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Home My WebLink About2010-11-23 Council PacketCOUNCIL MEETING DATE: AGENDA DISTRIBUTION MAKE 28 PACKETS COUNCIL PACKET DISTRIBUTION lX .&C4 or) Mayor/Council Clerk Police Department Senior Center Library (2) Fire Department Projects Manager Attorney City Manager vt- Finance f- Parks Recreation C Student Rep. V-. Hall Binder Feltman /Floyd Kebschul l /Carver Christine Clarion Mellish Schmidt Sewer Treatment Plant Shop Building Maintenance Water /Sewer Streets Dock Animal Control Counter DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, Mellish Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera -ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsu /a Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or lbell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. 4. m if 4 LE 4,4 4 -..,Ora fr4memamm„- Mr- mar,a 4's: m 71,‘ "If v- ENCt M4 ic,_ P1ZOfl 4iv 4 r) vcW• Y yee.\,\ \kr-V-, v c4, 1.1 TESTIMONY SIGN-IN SHEET Cz A Ba0 NMI 1 MOORE 1-- 1 GABRIEL f" 1 MOLLOY n BOYLE f PORTER EY *XI !UIS p O L1J i_1 O 0 2 al cc La H cc 0 LL1 LL1 O m O 2 0 w co z 0 D 0 (a 0 -J 0 w -J 0 CO w 0 w 0 0 w 0 02 "T. z 2 IJ- 0 0 0 cr 2 COUNCIL MEETING OF: ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 23, 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 *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Resolution No. 2010 -63 Authorizing the Transfer of $20,000 from the Police Salaries Account to the Police Overtime Account ITEM E: MINUTES 1. *Regular Meeting of November 3, 2010 2. *Special Meeting of November 10, 2010 ITEM F: UNFINISHED BUSINESS 4 19 ITEM G: NEW BUSINESS 1. Bills to be Ratified 22 2. Approval of Purchase Orders Exceeding 15,000 23 3. *Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions 24 4. *Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council 34 5. *Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by S4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures 6. *Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by $2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council 38 7. Discussion Confirm /Schedule Work Session with Legislators 40 8. Discussion Schedule Work Session Wind Power Generation Study ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 41 4. Library Commission 45 5. Parks Recreation Commission 49 6. Planning Zoning Commission 51 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report 58 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 59 2. City Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) 36 ITEM M: ADJOURNMENT INFORMATION ITEMS NOVEMBER 23, 2010 Page No 1. 11/23/2010 Purchase Orders Between 52,500 and $15,000 for council review 72 2. Budget Transfer in Capital Projects in excess of 5,000 3. Memorandum from Fire Chief Tilly regarding Ambulance Fees for Mileage 73 4. Memorandum from City Planner Kebschull regarding Signs in Right -of -Way 77 5. Smalley Application for Commissions and Committees 79 6. Trudeau Application for Commissions and Committees 80 7. Kenai River Special Management Area Board Meeting Minutes of November 11, 2010 81 8. Letter to Daubenspeck regarding Naming of Daubenspeck Family Park 86 ary KENA CITY OF KENAI RESOLUTION NO. 2010 -63 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE TRANSFER OF $20,000 FROM THE POLICE SALARIES ACCOUNT TO THE POLICE OVERTIME ACCOUNT. WHEREAS, the Police Overtime account is significantly depleted due to police vacancies, new hire training, annual training, dipnet responsibilities, significant investigations, and an officer being on light -duty; and, WHEREAS, in order for patrol officers to have adequate shift coverage, and the community to receive adequate service, officers have worked significant amounts of overtime; and, WHEREAS, due to nearly seven combined months of police vacancies the Police Salaries account has a surplus of approximately $35,000 in unspent salaries for FY11; and, WHEREAS, it is estimated that the budgeted Police Overtime amount of $59,959 will be nearly 100 percent depleted by December 1; and, WHEREAS, the Police Department is requesting the transfer of $20,000 from the Police Salaries to the Police Overtime account to cover overtime costs over the next several months. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that $20,000 shall be immediately transferred from the Police- Salaries account to the Police Overtime account. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 23rd day of November, 2010. ATTEST: Carol L. Freas, City Clerk ,n Approved by Finance: 1 PAT PORTER, MAYOR hcc of KEN Al, ALASKA MEMO: "f/illaye with a Past, C# with a Future Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907 -283 -7879 FAX: 907- 283 -2267 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 11/16/10 SUBJECT: Requesting Resolution for Budget Transfer of $20,000 from Police Salaries to Police Overtime As of 11/16/10, the Police Overtime account is 81.7 percent depleted. I expect the account to show nearly 100 percent depletion on December 1. Officers have worked significant overtime in the first 4.5 months of this fiscal year for the following reasons: Dedicated dipnet overtime shifts for officers and SEO's. Significant investigations. Veteran officers covering shifts while three new officers are hired and trained. A veteran officer on light -duty due to off -duty injury. Due to vacancies in the first four months of this year, the Police Salaries account has nearly 7 months combined in unpaid salaries. This leaves a surplus of unpaid salaries at around $35,000. The Police Department will continue to deplete overtime, at more significant rates than normal, until two new officers are trained and working shifts on their own. One of those officers will complete training in February, and the other will complete training in June. The FY11 Police Overtime budget is $59,959, and is currently depleted to $10,990.52 (much of which will be depleted by Dec. 1). The KPD administration conservatively manages the overtime budget, but we are regularly required to schedule overtime shifts to ensure adequate patrol coverage; and also to ensure that officers receive annual training. Officers must have adequate back -up on 1992 patrol, and the community must have adequate service. I appreciate the extended work hours and hard work that we have required of veteran officers over the last several months. I am requesting a resolution transferring $20,000 from the police salaries account to the police overtime account to cover expected overtime costs over the next several months. 3 ITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 3, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.aic. us 1. Pledge of Allegiance 2. Roll Call 3. ELECTION OF VICE MAYOR 4. Agenda Approval 5. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) *Ali 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 (Pu blic comment limited to 10 minutes per speaker) ITEM C• UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (4estirn.ony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may sneak for more than. 30 minutes combined on their own and on others' behalf.) 1. Ordinance No. 2516 -2010 Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. 2. Ordinance No. 2517 -2010 Decreasing Estimated Revenues and Appropriations by $8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the Insurance Company. 3. Ordinance No. 2518 -2010 Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA Improvements. 4. Resolution No. 2010 -61 Awarding a Contract to Alaska Sure Seal for Snowplowing /Sanding Services at the Kenai Airport for an Amount Not to Exceed $25,000. 4 ITEM E: MINUTES 1. *Regular Meeting of October 20, 2010. ITEM F: UNFINISHED BUSINESS ITEM 0: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 Action /Approval Assignment and Assumption of Lease Agreement from Kathy Chircop d /b /a Reflection Realty Group of Kenai to Alaska Realty Group, Inc. 4. Action /Approval Amendment /Kenai Convention Visitors Bureau, Inc. Facilities Management Agreement of the Kenai Visitors Cultural Center. 5. Discussion /Action Schedule Board of Adjustment Hearing /Vincent L. Goddard, on Behalf of the Inlet Entities in the Matters of: Appeal of Planning 86 Zoning Commission Approval of PZ 10 1 An Application for a Conditional Use Permit for a Natural Gas Storage Facility for the Property Known as SE 1 4 SE 14 Section 4, Township 5 N, Range 11 W SM (1377 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989; and, PZ 10 -42 An Application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the Property Known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. 6. Discussion /Action Council Commission /Committee Liaison Assignments. 7. Discussion /Action: Telephonic Participation for Planning Zoning Comrnissioners at Commission Meetings. 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 5 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 limit to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legisla addressed at a later date as noted.) ITEM M: ADJOURNMENT 6 on w ch will be ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Ryan Marquis Pat Porter, Mayor Terry Bookey KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 3, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www. ci. ken ai. ak u s MINUTES Robert Molloy Joe Moore A quorum was present. Also present: Student Representative Hannah Coffman A -3. ELECTION OF VICE MAYOR The floor was opened for nominations. Mike Boyle Brian Gabriel Council Member Moore nominated Council Member Ryan Marquis and Council Member Gabriel SECONDED the nomination. Council Member Molloy nominated Council Member Boyle and Council Member Bookey SECONDED the nomination. With no other nominations to be made, the floor was closed to nominations. Council Members voted paper ballots and when completed, forwarded the ballots to City Clerk Freas. After counting the ballots, Freas announced Council Member Boyle received four votes and Council Member Marquis received three votes. Council Member Mike Boyle was elected as Vice Mayor. A -4. AGENDA APPROVAL 7 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 2 The following changes were requested: ADD TO: Item 0-5, Scheduling Board of Adjustment Hearing City Clerk memorandum identifying dates when parties would not be available. ADD TO: Item 0-6, Council Commission /Committee Liaison Assignments Draft Proposed Assignments ADD AS: Item G -S, Schedule Board of Adjustment Hearing Appeal of Enforcement Order submitted by Lyford Disque. ADD TO: J -I, Report of City Manager Memorandum related to Little David Back Projects /Initiative to Increase the Minimum Project Value Limit for Projects to $50,000. MOTION: Council Member Moore MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend the Requested Additions /Changes to the Agenda by correcting the reference to "David Black" to read "Davis- Bacon" and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no public comments. VOTE: There were no ohjections. SO ORDERED. 8 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 3 ITEM B: None. ITEM C: SCHEDULED PUBLIC COMMENTS (Public comment limited to 20 minutes per speaker) UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Gary Knopp, Assembly President, 50465 Patrick Drive, Kenai Spoke in support of a proposed letter of support related to proposed amendments to the Little Davis Bacon Act (added to the City Manager Report at beginning of the meeting), and initiative to increase the minimum project value limit for projects to $50,000. Barry Eldridge, 2679 Bowpicker Lane, Kenai Suggested the City reestablish the "City of Lights" program and light up more of the public buildings for the holiday and winter season. Carol Bannock, Executive Director, Kenai Chamber of Commerce, 1908 Aliak, Kenai Bannock stated the Chamber supported the lighting program; reported a representative from Buccaneer Alaska would be speaking at the Chamber luncheon on November 10; and thanked the City for its financial support for the fireworks program for the "Christmas Comes to Kenai" event. ITEM D: D -1. MOTION: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present. however 710 single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2516 -2010 Increasing Estimated Revenues and Appropriations by $13,800 in the Visitors Center Fund for Professional Services to Provide for a Collection Inventory. Council Member Marquis MOVED for adoption of Ordinance No. 2516 -2010. Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was noted, the funds would come from the General Fund. VOTE: *Student Representative Coffman. Yes Marquis Yes 1 Molloy 9 I Yes Boyle J Yes Porter Yes Moore 1 Yes Gabriel Yes Bookey Yes Gabriel Yes Bookey rYes Marquis I Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey rYes KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 4 MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2517 -2010 Decreasing Estimated Revenues and Appropriations by S8,167.75 in the Congregate Housing Capital Project Fund Due to the Settlement Reached With the insurance Company. Council Member Marquis MOVED for adoption of Ordinance No. 2517 -2010 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2518 -2010 Increasing Estimated Revenues and Appropriations by $30,000 in the General Fund and Vintage Pointe Capital Project Funds for Needed ADA improvements. MOTION: Council Member Marquis MOVED for adoption of Ordinance No. 2518 -2010 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes Marquis Yes Porter I Yes Bookey Yes Molloy Moore 10 Yes Boyle Yes Gabriel Yes Yes KENAI CITY COUNCI NOVEMBER 3, 2010 PAGE 5 EET[NG MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2010 -61 Awarding a Contract to Alaska Sure Seal for Snowplowing /Sanding Services at the Kenai Airport for an Amount Not to Exceed $25,000. MOTION: Council Member Marquis MOVED for approval of Resolution No. 2010 -61 and requested UNANIMOUS CONSENT The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of October 20, 2010 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Marquis MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. 50 ORDERED, G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Marquis MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: 11 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 6 There were no objections. SO ORDERED. G -3. Action /Approval Assignment and Assumption of Lease Agreement from Kathy Chircop d /b /a Reflection Realty Group of Kenai to Alaska Realty Group, Inc. MOTION: Council Member Moore MOVED to approve the Assignment and Assumption of Lease Agreement from Kathy Chircop d /b /a Reflection Realty Group of Kenai to Alaska Realty Group, Inc. and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -4. Action /Approval Amendment/Kenai Convention Visitors Bureau, Inc. Facilities Management Agreement of the Kenai Visitors Cultural Center. MOTION: Council Member Bookey MOVED for approval of the Amendment to the Kenai Convention Visitors Bureau, Inc. Facilities Management Agreement of the Kenai Visitors Cultural Center and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -5. Discussion /Action Schedule Board of Adjustment Hearing/ Vincent L. Goddard, on Behalf of the Inlet Entities in the Matters of: Appeal of Planning Zoning Commission Approval of PZ10 An Application for a Conditional Use Permit for a Natural Gas Storage Facility for the Property Known as SE1 /4 SE14 Section 4, Township 5 N, Range 11 W SM (1377 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989; and, PZ10 -42 An Application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the Property Known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application Submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. 12 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 7 Council Member Molloy disclosed a possible conflict of interest in that Vincent Goddard was a former client of his; he wanted to disclose the issue now and would bring it up again at the Board of Adjustment Hearing for the Chair to make a ruling; the cases in which he represented Goddard individually were closed in 2004 and the files were in storage; he also represented Goddard individually with debt collections for Inlet Salmon which took place in 2002 and 2003 (those files were also in storage); and, he had not been engaged with Goddard since 2004 and he was not currently a client. Molloy noted, he had no financial interest directly or indirectly with the appeals and he intended on participating as a Board of Adjustment member. Molloy stated he would request an opinion from City Attorney Stearns for the Chair's use in her ruling. Attorney Stearns recommended the City Clerk notify Goddard of the disclosure. Both issues would be taken up at the same time Council scheduled a Board of Adjustment Hearing for Monday, December 13, 2010 and to begin at 6:00 p.m. G -6. Discussion /Action Council Commission /Committee Liaison Assignments. The following assignments were made Council on Aging Council Member Boyle Airport Commission Council Member Marquis Harbor Commission Council Member Gabriel Library Commission Council Member Marquis Parks Recreation Council Member Moore Planning Zoning Commission Council Member Molloy (primary); Council Members Gabriel, Bookey and Marquis (alternates) Beautification Committee Mayor Porter Mini -Grant Steering Committee Mayor Porter Kenai River Special Management Advisory Board Administrative Staff Member Economic Development District Barry Eldridge (citizen)) Cook Inlet Regional Citizens Advisory Council John J. Williams (citizen) Kenai Visitors Convention Bureau Board Council Member Bookey Kenai Economic Development Strategy Barry Eldridge (citizen) /Mayor Porter Alaska Municipal League Council Member Bookey A suggestion was made for Council Member Bookey to apply for placement on the Alaska Municipal League Board of Directors. There were no objections from Council. G -7. Discussion /Action: Telephonic Participation for Planning Zoning Commissioners at Commission Meetings. 13 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 8 Council Member Molloy reported the issue was discussed by the Planning Zoning Commission and the Commission was divided on requesting the Council to consider an ordinance to allow its members to participate telephonically at Commission meetings. Those opposing cited Commission members should be present when it sits at public hearings to hear testimony, etc., and receiving lay -down documents is sometimes difficult when traveling; those in favor cited allowing telephonic participation would help when members are traveling if the member reads the packet prior to the meeting. Council questions/comments included: Request an opinion from City Attorney Stearns, looking for a compromise with implications /consequences if a member would be able to be counted in determining a quorum, and voting effects on conditional use permits, etc. If participating telephonically, would it limit the Commission's authority? Currently, several members of the Commission traveled regularly. 0 -8. Schedule Board of Adjustment Hearing Appeal of Enforcement Order Submitted by Lynford Disque. Council scheduled a Board of Adjustment Hearing for 6:00 p.m., November 23, 2010. ITEM H: COMMISSION /COMMITTEE REPORTS II-1. Council on Aging Council Member Boyle reported the November 11 meeting had been rescheduled for November 18, 2010 at 4:30 p.m. (Clerk's Note: The November meeting had been cancelled.) H -2. Airport Commission Council Member Moore reported the November 11, 2010 meeting had been cancelled. 11 -3. Harbor Commission Project Manager Lyon noted there was no quorum for the October 11 meeting, however those present did review the Commission's goals. Victoria Askin and Barry Eldridge were appointed to the Harbor Commission, H -4. Library Commission Council Member Marquis reported the next meeting was rescheduled to November 9. H -5. Parks Recreation Commission Director Frates reported a work session was held in October to discuss the Commission's capital improvement list. A second work session was scheduled for November 4. H -6. Planning Zoning Commission Council Member Molloy reviewed the October 27, 2010 meeting minutes included in the packet and noted a work session 14 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 9 on a proposed kennel ordinance and beekeeping ordinance would be held prior to the November 10 meeting. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:10 P.M. H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No report H -7b. Alaska Municipal League Report No report. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Director Ala reported the next meeting was scheduled for November 22. H -7e. Reports of KPB Assembly, Legislators and Councils No report. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she made a presentation to the Anchorage Chamber of Commerce; visited Kaleidescope School to view paper mache projects (some would be put on display at City Hall); she would be speaking at the Alternative High School; and, she would be make a presentation to the Native elders on Veterans Day. ITEM J: ADMINISTRATION REPORTS J -I. City Manager City Manager Koch noted the following: Would like to schedule a work session to be held in January related to the reframing the Equipment Replacement Fund and its budgetary impact It was requested the work session be scheduled at the December 15, 2010 meeting. He would be attending an ANGA meeting on November 10 as well as a meeting with FAA with Airport Manager Bondurant related to grant assurances and the Airport Master Plan. He would be meeting with the Governor in two weeks, but would not attend the AML Conference. Referred to the draft letter of support and resolution to amend the Little Davis -Bacon Act; reviewed the need for updating Title 36 by the Legislature; and requested approval of Council for Administration to send the letter of support. Council discussion followed with comments including: Concern the issue had not been advertised for the public's knowledge. Concern in approving the letter of support without having time to study the issue more. Question of why previous efforts to increase the threshold had been failed by the Legislature. 15 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 10 Did not oppose the letter as it would put the Alaska Municipal League on notice the Council would be considering a resolution of support. Some businesses profit from the Davis -Bacon Act by preparing certified payrolls for small businesses. The draft letter was proposing the City's support before Council's consideration of a resolution. Suggestion the letter could be amended to say "tentative support" and "will consider," however, the letter still stated opinion. Suggestion a. special meeting could be held to consider a resolution and would. MOTION: Council Member Molloy MOVED to hold a special meeting next week on a resolution to be given a number by Administration, the draft of which is in the packet and the meeting would be limited to a resolution of the City of Kenai, requesting that the Alaska Legislature amend AS 36.05.070 to require Little Davis -Bacon Act compliance for public construction projects in excess of $50,000, and to provide a more detailed definition of construction and maintenance. Council Member Boyle SECONDED the motion. VOTE: *Student Representative Coffman: No Marquis Porter Bookey MOTION PASSED. Yes Molloy Yes Boyle No [Moore No Gabriel Yes t Yes No The special meeting was scheduled for Wednesday, November 10, 2010 at 5:00 p.m. Koch also reported the three new firefighter positions had been hired and the dip net report would be available to the Council soon, It was suggested Koch meet with the owners of the AIN building and Professional Building to inquire of plans and /or problems they may be having in doing something with the buildings. It was noted, he could contact them, but the individuals would be under n.o obligation to tell him of their plans for the buildings. J 2. Attorney City Attorney Steams reported she would be attending the Municipal Attorneys meetings and the AML Conference and would be discussing the Open Meetings Act with the City Clerks. 16 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 11 A brief discussion took place with regard to the presentation of information at the Goddard Board of Adjustment Hearing. Stearns noted she would be researching standards with regard to presentation of issues, etc. Stearns also reported service of process had not yet been obtained in the Rodes case. J -3. City Clerk Clerk Freas noted the following: Referred to her memorandum included in the packet with regard to a suggestion the placement of "Reports of KPB Assembly, Legislators and Councils" be moved to the beginning of the meeting and added, an ordinance would be prepared to do so if Council requested. No action was taken by Council to bring forward an ordinance to consider. Reminded Council of its work session for November 4 related to a credit card allowance program and that a packet for the work session was available in their mailboxes as well as on the City's webpage. Reported absentee voting had finished for the State General election and that approximately 400 people had voted at the Kenai City Hall site. She also noted Election Day had gone smoothly. Freas was requested to provide to Council the number of hits of the streamed council meetings, an updated Deputy City Clerk job description, and reduction of paper efforts at the first January meeting. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. No comrnents. Citizen Comments (Public comment limited to 5 minutes per speaker) K -2. Council Member Comments Boyle Stated he looked forward to serving as the liaison to the Council on Aging again and thanked the Council for their confidence in electing him as Vice Mayor. Molloy Thanked the Clerk and Deputy Clerk for their work during the election cycles; thanked Finance Director Eubank for the financial reports included in the packet; and thanked Wayne Ogle for his work as the Public Works Director. Marquis Reported the "Trunk or Treat" held at the Recreation Center received a very good turnout and thanked Administration for its work in preparing the Land reports which were provided to the City Council. Coffman Reported on upcoming sport events at the high school as well as encouraging all to attend the school play. 17 KENAI CITY COUNCIL MEETING NOVEMBER 3, 2010 PAGE 12 Bookey Thanked those who spoke during the meeting and the Mayor for her visit to the Kaleidoscope School. Gabriel Thanked the Clerk and Deputy Clerk for their election work; looked forward to working with the Harbor Commission; and reported his children were taking advantage of the video streaming and were listening/watching the meeting. Mere No comments. EXECUTIVE SESSION None scheduled. ITEM L: FENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:00 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session. discussion. Advisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes s be recorded in the minutes. A student representative may not move or second items during a council meeting. 18 ITEM A: CALL TO ORDER ITEM 8: 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval ITEM C: ADJOURNMENT AGENDA KENAI CITY COUNCIL SPECIAL MEETING NOVEMBER 10, 2010 5:00 P.M. KENAI CITY COUNCIL CHAMBERS http: 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 speaktbr more than 30 minutes combined on. their own and on others' behalf.) Resolution No. 2010 Requesting the Alaska Legislature to Amend AS 36.05.070 to Require Little Davis -Bacon Act Compliance for Public Construction Projects in Excess of $50,000 and to Provide a More Detailed Definition of Construction and Maintenance. 19 ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 5:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. The City Clerk took roll. Present were: 1 Rvan Marquis Pat Porter, Mayor Absent were: Council Members Terry Bookey and Joe Moore A quorum was present. A -3. AGENDA APPROVAL MOTION: Council Member Molloy 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. ITEM B• B -1. KENAI CITY COUNCIL SPECIAL MEETING NOVEMBER 10, 2010 5:00 P.M. KENAI CITY COUNCIL CHAMBERS h ttp: www. ci. ken ai,. ak. u s ROLL CALL 1 Robert Molloy Brian Gabriel MINUTES 20 ike Boyle. Vice Mayor 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.) Resolution No. 2010 Requesting the Alaska Legislature to Amend AS 36.05.070 to Require Little Davis -Bacon Act Compliance for Public Construction Projects in Excess of $50,000 and to Provide a More Detailed Definition of Construction and Maintenance. SPECIAL CITY COUNCIL MEETING NOVEMBER 10, 2010 PAGE 2 MOTION: Council Member Molloy MOVED to approve Resolution No. 2010 -62. Without a second offered, the motion died. ITEM C: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 5:04 p.m. Minutes submitted by: Carol L. Freas, City Clerk 21 0 0 2 F z 0 et v U O U 0 0 O LL O fH 0 Z W f„ O W N 2 J E Z Z O W a U 22 a Q -J U Z O U W Z o p N o a' O CO w CC z O u. y O w z F O W w CO Q a O O O 0 23 Z 0 h re w LPL' 0 z 0 0 0 0 0 0 0 0 0 '7 w J 7 w 7 2 w h H0 r z5 7 d w �IX U' z a -J w he tit/ f KENAI, ALA SKA Suggested by: Planning Zoning Commission CITY OF KENAI ORDINANCE NO. 2519 -2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 3 OF THE KENAI MUNICIPAL CODE, "ANIMAL CONTROL," TO AMEND THE DEFINITION OF THE TERM "KENNEL" TO DISTINGUISH BETWEEN COMMERCIAL AND NON- COMMERCIAL KENNELS, TO ESTABLISH A NOTICE PROCESS FOR KENNEL LICENSE APPLICATIONS AND RENEWALS, AND TO PROVIDE FOR A NEW APPEAL PROCESS OF KENNEL LICENSING DECISIONS. WHEREAS, the City of Kenai licenses kennel facilities where a person keeps four or more dogs over the age of four months; and, WHEREAS, the process for licensing kennels in the City does not currently require a public notice process for the licensing of kennels in the City; and, WHEREAS, the kennel licensing standards do not require the animal control officer to distinguish between kennels used for commercial purposes and kennels where the owner or licensee keeps four or more dogs for other purposes; and, WHEREAS, the City has an interest in regulating kennels to protect the safety of the animals where an owner of a kennel keeps a large number of animals to assure that the facilities and owner are capable of sustaining the animals in a healthy, humane manner; and, WHEREAS, the City also has an interest in supporting neighborhoods and established uses within zoning districts and recognizes that kennels rnay have an impact on the surrounding properties; and, WHEREAS, the process for licensing kennel facilities does not currently include a requirement that the City notify surrounding property owners about an application for a kennel license; and, WHEREAS, although the City's Department of Public Safety currently provides door to -door notice to persons owning property within 300 feet of a parcel for which a person has applied for a kennel license, this process is not required by City Code; and, WHEREAS, although the City Code has an appeal process for the licensing of kennel facilities and for revocation of kennel licenses, that process does not provide clear direction with respect to the steps to he followed; and, New Text Underlined [DELETED TEXT BRACKETED] 24 Ordinance No. 2519 -2010 Page 2 of 8 WHEREAS, it is desirable to have a more formal application and appeal process for kennel licensing and revocation in order to provide a better opportunity for licensees to state their positions and in order to provide better notice to members of the public and neighbors who are potentially affected by a kennel nearby their property; and, WHEREAS, the City of Kenai Planning Zoning Commission held a public hearing on October 27, 2010, and passed a resolution PZ 10 -38 recommending that the City Council adopt revisions to the City's animal control ordinances in order to distinguish between commercial and private kennels, to establish a notice process for applications and renewals, and to better define the appeal process on kennel licensing decisions. 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 3,05.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section, Definitions, is hereby amended as follows: 3.05.010 Definitions. As used in Title 3: (1) "Animal" means all domestic or domesticated members of the Kingdom Animalia. (2) "At large" means not under restraint (3) "Cat" means a domestic or domesticated member of the family Felidae. (4) "Current rabies vaccination" means a vaccination: ill)) As specified in the "compendium of animal rabies vaccines" prepared by the Rabies Subcommittee of the National Academy of Sciences and by the National Association of State Public Health Veterinarians, Inc. (1978); b. [(II)] Administered in accordance with state law; and c, ((11I)] Evidenced by a rabies vaccination certificate in a foit,i approved by the State Division of Public Health. (5) "Dangerous Animal" means any animal which due to improper or inadequate supervision or control has done an act harmful in its character to human beings or animals, regardless of whether the act is done in a playful or hostile manner. (6) "Dog" means a domestic or domesticated member of the family Canidae. New Text Underlined' [DELETED TEXT BRACKETED] 25 Ordinance No. 2519 -2010 Page 3 of 8 "Kennel" means [A PREMISES WHERE A PERSON KEEPS FOUR OR MORE DOGS OVER THE AGE OF FOUR MONTHS.] a. Kennel, Commercial means premises where four or more dogs over four months of age are owned, kept, boarded, bred and /or offered for sale. b. Kennel, Private means premises where four or more dogs over four months of age are owned or ke it for private eniovment. (8) "Impoundment" means: [(]a[)] The seizure of animals by the methods set forth in KMC 3.25.010(d). [(]b[)] Seizure of a vicious animal, (9) "Officer" means a person charged by law with the duty to enforce provisions of this title. (10) "To own" an animal includes having title, keeping, harboring and having custody or control of an animal. (11) "Person" includes individual, joint venture, partnership, corporation, or unincorporated association. (12) "Restrain" means: a. [(I)] physical confinement, as by leash, chain, fence, or building; or b. Will under competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or c. [(III)] under competent voice control when an animal is on the property of its owner. (13) "Sterile" means rendered incapable of reproduction by surgical operation. (14) "Vicious Animal" means an animal that has done an unreasonable act harmful to human beings or animals which act is done in a hostile manner. Any animal which has been twice adjudged a dangerous animal by a court of competent jurisdiction, whether by a plea of no contest or guilty or by trial, shall be considered vicious for purposes of penalties imposed by KMC 3.05.060(d). New Text Underlined; [DELETED TEXT BRACKETED] 26 Ordinance No. 2519 -2010 Page 4 of 8 Section 3. Amendment of Chapter 3.15 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 3.15. Licensed Facilities, is hereby amended in its entirety as follows: Chapter 3.15 LICENSED FACILITIES Sections: 3.15.010 Licenses required. 3.15.020 Licensing procedure. 3.15.030 License revocation. 3.15.040 Hearings Appeals. 3.15.050 Standards for operating facility. 3.15.010 Licenses required. No person may operate a kennel facility without having a license therefor issued pursuant to this chapter. 3.15.020 Licensing procedure. (a) Application for a license under this chapter shall be to the Chief Animal Control Officer. The application shall include: (1) The name and address of the applicant; (2) The number and breeds of dogs to be kept in the facility; (3) The type of facility the applicant proposes to operate under the license, and a description of the proposed facility. An application for a license for a kennel facility to be used for commercial purposes shall include a copy of a current Alaska Business License for the operation of the kennel and a Borough Sales Tax application or registration number; (Ord. 1522 -92) (4) The address of the premises where the applicant proposes to operate under the license, and the name and address of the owner of the premises; (5) A diagram of the premises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of New Text Underlined; [DELETED TEXT. BRACKETED] 27 Ordinance No, 2519 -2010 Page 5 of 8 (6) the premises on which dogs will be kept, and show the location and use of structures of adjacent lots. The diagram need not be based upon a formal survey of the premises. The license fee required by KMC 3.05.100; Proof of a current rabies vaccination for each dog kept in the facility that is over the age of three months. (b) The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. (c) The Animal Control Office shall not issue a license under this chapter until it has inspected the premises where the applicant proposes to operate the kennel facility, and determines that the kennel facility meets the standards set forth. in KMC 3.15.050 and that the applicant will operate the kennel facility in accordance with standards set forth in KMC 3.15.050. (d) The Animal Control Office shall prepare a written report of its [THE INSPECTION'S] findings; including any reason why the proposed facility does not meet the standards set forth in KMC 3.15.050 and any steps which the applicant may take to make the facility qualify for a license. The Animal Control Office shall give the applicant a copy of the report. (e) A license issued under this chapter shall expire on December 31 [ST] of the year in which it is issued. (f) An application to renew a kennel facility license shall be made [AT LEAST THIRTY (30) DAYS AFTER] before the current license expires, and shall be made in the same manner as an application for a new license, An applicant for renewal may rely upon materials submitted with a prior application for a kennel facility license provided that the information accurately portrays the current condition of the kennel facility and the applicant certifies that there have been no significant changes since the prior application, jg) Notification of an initial or renewal application shall he mailed to real property owners on the borough assessor's records within a three hundred (300') foot periphery of the parcel where the applicant proposes to operate the kennel facility. The notice shall provide a date by which any comments regarding the application should he submitted. During the comment period, the applicant or any person receiving notice under this subsection may request a public hearing about whether an application should be granted by the City. Upon timely request for a hearing, the Chief Animal Control Officer or his /her designee shall hold a hearing to determine whether the kennel New Text Underlined' [DELETED TEXT BRACKETED] 28 Ordinance No. 2519 -2010 Page 6 of 8 facility license should be issued, renewed, conditioned, limited, or denied. Notification of the hearing shall be mailed to real property owners listed on the borough assessor's records within a three hundred (300') foot periphery of the parcel that is the subject of the proposed action. The notice shall be mailed at least ten (10) days prior to the hearing and shall include the date, time, and place of the hearing. A copy of the decision shall be mailed to all notified property owners, all persons testifying or submitting comments and the applicant. (h)[(G)JThe applicant shall be informed in writing that the application or receipt of the license provided for in this chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough, or State laws or regulations. ji]j(H)) The applicant shall agree in writing that the kennel facility may be inspected by the Chief Animal Control Officer or his /her designee at any time during business hours of the permittee. 3.15.030 License revocation. (a) If an inspection of a facility licensed under this chapter reveals: (1) The kennel facility constitutes a health hazard; (2) The kennel facility violates a City or Borough ordinance or regulation; (3) The kennel facility violates a. provision of this title, a term, condition, or limitation of a license issued under this chapter or a City regulation promulgated under this title. The inspecting agency may so notify the operator of the facility, stating in writing the steps the operator may take to remedy the violation. (b) The inspecting agency shall allow a kennel facility operator who has been notified of a violation under subsection (a) of this section a reasonable time not exceeding fifteen (15) days to remedy the violation. At the end of that period, the inspecting agency shall re- inspect the kennel facility to determine whether the violation has been cured. (c) If after re- inspection, the inspecting agency determines the violation has not been cured or that new violations have occurred, the Chief Animal Control Officer may commence a proceeding to revoke the license for the facility under KMC 3.15.040. fd1 Before revoking a license under this chapter, the Chief Animal Control. Officer or his /her designee shall hold a hearing to determine whether the license should be revoked. If the license is revoked, the Animal Control Office shall prepare a written decision as to why the proposed facility does not meet the standards set forth in KMC 3.15.050. An appeal of the decision may be filed as provided under KMC 3.15.040. New Text Underlined; [DELETED TEXT BRACKETED] 29 Ordinance No. 2519 -2010 Page 7 of 8 3.15.040 Hearings Appeals. A person aggrieved by the granting, revocation, renewing, limiting, conditioning, or denying of a license under this chapter may, within fifteen (15) days of the date of the decision. appeal the decision to the City Council pursuant to the procedures in KMC 14.20.290. [(A) A PERSON AGGRIEVED BY THE GRANTING, LIMITING, CONDITIONING, OR DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIFTEEN (15) DAYS OF THE ACTION COMPLAINED OF, APPLY FOR A HEARING BEFORE THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE. UPON TIMELY APPLICATION UNDER THIS SUBSECTION, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE GRANTED, CONDITIONED, LIMITED, OR DENIED. THE PERSON AGGRIEVED MAY APPEAL THE DECISION OF THE CHIEF ANIMAL CONTROL OFFICER TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS WHOSE DECISION SHALL BE FINAL. (B) BEFORE REVOKING A LICENSE UNDER THIS CHAPTER, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE REVOKED. THE PARTY AGGRIEVED MAY APPEAL TO THE CITY COUNCIL WITHIN THIRTY (30) DAYS OF THE DECISION WHOSE DECISION SHALL BE FINAL,] 3.15.050 Standards for operating facility. In operating a kennel facility, the operator shall (Ord. 1522 -92): (a) Comply with the provisions of this title, the terms, conditions, and limitations of any license issued hereunder and any City regulations promulgated under this title. (b) Provide shelter adequate to preserve the health of the animals kept in the facility. (c) Maintain the facility in a sanitary condition. (d) Provide for the adequate care and feeding of animals kept in the facility. (e) Design and equip the facility so as to keep all animals on the premises. (1) Keep [ON] only that number of animals in the facility which is safe and healthy for the facility's sake. (g) Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers of land in its vicinity. New Text Underlined' DELETED TEXT BRACKETEDI 30 Ordinance No. 2519 -2010 Page 8 of 8 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OE' KENAI, ALASKA, this 1st day of December, 2010. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR New Text Undedined [DELETED TEXT BRACKETED] 31 Introduced: November 23, 2010 Adopted: December I, 2010 Effective: January 1, 2011 MEMO TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: November 1, 2010 SUBJECT: Amendment to Title 3 Kennels e with a Past, Gc with a Fture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 wd Telephone: 907 283 -7535 FAX: 907 283 -3014 lIn I In March of this year, the Planning Zoning Commission began discussions with the Chief of Police and Chief Animal Control Officer about whether or not an amendment should be recommended to Title 3 as it related to kennels. The discussion was the result of an issue in VIP Subdivision in 2007. My knowledge is limited on the issue but it dealt with an individual who built an accessory structure specifically to house dogs. The use was questioned with the building permit. It was the City Attorney's opinion was that the use didn't constitute a commercial kennel so a Conditional Use Permit was not required under Title 14. A kennel license was issued under Title 3 kennel requirements. There was no codified process to provide notification of neighboring property owners that a kennel was being permitted in the residential area. After the license was issued, Ordinance No 2268 -2007 was introduced which would have provided for notification of neighboring property owners and an appeal process for an aggrieved party. The Ordinance failed. Since that time, Animal Control has developed an administrative process wherein an attempt is made to notify neighbors (knocking on doors) when a kennel permit is being considered. Also developed was a hearing process for appeals of the Animal Control Officer's decision in granting /denying a permit. Chief Sandahl can provide more information on these processes. The Commission's concern is that without a codified process the existing procedures could be eliminated. The proposed amendment to Title 3 would amend the definition of kennel to distinguish between commercial and non commercial kennels, establish a notice process for kennel license applications /renewals, and provide for an appeal process. The Commission voted unanimously to recommend the amendment, 32 1992 the uh' KENAI. ALASKA MEMO: 4TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 11/16/10 SUBJECT: Amendment to Title 3 Kennels flaye with a Past, Gay with a Future" Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907- 283 -7879 FAX: 907 -283 -2267 In December of every year, Animal Control receives kennel license renewal applications, and occasionally receives new kennel applications. The City of Kenai has issued four kennel licenses this year, and all of them are non- commercial. None of applicants are operating a business in which they are breeding animals for sale, nor are they charging fees for boarding animals. The four applicants simply own four or more dogs, which requires them to have a kennel license per the Kenai Municipal Code. When Animal Control receives a kennel license application, Animal Control officers go door to door to adjacent properties of the applicant. In short, they candidly advise the neighbors of the kennel license application, and ask if any of the neighboring residents oppose the issuing of the kennel license. There has been no opposition by neighbors in the last year, and as such the four kennel applications have been approved by the Chief Animal Control Officer. Per KMC there is an appeal process for those aggrieved by the granting of a kennel license. I understand the Planning and Zoning Commission is proposing an amendment to Title 3 which would amend the definition of kennel to distinguish between commercial and non commerical kennels, and establish a more formalized notice process for kennel license applications /renewals. Although the current process has worked well for the last two years, Chief Animal Control Officer Reid and I are receptive to amendment considerations which would more formalize /codify the kennel application process. TIP 1992 t/,e civ of K NAL ALASKA CITY OF KENAI ORDINANCE NO. 2520 -2010 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KNIC SECTION 7.15.100, SETTING FEE SCHEDULES, TO PROVIDE FOR THE ESTABLISHMENT OF A FEE SCHEDULE AND TO REQUIRE THAT CHANGES TO RATES, CHARGES, OR FEES OF THE CITY SHALL BE PROPOSED BY THE CITY MANAGER AND BE EFFECTIVE AFTER APPROVAL OF THE CITY COUNCIL. WHEREAS, it is desirable to have a uniform process for changing rates, charges and fees imposed by the City; and, WHEREAS, the City Manager currently has the authority to make changes to municipal charges and fees not defined in the Kenai Municipal Code with immediate effect, subject to later review by the City Council; and, WHEREAS, fees defined in the Kenai Municipal Code are set by ordinance and cannot he lawfully changed without a lengthy public process; and, WHEREAS, by establishing many fees in Code, the City is prevented from timely reacting to changes in the business climate and increased costs of doing business, and it is desirable to provide more flexibility for the City administration to address a changing environment; and, WHEREAS, a unified fee schedule is a more efficient and uniform way of examining the structure of the City's rates and charges and also provides a good source of public notice of and reference to the fees charged by the City; and, WHEREAS, uniformly setting fees by resolution provides a public process that requires a public hearing and Council review and approval before the City implements a change to a City rate, charge, or fee; and, WHEREAS, the Council anticipates changing the process by which City rates, charges and fees are typically established by moving these charges from the Kenai Municipal Code to a fee schedule adopted by resolution of the Council; and, WHEREAS, requiring approval of changes to a. fee schedule to be made by resolution would ensure public notification and an opportunity to be heard concerning the rate charges, and fees assessed by the City prior to their effective date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KCENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinanc- New Text Underlined: [DELETED TEXT BRACKETED] 34 Ordinance No. 2520 -2010 Page 2 of 2 Section 2. Amendment of Section 7.15.100 of the Kenai Municipal Code: The Kenai Municipal Code, Section 7.15.100, Setting Fee Schedules, is hereby amended as follows: 7.15.100 Setting fee schedules. The Council may adopt and amend a fee schedule specifying the rates, charges, or fees imposed by the City. Unless otherwise provided in the Kenai Code of Ordinances, any rates, charges, or fees imposed [CHARGED] by the City of Kenai shall be set by the City Manager{, SUBJECT TO] and shall be effective upon approval by resolution of [CHANGE BY] the City Council. [THE RATES, CHARGES OR FEES SET BY THE CITY MANAGER ARE EFFECTIVE UPON ENACTMENT BY THE CITY MANAGER; HOWEVER, THE CITY MANAGER SHALL NOTIFY THE COUNCIL IN WRITING AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING OF THE ADOPTION OR CHANGE OF ANY SUCH FEES, RATES, OR CHARGES.] Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby 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 alter adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of December, 2010. ATTEST: Carol L. Freas, City Clerk 35 PAT PORTER, MAYOR New Text Underlined ]DELETED TEXT BRACKETED] Introduced: November 23, 2010 Adopted: December 1, 2010 Effective: January 1, 2011 he c%i of KENA ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,033.18 IN THE GENERAL FUND FOR STATE BUREAU OF HIGHWAY PATROL OVERTIME EXPENDITURES. WHEREAS, since July 1, 2009, a Kenai Police Department officer has worked on the Alaska State Troopers, Bureau of Highway Patrol (BHP) traffic team; and, WHEREAS, through Alaska Highway Safety Office funding, the State of Alaska has reimbursed the City of Kenai for the officer's salary and overtime; and, WHEREAS, actual overtime expenditures for the Kenai officer on the BHP traffic team have totaled $7,335.18 for the time period of July 1, 2010 to October 31, 2010, and those funds are paid out of the Police Overtime account; and, WHEREAS, the total Kenai Police budgeted BHP overtime for FY 11 was $3,302; and, WHEREAS, the Police Department is requesting the appropriation of $4,033.18 ($7,335.18 actual, minus $3,302.00 budgeted) to the General Fund, Police Overtime account to cover unbudgeted overtime costs of Bureau of Highway Patrol participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund increase Estimated Revenues: State Grant Police A fl 'EST: Increase Appropriations: Police Overtime PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of December, 2010. Carol L. Freas, City Clerk, Approved by Finance: ORDINANCE NO. 2521 -2010 CITY OF KENAI 36 Suggested by: Administration PAT PORTER, MAYOR $4,033.18 $4,033.18 Introduced: November 23, 2010 Adopted: December 1, 2010 Effective: December 1, 2010 fledfr KEN ALASKA MEMO: "Kllaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 y TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 11/16/10 SUBJECT: Ordinance requesting appropriation into Police Overtime Since July 1, 2009, a Kenai police officer has worked on the Alaska State Trooper, Bureau of Highway Patrol (BHP) traffic team. The State of Alaska, through Alaska Highway Safety Office grant funding, reimburses the City of Kenai for the officer's salary and overtime. The officer's overtime is paid out of the City of Kenai police overtime account, which is now significantly depleted. BHP overtime reimbursements, from the State of Alaska, are deposited into the City of Kenai General Fund. Actual BHP overtime costs for the Kenai BHP officer for the first four months of this budget year (July 1 to October 31, 2010) are $7,335.18. The FY11 Police Overtime account was budgeted an estimated $3,302 for the BHP officer. Actual expended BHP overtime (July to October, 2010): Total budgeted BHP overtime for FY11: Amount requested in appropriation: I am requesting an ordinance appropriating $4,033.18 to the general fund, police overtime account to cover the unbudgeted BHP overtime costs from July to October of 2010. $7,335.18 $3 302.00 (subtract) $4,033.18 arc cifr o f KENA ASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,069.53 IN THE GENERAL FUND FOR TRAINING FUNDS PROVIDED BY THE ALASKA POLICE STANDARDS COUNCIL. WHEREAS, the Alaska Poiice Standards Council has agreed to provide a check to the Police Department for $2,069.53 to assist with unbudgeted training costs; and, WHEREAS the Police Department is sending an officer to the State of Washington for Active Shooter Instructor Training and is also sending two officers to a Child Maltreatment Conference in Anchorage; and, WHEREAS, the Police Department did not budget for these worthwhile training sessions; and, WHEREAS, training funds provided by the Alaska Police Standards Council are deposited into the General Fund instead of the Police Transportation account; and, WHEREAS, the Police Department is requesting the appropriation of $2,069.53 to the General Fund, Police Transportation account to cover the costs of training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund increase Estimated Revenues: State Grant Police Increase Appropriations: Police Transportation $2,069.53 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of December, 2010. ATTEST: Carol L. Freas, City Clerk Approved by Finance CITY OF KENAI ORDINANCE NO. 2522 -2010 38 Suggested by: Admi PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED[ $2,069.53 Introduced: November 23, 2010 Adopted: December 1, 2010 Effective: December 1, 2010 the al of KEN AI ALASKA MEM ��T Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 11/16110 with a Fatare" 111E 1992 "f/iilaye with a Past, CL 210 Fidaigo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 o: SUBJECT: Request ordinance appropriating anticipated training funds from the Alaska Police Standards Council The Alaska Police Standards Council has agreed to provide the Police Department with a check for $2,069.53 to help fund unbudgeted training costs. In December, the Police Department is sending Officer Trevor Miller to Active Shooter Instructor Training in the Seattle, WA area. Officer Miller is a member of the AST SERT team, and he has been the lead instructor to the Police Department with active shooter training in the schools. The training in Washington will enhance his ability to provide critical training to our officers. During the week of November 15 -19, Officers Cushman and Douthit are attending a Child Maltreatment Conference in Anchorage. This worthwhile conference was not budgeted in the FY11 Police Transportation budget. The $2,069.53 check from APSC will be deposited into the City of Kenai general fund. I am requesting an appropriation of $2,069.53 into the general fund, police transportation account to help cover the costs of the unbudgeted training. The appropriation will assist the Police Department with providing other officer training for the remainder of this budget year. Village with a Past, C# with a Fistcsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us cif KENAI; ALASKA MEMO NDUM TO: Mayor and Council Members FROM: Carol L. Freas, City DATE: November 13, 2010 RE: WORK SESSION WITH LEGISLATORS As requested, Senator Wagoner, Representative Olson and Representative Chenault were contacted in order to learn of dates when they would be available to meet with the Kenai Council and Administration to discuss the upcoming Legislative session and the City of Kenai Capital Improvement Project List. Dates identified as being available are: Monday, December 20; Tuesday, December 21; and, Wednesday, December 22. It is my understanding, Council is available as follows: What day and time does Council wish to meet in a work session with the Legislators' 40 December 20 December 21 1 December 22 Comments Marquis Available Available Available Not before 6:00 p.m. Molloy Available Available Available I Booke Available Available Porter Available Available Available Prefer during day or a luncheon Moore Available Available j Available Prefer during day or a luncheon Gabriel Preferred Available Available J k1) ilitu -.c o 'i?t Boyle Preferred Available Available During the ay or a luncheon Village with a Past, C# with a Fistcsre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us cif KENAI; ALASKA MEMO NDUM TO: Mayor and Council Members FROM: Carol L. Freas, City DATE: November 13, 2010 RE: WORK SESSION WITH LEGISLATORS As requested, Senator Wagoner, Representative Olson and Representative Chenault were contacted in order to learn of dates when they would be available to meet with the Kenai Council and Administration to discuss the upcoming Legislative session and the City of Kenai Capital Improvement Project List. Dates identified as being available are: Monday, December 20; Tuesday, December 21; and, Wednesday, December 22. It is my understanding, Council is available as follows: What day and time does Council wish to meet in a work session with the Legislators' 40 PENDING APPROVAL ITEM 6: NEW BUSINESS KENAI HARBOR COMMISSION MEETING NOVEMBER 8, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY October 11, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion On -site Survey Forms b. Discussion Kenai River Recreation Study Draft a. Discussion /Prioritize Capital Improvement Project List for FY12, FY13, and FY14. b. Discussion Kenai Dock and Boat Ramp Mission Statement and Goals ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. December 6, 2010 ITEM 9: COMMISSIONER COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of October 6 and 20, 2010. b. City of Kenai 2010 Meeting Schedule ITEM 12: ADJOURNMENT 41 MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Vice Chair Osborn called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: MOTION: MOTION: No action was taken, KENAI HARBOR COMMISSION MEETING NOVEMBER 8, 2010 CITY COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR BILL OSBORN, PRESIDING AGENDA APPROVAL P. Morin, B. Osborn, W. Nelson, R. Peters, V. Askin T. Thompson, B. Eldridge Capital Projects Manager K. Lyon, Council Member B. Gabriel Commissioner Peters MOVED to approve the agenda as presented and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY October 1.1, 2010 Commissioner Peters MOVED to approve the meeting summary of October 11, 2010 and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS 5 -a. Discussion On -site Survey Forms General discussion occurred. Commissioner comments included: The survey form would be worked on throughout the winter. Suggested short survey on half sheet of paper. Suggested there could be a mail -in option. Inquired about including beach dip netters in survey. 5 -h. Discussion Kenai River Recreation Study Draft 42 Commissioner Morin shared a letter in support of a drift boat pullout by the Kenai Area Fisherman's Coalition signed by Chairman. Dwight Kramer General discussion occurred. Commissioner comments included: Noted requests for drift boat pullout. Noted concerns regarding erosion. Suggested more drift fishing days per week. Would like to see final report. No action was taken. ITEM 6: NEW BUSINESS 6 -a. Discussion /Prioritize Capital Improvement Project List for FY12, FY13, and FY14. Osborn introduced the list and general discussion occurred. MOTION: Commissioner Peters MOVED to recommend adoption of the priorities for the next three years as detailed in the priority list. Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. 6 -b. Discussion Kenai Dock and Boat Ramp Mission Statement and Goals Capital Projects Manager Lyon reported the Emergency Response Facility was not part of the Priority List. MOTION: Commissioner Morin MOVED to amend Short Teens Goals and Objectives Goals: Safety, to include: Number 3 Emergency Response Facility (boathouse). Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7 -a. Director Lyon reported the estimate for a drift boat pull out was not complete due to the uncertainty of location. 7 -b. City Council Liaison Council Member Gabriel reported the City had a vested interest in the River and noted several council members had expressed interest in the drift boat pull out. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 43 HARBOR COMMISSION MEETING NOVEMBER 8, 2010 PAGE 2 S -a. December 6, 2010 No Commissioners reported they would not be available to attend the December 6, 2010 meeting. ITEM 9: COMMISSIONER COMMENTS /QUESTIONS The Commissioners welcomed Council Member Gabriel as their new liaison. Nelson inquired about the Natural Gas Storage Facility. Council Member Gabriel explained the project and reported an appeal had been filed. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 11: INFORMATION 11a. Kenai City Council Action Agendas of October 6 and 20, 2010. 11-b. City of Kenai 2010 Meeting Schedule ITEM 12: ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:18 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 44 HARBOR COMMISSION MEETING NOVEMBER 8, 2010 PAGE 3 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS NOVEMBER 9, 2010 7:00 P.M. PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY September 7, 2010 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion Meeting Rooms Policy ITEM 6: NEW BUSINESS a. Discussion Commission Duties and the Relationship Between Commissions, Administration and Council b. Discussion Library Technology Plan and E -rate ITEM 7: REPORTS a. Director b. City Council Liaison ITEM S: NEXT MEETING ATTENDANCE NOTIFICATION a. December 7 2010 ITEM 9: COMMISSION COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agenda Items from October 6 and 20, 2010 b. Friends of the Library Board Meeting Minutes from October 12, 2010 c. Dinner Raffle Summary d. Glaser E -mail e. OWL information ITEM 12: ADJOURNMENT 45 ITEM 1: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorum was present. ITEM 2: MOTION: ITEM 3: MOTION: ITEM 4: ITEM 5: 5 -a, KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS NOVEMBER 9, 2010 7:00 P.M. CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY CALL TO ORDER ROLL CALL Chair Bryson called the meeting to order at appro confirmed as follows: AGENDA APPROVAL ately 7:00 p.m. Roll was E. Bryson, C. Brenckle, K. Glidden, J. Bookey, R. Peters, C. Fanning S. Harris Library Director M. Joiner, Council Member R. Marquis Commissioner Brenclde MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY September 7, 2010 Commissioner Brenckle MOVED to approve the meeting summary of September 7, 2010 and Commissioner Glidden SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS Discussion Meeting Rooms Policy Director Joiner reviewed a draft meeting room policy. Commissioner comments included: Staffing needs to be considered, particularly for when the library is closed. Concerned with limiting free access to non profit organizations. Opposed singling out groups that would not be allowed usage. 46 Commission requested the Director have the City Attorney review the draft and bring it back at the next meeting. (December 7, 2010) ITEM 6: NEW BUSINESS 6 -a. Discussion Commission. Duties and the Relationship Between Commissions, Administration and Council Rick Koch, City Manager Reviewed the City Code portions pertaining to the Commission's duties, noting the following: Commission is advisory to the department, not advi.sory to City Council. Commission should submit a Capital Improvement Plan annually. Commissioner comments included: Requested information on attendance issues. Requested information on telephonic participation. Inquired as to why the Capital Improvement List went through the Planning and Zoning Department. Koch reported reviewing the Capital Improvement List was a specifically defined duty of that commission. 6 -h. Discussion Library Technology Plan and E -rate Joiner presented the current technology plan and reported the Commission would be working on the issue in the next few months. ITEM 7: REPORTS 7 -a. Director Joiner reviewed her report and invited commissioners to stop at the library for a tour of the expansion. 7 -b. City Council Liaison Council Member Marquis reported there was a new City Council, noted he would continue as the Library Liaison, and reviewed the action agenda items from the October 6 and 20 City Council meetings which were included in the packet. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. December 7, 2010 Commissioner Fanning requested an excused absence for the December 7, 2010 meeting. ITEM 9: COMMISSION COMMENTS /QUESTIONS Glidden noted appreciation for Marquis continuing as the Council Liaison. 47 LIBRARY COMMISSION MEETING NOVEMBER 9, 2010 PAGE 2 ITEM 10: ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD None INFORMATION 11 -a. Kenai City Council Action Agenda Items from October 6 and 20, 2010 11 -b. Friends of the Library Board Meeting Minutes from October 12, 2010 11 -c. Dinner Raffle Summary 11 -d. Glaser E -mail 11 -e. OWL information ITEM 12: MOTION: ADJOURNMENT Commissioner Peters MOVED to adjourn and Commissioner Glidden SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meetin w as adjourned at approximately 8:30 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 48 LIBRARY COMMISSION MEETING NOVEMBER 9, 2010 PAGE 3 KENAI PARKS RECREATION COMMISSION SPECIAL MEETING NOVEMBER 4, 2010 CITY HALL CLERK'S CONFERENCE ROOM 7:00 P.M. PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: NEW BUSINESS a. Discussion /Recommendation Capital Improvement Project List. ITEM 4: ADJOURNMENT 49 KENAI PARKS RECREATION COMMISSION SPECIAL MEETING NOVEMBER 4, 2010 CITY HALL CLERK'S CONFERENCE ROOM 7:00 P.M. CHAIR PRO TEMPORE JIM BEESON, PRESIDING ITEM 1: CALL TO ORDER ROLL CALL Chair Pro Tempore Beeson called the meeting to order at approximately 7:10 p.m. Roll was confirmed as follows: Commissioners present: J. Beeson Commissioners absent: D. Sandahl., F. Kiefer, K. McDonald, G. Oliver, B. Gilman, A. Hull Staff /Council Liaison present: Parks and Recreation Director R. Frates No quorum was present. ITEM 2: AGENDA APPROVAL ITEM 3: NEW BUSINESS 3 -a. Discussion /Recommendation Capital Improvement Project List ITEM 4: ADJOURNMENT Due to lack of quorum, the meeting was adjourned at approximately 7:12 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk MEETING SUMMARY 50 1. CALL TO ORDER: a. Roll CaII b. Swearing hi of Commissioner Navarre c. Agenda Approval d. Consent Agenda e. *Excused Absences 2, *APPROVAL OF MINUTES: a. *October 27, 2010 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration CITY OF KENAI PLANNING ZONING COIVIMISSION AGENDA CITY COUNCIL CHAMBERS November 10, 2010 7:00 p.m. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ10 -45 Luebke Subdivision Brown Addition A resubdivision of Lot 7 and 8 Luebke Subdivision, Plat KN86 -07. Plat submitted by Swan Surveying, P.O. Box 987, Soldoma, Alaska. RENDING APPROVAL *All items listed with an asterisk are. considered to be routine and non- controversial by the Commission and will he 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. 5. PUBLIC HEARINGS: a. PZl 0 -44 An application for a Conditional Use Permit for a wind turbine for the property known as Tract B2, Sprucewood Glen Subdivision No. 2 (10543 Kenai Spur Highway), Kenai, Alaska. Application submitted by R.L. Carlson, Limited Partnership, P.O. Box 240, Kenai, Alaska. 51 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. City Council Roster b. Planning Zoning Commission Roster c. Commissioner Wells Resignation Letter dated 10/25/10 d. Commissioner Navarre Appointment Letter dated 10/25/10 e. ADEC Scheduled Regional Haze Workshops Letter dated 10/22/10 12. NEXT MEETING ATTENDANCE NOTIFICATION: December 8, 2010 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT. 52 ITEM 1: CITY OF KENAI PLANNING 8s ZONING COMMISSION NOVEMBER 10, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at appros 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -b. Swearing In of Commissioner Navarre MOTION: ately 7:02 p.m. P. Bryson, K. Rogers, G. Brookman, K. Koester, S. Romain, J. Twait None City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall Deputy City Clerk administered the oath of office to Tim Navarre and he took his seat at the dais. 1 -c. Agenda Approval Commissioner Romain read the following addition to the agenda: ADD TO: 9 -b. Borough Planning Commission Agenda from November 8, 2010 Borough Planning Commission Meeting Commissioner Romain MOVED to approve the agenda as amended and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 53 i Bryson RECUSED I Rogers YES Brookman YES 1 Koester YES 1 Romain YES j Navarre YES l Twait YES 1 -e. *Excused Absences Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4• CONSIDERATION OF PLATS 4 -a. PZ10 -45 Luebke Subdivision Brown Addition A resubdivision of Lo 7 and 8 Luebke Subdivision Plat KN86 -07. Plat submitted by Swan Surveying, P.O, Box 987, Soldotna, Alaska. MOTION: Commissioner Romain MOVED to approve PZ10 -45 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet. Chair Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. Commissioner Bryson recused himself as the plat would come before the Borough Planning Commission. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS October 27, 2010 PLANNING AND ZONING COMMISSION MEETING NOVEMBER 10, 2010 PAGE 2 54 5 -a. MOTION: PZIO -44 An application for a Conditional Use Permit for a wind turbine for the property known as Tract B2, Sprucewood Glen Subdivision No. 2 (10543 Kenai Spur Highway), Kenai, Alaska. Application submitted by R.L. Carlson, Limited Partnership, P.O. Box 240, Kenai, Alaska. Commissioner Rogers MOVED to approve PZ10 -44 with staff recommendations and Commissioner Brookman SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the permit would be required to meet the following criteria: 1. The use was consistent with the purpose of this chapter and the purposes and intent of the zoning district, 2. The value of the adjourning property and neighborhood would not be significantly impaired. 3. The proposed use is in harmony with the Comprehensive Plan. 4. Public services and facilities were adequate to serve the proposed use. 5. The proposed use would not be harmful to the public safety, health or welfare. 6. Any and all specific conditions deemed necessary by the Commission to fulfill the above- mentioned conditions should be met by the applicant and could include, but were not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Twait opened the meeting to public hearing. Scott Carlson, 10543 Kenai Spur Highway, Kenai Representative of applicant reported they were trying to promote independent health and create an emergency facility with electricity during power outages. Commissioner comments included: Inquired if long tetun plans included more than one turbine. Carlson reported they would only use one turbine and add solar panels. Kebschull reported an additional conditional use peiutit would be required for a second turbine. Verified hub height would be 50 feet and rotor diameter would be 5.5 meters. Inquired if wind studies had been done. Carlson reported the provider of the wind turbine had done wind studies. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: Clearance and safety were issues, PLANNING AND ZONING COMMISSION MEETING NOVEMBER 10, 2010 PAGE 3 55 Bryson YES Rogers YES Brookman i YES Koester YES Romain YES Navarre YES Twait YES VOTE: The turbine was small with good ground clearance. Fencing would not be required. Barricades to keep cars from hitting the turbine would be necessary, MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedures. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS None ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Molloy welcomed Commissioner Navarre and reviewed the action agenda items of the November 3, 2010 City Council meeting, noting the City Attorney would be looking into the issue of telephonic participation. 9 -b. Borough Planning Commissioner Bryson reviewed the Borough Planning Commission agenda of November 8, 2010 included as a lay down at the beginning of the meeting. 9 -c. Administration Kebschull reported the deadline to submit proposals for the Comprehensive Plan was December 14, 2010, noted she would be out of town from November 11 through November 29, and noted Nancy Carver would be out of town on a family emergency until November 17, 2010. ITEM 10: PERSONS PRESENT NOT SCHEDULED Mike Boyle, 1516 Stellar, Kenai Applauded the Commission for their work on the Conditional Use permit and their forward thinking regarding wind turbines. ITEM 11: INFORMATION ITEMS City Council Roster Planning Zoning Commission Roster PLANNING AND ZONING COMMISSION MEETING NOVEMBER 10, 2010 PAGE 4 56 11 -c. Commissioner Wells Resignation Letter dated 10/25/10 11 -a. Commissioner Navarre Appointment Letter dated 10/25/10 11 -e. ADEC Scheduled Regional Haze Workshops Letter dated 10/22/10 ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. December 8, 2010 Commissioner Navarre requested an excused absence for the December 8 meeting. ITEM 13: COMMISSION COMMENTS QUESTIONS Romain welcomed Navarre to the Commission. Navarre reported he was looking forward to working with the Commission. ITEM 14: MOTION: ADJOURNMENT Commissioner Bryson MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED, There being no further business before the Commission, the meeting was adjourned at approximately 7 :42 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING NOVEMBER 10, 2010 PAGE 5 57 Carol Fre From: Sent: To: Subject: Hal Smalley [hvsmalley @yahoo.comJ Saturday, November 13, 2010 1:17 PM Carol Freas Assembly Meeting Report for Nov. 9, 2010 At 3:00 pm the four standing committees held discussions on ordinances scheduled for public hearing Nov. 9, 2010. Additionally the consent agenda resolutions were discussed. Resolution 2010 -091 authorized the Central Peninsula Hospital Service Area general obligation refunding bonds in an amount not to exceed 535;990,000 to refund the outstanding general obligation bonds of the service area. Due to a reduction in interest rates, a portion of the bonds could be refinanced saving residents of CKPHSA interest debt over the remaining life of the debt.: This resolution authorizes refinancing to take advantage of the current Tower long -term interest rates as they become available. Resolution 2010 -093 confirms appointments of Assembly member Smalley to the Kenai. Peninsula College Council and Assembly member Johnson to the Cook Inlet Aquaculture Association. Robeert Ruffner of Kasilof was appointed to the KPBPlanning Commission as well as Lisa Parker from Soldotna. Resolution 2010 -090 supporting the use of funding provided through the Economic Recovery Act for Buccaneer Alaska and possibly other companies to acquire a jack -up drill rig for use in the Cook Inlet also passed. No other business on the Assembly agenda had any impact on the City of Kenai. As always if any of you have questions concerning the meeting, please do not hesitate to e -mail me or call me at home. Hal Smalley 1 58 REPORT OF CITY MANAGER Rick Koch, City Manager From: Terry Eubank, Finance Director Date: November 12, 2010 Re: Monthly Report FINANCE DEPARTMENT MID -MONTH REPORT November 2010 The fiscal year 2010 Comprehensive Annual Financial Report (CAFR) has been completed and was issued on November 5, 2010 with the assistance of many departments but especially the staff in the finance department. The CAFR is scheduled to be presented to the Council at its December 1 meeting by your auditor, Mr. John Bost. Implementation of the City's credit card policy is underway. Substantial implementation is expected by January 1, 2011. A project to manage and invest the General Fund Land Sale Permanent Fund like the Airport Land Sale Permanent Fund is underway. Finance is working with the City attorney to draft an ordinance that will make the necessary changes to the City's Code. The ordinance is scheduled for introduction at the December 1 council meeting. If passed, the new investment policy would be scheduled for mid January implementation. Budget will become the major focus of the department soon with preparations already underway. PUBLIC WORKS DEPARTMENT NOVEMBER 2010 REPORT KEMAL ALASKA TO: Rick Koch City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: November 10, 2010 SUBJECT: Mid Month Report; Public Works Department Public Works Operations: Equipment has been readied for snow removal operations and the first significant snow fall has been removed from city streets. Sand has been stockpiled for winter sanding and is being used to alleviate slippery conditions. The Shop Department has repaired all the airport equipment that broke down during the first snow event. Sand removal from the main line has been completed by the sewer department. Status of Projects: Kenai Municipal Airport Rehabilitate Apron 2009 -2010 Alaska Road Builders is the general contractor Wince Corthell provides Construction Management. The project is winding down for the winter. The ARRA portion of the project is complete. All paving is complete. Some apron painting is being completed as weather permits. The complete painting of runway 1L-19R and other markings will be done during spring 2011. Final project completion is June 15, 2011. Kenai Municipal Airport Master Plan Work is underway to complete a Professional Services Agreement between the City and Wince Corthell -Bryson for this project. Kenai Municipal Airport Float Plane Basin Development Phase 1. Project will realign 4 Ave. Access Road Into the Float Plane Basin parking area and the City water tank, constructing additional 2,800 linear feet paved taxiways "5" and "T grading for drainage approximately 350,000 square feet of lease at area, security fencing gates, painting taxiway marking, taxiway lights and signage providing for installation of natural gas electrical power utilities. Provisions for future installation of water, sewer telecommunications utilities are also to be provided. The Contract Agreement for Professional Services with Wince Corthell -Bryson is complete. Preliminary site examination is underway. Fourth Avenue Culvert Replacement Project was funded by a grant to the Kenai Watershed Forum to replace a failing culvert on Fourth Avenue. This failed cuivert inhibited the passage of fish. The design and construction management was provided by Nelson Engineering. The City funded Additive Alternate One extended a 10" water main down Spruce Street and replaced an existing 2'/" service line that services two apartment buildings. Change Order One moved the tie -in about 75' east along Fourth Avenue. This planned tie in point was 17' below grade. The new location will be 11' which will facilitate future water main maintenance or repair work. Foster Construction was the contractor. Project is complete. Funds are being held by the Watershed Forum to ensure the late hydro-seeding is effective in spring 2011, Kenai North Dunes Elevated Liaht Penetrating Walkways /Ramps Supply Related Appurtenances Kenai Welding supplied fabricated (from design documents) the necessary materials to elevate the two existing walkway gratings on the North Dune. The City has started installing the gratings and walkways to their design elevation. Estimated completion is end of November. Small Projects: Recreation Center: Three roof areas which have had leaks have been repaired. A project is underway to replace the teen center carpeting and repair the cabinets in the kitchen. City Hall: Carmody Masonry constructed the brick veneer wall to decorate the front hallway. Public Safety Building and City Hall: Preferred Plumbing has flushed out the heating system piping. Boat Launch Road a new gate was installed north of the bird viewing platform to allow access to the platform but allow closing off the dock area. 61 (/u crly KENAI, ALASKA CAPITAL PROJECT MANAGER MID -MONTH REPORT November 2010 The status of the projects is as follows: Kenai Community Library Expansion Proiect Construction is progressing on schedule with the boiler startup complete. The re- roofing of the exiting library is substantially complete with work continuing on the soffits. Lawton Drive Water Extension Proiect -Final punch have been completed and closeout documentation is under way. Water Treatment Facility (Arsenic Ground Water Study) -The design of the facility was awarded to HDL, Civil and Environmental design are under way. Multi Use Facility Lighting Upgrade -The project followed the construction schedule; the new lighting is operational, replacement of the emergency lighting is awaiting delivery. 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. A draft report has been received by administration. Togiak to Beaver Loop Water Extension Proiect -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, and permits are received in late November, 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. Proiect Funded by approval of Ordinance 2481. -20 10 on May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The additional restrooms plans and wavers have been submitted to ADEC and permit should be issued by September 20 The restroom portion of the project is currently out to hid with the Daubenspeck Family Park restroom, with construction completion scheduled for summer use. The replacement bridge for the trail is on site with installation scheduled for late this year or early next Vintage Pointe Water Damage Proiect Notice to proceed was issued on August 26 Construction is under way with the third floor apartments complete, work is underway in apartment 102. City Facility Wind Generation Studv- Preliminary data gathering is complete with site specific analysis and additional data gathering underway. Draft report has been received and returned with comments, final report is scheduled for late November. Baron Park Drive (Kenai: Various Road Improvements) --NIP is expected in early October. Draft SWPPP was submitted to DOT and returned with comments; clearing is scheduled to begin in late winter. Main Street Reconstruction Boring occurred in Mid October concurrent with Central Heights Boring. This project also included road boring geo -tech on First Street. Central Heights Roadway Lighting Storm Water Improvements Boring began on October 12` concurrent with Main street Reconstruction Boring. Marathon Park Phase 1 (Daubeaspeek Family Park) -Surveying and design are underway, electrical service installation is complete, the restroom is currently out to bid Kenai Recreation Center Gym Floor Replacement -The gym floor is complete and is in the curing process. The gym will reopen on November 22 62 KENA6, ALAS MEMO: ,o ill 9e vi Gz °ter with a Future TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks Recreation Director DATE: November 15, 2010 SUBJECT: Mid -month Report 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 1992 The City of Kenai /ConocoPhillips Multi- Purpose Facility became available for ice reservations October 11 Atotal of 72 hours of ice was reserved compared to 75 hours last season. The Kenai River Brown Bears reserved a total of 178 hours from August 9th through September 23 The lighting project occurred during the break and comments from the hockey community have so far been very favorable. Walkways on the north beach dunes are nearly complete. One of the walkways is fully installed and the other partially installed. One segment needed reconfigured due to a steep grade and wiil be completed this month. The Ryan Creek fencing project is underway with posts already set and wire mesh yet to be installed by contractor. Signs will be install encouraging snow removal contractors to not pile up snow in this area. Groundskeeper Hernandez has been busy installing winter decorations. Pole decorations were up prior to November 1 thanks to the assistance from Public Works. Areas to date that have been completed are Leif Hansen Memorial Park, City Hall, Visitors Cultural Center and the Library. Lighting at the Senior Center is currently underway. A new static light display has been ordered for City Hall and should be arriving soon. Considering the recent snow, the department is getting closer to being able to begin grooming efforts at the Kenai Golf Course. Department is hopeful sometime this week that either the whole trail system or a portion thereof can be installed. The Recreation Center gym floor has been installed and final coat of varnish applied November 1 2 th Gym will be available for play beginning November 22 Building Maintenance also replaced an aging heater in the men's sauna. 63 hceityof NEfdAI POLICE DEPARTMENT MID -MONTH REPORT October 2010 V TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief /1-5 DATE: 11/12/10 SUBJECT: Police Communications Department Activity— October 2010 Police handled 618 calls for service (up from 589 in October 2009). The Communications Center received 236 emergency 9-1 -1 calls (157 from cell phones). Approximately 2,907 administrative calls were processed by Communications personnel. Officers made 65 arrests and wrote 265 reports. Traffic enforcement resulted in 188 warnings, 39 speeding tickets, 11 seatbelt tickets, 15 citations for equipment violations, and 49 citations for "other" traffic violations. There were 13 DUI arrests (4 felony), which was a very high number of DUI arrests for one month. Police investigated 16 vehicle crashes (6 injury crashes). One of the crashes involved a DUI arrest. Two of the crashes involved moose. On Oct. 5, Sgt. George and Communications Supervisor Nusbaum attended a two -day supervisor training course in Anchorage. On Oct. 7, Chief Sandahl and Lt. Ross were guests on Sound Off to primarily discuss traffic safety with host Duane Bannock and callers, On Oct.11, Dispatchers Erica Shinn, Lisa Linegar, and Andrea Trujillo attended the two -day Alaska Symposium for Emergency Communications in Anchorage. On Oct. 13, Dispatcher Lisa Linegar attended the two -day Alaska Public Safety Information Network Terminal Security Officer training in Anchorage. On Oct. 19, all officers participated in the annual firearms qualification. Firearms Instructor Langseth ran officers through drills and qualifications for pistol, shotgun, and rifle. On Oct. 22, Chief Sandahl attended the 5 -day International Association of Chiefs of Police Conference in Orlando, FL. The training, Expo, and networking were very worthwhile. On Oct. 31, officers performed saturation patrols of Kenai's most populated neighborhoods. This is an annual patrol function, which involves overtime patrols, to help ensure that our young people are safe while trick or treating. Officer Russell represented the Police Department at Trunk or Treat earlier in the day. 64 heci KE Al. NLASKA STRAY AN AL CONTROL MID -MONTH REPORT October 2010 2010 2009 2010 2009 75 120 ADOPTED 49 62 Dogs 39 64 Dogs 27 36 Cats 36 46 Cats 21 23 Other Animals 0 10 Other Animals 1 3 RELEASED BY OWNER 47 47 CLAIMED 18 36 Dogs 24 21 Dogs 17 33 Cats 21 24 Cats 1 3 Other Animals 2 2 Other Animals 0 0 B.O.A. 11 6 EUTHANIZED 55 67 Dogs 6 5 Dogs 19 15 Cats 2 1 Cats 35 44 Other Animals 3 0 Other 1 8 TOTAL ANIMALS 133 173 Other Disposition 0 Borough Animals 17 37 Field Investigations 102 110 Total Dogs 69 90 Volunteer hours 114.5 127 Total Cats 59 71 Total phone 465 619 Total Other 5 12 Kennel Permits 0 0 Community Involvement Projects: 1 /2010 Christi attended a seminar by Dr Sophia Yin (sponsored by Peninsula Dog Obedience Group) to network with local dog handlers and learn Dr Yin's "Learn to earn" dog training methods. 65 the cff KENAI, ALASKA FIRE DEPARTMENT MID -MONTH REPORT 66 November 2010 Well as of the 15` of this month, we have three new employees at the Fire Department. I am pleased to welcome Scott Summers, Casey Lueeker and Kyle Jensen to the department. All three showed up bright and early on the 15 of November eager to go to work. Scott Summers is a Local gentleman that has been working in the community for years as a local contractor. Scott is a graduate from UAA and has a degree in English. He obtained his fire and EMS training at the Nikiski Fire Department and was actually almost hired by them before we offered him a job here. Scott is married with 2 kids who go to school at Aurora Borealis and his wife works for a banking institution here on the peninsula. Kyle Jensen comes to us from the Chugiak area. Kyle attended college at the University of Colorado in Boulder where he obtained a degree in child psychology. After returning to Chugiak Kyle got involved with the local department and received his training with the Chugiak Fire Department. Casey Lueeker is a recent graduate from the National College of Technical hustruction Paramedic Academy in Roseville California. Prior to that Casey was attending the University of Alaska Fairbanks college and was on the Fire Department there, Casey is presently working on a degree in Biology and is just a few credits short. There are still gaps in all three of these employees' trainings that will have to be addressed over the next 12 -24 months and the entire department will he working towards this goal. Without a doubt all three of these gentlemen were stand outs in the testing and we are confident they will make fantastic long term employees for the City of Kenai. Aside from that the department is finalizing the Fire Prevention programs in the schools and getting ready for hydrant maintenance throughout the winter months. KENA A//' SKA October Circulation Figures Adult Fiction Adult Non- Fiction 'Periodicals Juvenile Fiction Juvenile Non- Fiction Easy Fiction Easy Non- Fiction Interlibrary Loan 1 Total Print 6,166 Total Circulation 10,401 Library Door Count 6,631 Income Fines Xerox Lost /Damaged Test Proctoring Fee Printing Total income 10/10 KENAI COMMUNITY LIBRARY MID -MONTH REPORT NOVEMBER 2010 2,018 1,408 98 636 245 1,284 454 23 1,643.49 82.50 180.67 120.00 362.25 2,388.91 The progress on the expansion is obvious. They have re- roofed the existing building. The new wing has sheetrock up and is beginning to take shape. The fireplace is in place. I have been working with Kevin and the architects on the shelving and furniture specifications. We anticipate moving in to the new addition approximately mid February. Internet Access Music Puzzles Videos DVDs Audio books Miscellaneous Computer Programs 67 In -House circulation Downloadabie Audio Downloadabie El3ooks 1,362 123 0 252 2,246 178 61 13 Total Non -Print 4,235 95 244 38 The library will be closed on Thursday, Novemberll for Veteran's Day and on Thursday, Friday, Saturday and Sunday November 25 -28 for the Thanksgiving holiday. Library Cards Issued October 2010 Internet Only Clam Gulch Horner Kasilof Kenai Nikiski Ninilchik Seward Soldotna Sterling Non Resident Organization Other 6 2 1 2 50 12 2 1 15 6 4 6 Total 107 the ut KENAI, ALASKA To: Rich Koch, City Manager Front: Rachael S. Craig, Senior Center Director Date: November 15, 2010 Total October Meal Count 2010 Served: Total Congregate Meals Served: 1,190 Total Home Meals Served: 1,756 Total October Meal Count 2009 Served: Total Congregate Meals Served: 1,019 Total Home Meals Served: 1,431 We were rented twice in October. There were 722 volunteer hours for October. KENAI SENIOR CENTER OCTOBER REPORT Flu shots were given to seniors on October 5 Director wrote quarterly reports for the Borough and the NTS grant. We are researching a computer program that will accept both our NTS grant data reporting as well as the Choice Waiver program. We need a program that is more efficient in providing the required tracking we need for billing. Senior Connection, Inc. donated 5 new computers to the senior center. We have three senior volunteer teachers to teach various levels of computer classes. There are 25 seniors signed up to take computer classes. The volunteer teachers are getting organized and geared up for January classes. One of our 80 year old senior came to me and asked if she could teach a scarf tying class. There were 8 people at the class and all enjoyed it. It is great to see this 80 year -old senior want to volunteer in this capacity. Blue Grass continues to be a wonderful evening event for the entertainers, those in attendance and Kenai Senior Connection, Inc. Senior Connection has a concession stand. They have added pizza to their menu and sold 20 pieces the first night, besides their hot dogs and chili. If you want and inexpensive night out with great blue -grass music and a smoke free atmosphere, the senior center is the place to be on the 2 3"', and 4 111 Thursdays of the month from 6:30p.m. until 10p.m. Besides bluegrass there is pinochle, pool, cribbage being played in the card room as well. The director and project manager attended a Community Development Block Grant workshop. We were investigating a senior center van garage project. Because the deadline soon, and the public hearings that were involved, while writing it, we decided to wait and prepare for it for next fiscal year. The annual Halloween party was a success, with many seniors in costumes. Various prizes were given out. 68 enau Airport Manager's Report For November 2010 Nits nicipai Airport Airport Projects: Apron Rehabilitation: Project is shut down for winter. Float Plane Basin Facility Improvement Proiect: The Phase 1 Design process is continuing. Master Plan City Administration will be meeting with the FAA on December 1 to develop a work scope for this plan. Car Rental Concession Agreements These agreements expire on December 31, 2010. City Manager and Airport Manager met with representatives from the car rental agencies to review the bid process. Bid documents are being reviewed and prepared to bid out the first of December. Winter Storm The airport received many compliments from the airlines on the excellent snow plowing /sanding services they received during the recent winter storm. There were no flight delays or cancellations due to unsafe operating conditions. Airport Administrative Assistant Position Vacancy The position was advertised and thirty (30) applications were picked up on Monday, November 8. Airport Administration is screening the applications and anticipates interviewing applicants the week of November 22. Out of State The Airport Manager will be out of state Sunday, November 14 through Saturday, November 20. I will return to work on Monday, November 22. TheiKenabA port Staff wot4d, Lace/tor w 14k everyane a-sa f cmc&happy Tha,nkf4v1vt f olicl.ayf 2010 -10 69 enal ic5rsa! Rirp=ort Memo To: Rick R. Koch- City Manager Thank you, Randy. "Sew% t.he.OVea Ke4ta&Perti vtwula' 305 N. WILLOW ST. SUITE 200 KENAI, ALASKA 99611 T6- ETPHONE 947 -283 -7951 FAX 967- 283.3737 From: Mary Bondurant Airport Manager Earl Hicks Operations Supervisor Date: November 12, 2010 Subject: Appreciation Randy Parrish, Shop Foreman We would like to say thank you to Randy Parrish for his recent efforts maintaining and repairing airport equipment during the first winter storm of the season. Randy came in four times over that weekend to accomplish fast and speedy turnarounds for the breakdowns; and we had plenty. We would not have been able to keep the runway open without his time and efforts. The airport has never been treated so good. His attitude is "call me anytime www.kenaiairport.com 70 INFORMATION ITEMS z 0 U 0 O O O O 6 M) a Z N O O N to W CO ILI LW. x W ID LL to EX 0 O Z 0 F O w W .2 N J U Z 0 O. 1- 0 0 0 or) w a al ILI 0 d w O 2 o o CO o o o co o o to co O <O <V ui W 0 0 m Y 0 O 72 MEMO: Rick Koch City Manager 7®0 FROM: Fire Chief TWWWy DATE: October 14, 2010 SUBJECT: Ambulance fees for mileage Rick, e with a Past, a with Fgture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I� Telephone: 907- 283 -7535 FAX: 907- 283 -3014 1992 In a recent report from Systems Design, it was noted that in general, our base rates for ambulance calls were perfectly situated so that they are above the Medicare allowable, with the only exception being the mileage rate. It was stated that since our response area is considered a "super rural' area, the allowable per mile for Medicare claims is $10.41 /mile this year, so it was stated that we are not collecting what is allowable with the current $5.50 /mile fee on claim. Medicare f1a�n�. The last time we adjusted out mileage fee was July of 2005 and that went from $4.50 a mile to the present 55.50 a mile. In January of 2005, average dies& price nationwide was 51.97 cents a gallon. Today's local retail price is $3.89. This equates to a 100% increase in fuel prices over the past 5 years. The transportation costs of running the ambulances back and forth to the hospital have increased over the years due to these fuel price increases. Presently our average monthly fuel costs are $547.91 /month or 56574.92 a year. Again this is roughly double what it was in 2005. I feel confident that an alteration in the price for mileage is justified and would like to recommend 511.00 a mile, As a side note, KPB is charging 57.00 a mile but in recent discussions with Chief Baisden, it was stated that they will be addressing their mileage charges as well. 73 l aleta DA aafl3' 1/1/2009 5/1/2008 600Z/T/T O TOZ /T /8 1 OTOZ /T /6 00 0 0 00 8 N „_,i v. 1 all !W 0! 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Fire Authority-Auburn 1 Wahkiakum 3-Grays River West Valley-VVillamina, OR Whatcom 2 (South Whatcom) Whatcom Z1-North Whatcom F&R Whatcom 4-Bellingham Whatcom 5-Point Roberts Whatcom 7-Ferndale Whatcom 8-Marietta Date Printed 76 6 h. qe with a Past Cf with a Fiitwwe MEMO: TO: Rick Koch, City Maonager FROM: Marilyn Kebschull, Planning Administration DATE: November 2, 2010 SUBJECT: SIGNS IN F' NGHT- OF mi'. +AY 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 807-283 -7535 FAX: 907-283-3014 g i 77 During September a meeting was held to discuss placement of signs in the right -of -way (ROW). I was on vacation and Nancy Carver attended in my absence. It is my understanding that as result of that meeting, it was agreed that a provision to allow event signs in the ROW was needed. There was also discussion regarding the numerous political signs in the ROW. Ms. Carver conducted an Internet search to determine how other governments reoulate signs in the ROW. Some governments provide for ROW signs with criteria as to what signs may be placed, when they can be placed and locations for the signs. Others prohibit ROW signs. Some governments require permits for placement in the ROW. Ms. Carver also contacted the State of Alaska DOT responsible for signage in ROW. She was informed that statutes allow for cities to regulate State ROW's in their jurisdiction. The City of Kenai's sign code has needed revision for some time. in June 2009, we were contacted by the ACLU with questions relating to the sign code and asserting that Kenai's sign code appeared to violate the freedom of speech provisions of the U.S. Constitution and the Constitution of the State of Alaska. The letter noted our code provided varying restrictions based on content. At the time the letter was received, Attorney Cary Graves was retiring and felt it would be more appropriate for the new attorney to lead the revision. It appears there are two issues: First, that the sign code may need rewritten to ensure it does not violate free speech and regulations are not dependent on the content of signs. Second, that we may want to consider a provision to provide for event signs in the ROW. KMC 14.20.220 prohibits "unauthorized signs in the ROW or on city property." 1592 em Signs in ROW A policy could be developed administratively to provide for event signs. With the policy, event signs could be allowed in the ROW. Event signs would need to be defined. We could use something sirnilar to that used by Texas DOT: "A special event is defined as an event serving a public purpose and sponsored by a civic or non- profit organization. This includes, but is not limited to fairs, festivals, bicycle vents, marathons, walkathons, rodeos, and charitable fund- raising events, but does not include political events or events that could be construed to advocate or oppose a candidate for election or influence the passage or defeat of a measure on an election ballot. "(Texas DOT) The policy should include: 1. Size of signs allowed. 2. Sign placement (location). 3. Timing of sign placement. 4. Number of signs allowed. 5. Sign removal. We would have to decide if we wanted to require permits for the special event signs. Let me know when you want to schedule a meeting to discuss this further. 78 Page 2 (Jt o of KENAI, ALASKA DATE: NAME: Resident of the City of Kenai? Residence Address ac, 13..0;«i c� NAME OF SPOUSE: 3 LLS Arti urrent membe,rs hip in organization EMPLOYER: Past organizationa C)/57T COM.MITTEESMR Co WHY DO CITY OF KENAI "Village with a past City with a,Juture." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED NOV 1 MC CITY C' 79 How long? RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 Mailing Address 1C Li A., A «vt t om' j Home Telephone No, 4"" Home Fax No. B siness Telephope No Business Fax No. Email Address: rI e i May we include your contact information on our web page? ALL 0 If not all, what infori 'ation may we include? SSIONS IN WHIG YOU ARE INTERESTED: DU WANT TO BE IVOLVED T� TH THI J COMMISSION O COMMITTEE? e Licv2 f ?,�C ar_,� w�fi. :et r �c frs_f'sz Le.„ r >GCZ ✓e;,ci I Job Title 4= &^c¢.o WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ,.r GSi l. ,ate DATE: KENAI. ALASKA NAME: J 1:YVt %i €�1 ec/naru -y c.eN 1 ,NE.te Resident of the City of Kenai? /0 t (i How long? Residence Address Lice 56) F(7t (t( &Cif Mailing Address V S u v c7X Home Fax No. 776 eb(2),0 Business Fax No. May we include your contact inforr include? EMPLOYER ELF NAME OF SPOUSE: Current membership in o 9 C ?RtSio xi 7 Past organizational memberships: (f5.5Aft; p 17; BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS fl RECEIVED RETURN TO: KENAI CITY CLERK NO V 210 FIDALGO AVENUE KENAI, AK 99611 AI c: MIL I' ice' %u 7 Home Telephone No. 5 a53 Business Telephone No Email Address: A¢!< ie: /4/469K: ation on our web page? ALL 5 If not all, what information may we anizations: Gn nZ�, rrat¢ 2C/`,a 1r /DES Scar r L` AO} /4 -L /,a AI tipeit f/a r1CvVAL Cry ..ro ic/ G COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITT a yf. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? P(t 1 t 4 ig i' 1 Msi "fit/ G 1 N" '2 2L` 13SOCr4 CYO TER P/2rSln#34✓7" nu2nen,2 a 7 y.1 ,r. /1/` A r E SX' L 5 A c?r FkiopwnT avtuc.2 or Ci'5rzteta: 4.1 2dR41 =r 8 12 1 c CITY OF KENAI "Village with a past City with a future." 80 l tI/1. l Job Title PHONE: 283 -7535, EXT. 231 FAX: 283-5068 ,n7 /<e2/ Vt L af JSF KENAI RIVER Special Management Area "Working together...for the river" L CALL TO ORDER A. Ron Cali; B. Minutes Approval C. Agenda Changes and Approval II. Public Comments /Presentations REPORTS A. Agency and Government Reports a. State Parks— Sinclair, Russell b. DEC- Stevens G. ADF &G- Vania/ Begich d. USF &WS- Loranger /Schmidt e. USFS /Chugach- Skibo f. City of Kenai- Ogle g. City of Soldotna- Micciche h. Kenai Peninsula Borough- Carey B. Committee Reports a. President's Report b. Guide Advisory c. Habitat d. River Use e. Permits f. Legislative /Government Activities g. Board Development h. Agenda /Board Structure /Housekeeping W. OLD BUSINESS A. Kenai River Special Management Area Advisory Board Meeting Agenda Thursday, November 11 2010 530 p.m. Gilman River Center V. NEW BUSINESS A. Bing's Landing Backline access concept presentation by Sinclair VI. CORRESPONDENCE VII. PUBLIC COMMENT VIII. ADJOURNMENT A. Board Comments B. Date /Agenda of Next Meeting December 9 2010 Kenai Area Office, PO Box 1247. Soldotna, AK 99669, 907 -262 -5581 Kenai Peninsula Borough, 144 N. Binkley, Soldotna, AK 99669 907- 262 -444` Gilman River Center 514 Funny River Road, Soldotna. AK 99669, 907 -26D -4882 Alaska Division of Parks end Outdoor Recreation, Depanment c4Natural Resources, in w000watlon with tno Kenai Peninsula Borough L Reports Kenai River Special Management Area Advisory Board Meeting Minutes Gilman River Center Thursday, October 14, 2010 5:30 p.m. Call to Order A. Members Present: Joe Connors, Jack Sinclair, Terri Carter, James Czarnezki, Bruce King Tim Stevens: Andy Loranger, David Carey, Bobbi Jo Skibo, Wayne Ogle, Janet Schmidt. B. The Minutes for September 9, 2010 were approved as written, C. Agenda Changes and Approval: Added New Business Item A Letter to Borough Assembly with regards to the 21.18 review. Public Comments/Presentations Ricky Geese, of Kenai, put an application in for the KRSMA board and gave a brief overview of his experience and education regarding the KRSMA board. Doug Whittaker presented information regarding the Kenai River User Study. James King, director of state parks, stated last night they had their statewide teleconference for the advisory boards across the state. This has been an exciting time for state parks This year we were able to accomplish a lot of capital projects and improvements. We've got some money over the last few years; It's exciting to see it go in that direction. We have a large deferred maintenance database; 565 million dollars worth of projects. We are taking baby steps towards getting those fixed, which is exciting to see. One of the big projects this year was Johnson Lake campground, in which half of it was completely rebuilt. There are many other projects going on around the state. We are also working on our outreach and brochures. We talked a little about our needs, as we go through our process every year We came up with a list and it has been emaiied out to alt KRSMA board members. The process of going through and defining what our priorities are for taking care of deferred maintenance projects, new projects, replacing equipment, and emergency repairs is a pretty extensive process and it should have that detail on it. We talked some more amongst the board about outreach and how we communicate to the public all the incredible things that the division does and help them understand all the good work that is going on. It was a good meeting. We will do another meeting in January after the Governor's budget comes out, Thanked the board for all the energy, effod, and time that is put into the KRSMA board. Bruce King inquired about the Kasilof boat launch. James King stated the Kasilof is one of the needs we have identified; li has been talked about forever. The fact is that there is a public boat launch on the Kasilof River and there is no public take out, which makes It difficult when you are in a drift boat. We have worked hard to identify the amount of money it would take to go through a planning process, to really figure out where the right location for a take out would be, work with the public and the neighborhoods, to work towards a solution to purchase property and put infrastructure on that. Joe Connors asked if state parks had a dollar figure. James King stated yes, 53.6 million give or take a little James King also stated Claire Leclair is the new state parks division deputy director, as Chris Degernes retired at the end of June. Claire Lectair has worked for the division; she was a Kodiak District Ranger and also worked as special assistant in the director's office. A. Agency and Government Reports a. State Parks Jack Sinclair gave a brief overview on the 2010 Kenai River Field Operations regarding Staffing, Staff Priorities, and Law Enforcement Statistics; Work on other projects has been happening this fall, we were recently notified that the Weimer property just downstream from Honeymoon Cove around the corner from Eagle Rock was going to be deeded over to State Parks as North American Wetlands Kenai River Special Management Area Advisory Board Minutes October 14, 2010 Page 1 of 4 82 Conservation (NAWCA) Grant re,ptacement ;ands. which is the wetlands conservation lands that were used to replace the lands near the mouth of the river near the city docks in Kenai: there was an 8 acre parcel given to::the City of Kenai and then leased to Enstar, for a gas underground storage. Weimer property title will be corning to State Parks, it is 42 acres. Most of the property is wetlands; the conservation fund was the go between for parks, the and is mostly for wetlands conservation for habitat. No planning is taking place for This property and II is difficult to access. We have been working with our chief engineer on redesigning the Pillars docks, gangway, and fish cleaning station. Trying to make facility more user friendly for boaters and people cleaning fish_ We continue to work with Kenai Peninsula Borough on some issues regarding the. Rapids Avenue access and the Bings Landing access for anglers. Met with the Mayor's staff. We are hoping that we can start a public process In earnest, in the next month, regarding how we can change public access, To change the primary access from the Rapids Avenue. Bings Backline to something on the other side. b. DEC Tim Stevens, DEC non -point source program is working on developing their Alaska Clean Water Action for high priority waters, which the Kenai River is one. Working on three potential actions that will go out to a grant solicitation— one would be to support twice, the annual Kenai Watershed Forum monitoring that is being done, another one is to address fish waste in the lower river related to the bacteria exceedances we found this summer that is kind of outside the KRSMA area, but it is still on the Kenai River. One thing to add to that is that we have received raw data from the turbidity study that was collected this summer so we all three years of that. We, as well as our granted contractor, will be crunching those numbers and starting to look at the baseline, g. ADF &G- Vania! Begich, was not present. d. USF &WS Andy Loranger, Russian River Ferry parking area is about 3 -4 weeks from completion we are re- graveling and re- arranging the parking facility it will be within the same footprint. We have a planning document out for public comment regarding a winter gas exploration project, on the Northern part of the Refuge, very close to Captain Cook State Park, it is for exploring a prospect that is part of the CIRI subsurface that is within CIRI owned subsurface within the boundaries of the refuge. This is out for 30 day public comment thru the end of October. We are filling some key vacancies very soon, the Deputy Refuge Manager for the Kenai Refuge, will be arriving here with his family late November, his name is Steven Miller. e. USFStChugach Bobbi Jo Skibo, showed a power point about Streamwatch. Will be going on maternity leave, but will be working intermittently. After December, Travis Mosley the district ranger will be sitting in for her. We are embarking on a collaborative public process for managing HumanfBear conflicts at the Russian River, That contractor is in place now and we will be starting to contact some stake holders for an initial assessment. Each agency is going to be identifying who those individuals or groups will be. Let her know if you would like to be involved. Yesterday, we held a workshop with Cook Inlet Region Incorporated, the Kenaitze Indian Tribe, Fish and Wildlife Service, and Forrest Service, on the implementation on what is called the Russian River Land's Act and there was a selection agreement there based on Alaska native claims settlements and some land issues, and you will probably see some media coming out next week on this. The Russian River is within the Sgllantnu Archeological District; very unique, very special has between 10,000 and 14,000 years of cultural heritage in that area. One of her projects is to start managing human waste. There is a b!og and a web type of movement with some people Janet Schmidt connected her with. It is called Managing Human Waste in the Wild: a ranger from Denali National Park is leading that effort. Plugged in and learning as we go; and through the River Use committee she will bring that information forward. There is a River Management Society meeting coming up in May. f. City of Kenai Wayne Ogle, we have a couple of construction projects down by the river 2 permanent outhouses are being constructed now. We have a bridge across Rhine's Creek which Is pretty nice: as soon as the ground freezes we will put the foundation down and stretch the bridge across It in two sections. We are finishing, up internal review of our personal use fishery report and that will be presented to our council sometime in the next month. Finished up the 4 avenue culvert, this was the one that the Kenai Watershed Forum headed up with Foster Construction. They put a very sizable culvert in and the city benefited by raising. the water line from 17 to 11 feet. g. City of Soldotna Peter Micciche, not present. Kenai River Special Management Area Advisory Board Minutes October 14, 2010 Page 2 of 4 83 h. Kenai Peninsula Borough David Carey, moving toward phase II of Kenai Peninsula Borough Ordinance 21.18 review, we did put off slope and grandfather rights, but we are getting ready to proceed with that. Cannot adequately express my appreciation to the individuals out there and their energy and enthusiasm for the drag idea for Rapids Avenue. V`le have bean spending more time on enforcement. We had our second meeting tor the Federal Cook Inlet Beluga Whale task force; the first hour to hour and a half we argued about whether or not we would be allowed to listen to the science panel as they come up with their ideas and we were fold we were not allowed to listen to them or talk to them or be at their meetings we spent the next 4 hours talking about what each person thought was Important. Next meeting will be in 3 -6 months. The designated critical habitat area does include the mouth of the Kenai Fiver. We were told everything we do is advisory, everything the science panel does is advisory, everything the federal agency does Is advisory, which really says there is a small group of people in Washington that are going to decide, B. Committee Reports a. Presidents Report, couple concerning things. we did not have a quorum tonight and people being committed to schedule and have committee meetings. b. Guide Advisory, we had a two hour meeting today. We are going to deai with our membership, the guide advisory membership. We have two guide positions that are at large; we have an upper river guide position that is at large, and a commercial, large businessltentai position that is at large. We are going tc put these an the same 3 year cycle that the KRSMA board just went to. We are going to bring everything before this board to vote on who we want on the guide advisory board. We did pass out the preliminary river use study to the guide advisory board. We also reviewed the law enforcement statistics. The number of Kenai River Guides has declined this year, lowest number since 1995. We got our first look at the Kasiiof River special use area proposal. We just got our first insight to the Bing's Landing Backiine proposal fishing access. e. Habitat, met today, the primary issue for discussion was the symposium and it is on Track for October 2011. Today we spent a lot of time finalizing the agenda and we are actively recruiting the speakers at this point. The money situation is starting to come together, so we are getting pretty excited about it. The idea is that we are going to bring in people from other parts of the country, who have had to deai with complex water related issues to tell us how they went about it and what sorts of things worked and what didn't work. Our primary audience is the KRSMA board, but we are also inviting decision makers from local governments and agencies with the idea that we will have one day of presentations about watershed plans and how they work or if they work followed up by discussions about what sort of planning has been done locally and some round table discussions about what can planning do for us, are there avenues for planning down the road. Our approach is that this group isn't interested in writing a watershed plan, because we don't have the expertise for that, but when we get invited to participate in e watershed planning processes like the fish habitat partnership, we want to make sure we are knowledgeable enough to participate. Next month we will be sending out save the dates and putting together a fiver, d. Sli ver Use, did not meet. Bobbi Jo has volunteered to call the next meeting. e. Permits, did not meet. f. Legislative /Government Activities, Tuesday was the last day for 3 members of the Assembly the combined number of service for those individuals was just under.50 years the 3 that have come on have all served on the borough planning commission. which means regardless of where they have been representing they have been on a body that looks at the entire borough. It is also very important that the committees get out what they plan to discuss to the public in advance. g. Board Development, nothing to report. h. Agenda /Board StructurelHousekeeping discussed voting procedures used last election period. IV. Old Business A. Board Seat Nominations 6 members of the current board have positions up, 4 of those members have re- applied; we have 7 applications total, Kenai River Special Management Area Advisory Board Minutes October 14, 2010 Page 3 of 4 84 Joe Connors asked if we coukd extend the board seat nominations. Nomination period was extended, public service announcements will be put out on October 15, 2010, V. New Business A. Letter to Borough regarding KPB Ordinance 21.18 Bruce King stated that they will be presenting the letter as an action Item at the next KRSMA meeting. in the interim, our goal Is to gel as many co- signers as we can from the focal user groups so that when the assembly members get this letter they understand that there is a board based interest in having 21.18 review go forward Please provide us with contact information with organizations that would be interested in signing on. Please email them to him. VI. Correspondence None VII. Public Comment Dwight Kramer stated he has applied for the KRSMA board 3 -4 times and has served on a lot of different committees for KRSMA because of his interest in the resource and KRSMA as a whole. Last time they said they didn't have enough applicants and extended the application period it made him feel like he wasn't a worthy applicant, Suggested that maybe It is time to change the bylaws. Just have applications to fill the positions. VIII. Adjournment A. Board Comments Jim gave an update on Kenai Peninsula Borough Ordinance 21.18, River Center staff met with the planning commission Monday evening for a working session work group to talk prior existing use (the grandfather clause) and they want to continue to work with the planning commission to try to work toward coming together with a language that would then go to the Borough Assembly for adoption. There will be an opportunity coming up for us in the near future to comment on these changes, Dave Carey mentioned on the river use user study, that a lot of work, time, and money has gone into this, and hope we will take this information and use it. B. Date /Agenda of Next Meeting November 11, 2010 at 5:30 Kenai River Special Management Area Advisory Board Minutes Octob ''age 4 of 4 85 4, 2010 KENAlp ALASKA November 8, 2010 Rita Daubenspeck 2857 Magnolia B2 West Seattle, WA 98199 Dear Mrs. Daubenspeck: Village with a Past, Gi y with a Fstare 210 FideIgo Avenue Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenal.ak.us Several months ago, the City of Kenai was returned property for its care and custody encompassing a small lake along Marathon Road. Because the area has been used by the City's residents for recreation purposes such as swimming, kayak training and retrieval training for dogs, etc. the City embarked on a project to develop a portion of the returned property as a community park. Because of the generosity you. and Mr. Daubenspeck have provided to the City of Kenai in donating adjacent land.s with oil and gas rights and proceeds from sales, royalties, revenue, or rental income to be dedicated to athletic programs, the Kenai Parks Recreation Commission as well as the City Council felt it was only just and fitting to name a portion of Lot A, 1 -A Barron Park Subdivision Fire Addition, as "Daubenspeck Family Park." Subsequently, Resolution No. 2010 -52 was unanimously passed at the September 1, 2010 Kenai. City Council meeting (a copy of the resolution and rendering of the Park is enclosed). Work has begun on the Park with the assistance of the State of Alaska Department of Natural. Resources (design) and the Kenai Rotary Club. We expect additional assistance from local groups in the coming months and we hope to dedicate the Park next summer. Thank you again for your generosity to the City of Kenai. We hope this letter finds you well and in good spirits. CITY OF KENAI Pat Porter Mayor clf Enclosure 86 ti,e 4 of KENAI ALASKA Suggested by: Parks Recreation Commission CITY OF KENAI RESOLUTION NO. 2010 -52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, NAMING A PORTION OF LOT A, 1 -A BARRON PARK SUBDIVISION FIRE ADDITION, "DAUBENSPECK FAMILY PARK." WHEREAS, the City of Kenai accepted a donation of lands and oil and gas rights in adjacent lands from Harold A. Daubenspeck and Rita Daubenspeck through Resolution No. 80 -178; and, WHEREAS, the City further resolved to honor the request of Mr. and Mrs. Daubenspeck that the oil, gas, and mineral rights, including sales proceeds, royalties, revenue, or rental income from Tracts C, D, and E of the Daubenspeck Property be dedicated to athletic programs sponsored by the City of Kenai; and, WHEREAS, property encompassing a small lake (material source) along Marathon Road was recently returned to the City's care and custody; and, WHEREAS, many residents of the City of Kenai use the lake and surrounding area for recreational purposes, such as swimming, kayak training and retrieval training for dogs; and, WHEREAS, Ordinance No. 2508 -2010 increased estimated revenues and appropriations by $150,000.00 in the Municipal Park Improvements Capital Project Fund for development of a park on a portion of Lot A, 1 -A Barron Park Subdivision Fire Addition; and, WHEREAS, the Landscape Architect for the State of Alaska, Division of Parks and Recreation, has generated a conceptual park design which will accommodate both summer and winter recreational use; and, WHEREAS, the Parks and Recreation Commission at its meeting of August 5, 2010, recommended the Kenai City Council name the referenced park property "Daubenspeck Family Park" in honor of the Daubenspeck family who, through their donation of the Daubenspeck property, has contributed in excess of two million dollars to the City to support athletic programs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the above referenced property shall be named "Daubenspeck Family Park.' 87 Resolution No. 2010 -52 Page 2of2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September, 2010. ATTEST: Carol L. Freas, City Clerk 88 PAT PORTER, MAYOR LIJ H 0 LLi uJ Cr Id saanaosaa rIVHILINN ,10 aKuaTAIJIIVd510 VBSVTIV JO ITIVITS r 1 89 AGENDA KENAI CITY COUNCIL REGULAR MEETING NOVEMBER 23, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://wwvv.ci.kenaLak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Resolution No. 2010 -63 Authorizing the Transfer of $20,000 from the Police Salaries Account to the Police Overtime Account. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 515,000 3. *Ordinance No. 2519 -2010 Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. 4. *Ordinance No. 2520 -2010 Amending KMC Section 7.15.100, Setting Fee Schedules, to Provide for the Establishment of a Fee Schedule and to Require that Changes to Rates, Charges, or Fees of the City Shall be Proposed by the City Manager and be Effective After Approval of the City Council. 5. *Ordinance No. 2521 -2010 Increasing Estimated Revenues and Appropriations by $4,033.18 in the General Fund for State Bureau of Highway Patrol Overtime Expenditures. 6. `Ordinance No. 2522 -2010 Increasing Estimated Revenues and Appropriations by $2,069.53 in the General Fund for Training Funds Provided by the Alaska Police Standards Council. 7. Discussion Confirm /Schedule Work Session with Legislators 8. Discussion Schedule Work Session Wind Power Generation Study EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211 NOTICE OF PUBLIC HEARING NOVEMBER 23, 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. Resolution No. 2010 63 Authorizing the Transfer of $20,000 from the Police Salaries Account to the Police Overtime Account. 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 and /or resolutions 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. Corene Hall, Deputy City Clerk Posted: November 17, 2010 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all tithes here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda P0 #93476 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: November 19 2010 X SUBSCRIBED AND SWORN to me before 9t d0 of November 7010_ NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 26- Aug -12 KENAI TIN! (Public comment c 3 rninrates p ar pec ker present, than 30 minutes Fee iv Generation Additional inform Fidalgo Avenue, or on is AGENDA COUNCIL {2EGULAR NOVEMBER 23, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http./Avww.ci kenai ak us TEM B: SCHEDULED PUBLIC COMMENT limited to 10 minutes per speaker) ITEM 0: PUBLIC HEARINGS (Testimony limited speaker. Peroons may give their time over to anothe however no single speaker pre sent may speak for m n others behalf) Resolution No 2010.63 Authorizing the Transfer of $20,000 Police Salaries Account to the Pekoe Overtime Account. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2 Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2519 2010 Amending Title 3 of the Kenai Municipal.. Code,' Animal Control; to Amend the Definition of the Term 'Kenner Distinguish Between Commercial and- Non Commercial Kennels. to Establish Notice Process for Kennel License Applications and Renewals', and to Provide for a New Appeal Process of Kennel Licensing Decisions. 4 *Ordinance No. 2520 -2010 Amending KMC Section Setting Fee Schedules. to Provide for the Establishment of a Schedule and to Require that Changes to Rates, Charges, or re City Shall be Proposed by the City Manager and be Effer Approval of the City Council 5 *Ordinance No 2521.2010 Increasing Estimated Revenue Appropriations by $4,033.18 in the General Fund for State Bu Highway Patrol Overtime Expenditures. *Ordinance No.25224010 Increasing Sanctir r propriations by $Z069.53 in the General Fund Provided by the Alaska Police Standards Counci au ssien Confirrr /Schedule Work Session wit 0 scusslon Schedule Work Session Wind Pow XECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT The public is invited to attend and participa available through the City: Clerk's office at 2 at http /www cJ kenat ak us; Frees, C