres Road) 2 Co NewlO" DPE Construct 10' HOPE Water Main and along Swims Road ROW From Kenai to Lawton OraIe ACe866 Road 9 ay LF 3,200 275 880,000,00 Construction Design 010% LF 2,500 LE 1.800 Kenal 8 Construction Design 0 10% Construction Administration 12% Contingency 0 10% Total 880,000.00 68,000.00 Construction Administration 0 12% 105,600.00 Contingency a 10% S 107.380,00 Total 1,160,96000 828,572.00 275 5 687. 50 5 90.000.00 600 354,288.00 A 777,500.00 77,750.00 93,300.00 94,855,00 1,043,40500 730383.50 3 313,021.50 3 Construct Newt@ Wafer Main Along Beaver L Oep Read ROm BrM�eA New 16" HDPE Water Main, Bridge Access Road (Kenai Spur Highway to Beaver Loop Road) Road Soon 4 @Instruct Ne vL16" W t M t Al 8 L Road fawn @Ogle Access to I.awten Dav@ New 16'110PE Water Main, Bridge Access Road (Kenai Spur Highway to Beaver Loop R086) Road Boring 5 Construct New 16" Water Main A1e0.6theaver Loop Road from Bridge Access to Lawton Drive New 16" HDPE Water Mar, Bddge Access ROav (Kenai Spur Highway to Beaver Loop Road) Road goring pmkct SUMMARY Component Number Phase/Component Description Replace 10" AC Water Man with 10" HOPE Water 1 Main Construct New 10' HOPE Water Main Along Stages 2 Road From Kenai Spur to Lawton One additional Additional Additional Additional Construct New 16" staler Mai, Along Beaver Loop 3 8086 Phase 1 (Bridge Access to Dean Street) Construct New 10" Water Man 95009 Beaver LOOP 4 Road Phase 2 (Togiek to Ames Road) Construct New 15" Water Main Along Beaver Loop 6 Road Ph858 3 Ames Road to Dean Street Less UnspenWnencumbered Funding In Existing 0172 Funding required to Complete Project Components Funding required to Complete Project Components Funding required to Complete Project Components Funding required to Complete Project Components SFY 2012 Cost Estimate ADEC Municipal Matching Grant Program Unit Unit Quantity Cast sub -Total LF EA 7,000 Construction Ceslgn OQ 10% Construction Administration @j 12% Contingency 6410% Total Construction Design 10% Construction Administration @j 12% Contingency 10% Total LF EA One Through Two One Through Three One Through Four One Through Five 300 2,100,00000 050,000 150.00000 2,250.000.00 225.00900 270,000.00 274,500.00 $'3019,500.00 52,113,55000 905.850.00 300 1,290,00000 L4 4,300 EA 0 50,000 6,550 300 1,965,000.00 2 150,000 300,000.00 Sub -Total 1,180,86000 3 1,043,405.00 3,019.500.00 1,731,180.00 3,039,530.00 Total for Alt Phases /Components $10,014,87500 Grants with Municipal Match Total 5 3 2.224,365.00 1 6,243,865.00 6,976,045.00 510,014,676.00 P698 �oM_ 70% 30% 1,290,000.00 129,000.00 154,800.00 157,36000 1,731,180.00 51;311 ,826.00 519,354,00 Construction 4265,000.00 Design 10% 226,500.00 Construction AdmMlsfration 12 id 271,800.00 Contingency 10% 276,330.00 70fe.' 3,038,630,00 52,127,741.00 911,88000 7126/2010 Bidder Base Bid Force Account Total Bid Holden Company $142,486.00 $35,000.00 $177,486.00 Ike city of KENAI, ALASKA A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO HOLDEN COMPANY. FOR THE PROJECT ENTITLED VINTAGE POINTE WATER DAMAGE REPAIR 2010 FOR THE TOTAL AMOUNT OF $142,486.00. WHEREAS, the following bids were received on July 27, 2010: CITY OF KENAI RESOLUTION NO. 2010 -47 Suggested by: Administration WHEREAS, Holden Company's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Holden Company for the total cost of $142,486.00; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled VINTAGE POINTE WATER DAMAGE REPAIR 2010 is awarded to Holden Company for the total amount of $142,486.00, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 2010, ATTEST: Carol L. Freas, City Clerk Approved by Finance: -20- PAT PORTER, MAYOR the u'y KENAI ALASKA Rick, "k2 with a Past, Ct y w a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 I Illi l -21- MEMO DU_ TO: Rick Koch, City Manager FROM: Kevin Lyon, Capital Projects Manager DATE: July 28, 2010 SUBJECT: AWARD OF CONTRACT; Vintage Pointe Water Damage Repair 2010 This project will repair the insured water damage to the Vintage Pointe Senior housing. The damage was caused by a broken pipe fitting on December 21, 2009 in the dry sprinkler system. The leak occurred in the attic of the facility so damage occurred on three floors in both the hallways and apartments. Due to the nature of this project, the bid included a base bid to complete the project and a lump sum Force Account (contingency) to address potential concealed damage discovered during the construction process. However, u Cwcver a uue to insufficient funds the Force Account cannot be awarded at this time. In the future it will be necessary to appropriate additional funds to provide for an adequate contingency. Bid documents were completed and the project was advertised in the both the Peninsula Clarion and the Anchorage Daily News, Three contractors expressed interest during the bid process and on July 27, 2010 bids for the project were opened and one bid was received. This bid has been reviewed and it was determined that Holden Company was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds are available to award this portion of the project. The attached is Resolution 2010 -XX recommending award of the contract to Holden Company for the total cost of $142,486.00. 1992 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 21, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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 (Public comment limited to 10 minutes per speaker) 1. Sarah Souders Beekeeping in the City of Kenai. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. 2. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. a. Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. -22- 3, Resolution No. 2010 -44 Awarding a Bid to Construction Machinery Industrial, LLC (CMI) for a Wheel Loader for the Total Amount of $196,945. 4. Resolution No. 2010 -45 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. ITEM E: MINUTES 1. *Regular Meeting of July 7, 2010. 2. *Special Meeting of July 12, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $1.5,000 3. *Ordinance No. 2498 -2010 Increasing Estimated Revenues and. Appropriations by $18,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. 4. *Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means 5. Action /Approval Utility Easement /City of Kenai to Homer Electric Association, Inc. to Provide Access to the Kenai Community Library. 6. Discussion Airport Access Permit 7. Discussion Funding and Developing a Plan/Covered Parking at Vintage Pointe. ITEM H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5, Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report -23- c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT -24- ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: Ryan Marquis Pat Porter, Mayor A quorum was present. VOTE: KENAI CITY COUNCIL REGULAR MEETING JULY 21, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. ROLL CALL Robert Molloy Absent: Council Member Joe Moore MINUTES Hal Smalley, Vice Mayor Mike Boyle Barry Eldridge Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL MOTION: Council Member Smalley MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. -25- KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 2 VOTE: There were no objections. SO ORDERED. ITEM B: B -1. Sarah Souders Beekeeping in the City of Kenai. Sara Souders, 1103 Oak Avenue, Kenai Reviewed information included in the packet related to beekeeping, noting her presentation was based on a citation she had received from the Animal Control Officer for beekeeping at her home; the citation had been dropped; discussed honey bee behaviors; indicated she had a small business from honey products; the Kenai. Municipal Code did not speak specifically to beekeeping; and, requested Council to provide code amendments to include beekeeping within the city limits. Council requested Administration to investigate and provide recommendations with regard to whether the issue should be forwarded to the Planning Zoning Commission for consideration, etc. ITEM C: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Sandra Sterling, 355 Fairway Drive, Soldotna Reported she was a beekeeper and supported development of a Code amendment to allow beekeeping in the City of Kenai. James Shindler, 2428 Beeler Avenue, York, PA Reported he had been a beekeeper since 1978 and supported Coa amendment beekeeping Code amendment to allow eekeepiilg lIl the City of Kenai, Ralph Sterling, 355 Fairway Drive, Soldotna Reported he was a beekeeper since 1990 and supported development of a Code amendment to allow beekeeping in the City of Kenai. Tom Lehman, 2215 Lamfs Gap Road, Enola, PA Reported he was a beekeeper and supported an amendment to the Code to allow beekeeping in the City of Kenai. BREAK TAKEN: 7:35 P.M. BACK TO ORDER: 7:40 P.M. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) -26- Marquis Yes 1 Molloy Yes Boyle Yes Porter Yes I Smalley I Yes Moore Absent Eldridge Yes 1 KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 3 D -1. Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2496 -2010 and 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: *'Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled 'The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. D -2a. MOTION: Substitute Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. Council Member Molloy MOVED to enact Ordinance No. 2497 -2010, the substitute and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Appreciation of the work in developing the ordinance. Concern the ordinance did not address notice to the public with regard to scheduling special meetings to allow for published notice in the newspaper, etc. Concern the ordinance did not differentiate between special meetings for business purposes and those caused by an emergency. Would like the opportunity to address the concerns with additional language. -27- Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Absent I Eldridge Yes Marquis 1 Yes 1 Molloy Yes Boyle Yes 7 Porter Yes 1 Smalley Yes Moore Absent Eldridge j Yes KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 4 Additional language could be provided, working with the City Attorney and City Clerk, and then Council could discuss the ordinance at a future Council meeting or hold a work session if necessary. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2497 -2010 (the substitute) to the first meeting in September (September 1, 2010). Council Member Marquis SECONDED the motion, VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. Resolution No. 2010 -44 Awarding a Bid to Construction Machinery Industrial, LLC (CMI) for a Wheel Loader for the Total Amount of $196,945. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 44 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. Council Member Marquis objected to the request for unanimous consent. An explanation of why to purchase the wheel loader at this time instead of following the replacement schedule was provided by the City Manager; the need and the exceptionally low price with low mileage; and, the purchase, because funds would come from the Replacement Fund, would not affect the General. Fund budget. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. -28- KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 5 D -4. Resolution No. 2010 -45 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -45 and requested UNANUIvIOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened to public hearing There being no one wishing to speak, the public hearing was closed. Whether the City's ethics ordinance would prohibit an employee to bid on auction items sold over the Internet and whether the ordinance should be amended to speak to that issue was asked and City Attorney Stearns noted the Internet auction would minimize some of the risks and could be an exception. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of July 7, 2010 Approved by Consent Agenda. E-2. *Special Meeting of July 12, 2010 Approved by Consent Agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of' Bills None. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED for approval of the purchase orders exceeding $15,000. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. -29- KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 6 0-3. *Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by $18,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. Introduced by approval of the Consent Agenda. G -4. *Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. Introduced by approval of the Consent Agenda. G -5. Action /Approval Utility Easement /City of Kenai to Homer Electric Association, Inc. to Provide Access to the Kenai Community Library. City Manager Koch reviewed information included in the packet and noted, the easement was a housekeeping action and would provide access to the Kenai Library. MOTION: Council Member Molloy MOVED to approve the Utility Easement from the City of Kenai to Homer Electric Association, Inc. to provide access to the Kenai Community Library. Council Member Marquis SECONDED the motion. Council member Eldridge requested UNANIMOUS CONSENT. There were no Council or public comments. VOTE: There were no objections. SO ORDERED. G -6. Discussion Airport Access Permit Koch reviewed his memorandum included in the packet which explained the permit would allow for off airport vendors, businesses, and contractors to conduct business on the Airport. Koch added, the matter needed no action unless Council did not want to move forward with the permit. Council stated no objections. G -7. Discussion Funding and Developing a Plan/Covered Parking at Vintage Pointe. -30- KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 7 Council Member Boyle reported he was requested by the Council on Aging to place the issue on the agenda, and. added: The Council on Aging had named covered parking at Vintage Pointe one of its goals and objectives. The Council on Aging would like to have a plan funded or a study done to identify options for garages or carports. The Council on Aging would like to see what options for sheltered parking might be. They would like to pursue grants and would like to have some ready plans if funding would become available. The Council on Aging was aware there had been discussion and interest for covered parking for a number of years and now wanted to try to move forward. Koch reported preliminary work had been done over several years, including a cost estimate for ten garage units (monthly rental would be approximately $334 /month) and a poll taken of the residents related to vehicles owned, interest in garage use, monthly rental fee willing to pay, etc. Administration was directed to provide the survey to the Council on Aging, and investigate the issue further and search for grant funding. Covered parking for the Senior Center's vehicles would be a separate project. Koch stated he could meet with the Council on Aging in September. ITEM 11: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed the July 8, 2010 meeting summary which was included in the packet. Member Ei _1._i_t the uie Y__1 a H-2. Airport Commission CounCouncil rvacuiuei r.icuiuge reviewed July 8, 2010 meeting summary which was included in the packet. 11-3. Harbor Commission Council Member Smalley noted the July 12, 2010 meeting summary was included in the packet. Public Works Director Ogle reviewed the summary with Council. 11-4. Library Commission Council Member Marquis noted the July 6, 2010 meeting summary was included in the packet and reported the next meeting would be held on August 12, 2010, H -5. Parks Recreation Commission Council Member Boyle reported there had been no meeting 11-6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the July 14, 2010 meeting which were included in the packet and reviewed actions and discussions taken. -31- KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 8 11-7. II-7a. Miscellaneous Commissions and Committees Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported on the National Conference of Counties from which he had just returned and noted there had been a lot of discussion related to navigable waters, renewable energies, and, cap and trade. H -7c. H -7d. H -7e. Mini -Grant Steering Committee No meeting. Kenai Convention Visitors Bureau Council Member Smalley reported a meeting was scheduled for Monday, July 26, 2010. Reports of KPB Assembly, Legislators and Councils No report. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: She received notice from Senator Murkowski's office that $2.5 Million toward the City's bluff restoration project had been included in the energy and water bill. Industry Day Picnic was scheduled for August 21. An ACS retail and suntan stores were new businesses in Kenai. She met with an Arby's representative and discussed beautification efforts on the back side of the Arby's building. The City would be assisting with the project. Requested Administration to investigate adding a permanent stage at the Park Strip and additional parking at the disc golf area. Gave a key to the city to George Day, who had visited the area. Met with Anchorage Mayor Dan Sullivan about common interests. It was suggested the work session planned for September related to playground development be expanded to include pocket parks. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch noted the following: $2.5 Million was included in the water and energy bill, though it was not known if it would remain in the bill. The dip net fishery was going well and, to date, there had been about a 17% increase of people and revenue. He was working on grants related to docks, harbors, and maintenance program; starting DEC municipal matching grant preparation; he consolidated some funding of grants for treatment facility and new wells and would resubmit them; and would prepare a grant application for funding some energy alterations at the Waste Water Treatment Plant. -32- KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 9 Ice would be in the hockey rink for August 9 to accommodate the purchase of ice time by the Brown Bears. The rink would be available for public skate as well, Bear problems were declining; people seemed to be doing a better job of keeping attractants away; he believed the bear protection area should be expanded toward town or include the whole town; Administration was investigating how to approach the situation; bear -proof garbage containers were no longer available for sale through the refuse collection company; and, the City was exploring purchase of bear proof containers for resale, at cost, to the public. He would be on vacation from August 2 -20, 2010. Testing was on -going related to bacteria in the water at the beach; Department of Environmental Conservation attributed a lot of the contamination 00to the amount of birds in the area and their waste. One of the City's ambulances was being repaired and there was a possibility it would need to be replaced before its date on the Equipment Replacement Schedule. Senator Begich read at the Library during his recent visit to Kenai. There would be an ordinance to appropriate funds and a resolution to authorize purchase of five acres from the Department of Natural Resources (at the corner of Spruce and the Spur Highway) coming forward. The property would be used to support the trail system along the drainage, as well as a new well facility. Suggested a new citizen survey be conducted; Administration would provide some suggested questions for Council's review; and, info uiation garnered from it could be used in the Comprehensive Plan Update process. The development of the park on Marathon Road would begin this year with a design for the parking lot, electricity and a bathroom; the telecommunication site had been removed; the Rotary Club was planning to do a clean up around the pond in the next week; and, the Nikiski Fire Department divers removed debris from the pond bottom. Council comments included: Question of whether the fencing on the up -river part of the dunes would be expanded next year. Koch reported the area was private property. Suggestion trail easements along the drainage of the Department of Natural Resources property be included in the grant application in order to expand trails along the drainage. Koch stated he would review the issue. Question of whether signage should be placed at the river with regard to the Department of Environmental Conservation (DEC) identification of high thresholds of contaminated water (caused predominantly by fish cleaning, bird waste, etc.). Koch stated he would speak to a representative of DEC with regard to preventative signage. J -2. Attorney City Attorney Steams reported: The final amount of $500,000 was received from the class action lawsuit related to the Visitors Center damage. She would be attending the State ABA conference from August 5 -9, 2010. -33.- KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 10 J -3. City Clerk Clerk Freas reported the candidate filing period would be from August 1 -16, 2010 (15th falls on a Sunday) and forms would be available in her office on Monday, August 2, 2010. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Bob Peters, Old Town, Kenai Stated he believed the City looked good; appreciated the Parks Recreation Department efforts; the trail to Meeks Crossing was very nice; he appreciated the efforts to protect the public property on Kenai Avenue; and, thanked the City for installing the temporary fence on the bluff. It was noted, the bridge at Meeks Crossing should be completed this year. K -2. Council Member Comments Boyle Stated he believed the City workers were doing a great job. Molloy No comments. Marquis No comments. Coffman Reported school would begin August 23, 2010. Eldridge Stated he was glad to see the fencing completed around the historical cabins and hoped lighting would be installed for the winter. Smalley Was pleased to see local businesses doing well during the dip net fishery activity. Would be attending the Summer AML meetings in Kodiak and would teleconference in for the Council meeting. Reported government leaders attend the NACo conference were encouraged to get involved in local schools and urge young people to get involved in their local government. EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation, which will be addressed at a later date as noted.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. -34- KENAI CITY COUNCIL MEETING JULY 21, 2010 PAGE 11 (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:14 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official Council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -35- Z L U 0 O 0 W W N Z U a S a o 0 o IL v i 0 w 0 Z W F O W W Z W U C0.1 0 r N 0 a CO r M t N r J w a J cn D co 0 0 0 0 0 0 Cr Ce 1 7 1 -36- 0 6 a o 0 O n b O N ua CV ua Q N N 2 N r 0 a o o a c o a o a o o ri a s a 0 (y a. 0 a a J 0 z 0 U 0 W W z 0 U o s O O cm C O O N C Q 0 LI- 0 C 0 O Z L' 0 w E '1 a o 1- z 0 z Z 0 0 w 0 0 0 0 0 z 0 0 0 0 0 a 0 0 0 0 -37- z 0 z z F 0 0 W 0 0 z w 0 the KENAI, ALASKA CITY OF KENAI ORDINANCE NO. 2500 -2010 Suggested by: Administrative AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,869.00 IN THE AIRPORT FUND AND BY $474,760.00 IN THE RUNWAY IMPROVEMENT CAPITAL PROJECT FUND FOR ADDITIONAL CHANGES TO THE AIRPORT APRON PAVEMENT REHABILITATION PROJECT. WHEREAS, Ordinance No. 2386 -2009, Ordinance No. 2394 -2009 and, Ordinance No. 2395 -2009 appropriated funds for Phase One and Two Airport Apron Rehabilitation Project which is projected cost of $7,967,397; and, WHEREAS, FAA 2008 -2009 Entitlement and Discretionary grant funds totaling $474,761.00 are now available for Phase Three of the project and the City has been awarded a grant totaling $462,892.00, comprised of 95% of FAA $451,023.00; 2.5% State of Alaska $11,869.00; and, requiring a 2.5% local share of $11,869.00. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, estimated revenues and appropriations be increased as follows: Airport Fund Increase estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Transfer to Capital Project Fund Airport Runway Improvement Capital Project Fund Increase Estimated Revenues: Federal Grant Revenue State Grant Revenue Transfer from Airport Fund Increase Appropriations Construction $474.761.00 -38- $11,869.00 $11,869.00 $451,023.00 $11,869.00 $11,869.00 474 761.00 Ordinance No. 2500 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -39- PAT PORTER, MAYOR Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 the et by KENAI, ALASKA "I/i��aye with a Past, Cc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Directo DATE: July 28, 2010 SUBJECT: ORDINANCE NO. 2500 -2010 Rick, MEMO'_ -40- Ordinance 2500 -2009 increases the estimated revenues and appropriations in the Airport Fund and in the Airport Improvements Capital Project Fund. These funds will be used for additional changes to the Airport Apron Rehabilitation Project. One change will include funding for the complete painting of Runway 1L -19R: Blast Pad Chevrons, Threshold's, R/W Numerals, Touchdown Zone Markings, Centerline, Edge Lines, Taxiway Centerline Edge Line lead -ins, Transverse Edge Markings, Enhanced Hold Lines Surface Painted Holding Position Signs. This will also include all necessary pavement preparation, paint removal Traffic Control. 1992 The other change will provide funds for Grade and Drainage item modifications from Apron Station 7 +60 to Station 9 +77.76. It will also extend Apron Rehabilitation work along Taxiway F back station to 7 +00 and installing a new cantilever gate on the Apron side of the Terminal garbage dumpster for access from transient aircraft parking. This grade change will improve drainage to the apron and neighboring lease lot facilities which will enhance future development in the south side of the airport. CITY OF KENAI ORDINANCE NO. 2501 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR PREPARATION OF AN AIRPORT MASTER PLAN. WHEREAS, the City last completed an Airport Master Plan in 1997 with supplements issued in 2005 and 2007; and, WHEREAS, at the recommendation of the FAA the City will conduct a new master plan; and, WHEREAS, grant funds have been awarded to the City totaling $573,577 comprised of 95% FAA $559,587, 2.5% State of Alaska $13,990 and requiring a 2.5% local share of $13,989; and, WHEREAS, the master plan process is a requirement of the FAA for funding of airport infrastructure improvements utilizing FAA Airport Improvement Funds (ATP). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Estimated Appropriations: Transfer to Capital Projects Airport Improvements Capital Proiect Fund Increase Estimated Revenues: Federal Grant State Grant Transfer from Airport Fund New Text Underlined [DELETED TEXT BRACKETED) -41- 13 $13,989 $531,608 13,990 13,989 $5 5 7 Increase Appropriations Administration 50,872 Engineering 508,715 $559 587 Ordinance No. 2501 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance -42- PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 Memo "Servuitthe.'Qr afxr Ka+ w &Peninsula%' 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 9077951 FAX 907,283 3737 To: Rick R. Koch City Manager Front Mary Bondurant Airport Mana Date: July 28, 2010 Subject: FAA Grant Offer "Conduct Master Plan" Cc: Terry Eubank Finance Director www.ci. kenai. ak. us. -43- In April 2009, the FAA recommended the Airport update the current master plan due to ever changing airport demands on airside and landside facilities. Today, there is a greater level of emphasis on all elements affecting existing conditions, sustainability and going green goals. After several meetings with FAA, Wince Corthell- Bryson, City and Airport staff a scope of work was developed in accordance with FAA Advisory Circulars 150 570 -6B and 150- 5300 -13. A federal grant application for $559,587 was submitted to the FAA on June 29, 2010. The City has now received the FAA's grant offer for $531,608 (95 The Airport and State of Alaska are each responsible for 2.5% of this project or $13,990 and $13,989 respectively. The master plan process is a FAA requirement for funding of infrastructure development and improvements utilizing Airport Improvement Program (AIP) grant funds. the city o f KENAI, AN ORDINANCE OF THE COUNCIL OF THE CITY OF' KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY 56,300.00 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Education Early Development for the purchase of books at the Library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library State Grants Increase Appropriations: Library Books ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2502 -2010 Suggested by: Administration PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2010. -44- PAT PORTER, MAYOR New Text Underlined; (DELETED TEXT BRACI {ETED] $6,300.00 6,300.00 Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 the uiy of KENAI. ALASKA MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: July 29, 2010 SUBJECT: Annual State Grant e weal a Past, Gity with a Futare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907 283 -3014 The library has been awarded the annual public library assistance grant by the Alaska State Library. As per the grant award, the amount of $6,300 is to be used for the purchase of books and should be deposited in account 001 440 -4666. The library director completes an application each year in order to receive these funds. Certain minimum standards must be met in order to receive this grant. These include reporting requirements, number of hours that the library is open to the public, minimum educational requirements continuing education requirements and for the, and management requirements regarding policies. 1992 KENAI ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000.00 IN THE GENERAL FUND FOR LIBRARY TRAVEL AND TRANSPORTATION. WHEREAS, the City of Kenai has received $1,000.00 Continuing Education Grant from the Alaska State Library; and, WHEREAS, these funds art to pay for staff continuing professional education; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its employees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library State Grants Increase Appropriations: Library Travel Transportation $1,000.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance- CITY OF KENAI ORDINANCE NO. 2503 -2010 -46- Suggested by: Administration PAT PORTER, MAYOR New Text Underlined DELETED TEXT BRACKETED] 1,000.00 Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 the KENAI, ALASKA MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: July 29, 2010 SUBJECT: Conference Grant V2Ylaye w a Past, CI with a Futpere 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 iii Telephone: 907 283 -75351 FAX; 907 283 -3014 ll f l 1992 The Alaska State Library provides travel funds each year for one staff member (who cannot be the library director) to attend some continuing education workshop or conference. The maximum available from them is $1,000. We have received these funds each fiscal year since they have been available. These funds can be spent on travel, lodging, per diem and registration expenses. This year those funds have been awarded so that Janina Efta may attend the Association for Rural Small Libraries Conference which will be held in Denver, CO from October 14 -16, 2010. he c# KEN KA ORDINANCE NO. 2504 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $281.80 IN THE PRISM SPECIAL REVENUE FUND. WHEREAS, in FY07 and FY08 the PRISM Special Revenue Fund was used to account for the activity at the City's Fire Training Center; and, WHEREAS, beginning in FY09 the activity for the Center has been accounted for as the Airport Training Facility Department of the Airport Special Revenue Fund; and, WHEREAS, $281.80 remains in the PRISM Special Revenue Fund and must be transferred to the Airport Special Revenue Fund to close the PRISM Fund; and, WHEREAS, the remaining balance of the PRISM Fund reflects activity prior to FY 11 and it is in the best interest of the City to have this transaction reflected in the FY10 financial statements as opposed to being represented in FY 11 financial activity. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows. PRISM Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Transfer to Airport Fund $281.80 FURTHER BE IT ORDAINED, the Administration is directed to reflect this transaction in FY 10 to effect the closure of the PRISM fund at June 30, 2010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI New Text Underlined; [DELETED TEXT BRACKETED[ -48- Suggested by: Administration PAT PORTER, MAYOR $281.80 Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 KENAI, ALASKA laye with a Past Gity with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 To: Rick Koch, City Manager From. Terry Eubank, Finance Director Date: July 28, 2010 Re: Ordinance 2504 -2010 Closure of PRISM Training Facility Special Revenue Fund The operations of' the City's Fire Training Facility was accounted for in the PRISM Training Facility Special Revenue Fund (PTFSRF) in FY07 and FY08. Beginning in FY09 operations of the Center have been accounted for in the Airport Training Facility Department of the Airport Special Revenue Fund. The creation of the Airport Training Facility Department eliminated the needed for the PTFSRF. In order to close the PTFSRF the remaining equity balance of $281.80 needs to be transferred to the Airport Special Revenue Fund. Making this transfer effective June 30, 2010 will eliminate the fund and its reporting in FY11. -49- CITY OF KENAI ORDINANCE NO. 2505 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,600.00 IN THE SENIOR CITIZENS FUND FOR FUNDING RECEIVED FROM KENAI SENIOR CONNECTION, INC. FOR A PART TIME DATA ENTRY POSITION AT THE SENIOR CENTER. WHEREAS, Kenai Senior Connection, Inc. has provided $7,600.00 for a part time data entry position at the Kenai Senior Center; and, WHEREAS, funding from the Kenai Senior Connection, Inc. will provide for a 14 hour per week data entry position. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Citizens Fund Increase Estimated Revenues: Donations Increase Appropriations: Wages $6,975.00 Medicare 101.00 Social Security 433.00 Workers Compensation 56.00 Unemployment Insurance 35.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -50- PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED S7,600.00 $7,600,00 Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 KENAI SENIOR, CENTER Helping People Age with Dignity CITY OF KENAI MEMORANDUM To: Rick Koch, City Manager FROM: Rachael S. Craig, Senior Center Director DATE: July 15, 2010 REFERENCE: Position of Data Entry Senior Connection, Inc. met on Friday, July 9 and discussed funding the temporary part -time position of Data Entry They have agreed to fund $7,600.00 for the position. This is based upon a salary range of 1.1 at 14 hours per week. ht my last memo concerning the Data Entry position, I included justification for the position and the job description in the new format. If there is anything else I need to include, please advise me. 361 SENIOR COURT NAI, ALASKA 99611 TELEPHONE: (907) 283-4156 FAx: (90 63 -3200 E -MAIL: senior@ci.kenai.ak.us July 15, 2010 Rick Koch 210 Fidalgo St, Kenai, AK 99611 Dear Rick, Senior Connection, Inc. met on. Friday, July 9, 2010. During our meeting, it was requested to fund the Senior Center 57.600.00 for a data envy position. We understand this has been very beneficial to the Administrative Assistant in gathering and inputting figures for monthly and quarterly state reports. We hope during the next fiscal year, you will make this position a permanent part-time position. The work load at the senior center has increased over the years and it will only continue with the baby boomers moving into the senior population. Sincerely, /Frank Arbelovsky KENAI SENIOR ON CTION, INC., Together We Make the Difference 361 SENIOR COURT KENAI, ALASKA 99611 TELEPHONE: (907) 283 -4W FAX: (907) 283 -3200 CITY OF KENAI ORDINANCE NO. 2506 -2010 Sponsored by: Planning Zoning AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING LOT 3A OF KAREN SUBDIVISION, MOORE ADDITION FROM GENERAL COMMERCIAL (CG) TO LIMITED COMMERCIAL (LC) WHEREAS, the owner of this property initiated a request to rezone the property; and, WHEREAS, the rezone meets the requirements of KMC 14.20.270; and, WHEREAS, the property is currently zoned General Commercial (CG); and, WHEREAS, the General Commercial (CG) zone limits residential use to strictly a secondary use; and, WHEREAS, residential use has continued on this property for over 50 years and has been compatible with surrounding commercial uses; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan identified development concerns relating to the Kenai Spur Highway corridor; and, WHEREAS, this property is located on the Kenai Spur Highway; and, WHEREAS, the 2003 Comprehensive Plan Land Use classifies the land as Neighborhood Commercial which provides for uses similar to the Limited Commercial zone; and, WHEREAS, in 2005, the Limited Commercial zone was developed to allow medium volume business, mixed residential, and other compatible uses; and, WHEREAS, allowing the rezone to Limited Commercial would provide for commercial uses while permitting continued residential use; and, WHEREAS, rezoning the property to Limited Commercial is consistent with the Comprehensive Plan; and, WHEREAS, on July 28, 2010, the Kenai Planning and Zoning Commission voted to recommend to the City Council the parcel be rezoned to Limited Commercial NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the official Kenai Zoning Map is amended by rezoning Lot 3A of Karen Subdivision, Moore Addition from General Commercial (CG) to Limited Commercial (LC) as shown on Attachment A. New Text Underlined' [DELETED TEXT BRACKETED] -53- Ordinance No. 2506 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1,8th day of August, 2010. ATTEST: Carol L. Freas, City Clerk New Text Underlined; IDEU TED TEXT BRACKETED; -54- PAT PORTER, MAYOR Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: September 18, 2010 Ordinance No. 2506-201PZ10 Rezone Attachment A General Commercial to Limited Commercia Legend Conservation Limited Commercia Central Mixed Use Central Commercial General Commercial Light Industrial Heavy Industrial ecreation Rural Residential Rural Residential 1 Suburban Residential Suburban Residential Suburban Residential 2 Urban Residential Historic Townsite Education Villa e with a Psi et with a Fate/ta 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -75351 Fax: 907 283 -3014 wwvv.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZI0 -21 REZONE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Tony Doyle ADDRESS: 7984 Kenai Spur Hiehwav LEGAL: Lot 3A, Karen Subdivision, Moore Additio PARCEL 041040] WHEREAS, the Commission finds the following: 1. The subject property is currently zoned. General Commercial 2. The present land use plan designation is Neighborhood Commerc 3. The proposed zoning district is Limited Commercial 4. An appropriate public hearing as required was conducted July 14, 2010 5. That the following additional facts have been found to exist: a. The property is zoned General Commercial. b. Residential use is allowed only as a secondary use in the General Commercial zone. c. Residential use has continued on this property for over 50 years and has been compatible with surrounding commercial uses. d. The 2003 City of Kenai Comprehensive Plan identified development concerns relating to the Kenai Spur Highway corridor. e. This property is located on the Kenai Spur Highway. f. The 2003 Comprehensive Plan Land Use classifies the land as Neighborhood Commercial which provides for uses similar to the Limited Commercial zone, g. In 2005, the Limited Commercial zone was developed to allow medium volume busin mix residential, and other compatible uses. -56- PZI 0-21 Resolution h. Allowing the rezone to Limited Commercial would provide for commercial uses while permitting residential use. Rezoning the property to Limited Commercial is consistent with the Comprehensive Plan. 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that Ole petitioned REZONING of Lot 3A, Karen Subdivision, Moore Addition is hereby recommended to the Kenai Ci.ty Council. PASSED BY THE PLANNEUNG AND ZONING CeMMESSIONt OF THE CITY OF IENAI, ALASKA, JULY 28, 2010. CHAIRPERSON:, -57- ATTEST: Page 2 Public Hearing: 7/14/10 (Postponed) 2011 ()AVIS RON r71 DISOWE 2232 a a 2030 21 Rezo MORSE MAT 4A 8047 MOORE1 HO ZUBECK ER <Double-click to enter text> 8015 AND9RSON MOORE ()EA .77Ess maa-4_, 7.983 HELPS mn 7 871 7 06 MOORE DEA lo DOVE ANT A n >952 -58- 2031 HORWATH J 2040 NORWATIt MORSE MAT 2041 ALASKA ME the dir KE ALASKA Sponsored by: Planning 8c Zoning Commission CITY OF KENAI ORDINANCE NO. 2507-2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC SECTION 14.20.050 TO REQUIRE THAT DESTROYED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES BE REMOVED UNLESS THE PARTIAL DESTRUCTION IS FIFTY PERCENT (50 %j OR LESS OF THE REPLACEMENT COST IN WHICH EVENT THE OWNER MUST OBTAIN A BUILDING PERMIT WITHIN TWELVE (12) MONTHS FROM THE DATE OF THE DAMAGE OR DESTRUCTION OR REMOVE THE REMAINING STRUCTURE. WHEREAS, the Kenai Zoning Code regulates the uses of land and types of structures within the City; and, WHEREAS, if a lot, structure, or use of land and /or structures legally existed prior to the adoption of the Kenai Zoning Code, or amendments thereto, but the lot, structure, or use no longer meets the requirements of the Kenai Zoning Code, those structures and /or uses are permitted to continue, within certain limits, as legal nonconformities; and, WHEREAS, under the Kenai Zoning Code, nonconfo ities are allowed to continue until the nonconfo,unity is removed or the nonconforming use ceases, subject to further regulation and restriction as set out under the Kenai Zoning Code; and, WHEREAS, with respect to nonconforming structures, no such structure may be enlarged or altered in a way to increase its nonconformity and, further if a structure is destroyed by more than 50% of its replacement cost at the time of destruction, the non conforming structure may not be reconstructed except in conformity with the Kenai Zoning Code; and, WHEREAS, there are several destroyed or partially destroyed structures in the City of Kenai where the structure was, before destruction or partial destruction, a nonconforming structure within the City but the structure has not been reconstructed and /or the structure has been destroyed by more than 50% of the replacement cost; and, WHEREAS, these destroyed or partially destroyed structures are unsightly, are injurious to neighboring properties and their values and marketability, and negatively impact the surrounding neighborhood; and, WHERERAS, these destroyed or partially destroyed structures also create health and safety hazards to members of the community if allowed to persist; and, New Text Underlined; ]DELETED TEXT BRACKETED] -59- Ordinance No. 2507 -2010 Page 2 of 6 WHEREAS, it is desirable to require that owners of destroyed or partially destroyed structures remove the nonconforming structure, or remaining parts thereof, if the structure is not eligible to be reconstructed or if the owner has not obtained a building permit; and, WHEREAS, on July 28, 2001, the Planning Zoning Commission recommended the City Council adopt this amendment to the Kenai Zoning code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.20.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.050, is hereby amended as follows: 12.20.050 Nonconforming lots, structures, and uses. (a) Explanation. When a lot, structure, or use legally exists prior to the adoption of this ordinance but does not meet the requirements of this chapter, it shall be permitted to continue within the limits set forth in this section. Under such circumstances it is said to have "nonconfoiuiing" status. There are three (3) types of nonconforming status: (1) Nonconforming Lots. The lot, width, or acreage is smaller than the minimum permitted in the zone in which it is located; (2) Nonconforming Structures. The structure is designed to accommodate a nonconforming use or fails to meet yard, coverage, height, or other development requirements established for the zone in which it is located; (3) Nonconforming Uses of Land and or Structures. The use to which land and/or structures is being put is not a principal, accessory, or conditional use permitted in the zone in which it is located, and is not otherwise permitted in this chapter. (b) Intent. There are lots, structures, and uses that exist and were lawful prior to the adoption of this ordinance which would be prohibited under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed. Such uses are declared by this chapter to be incompatible with permitted uses in the zones involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, nor extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone. Nonconforming Lots of Record. In any zone in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single family dwelling and accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this section. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails New Text Underlined' [DELETED TEXT BRACKETED) -60- Ordinance No. 2507 -2010 Page 3 of 6 to meet the requirements for area or width, or both, if the lot conforms to the regulation for the zone in which such lot is located. Exception to development requirements shall be obtained only through the variance procedures established in this chapter. (d) Nonconfosusing Structures. Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this section that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No such structure may be enlarged or altered in a way which increases its nonconformity; (2) Should such structure be partially or wholly destroyed by any means to an extent of more than fifty percent (50 of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter and the remaining structure must be removed within twelve (12) months of the date of destruction; (3) Should such structure be partially destroyed by any means to an extent of fifty percent (50%) or less of its replacement cost at the time of destruction, a building permit may be issued to rebuild, restore, or repair the nonconforming structure within twelve (12) months of the date of damage. If a permit is not issued within that time period. the remaining, structure must be removed within twelve (12) months of the date of destruction; provided however, that if reconstruction is delayed through litigation or other cause beyond the control of the owner, then the time of such delay shall not be considered when computing the 12 -month period for obtaining the building permit (4(3)) Should such structure be moved for any reason for any distance whatever, it shall thereafter confossn to the regulations for the zone in which it is located after it is moved. (e) Nonconforming Uses of Structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this section, said use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No existing structures devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use peimitted in the zone in which it is located; (2) Any nonconforming use may be extended throughout any part of a building which was arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this section, but no such use shall be extended to occupy any land outside such building where such land was not so used at the effective date of adoption of the ordinance codified in this section; (3) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that New Text Underlined (DELETED TEXT BRACKETED] -61- Ordinance No. 2507 -2010 Page 4 of 6 the Commission shall find that the proposed use is equally appropriate or more appropriate to the zone than the eNisting nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards in accord with the provisions of this chapter; (4) Any structure, or structure and land in combination, in or on which a non- conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed; (5) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months or for eighteen (18) months during any three (3) year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located; (6) Where nonconforming use status applies to a structure and premises in combination, removal, or destruction of the structure shall eliminate the nonconforming status of the land. (f) Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of the ordinance codified in this section, lawful use of land exists that is made no longer permissible under the terms of the ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this section; (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this section; (3) If any such nonconforming use of land ceases for any reason for a period of more than three hundred sixty -five (365) days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located. (g) General Provisions. (1) Signs and Display Devices. A nonconforming use of a structure, nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this ordinance by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the zone involved except that this provision shall not be deemed to prohibit the replacement of one sign with another of like size. (2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this section and upon which actual building construction has New Text Underlined' [DELETED TEXT BRACKETED] -62- Ordinance No. 2507 -2010 Page 5 of 6 been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. (3) Repairs and Maintenance. On any nonconfor wring structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10 of the current replacement value of the building, provided that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified in this section shall not be increased. (h) Exception(s) to this Section. (1) Outside Storage of Junk. Notwithstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible from a City or State road in any zone. However, the Commission may grant a conditional use permit under the procedure specified in this chapter allowing said use to continue for a specified period of time if: (i) An eight foot (8') high sight- obscuring fence of good appearance has been provided around said use. (2) The Planning and Zoning Commission may grant a conditional use permit allowing a nonconforming use to expand, enlarge, or increase in intensity provided that: (i) The use may not expand beyond the site, lot, or parcel as defined by the legal description on the certificate of occupancy for a nonconforming use, or owned or leased by the nonconforming use as of the date it became nonconforming in the event there is no certificate of occupancy. (ii) Uses which are nonconforming due to the number of residential units may not add additional units. (iii) The proposed modification will not result in further infringement of the provisions of this subsection; modifications shall comply with all regulations (other than use restrictions) including, but not limited to, lot coverage, yard, height, open space, density provisions, or parking requirements unless waived by the Commission through a variance as provided in this chapter. (iv) The nonconforming use must have been a permitted use in the prior zone at the time it became a nonconforming use. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or New Text Underined [DELETED TEXT BRACKETED' -63- Ordinance No. 2507 -2010 Page 6 of 6 application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2010. ATTEST: Carol L. Freas, City Clerk -64- PAT PORTER, MAYOR New Text Underined (DELETED TEXT BRACKETED] Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: September 18, 2010 CITY OF KENAI PLANNING AND ZONING COMMISSION RES LUTION Nt, PZIO -2 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF' KENAI, ALASKA, RECOMMENDING THE COUNCIL OF THE CITY OF' KENAI, ALASKA, ADOPT AN AMENDMENT TO KMC SECTION 14.20.050 TO REQUIRE THAT DESTROYED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES BE REMOVED UNLESS THE PARTIAL DESTRUCTION I5 FIFTY PERCENT (50 OR LESS OF THE REPLACEMENT COST IN WHICH EVENT THE OWNER MUST OBTAIN A BUILDING PERMIT WITHIN TWELVE (12) MONTHS FROM THE DAMAGE OR DESTRUCTION OR REMOVE THE REMAINING STRUCTURE, WHEREAS, the Kenai Zoning Code regulates the uses of land and types of structures within the City; and, WHEREAS, if a lot, structure, or use of land and /or structures legally existed prior to the adoption of the Kenai Zoning Code, or amendments thereto, but the lot, structure, or use no longer meets the requirements of the Kenai Zoning Code, those structures and /or uses are permitted to continue, within certain limits, as legal nonconfoimities and, WHEREAS, under the Kenai Zoning Code, nonconformities are allowed to continue until the nonconformity is removed or the nonconforming use ceases, subject to further regulation and restriction as set out under the Kenai Zoning Code; and, WHEREAS, with respect to non conforming structures, no such structure may be enlarged or altered in a way to increase its non conformity and, further if a structure is destroyed by more than 50% of its replacement cost at the time of destruction, the non conforming structure may not be reconstructed except in confoz inity with the Kenai Zoning Code; and, WHEREAS, there are several destroyed or partially destroyed structures in the City of Kenai where the structure was, before destruction or partial destruction, a nonconforming structure within the City but the structure has not been reconstructed and /or the structure has been destroyed by more than 50% of the replacement cost; and, 'WHEREAS, these destroyed or partially destroyed structures are unsightly, are injurious to neighboring properties and their values, and negatively impact the surrounding neighborhood; and, New Text Underlined [DELETED TEXT BRACKETED] -65- WHERAS, these destroyed or partially destroyed structures also create health and safety hazards to members of the community if allowed to persist; and, WHEREAS, it is desirable to require that owners of destroyed or partially destroyed structures remove the nonconforming structure, or remaining parts thereof, if the structure is not eligible to be reconstructed or if the owner has not obtained a building permit. NOW, THEREFORE, BE IT RECOMMENDED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1, Form. This is a Code ordinance Section 2, Amendment of Section 14.20.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.050, is hereby amended as follows: 12.20.050 Nonconforming lots, structures, and uses, (a) Explanation. When a lot, structure, or use legally exists prior to the adoption of this ordinance but does not meet the requirements of this chapter it shall be permitted to continue within the limits set forth in this section. Under such circumstances it is said to have "nonconforming" status. There are three (3) types of nonconforming status: (1) Nonconforming Lots. The lot, width, or acreage is smaller than the minimum permitted in the zone in which it is located; (2) Nonconforming Structures. The structure is designed to accommodate a nonconforming use or fails to meet yard, coverage, height, or other development requirements established for the zone in which it is located; (3) Nonconforming Uses of Land and /or Structures. The use to which land and /or structures is being put is not a principal, accessory, or conditional use permitted in the zone in which it is located, and is not otherwise permitted in this chapter. (b) Intent. There are lots, structures, and uses that exist and were lawful prior to the adoption of this ordinance which would be prohibited under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed. Such uses are declared by this chapter to be incompatible with permitted uses in the zones involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, nor extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone. (c) Nonconfoi ing Lots of Record. In any zone in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single family dwelling and accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this section. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, if the lot conforms to the New Text Underlined; [DELETED TEXT BRACKETED) -66- regulation for the zone in which such lot is located. Exception to development requirements shall be obtained only through the variance procedures established in this chapter. (d) Nonconforming Structures. Where a lawful_ structure exists at the effective date of adoption or amendment of the ordinance codified in this section that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No such structure may be enlarged or altered in a way which increases its nonconformity; (2) Should such structure be partially or wholly destroyed by any means to an extent of more than fifty percent (50 of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter and the remaining structure must be removed within twelve (12) months of the date of destruction; (3) Should such structure be partially destroyed by any means to an extent of fifty percent (50 or less of its replacement cost at the time of destruction, a buildin• Permit may be issued to rebuild, restore, or repair the nonconfoimui ng structure within twelve (12) months of the date of damage If a permit is not issued within that time period, the remaining structure must be removed within twelve (12) months of the date of destruction: provided however. that if reconstruction is delayed through litigation or other cause beyond the control of the owner, then the time of such delay shall not be considered when computing the 12 -month period: (4[31) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved, (e) Nonconforming Uses of Structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this section, said use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No existing structures devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located; (2) Any nonconforming use may be extended throughout any part of a building which was arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this section, but no such use shall be extended to occupy any land outside such building where such land was not so used at the effective date of adoption of the ordinance codified in this section; (3) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Commission shall find that the proposed use is equally appropriate or more New Text Underlined [DELETED TEXT BRACKETED) -67- appropriate to the zone than the existing nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards in accord with the provisions of this chapter; (4) Any structure, or structure and land in combination, in or on which a non- conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed; (5) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months or for eighteen (18) months during any three (3) year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located; (6) Where nonconforming use status applies to a structure and premises in combination removal, or destruction of the structure shall eliminate the nonconforming status of the land, (1) Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of the ordinance codified in this section, lawful use of land exists that is made no longer permissible under the ter ms of the ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this section; (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this section; (3) If any such nonconforming use of land ceases for any reason for a period of more than three hundred sixty -five (365) days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located. (g) General Provisions. (1) Signs and Display Devices. A nonconforming use of a structure, nonconforming use of land, or a nonconfot using use of a structure and land, shall not be extended or enlarged after passage of this ordinance by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the zone involved except that this provision shall not be deemed to prohibit the replacement of one sign with another of like size. (2) Construction Begun Prior to Passage of the Ordinance Codified Herein To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this section and upon which actual building construction has New Text Unde3'tined; [DELETED TEXT BRACKETED] -68- been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a pea =nanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. (3) Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10 of the current replacement value of the building, provided that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified in this section shall not be increased. (h) Exception(s) to this Section. (1) Outside Storage of Junk Notwithstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible from a City or State road in any zone. However, the Commission may grant a conditional use permit under the procedure specified in this chapter allowing said use to continue for a specified period of time if: (i) An eight foot (8') high sight obscuring fence of good appearance has been provided around said use. (2) The Planning and Zoning Commission may grant a conditional use permit allowing a nonconforming use to expand, enlarge, or increase in intensity provided that: (i) The use may not expand beyond the site, lot, or parcel as defined by the legal description on the certificate of occupancy for a nonconforming use, or owned or leased by the nonconforming use as of the date it became nonconforming in the event there is no certificate of occupancy. (ir) U :WS which are, nonconforming due to the number of residential units may not add additional units. (iii) The proposed modification will not result in further infringement of the provisions of this subsection: modifications shall comply with all regulations (other than use restrictions) including, but not limited to, lot coverage, yard, height, open space, density provisions, or parking requirements unless waived by the Commission through a variance as provided in this chapter. (iv) The nonconforming use must have been a permitted use in the prior zone at the time it became a nonconforming use. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances The City Council hereby rw Text Underlined; [DELETED TEXT BRACKETED) -69- declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF KENAI PLANNING AND ZONING COMMISSION RECOMMENDS COUNCIL ADOPT AN AMENDMENT TO KWIC SECTION 14.20.050 TO REQUIRE THAT DESTROYED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES BE REMOVED UNLESS THE PARTIAL DESTRUCTION IS FIFTY PERCENT (50%) OR LESS OF THE REPLACEMENT COST IN WHICH EVENT THE OWNER MUST OBTAIN A BUILDING PERMIT WITHIN TWELVE (12) MONTHS FROM THE DAMAGE OR DESTRUCTION OR REMOVE THE REMAINING STRUCTURE. PASSE Y THE rLANNING AND ZONING COMMXSSION tF THE CITY OF KENAI, ALASKA, July 28, 20/0. New Text Underline& [D]ELETED TEXT BRACKETED) -70- KENAI, ALASKA MEMO: TO: Mayor Porter and City Councilors 1( ROM: Krista S. Stearns, City Attorney DATE: July 29, 2010 "VUIaye with a Past, eity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t Telephone: 907 283 -7535 FAX: 907 283 -3014 lllif l -71- SUBJECT: Proposed Ordinance No. 2507 -2010, Amending the Kenai Zoning Code to Require that Destroyed or Partially Destroyed Nonconforming Structures Be Removed Unless the Partial Destruction is Fifty Percent or Less of the Replacement Cost in Which Event the Owner Must Obtain a Building Permit Within 12 Months from the Date of Damage or Destruction or Remove the Remaining Structure. The Planning Zoning Commission has recommended a change to the Kenai Zoning Code to add express, affirmative requirements on owners of nonconforming structures to remove structures that have been destroyed or partially destroyed unless the structure retains at least 50% of its value after the damaging event(s). Mayor Porter suggested that a change to the ordinances be presented to the Planning Zoning Commission as another means to address suggestions made by members of the public in the May 8 Town Hall Meeting about how the City of Kenai can continue to build a sustainable community. The ordinance is, in essence, companion legislation to proposed Ordinance 2499 -2010 (amending KMC 12.10 to change the definition of "nuisances introduced at the July 21 Council meeting and postponed until the August 18 Council meeting. Both ordinances will be open for public hearing on August 18. Ordinance No. 2507 -2010 is slightly different than that originally presented to the P &Z Commission at its July 28 public hearing on this matter. The P &Z Commission recommended that the ordinance be adopted if the owners have 12 months from the date of the damaging event to obtain a building permit for making repairs. The resolution as originally introduced had a shorter, 3 -month period for owners to apply for a building permit. The Commission's recommendation to allow owners 12 months to apply for a building permit is reflected in proposed Ordinance No. 2507 -2010. ,992 CITY OF KENAI ORDINANCE NO. 2508 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000.00 IN THE MUNICIPAL PARK IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, the City of Kenai previously received a grant from the State of Alaska for $1,000,000.00 of which $250,000.00 was appropriated for the City's Library Expansion Project and the remaining $750,000.00 was appropriated for street and sewer projects; and, WHEREAS, there remains $638,952.38 of street, water and sewer project funds currently unallocated to a specific project, and, WHEREAS, the construction of a municipal park on Marathon Road is an eligible project under the state grant; and, WHEREAS, during the FY11 Budget preparation process it was discussed to redirect $150,000.00 of the State grant funds to the park construction process; and, WHEREAS, in concurrence with the direction given by Council during the FY11 Budget process, the City Manager has authorized a budget revision and transfer of $150,000.00 to the Municipal Park Improvement Capital Project Fund from the Street, Water and Sewer Capital Project Fund to fund the park construction project; and, WHEREAS, it is in the best interest of the citizens of Kenai to construct a municipal park on Marathon Road. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Municipal Park Improvements Capital Project Fund Increase Estimated Revenues: Transfer from Other Funds Increase Appropriations: Engineering 25,000.00 Construction 125,000.00 $150,000.00 New Text Underlined' [DELETED TEXT BRACKETED _72_ $150,000.00 Ordinance No. 2508 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Undezlinefl; [DELETED TEXT BRACKETED] -73- Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: July 29, 2010 Re: Ordinance No. 2508 -2010 li Vi(laye with a Past C# with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 With the buyout of the University of Alaska land lease on Marathon Road the City regained control of the small lake area on leased lot. The City's intent is to construct a municipal park on the site. During discussions for the preparation of the FY11 City Budget, the administration recommended and was directed by Council to allocate $150,000.00 of a previously received and appropriated State Grant to fund the construction of the park. The $1,000,000.00 State Grant was previously appropriated via Ordinance 2321 -2008 for the City's Library Expansion Project $250,000.00 and $750,000.00 to street, water and sewer projects. Of the $750,000.00 for street, water and sewer projects, $638,952.38 remains unallocated to specific projects and was available for redirection. $150,000.00 has been transferred from the Streets, Water and Sewer Capital Project Fund to the Municipal Park Improvements Capital Project Fund, Prior to expending any funds in the Municipal Park Improvements Capital Projects Fund the Council must appropriate the funds. This is the purpose of Ordinance 2508 -2010. -74- 1. CALL TO ORDER: a. Roll CaII b. Agenda Approval c. Consent Agenda d. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 28, 2010 7:00 p.m. PENDING APPROVAL *All items listed with an asterisk CO are considered to be routine and non controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. 14, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZIO -2'1 An application to rezone the property known. as Lot 3A, Karen Subdivision Moore Addition (7984 Kenai Spur Highway) from General Commercial to Limited Commercial.. Application submitted by Tony Doyle, 39154 Holly Avenue, Soldotna, Alaska. (Postponed from July 14, 2010.) b. PZ1.0 -23 —An application for a Conditional Use Permit for a Mobile Food Vendor for the property known as Government Lots 6 7 (4300 Eagle Rock Drive), Kenai, Alaska. Application submitted by George Showalter, 47004 Emery Street, Kenai, Alaska. (Postponed from July 14, 2010.) c. PZ10 -25 —A. resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Section 14.20.050 to require that destroyed or partially destroyed nonconforming structures be removed unless the partial destruction is fifty percent (50°) or less of the replacement cost in which event the owner must obtain a building permit within three (3) months from the damage or destruction or remove the remaining structure. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Amendment to KMC 3.15 Licensed Facilities (Kennels) Review /Discussion. b. PZIO -29 A. resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Chapter 12.30, Nuisances in General, to include in the definition of a public nuisance unsightly premises and also certain structures destroyed or partially destroyed by fire or by other means Discussion/Public Hearing Set for August 1.1, 2010. -75- S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED- (3 Minutes) 11. INFORMATION ITEMS: 1.2. NEXT MEETING ATTENDANCE NOTIFICATION: August 1 t 2010 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: -76- ITEM 1: MOTION: 1 -d. CITY OF KENAI PLANNING ZONING COMMISSION JULY 28, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWA/T, PRESIDING CALL TO ORDER *Excused Absences Approved by consent agenda. MINUTES Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: P. Bryson, K. Rogers, K. Koester, S. Romain, R. Wells, J. Twait J, Brookman City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 -b. Agenda Approval Commissioner Wells read the following addition to the agenda: ADD: 11 -a. Information Items Cook Inlet Natural Gas Storage Project ACMP I.D. #1007 -0200 Start of ACMP Review Commissioner Wells MOVED to approve the agenda with the addition and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED, 1 -c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED, -77- *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES July 14, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ10 -21 An application to rezone the property known as Lot 3A, Karen Subdivision Moore Addition (7984 Kenai Spur Highway) from General Commercial to Limited Commercial. Application submitted by Tony Doyle, 39154 Holly Avenue, Soldotna, Alaska. (Postponed from July 14, 2010.) City Planner Kebschull reviewed the staff report included in the packet, recommending approval with the following findings: 1. The property was currently zoned General Commercial 2. Residential use was allowed only as a secondary use in the General Commercial zone, 3. Residential use had continued on this property for over 50 years and had been compatible with surrounding commercial uses. 4. The 2003 City of Kenai Comprehensive Plan identified development concerns related to the Kenai Spur Highway corridor. 5. The property was located on the Kenai Spur Highway. 6. The 2003 Comprehensive Plan Land Use classified the land as Neighborhood Commercial which provided for uses similar to the Limited Commercial zone. 7. In 2005, the Limited Commercial zone was developed to allow medium volume business, mixed residential, and other compatible uses. 8. Allowing the rezone to Limited Commercial would provide for commercial uses while permitting residential use. 9. Rezoning the propel. ty to Limited Commercial would be consistent with the Comprehensive Plan -78- The motion to approve was postponed from the July 14, 2010 meeting and was active. Twait read the rules of public hearing, and opened the meeting to public comment. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 2 Bryson YES Rogers YES Brookrnan I ABSENT Koester YES Romain YES Wells i YES Twait YES Tony Doyle, 39154 Holly Avenue, Soldotna Applicant spoke in support of the rezone, noting there were two septic systems on the property and a new well had been installed that would service both houses. There being no one else wishing to speak, the public hearing was closed. Kebschull reported neighbors within 300 feet were notified ten days prior to the hearing. VOTE: MOTION PASSED UNANIMOUSLY. Twait noted the rezone would be forwarded to City Council for approval and there would be no appeal period. 5 -b. PZ10 -23 An application for a Conditional Use Permit for a Mobile Food Vendor for the property known as Government Lots 6 7 (4300 Eagle Rock Drive), Kenai, Alaska. Application submitted by George Showalter, 47004 Emery Street, Kenai, Alaska. (Postponed from July 14, 2010.) Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met for approval: 1. The proposed use was consistent with the purpose of the chapter and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighbor would not be significantly impaired. 3. The proposed use was in harmony with the Comprehensive Plan. 4. Public services and facilities were adequate to serve the proposed use. 5. The proposed use would not be harmful to public safety, health or welfare. 6. Any and all specific conditions deemed necessary by the Commission to fulfill the above- mentioned conditions should be met by the applicant. Kebschull noted the applicant would need to apply for a Mobile Food Vendor License from the City Clerk. The motion to approve was postponed from the July 14, 2010 meeting and was active. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 3 -79- Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells YES Twait YES VOTE: MOTION PASSED UNANIMOUSLY. Twait read the fifteen day appeal process procedure. 5 -c. PZ10 -25 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Section 14.20.050 to require that destroyed or partially destroyed nonconforming structures be removed unless the partial destruction is fifty percent (50 or less of the replacement cost in which event the owner must obtain a building permit within three (3) months from the damage or destruction or remove the remaining structure. Kebschull reviewed the staff report included in the packet. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue, Kenai Spoke in opposition to the resolution and noted concern with, confusing language and the three -month time limit. There being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ10 -25 and Commissioner Romain SECONDED the motion. Commissioner comments included the following: Non- conforming structures could not be expanded. The amendment only applied to structures. Concern expressed with proving the 50% replacement cost. The building official had fo hulas to determine replacement costs. Concern expressed with an avenue to dispute costs. Kebschull noted the decision was appealable through the Board of Adjustment. MOTION TO AMEND: Commissioner Bryson MOVED to amend the resolution by changing references to applying for a building permit from three (3) months to twelve (12) months throughout the body of the resolution. Commissioner Rogers SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 4 -80- Bryson YES Rogers YES Brookman ABSENT Koester YES 1 Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells YES Twait YES VOTE ON THE AMENDMENT: MOTION PASSED UNANIMOUSLY. There were no further Commissioner comments. VOTE ON THE MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. ITEM 6: ITEM 7: NEW BUSINESS UNFINISHED BUSINESS None 7 -a. Discussion /Review Amendment to KMC 3.15 Licensed Facilities (Kennels). Kebschull reviewed the drafted amendments to the code, noting neighbors within 300 feet would be notified to address the issue at a public hearing. Commissioner comments included: Inquired if the amendment would add to the duties of the Animal Control Officers. Kebschull reported it would not. Inquired if there was a cost to appeal. Kebschull reported the fee was S 100, but the appellant could request a waiver through the City Clerk. Requested specific guidelines for KMC 3.15.050 Standards for Operating Facility. Requested a work session and public hearing be scheduled. Kebschull noted she would schedule a work session, followed by a public hearing at a future Commission meeting. 7 -b. Discussion PZ1O -29 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Chapter 12.30, Nuisances in General, to include in the definition of a public nuisance unsightly premises and also certain structures destroyed or partially destroyed by fire or by other means Public Hearing Set for August 11, 2010. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 5 -81- Kebschull noted the ordinance had been introduced at the July 21, 2010 City Council meeting; the ordinance would be postponed at the August 4, 2010 Council meeting to allow the Commission to consider it; and, a public hearing was scheduled for the August 11, 2010 Commission meeting. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue, Kenai Noted concern that "diminution of property value" would be hard to prove. There being no one else wishing to speak, the public hearing was closed. ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the action agenda items of the July 21, 2010 City Council meeting included in the packet, noting the beekeeping issue would be coming before the Commission in the future; there would be a meeting regarding the Cook Inlet Natural Gas Storage Project on August 5, 2010 at 6:30 p.m. at the Challenger Center; and, noted nominating petitions for the City's October election would be available from the City Clerk from August 1 -16, 2010. 2010. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda of the July 19, 2010 Borough Planning Commission meeting which was included in the packet. 9 -c. Administration Kebschull noted she would not be attending the August 11, 2010 Commission meeting and previewed the agenda with the commissioners, requesting questions be forwarded to Assistant to the City Planner Nancy Carver in advance of the meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED Pat Porter, Mayor Mayor Porter encouraged Commissioners' attendance at the Cook Inlet Natural Gas Storage Project meeting and requested Administration include the current code on nuisances in the next packet. ITEM 11: ITEM 12: 12 -a. INFORMATION ITEMS None NEXT MEETING ATTENDANCE NOTIFICATION August 11, 2010 Commissioner Romain noted he could be out of town and would request an excused absence as soon as he knew for sure. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 6 -82- ITEM 13: COMMISSION COMMENTS QUESTIONS Wells Reported the Rotary Club would begin work on the park on Marathon Road on July 29, 2010 and noted the "Three Fundamentals of Conditional Use article in The Commissioner magazine looked useful. ITEM 14: ADJOURNMENT MOTION: Commissioner Wells MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:27 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 7 -83- REPORT OF THE CITY CLERK TO: Mayor and Council Members FROM: Carol L. Freas, fiS} Clerk G DATE: July 30, 2010 RE: KENAI, ALASKA Clf Attachment 11 Villay'e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMORANDUM ORDINANCE NO. 2488-2010, Amending KMC Chapter 6.05, Voting Qualifications and Procedures, to Change the Time for the Meeting of the Canvassing Board, to Amend the Process for Absentee Voting by Directing the Use of Pre -Paid Postage Return Envelopes and Reducing the Number of Witnesses Required, to FYpand Certain Record Retention Requirements, and to Make Conforming Amendments. Ordinance No. 2488 -2010 was passed by Council at its June 2, 2010 meeting. The 'effective date' was omitted at the time of the passage and was explained that date would be determined with either the receipt of a pre clearance letter of non objection from the Department of Justice (DOJ) or a "no response" from the DOJ subsequent to its 60 -day review period. My request for pre clearance of the amendments to Chapter 6.05 entitled, "Voting Qualifications and Procedures" was submitted on June 14, 2010. On July 19, 2010 I received the attached non objection letter from the DOJ. The effective date of Ordinance No. 2488 -2010 has been determined as July 19, 2010 and has been added to the body of the ordinance. If you have any questions, please contact me. -85- TCH:RSB:JER:SMC:cv Di 166 -012 -3 2010 -2620 Ms. Carol L. Frees City Clerk 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Dear Ms. Freas: -86- U.S. Department of Justice Civil Rights Division Voting Section NWB 9.50 Pennsylvania Avenue, WW Washington, DC 20530 July 19, 2010 Sincerely, r• vu, T. Christian Herren, Jr. Chief, Voting Section RECEIVED JUL 23 2010 KENA' CITY CLERK This refers to the changes in absentee by -mail voting, procedures, canvass procedures, election record retention procedures, and the t c,hnica] corrections to the municipal code for the City of Kenai in Kenai Peninsula Borough, Alaska, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c. We received your submission on June 16, 2010. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would otherwise require an objection comes to our attention during the remainder of the sixty -day review period. Procedures for the Administration of Section 5, of the Voting Rights Act of 1965, 28 C.P.R. 51.41 and 51.43. Carol Freas From: Tom Spengler, CEO Granicus Inc. [tom©granicus.com] Sent: Monday, July 26, 2010 12:24 PM To: Carol Freas Subject: Announcing Webcasting.com Acquisition by Granicus, Inc. Dear Carol, Today is a great day in Webcasting.com's history. We have some exciting news to share. Over the past several months, Mike Pollock has been working with Granicus, a leading provider of webcasting government services on an agreement for Granicus to acquire Webcasting.com. Today, our companies are jointly announcing that this transaction has been completed. Granicus is a world -class company that brings the extensive resources necessary to help take your transparency initiatives to the next level. Our company is the leading content delivery platform for government. We have helped over 700 government agencies over the past 10 years stream more than 25 million webcasts online. We are excited to share this news and the potential opportunities this brings to Webcasting.com customers. Granicus recognizes the value of the excellent relationship and services Mike and the team have provided you. We are committed to continuing this level of service on an ongoing basis without any changes. Additionally, we have some innovative products and services that some of you may be interested in as your demands grow. Over the coming days you can expect a continuation of the great service Webcasting.com has been providing, You should also expect a call from a senior Granicus representative to answer your questions about the acquisition and plans Granicus has for the future. By mail you will receive a Welcome Kit from Granicus with "Need to Know" information like key contact numbers, escalation procedures, ancillary products /services and other important information. Finally, all Webcasting.com customers are encouraged to attend an informational webinar. All you need is a phone and an internet connection to participate. We hope to see you there! Title: Welcoming Webcasting.com Customers to Granicus Speaker: Tom Spengler, CEO of Granicus For your convenience, we are offering this webinar two times: August 4th. from 1 -1:45 PM ET Register now August 1 1 th. from 1 -1:45 PM ET Racister now Mike extends his appreciation to all of you for placing your faith in him and Webcasting.com through the years. He will be transitioning into a new venture over the next few months. His phone and email will be available over the coming weeks in the event you would like to ask him any questions. Also, to answer any immediate questions you may have about this news, please refer to our FAQ's below. In closing, Granicus is excited to be working with you as a client. If we can be of immediate service contact me, our COO, Ed Roshitsh or Wendy Pochop at 415 357 -3618. Sincerely, Tom Spengler, CEO Granicus, Inc. Mike Pollock, CEO Webcasting.com 1 -87- FA Q's Will there be any changes to my service? Don't worry; there will be no changes to your service. The exact same services that Webcasting.com has been providing for years will continue to be provided by Granicus in exactly the same way, and in most cases by the same people. Will we still get to work with our favorite people, Mike and Rachel? Absolutely; Rachel will be staying in her current role and she is committed to continuing the excellent level of service you have come to expect. Mike will be transitioning from the company over the coming weeks. He will be available part time by phone and email through the end of August. Will my invoice address change? Yes. Future invoices and monthly statements will come from Granicus. You will receive an official notice by mail in the near future about an address change from Webcasting.com's to the Granicus corporate headquarters. Will my pricing change? Nope. All existing customers of Webcasting.com will receive the same level of service at the same price. Over time, should you be interested in new products or services from Granicus, these additional products and services may include an additional fee, We will not be forcing Webcasting.com customers to upgrade or change services. 2 -88- Oregon town approves green burials in city cemeteries I NEWS UPDATES The News Page 2 of 3 f Bigger text a in 40) Text Buzz Upt SF.; 1 BIODEGRADABLE Oregon town approves green burials in city cemeteries atanti AND, Ore. Achlond rmsloanls ebo went a greener burial io: trial( kwad one. m, begx Sava lo use a m1ae10 vxuG- VICKIE ALDO1S; ASHLAND LORE) DAILY TIDINGS Putlshau- P50-111012:07 pre fl odd. 01!2.1[10122 C Om rents (0) SP Recommend (2) ASHLAND, Ore. Annie, Ore, residents who want to bury loved ones in ab environmentally ;enslave way in Ashland no longer have to place the casket or shroud Inside a concrete or metal liner or vault. The Ashland City Council voted last week to allow such 'green° buriafe In city cemeteries, Previously, the Ashland Municipal Code required the use of liners or vaults to prevent settling of the ground at Inc grave site City staff members who manage city cemetenes said they expect some settling to env with green burtaie, but that the probiem Isn't anything they can't handle. The city of Ashland made the change because it has been receiving requests from residents that green burials be allowed, said Ashland Public Works Director Mike Fought. SIM ILA& STORIE5 Green burial can be less expensive than traditional burial, depending on whid'1 options are chosen, For green burials, a linen shroud with straps flat allow It to be (cowered info t priced opton, a handmade woven wlliow casket, ccsts $1,795. Doing away with a liner or vault eliminates that expense. 9 Ferndale funeral home, memorial perk work t0 meet green demand Instruments frrnn Elvis' embalming in be auctioned Gily to ponder promotional discount for grave sites el Beyvlew Cemetery Authors sham tales of 'Weird Washington' 1 Ex"rponranien didtator Ceausescu end wife exhumed "The purpose Is to allow the hotly to go back t0 the EaM more quickly then N a metal casket,' Friend said 5t'a s step forwad for Loose folks who went a natural banal, without having to have a concrete vacq' LltwilierSimonsen Funeral Hume and Crematory Ass Manager Met Friend said of the recent munldpai code change. With modern cemeteries, bodies began to be buried dose together, which Is one reason why people started using concrete or metal liners or vaults, If a person is burled without a liner or vault, there is a thence that the integrity of the grevestte could be compromised If a neW grave is dug next to it, friend cautioned. For a fug green burial, a body is not embalmed. it is pieced in a bicoegreoable casket or shroud and lowered directly into the ground, with no liner or vault. he said. LitwlilerSimonsen Funeral Horne and Crematory located in Aahland, offers green burial set and products, including one caskets that eren'I finished with lacquer or toxic chemicals, sustainebly harvested woven 000910ss or willow caskets and linen ehroude The funeral home offers refrigeration of bodies so that embalming fluids don't have to be used as preaervagves. According to the Santa Fe, N.M. -0ased Green Burial Council, embalming fluid is usually made from the cardnogenic chemical formaldehyde. A 2000 National Cenoer Institute study found that funeral directors have a high Incidence of myemid leukemia. The manufacture and transportation of concrete and metal liners end vaults uses a tremendous amount of enemy and causes carbon emissions, according to the Green Burial Celina. Cremation uses far fewer natural resources than almost any other disposition method but it still involves the burning of lossii fuels. Mercury can atso be emitted when a person with dente( amalgam nllings is cremated, although effective mercury fttration devices are expected to come on the market next year, according to the Green Burial Council. Lltwiller- Simonsen Funeral Home and Crematory has been approved by the Green Burial Council to offer green burial packaged, Most Of Its green burial products have also been certified by the council. Traditional steel and wood caskets range in price from 31,295 to 08,995 according to prices on the Litwiller Simonsen Funeral Home and Crematory website. 59 The lowest cost grave liner or vault, one made of polypropylene, costs 8895 while the most expensive option, a concrete vault costs 55,295. Friend said there are no plots left for green budels in the city -owned historic Ashland Cemetery on East Man Street on the historic Hargedine Cemetery above North Main Street, but there ere plots available for green burials In the city's historic Mountain View Cemetery on Ashland Street. The privately owned Scenic Hills Memorial Park outside Ashland near Ashland Vineyards does have space for green burials. That memorial park was not affected by the city's previous requirement tat vaults and liners be used, Friend said. http: /www.thenewstribune.com /20 1 0/0 5 /2 4/ 1 1 99 17 P /oregon -town- approves green burials... 7/27/2010 Oregon town approves green burials in city cemeteries NEWS UPDATES The News Page 3 of 3 While green budale may seem new, they actually represent a return 10 older burial techniques that were CAmmOn before the, 20th Ceraury, he said. "Ws a revisiting of the way it used to be," Friend 6a Information tram The Ashland Daily Tidings, http://www.daitytidingS.00m np.. Higger toot AA Smeller text j1E -ma l r_A Pont EI Text Bugg up. JOIN THE DISCUSSION We welcome comments. Please keep them civil, short and to Me point. ALL CAPS. spent, obscene, pentane, abu and off topic comments will be deleted. Repeat offenders will be blocked. Thanks for taking pan —5010 abiding by the simple Isles, A thorough explanation of rules of wndue: can be found to our Teens at SamNoa. Comments are displayed newest are?, If you would like to read a tread from beginnin900 end, select "Oldest first" from Itle drop down menu, You must be logged in to leave a comment. 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A subsidiary of The MoClatchy Company At- Wetcome... to Clock Tower Village) Wo re located at the Aware- Ms°, Master-Planned Community of Northwest Landing, what has been GEC THE E- ED/TION View every news page every day News Tribune. stfes0axea! Have TIIe News Tribune delivered to your home daily and Save up t0 304 05 me newsstand price! scribe Toney, :23131.316203,h_.3J05ll Are poyirni.Too 1S_ If you haven't had a DU[ you Flr.rfrlll «mu'lc' L ;107 5 tnnr Ads by Yandol lens Search 1 ht://.thenewsbune.com!20 10 /05/24/1 199 Q5regon- town approves green burials... 7/27/2010 A Nave's Homecoming for Change First Alaskans 1 December /January 2010 we Swan lrvorrked. t ELDER OF TH When. <l'laska Native Federation Eider of the Year Clare left Ketlai in 1949 after graduating from high school, t wedrsl e would never to return. floe tratlifronal village was gone, along with the security thaflhaci once come with a. So many nev people came in after the wan and that was when 1. began to realize the full the weight of being Native," she said. "And no one wanted to be Native. It FI wasn't fashionable." She spent over 20 years Outside, and finally decided to MIPS return in 1973. "1 wanted to come home," she said. "Being around my people again felt good. It felt very familiar' Things were buzzing around the state, too. The Alaska Cairns Settlement Act had been signed the previous year and Native corporations were busy gaining strength. "It was an exciting time," she said. "Yet 1 was surprised at the amount of prejudice still there against Native people She immediately became involved with the Kenai ,Native Association and later with the Kenaitze Indian Tribe and the Cook Inlet 'Tribal Council. She went on to help establish the Dena'ina Health Clinic and worked for over 11 years to help the Kenaitze Bribe win the right to have Educational Fisheries. "That was horrendous" she said. "At meetings perfectly grown -up adults would call us muses, It was brutal." CI'NTMIP. RiCHE FIRST ALASKANS -91- AHD AR By sticking together and negotiating point after point, the tribe finally won. "I knew in my heart it was the right thing to do," she said. was ha rd, but it was exciting. I'd do it again." Swan is currency the board chair of CITC and the committee chairwoman of the Kenaitze Tribal Cultural Committee and is working with and rnentoring youths. She's also part of the outer dialect Dena'ina language revitalizing effort. According to her estimates, less than 50 speakers remain worldwide. "My mother was a fluid Densi ina speaker and hearing it again, the memories just float up," she said. "It makes you feel whole again:' Swan believes that while things have gotten immensely better for her people, there is still a ways to go. "These is still prejudice, and I think that there always will be," she said. "Yon think it gets better and then you realize that it didn't. People close up ids a fear thing," She believes her people need to keep working for change by educating and empowering youths. "The young people have great potential.," she said. "1 wish for them to be as good as they can be, and to always be true to themselves." As far as winning the Elder of the Year award, Swan said that like to many other things in life, it was totally unexpected. "I look around me with wonderment. 1 had these dreams when 1 came home in 1973 and I'm still a part of it,' ds, INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 4, 2010 1. 8/4/2010 Purchase Orders Between $2,500 and $15,000 for council review. 2. Budget Transfer in Capital Projects in excess of 5,000. 3. 5/30/2010 O. Pfeifer letter of thank you for Airport Manager Bondurant's support of the hazing project. 4. 7/20/2010 T. Eubank memorandum related to final payment on the Visitor Center heating system failure class action lawsuit. 5. 7/21/2010 Senator M. Begich letter of thank you to Airport Manager Bondurant and noting the progress on the runway rehabilitation project. 6. 7/23 /2010 J Graham letter related to beekeeping in Woodland Subdivision. 7. 7/26/2010 Alaska Department of Natural Resources letter to ENSTAR Natural Gas Company initiating the State's review of the Cook Inlet Natural Gas Storage Project review. 8. 7/27/2010 K. Lyon, Capital Projects Manager memorandum related to acquisition of Department of Natural Resources parcel and the Kenai water supply. 9. 7/28/2010 T. Eubank, Finance Director, memorandum related to completed capital projects. 10. Kenai Historical Society thank -you letters to Alaska Tile Stone and Dave's Woodworks for donations toward the historical cabin restoration project. 11. 7/28/2010 T. Eubank Quarter Ending June 30, 2010 Investment Report. 12. 8/3/2010 Kenai Peninsula Borough Assembly Meeting Agenda -93- U z 0 0 0 0 0 0 0 0 ui w 0 z 0 cto. °de w c, O •i' 0 0 0 N O 0 0 0 0 O M O O O M 0 0 O O 0 O en 4 N M CV a CV dJ O O N N r 10 3 M O O N O N O C6 N O h V h M e V W o d' CO 07 w w w 0 tt co O co CO o a w m CC O cr 0 O w a 0 Z CC w w z w w a 0 co re Ili -94- July 29, 2010 KENAI, ALASKA Budget transfers in Capital Projects in excess of five thousand dollars ($5,000). (Ordinance No. 2428 -2009) FY 10 Project: Visitor Center Heating Replacement Amount: 9,428.55 Transfer From 127 450 -8098 Visitor Center, Construction Transfer To 127 -450 -9090 Visitor Center, Transfer to G/F Explanation To transfer remaining balance after project completion back to the General Fund Project: Airport Storage Building Amount: $58,620.63 Transfer From 341 -450 -8098 Airport Storage Building, Construction Transfer To 341 450 -9090 Airport Storage Building, Transfer to G/F Explanation Close projects that are complete at year end. FY 11 Project: Municipal Park Improvements Amount: $150,000.00 Transfer From 753- 450 -8098 FY06 Street /Sewer, Construction Transfer To 753 450 -9090 Marathon Road Park Improvement, Transfer to G/F Explanation Fund construction of park on Marathon Road "Village with a Past, Gi with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us -95- -eu I N e o3 O «yi u r i o u r s p i+ on m ,r. t ;.i tAid (Icy C v,0 Of s r �a.ria to c,i v u 5 a o m t O U R t C ct 4m ot-6 once c<>g csik, 6) 1 5 t iff (caykAv't f Cann° f vg. lip wait_ ccA 'k o (Toff s oU d If -r LaaK5 odu ©f your -96- KENAI, ALASKA "!/illaye with a Past, Ci y with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 ext 221 FAX: 907 283 -3014 To: Rick Koch, City Manager I/ From: Terry Eubank, Finance Director Date: July 20, 2010 Re: Final Payment on Visitor Center Heating System Failure Class Action Lawsuit The City has received its final payment from its involvement in Galanti v. Goodyear Tire Rubber Company, Civil Action No. 03 -209. This is the class action suit against the manufacture of heating tubes originally installed in the City's Visitor Center. The first payment of $71,730.85 was received on December 5, 2005 and the final payment of $121,852.01 was received today. Total City receipts from the suit are $406,346.66. The City expended $643,869.25 during FY09 and FY10 replacing the Center's heating system and performing other Center improvements. Improvements included a kitchen remodel, cabinet refurbishing, carpet and tile replacement as well as replacement of window coverings. Total cost to the City's General Fund net of restitution was $237 ,522.59. -97- COMMITTEE ON ARMED SERVICES MARK BEGICH COMMITTEE ON VETERANS AFFAIRS ALASKA COMMITTEE ON COMMITTEE ON THE BUDGET COMMERCE, SCIENCE, AND TRANSPORTATION SUITE 750 510 L STREET ANCHORAGE, AK 99501 (9071 271-5915 Ms. Mary Bondurant Airport Manager Kenai Municipal Airport 305 N. Wilow St. Suite 200 Kenai, AK. 99611 Dear Mary: ic ed *tares *mate WASHINGTON, DC 20510 July 21, 2010 Thank you for the kind gift of the t -shirt. I had a great visit to the airport and I appreciate your efforts to accommodate me on my brief stop. I look fonvard to a full tour in the future. My staff took some great photos of the runway rehabilitation project they're helpful in illustrating the great progress you're making. Keep up the good work. SUITE 206 101 12Te AVENUE FAIRBANKS, AK 99701 Sincerely, (907} 466 -0261 (907)586 -7700 Mark '�egich United States Senator SUITE208 SUITE101 ONE SEALASKA PLAZA 805 FRONTAGE ROAD JUNEAU, AK 99801 KENAI, AK 99611 -98- (9071 283-4000 SUITE 230 1900 FIRST AVENUE KETCHIKAN, AK 99901 SUIT.-. 5R -144 RUSSELL BUILDING WASHINGTON, DC 20519 (907}225 3000 (202) 224-3004 71.24, offto ..-1 (T2/r S,./ ije-- C.7.1/'" -C7 A4 v s )(„c,k, b.)/ r ,1 I i C., cm. cz/i Ty y1„ti r ii„,.ci r /col-- pelo i u ilyrrii..g, b ---il e.1 A ti /I 4 i 4, „ti„,,,,)-(1 L .-5".) oTh Y ko .in A re.(.7r.C, CLA 7 I e c k„) Lsi-c_., 7:-Allyc.t LAYA:i ./.7...Ezty..ye.,./---" a. ,(•,,04-- 4) tizi.2„4.,(447,.../ et/ 2//ric (x_2c-i7v REce JUL 2 zoto KENAI. CIT CLERK /107 "42,-S/tA tjr i e 0 glltnorn DEPARTMENT OF NATURAL RESOURCES DIVISION OF COASTAL AND OCEAN MANAGEMENT http://www.alaskacoast.stataalcus 0 SOUTHCENTRAL REGIONAL OFFICE 550 W F" AVENUE SUITE 705 ANCHORAGE, ALASKA 99501 PH: (907) 269.7470 FAX: (907) 269 -3981 Ms. M. Colleen Starring ENSTAR Natural Gas Company P.O. Box 190288 Anchorage, AK 99519 Subject: Cook Inlet Natural Gas Storage Project ACMP I.D. AK 1007 -020G Start of ACMP Review Dear Ms. Starring: July 26, 2010 SEAN PARNELL, GOVERNOR O CENTRAL OFFICE 302 GOLD STREET, SUITE 202 P.O. Box 111030 JUNEAU, ALASKA 99811 -1030 ON /WW1 4W-1ga, CA Y. (01171 ARg.ie174 The Division of Coastal and Ocean Management (DOOM) received the Coastal Project Questionnaire and consistency certification, applications, and supporting information you submitted for the proposed project. DCOM is coordinating a review for consistency with the Alaska Coastal Management Program (ACMP) (AS 46,40). This letter initiates the State of Alaska review of this proposed project under the schedule and process described in State regulations (11 AAC 110). Project Description Cook Inlet Natural Gas Storage, LLC (CINGS) proposes to construct and operate a new underground natural gas storage facility in Kenai, Alaska. The purpose of this proposal is to assure that deliverable amounts of natural gas will be available for natural gas customers located along the railbelt during periods of high demand, under the current extraction rates from the various Cook Inlet area natural gas wells. The proposal would convert the nearly depleted Cannery Loop Sterling C Gas Pool into an underground storage reservoir. This reservoir would store surplus natural gas during the summer months and then return that gas to the natural gas delivery system during periods of peak winter demand, receiving gas from and delivering it to a connection with the existing Marathon Oil Company Kenai Nikiski Pipeline (KNPL). The project has four main components: A subsurface gas storage reservoir (Cannery Loop Sterling C Gas Pool) administered through a Natural Gas Storage Lease by DNR Division of Oil Gas (DOG); Five injection /withdrawal wells on a 5.9 -acre well pad administered through a. proposed Surface Lease by DNR Division of Mining Land and Water, Southcentral. Region Land Office (SCRO); e A 7.5 -acre compression /gas conditioning facility located on private land to which the state owns the subsurface estate; -100- ACMP I.D. AK 1007 -020G Page 2 July 26, 2010 Start of ACMP Review The associated pipelines to connect it all together (multiple land owners including DNR), administered by SCRO through a subsurface pipeline easement. The project would also include utilities, site access, and emergency egress at the compressor site, and site access at the well pad site. CINGS would also re- enter, isolate. and plug the existing KU 13-8 well, located on the west shore of the Kenai River. The connecting pipe would tie into the KNPL on the east side of Bridge Access Road, at the northwest corner of the mini- storage facility in the City of Kenai. Installation completion is proposed during the fall of 201.1 to support planned gas injections beginning in May 2012. Site clearing and construction activities would begin in October 2010. Project completion is anticipated to be in October 2012. The project's temporary construction footprint, including KU 1.3 -8 activities, would he approximately 18 acres. This acreage total includes the 1.4.7 -acre permanent facility footprint. Construction and operations would require placement of approximately 3,000 cubic yards of fill into approximately 1. /2 acre of wetlands. Location. Located on the eastern side of Cook Inlet, in the Kenai Peninsula Borough within the City of Kenai where Bridge Access Road and Beaver Loop Road intersect; T5N, RI I W. Sections 4, 5, 7, 8, 9, 17 and 1.8, Seward Meridian, Alaska. Scope of Project to be Reviewed Except for the water quality issues addressed through the DEC 401 Certification process, the activities subject to this consistency review consist of the following: A subsurface gas storage reservoir located in Sections 4, 5, 7, 8, 9, 17 and 18, T5N RI 1 W, S.M., which requires authorization through a gas storage lease with the DNR Division of Oil and Gas (ADL 391627); A plan of operations that encompasses all aspects of the facility, which requires approval from the DNR' Division of Oil and Gas (LOCI 10 -003); A 5.9 acre injection /withdrawal well pad, associated infrastructure and ancillary features located just to the south of the intersection of Bridge Access Road and Beaver Loop Road, within the NW% NE'/ of Section 9, T5N, Rl 1 W, S.M., which requires authorization through a 7 acre, 55 year surface lease with the DNR Division of Mining Land and Water, Southcentral. Region Land Office (ADL 230925); A 7.5 acre compression /gas conditioning facility, associated infrastructure and ancillary features located on private land to which the state owns the subsurface estate, located within the SE'/ SE'/ of Section 4, TSN, R11 W, S.M.: A subsurface pipeline easement administered by DNR /SCRO (ADL 230979) encompassing 75.49 acres of state -owned subsurface estate composed of three segments: Segment 1: Wellbores to Storage Facility Up to seven subsurface boreholes beneath the injection/withdrawal wells located on the proposed surface lease that would run westerly from beneath the well heads toward the proposed DOG authorized natural gas storage lease (ADL 391627). The portion of the -101- ACMP I.D. AK 1007-020G Start of ACMP Review boreholes authorized in the SCRO easement would begin at the connection point to the well heads beneath the proposed surface lease (ADL 230925) and would end at the easternmost boundary of the proposed DOG storage lease (ADL 391627). Segment 2: Wellbores to the Compression /Conditioning Facility Just south of the driveway that enters the well pad from Bridge Access Road, and running parallel to it, would be a buried 16" natural gas pipeline for transporting the natural gas between the well pad site and the Compression /Conditioning Facility. Buried along with the pipeline would be the control cables for the remote shutdown of the well heads. Relative to this segment, the SCRO easement would authorize only: o that portion of the buried gas line and control cables that begins on the proposed surface lease and travels northeasterly to the western edge of the DOT /PF managed Bridge Access Road ROW; o that portion where the buried line emerges from the DOT /PF managed Beaver Creek Road ROW and enters the DNR managed section line easement (SLE) on the southern boundary of the privately owned Compression /Conditioning Facility; and o that portion of the buried line that continues outside the SLE to the connection at the Compression/Conditioning Facility. Segment 3: Connection to existing Kenai Nikiski Pipeline (KNPL) This portion of buried 20" natural gas line begins at the point it exits the Compression /Conditioning Facility to the point it connects with the existing DNR. authorized KNPL pipeline. The proposed alignment for this segment exiting the Compression/Conditioning Facility lies immediately adjacent to portions of Segment 2 (described above as entering the Compression /Conditioning facility), traveling along the DNR managed SLE and within the DOT /PF managed Bridge Access Road ROW. Discharge of approximately 3 cubic yards of fill into approximately V acre of wetlands, which includes approximately .15 acre in the well pad area described above, and .35 acre at the compression/gas conditioning facility site. Discharge of fill into waters of the U.S., including wetlands, requires authorization from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. Review Process 1 distributed the packet of information you submitted to the following review participants: Alaska Departments of En,vironm.ental. Conservation, Fish and Game, and Natural Resources, and the Kenai Peninsula Borough Coastal Resource District. A notice posted on July 26, 2010 on the DNR website http:// notes4 .state.ak.us /pn /pubnotic.nsf) and in sites noted on the public notice posted on July 26, 2010 informed the public of the proposed project. The entire review packet is available to view and download at the following URL: ftp: /ftp.dnr.state.ak.us /dcom /CINGS. Authorizations The project must be found consistent with the ACMP before the following state and federal authorizations may be issued: U.S. Army Corps of Engineers Section 404 Permit No. POA- 2009 -1 180 Page 3 July 26, 2010 -102- ACMP I.D. AK 1007 -020G Page 4 July 26, 2010 Start of ACMP Review Department of Environmental Conservation 401 Certificate of Reasonable Assurance No. POA- 2009 -1180 Department of Natural Resources (DNR) Division of Mining, Land and Water (DMLW) Surface Lease No. ADL 230925 Pipeline Easement No. ADL 230979 Division of Oil Gas (DOG) Gas Storage Lease No. ADL 391627 Lease Plan of Operations Approval No. LOCI 10 -003 State agencies shall issue permits within five days after issuance of the final consistency determination that concurs with the applicant's consistency certification, unless the resource agency considers additional time to be necessary to fulfill its statutory or regulatory authority. Please note that, in addition to their consistency review, State agencies with permitting responsibilities will evaluate this proposed project according to their specific permitting authorities. Agencies will issue permits and authorizations only if they find the proposed project complies with their statutes and regulations in addition to being consistent with the coastal program. Applicants may not use any State land or water without DNR authorization, Review Schedule DNR is coordinating the consistency review of this project under a 50 -day review schedule. Review deadlines are listed. below. Request for additional information: Comment deadline: Proposed determination: Final determination: August 19, 2010 August 24, 2010 no later than 5:00 p.m. September 7, 2010 September 13, 2010 State review participants will evaluate this proposed project for consistency with the enforceable policies of the ACMP that include statewide standards in 11 AAC 112, and enforceable policies of the Kenai Peninsula Borough Coastal Resource District, with the exception of the Air, Land and Water Quality Standard (11 AAC 112.310). DEC will review any activities subject to DEC permits, certifications, approvals, and authorizations for consistency with 11 AAC 112.310. The issuance of the permits, certifications, approvals, and authorizations by DEC establishes consistency with 11 AAC 112.310 for those specific activities. The public may also submit comments regarding the consistency of the project with the ACMP. Any comments concerning consistency with 11 AAC 112.310 must be submitted directly to DEC. Comments concerning consistency with all other standards and policies must be submitted to DCOM.. DNR will give careful consideration to all comments. The proposed consistency determination will notify you of the State's concurrence with or objection to your certification. If the State objects, the consistency determination may include alternative measures required to make the proposed project consistent with the ACMP. You may choose to adopt the alternative measures, or propose other modifications that would -103- ACMP I.D. AK 1007 -020G Page 5 July 26, 2010 Start of ACMP Review achieve consistency for review participants and. DCOM to consider. By a copy of this letter 1 am informing the State and Federal agencies that the Division of Mining Land and Water has begun its consistency review. We encourage you to visit DCOM's web site for more information about the ACMP. The web site contains the State's consistency review regulations 11 AAC 11.0, the public notice for this project, and other information. Please contact me at (907) 334 -2563, or email nina.brudier @alaska.gov if you have any questions. Enclosures Sincerely, Y 7 14,1,c‘, 1. AA- Nina Brudie Oil Gas Project Review Manager cc: Tom Atminski, ENSTAR Natural Gas Larry Ostrovsky, Bruce Buzby, Brian Havelock, DNR /DOG Robin Swinford, Sandra. Singer, Jennifer Murrell, Adam Smith, DNR/DMLW/Land Kathryn Young, DNR'DMLW /Contraet Administration Kellie Westphal, Michael Walton, DNR/DMLW/Water Rick Fredericksen, DNR {DMLW /Mining Ed Fogels, Tom Crafford, DNR /OPMP Hans Rinke, DNRJDOF Ginny Litchfield, ADFG /Habitat Ellen Simpson, ADFG Pamela Russell, DNR /DPOR/Parks DNRJDPOR/SHPO Fran Roche, Sean Palmer, DEC Jody Colombie, DOA /AOGCC Linda Markham, DOT &PF Gary Williams, Kenai. Peninsula Borough Coastal Resource District Mayor David Carey, Kenai Peninsula Borough City of Kenai Katherine McCafferty, USACE Lynnda Kahn, FWS Phil North, EPA Sindra Wolfsen, BLM Blake Kowal, Cindy Bettin, Kim Cunningham, CIRI Rosalie Tepp, Kenaitze Indian Tribe Sarah Saunders, Earthjustice Bob Shavelson, Cook Inlet Keeper -104- Public Notice and Opportunity to Comment Alaska Department of Natural Resources Dated July 26, 2010 Cook Inlet Natural Gas Storage Facility at Kenai, Alaska The Alaska Department of Natural Resources (DNR) is soliciting comments on its proposed actions to issue a Division of Oil and Gas (DOG) Gas Storage Lease (ADL 391627) and Lease Plan of Operations (LOCI 10- 003); a Division. of Mining, Land and Water Southcentral Region Land Office (SCRO) Surface Lease (ADL 230925), Pipeline. Easement (ADL 230979), and Land Classification Orders (LCO) SC -10- 001 (for oil gas development) and SC -1.0 -003 (for general recreational purposes) for the project below. Project Description: Cook Inlet Natural Gas Storage, LLC (CINGS) proposes to construct and operate a new underground natural gas storage facility in Kenai, Alaska. The proposal would convert a depleted natural gas pool into an open access natural gas storage reservoir and facility, receiving gas from and delivering it to a connection with the existing Marathon Oil Company Kenai Nikiski Pipeline (KNPL). The proposed project would improve gas deliverability to consumers and include the following major components: A gas storage reservoir (Cannery Loop Sterling C Gas Pool); Five injection /withdrawal wells on a 5.9 -acre well pad; A subsurface pipeline easement connecting the injection /withdrawal wells to the gas storage reservoir A 7.5 -acre compression/gas conditioning facility; A buried 16 inch gathering header pipeline between the well pad and the compression /gas conditioning facility; and A buried 20 -inch pipeline connecting the facility to KNPL. Location: Located on the eastern side of Cook Inlet, in the Kenai Peninsula Borough within the City of Kenai where Bridge Access Road and. Beaver Loop Road intersect; T5N, RI1 W, Sections 4, 5, 7, 9, 17 and 18, Seward Meridian, Alaska. Deadline for written comments: 5:00 PM on August 24, 2010 DNR Contact: Ed Fogels, Director DNR Office of Project Management and Permitting 550 W. 7 Ave., Suite 1430, Anchorage, AK 99501 Phone: 907-269-8423 Fax: 907-269-8918 Email: ed.fogels @alaska.gov -105- Subject to AS 38.05.070 -.075, AS 38.05.850, and AS 38.05.300 the DNR Division of Mining Land and Water, Southeentral Region Land Office (SCRO) has made a Preliminary Decision to offer a 7 -acre parcel for Lease (ADL 230925) with an associated pipeline easement (ADL 230979) for a term of 55 years, and two LCOs (SC -10 -001 and 003) for the project described above. If no other proposals are submitted. SCRO will continue processing the application for lease without an auction. The public is invited to submit comments and alternative proposals for this Decision to the DNR contact listed above. All comments and proposals must be received in writing on or before the comment deadline. The Decision and all project materials can be found at ttit i/ ltp .dnr.stateak.usidcorni(:j;NGS or are available in hardcopy upon request. To be eligible to appeal SCRO's Final Decision, under AS 38.05.035(i) -(rn), a person must have submitted written comments during this comment period. Public Informational Meeting: A public informational meeting will be held 6:30 -9:30 PM, Thursday, August 5, 2010 at the Challenger Center, 971.1 Kenai Spur Highway in Kenai, Alaska. A one hour, open house will be followed by a presentation and Q &A session. This project is also being reviewed for consistency with the Alaska Coastal Management Program (ACMP). Your comments on the proposed project's consistency must be submitted in writing to the DNR Division of Coastal. and Ocean Management (DCOM) contact below. Please reference ACMP ID No, AK 1007 020G. Comments about inconsistency nwst identify the relevant ACMP enforceable policy and explain how the project is not consistent with that policy. ACMP Contact NinaBrudie (for ACMP comments only) DNR Division of Coastal and Ocean Management 550 W. 7 Ave, Suite 705, Anchorage, AK 99501 Phone: 907 -334 -2563 Fax: 907-269-3981 Email: nina.brudie @alaska.gov Web site: http /www.alaskacoast.state.ak.usl Public notice posted at Post Offices in Kenai, Soldotna, Anchor Point and Nikiski, and on the State web site http://n otes4 .state.ak.us /nn /pubnotic.nsf). individuals with disabilities who may need auxiliary aids, services, or special modifications to participate in this review may contact the DNR staff at the above address. DNR reserves the right to waive technical defects in this publication. Carol Freas From: Sent: To: Cc: Subject: Attachments: All Please see attached the ACMP Review Start -up letter and Public Notice for the proposed Cook inlet Natural Gas Storage Facility located in Kenai, Alaska. The entire review packet is available to download at the following URL: ftp: /ftp.dnr.state.ak.us(dcom /CINGS Please note the following 50 -day ACMP review milestones: Request for additional information: Comment deadline: Proposed determination: Final determination: Thank you for your participation in the ACMP. Fst a#ta' ru Ue' OU Gas Project Revien Manages DNR Div of Coastal Ocean Alan 907-334-25o3 f. 907-269-3981 e.: nina.brudiej>ataskwa.gov Brudie, Nina M (DNR) [nina.brudie @alaska.govj Monday, July 26, 2010 4:51 PM coileen .starring @enstarnaturalgas.com torn .arminski @enstarnaturalgas.com; Ostrovsky, Larry Z (DNR); Buzby, Bruce J (DNR); Havelock, Brian E (DNR); Swinford, Robin E (DNR); Murrell, Jennifer S (DNR); Smith, Adam M (DNR); Young, Kathryn R (DNR); Westphal, Kellie M (DNR); Walton, Michael L (DNR); Fredericksen, Ricky S (DNR); Rinke, Hans J (DNR); Litchfield, Virginia P (DFG); Simpson, Ellen M (DFG); Russell, Pamela J (DNR); DNR, Parks OHA Review Compliance (DNR sponsored); Roche, Frances E (DEC); Palmer, Sean P (DEC); Colombie, Jody J (DOA); Markham, Linda D (DOT); gwilliams @borough.kenai.ak.us; dcarey @borough.kenai.ak.us; Carol Freas; katherine .a.mccafferty2 @usace.army.mil; Lynnda_Kahn @fws.gov; north.phil @epa.gov; sindra wolfsen @blm.gov; bkowal @ciri.com; cbettin @ciri.com; kcunningham @ciri.com; kenaitze @alaska.net; ssaunders @earthjustice.org; Bob Shavelson Cook Inlet Natural Gas Storage Facility Start of ACMP Review 100726 _CINGS_ACMP- ReviewSTART.pdf; 100726_PublicNotice- CINGS.pdf August 19, 2010 August 24, 2010 no Eater than 5:00 p.m. September 7, 2010 September 13, 2010 1 -106- the dyai KEN I, ALASKA EMO: Village with a Past, Ct with a Ftsture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch FROM: Kevin Lyon, Capital Projects Manager DATE: 7127/10 SUBJECT: Acquisition of DNR Parcel Kenai Water Supply -107- In January 2006 the EPA lowered the arsenic standard from 50 ppb to 10 ppb thus taking Well 1 and 3 out of compliance. The City of Kenai and Alaska Department of Conservation have entered into a Bilateral Compliance Agreement that extended the arsenic compliance date to December 31, 2010 to allow time to construct a new water treatment facility to remove color and to construct wells to provide adequate water supply, after Wells 1 and 3 are taken off line. After many years of attempting to identify aquifers to supply the City of Kenai water system with sufficient and EPA compliant water it appears that the Beaver Creek aquifer most efficiently meets these requirements_ The preliminary data F. the aquifer s Identifies that the Creek aquifer i preau 1 an rata from the aqut,c study le Bea'var aquiici it file vicinity of Well 2 is adequate to meet the City of Kenai's long term water needs. However, the production wells require adequate separation to allow for the necessary cone of depression. The recommended separation by the hydrologist in this particular aquifer is in B00 to 1200 foot range. Based on the City owned lot size, the new wells would be less than 400' from Well 2 so the recommended separation distance cannot be met on the existing site. To compensate for the close proximity of the wells additional less productive wells could be drilled but that would only meet the City's current water demand, and not provide for ownership of the 200' protective radius. Property that is owned by DNR is adjacent to the City's lot and would enable sufficient separation for efficient use of the aquifer. It would also enable control of the 200 foot protective radius of each of the well. Acquisition of this property would allow for drilling of three wells, of which only two would be necessary, to provide the water necessary for the projected next 25 years. This memo recommends acquisition of the DNR parcel as soon as possible so that additional wells can be completed with the Water Treatment Facility so that non compliant Wells 1 and 3 can be taken off line, and the City can come into compliance with the Federal arsenic standard. It k d\ 7 To: Rick Koch, City Manager From. Terry Eubank, Finance Director Date: July 28, 2010 Re: Completed Capital Projects Tiff, with a Past, C# with a Future FINANCE DEPARTMENT 210 Hidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 As part of fiscal year end accounting procedures a number of capital projects have been identified as complete and their remaining balances have been transferred back to the fund that originally funded the project. Projects completed who's unexpended balances were transferred to the General Fund at June 30, 2010 include: Project Unexpended Balance Kenai Soccer Park 81.5.52 Kenai Coastal Trail 1,512.97 Kenai Dock Improvements 4,767.30 Visitor Center Heating Replacement 9 428.55 Total General Fund Funded S i 6,524.34 Projects completed who's unexpended balances were transferred to the Airport Special Revenue Fund at June 30, 2010 include: Project Unexpended Balance Kenai Courthouse Parking Lot 22.69 Airport Urea Storage Building 58,620.99 Runway Safety Area Improvements 4,454.79 Total Airport Special Revenue Fund s6_34,91.47. These transfer amounts will become part of the receiving funds unappropriated fund balance at June 30, 2010 and is available for appropriation in subsequent periods. -108- box 1948. Kenai, Alaska 99611 Alaska Tile Stone 11887 Kenai Spur Highway, Suite A Kenai, Alaska 99611 Attn: Polly Collins Polly, The Kenai Historical Society wants to thank you for your donation of the granite stone and the labor for the homesteader cabin park project. KHS is a non -profit organization and if you wish to claim your expense of $180.00 as a charitable gift, our Federal I.D. is 20- 5241723. Your help in preserving a part of the early history of the Kenai area is deeply appreciated. Sincerely, c grelaIWY Joe Harris Co Manager, Kenai Homesteader Cabin Project Cc Betty Idleman, President Joanna Hollier, Treasurer George Ford, Chair Historical Log Cabin Committee Rick Koch, Kenai City Manager -109- box 1348, Kenai, Alaska 99611 Dave's Woodworks 1121 Bridge Access Road Kenai, AK 99611 Atm. Dave Dempster Dave, The Kenai Historical Society wants to thank you for donating three 2 -sided logs to the homesteader log cabin project. They were used to build the memorial plaque stand. KHS is a non profit organization and if you wish to claim your expense of $300.00 as a charitable gift, our Federal I.D. is 20- 5241723. Your continuing efforts in helping preserve a part of early history of the Kenai area are greatly appreciated. Siincerrely. Joe Harris Co Manager, Kenai Historical Log Cabin Project Cc Betty Shceman, President Joanna Horner, Treasurer George Ford, Chair Historical Log Cabin Committee Rick Koch, Kenai City Manager -110- TO: Rick Koch, City Manager FROM: Terry Eubank, Finance Director DATE: July 28, 2010 SUBJECT: Quarter ending June 30, 2010 Investment Report FINANCE DEPARTMENT QUARTERLY INVESTMENT REPORT June 2010 City of Kenai Investment Portfolio At June 30, 2010 the City had investments with a market value of $23,588,659 that is down from $23,903,360 at March 31, 2010. The City's portfolio is yielding 0.71% that is down from 1.53% at March 31, 2010, The decrease in yield is due to many of the City's higher yielding investments either maturing or being called. Reinvestment of these funds took place in early July increasing the portfolios rate of return. City's Investment Portfolio US Agency Securities 6,019,426 AML. Investment Pool 929,597 Wells Fargo Money Market 8,877,382 FDIC Insured Certificates of Deposit 3,729,239 Bank Balance 2 033 016 Total 23,588 659 Airport Permanent Fund Investment Portfolio The second quarter of 2010 saw volatility in the equities markets with overall negative returns for the fund. For the quarter, the portfolio returned (5.42 Since inception the portfolio has earned 9.45 Based upon earnings through May 31, 2010, $891,268 was withdrawn from the fund and transferred to airport operations. Management of the fund allows actual earnings or a maximum 5% to be transferred from the permanent fund to operations for the first two years of the funds existence. Government Securities Maturities Less than 1 Year Maturities 1 to 2 Years Maturities Greater than 2 Years Total Government Securities Total Portfolio CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY June 30, 2010 Cash Cash Equivalents Wells Fargo Checking 2,033,016 0.04% Wells Fargo Secured Money Market 8,877,382 0.15% FDIC Insured Certificates of Deposit 3,729,239 0.74% Alaska Municipal League investment Pool 929,597 0.03% Total Cash Cash Equivalents 15569,233 0.27% Average Yield -112- 1e,000000 $12,000.000 $8,000,000 $4.000,000 $0 June 30, 2010 Fair Market Current Value Yield 1,022,810 5.15% 4,994,736 0.99% 2,001,880 1.13% 1.55% 071 /Q 8, 019,426 23,588,659 Investment Portfolio Purchase Price 23,539,478 Investment Portfolio Fair Value 6/30/09 23,635,120 Fair Value Adjustment 6/30/09 95,642 Fair Value Adjustment 06/30/10 (46,460) Cummulative Change in Fair Value 49.182 0 Minimum Maturity1 -2 years Maturity over 2 years 30% Maximum n?olicy Minimum/Maximum ®Aduet Portfolio Liquidity it MI CITY OF KENAI INVESTMENTS 6/30/2010 SECURITY FHLMC 2.0 4/27/12 FFCB 0.66/9/11 FFCB 1.0412/15/11 FHLB 1.39/23/11 FHLB 1.125 Step 10115/12 to 3.0 FNMA 4.125 CITY OF KENAI Investments 06-30-10 COK Current year cost or 06/30/09 06/30/10 Unrealized Gain Accrued EFFECT. DATE DATE CUSIP Market Value Market Value or Loss Interest 3128X8X56 999,989.08 990,976.00 (9,013.08) 3,484,44 3133105115 999,260.00 1,000,000.00 750.00 366.67 3133105P0 1,000,000,00 1,000,000.00 462.22 3133XUR96 2,015,683.33 2,003,760.00 (11,923.33) 7,077.78 3133XV2R1 2,000,000.00 2,001,680,00 1,680.00 4,750.00 3136F44K7 1,049,690.00 1,022,810.00 (26,880.00) 15,364.17 TOTAL 8,064,812 8,019,426.00 -113- (45,186.41) 31,495 1,767 RATE PURCH. DUE 2.000 2/22/2010 4/27/2012 0.650 12/9/2009 5/9/2011 1.040 12/15/2009 12/12/2011 0.634 12/2/2009 9/23/2011 1.125 10/15/2009 10/15/2012 5.150 8/24/2006 2/17/2011 Government Corporate Securities Government Securities Corporate Securities Total Government Corporate Securities Total Fixed Income Real Estate Vanguard REIT ETF Total Real Estate Total Equities Current Month -22114 CITY OF KENAI AIRPORT PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY June 30, 2.010 Current or Current Fair Market Value Average Portfolio Target Portfolio 30- Sep -09 31- Dec -09 31•Mar -0O 30 Yield Weight Weight Maximum Fixed Income Cash Cash Equivalents Wells Fargo Secured Money Market 482789 187667 76,610 53.097 0.15% Total Cash Cash Equivalents 482789 187667 76,610 53,097 4,544,478 4,754,201 4.788,317 4,621,118 3.06% 3083,461 3.290,374 3,514,392 3,345.929 5.45% 7607,939 8,044,575 8.303309 7,967,047 406% 8,090,728 8,232,442 8,380,319 8020,144 4.04% 42.98% 45.00% 65.00% Equities Domestic Equities Standard Poor's 500 index 4,031,109 4.284,445 4,466,709 4,150,321 21.24% 20.00% 25.00% Standard Poor's 600 Small-Cap Index 1,108,561 1,158,970 1,259,151 946,367 5.39% 5.00% 10.00% Standard Poors 400 Mid -Cep tndex 2,209,847 2,320,741 2.522,335 2,098,396 10 61% 10.00% 15.00% Total Domestic Equities 7,349,517 7,734,155 8,248,195 7,195,084 37.24% 35.00% 50.00% International Equities Vanguard Europe Pacific ETF 2,041,982 2,036,029 2,061,032 1,189,087 10.70% 10.001 15,00% Vanguard Emerging Market ETF 1,205,989 1,283,300 1,316295 1,834.985 5 71% 55 00% 1000% Total International Equities 3,247,971 3,319,329 3,380327 3,024,072 16.41% 15.00% 25.00% 906.221 978,151 1,067,133 821.153 906221 978,151 1,067,133 821,153 11,503,709 12,031,634 12.695,655 11,040,309 Total Portfolio 19,594.437 20,264,077 21,075.974 19.060,454 -648 100.0050 100.0054 150.00% Portfolio Composition PIwa NOOnre aWa4N9 Paces WO av,d.M S Pooh WO Sumatra a Poor. 400 vanguard Europ. vanguard emupine Vanau+rd ran FR 5o4 Small-Dm Index wdcau Iran P9159 ETF MMUI ETF aourcenr PmtWoWekh: eTerOat Rattra,KT9Xt ['Maximum P051090 WoyT1 Portfolio Performance 3.38% 5.00% 10.00% 3.38% 5,00% 10,00% v,art0 Date 1e91 von, Inoop4on -16214 14.2214 I PAPA -114- -0.8014 14,851 0.05% July 9, 2010 Mr. Terry Eubank Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK. 99611 Dear Terry; Enclosed is our June report for the Airport Permanent Fund, which includes a portfolio appraisal and transactions. As this report coincides with the end of a calendar quarter, performance data is included. On June 4 $891,268 was withdrawn from the portfolio. At month -end, the market value of the portfolio was $19,060,354. Based upon the composition of the portfolio the annual cash flow would be $298,903. Our monthly commentary is attached. Please let me know if we can help in any way. 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EN a N L'. 0 N0NQ p4 Q`e v o H e c w w Q Pa z w C,a ,m xw 0.7 r o oz o a p ci v yz y¢ 3 Va N 4. o N o N M CI. v e ro 3'0 -124- 0 9 o v a 0.a, 3 9 9 ^J O 0 0 0 0 O 0 0 0 O 0 0 0 o M -t N C.4 N N N N N N M V a ‘D 0 0 t0 0 0 l0 0 l 0 0 0 0 0 0 0 0 t0 0 0 0 0 0 0 0 o 0 o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W n m v� N N N N N N CO N Al.., M M R., a '0 b '.0 '.D W \0 CO 40 '.D b CO '0 40 SD 0 O 0 0 0 0 0 0 0 0 0 0 0 0 Kenai Peninsula Borough August 3, 2010 7:00 PM Pete Sprague Assembly President Seat 4 Soldotna Tenn Expires 2010 Hal Smalley Assembly Vice President Seat 2 Kenai Term Expires 2011 Paul Fischer Assembly Member Seat 7 Central Term Expires 2010 Make Haggerty .Assembly Member Seat 9 South Peninsula Tenn Expires 2012 Gary Knopp Assembly Member Sear 1 Kalifornsky Term Expires 2012 Sue McClure Assembly Member Seat 6 East Peninsula Term Expires 2012 Charlie Pierce Assembly Member Seat 5- Sterling /Funny River Tenn Expires 2017 Bill Smith Assembly Member Seat d Homer Term Expires 2011 Gary Superman Assembly Member Seat 3 Nildski Term Expires 2010 A. B. C. D. E. G. H. J. K. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS Assembly Agenda Regular Meeting Borough Assembly Chambers, Soldotna, Alaska APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed. with an asterisk (r) 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.) APPROVAL OF MINUTES *I. July 6, 2010 Regular Assembly Meeting Minutes COMMENDING RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) Central Peninsula Hospital Quarterly Report (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) MAYOR'S REPORT 1. Agreements and Contracts a. Approval of Sole Source Request for Hazardous Waste Disposal at Maintenance Department to PSC Environmental Services b. Authorizing Award of Contract for the Central Peninsula Landfill C &D Expansion, 2010 to CIC, Inc. August3,2010 Pagel of6 -125- 2. Other c. Authorization to Award Contract for Kalifornsky Beach Elementary and Tustumena Elementary Playground Upgrades 2010 to Priority Construction d. Award of contract to Early Alert, Inc. for All Hazard Incident Management Training Type 3 Position Training e. Award of contract to Priority Construction for Kalifornsky Beach Elementary Tustumena Elementary playground upgrades 2010 Request for Waiver of Formal Bidding Procedures for Zumar Inc. for Sign Supplies for the Borough Roads Department g. Authorizing Award of Contract for the Central Peninsula. Landfill Cell 2 to Southcentral Construction, Inc. h. Authorization to Award Contract for Kenai Middle School Concrete Replacement 2010 to Cornerstone Equipment Rentals Award of Contract to Cooper Consulting for Occupational Medical Exams Award of Contract to Cornerstone Equipment Rentals for Kenai Middle. School Concrete Replacement 2010 Spruce Bark Be Program Monthly Sjtatus Report for June, 2010 b. Investment Portfolio Report June 2010 c. Revenue- Expenditure Report June 2010 d. Budget Revisions June 2010 ITEMS NOT COMPLETED FROM PRIOR AGENDA None PUBLIC HEARLNGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2010-19-03: Accepting and Appropriating S22,829 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) (Referred to Finance Committee) August 3, 2010 Page 2 of 6 -126- Ordinance 2010-19-04: Appropriating $20 for Replacement of the Showers at the North Peninsula Recreation Service Area Pool (Mayor) (Referred to Finance Committee) Ordinance 2010- 19 -05: Accepting and Appropriating $10,000 from the Alaska Department of Natural Resources for the Volunteer Fire Assistance Program for Kachemak Emergency Service Area (Mayor) (Referred to Finance Committee) 4. Ordinance 2010- 19 -06: Authorizing the Acquisition of Three Properties at Fair Market Value Adjoining the Central Peninsula Hospital for Hospital Purposes, Appropriating $2,312,650 from the CPGH, Inc. Plant Replacement and Expansion Fund for the Purchase and Associated Costs, and Authorizing an Amendment to the CPGH, Inc. Lease and Operating Agreement (Mayor) (Final. Hearing on 09/07/10) (Referred to Finance Committee) 5. Ordinance 2010 -27: Providing for the Submission to the Qualified Voters of the Kenai Peninsula Borough the Question of the Issuance of Not to Exceed Sixteen Million Eight Hundred Sixty -Six Thousand Five Hundred Dollars ($16,866,500) of General Obligation Bonds of the Kenai Peninsula Borough to Pay the Costs of Educational Capital Improvements in the Borough at an Election in and for the Kenai Peninsula. Borough on October 5, 2010 (Mayor) (Referred to Policies and Procedures Committee) 6. Ordinance 2010 -28: Providing for a Vote on the Question. of Adopting a Manager Plan of Government at the Next Regular Election, Effective After the 2011 Election (Pierce, Knopp) (Referred to Policies and Procedures Committee) N. UNFINISHED BUSINESS 1. Postponed Items a. Resolution. 2010 -061: Authorizing the Sole Source Award of a Contract for the Construction of a Magnetic Resonance Imaging Building at the South Peninsula Hospital to Jay -Brant General Contractors (Mayor, Haggerty) (Referred to Finance Committee) Resolution 2010 -061 (Haggerty) Substitute: Approving a Change Order to Authorize Construction of a Magnetic Resonance Imaging Building at the South Peninsula Hospital Under the Existing Construction Contract (Haggerty) (Referred to Finance Committee) August 3, 2010 Page 3 of 6 -127- D. NEW BUSINESS b. Resolution. 2010 -062: Supporting the Planning Process Undertaken by the Central Area Rural Transit System Organization to be Submitted to the State of Alaska Department of Transportation and Public Facilities (Mayor) (Referred to Legislative Committee) 1. Bid Awards *a. Resolution 2010-065: Authorizing Capital Improvement Project Cost Allocation and Award of a Contract for the 2010 Stoney Creek Avenue and Bruno Road Paving Capital Improvement Project E3STO (Mayor) (Referred to Finance Committee) *b. Resolution 2010- 066: Authorizing Capital Improvement Project Cost Allocation and Award of a Contract for the 2010 Treasure Chest Avenue and Grouse Avenue Capital Improvement Project NITRE (Mayor) (Referred to Finance Committee) 2. Resolutions Resolution 2010 -067: Authorizing Capital. Improvement Project Cost Allocation and Award of a Contract for the 2010 Rainbow Drive, Honeybee Avenue, Salmon Drive, Salmon Circle, and East Lake Avenue Capital Improvement Project C4RAI (Mayor) (Referred to Finance Committee) *d. Resolution 2010- 068: Authorizing Capital. Improvement Project Cost Allocation and Award of a Contract for the Ashton Park Brumlow Park Road Improvement Assessment District Street Paving Project (Mayor) (Referred to Finance Committee) Resolution 2010 -069: Authorizing Capital Improvement Project Cost Allocation of 567,325 for the Glacier View Road Culvert Replacement Capital Improvement Project S 7GLA (Mayor) (Referred to Finance Committee) Resolution 2010 -070: Authorizing an Additional. Capital Improvement Project Cost Allocation of $27,000 for the 2010 Warren Avenue Capital. Improvement Project N1 WAR (Mayor) (Referred to Finance Committee) August 3, 2010 Page 4 of 6 -128- Ordinances e. Ordinance 2009- 19 -40: Appropriating Supplemental Funding in the Amount of $64,691 and Increasing Charges to Departments in the Amount of $368,859 to Cover Health Insurance Cost in. Excess of Budgeted Amounts (Mayor) (Shortened Hearing on 08/17/10) (Referred to Finance Committee) Ordinance 2010- 19 -07: Accepting and Appropriating $50,000 from the State of Alaska. to Central. Emergency Service Area for Off Road Vehicles (Mayor) (Hearing on 09/07/10) (Referred to Finance Committee) Ordinance 2010- 19 -08: Accepting and Appropriating $20,000 from the State of Alaska to the North Peninsula Recreation Service Area for the Shower Replacement Project (Mayor) (Hearing on 09/07/10) (Referred to Finance Committee) Ordinance 2010- 19 -09: Accepting and Appropriating $73,000 from the State of Alaska to Purchase an Ambulance for the Nikiski Fire Service Area (Mayor) (Hearing on 09/07/10) (Referred to Finance Committee) Ordinance 2010- 19 -10: Accepting and Appropriating $25,000 from the State of Alaska to Purchase Auditorium Equipment for Kenai Central High School (Mayor) (Hearing on 09/07/10) (Referred to Finance Committee) Ordinance 2010- 19 -11: Accepting and Appropriating $5,000,000 from the State of Alaska to the Borough Road Service Area for Capital Improvement Projects (Mayor) (Hearing on 09/07/10) (Referred to Finance Committee) Ordinance 2010- 19 -12: Accepting and Appropriating a Grant from the U.S. Department of Homeland Security in the Amount of $100,686 and Transferring Local Matching Funds of $5,299 to the Bear Creek Fire Service Area for Training and Firefighting Equipment (Mayor) (Shortened Hearing on 08/17/10) (Referred to Finance Committee) Ordinance 2010 -29: Authorizing the Sale of Certain Parcels of Borough Land by Sealed Bid (Mayor) (Hearing on 09/07/10) (Referred to Lands Committee) August 3, 2010 Page 5 of 6 -129- 4. Other Ordinance 2010 -30: Amending KPB 3.04.130 to Require Separate Approval by Resolution to Increase the Salary Schedule for Appendix A Salaried Personnel (Smith) (Hearing on 09/07/10) (Referred to Finance Committee) *a. Confirming Appointment to the Kenai Peninsula Borough Planning Commission (Referred to Policies and Procedures Committee) Appointment Sandra Key Holsten Board Seat East Peninsula Term Expires July 31, 2013 P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND REARING ANNOUNCEMENTS 1. August 17, 2 010 Regular Assembly Meeting 7:00 PM Sol doma R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legislation which wittbe addressed at a later date as noted.) 1. Ordinance 2010- 19 -06: Authorizing the Acquisition of Three Properties at Fair Market Value Adjoining the Central Peninsula Hospital for Hospital Purposes, Appropriating $2,312,650 from the CPGH, Inc. Plant Replacement and Expansion Fund for the Purchase and Associated Costs, and Authorizing an Amendment to the CPGH, Inc. I e and Operating Agreement (Mayor) (Final Hearing on 09/07/10) (Referred to Finance 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 August 17, 2010, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL -FM 91.9 (Central Peninsula), KBBI -AM 890 (South Peninsula), K20.1 AO-FM 88.1(East Peninsula), Copies of agenda items are available at the Borough Cleric's Office 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.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions. August 3, 2010 Page 6 of 6 -130- Carol L. Freas, City Clerk Posted: July 30, 2010 NOTICE OF PUBLIC HEARING AUGUST 4, 2010 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2070 meeting, Council introduced Ordinance No. 2493 -2070 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 20101) a. Substitute Ordinance No. 2493 -2010 Amending Title 13 of the Kenai Municipal Code to Establish a Speed Limit of 25 mph on the North Beach From South Spruce Street to Rocky Point. 2. Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by $18,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. 3. Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. 4. Resolution No 2010 -46 Designating the State of Alaska Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, 'New Water Transmission Mains (Phase III) and Related Improvements" as the Nu mb e r One Local State Funding Priority for Number One i..00ai a�a �c i� uiiui r Fiscal Year 2012. i 5. Resolution No. 2010 -47 Awarding a Contract to Holden Company, for the Project Entitled Vintage Pointe Water Damage Repair 2010 for the Total Amount of $142,486.00. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidaigo Avenue, Kenai, Alaska, 9961.1. 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. CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF AUGUST 4, 2010 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above- referenced meeting. 1. Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by S18,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. 2. Resolution No. 2010 -46 Designating the State of Alaska Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, New Water Transmission Mains (Phase III) and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2012. 3. Resolution No. 2010 -47 Awarding a Contract to Holden Company, for the Project Entitled Vintage Pointe Water Damage Repair 2010 for the Total Amount of $142,486.00. 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, City Clerk Posted: August 5, 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 4, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS hap.//www.ci.kenal ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2493 -2010 Amending KMC 13,40.040 to Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) The motion to adopt is active. a. Substitute Ordinance No. 2493 -2010 Amending Title 13 of the Kenai Municipal Code to Establish a Speed Limit of 25 mph on the North Beach From South Spruce Street to Rocky Point. 2. Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by $18,284.00 for City Manager, City Clerk, and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. 3. Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. 4. Resolution No. 2010 -46 Designating the State of Alaska Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, New Water Transmission Mains (Phase III) and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2012. 5. Resolution No. 2010 -47 Awarding a Contract to Holden Company, for the Project Entitled Vintage Pointe Water Damage Repair 2010 for the Total Amount of $142,486.00. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by 11,869.00 in the Airport Fund and by $474,760.00 in the Runway Improvement Capital Project Fund for Additional Changes of the Airport Apron Pavement Rehabilitation Project. 4. *Ordinance No. 2501-2010 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for Preparation of an Airport Master Plan. 5. *Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant. 6. *Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation. 7, *Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund. 8. *Ordinance No. 2505 -2010 Increasing Estimated Revenues and Appropriations by $7,600.00 in the Senior Citizens Fund for Funding Received From Kenai Senior Connection, Inc. for a Part-Time Data Entry Position at the Senior Center. 9. *Ordinance No. 2506 -2010 Amending the Official Kenai Zoning Map by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General Commercial (CG) to Limited Commercial (LC). 10. *Ordinance No. 2507 -2010 Amending KMC Section 14.20.050 to Require that Destroyed or partially Destroyed Non Conforming Structures Be Removed Unless the Partial Destruction is Fifty Percent (50 or Less of the Replacement Cost in Which Event the Owner Must Obtain a Building Permit Within Twelve (12) Months From the Date of the Damage or Destruction or Remove the Remaining Structure. 11. *Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by $150,000.00 in the Municipal Park improvements Capital Project Fund. 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 Fidalgo Avenue, or visit our website at http: /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211 UNITED STATES OF AMERICA, STATE OF ALASKA YUISLISHEK'S At r lVHV 11 Ss; Denise Reece being first duly sworn, on oath deposes and says: That 1 am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: August 2, 2010 X SUBSCRIBED AND SWORN to me before 4th day ni August NO TARY PUBLIC in Favor for the State of Alaska. My Commission expires 26- Aug -12 2010 AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 4, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS h>wtwww. ci. ke na i. ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) 1. Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) The motion to adopt is active. a. Substitute Ordinance No. 2493 -2010 Amending Title 13 of the Kenai Municipal Code to Establish a Speed Limit of 25 mph on the North Beach From South Spruce Street to Rocky Point. 2. Ordinance No. 2498 -2010 Increasing Estimated Revenues and Appropriations by $18,284,00 for City Manager, City Clerk. and City Attorney Pay and Benefit Increases in Excess of Originally Budgeted Amounts. 3. Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. 4. Resolution No. 2010 -46 Designating the State of Alaska Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled, "New Water Transmission Mains (Phase 111) and Related Improvements" as the Number One Local State Funding Priority for Fiscal Year 2012. 5. Resolution No. 2010 -47 Awarding a Contract to Holden Company, for the Project Entitled Vintage Pointe Water Damage Repair 2010 for the Total Amount of $142,486.00. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by 11,869.00 in the Airport Fund and by 5474,760.00 in the Runway Improvement Capital Project Fund for Additional Changes of the Airport Apron Pavement Rehabilitation Project. 4. *Ordinance No. 2501-2010 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for Preparation of an Airport Master Plan. 5. "Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by 56,300.00 in the General Fund for a Library Grant. 6. *Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation. 7. *Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund. 8. *Ordinance No. 2505 -2010 Increasing Estimated Revenues and Appropriations by $7,600.00 in the Senior Citizens Fund for Funding Received From Kenai Senior Connection, Inc. for a Part-Time Data Entry Position at the Senior Center. 9. *Ordinance No. 2506-2010 Amending the Official Kenai Zoning Map by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General Commercial (CG) to Limited Commercial (LC). 10. *Ordinance No. 2507 -2090 Amending KMC Section 14,20.050 to Require that Destroyed or partially Destroyed Non Conforming Structures Be Removed Unless the Partial Destruction is Fifty Percent (50 or Less of the Replacement Cost in Which Event the Owner Must Obtain a Building Permit Within Twelve (12) Months From the Date of the Damage or Destruction or Remove the Remaining Structure. 11. *Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by '5150.000.00 in the Municipal Park Improvements Capital Project Fund. 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 Fidalgo Avenue, or visit our website at http:liwww.ci.kenai.ak.us. Carol L. Freas, City Clerk D336/211