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HomeMy WebLinkAbout2010-08-18 Council PacketMayor/Council Clerk Police Department Senior Center Library (2) Fire Department t Att orney City Manager Parks Recreation Student Rep. Hall Binder Finance Airport Feltman /Floyd Kebschull /Carver Ogle _Christine Clarion Mellish Schmidt AGENDA DISTRIBUTION 29 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. 4. w -J 0 w 1- 0 a w w J J d w 0 0 w C7 0 0 -J w cc 0 J J 0 z 0 w J 0 CO w 0 a w -J J w C, 0 CC 0 J w co 0 d 2 0 J 0 2 5 k cc w 1- 0 a w 0 0 w 0 0 J w 0 d 2 0 J J 0 5 •iL; ti 0 w J 0 w a 0 a S w -J J 0) w 0 0 w CD O_ 0 J 0 J J 0 0 r 1 0 w -J 0 CO CC w 0 0 W J J d 2 co W 0 0 w 0 J w 2 0 0 N 2 W t. m W J J W cc 0 a W 0 0 5 0 J J 0 5 2 t3 0 0.' w H 0 W J J 2 W 0 0 W C) 0 J W 5 0 cc 0 J 0 2 0 w J 0 ec w 0 d W J J 0 0 W C7 J w 0) d 0 -J J 0 2 LL 0 w J r 0 w L— E 0 d w 0 0 W 0 -J W 5 0 0 0 W 0 w -J 0 CO W H 0 d -J cn W C9 w co 5 0 DC 0 J J 0 ƒ 3 0 0 0 c 0 a n 0 0 5 0 2 0 0 5 k 0 0 0 0 m 0 0 5 0 5 0 5 m 0 c 0 5 0 0 5 0 0 0 g 0 5 0 0 5 K 0 0 w 0 02 0 5 n 0 0 5 0 0 5 0 0 5 m 5 m 0 0 0 0 0 5 r N 5 m ƒ 0 5 0 0 j 0 5 0 0 5 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 18, 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 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.) *A11 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) 1. Tom Sloan, Kenai Peninsula Economic Development District Business Gap Analysis Survey 2. Trent Dodson, Director of Public Outreach for Cook Inlet, Cook Inlet Regional Citizens Advisory Council Update on Cook Inlet Regional Citizens Advisory Council Activiti ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) ITEM D: PUBLIC HEARINGS (Testirwny 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. 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 12 (Clerk's Note: At its August 4, 2010 meeting, Council postponed action on Ordinance No. 2499 -2010 to August 18, 2010. The motion to adopt is active and on the floor.) 2. 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 22 3. 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 25 4. Ordinance No. 2502.2010 Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant 28 Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by 51,000.00 in the General Fund for Library Travel and Transportation 30 6. Ordinance No. 2504 -2010 lncreasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund 32 7. Ordinance No. 2505 -2010 lncreasing 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 8. 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) 9. 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 10. Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by $150,000.00 in the Municipal Park Improvements Capital Project Fund 11. Resolution 2010 -48 Awarding a Contract to Kenai Welding for the Project Entitled Kenai North Dunes Elevated Light Penetrating Walkway /Ramps- Supply Related Appurtenances -2010 for the Total Amount of $34,500.00 34 38 46 59 62 12. Resolution No. 2010 -49 Honoring and Remembering Senator Ted Stevens 64 ITEM E: MINUTES 1. *Regular Meeting of August 4, 2010 66 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 82 2. Approval of Purchase Orders Exceeding $15,000... 83 *Ordinance No. 2509 -2010 Amending the Official Kenai Zoning Map by Rezoning Southeast 'A Southeast 1 /4 Section 4, Township 5 North, Range 11 West, Seward Meridian (SE 1/4 SE Y Sec. 4, T5N, R11W S.M.) from Rural Residential (RR) to Heavy Industrial (IH) 4. *Ordinance No. 2510 -2010 Increasing Estimated Revenues and Appropriations in the Airport Improvement Capital Project Fund for Phase 1 of the Float Plane Basin Development 5. *Ordinance No. 2511 -2010 Increasing Estimated Revenues and Appropriations in the Congregate Housing Improvements Capital Project Fund for Replacement of the Facility's Siding (Clerk's Note: This topic was originally calendared for discussion at the May 19, 2010 Council Meeting, the item was then postponedd to the June 2, 2010 Council Meeting, and then subsequently deferred to the August I8, 2010 Council Meeting.) ITEM H: COMMISSION /COMMITTEE REPORTS 84 90 93 6. Discussion Schedule Council Work Session /Town Hall Meeting and Collaborative Leadership Training Review 96 1. Council on Aging 2. Airport Commission 103 3. Harbor Commission 106 4. Library Commission 5. Parks Recreation Commission 109 6. Planning Zoning Commission 114 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal 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 126 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5,) minutes per speaker) 2. Council Comments EXECUTIVE SESSION None Scheduled. ITEM L. 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. (At its July 21, 2010 meeting, the City Council substituted Ordinance No, 2497-2010 and subsequently postponed it to the September 1, 2010 Council Meeting.) ITEM M: ADJOURNMENT PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) *tVt************************************************************************ INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 18, 2010 Page No. 1. 8/18/2010 Purchase Orders Between $2,500 and $15,000 for Council Review 138 2. Budget Transfer in Capital Projects in Excess of 5,000 3. RurAL CAP 2011. Request for Applications for Community environmental Demonstration Project Grants Under the Alaska Tribal Multi-Media Demonstration Projects 139 4. 8/10/2010, Alaska Department of Natural Resources, Notice of Application for Approval of the Northwest Cook Inlet Unit 143 5. 8/10/2010, Alaska Department of Natural Resources, Notice of Application for Approval of the South-em Cross Unit 144 6. 8/17/2010 Kenai Peninsula Borough Assembly Meeting Agenda 145 ADD TO: ADD TO: None. AUGUST 18, 2010 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET Item D -1 and D -9, Ordinance No. 2499 -2010 and Ordinance No. 2507 -2010 8/16/2010 comments submitted by Susan Smalley. Item D -3, Ordinance No. 2501 -2010 8/17/2010 T. Eubank memorandum with amendment request, explanation, and suggested wording. CONSENT AGENDA REQUESTED BY: CITY CLERK FINANCE DIRECTOR eographic -_es ones trategies Geographic Response Strategies (GRS) are oil spill response plans tailored to protect a specific sensitive area from impacts following a spill. These map -based response plans show re- sponders where sensitive areas are located and where to place spill protection resources. GRS sites are selected by a workgroup often comprised of scientists, government represen- tatives, and area stakeholders. The work group bases each selection on the following Once GRS site selection is finalized the workgroup develops the appropriate strategy to protect the location. Of- ten, the strategy is ground tested by deploying spill response equipment and personnel as though an actual spill has occurred, x SAES Kenai Rh.Per, For information and a detailed look at GRS maps visit: &PS WV'S .;t''., Stairt u-i` !°u I ,.s;,:EEr Salt Marsh Mapping Salt. m habitat dom nateS in many coastal areas of Cook !net, particularly on the west sieie. Cook Inlet RC:AC is providing detailed habitat maps for major Cook Inlet sale: marshes areas for which we have Hite current baseline information. We partnered with Kachernak Bay Research Reserve to collect data and to produced detailed habitat maps far. Legend Salt marsh Plant Community Open water Panne (bare mud er sparse veg) Low Marsh Putcinellia Pucclnellia- Suaeda Sparse Puccinellia YrigtaCh in- Puccinelkie Mantago- Puccineliia-Triglothin High Marsh Mantraps Puccineitia- Piantao_ a Carex Lyngbye! Caren ramenskit Suipus Lymus Different plant communities dominate in lower elevations, compared with areas higher up in the intertidal zone. Thus, plants with the highest salt tolerances are found in the low marsh, and those with lower tolerances to salt are found in the higher areas of the marsh. Tidal creeks interweave across the marshes and mud flats, further influencing the distribution of the various plants within the larger salt marsh, These tidal creeks fill with seawater during high tides and drain dur- ing low tides. The lowest tidal areas of salt marshes are mud flats composed of fine silts and clays, udfiats can provide rich feeding areas for birds, marine invertebrates, and fish. Salt marsh habitat can be es- pecially sensitive to spilled oil since plant roots and sedi- ments can retain oil and cleansing by tides is minimal, Clean -up options are limited by logistics and response ac- tions can cause more damage to the habitat than leaving the oil in place. Salt marshes are best mapped as polygon units which can show total area of a habitat. This complements ShoreZone data which pro- vides good regional summa- ries of salt marsh locations represented as lines or points along the shore. Cook Inlet Regional Citizens Advisory Council www.circac.org RCIkC Alaska Oil Spill Permits Tool Alaska's current statewide oil spill response system involves a com- plex assortment of permits, forms, and applications that must be prepared and filed during various phases of the re- sponse. The Mas:ra tdE Sfrt Permits Toot was 1 .11/--)14 developed to facilitate the process of identify- ing, filling out, and filing with the right agency i the forms and permits required to carry out an effective spill response. C ook Inlet RCAC helped developed this tool sm through a cooperative work group process, in- cluding representatives of those state and fed- eral agencies whose permit forms are included in the tool, as well as representatives from the oil industry and oil spill response organizations. The to& includes approximately 50 permits, forms, and applica- tions. This set of forms represents the documents most commonly required during oil spill response operations in Alaska required by the following agencies: FEDERAL c. Environment& Protection Agency Nation& Maririe Fisheries Service P US Army Corps of Engineers P US Coast Guard US Deportment at Transportation US Forest Service US Fish and Wiltilite Service Nation& Parks Service. Minerals Management Service e Bureau of Indian Affairs Bureau of Land Management STATE of ALASKA Department of Environment& Conservation Department of Fish and Game Department of Natur& Resources e Department of Transportation and Pubiic Far:Mies In addition to the permits required by federal and state agencies, the tool provides pertinent applications, forms, and information from several other agencies and organizations (described in the orange section at right). 1 To view the gitska Pernits Tool go to: http://www.dec.state.ak.usispariperp/permits/ Provides applications for irt situ burning and dispersant use. See also WWW.arrtorg Provides contact information for land access to each of the 12 Regional Native Corpora- tions in Alaska. Provides template forms for decanting, decontamination, health and safety, waste man- agement, etc. 0 Cook Inlet Regional Citizens Advisory Council www.circac.org n caC "The mis of the Council is.ta represent the citizens of CookIntel,in promoting., emnronmentaln s afe marine transpartotian andoitfacility operatic onsn Cookdnlet•"% USCG Honors Cook inlet RCAC At its quarterly meeting held in Anchorage on June 18, 2010, the Cook Inlet Regional Citizens Ad- visory Council (Cook Inlet RCAC) received the United States Coast Guard's Meritorious Public Ser- vice Award. The Award was pre- sented to Cook Inlet RCAC Ex- ecutive Director Michael Munger by Rear Admiral Christopher Colvin, 17th Coast Guard District commander (below). "We are pleased to receive such an honor said Mr. Munger, `This award demonstrates that a citi- zen oversight group can make a difference and work coopera- tively to find solutions during in- cidents." The Award cites the Cook Inlet RCAC for its actions during the Mount Redoubt eruption and the Drift River Terminal Coordination in March 2009, particularly work- ing with the University of Alas- ka Fairbanks to deploy a series of High Frequency (HF) radars to map surface ocean currents in the vicinity of Drift River and nearby areas of Cook Inlet in or- der to better understand potential Continued on Page 7 -4- .S €eond Ouar er 2010 pg pg pg4 pg pgb pg ,iri(i River Evaluation and Recommendations ifie Fortrcatuin Camera installation begins; more funding from the state. Road Member Spolli.:ihn John Williams represents the City of Kenai; Long history in Alaska SPutr:?' n '6'la h Drive New tool will help responders Skimmer k'ixatcr. Highly efficient skim- mers first in Alaska Ca lendar ndar Upcoming events and meetings As a follow up to the coordinated ef- forts of the Unified Command during the Mount Redoubt eruption, Cook Inlet RCAC commissioned a report to evaluate the event and the role of Cook Inlet RCAC within the Incident Command System. The report contains an extensive background on the 1989 -90 erup- tion, the formation of the modern Incident Command System and a comparison between the Cook Inlet and Prince William Sound RCAC's actions during a response or inci- dent. The final report provides recom- mendations to the Council on ways to improve future response activi- ties and interactions with the Uni- fied Command and Industry. Spe- cifically, the report recommends regulatory agencies develop crite- ria to form a Unified Command as it relates to the different stages of Redoubt's eruptive states, Addition- ally, the report identified a need for "After- action" reports and recom- mended that the regulatory agen- cies research acceptable criteria and format for these reports. The report also recommended the RCAC provide the staff with de- fined Incident communications and emergency guidance. For external operations the report suggests that Council draft a Memorandum of Understanding with Cook Inlet oil industry companies to ensure that relevant information is provided to the Council in the event of an emer- gency. The Council elected to form a workgroup to address the report's recommendations. A copy of the evaluation is available in the Library section of our website: www.circac.org This y ear a, Alas}t x ppro let RCA ice 'ri .tha�A Ufa ice Forecasting Network 0 SOSK. ASRC PORT MCKENZIE PORT OF ANCHORAGE Each camera is pressurized and heat- ed in a sealed "bubble" to prevent fogging and freezing. The cameras are controlled remotely by NOAH and can pan, tilt and zoom. Camera installation began at the ASRC facility and the Port of Anchor- age (POA). Each camera will have the ability to transmit its images, over the air, to a transceiver that is hard wired through a Business Exchange Circuit (BXB) that will carry the images to the system server, located at the NOAA facility in Anchorage. The camera at the ASRC facility in Niki- ski will complement the camera located at the OSK facility, also in Niki- ski. These two cameras will provide images of ice concentrations in the East Forelands area. Shortly after the camera installation at the POA, we will install another wireless camera at the Port McKenzie terming. This camera will work in conjunction with the POA camera for opposing views of ice concentrations in Knik Arm. John Williams In the twenty years of the Coun- cil's existence, only two people have represented the city of Kenai Jim Carter and John Douglas. However, last year John Williams became the new- est member of the board to rep- resent Kenai; and as its former mayor it is a city he knows very well. In 1986, Mr. Williams was elected mayor of the City of Ke- nai and served in that position for 18 years (incidentally, it was Mayor Williams who appointed Mr. Carter and Mr. Douglas to represent Kenai on the RCAC board). "I can assure you, it was though no desire of my own," said Mr. Williams, "but through the urg- ing of others I found myself as the mayor of Kenai." Mr. Williams made the most of his 18 years in office and much of what we see today in Kenai was built or developed under his leadership. He worked with US Senator Ted Stevens and Representative Don Young to build the Fire Training center and Challenger Learning Center. Other projects included the building of the Kenai Se- nior Center, the Expansion of the airport, the development of the park strip and the building of the Kenai Courthouse. The Kenai Visitors Center was built as part of Kenai's 1991 celebra- tion of its bicentennial as a Rus- sian settlement. That year the City was also recognized as the number one "All- American City" in the United States. j�r€zughout my working career was very cognizant of inserting ting education& opportunities whenever and wherever they presented thiers&ves. "I've spent my entire career in- volved in construction, devel- opment, or job building...in one way or another," recalled Mr. Williams. Mr. Williams began his career in Los Angeles, California, but quickly tired of the traffic. Af- ter venting his frustration to his boss, he was given the oppor- tunity to relocate to Fairbanks. "I said, 'I don't even know where Fairbanks, Alaska is, but if it has less traffic then Wilshire Boulevard...I'II go, Mr. Wil- liams quipped as he recounted his migration north. That migration was in 1962 un- 0 der a government contract at Fort Wainwright. That assign- ment lead to Kenai and to a long career of supervising the instal- lation of industrial instrumenta- tion and automated systems at Continued on Page 7 One of Cook Inlet RCAC's goals is to provide the very best possible ShoreZone imagery and data to oil spill planners and respond- ers. To accomplish that goal, we collected high resolution digital video and over 13,000 aerial pho- tographs of the entire Cook Inlet shoreline during a particularly low six -day tide window in June 2009. These images replaced the lower resolution imagery collected in 2001 -2003. In addition to serving 1 -sec- ond captures of the video on the NOM web site, we developed a new stand -alone product where users can access hours of high resolution flash video of Cook In- let, the Kodiak Island archipelago, and the Katmai and Kenai Penin- sula coasts. This high resolution imagery will be invaluable to oil spill planners and on -scene com- manders in emergency situations where fast internet access might be limited. Cook Inlet RCAC not only hopes to provide flash drives to spill re- sponders and regulators, but also to communities throughout Cook Inlet. The Coastal America Spirit Avrard recognizes excep- tional projects that demon- strate the 'spirit' of tean:- wari( for Croup efrorts that are poised ra address the United States• cralienging coastal i ssues. In 2.009. the Alaska Shor- Zone proararn and its 30 plus partners received the Spirit AVdaid ioi outstanding partnerships in protecting coastal ecosystems. Eric Haugstad, Director of Contingency Planning and Response for Tesoro and president of Cook Inlet Spill Prevention and Response, Inc. CISPRI), provided the Council with an update on the prog- ress of the new "fuzzy- disc" skimmer. CISPRI ordered two 56 -disc skimmers this winter, but the shipment was delayed as all oil response equipment and resources were diverted to aid in the oil clean up in the Gulf of Mexico. March test results for the 58 -disc skimmer showed 860 gallons per minute (GPM) at 84% efficiency. The test was done us- ing fresh Alaska North Slope Crude. The weathered crude oil results were 786 GPM at 78.4% efficiency. The skimmer was made to run 24 hours J- non-stop in the crude oil. No failures were experienced during this testing. To simulate real world situations, technicians also forced seaweed and kelp into the oil to check for problems with clogging the skimmer. No problems were experi- enced. The two 56 -disc skimmer is slated for delivery in late July and technicians will begin training on the new skimmers im- mediately. CISPRI hopes to replace the older skimmers that use weir technology with the newer more efficient oleophillic disc technology. Once the skimmers arrive, CISPRI will be the only Oil Spill Response Organization in Alaska with this new skimming technol- ogy. the Collier Carbon and Chemical plant and later at the Tesoro refinery in Nikiski. Mr. Williams points out, "Throughout my working career I was very cognizant of inserting educa- tional opportunities whenever and wherever they presented themselves." His philosophy has served him well and with his knowledge of industrial technology and instru- mentation, Mr. Williams found himself as the first full -time instructor hired by the Kenai Peninsula Community College, an institution he and Alaska State Senator Tom Wagoner were instrumental in starting. In 2008, after serving a term as mayor of the Kenai Peninsula Borough, Mr. Williams ended his career as an elected official a career that spanned four decades. For nearly five decades Mr. Williams' experiences in Alaska have fostered tremendous education in both state and federal government and in all facets of the state's major industries. With all that he has accomplished Mr. Williams is most proud of his four children, eight grandchil- dren and wife of 42 years. EVENTS MEETINGS CALENDAR August 21 Industry Appreciation Days Kenai September 24 Quarterly Board Meeting Homer November 17 -19 Pacific Marine Expo Seattle, WA December 2 20th Anniversary Reception Kenai December 3 Quarterly Board Meeting Kenai -10- transport of surface oil. Other incidents where the Cook Inlet RCAC provided expertise and as- sistance to the Coast Guard were the Seabulk Pride grounding in February 2006 and the sink- ing of the Monarch in January 2009. The Meritorious Public Service Award is one of the highest public recognition awards presented by the Coast Guard and is given to recognize dedication and support in advancing the Coast Guard's missions. ix,.'M6'm eiainigeoz.ommo We Moved! LET After 17 years at 910 Highland Ave. We have relocated our office to 5195 Kenai Spur Highway in Kenai. Our mailing address is now: .0. CJ' o q A Mx C241�0�JC2StJ Kona, [K ON1 1 Mc uty of NEN L 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 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. 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 address 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. Foini. 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; (fl (g) A 2[P]lace where activities in violation of State law or ordinance are carried on; 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, formed, 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, vermin, 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 ente the etrurture. (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. 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 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 KMC 1.15.070(1), 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 -15- PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED] Introduced: July 21, 2010 Second Reading: August 4, 2010 Third Reading: August 18, 2010 Adopted: August 18, 2010 Effective: September 18, 2010 MEMO' TO: City Councilors FROM: Mayor Pat Porter DATE: July 15, 2010 Village with a Past, Ci with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 I FAX: 907 283 -3014 SUBJECT: Proposed Ordinance No. 2499 -2010, Amending !CIVIC 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 attractiveness of the City by removing and eliminating burned out buildings and derelict structures, 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- MEMO: Commissioner comments included similar concerns. Village with a Past, Gc with a Future 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 1 Telephone: 907 -283 7535 /FAX: 907 -283 -3014 1 1 1111 19W -17- TO: Terry Eubank, Acting City Manager 7! FROM: Nancy Carver, Planning Zoning Assistan DATE: August 12, 2010 SUBJECT: Ordinance No. 2499 2010 Amending KMC Chapter 12.10 Ordinance No. 2499 -2010 is an ordinance 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. The Planning Zoning Commission held a public hearing on the application at its August 11, 2010 meeting and passed Resolution PZ10 -29, recommending amending the code. Public comment included concern over enforcement and subjectivity of some terms, specifically "unsightly," "diminution of the property value," and "stagnant water." As prescribed in KMC 14.20.270, that recommendation is being forwarded to City Council for their consideration. CITY OF KENAI ,PLANNING AND ZOMNG COMMISSION FESasLUTIION NO. fl1O -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 12.10, 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 address 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, New Text Sinderlmed; tDELETED TEXT BRACKETED] -18- 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, 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 RECOMMENDED THAT THE COUNCIL OF THE CM( OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1, Fonn: This is a Code ordinance. Sectieru 2. Amendment of Chafer 12.10 of the Kenai I unieirral Code: The Kenai 1V1unicipai 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 itiicit sexual inter[ ]course,['] or other immoral acts ar practiced; (f) A p[P]lace where activities in violation of State law or ordinance are carried on; (g) The public exposure of a person having a contagious disease; (h) sensi The continued making of loud or unusual noises which annoy persons of ordinary iti es, 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 IJndedined' [DELETED TEXT BRACKETED] -19- (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, formed, conditioned, or situated as toi endanger the public health or safety; (1) Rank weeds or grass, carc asses, accumulations of manure, refuse, or other things which are or are likely to be breeding places for flies, mosquitoes, vermin, 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; and, Any fire or explosion hazard which endangers the public peace, health, safety, or welfare; (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 v causes aonreciahie diminution of the .ronerty values of surrounding .ronenv or is materially detrimental to proximal properties and improvements. This includes the keeping or dis.osin of or the scatterin over the roi erty or remises 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 declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED) -20- Section 4, Effective Date: Pursuant to K 4C 1.1 5.070(0, this ordinance shall take effect one month after adoption. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF KENAI PLANNING AND ZONING COMMISSION RECOMMENDS COUNCIL ADOPT AN AMENDMENT TO KMC CHAPTER 12.10, NUISANCES IN GENERAL, TO INCLUDE IN THE DEFINITION OF A PUBLIC NUISANCE UNSIGHTLY PREIVIISES AND ALSO CERTAIN STRUCTURES DESTROYED OR PARTIALLY DESTROYED BY FIRE OR Y OTHER MEANS. PASSED Bit THE LANNING AN ZONING COMNI/SSI 0! THE WY OF KENAI, ALASKA, Mgust LI, 2010. -21- New Test Underlined (DELETED TEXT BRACKETED] August 16, 2010 Dear Mayor and Council Members, RECEIVED AUG 17 2010 KENAI CITY CLERK I regret that I am going to be out -of -town for the council meeting of 8/18/10 but submit the following: I confess to living with a council member in an eclectic Kenai neighborhood. We moved there prior to the arrival of the second 9 holes of the Golf Course. Two of our sheds do not match our house. I've been asking for a clothesline for years, long before natural gas rates hit the ceiling. You might consider some of our vegetation "unsightly" and one of our cats is very chubby. I tend to like my neighbors who are short tens, long tern, in fancy houses, mobile homes, and multiplexes. My testimony is regarding Ordinance 2499-2010 and I'd like to begin by addressing subparagraph r" via the Mayor's memo of 7/15/10 and its references to ideas gleaned from the recent Town Hall Meeting to include "encouraging beautification and aesthetics and focusing on quality of life issues such as community building." "Encouraging" and legislating, in my opinion, are not even distant cousins. Personally, I too am VERY interested in "community building" but since my picture of community building is about people and relationships, I find much of Section 12:10.010 less than helpful in that respect, potentially even divisive. Who will the "unsightly police" be? Will neighbors be encouraged to report neighbors or will city employees, or better yet, elected officials do the reporting? Will we set up an anonymous GRIMESTOPPERS hotline number? Will photo records be encouraged or required? I apologize if you are offended by my seemingly flippant remarks, but to me, if this is not funny, I would find it incredibly sad. Line 3 and 4 of "r" refers to "appreciable diminution /materially detrimental to proximal properties and improvement." "Diminution" and "proximal" not withstanding, what I hear it saying to me is that a house (someone's home) that "passed" on one street could "fail" the test if it were in another neighborhood in the city. It might stand out less on one of the unrepaired or unpaved streets in "certain" neighborhoods. Now to line #9 of r Is the city planning on establishing guidelines for where my clothesline should be, or is it up to my immediate neighbors or the whole "hood What would make it unsightly? Will the city respond if my neighbor complains when I put my underwear on the line? And I have similar questions about my vegetation and decorations. Are my painted purple flamingoes at risk of being an endangered species? Would clay rabbits be okay? And what are you going to do about it anyway? Animal control grabs the flamingoes? Public works takes the clothesline or just the underwear? I'd like to share a couple of examples of what happens in my neighborhood. 1. My neighbor's cat yowls on our deck in the middle of the night, "annoying persons of ordinary sensibilities. "(h). We call our neighbor and she keeps her cat in at night. 2. Children on bicycles have been known to dart in front of my car. 1 can citizen's arrest the little lawbreakers or talk to their parents. I do the latter. When my elderly neighbor's roof is sagging and the paint is peeling and her lawn isn't mowed (vegetation issue perhaps), is the best solution we can come up with "defective, unsightly, disrepaired What penalty will she face? How will this build our community? I hope we can raise up what I think is the main thing. What's being considered in this ordinance is about people with names and families with varied economic means. It's not just words on paper or will it be? I absolutely agree that community building should be an important goal. I just think adding more and more "don't's" and "you musts" is not heading in that direction. And as for the truly hazardous situations, I think there are smart enough employees and elected officials to come up with some creative solutions to accompany the ordinance. (2507 -2010) and make it an achievable goal. Call me a wild -eyed optimist but I have higher expectations of my city leadership and government. I'm a cheerful taxpayer, happy and grateful for plowed roads, fire and police protection, water and sewer, senior services, library etc. I don't think this is close to the best we can do. It was Chief Seattle who said, "Whatever we do to the `we,' we do to ourselves." I don't think this is the best we can do to ourselves as citizens of Kenai. Susan Smalley 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 Aii.port 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 $451,023.00 State Grant Revenue $11,869.00 Transfer from Airport Fund $11,869.00 474,761.00 Increase Appropriations Construction S4474,761.00 -22- $11,869.00 11,869.00 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: 7 -23- PAT PORTER, MAYOR Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 the tif KENAI, ALASKA "Viulaye with a Past, C TO: Rick Koch, City Manager FROM: Wayne Ogle, Public Works Director' DATE: July 28, 2010 SUBJECT: ORDINANCE NO, 2500 -2010 Rick, -24- 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 MEMO NDUM with a Future" 1992 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 II-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. 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. <,ty of IIFNAl. ALASKA CITY OF KENAI 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 (AIP). 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 ORDINANCE NO. 2501 -2010 New Text Underline& [DELETED TEXT BRACKETED] -25- Suggested by: Administration $13,989 $13,989 531,608 13,990 13,989 $559.587 Increase Appropriations Administration 50,872 Engineering 508,715 8 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: PAT PORTER, MAYOR New Text underlined• [DELETED TEXT F3RACKETED] -26- Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 Memo To: Rick R. Koch City Manager From: Mary Bondurant Airport Manag Date: July 28, 2010 Subject: FAA Grant Offer "Conduct Master Plan" 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. Cc: Terry Eubank Finance Director 'Sent the'gveater Kenai: Peninsula; 305 N. WILLOW 5T. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907. 2837951 FAX 907-283-3737 www.ci.kenai.ak.us. -27- Ordinance No. 2506- 201cPZ1 -21 Rezone AttachmentA General Commercial to Limited Commercial Legend Conservation Limited Commercial Central Mixed Use Central Commercial General Commercial Light Industrial Heavy Industrial Recreation Rural Residential Rural Residential 1 Suburban Residential Suburban Residential 1 Suburban Residential 2 Urban Residential Historic Townsite Education As required by KMC 1.15.130, submission of this completed form to the Kenai City Clerk, declares that circumstances prevent my physical attendance at the u,, 18 Council Meeting and I choose to participate in that meeting fa telephone. NAME: DATE OF SUBMISSION: [If reasonably practicable, notification to Clerk shall be at least seven (7) days prior to a council meeting, but not less than forty -eight (48) hours in advance of the meeting the member proposes to attend by telephone (KMC 1..15.130(c).] Is the telephonic participation pursuant to: TELEPHONIC PARTICIPATION FORM One of two meetings allowed by teleconference during the twelve -month period starting November of each year (KMC 1.15.130(n); or, One of two additional meetings in a twelve -month period because I am physically unable t o attend the meeting due to the need for extended medical care and treatment of a member or members of my immediate family (KMC 1.15.130(o). PHYSICAL LOCATION FROM WHERE I WILL BE TELEPHONICALLY PARTICIPATING: �V f3 j- e,S i{e FACILITY INFORMATION: CK/f 7 I� v 2 y h Telephone Number: «%T� s A.wain i v Fax Number: Room Number: /V PHONE NUMBER FOR TELEPHONIC CONNECTION: g‘ 5712, /3 NOTES: CLERK'S OFFICE USE ONLY: Date Received: 7/ I nformation Distributed to Council Members: Teleconference Operator Used 7//4 vi? e Carol Freas From: Turner Michele MicheleTurner ©borough.kenai.ak.us] Sent: Tuesday, August 03, 2010 2:55 PM To: Hal Smalley Cc: Carol Freas; Blankenship, Johni Subject: Hal in Kodiak 8/18 Hi Carol, Hal will have a speaker phone set up in his hotel room so he may attend the 8/18 council meeting telephonically. Here is the hotel contact information: Best Western Kodiak Inn (907) 486-5712 Room No. 137 Should you need anything in addition, please don't hesitate to let me know. Have a great afternoon! Michele Turner Borough Clerk Assistant (907) 714 -2165 direct From: Hal Smalley [mailto:hvsmalley @yahoo.com] Sent: Tuesday, July 27, 2010 11 :57 AM To: Turner Michele Subject: Michele, While I am in Kodiak for the AML conference in August, can you check with our hotel and make sure tht 1 have a speaker phone so I can teleconference to the city of Kenai for my August 21st council meeting that starts at 7 that night. I will need the room and phone number to give to Carol city Clerk so she can call me...Thanks... Hal 71. 7 c ci* KENAI, ALASKA To: Mayor Porter Council Members From: Terry Eubank, Finance Director Date: August 17, 2010 Re: Ordinance 2501 -2010 An error has been discovered in Ordinance 2501 -2010, which requires amendment prior to adoption. Amounts in the third WHEREAS of the ordinance are incorrect. The following amendment is requested by the administration to correct these amounts. "I move to replace the amount 059,587 in the third WHEREAS with $531,608 and to replace the amount $573,577 with $559,587." After these replacements the third WHEREAS would read: WHEREAS. grant funds have been awarded to the City totaling 5559,587 comprised of 95% FAA $531,608, 2.5% State of Alaska $13,990 and requiring a 2.5% local share of $13,989; and, Thank you for your assistance in correcting this error. "Kf/aye 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 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,300.00 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 $6,300.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18 day of August, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 7 /N CITY OF KENAI ORDINANCE NO. 2502 -2010 New Text Underlined; [DELETED TEXT BRACKETED] _28_ Suggested by: Administration PAT PORTER, MAYOR $6,300.00 Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 c of KENAI, ALASKA MEMO: l TO: Rick Koch FROM: Mary Jo Joiner DATE: July 29, 2010 SUBJECT: Annual State Grant "Village with a Past, et y with a Future" '!11J: 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 he 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. 1592 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 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA., this lSth An of A, gu s t 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: ORDINANCE NO. 2503.2010 CITY OF KENAI PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] -30- Suggested by: Administration $1,000.00 $1,000.00 Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 iY1 he lily of KENAI, ALASKA MEMO: TO; Rick Koch FROM: Mary Jo Joiner DATE: July 29, 2010 SUBJECT: Conference Grant Vi/ aye with a Past, Cc with a Fttare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ,�,I aa„ Telephone: 907 283 -7535 FAX: 907 283 -3014 lI �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 S1,000. 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 he held in Denver, CO from October 14 -16, 2010. CITY OF KENAI ORDINANCE NO. 2504 -2010 Suggested by: Administration 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 $281.80 Increase Appropriations: Transfer to Airport Fund $281.80 FURTHER BE IT ORDAINED, the Administration is directed to reflect this transaction in FY10 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: PAT PORTER, MAYOR New Text Underlined; ;DELETED TEXT BRACKETED] _32_ Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 e with a Past, Gity with a Future /I 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 5281.80 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 FYI 1. -33- 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 $7,600.00 Increase Appropriations: Wages $6,975.00 Medicare 101.00 Social Security 433.00 Workers Compensation 56.00 Unemployment Insurance 35.00 $7,600.00 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: PAT PORTER, MAYOR New Text Underlined• [DELETED TEXT BRACKETED] -34- Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 KENAI SENI ©R 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-tim.e 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. In 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 3 -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 entry 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 pennanent 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. KENAI S ENIOR CONNECTION, NC. Together We Make the Difference 361 SENIOR COURT KENAI, ALASKA 9961 1 TELEPHONE: (907) 283- 4156_• FAX: (907) 283 -3200 MEMORANDUM TO: Rick Koch, City Manager FROM: Michael Craig, Senior Center Director DATE: August 10, 2010 REFERENCE: Position of Data Entry On July 8 it came to my attention that the data entry position filled by the MASST program would be terminated due to program requirements on July 31, 2010. At the time of budget planning, I had intended to submit a new position application for this position. However, I decided again.st it due to no increase in revenue and a cut in United Way funding. During discussion with the Older Worker Specialist, the person in charge of the MASST program on the Peninsula, I was influenced to believe this MASST person would be allowed to continue until 2013. It was only a few days later that I was informed the person in the data entry position was over the income Limit to qualify for the new budget year and would be terminated on the 31 of July. Over the past year this MASST worker has done an excellent job of providing data entry for the administrative assistant. This person has learned to utilize the state NTS database efficiently, understands what is required to keep current records, and has separated meals into the billing categories rendering them readily available for monthly /quarterly reporting and billing. The position has been utilized to oversee meal count and separate then into the categories from which they are to be reported. These actions have saved the administrative assistant many hours of additional work resulting in a more efficient delivery of timely reports, thus allowing her to work on other necessary duties while al.so enabling her to assist our seniors with important issues as they arise. In short, these attributes have enabled us to better meet the demands of our responsibilities to the City of Kenai while the population of elderly seniors within our service area continues to place increased demands on our staff as their age and numbers rise. Beginning in FY2004, state billing procedures became a nightmare. Medicaid choice waiver meals and NTS meals were separated for accounting and billing purposes. The state transferred the existing NTS data base onto the Internet and no longer includes choice waiver meals. The separation of billing for these meal programs required the creation of a new billing and data system for choice waiver clients. The online database for NTS meals was finally implemented by the state July of 2009. With the inception of the new accounting rules for meals, the time spent for monthly and quarterly reporting doubled. Medicaid became strictly online billing requiring upgrades to our computer systems and internal: capabilities. Our Medicaid numbers grew 40% from January '04 to January '08 and, with the new guidelines, we continued to struggle to keep up with the pace. -37- the er' a( KEKALA SKR CITY OF KENAI ORDINANCE NO. 2506 -2010 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 (00); 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, Sponsored by: Planning Zoning 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. xt Underlined' DELETED TEXT BRACKETED) -38- Ordinance No, 2506 -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 New Text Underlined [DELETED LENT BRACT STEDJ -39- PAT PORTER, MAYOR Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: September 18, 2010 Ordinance No. 2506- 201cZ1 -21 Rezone Attachment A General Commercial to Limited Commercial Legend Conservation General Commercial Limited Commercial tight Industrial Central Mixed Use Heavy Industrial Central Commercial Recreation Rural Residential Rural Residential 1 Suburban Residential Suburban Residential Suburban Residential 2 Urban Residential Historic Townsite Education A RESOLUTION OF THE PLANNING AND ZONING COiMLMISS1ON 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 Highway LEGAL: Lot 3A, Karen Subdivision, Moore Addition PARCEL 04104011 WHEREAS, the Commission finds the followi 11'fayc with a Past ei with a Ftsttdre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 Fax: 907- 283 -3014 wvvw.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ10 -21 REZONE 1. The subject property is currently zoned General Commercial 2. The present land use plan designation is Neighborhood Commercial. 3. The proposed zoning distract 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 Flan 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 business, mixed residential, and other compatible uses. -41- PZIO -21 Resoluti h, Allowing the rezone to Limited Commercial would provide for commercial uses while permitting residential use. i. 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 the petitioned REZONING of Lot 3A, Karen Saabd'avisiot Moore Addition is hereby recommended to the Kenai City Council. PASSED BY THE 1 "LANNINC AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JULY 28, 201.0, CHAIRPERSON'.-.: -42- Page 2 Public Hearing: 7/14/10 (Postponed) DAVIS RON MOORE RIO Subject Property 1 I 1 <Double-click to ente text> 1 i I I 801s ANDERSON r 1 DISOUE LY 7983 COLMAN ci r[on.11 AIfl HOIRWATH J 7 984 1 2 FtELOS MA -43- t LO MORSE RIAT 2031 7 352 7.951 FIELDS RA 7 e71 LINER7 JA RLASKR. sil I tORWAIIJ p MUELLER C MORSE U/&1 2041 ROSTER .1A ALASI(A Me ALASKA Me ALASKA ME KENAI ALASKA MEMO: TO: Terry Eubank, Acting City Manager 7/ FROM: Marilyn Kebschull, Planning Administration DATE: August 4, 2010 SUBJECT: Ordinance No. 2506 -2010 Rezone II Kilaye with a Past, Gc with aFuture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 -283 -3014 1 1111 7 Ordinance No. 2506 -2010 is an ordinance amending the official City of Kenai zoning map to rezone Lot 3A of Karen Subdivision from General Commercial to Limited Commercial. KMC 14.20.270 provides procedures and criteria for an amendment. An application to rezone the property was submitted by Tony Doyle who owns the property. The property is located off the Kenai Spur Highway at approximately Mile 8. According to the Kenai Peninsula Borough, this property is approximately 1.26 acres in size. There are two structures located on the property; a residence that has existed for over 50 years and an office /residence built in 2002. The General Commercial zone restricts residential use to strictly secondary and the structures are considered non conforming. The owner believes the rezone to Limited Commercial would provide opportunities for commercial use while permitting residential use. I reviewed the application and found it met the requirements of KMC 14.20.270, is consistent with the intent of the Limited Commercial zone, and conforms to the Comprehensive Plan. Details of the review are outlined in the body of the ordinance. The issue of whether or not the rezone could be considered spot zoning under the Griswold' decision was considered, That decision found that reclassifications under three acres are almost always found invalid. However, the decision also stated that the size of the area should riot be considered more significant than other factors in determining if spot zoning has occurred. Consideration should also be given to whether or not the rezone conforms to the Comprehensive Plan and the zoning ordinance. In my opinion, the rezone conforms to the zoning ordinance and the comprehensive plan and does not constitute spot zoning. The Planning Zoning Commission held a public hearing on the application on July 28`" and voted unanimously to recommend the rezone. As prescribed in KMC 14.20.270, that recommendation is being forwarded to City Council for their consideration. Griswold v. City of Homer The Supreme Court of the State of Alaska S -6532, 1996. -44- 1992 MEMO. TO: Terry Eubank, Acting City Manager FROM: Marilyn Kebschull, Planning Administration DATE: August 10, 2010 SUBJECT: Ordinance No. 2506 -2010 Rezone "Village with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 tl�lll -45- Ordinance No. 2506 -2010 is an ordinance amending the official City of Kenai zoning map to rezone Lot 3A of Karen Subdivision from General Commercial to Limited Commercial. KMC 14.20.270 provides procedures and criteria for an amendment. An application to rezone the property was submitted by Tony Doyle who owns the property. The property is located off the Kenai Spur Highway at approximately Mile 8. According to the Kenai Peninsula Borough, this property is approximately 1.26 acres in size. There are two structures located on the property; a residence that has existed for over 50 years and an office /residence built in 2002. The General Commercial zone restricts residential use to strictly secondary and the structures are considered non conforming. The owner believes the rezone to Limited Commercial would provide opportunities for commercial use while permitting residential use. ;99? I reviewed the application and found it met the requirements of KMC 14.20.270, is consistent with the intent of the Limited Commercial zone, and conforms to the Comprehensive Plan. Details of the review are outlined in the body of the ordinance. The issue of whether or not the rezone could be considered spot zoning under the Griswold' decision was considered. That decision found that reclassifications under three acres are almost always found invalid. However, the decision also stated that the size of the area should not be considered more significant than other factors in determining if spot zoning has occurred. Consideration should also be given to whether or not the rezone conforms to the Comprehensive Plan and the zoning ordinance. In my opinion, the rezone conforms to the zoning ordinance and the comprehensive plan and does not constitute spot zoning. The Planning Zoning Commission held a public hearing on the application on July 28'" and voted unanimously to recommend the rezone. As prescribed in KMC 14.20.270, that recommendation is being forwarded to City Council for their consideration. Griswold v. City of Homer The Supreme Court of the State of Alaska S -6532, 1996. <iy/ KENAI, Sponsored by: Planning 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 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, 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 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' iDELETED TEXT BRACKETED -46- 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 `nonconfoi ring" status. There are three (3) types of nonconforming status: (1) Nonconforming Lots. The lot, width, or acreage is smaller than the mini permitted in the zone in which it is located; (2) Nonconfoiuiing 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) 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] -47- Ordinance No. 2507 -2010 Page 3 of 6 to meet the requirements for area or width, or both, if the lot confo s 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) 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 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[31) Should such structure he 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 Lises 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 New Text Underlined; [DELETED TEXT BRACKETED] -48- 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 existing nonconfouuing 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, nonconfouuing 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( -49- 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 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 penult 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 nonconfoiniine in the event there is no certificate of occupancy. (ii) Uses which are nonconforming due to the number of residential units may no 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. 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 jurisdiction, such judgment shall be confined in its operation to the pat, 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 Underlined [DELETED TEXT BRACKETED] -50- 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(1), 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 New Text Underlined [DELETED TEXT BRACKETED] -51- PAT PORTER, MAYOR Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: September 18, 2010 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 TWELVE (12) MONTHS FROM THE DAMAGE OR DESTRUCTION OR REMOVE THE REMAINING STRUCTURE. WHEREAS, the Kenai Zoning Cocie 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, CITY OF KENAI PLANNING AND ZONING COMMi IISSSIION RESOLUTION NO, PZ Il 0 -25 WHEREAS, under the Kenai Zoning Code, nonconformities are allowed to continue until the nonconformity is removed or the nonconfonning 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 lime 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 negatively impact the surrounding neighborhood; and, New Text Underlined; [DELETED TEXT BRACKETED] -52- WHERAS, these destroyed or partially destroyed structures also create health and safety hazards to members of the community if allowed to persist; acrd, 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 riot 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: 12,248. 50 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) Nonconfor.iiing 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. (e) 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 to meet the requirements for area or width, or both, if the lot confoi ins to the New Text Underlined; (DELETED TEXT ERACICECED] -53- 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 Iawful 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 (5O of its replacement cost at time of destruction, i€ shall not be reconstructed except in conformity with the provisions of this chapter and the remaining structure must be removed within twelve (1.2) months of the date of destruction; (3) Should such structure he 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 damatae. 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: (4131) Should such structure he 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 elective 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] -54- 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 conforrning 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 tel nis of the ordinance as enacted or amended, such use may be continued, so tong 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 nonconfor ming 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) -55- 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 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 ofJunk. 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 pennit under the procedure specified in this chapter allowing said use to continue for a specified period of time if: (1) An eight foot (8') high sight obscuring fence of good appearance has been provided around said use. (2) The PIanning 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. (10 Uses which are nonconforming due to the number of residential units may n ot 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. 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 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] -56- 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 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 TWELVE (12) MONTHS FROM THE DAMAGE OR DESTRUCTION OR REMOVE THE REMAINING STRUCTURE. PASSED BY THE PLANNING AND ZONING COMMIISSE ALASKA., duEy 2 2010. CHAIRPERSON: t v i y't ATTE New Text Underlined' (DELETED TEXT BRACKETED] -57- 1 HE OETY OP KENAI, KENAI, ALASKA Y MEMO: TO: FROM: DATE: SUBJECT: "I/illaye with a Past, Gc with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 90T-283-7535 FAX: 907 283 -3014 llll�l Mayor Porter and City Councilors Krista S. Stearns, City Attorney} s July 29, 2010 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 reconunended 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 peuuit 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. -58- 1952 hec('of KENAI. ALASKA 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 $150,000.00 Increase Appropriations: Engineering 25,000.00 Construction 125,000.00 $150.000.00 New Text Underlined; [DELETED TEXT BRACKETED -59- 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 Underlined; [DELETED TEXT BRACKETED] -60- Introduced: August 4, 2010 Adopted: August 18, 2010 Effective: August 18, 2010 KENAt, A S Rick Koch, City Manager 71 From: Terry Eubank, Finance Director Date: July 29, 2010 Re: Ordinance No. 2508 -2010 "Village with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 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 FYI1 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 S1,000,000.00 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. -61- Bidder Total Basic Bid ATEC $59,730.00 KENAI WELDING $34,500.00 MIKE'S WELDING $51,620.00 ENGINEER'S ESTIMATE 1 539,692.27 CITY OF KENAI RESOLUTION NO. 2010 -48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO KENAI WELDING FOR THE PROJECT ENTITLED, "KENAI NORTH DUNES ELEVATED LIGHT- PENETRATING WALKWAY /RAMPS- SUPPLY RELATED APPURTENANCES- 2010" FOR THE TOTAL AMOUNT OF $34,500.00 WHEREAS, the following bids were received on August 11, 2010: and, Suggested by: Administration WHEREAS, the Kenai Welding 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 City Administration is to award the contract to Kenai Welding for the total bid cost of $34,500.00; and, WHEREAS, sufficient monies are appropriated. NOW THEREFORE_, B E IT RESOL BY THE CnIJNCLL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled, "Kenai North Dunes Elevated Light Penetrating Walkway /Ramps- Supply Related Appurtenances- 2010" be awarded to Kenai Welding for the total amount of $34,500.00. 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: -62- PAT PORTER, MAYOR Bidder Total Basic Bid ATEC $59,730.00 Kenai Welding $34,500.00 Mike's Welding $51,620.00 Engineer's Estimate $39,692.27 Terry, thc a'ya/ KENAI, "Vinage with a Past Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 FAX: (907) 283 -3014 1, MIN;MO s DUM 1992 TO: Terry Eubank, Acting City Manager FROM: Wayne Ogle, Public Works Director 24 DATE: August 12, 2010 SUBJECT: KENAI N. DUNES ELEVATED LIGHT PENETRATING WALKWAYS /RAMPS SUPPLY RELATED APPURTENANCES 2010; COUNCIL RESOLUTION TO AWARD CONTRACT The following sealed bids were opened at City Hall on August 11, 2010 at 2PM for the subject project: In this project, the contractor will supply and fabricate from the design documents the necessary materials to elevate the two existing walkway gratings on the North Dune. The City will take these fabricated materials and install the walkway grating to the design elevation at both locations at the North Dune. Nelson Engineering provided the design and specifications for this project. The bidders were provided an opportunity to view the existing grates at the City yard in preparation for the bid. The apparent low bid is from Kenai Welding. Following the bid opening, we contacted Kenai Welding about the results of the bid. Kenai Welding stood by their bid even though it was below the Engineer's Estimate. There are sufficient funds for this project. I recommend City Council approve the award of this contract to Kenai Welding. CITY OF KENAI he i ALASKA v RESOLUTION NO. 2010 -49 -64- Suggested by: Kenai City Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, HONORING AND REMEMBERING SENATOR TED STEVENS. WHEREAS, Theodore "Ted Stevens, who began serving in the United. States Senate nine years after Alaska was admitted to Statehood, represented the people of the State of Alaska with distinction in the Senate for over 40 years, from 1968 to 2009 and played a significant role in the transformation of the State of Alaska from an impoverished territory to a full fledged State through the assistance he provided in building energy facilities, hospitals and clinics, roads, docks, airports, water and sewer facilities, schools, and other community facilities in the State of Alaska, which earned him recognition as "Alaskan of the Century" from the Alaska Legislature in 2000; and, WHEREAS, Ted Stevens distinguished himself as a transport pilot during World War II in support of the "Flying Tigers" of the United States At uty Air Corps, 14th Air Force, earning two Distinguished Flying Crosses and other decorations for his skill and bravery; and, WHEREAS, Ted Stevens, after serving as a United States Attorney in the territory of Alaska, went to Washington, DC in 1956 to serve in the Eisenhower Administration in the Department of the Interior, where he was a leading force in securing the legislation that led to the admission of Alaska as the 49th State on January 3, 1959, and then as Solicitor of the Department of the Interior; and, WHEREAS, in 1961, Ted Stevens returned to the State of Alaska and in 1964, was elected to the Alaska House of Representatives, where he was subsequently elected as Speaker pro tempore and majority leader until his appointment on December 24, 1968, to the United States Senate to fill the vacancy caused by the death of Senator E. L. Bartlett; and, WHEREAS, Ted Stevens, the longest serving Republican Senator in the history of the Senate, served as President pro tempore of the Senate from 2003 through 2007 and as President pro tempore emeritus from 2008 to 2009, and over the course of his career in the Senate, Senator Stevens served as assistant Republican leader, Chaiuuan of the select Committee on Ethics, Chairman of the Committee on Rules and Administration, Chairman of the Committee on Governmental Affairs, Chairman of the Committee on Appropriations, and Chairman of the Committee on Commerce, Science, and Transportation; and, WHEREAS, working tirelessly for the citizens of the United States, Ted. Stevens helped to establish the spectrum auction policy; negotiated the Telecommunications Act of 1996; authored the Digital Television Transition and Public Safety Act of 2005; and passionately advocated for the connection of rural America to the rest of the world and to improve the lives of the people of the United States through the use of telemedicine and distance learning; and, WHEREAS, as a conservationist, Ted Stevens championed the safe development of the natural resources of the United States through his authorship of the Trans Alaska Pipeline Authorization. Act; the Magnuson- Stevens Fishery Conservation and. Management Act; the Magnuson- Stevens Fishery Conservation and Management Reauthorization Act of 2006; and the High Seas Dri.ftnet Fisheries Enforcement Act; and, WHEREAS, committed to health and fitness, Senator Stevens authored the Ted Stevens Amateur and Olympic Sports Act; encouraged provision of equality to female athletes through Resolution No. 2010 -49 Page 2 of 2 the enactment of Title IX of the Education Amendments of 1.972; and improved physical education programs in schools through the Carol M. White Physical Education Program; and, WHEREAS, Senator Stevens unconditionally supported the needs of the Armed Forces of the United States through visits to United States service men and women in every major military conflict and war zone where United States military personnel were assigned, including Vietnam, Kuwait, Bosnia, Kosovo, Iraq and Afghanistan, and through his role as Chairman and Ranking Member of the Subcommittee on Defense Appropriations for more than 20 years; and, WHEREAS, always doing what was "best for Alaska," Senator Stevens worked tirelessly for the enactment of the Alaska Native Claims Settlement Act and defended, advocated, supported and countless times, provided funding for important local projects to the communities of Alaska which offered sustainable jobs, continued health and safety, and training. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, for the years of dedication, the strength of will, and constant vigilance for the betterment of the United States, Alaska, and the City of Kenai, we thank, salute, and will be forever grateful to our "Uncle Ted." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 201.0. PAT PORTER, MAYOR Mike Boyle, Council Member Barry Eldridge, Council Member Joe Moore, Council Member Ryan Marquis, Council Member ATTEST: Carol L. Freas, City Clerk -65- SMALLEY, VICE MAYOR Robert Molloy, Council Member ITEM A: CALL TO ORDER "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: per speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (Pu blic comment limited to 3 minutes per speaker) ITEM D: AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 4, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www. ci. kenai. ak.0 s 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 combin.ed on their own and on others' behalf) SCHEDULED PUBLIC COMMENTS (Public comme -66- mt d to 10 minutes PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time ouer to another speaker present, however no single speaker present may speak for more Than 30 minutes combined on their own and on others' behalf.) 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 Malting 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).) 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 E: MINUTES 1. *Regular Meeting of July 21, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $1.5,000 *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. -67- 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. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. 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 w 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. -68- ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 Council Meeting.) ITEM M: ADJOURNMENT -69- Robert Molloy Mike Boyle Pat Porter, Mayor Joe Moore Barry Eldridge I Ryan Marquis j ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: A -3. MOTION: A -4. MOTION: KENAI CITY COUNCIL REGULAR MEETING AUGUST 4, 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 Absent: Hal Smalley, Vice Mayor A quorum was present. Also present: Student Representative Hannah Coffman AGENDA APPROVAL CONSENT AGENDA MINUTES Council Member Eldridge MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. -70- KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 2 VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (public comment limited to 10 minutes per speaker) None. ITEM C: None. ITEM D: D -1. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) PUBLIC HEARINGS (Testimony Bruited to 3 minutes per speaker. Persons may give their time over to another speakerpresent, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 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).) Council Member Boyle reported his intention was to amend Ordinance No. 2493-2010 with the map from the substitute ordinance in order to correct the depiction of Spruce Street and then would request the ordinance be postponed in order to better define "close proximity." Because there were substantial changes offered in the substitute, the postponement would allow for a second public hearing. The floor was opened for public hearing. Jim Butler, 1711 Kaknu, Kenai Stated his opposition to the ordinance, noting he believed it was unenforceable; felt it was a traffic management issue instead of speed problem; believed it more of problem with new people in the area; appreciated the safety aspect of the proposed ordinance; and, he believed bottles, garbage, and unmonitored children were more of a safety issue than speed. Council comments included: If the ordinance was to be postponed, a plan for enforcing it should be addressed as well as extending the speed limit past Rocky Point and include the south beach. -71- Molloy Yes Absent Boyle Yes Moore 1 No Porter Eldridge Yes No Smalley Marquis Yes Eldridge No Marquis Yes i Molloy Yes Boyle Yes Porter No Smalley Absent Moore No Eldridge No Marquis Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 3 Suggestion of creating a commercial corridor that would be off limits to dip net fishers. Suggestion vehicles on the beach be allowed by permit only. Support expressed by several to include south beach in the ordinance. Would like to move forward with the ordinance, but still work on a beach plan. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Council. Member Boyle MOVED to amend Ordinance No. 2493 -2010 to move the "Motor Vehicles Allowed" line as shown on Page 9 of the packet (current practice) and reflect that on Page 3 (Attachment of Ordinance No. 2493 2010), Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED. MOTION TO POSTPONE: Council Member Boyle MOVED to postpone action on Ordinance No. 2493 -2010 (as amended) to the first meeting in September. Council Member Molloy SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes MOTION FAILED. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2493 -2010 to the first meeting in October and have a work session prior to the first meeting in October, -72- Molloy No Absent Boyle Moore Yes 'I.. Porter No 1 Eldridge No No Smalley Marquis No No Eldridge No Marquis Molloy Yes Boyle Yes 1 Porter No Smalley Absent Moore No Eldridge No Marquis Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 4 2010. Council Member Boyle SECONDED the motion. Council comments included: The topic of the work session would be the speed limits of the north and south beaches as well as better defining "close proximity." Supported a work session on development of a beach plan, including the dip net fishery. Preference stated to vote down the ordinance on the floor and develop a total beach plan. Concern that if the ordinance were to be postponed to October, the ordinance would be removed from the table according to the Code. Concern the current changes were substantial and should have a public notice and another public hearing. Intent of the motion was to hold a work session, which would include development of a beach plan and that it would happen prior to the first meeting in October in order for the amended ordinance to have an additional public hearing. VOTE ON POSTPONEMENT: "Student Representative Coffman: Yes MOTION FAILED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman: No MOTION FAILED. Though interest was expressed to hold a work session related to the development of a beach plan, no date was scheduled. D- la. No action taken, 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. -73- Molloy Yes Boyle Yes Porter Yes Smalley Absent Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 5 D -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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2498 -2010 and Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2499 -2010 and Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed, Council /Administration comments included: The ordinance would need to be postponed in order for the Planning Zoning Commission to hold a public hearing and make its recommendations. "Unsightly" was open to interpretation; how long before a property would be considered a nuisance after a fire; and, what would be the fine for a nuisance. The objective standard criteria and timeline were addressed in subparagraph "q" of the ordinance and would usually be complaint driven. Another ordinance would be addressing nonconforming issues. The ordinances were brought forward from comments made at the town hall meeting. MOTION TO POSTPONE: -74- Molloy Yes Boyle Yes Porter Yes Smaller Absent Moore Yes Eldridge Yes Marquis Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 6 Council Member Molloy MOVED to postpone Ordinance No. 2499 -2010 and send it to the Planning Zoning Commission for a public hearing on August 11, 2010 and return it to Council for its August 18, 2010 meeting for consideration. Council Member Marquis SECONDED the motion. VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Eldridge MOVED to adopt Resolution No. 2010 -46 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion, The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council /Administration comments included: By naming this project as the City's number one priority, would that affect other grants or application for grants that might require being named a number one priority. Answer provided was that it would not. VOTE: There were no objections. SO ORDERED. D -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. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2010 -47 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. -75- KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 7 The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Question related to "contingency /force account." It was explained, water damage was below the six foot line on the walls, however it could go higher but that would not be known until the work began. That was the reason for including the force account in the bid documents, however due to a lack of funding, the award did not include the force account portion of the bid. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E-1. *Regular Meeting of July 21, 2010 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Eldridge MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED to approve the purchase orders exceeding $1,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 7:53 P.M. BACK TO ORDER 7:58 P.M. -76- KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 8 G -3. *Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by S 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. Introduced by approval of consent agenda. G -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. Introduced by approval of consent agenda. G -5. *Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant. Introduced by approval of consent agenda. 0-6. *Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by ].,000.00 in the General Fund for Library Travel and Transportation. Introduced by approval of consent agenda. G -7. *Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund. Introduced by approval of consent agenda. G -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. Introduced by approval of consent agenda. G -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). Introduced by approval of consent agenda. G -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 -77- KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 9 Obtain a Building Permit Within Twelve (12) Months From the Date of the Damage or Destruction or Remove the Remaining Structure. Introduced by approval of consent agenda. G 11. *Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by 5150,000.00 in the Municipal Park Improvements Capital Project Fund. Introduced by approval of consent agenda. ITEM 11: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the August meeting had been cancelled. H -2. Airport Commission Council Member Moore reported the next meeting would be held Thursday, August 12, 2010. 11-3. Harbor Commission Council Member Boyle reported a work session would be held at the dock on Monday, August 9, 2010 at 1:00 p.m. The topic of the work session would be to tour the dock. The regular Commission meeting would be held at 7:00 p.m. on August 9, 2010. 11-4. Library Commission Council Member Marquis reported on discussions held at the August 3, 2010 Library Commission meeting. 11-5. Parks Recreation Commission Council Member Boyle reported the next meeting of the Commission was scheduled for Thursday, August 5, 2010. 11-6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the July 28, 2010 Planning Zoning Commission meeting which were included in the packet. 11-7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. H -7c. H -7d. H -7e. Alaska Municipal League Report No report. Mini -Grant Steering Committee No report. Kenai Convention Visitors Bureau No report. Reports of KPB Assembly, Legislators and Councils No report. -78- KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 10 ITEM I: Porter noted there were some funds left from those set aside for the City's 50th Anniversary celebration. Because the Senior Center would be hosting the "Old Timers'" luncheon on August 19 and the lunch theme was to be based on the 50th anniversary of the City, she requested S750 of the funds be used for decorations, etc. Council stated no objections to the request ITEM J: 3 -I. items: submitted. REPORT OF THE MAYOR. Mayor Porter noted the following: Wished the Peninsula Oilers luck with the playoffs. Welcomed the Alaska Rays suntan facility as a new business in the city, Attended the open house for the new location of the Cook Inlet RCAC. Held a Mayor's Coffee. Administered the Oath of Office to a new police officer. ADMINISTRATION REPORTS City Manager Acting City Manager Eubank reported the following The Municipal Matching Grant application was completed and The dip net fishery had closed and departments were putting together costs, etc. for inclusion in the annual report. Reminded all of the hearing scheduled for Thursday related to the proposed Cook Inlet Natural Gas Storage Facility The City's surplus auction items were available for public viewing and the deadline for submittal of bids was scheduled for August 24. He would be meeting with a representative from Congressman Young's office related to the bluff erosion project and possible congressional funding. The fiber -optic link had been completed between the Library, City Hall, and the Public Safety Building which would provide better access to the Internet, as well as data back -up options, etc. J -2. Attorney Attorney Stearns noted the following items: She was searching for a new administrative assistant and the job vacancy advertisement would close on August 11. Until a new hire was made, the position would be filled temporarily by Sheryl Oldham. She would be attending the American Bar Association Conference in San Francisco, but would be available by phone or email. With regard to the damage to Vintage Pointe, the insurance company representing the contractor confirmed an agreed compensation to the City in the amount of $175,000 which would fully compensate the City for the damage Stearns was requested to investigate whether the ABA had any seminars related to redevelopment of buildings which would be helpful for the Council. -79- KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 11 J -3. City Clerk City Clerk Freas noted the following items: Referred to her memorandum included in the packet reporting she had received a non objection letter from the Department of Justice with regard to her request for pre- clearance for the amendments made by Council to the elections Code. The ordinance effective date would be added as July 19, the date the pre clearance non objection letter was written. Candidacy petition packets were available in her office through August 16, 2010. She had not yet proceeded with changes to council meeting coverage by her office. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Boyle No comments. Citizen Comments (public comment limited to 5 minutes per speaker) 2. No comments. K -2. Council Member Comments Moore Reported the commercial fishing season had ended and it had been a good year. Eldridge He was glad the dip net fishers had left town and patronizing city businesses. Coffman Reported the first Kenai Central High School football game was scheduled for Saturday, July 31, 2010 and the new school year would begin August 23. Marquis Would be on vacation during the next week. Molloy Would be purchasing an iPa.d and wanted to use it during Council and Planning Zoning Commission meetings; he would be using it as a keyboard; would not be using the Internet during meetings; and the equipment would have a long lasting battery back -up. EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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 -80- KENAI CITY COUNCIL MEETING AUGUST 4, 2010 PAGE 12 Council and Making Technical Corrections. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 Council Meeting.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 8:20 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. -81- Z 0 U 0 o U1 N Z c e U u, 2 o o CJ 0 Q 0 o u_ m afe- Z w p O u w j ID 2 J W U 2 Z a U 0 E 0 Z 0 m 0 w 0 0) Z 2 Q LU w 0 z O U 0 0 0 0 -83- Eh,^ my of KENA ALASKA CITY OF KENAI ORDINANCE NO. 2509-2010 Sponsored by: Planning Zoning AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING SOUTHEAST SOUTHEAST 1/4 SECTION 4, TOWNSHIP 5 NORTH, RANGE 11 WEST SEWARD MERIDIAN (SE 1/4 SE 1/4 Sec. 4, T5N, R11W S.M.) FROM RURAL RESIDENTIAL (RR) TO HEAVY INDUSTRIAL (IH). WHEREAS, the property is currently zoned Rural Residential (RR); and, WHEREAS, the 2003 Comprehensive Plan Land Use classifies the land as Conservation /Open Space; and, WHEREAS, Conservation /Open Space is defined as public lands in the Corprehensive Plan; and, WHEREAS, this property is privately owned and no longer meets the definition of Conservation /Open Space as defined in the Comprehensive Plan; and, 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 request is to rezone the property to Heavy Industrial (IH); and, WHEREAS, rezoning the property to Heavy Industrial (IH) will expand an adjacent boundary; and, WHEREAS, the property owner would like to develop this property in a manner consistent with the Heavy Industrial Zone which is consistent with adjacent developments; and, WHEREAS, rezoning the property to Heavy Industrial (IH) is consistent with the Comprehensive Plan. WHEREAS, on August 11, 2010, the Kenai Planning and Zoning Commission voted unanimously to rezone the parcel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the official Kenai Zoning Map is amended by rezoning the Southeast 1/4 Southeast 1 /4 Section 4, Township 5 North, Range 11 West Seward Meridian (SE 1 /4 SE 1/4 Sec. 4, TSN, R11W S.M.) from Rural Residential (RR) to Heavy Industrial (IH) as shown on Attachment A. -84- Ordinance No. 2509 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September, 2010. ATTEST: Carol L. Freas, City Clerk -85- PAT PORTER, MAYOR Introduced: August 18, 2010 Adopted: September 1, 2010 Effective: October 1, 2010 Ordinance No. 2509 -2010 Proposed Rezone Rural Residential to He ,r„ Industrial Existing Zoning Conservation General Commercial Rural Residential Suburban Residential 2 Limited Commercial 0 Light Industrial Rural Residential 1 Urban Residential Central Mixed Use a Heavy Industrial Suburban Residential Historic Townsite Central Commercial S Recreation Suburban Residential 1 Education MEMO: TO: Terry Eubank, Acting City Manager FROM: Marilyn Kebschull, Planning Administration DATE: August 12, 2010 SUBJECT: Ordinance No. 2509 -2010 Rezone Tillage with a Past, a with aFtrsre -87- 210 FideIgo Avenue, Kenai, Alaska 99611-7794 1111' Telephone: 907- 283 -7535 FAX: 907 283 -3014 997 Ordinance No. 2509 -2010 is an ordinance amending the official City of Kenai zoning map to rezone the parcel legally described as Southeast' Southeast' Section 4, Township 5 North, Range 11 West Seward Meridian (SE SE Sec. 4, T5N, R11 W S.M.) from Rural Residential to Heavy Industrial. KMC 14.20.270 provides procedures and criteria for an amendment. An application to rezone the property was submitted by Cook Inlet Natural Gas Storage, LLC (Enstar) who recently purchased the property from the University of Alaska. The property is located off Beaver Loop Road near the intersection of Bridge Access Road. According to the Kenai Peninsula Borough, this property is 40 acres in size. The property is vacant. This is the location of the proposed natural gas storage facility. The Rural Residential zone does not allow gas manufacturing or storage. Rezoning the property to Heavy industrial would provide for the use through the conditional use process. I reviewed the application and found it met the requirements of KMC 14.20.270. The Comprehensive Plan classifies the property as conservation /open space. Conservation lands designate public lands which are set aside for open space. With the sale of this property from the University to Enstar, the designation is no longer accurate. The rezone would update the Comprehensive Plan to bring the property into conformance with the plan. The rezone to Heavy Industrial will expand an adjacent boundary and is consistent with development in the area. Details of the review are outlined in the body of the ordinance. The Planning Zoning Commission held a public hearing on the application on August 11th and voted unanimously to recommend the rezone. As prescribed in KMC 14.20.270, that recommendation is being forwarded to City Council for their consideration. Attachment A Ordinance No. 2509 -2010 Proposed Rezone Rural Residential to Heavy Industrial Conservation Limited Commercial Central Mixed Use Central Commercial General Commercial Light Industrial Heavy Industrial Recreation Existing Zoning Rural Residential Rural Residential 1 Suburban Residential Suburban Residential 1 Suburban Residential 2 Urban Residential Historic Townsite Education CITY OF KIENAI PLANNING AND ZONING COMMISSION RESOLUTION NO, PZ10 -26 REZONE PERMIT 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: Cook Inlet Natural Gas Storage, LLC ADDRESS: 3000 Snenard Road`Anchoraee, AK 99503 LEGAL: SE 1 SE `/a Sec. 4, T5N, RI 1 W S.M. (1377 Bridge Access Road) PARCEL 04901311 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rural Residential 2. The present land use plan designation is Conservation. Open Space 3. The proposed zoning district is Heavy Industrial c with a Past City with a Fscturre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 Fax: 907- 283 -3014 www.ci,kenai.ak.us 4. An appropriate public hearing as required was conducted August 11, 2010 5. That the following additional facts have been found to exist: See Page 2. 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 the petitioned REZONING of the SE '4 SE 1 Sec. 4 TSN, R11W S.M. 0377 Access Road) Kenai Peninsula Borough Parcel #04901311 is hereby recommended to the Kenai City Council. PASSEiP BY THE PLANNING AND ZONING COMMIISSION 01 THE CITY OF ACB:NAB ALASKA, AU GUST lI, 20100 -88- PZIO -26 Resolution Additional Facts: 1. The property is currently zoned Rural Residential. 2. The property is classified in the Comprehensive Plan as Conservation /Open Space. 3. Conservation /Open Space is defined as public lands in the Comprehensive Plan. 4. The property is privately owned and no longer meets the definition for Conservation /Open Space as defined in the Comprehensive Plan, 5. An application to rezone the property to Heavy Industrial has been received. 6. The application meets the requirements for an amendment as defined under KMC 14.20. 270. 7. Rezoning the property to Heavy Industrial will expand an adjacent boundary. 8. Rezoning to Heavy Industrial conforms to the Comprehensive Plan. -89- Page 2 hcay KENAI. ALASKA S CITY OF KENAI ORDINANCE NO. 2510 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR PHASE 1 OF THE FLOAT PLANE BASIN DEVELOPMENT. WHEREAS, City of Kenai Ordinance 2431 -2009 appropriated $60,000 from the Airport Special Revenue Fund for completion of a supplemental environmental assessment at the Kenai Airport's Float Plane Basin; and, WHEREAS, the City has received a grant offer from, the Federal Aviation Administration to fund the Supplemental Environmental Assessment and complete design on Phase 1 of the Basin's Development; and, WHEREAS, grant funds have been awarded totaling $204,867 comprised of 95% FAA $199,614, 2.5% State of Alaska $5,253 and requiring a 2.5% local share of $5,253; and, WHEREAS, funds appropriated by Ordinance 2431 -2009 are allowable as project match with the excess $54,747 ($60,000 original appropriation less $5,253 required matching funds) available to be returned to the Airport Special Revenue Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Improvements Capital Project Fund Increase Estimated Revenues: Federal Grant $199,614 State Grant 5,253 $204,867 Increase Estimated Appropriations: Transfer to Airport Special Revenue Fund 54,747 Administration 4,120 Engineering 146,000 $204.867 New Text Underlined [DELETED TEXT BRACKETED] -90- Ordinance No. 2510 -2010 Page2of2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September, 2010. Al ZEST: Carol L. Freas, City Clerk pp,, Approved by Finance: PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED] -91- Introduced: August 18, 2010 Adopted: September 1, 2010 Effective: September 1, 2010 Memo Cc: Terry Eubank Finance Director "Sewuu the/GreaterKen u: i er u xt 4u,ia." 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TELEPHONE 907,2837951 FAX 907 -283 -3737 www.ci.kenai.ak.us -92- To: Rick R. Koch City Manager From: Mary Bondurant Airport Manag Date: August 11, 2010 Subject: FAA Grant Offer "Float Plane Basin Phase 1" In August of 2009, the City appropriated $60,000 to conduct a Supplemental Environmental Assessment to address the projects associated with the float plane basin development. The assessment is concluded and the FAA has been given approval to issue a grant. A federal grant application for $210,120 was submitted to the FAA on July 28. 2010 and the City has received the FAA's grant offer for $199,614 (95 The Airport and State of Alaska are each responsible for 2.5% of this project or $5,253. The grant reimburses the Airport's cost for the Supplemental Environmental Assessment and starts the design process,_ h NENAALA SKA CITY OF KENAI ORDINANCE NO. 2511 -2010 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CONGREGATE HOUSING IMPROVEMENTS CAPITAL PROJECT FUND FOR REPLACEMENT OF THE FACILITY'S SIDING. WHEREAS, during the preparation process for the FY 11 City Budget, a $250,000 siding replacement project was identified for the City's Vintage Pointe Congregate Housing Facility; and, WHEREAS, proposed funding for the project was from a $154,208 transfer from the Congregate Housing Enterprise Fund and the estimated $95,792 in residual funds from completion of the Center's Dry Sprinkler Replacement and Window Replacement projects; and, WHEREAS, actual residual balance from the completed projects was $104,969.92; and, WHEREAS, total funds available for the project including the residual project balances and the FY11 transfer is $259,177.92. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Improvements Capital Project Fund Increase Estimated Revenues; Appropriation of Fund Balance $104,969.92 Transfer from Congregate Housing Enterprise Fund 154,208.00 $259,177.92 Increase Estimated Appropriations: Engineering 52,450.00 Administration 2,000.00 Charges to (from) Other Departments 10,000.00 Construction 194,727.92 $259 177.92 New Text Underlined [DELETED TEXT BRACKETED[ -93- Ordinance No, 2511 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -94- PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED Introduced: August 18, 2010 Adopted: September 1, 2010 Effective: September 1, 2010 "Village with a Past, Gity with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 tlrecityaff% Telephone: 907- 283 -7535 ext 221 FAX: 907 283 -3014 KENAI, A S To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: August 12, 2010 Re: Ordinance 2511 -2010 Ordinance 2511 -2010 appropriates funds for design and installation of new siding at the City's Vintage Pointe Congregate Housing Facility. The project discussed during the FY11 budget process included design and installation of a vinyl siding product. The natural wood siding, while being aesthetically pleasing, requires significant maintenance over its life. Vinyl siding will provide a nearly maintenance free solution for the center, significantly reducing future maintenance costs. Funding for the project is proposed from three different sources. The first two sources are excess funds remaining after completion of the Dry Sprinkler Pipe Replacement Project, $76,171.46, and the Window Replacement Project, $28,798.46. Both projects were completed during FY10. The remaining source of funds is a $154,208 transfer from the Congregate Housing Ent Fund budgeted in FY11. Total funds available for and being appropriated by Ordinance 2511 -2010 to the project are $259,177.92. -95- KENAI CITY COUNCIL MEETING MAY 19, 2010 PAGE 16 Mayor Porter explained that based upon Molloy's statements that he and his law firm represented the Kenai River Professional Guides Association and the Appellant, David Goggia, was the President of the Association with whom Molloy's business regularly consults in that capacity, she determined Council Member Molloy should not sit as a member of the Board of Adjustment on the appeal of PZ10 -07 to the Board of Adjustment. The Board of Adjustment hearing was scheduled for June 15, 2010 in the Council Chambers, beginning at 6:00 p.m. G -9. Discussion Town Hall Meeting as Collaborative Leadership Training. Koch reviewed the infotuiation included in the packet related to the attendance and programs of both the leadership training and the Town Hall meeting. A brief discussion took place related to appreciation of the programs, positive impressions, excellent participation and preparation by all the employees, suggestion to hold on a regular yearly basis, and suggestion a work session be held to review the information. Council was asked to bring suggestions of dates for holding a work session on the issue to the next council meeting. Prior to the work session, it was noted Administration would forward a document to all those who participated indicating what projects were being processed and /or steps already taken with regard to the suggested items gathered at the Town Hall Meeting. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed discussions held at the May 13, 2010 meeting. H -2. Airport Commission Council Member Moore reported the May 13, 2010 meeting had been cancelled. H -3. Harbor Commission Council Member Smalley viewed the May 10, 2010 meeting summary which was included in the packet. Library Commission Council Member Marquis reviewed the May 4, 2010 meeting summary which was included in the packet and noted, the next meeti was scheduled for June 1, 2010. H -5. Parks Recreation Commission Council Member Boyle reported a work session would be held on May 27, 2010 to gather comments and ideas for the park on Marathon Road. H -6. Planning Zoning Commission Council Member Molloy reviewed the May 12, 2010 meeting minutes which were included in the packet. -96- g Boyle No Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING JUNE 2, 2010 PAGE 16 *Student Representative Coffman. Absent MOTION PASSED. G -8. Action Item Appointment to Kenai Peninsula Borough Planning Commission. MOTION: Council Member Smalley MOVED to recommend Philip W. Bryson be appointed to the Kenai Peninsula Borough Planning Commission and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. G -9. Action Item Schedule Work Session /Town Hall Meeting Collaborative Leadership Training Review. Council requested the item be placed on the August 18, 2010 Council meeting agenda. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle noted the May 13, 2010 meeting summary was included in the packet and noted the next meeting was scheduled for June 10, 2010. H -2. Airport Commission Council Member Moore reported the May 13, 2010 meeting had been cancelled and reminded all of the Air Fair event on June 5. H -3. Harbor Commission Council Member Smalley reported the next meeting was scheduled to be held on June 7, 2010. H -4. Library Commission Council Member Marquis reported the June 1 meeting had been cancelled due to a lack of quorum and the next meeting was scheduled for August 3, 2010. -97- Sumi lay 11± Tpesday 3 Library Commission Meeting, 7p, Council Chambers Wednesday 4 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS Thursday 5 Fdday 6 Sataxlay 7 8 9 Harbor Commission Meeting, 7p, Council Chambers flyrm 10 A4 hc✓✓r4ce 11 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 44 12 Airport Commission Meeting, 7p, Council Chambers Council on Aging, 7p, Senior Center 13 14 15 16 17 18 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 19 Cemetery Committee NO MEETING SCHEDULED, 20 21 2 2 23 194 than)? �!`!¢k� 6 1 p e1r. O 24 �T P�..` F e t L ��f r 25 PLANNING& ZONING COMMISSIO N MEETING, COUNCIL CHAMBERS 26 27 28 29 30 31 Jul 2010 S M T W T F S Sep 2010 S M T W T E S t 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 3 5 6 7 8 9 10 it 12 13 14 15 16 17 18 7.9 20 21 22 23 24 23 26 27 28 29 30 August 2010 COUNCIL /COMMISSION MEETING CALENDAR -98- Sunday M nday Tuesday Wednesday Thursday 1 CITY COUNCIL MEETING, 7P, S M .Atm 2010 'I' W T F S Oct 2010 S M T W T P 2 3 A 5 6 7 COUNCIL 8 9 10 11 12 1 14 3 4 5 6 7 8 9 CHAMBERS 15 16 17 18 19 20 21 10 11 12 13 14 15 16 22 23 2425 26 2728 17 18 19 20 21 22 23 29 30 31 24 25 26 27 28 29 30 31 t o 6 7 8 9 10 11 HOLIDAY /CITY Library PLANNING Airport OFFICES Commission ZONING Commission CLOSED Meeting, 7p, Council Chambers COMMISSION MEETING. 7P, COUNCIL Meeting, 7p, Council Chambers CHAMBERS Council en Aging Meeting, 7p, Senior Center ✓.r r. 12 13 14 15 16 17 18 Harbor Beautification CITY COUNCIL Advisory Commission Committee MEETING. 7P, Cemetery Meeting, 7p, Meeting, 7p, COUNCIL Committee Council Council CHAMBERS NO MEETING Chambers Chambers SCHEDULED. 19 20 21 22 23 24 25 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS fy7 fen e- .6.17% g ni 26 27 28 29 30 %wx Kee September 201 COUNCIL /COMMISSION MEETING CALENDAR -99- Sunday Monday T esd Wednesday Thursday Fn Saturday 2 Sep 201D S M T W T F S 2010 S M T W T P S 1 2 1 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 2021 2222 2425 26 27 28 29 10 2 1 4 5 6 7 8 9 10 I I 12 13 14 1 IG 17 IN 19 20 21 22 2324252627 28 29 30 3 4 5 Library Commission Meeting, 7p, Council Chambers 6 6 CITY COUNCIL MEETING, 7P, COUNCIL CHAMBERS Parks Recreation Commission Meeting, 7p, Council Chambers 8 9 X10 11 Harbor Commission Meeting, 7p, Council Chambers 1 2 1 3 PLANNING& ZONING COMMISSION MEETING, 71 COUNCIL CHAMBERS 14 Nrp on Commission Meeting, A councn cnnmeers Council on Aging meeting, 4 99 0 Senior center 15 16 17 18 q ,[�e 19 Pirrygra 20 CRY COUNCIL MEETING, 7P, COUNCIL CHAMBERS 21 Advisory Cemetery Committee NO MEETING s SCHEDULED 22 L23 24 25 ri, t4-) 27 PLANNING ZONING COMMISSION MEETING, 7P, COUNCIL CHAMBERS 28 29 30 �31 October 2010 COUNCIL /COMMISSION MEETING CALENDAR -100- dasr Tuesday 2 Wednesti y 3 Thursday &stuMay 6 ELECTION CITY COUNCIL DAY MEETING, 7P, COUNCIL Library CHAMBERS Commission Meeting, 7p, Council Chambers 1 7 8 9 10 11 12 1 Harbor PLANNING HOLIDAYICETY Commission ZONING OFFICES Meeting, 7p, COMMISSION CLOSED Council MEETING, 7P, Chambers COUNCIL CHAMBERS 14 15 16 17 18 19 20 CITY COUNCIL MEETING, 7P, u. ow COUNCIL CHAMBERS Cane, °`m`ot'et $:vwm. t con 4 9 4, 0 ,nemm0. ben c.t 21 22 23 24 25 26 27 PLANNING HOLIDAY /CRY HOLIDAY /CITY ZONING OFFICES OFFICES COMMISSION CLOSED CLOSED MEETING, 7P, COUNCIL CHAMBER& 28 29 30 k 2010 De42010 S M T Y T F S 'S M T .W :T F, S 2 9 5 6 7 8 9 10 11 `.10 1 7 1 2 9 3 14 1 3 1 6 12 1 3 1 4 1 5 l6 17 18 ,7 18 19:20 21'22 231 19 20 '21 22 23 24 25: 24 2526'.27 28 29 30:. 26 27 28 29 30 31 November .0 COUNCIL /COMMISSION MEETING CALENDAR -101- Sunday Monday Tuesday Wednesday ay Saturday 1 L 4 Nov 20 !m: 2011 S M T W T F S S M T W T F S CITY COUNCIL MEETING, 7P. 12 3 4 5 o t COUNCIL 7 R 9 If, it 12 13 2 a 4 5 6 7 y CHAMBERS 14 15 16 17 18 19 20 9 50 II 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 24 30 23 24 25 26 27 28 29 3 0 31 6 7 8 9 10 11 Harbor PLANNING Airport Commission ZONING Commission M eeting, 7p, COMMISSION M C Coen th Chambers Chammbb ers Council C MEETING, 7P, COUNCIL C AMSER CHAMBERS Council on Aging Meeting, 4:EOp, Senior Center 12 13 14 15 16 17 18 PLANNING Cemetery ZONING Committee- COMMISSION, 7P, COUNCIL NO MEETING SCHEDULED. CHAMBERS j 19 20 21 22 23 24 25 PLANNING HOLIDAY /CITY ZONING OFFICES COMMISSION CLOSED MEETING, 7P, COUNCIL CHAMBERS 26 27 28 29 30 31 Decembe2010 r COUNCIL /COMMISSION MEETING CALENDAR —102— KENAI AIRPORT COMMISSION AUGUST 12, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY July 8, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Airport Improvement Program Update ITEM 6: NEW BUSINESS a. Discussion Float Plane Basin /Fuel Dock Design ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. September 9, 2010 ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS ITEM 12: ADJOURNMENT -103- PENDING APPROVAL a. Kenai City Council Meeting Action Agendas for July 21 and August 4, 2010. b. Senator Begich Letter Dated July 21, 2010 c. Lease Lot Inspection Letter d. Enplanement June and July 2010 e. Airport Manager's Report July 2010 f. Float Plane Basin Activity 2006 2010 g. Ordinance No. 2500 -2010 h. Ordinance No. 2501 -2010 ITEM 1: Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioner absent: Council Liaison /Staff: ITEM 2: AGENDA .APPROVAL MOTION: Commissioner Mayer MOVED to approve the agenda as presented and. Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED, ITEM 3: MOTION: Commissioner Bielefeld MOVED for approval of the July 8, 2010 meeting summary and Commissioner Feeken SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: PERSONS SCHEDULED TO BE HEARD None. OLD BUSINESS Discussion Airport Improvement Program Update Airport Manager Bondurant updated the Commission on grant applications submitted; noted two grants were received from the FAA; October 14, 2010 was scheduled as the kickoff date for the Master Plan Update, which would take approximately 18 months to complete; the design for the Float Plane Basin project would be completed during the winter; and, it was hoped the construction grant for the Float Plane Basin Project would be received next year. ITEM 6: NEW BUSINESS 6 -a. Discussion Float Plane Basin /Fuel Dock Design A general discussion took place related to the configuration of the fueling dock. The Commission recommended the docks be aligned in a "U" shape instead of a "T" configuration. ITEM 7: REPORT KENAI AIRPORT COMMISSION AUGUST 12, 2010 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY CALL TO ORDER AND ROLL CALL J. Zirul (arrived at 7:05), J. Bielefeld, H. Mayer, G. Feeken R. Rogers Airport Manager M. Bondurant, Council APPROVAL OF MEETING SUMMARY July 8, 2010 7 -a. Commission Chair No report. 7 -b. Airport Manager Bondurant reported the following items: -104- Knackstedt, L. Porter, E. Member J. Moore FAA and ARRA conducted inspections of the airport. The Bird Hazing Program would close on August 17, 2010. The fuel pump upgrade cost was $20,000 and she was waiting for an installation quote. Notified the Commission of a new Business Activity and Airport Access Agreement with fees. The crew Is working to harvest grass from the Float Plane Basin. 7 -c. City Council Liaison Council Member Moore reviewed the action agendas of the July 21 and August 4, 2010 council meetings which were included in the packet. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. September 9, 2010 There were no expected absences noted. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Mayer Noted Arctic Barnabas would be holding an open house on Saturday, August 14, 2010 at 1:00 p.m. Porter Reported he received a complaint about the grass strips coming into the airport and suggested removing the strips and paving with asphalt or paver blocks. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None. ITEM 11: INFORMATION ITEMS 11 -a. Kenai City Council Meeting Action Agendas for July 21 and August 4, 2010. 11 -b. Senator Begich Letter Dated July 21, 2010 11 -c. Lease Lot Inspection Letter 114. Enplanement June and July 2010 11 -e. Airport Manager's Report July 2010 11 -f. Float Plane Basin Activity 2006 2010 11 -g. Ordinance No. 2500 -2010 11 -h. Ordinance No. 2501 -2010 ITEM 12: MOTION: Carol L. Freas, City Clerk ADJOURNMENT Commissioner Zirul MOVED for adjournment and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 7:58 p.m. Minutes prepared and submitted by: -105- AIRPORT COMMISSION MEETING AUGUST 12, 2010 PAGE 2 of 3 ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: KENAI HARBOR COMMISSION MEETING AUGUST 9, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY July 12, 2010 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS a. Discussion On -Site User Survey Forms ITEM 6: NEW BUSINESS -106- PENDING APPROVAL a. Discussion SY2012 Municipal Harbor Facility Grant b. Discussion Work Session at Dock c, Discussion /Request Cancel or Change September Meeting Date ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. September 6, 2010 (Holiday) ITEM 9: COMMISSIONER COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of July 7, 12, and 21, 2010. ITEM 12: ADJOURNMENT KENAI HARBOR COMMISSION MEETING AUGUST 9, 2010 CITY COUNCIL CHAMBERS 7 :00 P.M. VICE CHAIR BILL OSBORN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Vice Chair Osborn called the meeting to order at approximately 7:10 p.m. confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: No quorum was present. ITEM 2: ITEM 3: ITEM 4: ITEM 5: 5 -a. ITEM 6: 6 -a. 6 -b. 6 -c. ITEM 7: 7 -a. 7 -b. ITEM 8: 8 -a. ITEM 9: -107- Roll was B. Osborn, R. Peters, W. Nelson P. Morin (excused absence), G. Foster, W. Niederhauser, T. Thompson Public Works Director W. Ogle, Council Member M. Boyle AGENDA APPROVAL APPROVAL OF MEETING SUMMARY Ju1y 12, 2010 PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion On -Site User Survey Forms NEW BUSINESS Discussion SY2012 Municipal Harbor Facility Grant Discussion Work Session at Dock Discussion /Request Cancel or Change September Meeting Date REPORTS Director City Council Liaison NEXT MEETING ATTENDANCE NOTIFICATION September 6, 2010 (Holiday) COMMISSIONER COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of July 7, 12, and 21, 2010. ITEM 12: ADJOURNMENT Due to lack of quorum, the meeting was adjourned at approximately 7:20 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -108- KENAI PARKS RECREATION COMMISSION AUGUST 5, 2010 CITY HALL COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY April 1, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Carolyn Vermette Community Dog Park ITEM 5: OLD BUSINESS a. Discussion Park Development Update Marathon Road ITEM 6: NEW BUSINESS a. Discussion Dip Net Fishery 2010 b. Discussion Cemetery Markers c. Discussion Park Tour ITEM 7: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. October 7, 2010 ITEM 9: COMMISSION OUESTIONS COMMENTS ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. City Council Action Agenda Items from July 7, 12, and 21, 2010. b. Beautification Committee Meeting Summary of May 11, 2010. ITEM 12: ADJOURNMENT -109- KENAI PARKS RECREATION COMMISSION AUGUST 5, 2010 7:00 P.M. CITY HALL COUNCIL CHAMBERS CHAIR DALE SANDAHL, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Sandahl called the meeting to order at approximately 7:03 p confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A. Hull, D. Sandahl, K. McDonald, G. Oliver, F. Kiefer, B. Gilman J. Beeson (arrived at 7:15 p.m.) Parks and Recreation Director R. Frates, Public Works Director W. Ogle A quorum was present. ITEM 2: AGENDA APPROVAL Commissioner Kiefer read the following addition to the agenda: ADD: ITEM 4 -b: PERSONS SCHEDULED TO BE HEARD Kate Veh MOTION: Commissioner Kiefer MOVED to approve the agenda as amended and Commissioner McDonald SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY April 1, 2010 The meeting summary of April 1, 2010 was approved with no objections. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4 -a. Carolyn Vermette Community Dog Park 4 -b. Kate Veh Indoor Community Play Space Roll was Vermette presented ideas regarding development of an exclusive dog park, noting specific needs and features such as acreage, location, pond, trails, lighting. Vermette noted the property north of the pond off Marathon Road was most desirable. Veh reported she traveled frequently with other parents of small children to various parks and indoor facilities, expressed concern for lack of facilities for children younger -110- than eight, and requested the commission consider addressing the need. Veh added, she believed the Recreation Center's Tot Time program hours should be expanded. ITEM 5: OLD BUSINESS 5 -a. Discussion Park Development Update Marathon Road Parks and Recreation Director Frates gave a brief update on the project, noting the Rotary Club had performed a number of work parties, the parking lot and two shelter areas had been located, and topsoil had been delivered. A brief discussion of naming the park occurred. MOTION: Commissioner Beeson MOVED to recommend to Council to name the park Daubenspeck Family Park in honor of the Daubenspeck family who had contributed in excess of $2 million to the City. Commissioner Hull SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6 -a. Discussion Dip Net Fishery 2010 Sandahl noted the Commission would have an opportunity to review the Dip Net Report in October, 2010, but he was requesting comments from Commissioners based upon observations. Commissioner comments included: Did not witness much enforcement from wildlife protection officers. Witnessed commercial drift boats occasionally getting too close to dip netters. Liked the fact locals were hired to assist during the dip net fishery. Noted safety issues with boaters below the bridge. Noted they had received fewer complaints this year. 6 -b. Discussion Cemetery Markers Frates noted he had been presented with an idea by Tim Wisniewsld of Peninsula Memorial Chapel, to establish to allow each cemetery plot purchased to be properly marked and suggested a deposit would be required to cover the expense of a granite marker. If a headstone or similar marker would not be installed within a specific timeframe, the monies would be used to engrave a granite plaque with name and date of the deceased. Commissioner comments included: Cost could be included to the cost of the plot. The expense of the marker should be at cost. PARKS RECREATION COMMISSION MEETING AUGUST 5, 2010 PAGE 2 MOTION: Commissioner Hull MOVED to recommend adding a marker fee to the cost of the plot and Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. 6 -c. Discussion Park Tour Frates reported he would like to schedule a park tour for commissioners and requested possible dates. General discussion occurred. A tentative date of the park tour was scheduled for September 13, 2010 at 6:00 p.m. ITEM 7: REPORTS 7 -a. Commission Chair None 7 -b. Director Frates reported on several projects including the Kenai River Marathon, North Beach walkways, Brown Bears Hockey Camp, the City's surplus auction, and bids for redoing flowerbeds at Memorial Park. 7 -c. City Council Liaison None ITEM 8: NEXT MEETING Ai ENDANCE NOTIFICATION 8 -a. October 7, 20 7.0 ITEM 9: COMMISSION QUESTIONS COMMENTS Kiefer noted receiving favorable comments regarding the viewing scope at Scout Park. Hull inquired about the status of the gym floor at the Recreation Center. Frates reported bid documents had not been drafted. ITEM 10: ITEM 11: 11 -a. 11 -b. ITEM 12: MOTION: PERSONS PRESENT NOT SCHEDULED TO BE HEARD None INFORMATION City Council Action Agenda Items from July 7, 12, and 21, 2010. Beautification Committee Meeting Summary of May 11, 2010. ADJOURNMENT Commissioner Hull MOVED to adjourn and. Commissioner Gilman SECONDED the motion. There were no objections. SO ORDERED. PARKS 8, RECREATION COMMISSION MEETING AUGUST 5, 2010 PAGE 3 -112- There being no further business before the Commission, the meeting was adjourned at approximately 8:55 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PARKS RECREATION COMMISSION MEETING AUGUST 5, 2010 PAGE 4 -113- 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 11, 2010 7:00 p.m. PENDING APPROVAL *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 he removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *July 28, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10-31 Inlet Woods Subdivision 2010 Replat A replat of Lot 14 15, Block 12 of Inlet Woods Subdivision. Plat submitted by integrity Surveys, 43335 K -Beach Road, Suite 10, Soldotna, Alaska. b. PZ10 -33 Ross Street Subdivision Located within the NE1 /4 SW 1/4 Section 6, T5N R 10 W. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ10-26 An application to rezone the property known as SEI /4 SE1 /4 Sec. 4, T5N, RI 1 W S.M. (1377 Bridge Access Road) from Rural Residential to Heavy Industrial. Application submitted by Cook Inlet Natural Gas Storage LLC, 3000 Spenard Road, Anchorage, AK 99503. b. PZ10 -27 An application for an Encroachment Permit for a 3 -foot front yard encroachment for the property known as Lot 8, Block 3, Thompson. Park Subdivision No. 1 (205 Iowa Street, #A). Application submitted by Craig Julie English, 205 Iowa Street, #A, Kenai, Alaska. c. PZ1 -28 An application for a Variance Permit for an 11.4 foot front yard setback variance for the property known as Lot 8, Block 3, Thompson Park Subdivision No. I (205 Iowa Street, #A). Application submitted by Craig Julie English, 205 Iowa Street, 4A, Kenai, Alaska. d. 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 -114- nuisance unsightly premises and also certain structures destroyed or partially destroyed by fire or by other means. e. PZ06 -26 Revocation hearing revoking Conditional Use Permit Steve Rick Voth dba Captain Bligh's Beaver Creek Lodge (Lodging Guide Service) 1035 1045 Angler Drive (Lots 4 5, Angler Acres SD #3). f. PZ06 -27 Revocation hearing revoking Conditional Use Permit Steve Rick Voth dba Captain Bligh's Beaver Creek Lodge (Cabin Rentals) -1010 Angler Drive (Lot 1, James H. Cowan Estates). 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. "Zoning Bulletin" June 25, 2010 b. PZ10 -32 Landscape /Site Plan ACS Retail Store 10128 Kenai Spur Highway (Lot 3, Baron Park Subdivision, 2008 Replat). c. PZ10 -34 Landscape /Site Plan Stanley Motors 10288 Kenai Spur Highway (Lot 2C, Baron Park Subdivision Addn. No. 9). 1 NEXT MEETING ATTENDANCE NOTIFICATION: August 25, 2010 a. Work Session set for 6 p.m. KMC 3.15 Kennels 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: -115- CITY OF KENAI PLANNING ZONING COMMISSION AUGUST 11, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1• CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: K. Rogers, G. Brockman, K. Koester, S Remain, R. Wells, J. 'i Vvait, P. Bryson Staff /Council Liaison present: Assistant to City Planner N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 -b. Agenda Approval Commissioner Wells read the following additions to the agenda: ADD: 5 -d. Additional Information /Photographs of Abandoned Structures 5 -e f. Additional information /Letter from Clark Cowan MOTION: Commissioner Wells MOVED to approve the agenda with the additions and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1 -c. MOTION: Consent Agenda Commissioner Bryson MOVED to approve the consent agenda. and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Approved by consent agenda. -116- Rogers YES Brookman YES 1 Koester YES Romain YES Wells YES Twait YES Bryson YES *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 28, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ1O -31 Inlet Woods Subdivision 2010 Replat A replat of Lot 14 8 15, Block 12 of Inlet Woods Subdivision. Plat submitted by Integrity Surveys, 43335 K -Beach Road, Suite 10, Soldotna, Alaska. MOTION: Commissioner Romain MOVED to approve PZ10 -31 and Commissioner Wells SECONDED the motion. Assistant to City Planner Carver reviewed the staff report included in the packet, recommending approval with no contingencies. Twait read the rules for public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. There were no Commissioner comments. VOTE: MOTION PASSED UNANIMOUSLY. 4 -b. PZ10-33 Ross Street Subdivision Located within the NE1 /4 SW1 /4 Section 6, T5N R 10 W. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska.. MOTION: Commissioner Bryson MOVED to approve PZ10 -33 with staff recommendations and Commissioner Rogers SECONDED the motion. PLANNING 8 ZONING COMMISSION MEETING AUGUST 11, 2010 PAGE 2 -117- Rogers YES Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson. !YES Carver reviewed the staff report included in the packet, recommending approval with the following requirements: a. Plat note 4 should be removed. Development on lots that do not meet the minimum lot width of 90 feet may be restricted as setbacks are measured from lot where minimum lot width meets minimum lot width. b. An installation agreement must be fo nralized with the Ci.ty of Kenai addressing the minimum improvements listed below. However, the final agreement may include additional requirements determined as the plan is reviewed. 1. Street and drainage plans must be designed and stamped by an engineer licensed in the State of Alaska. The City of Kenai uses the Municipality of Anchorage Standard Specifications. 2. Prior to construction, plans must be submitted to the City of Kenai for review and acceptance. 3. Street would require a minimum 24 -foot paved surface, with two -foot shoulders and approved excavation and backfill. 4. Signage including a stop sign, street sign and "No Outlet" signs was required. 5. After construction, the engineer must submit signed documentation the road was built to the standards approved in the submitted plans. As- built drawings must be submitted to the City of Kenai in both paper and digital format (pdf and AutoCAD). c. Plat should not be recorded until the City of Kenai has signed off on the minimum improvements for the subdivision. d. ADEC approval for on -site water and septic systems serving the subdivision. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Commissioner comments, VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: 5 -a. PZ1O -26 An application to rezone the property known as SE1 /4 SE1 /4 Sec. 4, TSN, R11W S.M. (1377 Bridge Access Road) from Rural Residential to Heavy Industrial. Application submitted by Cook Inlet Natural Gas Storage, LLC, 3000 Spenard Road, Anchorage, AK 99503, MOTION: PUBLIC HEARINGS Commissioner Romain MOVED to approve PZ10 -26 with staff recommendations and PLANNING 8s ZONING COMMISSION MEETING AUGUST 11, 2010 PAGE 3 -118- Rogers YES Brookman YES Koester YES Romain YES We11s YES Twait YES Bryson YES Commissioner Wells SECONDED the motion. Caner reviewed the staff report included in the packet, recommending approval with the following findings: 1. The property was currently zoned Rural Residential. 2. The property was classified in the Comprehensive Plan as Conservation /Open Space. 3, Conservation /Open Space was defined as public lands in the Comprehensive Plan 4. The property was privately owned and no longer met the definition for Conservation /Open Space as defined in the Comprehensive Plan. 5. An application to rezone the property to Heavy Industrial had been received.. 6. The application met the requirements for an amendment as defined under KMC 14.20.270. 7. Rezoning the property to Heavy Industrial would expand an adjacent boundary. 8. Rezoning the property to Heavy Industrial would conform to the Comprehensive Plan Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. Commissioner comments included: This was an appropriate action given adjacent property is already zoned Heavy Industrial. VOTE: MOTION PASSED UNANIMOUSLY. 5 -b. PZ10 -27 An application for an Encroachment Permit for a 3 -foot front yard encroachment for the property known as Lot 8, Block 3, Thompson Park Subdivision No. 1 (205 Iowa Street, #A). Application submitted by Craig 8; Julie English, 205 Iowa Street, #A, Kenai, Alaska. MOTION: Commissioner Romain MOVED to approve PZ 10 -27 with staff recommendations and Commissioner Rogers SECONDED the motion. Carver reviewed the staff report included in the packet, recommending approval with the following findings: PLANNING 8; ZONING COMMISSION MEETING AUGUST 11, 2010 PAGE 4 -119- Rogers YES Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Commissioner comments. VOTE: 1. An encroachment as defined in KMC 14.20.185(a) existed. The encroachment did not encroach upon a Federal, State or City right -of- way or utility easement. 2. The issuance of the encroachment permit would not authorize a use which was not a principal permitted use in the zoning district in which the property was located. 3. The encroachment was not located across a platted lot line. MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedure. 5 -c. PZ10 -28 An application for a Variance Permit for an 1.1.4 foot front yard setback variance for the property known as Lot 8, Block 3, Thompson Park Subdivision No. 1 (205 Iowa Street, #A). Application submitted by Craig Su Julie English, 205 Iowa Street, #A, Kenai, Alaska. MOTION: Commissioner Wells MOVED to approve PZ10 -28 with staff recommendations and Commissioner Brookman SECONDED the motion. Carver reviewed the staff report included in the packet, recommending approval with the following findings: 1. Special conditions or circumstances were present which were peculiar to the land or structures involved which were not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances had not been caused by actions of the applicant and such conditions and circumstances did not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance would not authorize a use that was not a permitted principal use in the zoning district in which the property was located. 4. The granting of the variance would be the minimum variance that would provide for the reasonable use of the land and/or structure. 5. The granting of a variance would not be based upon other non- conforming land uses or structures within the same land use or zoning district. PLANNING ZONING COMMISSION MEETING AUGUST 11, 2010 PAGE 5 -120- Rogers YES Brookman YES Koester YES Romain YES Wells YES Twait YES i Bryson YES Rogers YES Brookman 1 YES Koester YES Romain. YES Wells YES Twait YES Bryson NO Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Commissioner comments. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedure. 5 -d. MOTION: PZ10 -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. Commissioner Romain MOVED to approve PZ10 -29 and Commissioner Bryson SECONDED the motion. Carver reviewed the staff report included in the packet. Twait opened the meeting to public hearing. John Mellish, 1132 Walnut, Kenai Spoke in opposition to the amendment, noting the wording was vague, subjective, and would be hard to enforce. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: Wondered how enforcement would be handled. Noted concern from where the amendment came. Carver noted the ideas came from the May 2010 Town Hall Meeting. Noted the amendment would make this section of the code the same as other sections pertaining to nuisances. VOTE: PLANNING 8s ZONING COMMISSION MEETING AUGUST 11, 2010 PAGE 6 -121- Rogers YES Broolnnan YES Koester YES Romain YES 1 Wells YES 'Fait YES Bryson j YES MOTION PASSED. 5 -e. PZ06 -26 Revocation hearing revoking Conditional Use Permit Steve Rick Voth dba Captain Bligh's Beaver Creek Lodge (Lodging Guide Service) 1035 1045 Angler Drive (Lots 4 5, Angler Acres SD tt3). MOTION: Commissioner Romain MOVED to approve PZ06 -26 and Commissioner Bryson SECONDED the motion. Carver reviewed the staff report included in the packet, recommending amendments to the Conditional Use Permit to include the following rules: Remain current with City of Kenai assessments. Remain current with Kenai Peninsula Borough sales tax and property taxes. Submit quarterly reports of activity on the property to the Planning and Zoning Department through December 31, 2011. Develop and enforce ho rules for fish cleaning, trash and storage of coolers. Cease leasing dock space until an amendment was applied for and approved by the Commission. Applicant must comply with all Federal, State and local regulations. Twait opened the meeting to public hearing. Steve Voth, 1035 Angler Drive, Kenai Applicant spoke in favor of the amendments. There being no one else g to speak, the public hearing was closed. Commissioner Wells noted the support letter included as a lay down at the beginning of the meeting. MOTION TO AMEND: Commissioner Bryson MOVED to amend the Conditional Use Permit to include the rules recommended by staff. Commissioner Romain SECONDED the motion. There were no Commissioner comments. VOTE ON THE AMENDMENT: PLANNING ZONING COMMISSION MEETING AUGUST 11, 2010 PAGE 7 -122- Rogers I YES Brookman YES Koester YES Romain I YES Wells YES I Twait YES 1 Bryson 1 YES MOTION PASSED UNANIMOUSLY. MOTION TO POSTPONE: Commissioner Bryson MOVED to postpone final approval of the revocation action of PZ06 -26 until the August 10, 2011 Planning Zoning Commission meeting. Commissioner Wells SECONDED the motion. VOTE ON POSTPONEMENT: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedure. 5 -f. PZ06 -27 Revocation hearing revoking Conditional Use Permit Steve Rick Voth dba Captain Bligh's Beaver Creek Lodge (Cabin Rentals) -1010 Angler Drive (Lot 1, James H. Cowan Estates). MOTION: Commissioner Romain MOVED to approve PZ06 -27 and Commissioner Wells SECONDED the motion. Carver reviewed the staff report included in the packet, noting administration would be recommending amendments to the Conditional Use Peuuit to include the following rules: Remain current with City of Kenai assessments. Remain current with Kenai Peninsula Borough sales tax and property taxes. Submit quarterly reports of activity on the property to the Planning Zoning Department through December 31, 2011. Develop and enforce house rules for the property. Rules should include specific guidelines for fish cleaning, trash and storage of cooler. Applicant must comply with all Federal, State and local regulations. Twait opened the meeting to public hearing. Steve Voth, 1035 Angler Drive, Kenai Applicant spoke in support of the amendments. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: PLANNING ZONING COMMISSION MEETING AUGUST 1.1, 2010 PAGE 8 -123- Ro ers !YES i Brookman YES Koester YES Romain YES 1 Wells YES Twait YES Bryson YES I Rogers YES I Brookman YES Koester YES Romain YES LWells YES Twait YES 1 Bryson YES 1 Commissioner Bryson MOVED to amend the Conditional Use Permit to include recommendations made by staff. Commissioner Romain SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedure. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS None ITEM 8: PENDING ITEMS None ITEM 9: REPORTS ITEM 11: INFORMATION ITEMS -124- 9 i C Council Council M° M lo. the ..tj+ 'vv�acawa �mLer Molloy noted u.xc passing of Ted Stevens, reviewed the action agenda items of the August 4, 2010 City Council Meeting, and noted there would be a Board of Adjustment Hearing on August 23, 2010 on the Disque revocation. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda of the August 9, 2010 Borough Planning Commission meeting, noting street naming required looking at public comments and the historical significance of the suggested names, 9 -c. Administration Carver noted the MAPS group would be at the September 8, 2010 meeting to make a presentation related to conditional use pe.iuits and land use tables. She added, there would be a work session on kennels at 6:00 p.m. on August 25, 2010. ITEM 10: PERSONS PRESENT NOT SCHEDULED None PLANNING ZONING COMMISSION MEETING AUGUST 11, 2010 PAGE 9 11 -a. "Zoning Bulletin" June 25, 2010 11 -b. PZ10 -32 Landscape /Site Plan ACS Retail Store 10128 Kenai Spur Highway (Lot 3, Baron Park Subdivision, 2008 Replat). 11 -c. PZ10 -34 Landscape /Site Plan Stanley Motors 10288 Kenai Spur Highway (Lot 2C, Baron Park Subdivision Addn. No. 9). ITEM 12: 12 -a. Commissioner Wells requested an excused absence for the August 25, 2010 meeting and Commissioner Brookman noted he would be on Federal jury duty through August. I2 -b. Work Session set for 6 p.m. KMC 3.15 Kennels Commissioner Romain noted he would be late for the work session on August 25, 2010. ITEM 13: ITEM 14: MOTION: August 25, 2010 ADJOURNMENT Commissioner Wells MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:24 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk NEXT MEETING ATTENDANCE NOTIFICATION COMMISSION COMMENTS QUESTIONS None PLANNING ZONING COMMISSION MEETING AUGUST 11, 2010 PAGE 10 -125- REPORT OF CITY MANAGER KEVIN ALASKA To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: August 12, 2010 Re: Monthly Report FINANCE DEPARTMENT MID -MONTH REPORT August 2010 FY2010 yearend procedures are in full swing. Much of the department's efforts over the next couple of months will focused on yearend procedures and financial statement preparation. The annual audit is scheduled for the week of September 27th at which time a complete draft of the City's Comprehensive Annual Financial Report will be ready. Compilation of financial information related to the 2010 Dipnet Fishery is underway for completion of the annual dipnet report. In conjunction with a comprehensive credit card acceptance policy, the department is compiling a schedule of fees and will be making recommendations for potential fee adjustments. This project will delay the implementation of credit card acceptance. A work session is scheduled for late September and should afford credit card acceptance late in 2010, The fiber optic link between the City's Public Safety, City Hall and Library buildings is complete. Plans are being made for utilization of this connection. Plans include shared internet connectivity and shared data back -up services between the sites. the eiyof KE AI. ALASKA TO: Terry Eubank, Acting City Manager 7/' FROM: Wayne Ogle, Public Works Director DATE: August 12, 2010 SUBJECT: MW Month Report; Public Works Department PUBLIC WORKS DEPARTMENT AUGUST 2010 REPORT Public Works Operations: Chronic rain conditions have curtailed street striping and crack sealing activities. These will be attended to as soon as we have the next dry spell. Streets Department is doing a drainage improvement project in the Vahalla Heights Subdivision. This includes ensuring the ditch line on each side of the road is cleared of debris and vegetation. We will finish the project with a good crown on the road to keep water off and in our newly cleared out ditches. The Water Department is preparing for a contractor who will bring in sophisticated listening equipment to detect water leaks in our system. Last year this contractor detected several below ground leaks in our fire hydrants which, once repaired, saved much water. Streets Department has assisted in installing signage for DipNet season, placing barriers, grading parking areas, placing toll booths, shaping gravel road extensions on the north and south beaches. Status of Projects: Kenai Municipal Airport Rehabilitate Apron 2009 -2010; Project is underway with Alaska Road Builders as the general contractor Wince Corthell providing Construction Management services. Change Order Five is being approved which will provide for the complete painting of runway 1L-19R and other markings. Kenai Municipal Airport Master Plan Preliminary work is underway to complete a Professional Services Agreement between the City and Wince Corthell -Bryson for this project Kenai: Various Road Improvements 2009 (Baron Park Lane HEA Access). The Alaska Department of Transportation sent the `Authority to Advertise' for the construction of the HEA Access Road Baron Park Lane project to the Federal Highway Administration on July 1 Their action is required to release the federal construction funds and is expected by mid -July. The earliest a Notice to Proceed could be issued to a contractor following the bid process would be mid- September. This date would be contingent on the contractor meeting all pre-construction requirements. No Change in this Project. Historical Cabin Relocation Project. Fencing has been installed by a contractor. The cabins are slowly being furnished through donations. The area surrounding the boardwalks has been landscaped and seeded. Fourth Avenue Culvert Replacement This project is funded by a grant to the Kenai Watershed Forum will replace a failing culvert on Fourth Avenue. This failed culvert is inhibiting the passage of fish. The design and construction management will be provided by Nelson Engineering. The City has funded Additive Alternate One which will extend a 10" water main down Spruce Street and replace an existing 2 service line that services two apartment buildings. This project is nearing completion with Foster Construction as the contractor. Kenai North Dunes Elevated Light Penetrating Walkways /Ramps Supply Related Appurtenances Contractor will supply fabricate from design documents the necessary materials to elevate the two existing walkway gratings on the North Dune. The City will install the gratings and walkways to their design elevation. Sealed bids have been received with Council considering an award of contract. Small Projects: Recreation Center: Repairs to roof leaks are underway. Senior Center: Randy's Glass is repairing leaking windows and replacing windows that have lost their seals. One final customized window remains to be installed, Fine Arts Center: Dam Roofing is installing a TPO membrane roof to fully address a previous leaking roof problem. -128- c udy of KENR� SKIT POLICE DEPARTMENT MID -MONTH REPORT July 2010 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 8/10/10 SUBJECT: Police Communications Department Activity July 2010 Police handled 986 calls for service (up from 870 in July 2009). 272 of the calls for service were dipnet related (210 cash pick -ups and 62 other calls). The Communications Center received 323 emergency 9 -1 -1 calls (204 from cell phones). Approximately 4,138 administrative calls were processed by Communications personnel. Officers made 47 arrests and wrote 322 reports. Traffic enforcement resulted in 153 warnings, 19 speeding tickets, 2 seatbelt tickets, 8 citations for equipment violations, and 31 citations for "other' traffic violations. There were 10 DUI arrests (all misdemeanor). Police investigated 9 vehicle crashes (2 injury crashes). One of the crashes was DUI related. One crash involved a moose. We continue to have bear sightings in Kenai, but the majority of sightings involve bears just passing through. On July 1, Ryan Pierce started work as a police officer. On July 27, Ms. Morgan Tuttle started work as a police officer. On July 2, Andrea Trujillo started work as a dispatcher. On July 6, Officer Russell and Officer Harris attended Field Training Officer (FTO) school in Anchorage. Officers continue to work Click it or Ticket and DUI overtime patrols (reimbursed to the City by the Alaska Highway Safety Office). -129- the cif c e KENAALASKA ANIMAL CONTROL MID -MONTH REPORT July 2010 2010 2009 2010 2009 STRAY 73 91 ADOPTED 49 58 Dogs 43 58 Dogs 21 23 Cats 26 31 Cats 25 26 Other Species 4 2 Other Species 3 9 RELEASED BY OWNER 30 45 CLAIMED 24 29 Dogs 14 22 Dogs 21 26 Cats 14 15 Cats 3 2 Other Species 2 8 Other Species 0 1 D.O.A. 15 13 EUTHANIZED 27 49 Dogs 11 5 Dogs 15 31 Cats 0 9 Cats 11 18 Other Species 4 1 Other Species 1 0 TOTAL ANIMALS 118 149 Other Disposition 3 Borough Animals 29 32 Field Investigations 90 108 Total Dogs 68 89 Volunteer hours 101 81 Total Cats 40 49 Total phone 603 703 Total Other Species 10 11 Kennel Permits 0 0 Community Involvement Projects: Various dog walkers throughout the month. Perfoiuied "Animal Shelter" Summer program field trips for Peninsula Community Health Services of Alaska school age children, from kindergarten to high school. Groups of 8 -12 kids, and Adult Helpers. —130— Muni ci pal A irport Airport Projects: enai Airport Manager's Report For August 2010 Apron Rehabilitation: The apron now has new pavement up to the terminal. Things are proceeding despite the weather. Tenants and other airport users are working well with the contractors. Float Plane Basin Facility Improvement Project: The final EA document is being reviewed by the FAA. The FAA grant offer has been received for the Phase 1 Float Plane Basin Development. This grant will encompass the EA, design of taxiways S T and the 4th street realignment and lease lots. Master Plan The grant has been received and a kickoff meeting is presently scheduled for October 14 The project is estimated to conclude in 2012. Caring for the Kenai Airport Bird Dog: The Airport Bird Dog project is coming to a dose. "Rose" will depart for her home in Sacramento, California on Tuesday, August 17 as Olivia returns to school on August 23 Compared to June hazing efforts with very stubborn seagulls, July and August have been very slow for Rose. There have been very few sand hill cranes or gaoce this summer. Enplanements: Enplanements were up significanliy for July; exceeding 10,000 for the first time s ince July o f 2008 Jul continues t b month for the highest enplanements. In -house summer projects: Airport crew is busy screening sand for this winter. If the sand from the float plane basin meet the FM specs, it could represent a big cost saving to the airport's operating budget Harvesting vegetation from the water runway Crack sealing the runway Painting of registration/generator building south of the terminal Midnight Sun will relamp the OPS building on the Fire side and the Wash Bay Preparing invitation to bid for snow removal operations in airport parking lots Upgrading of fuel pumps at float plane basin 2010 -08 -131- K NAI, ALASKA The status of the projects is as follows; Kenai Community Library Expansion Proiect Architecture by ECl/Hyer, Inc. Construction contract was awarded to Blazy Construction, Inc Notice to proceed was issued on April 19. Construction is progressing on schedule with walls erected and sheeted, and roof decking in place, preparation is underway for dry -in and plumbing and electrical will begin installation starting the week of August l6"' Bridge Access Road Water Sewer Main Extension Engineered by Wm. 3. Nelson Associates. The Construction Contract was awarded to North Star Paving and Construction Inc. The notice to proceed was signed on January 18, 2010. Construction is currently under way with the water project at 87% complete and the sewer project at 82% complete; project will be completed in September. Lawton Drive Water Extension Project Engineered by Wm. J. Nelson Associates. The Construction Contract was awarded to North Star Paving and Construction Inc. The Notice to Proceed was issued on February 16, 2010. All piping is installed and road reconstruction and seeding is complete, with final punch list items remaining. Arsenic Ground Water Study Engineered by HDL with Pilot studies by HDR. The Well 2 Aquifer Study report is complete. South Beach Dunes Fencing This is an American Recovery and Reinvestment Act (ARRA) funded project administered by U.S. Fish and Wildlife Service. The contract was awarded to Holden Company on May 19 for $62,028.00. The project was completed on July 9, prior to the opening of Dip Net Season, Final close out paperwork is under way. Multi Use Facility Lighting Upgrade This is an American Recovery and Reinvestment Act (ARRA) funded project administered by Department of Energy. Bid documents were released and bids were opened on June 9, 2010 with 6 bids received. The contract was awarded to Kachemak Electric on June 16 for $58587.00. The submittal process is complete and materials have been ordered and will be installed during the scheduled construction window beginning September 25 and ending on October 9 for work over the ice surface. Water and Sewer Rate Study Update -The Notice to Proceed was issued on March 15, 2010. Documents requested have been provided to the consultant for analysis. Togiak to Beaver Loop Water Extension Project- Engineering by Wm. J. Nelson Associates. This is the continuing extension of the Lawton Drive Project. Currently the NEPA process is underway; as required by the State and Tribal Assistance Grant (STAG), with the design drawing necessary for the NEPA process completed and under review the initial 30 day comment period on scoping started August 6°' once the NEPA process is approved, the Work Plan will be submitted to the EPA Project Officer. Once the Work Plan is approved the project will be put out to bid. Personal Use Fisheries Capital Project Funded by approval. of Ordinance 2481 -2010 on May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The additional restrooms and bridge upgrade will are scheduled for later this year and will be available for the 2010 Dip Net Season. Vintage Pointe Water Damage Project Funded by approval of Ordinance 2483 -201.0 on May 19, 201.0. The design contract was issued June 7 to Klauder Company Architects, Inc. The Project was bid on July 27` and the contract was awarded to Holden Company on. August 2 for 8142,486,00. Contracts are out for signature. -132- CAPITAL PROJECT MANAGER MID -MONTH REPORT August 2010 ea2yof KENAI, ALASKA July Circulation Figures Library Door Count 7,251 140,000 100.000 60,000 40,000 20,000 FY1956 F41996 FY2006 FY2008 FY2009 F42010 Income Fines 1,179,04 Xerox 54.50 Lost/Damaged 385.28 Test Proctoring Fee 200.00 Printing 238.50 Total income 07 /10 2,057.32 KENAI COMMUNITY LIBRARY MID -MONTH REPORT AUGUST 2010 Adult Fiction 2,179 Internet Access 1,598 Adult Non- Fiction 1,379 Music 134 Periodicals 167 Puzzles 0 Juvenile Fiction 666 Videos 240 Juvenile Non Fiction 300 DVDs 2,137 Easy Fiction 1,049 Audio books 202 Easy Non- Fiction 241 Miscellaneous 54 Interlibrary Loan 26 Computer Programs 11 Total Print 6,007 Total Non Print 4,376 Total Circulation 10,383 In -House circulation Downloadable Audio e -books Total Circulation 44 TOtat Clrculauon -133- Total 151 242 Library Cards Issued July 2010 Internet Only 59 Clam Gulch 3 Kasilof 6 Kenai 72 Nikiski 9 Soldotna 16 Sterling 4 Non Resident 13 Organization Other 19 201 Volunteers Hours 2 32 Interlibrary Loans Ordered 49 Received 33 Returned 24 Loaned by us 21 the 4,of KENAI, ALASKA Fire Department MID -MONTH REPORT August 2010 July was busy for our department with the coming of summer and the arrivals of tourists and dipnet fishermen. This year seemed to be busier than past years and we had frequent use of the new rescue boat. We had 15 calls for service just to the dipnet fishery during the month of July. We also were called out mutual aid recently to CES's area for a woman that had disappeared in the river. The boat is now being housed back in station 1. ISO is in town and we have been busy working for the past month in preparation for their arrival. This is the company that helps relay Fire Department information to the insurances companies and ultimately sets the insurance rates for the residents of Kenai. Hopefully we will have a report back soon. We unfortunately did not get our grant for the new firefighters. We received an e-mail yesterday explaining that out request had been denied. I have forwarded the letter onto the acting City manager and will work with the City administration to begin the process to prepare in hope for future hiring. Call volume is on pace with previous years but the rain has definitely helped with the reduction of brush or grass fires. Captain Anderson just returned from the National Fire Academy in Emmetsburg MD and took a class on multiple alarm. incidents. Everyone in the department is looking forward to a nice sunny fall. the ciyof KENA \y/ ALASKA PARKS RECREATION MID -MONTH REPORT July was a particularly busy month with the personal use fishery while at the same time managing facility and turf maintenance. Several days were dedicated to raking the beach with a final clean up coordinated for the day after the fishery was closed. The KCHS ski team was extremely valuable throughout the fishery with respect to keeping the beach relatively clean and the department sincerely appreciates their effort. Six park reservations are scheduled throughout the month of August with the prominent events being an Aug. 7 disc golf tournament, Women's Run on the 14 followed with Industry Appreciation on Aug. 21 The following is a list of recent non routine maintenance tasks activities: 1. Removed a significantly sized downed spruce tree in Municipal Park. 2. Tree stakes older than one year removed from LH Memorial Park. 3. Major effort undertaken to weed flowerbeds and add grass clippings. 4. Removed weeds growing in sidewalks near town center. 5. Dedicated staff time toward cleaning shacks and organizing supplies /materials used during dip net fishery. 6. Removed Mugo Pine from LH Park, 7. imported dirt and planted seed behind City Hail. 8. Removed graffiti from softball field storage room. 9. Assisted Airport staff with mowing one week. 10. Assisted with contacts for the North Beach Elevated Walkway project. 11. Raked tees at disc golf, performed trimming under baskets and repaired one basket 12. Applied fertilizer to lawn off Trading Bay Road near court house. 13. Performed cleaning of MPF in preparation for Brown Bears Camp and purchase of supplies. 14. Coordinated soccer camp with Challenger Sports staff member. 15. Provided staff member to assist with preparation for City's auction. 16. Installed KCHS flags along Spur Hwy from Tinker to Rogers Rd. 1 Called local vendors regarding cost to refurbish LEI Memorial Park beds. 18. Currently dedicating staff time toward planning /designing for Vintage Pt sprinkler system. 19. Removed old playground equipment from Old Town Park. 20. Removed fallen tree located along North. Forest Drive. AUGUST 2010 the et. Al, To: Rich Koch, City Manager Front: Rachael S. Craig, Senior Center Director Date: July 10, 2010 Total July Meal Count 2010 Served: Total Congregate Meals Served: 1,367 Total Home Meals Served: 1,635 KENAI SENIOR CENTER AUGUST REPORT Total July Meal Count 2009 Served: Total Congregate Meals Served: 1,464 Total Home Meals Served: 2,080 We were rented 4 times this month. Volunteer hours for July were 1,140. The Kenai Seniors won first Place in the Organization category for the float they created for the 4` of July Parade. The Float was named, "Wheels of Progress." Kenai Senior Connection, Inc had a very successful 4 of July Booth. The camaraderie of the seniors is well worth the day! An autobiography workshop has begun. It meets every Friday at 1p.m. Seniors can come together and the facilitator, Lisa Greenleaf gives instruction on how to write an autobiography by focusing on various aspects of their life through answering questions. This is a wonderful way to pass on a legacy to children and grandchildren. Seniors participated in a workshop entitled, "Aging and how it affects Our Digestive Systems." Very info information was given by our volunteer RN. There were 12 seniors in attendance. Summer is the time to explore. We did just that this month. We had many trips including: Garage Sale Crawl, Mystery Scenic Drive, Alyeska Resort Tram/Lunch and visit to the Wildlife Conservation Center and a fishing trip on the Kenai. Those that participated had a great time. A Wii Bowling Tournament started this month. Wii Bowling continues to be an avid activity at the senior center. Alaska Commission on Aging has set legislative priorities for 2010. ACOA and senior agencies will continue to encourage establishing a regular and periodic schedule of rate reviews for home and community -based services that serve persons who are Medicaid- eligible and meet nursing home level of care. This measure will promote ongoing awareness of services and true costs of providing services. Last session, Senator Johnny Ellis sponsored SB32; it passed the Senate and the douse Health and Social Services Committee and is waiting to be scheduled for a hearing in the House Finance. This is important to our senior center as we continue to provide Medicaid Choice Waiver services for home and congregate meals and. transportation. -136- INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 18, 2010 1. 8/18/2010 Purchase Orders Between 2. 3. Budget Transfer in Capital Projects in excess of 5,000. 2,500 and $15,000 for council review. RurAL CAP 2011 Request for Applications for Community environmental Demonstration Project Grants Under the Alaska Tribal Multi -Media Demonstration Projects. 4. 8/10/2010, Alaska Department of Natural Resources, Notice of Application for Approval of the Northwest Coolc Inlet Unit. 5. 8/10/2010, Alaska Department of Natural Resources, Notice of Application for Approval of the Southern Cross Unit. 6. 8/17/2010 Kenai Peninsula Borough Assembly Meeting Agenda. 0 0 0 N- 0 0 0 O 0 0 0 o 6 0 6 0 ey M O 6 6 O 0 co h O O Z CD d' o 67 tta 0 rt 7 i{' O Le to Ci to v7' R V' to nt V) 0, 0 J D] F I— I- X CC CC LIJ 0 0 O F 4 w Q E Q 4 -138- -J W C7 z RurAL CAP 2011 Request for Applications for Community Environmental Demonstration Project Grants Under the Alaska Tribal Multi -Media Demonstration Projects PROPOSAL DEADLINE Must be received by 5pm September 9, 2010 Please v RurAL CAP and ANTHC are looking to fund small demonstration projects in Alaska not to exceed $30,000.00. Average awards will be $20,000.00. These projects should demonstrate approaches for enhancing human health and/or the environment of Tribal communities in rural Alaska. These projects are expected to serve as a model to other Tribal communities in Alaska trying to address similar problems. Eligibility criteria: Eligible Applicants: States, local governments, Tribes, territories, universities, colleges, laboratories and non profit organizations not designated as a 501. (c)(4) that lobbies. Eligible Projects: Must fall within the eligibility criteria for CFDA 66.808 66.034 Solid/Hazardous waste projects. Projects that address climate change. Indoor outdoor air quality projects. Innovative alternative energy projects that reduce emissions. Development of waste management plans. Contact the ANTHC or RurAL CAP administers to ensure project eligibility. Contact information is on the back page. uralcap.com or http: /www.anthc.err /chs /ces /hvelindex.cim to view the full solicitation. -139- Threshold Eligibility: If these requirements are not met at the time of application submission, the application will not be considered for funding. Project must be perfonned in Alaska. Applicant must not appear on the Debarred or Suspended list. Proposal must be received no later than 5pm September 9, 2010 to be considered. They can be mailed, hand delivered or e- mailed. The Narrative proposal can not exceed 10 pages. Applicant must demonstrate that their project is for the benefit of Tribal communities and contribute to the long term sustainability of those communities. Application must demonstrate that the project will build Tribal capacity to reduce human health risks and/or environmental problems in Alaska. Projects should include gathering and transferring of information, or advancing the state of knowledge. These projects must have a definitive beginning and end. They are one -time projects and must be completed in one year. Page 1 of 4 Application Submission: The application package must include all of the following materials: There will be 100 possible points for application content. Final award decisions will be based on score, whether a project is allowable, and the over- all scope of the project as a demonstration. Please prepare your proposal using the following outline to help ensure maximum available points. 1. Narrative Proposal (10 page maximum) A. Project Summary 25 points B. Project Approach 25 points C. Narrative Workplan 25 points a. Environmental Results: outcomes /outputs b. Description of work products to be developed. c. Programmatic Capability 2. Narrative Budget (Not part of 10 -page limit) 15 points 3. Attachments (Not part of 10 -page limit) A. Tribal Support 10 points B. Letters of Support from partners C. Resumes of key staff M11 no, IVO Vryi Ind 1. Narrative Proposal: The Narrative Proposal, includes the A) Project Summary, B) Project Approach, and C) Narrative Work Plan. It must describe how the proposed project meets the guidelines established in this announcement (which includes the Threshold Eligibility Criteria explained on page 1). Narrative Proposals should be no more than 10 pages single- spaced typewritten pages. The Narrative Proposal must include the following sections... A. Project Summary: The summary includes the following information: Project title; Applicant information (Organization name, address, contact person and title, phone number, fax number and e-mail address); Total funding amount requested; Total project cost. -140- The project summary should also include: Community overview, including the number of people that will be impacted by the project. Statement of the problem. Sutnmaty of the project and results. Communities commitment to solving the problem(s). 25 points B. Project Approach: Describe in detail, your approach for performing the project. Identify specific activities that will be performed and how. Create a milestone schedule detailing each activity. The timeline can not exceed one year. Key personnel: Identify who will be the dedicated project lead, who will be responsible for financial and programmatic reporting activities, and other personnel that will be involved with the project. Office equipment: Describe the infrastructure available for project administration. Is there access to a reliable workspace, phone, fax, internet with e- mail. Describe the normal business hours and the best way to contact the project lead during those hours. if the project lead is unavailable, is there a way to leave a message? Describe how the project can be captured, replicated and shared with. others. It is a requirement that applicant attend a statewide environmental conference to share project results, This can be in the form of a presentation, poster, video, or other educational resource. 25 points Page 2 of 4 C. Narrative Workplan: This section shall include a) Environmental results Outcomes Outputs, b) Description of work products to be developed, and c) Programmatic Capability and Reporting on Environmental Results. a. Environmental Results Outcomes and Outputs: This section should explain the expected benefits to the Tribal community or communities' served by the project. At the very minimum, the applicant should include the number of people impacted by the project and the type and extent of the changes expected after the project is complete. (see full announcement for examples of outputs and outcomes). Outputs: Identify the expected outputs and how progress towards achieving the outputs will be tracked and measured. Outputs are an activity, effort, and/or product resulting from a specific activity that can be produced or provided over a period of time or by a specified date Outcomes: Identify the expected quantitative and qualitative outcomes of the project. Include what measurements will be tracked to measure progress towards achieving the outcomes and how the results will be evaluated. Outcomes are the result or effect that will occur from carrying out an activity. They may be environnental, behavioral, health related, or programmatic in nature. They can be short term (changes in learning, knowledge, attitude, skill), intennediate (changes in behavior, practice, or decisions), or long term (changes in condition). They may or may not be achieved in this funding period. 10 points -141- b. Description of work products to be developed: Describe the applicant's organization and experience related to the proposed project. Describe roles of applicant and partners (if any) for this project. Describe staff expertise /qualifications, knowledge and resources, or the ability to obtain them. Describe how the project will address any, some, or a combination of the following Incorporates a variety of partners. Incorporates benefits to the environment and community. Project part of a community based plan. Demonstrates on- the ground, voluntary, environmental. results. 10 points) c. Programmatic Capacity and Reporting on Environmental Results: Submit a list of federally funded projects grants similar in scope to the proposed project that your organization has performed in the last 3 years and describe: Whether and how you were able to successfully complete and manage those agreements. Your htstol y of meeting milestones arid reporting requirements. How projects were documented and reported. Was progress made toward achieving expected results. (5 points) Note: In evaluating applicants, evaluators will consider the information provided by the applicant and may also consider information from other sources such as prior grantors. Page 3of4 Detailed Budget Narrative: The budget narrative should describe the total cost of the project. These costs need to be broken down by line item and need to include a description as to how each line item was calculated. (this is not counted against the 10 page limit) A. Personnel B. Fringe Benefits C. Travel D. Equipment E. Supplies F. Contractual G. Construction H. Other internet, printing, postage, rent, phone, etc. I. Total Direct Expenses J. Total Request It is highly recommended that each Line item is researched, especially supplies and equipment, Please be sure to estimate costs based on the expectation that prices for transport and other goods will likely increase in the near future! It is important that the budget and estimated funding amounts are reasonable and allowable. Applicant should also describe the cost effectiveness and reasonableness of all costs. Indirect costs are not allowed. 10 points Required Expenses: These costs must appear in the budget as a direct expense or an in -kind contribution. New grantee orientation. RurAL CAP and ANTHC will be providing this meeting during the Alaska Tribal Conference on Environmental Management (ATCEM) in October 2010. The orientation training will include information on grant administration, financial management, purchasing, expectations, shipment of supplies, and environmental expertise. Statewide environmental conference: to present project results. This can be ATCEM, AK Forum, Tribal Leaders Summit, etc. -142- 3. Attachments: These are not included in the 10 page limit. A. Tribal Support: Applicants should demonstrate that they have tribal support for the project. This can be in the form of a letter or resolution with the signature from an Authorized elected Tribal Official. 10 points B. Letters of Support from Partners: Applicants should demonstrate that any organization who will partner with them is committed to the project. A support letter with the signature of the leader of the organization, agency or other entity should be included. C. Resumes of Key Staff: Applications must be received no later than 5prn September 9, 2010. Applications can be mailed, hand delivered or e- mailed Completed applications can be mailed to: Alaska Tribal Multi-Media Projects c/o RurAL CAP P.O. Box 200908 Anchorage, AK 99520 -0908 Applicatio received after the sub will not be considered. For more information or to e-mail your application contact: ion date Alaska Native Tribal Health Consortium (ANTHC) Desiree Roehi 907 729 -3496 droehla.anthc.orq Rural Alaska Community Action Program (RurAL CAP) Aaron Salkoski(AJ) 907-865-7353 Asa lkoski(al ru ra lcap. com Full solicitation can be viewed at vtww.ruralcap.com or httpJ/ www. anthe.orq /chslceslhve%index.cfm for more information Page 4 of 4 DEPARTMENT OF NATURAL RESOURCES Kevin R 'tanks, Dir etor Division of Oil and Gas DIVISION OF OIL GAS Township 12 North, Range 9 West, Seward Meridian, Sections 1 -4, 9, 12, 16 -20; and Township 12 North, Range 10 West, Seward Meridian, Sections 13 -14, 23 -26. STATE OF ALASKA NOTICE OF APPLICATION FOR APPROVAL OF THE NORTHWEST COOK INLET UNIT Date of Publication within Anchorage Daily News and Peninsula Clarion: August 15, 2010. This notice also appears on the State of Alaska website at http://www.dnr.state.ak.us. SEAN PARNELL, GOVERNOR 550 WEST 7'" AVENUE, SUITE 1100 ANCHORAGE, ALASKA 99501-3560 PHONE: (907) 269 -8800 FAX: (907) 269 -8938 RECEIVED AUG 11 2010 KEN AI CITY CLERK The Department of Natural Resources (Department) gives notice of an application to form the Northwest Cook Inlet Unit. 11 AAC 83.311. The proposed Northwest Cook inlet Unit (NWU) is located within the Cook Inlet of Alaska adjacent to the North Cook Inlet Unit. The Unit Operator, Buccaneer Alaska, LLC (Buccaneer), whose address is 2500 Tanglewi.lde Avenue, Suite 340, Houston, TX 77063, filed the NWU application with the Department on July 12, 2010. The proposed NWU covers approximately 10,008 acres within six State of Alaska leases, which includes all or portions of the following lands: In accordance with 11 AAC 83.306, geological, geophysical, and engineering data were submitted in support of the application. The unit will be approved if consistent with 11 AAC 83.303 and other applicable statutes and regulations. Copies of the non confidential portions of the application, including accompanying exhibits and materials, may be obtained by writing the Division of Oil and Gas, Units Section, 550 West 7 Ave., Suite 1100, Anchorage, AK 99501 -3560. The department charges a photocopy fee of $0.25 per sheet. 11 AAC 05.010(a)(16)(C). Any person may file written comments on the application. Comments must be received by 4:30 p.m., Tuesday, September 14, 2010, and should be mailed to the Division of Oil and Gas, at the above address, to the attention of Patricia Bettis, Unit Manager. The Department will review and consider all timely written comments. The Commissioner will approve or disapprove the proposed unit application considering the criteria contained in 11 AAC 83.303, 11 AAC 83.351 and. 11 AAC 83.356, within 60 days after the close of the public comment period. Individuals or groups of people with disabilities, who require special accommodations, auxiliary aids or services, or alternative communication formats, please contact Celeste Hayes at (907) 269 -8507, or TDD (907) 269 -8411 (at least 5 days before end of comment period). "Develop, Conserve, and Entrance Natural Resources for Present and Future Alaskans." -143- DEPARTMENT OF NATURAL RESOURCES R. Banks, Director DIVISION OF OIL GAS Township 9 North, Range 12 West, Seward Meridian, Sections 3 -10, 1.7 -20; and Township 10 North, Range 12 West, Seward Meridian, Sections 29 -32. STATE OF ALASKA NOTICE OF APPLICATION FOR APPROVAL 0 THE SOUTHERN CROSS UNIT Date of Publication within Anchorage Daily News and Peninsula Clarion: August 15, 2010. This notice so appears on the State of Alaska website at http: /www.dnr.state.ak.us. et Caead SEAN PARNELL, GOVERNOR 14 550 WEST 7'" AVENUE, SUITE 1100 ANCHORAGE, ALASKA 99501 -3560 P FA The Department of Natural Resources (Department) gives notice of an application to form the Southern Cross Unit. 11 AAC 83.311. The proposed Southern Cross (SCU) is located within the Cook Inlet of Alaska north of the North Middle Ground Shoal Field. The Unit Operator, Buccaneer Alaska, LLC (Buccaneer), whose address is 2500 Tanglewilde Avenue, Suite 340, Houston, TX 77063, Filed the SCU application with the Department on July 12, 2010. The proposed SCU covers approximately 10,188 acres within five State of Alaska leases, which include all or portions of the following lands: Copies of the non confidential portions of the application, including accompanying exhibits and materials, may be obtained by writing the Division of Oil and Gas, T snits Section, 550 West 7th Ave., Suite 1100 Anchorage, AK 99501 -3560. The department charges a photocopy fee of $0.25 per sheet. 11 AAC 05.010(a)(16)(C). In accordance with 11 AAC 83.306, geological, geophysical, and engineering data were submitted in support of the application. The unit will be approved if consistent with 11 AAC 83.303 and other applicable statutes and regulations. Any person may file written comments on the application. Comments must be received by 4:30 p.m., Tuesday September 14, 2010, and should be mailed to the Division of' Oil and Gas, at the above address, to the attention of Patricia Bettis, Unit Manager. The Department will review and consider all timely written comments. The Commissioner will approve or disapprove the proposed unit application considering the criteria contained in 11 AAC 83.303, 11 AAC 83.351 and 11 AAC 83.356, within 60 days after the close of the public comment period. Individuals or groups of people with disabilities, who require special accommodations, auxiliary aids or services, or alternative communication formats, please contact Celeste Hayes at (907) 269 -8507, or TDD (907) 269 -8411 (at least 5 days before end of comment period). c 2010 KENAI CI Y CLERK AUG "Develop, Conserve, and Enhance Natural kespyrccs for Present and Future Alaskans." Kenai Peninsula Borough August 17, 2010 7:00 PM Pete Sprague Assembly President Seat 4 Soldorna Term Expires 2010 Hal Smalley Assembly Price President Seat 2 Kenai Term Expires 2011 Paul Fischer Assembly Member Seat 7 Central Term Expires 2010 Mako Haggerty .Assembly Member Seat 9 South Peninsula Term Expires 2012 Gary Knopp Assembly Member Seat 1 Kalrfarnsky Term Expires 2012 Sue McClure Assembly Member Seat 6 East Peninsula Term Expires 2012 Charlie Pierce Assembly Member Seat 5- Sterling /Funny River Term Expires 2011 Bill Smith Assembly Member Seat 8 Homer Term Expires 2011 Gary Superman Assembly Member Sea: 3 Niki.ski Terra Expires 2010 A. CALL TO ORDER B. C. F. G. I. 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 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 *1. August 3, 2010 Regular Assembly Meeting Minutes 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) 1. 2010 Community Economic Development Strategy and Business Gap Analysis, John Torgerson, Executive Director of the Kenai Peninsula Economic Development District and Tom Sloan, Vista Volunteer (10 minutes) 2. Central Peninsula Hospital Quarterly Report (10 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) K. MAYOR'S REPORT Agreements and Contracts Authorizing Award of Contract for the CES Fire Equipment Building Ciechanski Road, Kenai 13 August 7, 2010 Page t of 5 -145- 2. Other Spruce Bark Beetle Program Monthly Status Report for July, 2010 15 b. Letter of Cancellation of Grant THP- 09 -KPB -1 Tyonek. Teacher Housing Project 19 e. Litigation Status Report 20 L. ITEMS NOT COMPLETED FROM PRIOR AGENDA None M. PUBLIC HEARINGS ON ORDLNANCES (Testimony limited to 3 minutes per speaker) 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) (Referred to Finance Committee) 23 2. 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) (Referred to Finance Committee) 32 N. UNFINISHED BUSINESS None O. NEW BUSINESS I, Bid Awards 2. Resolutions Resolution 2010 -071: Authorizing Capital Improvement Project Cost Allocation and Award of a Contract for the 2010 Cozy Firelight Street, Alder Avenue, Wildlife Avenue, Tributary Avenue and White Spruce Avenue Capital Improvement Project C1.COZ (Mayor) (Referred to Finance Committee) 42 Resolution 2010 -072: Supporting the Cook. Inlet Natural Gas Storage Facility at Kenai, Alaska Permitting Process (Mayor) (Referred to Policies and Procedures Committee) 46 Resolution 2010 -073: Requesting the United States Postal Service Use the Nikiski Zip Code for Mail. Delivery Residents in the Nikiski Area (Mayor) (Referred to Policies and Procedures Committee) 51 August 17, 2010 Page 2 of 5 -146- *c. 3. Ordinances 4. Other Resolution 2010 -074: Accepting Communication Equipment From the State of Alaska Division of Homeland Security and Emergency Management on behalf of the Bear Creek Fire Service Area (Mayor) (Referred to Finance Committee) 57 Resolution 2010 -075: Accepting $38,500 from the State of Alaska for the Kenai Peninsula Borough's Coastal Management Program (Mayor) (Referred to Finance Committee) 70 a. Ordinance 2010- 19 -13: Accepting and Appropriating $209,272 from the U.S. Department of Interior for the Adopt -A- Stream Program Under the Coastal Impact Assistance Program (Mayor) (Hearing on 09/21/10) (Referred to Finance Committee) 76 Ordinance 2010 -31: Authorizing the Assessor to Accept the Late -Filed Senior Citizen Exemption Application of Jean M. Holben for 2010 (M.cClure, Mayor) (Hearing on 09/21/10) (Referred to Policies and Procedures Committee) 85 Ordinance 2010-32: Amending KPB 5.28.320 Regarding Appeals from Contract Awards (Sprague) (Hearing on 09/21/10) (Referred to Policies and Procedures Committee) 92 Ordinance 2010 -33: Amending KPB 5.18.400 to Correct an Error Regarding the Sale Tax Percent (Mayor) (Hearing on 09/21/10) (Referred to Finance Committee) 97 Ordinance 2010 -34: Amending KPB 2.45.010 to Change the Title of the Emergency Management Department to the Office of Emergency Management and Identify the Principle Executive (Mayor) (Hearing on 09/21/10) (Referred to Policies and Procedures Committee) 100 *a. Approval of Ballot Proposition Summaries (Referred to Policies and Procedures Committee) 104 Proposition 1: Educational Capital Improvement General Obligation Bonds Proposition 2: Adopting a Manager Plan of Government to be Effective after the 2011 Election August l7, 2010 Page 3 of 5 -147- P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS 1. September 7, 2010 Regular Assembly Meeting 7:00 PM Soldotna R. ASSEMBLY COMMENTS S. PENDING LEGISLATION (This item lists legis a 'on which will be addressed at a later date as noted.) 1. 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) Tabled 08/03/10 2. 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) 3. Ordinance 201 0 Accepting and Appropriating $50,000 from the State of Alaska to Central Emergency Service Area for Off Ro ad Vehicles (Mayor) (Hearing on 09/07/10) (Referred to Finance Committee) 4. 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) 6. 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) 7. 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 -29: Authorizing the Sale of Certain Parcels of Borough Land by Sealed Bid (Mayor) (Hearing on 09/07/10) (Referred to Lands Committee) August 17, 2010 Page 4 of 5 -148- 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) T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on September 7, 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), KBB1 -AM 890 (South Peninsula), K201.40-FM 88.1 (East Peninsula). Copies of agenda items are available at the Borough Clerk'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.kenaitak.us for copies of the agenda, meeting summaries, ordinances and resolutions. August 17, 2010 Page 5 of 5 -149- NOTICE OF PUBLIC HEARING AUGUST 18, 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. 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. (Clerk's Note: At its August 4, 2010 meeting, Council postponed action on Ordinance No. 2499 -2010 to August 18, 2010. The motion to adopt is active and on the floor.) 2. Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by $11,869.00 in the Airport Fund and by S474,760.00 in the Runway Improvement Capital Project Fund for Additional Changes of the Airport Apron Pavement Rehabilitation Project. 3 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. Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant. 5. Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation. 6. Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by $281..80 in the PRISM Special Revenue Fund. 7. 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. 8. 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). 9. 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. 10. Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by 5150,000.00 in the Municipal Park Improvements Capital Project Fund. 11. Resolution 2010 -48 Awarding a Contract to Kenai Welding for the Project Entitled Kenai North Dunes Elevated Light Penetrating Walkway /Ramps Supply Related Appurtenances -2010 for the Total Amount of $34,500.00. 12. Resolution No. 2010 -49 Honoring and Remembering Senator Ted Stevens. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol. L. Freas, City Clerk Posted: August 13, 2010 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF AUGUST 18, 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. 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. 2. Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by $1.1,869.00 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. 3 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. 4. Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant. 5. Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by S 1,000.00 in the General Fund for Library Travel and Transportation. 6. Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund. 7. 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. 8. 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). 9. 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. 10. Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by $150,000.00 in the Municipal Park Improvements Capital Project Fund. 12. Resolution No. 2010 -49 Honoring and Remembering Senator Ted Stevens. 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 19, 2010 Resolution 2010 -48 Awarding a Contract to Kenai Welding for the Project Entitled Kenai North Dunes Elevated Light Penetrating Walkway /Ramps- Supply Related Appurtenances -2010 for the Total Amount of $34,500.00. AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 18, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1, Tom Sloan, Kenai Peninsula Economic Development District Business Gap Analysis Survey 2. Trent Dodson, Director of Public Outreach for Cook Inlet, Cook Inlet Regional Citizens Advisory Council Update on Cook Inlet Regional Citizens Advisory Council Activities. 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. 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. (Clerk's Note: At its August 4, 2010 meeting, Council postponed action on Ordinance No. 2499 -2010 to August 18, 2010. The motion to adopt is active and on the floor.) 2. 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. 3 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. 4. Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant. 5. Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation. 6. Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund. 7. 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. 8. 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). 9. 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. 10. Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by 5150,000.00 in the Municipal Park Improvements Capital Project Fund. 11. Resolution 2010 -48 Awarding a Contract to Kenai Welding for the Project Entitled Kenai North Dunes Elevated Light- Penetrating Walkway /Ramps Supply Related Appurtenances -2010 for the Total Amount of $34,500.00. 12. Resolution No. 2010 -49 Honoring and Remembering Senator Ted Stevens. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000. 3. *Ordinance No. 2509 -2010 Amending the Official Kenai Zoning Map by Rezoning Southeast 1 /4 Southeast 1/4 Section 4, Township 5 North, Range 11 West, Seward Meridian (SE Y SE Sec. 4, T5N, R11W S.M.) from Rural Residential (RR) to Heavy Industrial (IH). 4. *Ordinance No. 2510 -2010 Increasing Estimated Revenues and Appropriations in the Airport Improvement Capital Project Fund for Phase 1 of the Float Plane Basin Development. 5. *Ordinance No. 2511 -2010 Increasing Estimated Revenues and Appropriations in the Congregate Housing Improvements Capital Project Fund for Replacement of the Facility's Siding. 6. Discussion Schedule Council Work Session/Town Hall Meeting and Collaborative Leadership Training Review. (Clerk's Note: This topic was originally calendared for discussion at the May 19, 2010 Council Meeting, the item was then postponed to the June 2, 2010 Council Meeting, and then subsequently deferred to the August 18, 2010 Council Meeting.) 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 D1211 ro 0 w w n c h g w- m ro c� rn p wro o CO m u> vo F w N) e v 9 0 w ii) it:" m m mm Y n j S o w 00 o o vD "o D -fn 711 c D 0, 13 ('JD O (n OG)O" Om� DOD O A pD O T� D OOM' DO a' O C Z0 Gn:��o:0 �mo,a Ow -90 o�3^<O� G�-nay aP)o. c aaa c s a. 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