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HomeMy WebLinkAbout2011-03-16 Council PacketMAKE 18 PACKETS COUNCIL PACKET DISTRIBUTION I COUNCIL MEETING DATE: f//42/2/9/ 1 Mayor /Council (5) (Porter, Boyle, Bookey, Gabriel, Moore) Clerk (2) Library (1) Attorney (1) City Manager (1) tic Finance (1) u Clarion (1) Student Rep. (1) Hall Binder (1) Fire (1) KSRM (1) Mellish (1) Schmidt (1) ai cam, (J ELECTRONIC COPY NOTICE Send out notice to "All" with link to Council Packet. DELIVER Council and Student Representative Packets to Police Department Dispatch desk. The Clarion, KSRM, Mellish Schmidt's Office will pick their packet up in the Clerk's Office. The portion of the agenda published by the Clarion should be emailed as soon as possible on packet day. The camera ready agenda c: /myfiles /documents /minutes /agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session /Special Meetings, or Composition in Contacts or (bell @acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e- packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. cy J ci. 2 0 0. g 0 ct z c. R. 3 A n 1 h 111111 s 1 1116 sr /IA" gr4ti 1 MARQUIS MOLLOY BOYLE III A3NOO8 131218VO SHOOW 2i312jOd z w O u- 0 0 m -C3 COUNCIL MEETING OF: en 0) w J 0 w o 0 0 w 0 0 J w_ m a 0 J w m co L LLJ 0 0 CO D 0 w 0 0 2 J w Ec N Q co w 0 2 en 0) w J 0 w o 0 0 w 0 0 J w_ m a 0 J w m co L LLJ 0 0 CO D 0 w 0 0 2 J w Ec N Q co w 0 None. MARCH 16, 2011 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET CONSENT AGENDA REQUESTED BY: SUBSTITUTION REQUEST: Item D -1, Resolution No. 2011 -24 (Clerk's Note: A motion to substitute will be needed when the resolution comes up for consideration.) CITY MANAGER ADD TO: Item G -13, Development of Drift Boat Pull -Out, Memorandum from City Manager Koch. CITY MANAGER ADD TO: Item G -14, Replacement Page 4 of 11 of City Attorney and City Clerk Memorandum (Clerk's Note: Page includes missing Airport Commission meetings held information. CITY CLERK ITEM A: CALL TO ORDER ITEM C: ITEM D: AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 16, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www.ci.kenai.alc.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *All items listed with an asterisk are considered to be routine and non controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Bryan Zak, Alaska Small Business Development Center Program Update /Celebrating 25th Anniversary 2. Dennis Barnard Twin Cities Raceway Noise Problem UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker) PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 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 2. 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 11 17 3. *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) 25 ITEM E: MINUTES 1. *Regular Meeting of March 2, 2011 ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Bills to be Ratified 47 2. Approval of Purchase Orders Exceeding 15,000 48 3. *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 4. *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 5. *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. *Ordinance No. 2543 -2011 Appropriations by 530,000 in the Capital Project Fund to Complete Expansion 7. *Ordinance No. 2544 -2011 Appropriations by 560,000 in the Fund Increasing Estimated Revenues and Municipal Park Playground Expansion Engineering and Design Work for the Increasing Estimated Revenues and Cemetery Improvements Capital Project 8. *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 33 49 51 53 55 56 57 9. Action /Approval Assignment of Right -of -Way Permit ADL 26738/From Marathon Oil Company to Kenai Nikiski Pipeline, LLC (a Subsidiary of Marathon Oil Company) 66 10. Action /Approval Assignment of Lease /Tract C, Kenai Tidelands No. 2 from Ocean Beauty Seafoods, LLC to Pacific Star Seafoods, Inc 77 11. Discussion /Action Skyview Mock Trial Team /State Champions Request for Support to Attend National Mock Trial Competition 83 12. Discussion Beekeeping Ordinance Update 86 13. Discussion Development of Drift Boat Pull -Out 89 14. Discussion Amendment to City Code Regarding Board, Commissions and Committees and Council on Aging 90 ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 127 4. Library Commission 130 5. Parks Recreation Commission 134 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 138 2. City Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comment limited to five (5) minutes per speaker 2. Council Comments EXECUTIVE SESSION None Scheduled. ITEM L: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 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 2. 3. 4. INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 16, 2011 Page No. 3/2/2011 Purchase Orders Between $2,500 and 515,000 for Council Review 150 Budget Transfer in Capital Projects in Excess of 5,000 3/9/2011 M. Kebschull memorandum, Comprehensive Plan Update 151 Kenai Police Department, 2010 Motor Vehicle Crash Report 152 3/10/2011 Kenai River Special Management Area Advisory Board meeting agenda and minutes of the 2/10/2011 Board meeting 162 6. 2011 Alaska Gaming Permit Application Kenai Senior Connection, Inc 167 Dennis L Barnard 335 Dolchok Lane Kenai, AK 99611 907 283 3676 d enni sbamardfa')20i. net March 7, 2011 The Hon. Madam Mayor Pat Porter, The Hon. Vice Mayor Mike Boyle, and City Council Members Terry Bookey, Brian Gabriel, Robert Molloy, Joe Moore, Ryan Marquis and Student Representative Hannah Coffman: 210 Fidal.go Avenue Kenai, AK 99611 Dear Representatives of City Government; Re: Twin City Raceway Some of you know me. 1 reside at the address shown above in Kenai, near the Twin City Raceway. Noise resulting from use of the within- city limits raceway is a significant hazard, which I have repeatedly tried to bring to your attention, In my research on line, I found a case involving a racetrack on the outskirts of Wooster, Ohio. I previously provided of copy of the court's decision in Angerman v. Burick, for City Manager Rich Koch. Additional copies can be made available, if necessary. In the Angerman case, the court found operation of the racetrack was an absolute nuisance, due to excessive noise, which interfered with the neighboring landowner's use and enjoyment of their properties. City Representatives March 7, 2011, Page 2 Map #1 is enclosed. It depicts the neighborhoods affected by noise pollution around the Wooster, Ohio track. Point A is the property owned by the successful plaintiffs in the Wooster case. The other noted locations were within the absolute nuisance zone. Map #2 is my neighborhood. My home is marked as Point A. If a circle is drawn around the areas affected by the Twin City Raceway, the same approximate size as the nuisance zone in Wooster, the affected area would cover my neighborhood and most of Thompson Park and Valhalla Heights. We are in the absolute nuisance zone right here. 1 am respectfully requesting the city revisit the question of noise pollution arising from use of Twin City Raceways property. There should be restrictions on nuisances within the city limits. If we have a noise ordinance it shouldn't allow this extreme level of noise to impact local residents. I am directing this matter to the attention of the city now, so that action can be taken to explore possible remedies for excessive noise, including muffler restrictions on stock cars, and an absolute exclusion of motor -cross activity on the raceway property. Sincerely, Dennis L. Barnard Go naps,google+com}maps?f =c�&sE u Wooster, pH Gceople Maps p s Address booster, 0H H I Get Goggle Maps on your phone Texrtheword "CMAPS "ta466453 3/7/2611 335 Dolchok Lane, Kenai, •AK Google 0 mt Address 335 Dolchok Ln L. a l'a •Kenai, AK 99611 csd h ln pnrmeise ia Ac ia's Eagle (t3 lz• Roee Legge @2011 at)ogie maps,google.cornimaps?f=q8csouroe=s... .ox °cot- 0(. 0— 4 -4- 1 GetGoog lili leaps on your phone e Tegtheworg n GIVIAPVto466453 Maggdeter eitatell poogie 2/a 2/21/2011 Racetrack Case IN THE COURT OF COMMON PLEAS, WAYNE COUNTY, OHIO ROBERTA C. ANGERMAN, et al., Case No. 41 -CV -41.17 v s. Plaintiffs TIIOMAS A. BURICK, et aL, Defendants Judge R.G. Lile (Assigned) FINDINGS OF FACT, CONCLUSIONS OF LAW and JUDGMENT This civil action was originally brought by 109 individual Plaintiffis, residents of Wooster and Franklin Townships hi Wayne County, Ohio. The lawsuit was fled against Thomas A. Bunk and his wife, Elizabeth A. Burick, and LoConn Motocross, Ltd., an Ohio limited 1 b company owrred by the Buricks which operates a motocross track facility on their Franklin. Township property. This lawsuit was find on March 16, 2001, prior to the opening ofthe racing facility which occurred on June 1, 2001. The PlaintilT chimed that the operation of the race track would cote a nuisance, and would substantially arid unreasonably interfere with tie use and enjoyment of their property and will cause a diminution of their property values. The Pk intif1 seek a preliminary and permanent injunction prohibiting the Defendant's from operating the motocross facility, and have requested attendant and incidental money damages, including attorney fees. The Plaintiffs, who numbered 104 individuals at the start of trial on December 18, 2001, by reason ofvohnteary withdrawal from the lawsuit, did not amend or supplement their complaint prior to the start of trial The Court does not find any limitation to its jurisdiction, however, by reason of the operation of CP Rule 15(B). Further, while the PlaintffE requested a trial by jury in this action, the Court sustained the Defendant's motion to stake such request on authority of State, ex eel. Miller v. Anthony (1995), 72 Ohio St. 3d 132. This lawsuit was tried to the Court. On August 24, 2001, during the early evening hours, the Court, at the invitation of counsel for ti e parties, viewed the areas w hich are the subjet of this lawsuit, including the motocross track and all ofthe neighborhoods where Plaintiffs resided. At the time, motorcycles were running on the track. Now, being advised in the premises, the Court makes txr following Findings ofFact and Concision of Law, and renders Judgment thereon: Findings of Fact 1. Franklin Township in Wayne County is located to the east and south ofthe City of Wooster which is the County seat. The land involved in this lawsuit is generally rural in nature, level to hrl'ny, wooded, farm land, with a combination ofroadside residences, residential developments, and, adjacent to the west of the De property, a sand and gravel business. The parties stipulated that at all times pertinent to this lawsuit, there was no zoning law in place for Franklin Township. 2. By general Warranty Deed, dated December 29, 2000, fled for record with the Wayne County Recorder on January 8, 2001, the Defendants, Thomas A. Burick and Elizabeth A. Burick acquired title to 82.190 acres, more or less, in Franklin Township. Upon transfer of title, the De began developing tlx: property for commercial use as a motocross raceway. The term 'motocross" is a contraction of the words motorcycle and cross country and retrs to a motorcycfe race over a course of very rough terrain. The raceway was opened to the pubk on June 1, 2001 and continued operation to on or about November 14 when the facility was closed. During the time the facility was open, practice racing was first offered on Thursdays and Fridays from 4:00 p.m to dusk (830 to 990 p.m. depending on visibility), and then on Fridays from 490 p.m. to 790 p.m, and Saturdays 1190 aim. to 390 p.m. The Defendants stated that they wanted to reopen tie nanaise.org/.../waynecounty.htm -5- 1/6 2/21/2011 Racetrack Case raceway in late March or early April, 2002 with practice on Fridays and Saturdays from 400 p.m. to disk, and motocross racing on Sundays from 11 :00 am to 500 p.m The raceway, as presently constructed, can accommodate up to 25 or more motocross bikes at a time, depending on conditions, with motorcycles ranging in size from 40 cc to 400 cc. Thomas Burick testified that nothing could be done to the cycles to reduce the noise they produce Burick is presently a member of the American Motorcycle Association and plans to become a member of the Competition Riders Association (CRA) which is a motoroycle racing sanctioning body. Burick testified that he warns to work null time at the track during the race season and hopes to make his living from operation of the motocross raceway. He stated his desire to haw 10 sanctioned races at the track during the racing season. Elimbeth Burick testified that she expected to have more races on rrore days in 2002, with more people in attendance. 3. the 104 Plaaintifls who remained in this ease at the time of trial, twenty (20) testified concemurg the nature and extent of the sound emanating from the Defendants' racetrack during the times that it was used for practice or racing. Those who testified were residents in the area during the 2001. practice /race season and have hones between 1,000 feet to one mile from the track. Their descriptions of the sounds they heard at thee residences during the running of motorcycles at the motocross course included: "high pitched 'nerve wracking" "annoying "not pleasing" "intolerable" "irritating", 'noisy", "sharp", Hurreenting. and high pitched", obroxnus ,o "ear-piercing'', "aggravating "angering", "same high- pitched noise 20 minutes at a time with few gaps Those Phain tiffs who lived closer to the track testified that they could hear the motorcycles on the race course from inside their homes even with all the windows shit Several of tee plainaht testified that the noise interfered with Family gatherings planned outdoors and interrupted conversations. Others stated that during the use of motocross Mies on the course they limited their use of outside space and stayed indoors. a. PlaintiffBrerda Blackburn, who is an eleven -year resident of 3758 Todd T one (Lot 24) testified that the sound coming from the track cannot be compared to the sound of lawn mower in the neighborhood or the sound of traffic from State Route 83, which she did not find annoying. Blackburn stated that the noise created by the track causes her to dread every weekend. Blackburn video taped the racing from her back yard and from an upstairs window in her house on August 17, and October 19 and 20, 2001 (PlaintiiT' Exhibits 5 and 6). b. Plarnti;fElizabeth Richey is a six -year resident at 1901 Sherck Boulevard (Lot 58). Ste arid her husband Paul purchased the property because it was outside oftown and had an open atmosphere. Richey testified that the roise from the track drove her and her fa,-nfiy off their screered outside porch and into the house. She stated tint she has considered moving from the residence and would definitely move if the track continues in operation. c. Plaintiff Lori Faught who has lived at 1 Sherck Boulevard for three years testified that she and her husband, Michael, who is also a Plaintiff, live ono tree covered 50 acre lot about 4,000 feet from the race course. They selected tie site because of its proximity to the city of and the quietness the area provided. Richey testified that her use and enjoyment of her home has been af by the use of the track. Sir stated that there was a great deal of noise from the race way in August (2001) and that the sound of the motorcycles was disappointing and irritating and could be heard from inside her home even though all windows were shut. d. Plaintiff Wendy McKee, a resident of 1719 Sherck Boulevard (Lot 14) resides at the property with her hisban i, Todd, and four children. McKee testified that use of the race track since late spring of2001 has created noise which has interrupted normal conversation and interferes with family gatherings. McKee stated that she can hear track noise from inside the bone and at tines can t el the noise. She said that the use of tie motocross course has decreased her enjoyment ofher home and that she misses the peace and quiet she enjoyed before the track was opened. e. Plaintiff Steve Bernardy, a resident of2073 Sherck Boulevard (Lot 39), is an eleven -year nonoise.org/.../waynecountyhtm -6- 2/6 2/21/2011 Racetrack Case resident and testified that he elapse the area as a resklence site because of the country setting. He stated that his use and enjoyment of his home, and particularly gifting on the outside deck &ei ig north, has been limited during the use of tie motocross raceway. Benardy testified that on one occasion in late July or early August 2001, he experienced the sound of a neighborhood lawn mower being drowned out by the motocross noise which he compared to the sound of chain saws. f. PlaintiffBonnie Cherlfta, 3838 Todd Lane (Lot 32), tes +'nr d about t d'r+ renew between pre and post track use. Pre track conditions were quiet and cornfortable; post track conditions included pierchrg noise and annoying sound. Cherilta testified that sly didn't garden in the Spring of2001 because of the noise. She said she wasn't bothered at first, but that the 'rise grew in vohnne. Cheriila said she considered moving because of noise from the tracic g. Plaintiff Ernest Smith, a one -year resident at 1745 Sherek Boulevard (Lot 15), testified that he roved into Ins home in December 2000. He describes the noise from the track as sounding We a "mechanical bee Smith said that he was not going to let the noise bother him and that the sound liom the track didn't afieet his use of fir property. Smith did testify that he could hear the sound from the track during its use on Thursdays, Fridays, and. Saturdays. h. Plaintiff Brenda Litt is a ten -ver resident of the area, and a. three and one -half year resident at the 3975 Mrlersburg Road bcation, along with her husband, Joel Litt, also a party to this action. The Litts are fir closest plaintiffs to the motocross track at about 1000 feet Both testithd as to ire annoying high pitched noise created by fir motorcycles racing on the track and that their use and enjoyment of their property has been affected by the noise. Brenda Litt stated that since the track has been in use, the dirt and dust created by the track required her to clean tir family pool weekly kstead ofbiweeldy. i. Errrron French, a 24 -year resident of 4137 Millersburg Road testifed that fir problem with the motocross track is noise. He described the sound of the racing dirt bikes as sharp, irritating and annoying. French testified that he can hear the bikes in his house daring tie times the course is open even with his windows closed. 4 Expert witnesses testified on behalf of the parties regarding wise nrasuremen'ts taken in the vicinity of fir motocross track. Ronald Huf, called by the Plaintiffs, has a 32 -year prior empbyment history as a NASA aerospace technologist, and has worked over the past 14 years as a self employed consultant in the field of acoustics and noise. William Hannon, called by the Defendants, has been the owner of The D.H. Kaiser Co. for abort 17 years. B.H. Kaiser is a business which is involved in community noise assessment, zoning issues, and conducts community noise analyses. Hufl'conduc noise rneasurerrents on three separate days at five locations around the track during the summer and early fall of2001: on July 20 at the southern boundary of the Defendants property near the motocross course, on Jrily 26 on the pool deck of Joel and Brenda Litt who live at 3975 Millersburg Road, and on September 29 at three sites, the property ofLois and Harry Wright, 1742 Tolbert Road, the property of Brenda and Todd Blackburn, 3758 Todd Lane, and again on the pool deck at t Litt residence. Hannon conducted sound tests on June 8, 2001 at three sites: at the track entrance onto Millersburg Road, in a swale just off Millersburg Road 250 feet south of the track entrance, and 90 feet south ofa mailbox located 3699 Todd Lane, ibrnerly the residence of Plaintiff Scott Burgess; the latter property is now owned by Gerald Vedan, a person who testified during Plaintifs' rebuttal. Hannon conducted additional sound surveys on September 22, 2001 at 3830 BatdorfRoad, 8 Waning Cross Drive, and 1756 Tolbert Road, and on November 16, 2001 near State Route 83. Based upon their noise studies, Huff and Hannon testified respectively that: Huff nonolse.org/.../waynecounty.htrn 7_ a, On July 20, 2001, at the Defendants' southerly property line, noise levels during motocross practice reached a maximum of 92 dBA (decbeLs treasured by use ofthe A scale) with an average level over a 300 second measurement period at 76,6 dBA. h. On July 26, 2001, on the pool deck at the Joel and Brenda Litt residence on Millersburg Road, track noise levels during motocross practice reached a maximum of72 dI3A with the level being above 65 (IBA on many 3/6 2 /21/2011 Racetrack Case occasions. c. During the morning hours of September 29, 2001., on the pool deck at the Litt residence, noise levels over a two hour testing period measured a matamum of 44.5 dBA for large bikes and 71.9 dBA for small bikes. At the saute tine, measured traffic noise from Route 83, reached a. mmdmum of 61.4 dBA. d. On September 29.2001, e two -hour sarnple ofnoise at the residence of Harry and. Lois Wright on Tolbert Road reached a maximum of 52.4 dBA for small bikes and 56.4 dBA for large bikes. e. On September 29,2001, at an oil well site near the Brenda and Todd Blackhum residence on Todd Lane, traffic noise from Route 83 measured 61 dBA, while track noise was meas ured at 67 dBA For seal bikes and 71.1 dBA for large bikes. f, The human ear perceives noise differences of I dB; a difference o dB is large because of the exponential nature of noise as measured by the use of decibels. a. At the test sites near Route 83 where noise was measured on June 8, and November 16, 2001, a greater amount of noise was found to be produced by road traffic than by motocross track usage. b. On September 22, 2001, at a combination ofsites (3830 BatdorfRoad, 8 Warring Goss Drive, and 1756 Tolbert Road), existing background noise levels would be found "on the adjusted yearly average day /night average to 55 decibels because of their location away from heavy traffic areas..." c. "That given the limited duration of the motocross operation in time during the day over a long period of time over a year, assessing that into the community noise that already mdsts out there, it [the inotocrass operation] will have no effect upon the long term community noise levels that are existing at this point and that they would comply or fall within the categories of the first two residential categories of the ANSI [American National Standards Institute] standards." d. That over a period of time the sound emanating from the motocross track falls below the background traffic noises measured at the testing positions used by Huff e. That over a long period of time there will be tines when the traffic noise in the vicinity of the Uri residence is at orgreaterthan the sound emanating from the motocross track. Huff ordered, with regard to this opinion however, that his opinion would be based upon use of transposed measurements as he did not measure the Litt site during actual motocross operation. Another expert witness called by the Plate, Eric Zwerling, testified that at a sound level of65 dB it would be difficult for two people to converse over the sound at a distance of one meter. Zwerling also testified that a sound level of 35 dB and above interferes with sleep and, therefore, noise ordinances typically establish nighttime noise lint caps of 50 dBA. The Court, as the trier of facts, finds the testimony of expert witnesses, Ronald Huff and Eric Zwerling, to be more credible in this matter than that of William Hannon. 6. Black's Law Dictionary defines rntisance as: A private nuisance is defined as: nonoise.org/.../waynecounty.htim Conclusions of Law "That which annoys and disturbs one in possession of his property, rendering its ordinary use or occupation physically uncomfortable to him." Black's Law Dictionary (Rev. Fourth Ed. 1968) flit "..anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another. (Citations omitted). As distinguished from public nuisance, it includes any wrongful act which destroys or deteriorates the property o fan individual or of a few persons or interferes with their lawful use or enjoyment thereof, or any act which unlawfully hinders them in the enjoyment of a common or public right and causes them a special injury different from that sustained by the general public." Mach's LawDictionaey (Rev. Fourth Ed. 1968) -8- 4/6 2/21/2011 Racetrack Case 1215. 7. The leading case itt Oh€o dealing with the law of nuisances Taylor v. Cincinnati (1944), 143 Ohio State 426. In support of its holding that liabiIIy for nuisance does not depend upon the question of t gtgerrve and may exis hough there is no negligence, the Court in Taylor cited cases from outside Ohio in support of such premise: a. Bowman v. Humphrey, 132 Iowa 234, t09 N. W 714 (dumping refuse from creamery into creek); b. Kafka v. Bono, 191 Cal., 746, 218 P., 753 (negligence irrelevant in action to abate nuisance resulting from sinking building causing wall to overhang, trespass upon and damage plaintiffs property c. Bartel v. Ridgefield Lumber Co., 131 Wash., 183, 229 P., 306 (substantial damage to plaintiffs Earn caused from smoke and sawdust from operation of sawmill); d. Truehart v. Parker (Tex. Civ. App.), 257 S.W., 640 (action to restrain operation of dance hell across street from plaintiffs residence because of din and noise). Id.,143 Ohio St. et 437, 438 The Court in Taylor, res+s .trig absolute nuisance for whrich strict [ability or liability without fault is imposed. by law, stmnnarized that absolute nuisance may be defined as a distinct civil wrong, arising or resulting from die invasion ofa legally protected interest, and consisting of an unreasonable interference wa the use and erjoynlnt of the property of another; the doing of anything, or the permitting of anything under one's control or direction to be done without just cause or excuse, the necessary consequence of which interferes with or annoys another in the enjoyment of his legal rights; th uitwfully doing of anything, or the permitting of anything under one's control or direction to be done, which results in injury to another; or the collecting and keeping on one's premises of anything inherently dangerous or likely to do mischief, if it escapes, which, escaping, injures another in erijoyment of his legal rights. (Emphasis added(). Id., 143 Ohio St 440. The Court also acknowledged a'fottth situation where nuisance may be dependent upon regligeree, tits failure to exercise due care. In suvh cases, the Court stated, negligence must be averred and proven in order to warrant recovery. Id., 143 Ohio St. 441. 8. A finding of common law nuisance i, rot dependent upon the existence ofzo 9. The law of Ohio has established that the test as to the amount of annoyance necessary to constitute a nuisance is measured by the degree ofdiscomfor t that a person of ordinary sensibkies would experieree. The Court must look at what persons of ordinary tastes and sensibilities would regard as an inconvenience or interference materially affecting th physical comfort to a degree whU would constitute a nuisance. O'Neil v. Atwell (199I), 73 Ohio App. 631. 1 The Court concludes, in view oftle evidence presented in this lawsuit, that the Defendant's use of the property h Frankfnt Township, Wayne County, Ohio constitutes an absolute nuisance for the reason that the Defendant's operation of the commercial motocross track situated in Franklin Township, Wayne County, Ohio, generates excessive noise which causes a substantial and unreasonable interference with the following Plainti(lls' use and enjoyment oftteir property, all of which would be offensive or ueonvenient to any person of ordinary tastes and sersibllites: Roberta C. Angermmn Brenda K. Blackburn Michael W. FauOtt Brenda Litt Wendy McKee nonoise.org/.../waynecounty.htrn Lothar Beke Bonnie Cherilla Eamon Frerch Joel Litt J.C. Morgan= ill Elizabeth Richey 11. in seeking to abate a nuisance, a Court of -away nay restrict the Steve.). Bermrdy Lori A. Fought Ruth Kaplan Malcolm MacRaild Jean ©plinger More Man is required to e -9- 5/6 2/21/2011 Racetrack Case nuisance," 5 Powell, Real Property (1985), 64 -69, ¶704[4]. See Cbristerrserr v. hilltop Sportsman Club, Inc. (Feb. 17, 1993) Pickaway App. No. 91 CA 33, unreported, LEXIS 1112. Therefore, the Court concludes that t permanent injunction which should be ordered here regarding the commercial use of the 82.190 acres for motocross practice and racing, cannot be extended to prohibit the use of the property by the Defendants Thomas and Elizabeth and their family for reasonable purposes, including the operation of their personal motocross equipment thereon 12. The general rut in Ohio is tlrnt, absent a statutory provishfallowing attorney fees as costs, the prevarvaaling party is not entitled to an award of attorney fees unless the party against whom the fees are taxed was found to have acted in bad faith State, ex rel. Crockett v. Robinson (1951), 67 Ohio St. 2d 363. It is Ordered, Adjudged, and Decreed, that a permanent injunction shall he and Fereby is granted to ihr Plaintiffs named herein above at Conclusions of Law 4 110, and that the Defendants, Thomas A. Surbk, Elizabeth A. Burick, and Lo -Conn Motocross, LTD. shall be and hereby are permanently enjoined from using and operating, or permitting any oar person, corporation, or business entity to use and operate a commercial motocross or commercial "dirt bike" track or course on thee' property as is fully described in the General Warranty Deed, filed for record on January 8, 2001, and recorded in the Wayne County Deed Record at Volt 315, Pages 497 -498, which description is Ek incorporated in this Judgment. It is further Ordered that a marginal reference to this Judgment shall be made by the Wayne County Recorder on the Deed Record noted in the above paragraph and that the Fee therefor shall be taxed as court costs herein. No attorney fees are Ordered in this action. Court costs are taxed to the Defendants. ORDERED. I, Douglas Dnislsai, F.sn. John V, Boggins, Esq, nonoise.org/.../waynecounty.htrn Judgment -10- JOURNALIZED APR a 5 1002 CAR L W. NMELLHOAN CLERK r rn unrry ni ar;. 6/6 Suggested by: Administration thcc [f IdEN SRA CITY OF KENAI RESOLUTION NO. 2011 -24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7.15.060. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.070 allows the sale of surplus or obsolete equipment, supplies and materials without giving an opportunity for competitive bidding; and, WHEREAS, a non competitive sale of surplus or obsolete supplies, materials, equipment, or other property, the value of which does not exceed one thousand dollars ($1,000) in a single transaction is a reasonable and acceptable means of disposal of surplus and obsolete city property; and, WHEREAS, the City will establish an acceptable sale price for the surplus supplies, materials, and equipment and offer those items for purchase at an advertised surplus sale to be held at the Kenai Community Library. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachments A be declared surplus or obsolete, and that the items on Attachment A may be sold as provided in KMC 7.15.070. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Quanity n ITEiM f DEf9T.... 16 Computer Power Cables Library 4 Dell Mice -used, working Library 1 Logitech mouse -used, working iLibrary 4 Computer Keyboards used, working Library 1 Kids' keyboard used, working Library 1 Computer monitor- used, working CRT 14" Diagonal ,Library 1 Percon barcode scanner and stand used Library 3 Keyboard wrist rests Library 2 Plastic Computer Adapter Stands Library USE cable Library 8 IBM Typewriter Cartridge Printwheels Library 1 Extension Cord Library 28 Multi CD cases iLibrary 199 DVD Cases 'Library 12 Plastic Sleeves for inside books 5.5 x 12 Library 133 Plastic hanging bags 8 x 9 Library 26 Plastic hanging bags 8.5 x 10 Library 12 Plastic hanging bags 10 x 13.5 Library 65 Plastic hanging bags 135 x 13.5 Library 23 Plastic hanging bags 13 x 10 Library 15 Plastic hanging bags 18 x 13.5 Library 178 Plastic book pockets 5.5 x 3.3 Library 22 Plastic book pockets 2.75 x 8.5 Library Library Library Library Library Library Library Library Library Library Library Library Library Library Library Library library Library Library Library Library Library Library Library Library Library Library Library Library Library Library 88 Plastic book pockets 5 x 5 34 Plastic book pockets, angled 8.5 4 50 pairs Easy cover clear book covers 7 x 4.5 67 Poly Clear book covers 7 x 10.5 24 Poly Clear book covers 5 x 8 17 Poly Clear book covers 8.5 x 13 83 Clear Video cover sleeves 1 Box assorted shelf braces, hardware 1 6slotw all organizer 12x26x4 2 Wire basket desk organizer 14 x 11 x 8 1 Metal desk organizer 15 x 11 x 11 2 Foot rests 18 x 14 1 Foot rest 19 x 12 1 Metal desk organizer 15 x 9x 9 Plastic desk tray 19.5 x 14 x 2.5 10 3.5 diskette wallets 33 3.5 2HD disks 50 Floppy disks 21 Zip disks 2 Travan 20 GB Imation data cartridges 1 Travan dry process head cleaning cartridge 4 10 -packs 3.5 floppy disk paper protectors 2 Computer electrical cables 5 Assorted electrical charges 1 External Data /Fax Modem 1 8 CD holder cloth wallet 1 Printer cable 1 Netgear wireless access point 1 3 prong electric cord Book cover edger 2011 LIBRARYAUCTION ITEMS ATTACHMENT A RESOLUTION NO. 2011-24 -12- 1 Set of Altec Speakers Library Library Library Library Library Library Library Library Library Library Library Library Library Library Library Library Library Library 1 Irvin Fan Heater 8 x 10 x 5.5 17 Plastic magazine organizer boxes 1 Plastic file box 9 x 5.5 x 4.5 3 Plastic software storage boxes 38 3 ring binders 11.5 x 10.5 1 Smoke alarm 1 12" Circular battery dock 3 Plastic hanging mail boxes 13 x 16x 2.5 1 Computer screen protector 18 Nylon computer monitor covers 1 Single -sided wood shelving unit 90 "H x 36.5" W x 10 5/8" D 1 Single -sided wood shelving unit 90 "H x72.5" W x 10 5/8" D 1 DeskPartition fabricw/ Plexi window 30" x 60" 1 Metal Cabinet for mounting on fabric partition 14 "H x 42" W x 15" D 1 Desk Partition fabric 24" x 66" 1 Desk Partition fabric 42" x 66" 10 Blue Task Chair Library 4 Solid Oak Shelving Units 42" x 144 7/8" x 20" Library Library 1 Solid Oak Shelving Unit 42" x 145" x 30" 1 Solid Oak Shelving Unit 42" x 145" x 20" Library 1 Computer stand up station 50 x 40 x 32 Library 1 Computer stand up station 74.5 x 31 x 42 Library 1 Computer Carrel Unit single faced 108 x 24 x 29 Library 22 Red Upholstered chair Library 1 Red Upholstered armchair Library 1 Green Upholstered armchair Library 1 Two drawer file cabinet, letter size, wood grain laminate 241/2 x 16 x 19 1/2 Library 1 Double sided steel shelf (8 shelves) with one wood end panel 90 x 36 x 25 Library 1 Metal file cabinet with 2 drawers and one file 27 x 15 x 19.5 Library 1 Free standing Single sided metal shelving unit 78" x 36" x 5" Library 1 Free standing Single sided wood shelving unit with sloping shelves 55.5 x 30 x 14" Library 1 Free standing woodgrain laminate sheving unit 72 x 36 x 12 Library 2 Five "drawer" lateral file units legal size w /ea. Unit has 2 file drawers, 2 sections with 2 pull -out shelves and 1 section with one pull out shelf Library 6 Fabric desk partitions 48 x 18 Library 2 Fabric desk partitions 24 x 18 Library 4 L- shaped desks that are 96 x 72 with a depth of 30" Library Library 2 Single sided wood shelving unit4l x 72 3/4 x 12 Library 1 Single -sided wood shelving unit 41 x 36 x 12 Library 4 Laminate shelving single sided units 36 x 36 x 12 Library Double sided wood shelving 41 1/2 x 181 x 24 Library 1 Double sided wood shelf 59 3/8 x 181 1/2 x Library 1 Single sided wood shelf 54 x 36 3/4 x 10 Library 1 Television stand on wheels with cabinet 34 x 28 1/4 x 18 Library 2 Double sided metal shelving 90 x 37 x 211/2 -5 sections with 7 shelves )Library 2 Double sided wood shelving units 37 x 42 x 24 Library 1 1 Double sided wood shelving unit 37 x 42 x 20 Library 24 Ft.. Single sided wood shelving 60 x 12 Library• 1 Double sided wood shelving unit 42 x 145 x 23 5/8 Library 3 Upholstered stools Library 2011 LIBRARYAUCTION ITEMS ATTACHMENT A RFSrII� ITInN Nrl )n91_ -r4 -13- I Loveseat 54 x 27 Library 1 Display case wood and glass 45 x 42 x 24 Library 1 Folding book case 30 x 24 x 9.5 Library 1 Wood table 60 x 30 x 29 Library 1 Globe on wheels 40" H by approximately 31" diameter Library 2 Study table with orange laminate 60 x 36 x 29 Library 2 Armchairs Orange Library' 5 Wooden single step stools Library 5 Wooden double step stools 1 Wood shelving unit42 x 109 x 22 one side with shelves one with slant display Library 1 Wood shelving unit 42 x 109 x 24 one side with shelves one with slant display Library 6 Rows of double sided steel shelving with wood end panels 90 x 36 x 25 each row has 7 sections and 7 shelves Library 2 Rows of double sided steel shelving with wood end panels 90 x 36 x 25 each row has 5 sections and 7 shelves Library 2 Tables for computers with green laminate 31 x 110 1/4 x 30 Library 1 Computer table with green laminate 50.5 x 31 x 26 Library 4 Wood shelving units 42 x 36 3/4 x 19 1/2 Library 2 Wood laminate shelving single sided units 71 x 28 x 115/8 1 Task chair with arms gray Library 30 Chrome and red vinyl meeting room chairs Library 2 Dollies for red chairs Library 1 Metal media cart w /wheels includes one shelf and one cabinet 42 1/4 x 25 1/2 x 19 1/4 Library 1 Box fan Library 1 Rubbermaid beverage cooler Library 1 Foam standing "Teen Favorites" sign 24 x 14 Library S Sections Steel shelving single sided more tha 90" with at least 9 shelves each Library l 2 Crosley Radiant 1500 watt heaters 16 x 15 x 10 Library 1 Sunbeam Steam Iron Library 1 3M overhead projector I Library I Kodak Carousel slide projector and case Library 2 Bell and Howell model 258516 MM projectors Library 2 GE cassette tape players Library 4 Telex headphones model 520 -1 Library 1 Casio 10 -key printing calculator Library 1 Perkins Brailler and 2 manuals Library 8 Kodak slide carousels Transvue 80 Library 2 Kodak slide carousels Transvue 140 Library 1 Framed paper art work 24 x 14,5 Library 1 Folding table 32 x 16 Library 1 4 -tier display box 23.5 x 13 x 14 Library 1 Wooden desktop file cabinet 29 x 12 x 13 Library 1 IFramed Australian fold art painting 11.25 x 15 Libra Bulletin boards 48 x 33 with hanging chains Library 4 Bulletin boards 36 x 26 Library 2 Coat hook strips 90 x 5.5 Library 2011 LIBRARYAUCTION ITEMS ATTACHMENT A RESOLUTION NO. 2011 -tk -14- 1 Hanging plastic sign "Children's Area" 36.5 x 20.5 Library 1 Nylon Christmas moose banner 38 x 27 Library 7 Wooden display boxes 28 x 14 x 6 Library 5 Boxes (12 each) metal shelf label holders 1 x 4.25 Library 22 Mealt shelf label holders .75 x 4.25 Library 24 Double DVD cases Library 1 2- drawer metal file box 12.5 x 16.5 x 5 Library 1 Metal pull out keyboard tray 15.5 x 22 x 5 Library 2 Plastic file tray 12 x 10.5 Library 124 Mulitcolored hanging legal file folders Library 1 Metal desktop organizer 21 x 10 x 7 Library 2 Plastic floor mats 45 x 59 Library 13 Plastic floor mats 45 x 52 Library library 1 Row Double sided metal shelving blue 90" x 36" x 17 1/2"sections(7) with 7 shelves Library 2 Rows Double sided metal shelving 90 x 36 x 18 7 sections each w 7 shelves Library 3 Double sided metal shelving with wood end panel 90 x 36 x 25 Library 1 Double sided metal shelving with wood end panel 90 x 72 x 25 Library 1 Podium with twa shelves 44 x 26.5 x 17.5 Library 6 6" wire display holders Library 2011 LIBRARYAUCTION ITEMS ATTACHMENT A RFVN I IT(riN Air) Jn11.1A- -15- MEMO• TO: Rick Koch, City Manager FROM: Mary Jo Joiner, Library Director DATE: March 5, 2011 SUBJECT: Library Expansion Surplus List "V /laye with a Past Gat with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t Telephone: 907 283 -7535 FAX: 907- 283 -3014 illlr 1992 Attached please find a list of items that may be listed as surplus by the city. These are furnishings, primarily shelving, that will not be used in the new library and other small equipment and supplies that are no longer used. This list includes items that will need to be removed from the library as soon as possible in order for construction to remain on schedule. -16- 1/ the KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2011 -24 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE, AND TO BE SOLD AS ALLOWED IN KENAI MUNICIPAL CODE 7,15.070. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.070 allows the sale of surplus or obsolete equipment, supplies and materials without giving an opportunity for competitive bidding; and, WHEREAS, a non- competitive sale of surplus or obsolete supplies, materials, equipment, or other property, the value of which does not exceed one thousand dollars (S1,000) in a single transaction is a reasonable and acceptable means of disposal of surplus and obsolete city property; and, WHEREAS, the City will establish an acceptable sale price for the surplus supplies, materials, and equipment and offer those items for purchase at an advertised surplus sale to be held at the Kenai Community Library. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachments A be declared surplus or obsolete, and that the items on Attachment A may be sold as provided in KMC 7.15.070. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thisl6th day of March, 2011. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR thc yq KE AlALASKA CITY OF KENAI RESOLUTION NO. 2011 -25 Suggested by: Administration A RESOLUTION OP' THE COUNCIL OF THE CITY OF' KENAI, ALASKA, 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. WHEREAS, the City's FY2011 Budget included amounts for a. study to determine if wind generators would be feasible at various City facilities and an additional amount to install a generator should a site be determined to be viable; and, WHEREAS, the conclusion of the study was that absent significant grant funding, no City facility possessed the needed attributes to economically justify the installation of a wind generator; and, WHEREAS, based upon the study's conclusion, the need for the $90,000 appropriated for installation of a wind generator is available for redirection to other projects; and, WHEREAS, the Municipal Park Playground Expansion Project has neared completion of the conceptual design phase and is in need of additional funding to move the project into the detailed projected engineering and design phase; and, WHEREAS, the estimated cost for final project engineering and design is $30,000 with any excess funds applied to the construction phase of the project; and, WHEREAS, the City Cemetery Improvement Project will accomplish needed improvements at the cemetery to include replacement or installation of corner markers on grave plots, redesigning of plot layouts, coordination of surface and subsurface survey data, and site preparation for columbarium foundation construction; and, WHEREAS, it is anticipated that onsite work at the City Cemetery will commence shortly after snow melt; and, WHEREAS, the estimated cost for improvements at the cemetery are $60,000 with any excess funds applied to the construction of a columbarium. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: -17- Resolution. No. 2011 -25 Page 2 of 2 General Fund Decrease: Non Departmental Transfer to Alternative Energy Project Fund Increase: Non Departmental Transfer to Municipal Park Playground Expansion Project Fund $30,000 Non Departmental Transfer to Cemetery Improvement Project Fund $60,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 2011. ATTEST: Carol L. Freas, City Clerk Approved by Finance: -18- PAT PORTER, MAYOR $90,000 MEMO: TO: City Council FROM: Rick Koch DATE: March 10, 2011 SUBJECT: Resolution 2011 -25 1 114ilaye with a Past, Git with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 283 -7535 FAX: 907 -283 -3014 The purpose of this correspondence is to recommend Council approval of the above referenced resolution, the purpose being to authorize a budget transfer within the General Fund to provide funding for: 1. The design of a playground expansion at Municipal Park 2, Labor, survey, equipment and materials to re- monument and /or monument the corners of cemetery plots. 3. Establish control monumentation to facilitate finding plot corners. 4. Correlate surface and subsurface survey data in order to identify usable areas within cemetery 5. Provide City Clerk with updated cemetery layout data 6. Purchase and install 48 niche columbarium. The funding for the above would be transferred from the Alternative Energy Project (wind power generation) project that was included in the FYll budget. This funding is available as the project was determined to not be cost /benefit justified by a consultant performed feasibility study. It is Administrations intent to hire a temporary worker for the summer season beginning approximately April 1 to locate and replace cemetery plot corner monuments. The first priority will be to locate or install corner monuments on plots that have been sold but not yet utilized. The second priority will be to locate /install monuments on plots that are platted /available, but not yet sold. The third priority will be to modify plot layouts to provide for walkways and install corner monumentation. -19- Work will be accomplished by our temporary hire and a survey consultant. It is important that plot corner monumentation is installed for all cemetery plots and coordinated with control monumentation to facilitate locating cemetery plots in the future. I have attached a copy of the administrative burial policy and procedures utilized by Parks and Recreation. As you can see the installation of plot corner monuments is critical. This transfer will also provide funding to move forward with the construction of a 48 niche Columbarium at the Kenai Municipal Cemetery during the 2011 construction season. Thank you for your attention in this matter, -20- KENAI MUNICIPAL CEMETERY COST ESTIMATE FOR REPLACEMENT /PLACEMENT OF CEMETERY PLOT CORNERS, SURVEY AND CONSTRUCTION OF COLUMBARIUM (48 NICHES) Replacement /Placement of Cemetery Cost Item Description Laborer (S.T) Laborer (0.T.) Equipment Stakes /Monuments Survey /Calculation Unit HR HR LS LS LS Plot Corners Quantity 1100 100 Unit Cost 13.30 19.80 750.00 10,000.00 2,500.00 Sub -Total Sub -Total 14,630.00 1,980.00 750.00 2,500.00 10,000.00 29,860.00 Columbarium, Phase 1 Unclassified Excavation Classified fill Backfill Concrete Columbarium Structure (48 Niches) Freight Cost Item Description. Unit CY Ton CY EA Quantity Unit Cost Sub -Total 200 360 40 1 12.00 14.00 200.00 9,500.00 LS 1 4,500.00 Sub -Total 2,400.00 5,040.00 8,000.00 9,500.00 4,500.00 29,440.00 Project Component Replacement /Placement of Cenetery Plot Corners Columbarium, Phase Cost 29,860.00 Total 59,300.00 29,440.00 -21- SCOPE POLICY KENAI, ALASKA MEMO: Village with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907-283-3014 TO: Bob Frates, Director Park Recreation I t i k FROM: Rick Koch DATE: November 15, 2010 SUBJECT: Kenai Memorial Cemetery, Burial Policy Procedures The purpose of this correspondence is to enact certain policies and procedures establishing guidance in transmitting information, and locating burial plots. These policies and procedures are effective immediately. This policy and procedure is prepared for the City of Kenai's Parks Recreation Department to facilitate effective maintenance and operation of the Kenai Memorial Cemetery, specifically as it pertains to grave plot preparation. It defines and describes procedures that should be followed in applying policy. It is the policy of the City of Kenai Parks Recreation Department to ensure the accurate placement of individuals interred at the Kenai Memorial Cemetery, and to maintain survey monumentation in the cemetery. PROCEDURE FOR PLOTS RESERVED IN ADVANCE OF A BURIAL (RESERVATION ONLY) 1. Upon purchase of a grave plot the City Clerk shall submit documentation to the Parks Recreation Director consisting of the following: a. A map /sketch showing the location of the grave plot b. The cemetery plot application /information form 2. The Parks Recreation Director will verify the location of the plot and record that action by accomplishing the following: -22- 199 a. Recover survey monumentation identifying the four corners of the plot. b. If monumentation cannot be recovered then monumentation must be set, or re- set to identify the four corners of the plot. This may require the services of a land surveyor. c. The Parks Recreation Director must verify there are no conflicts with other graves or improvements /features in the cemetery. 3. The Parks Recreation Director will submit the "Plot Location Inspection Worksheet" (attached), items 1 -7, to the City Clerk to verify that the plot is located, corners found and /or set, and there are no conflicts with other graves or features in the cemetery. PROCEDURE FOR PLOTS RESERVED AT THE TIME OF BURIAL, OR WHEN THERE IS A BURIAL IN A PREVIOUSLY RESERVED PLOT "RESERVATION BURIAL" or "BURIAL 1. The City Clerk shall submit documentation to the Parks Recreation Director consisting of the following: a. A map /sketch showing the location of the grave plot b. The cemetery plot application /information form 2. The Parks Recreation Director will verify the location of the plot and record that action by accomplishing the following: a. Recover survey monumentation identifying the four corners of the plot. b. If monumentation cannot be recovered then monumentation must be set, or re- set to identify the four corners of the plot. This may require the services of a land surveyor. c. The Parks Recreation Director must confirm there are no conflicts with other graves or improvements /features in the cemetery. 3. The Parks Recreation Director will place lathe /cones over four monumented corners and place one lathe /cone in the middle of the plot for the purpose of identifying the location of the plot. 4. The Parks and Recreation Director will inform the City Clerk (via e -mail) that the plot has been located, monuments have been recovered and marked, there are no conflicts with other cemetery features, and the plot is ready for excavation. 5. Subsequent to the grave being excavated, but prior to interment, the Director of Parks and Recreation shall inspect the gravesite to ensure grave is located within the correct plot limits and provide written verification on "Plot Location Inspection Worksheet for Burial," items 1 -8. The completely executed form will be submitted to the City Clerk for the Cemetery Records. 6, Following the burial, the Director of Parks Recreation will inspect the plot to ensure excavated materials have been returned to the plot and there is no encroachment on adjacent plots of any materials, headstones, memorials, fences, etc. -23- MEMO: "Village with a Past Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks Recreation Director DATE: March 9, 2011 SUBJECT: Council Resolution No. 2011 -25 The purpose of this correspondence is in support of the request for funding to pay for detailed Civil Landscape Architectural Engineering services for the upcoming Municipal Park Playground Expansion Project. The conceptual design phase of the project is nearing completion and the requested additional funding will allow the project to continue moving forward to the next phase of detailed design and engineering. The next phase of engineering services needed for this project include survey and field work, drainage design, site utility layouts, landscape architecture, and parking. The requested $30,000 is expected to accomplish those tasks with any excess funds being applied to the actual construction of the improvements. -24- '1 1992 March 17, 2011 Lauren Ed.ades Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: 2011/2012 LIQUOR LICENSE RENEWAL Roy Da_Ie Howard, d/b /a Kenai Joe's (Beverage Dispensary, License No, 626) At its regular meeting of March 16, 2011, the Kenai City Council considered the following renewal of the liquor license applicant listed below and raised no objections to the renewal based on unpaid taxes, delinquent taxes or obligations of the premises to the City. Roy Dale Howard, d/b /a Kenai Joe's/Beverage Dispensary (License #626) If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk cI. f cc: Kenai Borough Clerk KPB Finance Department Applicant -25- February 16, 2011 Ms. Lauren Edades Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non Objection of License Renewal Business Name License Type License Location License No. Dear Ms. Edades, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, JB /klr Johni Blankenship, CMC Borough Clerk KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 -478 -4441 Ext. 2160 Email: assemblyclerk ©borough.kenai.ak.us cc: Applicant City of Kenai KPB Finance Department File Kenai Joe's Beverage Dispensary City of Kenai 626 -26- JOHNI BLANKENSHIP BOROUGH CLERK SECTION A, LICENSE INFORMATION. Must be completed, FEES License Number: 62 a 1 Liquo License Type: License Fee: 5;1,$`oc, 200.00 500.00 Local Covefrng Body: (Cjty, Borough or Unorganized) e.it /O. -e ie 2t Filing Feet Penalty Fee: of applicable) License Year: golf Loi2 Has the license been exercised or active at least 30 eight -hour days daring each of the two preceding calendar years? [AS 0411330(3)1 Yes No If No, your application will be denied unless a Waiver of Operation (form available) is approved by the Alcoholic Beveragc.Control Board. Statute Reference Sec. 04.11. Total Submitted: S 221 P o c� ABC BOARD 1 Name of Licensee: o -c! uak� R Roy Street Address or Location of Business: $oC9 Co C ci's Community Council Name(s) Mailing ress: Doing Business As (Business Name): Ye-nat .14 City: K en. at c m? r] A..ene,. a.10I 0 2( oAfrc, 9941/ Mailing Address: I 4'1 Busi Telephone Number 22 -8 C6 A City, State, Zip: l e-eh? k 59677 Fax Number: D Check if this is a NEW mailing address I Email Address: I enai Joe S f Off,}°= rPKd1IL eK >ros. I SECTION B. RENEWAL INFORMATION 1 Has the licensed premises been changed from the last diagram submitted? 0 Yes If yes, submit a new diagram Dr No Has there been any change in ownership interest since the last application submitted? 0 .Y!!es FE---No PACKAGE STORE: Does tl:I. renewal include renewal of the notice required under ASO4.11.150(a to sell alcoholic beverages in response to written orders? 0 �yes Ld No Does any individual, corporate off eer, director, or limited liability organization member, manager or partner named in this application have any direct or indirect interest in any other alcoholic beverage business licensed in Alaska or any other state? O Yes D No If Yes, complete the following. Attach additional sheets if necessary Name Name of Business Type of License pp ap�� 3�p 74.Cq Business Street Address State it JAN 2 i 201 ABC BOARD ,l "t" 1. 2010 Has any individual, corporate officer, director, or limited liability organization member, manager or partner named in this application been convicted of a felony, a violation of AS 04, or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state since the last application submitted? D Yes If yes, attach written explanation. No Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 907 269-0350 Fax: 907 272-9412 This application is for: D ,,Seasonal Two 6 -month periods in each year of the biennial period beginning and ending C7' Fuli 2 -year period Mo/Day Mo/Day Renewal 3/09 Y RENEWAL Liquor License Application m PAGE 1 oft ed liability organization member, manager or partner background. -27- Declaration t declare under penalty of perjury that l have examined this application, including the accompanying schedules and statements, and to the host of my knowledge and belief it is Mx, oorrect and oomplole, and this application is not in violation of any security interest or other contracted obligations. r 1 hereby certify that there have boon no changes in officers or stockholders that have nol bout reported to the Alcoholic Beverage Control Board. The undersigned certifies on behalf of the organized entity, it is understood that a misrepresentation of fact is cause for resection of this application or revocation of any license issued. I further certify that l have road and am familiar with 7itie4 of the Alaska statutes and its regulations. and that in accordance with AS 04.11.450,ao person other than the iicensec(s) has any ditch or indirect financial interest in Aro licensed business. I agree to provide all information reooired by the Alcoholic Beverage Control Board in support of this application. Corporations, LLCs, LLPs and LPs must be registered with the Deo of Community and Economic Developmen o Si at nn tile see(s) i��ij7; �7 Rev Oa,/ C. -7.):) -c( j 2.72X /(O :a Name &Title (Please Print) l' ye 23 DeCd4e- t i J Subscribed and sworn to before me this of r f0 _da ot Signature x p S k k E Notary Public in and for t Slate of Alaska My commission expires: O`( -2.1 -go 13 pv Alcoholic Beverage Control Board 5848 E Tudor Rd Anchorage, AK 99507 Renewal Liquor License www.dffisistalc.akidtsffihe PAGE 2 OF 2 (907) 269-0350 Fax' (907) 272 -9412 ENTITY OWNERSHIP (Corporation /LLC /LP) Corporations, LLCs, LLPs and LPs must be registered with the Deo of Community and Economic Developmen Name of Entity (CooporstionfLLC/LLP/LP) (or N/A if an Individual ownership): Telephone Number: 1 Fax Number; Corporate Mailing Address: Na me, M ailing Address and Telephone Number of Registered Agent: Date of Incorporation OR Certification with DCED: l State of Into rporntion: Is the Entity in compliance with the repotting requirements of Title I0 of the Alaska Statutes? Yes No Ifno, attach wrinen explanation. Your entity must be in compliance with Title 10 of the Alaska Statutes to be a valid liquor licensee Entity, Mem hers (Must include President, Secretary, Tress ver, Vice President, Manager and Shareholder/Member with el least 10 Name Title Home Address Telephone ii Work Phone Date of Birth NOTE: On a separate sheet provide additional ownership/ shareholder /member /director /officer information. INDIVIDUAL OWNERSHIP (Individual or Partnership) Individual Licensees /Affiliates (the ABC Board defines "Affiliate" as the spouse or significant other Of licrosco. Ltst each Affiliate.) Name: Oa e Wo J &nf Address: 6o'- j.5r/ YcR te. 4 Q6 r( Home Phone: 3q y- OA Work Phone: 283 3 Applicant 3" Affiliate Name: Address: Home Phone: Work Phone: Applicant Affiliate Date of Birth; C SS Date of Ainh: 1 Name: Address: Home Phone: Work Phone: Applicant Affiliate Name: Address: Home Phone: Work Phone: Applicant Affiliate Date of Birth: Date of Binh: E N T T 1 N F 0 R Al A 7 1 0 N A' P 0 Restaurant/Eating YES NO EF Gross receipts from the sale of food at the licensed premises constituted at east 50 percent of Piaee Statement the gross receipts of the business during the 2 0 /20 calendar license years as required under AS 04.11100 e -28- March 17, 2011 Lauren Edades Records Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 RE: 20I1/2012 LIQUOR LICENSE RENEWAL D E Investments, d/b /a The Bow (Beverage Dispensary, License No. 1312) At its regular meeting of March 16, 2011, the Kenai City Council considered the following renewal of the liquor license applicant listed below and raised no objections to the renewal based on unpaid taxes, delinquent taxes or obligations of the premises to the City. D E Investments, d/b /a The Bow/Beverage Dispensary (License #1312) If you have any questions, please contact me at 283 -7535, extension 231. CITY OF KENAI Carol L. Freas City Clerk clf cc: Kenai Borough Clerk KPB Finance Department Applicant -29- RE: Non Objection of License Renewal Business Name License Type License Location License No. Dear Ms. Edades, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, March 1, 2011 Ms. Lauren Edades Records Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 JB /klr Johni Blankenship, CMC Borough Clerk cc: Applicant City of Kenai KPB Finance Department File KENAI PENINSULA BOROUGH 144 North Binkley Street Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 -478 -4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us The Bow Beverage Dispensary City of Kenai 1312 -30- JOHNI BLANKENSHIP BOROUGH CLERK License. Number 1 License Type 1312 Beverage Dispensary if Seasonal License Seasonal From: D E Investments Inc 502 8 Main St KenaiAK 99611 Mailing Address Phone: .4b CO Email: Please mark th.e correct box to answer: Name Mai ling Address 6 ,,c n r ui L__Ac V Y 0 rici frti 4 2611/2012 Liquor License Renewal Fax: 1. Was your establishment open for business at least 30 days in 2009? 2. Was your establishment open for business at least 30 days in 2010? 3. Has the licensed premise changed from the last diagram submitted? 4. Has any person named in this application been convicted of a felonv? List all corporation members, managers and shareholders below: Title 1 (C. I I j "5, A r A If not a corporation or LLC List all individuals, spouses, or partners that own business below: Name Mailing Address Title Phone -31- S easonal To: ABC Board 5848 E. Tudor Rd Anchorage, A.K 99507 Phone: 907-269-0350 Fax: 907-269-9412 Establishment Name Bow, The Premise Address 502 S Main St. Kenai Kenai Peninsula Borough 'Elves ENo 'es DINo EN es 0.No Yes p Share Phone Pant 1 of 2 'license 1 S25 ©0.60 li $2 By affixing my signature lselow: I declare under penalty of perjury my knowledge and belief state k is Late Fee :amined this application and to the best of and complete. 1 certify that 1 have read and am familiar with Title 4 of the Alaska statutes and corresponding regulations. 1 agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. As a licensee (a sole proprietor, partner or of entity to which license is issued), I certify that have received alcohol server training and my certification is currently valid. My commission expire As a licensee, I. certify that all other persons named as parts shareholders, or members have received alcohol server tr currently valid. ABC Board 5848 E. Tudor Rd Anchorage AK 995 Phone: 907- 269 -0350 Fax: 90 -269 -9412 -32- Fingerprint I ee TOTAL shareholder, member, of the As a licensee, i certify that all my agents and employees tasked with patron identification verification have received alcohol server tr aining and their certification is currently valid. d 1.�� ✓'t'`` v Subscribed and sworn to before me this y Si gnature Notary Public in and for the State of day of officers, directors, g and their certification is ITEM A: CALL TO ORDER 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 min.u,tes combined on. their own and on otters' 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: 2. AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 2, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.el.kenai.ak.u.s SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) Skyview Mock Trial Team /State Champions Requesting Support/National Competition. Michelle Martin, Kenai Watershed Forum "Protecting Salmon From Reed Canary Grass Ongoing" Project Funded Through Alaska Sustainable Salmon Fund. 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 speakerpresent, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2538 -2011 Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes," Section 4.32.030, "Fee Schedule," to Delete References to Specific Fees for Construction or R -3 and 13 -1 Occupancies so that Those Construction Fees Can Instead be Set Forth in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance. -33- 2. Ordinance No. 2539 -2011 Increasing Estimated Revenues and Appropriations by $300,000 in the General Fund and by $401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. 3. Resolution No. 2011 -21 In Support of the City of Kenai's 2011 All America City Award Application and Authorizing the City Manager to Submit the 2011 All _America. City Award Application on Behalf of the City of Kenai. 4. Resolution No. 2011 -22 Adding Priority Number Eleven to the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012. 5, Resolution No. 2011 -23 Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Guardian Security Services, Inc. for the Period March 3, 2011 Through February 28, 2014. 6. *LIQUOR LICENSE RENEWAL Loyal Order of Moose Lodge :1942, d /b /a Peninsula Moose Lodge 1942 /Club (License 2494) ITEM E: MINUTES 1. *Regular Meeting of February 16, 2011. 2. *February 15, 2011 Work Session Notes. 3. 'February 16, 2011 Work Session Notes. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 Action /Approval Special Use Permit /Buccaneer Alaska Operations, LLC. 4. Action /Approval Second Amendment to Rental Agreement /Chevron North America Exploration and Production Company Beacon Fire Training Center. Action /Approval Third Amendment to Facilities Management Agreement /Kenai Visitors and Cultural Center. ITEM H: COMMISSION /COMMITTEE REPORTS Council on Aging -34- 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3, City Clerk ITEM R. ADDITIONAL PUBLIC COMMENT 1 Citizen Comments (Public comment 11 Cited 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: Ordinance No. 2537-2011 was postponed, no time certain, at the February 16, 2011 Council meeting with direction to return the ordinance to the Planning Zoning Commission for further review and consideration, Upon its return to Council, the ordinance will receive an additional public hearing.) ITEM M: ADJOURNMENT -35- ITEM A. CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING MARCH 2, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING Mayor Porter called the meeting to order at approximately 7:00 p.m in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Ryan Marquis Pat Porter, Mayor Terry Bookey MOTION: Robert Molloy (telephonically) Joe Moore A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: Item D -3, Resolution No. 2011 -21 Correction to All America City Application /Replacement Page 22 of Council Meeting Packet ADD TO: Item H -7e, Report of Kenai Peninsula Borough Assembly Meeting of March 1, 2011 Council Member Bookey MOVED for approval of the agenda with, the changes requested by the Mayor. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. MINUTES -36- Mike Boyle, Vice Mayor Brian Gabriel Marquis Yes Molloy ;Yes Boyle Yes Porter No 1 Moore No Gabriel No Bookey No KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Bookey MOVED to approved the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) B -1. Skyview Mock Trial Team /State Champions Requesting Support /National Competition. Brooke Hughes, Skyview Mock Trial Team Commented on the Team's winning the State Mock Trial Competition and moving on to the National Mock Trial Competition in Phoenix. Arizona in May. Hughes gave an overview of the competition an.d requested a donation toward the travel costs and noted different fundraising efforts being held, including a raffle, donations made and other contacts from whom they were hopeful of receiving donations. MOTION: Council Member Boyle MOVED for the City to donate $500 to their cause and Council Member Marquis SECONDED the motion. Council Member Boyle stated funds be taken from the Legislative budget. Council comments included concern the issue should be better advertised and a suggestion was made to fail the motion and place the issue on the March 16, 2011 council meeting agenda. VOTE: *Student Representative Coffman: No MOTION FAILED. -37- KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 3 Direction was given to place the issue on the March 16, 2011 council meeting agenda. B -2. Michelle Martin, Kenai Watershed Forum 'Protecting Salmon From Reed Canary Grass Ongoing" Project Funded Through Alaska Sustainable Salmon. Fund. Ms. Martin provided an overview of invasive species information which was included in the packet and identified reed canary grass as the biggest threat of invasive species on the Peninsula; noted efforts of the Kenai Watershed Forum to survey and remove the grasses where appropriate; and, reported the Forum had received funding through the Alaska Sustainable Salmon Fund to continue its work to keep Kenai Peninsula waterways free of the grass. Martin noted, the Forum was required to partner with a government entity that would act as a pass through agency and requested the City of Kenai to partner with the Forum in that capacity. City Manager Koch stated City Administration was supportive of the request and recommended Council direct Administration to apply as the pass through agent; noted there would be little involvement of the City in providing the service; no administrative fees to provide the service were proposed; and, the Forum would work through processes with the Department of Environmental Conservation for use of any herbicides, etc. MOTION: Council Member Gabriel MOVED to accept the grant as a pass through agency in this particular portion of the grant process but revisit it if there is more or another step or another grant process later on to address the herbicide issue. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) None. ITEM D: D -1. 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 071 their own and on others' behalf) Ordinance No. 2538 -2 011 Amending the Kenai Municipal Code Chapter 4.32, "Residential Codes," Section 4.32.030, "Fee Schedule," to Delete References to Specific Fees for Construction or R -3 and U -1 Occupancies so that Those Construction Fees Can Instead be Set Forth -38- Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes 1 Bookey Yes KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 4 MOTION: in a Comprehensive Fee Schedule Adopted by the City Council Rather Than Set by Code Ordinance. Council Member Marquis MOVED to enact Ordinance No. 2538 -2011 and Council Member Gabriel SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: *Student Representative Coffman: Yes Marquis Porter Bookey MOTION: VOTE: Yes Yes oore MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2539 -2 011 Increasing Estimated Revenues and Appropriations by $300,000 in the General Fund and by 5401,500 in the Library Improvements Capital Project Fund to Provide Additional Funding for Completion of the Library Expansion Project. Council Member Marquis MOVED to enact Ordinance No. 2539 -2011 and Council Member Gabriel SECONDED the motion, The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. -39- KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 5 D -3. Resolution No. 2011 -21 In Support of the City of Kenai s 2011 A11-America City Award Application and Authorizing the City Manager to Submit the 2011 All America City Award Application on Behalf of the City of Kenai. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2011 -21 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. The floor was opened to public hearing. Christine Cunningham, Assistant to City Manager Ms. Cunningham identified items that may be used as promotional items to take to the Ali- America City competition (if the City's application would be chosen as a finalist) were available for review. There being no others wishing to be heard, the public hearing was closed. Council members thanked Cunningham and members of the working group for their interest and work in developing the application. VOTE: There were no objections. SO ORDERED. D -4. Resolution No. 2011 -22 Adding Priority Number Eleven to the City of Kenai Capital Improvements Plan Priority List for State and Federal Funding Requests for the Fiscal Year 2012, MOTION: Council Member Marquis MOVED for approval of Resolution No. 2011 -22 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The Poor was opened to public hearing, There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -5. MOTION: Resolution No. 2011 -23 Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Guardian Security Services, Inc. for the Period March 3, 2011 Through February 28, 2014. -40- KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 6 Council Member Marquis MOVED for adoption of Resolution No. 2011 -23 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -6. *LIQUOR LICENSE RENEWAL Loyal Order of Moose Lodge #1942, d /b /a Peninsula Moose Lodge 1942 /Club (License #2494) Approved by consent agenda. ITEM E: MINUTES E -1. *Regular Meeting of February 16, 2011 Approved by consent agenda. E -2. agenda. E-3. agenda. ITEM F: *February 15, 2011 Work Session Notes Approved by consent *February 16, 2011 Work Session Notes Approved by consent UNFINISHED BUSINESS None. BREAK TAKEN: 7:39 P.M. BACK TO ORDER: 7:50 P.M. ITEM G: G -1. MOTION: NEW BUSINESS Ratification of Bills Council Member Bookey MOVED to ratify the bills and. requested UNANIMOUS CONSENT. Council Member Marquis S ECONDED the motion. VOTE: There were no objections, SO ORDERED. -41- KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 7 G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $15,000. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -3. Action /Approval Special Use Permit /Buccaneer Alaska Operations, LLC. City Manager Koch gave a brief update, noting the Special Use Permit approval was the last step in order for Buccaneer to proceed with its project; a Conditional Use Permit was approved by the Planning Zoning Commission; the Special Use Permit was provided in lieu of a lease for the un- subdivided area; in the event Buccaneer was successful, there would be a subdivision proposal to accomplish and a long -term lease to negotiate; and, with the approval of the Special Use Permit, Buccaneer's project would proceed within two weeks. MOTION: Council Member Molly MOVED to approve the Special Use Permit for Buccaneer Alaska Operations, LLC. Council Member Marquis SECONDED the motion. Council Member Moore requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -4. Action /Approval Second Amendment to Rental Agreement /Chevron North America Exploration and Production Company Beacon Fire Training Center. MOTION: Council Member Bookey MOVED for approval of the Second Amendment to Rental Agreement with Chevron North America Exploration and Production Company and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motio VOTE: There were no objections. SO ORDERED. -42- KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 8 G -5. Action /Approval Third Amendment to Facilities Management Agreement /Kenai Visitors and Cultural Center. MOTION: Council Member Bookey MOVED to approve the Third Amendment to Facilities Manage Agreement with the Kenai. Visitors and Cultural Center and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed the February 10, 2011 meeting summary which was included in the packet and provided an update of upcoming events at the Senior Center, including the next Council on Aging meeting date and a fundraiser dinner and pie auction info uaation. H -2. Airport Commission Council Member Marquis reviewed the February 10, 2011 meeting summary which was included in the packet and reported the next meeting was scheduled for March 10. I1 -3. Harbor Commission Council Member Gabriel reported the next meeting would be held on March 7 and requested Clerk Freas to include "Drift Boat Pullout" as a discussion item on the March 16, 2011 City Council meeting agenda. H -4. Library Commission Council Member Marquis reported a meeting was held on March 1 at which the Commission discussed goals and objectives, filtering, and cancelling the April meeting. H -5. Parks Recreation Commission Mayor Porter reported she attended the February 28, 2011 work session and. Special Parks Recreation Commission meeting and gave a brief update of the Municipal Park Improvements and noted, the Commission requested additional alternatives be developed with regard to traffic flow. The Commission would meet again in April. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the February 23, 2011 meeting which were included in the packet, and noted a work session was held prior to the meeting regarding outdoor wood- burning boilers and added, a second work session was scheduled for March 23. Molloy also noted Council Member Marquis would act as liaison and attend the March 9 Commission meeting. -43- KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 9 H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No report. H -7b. H -7e. Alaska Municipal League Report No report. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau Council Member Hockey reported a meeting was held on Febraary 28 and the next meeting was scheduled for March 28, 2011. H -7e. Reports of KPB Assembly, Legislators and Councils The lay -down report of Assembly Member Smalley was noted. ITEM I: REPORT OF THE MAYOR Mayor Porter reported she attended a meeting held in Kenai with Senator Murkowski.; she participated in a reading program at Mt. View School; she attended the Oilers Gusher; and participated in the Chamber's Job Shadow Day. ITEM J: ADMINISTRATION REPORTS J -1. City Manager Koch noted the following items: A d.eferm.ent of duties was finalized for the State plumbing and mechanical inspector which would remove potential conflicts between municipal inspections and State inspections. He and other members of Administration met with FAA to educate FAA representatives of Airport processes, including lease administration, land-use planning, grant assurances, new Master Plan development, etc. Municipal Park Improvement Project estimated cost, consultant information, etc. will be included in the April 7, 2011 Parks 8 Recreation Commission meeting, The budget preparation was ahead of schedule and could be to Council earlier. A petition for a special assessment district was submitted to the Clerk for James Street. He would provide the Council with his required report at the next Council meeting. He would be traveling to Juneau on March 8 and 9 to meet with legislators, etc. to discuss City issues. Referred to comments he made at the Board of Fisheries meeting in Anchorage, a copy of which were included in the packet. A brief conversation took place related to the Municipal Park improvements, including budget for the improvements (whether from the current year budget or not), trail construction (concern existing trails be used /improved prior to adding new trails, and the designs will be before the Parks Recreation Commission first and then to Council within the next six or eight weeks. -44- KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 10 J -2. Attorney No report. J -3. City Clerk City Clerk Freas reminded all of the March 3, 2011 work session related to sprinkler system requirements. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Boyle Reminded all he would not be at the March 16, 2011 meeting and did not intend to participate telephonically. Natasha Ala, Executive Director, Kenai Convention Visitors Center Ala gave a brief report of events taking place and planned for the Center in the next several months. Citizen Comments (Public comment limited to 5 minutes per speaker) K -2. Council Member Comments Molloy No report. Marquis Reported SB3 (funding for school meals) was passed unanimously by the State Senate. Coffman Gave a brief update of upcoming events at Kenai Central High School, including leadership news, sporting events, Job Shadow Program, and several of the students being accepted to the National Honor Choir. Bookey Thanked those who provided testimony and gave presentations, and reminded all of the Peter Pan presentation and the upcoming St. Baldrick event. Gabriel Thanked those who attended and provided testimony and reported he attended the Board of Fisheries meeting as well and was disappointed there were no follow -up questions from the Board after presentations had been made. Moore No comments. EXECUTIVE SESSION None Scheduled ITEM L: PENDING LEGISLATION (This item lists legislation. which will he 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: -45- KENAI CITY COUNCIL MEETING MARCH 2, 2011 PAGE 11 Ordinance No. 2537-2011 was postponed at the February 16, 2011 Council meeting with direction to return. the ordinance to the Planning Zoning Commission for further review and consideration. Upon its return. to Council, the ordinance will receive an additional public hearing.) ITEM M: ADJOURNMENT There being no further business to come before the Council, *_he meeting wa adjourned at approximately 8:30 p.m. Minutes submitted by: Carol L. Freas, City Clerk 'The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. -46- z 0 V w w o Z N r b U 2 o 0 5 0 o LL Hi V r z W E D W CO 2 Z J W Z a 0 0 -47- 0 0 a 0 0 cr 0 0 0 N 0 0. a a J O Z 0 0 0 w w Z 2 0 o c� o r S N U CC ero a 2 0 cn w can 0 w x 0 D. D. 0 0 0 z z d cc 0 a -48- General Fund Increase Estimated Revenues: State Grant Police ATTEST: Carol L. Freas, City Cle Approved by Financ CITY OF KENAI ORDLNANCE NO. 2540 -2011 Suggested by; Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY 52,537.49 IN THE GENERAL FUND POLICE DEPARTMENT FOR STATE TRAFFIC GRANT OVERTIME REIMBURSEMENTS FROM THE STATE OF ALASKA. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and injuries on roadways; and, WHEREAS, AHSO traffic related overtime funds require no local match and allow the department to provide specific traffic safety patrols; and, WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $2,537.49 from November of 2010 through February of 2011; and, WHEREAS, the Police Department is requesting the appropriation of $2,537.49 to cover the actual costs of traffic safety program participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Increase Appropriations: Police Overtime 52,537.49 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April, 2011, -49- PAT PORTER, MAYOR 2,537.49 Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: April 6, 2011 El C a of K HAL ALASKA MEMO: "Village with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 f k TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 313111 SUBJECT: Ordinance requesting appropriation Police Overtime The Kenai Police Department continues to participate in seatbelt and DUI overtime patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO). These overtime patrols are not budgeted in the FY11 budget. Actual overtime costs for Click it or Ticket and DUI overtime patrols from November of 2010 through February of 2011 are $2,537.49. AHSO overtime reimbursements are deposited into the general fund. The police overtime account has a significant depletion, and I am requesting an appropriation of $2,537.49 into the general fund, police overtime account for actual AHSO related overtime costs. The actual overtime costs for the AHSO related programs for the months of November to February are as follows: DUI $1,015.94 Seatbelt $1.521.55 Total Requested Appropriation $2,537.49 The Kenai City Council approved a similar ordinance on December 15, 2010 for the months of July to October. 1992 General Fund Increase Estimated Revenues: State Grant Police ATTEST: Increase Appropriations: Police Overtime Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI ORDINANCE NO. 2541 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,118.50 IN THE GENERAL FUND POLICE DEPARTMENT FOR STATE BUREAU OF HIGHWAY PATROL GRANT FUNDS. WHEREAS, since July 1, 2009, a Kenai Police Department officer has worked on the Alaska State Troopers, Bureau of Highway Patrol (BHP) traffic team; and, WHEREAS, through Alaska Highway Safety Office funding, the State of Alaska has reimbursed the City of Kenai for the officer's salary and overtime; and, WHEREAS, actual overtime expenditures for the Kenai officer on the BHP traffic team have totaled S6,118.50 for the time period of November 1, 2010 to February 28, 2011, and those funds are paid out of the Police Overtime account; and, WHEREAS, the BHP overtime of $6,118.50 expended during this time period was not budgeted in the Police FY11 overtime budget; and, WHEREAS, the Police Department is requesting the appropriation of $6,118.50 to cover unbudgeted overtime costs of Bureau of Highway Patrol participation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: -51- Suggested by: Administration PAT PORTER, MAYOR $6,118.50 $6,118,50 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of April, 2011. Introduced: March 16, 2011 Adopted: April 6, 2011. Effective: April 6, 2011 die u f KENA ALASKA MEMO: "Village with a Past, Ci with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I Telephone: 907 283 -7535 FAX: 907 -283 -3014 f TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 3/4/11 SUBJECT: Ordinance requesting appropriation into Police Overtime Since July 1, 2009, a Kenai police officer has worked on the Alaska State Trooper, Bureau of Highway Patrol (BHP) traffic team. The State of Alaska, through Alaska Highway Safety Office grant funding, reimburses the City of Kenai for the officer's salary and overtime. The officer's overtime is paid out of the City of Kenai police overtime account, which is significantly depleted. BHP overtime reimbursements, from the State of Alaska, are deposited into the City of Kenai General Fund. Actual BHP overtime costs for the months of November through February of this budget year are $6,118.50. This amount was not included in the Police overtime budget for FY11. I am requesting an ordinance appropriating $6,118.50 to the general fund, police overtime account to cover the unbudgeted BHP overtime costs from November through February of this budget year. The Kenai City Council approved a similar ordinance on Decerriber 1, 2010 for the months of July to October. 1997 he dry. of CITY OF KENAI KENAI. ALASKA ORDINANCE NO. 2542 -2011 General Fund Increase Estimated Revenues: Police Federal Grants ATTEST: Carol L. Freas, City Clerk Approved by Finance: New Text Underlined; !DELETED TEXT BRACKETED) -53- Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA 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. WHEREAS, the Alaska State Troopers have received federal grant funds from the Office on Violence Against Women (OVW) to assist municipal police departments with the payment of the forensic portion of SART exams; and, WHEREAS, in FY1 the Kenai Police Department has been reimbursed for $3,519.20 by the State of Alaska for several SART exams; and, WHEREAS, the SART exams were originally paid out of the Police Professional Services account in FY11.; and., WHEREAS, the Police Department is requesting an appropriation of $3,519.20 to replace funds expended on the SART exams which have exceeded amounts originally budgeted by the Department. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: $3,519.20 Increase Appropriations: Police Professional Services $3,519.20 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April 2011. PAT PORTER, MAYOR Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: April 6, 2011 the of KENAI, ALASKA MEMO: "I/il�ay with a Past, Dit with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 3/7/11 SUBJECT: Request ordinance appropriating reimbursement funds from the State of Alaska for sexual assault examinations The Alaska State Troopers have acquired federal grant funds to assist municipal police departments with the payment of the forensic portion of Sexual Assault (SART) exams. The grant funding requires that police departments make payment for the SART exams directly to the provider (CPH) and then AST will reimburse the agency. During FY11, the State of Alaska has reimbursed the City of Kenai for several SART exams totaling $3,519.20. These reimbursements have been deposited into the City of Kenai General Fund. The Police Professional Services account has $2,426,62 remaining. The Police Department still needs to pay for pre employment medical, psychological, and drug screen examinations for two potential new hires. Those examinations will cost approximately $3,000 total and will be paid for out of Police Professional Services. It is inevitable that without an appropriation the Professional Services account will be depleted to a negative dollar amount. SART exams, investigative impounds, and pre- employment screenings are all paid out of this account. I am requesting an ordinance to appropriate $3,519.20 to the General Fund, Police Professional Services Account for FY11 SART exam reimbursements from the State of Alaska. 1992 KENAI, ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, conceptual design work is near completion and the project will be in need of additional funding to continue to the detailed engineering and design phase; and, WHEREAS, City of Kenai Resolution No. 2011 -25 authorized the transfer of $30,000 from the General Fund to the Municipal Park Playground Expansion Capital Project Fund to commence detailed engineering and design work for the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Municipal Park Playground Expansion Capital Project Fund Increase Estimated Revenues: Transfer from General Fund Increase Appropriations: Professional Services PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of April 2011. ATTEST: Carol L. Freas, City Clerk j Approved by Finance: ORDINANCE NO. 2543 -2011 CITY OF KENAI -55- Suggested by: Administration PAT PORTER, MAYOR $30,000 $30,000 Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: April 6, 2011 ayuf KEKWI ALASKA AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $60,000 IN THE CEMETERY IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, needed improvements at the City Cemetery include replacement or installation of burial plot corners, redesigning of burial plot layouts, coordination of surface and subsurface survey data, and site preparation and foundation construction for a columbarium; and, WHEREAS, City of Kenai Resolution No. 2011 -25 authorized the transfer of $60,000 from the General Fund to the Cemetery Improvement Capital Project Fund for these needed improvements; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Municipal Park Expansion Capital Project Fund Increase Estimated Revenues: Transfer from General Fund PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, this sixth day of April, 2011. ATTEST: Increase Appropriations: Professional Services Carol L. Freas, City Cle Approved by Finance: CITY OF KENAI ORDINANCE NO. 2544 -2011 -56- Suggested by: Administration PAT PORTER, MAYOR 60,000 $60,000 Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: April 6, 2011 the cay KENAI, ALASKA \v im Suggested by: Planning Zoning Commission CITY OF KENAI ORDINANCE NO. 2545 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 1424, "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 14.20.180; 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 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 Test Underlined [DELETED TEXT BRACKETED] -57- ZONING DISTRICTS USES C/R R RR1 RS RS1 RS 2 RU /TS H IL /IH /CC /CG /CM U R ED LC MINIMUM LOT WIDTH (feet) 90 1 90 60 60 60 60 See individual sections of Code for requirements 90 90 90 MINIMUM LOT SIZE (feet) 25 25 ci Front Setback' 25 25 25 25 25 10 25 Side 15 15 15 5 10 15 5 10 15 5 10 15 5 10 15 if; If) 10 15 10 15 10 15 15 15 15 15 15 15 Setback One- Story Daylight Basement/ Split Levels Two- Stary Rear Setback 20 20 20 20 20 10 10 20 20 20 Maximum Lot Coverage 30% 30% 30 °,o 30% 30 °/0 40% 30% 30 /o 30 0 n 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 Code and the Development Requirements Table to provide for the setback exception for 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 Code of Ordinances is hereby amended as follows: Section 1. Fonn. 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 E derlined' [DELETED TEXT BPACKETEDI -58- ZONING DISTRICTS USES C/R R RR1 RS RSI RS RU /TS IL /IH /CC /CG /CM 2 IS i U R ED LC 'Maximum Height (feet) 35 35 35 35 35 35 Footnotes: (1) Provided that the minimum front setback is measured from any right -of -way or access easement. (2) Side setbacks are deteiuiined independently from the front view of the structure. Plot plan/as -built 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 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 Underlined; [DELETED TEXT BRACKETED) -59- Ordinance No. 2545 -2011 Page 4 of 4 14.24.030 Addendum to development requirements tables. [A. [ADDITIONAL REQUIREMENTS. 1. MINIMUM YARDS.] (al 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 (5,000') 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]. f 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 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] -60- PAT PORTER, MAYOR Introduced: March 16, 2011 Adopted: April 6, 2011 Effective: May 6, 2011 MEMO: 11 14'llaye with a Past, Gc with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 TO: Rick Koch, City Manager 3' FROM: Marilyn Kebschull, Planning Administration DATE: March 10, 2011 SUBJECT: PZ11 -06 Proposed Amendment KMC 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 9 and unanimously recommended Council amend the Land Use Table to provide for the exception. KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. P211 -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 development standards of each Code can differ; and, WHEREAS, under the City's fire and building codes, a building can be placed on tl:e 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; anti, 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 TEXT BRACKETED] -62- ZONING DISTRICTS USES C /RR RR1 RS RS1 RS2 RU /TSH IL /IH /CC /CG /CMU R ED LC MINIMUM LOT WIDTH (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 2 5 25 Side Setback 15 15 1.5 5 10 15 5 10 15 5 10 15 5 10 15 5 5 5 10 10 10 15 15 15 15 15 15 15 15 15 One-Story Daylight Basement/ Split Levels Two- Story Rear Setback 20 20 20 20 20 10 10 20 20 20 Maximum Lot Coverage 30% 30% 30% 30% 30% 40% 30% 30% 30% aximum eight (feet) 35 35 35 35 35 1 35 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 1. 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 Code, Section 14.24.020, General Requirements, is hereby amended to read as follows: Table 14.24.020 DEVELOPMENT RE OTTTREA S F New Text Underlined' [DELETED TE_KT' BRACKETED) -63- ZONING DISTRICTS USES C /RR RR1 RS RS1 RS2 RU /TSH IL /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 be 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 KMC 14.24.030. 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 Undestined' (DELETED TEXT .BRACKETED; -64- 14.24.030 Addendum to development requirements tables. (A. (ADDITIONAL REQUIREMENTS. 1. MINIMUM YARDS.] (al Yards for Comer Lots. The minimum side yard on the street side, or platted right -of -way, or govemment easement, of a corner lot shall he 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]. (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 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. Dated at Kenai, Alaska this A day o Al PEST: -65- 2011. New Text Underlined' (DELETED TEXT BRACKETED] ME o TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager DATE: March 9, 2011 SUBJECT: Assignment of Right of Way Permit ADL 26738 Attachments cc: Charles A. Underwood, Jr., Marathon Oil Company "Village with a Past, Gity with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us -66- 111117 1992 Marathon Oil Company has requested that the City assign the attached Right -of -Way Perm: for a pipeline to convey petroleum products across the Kenai River. The assignment is to Kenai Nikiski Pipeline, LLC (KNPL), a subsidiary of Marathon Oil Company, The Permit was originally entered into between the State of Alaska, Department of Natural Resources and Union Oil Company in 1965. When the City took title to the subject lands, the City assumed the role of Grantor under the terms and conditions which the State entered into the Right -of -Way Permit. Pipeline operations were assumed by Marathon Oil Company (Marathon) from Union Oil Company, effective December 1, 1994. In 2009, Marathon initiated the assignment process from Marathon to KNPL as a result of the change in operating status from a "gathering" pipeline system to a regulated pipeline operation. This assignment is being processed in anticipation of a rate hearing on KNPL scheduled before the Regulatory Commission of Alaska on March 29. While processing the request for assignment, the City identified additional segments of the existing pipeline, shown on the attached map, which are located on City -owned lands and are not subject to this Permit and which do not fall under any other easement or rights -of -way. The City has requested that KNPL submit an easement application for these segments. The Permit states the permittee shall not sublet or assign the right -of -way granted by the Permit without written consent of the grantor. The City Attorney has drafted the attached Assignment of Right -of -Way Permit to cover only that portion of the pipeline referenced in the 1965 Permit. If Council approves the Assignment, it can be executed by the parties. Form No, DL 72 THIS AGREEMENT mode and 19 65 by and between the S'rATE of Natural Resources, Division of Union Q;1 Company of California mittee, i. Ker'.i Becothts Dist, -tot STATE DR ALASKA DEPARTMENT OP NATURAL RESOURCES DIVISION OF LANDS RIOtri' -OF -WAY PERMIT' r.unnino T t t 1ee1 Yr?3r�1a sud /or containing r shall extend a width of 75 feet on either side o so long TO HAVE AND TO HOLD the same for 7}YC(t stated. XX7:'NXXXXXXXXXXh X:X $101;91 c and subject co cond set forth herein, for which the permittee agrees to .um of Not applicable dollars, as follows: -67- ADL No 26738 entered into this 25th day of May OF ALASKA, acting by and through the Department Lands, hereinafter referred to a.a the grantor and hereinafter referred to as the per- WIrNESSETH, that in accordance with the provisions of Chapter 169, SLA 1959, and the rules and regulations promulgated thereunder, the permittee having filed an application For a right -of -way for: A pipeline to convey petroleum products across the Kenai River. with the Division of Lands together- with a map showing the definite location there- on of the line of right -of -way which the permittee has adopted and agrees to be the specific and definite location of the aforesaid right -of -way, and WHEREAS, it is understood and agreed by the permittee herein that, an a condition to the granting of the right -of -way applied for the land covered by said right -of -way shall be used for no purpose other than the location, construction, operation and maintenance of the said right way over and across the following described State lands, to wit: Below the line of mean high tide of the Kenai. River and more properly described as shown on IVES #592 attaches hereto ana made a part hereof. k scree, more or less and f the center line of said location. as used for the purposes herein XY<d xiir EY`f- r' a4KeXX XYlr itions and reservations elaew,there pay to the State of Alaska the said amount to be due and payable The Sum of )dollars, the receipt of which is hereby acknowledged and dollars on This right -of -way is granted upon the following teams and tonditione, co The permittee shall pay rentals in advance for each year, Any failure to make such payment shall constitute a default and should the default continue for 60 days, the grantor may, upon written oaten, terminate or revoke this permit, After n f:;-:)tu 1.;.ecordh3g tfttrIVA„ default hats occurred no stxucture, building or other equipment may be removed from the right-of-may the written permismion. of the grantor, At any time not less than five yeare pfter awroval of thie permit or after the last ppportunity for revision of fofos per year hereunder, L grantor may review such rates and impos e at annual rapes cm he may deem reasonable and proper, The sketch map revealing the right-of-way granted herein. shall be attached hereto and made a part heracf, In the event char the right-of-liay hare ranted shall im any manner czhflict or overlap a prpizpisly ip:aftried iiiit-of-way the permitiee herein shall USG this right-of-way in ouch e maneer n6 not ro interfere with the peaceful USe and entoyment of the provicusly issued right-of-way and no improvements shalt be. conzfructed by the perwit.tee herein upou the overlapping araa unless the consent therefor has fir t bean obtained EfOgl rise permittce uadar the pre-existing right- of-way, The permittee in the etercise of the rights and privillegee granted by thie ind6Zute. shall comply with all regulations now ih effect or as hereafter established. by the Division of Lando and all other Paderal, State or municipal laws, regulatibna or ordinances applicable to the area herein granted, Upon abandonment, t,ermjnation, revocatiod or cancellation of thla inden- ture, except for failure to pay rentai, the permittet shall within 90 days remove all acructures• and improvements from the area herein granted, except thoez owned by the gra:Icor, and !than reotoDe the arca to the. fl.111C: or.nimilar conZition. as the name wae upon the iazuzuze of thig permit, Should the pettlittee fail or refuse to remove, said strutLures or Lmpro withia the time allottei, they shall revert to and become the property of the grantor. However, the permitDee shall not be reaieved of the LC80 of the. removal of Cite Dtructues, improvmehts andior the cost of restor- ing the area, Provided further, i that the grantor, in his discr may alter or modify the requirements contained in ciia provision. if it is to the heat interest of Alaska to do 80. The pennittee shall. utilize the land's herein granted consistent with tha purpeees of th• proposed use, as revealed by the application therefor, and shall maintain the premitiza in. .9. neat and orderly manner and shall adopt an.ci apply such safety measures es shall be necez:Dary, proper Sand prudent with respect to ch@ UGC to which the land is subjazted, The permittee shall take all reaoonable precaution to prevent and suppress brush and forest fires, No material shall be disposed of by burning Le open fire during the closed season unless a permit therefarhas first been obzeined fres: the agency empowered by law to issue permitz, Prior to any coDstructi development tint will use, divert, ob5truct pollute tit utilize any of the waters SState, the permittee shall first obtain approval therefor from ihe Commienioner of the Department of Fish and Came and Efla en image copy thereof with the grantor, -68- Any lands included in this, permit cahi.eh are cold under a con to purchase shall be subject to this permit and rental shall be. collected thereon by the grantor until such time as the purchaser shall have. completed his contract and secured title to' the land, Upon lorouanee of title to the purchaoer Chia permit shall remain in effect until itn date of expiration. In case the necessity for the right -of -way shall no longer exist, or the permittee Should. abandon or fain to use the Lame, then this permit shall be revoked or terminated, The State of Alaska shall be. forever •wIrolly absolved from any liability for damages which might result to the permitter heroin on account of this permit having been cancelled, forfeited, or terminated prior to the expiration of the full time for which it was Issued. The perndttec shall not sublet or assign the right -of -way heroin g rnn�ed, or this permit without the written consent of the grantor, NOV THEREFOR, in accordance ytich the provisions of Chapter 169, SLA 1959, and the rules and regulations promulgated thereunder end in accordance wick the conditions heretofore set forth or attached hereto 9nd made a part hereof th permittee herein is hereby authorized to locate, construct, operate and maintain said right -of -way over and across the lands herein described, IN WITNESS WHEREON, the said grantor has caused thee° presents to be signed in duplicate and the permittee herein ham hereunto affixed his signature on the day and year first above written, UNITED. STATES 01+' Ali TCl. State of Alaska an. s errCal Sri;.?- rrcltrrli l.,' .LAS K.1 OF NATURAL RESOURCES Director, Division of Lands Union Oil.. Compan, 2 8 �a15. Stre A ask This is to certify that on the day of 21 j ji 19 before me, tha undereibued Notary Public personally nppJar 2 "7411 X/; r P 2? known to me and known by me to be the Director of the Division of Lando of the Department of Natural Resources, and acknowledged to me chat he executed the "fore- going instrument for and on behalf of Gold State, freely and volut,tnrily aril for the use and purposes therein sat Furth. -69- IW TESTIMGO.f t'1:'if. -FCOF, 1 have officiri Se.a L, tale day and yea in thi.. STATE OF ALASKA a r: DED FILE) M1.i RFr DST. CA" a UNITED STATES OF A RIC ere unto set cry hand and affixed aiy t above written. ce Ch hday 26 15 65 before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared R9nhttL..Il., Tvnn known to me to be the person whose name is subscribed to the within Instrument, as the Attorney -in -Fact of 'JUICY OIL COMPANY OF CALIFORNIA and acknowledged to me that he subscribed the name of UNION OIL CG iPA:NY OF CALIFORNIA thereto as principal and his own, name as Attorney -in -Fact. Witness my hand. and official seal. ASSI.GNMLN't OF RIG UT OF WAY BY —70— Notary Public '.r. and for the State of Alaska Hy Commission expires July 9, 196F Date: 19 The aoolicat ion of ermission to assi right -of -way and the application the assumption of said right -of -way, having been duly considered this day of 19 and without waiver. of State rights which may exist against the right of-way assigned, and with this consent not to he construed as initiating any new rights in assignee of right -of -way, consent is hereby given for che assignment applied for and it is hereby ordered that the said right -of -way 1/ and all rights thereunder be and are hereby transferred to che said SPATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES Dire.ctar, Division of Lands ASSIGN ENT OF RIGHT -OF -WAY PERMIT (ADL No. 26738) Marathon Oil Company, Assignor, whose mailing address is 5555 San Felipe Street, Houston, Texas 77056, hereby assigns to Kenai Nikiski Pipeline LLC, Assignee, whose mailing address is 43280 Kenai Spur Highway, Kenai, AK 99611, all of Marathon Oil Company's right, title, and interest in and to that certain Right -Of -Way Permit designated as ADL No. 26738, and recorded in the Kenai Recording District at Book 17, Pages 254 -257, subject to all conditions and terms contained in that Right -Of- Way Permit. The Right-Of-Way Permit is for a pipeline to convey petroleum products across the Kenai River and covers a premises located within Township 5, Range 11 West, Seward Meridian, State of Alaska, and as depicted on the river crossing shown on Exhibit A attached hereto. Assignee hereby expressly assumes the obligation to pay any and all prior or delinquent taxes, liens of any nature, penalties, interest, and /or any other obligations charged against the interest described above and, further, Assignee expressly agrees to fulfill all the terms, conditions, and covenants of the Right -Of -Way Permit designated as ADL No. 26738 as of the date of this Assignment. Assignment of Right -Of -Way Permit Page 1 of 4 L: \Land \KNLPAssignRO W 03081 1. -71- STATE OF TEXAS ss HARRIS COUNTY of the corporation. Assignment of Right-Of-Way Permit L: \Land \KNLPAssi_nROW 0305 l 1 PERMITEE /ASSIGNOR MARATHON OIL COMPAN By: Its: ASSIGNEE KENAI NIKISKI PIPELINE LLC: By: Its: THIS IS TO CERTIFY that on this day of March, 2011, the foregoing instrument was acicnowledged before me by of Marathon Oil Company, an Ohio corporation, on behalf Notary Public for Alaska My Commission Expires: -72- Page 2 of 4 STATE OF TEXAS HARRIS COUNTY ss THIS IS TO CERTIFY that on this day of March, 2011, the foregoing instrument was acknowledged before me by of Kenai Nikiski Pipeline LLC, an Delaware limited liability company (registered as a foreign limited liability company in Alaska), on behalf of the company. Notary Public for Alaska My Commission Expires: CONSENT TO ASSIGNMENT The City of Kenai hereby consents to the assignment of Right -Of -Way Permit designated as ADL No. 26738 from Marathon Oil Company to Kenai Nikiski Pipeline LLC. The City of Kenai's consent to assignment shall not be deemed to change the scope or extent of any rights or obligations under that Permit nor shall it be deemed to be consent to any further or subsequent assignment. This Consent is given without waiving any right or action, or releasing the Assignor from any liability or responsibility under the above referenced Right -Of -Way Permit. CITY OF KENAI By: Rick R. Koch City Manager Assignment of Right -Of -Way Permit Page 3 of 4 L: \Land \KN LPAssignRO WO3081 1 -73- STATE OF ALASKA ss THIRD ,JUDICIAL DISTRICT The foregoing instrument was aclutowledged before me this day of March, 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Approved as to form: ICrista S. Stearns City Attorney Return to: City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Notary Public. for Alaska My Commission Expires: Assignment of Right -Of -Way Permit Page 4 of 4 L: \Land \KN LPAssignRO W03081 1 -74- LINE TABLE LINE LENGTH 1 BEARING t60.76 N 66•55•21Y E L2 67.14 N 3C2q'SC E L3 7&4E S 76'4%30' E 14 7701 S ]6 t LS 16.93 N 665520' E 1.6 3: W N 66 E KNPL PIPELINE R. 0. W. giogggig AREA 192,959 Sq Ft 4.43 Ac. 4 EXHIBIT A Page 1 OF 1 PARCEL 04910014 -75- e ,ry 4f /ly A/ a N Q 4 1 [o PARCEL AT6592 SEC.17 T R11 W Kc PT A l 11 q i .Q S•t p t o i rs�re 0 Ts 'M. scarf 928 S cLANE',� .0* d4 �eq 20EC10 `g Otra Aan.% w' SCALE 200 400 FEET R.O.W. M- EXHIBIT (k ENOINEEPoNO• TM SURVE8NG•M/PPWO P0. O X430 SOLWCTNA./3<.tr V010E(46lY20.9d19 FPX:1607)30}3321:8 utaw.MOLAME=DOA MARATHON OIL COMPANY PROJECT: 103117 SCALE: 1" =100' DRAWN DATE: t2L2/10 SHER 2 OF CHECKED: APPRVO: KNPL PIPELINE R.O.W SECTION 9,16, &17 TSN, R11W, S.M., AK DRAWING NuMEER: 103117 RE v.p: Assignment of Right of Way Permit ADL 26738 Marathon°ipelines KENAl ALASKA MEMO: Tillage with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us Q TO: Rick Koch, City Manager HERON: Christine Cunningham, Assistant to the City Manager DATE: March 9, 2011 SUBJECT: Assignment of Lease Ocean Beauty Seafoods, LLC Tract C, Kenai Tidelands No. 2 cc: Ocean Beauty Seafoods, LLC Attachments -77- 1992 Ocean Beauty Seafoods, LLC has requested an assignment of its lease for the above referenced property to Pacific Star Seafoods, Inc. Ocean Beauty Seafoods, LLC has sold all of its interest on the Kenai and Kasilof rivers to Pacific Star Seafoods, Inc. Both parties are in compliance with the City and the Kenai Peninsula Borough. The lease states the lessee must have the City's written consent, which will not be unreasonably denied, prior to assigning, in whole or in part, its rights as Lessee. Pursuant to KMC 11.10.010(a),(3), the Harbor Commission reviewed the assignment at its March 7 Meeting and recommended approval. The City Attorney has reviewed the attached documents and has no objection to the form. If Council approves the assignment, the Assignment of Lease and Consent to Assignment can be executed. the u' RENAL "Ali ALASKA MEMO: "�illa�g with a Past, a with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 FAX: 907- 283 -3014 TO; Christine Cunningham, Assistant to the City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: March 2, 2011 SUBJECT: Assignment of Lease Ocean Beauty Seafoods, Inc Tract C, Kenai Tidelands No. 2 The memo dated February 24, 2011 regarding the proposed assignment of Ocean Beauty Seafoods, LLC lease to Pacific Star Seafoods, Inc. was included in the March 7, 2011 Harbor Commission Agenda. The Commission took action and recommended by unanimous consent a motion to the city council to recommend approving the assignment of Ocean Beauty Seafoods, Inc lease to Pacific Star Seafoods, Inc. for Tract C, Kenai Tidelands No. 2. ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT Ocean Beauty Seafoods, LLC, whose address is 1100 West Ewing Street, Seattle, WA 98110, Lessee under that certain Lease of Tidelands dated June 20, 1990, by and between the City of Kenai (Lessor) and Larry Powers and later assigned to Ocean Beauty Seafoods, LLC as Lessee covering the following- described premises located in the City of Kenai, Third Judicial District: Tract C, Kenai Tidelands Survey No. 2, a portion of Alaska Tidelands Survey 272 containing 2.906 acres (the Lease), hereby assigns all of its right, title, and interest in the Lease to Pacific Star Seafoods, Inc., whose address is P.O. Box 190, Kenai, AK 99611, subject to all the conditions and terms contained in the Lease. Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee by the Lease and to pay all outstanding liabilities and obligations which may be due and owing, or may have been due and owing, prior to the effective date of this Assignment and Assumption of Lease. LESSEE /ASSIGNOR OCEAN BEAUTY SEAFOODS, LLC: By: Its: President Ocean Beauty Holdings, Inc., Member Assignment and Assumption of Lease Agreement Page 1 of 3 L:Land /AssgnLsePacStar030911 -79- STATE OF ALASKA THIRD JUDICIAL DISTRICT ASSIGNEE PACIFIC STAR SEAFOODS, INC.: By: Its: ss THIS IS TO CERTIFY that on this day of March, 2011, the foregoing instrument was acknowledged before me by Ocean Beauty Holdings, Inc., Member of Ocean Beauty Seafoods, LLC, an Alaska limited liability company, on behalf of the company. STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of March, 2011, the foregoing instrument was acicnowiedged before me by of Pacific Star Seafoods, Inc. an Alaska corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: Notary Public for Alaska My Commission Expires: Assignment and Assumption of Lease Agreement Page 2 of 3 L:Land /AssgnLsePacStar030911 -80- The City of Kenai hereby consents to the assignment of the above referenced Lease of Tidelands from Ocean Beauty Seafoods, LLC to Pacific Star Seafoods, Inc. Lessor's consent to assignment shall not be deemed to he a consent to any further or subsequent sublease or assignment. This Consent is given without waiving any right or action, or releasing the Assignor from any liability or responsibility under the above referenced Lease. STATE OF ALASKA ss THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of March, 2011, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Approved as to form: sta S. Stearns City Attorney Return to: City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 CONSENT TO ASSIGNEMNT CITY OF KENAI By: Rick R. Koch City Manager Notary Public for Alaska My Commission Expires: Assignment and Assumption of Lease Agreement Page 3 of 3 L:Land /AssgnLsePacStar030911 -81- Ocean Beauty Seafoods Assignment of Lease KPB Parcel No. 04901404 ATS a2 GOVT LOTS. I Subject Property TR.E h 4 TR. -82- TR.A GOV'T. LOTS uaEImED i TO: FROM: DATE: Mayor and Council Members Carol L. Freas, City Clerk March 9, 2011 "Village with a Past, Gcy with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.as MEMORANDUM RE: SKYVIEW MOCK TRIAL TEAM /STATE CHAMPIONS REQUEST FOR SUPPORT TO ATTEND NATIONAL MOCK TRIAL COMPETITION. At the March 2, 2011. Council Meeting, a presentation was made by members of the Skyview Mock Trial Team, During the presentation, the team members reported, as the State Champion Mock Trial Team, they would be representing the State of Alaska at the National. Mock Trial Competition in Phoenix, Arizona. The team members also stated they were raising funds to cover travel costs to the competition and requested Council's consideration in making a donation to that effort. The Legislative budget has a balance of $12,250 in its Grants to Agencies account. Of the budgeted grants identified, only one remains unpaid (51,000 which will be encumbered at the end of the fiscal year) leaving an unencumbered balance of $11,250. clf -83- To Whom It May Concern: IEW HIGH SCHOOL 46188 Sterling Highway Soldotna, AK 99669 Phone: (907) 260 -2300 Fax (907) 262 -6555 www.edline.net /pages /Skyview High Home of the Panthers Kenai Peninsula Borough School District www.kpbsd k12.ak.us Skyview Nigh School Mock Trial Team Support for National Competition, May 2011 The Skyview High School Mock Trial Team is requesting the support from our professional communize. As you are aware, funding for all levels of student activities is continually being cut. However, no area has been harder hit than that of extracurricular academic programs. The Skyview Mock Trial students have worked diligently over the past years and annually have raised funding, and competed in Anchorage against all other Alaska high schools in presenting a legal case and arguments before judges, attorneys and sometimes members of the Alaska State Supreme Court. On December 4, 2010 our Skyview Mock Trial team was honored by being awarded first place in the statewide competition; and our students now have the honor and privilege of representing the State of Alaska at the 2011 National High School Mock Trial Championship May 4 -8, 2011 in Phoenix, Arizona. Although it is a great privilege to represent our Alaska youth in an academic national environment it als carries with it a substantial financial obligation. The team, consisting of only eight students, are working on a number offundraiser projects together with stag school administration and parents; hut the reality is that adequate funding to attend a National competition is significant The team and two coach/chaperones plan to travel to the competition. This involves round trip air travel, ground transportation, re gistration fees, hotels and meals for these ten individuals for seven days, with a total cost of approximately $1 5,000. Although some funding has been obtained, much more must he raised to be able to give our student the privilege of a national competition, and the opportunity to represent the State of Alaska. We ask for your consideration of financial sponsorship of this academic teams' goal to represent Alaska in the national competition; or in -kind donations such as reduced or donated travel or donations for hotel accommodations. As the professionals and business community, you have a special appreciation for the significance of this type of academic extracurricular program and we appreciate all that you do for the young people in our community. We appreciate your consideration of this request and hope you will be able to contribute to Alaska's State Mock Trial Team. Should you have any questions, please contact Ms. Linda Raemaeker at Skyview High School at 262 -2300 ext 2338, or email LRaemaekerra,KPBSD.k12.ak.us. Re spectf ull y, Linda Raemaeker National Honor Society Advisor /Teacher /Mock Trial Coach Mr. Randy Neill Principal RNel1B@KPBSD.k12.ak.us Mr. Curt Schmidt Assistant Principal CSchmidtKPBSD.K12.ak.us Mr. Eric Pomerleau Athletic DirsYga EPomerieau©KPBSD.k12.ak.us IEW HIGH SCHOOL 46188 Sterling Highway Soldotna, AK 99669 Phone: (907) 260 -2300 Fax (907) 262-6555 www.edlinenet /oases /Skvview High Home of the Panthers SK IEW MOCK TRIAL TEAM NATIONAL CHAMPIONSHIP COMPETITION Phoenix, Arizona May 1 -8, 2011 ESTIMATE© BUDGET Note: Budget based on team (8 students) and 2 chaperones travel to competition Air Travel: $700 /ea x 10 Hotel: $150 /ea x 4 rooms x 6 nights Meals: $50 /day x 10 people x 6 days Ground transportation: $50 /day x 3 days Ground Transportation (Kenai /Anchorage) Uniforms (suits): $500 Total Fundraising: Raffle goal to raise $2,500 thru ticket sales Potential Donations: Alaska Bar Association Soldotna Rotary Kenai River Rotary Soldotna Chamber of Commerce Kenai Chamber of Commerce City of Soldotna City of Kenai Mr. Randy Neill Mr. Curt Schmidt Principal Assistant Prindpal -85- $7,000 $3,600 $3,000 $150 $750 $500 $15,000 RNeiIUUKP$SD. k12. ak. us CSchm idtnKPBSD. k12. ak.us Kenai Peninsula Borough School District www.kpbsd.kl 2.ak.us M 1<M "Village with a Past, Git with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 tretg Telephone: 907 283 -7535 FAX: 907 283 -3014 IIiI f l 1993 o: TO: Mayor Porter and City Councilors CC: Rick Koch, City Manager; Marilyn Kehschull, City Planner FROM: Krista S. Stearns, City Attorney DATE: March 10, 2011 SUBJECT: Beekeeping Ordinance Update, Ordinance No. 2537 -2011 This is to update the Council regarding the Ordinance No. 2537 -2011 and to obtain further guidance from the Council to facilitate its further consideration of the ordinance. At the February 16, 2011 City Council meeting, the Council referred draft Ordinance No. 2537 -2011 to the Planning Zoning Commission (Commission) for further review. The Commission took up the matter at a work session and regular meeting on March 9. It recommends changes be made to the proposed ordinance, Those changes are identified on the attached memorandum from the City Planner to me. Based upon the motion to refer the matter to the Commission, Ordinance No. 2537 -2011 should be returned to on the City Council Agenda at the April 6 meeting. In discussion the motion to refer the matter to the Commission, the Council suggested that when the matter again cane before the Council, the Council would conduct a second public hearing. Please confirm that this is the Council's intent. Holding a second public hearing is not always required under Robert's Rules of Order after referral to committee or after amendment. This decision affects how the matter is included on the Agenda. Also, would the Council like to see a substitute ordinance including some or all of the Commission's recommendations? In making this request, I am looking for general direction from the Council to help guide the Council's further consideration of this ordinance. I do not expect, nor would it be procedurally appropriate, for any Council Member to commit to a position on any specific language or idea. That should be reserved for consideration of the ordinance itself. KENAII ALASKA 144 MO Tillage with a Past, C with a Fixture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 i 1 Telephone: 907 -283 -7535 FAX: 907 283 -3014 1992 TO: Krista Stearns, City Attorney FROM: Marilyn Kebschull, Planning Administration DATE: March 10, 2011 SUBJECT: Ordinance No. 2537 -2011 Beekeeping Regulation *Removed words bracketed and in all caps. *Inserted the word "shall" before have in the second sentence. -87- After hearing public testimony on February 16, 2011, City Council directed Ordinance No. 2537 -2011 be returned to the Planning Zoning Commission for further review and recommendation. Based on public testimony, there was concern about sections (g)(3), (g)( (g)( and (g)( The Planning Zoning Commission held a work session on March 9"' prior to their regular meeting and discussed the Ordinance. Ms. Souders who addressed Council with concerns was at the work session and explained her concerns with the proposed ordinance. During the regular meeting, the Commission moved to consider the ordinance and made several recommendations for amendments. The Commissions recommends Council consider the following amendments to the proposed ordinance: (g) (3) It shall be a violation for any beekeeper to keep a colony or colonies in such a manner or in such a disposition as to cause any unhealthy condition JORI [INTERFERE WITH THE NORMAL USE OR ENJOYMENT OF ANY PROPERTY IN THE VICINITY OF THE COLONY BYl to humans or animals. (4) Beekeepers shall take appropriate care according to best management practices when transporting hives of bees, Bees being transported shall have entrance screens or be secured under netting. Ordinance No. 2537-2011 Planning Zoning Commission Recommended Amendments Page 2 6 f(5) BEEKEEPERS SHALL ACQUIRE HIVES AND HIVE EQUIPMENT FROM SOURCES THAT ARE FREE FROM AMERICAN FOULBROOD AND OTHER BEE-RELATED DISEASES AND PESTS.1 *Removed section 5. (6) The term "hive" as used in this section means the single structure intended for the housing of a single bee colony. The term "colony" as used in this section means a hive and its equipment and appurtenances. including bees, comb, honey, pollen, and brood. *Inserted the word "single" before structure and before bee in the first sentence. cc: Rick Koch, City Manager -88- ITEM 1: CALL TO ORDER ROLL CALL Vice Chair Osborn called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorum was present. ITEM 2: AGENDA APPROVAL Commissioner Eldridge requested adding Dri ft Boat Pull Out as Item 5 -a under Old Business. MOTION: MEETING SUMMARY Commissioner Eldridge MOVED to approve the agenda as amended and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. KENAI HARBOR COMMISSION MEETING FEBRUARY 7, 2011 CLERK'S CONFERENCE ROOM 7:00 P.M. VICE CHAIR BILL OSBORN, PRESIDING B. Osborn, W. Nelson, V. Askin, R. Peters, B. Eldridge P. Morin, T. Thompson (excused) Public Works Director K. Lyon, Council Member B. Gabriel ITEM 3: APPROVAL OF MEETING SUMMARY January 10, 2011 MOTION: Commissioner Askin MOVED to approve the meeting summary of January 10, 2011 and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS 5 -a. Discussion Drift Boat Pull Out General discussion occurred. Consensus of the Commission was to recommend. to Council for Administration to investigate working with the Borough, Department of Natural Resources and Parks to develop a drift boat pull out, or to investigate the Cone property for the same purpose. -89- the cdy of KENAI, ALASKA MEM ffaye with a Past, Gc with a Future" O: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 1992 TO: City Council FROM: Rick Koch DATE: March 12, 2011 SUBJECT: Drift Boat Pull-Out, Discussion Item, March 16, 2011 Meeting Lay -Down Information The purpose of this correspondence is to provide information to the Council regarding a future drift boat pull -out on the lower Kenai River. Fishing the lower Kenai River (below Eagle Rock) has historically been problematic for drift boat fishing because there are no pull -outs between Eagle Rock and the City Municipal Dock (boat launch). If a drift boat wanted to fish the lower river below Eagle Rock, because the regulations prohibited use of a motor, they had to drift /row several miles to the Municipal Dock. Given the specific tide and /or winds encountered there are times it is difficult at best and impossible at worst. This problem in large part has been solved by the recent changes to regulations made at the 2011 Board of Fish Meeting. The Board established a new definition for non motorized vessels during drift boat Mondays, downstream of the Soldotna Bridge. Begich says the new regulation allows a person to fish from a vessel which has one single motor on the vessel 10hp, or less, which can only be used downstream of Cunningham Park and only after fishing from that vessel has ceased for the day. In the past, City Administration's position has been that the State Department of Natural Resources should be the agency responsible for the funding, permitting, construction and operation of any drift boat pull -out on the lower river. The cost of property acquisition, design, permitting and construction of a drift boat pull -out is probably in the 950,000 $1,500,000 range, and possibly significantly more depending on access, and the volume of parking that is required. Given the action taken by the Board of Fish, Administration recommends the City take no- action in regarding a drift boat pullout on the lower Kenai River. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. KENAI, MEMO: 11 141(a e with a Past, CI with a Future' TO: Mayor Porter and City Councilors FROM: Carol Freas, City Clerk J,) Krista S. Stearns, City At ney 14 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 -283 -3014 DATE: March 10, 2011 SUBJECT: Amendment to City Code Regarding Boards, Committees and Commissions INTRODUCTION tlLnY+Ipl 1 11 1' 1992 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': KMC 1.90 Standard Procedures for Boards, Commissions and Committees s KMC 1.57 Library Commission KMC 11.10 Harbor Commission KMC 14.05 Planning and Zoning Commission KMC 19.05 Parks and Recreation Commission KMC 21.20 Airport Commission 1 Because of the highly unique function and nature of operation of the personnel Arbitration Panel, it is not discussed herein. -90- 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 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 memorandum, be mindful that many of these items are interconnected. Por 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? How 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? s 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? Recruitment 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 depending upon the committee? Resources. Work and other resources (paper) could he saved if there was advance notice that there would he 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? -91- Commission /Committee /Board Meeting Schedule Scheduled Meeting Days January through December, Second Fourth Wednesdays Planning Zoning Commission Bi- monthly Library Commission Monthly First Tuesday of month. Council on Aging Monthly Second Thursday of month. Beautification Committee Meets January, April, May, September and October Second Tuesday of the month. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10.2011 Page 3 of 10 Overlapping and /or Obsolete Functions. Some committee functions may be unnecessarily duplicative. Some committee functions may no longer be relevant today or the duties are poorly defined. Should duties 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 subcommittees? There is no authorization for the formation or conduct of a Beautification Committee, 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 committees. The meeting 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: 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. 3 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. -92- Commission /Committee /Board cheduled Meetings Meetings Heid /Cancelled /No Quorum Planning Zoning Commission 24 20 meetings held; four meetings cancelled (holiday or no business) Library Commission 12 Nine meetings held; one cancelled; two no quorum Council on Aging 12 Eight meetings held; four meetings cancelled (no business) Beautification Committee Five Five meetings held Parks Recreation Commis on 7 Five meetings held; two meetings no quorum Harbor Commission 12 Eight meetings held; two meetings cancelled for no business; two meetings no quorum Parks Recreation Commission Meets August, October, December, February and April First Thursd. oi' month. Airport Commission Monthly Secon, Thursday o'Fmonth. Harbor Commission Monthly Firs onday after first co.neil meeting of month. Amendment to City Code /Boards, Committees and Commissions Memorandum March 10. 2011 Page 4of10 The meeting schedule for the various committees has cha constant is that meetings have been held at City Ha Councils have felt very strongly that the meeting pla consistent to enhance convenience to the public. City Hall is the best location for meetings hecaus to provide adequate, reliable recording. The Council on Aging that meets at the Senior Cen In 2010, the following meetings were held: ged over the years; but, the one nd at 7:00 p.m. Prior City and time for City committees be so, because meetings are recorded, locations are not properly set up ngle exception to this process is the SOLUTIONS /PRO.OSALS /IDEAS As identified above, there is no clear path to resolving issues identified above. We offer the following as ideas for further consideration. -93- 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 Nine meetings held; one cancelled; two no uorum Council on Aging 12 Eight meetings held; four meetings cancelled (no business) 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 quorum Parks Recreation Commission Meets August, October, December, February and A ril First Thursday of month. Airport Commission Monthly Monthly Second Thursday of month. First Monday after first council meeting of month. Harbor Commission 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 best 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 10 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 which 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 raked concerns about the ability to find and retain volunteers for City committees. By reducing the number of committee members required, fewer volunteers are needed. 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 members from which to draw that quorum. With seven members a quorum requires 57 percent attendance (4 persons). With five members, a quorum requires 60 percent attendance (3 persons). Reduction of the membership of some comm ittees 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). -94- 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" on 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 minimum, so they can be 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 because it was found to he problematic for the alternate. The system effectively required the alternate to attend all meetings, just in case. The -95- 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 committee 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. KM 1.90.050 (b) reads: (b) If the commission, committee or hoard 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 being 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 hut still not he 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 quorutn 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 be 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 -96- 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 amended 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. s 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 absent 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, duly- 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 tlae 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 their 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 done 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 clear, 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. -97- Amendment to City Code /Boards, Committees and Commissions Memorandum March 10, 2011 Page 9 of 10 Alternatively, the fact 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 terminate 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 be 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 find 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 he 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, Prior to the end of each calendar year, when vacancies naturally arise, advertise for vacancies in the newspaper. Advertisement could he 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 Planning Zoning Commission, which unique policies would reflect the 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. s As with each issue identified in this metro, do nothing differently. -98- 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 he 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. -99- 1.90.010 Chapter 1.90 expenses projected for the year for approval by the City Council, STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 L90.020 1.90.030 1.90.040 1.90.050 1.90.060 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 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 Ciry adminis- trative staff shall attend all meetings of hoards, 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 Cityorgani- zation. that directly relate to the board, com- mission or committee. (b) 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 Sapp. Na. 9 08) 34 1.90.030 Qualifications. (a) A member of a hoard, 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 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 he 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) (b) Terms. A member of a board, commission or cam- mine- shall serve for a term of three (3) years, unless the board, commission or com- mittee is specifically exempted by Council from this requirement. At renewal dat the Mayor, with consent of the Council, can re- appoint the member placement. (b) 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 far two (2) years; and two (2) members will 1.90.040 (a) -100- or recommend a re- 1.90.050 Proceedings. 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. (b) If the commission, committee or board mem- 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. 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 I.15.060 motions; KMC 1.15,100, spealcing; and 134C 1.15.110, vot- ing, (d) The responsibility of insuring that all mein- bers of boards, commissions and committees receive_a copy of the.Standard_Rrocedu_s of Boards, Commissions and Committees lies with the City Clerk. (Ords. 1610-94; 2017-2003; 2050-2004; 2140- 2006) (a) (c be appointed for three (3) years. Terms shall commence on January 1st of each year. 34-1 -101- 1.90040 1 01 1.90040 1.90.060 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. No, 93, 10-08) Sections; 1.57.010 1.57.020 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 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 Kenai Community Li- brary Board for the betterment of the Kenai Community 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) 7 1 -102- 1.57.010 (Kenai 5-21-99) 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, 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 -103- 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) (Kenai 5-21-99) Chapter 14.05 PLANNING AND ZONING COMMISSION Sections: 14.05.010 14.05.020 Fees. Duties and powers. 14.05.010 Duties and powers. (a) The Commission shall be required to perform the following dudes: (1) Review and act upon requests for vari- ance permits, conditional use permits, planned unit residential development permits, and other matters requiring con- sideration under the Kenai Zoning Code. (2) Interpret the provisions of the Kenai Zoning code and make detenninalons when requested by the Administrative Official. (3) Review the City of Kenai Comprehensive Plan 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 -104- (c) 233 14.05.010 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. The Commission shall act in an advisory ca- pacity to the Kenai Peninsula Borough Plan- ning Commission regarding the following mat- ters: (1) Subdivision Plat proposals. (2) Right-of-way and easement vacation petitions. (3) City of Kenai Comprehensive Plan amendments. (KMC 14-3; Ords. 155, 403, 1018, 1892 -2000) 1161, 1179, 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 shall pay to the City Cleric 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. (KMC 14-11; Ords. 403, 954, 1161, 1179) (Kai 4741) Chapter 19.05 PARKS AND RECREATION COMMISSION Sections: 19.05.010 Creation. 19.05.010 Duties and powers. 19.05.030 Terms and appointments to vacancies. 19.05.040 Qualifications of Commission members. 19.05.050 Proceedings of Commission. 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 master plan for the physic-al 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 -105- 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 Qualifcations of Commission members. (Ords. 416, 619, repealed 1161) 19.05.050 Proceedings of Commission. (Ord. 476, repealed 1161) 21.20.010 Sections: 21.20.010 21.20.020 21.20.030 (c) (Kenai Supp. No. 92,3-08) Chapter 21.20 AIRPORT COMMISSION Duties and powers. Qualifications. Membership. 21.20.010 Duties and powers. The Commission shall: (a) Develop, adopt, atter or revise, subject to approval by the City Council, a master plan for the airport development. This may in- clude: (I) 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. 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, 2241-2007) 21.20.020 Qualifications. Members of the Airport Commission will confo„u to the requirements of the City of Kenai Boards, Commissions, and Committees Standard Procedures as established by KMC L.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 he 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 One member, with expertise in Federal Aviation Administration functions. (d) 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) (c) (e) (f) -106- Commission /Committee /Board P Meeting Schedule Scheduled Meeting Days Planning Zoning Commission Twice monthly January through December, I Second Fourth Wednesdays Library Commission Monthly First Tuesday of the month. 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 j 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 council 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 terra, 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: -107- 1. Commission, committees and boards, 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 terns, pre knowledge of lack of quorum, etc. KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK 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: S. 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. 11. Planning Zoning Commission meeting recordings shall continue to be 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 on 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 formal 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 (speaking), 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. -108- 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 d v of 31 ne, 2010. PAT PORTER, MAYOR ATTEST: Carol L. Freas, ity Clerk clf Revised 6/16/2010 -109- BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING KENAI, ALASKA The members of the Council on Aging, Kenai, Alaska, a local committee 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 I, 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 dissolved. Article I MEMBERSHIP The Council shall have a membership of nine (9) 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 in t e re s t in the areas of the problems of the elderly. The Mayor will appoint members to the Council cn Aging subject t� confirmation by the City Council. 3. There shall be a nine- member Council on Aging appointed by the Mayor of Kenai. Five (5j 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 Senior Citizen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. BY -LAWS AND RULES OF PROCEDURE FOR COUNCIL ON AGING PAGE 1 -110- 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 11 ELIGIBILITY A member of the Council shall be an adult person residing in. the Kenai Peninsula area, and 51% of which must be sixty (60) 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 Council 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- lmowledge of lack of quorurn. 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 packs' All meetings shalt bi-, open to the burs public. However, this does not automatically ensure participation +;o uv_a b .y non- meiuui..o C: th.e Council. Article IV 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 TEE 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 Coun.cil 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 teens at the annual meeting. There shall be a Chairperson and Vice Chairperson. Officers are limited to two (2) successive te, his in the same office, Article VIII TERM OF APPOINTMENT AND ATTENDANCE Members of the Council are appointed by the City of Kenai to serve three (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 +han three (31 excused absences during a twelve -month calendar year. The term of each appointed meruber of the Council shall be three (3) years. The tents shall be staggered so that three (3) members shall be appointed every third year and three (3) members shall be appointed in each of the other years of every such three- ye ar period. Article 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 3 112- 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. Article XI RULES OF DILEET /NG 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. 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, Mayor (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 4 -113- KENAI, ALASKA MEMO: TO: City Council FROM: Rick Koch DATE: March 10, 2011 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 S. Planning Zoning There is also a Committee and Council: 1. Beautification Committee 2. Council on Aging As background information I have attached the following: e with a Past, C 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 -114- 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 '9f 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) -115- 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 be 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 -116- 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 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." 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 -117- 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. -118- MEMO" NDII M TO: FROM:(,' DATE: RE: Commission and Committee Members Cary R. Graves, City Attorney August 27, 2003 Commission and Committee Powers -119- II ed CITY OF KENA 4/a 210 FIDALGO AVE., SUITE 200 KENAL, ALASKA 99611 -7794 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 uniess 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 of 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 p_rmits. 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 only 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 —K.MC 14.05.010; 2) Harbor —KMC 11.10.010; 3) Library —KMC 1.57.010; 4) 1992 Commission and Commit ^.Members August 27. 2003 Paget of 2 Parks and Recreation —ICMC 19.05.010; 5) Airport—KMC 21.25.010; 6) Beautification —KMC 1.90.020 and 7) Council on Agin; KMC 1.90.020 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 Attaciunents cc: Linda L. Snow, City Manager -120- 1.90.07 0 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 1.90.020 1.90.030 1.90.040 1.90.050 1.90.060 Chapter 1.90 Creation. Duties. Qualifications. Terms. Proceedings. Specific requirements of boards, commissions and committees. 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 he 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 comrnittee, may attend all meetings, but shall have no voting power on the hoard, 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 board, 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 (b) (Kenai Supp. No. 93, 10.08) 34 1.90.030 Qualifications. (a) A member of a board, cotmnission 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 he 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 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 (1) member who does not reside in the City but works 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 term 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 terms of the initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one (I) year; two (2) members will be appointed for two (2) years; and two (2) members will (b) -121- expenses projected for the year for approval by the City Council. 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: 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 (1) 165 -122- 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) (Kenn 5-21-99) 21.20.010 Sections 21.20.010 21.20.020 21.20.030 (a) (Kenai Supp. No. 92, 3-08) Chapter 21.20 AIRPORT COMMISSION Duties and powers. Qualifications. Mem bership. 21.20.010 Duties and powers. The Commission shall: Develop, adopt, 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 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, 2241-2007) 21.20.020 Qualifications< Members of the Airport Commission will conform to the requirements 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 -123- (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: 1.5 137.020 Chapter 11.51 II DS12 ,.IkV COMM SS1ONN1 Duties and powers, library regulations. ;i.57.010 Duties and powers. The Commission shall be required 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 iV4ana.ger 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; (f) Shall act in an advisory capacity in the selection of the Library Director. (Ords. 852, 1161, 1802-98, 2184- 2006) 1.57.020 Lihrary regulations. The Library Regulations shall be as listed under the regulations section in the Kenai Code, Supplement No. 18, 'adopted on September 20, 1982, and all future updates. (Ords. 852, 1161, 1802 98,2184 -2006) 21 -124- 1.57.010 (Kenai Supp. No. 89, 12 -06) PLANNING AND ZONING COMMISSION Sections: 14.05.010 14.05.020 Fees. (3) 14.05.020 Duties and powers. (a) The Commission shall be required to per- form the following duties: (1) Review and act upon request for vari- ance permits, conditional use permits, planned unit residential development permits, and other matters requiring consideration under 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 dull 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 KMC 14.20.105. (b) The Commission shall act in an advisory capacity to the Kenai City Council regarding the following matters: Kenai Zoning Code and Official City of Kenai Zoning Map amendments. (2) City and airport land lease or sale peti- tions. (5) (1) Chapter 14.05 Duties and powers. 233 -125- 14.05.010 (3) Capital Improvements 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 be constructed during the forthcoming three -year pe- riod. Such list shall be arranged in or- der of preference, with recommenda- tions 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. City of K.enai Comprehensive Plan. amendments. (d) Members of the Planning and Zoning Com- mission shall be compensated at the rate of one hundred dollars (8100.00) 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 ,permits, the person pre senting the application shall 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 (8100.00) shall, accompany an application for amendment to the Kenai Zoning Code. or Offi- cial Map. Whether an application is granted or denied by the Commission, the petitioner or ap- plicant shall not be entitled to the return of the fee paid. (KMC 14-11; Ords. 403, 954, 1161, 1179) (K.enai Sup!). No 93, 10-08) PARKS rs CREATION CC) SKON Chapter 19.O5 Sections: 19.05.010 Creation. 19.05.010 Duties and p:, avers, 19.05,03© Terms and appointments to vacancies. 19.05.0 d0 Qualifications cations of COMMIS' SOD members. 19.05.050 Proceedings of Commission. 19.05,010 Creation. (Ord. 4l 6, 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 master plan for the physical development of recreation facilities for the City. Such master plan with accompany- ing reaps, 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- corning 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 -126- (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 Terasas and apnnd vacancies, (Ords. 416, 430, repealed 1161) trots ¢o 19.O5.040 Qualifications of Commission members, (Ords. 416, 619, repealed 1161) 19.05.050 Proceedings missiona. (Ord. 416, repealed 1161) 19.05.010 ITEM 7: REPORTS KENAI HARBOR COMMISSION MEETING MARCH 7, 2011 CITY HALL COUNCIL CHAMBERS 7:00 P.M. -127- AGENDA ITEM 1• CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY February 7, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6• NEW BUSINESS a. Discussion /Recommendation Assignment of Lease Ocean Beauty Seafoods, Inc. a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION PENDING APPROVAL a. April 11, 2011 (Identify if you are requesting an excused absence.) ITEM 9: COMMISSIONER COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION a. Kenai City Council Action Agendas of February 2 and 16, 2011. ITEM 12: ADJOURNMENT MEETING SUMMARY ITEM 1: CALL TO ORDER 86 ROLL CALL Vice Chair Osborn called the meeting to order at approximately 7:00 p.m. Rol confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: MOTION: ITEM 4: ITEM 5: ITEM 6• 6 -a. KENAI HARBOR COMMISSION MEETING MARCH 7, 2011 CITY HALL COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR BILL OSBORN, PRESIDING B. Osborn, W. Nelson, V. Askin, R. Peters, B. Eldridge P. Morin, T. Thompson (excused) Public Works Director K. Lyon Commissioner Eldridge MOVED to approve the agenda as presented and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY February 7, 2011 ras Commissioner Eldridge MOVED to approve the meeting summary of February 7, 2011 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. PERSONS SCHEDULED TO BE HEARD None OLD BUSINESS None NEW BUSINESS Discussion /Recommendation Assignment of Lease Ocean Beauty Seafoods, Inc. General discussion occurred.. MOTION: -128- Commissioner Eldridge MOVED to recommend approval of Ocean Beauty Seafood's request to assign their Tract C. Kenai Tidelands No. 2 lease to Pacific Star Seafoods. Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7 -a. Director Public Works Director Lyon reviewed the FY2012 budget being presented to Council on April 12, 2011 and reviewed the Capital Improvement Project list. Lyon reported Council Member Gabriel requested the Drift Boat Pall Out be added to the City Council agenda for March 16, 2011 as a discussion item. 7 -b. City Council Liaison None ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 April 11, 2011 )Identify if you are requesting an excused absence.) No commissioners requested an excused absence for the April 11, 2011 meeting. ITEM 9: COMMISSIONER COMMENTS /QUESTIONS Commission discussed the recent Board of Fisheries meetings regarding commercial, sport and personal use fisheries. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD None ITEM 11: INFORMATION 11 -a. Kenai City Council Action Agendas of February 2 and 16, 2011. ITEM 12: ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission the meeting was adjourned at approximately 7:16 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk -129- HARBOR COMMISSION MEETING MARCH 7, 2011 PAGE 2 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MARCH 1, 2011 7 :00 P.M. a. Director b. City Council Liaison ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION a. April 5, 2011 ITEM 9: COMMISSION COMMENTS /QUESTIONS ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEM 12• ADJOURNMENT -130- PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY a, February 1, 2011 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion E -Rate Application /CIPA Compliance /Filtering ITEM 6: NEW BUSINESS a. Discussion 2011 Commission Goals and Objectives ITEM 7• REPORTS a. Kenai City Council Action Agenda Items from February 2 and 16, 2011. b. 2010 Commission Goals and Objectives c. February 8, 2011 Friends of the Kenai Community Library Board Meeting Minutes. Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: ITEM 3: 3 -a. MOTION: February 1, 2011 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MARCH 1, 2011 7:00 P.M. CHAIR ROBERT PETERS, PRESIDING AGENDA ITEM 1: CALL TO ORDER ROLL CALL Chair Peters called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: K. Glidden, J. Bookey, R. Peters, K. East E. Bryson, C. Brenckle, V. Richards Library Director M. Joiner, Council Member R. Marquis Commissioner Glidden MOVED to approve the agenda as presented and Commissioner Bookey SECONDED the motion. There were no objections. SO ORDERED. APPROVAL OF MEETING SUMMARY Commissioner Glidden MOVED to approve the meeting summary of February 1, 2011 and Commissioner Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD None ITEM 5: OLD BUSINESS 5 -a. Discussion E -Rate Application /CIPA Compliance /Filtering Library Director Joiner explained what filtering was and what the library was currently doing with regard to filtering. General discussion followed. Consensus of the Commission was to continue with the current policy. ITEM 6: NEW BUSINESS -131- 6 -a. Discussion 2011 Commission Goals and Objectives Peters reviewed the 2010 Goals and Objectives and general discussion followed. Peters suggested the Commissioners reflect on the 2010 Goals and Objectives and come to the next meeting with ideas. ITEM 7: REPORTS 7 -a. Director Joiner reported on details of the upcoming move into the new addition, and noted the Library would be closed March 7 through 27, 2011. 7 -b. City Council Liaison Council Member Marquis reviewed. the action agendas of the February 2 and 16, 2011 City Council meetings which were included in the packet. He noted there would be a work session in the future related to commissions and committees absences and excused absences. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION o a. Joiner reported she would n.ot attend the April 5, 2011 Commission meeting and a discussion regarding canceling the meeting occurred. ITEM 9: COMMISSION COMMENTS /OUESTIONS Bookey No comments. Glidden Noted she was happy there was a quorum for the meeting. East Reported she was excited about the expansion. Peters Thanked everyone for their attendance. Noted that as Chair he wanted to run the meeting in an orderly fashion and requested Commissioners wait to be acknowledged by the Chair before speaking ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD ITEM 11: INFORMATION ITEM 12: MOTION: A,priI 5, 2011 11 -a. Kenai City Council Action Agenda Items from February 2 and 16, 2011. 11 -b. 2010 Commission Goals and Objectives 11 -c. February 8, 2011 Friends of the Kenai Community Library Board Meeting Minutes. ADJOURNMENT -132- LIBRARY COMMISSION MEETING MARCH 1, 2011 PAGE 2 Commissioner Bookey MOVED to adjourn and Commissioner Glidden SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:55 p.m. Meeting summary prepared and submitted by: Coren.e Hall, CMC, Deputy City Clerk -133- LIBRARY CO ISSION MEETING MARCH 1, 2011 PAGE 3 KENAI PARKS RECREATION COMMISSION SPECIAL MEETING FEBRUARY 28, 2011 COUNCIL CHAMBERS 7:00 P.M. PENDING APPROVAL AGENDA ITEM 1: CALL TO ORDER an ROLL CALL ITEM 2: AGENDA. APPROVAL ITEM 3: OLD BUSINESS a. Discussion/Recommendation Design Alternatives /Municipal Parlc Playground Expansion ITEM 4: ADJOURNMENT -134- MEETING SUMMARY ITEM 1: CALL TO ORDER ROLL CALL Chair Hull called the mecti.ng to order at approximately 7 :00 p.m. Roll was confirmed as follows: Commissioners present: A. Hull, C. Stephens, J. Beeson, K. McDonald, R. Lambourn Commissioners absent: G. Oliver, B. Gilman Staff /Council Liaison present: Parks and Recreation Director R. Frates, Mayor P. Porter A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Beeson. MOVED to approve the agenda with the addition of public comment before Discussion /Recommendation and Commissioner Stephens SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: OLD BUSINESS KENAI PARKS RECREATION COMMISSION SPECIAL MEETING FEBRUARY 28, 2011 COUNCIL CHAMBERS 7:00 P.M. CHAIR AL HULL, PRESIDING 3 -a. Discussion /Recommendation Design Alternatives /Municipal. Park Playground Expansion The meeting was opened to public comment. One member of the public did not want to elaborate, but stated she was in favor of upgrading the equipment at the playground. Commission general discussion occurred. Commissioner comments included: Consider child safety within parking areas. Consider moving gate. Paint crosswalks on South Forest Drive. Suggested eliminating driving into the park by moving parking to outside the playground. Noted some public did not want to expand parking. -135- MOTION: Commissioner Lambourn MOVED to request Administration come back with an alternative design based upon discussion. Commissioner Beeson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4• MOTION: ADJOURNMENT Commissioner Lambourn MOVED to adjourn and Commissioner McDonald SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:45 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PARKS AND RECREATION COMMISSION SPECIAL MEETING FEBRUARY 28, 2011 PAGE 2 -136- REPORT OF CITY MANAGER 137 KENAI SENIOR CENTER MARCH c# of KENA!,A ASKA V 444 To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: March 3, 2011 Total February Meal Count 2011 Served: Total Congregate Meals Served: 1,108 Total Home Meals Served: 1,591 Total February Meal Count 2010 Served: Total Congregate Meals Served: 1,193 Total Home Meals Served: 1,296 We were rented twice in February. There were 880 volunteer hours for February. 30 seniors had appointments for assistance with Medicare, Medicaid, insurance, and heating and assistance issues. 75 people accessed social security video and the representative when they were here this month. The senior center is fortunate to have volunteer nurse, Coleene Rurnaner, teaching various health classes. One of the most recent six week classes was "Staying Sharp," a class to maintain healthy brain function. On the average 13 seniors attended each week (10 females and 3 males). Those who invested in the total 6 -week class always informed the instructor if they would be unable to attend and after the final class, requested more classes, The class overview included a brain overview, aging process of the brain, advances in modern technology, skills for keeping memory sharp, dispelling common m yths of brain longevity, factors to boost brain function, leaning how to clarify the retrieval and recall process, improving short term memory, strategies for remembering, memory exercises, enhancing observations, reinforcing concentration skills, word associations, language exercise, logical thinking and reasoning, identifying patterns, and the list goes on. A homework assignment was given after each class and was required to return at the next session. Participates thoroughly enjoyed the class and are looking forward to more classes. Xiao Pei started February 8, teaching Tai Chi classes. She will be teaching a 6- weekclass on Tuesday and Thursday mornings. 8 seniors have participated so far with others that stop by to observe and watch. We sponsored two evenings of AARP safe driving class. There were 25 people participated. These classes are open to anyone but the focus is for seniors. Once a person receives a certificate from the class they can get a discount on their car insurance. The annual Valentine's Day Dinner was held in the evening with 108 seniors in attendance. The Ladies Barbershop Group sang and three "senior" couples participated in "The '01 Wedding Game," the audience cheered the couples along. Prizes were given to the couple that answered the most questions correctly. -138- hcatyof KEKAI, ALASKA The status of the projects is as follows: Kenai Community Library Expansion Project Transition into the new area has begun library is scheduled to reopen on March 28th. Water Treatment Facility (Arsenic Ground Water Study) —Bid Documents are available on March 21 with a bid opening scheduled for April 13 and Council Award on April 20th. Multi Use Facility Lighting Upgrade —The project followed the construction schedule; the new lighting is operational, replacement of the emergency lighting is awaiting delivery, project closeout is under way. Water and Sewer Rate Study Update Project Closeout is underway. Tooiak to Beaver Loop Water Extension Proiect —The project is out to bid with bids due on March 24 and council Award scheduled for April 6` Personal Use Fisheries Capital Project— Funded by approval of Ordinance 2481 -2010 on May 5, 2010. The pedestrian barrier and the Meeks Trail upgrade have been completed. The restroom portion of the project was bid with the Daubenspeck Family Park restroom and was awarded on December 15th, with construction completion scheduled for summer use. The replacement bridge for the trail is on site with installation scheduled for early this year, a $25,000 is available from US fish and Wildlife for the project, paperwork finalizing the transfer is pending. Vintage Pointe Water Damage Project Notice to proceed was issued on August 26`". Construction is nearing substantial completion, with inspection scheduled for later this month. Baron Park Drive (Kenai: Various Road Improvements)— NTP is expected in early October. Draft SWPPP was submitted to DOT and returned with comments; clearing is scheduled to begin in late winter. With a pre- construction meeting scheduled for March 21 Main Street Reconstruction Boring occurred in Mid October concurrent with Central Heights Boring, This project also included road boring geo -tech on First Street. Preliminary design cost estimate have been received. Central Heights Roadway Lighting Storm Water Improvements Boring began on October 12 concurrent with Main Street Reconstruction Boring. Work on the geo -tech report is under way Marathon. Park Phase 1 (Daubenspeck Family Park) Surveying and design are underway, electrical service installation is complete; the restroom construction contract was awarded on December 15 to Cornerstone Construction LLC, with construction completion scheduled for summer use. Construction documents for the parking lot and lighting are 65% complete. -139- CAPITAL PROJECT MANAGER MID -MONTH REPORT MARCH 2011 rtie Lrty ;r KEMAL ALASKA TO: Rick Koch, City Manager FROM: Kevin Lyon, Acting Public Works Director DATE: March 8, 2011 SUBJECT: Mid Month Report; Public Works Department PUBLIC WORKS DEPARTMENT MARCH 2011 REPORT Public Works Operations: Streets Department is working on street signs, sanding, and peeling ice and snow pack from the roadways. Water Sewer has been working on keeping lines thawed and systems in operation. Status of Projects: a Kenai Municipal. Airport Rehabilitate Apron 2009 -2010 Alaska Road Builders is the general contractor Wince Corthell provides Construction Management. The ARRA portion of the project is complete. Amendment 4 was approved for Wince Corthell- Bryson which will provide additional work to complete FAA/CITY /DOT Phase II portion of the project through the close out of next summer. Final project completion is June 15, 2011. Kenai Municipal Airport Master Plan Work is underway to complete a Professional Services Agreement between the City and Wince Corthell -Bryson for this project scope of work is being reviewed. Kenai Municipal Airport Float Plane Basin Development Phase 1. Taxiway "S' the Access Road system and the westerly taxi lane preliminary design is completed including cover sheets, project layout and safety plan and some detail sheets prepared. WCB is working on preliminary design of Basin overflow piping. Fourth Avenue Culvert Replacement Project is complete. Funds are being held by the Watershed Forum to ensure the late hydro- seeding is effective in spring 2011. Grant closeout is underway. Kenai North Dunes Elevated Light Penetrating Walkways /Ramps Supply Related Appurtenances. The gratings and walkways are installed. Only minor punch list items are remaining. Recreation Center: The upstairs flooring replacement project is out for bid with the bid opening scheduled for February 8'" five bids were received and the bid award is scheduled for the February 16 council meeting. The contract is in route. When the contract is approved. A Notice to Proceed will be issued following the approved contract. -140- Rick Koch, City Manager From: Terry Eubank, Finance Director Date: March 10, 2011 Re: Monthly Report FINANCE DEPARTMENT M!D -MONTH REPORT March 2011 The past month has been a busy one with much of the department's focus on the preparation of the FY2012 Budget. The Council will receive its first draft of the FY2012 budget with its April 6 packet. There is much work to be done by all City departments over the next couple of months. Credit cards are now being accepted at the City's Animal Control Shelter. The department will begin accepting credit cards for water and sewer service with the issuance of March invoices. Online payments continue with a $3.50 fee per transaction as conversion to the new service provider continues. Conversion should be complete for May billings and customers will no longer be required to pay the $3.50 fee. Credit cards are being accepted at the Senior Center for meals and facility rental and beginning in April, Vintage Pointe residents will be able to pay their rent using a credit card. A request for proposal to provide collection services for the City has been released with award expected at the April 6' Council Meeting. Patients with outstanding ambulance bills have received their first notification to be followed by a second notification soon. Notification include not only the balance due to the City but the City's Charity Care Policy and planned collection steps. The process of renewing the City's insurance policies is beginning and will be complete by mid April. the city of KENAI, ALASKA TO: Rick Koch, City Manager FROM: Robert J. Frates, Parks Recreation Director DATE: March 10, 2011 RE: Mid -month Report PARKS RECREATION MID -MONTH REPORT MARCH 2011 A total of 79.5 hours of ice was reserved for the month of February. This compares to 96.5 hours from last year. There were several cancellations in February due to cold temperatures and the Tier I teams didn't skate at the Kenai Rink throughout February. Skating will come to an end March 200 The department has been busy with budget matters and planning for the upcoming summer maintenance season. Interviews for these positions will begin next week. Several purchases of supplies and materials needed for the upcoming season have been made, including fertilizer and lime. The department also assisted with three student civic projects. Projects included hockey goal boxes and a couple benches. Information was also shared with several students participating in the Caring For The Kenai Project. A total of 88 hours of community service was provided to the department from February 2 to date. Participants assisted with general maintenance items including removal of winter lights, moving items at the library, sign maintenance, cleaning vehicles, etc. The conceptual design phase for the Municipal Park Playground Expansion Project is nearing completion. Administration is requesting $30,000 to complete the Civil Landscape Architectural Engineering services needed to continue the project. The Director received correspondence from the KCHS Athletic Director pertaining to their baseball /softball schedules for the upcoming season. Games are scheduled at the Kenai fields beginning early May. This will be their first baseball season and season two for softball. The Kenai River Rugby Football Club is also looking for field space to practice and hold games. the 4 of KEMAL ALASKA FIRE DEPARTMENT MID -MONTH REPORT March 2011 It has been an extremely busy month in the fire hall. Last month Chief Tilly attended the Alaska Strategic Highway Safety Plan meeting in Soldotna. I was asked to be on the leadership board for developing the new plan in the coming months. Two of our members, BC Prior and FF Pettit attended a high angle rope rescue class sponsored by Tesoro last month. It was a great class and we will be able to use these techniques for future trainings and rescues. We have made some changes in the shift makes in the department as well. This will give the new employees the opportunity to work with different Captains and different crews creating a well rounded view of all shifts. Our department participated in the Job Shadow day and had two (2) students for the morning. We had one male and one female student that were interested in working in the emergency services field. We were very pleased with the students we had in that they were courteous, respectful, attentive and fun to be around. We continue to work with the State Fire's office and have been proctoring fire extinguisher exams for locals. We also continue to stay involved with KPC and their Paramedic program by doing ride a longs and Chief Tilly's involvement with the Board of Directors. We have had a busy week with 2 (two) structure fires. One on the night of the 7th an anchor trailer park and one on the morning of the 10 at the Bay Arms apartment. Also this week the Kenai Fire Fighters Association is putting on a training class for firefighters from all over the state. Rapid Intervention Training in an intense physical class that helps firefighters learn to save themselves in case of entrapment. Our Three members are also participating. -143- tAc c%. KENAI. SKA February Circulation Figures Adult Fiction 2,053 Internet Access 1,070 Adult Non- Fiction 1,493 Music 132 Periodicals 143 Puzzles 0 Juvenile Fiction 635 Videos 125 Juvenile Non Fiction 312 DVDs 2,331 Easy Fiction 1,160 Audio books 144 Easy Non Fiction 243 Miscellaneous 72 Interlibrary Loan 34 Computer Programs. 9 Total Print 6,073 Total Non -Print 3,883 Total Circulation 9,956 In -House circulation 147 Library Door Count 6,792 Downloadable Audio 272 Downloadable EBoolcs 108 We will be closed from March 7 to March 27. All of our activity in -house from now until we re -open on March 28 is focused on moving and ansition. While we had anticipated a community effort to move books on to the new shelves, that has proved to be logistical nightmare. Team Depot and volunteers from Lowes will provide us with ample help on Saturday, March 12. We also have one high school student who has to do a community service project who we will have helping us. We will begin with moving furniture that we will use during the transition (the new furniture has not yet been ordered.) The staff has all been working hard to consolidate supplies that are in cabinets that will no longer exist. I have been measuring and re- measuring everything and creating a surplus list of furniture that we will no longer need at all. Eventually we will ger to moving hooks. There is also quite a bit of behind the scenes work on cataloging and labeling to do. As we are able to outline discrete tasks, we can bring on additional volunteers. Income Fines 1,323 92 Xerox 96.75 Lost/Darnaged 171.72 Test Proctoring Fee 120.00 Printing 317.50 Total income 02/11 2,029.89 Interlibrary Loans Books Ordered 21 Received 38 Returned 33 Loaned by us 10 KENAI COMMUNITY LIBRARY MONTHLY REPORT MARCH 2011 -144- ry Cards Issued February 2011 Internet Only 7 Clam Gulch 1 Cooper Landing 1 Kasilof 6 Kenai 52 Nikiski Ninilebtik 2 Seward 1 Soldotna 23 Sterling Non Resident 4 Orzanizatian Other 2 Total Adult Programs 5 Persons 5 Children's Family Programs.... 12 Attendees 230 Volunteers 6 Hours 40 he cifyn,' KEP#AALASKA POLICE DEPARTMENT MID -MONTH REPORT February 2011 TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief rk DATE: 319111 SUBJECT: Police Communications Department Activity February 2011 Police handled 509 calls for service (up from 457 in February 2010). The Communications Center received 186 emergency 9 -1 -1 calls (109 from cell phones). Communications personnel handled 2,905 administrative phone calls during the month of January. Officers made 49 arrests and wrote 226 reports. Traffic enforcement resulted in 179 warnings, 42 speeding tickets, 7 seatbelt tickets, 25 citations for equipment violations, and 48 citations for "other" traffic violations. There were B DUI arrests (all misdemeanor). Police investigated 15 vehicle crashes (3 injury crashes), One of the 15 crashes involved a moose. One of the crashes involved an intoxicated driver. On February 9, Sgt. Langham attended a two -day seminar in Anchorage on the TraCS (Traffic and Criminal Software) system. Kenai P.D. currently has three TraCS units which allow officers to print citations in the field. We hope to acquire additional units through a state grant. On February 11, Sgt. McBride attended a well site incident management tabletop exercise, sponsored by Marathon Oil. On February 23, SRO Langseth and future SRO Prins attended a DARE in- service seminar in Anchorage. On February 24, four KPD officers facilitated a dodge ball Police Athletic League (PAL) event for kids at the Boys and Girls Club. On February 28, Officer Smith attended a five -day control tactics instructor course in Kodiak. In the schools, SRO Langseth culminated the DARE program at Mt. View. He also presented internet safety to Connections group. He had two mentorship meetings at KMS. Officers continue to work traffic safety overtime shifts reimbursed to the City by the Alaska Highway Safety Office. -145- die cLfrof KENAI. ALASKA IMPOUNDED Dogs Cats Other Species RELEASED BY OWNER 45 Dogs Cats Other Species D.Q.A. Dogs Cats Other Species TOTAL ANIMALS 115 Borough Animals Total Dogs Total Cats Total Other Species 42 72 43 Community Involvement Projects: 2011 2010 66 67 ANIMAL CONTROL MID -MONTH REPORT 48 23 Dogs 18 36 Cats 0 5 Other Species 49 CLAIMED 22 29 Dogs 23 17 Cats 0 0 Other Species 4 7 EUTHANIZED 2 6 Dogs 0 1 Cats 0 0 Other Species 117 44 58 54 0 5 ADOPTED FEBRUARY 2011 Other Disposition Field Investigations Volunteer hours Total phone Kennel Permits -146- 2011 2010 60 51 33 25 27 21 0 5 13 5 13 5 0 0 o 0 38 52 24 22 14 30 0 0 0 2 38 71 121 84.5 499 480 1. 0 Airport Improvement Program: March 2011 Airport Manager's Report Apron Rehabilitation: Winter shutdown. 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 FM 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 5400 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 -147- 1 INFORMATION ITEMS INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 16, 2011 3/16/2011 Purchase Orders Between $2 500 and $15,000 for council revie Budget Transfer in Capital Projects in excess of 5,000. 3/9/2011 M. Kebschull memorandum, Comprehensive Plan Update. Kenai. Police Department, 2010 Motor Vehicle Crash Report. 3/10/2011 Kenai River Special Management Area Advisory Board agenda and minutes of the 2/10/2011 Board meeting. 6. 2011 Alaska Gaming Permit Application Kenai Senior Connection, Inc. 2. 3. 4. 5. -149- eenng O N CV 0 0 N E co 00) co L) 0 co Q X Ifi (C'S co" z 0 2 0 0 o o tt 0 N Z Q W it W 1 W CO 6 W O CC F O w w5 Q J Z O C3 Q w tO 1-- .3.i w W W K CC r 0 0 0 a O -150- MF "Vuiaye with a Past, CL with a Future" -151- 210 Fidalgo 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 9, 2011 SUBJECT: Comprehensive Plan Update Since the award of the contract for the Comprehensive Plan on February 16` two meetings have been held with Glenn Gray and Eileen Bechtol to begin planning for the update. At the initial meeting, Gary Greenberg of Alaska Map Company met Mr. Gray and Ms, Bechtol and GIS needs for the plan were discussed. The first community meeting is scheduled for April 23 beginning at 9 a.m. (with registration at 8 a.m.). The meeting will be held at the Senior Center. A mailing list is being compiled using contact information from the last plan, City Boards Commission members, Chamber of Commerce mailing lists, Kenai Peninsula Borough Assembly and School District representatives and the Town Hall Meeting attendees. If anyone has names to add to the list, the information should be sent to Planning Assistant Nancy Carver at ncarver(a�ci.kenai.ak.us. In addition to mailing invitations, we will be publishing notice of the meetings on bulletin boards at City Hall, the Kenai Post Office, and Kenai Courthouse. KSRM and KDLL radio stations will be asked to announce the notice as a public information message and the Peninsula Clarion will be asked to include the notice in the "Around the Peninsula" section of the newspaper. Official notices for the meetings will also be published in the Peninsula Clarion. Prior to the meeting on April 23 a Department Head meeting will be held on the morning of April 21 Department Heads will review the collaborative process and prepare for meeting with Boards and Commissions that evening (4/21/11) and the public meeting on April 23 The Board Commission meeting will be held at City Hall in Council Chambers starting at 6 p.m. invitations will be sent to Boards and Commission members in the next week asking them to "save the dates" for these meetings. Clerk Freas will be adding a link on the City's web page. The link will provide access to information on meetings and status reports on the Plan. 2010 Motor Vehicle Crash Report -152- KENAI, ALASKA MEMO: TO: Rick Koch City Manager FROM: Gus Sandahl Police Chief DATE: 3/3/11 SUBJECT: 2010 Motor Vehicle Crash Report "Vi flaye with a Past, Gity with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 FAX: 907 283 -3014 Enclosed is the 2010 Motor Vehicle Crash Report for the Kenai Police Department. The City of Kenai experienced an increase of motor vehicle crashes during 2010, as compared to the previous year. However, 2009 was a remarkably low year for crashes in the City of Kenai, and the statistics for 2010 are not alarming as compared to 2006 -2008 crash statistics. During 2010, there were 314 reported crashes in the City of Kenai, which is an increase from the 270 reported crashes in 2009. In 2010, the number of investigated crashes increased to 163, up from 135 in 2009. Unfortunately, there were two fatality crashes on Kenai roadways in 2010, and a synopsis of those two crashes is enclosed. Fridays, from 12 -noon to 6pm, had the most occurrences of crashes. The peak months, with the highest number of crashes, were October, November, and December, with 16, 23, and 32 crashes respectively. There were 36 animal related crashes, which was again the greatest cause of motor vehicle crashes in the City of Kenai. In 2010, the State of Alaska had its lowest number of crash fatalities in state history at 56. For 2011, the Kenai Police Department will continue to partner with the Alaska Highway Safety Office to implement traffic safety programs, aimed at keeping Kenai roadways safer. We will also utilize the statistical information gathered from this report to intelligently guide traffic patrol efforts throughout the year. Most of the credit for this thorough statistical report goes to Sgt. Ben Langham. -153- '1 1992 TOTAL MOTOR VEHICLE CRASHES AND TYPE Type reported to KPD 2010 2009 Change Total 314 270 +16% Investigated (12 -200) 163 135 +21% Damage Only 122 103 +18% injury 39 30 +30% Hit and Run 13 11 +18% Fatal 2 2 0 DUI 16 8 +100% Motor Vehicle Crashes 2006 -2010 430 2010 2009 2008 2007 2006 Total 314 270 375 318 404 Investigated (12 -200) 163 135 172 147 183 Damage Only 122 103 145 113 140 Injury 19 30 25 35 41 Hit and Run 13 11 19 13 24 Fatal 2 2 0 0 1 DUI 16 8 13 21 13 2 -154- d. tvi"C PRIMARY CAUSE 1. Animal Action 2. Slippery Pavement 3. Failure to Yield 4. Driver Inattention 5. Alcohol/Drugs 6. Unsafe Speed 7. Unsafe backing 8. Other 8 3% 36 20 7 0 19 16 9 9 9. 10. 11. 12. 13. 14. PRIMARY CAUSE Moose C rash 2010 3 -155- Failure to Stop 7 Improper Lane Usage. 5 Following Too Closely 4 4 Unknown Equipment Failure 3 Neuligent/Reckless al Animal Action E Driver Inattention Failureto Yield Ei Slippery Pavement Improper Lane Use M Unsafe Speed m Alcohol/Drug E Following Too Closely E Failure to Stop 0 Other ri Negligent/Reckless mi Unknown Unsafe Backing m Equipment Failure SEVEN YEAR TREND While actual yearly crash totals fluctuate, the City of Kenai has averaged 338 total crashes per year. Of those, an average of 162 are investigated each year Kenai averages 32 injury crashes and 20 hit and run crashes annually. While the majority of crashes occurred during the weekdays, the highest total of crashes within the seven year span occurred on Mondays. The fewest total crashes occurred on Sundays. Additionally, the most total crashes occurred between noon and 6 p.m. From 2004 to 2010, the leading cause of motor vehicle crashes in the City of Kenai continues to be animals in the roadway. The other leading causes of crashes are driver inattention, failure to yield and unsafe speed. LOCATION OF OCCURRENCE FOR ALL INVESTIGATED CRASHES KSR /Forest Or KSR /Airport Way KSR /Main St KSR /Willow St KSR I BAR Beaver Loop Rd KSR mile 9 -10 KSR mile 6 -8 Private Property KSR mile 4 -6 Bridge Access Rd KSR mile 12-14 KSR mile 10 -12 Other Location of Crashes Faw ipasszyte pass 0 5 10 15 20 25 30 35 The City of Kenai experienced the most crashes in areas considered "Other" with 35 crashes, However, the Kenai Spur Highway accounted for 92 of the investigated 163 motor vehicle crashes. The two lane portion and four lane portions of the Kenai Spur Highway experienced a 16% difference; 42 and 50 crashes respectively. 4 -156- 40 a Locat of Crashes The roadways maintained by the State of Alaska within the City of Kenai saw 117 of the 163 motor vehicle crashes. The remainder of the crashes occurred on city maintained roads or private property. The single location with the most traffic accidents was on the Kenai Spur Highway between miles 10 and 12, in the business district. OCCURRENCE BY MO T Most vehicle crashes occurred during the early winter months in which the road surface condition is not the most favorable for driving. The City also saw a spike in motor vehicle crashes during June. February, May, July and August had the fewest accidents. 5 -157- Sunday 4 2 9 18 12% Monday 3 8 8 7 26 16% Tuesday 3 14 9 2 28 17% Wednesday 2 8 11 4 2.5 15% Thursday 0 5 8 4 1 1 7 1 0% Friday 1 6 17 9 33 20% Saturday 2 2 6 5 15 10 OCCURRENCE BY DAY AND TIME TOTAL 0001 0600 0601 1200 1201 1800 14 47 61 FATAL MOTOR VEHICLE CRASHES In 201 there were two crashes that resulted in fatalities. 6 -158- 1801 -2400 Total Pct 40 9% 29% 38% 24% 162 The highest number of motor vehicle crashes occurred during the work week, accounting for 78% of the crashes. The single highest time motor vehicle crashes occurred was between 1201.- 1800 hours. Saturdays and between the hours of midnight and 6 a.m. hours saw the fewest crashes. The chart above lists 162 of the 163 investigated crashes. It is unknown when the other one occurred. On September 5, 2010 at approximately 2257 hours, a Ford Mustang and. Ford F -350 truck collided in Old Town Kenai at the intersection of Overland Ave. and Mission Ave. The front seat passenger of the Mustang was killed instantly. Several passengers were transported to the hospital with injuries. On November 2, 2010 at approximately 1119 hours, a Suzuki Grand Vitara collided with a Dodge Caravan at approximately 7.7 of the Kenai Spur Highway. Both drivers were transported to the hospital with injuries. The Grand Vitara's front seat passenger, a 14 year old girl, was killed in the crash. For both of the above crashes, Kenai police officers responded and requested assistance from the Bureau of Highway Patrol, who took the lead on the investigations. TRAFFIC AND CRIME During 201 the Kenai Police Department arrested 79 drivers for Driving Under the Influence. Of those 79 arrested, 7 were felony DUIs. The average breath alcohol concentration for those drivers that provided a breath sample was .148% BrAC. The average breath alcohol concentration was .028% lower than in 2009, which approximates to one and a half drinks less. There were 16 drug /alcohol related crashes in 2010, a significant increase up from 8 the previous year. The drug/alcohol related crashes were fairly evenly spread throughout the year, with peaks of 3 crashes in April and October. Of those crashes, 12 of the drivers were arrested for DUI. Of the 163 investigated accidents, only 10 drivers were uninsured. Of those 10, five were determined to be the at fault driver. The Kenai Police Department also determined 6 drivers did not possess a valid driver's license. They were the at fault driver 66% of the time. POLICE DEPARTMENT EFFORTS: The Kenai Police Department is committed to reducing the number of crashes and injuries on our roadways. In 2010, officers participated in several programs sponsored by the Alaska Highway Safety Office including 90.5 hours of Click- It -Or- Ticket seatbelt enforcement and 54.5 hours of DUI Enforcement. In 2009, the Kenai Police Department applied for and received a traffic safety grant from the Alaska Highway Safety Office. The grant titled "All Eyes on DUIs" allowed the police department to receive training and patrol car equipment to better enforce Alaska's DUI laws. In 2010, the police department integrated the equipment into the cars. Officers found the equipment practical and useful. The equipment was instrumental in the documentation and prosecution of impaired drivers. In 2010, the State of Alaska provided the Kenai Police Department with three Traffic and Criminal Software (TraCS) systems for the patrol cars. These state -of -the -art systems included laptop computers, printers and driver's license and vehicle registration scanners and software in the vehicles. The TraCS units allow officers to quickly and efficiently write and print traffic citations and accident forms. In the near future, TraCS will allow officers to electronically submit citations to the State of Alaska, reducing data entry times and providing for better utilization of resources. As in 2009, the Kenai Police Department continued our partnership with the Alaska State Troopers by the continued assignment of a patrol officer to the Alaska Bureau of Highway Patrol. With the assistance of a citizen volunteer, James Clark, the police department also strategically places a speed monitoring trailer and message board trailer in high traffic and designated 7 -159- problem areas. These trailers remind drivers of their speed and provide critical safety information to drivers on a. weekly basis from April to November. SRO Langseth continues to educate students on traffic safety issues at KCHS. He and Officer Sjogren partnered with the Alaska Highway Safety Office an a grant titled "Click it and Ticket." This is a prograrn funded by the Alaska Highway Safety Office where student volunteers count the number of people wearing seatbelts as they enter the KCHS entrance driveway. Students who are wearing their seatbelts are given "tickets" that are good for a snack item at the concession stand. Student seatbelt use increased from approximately 88% to 98 During 2010, patrol officers spent 41% of their time conducting investigations and 25% of their time dedicated to patrol, which was a slight increase in patrol time from 2009. Total Hours a Patrol a Investigations Other Training a Court a P.R. Prevention Kenai Police officers performed 2,808 traffic contacts for the year. These traffic contacts resulted in 1,058 citations, 73 as a result of crash investigations. 8 -160- CONCLUSION In 2010, there were 415 people and 263 vehicles involved in crashes in the City of Kenai. Highway safety is one area that impacts the greatest number of city residents and non residents, Fortunately, most of the crashes investigated by the Kenai Police Department resulted in vehicle damage only. Dining 2010, the City of Kenai saw a significant increase from the previous year in all recorded categories for motor vehicle accidents with the exception of fatal accidents. However, 2010 was still the second lowest year for most accident categories in the past five years. There are many factors that contribute to accidents on our roadways. The leading cause continued to be animals in the roadway, which accounted for more than 1 in 5 traffic accidents in 2010. Seatbelts continue to make the roadways safer for occupants of vehicles. A statewide survey in 2010 detwmined that 86.8% of vehicle occupants were using seatbelts. in only five accidents did persons involved report not using a seatbelt in Kenai. This significantly high number of seatbelt users has reduced the number of injury accidents over the years. The City of Kenai experienced a significant spike in motor vehicle crashes in November and December. Those months alone accounted for 34% of the year's accidents. Additionally, the highest time for accidents was between 1200 -1800 hours on weekdays. The Kenai Police Department will continue to target aggressive drivers, impaired drivers, and those not wearing seatbelts in an effort to reduce the number of total accidents and improve overall highway safety. The Kenai Police Department will continue to collaborate with the State of Alaska, to mitigate the factors that pose the greatest danger to our citizens; animal related crashes, unsafe speeds, driver inattention and failure to yield. 9 -161- KENAI RIVER Special Management Area "Working together...for the river" CALL TO ORDER A. Roll Call; B. Minutes Approval C. Agenda Changes and Approval II. Public Comments /Presentations Introduction of New Board Members John Mohorcich, Kenai Peninsula Borough update /overview of 21.16 Kenai Peninsula Borough Habitat Ordinance III. REPORTS A. Agency and Government Reports a State Parks— Director, Ben Ellis /Sinclair b. DEC- Stevens c. ADF &G- Vania/ Begich d. USF &WS- Schmidt e. USES /Chugach- TravisMosely f. City of Kenai Koch g. City of Soldotna- Miociche h. Kenai Peninsula Borough- Carey B. Committee Reports a President's Report b. Guide Advisory c. Habitat d. River Use e. Permits f. Legislative /Government Activities g. Board Development h. AgendalBoard Structure /Housekeeping IV. OLD BUSINESS V. NEW BUSINESS VI- CORRESPONDENCE Vli. PUBLIC COMMENT Kenai River Special Management Area Advisory Board Meeting Agenda Thursday, March 10, 2011 5:30 p.m. Cook Inlet Aquaculture Center VIII. ADJOURNMENT A. Board Comments B. Date /Agenda of Next Meeting April 14, 2011 at 5:30 p.m. Alaska 0 CLERK _t Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907 262 -5581 Kenai Peninsula Borough, 144 N. Binkley, Soldotna, AK 99669 907- 2624441 Gilman River Center514 Funny River Rriadt AK 99669, 907 260 -4862 on of Parks ani' Dutdocr Recreation, DepentnentAperraMurces, in coaoeralion wrh the Kenai Peninsula Borough trrnl R 1 MI Inn Call to Order A Members Present: Jack Sinclair, Joe Connors, George Heiro, Max Best, Bruce King, Ricky Geese, Andy Loranger, Janet Schmidt, James Czarnezki, Kyle Kornelius, and Kevin Lyon. B. The Minutes far January 13, 2011 were approved as written. C. Agenda Changes and Approval: added Item E to New Business Cooper Landing Walkable Community Project. Added Item 0 to New Business Letter to Kenai Peninsula Planning Commission concerning a conditional use permit. 11. Public Comments/Presentations III. Reports Joe Connors announced the new KRSMA board members are Ricky Gease and Grant' Watts. Agency and Government Reports Kenai River Special Management Area Advisory Board Meeting Minutes Gilman River Center Thursday, February 10, 2011, 5:30 p.m. a. State Parks —Jack Sinclair stated our middle Kenai River Ranger, Ali Eskelin has accepted another position within State Parks. All will be our new Woad- Tikchik Ranger pilot out of Dillingham she will be the first female pilot in the state parks system. Pam Russell and I met with the Grant Lake Kenai Hydro folks today and they are interested in coming back to have a presentation on some of the work they are purposing for the Grant Lake Project. We would like them to come back and give a presentation at the March 10 2011 KRSMA meeting. In regards to the Bing's Landing project, we are currently answering calls to both Chenauft's office and Wagoner's office providing detail regarding the engineers estimate for creating the new Bing's Landing project, the road and parking area. The capital request is being crafted by Chenau!t's office right now to ask for additional funding to create that project. We have two projects going on this winter; Morgan's Landing wit have walkway installation in the next two weeks, The Pillars dock will be rebuilt, a new design will be crafted and we are going to have better floats we can check and it will be more hydro dynamic. The RFP is already out there. We are still waiting to get final bids. The intent is that it will be in by this summer. b. DEC- Tim Stevens was not present c. ADF &G- Vania/ Begich, was not present, d. USF &WS, Andy Loranger, the US Forest Service and US Fish and Wildlife Service, the Refuge, the Department of Fish and Game and the partners in the interagency coordination group will be hosting public meetings as part of the public process for planning how to manage and reduce potential for negative human bear interactions at the Russian River area. Those meetings will be held the week of April 18 2011; there will be 4 consecutive days of meetings. The first one will be in Cooper Landing on Monday, April 18 2011 in the evening, then Soldatna on Tuesday, Wasilla on Wednesday, and Anchorage on Thursday. Janet Schmidt spoke regarding the River Management Society meeting and she has copies of the agenda they have posted on their website. On the River Management Society webpage, they have a very good synopsis about what this workshop is about. The Interagency River Management Workshop is May g -13 2011 in Girdwood, Alaska. e. USFSIChugach- Travis Mosely, was not present. f. City of Kenai Kevin Lyon the dip net report is out for the work session on February 15 2011 with City Council. It will be at 6:00 p.m. at City Hall in Kenai. There was a question last month on what our position was on Tom Wagoner's Bill for the personal use fishing permit, the city has not taken a position. Kenai River Special Management Area Advisory Board Minutes February 10, 2011. Page 1 of 4 -163- g. h. Kenai Peninsula Borough, Max Best, we are moving ahead on what we are going to call Phase 11 of the Kenai Peninsula Borough 21.18 ordinance re- write. We met the other day with staff and we have been working with the planning commission and had 3 separate meetings. The assembly said, go back and come up with some middle ground with your planning commission and bring it back to the assembly. We are ready to take the grandfather portion of the recommendation before the assembly. The other part would be steep slopes; we are going to be forming a committee and deciding how we want to regulate the slopes along the river. The third thing is KPB 21.24 Compliance Issues; we have separated that out and we are taking that on as one issue under all of our land use regulations issues we have 4 or 5 different permitting processes that follow 21.24, so we decided to re -write the whole ordinance and that would apply to 21.18, 50 ft habitat protection area. City of Soldotna, Kyle Korneiius, nothing to report. a. Ccmmitfea Reports a. Presidents Report, Joe Connors encouraged everyone to participate in one or two of the committee meetings. b. Guide Advisory, Joe Connors stated they met today and had 19 items they dealt with from the findings in Doug Whittaker's River Use Study. We have started working through those in terms of issues we could address in the short term or something we could complete this year. We have 3 items in the short term category and 1 in the long term category. We will be reporting at future meetings on our progress. c. Habitat, did not meet. d. River Use, George Heim stated they met today and took up the 18 items that came out of the Doug Whittaker River Use Study and priorttized them on whether they were achievable in the short term or long term. One action Item that came out of It is that we will be writing a letter to the agencies, regarding camping which takes place along the Kenai River, primarily in the U.S. Fish and Wildlife Refuge areas and a few places for DNR State Parks below the Killey River. We are encouraging some efforts with clean up issues such as human waste and extensive long term camping. We will be drafting a letter and bringing it to the board for action at the next meeting. The other item talked about extensively was the mandatory user education resolution that was passed by the board last April. We were thinking in the committee that we might want to actually amend the resolution because it anticipated an implementation date of 2018. If possible we would like to see that happen sooner. Jack Sinclair we also talked about it briefly in the guide advisory committee meeting as well. We wit include this proposal in our regulation package this fall. We can easily just amend the implementation of this and make sure it applies to the following year and it means for those that are under 18 years that could be happening the following year. We could still have the date out there 2018, getting people under the deadline of education. We can go forward with it this next fall. He will come back to the board with a draft. e. Permits, Jim Czarnezki stated they met and we have a draft letter we will talk about a little later in new business. f. Legislative /Government Activities, nothing to report. g. Board Development, nothing to report. h. Agenda /Board Structure /Housekeeping, nothing to report. IV. Old Business V. New Business A. Draft Language supporting Senate Bill 24 Ricky Geese gave a brief overview of Senate Bill 24. He stated senate Bill 24 is creating a Sport Fishing Guide Services Board to ensure minimum standards and accountability in the guided sport- fishing industry across the state. It removes the sunset on the logbook program where information is collected from harvest and activities and catch angler days for guides throughout the state. It is a professional services board for the guide Industry. It brings in guides, guide Kenai River Special Management Area Advisory Board Minutes February 10, 2011 Page 2 of 4 -164- outfitters, guide /outfitters, outfitters; it creates a category of assistant guides and transporters. The intent is to be as inclusive as possible to get the data and scope of the industry. The other thing that the professional services board does is that it funds an executive director for the board and an investigator. This would be modeled after the Big Game Services hoard. Vote was taken on draft language supporting Sena ill 24 5 voted in favor. 1 opposed. 2 abstained from voting. B. Cooper Landing Walkable Community Project Jack Sinclair stated he sent out an email to all board members, with the draft resolution supporting the Cooper Landing Walkable project. The Walkable Community Project took place about 3 years ago and they put together a really nice plan in the Cooper Landing area working with the Borough,, the community, State Parks, Forest Service, and US Fish and Wildlife Service. The community was able to identify several projects that were very important to them. One that came out on top was to improve this pedestrian walkway in the community. So they put together this project and it was initially scored by the track board, which scored it 9 on their list. They really need to be around the 1 to 3 range to get noticed on the track funding and they are trying to find some way to get it up there- The only reason they aren't scoring higher is, one they didn't get enough money to the table as far as partnering funds and the other reason is that they haven't had a fatality to add to the fist. The TRAAK board meets next month and he would like to leave it to the KRSMA board on whether to support the letter for the project. George Heim made the motion to accept the Letter of Support for the Cooper Landing Walkable Community Project (CLWCP) Jim seconded. The board discussed the Cooper Landing walkable community project. Motion and second were withdrawn. Jack made the motion that we endorse the concept of the Cooper Landing walkable community project for safer pedestrian walkways and protection of the Kenai River. Bruce King seconded. Vote was taken. 6 voted in favor. 0 opposed. 2 abstained from voting. C. Letter to KPB Nanning Commission concerning a Conditional Use Permit Jim Czarnezki stated there is a draft letter in your packet and the situation here is that we've missed the deadline to get the letter into the planning commission's packet. This will be introduced on Monday the 14' of February. If we get a letter tomorrow to the Borough River Center staff, they will hand deliver it to the planning cormission at the meeting. The landowner owns a resort at mile 34 on the Kenai River and have 90 feet of river frontage, under KPB 21.18, 113 of your river frontage can have an elevated walkway. They currently have 30 ft of elevated walkway, so they are at what the code allows. Adjacent to the 30 ft of elevated walkway the bank is being trampled and the vegetation is damaged from all the traffic. They have requested to add an additional 30 ft of walkway. In the staff report there were some suggestions that would help mitigate and reduce impacts. The letter that the KRSMA board is submitting to the planning commission will support the staff recommendations, with the addition of requesting that the permit be modified to reflect 15 ft of walkway rather than 30 ft of walkway. Ricky Geese commented it is not in the permits to maintain spruce tree revetment and maybe it needs to be included as part of the recommendations. Kenai River Special Management Area Advisory Board Minutes February 10, 2011 e 3 of 4 -165- Voted was taken. 5 voted in favor. 1 opposed. 2 abstained from voting. VI. Correspondence VII. Public Comment Ginny Litchfield, ADF &G, Habitat stated for spruce tree revetment projects, the permits are written to say they can maintain the spruce tree revetment as needed. The permits don't require landowners to maintain them, but it it deteriorates down to the cables and hardware, the hardware /cable portion needs to be removed. VIII. Adjournment A. Board Comments B. Date/Agenda of Next Meeting March 10, 2011 at 5 :30 p.m. Kenai River Special Management Area Advisory Board Minutes February 10, 2011 Page 4 of 4 -166- Federal FIN c O J If renewing, enter gaming permit et I !$?3 x b !Phone number 1 ..Fa nuro I '7 225.3 r..j1jG 19a "7 .273 3 Social security number rc1 org m Can name K /h. a e .9-1 c I r C o n n e `c O I 'L /1 i Vienne address iOw 0:4 —t Sate AK dip 4 9t G ri 1anla �'O,��0 Entity type (check one) Organization type (check one) for definitions, see AS 05.15.690 and 15 AAC 160.995 .Corporation O Partnership O Assodation 0 Charitable i 0 civicorservice 0 Dog mushers'assodation O Educational O Fishing derbyassociarion 0 Fraternal 0 Police or fire department 0 tabor O Poetical 0 Municipality 0 Religious 0 Nonprofit trade a ssociation OVeterans 0 Outboard rnoior association 0 IRARiaftve village I Yes No Does the organization have 25 er more members who are Alas ga residents as defined in your articles of incorporation or bylaws? Plm ?rymemoet Pastname aVaid Pdmary n',ember last Han le ein tN Social security number Email H Daytnmephone number :2 3 '7 2 7a Mobile number Home mailing address 3S1 5tin ;r pJ 07 dryp t� C..o- ,1�ti State Zip +4 AK riii S, Has the primary member passed the test) Oyes 0 No permit N under which lesiwastaken harlot: mss br V tv'a't w- MAR 1 M,I Rise petxmember last name 1 v r Ci Fnbai seenh osnb2! Oaf ime phone number 0'7,. ete 3 7 7/ obiie number 7 Home mailing address it 30r t agl /?se City r e- I State 1 AK Zip t4 q9G r a Has are alternate member gassed theneste (ID's ONci Permit e under which test was taken 3 wricalmi' MAR 1 7 11 Dare ea p I Prrary$em Per I (1 8's Printed !mime Da re Preside @ro P a`flcers.rnat D retie Prat me Date Abe ate M er in Gorge's signature GCt "r Printed nenee Vu gtnra 0 �r�.� o at= 'r Manager of Gant signature Printed name Da te 2011 Alaska Gaming Permit Application Organization Information Mail to Alaska Department of Revenue Tax Division PO Box 110420 Juneau, AK 99811 -0420 Phone (907)465 -2320 Fax (907)465 -3098 Prwwtax.alaska.got /gaming 826 Retain a copy for your records Der ar a RECEIVED Members in Charge of Games Members in charge must be neural persons and active members of the organization, or employees of the munidpahty, and designer hr the oroaniaari n.Membets in a registered vender or en employee of a vendor for organization. If more than one alternate, attach a separate elem. se may not be Ikensed 826 operamr, Legal Questions These questions must be answered. If you answer Yes to either question, see instructions. Oyes ONo Does any member of management o any pe rson who is responsible for gaming ❑'Ye --Has any rrn'ber of management or any person who is msponsible roc gaming activities have a prohibited conflict of interest asdefinedby1 AA( 1(0.954? a tivitieseverb enconvicted extortion or aviolatienofa law or ordinance of this stoic, or another jurisdiction, that is a crime involving theft or dishonesty, or a violarlon of gambliinglaws? We declare, under penalyofoasworn falsification tharwefolic examined this apf fecot!on, inrilrdorg ony duo? ments, Otto PO( lot the 0C 0 011 knowledge and belief f? is tmemad complete. We understand that ay false statement mode on the application or any attachments e panlshob!efre law Bymrrignatwesbeidw, we the ewdenagr member, the alremote member, end r7 appiwble, the manger afgames, ogre toollow the DeportmentolPev¢nue romvieuw any mmina!liisrorywe meyhove, in acconlo ce with s. MC 160.9N. One copy of the application must be sent to the nearest municipality or borough. See instructions for mandatory attachments. Pay online with Of IS ar rrwwtax.a?askegov or make check payable to State of Alaska. New applicants roust pay by check. -167- Permit Fee the permit fee is based an 7010 estimated gross receipts. (heck the approonate dos. .dew applicant 520 7 $20,000 520 $20,001 $100,000 550 $100,001 or more S100 0405 -826 Rev 01111 (er Zn11 page (9ity name fra/ h /CIPy' beim6or Ce n•.btiiV Physical address I City 2 3 G1 5j -0.(A. -bet" C.t i 71 r t1e/ Gametype(s) State I,Z +4 AK I facilityy�t (check one) d Owned Oteased ODelarea Game type (check Il Chat apply) Mingo 'file DAM-tans 0 Animal cnssic(tckeer 0 Animal dassic(rat nce)" 0Sp cur draw raffle*" 0 Calcutta poor Manager nest name MI Aanager last name facility name Caytime phone numbe Physical addsess City ,State AK 0 Speoat draw raffle Zip +4 0 Calcutta pool facility type (check one) 0Owned Dammed DDonated Game type (check all that apply) 0 Bingo 0 Rate 0 Pull-nabs 0 Animal date (thicken 0 Mit I d (rat racey' ?MP permne name 1Fadlityname i Gametype(s) Physical address City 1 Stan ii p +4 Area Game type (c eck all that apply) ❑Raffle 0Cnnmst of skill ❑Fish derby 0 Dog mushars'contest 0 Clamiic(spetl(y's Area Game type (check all that apply) Raffle [(notes! of skid [Ash derby 0 Deg mushms`contess Classic (specify) Manager of Games Regal ed only for self- directed pull -tabs and bingo. Manager nest name MI Aanager last name Smial sec:udty number Caytime phone numbe H ome mailing address Email Mobile phone CI[y Stare Zip +4 Has the manager ofgantespssed the testa 0Y 0 H Permit 4 ender whlth test tak Vendor Information Attach 2011 vendor registration fomt( s) andfee (s) far each vendor listed be?ow. Bar or ileum store name Physic al address City State AK pip +4 Bar or liquor store name Physical adoress =itp Aare AK Zip a-4 Car or liquor stem name Physical a dress City State AK Zip +4 Bar or liquor store name Physical address City Statee tip +4 Bar or liquor stone name Physical address City State AK Ap -a 4 Org.acitaenname LL if\ mr Ccon» C er "k5 tea oaseq games of more than two a at a separ sh Gammn permitR 2011 ALASKA GAMING PERMIT APPLICATION �''J GAMES OF CHANCE AHD CONI ESES Of Stilt -based Games self directed) frnnrethantwn aGilltiea a tamaseoala;es;heet Operator Information Designate operator who will conduct activities on the organisation's behal Opecattn license r P address Multi beneficiar Permittee Information (MBP) Desinna the MR ?with which the or nos si z pattnershia o j o i nt ventu aoreemenr 826 Attach signed operating contract(s). if more than one operato Operator Facility name City -168- State tack a separate sheet. Game type(sl 1 hp +4 826 Dedication of Net Proceeds Describe in deta organization will use tire net proceeds from gaming activiti s. -ed 4-Vro,v ra, F 7 r e C 'f r n c Go e "y V S2�rn rC 't0 r, rid J t s <rV r of i t{`+ )41.0, r a1 cep.^ C tm� -cA^ n 44^t 4 4- k C.U^c D1• C✓ Y"f 17i /V/ t7 n�11F" 9 ery -cea r'd i C C d v c n" A h .r d —c ff n' p j M'.'_ c e ■b& e l¢) e/ a C 1-al (ni n n, t. 4,2-e C y-r4r, ek t# r 4/n yz..br a ;e. s Retain a copy for your records 0405 -826 Re401 /11 ice 2n11 page 2 NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above referenced meeting. 1. Resolution No. 2011 -24 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.070. 2. 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. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and. /or resolutions may have been amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: March 18, 2011 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE KENAI CITY COUNCIL MEETING OF MARCH 16, 2011 AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 16, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://wwwoi.kenaiok.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 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 D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however /70 single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. 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. 2, 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. 3. *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 F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *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. 4. *Ordinance No. 2541 -2011 Increasing Estimated Revenues and Appropriations by 56,118.50 in the General Fund Police Department for State Bureau of Highway Patrol Grant Funds. 5. *Ordinance No. 2542 -2011 Increasing Estimated Revenues and Appropriations by 53,519.20 in the General Fund Police Department for Sexual Assault Response Team Examination (SART Exam) Reimbursements From the State of Alaska. 6. *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. *Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by $60,000 in the Cemetery Improvements Capital Project Fund. 8. *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. 9. Action /Approval Assignment of Right -of -Way Permit ADL 26738 /From Marathon Oil Company to Kenai Nikiski Pipeline, LLC (a Subsidiary of Marathon Oil Company). 10. Action /Approval Assignment of Lease /Tract C, Kenai Tidelands No. 2 from Ocean Beauty Seafoods, LLC to Pacific Star Seafoods, Inc. 1. DiscussionlAction Skyview Mock Trial Team /State Champions Request for Support to Attend National Mock Trial Competition. 2. Discussion Beekeeping Ordinance Update. 13. Discussion Development of Drift Boat Pull -Out. 14. Discussion Amendment to City Code Regarding Board, Commissions and Committees and Council on Aging. EXECUTIVE SESSION None Scheduled, ITEM M: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http: /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D/211 NOTICE OF PUBLIC HEARING MARCH 16, 2011 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. Resolution No. 2011 -24 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 2. 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. 3. *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) The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adoption without further public notice. Carol L. Freas, City Clerk Posted: March 11, 2011 Carol Freas From: Krista Stearns Sent: Thursday, March 10, 2011 5:48 PM To: Carol Freas Cc: Jacqueline \/anHa8en; Christine Cunningham Subject: beekeeping Attachments: beekeaping»od.mennD31011.pdf aoo|� Attached is a memo I drafted to accompany the memo from Marilyn to me on the beekeeping. Att6[ discussion with Christine, then with you, talked again with Christine and she a[so said she preferred that the matter be set as a discussion item (not for ordinance consideration). Christine and ialso thought 8 cover memo from 008ov0o|d make sense since Marilyn's memo is to me |a|SO think that what we need is procedural c(arification due to the unorthodox motion (mostly closely a motion 10 reter to committee or to postpone untU after an event occurred) and it makes sense that ask for that m3 the parliamentarian type_ Jacqueline will bring the origiria memo to you Friday morning. t shouki be placed in front 0fthe memo I gave you on Thursday (today) from MarUyn to me. Let me know if you have any questions. Thanks for your patience 80 this. Lots of ast-rninute action and decisions. Krista Kdsta S. Steams City Attorney Gity of Kenai 210Fido|yoAvenue Kenai AK 99611 Tel. 907 283-8225 Fax 907 283-3014 CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged information. The inforrnaUon is intended for the use of the indivdua or entity narned above. ft you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking any action based on the contents of this electronic mo|! is strictly prohibited. if you have received this electronic mail in error, please contact sender and delete all copies. Nthe of KENAI ALASKA ��r MEM "Village with a Past, C with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 FAX: 907 283 -3014 o: TO: Mayor Porter and City Councilors CC: Rick Koch, City Manager; Marilyn Kehschull, City Planner FROM: Krista S. Stearns, City Attorney DATE: March 10, 2011 SUBJECT: Beekeeping Ordinance Update, Ordinance No. 2537 -2011 This is to update the Council regarding the Ordinance No. 2537 -2011 and to obtain further guidance from the Council to facilitate its further consideration of the ordinance. At the February 16, 2011 City Council meeting, the Council referred draft Ordinance No. 2537 -2011 to the Planning Zoning Commission (Commission) for further review. The Commission took up the matter at a work session and regular meeting on March 9. It recommends changes be made to the proposed ordinance. Those changes are identified on the attached memorandum from the City Planner to me. Based upon the motion to refer the matter to the Commission, Ordinance No. 2537 -2011 should be returned to on the City Council Agenda at the April 6 meeting. In discussion the motion to refer the matter to the Commission, the Council suggested that when the matter again came before the Council, the Council would conduct a second public hearing. Please confirm that this is the Council's intent. Holding a second public hearing is not always required under Robert's Rules of Order after referral to committee or after amendment. This decision affects how the matter is included on the Agenda. Also, would the Council like to see a substitute ordinance including some or all of the Commission's recommendations? In making this request, 1 am looking for general direction from the Council to help guide the Council's further consideration of this ordinance. I do not expect, nor would it be procedurally appropriate, for any Council Member to commit to a position on any specific language or idea. That should be reserved for consideration of the ordinance itself. UNITED STATES OF AMERICA, STATE OF ALASKA Denise Reece being fast duly sworn, on oath deposes and says: That am and was at all times here in this affzdavtt mentions, Supervisor I,egals of the Peninsula Clarion, a news paper of general circulation and published at Kenai, Alaska, that the Council Agenda X 2di 2L_ SUBSCRIBED AND SWORN it NOTARY PUBLAC in favorfo State of Alaska. My Conntnission expires PUBLISHER'S AFFIDAVIT 26- Aug -12 PO #93476 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: March 14, 2011 2011 AGENDA KENAI CITY COUNCIL REGULAR MEETING MARCH 16, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) 1. Bryan Zak, Alaska Small Business Development Center Program Update /Celebrating 25' Anniversary 2. Dennis Barnard Twin Cities Raceway Noise Problem ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) 1. Resolution No. 2011 -24 Declaring Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7,15.060. 2. 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. 3 *LIQUOR LICENSE RENEWALS Roy Dale Howard, d /b /a Kenai Joe's (Beverage Dispensary, License No. 626) D E Investments, dlb /a The Bow (Beverage Dispensary, License No. 1312) ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3 *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. 4 *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. 5 *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. *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. *Ordinance No. 2544 -2011 Increasing Estimated Revenues and Appropriations by $60,000 in the Cemetery Improvements Capital. Project Fund. 8. *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 Fence and Making Technical Corrections. 9. Action /Approval- Assignment of Right-of-Way Permit ADL 26738/From Marathon Oil Company to Kenai Nikiski Pipeline, LLC (a Subsidiary of Marathon Oil Company). 10. Action /Approval Assignment of Lease/Tract C, Kenai Tidelands No. 2 from Ocean Beauty Seafoods, LLC to Pacific Star Seafoods, Inc. 11. Discussion /Action Skyview Mock Trial Team /State Champions Request for Support to Attend National Mock Trial Competition. 12. Discussion Beekeeping Ordinance Update. 13. Discussion Development of Drift Boat Pull -Out. 14. Discussion Amendment to City Code Regarding Board,' Commissions and Committees. and Council on Aging EXECUTIVE SESSION None Scheduled. ITEM M: ADJOURNMENT The public is invited to attend and participate Additional information is. available through the City Clerk's office at 210 Fidalgo Avenue, or visit our'. website at http: /www.ci.kenai.ak.us. Carol L. Freas, City Clerk D624/2