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HomeMy WebLinkAbout2011-04-14 Airport Commission PacketAGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY February 10, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Casey Madden, Wince- Corthell- Bryson Airport Projects Update ITEM 5: OLD BUSINESS a. Discussion /Recommendation 1 Kenai Peninsula Air Fair Poster Newspaper Advertisement ITEM 6: NEW BUSINESS a. Discussion /Recommendation Kathy Chircop, d /b /a Alaska Realty Group, Inc. Request to Lease Additional Airport Terminal Space ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison KENAI AIRPORT COMMISSION APRIL 14, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. May 12, 2011 (Identify if you are requesting an excused absence.) ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS a. Kenai City Council Action Agendas of March 16 and April 6, 2011. b. 3/10/2011 Memoranda /Amendment to City Code Regarding Boards, Committees and Commissions c. Comprehensive Plan Update Flyer d. Airport Manager Report /February and March, 2011 e. March /2011 Enpianement Report f. FY2012 Proposed Budget Information g. Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence and Malting Technical Corrections. h. Ordinance No. 2547 -201 1 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project funds for the Purchase of Snow Removal Equipment, Phase 1. i. Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a Wildlife Hazard Assessment. ITEM 12: ADJOURNMENT PLEASE CONTACT U5 IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING: CAROL 283 -8231 OR MARY 283 -7951 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY January 13, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion /Recommendation Ma Pa Alaskan Treasures Purchase Request ITEM 6: NEW BUSINESS a. Discussion /Recommendation 1 lth Annual Kenai Peninsula Air Fair Poster ITEM 7: REPORT a. Commission Chair b. Airport Manager c. City Council Liaison KENAI AIRPORT COMMISSION FEBRUARY 10, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. March 7, 2011 (Identify if you are requesting an excused absence.) ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEMS ITEM 12: ADJOURNMENT Item 3 a. Kenai City Council Action Agendas of January 19 and February 2, 2011. b. Airport Manager' Report January 2011 c. January 2011 Enplanement d. FAA Alaska Aviation Fact Sheet e. Special Use Permit Buccaneer Alaska Operations, LLC KENAI AIRPORT COMMISSION FEBRUARY 10, 2011 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorum was present. ITEM 2: MOTION: MOTION: AGENDA APPROVAL J, Bielefeld, H. Knackstedt, L. Porter, E. Mayer, G. Feeken J. Zirul, R. Rogers Airport Manager M. Bondurant, Council Member R. Marquis Commissioner Mayer MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY January 13, 2011 Commissioner Mayer MOVED to approve the meeting summary of January 13, 2011 and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS 5 -a. Discussion /Recommendation Ma Pa Alaskan Treasures Purchase Request Christine Cunningham, Assistant to City Manager Ms. Cunningham gave a brief history of the potential land sale. Rick Koch, City Manager Koch stated Administration did not make the best effort to notify the lessee of the airport reserve boundary and requested a positive motion from the Commission to move forward with the sale. Zirul ABSENT Bielefeld YES Knackstedt i YES Porter YES Mayer I YES Feeken. i YES Rogers ABSENT Commissioner comments included: Believed the sale would not be detrimental to the future expansion of the airport. Recommended height restrictions including antennas and noise issues be included in the sales agreement. Recommended deed restrictions and aviation easements be included in the sal.es agreement. MOTION: Commissioner Porter MOVED to recommend the sale with the inclusion of Administration's suggestions. Commissioner Bielefeld SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 6: NEW BUSINESS 6 -a. Discussion /Recommendation 1 lth Annual Kenai Peninsula Air Fair Poster Airport Manager Bondurant introduced her new Administrative Assistant, Erica Shinn, to the Commission and stated they were worldng on the Kenai Peninsula Air Fair and reviewed the various poster designs included in the packet. Bondurant requested the Commission's input related to the poster design and general discussion followed. ITEM 7: REPORT 7 -a. Commission Chair Knackstedt reported on his appointment to the Planning and Zoning Commission.; noted his pleasure on staying on the Airport Cotnrnission; and, reported on the Planning and Zoning Commission's review of Buccaneer Oil's Conditional Use Permit. 7 -b. Airport Manager Bondurant reported Requests for Proposals (REP) for security guard services were due Friday, February 11, 2011; Invitations to Bid for car rental concessions were almost complete; and, two separate grants for Wildlife Hazard Assessment and Snow Removal Equipment had been submitted to the FAA. AIRPORT COMMISSION MEETING FEBRUARY 10, 2011 PAGE 2 7 -c. City Council Liaison Council Member Marquis reviewed the January 19 and February 2, 2011 City Council Action Agendas which were included in the packet. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. March 7, 2011 (Identify if you are requesting an excused absence.) Commissioner Mayer requested an excused absence for the March 7, 2011 meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS None ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 11: INFORMATION ITEMS 11 -a. Kenai City Council Action Agendas of January 19 and February 2, 2011. 11 -b. Airport Manager's Report January 2011 11 -c. January 2011 Enplanement 11 -d. FAA Alaska Aviation Fact Sheet 11 -e. Special Use Permit Buccaneer Alaska Operations, LLC ITEM 12: MOTION: ADJOURNMENT Commissioner Porter MOVED to adjourn and Commissioner Mayer SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:03 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk AIRPORT COMMISSION MEETING FEBRUARY 10, 2011 PAGE 3 Memo attachment "Servtvufthe/Gmater Petti guLW 305 N. WILLOW ST. SURE 200 KENAI, ALASKA 99611 TELEPHONE 907- 283 -7951 FAX 907- 2833737 To: Airport Commission From: Mary Bondurant Airport Manager Date: April 6, 2011 Subject: Recommendation for 11 KPAF Poster Newspaper Ad Does Commission approve of the attached "sticky note www.kenaiairport.com. Attached for review and approval is the "sticky note" for advertising the air fair in the Peninsula Clarion. The note will be on two different dates and circulated on approximately 10,000 papers for $1000. The KPAF account pays for this advertising expense. I will have a lay down of the proposed poster at the meeting; unfortunately it was not available by the Commission packet deadline. 1 prom V a. a Poker g I thAnnual Saturday, June 4, 201 Memo attachment "SewivuytheiQrea Kevta& Peninsular 305 N. WILLOW Sr. SURE 200 KEJAI, ALASKA 99611 TELEPHONE 907 2817951 FAX 907 283-3737 www.kenaiairport.com. To: Airport Commission From: Mary Bondurant Airport Mana Date: April 6, 2011 Subject: Proposal for Additional Office Space Attached is a proposal from Kathy Chircop, Owner, Alaska Realty Group, Inc., to rent the space vacated by the Medallion Foundation at the south end of the terminal building. The lease term would be on a month -to -month basis; should an aviation related interest request the area. Alaska Realty Group, Inc. is current in their payments to the City. Does Commission wish to recommend to Council that the City Manager enter into a lease with Alaska Realty Group, Inc.? Dear Mary, eelt',' rote ALASKA REALTY GROUP, INC. Located in the Kenai Airport 305 N Willow STE 106 Kenai, AK 99611 Our office is rapidly expanding and we are in need of more space in the Kenai Airport. We would like to expand into the small Medallions office. Can we also have the option to expand that office size to include the space behind the Oil platform display? Please let me know if we can make one or both of these options work for us. Sincerely, Kathy Chircop- Owner/Broker (907) 335 -3333 CITY OF KENAI KENAI MUNICIPAL AIRPORT LEASE OF AIRPORT FACILITIES THIS AGREEMENT is made this day of April, 2011, by and between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611, an Alaska home rule municipal corporation (City), and, Alaska Realty Group, Inc., 305 N. Willow, Suite 160, Kenai, Alaska, 99611 (Lessee). INTRODUCTION A. The City owns and operates the Kenai Municipal Airport and Airport Terminal Building (collectively "Airport located in Kenai, Alaska. B. Lessee operates a business from the Airport that is not aviation related. C. The City has space available at the "Airport which may be appropriately used for general office space, including storage of files and computer work, when other tenants are not interested in leasing the space for'aeronautical iation- related purposes. D. The City desires to lease this space to the Lessee on a month -to -month basis. E. Lessee (or its principals) currently leases other space at the Airport and it desires to rent additional space at the Airport to support its business activities. NOW THEREFORE, In consideration of the rights and obligations under this Lease, the parties agree as follows. A. PURPOSE: City leases to Lessee the following- described premises at the Airport: Office space consisting of 88 square feet, located on the first floor, terminal building, Kenai Municipal Airport, Kenai Recording District, Kenai, Alaska, within the NW' SE Y4, Section 32, T6N, R11W, S.M, and as more particularly set forth on Attachment A to this Lease (the Premises). Lessee is authorized to use the Premises for the following purposes only: general office work including billing, paperwork, filing, and file storage. B. TERM: This is a month -to -month lease commencing on the Page 1 of 14 L:Ai rport\C h irop\Lease.Term.040511 day of April, 2011. City Lessee C. RENTAL PAYMENT: Lessee shall pay City monthly rent based on the square footage of the Premises (88 sq.ft.), plus all applicable sales and other taxes, which rate is based upon the established rents for the Airport. Without waiving its rights under a month -to -month lease, the City expects future rental rates at the Airport to be as follows through May, 2013. June 1, 2010, to May 31, 2011 $2.00 x 88 $176.00 June 1, 2011, to May 31, 2012 $2.20x88 $193.60 June 1, 2012, to May 31, 2013 $2.42x88 $212.96 Rent is due from Lessee to the City in advance on or before the first day of each month beginning April 2011. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska, 210 Fidalgo Ave., Kenai, Alaska 99611. In addition to the rents specified above;r Lessee agrees to pay as additional rent to the appropriate parties all levies, assessments and charges as hereinafter provided: a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. b) Interest at the rate of eight percent (8 per annum and penalty of ten percent (1O of any amount of money owed under this Lease, where said amount is not paid onor the date it becomes due. Costs and expenses incident to this Lease including but not limited to, recording costs shall be paid by Lessee. D. G FE RAL COVENANTS: 1. USES: City reserves the right to grant others any right or privilege not specifically granted Lessee. The rights and privileges granted Lessee under this Lease are the only rights and privileges granted Lessee. Lessee has no easements, rights, or privileges, either express or implied, other than those specifically granted under this Lease. 2. USES NOT CONTEMPLATED PROHIBITED: Lessee shall not sell any service or product at the Premises without the prior advance written approval of the City. If a question or dispute arises concerning the sale of any service or product, Lessee may submit a written request to the City asking for a review and decision. The City will deliver a written decision to Lessee and the decision of the City is final. Page 2 of 14 City L:\ Airport \Chirop \Lease.Term.040511 Lessee 3. ASSIGNMENT OR SUBLETTING: Lessee shall not assign all or any portion of the Premises or its rights under this Lease, nor shall it enter into any sublease of Premises under, without the City's prior written consent. Any attempted assignment or sublease without advance written approval shall be void and of no effect. Any assignee of part or all of the Premises shall assume the duties and obligations of Lessee as to such part or all of the Premises. No such assignment, however, will discharge Lessee from Lessee's duties and obligations hereunder. 4. PREMISES MAINTENANCE: Lessee shall maintain the Premises in good repair, appearance, and in a clean and safe condition at all times. At its own expense, the Lessee shall paint, repair, or replace wall coverings, doors, counters, furnishings, fixtures, or other items as their condition may require. Lessee shall not delay in completing any action the City determines necessary for. safety or to maintain the Premises in good repair and appearance. Lessee shall pay for any nonstandard lighting fixtures, extraordinary power, or cleaning services caused or consumed by Lessee which, in the City's sole determination, are beyond the scope of normal services provided by the City to Airport tenants with similar uses. Lessee is responsible for the cost and installation of any electrical conduit or wiring beyond what is available on the Premises as of first date of this Lease. If Lessee causes damage to the City or to another Airport tenant due to inadequate maintenance by Le of any of Lessee's equipment, fixtures, or systems, Lessee will repair the damage at its own expense. If Lessee does not repair the damage, the City will repair the damage and bill Lessee for the City's costs. Lessee will pay the City within 30 days of the billing date and any sums due shall be collectible by City as additional rent. At the expiration this Lease, Lessee shall peaceably and quietly quit and surrender the Premises to the City. 5. CONSTRUCTION APPROVAL AND STANDARDS: Before beginning construction or installation of any improvement or alteration, Lessee shall first obtain prior written approval from the City before altering the Premises. Building construction shall be neat, presentable, and compatible with its uses and surroundings. The cost of any additional improvements to the terminal space shall be at Lessee's expense. 6. DEFAULT RIGHT OF ENTRY: any portion of the rent or fees when due, Page 3 of 14 L: \A i rpo rtlC h i ro p \Lea s e. T e rm.040511 Should default be made in the payment of or in any of the covenants or conditions City Lessee contained in this Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee ten (10) days to cure such default or defaults, after which if the default is not cured, the City may terminate the lease, reenter and take possession of the Premises, and remove all persons there from. 7. CONDITION OF PREMISES: Lessee has had an opportunity to inspect the Premises and Lessee accepts the Premises in its then present condition and "as is." Lessee acknowledges that the City's obligation is limited to making the Premises available to the Lessee for its use as permitted in Paragraph A, above. 8. UNDERLYING TITLE: The interests transferred or conveyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 9. RIGHT OF INSPECTION: City shall have the right at all reasonable times to enter the Premises, or any part thereof, for the purposes of inspection. Lessee shall provide the City emergency access to the Premises either by delivering keys to the Premises or by providing emergency telephone numbers where the City may reach Lessee or Lessee's agent on a 24 -hour basis. 10. INDEMNIFICATION: Lessee shall protect, indemnify and save harmless the City and its agents', officers, and employees from and against any and all claims, demands, and causes of action of any nature whatsoever for injury to or death of persons, or loss or damage to property, occurring on the Premises or in any manner growing out of or connected with the Lessee's use and occupation of the Premises or the condition, of;ttte Premises during the terms of this Lease. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless the City under the provisions of this Lease. 11. INSURANCE: Lessee shall throughout the term of this Lease, and at its own expense, secure and keep in force insurance, as stated below, to protect the City and the Lessee. Where specific limits are stated, they are the minimum acceptable limits. If Lessee's insurance policy contains higher limits, the City is entitled to coverage to the extent of the higher limits. Page 4 of 14 a. Comprehensive general liability insurance with coverage limits not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence where generally applicable, including in- terminal operations, independent contractors, products, and completed operations, broad City L: \Airport \C hi rop \Lease. Te rm.040511 Lessee form property damage, blanket contractual, and personal injury endorsements. b. Worker's Compensation insurance as required by the State of Alaska; and c. Comprehensive automobile liability insurance covering all owned, hired, and non -owned vehicles with coverage limits not less than $250,000 combined single limit per occurrence. All insurance required by this General Covenant must meet the following requirements: a. for comprehensive general liability insurance, name the City additional insured; b, for worker's compensation insurance, general liability, and automobile liability insurance include a waiver of subrogation so that the insurer waives all rights of subrogation against the City for payments made under the policy; c. include a provision that requires the insurer to provide the City with notice notification at least 30 days before any termination, cancellation, or material change in insurance coverage; and, d. be issued by a company /corporation currently rated "A-"or better by A.M. Best. Evidence of Insurance Coverage: a. The Lessee will submit to the City proof of continuous insurance coverage in the form of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. b. Evidence of insurance coverage must be submitted to the City before Lessee takes occupancy of the Premises. The effective date of the insurance will be no later than the date of commencement of this Lease. The indemnification and insurance coverage requirements stated herein do not relieve the Lessee of any other obligation under this Agreement. Page 5 of 14 City L: 1Airport\Chirop1Lease.Term.040511 Lessee The City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Agreement. The City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Lessee shall submit to the City evidence of insurance coverage that meets the requirements of the City. 12. COLLECTION OF UNPAID MONIES: Any or all rents, charges, fees, or other considerations which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 13. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver the Premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any. deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 14. RULES: Lessee shall observe, obey, and comply with all applicable rules, etc. of the City, borough, state or federal governments. 15. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the Premises shall not be construed as a denial of the right of quiet and peaceable possession. Lessee will conduct its operation in a first class, businesslike, efficient, courteous, and accommodating manner. Lessee will conduct all business in an orderly and peaceful manner without interfering with other tenants, users, or occupants of the airport. Page 6 of 14 City L:l AirportlChirop \Lease.Term.040511 Lessee 16. LESSEE TO PAY TAXES: Lessee shall obtain all necessary licenses and permits, pay all taxes lawfully imposed on its business, and pay any other fee or charge assessed under any applicable public statute, regulation, or ordinance. Nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures provided for by law. 17, SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 18. NO PARTNERSHIP OR JOINT VENTURE CREATED: City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the Premises. It is expressly understood and agreed that the relationship between the parties is, and shall at all times remain, landlord and tenant. 19. NON DISCRIMINATION; DBEs; AFFIRMATIVE ACTION: The City of Kenai's policy is to ensure that Disadvantaged Business Enterprises (DBEs) have the maximum opportunity to participate in the performance of airport concession contracts. Lessee shall comply with all applicable laws and regulations regarding the fair and equitable treatment, of DBEs. Lessee will ensure that DBEs have the maximum opportunity to participate in the performance of this Agreement, including the provision of supplies and services and any subcontracting opportunities. This Lease is subject to the requirements of the United States Department of Transportation's :regulations, 49 CFR Part 23, Subpart F. Lessee agrees that it will not discriminate'against any business owner because of the owner's race, color, religion, nationa,, origin, ancestry, age, or sex in connection with the award or performance of any,cOticession agreement covered by 49 CFR Part 23, Subpart F. Further, Lessee shall not discriminate on the grounds of race, color, religion, national origin, ancestry, age, or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Lessee recognizes the right of the City to take any action necessary to enforce this requirement of the Agreement. Lessee shall undertake any affirmative action program required by 14 CFR, Part 23, Subpart F, to insure that Lessee will not exclude any person from participating in any employment activity on the grounds of race, color, religion, national origin, ancestry, age, or sex. Lessee will not exclude any person on these grounds from participating in or receiving the services or benefits of any program or activity covered by the subpart. Page 7 of 14 City L: Airport \Chirop \Lease.Term.040511 Lessee Lessee further understands that it will require its covered sub organizations to provide assurances to the City that they will also undertake affirmative action programs and require assurances from their sub organizations, 20. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. 21. ENTIRE AGREEMENT; MODIFICATIONS: Subject to the City's modification rights below, this Lease, including any amendment, constitutes the entire agreement between the parties. No modification or amendment of this Lease is effective unless in writing and signed by both parties Any such material modification shall require Council approval Notwithstanding, Lessee further acknowledges that City may modify this Lease to meet any requirements of federal or State grants obtained by the City in order to operate and /or maintain the Airport, or in order to conform to the requirements of any revenue bond covenant to which the City of Kenaiisbound, and the City may do so without formal amendment of this Agreement. However, a modification may neither reduce the rights nor privileges granted the Lessee under this ;Agreement nor cause the Lessee financial loss. 22. WARRANTY: The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied that shall be profitable or suitable to employ the property to such use. 23. COMPLIANCE WITH LAWS: The Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the Premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold the City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and /or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. Page 8 of 14 L: \Airport \C hirop \Lease.Term.040511 City Lessee Lessee further agrees that it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. 24. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee shall not permit any liens including, but not limited to, mechanics', laborers', or raterial men's liens obtainable or available under the then existing laws, to stand against the Premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sub lessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee; provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien, On final determination of such lien or such claim for lien, Lessee shall immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied as Lessee's own expenses. 25. CONDEMNATION: In the event the Premises or any part thereof shall be condemned and taken for a public or quasi-public use then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term of any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and Other adjustments are just and equitable, the dispute shall be determined by arbitration. 26. SUCCESSORS IN, INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties thereto, subject to such specific limitations: on assignments as are provided for herein. 27. GOVERNING LAW: This Lease shall be governed by all respects by the laws of the State of Alaska. In the event of any dispute arising out of this agreement and such dispute results in a lawsuit, the parties will bring the lawsuit before the courts of the State of Alaska in the Third Judicial District at Kenai. Page 9 of 14 L: \Airport\C h i ro p \Lease. Te rm.040511 City Lessee 28NOTICES: 29. ENTRY AND RE- ENTRY: In the event That the Lease should be terminated as hereinbefare provided, or by summary proceedings or otherwise, or in the event that the Premises should be abandoned by Lessee, the City, its employees, officers, agents, or representatives may immediately, or any time thereafter, re -enter the Premises and resume possession of the Premises or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law and without being liable for any damages therefore. No re -entry by City shalt be deemed an acceptance of surrender of the Lease. (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this Lease unless such address has been changed pursuant to sub paragraph (b) hereafter, and in that case shall be mailed to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an approp`r'iate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 30. WRITTEN WAIVER: If the City does not insist in any one or more instances on the strict performance by Lessee of any provision or article under this Lease, it is not a waiver or relinquishment for the future, but the provision or article will continue in full force. A City waiver of any provision or article in this Lease cannot be enforced nor relied on unless the waiver is in writing and signed on behalf of the City. 31. EXPIRATION OF LEASE: Unless thisLease is renewed or sooner terminated as provided herein, Lessee shall peaceably and quietly leave, surrender, and yield up unto the City all of the leased land on or before the last day of this Lease. 32. FIRE PROTECTION: Lessee shall take all reasonable precautions to prevent and to suppress destructive or uncontrolled fires and shall comply with all laws, Page 10 of 14 City L:\ Airport\Chirop \Lease.Term.040511 Lessee regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the Premises are located. 33. MUTUAL CANCELLATION: Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 34. UNLAWFUL USE PROHIBITED: Lessee shall not allow the Premises to be used for an unlawful purpose. 35. APPROVAL OF OTHER AUTHORITIES:: This Lease does not relieve Lessee of responsibility of obtaining any and all licenses or permits as may be required by duly authorized Borough, State or Federal agencies. 36. EMPLOYEE PARKING: Terminal employees may use non-= exclusive employee vehicle parking facilities at no charge. All employees must register their vehicle(s) at the Airport Manager's office to receive a vehicle- parking permit to park while on the job. Non terminal employees may request parking through the Airport Manager's office on a case -by -case basis. Lessee shall be held accountable for Lessee's employees' use of designated vehicle parking facilities and shall assure that employees comply with all applicable airport directives. 37. JANITORIAL AND CLEANING SERVICES: Lessee shall provide, at its own expense, the 'day-to -day janitorial and cleaning services and supplies necessary to maintain the Premises. Lessee shall maintain the Premises in a clean, neat, and sanitary condition. 38. TRASH, GARBAGE, AND REFUSE: Lessee shall provide for the adequate sanitary handling and removal of all trash, garbage, and other refuse caused as a result of the Lessee's operations. Lessee will coordinate a schedule and procedure of trash removal with City. Lessee shall provide and use suitably covered or sealed receptacles for all garbage, trash, and other refuse produced from its operations inside the airport terminal building. 39. UTILITIES:.; City agrees to pay all public utility bills for electricity, gas, water, and all other utilities used or consumed, on the Premises reasonably incident to the permitted use of Lessee, and City will procure at its expense all meters and permits necessary for making connections and continuing utility services. 40. SMOKING: Neither the Lessee nor its employees may smoke on the Premises. Page 11 of 14 L:\AirportChiroplease.Term.040511 City Lessee 41. BUSINESS SOLICITATION: Lessee will only solicit and conduct business on the Premises as authorized under this Lease. Page 12 of 14 L:\AirportCh €rop \Lease. Term.040511 City Lessee IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. CITY: STATE OF ALASKA THIRD JUDICIAL DISTRICT STATE OF ALAS THIRD JUDICIAL DISTRICT Page 13 of 14 L: \Airport\Ch Trop \Lease. Term.040511 )ss )ss CITY OF KENAI By: Rick R. Koch City Manager LESSEE: ALASKA REALTY GROUP, INC. By: Kathy Chircop President The foregoing instrument was acknowledged before me this day of 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City Notary Public in and for Alaska My Commission expires: THIS IS TO CERTIFY the foregoing instrument was acknowledged before me this day of 2011, by Kathleen Chircop, President of Alaska Realty Group, Inc., a corporation, on behalf of the corporation. Notary Public in and for Alaska City Lessee Approved by Kenai City Council Approved as to Lease form by City Attorney Approved by Finance Director Approved by City Manager Return to: Krista S. Stearns City Attorney City of Kenai 210 Fidatgo Avenue, Suite 200 Kenai, Alaska 99611 -7794 Page 14 of 14 L:1Airport \Ch iroplLease.Term.040511 My Commission expires: City Lessee ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 16, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.u.s 1. Pledge of Allegiance 2. Roll Call a. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their tirne over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 0 minutes per speaker) 1. Bryan Zak, Alaska Small Business Development Center Program Update /Celebrating 25 Anniversary 2. Dennis Barnard Twin Cities Raceway Noise Problem ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited w 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 2, SUBSTITUTED/PASSED UNANIMOUSLY. Resolution No. 2011 -24 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. AMENDED/PASSED UNANIMOUSLY. Resolution No. 2011 -25 Authorizing a Budget Transfer Within the General Fund to Redirect an Amount Previously Appropriated for an Alternative Energy Project to the City's Municipal Park Playground Expansion Project and the Cemetery Improvement Project. E& 3. APPROVED /CONSENT AGENDA. *LIQUOR LICENSE RENEWALS Roy Dale Howard, d /b /a Kenai. Joe's (Beverage Dispensary, License No. 626) D E Investments, d /b /a The Bow (Beverage Dispensary, License No. 1312) ITEM E: MINUTES 1, APPROVED /CONSENT AGENDA. *Regular Meeting of March 2, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. UNANIMOUSLY APPROVED. Ratification of Bills 2. UNANIMOUSLY APPROVED. Approval of Purchase Orders Exceeding $15,000 3. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by S2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by $6,118.50 in the General. Fund Police Department for State Bureau of Highway Patrol. Grant Funds. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by $3,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. 6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2543 -2011 Increasing Estimated Revenues and Appropriations by $30,000 in the Municipal Park Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion. 7. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by 560,000 in the Cemetery Improvements Capital Project Fund. 8. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2545-2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to Change the Setback Requirements on Properties Within the Airport Perimeter Fence and Making Technical Corrections. UNANIMOUSLY APPROVED. Action /Approval Assignment of Right of -Way Pe suit ADL 26738 /From Marathon Oil Company to Kenai Nikiski Pipeline, LLC (a Subsidiary of Marathon Oil Company). UNANIMOUSLY APPROVED. Action /Approval Assignment of Lease /Tract C, Kenai Tidelands No. 2 from Ocean Beauty Seafoods, LLC to Pacific Star Seafoods, Inc. 11. DONATION /$225. Discussion /Action Skyview Mock Trial Team /State Champions Request for Support to Attend National Mock Trial Competition. 12. SUBSTITUTE ORDINANCE /APRIL 6, 2011 MEETING WI PUBLIC HEARING. Discussion Beekeeping Ordinance Update. 13. Discussion Development of Drift Boat. Pull -Out. 14. WORK SESSION/MAY 10, 2011, 6:00 P.M. Discussion Amendment to City Code Regarding Board, Commissions and Committees and Council on Aging. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4, Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention 86 Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2537 -2011 Amending the Kenai Municipal Code chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the city of Kenai Including the citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. (Clerk's Note: At the February 16, 2011 council meeting, Ordinance No. 2537 -2011 was postponed for referral to the Planning Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing.) ITEM M: ADJOURNMENT ITEM A: CALL TO ORDER ACTION AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 6, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its n.oi ual sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) Teens Against Tobacco Use (TATU) Dangers of Secondhand Smoke 2. Courtney Stroh "Caring for the Kenai" Project /Beach Cleaning After Dipnet Fishery. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker, Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2537 -2011 Amending the Kenai Municipal Code chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. (Clerk's Note: At the February 16, 2011 council meeting, Ordinance No. 2537 -2011 was postponed for referral to the Planning Zoning Commission for further review and consideration, after which it would be returned to Council for an additional public hearing. A motion to enact Ordinance No. 2537 -201I is active.) a. PASSED UNANIMOUSLY. Ordinance No. 2537 -2011 (Substitute) Amending the Kenai Municipal. Code Chapter 3.10, Control and Treatment of Animals, to Provide for New Regulation of Beekeeping Within the City of Kenai Including the Citation Procedures and Penalties for Violation of Ordinances, and Making Technical Changes and Corrections. PASSED UNANIMOUSLY. Ordinance No. 2540 -2011 Increasing Estimated Revenues and Appropriations by $2,537.49 in the General Fund Police Department for State Traffic Grant Overtime Reimbursements From the State of Alaska. 3. PASSED UNANIMOUSLY. Ordinance No. 2541 -2011 Increasing Estimated. Revenues and Appropriations by $6,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds. 4. PASSED UNANIMOUSLY. Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by $3,5].9.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. 5. PASSED UNANIMOUSLY. Ordinance No. 2543 -2011 Increasing Estimated Revenues and Appropriations by 530,000 in the Municipal Park Playground Expansion Capital Project Fund to Complete Engineering and Design Work for the Expansion. 6. Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by $60,000 in the Cemetery Improvements Capital Project Fund. a. PASSED UNANIMOUSLY. Ordinance No. 2544 -2011 (Substitute) Increasing Estimated Revenues and Appropriations by $30,000 in the Cemetery Improvements Capital Project. Fund. 7. PASSED UNANIMOUSLY. Ordinance No. 2545 -2011 Amending Chapter 14.24, "Development Requirements Tables," of the Kenai Municipal Code to Change the Setback .Requirements on Properties Within the Airport Perimeter Fence and Making Technical Corrections. AMENDED/PASSED UNANIMOUSLY. Resolution No. 2011 -26 Supporting House Joint Resolution No. 17, Urging the United States Congress to Pass Legislation Ensuring State Primacy Over the Regulation of Drinking Water and Wastewater Treatment. 9. PASSED UNANIMOUSLY. Resolution No. 2011 -27 Supporting Senate Bill 100, Which Would End Requirements for Termination Studies in Limited Circumstances. 10. PASSED UNANIMOUSLY. Resolution No. 2011 -28 Awarding a Contract to North Star Paving and Construction, Inc. for the Project Entitled, "Lawton Drive /Beaver Loop Water Main Extension 2011," for the Total Amount of $988,615.00. 11. PASSED UNANIMOUSLY. WITHDRAWAL OF OBJECTION TO CONTINNUED OPERATION OF LIQUOR LICENSE Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center (Recreational Site, License No. 3209) 12. PASSED UNANIMOUSLY. WITHDRAWAL OF OBJECTION TO CONTINUED OPERATION OF LIQUOR LICENSE L M Ventures, Inc., d /b /a Little Ski. Mo Drive Inn (License #1774) ITEM E: MINUTES 1. APPROVED /CONSENT AGENDA. *Regular Meeting of March 16, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. APPROVED. Ratification of Bills 2. APPROVED. Approval of Purchase Orders Exceeding $15,000 3. AMENDED/INTRODUCED/POSTPONED AND REFERRED TO PLANNING Qc ZONING COMMISSION. Ordinance No. 2546 -2011 Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. 4. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2547 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Equipment Capital Project Funds for the Purchase of Snow Removal. Equipment, Phase 1. 5. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2548 -2011 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund to Conduct a. Wildlife Hazard Assessment. 6. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2549 -2011 Increasing Estimated Revenues and Appropriations by S945,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility, Drilling of a New Water Production Well, and Completion of the Intertie to the City's Water Distribution System. 7. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2550 -2011 Increasing Estimated Revenues and Appropriations by $407,374 in the Water Sewer Special Revenue Fund and By $2,477,374 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 8. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2551 -2011 Increasing Estimated Revenues and Appropriations by $175,000 in the Bridge Access Water Sewer Capital Project Fund, $93,714 in the Water Sewer Special Revenue Fund, and by $895,714 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Construction of a Water Treatment Facility and Drilling of a New Water Production Well. 9. INTRODUCED /CONSENT AGENDA. *Ordinance No. 2552 -2011 Increasing Estimated Revenues and Appropriations by $288,000 in the Wellhouse 4 Capital Project Funds for a U.S. Environmental Protection Agency (EPA) State and Tribal Assistance Grant (STAG) Received to Complete the Intertie Between the Soon -to -Be Constructed Water Treatment Facility and the City's Water Transmission System. 10. CLERIC CONTACT. Discussion Joint Work Session with Kenai Peninsula Borough Assembly /Administration and City of Soldotna Council/ Administration. 11. PROVIDE ORDINANCE FOR CONSIDERATION. Discussion Request to Purchase /From Ma Pa Alaskan Treasures, Inc. Lot 2, Block 1, Gusty Subdivision. 1.2. NONE SCHEDULED. Discussion Schedule Additional Budget Work Sessions ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission. 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7, Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. I {enai 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 Cleric ITEM K: ADDITIONAL PUBLIC COMMENT EXECUTIVE SESSION None Scheduled TEM L: 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments ITEM M: ADJOURNMENT PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) TO: FROM: rt T1 SUBJECT: INTRODUCTION o KMC 1.90 s KMC 1.57 KMC 11.10 ICMC 14.05 s KMC 19.05 KMC 21.20 Because of fl Arbitration Panel, it e with a past, Gity with a f -utgre 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 I I o Mayor Porter and City Councilors tey1�/ Carol Freas, City Clerk Krista S. Stearns, City At March 10, 2011 Amendment to City Code Regarding Boards, Committees and Commissions The Council has requested input from the City's Clerk, Manager and Attorney regarding possible changes to the City Code to aid in the administration and function of the City's various boards, committees, and commissions (hereafter generally referred to as "committees What follows is a synopsis of some of the major problems and challenges in the function of the committees identified by either members of the Council and through administration of the committees by the City Clerk, along with a list of possible suggestions or ideas for addressing these problems. We have tried to keep everything on the table while providing a framework for further discussion, keeping in mind the Council's preference that more discussion was merited before specific Code revisions were proposed. For your ease of reference, we have attached a copy of the following: Standard Procedures for Boards, Comm issions and Committees Library Commission Harbor Commission Planning and Zoning Commission Parks and Recreation Commission Airport Commission tighly unique function and nature of operation ofthe personnel not discussed herein. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 2 of 10 Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions m Bylaws, Council on Aging Please keep in mind. that this memorandum represents a beginning point. The following lists and ideas are not necessarily comprehensive; they reflect some initial thinking on the matter to help guide a more productive future work session and discussion by the Council and the public. Also, as you review this rnemorand.um, be mindful that many of these items are interconnected.. For example, some committees routinely have trouble establishing a quorum. This may be addressed by lowering the number of committee members or changing the frequency of meetings or both. There is no straight path forward in this process. PROBLEMS /CHALLENGES IN COMMITTEE FUNCTION Absences. What is an excused /unexcused absence? Is retaining that distinction valuable? l should a committee handle absences? Should the committee handle absences, or should that fall to the Clerk (with specific direction) or the Council? Do a certain number of absences require removal from the committee? If so, who makes that determination? Problems Attaining a Quorum. Are there too many committee members? What notice should a committee member provide if they cannot attend and does that affect if an absence is excused or unexcused? Should the frequency of meetings be changed? Reeru,ittne and Retention of Committee Members. Does the City have too many committees? Would reduction of the number of committees help in recruitment by avoiding fatigue of volunteers? How should notice of vacancies be provided? Should that notice differ defending upon the committee? Resources. Work and other resources (paper) could he saved. if there was advance notice that there would be no quorum and a meeting can be cancelled, Should a meeting be cancelled on short notice if there is no quorum? If yes, upon how short of notice (public impacts /inconvenience)? Should packets be circulated only electronically? To what extent should these practices be set out in Code or policy or left to discretion of the Clerk and administration? Commission /Committee /Board Meeting Schedule I Scheduled Meeting Days I January through December, Second Fourth Wednesdays Planning Zoning Commission Bi- monthly Library Commission Monthly First Tuesday of month. Second Thursday of month. Second Tuesday of the month. Council on Aging i Monthly Meets January, April, May, September and October Beautification Committee j Amendment to City Code/Boards, Committees and Commissions Memorandum March 1.0, 2011 Page 3 of 10 W Overlapping and/or Obsolete Functions? Some committee functions may be umiecessarily duplicative. Some committee functions may no longer be relevant today or the duties are poorly defined. Should dudes of some committees be changed? Should functions be added or deleted or better described? Should committees be combined? Are there committees that should. be eliminated or re- named? Should some functions be assigned to su.hcommittees? There is no authorization for the formation or conduct of a Beautification Comntit:tee, yet this committee has met regularly and currently acts as an independent committee. Likewise, there is no specific mention of the Council on Aging in. the Code. The Council on Aging operates under bylaws which have been adopted by the City Council. The bylaws require only an annual meeting in January, although the Council meets more frequently.' MEETING INFORMATION The City of Kenai has seven (7) boards, commissions, and comtitt The m eeting schedule for each committee is not established in Code. instead, the meeting schedules are established in the Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions, The meetings are as follows: 2 This issue is not addressed in this memorandum except to identify it as a potential issue or problem. The City Clerk oversees the procedural aspects of the function of committees such. as arranging for notice, compiling and publishing (most) agendas and packets, and attendance. Although we anticipated that Mr. Koch would provide input to this memorandum for a joint presentation to the Council, we did not receive that input for the packet deadline. 9 Again, we make no recommendation in this respect other than to establish both committees in Code if they are to remain standing committees of the City. Parks Recreation Commission Meets August, October, December, February and April First Thursday of month. Airport Commission Monthly Second Thursday of month. Harbor Commission. Monthly First Monday after first council meeting of month. Commission /Committee /Board Scheduled Meetings Meetings Held /Cancelled /No Quorum Planning Zoning Commission 24 20 meetings held; four meetings cancelled (holiday or no business) Library Commission 12 12 f Nine meetings held; one cancelled; two no quorum J Eight meetings held; four meetings cancelled (no business) Council on Aging J Beautification Committee Five Five meetings held Parks Recreation Commission 7 Five meetings held; two meetings no quorum Airport Commission 12 Nine meetings held; three meetings cancelled Harbor Commission 12 Eight meetings held; two meetings cancelled for no business; two meetings no uorum Amendment to City Code/Boards, Committees and Commissions Memorandum March 10, 2011 Page 4 of 11 The meeting schedule for the various committees has changed over the years; but, the one constant is that meetings have been held at City Hall and at 7:00 p.m. Prior City Councils have felt very strongly that the meeting place and time for City committees be consistent to enhance convenience to the public. Also, because meetings are recorded, City Hall is the hest location for meetings because other locations are not properly set up to provide adequate, reliable recording. The single exception to this process is the Council on Aging that meets at the Senior Center. In 2010, the following meetings were held: SOLUTIONS /PROPOSALS /IDEAS As identified above, there is no clear path to resolving issues identified above. We offer the following as ideas for further consideration. Amendment to City Code /Boards Committees and Commissions Memorandum March 10, 2011. Page 5 of T O Reducing the Number of Committee Members The City's committees generally have seven members. four members must he present to establish a quorum in order to hold a meeting. The exception is the Council on Aging wh ich has nine members and, accordingly, five members in attendance establish a quorum. By reducing the number of committee members (for all or some committees), the Council addresses two issues recruitment and quorum. With respect to recruitment, Council Members and the Mayor have raised concerns about the ability to find and retain volunteers for City committees. By reducing the nutnher of committee members required, fewer volunteers are need.ed. It may also reduce volunteer fatigue which may occur if a person takes on additional duties simply to fill a vacancy. Research conducted by the Clerk reflects several communities within the State that have standing committees of only five members. In other words, this is not a novel approach. Moreover, because of the advisory duties of these committees, reducing the number of members is not expected to shift additional burdens to the members of the smaller committees. In Short, it should not increase the work for the remaining members, Of course, a smaller committee means less breadth of ideas and input from the public members. With respect to quorum, this proposal is a bit of a wash. By reducing the committee from seven to five members, the number of establishing the quorum is reduced by one member. However, the committee will have two fewer tnembers from which to draw that quorum. With seven members a quorum requires 57 percent attendance (4 persons). With Live members, a quorum requires 60 percent attendance (3 persons). Reduction of the membership of some committees would probably not be practicable. For example, with respect to the Airport Commission, the methodology of selection of committee members is to draw from different interest and user groups. By Code, the Airport Commission draws its membership from specific groups including fixed base operator lessees, terminal lessees, FAA personnel, Civil Air Patrol., at -large members, etcetera. Reduction of the number of members on the Council on Aging would require an amendment to its Bylaws, Interestingly, in an attempt (in part) to address quorum issues formerly experienced by the Council on Aging, the Council amended its Bylaws to raise the membership from seven and to nine (where 5 would be a quorum, requiring 55 percent attendance to establish a quorum). Amendment to City Code/Boards, Committees and Commissions Memorandum March 10, 2011 Page 6 of 10 Reduce the Number of Meetings Required This idea addresses several issues, some directly, some indirectly cancelled meetings, resource uses, and recruitment. With fewer meetings, fewer resources are consumed in terms of the Clerk's office human and physical resources. The Clerk's office would have to prepare fewer meeting packets (paper and electronic) and issue fewer public notices. This also reduces the responsibilities for the department heads that must attend the meetings and work with the Clerk to establish an agenda of items to discuss. Fewer meetings would also help reduce the number of cancelled meetings due to lack of business. This also reduces resource demands upon the City Clerk's office and time demands upon the department head who oversees the meeting. Reducing the number of cancelled meetings would also avoid frustration of members of the public who might count on a meeting being held only to find later that it was cancelled. It is difficult for ordinary citizens to follow all notices of meetings and cancellations. By holding fewer meetings the time demand on volunteers is reduced. Also, their participation in meetings with more '`meat" 031 the agenda might be more fulfilling. The Council could consider whether this might help recruitment as the duties of the members would be lightened somewhat. Finally, if the Council reconsiders the schedule of regular meetings, it should keep in mind the substantive duties of each committee. Meetings should be established, at a mu: itn:am, so they can he held a meaningful time to make recommendation to the committee's capital improvement list and budget preparation input (these recommendations from committees are gathered in October through December). Some committees have duties or interests that are primarily seasonal. So, a system of meetings for those committees might include more regular meetings in the spring and summer, for instance, but fewer or no meetings in the winter. Appoint an Alternate to Each Committee This suggestion would address quorum issues. The alternate would fill a seat for a member who may be absent at a given meeting. This idea would help to address the occasional problem that committees have in attaining a quorum and it has been tried in other communities. Most notably, the City of Soldotna once had an alternate system. When the Clerk contacted the City of Soldotna about that process, the Soldotna City Clerk reported. that the system allowing for appointment of alternates was eventually amended to delete that process beea.use it was found to he problematic for the alternate. The system effectively required the alternate to attend all meetings, just in case. The Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 7 of 10 sense was it became unfair to the alternate and it was probably not a very gratifying public service experience for that person. Eliminate /Change Process for Absences One long standing problem. is what the City does, if anything, regarding eon) members who do not participate actively once appointed to a position. This creates problems in establishing quorums and cancellation of meetings. In Chapter 1.90 of the Code, the general process of the committees is established. Addressing committee process most generally, there is a fairly confused process for dealing with absences, The process asks the committees to excuse a member for "good cause," a concept which is not defined and uses a time period of 3 consecutive calendar months from which to determine if absences not excused for "good cause" require disqualification. KMC 1,90.050 (b) reads: (b) If the commission, committee or board member shall be absent, without the body excusing the absence for good cause, from more than one half of all the meetings of his or her committee, commission or hoard, regular and special, held within any period of three (3) consecutive calendar months, he or she shall thereupon cease to hold. the seat, A commission, committee or board member may not have more than three (3) excused absences during a twelve (12) month calendar year. This process is not working. As best as we can determine, it is not hein.g used. Committee members are reluctant to disqualify a person from membership. It is a mentally difficult thing to do. There is no direction how to determine good cause." The frequency of meetings of some committees renders a 3- absence- in -12- month. standard a bit ridiculous since some committees do not meet very frequently. A committee member could effectively miss a substantial. majority of meetings but still not be subject to removal. The current standard in the Code also provides little guidance how one considers an absence where a meeting is cancelled, such as because the meeting is cancelled because members notify the Clerk that they will not be in attendance and the lack of a quorum is known in advance. And, there is no indication about who makes the decision or how information. is delivered to the committee member that they shall no longer he on the committee. The result is that some committees have been hampered from establishing quorums because a committee member may habitually not be in attendance and nothing is or can comfortably be done about it. This results in more cancelled meetings and less breadth of Amendment' to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 8 of 10 participation in general. Whatever process is selected to address this issue, the Code needs to be tunended to set forth a clear path of action from setting the attendance standard to instruct the Clerk about actions to take, to when and how the issue- is presented to Council. Here are several ideas or approaches to dealing with the attendance issue. Eliminate the distinction between excused and unexcused absences. Allow a certain number of absences and do not distinguish about reasons why a person is absent. If a member is ahsent more than allowed, a process would be. established to notify the member that he or she is no longer on the committee or to begin a process for their removal at the discretion of the Mayor and /or Council. A member forfeits membership on the committee if absent from three (or another number of) consecutive, duty noticed meetings. The position then. automatically becomes vacant or some other process is used to notify the member about their service. For example, the member could then he removed by notice from the Mayor with or without the approval of the Council or the member could be removed by a majority vote of the Council. A member may have an excused absence for good cause. What constitutes "good cause" shall be in the reasonable discretion of the committee. The member seeking to be excused may not vote on the "absence for good cause" question. A request to be excused must be submitted to the City Clerk, committee staff representative, and /or committee chair at a time certain prior to the next meeting's agenda preparation. A standard is created to guide who determines if the absence is excused and what is an excused or "good cause" absence. Provide better direction to committee members about them duties and notice obligations in the Code by spelling out the expectations more clearly. Whatever occurs, a process for removal should be better established, Removal could then be clone by one several ways. The Clerk would prefer not to be the decision maker, but if that is the preference of the Council, the Code should be amended to provide dear, non discretionary direction for the process. One assumes that such a process would include a notification letter to the (former) committee member with some 'follow up notice by the Clerk to the Council. A similar process could be set up for an automatic notice issued by the Mayor instead of by the Clerk, again with follow up notice to the Council.. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 201 I Page. 9of Alternatively, the face that a committee member has hit the absence threshold could instead be presented to the Council as a body for further action. The Clerk. could inform the Council who could then be given discretion to tenninate the person's service and. declare a vacancy. The Mayor could present the matter to the Council, announcing his or her intent, and seek ratification by the Council, much how appointments are currently handled. The matter could simply be listed as a discussion item on the Agenda and removal could he discussed and approved by a majority vote of the Council. .As always, different processes could be considered. for different committees. Amend Advertisement Process Several Council Members have expressed a concern about how the City recruits for members of committees. Some have suggested that notice of vacancies on committees could be advertised in the local paper, at least for the Planning Zoning Commission, The Mayor works very hard to keep channels of communication. open with members of the public to fulfill her duties of appointment, and it is not easy to rind volunteers. Accordingly, the following ideas may have some traction with the Council: Routinely advertise vacancies on committees in the newspaper, such as perhaps issuing a monthly or quarterly notice, Advertisement could. be added at little additional cost by posting in prominent places in the community (library, post office), by PSAs on the radio, and on the City's website. This would not require a Code change, but it might be a process to add to th.e City's policy on committees. Prior to the end of each calendar year, when vacancies naturally arise, advertise for vacancies in the newspaper. Advertisement could be added at little additional cost by posting in prominent places in the community (library, post office), by PSAs on the radio, and on the City's website. This would not require a Code change, but it might be a process to add to the City's policy on committees. Establish separate and unique policies for the Nanning Zoning Commission, which unique policies would reflect th.e additional duties and importance of this Commission as well as the more rigorous service required of those members. Create a stronger web presence on the City's web page that announces vacancies and how to apply for vacant positions. As with each issue identified in this memo, do nothing differently. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 10 of 10 Signify Advisory Capacity of Committees To avoid confusion with regard to the powers of committees, amend the sections of the Code describing the different committees by inserting "advisory" in the titles. The exception would be the Planning Zoning Commission. The P &Z Commission has independent authority under the Alaska Statutes and the Kenai Municipal Code in addition to advisory duties. Delineate Liaison Duties We believe that at least one Council Member has informally raised the issue of what really are the duties of a. liaison to a committee. If there is an interest in. this aspect of the City's function of committees or commissions, this would be an appropriate time to discuss this function as well. We do not currently have a good understanding if there is truly a concern here, so no suggestions are offered. 1.90.010 (b) STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1. 90.010 1.90.020 L90.030 1.90.040 1.90.050 1.90.060 Chapter 1.90 Creation. Duties. Qualifications. Terms. Proceedings. Specific requirements of boards, commissions and committees. L90.010 Creation. All boards, commissions and conu cre- ated by the Council of the City of Kenai, shall con- sist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chairman and vice-chairman shall be selected an- nually and shall be elected from and by the ap- pointed members. The Mayor and one Council Member elected by the Council as ex- officio mem- bers and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City adminis- trative staff shall attend all meetings of boards, commissions and committees and supply staff sup- port. 1.90.020 Duties. (a) Members of boards, commissions and com- mittees shall be required to establish policies relating to their respective organization. They shall ant in an advisory capacity to depart- ment heads within. the City Administration if there are such departments in the Cityorgani- zation that directly relate to the board, corn ommittee• If the board, commission or committee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish (Kenai Supn. Nn. 93,10-08) 34 1.90.030 Qualifications. (a) A member of a board, commission or com- mittee must he a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement. The member cannot be an offi- cer or employee of the City of Kenai. If any member should move his or her residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or ap- pointed as an officer or employee of the City of Kenai the service of such member shall terminate immediately. He or she should be a that he or sh will sen'e without salary, but will he reunbursed for all reasonable ex- penses incurred in connection with this ser- vice, only after approval by Council, The Beautification Committee, and Harbor, Library, and Parks and Recreation. Commis- sions may at the discretion of the Council have (1) up CO two (2) non- resident members each; or (2) have one (1) member who does not reside in the City but worlcs at least one half time within the City. (Ords. 1948 -2002, 2320 -2008) (b) 1.90.040 Terms. (a) A member of a board, commission or com- mittee shall serve for a ter of three (3) years, unless the board, commission or com- mittee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can re- appoint the member or recommend a re- placement. The tenns of the initial board, commission or c ommittee member shall be staggered so that three (3) members will be appointed for one (1) year; two (2) members will be appointed for two (2) years; and two (2) members will (b) expenses projected for the year for approval by the City Council. he appointed for three (3) years. Terms shall commence on January 1st of each year. 1.90.050 Proceedings. (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of boards, commissions and committees are sub- ject to the paramount authority of the City Council. If the commission, committee or board me ber shall be absent, without the body excusing the absence for good cause, from more than one -half of all the meetings of his or her com- mittee, commission or board, regular and spe- cial, held within any period of three (3) con- secutive calendar months, he or she shall thereupon cease to hold the seat. A commis- sion, committee or board member may not have more than three (3) excused absences during a twelve (12) month calendar year. (c) In all matters of parliamentary procedure, Robert's Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110 vot- ing. (d) The responsibility of insuring that all mea bcrs of boards, commissions and committees receivea of the.Standard Procedures of Boards, Commissions and Committees lies with. the City Clerk. (Ords. 1610 -94; 2017 -2003; 2050 -2004; 2140- 2006) (b) 34 -1 1.90,040 L90.060 Specific requirements of boards, commissions and committees. Requirements of boards, commissions and committees as set forth in KMC 1.90 are general requirements and shall be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual boards, commissions and committees, (Ords.1223, 1239) (Kenai Supp. Na.93, 70.08) Sections: 137.010 137.020 Chapter 1..57 LIBRARY COMMISSION Duties and powers. Library regulations. 1.57.010 Duties and powers. The Commission shall be required to do the following: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a master plan for the physical development of library facilities tor the City; (b) Submit annually to the Ciry Manager and Council a list of recommended capital and other improvements in regards to the library; (c) Make recommendations regarding any matter related to library service; (d) Serve as the liaison between the public and the City Council in regards to library service; (e) Work closely with the Kenai Community Li- brary Board for the betterment of the Kenai Cornmuttiry Library; (f) Shall act in an advisory capacity in the selec- tion of the City Librarian. (Ords. 852, 1161, 1802 -98) 1,57.020 Library regulations.. The Library Regulations shall be as listed under the regulations section in the Kenai Code, Supple- ment #18, adopted on September 20, 1982, and all future updates. (Ords. 852, 1161, 1802 -98) 2 1 1 .57.010 (Kenai 5 -21-99) Chapter 11.10 HARBOR COMMJSSIQN Sections: 11.10.010 Duties and powers. 11.10.010 Duties and powers. (a) The Commission shall be required to do the following: (1) Develop, adopt alter or revise, subject to approval by the City Council, a master plan for the physical development of harbor or port facilities for the City. Such master plan with accompanying maps, plats, charts, descriptive, and explanatory matter, shall show the Commission's recommendations for the development of the City Harbor facilities may include, among other things: (i) development of the type, location, and sequence of all public harbor facilities; (ii) the relocation, removal, extension, or change of use of existing harbor facilities; (2) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of the recommended capital im- provements which, in the opinion of the Commission, are necessary or desirable to be constructed during the forthcoming three (3) year period. Such list shall be arranged in order of preference, with rec- ommendations as to which projects shall be constructed in which year. (3) Make investigations regarding any matter related to City harbor facilities, tide or submerged lands. Make recommendations to the Council relative to the care, con- trol, and development of tide and sub- merged lands, 165 11.10.010 (4) Act in the capacity as directed and autho- rized by a tidelands ordinance adopted by the City. (5) Review all City leases of City -owned tide, submerged, and lands or navigable waters within the City, and as to the planned improvements proposed and make recommendations to the City Coun- cil. (6) Make and prepare reports and plans for approval by the City Council. (7) Coordinate public efforts, individual and group, to the effectuation of approved plans. (8) Shall act in advisory capacity in the se- lection of a Harbor Director should such a position be created by the City Council. (Ords. 474, 1161, 1802 -98) (Ketti 5-21-99) Chapter 14.05 PLANNING AND ZONING COMMISSION Sections: 14.05.010 Duties and powers. 14.05.020 Fees. 14.05.010 Duties and powers. (a) The Commission shall be required to perform the following duties: (1) Review and act upon requests for vari- ance permits, conditional use permits, pkanned unit residential development permits, and other matters requiring con- sideration under the Kenai Zoning Code. Interpret the provisions of the Kenai Zoning code and make determinations when requested by the Administrative Official. Review the City of Kenai Comprehensive Platt on an annual basis and conduct a minimum of one public hearing, Said recommendations shall be forwarded to the Council for consideration. (4) Promote public interest and understanding of comprehensive planning, platting, zoning, land management, and other issues relating to community planning and development (5) Proposed plans for the rehabilitation or redevelopment of any area or district within the City. (6) Perform historic preservation reviews and duties as set froth in KMC 14.20.105, (b) The Commission shall act in an advisory ca- pacity to the Kenai City Council regarding the following matters: (1) Kenai Zoning Code and Official City of Kenai Zoning Map amendments. (2) City and airport land lease or sale peti- tions. (3) Capital Improvements Programming, The Commission shall submit annually to the Council a list of recommended capital (3) 233 improvements which, in the opinion of the Commission, are necessary and desir- able to be constructed during the forth- coming three -year period. Such List shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. Commission shall act in an advisory ca- o the Kenai Peninsula Borough Plan- ning Commmsssior, reganling the following mat- ters: (1) Subdivision Plat pmposaLs. (2) Right -of -way and easement vacation petitions. (3) City of Kenai Comprehensive Plan amendments. (KMC 14-3; Orris. 155, 403, 1018, 1161, 1179, 1892 2000) (c) 14.05.010 14.05-020 Fees. In order to defray the expenses connected with the consideration of applications for variances and conditional use permits, the person presenting the application shalt pay to the City Clerk a fee in the amount of one hundred dollars ($100.00). A fee in the amount of one hundred dollars ($100.00) shall accompany an application for amendment to the Kenai Zoning Code or Official Map. Whether an application is granted or denied by the Commission, the petitioner or applicant shall not be entitled to the retum of the fee paid. (ICMC 14-11; Ords. 403, 954, 1161, 1179) Kenai 4-7.01) Sections: 19.05.010 19.05.010 19.05.030 Creation. Duties and powers. Terms and appointments to vacancies. Qngiilications of Commission members. 19.05.050 Proceedings of Commission. PARKS AND RECREATION COMMISSION 19.05.040 Chapter 19.05 19.05.010 Creation. (Ord. 416, repealed 1161) 19.05.010 Duties and powers. The Commission shall be required to do the following: (a) Develop, adopt, alter, or revise subject to ap- proval by the City Council, a toaster plan for the physiral development of recreation facilities for the City. Such master plan with accompany- ing maps, plats, charts, descriptive, and explan- atory matter, shall show the Commission's recommendations for the development of the City's recreation facility may include, among other things: (1) Development of the type, location, and sequence of all public recreation facilities; and (2) The relocation, removal, extension, or change of use of existing recreation facili- ties, (b) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of rec- ommended capital improvements, which in the opinion of the Commission. are necessary or desirable to be constructed during the forth- coming three (3) year period. Such list shall be arranged in order of preference, with recom- mendations as to which projects shall be con- structed in which year. 353 19.05.010 (c) Make investigations regarding any matter relat- ed to City recreation. (d) Make and prepare reports and plans for approv- al by the City Council. (e) Shall act in advisory capacity in the selection of a Director of Parks and Recreation. (Ords.416, 1161) 19.05.030 Terms and appointments to vacancies. (Ords. 416, 430, repealed 1161) 19.05.040 Qualifications of Commission members. (Ords. 416, 619, repealed 1161) 19.05.050 Proceedings of Commissio (Ord, 416, repealed 1161) 21.20.010 Sections: 21.20.010 21.20.020 21.20.030 Chapter 21.20 (c) (d) AIRPORT COMMISSION Duties and powers. Qualifications. Membership. 21.20.010 Duties and powers. The Commission shall: (a) Develop, adopi, alter or revise, subject to approval by the City Council, a master plan for the airport development. This may in- clude: (1) Development of type, location and se- quence of a ll airp terminal facilities; (2) Dcvelopment and use of all airport aeronautical lands. (b) Observe, oversee and guide in an advisory capacity, any matters relating to use of air- port runways, airport terminal, and airport aeronautical lands. Act in an advisory capacity to the Council and the Airport Manager. Make recommendations to the City Manager on the airport budget. (Ords. 2180-2006, 2241-2007) 21.20.020 Qualifications. Members of the Airpon Conmrission will conform to the requirements of the City of Kenai Boards, Commissions, and Con Standard Procedures as established by KMC 1.90, except that members of the Airport Commission need not he residents of the City of Kenai. (Ords. 1531 -93, 2180 -2006) 21.20.030 Membership. The Cominission shall comprise of seven (7) members who shall be chosen so as to represent broadly the following areas: (a) One member, fixed base operator (FPO). (b) One member, lessee of airport aeronautical lands or terminal facility. (xanal eupp. No. 92, 7 -OS 382 -8 (c) One member, with expertise in Federal Aviation Administration functions. One member, representing the Civil Air Pa- trol. Three members, at- large, representing the business and professional community. One non- voting member, representing ad hoc member of the Kenai City Council. (Ords. 1531-93, 2180-2006) (d) (e) (0 Commission /Committee /Board Meeting Schedule Scheduled Meeting Days Planning Zoning Commission Twice monthly January through December, Second Fourth Wednesdays First Tuesday of the month. Library Commission Monthly Council on Aging Monthly 1 Second Thursday of the month. Beautification Committee Meetings held January, April, May, September and October Second Tuesday of the month, Parks Recreation Commission Meetings held August, October, December, February, and April First Thursday of the month. Airport Commission. Monthly Second Thursday of the month. Harbor Commission Monthly First Monday after first coundi meeting of the month. Advisory Cemetery Committee Monthly Third Thursday of the month. (Sunsets on December 31, 2010.) KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS Commission, Committee Board Reappointment: If, after a term (or consecutive term) of appointment has been completed, a commission, committee or board member would like to be reappointed for an additional term, an application must be submitted to council for consideration and approval. Formation of Subcommittees of Commissions. Committees or Boards: A subcommittee of a commission, committee or board may be formed for a specific function if upon review by administration, it is indicated the subcommittee would be a governmental body and a subcommittee of a public entity and if the formation is approved by Council, If a subcommittee is approved by Council, the meetings of the subcommittee must be open to the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least five (5) days prior to the meeting; and the meetings may be electronically recorded and the recordings (the official record) stored in the City Clerk's Office. Meeting Schedules: Until further notice, the commission /committee meeting schedule is as follows: 1. Commission, committees and hoards, including Library, Parks Recreation and Airport Commissions and Beautification Committee, shall meet as listed above. 2, Council on Aging shall meet monthly at the Kenai Senior Center. 3. Planning Zoning Commission and the Personnel Arbitration Board is exempted from this meeting directive, 4. Commissions, committees, boards and the Council on Aging may, with the City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific purpose) on an as- needed basis. 5. Commission, committee and board meetings may be cancelled by the City Clerk, with notification. of Council and City Manager, if cancellation is warranted i e lack of agenda items, pre knowledge of lack of quorum, etc. KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORE SESSIONS PAGE 2 6. All commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7 :00 p.m. Council on Aging meetings will be held at the Kenai Senior Center and begin at 4:30 p.m. Exceptions for subcommittee meetings may be made with advance notice to and approval by the City Clerk. 7. Any additional commissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Council. Minutes Meeting Recording: 8. Excepting the Planning Zoning Commission and Personnel Arbitration Board, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Summary minutes will be produced by the City Clerk from the department liaison notes and provided to the City Council as official records of the meetings. 10. Electronic recordings of the meeting group, except the Planning Zoning Commission, shall be kept for two years. 1 1 Planning Zoning Commission meeting recordings shall continue to he kept for six years. Work Sessions: 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. 13. Work sessions may not be held without the approval of the City Clerk unless they occur or, the night of and at the time of a regularly- scheduled advertised meeting. 14. During work sessions, only items on the work session agenda may be discussed and no formai actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. Basic Meeting Information. 16, Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all matters of parliamentary procedure, Robert's Rules of Order, as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 (motions), KMC 1. 15.100 (spealdng), and KMC 1.15.110 (voting). 17. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is more than one -half of the board /commission (quorum of the whole). 18. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority of votes is required to pass a motion (three, if a five- member board; four, if a seven member commission; five, votes if a nine member board). 19. Speaking: In a meeting, members should be recognized by the Chair before speaking. 20. When is it a Meeting If any public business is discussed collectively by four or a majority of members of one commission, committee, board, or council, EFFECTIVE: This directive shall take effect June 17, 2010 and remain in effect until modified by the Kenai City Council. KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS PAGE 3 Approved by the Kenai City Council on the 16th daw of J may., 2010, ATTEST: Carol L. Freas, ity Clerk clf Revised 6716/2010 BY -LAWS AND RULES OF PROCP'JMURE FOR COUNCIL ON AGING KENAI, ALASKA The members of the Council on Aging, Kenai, Alaska, a local commttee organized under the laws of the State of Alaska, pursuant to federal and state funding, having as its object, the following code of by -laws and rules of procedure as its guidelines in all future operations. The mission of the Council on Aging is to advise the Mayor, City Council, Director, and the City of Kenai, of the needs of the elderly in the area, support the programs which enable the continued independence of senior citizens and serve as an advisory committee, whose purpose and make -up will be set forth under Article 1, Section 3. The adoption of these by -laws and rules supersedes, replaces, and nullifies any and all previously enacted, utilized, or governing rules or by -laws and further, by adoption of these by -laws and rules, the previously existing Council on Aging is deemed drssraved. Article 1 MEMBERSHIP The Council shall have a membership of nine (9j members. Over one -half of the members shall be participants of the Senior Citizens' programs, sponsored by the City of Kenai. The members of the Council shall be chosen in the following manner: 1. Members shall be chosen from among persons who have shown an. i nterest in the areas of the problems of the elderly, 2. The Mayor will appoint members to the Council on Aging subject to confirmation by the City Council. 3. There shall be a nine member Council on Aging appointed by the Mayor of Kenai. Five (5) members will be chosen from senior citizens who participate in the senior citizen programs sponsored by the City of Kenai. More than one -half of the Council on Aging members shall be participants of City of Kenai sponsored senior citizens' programs The duties of the Council will be as follows: a. Advise the Director of Seni.or Citizen Programs on matters dealing with the budgets for senior programs and programs op erated at the Senior Center. BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 1 b. Forward copies of meeting summaries to the Mayor of the City of Kenai, who, in turn, will forward the report to the City Council. c. To the extent practical, communications, advice, and reports shall be in written form and shall represent a consensus of the committee, Article II ELIGIBILITY A member of the Council shall be an adult person residing in. tine Kenai Peninsula area, and 51% of which must be sixty (50) years of age or older. No employee of the City of Kenai is eligible for /membership. There will be no more than one member per household. Article III MEETINGS Regular meetings shall be held monthly on the second Thursday of the month at the Senior Center. There shall be one annual meeting held in January of each year with fifteen days' notice given to all members of the Council. Special meetings may be called by the chairperson with approval of the Kenai City Clerk and notification of Councl and City Manager. Meetings may be cancelled by the City Clerk, with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda items, pre knowledge of lack of quorum, etc. Participating senior citizens shall be notified of the date, time, and place of the meeting by the monthly newsletter, as well as receipt of the meeting agenda and packet. All meetings shall be open to the public. However, this does not automatically ensure participation by non members of the Council. Article TV PLACE OF MEETINGS The meetings shall be held at the place designated as the Kenai Senior Citizens Center in Kenai, Alaska, or at the City of Kenai offices. Article V QUORUM A majority of the current membership shall constitute a quorum for the transaction of all business. BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 2 Article VI POWERS OF THE COUNCIL The powers of the Council are advisory only and are derived from the federal, state, and city local governments which provide the funds for operation and all powers and activities shall be exercised in accordance with law. All action taken by this Council shall be submitted to the City Administrator and shall be subject to approval by the Kenai City Council. Article VII OFFICERS Officers shall be elected for one -year terms at the annual meeting. There shall b¢ a Chairperson and Vice-Chairperson. Officers are limited to two (2) successive terms in the same office. Article VIII TERM OF APPOINTMENT AND ATTENDANCE Members of the Council are appointed by the City of Kenai to serve th„ ee (3) years or until termination by: 1. Resignation; 2. Request of Council on Aging; 3. Upon request of the City of Kenai.; or 4. If the member is absent, without the body excusing the absence for good cause, from more than one -half of all the meetings of the Council on Aging, regular and special, held within any period of three (3) consecutive calendar months, the member shall thereupon cease to hold the seat. A member may not have more than three (3) excused absences during a twelve -month calendar year. The term of each appointed member of the Council shall be three (3) years. The terms shall be staggered so that three (3) members shall be appointed every third year and three (3I members shall be appointed in each of the other years of every such three year period. Article IX HONORARY MEMBER APPOINTMENT When a member is no longer able to actively participate on the Council on Aging, the remaining membership may, by majority vote, request the Mayor to appoint the non active member to the Council on Aging as an honorary member. The honorary member would be a non voting member. BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 3 Article X VOLUNTEERS Volunteers wishing to serve upon committees established by the Council on Aging may be appointed by the Council chairperson or his representative to do so without, therefore, becoming members of the Council. All meetings of the Council shall be conducted in. accordance with rules of parliamentary practice and, in the absence of other authority, shall be governed by the provisions of Roberts Rules of Order, Article 1.1 RULES OF MIETING *t a r. n*ace t At a regular meeting of the Council on Aging, Kenai, Alaska, the amended by -laws and rules of procedures were adopted as the official by -laws and, rules of procedure by a majority vote of a quorum of the members present on November 13, 2008, Pat Porter, or (Approved by Kenai City Council, November 19. 2008) /Joanna Horner, Chair, Council on Aging BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 9 MEMO: TO: City Council FROM: Rick Koch DATE: March 10, 2 011 SUBJECT: City of Kenai Commissions The purpose of this correspondence is to submit suggestions and /or recommendations to Council regarding structure and operations of the City's Commissions for your consideration. City Code provides for the following Commissions: 1, Library Commission 2, Airport Commission 3. Parks Recreation Commission 4, Harbor Commission 5. Planning Zoning There is also a Committee and Council: 1. Beautification Committee 2. Council on Aging As background information 1 have attached the following: Tillage with a Past Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 1. A memorandum from the City Attorney dated August 27, 2003 in response to questions from the Council regarding the powers of the various city commissions and committees. 2. Kenai Municipal Code 1.90, Standard Procedures for Boards Commissions and Committees 3. Kenai Municipal Code 11.10, Harbor Commission 4. Kenai Municipal Code 21.20, Airport Commission 1 11 1992 5. Kenai Municipal Code 1.57, Library Commission 6. Kenai Municipal Code 14.05, Planning and Zoning Commission 7. Kenai Municipal Code 19.05, Parks and Recreation Commission A number of the following suggestions and /or recommendations are generic to all or most of the Commissions. However, as Mr. Graves points out in his memorandum, the Planning and Zoning Commission is somewhat unique, in that it has independent primary authority. The remainder of the Commissions are advisory bodies. The following are lists, by Commission of suggestions and, or recommendations you may wish to consider: Planning Zoning Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy Eliminate KMC 1.90.050 (b) and replace with self executing language such as "If a Commissioner fails to attend fifty percent (50 of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3, Capital Improvements Programming Eliminate KMC 14.05.010(b)(3). This process is accomplished by Administration and Council. Harbor Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty percent (50 of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan Eliminate KMC 11,10.010(a)(1) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31 of each year and submitted to Council and the City Administration." 4. Capital Improvements —Amend KMC 11.10.010(a)(2) by removing "...not less than ninety (90) days prior to the beginning of the budget year" and replace with ..."prior to December 31 of each year 5. Harbor Director Eliminate KMC 11.10.010(a)(8) in its entirety. 6. Meeting Schedule Add'The Harbor Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required." 7. Creation Harbor Commission reduced from seven (7) members to five (5) members. (Move from KMC1.90 to KMC 11.10) 8, Consider combining Harbor Commission with Parks Recreation Commission. 9. Title Amend title of KMC 21.20 to "Harbor Advisory Commission." Airport Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy— Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty percent (50 of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan Eliminate KMC 21.20.010(a) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31 of each year and submitted to Council and the City Administration." 4. Meeting Schedule Add "The Airport Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required." 5. Title Amend title of KMC 21.20 to "Airport Advisory Commission." Library Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty- percent (50 of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan Eliminate KMC 1.57.010(a) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should he adopted prior to December 31 of each year and submitted to Council and the City Administration," 4. Capital Improvements Add to KMC 1.57.010(b) "...not less than ninety (90) days prior to the beginning of the budget year;" 5. Meeting Schedule Add "The Library Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required." 6, Title —Amend title of KMC 1.57 to "Library Advisory Commission." 7. Creation Library Commission reduced from seven (7) members to five (5) members. Parks and Recreation Commission 1. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 2. Attendance Policy— Eliminate KMC 1.90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty- percent (50 of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 3. Master Plan Eliminate KMC 19.05.010(a) and replace with the following, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31 of each year and submitted to Council and the City Administration." 4. Capital Improvements Add to KMC 19,05.010(b) "...not less than ninety (90) days prior to the beginning of the budget year;" 5. Duties Eliminate KMC 19.05.010(e). 6. Meeting Schedule —The Parks Recreation Commission shall schedule quarterly regular meetings, special meetings may be called to address specific issues as required. 7. Title Parks Recreation Advisory Commission 8. Creation —Parks Recreation Commission reduced from seven (7) members to five (5) members. 9. Consider combining Parks Recreation Commission with Harbor Commission. Beautification Committee 1. Create stand -alone Beautification Commission. 2. Eliminate KMC 1.90 and create a stand -alone chapter for each Commission. 3. Attendance Policy Eliminate KMC L90.050 (b) and replace with the following, "If a Commissioner fails to attend fifty percent (50 of meetings in any twelve (12) month period, the Commissioner will have resigned their seat on the Commission. The City Clerk will notify the City Council of the resignation at the next regularly scheduled Council meeting." 4. Capital Improvements —Add a section for a CIP plan requiring submittal to Council and Administration prior to December 31 of each year. 5. Duties Include, "Develop, adopt, alter, or revise a plan identifying goals and objectives for a three year period. This plan should be adopted prior to December 31 of each year and submitted to Council and the City Administration." 6. Meeting Schedule —The Beautification Commission shall hold quarterly regular meetings, special meetings may be called to address specific issues as required. 7. Title Beautification Advisory Commission 8. Creation Beautification Committee (Commission) reduced from seven (7) members to five (5) members. Council on Aging No Suggested Changes The City code as it presently exists is often confusing when attempting to determine the "rules of the road" that apply to the Commissions. KMC 1.90 applies to all Boards, Commissions, and Committees, unless specific information is contained elsewhere in the code. It would be nice to have the code as it applies to a specific commission all in one place. grail MEMO N T 1Z TO: FROM:( DATE: RE: Commission and Committee Members Cary R. Graves, City Attomey August 27, 2003 Catnmission and Cotrxmittee Powers CITY OF KENA 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611 -T794 TELEPHONE 907. 283.7535 FAX 907- 283 -3014 The Council asked me to write a memorandum regarding the powers of the various city commissions and committees (hereinafter "commissions KMC 1.90 outlines the standard procedures for them. The general procedures apply unless there are specific code sections regarding the commission or committee that specify otherwise, KMC 1,90,020(a) states that commissions and committees "shall act in an advisory capacity to department heads within the City Administration." (Emphasis added.) KMC 1.90.050 states, "All acts of boards, commissions and committees are subject to the paramount authority o f the City Council." The impetus behind this memorandum was a move by a Commission Chair to independently go out for and craft a request for proposals for management of a city facility. In that case, it appeared the Commission Chair intended for the commission to bypass the City Council and Manager and do its own process for the selection of management of the facility. Such a process clearly exceeded the scope of the intended powers of a commission. Of the various commissions, the one with primary independent authority is the Planning and Zoning Commission. That commission has independent authority under AS 29.40 and KMC 14.05.010 for the determination of various zoning issues such as granting of variances or conditional use permits. Those decisions, however, are still subject to appeal to the City Council acting as the Board of Adjustment and then the Superior Court. In other areas, that commission acts oniy in an advisory capacity to the city and borough. The other commissions act almost exclusively as advisory bodies. They, subject to council approval, adopt master plans for the physical development of facilities and some of them (e.g.. Library, and Parks and Recreation) also make advisory recommendations as to hiring of a department head. The duties of the various commissions are in the code as follows: 1) Planning and Zoning —KMC 14.05.010: 2) Harbor —KMC 11.10.010; 3) Library —KMC 1.57.010; 4) Commission and Commit _Members August 27, 2003 Page 2 of 2 Parks and Recreation —KMC 19.05.010; 5) Airport —KMC 21.25.010; 6) Beautification —KMC 1.90.020 and 7) Council on Aging —KM.0 190.020 and Article Vi of its Bylaws. Copies of the various code sections are attached for your review. Please feel free to let me know if you have any questions. CRG /sp Attacbunents cc: Linda L. Snow, City Manager 1,90,010 Sections: 1.90.010 1.90.020 1.90.030 1.90.040 1.90,050 1.90.060 (b) STANDARD PROCEDLRES FOR BOARDS, COMMISSIONS AND COMMITTEES (Kenai Rupp- Nn. 93, W -08) Chapter 1.90 Creation. Duties. Qualifications. Terms. Proceedings. Specific requirements of boards, commissions and committees. 1,90.010 Creation. All boards, commissions and committees cre- ated by the Council of the City of Kenai, shall con- sist of seven (7) members who shall be nominated by the Mayor and confined by the City Council from applications submitted to the City Clerk. A chairman and vice- chairman shall be selected an- nually and shall be elected from and by the ap- pointed members. The Mayor and one Council Member elected by the Council as ex- officio mem- bers and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City adminis- trative staff shall attend all meetings of boards, commissions and committees and supply staff sup- port. 1.90.020 Duties. (a) Members of boards, commissions and com- mittees shall be required to establish policies relating to their respective organization, They shall act in an advisory capacity to depart- ment heads within the City Administration if there are such departments in the City organi- zation that directly relate to the hoard, com- mission or committee. If the board, commission or committee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish 34 (b) expenses projected for the year for approval by the City Council. 1.90.030 Qualifications. (a) A member of a board, commission or com- mittee must be a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement. The member cannot be an offi- cer or employee of the City of Kenai. If any member should move his or her residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or ap- pointed as an n officer or employee of the City of Kenai, the service of such member shall terminate immediately. He or she should be aware that he or she will serve without salary, but will be reimbursed for all reasonable ex- penses incurred in connection with this ser- vice, only after approval by Council. The Beautification Committee, and Harbor, Library, and Parks and Recreation Commis- sions may at the discretion of the Council have (1) up to two (2) non- resident members each; or (2) have one (I) member who does not reside in the City but works at least one half time within the City. (Ords. 1948-2002, 2320 -2008) 1.90.040 Terms. (a) A member of a board, commission or com- mittee shall serve for a term of three (3) years, artless the board, commission or com- mittee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can re- appoint the member or recommend a re- placement. (h) The terms of the initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one (1) year; two (2) members will be appointed for two (2) years; and two (2) members will Chapter 11.10 HARBOR COMMISSION Sections: 11.10.010 Duties and powers. 11.10.010 Duties and powers. (a) The Commission shall be required to do the following: (1) Develop, adopt, alter, or revise, subjec to approval by the City Council, a master plan for the physical development of harbor or port facilities for the City. Such master plan with accompanying maps, plats, charts, descriptive, and explanatory matter, shall show the Commission's recommendations for the development of the City Harbor facilities may include, among other things: (0 development of the type, location, and sequence of all public harbor facilities; (ii) the relocation, removal, extension, or change of use of existing harbor facilities; (2) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of the recommended capital im- provements which, in the opinion of the Commission, are necessary or desirable to be constructed during the forthcoming three (3) year period. Such list shall be arranged in order of preference, with rec- ommendations as to which projects shall be constructed in which year. (3) Make investigations regarding any matter related to City harbor facilities, tide or submerged lands. Make recommendations to the Council relative to the care, con- trol, and development of tide and sub- merged lands. 165 (4) 11,10.010 Act in the capacity as directed and autho- rized by a tidelands ordinance adopted by the City. (5) Review all City leases of City-owned tide, submerged, and lands or navigable waters within the City, and as to the planned improvements proposed and make recommendations to the City Coun- cil. (6) Make and prepare reports and plans for approval by the City Council. (7) Coordinate public efforts, individual and group, to the effectuation of approved plans (B) Shall act in advisory capacity in the se- lection of a Harbor Director should such a position be created by the City Council (Ords.474, 1161, 1802 -98) (Reno 5.2) -99) 21.20.010 (Kenai Supp. No. 92, 3.118) Chapter 21.20 AIRPORT COMMISSION Sections: 21.20.010 Duties and powers. 21.20.020 Qualifications. 21.20.030 Membership. Duties and powers. The Commission shall: (a) Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the airport development. This tnay in- clude: (1) Development of type, location and se- quence of all airport terminal facilities; (2) Development and use of all airport aeronautical lands. (b) Observe, oversee and guide in an advisory capacity, any matters relating to use of air- port runways, airport terminal, and airport aeronautical lands. (c) Act in an advisory capacity to the Council and the Airport Manager. (d) Make recommendations to the City Manager on the airport budget, (Ords.2180- 2006, 2007) 21.20.020 Qualifications. Members of the Airport Commission will conform to the requirctnents of the City of Kenai Boards, Commissions, and Committees Standard Procedures as established by KMC 1.90, except that members of the Airport Commission need not be residents of the City of Kenai. (Ords. 1531 93, 2180 -2006) 21.20.030 Membership. The Commission shall comprise of seven (7) members who shall be chosen so as to represent broadly the following areas: (a) One member, fixed base operator (FBO). (b) One member, lessee of airport aeronautical lands or terminal facility. 382 -8 (c) One member, with expertise in Federal Aviation Administration functions. (d) One member, representing the Civil Air Pa- trol. (e) Three members, at- large, representing the business and professional community. (f) One non voting member, representing ad hoc member of the Kenai City Council. (Ords. 1531 -93, 2180 -2006) Sections: 1 57,01it 1.5 ,0211 "Ira t� rLl eRARY 4,OMIIMiSSBOry Duties arid pourers, Library reputations. 1.57.010 'Doilies and pews The Commission shall be re urreci to do the following: (a) Develop, adopt, alter, or revise subject to approval by the City Council, a master plan for the physical development of library facilities for the City; (b) Submit annually to the City Manager and Council a list of recommended capital and other improvements in regards to the library; (c) Make recommendations regarding any matter related to library service; (d) Serve as the liaison between the public and the City Council in regards to library service; (e) Work closely with the Friends of the Kenai Community Library for the betterment of the Kenai Community Library; (fl Shall act in an advisory capacity in the selection of the Library Director. (@ids. 852, 1161,1802 -98, 2184 -2006) L57,020 Library regulations, The Library Regulations shall be as fisted under the regulations section in the Kenai Cede, Supplement No. p8, adopted on September 20, 1982, and all fiance updates. (Ords. 852, 1151, 1802 -98 2184-2006) 21 1.57.010 (Kr Sups. Nn. 89, f 2-06 14.05.010 Duties and powers. (a) The Commission shall be required to per- form the following duties: (1) Review and act upon requests for vari- ance permits, conditional use perntit's, planned unit residential development Permits, and other matters requiring consideration wider the Kenai Zoning Code. (2) Interpret the provisions of the Kenai Zoning code and make determinations when requested by the Administrative. Official. Review the City of Kenai Comprehen- sive Plan on an annual basis and con- duct a minimum of one (1) public hear- ing. Said recommendations shall be forwarded to the Council for consid- eration. (4) Promote public interest and under- standing of comprehensive planning, platting, zoning, land management, and other issues relating to community planning and development. Proposed plans for the rehabilitation or redevelopment of any area or district within the City (6) Perform historic preservation reviews and duties as set froth in KJMC 14.20.105. (b) The Commission shall act in an advisory capacity to the Kenai City Council regarding the following matters: (1) Kenai Zoning Cade and Official City of Kenai Zoning Map amendments. (2) City and airport Land. lease o'r sale peti- tions. PLANNING AND ZONING COMMISSION Sections: 14,05.010 Duties and powers. 14.05.0241 Fees. (5) Chapter 14,05 233 (d) (3) 1,4.05.010 Capital Improvement's Programming. The Commission shall submit annually to the Council a list of recommended capital improvements which, in the opinion of the Commission, are neces- sary and desirable to he constructed during the forthcoming three -year pe- riod. Such list shall be arranged in or- der of preference, with recommenda.- ti.ons as to which projects shall be con- structed in which year. (c) The Commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the follow- ing matters: (1) Subdivision Plat proposals. (2) Right -of -way and easement vacation petitions. (3) City of Kenai Comprehensive Plan. amendments. Members of the Planning and Zoning Com- mission shall be compensated at the rate of one hundred dollars ($100.00) per month. (KMC 14 -3; Ords. 155, 403, 1018, 1161, 1179, 1892- 2000,2312 -2008) 14,05,020 Fees. In order to defray the expenses connected with the consideration of applications for vari- ances and conditional use pemtits, the person pre- senting the application shall pay to the City Clerk a fee in the amount of one hundred dollars (81.00.00). A fee in the amount of one hundred dollars (5100.00) shall accompany an application for amendment to the Kenai Zoning Code or Offi- cial Map. Whether an application is granted or denied by t'h,e Cotnrnission, the petitioner or ap- plicant shall not be entitled to the return of the fee paid. (KMC 14-11; Ords. 403, 954, 1161, 1179) (Kenai Supp. No 93, 10-08) Chapter F9.05 PARKS A` &i C EA ATOP CONEVIISSION Sections: 19.05,010 Creation. 19,0$,010 Deities and powers. 19,250030 Terms and appointments to vacancies. 2.9.05.040 Qualifications of Conimths5on members. proteditags of Commission, 19,05.01 (Ord. 416, re 19.05,0110 Duties and powers. The Commission shall be required to do the following: (a) Develop, adopt, alter, or revise subject to ap. proval by the City Council, a master plan for the physical development of recreation facilities for the City, Such master plan with accompany- ing maps, plats, charts, descriptive, and explan- atory matter, shall show the Commission's recommendations for the development of the City's recreation facility may include, among other things: (1) Development of the type, location, and sequence of all public re--teener/ facilities; and (2) The relocation, removal, extension, or change of use of existing recreation facili- ties. (b) Submit annually to the City Manager and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of rec- ommended capital improvements, which in the opMien of the Commission, are necessary or desirable to be constnacted during the forth- coming three (3) year period. Such list shall be arranged in order of preference, with recom- mendations as to which projects shall be con stmcted in which year. 59,05.010 (c) Make investigations regarding any matter relat- ed to City recreation. (d) Make and prepare reports and plans for approv- al by the City Council, (e) Shall act in advisory capacity in the selection of a Director of Parks and Recreation. (Orals. 416, 1161) 19.05,930 Teams arad appointments to vacancies, (Ords. 416, 430, repealed 4,161) 19.1)&940 Qualifica9i ®see; of C emmrlssien members. (Ords. 416, 619, repealed 1161) 19.0+5.00 Proceedings of Crtpe®raaiSSinmm. (Ord. 416, .repealed 1 161 the uZy of KENAI, 5 ave these dates The City of Kenai is kicking off the Comprehensive Plan update. We hope you can join us: April 21, 2011 -6 to 8 Joint Work Session City Administration Board, Commission Committee Meeting (A Tight meal will be provided.) City Hail—Council Chambers (210 ridalgo Avenue, Kenai) April 23, 2011— 8:45 am 1 pm (Registration Opens 8 a.m.) Public Meeting Collaborative Planning Session Kenai Senior Center (361 Senior Court, Kenai) Airport Improvement Program: Peninsula Winter Games: Scott Hanson and Derrick Stanton did an outstanding job carving the airport's ice sculpture for the winter games. 2011 -02 February 2011 Airport Manager's Report Apron Rehabilitation: Winter shutdown. Float Plane Basin Facility Improvement Project: Wince- Corthell- Bryson is continuing with the design effort. Master Plan City Administration is developing a work scope for this plan. FAA Grant Applications: The FAA continues to operate the Airport Improvement Program through an extension that ends March 31, 2011. I requested and received approval to submit two grant applications for new snow removal equipment and a Wildlife Hazard Assessment that were programmed for FY11. These applications were submitted on January 31, 2011 and the grant offers are expected back to the City by February 18, 2011, Lease Lot Inspections: All lease lots within the airport reserve have been inspected by City and Airport staff. The purpose of the inspections is to ensure that all tenants are in compliance with the terms of their respective agreements. Lease lot inspections are a component of FAR Part 139 and will be conducted on an annual basis. RFP for Airport Security Guard Services: The RFP for Security Guard Services is due Friday, February 11. The proposals will be evaluated the week of February 1 with a recommendation to award at the March 2, 2011 Council meeting. On- Airport Car Rental Concessions: The bid documents for car rental concession opportunities are almost complete and the concession will be advertised the end of February. Training: Airport staff completed the mandatory Non Harassment/Supervisor Loss Control Training at City Hall on January 18`" and January 19` Airport Manager Airport Administrative Assistant travel to Anchorage an February 23' to attend the 8`" Annual DBE Business Summit. 2011 Kenai Peninsula Air Fair: Saturday, June 4, 2011. If you can volunteer please contact Mary or Erica. 14 enai Municipal Airpo Airport Improvement Program: Apron Rehabilitation: Winter shutdown. March 2011 Airport Manager's Report Float Plane Basin Facility Improvement Project: Wince- Corthell- Bryson is working on the design. Master Plan City Administration is working on a scope for this project. FAA Grant Funds: Two grant applications for new snow removal equipment and a Wildlife Hazard Assessment that were programmed for FY11 are at the FAA headquarters. The grant offers are expected back to the City the week of March 7, 2011. Airport Security Guard Services: City Council awarded the airport security guard contract to Guardian Security on March 2, 2011. The new contractor took over on Thursday, March 3, and the transition has been very smooth. They are very excited to be back on the airport grounds providing this service to the airport. Airport Emergency Control Plan (AECP) The new AECP is still on the desk of the FAA Certification Inspector for review and approval. Airport Tours: The Airport Assistant has been very busy with giving school children tours at the terminal. Thank you to the Kenai Fire Department for assisting and bringing the new Aircraft Rescue Fire Truck for the kids to look over and have a picture with. Airport Parking: One of the first tasks assigned to the Airport Assistant was to attempt collection of parking violations from June to December 2010. She sent out 120 letters and has collected roughly $400 from these violations. Since this effort is now being done monthly there are only 25 outstanding violations since January. The airport has even experienced days where every single vehicle has paid for parking! Float Plane Basin Fuel Pumps The new fuel pumps have arrived in Anchorage and bids are being solicited for the installation. The target date for complete installation is April 15, 2011. Training: The Airport Manager and Airport Assistant will be attending ACCESS training at City Hall on March 14, 15, 16. The Airport Manager will be in Anchorage for training from Monday, March 28 through Saturday, April 2, 2011. 2011 Kenai Peninsula Air Fair: Saturday, June 4, 2011. If you can volunteer please contact Mary or Erica. 2011 -03 ERA GRANT Change uccaj,;l Combined Month AVIATION AVIATION Total 2010 from AVIATION Month Total 2010 January 4,985 1,897 6,782 6,263 519 I 157 6,939 February 4,683 1,815 6,698 5,976 722 148 6,846 March 5,139 2,054 7,193 6,810 383 180 7,373 April 6,384 May 6,478 June 7,005 July 10,292 August 9,853 September 7,109 October 7,613 November 7,371 December 6,435 Totals 14,907 6,766 20,673 87,589 1,624 485 21,158 March 2010 $15,238 2011 $15,880 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 71.44% Terminal -Vehicle Parking Revenues Vehicle Parking Revenues Jut Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY10 FY11 March 2011 the e# KENAI, ALASKA MEMO: TO: FROM: DATE: SUBJECT: City Council Rick Koch April 1, 2011 FY 2012 Proposed Budget Village with a Past, Cilien t 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 FAX: 907-283-3014 1 1111 r 1992 CAA P e -WALL A irfoft _tn. tha, 6 ret 1 t_C, Property Tax Sales Tax PERS Funding (State) Municipal Revenue Sharing (State) Fish Tax Other State Federal Revenue Licenses Permits Ambulance Fees Interest Other Revenue (Dipne(, Daubenspeck, etc) Transfer from Other Funds Total 1 This purpose of this correspondence is to submit for your review and action the proposed FY12 budget. GENERAL FUND The General Fund budget, as presented, results in revenues over expenditures of 87,277, therefore no transfer from Fund balance is required. General Fund Revenues Transfers Total General Fund revenues and transfers are estimated at revenues and transfers are as follows: $13,312,338. FY12 estimated 2,627,254 6,489,149 507,745 446,474 200,000 172,436 66,000e, 300,060' 250,000 823,680 1,429,600 $13,315,594 The Administration's proposed budget assumes the property tax mil rate will remain unchanged at 3,85 mils. Exhibit "A" depicts the allocation of property tax funding for City services for a $250,000 property tax assessment. The Governor's proposed operating budget contains community revenue sharing in the amount of $60 million, the same finding level as FYI 1. The administration's proposed budget includes $446,474 in community revenue sharing, the amount estimated by the Alaska Department of Commerce, Community, and Economic Development. There may be an additional $20 million allocated to this program during this legislative session, and if so, additional increased allocations may be made in FY2012 and /or FY2013. General Fund Expenditures and Appropriations Exhibit "B" identifies expenditures included in the Administration's proposed FY12 General Fund budget that could be considered for removal /reduction to achieve a greater General Fund budget surplus. Exhibit "C" identifies expenditures which were considered, but not included, in the Administration's proposed FY12 General Fund budget. These expenditures may have been requested by Departments, City Clerk, Attorney, or members of Council: Proposed Personnel Changes The following personnel changes are proposed by Administration for FY12 and are included in the budget: 1. Finance, Accounting Technician 1(10). Re- classify position to Accounting Technician II (11). This position has assumed increased responsibilities including payroll. Increase in cost: 81,963. Exhibit "D" 2. Finance, Information Technology (IT) Manager (18). Establish position to manage the City's IT systems. This position off -sets an estimated $70,000 in contract payments. The addition of an IT Manager will provide pro- active management of our systems rather than a re- active process through contracting. Increase in cost: $102,856 (net increase estimated to be $33,000). Exhibit "E" 3. Streets, Foreman. Reclassify position from grade 15 to grade 16. This position has assumed increased responsibilities including management of City Dock. Increase in cost: $2,499. Exhibit "F" 4. Library, Part-Time Library Aide (2.5). Establish two new part-time (20 hrs /wk) Library Aide positions to provide staff coverage for the expanded Library. Increase in Cost: $52,154. Exhibit "G" 5. Beautification, Gardener (2.2). Establish two new seasonal gardener positions to maintain flower beds. Increase in cost: $16,497. Exhibit "H" 2 6. Senior Citizens Title III Grant Fund, Establish a new part-time data Entry Clerk (1.1) to assist in submission of grant reimbursement correspondence. Increase in Cost: $7.658. Exhibit "I" If approved by Council, Administration will prepare an Ordinance to incorporate the above personnel actions. Capital Projects The following are the capital projects included in Administration's proposed General Fund FY12 budget. I. Replace Street Lighting System in $100,000 Central Heights Subdivision. Exhibit "J" 2. Design and Construct Columbarium. Exhibit "K" 50,000 Total $150,000 A number of City capital projects are presently funded, or proposed to be funded through three State Grants. Specific information identifying the allocation of these grants is found in Exhibit "L While health insurance costs affect all Funds, the General Fund, as a consequence of volume, is the most affected. The Administration's proposed FY12 budget includes a 50% increase in health insurance. This increase was not anticipated and the budget as initially constructed included a 15% increase. The financial impact of a 50% increase is 506,425, across all funds. The Administration's proposed budget includes the following changes to our health care program: 1. Elimination of Employee shared savings from under utilization of City's self insurance for deductibles. (Estimated at $40,784) 2. Increase Employee Health Care Premiums (Estimated at $82,152) a. Employee, increase monthly premium for $0 to $50 b. Employee /Spouse, increase monthly premium from $56 to $112 c. Employee /Children, increase monthly premium from $70 to $140 d. Employee /Spouse /Children, increase monthly premium from $126 to $252 3. Increase Employee Deductible (Estimated at $44,650) a. Employee, increase annual deductible from $200 to $450 b. Employee /Spouse, increase annual deductible from $400 to $900 c. Employee /Children, increase annual deductible from $400 to $950 d. Employee /Spouse /Children, increase deductible from $400 to $950 4. Increase City financial participation (Estimated at $338,840) Incorporating the above changes, results in the City contributing $1,401,707.40 or 88.56 and the employees $181,104.00 or 11.44 to our estimated annual health care costs of $1,582,811.40. Additional information is found in Exhibit "M 3 During FY11 the Council approved legislation to allow for the investment of the General Land Sales Permanent Fund in the same manner as the Airport Lands Pennanent Fund. In FY 11 the beginning balance for the fund was $2,514,574. Based on earnings, the projected transfer to the General Fund in FYI 1 is $3,000, and the projected contribution to the General Land Sales Permanent Fund is $35,000. In FY12 the projected beginning fund balance is $2,549,574, the projected transfer to the General Fund is 5125,000, and the projected contribution to the General land sales Fund is 128,000, both significant increases. In FY10 the City issued debt in the amount of $2,000,000 to support the construction of the Kenai Community Library Expansion. In FY12, the expenditure towards debt retirement is $177,348, comprised of $139,819 from the General Fund and $37,529 from the U.S. Govemment Bond Interest Subsidy. The original FY 11 General Fund budget estimated a surplus of $192,309. The latest projection for the FYI 1 budget estimates a deficit of $237,428. The major contributing factors to this change are non- budgeted appropriations as follow: 1. Library Expansion $300,000 2. Land Purchase 25,000 3. Land Purchase 80,000 4. Land Purchase 23,000 5. Land Purchase 3,600 6. Visitor Center, Collection Inventory 13,800 7. Fire Fighter(3) 175,493 8. COLA /Salary, Manager, Attorney, Clerk 17,473 AIRPORT FUND The Airport Fund budget, as presented, estimates revenues over expenditures of 107,470, therefore no transfer fi Fund balance is required. The original FYl l Airport Fund budget estimated a surplus of $31,360. The latest projection for the FYI 1 budget estimates a deficit of 42,864. The major contributing factors to this change are non budgeted appropriations, as follow: 1. Land Purchase 80,000 2. Land Purchase 25,000 3. City Share (2.5 of unanticipated capital projects 35,000 In the future additional effort will be directed towards identifying matching funding expenditures in each budget year. The following depicts the Airport Funds financial performance from FY 2003 through FY 2012 (proposed): 4 Fiscal Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 Projected 2012 Proposed (Deficit) /Surplus (342,842) (871,968) (727,730) (742,221) (659,866) (124,276) (1,420,998) (103,290) (42,864) 107,470 The following depicts the financial performance of the Airports Land Trust Fund: Beginning Land Fiscal Year Balance Sales Earnings 2008 $11,777,625 $5,623,413 728,635 2009 17,401,038 47,495 312,735 2010 17,469,331 6,774 2,455,366 2011 19,027,024 10,000 3,523,342* *As of March 31, 2011 *Estimated WATER AND SEWER FUND 5 Transfer to Operations $728,635 291,937 904,447 999,976 Ending Balance $17,401,038 17,469,331 19,027,024 21,560,390 In summary, the Airport Lands Trust Fund from FY2008 through FY 11 has contributed $2,924,995 to support airport operations, while at the same time growing the principal from $17,401,038 to an estimated $21,560,390. The Water and Sewer Fund budget as presented estimates a deficit of $152,206, requiring the use of fund balance. The deficit is the result of: 1. New expenditures to support the operations of a water treatment plant, $75,000 (1/2 year). 2. Water and Sewer rates lower than what is required to operate the utilities. 3. City matching share of funding for capital improvement projects. The original FY 11 Water Sewer Fund budget estimated a surplus of $41,260. The latest projection for the FYI 1 budget estimates a deficit of $365,605. The major contributing factor to this change is the City's share (30 of State of Alaska Department of Environmental Conservation Municipal Matching Grants. In the future additional effort will be directed towards identifying matching funding expenditures in each budget year. SENIOR CITIZEN GRANT FUND In this year's budget the Senior Citizen Title III Grant Fund has been incorporated into the Senior Citizen Grant Fund. The only remaining program in the Senior Citizens Title III Grant fund was Choice Waiver and that program will be accounted for separately. The only significant change in this fund is that there has been an increase in the meals reimbursement rate for Choice Waiver, estimated to be $40,000. A fund balance of 579,599 is projected for FYI1.The proposed FY12 budget anticipates expending the fund balance in its entirety, thereby reducing the transfer from the General Fund to $108,703. In the future a larger general fund transfer may be required. CONGREGATE HOUSING-ENTERPRISE FUND Fund balance at the beginning of FY11 was $442,835. During FY11 $154,208 was transferred to support the Vintage Pointe Siding Project. The ending fund balance for FYI lis estimated to be $279,268. The projected ending fund balance for FY12 is $292,073. No increases in rent are proposed for FY12 but may be considered in FY13. CAPITAL PROJECTS MANAGEMENT FUND The Capital Projects Management Fund was created during FY10. In FY11, the budget was $162, In FY 12 the proposed budget is $97,850. The reduction is caused by capital projects management being accomplished by the Public Works Director. The salary for that position is also funded in -part from operations. Funding for the Capital Projects Management Fund is provided from the capital budgets and not from the operating budget. Thank you for your attention and review of this document. Should you have any questions and/or require additional information, please contact me at your convenience. 6 Transfers In General Fund Capital Project Fund Airport Land Trust Fund Total Transfers In Expenditures Airport Terminal Airport Airfield Airport Administration Airport Other Buildings and Areas Airport Training Facility City of Kenai Fiscal Year 2012 Operating Budget Budget Projection Fund: 008 Airport Fund Original Department Actual Actual Budget Projection Proposed FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 Revenues State Federal Grants 64,935 31,902 28,540 28,540 34,354 Usage Fees Fuel Sales 9,533 13,136 10,000 12,000 12,000 Fuel Flowage 87,724 27,806 22,500 25,000 25,000 Float Plane 1,274 1,123 1,800 1,800 1,800 Tie Down 9,590 7,175 12,000 7,500 7,500 Landing 221,188 233,548 272,250 272,250 299,475 Plane Parking 20,356 29,869 32,000 15,000 15,000 Total Usage Fees 349,665 312,657 350,550 333,550 360,775 Rents and Leases Land 459,441 472,497 480,000 470,000 502,033 Fish Hauling 10,242 3,344 7,000 7,000 7,000 Total Rents and Leases 469,583 475,841 487,000 477,000 509,033 Miscellaneous Penalty and Interest 1,834 3,153 3,000 3,000 3,000 Interest on Investments 144,598 31,080 55,000 55,000 55,000 Other 29,683 22,895 5,000 30.000 15,000 Total Miscellaneous 176,115 57,128 63,000 88,000 73,000 Terminal Revenue Parking Fees 167,017 163,461 190,000 190,000 190,000 Rents and Leases 179.268 203,501 210,000 205,000 238,532 Penalty and Interest 1,052 1,000 1,000 1,000 Car Rental Commissions 206,465 160,627 170,000 180,000 180,000 Advertising Commissions 7,422 5,958 7,000 5,000 5,000 Grants Miscellaneous 7,269 9,995 6,500 6,500 6,500 Total Terminal Revenue 568,493 543,542 584,500 587,500 621,032 1,000 63,380 54,747 291,937 904,447 968,157 999,976 1,037,483 291,937 967,827 969,157 1,054,723 1,037,483 Total Revenues 1,920,828 2.388,897 2,482,747 2,569,313 2,635,677 507,768 502,790 545,702 530,952 584,620 1,617,702 1,371,420 1,554,453 1,584,470 1,577,076 282,024 235,285 259,735 259,735 297,640 770,194 296,188 167,689 323,755 160,246 164,138 86,504 80,000 80,000 70,000 City of Kenai Fiscal Year 2012 Operating Budget Budget Projection Fund: 008 Airport Fund Original Department Actual Actual Budget Projection Proposed FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 Total Expenditures 3,341,826 2,492,187 2,607,579 2,778,912 2,689,582 Contribution To /(From) Fund Balance: (1,420,998) (103,290) (124,832) (209,599) (53.905) Projected Lapse (6 156,455 166,735 161,375 Adjusted (Deficit) /Surplus 31,623 (42,864) 107,470 Beginning Fund Balance 5,151,933 3,730,935 3,505,695 3,627,645 3,584,781 Ending Fund Balance 3,730,935 3,627,645 3,537,318 3,584,781 3,692,251 City of Kenai Fiscal Year 2012 Operating Budget Airport Fund Summary by Line Item Five year Original Manager Increase ,.ccount Expense FY2010 Historical Budget Amended Proposed (Decrease) Number Description Actual Average FY2011 Budget FY2012 FY10 Original Change Salaries and Benefits 0100 Salaries 5 335,785 307,212 351,466 351,466 358,676 7,210 2.05% 0200 Overtime 30,056 43,360 43,500 33,500 33,500 (10,000) (22,99 0250 Holiday Pay 0300 Leave 6,114 7,464 12,654 12,654 12,470 (194) (1.45 0400 Medicare 5,348 5,226 5,910 5,910 5,865 (45) (0.76 0450 Social Security 260 387 0500 PERS 97,465 91,483 110,435 110,435 120,632 1 10,197 9,23% 0600 Unemployment nsurance 830 254 1,942 1,942 2,024 82 4.22% 0700 Workers Compensation 11,108 13,220 11,772 11,772 11,718 (54) (0,46 0800 Health Life Insurance 65,752 67,142 64,740 64,740 90,144 25,404 39.24% 0900 Supplemental Retirement 8,721 8,155 9,100 9,100 8,906 (194) (2.13 Total Salaries Benefits 561,439 543,903 611,519 601,519 643,935 32,416 5.30% Maintenance and Operations 2021 Office Supplies 1,393 1,634 2,750 2,750 2,750 2022 Operating Repair Supplies 165,390 151,205 189,000 189.000 202,500 13,500 7.14% 2024 Small Tools /Minor Equipment 20,141 20,645 14,800 14,800 29,972 15,172 102.51% 2025 Snack Bar Supplies 2026 Computer Software 329 645 1,400 1,400 850 (550) (39.29 4531 Professional Services 67,923 60,801 53,000 59,182 52,100 (900) (1,70 4532 Communications 21,000 22,948 28,800 28,800 25,420 (3,380) (11.74/0) 333 Travel Transportation 10,385 7,203 10,100 10,100 12,000 1,900 18.81% 934 Advertising 7,229 9,242 15,400 15,400 14,400 (1,000) (6.49 4535 Printing Binding 2,971 2,569 5,500 5,500 5,300 (200) (3.64 4536 Insurance 93,047 106,270 102,300 102,300 93,525 (8,775) (8.58%) 4537 Utilities 263,150 252,270 322,910 322,910 293,934 (28,976) (8.97 4538 Repair Maintenance 273,993 256,187 286,080 311,330 299,500 13,420 4.69% 4539 Rentals 15,564 13,143 20,000 21,028 15,681 (4,319) (21.60: 4540 Equip, Fund Pmts. 4541 Postage 4666 Books 77 92 650 650 400 (250') (38.46 4667 Dues Publications 382 347 520 520 355 (155) (29.81 4999. General Contingency......._. 40,000 37,618 40,000 5041 Miscellaneous 2,490 17,552 3,450 3,450 2,850 (600) (17.39%) 5045 Depreciation 18,505 5047 Grants to Agencies Total Maint. and Operations 945,364 951,258 1,096,660 1,126,738 1,091,547 (5,113) (0.47 Capital Outlay Transfers 8061 Land 103,000 8062 Buildings 19,000 30,000 30,000 8063 Improvements 24,001 45,517 34,000 19,000 12,000 (22,000) (64.71 55) 8064 Machinery Equipment 60,958 20,000 20,000 (20,000) (100.00 9090 Transfers 961,383 1,032,293 845,400 908,655 912,100 66,700 7,89% Total Capital Outlay and Transfers 985,384 1,157,768 899,400 1,050,655 954,100 54,700 6.08% Department Total: 2,492,187 2,652,929 2,607,579 2,778,912 2,689,582 82,003 3.14% the a[y of KENAI, ALASKA Suggested by: Planning Zoning cup,. ..,,o..,.. CITY OF KENAI ORDINANCE NO. 2545-2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," OF THE KENAI MUNICIPAL CODE TO CHANGE THE SETBACK REQUIREMENTS ON PROPERTIES WITHIN THE AIRPORT PERIMETER FENCE AND MAKING TECHNICAL CORRECTIONS. WHEREAS, there is limited land available for development in the airport perimeter; and. WHEREAS, development along airport taxiways and the apron is severely restricted by the Building Restriction Line identified in the Airport Layout Plan which line establishes at least a 50 foot setback; and, WHEREAS, development on the airport lands is also governed by the City's fire and building codes as well as by the City Zoning Code, although the development standards of each Code can differ; and, WHEREAS, under the City's fire and building codes, a building can be placed on the lot line, however the setback requirements under the Kenai Zoning Code would require the developer to obtain a variance for a development on a lot line; and, WHEREAS, while a variance would be required to provide an exception to the side setback requirements, these development would not typically qualify for a variance under the standards for issuance of a variance as set out in KMC 14.20.150; and, WHEREAS, these multiple standards tend to restrict development that could otherwise occur safely under the City's building and fire codes and that would otherwise comply with the Airport Layout Plan; and, WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side setback requirements for development within the airport perimeter fence along taxiways and the apron, this airport land could be developed to the maximum standard provided by the City's fire and building codes; and WHEREAS, an exception to the side setback requirements for this particular type of land would promote economic development within the airport as the standards are simplified and made more uniform; and, WHEREAS, an amendment to the development requirements table to provide an exception for side setbacks for these lots within the airport perimeter fence would also maintain preservation of the public's safety because these same developments must still meet the requirements of the City's building and fire codes; and, New Text Underlined; [DELETED TEXT BRACKETED] USES C /RRR1 R RS RS1 RS 2 RU /TS H IL /IH /CC /CG /CM U R ED LC MINIMUM LOT WIDTH (feet( 90 90 60 60 60 60 See individual sections of Code for requirements 90 90 1 90 MINIMUM LOT SIZE (feet) I Front 25 25 25 25 25 10 25 25 25 25j Setbacks Side LO 1n Setback One- Story 1 5 5 5 5 5 10 15 15 15 Daylight) 15 r 10 10 10 10 10 15 15 15 Basement I I Split Leve1 Two- Story 15 15 15 15 15 10 15 15 15 Rear 20 20 20 20 20 10 10 20 20 20 Setback i Maximum 30% 30% 30 30% 30 40% 30% 30 30 Lot Coverage) o o e o o Ordinance No. 2545 -2011 Page 2 of 4 WHEREAS, the City of Kenai Planning Zoning Commission held a public hearing on March 9, 2011, and unanimously recommended that the City Council adopt these proposed changes to the City's and the Development Requirements Table to provide for the setback exception side setbacks for airport parcels contained in the airport perimeter fence. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai of Ordinances is hereby amended as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.24.020, General Requirements, is hereby amended to read as follows: Table 14.24.020 DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS New Text Underlined; tDELETED TEXT BRACKETED] ZONING DISTRICTS USES 1 C/R R I RRi I RS RS1 RS 2 RU /TS H IL/IH /CC /CG/ CM U R ED LC Maximum 35 35 35 j 35 3 35 Height (feet) Footnotes: (1) Provided that the minimum front setback is measured from any right -of -way or access easement. (2) Side setbacks are determined independently from the front view of the structure. Plot plan/as -built will distinguish single and two -story portions of building to verify 1 setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one -story is considered a one -story structure in its entirety. Two -story is defined as one -story plus more than one -half (1 /2) the height of the lower story all situated above grade. Daylight basement /split level is defined as one -story plus less than one -half (1 /2) the height of the lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. 15) Side setbacks for parcels within the airport perimeter fence are not required for parcels along certain airport taxiways and the apron as further set forth in KMC 14.24.030. Ordinance No. 2545 -2011 Page 3 of 4 Section 3. Amendment of Section 14.24.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.24.030, Addendum to development requirements tables, is hereby amended to read as follows: New Text Underline& [DELETED TEXT BRACKETED] Ordinance No. 2545 -2011 Page 4 of 4 14.24.030 Addendum to development requirements tables. [A. [ADDITIONAL REQUIREMENTS. 1. MINIMUM YARDS.] (a) Yards for Corner Lots. The minimum side yard on the street side, or platted right -of -way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. The front yard shall be determined as being the area between the main entrance to the building and the street, right -of -way, or government easement. [2. MAXIMUM HEIGHTS.] (b) Height Limitation of Structures Near Airport. All structures in aircraft- approach zones and within eight thousand feet (8,000') of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA- approved Kenai Airport Layout [MASTER] Plan [DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL]. lc) Side Setback Requirements Within the Airport Perimeter Fence. Parcels contained in the airport perimeter fence situated along aircraft movement areas, ramps, taxiways, or parking aprons are exempt from the side setback requirements of this Title. The Building Restriction Line identified on the Airport Layout Plan must be maintained. Section 4. Severability: if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision., or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2011. ATTEST: Carol L. Freas, City Clerk New Text Underlined' (DELETED TEXT BRACKETED] Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: May 6, 2011 MEMO: Vi/ l aye wit/i a Past, a with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: March 10, 2011 SUBJECT: PZ11 -06 Proposed Amendment KIM. 14.24 Airport Setbacks Title 14 of the Kenai Municipal Code (KMC), Planning Zoning, regulates development in the City of Kenai. Included in these regulations are building setbacks from property lines. Setbacks are listed in KMC 14.24.020. Prior to May 2010, building setbacks in the commercial /industrial zones were based on building and fire codes. In May of 2010, Ordinance No. 2472 -2010 was adopted requiring building setbacks in all zones. The proposed amendment would provide an exception to side setbacks for airport parcels contained in the airport perimeter fence. This amendment is proposed to provide greater development of airport properties that are already restricted by the Airport Building Restriction Line and building and fire codes. At their January 13 meeting, the Airport Commission reviewed and unanimously recommended the proposed amendment. The Planning Zoning Commission held a public hearing on March Stn and unanimously recommended Council amend the Land Use Table to provide for the exception. ha r a ss 1992 he cfy KENAL ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -06 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," OF THE KENAI MUNICIPAL CODE TO CHANGE THE SETBACK REQUIREMENTS ON PROPERTIES WITHIN THE AIRPORT PERIMETER FENCE AND MAKING TECHNICAL CORRECTIONS. WHEREAS, there is limited land available for development in the airport perimeter; and, WHEREAS, development along airport taxiways and the apron is severely restricted by the Building Restriction Line identified in the Airport Layout Plan which line establishes at least a 50 foot setback; and, WHEREAS, development on the airport lands is also governed by the City's fire and building codes as well as by the City Zoning Code, although the developrnent standards of each Code can differ; and, WHEREAS, under the City's fire and building codes, a building can be placed on the lot line, however the setback requirements under the Kenai Zoning Code would require the developer to obtain a variance for a development on a lot line; and, WHEREAS, while a variance would be required to provide an exception to the side setback requirements, these developments would not typically qualify for a variance under the standards for issuance of a variance as set out in KMC 14.20.180; and, WHEREAS, these multiple standards tend to restrict development that could otherwise occur safely under the City's building and fire codes and that would otherwise comply with the Airport Layout Plan; and, WHEREAS, by amending the Kenai Zoning Code to provide for an exception to the side setback requirements for development within the airport perimeter fence along taxiways and the apron, this airport land could be developed to the maximum standard provided by the City's fire and building codes; and, WHEREAS, an exception to the side setback requirements for this particular type of land would promote economic development within the airport as the standards are simplified and made more uniform; and, WHEREAS, an amendment to the development requirements tables to provide an exception for side setbacks for these lots within the airport perimeter fence would also maintain preservation of the public's safety because these same developments must still meet the requirements of the City's building and fire codes. New Text Underlined [DELETED `FE X[B RAC KETEDI ZONING DISTRICTS USES C /RR RR1 RS RS1 RS2 RU /TSH IL /IH /CC /CG /CMU R ED LC MINIMUM LOT WTDTH (feet) 90 90 60 60 60 60 See individual sections of Code for requirements 90 90 90 MINIMUM LOT SIZE (feet) Front Setback 25 25 25 25 25 10 25 25 25 25 !Side Setback 15 15 15 5 10 15 5 10 15 5 !10 15 5 10 15 LO Ln 10 10 10 15 15 15 '15 15 15 I5 15 1.5 One- Story Daylight Basement/ Split Leve1 Two- Story !Rear Setback 20 20 20 20 20 10 10 20 20 20 i IMasimum Lot !Coverage 3033) 30% 30% 30° 30% 40° 309 30% 30% aaimum eight (feet) 35 35 35 35 35 In co NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND CHAPTER 14.24, "DEVELOPMENT REQUIREMENTS TABLES," as follows: Section I. Form: This is a Code ordinance. Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: The Kenai Municipal Code: The Kenai Municipal Section 14.24.020, General Requirements, is hereby amended to read as follows: Table .24.020 DEVELOPMENT UIREMENTS TABLE New Text Underlined [DELETEIJ TEXT BRACKETED( ZONING DISTRICTS USES C /RR RR1 RS RS1 RS2 I RU /TSH IIL /IH /CC /CG /CMU R ED LC Footnotes: (1.) Provided that the minimum front setback is measured from any right -of -way or access easement. (2) Side setbacks are determined independently from the front view of the structure. Plot plan /as will distinguish single and two -story portions of building to verify setback distances are met. (3) Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof above. One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated below a one -story is considered a one -story structure in entirety. Two -story is defined as one -story plus more than one -half (1 /2) the height of the lower story all situated above grade. Daylight basement /split level is defined as one -story plus less than one -half (1/2) the height lower story all situated above grade. For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the building and a line five (5) feet from the building. (4) Except that for each story over two (2) stories, each side and rear yard shall he increased three feet, but need not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard. (5) Side setbacks for parcels within the airport perimeter fence are not required for parcels along -built its of the (3) certain airport taxiways and the apron as further set forth in KIVIC 1.4.24.030. Section 3. Amendment of Section 14.24.030 of the Kenai Municipal Code: The Kenai Municipal- Code, Section 14.24.030, Addendum to development requirements tables, is hereby amended to read as follows: New Text Underlined (DELETED TEXT B RAC KETED1 14.24.030 Addendum to development requirements tables. IA. [ADDITIONAL REQUIREMENTS. 1. MINIMUM YARDS.{ fa) Yards for Corner Lots. The minimum side yard on the street side, or platted right -of -way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. The front yard shall be determined as being the area between the main entrance to the building and the street, right -of -way, or government easement. [2. MAXIMUM HEIGHTS.] (b 1 Height Limitation of Structures Near Airport. All structures in aircraft- approach zones and within eight thousand feet (8,0001 of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA- approved Kenai. Airport Layout [MASTER] Plan [DRAWINGS WHICH ARE ON FILE AT KENAI CITY HALL). (c) Side Setback Requirements Within the Airport Perimeter Fence. Parcels contained in the airport perimeter fence situated along aircraft movement areas, ramps, taxiways, or parking aprons are exempt from the side setback requirements of this Title, The Building Restriction Line identified on the Airport Layout Plan must be maintained. Section 4. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall he 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 5. Effective Date: Pursuant to KMC 1.1.5.070(1), this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this day of 2011. ATTEST: New Texi. Underlined; {DELETED TEXT BRACKETED{ the cit IlEHAE ALASKA kyy CITY OF KENAI ORDINANCE NO. 2547 -2011 ugg ested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT EQUIPMENT CAPITAL PROJECT FUNDS FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT, PHASE 1. WHEREAS, the Airport owns a 1994 966 Cat Loader and 1993 Cat Grader that are due for replacement; and, WHEREAS, new upgraded equipment will improve the Airport's capability to effectively address snow and ice conditions to ensure safe operations with dependable equipment; and WHEREAS, grant funds are available and the City has been awarded a grant totaling $892,624 comprised of 95% FAA $847,993, 2.5% State of Alaska $22,315 and requiring a 2.5 local share of $22,316; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations he increased as follows: Airport Fund. Increase Estimated Revenues; Appropriation of Fund Balance Airport Equipment Capital Project Fund Increase Estimated Revenues: Federal Grant Revenue Transfer from Airport Special Revenue Fund State Grant Reven.ue New Text Underlined; DELETED TEXT BRACKETED' -146- 1.1p" ith 22,316 Increase Appropri.ations Transfer to Airport Equipment Capital Project. Fund 22,316 $847,993 22,316 22.315 s8_9_ 624 Increase Appropriations Administration 17,502 Machinery Equipment 875,122 $892 624 Ordinance No. 2547-2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011. Al I EST: Carol. 14, Freas, City Clerk Approved by Finance: lige PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETE]J] -147- Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 From: Date: Subject: Greater Kenai Penh froaa%' 305 N. WILLOW ST. SUITE 200 KE N➢AI, ALASKA 99611 TELEPHONE 907- 283 -7451 FAX 9072833737 Rick R. Koch City Manager Mary Bondurant Airport Manage March 22, 2011 FAA Grant Offer— "Snow Removal Equipment (SRE)" The FY11 Airport Capital Improvement Program identified the need to replace and upgrade snow removal equipment at the Kenai Airport. A federal grant application for $892,624 was submitted to the FAA on January 31, 201 for a new grader and loader. The City has now received the FAA's grant offer for 5847,993 (95 The Airport and State of Alaska are each responsible for 15% of this project or $22,316 and $22,315 respectively. Purchase of a new grader and loader will only improve the Airport's capability to tackle snow and ice conditions with dependable equipment and ensure safe operations. Cc: Terry Eubank— Finance Director Kevin Lyon Acting Public Works Director w ww. ke n a i a i r po rt, co m. -148- mc<19of KFAlI SKIT AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT IMPROVEMENT CAPITAL PROJECT FUND TO CONDUCT A WILDLIFE HAZARD ASSESSMENT. WHEREAS, FAA regulations require that a wildlife hazard assessment be conducted at the Airport with the goal being to minimize wildlife hazards; and WHEREAS, the Airport last completed a wildlife hazard assessment in 2001; and, WHEREAS, the FAA and the USDA are recommending the Airport conduct a 12 month assessment to provide an overall picture of the present and future wildlife hazards and upgrade to the existing Wildlife Hazard Program with the goal being to minimize wildlife hazards at the Airport; and, WHEREAS, grant funds are available and the City has been awarded a grant totaling $124,249 comprised of 95% FAA $118,037, 2.5 °10 State of Alaska $3,106 and requiring a 2.5% local share of $3,106; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund. Balance CITY OF KENAI Airport improvements Capital Project Fund Increase Estimated Revenues: Federal Grant State Grant Transfer from Airport Fund ORDINANCE NOD 254S -2011 Increase Estimated Appropriations: Transfer to Capital Projects 3,106 Increase Appropriations Administration 11,295 Professional Services 112,954 $124 249 New Text Underlined; (DELETED TEXT BRACKETED( -149- Suggested by: Administration 3,106 5118,037 3,106 3 106 $1.244 2± Ordinance No. 2548 -2011 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 2011 ATTEST: Carol L. Freas, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined; (DELETED TEXT BRACKETED] -150- Introduced: April 6, 2011 Adopted: April 20, 2011 Effective: April 20, 2011 M fg em© To: Rick R. Koch City Manager From: Mary Bondurant Airport Manager. Date: March 22, 2011 Subject: FAA Grant Offer— "Conduct a Wildlife Assessmen As a holder of a Part 139 Operating Certificate, issued under Title 14, Code of Federal Regulations, and a receiver of Federal grants, the Kenai Airport must use the standards and practices of AC 150/5200 -338 to manage wildlife /wildlife attractants on or near the Kenai Airport. During the January 2010 and 2011 certification inspections, FAA inspectors observed noose and other wildlife inside the airport fence. Due to this observation, the airport received a Letter of Correction recommending a full 12 month wildlife assessment and update to the Wildlife Management Plan. Airport and Fish and Garne staff were unsuccessful numerous times in attempts to push moose off the airport; dense vegetation and tree cover make the airport property very attractive to wildlife. In 2001, a USDA wildlife biologist conducted a "mini" assessment ($7,000) in conjunction with the Homer Airport; meaning that the wildlife biologist was at the Kenai Airport only 1 -2 days a month with most of the expense absorbed by the Homer Airport. Due to the Letter of Correction and the potential threat to aviation safety, a grant application was submitted to the FAA for $124,249. The City has now received the FAA's grant offer for $118,037 (95 to conduct a full assessment. The Airport and State of Alaska are each responsible for 2.5% of this project or $3,106. This project will assess and provide guidance to address the potentially hazardous wildlife /wildlife attractants on the Kenai Airport and bring the airport into compliance with the wildlife hazard management requirements of Part 139, Cc: Terry Eubank Finance Director Kevin Lyon Acting Public Works Director 305 N. WJLLOWST. MOTE 200 ASNAB, ALASKA 99611 TELEPHONE 907- 283 7951 FAX 907-2E3-3737 www. kenaial rport. com. -151- PUBLISHER'S At`N"IDAVIT UNITED STATES OF AMERICA, 1 STATE OF ALASKA ss: Denise Reece being first duly sworn, on oath deposes and says: That I tun and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Airport Commission PO 893524 a printed copy of which is hereto annexed published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: April 12, 2011 as SUBSCRIBED AND SWORN to me before Il,is. 12th da o tApril 2011 NOTARY PUBLI in favor for the State of Alaska. My Commission expires 26- Aug -12 AIRPORT COMMISSION MEETING APRIL 14, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS tytOfiwww.rn.kenai.ak.us ITEM 4: PERSONS SCHEDULED TO BE HEARD a Casey Madden, Wince- Cortheft- Bryson Airport Projects Update OLD :BUSINESS a Discussion /Recommendation 11 "Kenai Peninsula Air Fair Poster Newspaper Advertisement ITEM 6: NEW. BUSINESS a Discussion/Recommendation Kathy Chircop, dlb /a Alaska R Group, Inc. Request to Cease Additional Airport Terminal Space 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 httpr/ /www ci kenar ak us Carol L. Frees, IIIfOI111U/ s RUg d NQ TAR V PUBISC teOF