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Home My WebLink About2012-03-07 Council PacketA +-, Council Meeting Date: 0A L' , 9 z o I �)-- Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KS , Mellish & Schmidt pick up their packets in the Clerk's Office Cit .r;�rrrr ., C ar � , , SRM Finance Mellish Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KS , Mellish & Schmidt pick up their packets in the Clerk's Office COUNCIL MEETING OF: ecpi 0 M S V Mayor PORTER CM BOOKEY CM BOYLE CM BOYLE .` CM GABRIEL '_ CM GABRIEL m VM MARQUIS CM MOLLOY VM MARQUIS CM MOLLOY CM NAVARRE CM NAVARRE SR DALY SR DALY CM NAVARRE a Page M S V Mayor PORTER CM BOOKEY CM BOYLE CM BOYLE .` CM GABRIEL , CM GABRIEL m VM MARQUIS Ut `\ CM MOLLOY VM MARQUIS CM MOLLOY CM NAVARRE CM MOLLOY SR DALY SR DALY CM NAVARRE a SR DALY Page M S V Mayor PORTER CM BOOKEY CM BOYLE .` CM GABRIEL , VM MARQUIS Ut `\ CM MOLLOY CM MOLLOY CM NAVARRE CM NAVARRE SR DALY SR DALY Page M S !/ Mayor PORTER CM BOOKEY CM BOYLE .` CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY CM BOYLE' .` CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY CM BOYLE .` CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY COUNCIL MEETING OF: „? M S IV Mayor PORTER IV CM BOOKEY �. CM BOYLE CM GABRIEL 1” } VM MARQUIS __ „T CM MOLLOY 'y CM NAVARRE SR DALY Page M S IV Mayor PORTER °4 CM BOOKEY �. CM BOYLE CM GABRIEL Uat` \° 1” } VM MARQUIS __ „T CM MOLLOY 'y CM NAVARRE SR DALY Page M S IV Mayor PORTER °4 CM BOOKEY \jfr �. CM BOYLE CM GABRIEL 1” } VM MARQUIS __ „T CM MOLLOY 'y CM NAVARRE SR DALY Page M S IV Mayor PORTER °4 CM BOOKEY �. CM BOYLE CM GABRIEL 1” } VM MARQUIS __ „T CM MOLLOY2 'y CM NAVARRE SR DALY M S IV Mayor PORTER CM BOOKEY �. CM BOYLE CM GABRIEL 1” } VM MARQUIS CM MOLLOY 'y CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY t "i CM BOYLE CM GABRIEL 1” } VM MARQUIS CM MOLLOY CM NAVARRE SR DALY COUNCIL MEETING OF: 1 Q M M S A( Mayor PORTER CM BOOKEY- CM BOYLE , CM GABRIEL - -_ VM MARQUIS N CM MOLLOY CM NAVARRE =gip SR- D LY - °- -,.- ---------\.. 1 Q M M S V Mayor PORTER CM BOOKEY CM BOYLE , CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE =gip SR DALY -J - - ---------\.. 1 Q M M S S Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR— D-AtY- -- - ---------\.. Page M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY MARCH 7, 2012 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET AGENDA: REQUESTED BY: ADD TO G -5: Discussion - Kenai Municipal Airport Tree City Clerk Obstruction Removal Project • Correspondence submitted by Les &, Susan Bradley Members of the Council: Tonight you will discuss the "tree situation" and vote on funding for the removal program. That makes this a very important meeting. An option that could alleviate the need to cut any trees and still meet the FAA requirements deserves closer inspection. Moving the threshold at the south end of the runway 1,600' to the north would do both. The cost of this has been mentioned as $15 million. Currently the tree removal figure is at 56 million. But ongoing trimming and planting which will extend ad infinitum could easily top the 515 million. An added benefit would be the lessening of noise and air traffic hazard potential over the Old Town area. If the airport grows - as it should - this becomes an even greater benefit. We urge you to consider this. Thank you. Les and Susan Bradley 1. Pledge of Allegiance 2. The National Anthem by Olivia Brewer of the Central Peninsula Girl Scouts 3. Roll Call 4. Agenda Approval 5. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *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. 6. Proclamation Presentation "Girl Scout Week, March 11 -17, 2012" .............. Pg 1 * Scheduled 10 Minute Recess B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No, 2609 -2012 - Authorizing a Budget Transfer in the General Fund and Increasing Estimated Revenues and Appropriations by $100,000 in the Trails Construction Capital Project Fund .......................... Pg 3 2. Resolution No. 2012 -12 - Approving a Contract to Wolf Architecture, Inc. for Kenai Public Works Equipment Maintenance Shop Design Services for the Total Amount of $98, 346. 00 ............... ............................... Pg 7 3. Resolution No. 2012 -13 - Authorizing a Budget Transfer of $18,714 into the General Fund for Building Department Repair and Maintenance... Pg 9 4. Resolution No. 2012 -14 - Declaring the 1981 GMC 10 Yard Dump Truck and the 1990 Ford L9000 10 Yard Dump Truck to be Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060..... Pg 11 City of Kenai Council Meeting Agenda Page 1 of 4 March 7, 2012 5. Resolution No. 2012 -15 - Urging the United States Congress to Pass Legislation to Open the Coastal Plain of the Arctic National Wildlife Refuge (ANWR) to Oil and Gas Exploration, Development and Production... Pg 13 6. Resolution No, 2012 -16 - Authorizing the Purchase of a Motorgrader from NC Machinery for the Total Amount of $ 339, 740 . ............................... Pg 17 1. *Regular Meeting of February 15, 2012 ........................ ............................... Pg 29 1. Action /Approval - Assignment of the Facility Management Agreement between the City of Kenai and the Kenai Convention and Visitors Bureau, Inc............................................................................... ............................... Pg 39 s 1. Action /Approval - Bills to be Ratified ......................... ............................... Pg 69 2. Action /Approval - Purchase Orders Exceeding $15, 000 ............................ Pg 71 3. Action /Approval - Amendment to Facility Management Agreement Between the City of Kenai and Beacon Occupational Health and Safety Services, Inc. to Manage and Operate the Alaska Fire Training Center Ownedby the City ....................................................... ............................... Pg 73 4. Action /Approval - Grant of Easement to the City of Kenai for a Non- exclusive Right -of -Way and Utility Easement for use for General Government Purposes of an Approximately 9,754 Square Foot Public Use Roadway Located Within the Northwest 1/4 Northwest 1/4 of Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska ...................... Pg 79 5. Discussion - Kenai Municipal Airport Tree Obstruction Removal Project. 6. *Approval of Liquor License Renewals • American Legion Post #20 ...................................... ............................... Pg 85 • Fraternal Order of Eagles # 3525 ............................. ............................... Pg 87 • Pizza Hut ............................................................... ............................... Pg 89 7. *Ordinance No. 2610 -2012 - Amending Kenai Municipal Code 14.22.010, "Land Use Table," to Allow Bed and Breakfast in the Recreation Zone (R) as a Permitted Use instead of Requiring a Conditional Use Permit ................................................ ............................... Pg 91 City of Kenai Council Meeting Agenda Page 2 of 4 March 7, 2012 5. Parks and Recreation Commission 6. Planning and Zoning Commission ................................ ............................... Pg 165 7. Beautification Committee ............................................. ............................... Pg 171 � � * . 1. City Manager ............................................................... ............................... Pg 173 2. City Attorney 3. City Clerk .................................................................... ............................... Pg 183 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. M. PENDING ITEMS 1. Ordinance No. 2597 -2011 - Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS 1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. [Clerk's Note: At its November 16, 2011 meeting, Council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process.] � 1. Purchase Orders between $2,500 and $15,000 for Council Review ............. Pg 185 2. Budget Transfer in Capital Projects in Excess of $5,000 - None 3. Planning & Zoning Commission Application Submitted by Jake Arness ..... Pg 187 4. Correspondence from Lieutenant Governor Mead Treadwell Regarding the Alaska Historical Commission ...................................... ............................... Pg 189 The agenda and supporting documents are posted on the City's website at wtvw.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907- 283 -7535 ext 231. City of Kenai Council Meeting Agenda March 7. 2012 8. *Ordinance No. 2611 -2012 - Amending Section 14.20.150, "Conditional Use Permits," to Expand the Authority of the Planning & Zoning Commission to Consider Requests for Extensions of Permits in Situations Where the Conditional Use Permit has Lapsed or Expired Due to Non - Use; to Extend the Time for Extensions from 6 Months to up to One (1) Year Each; and, to Provide an Express Appeal Process ............................... Pg 107 9. *Ordinance No. 2612 -2012 - Amending Section 14.20.145, "Recreation Zone (R)," to Incorporate Changes to the Land Use Table (KMC 14.22.010) Regarding this Zoning District for Purposes of Consistency and to Make Format Changes for Purposes of Uniformity within the Kenai Zoning Code, KMC 14. 20 ................................... ............................... Pg 125 10. *Ordinance No. 2613 -2012 - Amending Kenai Municipal Code Section 1.25.020, "Duties," to Include the City Clerk as Parliamentarian to the City...... ........................................................................ I ................. I............ Pg 133 11. *Ordinance No. 2614 -2012 - Amending Kenai Municipal Code Sections 1.15.120, "Rules of Order" and 1.90.050, "Proceedings," to Adopt Robert's Rules of Order Newly Revised, i lth Edition, as the Rules of Parliamentary Procedure for the City Council and for City Boards, Commissions, and Committees .................................... ............................... Pg 137 12. *Ordinance No. 2615 -2012 - Increasing Estimated Revenues and Appropriations in the General Fund and Congregate Housing Enterprise Fund for Insurance Proceeds and Federal /State Emergency Management Funds for the Repair of City Facilities Damaged During the Severe Winter Storm on November 16, 2011 ...................................... ............................... Pg 141 13. *Ordinance No. 2616 -2012 - Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for the Obstruction Tree Removal Project ............ ............................... Pg 145 14. *Ordinance No. 2617 -2012 - Amending Kenai Municipal Code Section 23.25.060, "Overtime," to Clarify the Overtime Rate Paid to Temporary Employees and Making Technical Corrections ............. ............................... Pg 153 15. *Ordinance No. 2618 -2012 - Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund for the Police Department to Purchase a Ford F -150 and Accompanying Police Accessories from Insurance Proceeds to be Received from the At Fault Driver's Coverage ......................................................... ............................... Pg 159 1. Council on Aging .......................................................... ............................... Pg 163 2. Airport Commission 3. Harbor Commission 4. Library Commission City of Kenai Council Meeting Agenda Page 3 of 4 March 7, 2012 11 r J 4 -e i WHEREAS, March 12, 2012, marks the 100th anniversary of Girl Scouts of the USA, which began in 1912 when Juliette Daisy Gordon Low gathered 18 girls in Savannah, Georgia, to provide them the opportunity to develop physically, mentally, and spiritually; and, WHEREAS, for 100 years, Girl Scouting has helped build millions of girls and women of courage, confidence, and character who act to make the world a better place; and, WHEREAS, the award - winning Girl Scout Leadership Program helps girls discover themselves and their values, connect with others„ and take action to make the world a better place; and, WHEREAS, the Girl Scout Gold Award, the highest honor in Girl Scouting, requires girls to make a measurable and sustainable difference in their community and honors leadership in the Girl Scout tradition; and, WHEREAS, core programs around Science, Technology, Engineering, and Math (STEM`, environmental stewardship, healthy living, financial literacy, and global citizenship help girls develop a solid foundation in leadership; and, WHEREAS, through the dedication, time, and talent of thousands of volunteers of different backgrounds, abilities, and areas of expertise, in 2011 the Girl Scout Program was delivered to more than 6000 girls in grades K -12 across the state of Alaska; and, NOW, THEREFORE, 1, PAT PORTER, MAYOR OF THE CITY OF KENAI, ALASKA, do hereby applaud Girl Scouts for'100 years of leadership and community service to our "Country, "State, and City and proudly proclaim March 11-17,2012, as S C 0 UT WEEK in the City of Kenai DATED: This 7th day of March, 2012—,. PAT PORTER, MAYOR ATTEST: ,A A 00j Sa atIAodigh 'MC \. tl ec ai City Clerk THIS PAGE IS INTENTIONALLY LEFT BLANK ry \\ Phc city of !/ Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER IN THE GENERAL FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $100,000 IN THE TRAILS CONSTRUCTION CAPITAL PROJECT FUND. WHEREAS, $100,000 was appropriated for Central Heights street lighting upgrades as part of the FY2012 Budget; and, WHEREAS, subsequent to passage of the FY2012 Budget, the City received a State of Alaska Grant for roadway improvements for which Central Heights street lighting upgrades would be an eligible project; and, WHEREAS, utilization of grants funds for Central Heights street lighting upgrade will allow the original $100,000 to be redirected to a trails construction project in the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfer be made: General Fund - Non - Departmental Decrease: Transfer to Central Heights Street Lighting Capital Improvement Fund $100,000 Increase: Transfer to Trails Construction Capital Project Fund 5100,000 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Trails Construction Capital Project Fund Increase Estimated, Revenues: Transfer In - General Fund Increase Appropriations: Construction $100,000 $100,000 New Text Underlined; [DELETED TEXT 3 Ordinance No, 2609 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of March, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: - - ?- New Text Underlined; n PAT PORTER, MAYOR Introduced: February 15, 2012 Adopted: March 7, 2012 Effective: March 7, 2012 TEXT BRACKETED) " "Villa e with a Past Ci° tvdk a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 ext 221 / FAX: 907 -283 -3014 Wo: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: February 9, 2012 Re: Ordinance 2609 -2012 Per your request I have prepared Ordinance 2609 -2012 which will redirect $100,000 previously appropriated to Central Heights Street Lighting Upgrades to trails construction. The ordinance will also appropriate the $100,000 in the Trails Improvement Capital Project Fund, Subsequent to passage of the FY2012 Budget the City received a State of Alaska grant for municipal roadway improvement. The lighting upgrade in Central Heights is an eligible project and utilizing these grants funds rather than the previously appropriated General Fund monies will allow for redirection of the General Funds to the planned trail construction project. If Ordinance 2609 -2012 is approved, trail construction is planned for this coming summer. THIS PAGE IS INTENTIONALLY LEFT BLANK KEN \vLASKA Suggested by: Administration fNM�l'AI[IAtC�7lirCs►�] +1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO WOLF ARCHITECTURE, INC. FOR KENAI PUBLIC WORKS EQUIMPMENT MAINTENANCE SHOP DESIGN SERVICES FOR THE TOTAL AMOUNT OF $98,346.00. WHEREAS, the contract will provide professional planning and architectural services through schematic (35 %) design for the preparation of an assessment of the Kenai Public Works Equipment Maintenance Shop Design Services; and, WHEREAS, proposals were received from Bezek Durst Seiser, Bettisworth North Architects and Planners, USKH, RIM Architects, Great Northern Engineering, LLC, Architects Alaska, Inc., and Nvision Architecture, Inc on February 2, 2012; and, WHEREAS, the recommendation from the Public Works Selection Committee and City Administration is to award the contract to Wolf Architecture, Inc. for the total cost of $98,346.00; and, WHEREAS, the award of a contract to Wolf Architecture, Inc., as the highest ranked proposer for this project would be in the best interest of the City; and, WHEREAS, the fee proposal submitted by Wolf Architecture, Inc. is within the range estimated by the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for Kenai Public Works Equipment Maintenance Shop Design Services be awarded to Wolf Architecture, Inc. for the total amount of $98.346.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Seventh day of March, 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: "VEllaae wA a Past Gc w tk aFrgtare ®r Past, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 1991 TO: City Council FROM: Rick Koch DATE: March 1, 2012 SUBJECT: Resolution 2012 -12, Award on a Professional Services Contract to Wolf Architecture, Inc, for Design Services for a New City Heavyll_ight Equipment Maintenance Shop The purpose of this correspondence is to recommend that the City Council approve Resolution 2012 -12 awarding a professional services contract to Wolf Architecture, Inc. The City received proposals for the design of a new city shop on February 2, 2012. A selection committee comprised of individuals from the Finance Department, Public Works Department, and the City Manager's office reviewed and scored the proposals based on the ranking criteria contained in the Request for Proposals (RFP). Two firms, Wolf Architecture, Inc., and McCool- Carlson - Green, were selected to make presentations to the selection Committee. Based on the presentations /interviews the selection committee unanimously selected Wolf Architecture, Inc. as the highest ranked design firm proposing on this project. No fee proposals were opened prior to the selection of a highest - ranked proposer. The fee proposal of Wolf Architecture was determined to be within a reasonable range for the work and consistent with the City's independent cost estimate. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. 0 mu CITY OF KENa3I Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER OF $18,714 INTO THE GENERAL FUND FOR BUILDING DEPARTMENT REPAIR AND MAINTENANCE, WHEREAS, the department experienced unanticipated repairs; and, WHEREAS, the Building Department Repair and Maintenance budget is depleted and not sufficient to cover the estimated cost through the end of FY2012; and WHEREAS, funds are available for transfer in the Building Department Buildings account due to projects being completed under estimated cost. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: From: Building Fund Building Department - Buildings $18,714 To: Building Fund Building Department - Repair and Maintenance $18,714 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of March, 2012. ATTEST: Sandra Modigh, City Clerk I Approved by Finance: PAT PORTER, MAYOR N I'Wlaye wA a Pasf, Ci A a Future 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 fl Telephone: (907) 283-7535, Ext. 236! FAX: (907) 283-3014 1992 DATE: February 29, 2012 SUBJECT: Buildings Budget Transfer Rick, The account 001 - 434 -4538 for Buildings Repair and Maintenance has been exhausted. This is due in part to unforeseen major expenditures resulting from the City Hall baseboard heater leaks after the November 16' power outage, repairs on the Public Safety Building and Recreation Center air handlers, the overhead door repairs and replacement at the Maintenance Shop, and overhead door painting at the Fire Department. I propose to replenish the Repair and Maintenance account by transferring the surplus monies from the Recreation Center painting ($9,938) and KPD Dispatch flooring ($5,526) projects, as well as the money budgeted to paint the Dock restroom ($3,250.) The total amount proposed to be transferred from 001 -434- 8062 Buildings "Building" to 001-434-4538 Buildings "Repairs and Maintenance" is $18,714. We Suggested by: Administration RTFWAPINKIRM A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THE 1981 GMC 10 YARD DUMP TRUCK AND THE 1990 FORD L9000 10 YARD DUMP TRUCK TO BE SURPLUS OR OBSOLETE, AND TO BE SOLD AS PROVIDED IN KENAI MUNICIPAL CODE 7.15.060. WHEREAS, the 1981. GMC 10 Yard. Dump Truck and the 1.990 FORD L9000 10 Yard Dump Truck are no longer needed by the City of Kenai; and, WHEREAS, Kenai Municipal Code 7.15.060 allows the sale of surplus or obsolete equipment, supplies and materials by auction, competitive sealed bid or an internet sales process; and, WHEREAS, a competitive sealed bid auction or internet sales process are reasonable and acceptable means of disposal of surplus and obsolete city property; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 1981 GMC 10 Yard Dump Truck and the 1990 Ford L9000 10 Yard Dump Truck to be declared obsolete, and the items are to be sold as provided in KMC 7.15.060. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA., this Seventh day of March, 2012. ATTEST: Sandra Modigh, City Clerk 11 PAT PORTER, MAYOR w rqAT" TO: Rick Koch, City manager FROM Sean Wedemeyer, Public Works Director ��v✓ DATE: March 1, 2012 Please see attached Resolution No. 2012 -14, The 1981 GMC 10 Yard Dump Truck and the 1990 Ford L9000 10 Yard Dump Truck are no longer needed by the City of Kenai. The dump trucks are over 20 years old. Replacement parts are no longer available for the 1990 Ford L9000 10 Yard Dump Truck. The City of Kenai recently purchased two 1999 10CY End Dump Truck from Norris and Sons Contractors at $30,000 each. 12 Suggested by: Councilor Gabriel Councilor Navarre A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, URGING THE UNITED STATES CONGRESS TO PASS LEGISLATION TO OPEN THE COASTAL PLAIN OF THE ARCTIC NATIONAL WILDLIFE REFUGE (ANWR) TO OIL AND GAS EXPLORATION, DEVELOPMENT AND PRODUCTION. WHEREAS, in 16 U.S.C. 3142 (sec. 1002 of the Alaska National Interest Lands Conservation Act (ANILCA)), the United States Congress reserved the right to permit further oil and gas exploration, development and production within the coastal plain of the Arctic National Wildlife Refuge; and WHEREAS, the oil industry, the State of Alaska, and the United States Department of the Interior consider the coastal plain to have the highest potential for discovery of very large oil and gas accumulations on the continent of North America, estimated to be as much as ten billion four hundred million (10,400,000,000) barrels of recoverable oil, and, WHEREAS, oil and gas exploration and development of the coastal plain of the refuge and adjacent land could result in major discoveries that would reduce our nation's future need for imported oil, help balance the nation's trade deficit and significantly increase the nation's security; and, WHEREAS, the nation's future energy independence would be enhanced with additional natural gas production from the North Slope of Alaska, including what is expected to be significant gas reserves in the Arctic National Wildlife Refuge, and the development of those reserves would enhance the economic viability of the proposed Alaska Natural Gas Pipeline; and, WHEREAS, demand for domestic oil continues to rise while domestic crude production continues to fall, with the result that the United States imports additional oil from foreign sources; and, WHEREAS, development of oil at Prudhoe Bay, Kuparuk, Endicott, Lisburne, Ooguruk, Alpine and Milne Point has resulted in thousands of jobs throughout the United States, and projected job creation as a result of coastal plain oil development will have a positive effect in all fifty (30) states; and WHEREAS, Prudhoe Bay production isdeclining, and the Trans _Alaska Pipeline System is operating at only one -third (1/3) of its 1988 peak throughput; and, 13 WHEREAS, the Trans - Alaska Pipeline System, a transportation facility that is a national asset and that would cost billions of dollars to replace, would have its useful physical life extended for a substantial period if the additional reserves of recoverable oil from the coastal plain were produced; and, WHEREAS, wh le new oil field developments on the North Slope of Alaska, such as Alpine, Northstar, Lisburne, Ooguruk and West Sak, may temporarily slow the decline in production, only giant coastal plain fields have the theoretical capability of increasing the production volume of Alaska oil to a significant degree; and, WHEREAS, opening the coastal plain of the Arctic National Wildlife Refuge now allows sufficient time for planning environmental safeguards, development and national security review; and, WHEREAS, the one million five hundred thousand (1,500,000) acre coastal plain of the refuge makes up only eight percent (8 %) of the nineteen million (19,000,000) acre refuge, and the development of the oil and gas reserves in the refuge's coastal plain would affect an area of two thousand (2,000) acres or less, which is less than one - half of one percent (0.5 %) of the area of the coastal plain, or one one- hundreth. of one percent (0.01 %) of the refuge; and, WHEREAS, eight million nine hundred thousand (8,900,000) of the nineteen million (19,000,000) acres of the refuge have already been set aside as wilderness; and, WHEREAS, the oil industry has shown at Prudhoe Bay, as well as at other locations along the Arctic coastal plain, that it is capable of conducting oil and gas activity without adversely affecting the environment or wildlife populations; and, WHEREAS, the Central Arctic Caribou herd has increased from five thousand (5,000) animals in 1975 to over sixty -six thousand (66,000) animals in recent years, during oil exploration, development and production at Prudhoe Bay and Kuparuk; and, WHEREAS, the State of Alaska is committed to ensuring the continued health and productivity of the Porcupine Caribou herd and the Central. Arctic Caribou herd, and the protection of land, water and other wildlife resources during the exploration and development of the coastal plain of the Arctic National Wildlife Refuge, and WHEREAS, the oil and gas industry has developed directional drilling technology that will allow horizontal drilling in a responsible manner thereby minimizing the development footprint within the Arctic National Wildlife Refuge, and this directional drilling technology may be capable of drilling from outside of the boundaries of the 1002 study area; and, WHEREAS, the oil industry is using innovative technology and environmental practices in the new field developments at Alpine and Northstar, and those techniques are directly applicable to operating on the coastal plain and would enhance environmental protection beyond traditionally high standards; and, WHEREAS, the City of Kenai will benefit both directly and indirectly from oil and gas development on the coastal plain through a potential increase in revenues to the 14 Alaska Permanent Fund, Community Revenue Sharing, and increased State revenues to support capital projects; and, WHEREAS, many City of Kenai residents already employed in the oil and gas industry in the Cook Inlet Basin and on the North Slope will enjoy enhanced and new employment opportunities as will future generations of citizens in our community; and, WHEREAS, the Kenai Peninsula College has ongoing educational programs in oil and gas instrumentation, process engineering and related fields to prepare Alaskans for employment in the oil and gas industries, and who will benefit from development in the coastal plain, and, WHEREAS, the Speaker of the Alaska House of Representatives, Mike Chenault and other Alaska legislators have recently testified before Congressional Committees urging that Congress enact legislation to open the coastal plain of the Arctic National Wildlife Refuge to oil and gas exploration, development, and production; and, WHEREAS, the United States House of Representatives has voted twelve times to open the coastal plain of the Arctic National NATildlife Refuge to oil and gas exploration, development, and production, most recently passing H.R. 3048 by a bipartisan vote of 237 -187. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1. That the Kenai City Council supports the State of Alaska in urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge to oil and gas exploration, development and production, and that the Kenai City Council is opposed to further wilderness or other restrictive designation in the area of the coastal plain of the Arctic National Wildlife Refuge. Section 2. That the Kenai City Council supports the State of Alaska, in urging that energy exploration and production activities be conducted in a manner that protects the environment and the naturally occurring population levels of the Porcupine Caribou herd and the Central Arctic Caribou herd on which the Gwich'in and other local residents depend, that uses directional drilling and other advances in technology to minimize the development footprint in the 1002 study area. Section 3. That the Kenai City Council supports the State of Alaska in opposing any unilateral reduction in royalty revenue from exploration and development of the coastal plain of the Arctic National Wildlife Refuge and any attempt to coerce the State of Alaska into accepting less than the ninety percent (90% of the oil, gas and mineral royalties from the federal land in Alaska that was promised to the State of Alaska at statehood. 15 Section 4. That the Kenai City Clerk transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress, to the Governor of the State of Alaska, and to the Senate President and to the Speaker of the House of the Alaska State Legislature. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of March, 2012. ATTEST: Sandra Modigh, City Clerk 16 PAT PORTER, MAYOR s Suggested, by: Administration rse ttv T CITY OF KENAI KENAI, ALASKA RESOLUTION NO. 2012-16 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE PURCHASE OF A MOTORGRADER FROM NC MACHINERY FOR THE TOTAL AMOUNT OF $339,740. WHEREAS, the City's existing 1988 motorgrader requires continuous repairs and has reached the end of its useful life; and, WHEREAS, KMC 7.15.050(fl provides for the purchase of supplies, materials, equipment or contractual service under the contract of another governmental agency in which the City is authorized to participate; and, WHEREAS, the City of Kenai has utilized the Alaska Department of Transportation & Public Facilitics' (ADOT /PF) fleet purchasing contracts on many occasions; and, WHEREAS, ADOT /PF has undertaken a life -cycle analysis in determining the lowest cost over the life of the equipment; and, WHEREAS, the ADOT /PF fleet purchasing contract expires in April of 2012, and the expectation is that the re -bid /re- negotiation will result in significantly increased pricing; and; WHEREAS, the purchase of a motorgrader from NC Machinery under the ADOT /PF fleet contract is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY TEE COUNCIL OF THE CITY OF KENAI, ALASKA, authorizes the purchase of a motorgrader from NC Machinery for the total amount of $339,79 0. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7 n day of March, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 17 PAT PORTER, MAYOR p; I6' �t7= Lc7imI1-0 Y141kIMiF11V /142ielWTO 7 M "Village with a Fast C# with a Fature /f 210 Fidalgo Avenue; Kenai, Alaska 99611 -7794 I.M.& , Telephone: 907 -283 -75351 FAX: 907 - 283 -3014 1111[' 1997 SUBJECT: Resolution 2012-16, Purchase of a New Caterpillar 140111 Motorgrader from The purpose of this correspondence is to recommend that the City Council approve Resolution 2012 -16 authorizing the purchase of a Caterpillar 140M motorgrader from NC Machinery. The equipment replacement schedule provides for the replacement of a 1988 120G motorgrader in FY2013 at an estimated cost of $303,598. The actual cost for a Caterpillar 140M with all wheel drive is $339,740.00 The State of Alaska Department of Transportation and Public Facilities, through a competitive process designed to determine the overall lowest cost through the life of the equipment, has in -place a contract with NC Machinery for the purchase of motorgraders. This term contract will expire in April 2012. The expectation is that the re- bid /re- negotiated term contract will include substantial price increases. The 1.988 1206 motorgrader currently owned by the City has reached the end of its useful life. The need for repairs is commonplace. If the City were to continue using this equipment, major reconditioning of all major operating systems would be required possibly costing up to $100,000, possibly extending its useful life by 10 years. The equipment proposed for purchase will reduce operational expenses and provide a useful life of 25 years or more. Attached is information provided by the City shop detailing the equipment, and the process by which the equipment was selected. W Thank you for your attention in this matter, if you have any questions please contact me at your convenience. LOT 1 CONTRACT CAI 500A0 MOTOR GRAD RS Rep NC Machinery Contract Start Date 4/19/10 6450 Arctic Blvd. Contract Expiration Date 4/18/2011 Anchorage, AK 99519 (Extension expire 411812093 if utilized) Qtv. Description MakelModed Price 0 Motor Grader, minimum 35,000 pound CAT 140M $ 260,019.00 0 Warranty, Year Two (2) Provides a 115 degree color camera mounted on the rear of the $ 2,040.00 0 Warranty, Year Three (3) $ 90.00 0 Supplemental Emergency Power Steering $ - 0 Tire Studs $ 972.00 0 Push Block CAT $ 3,318.00 0 Scarifier CAT $ 11,368.00 !! 0 Snow Wing, 12 Foot Henke $ 16,289,00' 0 Snow Plow (Multi- Directional) Kenke $ 26,512,00 0 Auto Lube System Bake Max $ 12,222.00 1 Training in Anchorage $ 1,000.00 0 Training in Fairbanks $ 1,500,00 0 Training in Juneau $ 1,500.00 S' 1 Diagnostic tools, Year One (1) $ 1,900.00 0 Diagnostic tools, Year Two (2) $ 1,900,00 0 Diagnostic tools, Year Three (3) $ 1,900,00 1 Oil Sampling, Year One (1) - REQUIRED $ 384.00 1 Oil Sampling, Year Two (2) - REQUIRED $ 384.00 1 Oil Sampling, Year Three (3) - REQUIRED $ 384.00 1 Publications — Per Set $ 825.00 0 Final Inspections — Per Person $ 1,000.00 Additional Options 1 Snow Wing, 12 Foot.. Not on Contract, Optional CAT $ 19,500.00 j 0 Snow Wing. 14 Foot, Not on Contract, Optional CAT $ 21,500.00 1 Heinke Snow Gate, Not On Contract, Optional Heinke $8,100 1 Heinke Nose Plow Attachment Heinke $11,300 0 INSTALLATION, ACCUGRADE READY $ 6,360.00 Allows the Motor Grader to be equipped with either a Cross Slope, Sonic, Laser, GPS, or ATS electronics kit. Provides cab switches, software, harnesses for sensors, mounting for sensors and blade mast bracket. 0 CAMERA, REAR VISION $ 2,380.00 Provides a 115 degree color camera mounted on the rear of the hood that is connected to a 7 inch (178mm) LCD color display mounted in the cab which shows the view behind the machine 0 AWD Option $ 33,814.00 PO TOTAL 21 Proposes! Street Department Grader It is the recommendation of the Shop Department to purchase a Cat 140M AWD grader off of the State Procurement Sight Contract #CA1500 -10. I have factored in many items to come to this recommendation. I do understand the Cat 140M AWD grader has a higher initial cost but over the useful life will result in a significant saving to the City of Kenai. 1. Parts currently in stock 2. Parts interchangeability between the City's current fleet of Cat graders and proposed grader. 3. Moldboard height increasing productivity by 10% 4. Throat(curve) of moldboard designed to roll the snow allowing increased fuel economy 5. The ability to adjust for wear in cylinders v/s replacing complete cylinders 6. Adjustable clutch to protect expensive repairs to Circle gears 7. Past experience with both NC Machinery and C.M.I. 8. Recommendation from City of Anchorage for Cat over the Volvo 9. Preference of State of Alaska equipment fleet manager 10. Resale value 11. Reduced cost in replacement parts over Volvo grader 12. Current mechanical experience with Cat graders 13. Parts stocked at Dealership Shop Foreman zarrish f 22 The following is from phone conversation between myself, Randy Parrish and persons listed below. City of Anchorage Shop Foreman Day Shift: Kevin 907 -343 -4838 The Cat Graders are by far more defendable year after year and with a lower operation cost. The Cat 340M grader with AWD has been great, no down time and no complaints. This winter every Volvo Grader has been in the shop multiple times, all are having the CIRCLE TURN PINION replaced at a cost of $1100 in parts 4 sets each so far for a cost of $4400 per machine, and we still have a few more months to go. Caterpillar utilizes a slip clutch to prevent damage. The City of Anchorage has 6 Volvo motors with problems resulting in replacing all 6 engines and most of those have gone back due to additional engine problems, examples (Anti -freeze in engine oil, biawn head gaskets, oil in anti - freeze). We have had long down times waiting on Volvo repair parts; most parts are not in stock and have to be ordered and flown in. CMI has a very limited parts inventory compared to the Caterpillar dealer. City of Anchorage is fortunate in having 2 fabricators that can make or repair some of the broken parts that are not stocked or parts having a long delivery time for the Volvo. City of Anchorage Volvo Grader's continues to have transmission failures and high noise level in operator station from transmission. On the Volvo Graders we continue to have "DEBRIS" floating around in the load sensing valve system, which control the hydraulic systems on the Volvo graders causing lack of steering and hydraulic functions. No real problems with the Cat graders just normal adjusting for wear and routine service. Union County Oregon Shop Foreman: Tie Halguard 541- 963 -1016 Union County has been having similar problems with the Volvo Graders. The State of Alaska Southwest and Kenai Peninsula District Equipment Manager: Dee Linton 907- 269 -5971 State of Alaska has been having problems with the circle turn pinion and transmission issues with the Volvo Graders. 23 Belowa are the following experiences of the Shop's interaction with NC Machinery and CM dealerships The City of Kenai has purchased equipment from both the Volvo dealer (Construction Machinery Incorporated) and Cat dealer (N.C. Machinery). N.C. Machinery The most recent purchase was the Cat 14M grader for the Airport. The 14M grader has been trouble free and service has been excellent in every aspect. NC Machinery has gone above and beyond what is required from them. Example, the training that the Shop received to work on the grader was not in- depth to the extent we felt like we needed to perform the maintenance that would be needed in the future. I, Randy Parrish, called Mile Lichter at NC Machinery and expressed our request to receive additional training. NC Machinery has set up an additional day of training in April with their Service Technician, Steve Rude, to go over all the troubleshooting procedures and computer diagnostic equipment received with the grader. It is a great asset to have a company that will follow through and go above what is required. Every time the City of Kenai's Maintenance Shop has called needing assistance NC has always had someone available to answer our question or returned our call in a short time. All of the City's graders currently in use are Cat graders and the parts currently stocked are Cat parts allowing a lower maintenance cost due to part interchangeability. NC Machinery stocks over 80% of all parts that are ordered. NC Machinery has a Service Technician, Steve Rude, that is stationed in the Kenai area most of the year. NC Machinery performs regular updates to the equipment without charge. C.M.I. (Construction Machinery Incorporated) Volvo grader does not meet State of Alaska contract CAIS00 -10 for a 35,000 class grader. Examples but not limited to: 7.1.3 Any ball joints and split bearings shall be provided with adequate means of taking up wear. Volvo no adjustments. 8.0 BLADE ASSEMBLY: 8.1 Moldboard: 8.1.1 Length: 14 feet. Blade extension(s) are not acceptable. 8.1.2 Minimum of 24 inches in height and minimum of 7f8 (0.875) inch thick. Height measurement is to be taken on outside of moldboard curvature (dimension does not include cutting edge). Volvo's moldboard is 2 inches shorter which results in a 10% decrease in work toad. 9.4 Circle drive system to have a relief mechanism to guard against damage caused by sudden impacts or shock loading at high speeds. Volvo's relief system does not allow for sudden impact during snow removal. 24 The most recent purchase from CMI was the Volvo L120E loader purchased 8/2010. During the purchase process to be included with the sale was on site training for the operator and mechanics. I have made several calls over the past 18 months relating to the training, as to this day training has not been scheduled. Most recent call was in January of this year with CMI's salesman during the conversation to discuss the purchase of a new Grader for the City of Kenai. C.M.I. has been very slow in producing a bid for a grader. Ordering parts is time consuming and expect parts out of stock or to be flown in and then reshipped to Kenai adding days before the unit can be placed back into service. Service Manual for the Volvo L120E is not complete in all areas. Shop Foreman Randy Parrish 25 e sno oon _ CAT Ava (wIo High/Low) JD Avg(wc llghkuva avappp — VOIVOAvg(w /O HigWtav) ^- 61,pa11 (CAT Avg IvO "Ugh /L ow)) mom •^ AExpat (JD Ar9 (w /o PGghflovp) 0 Lapon,(VOivo Avg (w /oHtghAow; .... 190 ee0 5m"r �FS'r r-rv=_,•mn ° " - -?8P Uu oca "Irlo �� 16 l v 14 f H 812 C L0 8 a E 4 E Z 2 2001 2002 2003 2004 2005 2006 2007 2008 Model Year Source Mecninely?rader_cam, Q CAT Data Poieits r ®JD Data l'atnfs ®Vefvo Data POlnf6 I 2001 2002 2003 2004 2005 2006 2007 2008 Model Year Source: Ma,ehinciyTrader,con't •- - 1Va� ^r Man Nearn9 it - t50> Desks! Ne.0 Blade As - Wiper (Fri m rGp ReerVew 6 2r Up At... Ls,' Gp OrI,d N Redt aelt Gir V Cap As - Filter Etl9. (]tt+g(61 Rpper Tit, Perat^ M FYer IF Elypro Of FlterAe Fuel V Belt ($e•p >e+ort CAT Tm¢1 I - CAT Part 4 ............... .. . . OEM Price Comparison Remits &52009 -DcDe2 CAT moee1: 149en romonrtimm'IOtloIt VOLVO a840 Cns:orne[InCustry 1 Maskefiog Org: FACT) Sales Area ti 4CD Curzency: VS!l " 213 3183 _ 0 2589.9 1548 E8 C-, '-3 evd 1 VOE 20504615 j b' 81' 76 36706E (OR 'L741) (6) 19031) _ 19]23]1 6 2261 12566 uIS!on Pm VOID, 204055717 F 3051 '8308 13%9386 6 _ 2105 1L639 I'd Dift _ VOE20450775 6 6901 41406 127 -9353 B - 2105 _ 12230 - ... _... 2362706 __. 6 2105 1 1226 39._ 1154223 1 t 1280 1289 e• ^c•� I VOE 2L4R+73e - 5534 5534 1071108 6 i 2136 12818... �C t r�xri�s'nc 1 DOE 2]4(5516 7 2693 16851 2436313 1 921 63 1 92153 _ ^`^ (11 ^M1) VOE 20849362 1 1182 74 118274 133-8499 _ t 4236 _... it °6 I ... He¢E Geyket 5 VO.. 2094 ,..99 1 10426 164.25 6V8853 1 1669... ICED 1Xpsr8ladp ASST ^Cc WE 12r41498 2470 2470..__. 5P68/4 i 5235 5235 M ror GP IRearV ew i VOE 111¢1192 j 1 7378 2378 � 2139190 � t I 10034 10938 Frod, Jp Af.un VOE t(' —C3 1 21764 21764 2106499 1 M39 3334 NrktghE0.e ^• +h, V06N0'eanF p 1 6 s` 6585 222A345 1 13315 - l+3 &i S¢at Be[ .- VOE 12748634 i 1 i 4TG 30 472 J2 7X]700 1 6136 6136 PUef Cap VOE 1109577 1 6453 6453 233657 1 i 1 97 5D 97 53 CL ntng Pdpe CL r5441 (7) 1 i 24683 21653 6YIX300 ..._ 1 5143 5743 .._.. - ____ ToolhTp _ CH 8111 1 { 17 (Si ....... 17 05 iP1899 t 1297 12.97 ' 0 M[e1 CC]VIJSe VO£993'23fi t 1 1 1695 29 Bo' YRWf2 1 2420 2420 Foel It¢FC,.evih9e VO °21908349 - 1 I 3234 3234 . J33909 _ I 70 et ,051 V9a11 VOE 978722 i J 3033 3033 $5,04].66 _.. Comf Hb •e TefaF 57.120.45 n•,I14 14 A ' Any ^ d ` MI nc to She OEM Poop .c Fa + rc cd A c,n,rj 1, . Inr,) are @.. :a pn5 T'1ty of ...,i , At who mM f CS ,1111� part r _ nrl c[ pi h, 1 10ye6tP1 ,I •' rvs. _.. Prices subject to rhengm w9h^? um_ OEM Price Comps F"4 ' ...... Ul" and n1hur r F;.ft ve OEV? (OEfd Pr'o C r`i6Sons) DID r 19ered by Gutarp llerto be °t In ' nalvre the mgoestor(e.g. a Catelpll3 0 Oaier)Ohatl (1) keep OEM Prw_ in f snce,usfig the same ASgr.e of .ar4asite t(e prr,nrt ltc: lfnr 1d ^nfiaf 94 rmo cn of Fike ns,x.., notnpt l¢�tn6raleaxx111 dog +cc pt ca•� -acd (2)rzntdi3l n.or6v¢i`OE Pcrz r °. ^'1's'" ° °. lo-+�y! parson oiherfhan lts y 5�th<.2 ,earoed to knrnv. C!"ther CafeTlllar re" is mrr"""Fv, Aays '11' _ or m3,.e any mF `anon or acalydcy or cs of -OF 'A C Paasons, anoery sslylis9sn• ry nr9 a,.11 basil, rorexrrassor p r*c.._r, ^v on.r: ra . =m 1o,o =_d In ork rim monc from Ne OEJVii THIS PAGE IS INTENTIONALLY LEFT BLANK W-1 FEBRUARY 15, 2012 7.00 KENAI CITY COUNCIL CHAMBERS MAYOR PORTER, PRESMING ITEM A: CALL TO ORDER A Regular Meeting of the Kenai City Council was held on February 15, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. A -l. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A -2. Roll Call There were present: Pat Porter, Mayor Ryan Marquis, Vice - .Mayor Term Bookey Robert Molloy Mike Boyle Tim Navarre Brian Gabriel comprising a quorum of the Council. Also in attendance were: Austin Daly, Student Representative Rick Koch, City Manager Krista Stearns, City Attorney Sandra Modigh, -City Clerk A -3. Agenda Approval Mayor Porter read the following revisions to the agenda: REPLACE: E -l: Minutes -*Regular Meeting of February 1, 2012 -Revised Draft Mayor Porter opened the floor for public comment, there being none public comment was closed. 29 KENAI CITY COUNCIL MEETING February- 15, 2012 Page 2 of 9 Council Member Gabriel MOVED to approve the agenda as amended and requested UNANMIOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE, There being no objections, SO ORDERED. A -4. Consent Agenda *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Nice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE- There being no objections, SO ORDERED. ITEM B- SCHEDULED PUBLIC COMMENTS None ITEM C- UNSCHEDULED PUBLIC COMMENTS Ricky Geese, 4283 Beaver Loop Road, Kenai, spoke in favor of council approving the current Facilities Management Agreement of the Kenai Visitors and Cultural Center with the newly merged Kenai Chamber of Commerce and the Kenai Convention and 'Visitors Bureau, Inc. Recommended the City consider an RFP for a 200 room hotel and 500 maximum person convention center for the community to hold events. 01I U lo D -1. Ordinance No. 2608 -207.2 - Increasing General Fund Estimated Revenues and Appropriations to Complete the Closure of the Council on Aging Special Revenue Fund. MOTION: 30 KENAI CITY COUNCIL MEETING February 15,2012 Page 3 of 9 Vice -Mayor Marquis MOVED to approve Ordinance No. 2608 -2012 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes D -2. Resolution No. 2012 -10 - Awarding a Contract to American Marine Corporation for the Project Entitled Kenai Boating Facility Cathodic Protection and Pile Repairs 2012 for the Total Amount of $64,851.52. Council Member Molloy MOVED to approve Resolution No. 2012 -10 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the Poor for public comment, there being none public comment was closed, Vice -Mayor Marquis and City Manager Koch discussed details pertaining to the items required in the bid process. VOTE: There being no objections, SO ORDERED. D -3. Resolution No, 2012 -11 - Awarding a Bid to Norris and Sons Contractors for Two (2) 10CY -12CY End Dump Trucks for the Total Amount of $60,000. W)01 l ism Council Member Bookey MOVED to approve Resolution No. 2012 -11 and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. 31 KENAI CITY COUNCIL MEETING Febmwy 7.5, 2012 Page,; of 9 The Council and City Manager discussed delivery details of the dump trucks and administration was commended on the bidding process. City Manager Koch further reviewed the City's equipment replacement schedule and thanked the shop and Public Works for their efforts on this bid. VOTE: There being no objections, SO ORDERED. ITEM E: MINUTES E-1. *Regular Meeting of February 1, 2012 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS F -1. Discussion/ Approval - 2012 City Council Meeting Schedule Council discussed its 2012 regularly scheduled meeting dates. Additionally, dates to conduct budget work sessions and evaluations of the City Manager, City Attorney, and City Clerk were recommended. MOTION: Council Member Bookey MOVED to reschedule the regularly scheduled meeting of July 4, 2012, to July 10, 2012, and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. VOTE: There being no objections, SO ORDERED. Council concurred to scheduling the following: • April 23, 2012, 6 p.m. - Budget Work Session • April 24, 2012, 6 p.m. - Budget Work Session • April 20, 2012 - Volunteer Appreciation Dinner • March 20, 2012, 6 p.m. - Special Meeting (City Manager Annual Evaluation) • May 10, 2012, 6 p.m. - Special Meeting (City Attorney Annual Evaluation & City Clerk 6 Month Evaluation) Rescheduling the council meeting currently scheduled the day before Thanksgiving is to be discussed at a later date. 32 KENAI CITY COUNCIL MEETING February 15, 2012 Page 5 of 9 G -l. *Ordinance No. 2609 -2012 - Authorizing a Budget Transfer in the General Fund and Increasing Estimated Revenues and Appropriations by $100,000 in the Trails Construction Capital Project Fund. Introduced by consent agenda and set for public hearing on March 7, 2012, G -2. Action /Approval - Bills to be Ratified Council Member Bookey MOVED to ratify payments of bills over $15,000 and requested UNANIMOUS CONSENT, Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, So ORDERED. G -3. Faction /Approval - Purchase Orders Exceeding $15,000 Mtf(+7rCr7lil Vice -Mayor Marquis MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT, Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. ITEM H., COMMISSION/ COMMITTEE REpopTS fI -1. Council on Aging - Council Member Molloy advised he attended the meeting on behalf of Vice -Mayor Marquis and reported the following was discussed at the February 9, 2012 meeting: ® 2012 Goals, emphasized need of garage for vehicles and an indoor walking area. or recreation center. • Survey to determine interest in photography and various classes. • Future Goals and Comprehensive Plan Review • Meals policy and March for Meals fundraiser on March 22, 2012. Mayor Porter nominated Edna Jones for appointment to the Council in Aging. lira r t Council Member Bookey MOVED to confirm the Mayor's nomination to appoint Edna Jones to the Council on Aging and requested U14ANWOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 33 KENAI OW COUNCIL MEETING February 15. 2012 Page 6 of 9 H -2: Airport Commission - Council Member Gabriel advised of the work session scheduled on February 2012, to discuss the Airport Tree Removal Project. H -3. Harbor Commission - Council Member Molloy noted the next meeting is scheduled on March 12, 2012, H -4. Library Commission - Council Member Boyle had. nothing to report. Mayor Porter presented Library Director Mary Jo Joiner with an award of "Best Construction and Renovation Project of 2011" by the American Public Works Association. H -5. Parses and Recreation Commission - Council Member Bookey had nothing to report. H -5. Manning and Zoning Commission - Council Member Molloy advised he attended the meeting on behalf of Council Member Navarre and reported the following of the February 8, 2012 meeting: • Comprehensive Plan Work Session • Considered and approved two plats • Scheduled public hearing of three legislative items for February 22, 2012. ii -7. Beautification Committee - Mayor advised the committee has not met since the last council meeting. 1101» s. Mayor Porter reported on the following: • New art in the council chamber lobbv area provided by Kaleidoscope School • Welcomed GCI to community during grand opening • Attended and participated in the Winter AML Conference in Juneau • Participated in a teleconference initiated by Governor Parnell J -1. City Manager reported on the following: • 2012 -2015 Alaska Statewide Transportation Improvement Program (STIP) • Survey Monkey - Comprehensive Plan Survey on City website. • Lobbying efforts in Juneau with Council Member Gabriel 34 IMN'AI CITY COUNCIL MEMINCI Febmarn> IS, 2012 Page 7 of 9 J -2. City ,Attorney reported on the following: • Update on Conditional Use Permit Appeal. Process (CINGSA) • Recognized Bruce Falkner of Boyd Chandler & Falkner, LLP J -3- City Clerk reported on the following: ® Carey Hall back from vacation New interactive "Events Calendar" on City website ITEM K: .AI3I5l'l`IGNAL PUBLIC COMMENT K -1, Citizens Comments There were no citizens in attendance wishing to speak. II -2. Council Comments Council Member Navarre advised of recent travel to Juneau to attend the Winter AML Conference and noted his positive experience; spoke in favor of the legislative delegation and their efforts on behalf of the community. Suggested. KCC /KVCB quarterly reports are provided to council orally by a representative of the group. Thankful Police Chief Sandahl was not seriously injured in the car accident. Council Member Gabriel reported on his trip to Juneau accompanied by the City Manager in efforts to lobby for CIP priorities. Noted the large number of contacts and connections the City Manager has in Juneau. Thanked the delegation for moving community projects forward. and Senator Wagoner for all allowing his office to be used as home base while in Juneau. Council Member Bookey reported on his attendance at the Winter AML Conference in Juneau. Congratulated Mary in Joiner and the Library on their recent award and thanked participants of t e council work session. Student Representative Daly advised of "Home Going" week at school and end of year activities and celebrations including Senior Civics Projects. Vice-Mayor Marquis commented on the winning streak of the NHL Detroit Red Wings. Reported on his attendance at the Winter AML Conference and the ability to spend time with Legislators and discuss challenges the city and other communities face. Council Member Molloy thanked all that came and participated in the work session. Council Member Boyle had no comments. 35 KENAI CITY COUNCIL MEETING February- 15, 2012 Page 8 of 9 ITEM Id: UTIVE SESSI ®N I, -1. Regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and Potential. Litigation and. to Give Direction to Administration and Counsel for the City: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.62.310(c)(I)) MOTION: Vice -Mayor Marquis MOVED to enter into Executive Session Regarding Matters the Immediate Knowledge of Which Could Have an Adverse Impact on the Finances of the City and Potential Litigation and to Give Direction to Administration and Counsel for the City: Cook Inlet Natural Gas Storage Alaska (CINGSA) - Mineral Rights, Easements and Pore Space. [AS 44.623 10(c)(1)] to discuss to approve purchase orders exceeding $15,000, requesting the City Manager, City Attorney and outside counsel Bruce Falkner attend, and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE- There being no objections, Sid ORDERED. Council entered into executive session. Council reconvened in open session and Vice -Mayor Marquis advised that while in executive session council provided direction to administration and legal counsel regarding CINGSA litigation. L-2. Regarding Subjects That Tend to Prejudice the Reputation and Character of any Person, Provided the Person may Request a Public Discussion - City Manager Employment Agreement. (AS44.62.310(c)(2)] MOTION: Vice -Mayor Marquis MOVED to enter into Executive Session Regarding Subjects That Tend to Prejudice the Reputation and Character of any Person, Provided the Person may Request a Public Discussion - City Manager Employment Agreement. [AS44.62.31.0(e)(2)), requesting the attendance of the City Manager and UNANIMOUS CO NSENT. Council. Member Molloy SECONDED the motion. VOTE: There being no objections, SCE ORDERED. Council entered into executive session. 36 IiENAI CITY COUNCIL MEETING February 15, 20:2 Page 9 of 9 Council reconvened in open session and Vice -Mayor Marquis advised that while in executive session council nrovided direction to administration to enter into a PERS Termination Study. ITEM W PENDING LEGISLATION (This item lists legislation which will be addressed at a later- date as noted.) -I. Ordinance No. 2597-2011 — Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed. in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -I., and the Urban Residential (RU) Zoning Districts. (Clerk's Note: At its November 16, 2011 meeting, the Council postponed Ordinance No, 2597-2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process.) ITEM N. ADJ07JRNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:00p.m. Minutes prepared and submitted by Sandra Modigh, CMC Citv Clerk ''The student representative may cast advisorybotes on all matters except those subject to executive session. discussion. Advisory votes shall be cast in. the rotation of the official council vote and 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. 37 THIS PAGE IS INTENTIONALLY LEFT BLANK m M ""Village uritk a Pis ° d , 210 Ficlalgo Avenue, Kenai, Alaska 99611 -7794 04 Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 11R f 1992 TO: City Council � FROM: Rick Koch DATE: March t, 2012 SUBJECT: Kenai Visitors and Cultural Center (KVCC) Facility Management Agreement The purpose of this correspondence is to recommend that the City Council approve the assignment of the Facility Management Agreement for the KVCC from the Kenai Convention and Visitors Bureau to the Kenai Chamber of Commerce and Visitor's Center {KCCVC} The Kenai Chamber of Commerce and Visitor's Center is formed by the merger of the Kenai Convention and Visitors Bureau and the Kenai Chamber of Commerce, Inc. Administration believes this action to be in the best interest of the City forthe following reasons: 2. The merger of the Visitors Bureau and Chamber of Commerce results in the new organization being more adequately funded and better able to perform the mission of the previous organizations. 2. The majority of the employees who have experience in operating the Visitors Center will continue to work at the Center. 3. KCCVC has expressed its willingness to work with the City in developing an amendment to the Facility Management Agreement which will more clearly identify specific programs /requirements. 4. The Patrons organization which presents cultural and art exhibits at the Center has expressed their support of the merger and assignment. s. The Facility Management Agreement provides a 60 day termination for convenience clause, should the City decide to terminate the agreement at any time in the future. Thank you for your attention in this matter. 39 THIS PAGE IS INTENTIONALLY LEFT BLANK o Contents 1) Kenai Chamber of Commerce & Visitors Center (KCCVC) Board of Directors & Employee Listing 2) Kenai Visitors & Cultural Center (KVCC) Facility Operating Outline 3) Community Letter from the Kenai Chamber of Commerce (KCC) and Kenai Convention & Visitors Bureau (KCVB) Board of Directors 4) Copy of KCVB Assignment Request Letter to City of Kenai S) KCC /KCVB Merger Packet a. Articles of Merger b. Merger Plan c. Resolutions L KCVB /KCC Merger Resolution ii. KCVB Dissolution & Asset Transfer Resolution iii. KCC Receive & Manage Resolution 6) Support Documentation a- Foraker Group Support Letter b. Kenai McDonald's Business Support Letter c. Kassik's Brewery Business Support Letter d, Former KCVB Executive Director Natasha Ala Support Memo e. Dr. David Wartinbee Support Letter 41 1� 2012 Kenai Chamber of Commerce and Visitor Center Board of Directors, Committee Members, Employees Brendyn Shiftea First National Bank 11408 Kenai Spur Hwy Kenai, AK 99611 Fred Braun Freedom Realty 502 Lake Street, Suite 2 Kenai, AK 99611 2012 President Work: 907.283.6801 Home: 907.283.7668 Cell: 907.952.4198 Fax: 907.283.6824 Vice President Work: 907.283.1690 Home: 907.776.8375 Cell: 907.252.8375 Fax: 907.283.1695 Penny Fumish Secretary Stewart Title Work: 907,260,8031 285 Ames Road Home: 907.283.9650 Kenai, AK 99611 Cell: 907.830.8133 pennyastewartkenai.com Fax: 907.260.8036 Jeff Warton Director Spenard Builders Supply Work: 907.335.1626 PO Box 609 Home: 907.262.3884 Kenai, AK 99611 Celt: 907.252.4069 iwarton(cbsbsaiaska.com Fax: 907.283 4398 Dennis Swarner O.D. Director Kenai Vision Center Work: 907.283.7575 110 S Willow, Unit #108 Home: Kenai, AK 99611 Cell: keeneyeakpomati.com Fax: 907.2836156 Kyle Fisher Past President Lynden Transport Work: 907.260.6500 41306 Sterling Hwy Home: 907.420.4918 Sok oma AK 99669 Cell: 907.350.5841 ktriker@Inden.com Fax: 907.260.3363 Mike Spangler Treasurer Conoco Phillips Work: 907.776.2021 PO Box 66 Home: 907.260.6129 Kenai, AK 99611 Cell: 907.252.6746 Michael.d.spanaler(arconocoohLij .com Fax: 907.776.2095 Jason Carroll Director Tesoro Work: 907.776.3530 PO Box 3369 Home: 907.776.5763 Kenai, AK 99611 Cell: 907.690.2067 Jason.E.Carroll(o)tsocom.com Fax: 907.776.5546 Ron Maiston Director Maiston'at0ld Town Trophies Work: 907.263.4966 405 Overland Ave., Ste. #105 Home: 907.283.5224 Kenai, AK 99611 Cell: malstonaalaska.net Fax: 907383.5685 Scott Hamann Director Metal Magic Work: 907 776.7676 PO Box 934 Home: 907.2834481 Kenai, AK 99611 Cell: 907.398.0808 teedomO.alaskanei -- Fax; - - 907176.7678 Sue Carter Public Committee Member Sal Mattem Public Committee Member Celia Anderson Public Committee Member P.O. Box 212 Home: 907.283.9272 1315 Chinook Drive Home: 907.283,2869 36805 Chlnuina Or Work: 907.262.0361 Kenai, AK 99611 Kenai, AK 99611 Kenai, AK 99611 Home: 907.283.7962 scerterftaosalaskanet smattero @arsalaska.net ifcra@uaa:aeska.edu Fac 907.252.6968 i - 4 • a cur n ,"M EzecutivefGovemance Department HR comet flee Employee Finance Committee Department Operations Committee Brendyn Stifles- President /Chair Fred Brew, VP /Chair Mike Spangler- TreasuredChair Zirrius -VanDeveme Fenny Furnish- Secretary/Chair Fred Braun Kl a Fisher James Adcox Jason Carroll Scott Hamann Mike Spangler Jason Carroll JeN Warton Ron Maison Penny Furnish Mike Spangler Sue Carter (public member) Set Madero (public member) I Celia Anderson (public member) rr.. Employee Name Department Employee Name Department Johns Beech I Executive Director Harold Piiard Saturday Market Zirrius -VanDeveme 1 Art Administrafivo Ass iatent James Adcox Membership Felicia Davison Front DesklViisflor Sernces EN FACILITY OPERATING OUTLINE PURPOSE The purpose of this document is to briefly outline how the new organization, the Kenai Chamber of Commerce and Visitors Center (KCCVC) will fulfill the "Facilities Management Agreement for the Kenai Visitors and Cultural Center" (AGREEMENT) dated December 18, 2009 and subsequently amended on May 11, 2010 and November 5, 2010. SCOPE The AGREEMENT currently provides the KCVB manage the Visitors and Cultural Center on behalf of the City of Kenai and provide various other related services. TERM The term of this AGREEMENT extends through December 31, 2013. LIMITATIONS This document contains specific references to sections of the AGREEMENT, as well as brief descriptions of how the KCCVC will fulfill the respective requirements. This document is subject to change and not intended to be relied upon as an amendment to the AGREEMENT. KCVB Facility Operating Outline Page 7. of 4 M Agreement Section 3 a. Kenai Visitors Guide is complete as of early February and distribution has begun. Draft was Provided to city Manager Rick Koch and approved in late January. See attached copy. b- www.visitkenai.com. Website merge and improvements currently underway. c. Rack cards are updated regularly at the KVCC Building and Kenai Airport Sec. 3.1 Specific Services d. Combined KCC /KCVB staff scheduled to attend the following trade shows: Matsu "Outdoorsman Show ": March 22 —.25, Anchorage "Great Alaska Sportsman Show ": March 29 —Apr 1, Fairbanks "Outdoor Show ": April 20 — 22 e. Advertisements will be placed in various travel guides, magazines, newspapers and publications to promote Kenai a. Target Consumer Groups I. Wildlife & bird viewing: We have worked in conjunction with the Kenai Watershed Forum to put on the Kenai Birding Festival 5117- 5/20. www.kenaibircifest.com. Advertisement put in Bird Watchers Digest. ii. Kenai sport, commercial, personal use fisheries- advertising in Milepost, Fish Alaska magazine, etc. also will attend sportsman shows to specifically target fishermen iii, Conferences: Ducks Unlimited event 3/3, Foraker Group Non Profit Conferences 3/20 & 3/21, Kenai Sec. 3.2 General Services Peninsula Builders Association event 3/24, Caring for the Kenai conference 4/28 b. Special Events to attract visitors: March May: History of Work Exhibit /KPC partnership, 6/1 -9/1 Wildlife Art Show, 4ib of July Parade, Kenai River Marathon, October 4th Opening Reception "Joe Kashi', November 23— December 8th "Festival of Trees', Christmas Comes to Kenai c, Encourage groups to spend more time in Kenai for visits, meals and lodging- partnership with Kenai based lodging establishments for discounted rates for special events, work with local businesses for special discounts and promotions tied to KCCVC events a. Memorial Day through Labor Clay: 7 days /week, 10am -6pm Set. 3.3 Hours of Operation b. Labor Day through Memorial DaY: 6 days /week, Monday - Friday gam -Spm, 11am -4pm Saturday Sec. 3.4 KV &C Displays a. General Information about the area- maps, trails, brochures, etc b. Historical & Cultural KCVB Facility Operating Outline Page 2 of 4 A iv. Cultural history of Kenai'tze Indians V. Russian contributions vi. Federal & State Homestead Programs c. Industry vii. Oil & Gas viii. Commercial Fishing d. Sport Fishing a. By Jan. 15 of every year, inventory will be provided to City Manager Sec. 3.5 City collection of b. No additions or loans to collection without City Manager approval Historical Artifacts c. By tan. 15 of every year, list of surplus/unneeded inventory provided to City Manager a. Visitor Contacts: Number and nature of contacts made by phone, mail and other communications . Visitors at Center- track by month Sec. 3.6 Outreach and b Reports c. Website Traffic -track visitors by month d. Mailings -track number of communications mailed from Center by month e. Requests for Information- track number of requests by month Sec. 3.7 Fees / Donations Sec. 8Annual Budget Request 1 a. To City Manager by Jan. 15 of each year a. KCVB may lease the center Sec. 4.1 Leasing of Center b. Standard lease form approved by City Manager c. Commercial lessees must have a current business license and registered for sales tax with KPB Sec. 4.2 Saturday Market a. KCVB ma b. Standard KCVB Facility Operating Outline Page 3 of 4 a Saturday Market at their own expense r application form approved by City Manager P c. Saturday; Market vendors must have a current business license and be registered for sales tax with KPB a. KCVB authorized to hold art shows at their own expense Sec. 4.3 Art exhibits / Shows b. If cultural exhibits /displays need to be moved for art shows, need City Manager approval at least 24 days prior to event ---- - - -- -- .. Sec. 4.4 sale of Merchandise a. Sale of merchandise exclusive to other KCVB activities are permitted at the expense of KCVB Sec. 4.5 Other Uses a. Any other use of Center must be approved by City Manager KCVB Facility Operating Outline Page 4 of 4 .....,.x.. Al convention Y. Vi57hJ[5 Bgreni�p+ To The Greater Kenai Community: As many of you know, in January of 2012, the Kenai Chamber of Commerce and Kenai Convention and Visitors Bureau Board of Directors were pleased to announce the union of the two nonprofit organizations into a single nonprofit Organization, the Kenai Chamber of Commerce and Visitors Center. The Kenai Chamber of Commerce (KCC) was founded in 1954 to promote economic development, stimulate job growth, provide initiatives to local businesses, and foster positive relations between business and community for the benefit of Kenai. The Kenai Convention and Visitors Bureau (KCVB) was founded in 1984, to promote the City of Kenai as a visitor destination, to promote the history and culture of Kenai, and to encourage economic development of the City of Kenai through the travel and tourism industry. The KCVB has been the contractor that has operated the City of Kenai owned Kenai Visitors and Cultural Center since 1991. This merger is part of a larger goal to solidify promotion of the community of Kenai into a single non- profit entity and to prevent the unnecessary duplication of similar efforts on behalf of the community. After careful consideration of programs, events and initiatives, both Boards unanimously agreed that a single combined organization offers financial security and long term benefits for its members, its employees, and the community as a whole. This decision was arrived at after numerous meetings by each Board, some of which were combined and facilitated by an expert in the administrative challenges confronting Alaska's nonprofit organizations in today's ever changing business climate. That expert, The Foraker Group, recently commented on the merger writing ,We applaud the Chamber's and 'Visitor Center's successful merger. They are a leading example Of what we will soon see throughout the state" it is worth mentioning that every other Chamber on the Kenai Peninsula, and nearly every one in the State of Alaska, operates as a combined Chamber and Visitors Center As part of the transition planning, KCVB recently requested that the City of Kenai assign that KCVB management contract to the newly merged organization so that it can continue to utilize the facility to fulfill the ongoing mission of the two former organizations by promoting Kenai as a destination for - visitors and businesses alike consistent with the terms of the existing facility management agreement. While attending a recent City of Kenai Council work session on February i5 " ", 2C12, it was regrettable to be confronted with rumor and innuendo about the commitment of the undersigned to make this merger a success. Nothing could be further from the truth, and the facts speak for themselves: ® The merger was a unanimous decision by both Boards of Directors, and an ongoing efirort that has been nearly twenty years in the making. a The KCVB and KCC Boards of Directors are made up of volunteers from the community; volunteers that give their time, energy and money to ensure the success of the organizations they represent so they can provide benefits to the entire community. a There are technical aspects to this merger that are controlled by applicable nonprofit statutes and regulations. Page 1 of 2 47 0 These technical steps are now underway with particular attention to the best interests of employees, vendors and other entities involved with each organization All of the volunteers involved in this process look forward to working with the members of each organization, the community as a whole, and the City of Kenai to make the Kenai Chamber of Commerce and Visitors Center a success, and continue to promote Kenai as an excellent place to work, live, visit, and do business? We all hope the City of Kenai will join us in this important effort. KCC Board oDirectors KCVB Board of Directors Kyle Fisher. / aid /d �,`f f Mike SoanoJerf\ ✓ Brendyn Penny Furnisht Jason Carro 4-�""` - !r Scott Hamann 24 L� 'i\ (( I r "" Roy Wer .; Fred Braun J eff� t1 aon Teresa over Sue Carter Celia Anderson Ron Marston Page T of 2 � r Convention & `visitors Bureau7 Inc. .Fanuary 9, 2012 Mr. Rick Koch, City Manager City of Kenai 210 Fidalgo Kenai., Alaska 99€11 Hear Rick: The Kenai. Convention and Visitors Bureau (KCVB) has recently resolved to cease doing business and transfer its duties, responsibilities and property to the Kenai Chamber of Commerce (CHAMBER). The CHAMBER has agreed to accept and manage those duties and property transferred to their care and to update their mission statement to reflect the fact that they will now perform the duties traditionally performed by KCVB. This transfer is part of a larger goal to solidify promotion of the community of Kenai into a single non - profit entity and to prevent the unnecessary duplication of similar e fforts on behalf of the community. As part of this change, KCV B hereby requests the City of Kenai approve the assignment of the "Fa cilities Management Agreement for the Kenai Visitors and Cultural Center" (AGREEMENT) dated December 18,2009 and subsequently amended on May 11, 2010 and November 5, 201.0 to the Chamber. This AGREEMENT currently provides that KCVB manage the Visitors and Cultural Center on behalf of the City of Kenai and provide various other related services. The term of the AGREEMENT extends through December 31, 2013. _ Section 12 of the AGREEMENT allows KCVt to assign the AGREEMENT only upon the prior, written approval of the City of Kenai. KCVB desires to transfer their rights and duties in the AGREEMENT to the CHAMBER and now formally seeks the City's written approval of this assignment. i understand that the City may require further details or additional information in order to approve this assignment. if additional information is needed, please contact the KCVB at 283 - 1.991 or the Chamber at 283 -7989. Sincerely, Fred F. Braun, President wyc w,vishkenal -ccau 11471 Kenai Spur Highway , Kenai, Alaska 99611 - (907) 283 -1991 . Fax X71 283 -2230 • E-mail. kenaicvbOMSitk °ndC.C6nT .. 1 d ,yc;,�'�':w F_ - c r „....�b- ..nn. Business +.1 ~ ♦ ' y' Juneau AK 99811.0808 Pursuant to the provisions of the Alaska Statutes, the Articles of Merger shall be executed by earn corporation by its president or vice president and by its secretary or assistant secretary and the board of directors of each corporation shall, by resolution, approve a plan of merger. corporations if necessary Article 2. Name of the survivin co oration: Alaska Entity # If applicable: KENAI CHAMBER OF COMMERCE AND VISITOR`S CENTER E 29651) Article 3. Plan of Merger. (A Copy of the Plan of Merger must be attached.) The plan of merger must set out: (1 ) the names of the corporations proposing to merge and the name of the corporation into which they propose to merge, which is hereafter referred to as the surviving corporation; (2) the terms and conditions of the proposed merger; (3) a statement of changes in the articles of Incorporation of the surviving corporation caused by the merger, (4) other provisions with respect to the merger considered necessary or desirable. Article 4. The plan of merger must be approved by each entity that is party to the merger. Name of the merging corporation KENAI CHAMBER OF COMMERCE, INC. The plan of merger was adopted on the day of , by the 13 members i1 board of directors. A. If adopted by the members, check one of the following: 13 There are members entitled to vote on the amendment; a quorum was present at the meeting and the amendment received at least two- thirds of the votes which members present at the meetings or represented by proxy were entitled to cast. 9 There are members entitled to vote on the amendment which was adopted by a consent In writing signed by all members entitled to vote, with respect to the amendment. S. If adopted by the board of directors, check one of the following: U There are no members and the amendment received the vote of a majority of the directors in office. 19 There are no members entitled to vote and the amendment received the vote of a majority of the directors in office. 08,452N (Rev. 7104) GWE 50 Piastre• of the merging corporation KENAI CONVENTION & VISITORS BUREAU The plan of merger was adopted an the _Mth day of Nov. , by the 9 members ® board of directors. A. If adopted by the members, check one of the following: C There are members entitled to vote on the amendment; a quorum was present at the meeting and the amendment received at least two- thirds of the votes which members present at the meetings or represented by proxy were entitled to cast. * There are members entitled to vote on the amendment which was adopted by a consent in writing signed by all members entitled to vote, with respect to the amendment. B. If adopted by the board of directors, check one of the following: * There are no members and the amendment received the vote of a majority of the directors in office. * There are no members entitled to vote and the amendment received the vote of a majority of the directors in office. Name of the Surviving corporation KENAI CHAMBER OF COMMERCE AND VISITOR'S CENTER The plan of merger was adopted on the 13rt8 day of per by the D members ® board of directors. A. If adopted by the members, check one of the following: • There are members entitled to vote on the amendment; a quorum was present at the meeting and the amendment received at least two - thirds of the votes which members present at the meetings or represented by proxy were entitled to cast. • There are members entitled to vote on the amendment which was adopted by a consent in writing signed by all members entitled to vote, with respect to the amendment. B. If adopted by the board of directors, check one of the following: C There are no members and the amendment received the vote of a majority of the directors in office. * There are no members entitled to vote and the amendment received the vote of a majority of the directors in office. Article S. The Articles_ of Merger must be signed by the president or vice_ president and by the secretary -or- assistant secretary of each corporation: KENAI CHAMBER OF COMMERCE, INC. 7/ Signed this 26 dayof 20 1"y . OB-452N (Rev. 7)04) GWE -2- 51 Signed this day of , 20 KENAI CHAMBER OF COMMERCE AND VISITORS CENTER Signed than lid s day of . I �%^ "roy , 20 1 Z Add additional signature pages if necessary. AS 10.20,271. Law Applicable When Domestic and Foreign Corporations Merge or Consolidate. (a) Each domestic corporation shall comply with the provisions of this chapter with respect to the merger or consolidation of domestic corporations and each foreign corporation shall- comply -with the applicable_ provisions of the laws of the state under which it is organized. (b) if the surviving or new corporation is to be governed by the laws of a state other than this state, it shall comply with the provisions of this chapter with respect to foreign corporations if it is to transact business in this state and in every case it shall file with the commissioner (1) an agreement that it may be served with process in this state in a proceeding for the enforcement of an obligation of a domestic corporation which is a party to the merger or consolidation; (2) an irrevocable appointment of the commissioner as its agent to accept service of process in these proceedings. 06 -462N (Rev. 7104) GwE "3' 52 53 Kenai Chamber of Commerce and Kenai Convention &c Visitors Bureau Merger Plan 1. Summary of Plan and Purpose 2. Plan Objectives 3, Kenai Chamber of Commerce, Inc. Responsibilities a. Role of Board b. Resolutions/ Documents I. Re actions and undertakings U. Management of new assets c. Actions 4. Kenai Convention & Visitors Bureau, Inc. Responsibilities a. Role of Board b. Resolutions / Documents I. Re actions and undertakings ii. Inventory and transfer of assets Ill. Pending liabilities c. Actions S. Structure of Merged / Surviving Entity a. New organic documents (articles / bylaws) b. Documents filed with state c. Organizational Structure 6. Exhibits a. Resolutions KCCVC Merger Plan Page 2 of 4 54 Kenai Chamber of Commerce and Kenai Convention & Visitors Bureau Merger Plan 1. Purpose and Summary of Plan Purpose: The Kenai Chamber of Commerce ( "KCC) and the Kenai Convention and Visitors Bureau { "KCVB ") plan to reorganize their respective non - profit organizations into a single entity in order to consolidate their efforts in promoting the City of Kenai. Both entities feel that they can better promote the advantages of the City of Kenai as a single entity instead of as competing non- profit organizations with similar interests. Summary of Plan: The Directors of both entities shall approve this Merger Plan through resolutions which shall adopt a plan for KCC to absorb KCVB. The organizations shall merge their respective Boards of Directors in a manner which satisfies both entities. Articles of Merger will be executed, new bylaws will be created and the Articles of Incorporation shall be amended to reflect the new entity now known as the Kenai Chamber of Commerce and Visitor's Center. 2. Plan Objectives To successfully absorb KCVB into KCC with minimal diff iculties and align the interests of both groups in order to achieve an organization that can work to bring attention and business to the City of Kenai. Kenai Chamber of Commerce Responsibilities a. Role of Board 1. No shares have been issued and the Board of Directors has the sole responsibility of approving this Merger Plan by a majority vote. ii, The Board of Directors must cooperate with KUB to determine which Directors shall remain on the Board after the merger. In. Resolutions / Documents i, Re actions and undertakings rove the Merger a) The majority of the Board of Directors must app g Resolution. b) The majority of the Board of Directors must approve the Merger Plan. c. Actions I, Take actions necessary to coordinate and administer affairs of KCVB to prepare for transition of KCVB assets into KCC consistent with the terms of this Merger Plan, 4. Kenai Convention and Visitors Bureau Responsibilities KCCVC Merger Plan page 3 of 4 55 Kenai Chamber of Commerce and Kenai Convention & Visitors Bureau Merger Plan a. Role of Board I. No shares have been issued and the Board of Directors has the sole responsibility of approving this Merger Plan by a majority vote. b. Resolutions/ Documents Actions and undertakings a) The Board of Directors must approve this Merger Plan. b) The Board must provide a copy of the resolution to merge the respective corporations. c. Actions L Ensure all pending liabilities have been satisfied or appropriately accounted for prior to completion of merger. Structure of Reorganized / Surviving Entity a. New organic documents (articles / bylaws) I. The reorganized entity - Kenai Chamber of Commerce and Visitor's Center ( "KCCVC ") - will be created by amending the current KCC articles of incorporation to reflect the new name and purpose of the organization. Both entities seek to maintain the federal Employer Identification Number (EIN) of KCC for use by KCCVC. b. Documents filed with state I. KCC will file Amendment to Articles of Incorporation (Form 08 -440) ii. KCC will file Notice of Change of Officers /Directors (Form 08 -637) iii. Amend and /or obtain gaming permit and substitute KCCVC for KCVB on Multiple Beneficiary Permit (if so desired and if allowed by other permitees) c. Organizational Structure —The Board of KCCVC will adopt an organizational structure in the 1s` quarter of 2012. 6. Exhibits a. Resolutions I. Merger Resolution by KCC and KCVB KCCVC Merger Plan Page 4 of 4 411 WHEREAS, the Kenai Chamber of Commerce (KCC) and the Kenai Convention and Visitors Bureau (KCVB) are currently operating as separate entities; and WHEREAS, representatives of KCC and KCVB have met and discussed on several occasions the advantages of operating as a single entity; and WHEREAS, both organizations agree that promotion of the community of Kenai is intrinsic in their respective missions; and WHEREAS, both organizations agree that it is to the benefit of their respective members as well as the citizens of this community to not duplicate efforts; and WHEREAS, both organizations agree that a combined organization offers financial benefits and long term security for the organizations and their members; and WHEREAS, both organizations agree that a combined organization will be better equipped to promote Kenai's economy and quality of life to current and potential businesses, organizations, Individuals and visitors; and THEREFORE BE IT RESOLVED that the Kenai Chamber of Commerce and the Kenai Convention & Visitors Bureau agree to adopt the KCC -KCVB Reorganization Plan to reorganize the two non- profit organizations into a single entity in order to consolidate efforts in promoting the City of Kenai. Passed by the Board of Directors of the Kenai Convention & Visitors Bureau this 0� 746day of i1GV. ,2011. KCVB President: : � , KCVB Secretary: ^ s t Passed by the Board of Directors of the Kenai Chamber of Commerce this 13 day of C e«,Ltr 2021. ry" KCC President: KCC Secretary:,..... -�k 57 THIS PAGE IS INTENTIONALLY LEFT BLANK OF A RESOLUTION OF THE KENAI CONVENTION AND VISITORS BUREAU RECOMMENDING DISSOLUTION OF THE CORPORATION AND AUTHORIZING ITS PRESIDENT, FRED BRAUN, TO SIGN ALL NECESSARY DOCUMENTS AND TAKE ALL APPROPRIATE ACTIONS TO DISSOLVE AND WIND UP THE CORPORATION. WHEREAS, the Kenai Convention and Visitors Bureau and the Kenai Chamber of Commerce previously entered into an agreement to merge their respective corporations into a single entity; and WHEREAS, it is now deemed to be in the best interests of the corporation that the Kenai Convention & Visitors Bureau cease doing business, address and resolve any outstanding obligations and transfer any remaining assets to the Kenai Chamber of Commerce, a substantially similar organization; and WHEREAS, the Kenai Chamber of Commerce has agreed to receive and manage those assets transferred into their care and to continue the mission of the Kenai Convention and Visitors Bureau; and WHEREAS, the Kenai Convention and Visitors Bureau desires to dissolve the corporation and transfer assets as quickly as possible in order to allow the Kenai Chamber of Commerce to begin performing its new duties; and THEREFORE BE IT RESOLVED that the Kenai Convention and Visitors Bureau hereby elects to wind up and dissolve this corporation and to resolve any outstanding obligations and transfer any remaining assets to the Kenai Chamber of Commerce; also THEREFORE BE IT FURTHER RESOLVED that Fred Braun is hereby granted the authority to sign any _ necessary documents required to resolve_ any outstanding obligations_ and transfer any remaining assets to the Kenai Chamber of Commerce and the authority to take such further action as may be necessary, or proper to dissolve and wind up any and all business of the Kenai Convention and Visitors Bureau, including the authority to pay off creditors of the corporation and any other actions required by state or federal law. Passed by the Board of Directors of the Kenai Convention & Visitors Bureau this day of fc, n vt Ck_ 2012, KCVB President: —� �;•U t JnS ° a. 59 KCVB Secretary: �. ✓} KCVB Director: C KCVB Director: KCVB Directors KCVB Director: r KCVB Director: KCVB Director: KCVB Director: .E A RESOLUTION OF THE KENAI CHAMBER OF COMMERCE TO RECEIVE AND MANAGE ASSETS TRANSFERRED FROM THE KENAI CONVENTION AND VISITORS BUREAU AND TO CONTINUE PROMOTING THE MISSION OF THE KENAI CONVENTION AND VISITORS BUREAU. WHEREAS, the Kenai Chamber of Commerce and the Kenai Convention and Visitors Bureau are currently operating as separate non - profit entities; and WHEREAS, both organizations agree that promotion of the community of Kenai is intrinsic in their respective missions; and WHEREAS, both organizations have agreed that it is to the benefit of their respective members and the citizens of this community to not duplicate efforts; and °0v`HEREAS, both organizations believe that a single organization provides better financial benefits and better long term security; and WHEREAS, the Kenai Convention and Visitors Bureau has decided to cease doing business, dissolve its organization and transfer its assets to the Kenai Chamber. of Commerce, a substantially similar organization; and THEREFORE BE IT RESOLVED that the Kenai Chamber of Commerce shall accept, receive and manage all assets transferred to it by the Kenai Convention and Visitors Bureau and shall continue the mission of the Kenai Convention and Visitors Bureau. Passed by the Board of Directors of the Kenai Chamber of Commerce this � day of ^f % , 2012. KCC President: - KCC Secretary: !- 61 THIS PAGE IS INTENTIONALLY LEFT BLANK 62 5ttarldtng Beside Alaska's haaprodits 161 Ktevin Street, Suite 101 Anchorage, AK 99500 Phone; (907) 743-1200 Fax: 007) 276.6014 February ii, 2012 To Whom It May Concern: The Foraker Group, Alaska's nonprofit association, conducts periodic research on the economics of the nonprofit sector. In our latest report, the Institute of Social and Economic Research found that there are over 7,000 nonprofit organizations in Alaska. That fact means that we have the highest density of organizations to staff and govern in the nation. In our opinion, that number of organizations is not sustainable. We simply do not have enough engaged citizens to serve on that many boards, especially when the Baby Boom generation begins to let go of those responsibilities over the next decade. As a result, our board asked me to present this data to audiences such as chambers and Rotaries throughout the state so leadership can determine how to address this eventual shortage. One option we suggest is the need for like minded organizations to consider integrated partnerships; even mergers. It was after one of those presentations we were approached by The Kenai Convention & Visitors Bureau and the Kenai Chamber of Commerce. They had already begun discussions about a potential partnership. They asked The Foraker Group to work with them on their options. You now know the result of those discussions The Chamber and the Visitor Center have agreed to merge. We are now working on seven other such consolidations, but are certain that during the next 5 -10 years the demand will increase. Finding the right board is the number one challenge for nonprofits in Alaska; even more than finding operating capital. We applaud the Kenai Chamber's and Visitor Center's successful merger. They are a leading example of what we will soon see throughout the state. Yours truly, Bennis G. McMillian 63 February 28, 2012 To whom it may concern: d Katch A Mac9 Inc. 41 dba MCDQU.Ids MA47 IC¢nwi Slmv H., 4 Y,. AK �9611 (9071283a(A4 t..: (90) 289 -2002 I am writing in support of the Kenai Chamber of Commerce and the Kenai Convention and Visitor Bureau merging into one entity. I firmly believe this is long overdue and I alt elated that, ii-is final 4ppe , , W h,, As a Kenai business owner, and Chamber member, for the last 17 years I am very familiar with how the Kenai Chamber of Commerce operates. Through inybusiness, McDonald's of Kenai, I have supported many events and programs through the Chamber. Such as providing hot chocolate for the Christmas Comes to Kenai event, s, ' ponsoring the Student of the Month program which honors a KCHS student each month at a luncheon, providing salads for the Job Shadow Luncheon, and many more. I would not do so if I believed the Chamber was not a sound, well-run organization. The Kenai Chamber of Commerce has been a great partner for me in helping to promote my business. I have always felt very confident in the efforts the Chamber has made to promote Kenai businesses and the City of Kenai. With that -aid, I believe it is a natural fit for the Chamber to begin overseeing the Visitors Center. I look forward to working with the Kenai Chamber for years to come. Please do not hesitate to contact me with any question-, you may lave. Sincerely, Dana R. Cunningham Owner/Operator M. 47160 Spruct HAWn Stl'ctt Komi, AK 09611 907.776-4055 Lenaihrewernnra�iasica.ret. Brewing gars craft ales ivywj, �CWXDI February 28, 2012 Dear Brendyn, Kassik's is extremely happy with the decision to merge the Kenai Visitor's Center and Chamber offices. With the two organizations working together as one we'll be getting a better and more efficient service. We have always questioned, why two e separate entities? is this a normal Practice? We've often contemplate d, I H we can't afford both, which do we give up? As a small business it is very costly to belong to both. We want to be more supportive, and with the two together, we can! Thank you for bringing the Kenai Chamber and Visitor's Center together as one organizations Sincerely, Debara, Frank & Jason 65 Convention y Visitors Bureau, inc, Tw. KCVB Board of Directors. and KCC Board of Directors From:. Natasha Alai Executive Director, AE., Potential Structure of Merged Organizations Date., June 24, 2011 I want to begin by assuring both Boards that I am In complete support of the Proposed merger of our two organizations and I will do my best to champion this merger with my staff, our mernbers, the City of Kenai as well as publically with the media as this process moves forward. I strongly' believe that this merger is in tire best inteirest of our organzations, . our memberships and the City of Kenai. It is obvious that the Kenai Chamber has put great care and consideration into crafting a template for a proposed merger and I commend those who invested great time in planning and thinking through flow this new organization might retain the mission and fords of froth organizations; I have carefully read through tfi= packet of information presented to the KCVB, by the Chamber, and I have compiled -a response which includes important components of our organization that .I believe should be retained as we move this mergerforward. is do not think we are far apart in what the Chamber has proposed, and what I have proposed, i strongly believe that when we all put our heads together for the expressed purpose of working through all these points of difference, we will easily find common ground and agreement on the ben waytamove both organizations together. I; think it would be advantageous "for -the merging process if the Chamber Board could hold a joint meeting here at the 'Center, as soon as possible, and let me walk you through the building and share with you, in greater detail, the inner operations of what the Kenai Convention & Visitors Bureau does, in partnership with the Patrons of the,kenal Visitors & Cultural Center. I can see from, the Chamber proposal that there is understanding regarding the visitor services and destination marketing we do: I think I can answer a iotof questions you may have regarding our relationship with the City, and the Patrons, in regards'to caring and exhibiting the collection of historic - objects shoused hereat.the Center. ",-'he City of Kenai owns this collection and carries an insurance Policy on this collection in the- aimount of around two million dollars, This year the City invested$14,00D in hiring a museum Inventory Specialist to spend four months inventorying and assessing all objects in the, collection. -Many of the- objects -in the collection are extremely rare and extrernefy valuable. Caring for these rare and valuable objects :requires knowledge of conservation best practice. The KCVB has invested great resources in training staff over the years in best practioesin caring for collections, best practices in exhibiting and best practices in Interpreting his'tori'c objects, Catingforthe collection Is a public trust obligation that has come with the managing thh building— a public trust obligation that we have take very seriously over the years. I look Forward to working with the Kenai Chamber of Com'merceas we work towards common ground in this merger. I believe that together our organizations will accomplish wonderful things, which individually we do not have the strength to accomplish, for our membership, the City of Kenai and our community. 'i i47 L Kenal Spur Highway Kenai, Alaska 996:11 � (907) 783 -1:791 , fax 1907) 283-2236 • Email:: 1nfoG\As1t1kenai.com .. 21 February 2012 Kenai City Council Kenai City Fiala 210 Fidalgo Ave Kenai, Alaska 99611 Ladies and Gentlemen: I am writing his fetter to tell you about the Celebration of Wildlife Art 2012 that is scheduled to be held at the Kenai Visitors and Cultural Center this summer. This art show will be the largest and best wildlife art show ever, held in Alaska and will probably be one of the best wildlife art shows in North America this year. Lice the last wildlife art show held here in year 2003, we can realistically expect 35,00 - 45,000 visitors to visit the show. The artists who will be sending original paintings are the very best in the world. I repeat, they are the very best in the world Let me tell you about a few of these world renown artists. Robert Bateman is internationally recognized as the best wildlife artist in the world. He is considered a national treasure in Canada and his name is probably better recognized than any politician or movie star in Canada. When Prince Charles married Lady Diana, the official wedding present from the Canadian Government was a painting by Robert Bateman. His artwork has been displayed in the best known museums ( tike the Smithsonian ) in the world. He is sending original paintings to this show. Carl Brenders is thought -of as the best wildlife artist in Europe. Of course he is extremely popular in North America too! The painting that he created especially for this show depicts two fighting caribou males. It was shown for the first time two weekends ago during a brief show and it was immediately sold for $60,000. Because this painting was created for this show, Carl mandated that any buyer had to allow the painting to be on display in Kenai for the summer. Guy Coheteaeh has been the United States best known wildlife artist for a generation. One man shows of his work have been displayed in the very largest and best museums in the country. A painting that he did of a Bald Eagle hung in the White House for years and visiting heads of state were presented with an artist signed print of that image. Guy spent a week last summer on the Kenai Peninsula gathering background material and photographs for the three paintings he is creating for the Celebration of Wildlife Art 2012. Dan Smith is another of the United States top wildlife artists. His work is so popular that collectors literally pounce on any and all available originals. Dan has agreed to paint an image for our show that will be used as the Poster image. We know the painting is of a Polar Bear and the painting should be completed 67 before the end of the month. He is also sending two other originals that are going to be for sale. If you ever wanted to own a piece of his exquisite work, this show will be your opportunity since we are not going to open the on -line sales until after opening night on June 1st. There are more than 36 other artists who are going to be represented at this show and most of the images were specifically painted for us...for you[. The "Alaska Show" has become the "buzz" in art circles of the country and I have received numerous inquiries from artists who would like to join this assemblage of artists. Incidentally, many of the artists will be coming to Alaska this summer to see the show and of course to experience Alaska once again. I need to tell you about what it takes to set -up a show of this size and quality. I started contacting artists over a year ago about this show and most already knew about the high quality shows we had arranged in 2000 and 2003. It takes a lot more than just a "curator" like me with the contacts in the art world. It also takes an organization with a facility and staff to make everything happen. It takes people who can do the advertising, those who can arrange the facility, others to schedule the event, and then even more to run the show once it has been set up. Over the past months, there have been a number of changes in the operating board and the staff at the Visitors Center. While it was somewhat of a shock to me and I have made a specific attempt to avoid any and all political influences, the show is going on. I have spent many hours meeting with members of the new Board, the new Executive Director, and the new staff. We have wrestled with visions of this show what it will take for a brand new group to put - on such a large and high quality show. Those discussions have been fruitful and we are all on the same page about this show and making it happen for the community. We all seem to understand the roles each must play in making this a reality. My message to you is this; The new Board, the new Executive Director, the new staff, and I want to see the show happen here in Kenai this summer. Please make the formalities of change -over happen quickly and seamiessly so we can all spend our time making this show something you and the entire community will be proud of hosting. Sind ely, @ — �a David C. Wartinbee PhD, JD Curator: Celebration of Wildlife Art 2012 P.O. Box 157 Soidoma , AK 99669 907 260 -1935 .: I PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: MARCH 7, 2012 ENSTAR NA- I "URAL GAS HOMER ELECTRIC GAS USAGE ELECTRIC USAGE VARIOUS VARIOUS UTILITIES UTILITIES 38,.347.17 94,673.59 olm ml; 7 _Le] Mil Jid:10Y Is] Ll /e14 WAN 4aA.1wi IA 70 PURCHASE ORDERS OVER $16,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 7, 20 i2 ## - DEPT. 96044 - KENAI VV,4l "ER G &S CONSTRUCTION C/O NO 2 TREATMENT FACILIIY 86044 - KENAI WATER G &S CONSTRUCTION CiO NO. 3 7REA F "MEN T FACILITY ADD!] IONAL CHANGESfN CONSTRUCTION MUNICIPAL PRODUCTION WELL 47, 879, 00 '125,0001 "00 3,966,546.00 - 4,691,546.00 THIS PAGE IS INTENTIONALLY LEFT BLANK 72 .IV " ila e wifA a Past, Ci witk a fit ture /r 210 Ficialgo Avenue, Kenai, Alaska 99611-7794 EEWE Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 III 6° 1992 TO: City Council FROM: Rick Koch DATE: March 1, 2012 SUBJECT: Amendment to Facility Management Agreement for Alaska Fire Training Center The purpose of this correspondence is to recommend that the City Council approve the First Amendment to the above referenced agreement. The amendment provides for Beacon (facility manager) to occupy additional space on the second floor of the facility previously rented to Hilcorp Alaska, LLC (formerly Chevron). Hilcorp's Agreement for space on the second floor expired February 29, 2012. A renewal of the rental agreement has not been requested by Hilcorp as Beacon is willing to allow Hilcorp the use of a small portion of the first floor and desires to utilize the portion of the second floor vacated by Hilcorp, it is in the best interest of the City to have Hilcorp utilize the facility for their training needs and for Beacon to utilize a portion of the second floor for their operations. Thank you for your attention in this matter, if you have any questions please contact me at your convenience. 73 This First Amendment to Facility Management Agreement is between the City of Kenai (City), whose address is 210 Fidalgo, Kenai, AK 99611 and Beacon Occupational Health and Safety Services, Inc. (Deacon), 800 Cordova Street, Anchorage, AK 99501. RECITALS: On March 18, 2008, City and Beacon entered into a Facility Management Agreement (agreement) for Beacon to manage and operate the Alaska Fire Training Center owned by City. Beacon desires to exercise its rights under Article IV, paragraph. C, of the agreement to obtain additional space on the second floor of the Facility when it becomes available. A tenant of City's, Hilcorp Alaska, LLC (formerly Chevron),. has vacated space on the second floor of the Facility. City and Beacon desire to amend the agreement to add to the square footage subject to management by Beacon on the second floor of the Facility and to make appropriate adjustments to Beacon's obligations under the agreement. City and Beacon therefore agree as follows: Article II, Subparagraph (C)(1), Janitorial services, is amended to read as follows: 1. Janitorial services: Beacon shall perform or cause to be performed janitorial services within the interior of the Facility, except the 3,875 square -foot area on the second floor that may be leased by the City third parties, including trash removal, and cleaning of classroom, office, and common areas as required to maintain a neat and clean appearance in the Facility. To the extent any other floor space is used by the City (or a third -party through the City), a pro -rata adjustment shall be made. Fist Amendment to Facility Management Agreement Page 1 of 5 L:1 Ag? s1 P; re7 'rainingCenter\fimt.amend.mgmnt agt 020712 El 2, Article I1, paragraph (I), Management, is amended to read as follows: I. Management. Beacon shall have management authority of the Center for hands-on training on aircraft and structural- industrial settings, including all parking spaces — except 12 which shall be reserved for a third -party tenant. Beacon shall have management authority of the Facility (including the entire first floor and the following spaces on the second floor: prop room and library for classroom and 625 square feet, all as identified on Exhibit A to this amendment). City shall ensure that use of the second floor space by any third party (non - government entity) is not incompatible with the Beacon's management and operation of the facility. Beacon may permit third parties to whom it provides training Under Article II of this agreement to utilize the Facility under special use agreement, subject to approval by City. Said uses by third parties must be restricted to and/or arise out of fire- training and related airport services. Beacon shall further ensure that any use by any third party is not incompatible with the Beacon's management and operation of the Facility and the purposes of this agreement. No use permit shall convey any interest in property (leasehold or otherwise) to the third-party and shall be subject to termination at will by Beacon or City. Further, approval of any use agreement by City shall not constitute a use by or through City. Beacon may charge a reasonable use fee to third parties for the use of space under its management authority Beacon's activities conducted under this agreement are subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, -state, and City statutes, ordinances, and regulations in effect during the term of this agreement. Beacon shall - comply with all applicable requirements imposed on the Airport by federal law to ensure that The Airport's eligibility for federal money or for participation in federal aviation programs is not jeopardized. To that end, this agreement is subordinate to the City's grant assurances and federal obligations. Subject to the provisions of Section III -G, City may, on a reasonable and scheduled basis, utilize classroom spaces on the first floor for First Amendment to Facility Management Agreement Page 2 of 5 L 020712 75 educational purposes as long as it does not interfere with the Beacon's management of the Center. City reserves the right to the use of the Center and Facility during government declared local or area -wide emergencies. 3. Article II, Operation of Center by Beacon, is amended by adding a new paragraph 7, to read as follows: I. In consideration of the additional space provided to Beacon under which can exercise management authority, Beacon shall pay to City an annual fee of 513,125 based upon a fair market rate of $ L75 per square (for 625 square feet). City may re- adjust this rate on an annual basis based upon fair market value of the space in the community. This sum shall be paid City on a quarterly basis as a direct offset from the management fee paid. If the management fee due from City is less than annual fee of $13,125 (or any adjusted value), Beacon agrees to pay City the remaining balance of the annual fee due City for the additional space within 30 days of invoice by City. Beacon further recognizes that it has an obligation to perform janitorial services, pay for utilities, and perform routine/Minor maintenance for this additional space under Article II, subparagraph (C). 4. All other terms and conditions of the agreement remain in full force and effect. 5, This amendment is effective upon the later signature of both parties. The parties have caused this agreement to be executed in their respective names by their authorized representatives. CITY OF KENAI By: Rick R. Koch Its: City Manager First Amendment to Facility Management Agreement Page 3 of 5 L:\AgtsTireIminiagCenterl irst.ainend,mgmn+_agL020712 76 BEACON HEALTH AND SAFETY SERVICES, INC. By: Holly Hylen Its: President Approved as to form: Krista S. Stearns City Attorney STATE OF ALASKA ) )ss THIRD .TUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 2012, by Rick R. Koch, City Manager for the City of Kenai. Public for Alaska First Amendment to Facility Management Agreement Page 4 of 5 L VA gts \FireTrainingCenter4imtamend ingmne.a@r.020712 77 STATE OF ALASKA > ass THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of _ 2012, by Holly Hylen, President of Beacon Occupational Health and Safety Services, Inc. Notary Public for Alaska My Commission Expires: First Amendment to Facility Management Agreement i \ AgtsSireTrainingCentCrUvet .amendangmtrt.agt0207 t2 M Page 5 of 5 "'V lla e wdh a Past Ci wdk a Future"I noe. �� III I^ r � �,„ w. •�« '� i Will wwwd.kenai.ak.us DATE: March 1, 2012 Keuai btlind NWO .01 11111 , r 2017. SUBJECT: Grant of Easement to the City of Kenai for a Non - exclusive Right -of -Way and Utility Easement for use for General Government Purposes The purpose of this correspondence is to provide additional information in support of the referenced public access easement, which is necessary to maintain a 60' wide continuity on the First Avenue right -of -way to its Intersection with Coral Street (see attached Exhibit A). This action is requested as a result of the Final Decision issued by the State of Alaska Department of Natural Resources, Division of Mining, Land and Water Survey Section, which reviewed the City's petition for a Section -Line Easement Vacation (SLEV) as part of the Kenai Cemetery Expansion project. Council approved the vacation at its July 20, 2011 Council Meeting and in order to finalize the SLEV plat with the State, the City must record the referenced public access easement. -- The City Attorney has reviewed the attached easement and approved it as to form. The City's Code, under KMC 21.15.010(b), requires that Council declare that the subject lands are not needed for a public purpose. For the referenced easement, that determination is applicable with respect to the fact that the lands contained within the easement area are not needed for an airport purpose. This declaration does not prevent the City from exercising its full rights as the land owner for other public purposes. if the Council wishes to declare that the parcel is not needed for a public purpose, it could use language which might read as follows: f move that the easement area located within the area described in the Grant of Easement to the City of Kenai is not needed for public purpose and authorize the City Manager to grant the easement on behalf of the City. M Mary Bondurant, Airport Manager Scott Huff, Integrity Surveys Attachments 79 t f •' i The undersigned. KENAI iMUNICIPAL AIRPORT -CITY OF KENAI (GRANTOR),with an address of 305 North Willow Street, Suite 200, Kenai, AK 996I1, for good and valuable consideration of the sum of $10.00 in hand paid, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to CITY OF KENAI (GENERAL FUND) (GRANTEE), with an address of 210 Fidalgo Avenue, Kenai, AK 99611, and its successors and assigns, a non- exclusive right- of-way and utility easement, with the right, privilege, and authority to the City of Kenai, its successors and assigns, for use for general government purposes for use as a public right -of -way to provide vehicular access along, over, and across Grantor's land for roadway construction and maintenance purposes and for use as anon - exclusive utility easement to construct, reconstruct, lay, maintain, operate, inspect, alter, repair, upgrade, and replace, as may from time to time be necessary or desirable, infrastructure for public utilities of any kind and including the necessary appurtenances for those public utilities under or upon lands which Grantor owns or in which Grantor has an interest, all situated within the City of Kenai, Kenai Recording District, Third judicial District as follows: A strip of land feet in width and containing approximately 9,754 square feet, more or less and situated within the northwest Ya northwest `/4 of Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska and more particularly described form the Point of Beginning: Commencing at the northwest section corner of said Section 5, said corner as monumented and shown on Kenai Cemetery Expansion, Plat 42009 -50 Kenai Recording District; Thence S00' 10'20 "E 132.83 feet along the north -south section line common with the west boundary of U.S. Survey 4969 to a point that is the southwest corner of U.S. Survey, said point being the TRUE POINT OF BEGINNING; Thence N90 °00'00 "E 469.64 feet adjoining the south boundary of U.S. Survey 4969 to the southeast corner ofU.S. Survey 4969; Thence S28 °43'00 "W 2036 feet; Thence 589'59'06 "W 792 feet to a point of curvature; GRANT OF EASEMENT - Page I of 3 M-1 Thence southwesterly along a tangential curve a distance of 31.41 feet, said curve being concave to the southeast, having a radius of 20.00 feet, a chord bearing of 544 °59'33 "W and a. chord distance of 28.28 feet; Thence S00 °00'00 "E 5.87 feet to a point on the eastern end of a dedicated right of way shown as Coral Street, said point being shown and monumented on Gusty Subdivision No. Seven, Plat '189-5 Kenai Recording District; Thence N90 °00'00 "W 60.01 feet adjoining the north boundary of Coral Street, right of way to a point common with the northeast corner of Tract: C -I of said Gusty Subdivision No. Seven; Thence N00 °00'00 "E 5.85 feet to a point of curvature,; Thence northwesterly along a tangential curve a distance of 31.42 feet, said curve being concave to the southwest, having a radius of 20.00 feet, a chord bearing of N45'00'27W and a chord distance of 28.29 feet: Thence S89 059'06 "W 249.14 feet to a, point of curvature; Thence northwesterly along a tangential curve a distance of 104.29 feet, said curve being concave to the northeast, having a radius of 630.00 feet, a chord bearing of N85'I6'21 "W and a chord distance of 104.17 feet to a point on said section line; Thence N00° 10'20 "W 9.36 feet adjoining said section line to the TRUE POINT OF BEGINNING. This easement area is shown on the map attached and marked as Exhibit A. If these is any conflict between the above description of the easement and Exhibit A, the above description of the easement shall govern. This easement is given to the Grantee, its successors and assigns, with the right of ingress and egress from the premises and for the purposes granted in this easement. Grantor is to fully use and enjoy said premises except for the purposes herein granted to Grantee - and provided the Grantor shall not construct or permit to be constructed any structures or obstructions on or over said easement that will interfere with the use and maintenance of utility and road access. GRANTOR: GRANT OF EASEMENT - Page 2 of 3 A CITY OF KENAI KENAI MUNICIPAL AIRPORT By: Rick R. Koch Its: City Manager State of Alaska j j ss Third Judicial District ) The foregoing instrument was acknowledged before me this _ day of 2012, by Pick R. Koch, City Manager for the City of Kenai, an Alaska municipal corporation, on behalf of the City. ATTESTED: Sandra iviodigh, City Clerk SEAL: Approved as to Form: Kri4th S. Stearns, City Attorney RETURN TO: City of Kenai 214 Fidalgo Avenue Kenai, AK 99611 GRANT OF EASEMENT - Page 3 of 3 M. Notary Public of Alaska My Commission Expires: T6N R11W T5S4969� 4! R1 ?NJ� S6 168 a v�� z U S. Survey 496x9 � n °C GCs Seotionune Easement ° to be vacated _ J 50 Section Une Easement' v — '�" to be vacated —� as O 60, RO 0,2 First A venues ROW TO BE DEDICATED , - - _ - --- - � N90 "DO OG "E 469.77' L5 PUBLIC ACCESS, ASEMENT _ C C3 S89 °59'06"W 249.14' �^d -®®J S90'00 00 "W 60.01' Un2UWe "NAdad 7 acaL m I � �0 d / aU)OR�n 8UBD (0 a LEGEND 3 1/4 BRASS BLM MONUMENT RECOVERED I�- O SECONDARY MONUMENT RECOVERED 5/8 REBAR - — CURVE TABLE �CURVE I LENGTH RADIUS I DELTA CHORD BEARINGI CHORD Ct 31.41' 20.00' 89'59'06" S44'S9'33'_W 28.28' C2 31.42' 20.00' 9D'00'S4" N4500`27 "W 28.29' C3 104.29' 63D.00'i 9'29'04" ' N85'76'21 "W 10417' Bar Scale �p � sI i INTEGRITY SURVEYS, INC 43335 K —Beam Rd. Ste. 10 Soidotna, AK 9966' SURVEYORS PHONE — (907) 262 -5573 PLANNERS FAX - -- (907) 262 -5574 99 THIS PAGE IS INTENTIONALLY LEFT BLANK L� March 8, 2012 Ms, Christine Lambert Records 8s Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 210 FidalgoAvenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7035 / FAX: (907) 283 -3014 wwrw.d.kenai.ak.us At its regular meeting of March 7, 2012, the Kenai City Council approved the renewal of the liquor license for American Legion Post #20; license number 1380. The City has raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. If you have any questions, please contact me at 283 -7535, extension 231. Sincerely, Sandra Modigh, CMC City Clerk cc: johni Blankenship, Kenai Borough Clerk Applicant Borough Finance Department M. KENAI PENINSULA 744 North Binkley Street o Soldotna, Alaska 99669.752D p PHONE: (907) 714 -2160 e FAX: (907) 714 -2388 To([-free within the Borough: 1- 800 - 478.4441 Ext. 2160 ,s Email: assemblycierk @borough.kenei.ai<.us r a.•,f. January 26, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non - Objection of License Renewal Business Name American Legion Post #20 License Type Club License Location City of Kenai License No. 1380 Dear Ms. Lambert, 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 do not hesitate to contact our office. Sincerely, johni Blankenship, MMC Borough Clerk JB %kir cc: Applicant City of Kenai KPB Finance Department File :. M March 8, 2012 "1 lla e witk a Past, sty wiM a Futttre" Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 210 • =ao la 99611-7794 Telephone: 9 A 9 283-3014 www.ci.kenai.ak.us At its regular meeting of March 7, 2012, the Kenai City Council approved the renewal of the liquor license for Fraternal Order of Eagles; license number 337. The City has raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. If you have any questions, please contact me at 283 -7535, extension 231. Sincerely, Sandra Modigh, CMC City Clerk cc: Johni Blankenship, Kenai Borough Clerk Applicant Borough Finance Department M January 26, 2012 KENAI PENINSULA 144 North Binkley Street o Soidoma, Alaska 99669 -7520 PHONE: (907) 714 -2160 e FAX: (907) 714 -2388 Toil -free within the Borough: 1-800 - 478.4441 Ext. 2160 Email: assemblyclerk @borough.kenal.ak.us Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non - Objection of License Renewal Business Name Fraternal Order of Eagles #3525 License Type Club License Location City of Kenai License No. 337 Dear Ms. Lambert, J � 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 do not hesitate to contact our office. Sincerely, John! Blankenship, MMC Borough Clerk 16 /kir cc: Applicant City of Kenai KPB Finance Department File W. U March 8, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99567 -1286 Fidalgo Avenue, 99611-7794 Telephone: (907) 283-7535 / FAX: (907) 283-3014 At its regular meeting of March 7, 2012, the Kenai City Council approved the renewal of the liquor license for Pizza Hut #9; license number 2596. The City has raised no objections based on unpaid taxes, delinquent taxes or obligations of the premises to the City. If you have any questions, please contact me at 283 -7535, extension 231. Sincerely, Sandra Modigh, CMC City Clerk cc: Johni Blankenship, Kenai Borough Clerk Applicant Borough Finance Department :• KENAI PENINSULA BOROUGH EEL 144 North Binkiey Street a Soldotna, Alaska 99669 -7520 yy PHONE: (907) 714 -2160 o FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478 -4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us a' M January 26, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non - Objection of License Renewal Business Name Pizza Hut #9 License Type Restaurant /Eating Place License Location City of Kenai License No. 2596 Dear Ms. Lambert, 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 do not hesitate to contact our office. Sincerely, 4-r— r lohniBlankenship MMC Borough Cierk SBf klr cc: Applicant City of Kenai KPB finance [)apartment File 91 Sponsored by: Planning & Zoning Commission \\ tGre<y CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.22.010, "LAND USE TABLE," TO ALLOW BED AND BREAKFAST IN THE RECREATION ZONE (R) AS A PERMITTED USE INSTEAD OF REQUIRING A CONDITIONAL USE PERMIT. WHEREAS, the Section 14.20.145, Recreation Zone, defines the intent of the zone to contain both public and private lands to be utilized for commercial and non- commercial recreation and residential purposes; and, WHEREAS, land uses permitted in the Recreation Zone include guide service, hotels, motels, lodges, theaters, commercial recreation, and cabin rentals; and, WHEREAS, land owners in the Recreation Zone must obtain a conditional use permit from the City in order to operate a bed and breakfast in the Recreation Zone; and, WHEREAS, the commercial impact of a bed and breakfast is less than the other commercial uses permitted in the Recreation Zone; and, WHEREAS, section 14.22.010, Land Use Table, should be amended to provide for bed and breakfasts as a permitted use in the Recreation Zone; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- 04, recommends that the Council amend the Kenai Municipal Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1< Form: This is a Code ordinance. Section 2, Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code, section 14.22.010, Land Use Table, is hereby amended as shown. on Attachment A to this ordinance. Section 3. Severability: If arxy part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text: Underlined; [DELETED TEXT BRACKETED] 91 Ordinance No. 2614 -2012 Page 2 of 2 Section 4. Effective Date: Pursuant to KMC 1.15.470(1), this ordinance shall tale effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of , 2412, ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April 21, 2012 New Texe Underined; [DELETED TEXT BRACKETED] 92 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE : Reference footnotes on following pages for additional restrictions RESIDENTIAL (I GVNEN" Mb IKil.td I I LAND USES C RR 1 RRI RS i RSS RS2 RU CC CG - IL IEL L°I3 R TSIi LC CMU One Family Dwelling { CI" P P P F 1' P P p91 i S' j S' S' C' P P P S4C"' Two /Three Fancily Dwelling Cis P 1 P P P P P P" S' C i C( C' P I, n P Four Family Dwelling I C" P C"" P N N P P''' i Si C C C" N P C S'IN' Five/Six Family Dwelling C" C' N P N N P P" Sl ! C C N i N P C 1 Sbxll 1 seven or More Family Dwelling C1tl C' N C' N - N P 1, S C C N N ( P C S' /C," rTownhoos& Cu, j C� C'''''' C' C° C' C' C C C C i C' C C C C (Mobile Home Parkas N j C N C C C C C 7 C C C N C N N( C D�Planned Unit Residential opment' C'" 1 C CR4 C C C C l C C: ! C C N C C C C COMMERCIAL LAND USES C RR RRI RS RS1 i I RS' RU i� CC � CG IL I I III ED � R TSIf � LC CNIU Automotive Sales N j C N N N N C P P P P j N N N` N P Automotive Service Stations N( C� N N N N C P P I P P N C! N N P Banks N C N� C N N C PF P P C N C I C C P Business /Consumer ;Services N C N C N N C P P P I C N C C C P Guide Service f N C N C N i N C P P P I P N i P} p C 'i Hotels/Motels N C NN N C P P P i C N C P C P 1 Lodge N C I N C N N C j P i P P l C N P P C P j Professional Offices R C Cr9 C N N P P P P P , N f C P P P Restaurants N C N ( C N N C ' P P P 1 C i N C C C P Retail Business s N's j C N C N N C P 3 P P 1 P S''° ' S's C C_ P Wholesale Business � N C N N C C 1 p P P V S "` C Theaters /Cre m edal Recreation N TCN C .._ N N C P P C C N P C C New Teat Underlined; IDELETED TEXTBRACKETEDI 93 Ordinance Na. 2610 -2012 Attachment A Page ; KEY P = Principal Permitted Use C = Conditional Use S = Secondary Use N =Not Permitted LAND USE TABLE ZONING DISTRICTS NOTE: Reference footnotes on following pages for additional restrictions INDUSTRIAL= LAND USES C RR i RRI RS i RS1 RS2 RU CC CG IL Did 1H) R ,rsii 11 LC� AIU Airports and Related Uses P2° C N C N N C 1, P P P N Automotive Repair N C N C N N j C P P P P N N N N Gas Manufacturer/Sturtge N N N C N N N N N C9 Cr C N y N N N Manufactun inglFamicating/ Assembly N C N C N t4 C C P P P N C C N C Milli-Storage Facility N C N C N N C C P P P N N N C 1 C Storage Yard C N C N N C C P P I N N N N c Warehouses N, C 1 N C N N C N P P P N C N N N PUBLIC/ INSTITUTIONAL . . . ...... ........ I LAND USES C RR Rit I IRS H_ RS RS2 RU CC CG IL in D R TSH LC CMU Charitable institutions C C Col C C C P P j P P P P C I 1, C I P Churches* C Pill 1'. pill PW Pill PI, P Ill III[ C C C P pill P p i 1, Clinics C C i N C I C C 1 C P P P C i C C i C P P Colleges* C C C21 C C p C C P C C C P Elementary Schools- C C C C C C P P C C P C C C P Govemmentel Buildings C C C2, C C C C P 1, P C P C I p P High Schools- C C C 11 C i C C C P P C C C C P HosplitaI C C I N C C C C P P P C C C C C P Liluariess- C C C C C C12 P F P C P C C P I Museums C C C29 C C C C P P P C P C 1, C 1 1, _i Parks and Recreatlon P C C" C C C f =CP P P 1 P p P C P Assisted Living C I C C C C 1 3 C C C C C C C i C, l C MISCELLANEOUS LAND USES C RR RRI RS RSI RS2 RU CC CC IL tit ED R TSH LC CMU Animal Boarding" I C C N C C N C C C C l" C N C 1 C Bed and Breakfasts C C C C C C C i C C C N jC]P C C P Cabin Rentals C C N C N N N P P P C N P P C P Cennewirses C C N C N N N N C C C N C C N N Crematories/Futeral Homes Day Care Centers" N C C C N C C C N C N C, C C C P C P C C 1 C H C C C C C C C P P Domnifortes/Boarding 1 Houses C C N C C P" C P P13 C C C P ---------- Essential Services P 1 11 P P — P ------ P P P P P p P P P p P ament Farming/Gencral P P P P N N N N N +Ni N N N P N P N N Gireer�houscsfftce l i ce I ��, se Usursetfies" C C N C C C C P P P C N C C p LAND USE TABLE New Text Underlined; [DELET D TEXT BRACKETED] g�f Ordinance No. 2610,2012 Attachment A Page 2 KEY: P = Principal Permitted Use N NOTE. Reference, footnotes on following pages for C = Conditional Use a additional r restrictions S = Secondary Use N = Not Permitted ZONING DISTRICTS MISCELLANEOUS LLI �`i EOUS 4 LAND USFS 7 R RR [ R RRl R RS R RSI R RS2 If R RU C CC I CG I IL � 1H r rl) � R R TSH I t C I C CIVIL G Gunsmithing, Printing, N i C C N N i C C C C C C C C I I P P P Pp N N C C P P P P Taxidermy Assemblies 10(Lai C C C N N C C I I C I I C C C P P'r P' I P P'5 i To ) )," C C P N P P" 'Circuses, Furs Etc,) t t ) ) Trateral Organizations/ N C C N N C C C C C C C C P P t P P P i C N N C C 1 C f P P Private Clubs/Social Halls i and Union Halls i I I INursiug, Convalescent or N C C N N' C C C C C C i C C P P! P C C C C C C C I C C P P [ �Rest Homes 1 r 1 i P 'Parking. Off-street P l P P - P P P P P P P P P P P P P i P P P l P P i P F P P P Communications Towcrs& P 1 C N C C C C P P P P P C C! C C Amenna(s), Radio /TV �Trensmitters /CellSites * *'" j 1 ;Recreational Vehicle Parks C C N C N N C l C C i C C N C C N C Subsurface Extraction or C' C C C C C C C C C C N C 'J N N Natural Resources"' � Surface Extraction of C! C N C Y N N C I N C C i C N C N N N� Natural Resources" See 42 USCA Sec 2000ce (Religions Land Use and Institutionalized Persona Act of 2000) See 42 Telecommunications Act of 1996, Sec. 704(a) See, however, the limitations imposed under KNIC 3.10.070 Footnotes: 1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and ma,tom- 1 highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 12. One (1) single - family residence per parcel, which is pan of the main building. 13, Allowed as a conditional use, subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b. The site square footage in area must be approved by the Commission; i C. Yards around the site, off-street parking, and other development requirements shall be the same as for principal .....uses in. the RR zone: d. Water and sewer facilities shall meet the requirements of all applicable health regulations; e. The proposed dwelling group will constitute a residential area of sustained desirability' and stability; will he in i harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property f values; f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the j anticipated population, h. The development shall not produce a. volume of traffic in excess of the capacity for which the access streets are designed; i_ The property adjaeent to the proposed dwelling group will not be advcrse;y affected. j 4. See "Townhouses" section. j New Text Underluied; [DELETED TEXT BRACKETED] 95 Ordinance No, 2610 -2012 Attachment A Page 3 5. See "Mobile Homes" section, 6. Allowed as aconditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See "Planned Unit Residential Development" section. 8. Allowed as a conofuonat use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and 'fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. it. Allowed as a conditional use, provided that no pert of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 112. Allowed as a conditional use, provided that the following conditions are met: i I a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets, 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. i 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the monuary. 115. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any edioining property in a residential zone. b, Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144- 2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft moverriem areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed, 121. Developments for use shall be the sate as those listed in the "Development Requirements Table" for the RU /TSH zones. 21 Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers ar students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self- service laundries, fitness centers, photographic studios, wilors, tanning salons and massage therapists, - --- 126r - - -- Food services are allowed on a temporary oi- seasorral basis of not more -that. - four (4)- months per year. -- - - - - -- New Text Underlined; (DEI�eD TEXT BRACKETED) `Jll7� Ordinance No. 2610 -2012 Attachment A Page 4 Limited Commercial Zone Personal Services Pcrmfttcd(F) Conditional Use(C) An SYVdios ' X Barbers X Benutichnrs X Dressmakers X Dry Cleaners X self - service 1 j Laundries 1 I X Fitness Centers X Massage Therapist _ X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined; (DEI�eD TEXT BRACKETED) `Jll7� Ordinance No. 2610 -2012 Attachment A Page 4 Personal services not set forth in the above matrix are conditional uses. 28. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are reef, or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 mid 1420.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access f3om a dedicated right -o£ way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center u: the driveway access as shown on an as -built drawing /survey ofthe parcel. New Text Underlined; [DELETED TEXT BRACKETED] 97 Ordinance No. 2610 -2012 Attachment. A Page 5 m DATE: February 24, 2012 SUBJECT: Ordinance No. 2610 -2012 -An Ordinance Of The Council Of'The City Of Kenai, Alaska, Amending Kenai Municipal Code 14.22.020, `Land Use Table, " To Allow Bed And Breakfast In The Recreation Zone (R) As A Permitted Use Instead Of Requiring A Conditional Use Permit. The PIanning & Zoning Commission is recommending an amendment to KNIC 14.22.010, "Land Use Table" to allow Bed and Breakfast as a permitted use in the Recreation Zone. Under the existing Land Use Table, Bed and Breakfast require a Conditional Use Permit in the Recreation Zone (KMC 14.20.145). The Recreation Zone allows multiple commercial uses as permitted uses including hotels, motels, theaters, commercial recreation and cabin rentals. Because a Bed and Breakfast is fully contained within a residence and operates under strict restrictions (I NIC 14.20.321), the use has much less of an impact to adjoining properties. It appears reasonable that Bed and Breakfast should be allowed as a permitted use in the Recreation Zone. .. • . .,. IN :. a ., � A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDSNG KENAI CITS' COUNCIL AMEND KENAI MUNICIPAL CODE 14.22.010, "LAND USE TABLE,,, TO ALLOW BED AND BREAKFAST IN THE RECREATION ZONE (R) AS A PERMITTED USE INSTEAD OF REQUIRING A CONDITIONAL USE PERMIT. WHEREAS, the Section 14.20.145, Recreation Zone, defines the intent of the zone to contain both public and private lands to be utilized for commercial and non- commercial recreation and residential purposes; and, WHEREAS, land uses permitted in the Recreation Zone include guide service, hotels, motels, lodges, theaters, commercial recreation, and cabin rentals; and, WHEREAS, land owners in the Recreation Zone must obtain a conditional use permit from the City in order to operate a bed and breakfast in the Recreation Zone; and, WHEREAS, the commercial impact of a bed and breakfast is less than the other commercial uses permitted in the Recreation Zone; and, WHEREAS, section 14.22.010, Land Use Table, should be amended to provide for bed and breakfasts as a permitted use in the Recreation Zone; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF IiENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section Z. Form: This is a Code ordinance. Section. 2. Amendment of the Kenai Municipal Code, KMC 14,22.01 : The City of Kenai Municipal Code, section 14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. Sections 3. Sever ability: 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. NewTev Unde.-lmed; [DELI TE3iT aRAC1=ED1 Resolution PZ2012 -04 Page 2 of 2 Section 4, Effective Date: Pursuant to KMC 1. 15,070(f), this ordinance shall take effect one month after adoption. Dated at Kenai, Alaska this , � day of ))-r, , rbr _ 2012 CHAIR) tlt } (1 ATTEST: New Taxt; Underlined; 1DELETHI-I TEXT BRACKETED] WON 19.2.010 Land use table. KEY: P = Prncinal Peartnued Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL I LAND USES C RR RRI I RS RSI RS2 RU CC CC IL I III ED R TSH LC CMCI One Family Dwelling C° p p P P P Y Pr' S` S2 § C" P P P six" Two /Three Family Dwelling C12 P P P } P P P It Pet { S' I C j C C" P P P S' /C 21 Pour Family Dwelling C's P C3,29 p N N P P" S' C C C22 ! N P C S'IC2i Five /Six Family Dwelling C's C' N F N N P 1'11 S' C C N N p C S'/C31 Sever or Mine Family Ilweiling � C12 C' � N C3 N � N P P" S' C C � ! N i N P it C S'IC I Townhouses" C° C C3'89 Cl Cl C' C' C C C C C" C 1 C C C Mobile Home Parks° N C N C C C C C C C C N C N N C Planned Unit Residential Development' C12 C 1 C29 C C C C C a C C C N C C C C COMMERCIAL LAND USES C RR Rill RS RSI RS2 RU CC CC IL III ED R ( TSH LC CMU I Automotive Sales N I C N N N N C P P I P P N N N N p Automotive Service Stations N C N N N N 1 C. P P P ( P N C N N P i Flanks N C N C j N N C I P P I P C N C C C P Business/Consumer Services N C N C N i N C P C P P C i N C l C C P !Guide Service N C N C N N C P P p p N P l p C P Hotels /Motets N C N C N N C P P P! C N C P C P Lodge N C N C N N C P P i p C N P p C P Professional Offices N C C29 ^ N N P P P P P N C l P P l p Restaurants N f C N C N N C P P P C N C C C p Retail Business N26 C N C N N C P P P p s'" S'° C C P Wholesale Business N C N C N N C I C P P( P N I St' C` C N Theaters /Commercial Recreation —N - -' C f - -N C - -N N - - -C P. �.. P C.....0 N �.. P._ C C_..I p._. 1Q� New Text Underlined; [DELETED TE},T BRACKETED] RrFnll aYlnn Nn LAND USE TABLE ILEX: P = Principal Permitted Use C = Conditiona! Loe S = Secondary Use N= Not Permitted NOTE: Reference footnotes or, following pages for additional restrictions LkIND USE p Assi.,L IDew Test Underlined; (DELETED TEXT EBRACH=, Dj ZONING DISTRICTS INDUS'T'RIAL I LAND USES C RIk 11RI RS RS, 1152 RU CC CG [L EH ED R TS 14 LC CMU Airports and Related Uses P`0 0 IN C N N C p P P P N C N N C Automotive Repair N r C N C N N C P P P P N N N N p Gas Maranacwrcr /Storage A ssemblsembl turing/Fab rlcztingl Ay N N N C N N C' C N N N N N C N I C N P C' P P N C N C N N N C Mini- Stmzge Facilitv N C N C N N C C P P )> N N N C C f Storage Yard I N[ C N C N N C f C P P P N N N f N j C V_Jarehoases N C N C N N C N P P p N C N N N' PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS ft51 t RS2 RU CC: CC Ty I Un I ED R 'iSN LC CMU Charitable Institutions C C C'9 C I C C P P P P p o C P C P Churches* �Clir.ics 1 C C PtG C P ", N p +o C pio C pro C pm C plo P plu C 1 C P P10 P P p [Colleges* C C C39 C 1 C C C P p C j C P C C C I P Elementary Schools* C C C`' C C C C P P C 1 C P C C C P Governmental 6eildings C C C29 C C C C P High Schools* C C', Gas 1 C C 1 C C P P C Hospitals* .. C N I C C C C. P P P C C C C G p Libraries, 1 �Museurrse C C Cz i C C C C P C F C P 1 C C Ca' I Parka and Recreation P C C" C C l C C P P P P 1 P P p C P Assisted Living _. MISCELLANEOUS C_. I C C C --C C I —C C 1.....-C C C I C C C LAND USES Animal Boarding° t C C RR RRI C r N RS C RS C R82 N RU N CC C CO C IL [ C IR C ED N R TSH C l N LC C CMU C 1 Bed and 8irakfhsts Cabin Retrials C C C C C N i C C 1 C N C N C[ N C P C P e P[ C s C N (C1P� N P C P C i C p P Cemeteries C [CrematoriesJFunerat Homes N Day Care Centers' I C I Dormitories /3aard+'ng C Houses C NC C N C C', C I N C C N N C I N N C N C C N C P C C[ P C C P C C P N C[ N C P" C C C C N C C N C P Essential Services P[ P P P P P P ? F P P P P P P P Farming /General P iAgricultw�e'"'"+ Greenhouses/Tee C !Nurseries' P N � � t C N N C N � C N C N C N P N P N i P P C l N P N C N C N� i C N I P LkIND USE p Assi.,L IDew Test Underlined; (DELETED TEXT EBRACH=, Dj KEY: P = Principal Permitted Use C= Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference foomotes on following pages for additional restrictions BONING DISTRICTS MISCELLANEOUS i LAND USES C RR RR7 RS RSI R52 RU CC CG EL dF3 ED ER TSH LC CMU Gunemithing, Printing, N C N C I C C C P P P P N P P P Taxidermy Assemblies" (Large: C C N C C C C Pis P15 Pu pie Ps C P N Pr' Circuses, Pairs, Pre.) Fraternal Organizational N C N P Private clubs/Social Halls and Union Halls I Nursing, Convalescent or N C N C C C C P P; C C C( C C C P Rest I -Iomes Parking, Off-Street P P P P P P P P P P j P P p p p p Parking, Public Lots" C C N C C C C C! C C C C C C C c C Personal Services" r C C N C C C C P P P P C 1 C P P! P V7 Communications Towers& P- C N C C C C P P p P P C C C C Antenna(s), Radm/TV I Transmitters /Cell Sites *" I I Recreational Vehicle Pars C C N C N N C C C C C N C C N C Subsurface F.xt t,,mrof C C C C C C C C C C C N C N N N Nzturai Rasourcosr` Surface Extraction of C C N C N N C N C C C N C N N N ',Jatural Resamces" I See 42 USCA Sec. 2000ae (Religious Land Use and institutionalized Persons Act of 2000) See 42 Telecommunications Act of 1996, Sec. 704(x) * "* See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1. .Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of ICYIC 14.25 shall include any secondary uses in the landscaping and site plans. One (1) single - family residence per parcel, which is part of the main building. �o I, Allowed as a conditional use; subject to satisfying the following conditions: a. The usable area per dwelling unit shall be the same as that required for dwelling units to the RS wne, b _.- The site square- footage -in -area must be approved by the Commission; kC. Yards around the site, off- street parking, and other development requirements shall be the same as for principal uses in the RR zone; d. Water and sewer facilities shall meet the requirements of all applicable health regulations; 1 C. The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; £ The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage Spaces, and recreational and community activities; g. There shall be provided; as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population.; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; 1. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. 104 New Text Underlined; IDELETED TEXT HRACKLrMl 15- See "Mobile ile Homan" section. 16. Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal; Housing Authority requirements. T See "Planned Unit Residential Development" section. i �8, Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. '.9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street a, property line. H. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street m property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. !2. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off -street parking for Che use are located to prevent traffic hazards on public meets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not he a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary - 15. Allowed, provided that the following conditions are met: e. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off - street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. Sec "Conditional Use Permit for Surface Extraction of Natural Resources" section. !8, Conditional Use allowed only on privately held property. Not allowed on government lands, f i9. Deleted by Ordinance 2144 -2006. i 20. Tne airport related uses allowed under this entry are aircraft approach zones per KMC 14,20.070(a), except that for Properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21- Developments for use shall be the same as those listed in the "Development Requirements Table" for the RUlTSH zones. 21 Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23. Allowed as an accessory use in conjunction with a permitted use in the ED zone, For example, a dormirory used to house students for a school or educational facility. 24. Retail businesses allowed as a secondary use in conjunction with the primary use (c 9, a gift shop or coffee shop within another business). 25. Art studios, barbers, beauticians, tattoo parlors, dressmakers,, dry cleaners and self service laundries, fitness centers,- - photographic quotas, tailors. tanning salons and massage therapists. 26, Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27. I Limited Commercial Zone Personal Services Permitted(P) Conditional I (C) I Art studios ! X 1 Harpers X aeauchhans X Doessmalceis X Dry Cleaners X i Sell= Service Laundries X I Fitness Cepters X Massage Therapist X , Photographic Studios X Tailors X Tanning Salons X Taftoo Parlors X F New Text Underhned; IDELETED TEXT BRACRrM, DI Resoin mn %n )ma_na. a +«�..n.......,. . Personal services not set forth it.. the above matrix are conditional uses. Communications tower /antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 1410.150 are met. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right- o4-way and that driveway access is not more than 275 feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as -built drawing/survey of the parcel. New Texi Underlined; (DELETED TEXT 6RAC,=EDI (� Sponsored by: Council Member Molloy ftaeu of CITY OF KENAI AN ORDINTANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 14.20.150, "CONDITIONAL USE PERMITS," TO EXPAND THE AUTHORITY OF THE PLANNING & ZONING COMMISSION TO CONSIDER REQUESTS FOR EXTENSIONS OF PERMITS IN SITUATIONS WHERE THE CONDITIONAL USE PERMIT HAS LAPSED OR EXPIRED DUE TO NON -USE; TO EXTEND THE TIME FOR EXTENSIONS FROM 6 MONTHS TO UP TO ONE (I) YEAR EACH; AND, TO PROVIDE AN EXPRESS APPEAL PROCESS. WHEREAS, under the Kenai Zoning Code, owners and lessees of real property located in the City of Kenai may obtain a conditional use permit to allow an owner to use their property under certain conditions that help assure that a conditional use is compatible with the other uses in the zoning district and with the surrounding conditions in the neighborhood; and, WHEREAS, under the Kenai Zoning Code, KMC 14.20.150(i), a conditional use permit lapses twelve (12) months after its approval. if the property owner or lessee does not obtain a building permit or does not initiate the permitted use; and, WHEREAS, under KMC 14.20.150(i), a conditional use permit also automatically expires if the conditioned use is initiated by the property owner or lessee but then the use ceases to continue that conditioned use for a period of one year or longer; and, WHEREAS, the City's Planning and Zoning Commission may grant time extension for permits for up to six months it the property owner or lessee applies for an extension before the lapse or expiration of the permit and upon a finding by the Commission . that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit; and, WHEREAS, unless the property owner or lessee files their request for an extension of their conditional use permit prior to lapse or expiration of the permit, and that extension is approved, the lapse or expiration of the permit is automatic and the City Code does not require the City to notify the property owner or lessee that the conditional use permit will lapse or expire (although the current practice is to provide such notice; and, WHEREAS, property owners and lessees may not always be aware of the automatic lapse or expiration of their permits, particularly where there may be questions about when a particular use initiated has ceased according to the City; and WHEREAS, conditional use permits are significant property rights upon which property owners a-rid lessees rely by investing their time and money in their property, thereby contributing to the growth of economic activity in the City of Kenai; and, New Text Underlined; [DF,LETED TEXT BRACKETED] 107 Ordinance No. 2611 -2012 Page 2 of 6 WHEREAS, poor economic conditions and other circumstances may cause a property owner or lessee to cease a conditioned use for a period of time until the economic conditions or circumstances improve, and the property owner or lessee then may desire to re- initiate the conditioned use; and, WHEREAS, in order to support business and other property investment in the community it is in the best interests of the City to provide the Commission with more flexibility to consider requests for extensions of longer than 6 months as well as under circumstances where the permit would have already automatically lapsed or expired; and, WHEREAS, to balance the interests of the City with respect to maintaining the integrity of neighborhoods and the interest of the property owner or lessee with respect to protecting their investment in a. property, the Commission should also be able to entertain applications for extensions of a permit unless the City provided the property owner with express, written notice that the permit will automatically lapse or expire, in which case the property owner will have 90 days to request an extension of time to continue the permit; and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- 05, recommends that the Council amend the Kenai Municipal Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED By THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14 20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional use permits, is hereby amended as follows: 14.20.150 Conditional use permits. (a) Intent: It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. New Text Underlined; [DELETED TEXT BRACKETED] 11: Ordinance No. 2611 -2012 Page 3 of 6 (b) Applications: Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of th.e property involved; (4) A description of the proposed use; (5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and,. (6) The appropriate fee as set forth in the City's schedule of fees adopted by the City Council. (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safety, health or welfare; and, (6) Any and all specific conditions deemed necessary by the Commission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. (e) Issuance of the Permit: Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the fifteen (15) day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e,g., sales tax, property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. New TeX' Underlined; [DELETED TEXT BRACKETED) e, Ordinance No. 2611 -2012 Page 4 of 6 (I) Yearly Reports; The permit holder shall submit a yearly report between October Ist and December 31st to the administrative official. Such report shall include a summary of the on -site activity. (g) Revocation for Noncompliance/ Compliance Notices; If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the terms and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not. revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in. this paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) Modification of Final Approval: (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; (b) To implement a different development plan conforming to the standards for its approval. (2) The modification application shall be subject to a public hearing and the appropriate fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. O Expiration— Extensions — Transferability: (1) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. [(2) THE COMMISSION MAY GRANT TIME EXTENSIONS NOT TO EXCEED SIX (6) MONTHS EACH UPON A FINDING THAT CIRCUMSTANCES HAVE NOT CHANGED SUFFICIENTLY TO WARRANT RECONSIDERATION OF THE APPROVAL OF THE CONDITIONAL USE PERMIT. A REQUEST FOR AN EXTENSION MUST BE SUBMITTED PRIOR TO THE EXPIRATION OF THE PERMIT. A PUBLIC HEARING SHALL NOT BE REQUIRED PRIOR TO GRANTING AN EXTENSION OF TIME.] ([3]2) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. Nea, Text Underlined; [DELETED TEXT BRACKETED] am Ordinance No. 2611 -2012 Page S of 6 (3) The Commission may gLant +true extensions to stay the lapse or the expiration of a permit for periods not to exceed one year each upon a cause exists to grant the time extension AApermittee must request a time extension in writing. and submit any supporting materials within ninety (90} days of the date of the administrative official's written notice to the nermittee that either the permit has lapsed under subparagraph (1) or that the hermit has expired under subparagraph (2) by a date certain. If the administrative official does not issue a written notice concerning lapse or expiration, the permittee may request a time extension at anv time within Two (2) years of the date the permit was under this subparagraph (3). (41 A permittee who disputes the administrative official's determination that the conditioned use has not been timely initiated or has ceased for a period of one (1) year or longer may appeal the official's determination to the Board of Adjustment in accordance with KMC 14.M290. if the final decision on the request for a stay ([4]5) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. 6. Appeals from decisions of the Commission under this section shad be- made in accordance with the provisions of KMC 14.20.290. (j) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED] 111 Ordinance No. 2611 -2012 Page 6 of 6 Section 4. Effective Date: Pursuant to KMC 1.15.070(fl, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of , 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April 21, 2012 New Text Underlined; [DELETED TEXT BRACKETED] 112 �- OMayor is - and City Council i:. ': FROM: Council Bob f is DATE: February 0 Ordinance f, n My memo to Planning & Zoning Commission dated February 20, 2012 should be in the meeting packet. At its February 22, 2012 meeting, the Planning & Zoning Commission's view was that the right of the holder of a conditional use permit (a "permittee ") to apply for time extensions should not be in perpetuity, that there should be a limit to the number of times a permittee may apply for a time extension. Accordingly, the Commission voted unanimously to amend PZ12 -05 as to proposed new paragraph (i)(3) -- by adding the language that I have underlined below -- thereby recommending that Council include that language in this ordinance: (3) The Commission may grant time extensions to stay the lapse or the expiration of a permit for periods not to exceed one year each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit or that good cause exists to grant the time extension. A permittee must request a time extension in writing, and submit any supporting materials, within ninety (90) days of the date of the administrative official's written notice to the permittee that either the permit has lapsed under subparagraph (1) or that the permit has expired under subparagraph (2) by a date certain. If the administrative official does not issue a written notice concerning lapse or expiration, the permittee may request a time extension at any time within two (2) years of the date the permit was issued or the use ceased whichever is later. The Commission may, but is not required to, hold a public hearing prior to issuing a decision under this subparagraph (3). The Commission raised an important issue about perpetuity, and the amendment recommended for (i)(3) by the Commission is included in the ordinance. However, after further thought, the underlined language can be interpreted to apply only to the circumstances where code - 1 - 113 enforcement hasn't send a notice letter. There would need be a time limit on the extensions that can be granted to a permittee even where code enforcement has sent a notice letter to the permittee, or the perpetuity issue is not really resolved. The proposal to resolve this issue, tracking the Commission's use of two (2) years, is to add an additional sentence, and is set out in the language underlined below (3) The Commission may grant time extensions to stay the lapse or the expiration of a permit for periods not to exceed one year each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit or that good cause exists to grant the time extension. A permittee must request a time extension in writing, and submit any supporting materials, within ninety (90) days of the date of the administrative official's written notice to the permittee that either the permit has lapsed under subparagraph (1) or that the permit has expired under subparagraph (2) by a date certain. If the administrative official does not issue a written notice concerning lapse or expiration, the permittee may request a time extension at any time within two (2) years of the date the may, but is not required to, hold a under this subparagraph (3), Ktension. The Commission prior to issuing a decision The Council's consideration and support of Ordinance 2611 -2012 is respectfully requested. 114 11 a Post, , � a 210Fici*lgu Avenue, Kenai, Alaska 99611-7784 Te|ephonm:0O7-283-75S-5/ FAX: AD7-2D]'3014 �� l��J��l1Y��.��{`WDUP�t TO: jeffTxvolt Chair ~Planning & Zoning Commission Commissioners Bryson, Kneokstedt, Koester, Paterson, FROPP� Council Member Molloy DATE: February 20'2012 SUBJECT: Resolution No . PZ12~05 \ i� � Ordinance No. Pnaftj ,2012 ` Conditional use permits are, significant property rights upon which Droperty owners and lessees rely by investing their time and money in their property, and thereby contributing to the growth ci economic activity in the City of Kenai. A properly owner who op*nates e business in the City cf Kenai under a condUtivnu| use permK � closed thc+bu�ness for apehnd of tinnodue t: the dovvntunn|n the euonnnuy. The pn)pany ! owner has plans tn continue the use uy that property to, the business under the onn�itiono|use | permit because economic conditions and circumstances are improving, but had significant | concerns over the City's automatic expiration nfa conditions[ use permit if the use oeaoea for a � 'period of one (1) yoaz ur longer, While the Enio/^ceme,tw practice is to provide notice to 'he property owner before the permit automatically expires, there is nothing in the City Zoning Cudewhich requires that practice, Also, the City Zoning Code provides nvdirectiuntoProperly � owners arieasuex� there {a nothing Vn the properly owner's ability to file aoupp|i:a1ion � raguasflnQotimaextension, And at present, the Zoning Code gives authority tu the Planning & � Zoning Commission togrant time extensions only upon afinding 'that circumstances have not changed, st-ifficlently to warrant reconsideration of the approv-0; orf the conditions! use permit, and ! the time extensions are not b> exceed six (G) months each, ThoP|annin0 Department does sn � annual review od permits, and not aaemi-annualreview. � Discussion Any proposed solutions in Code to these issues need to be in the best interest of the Citvof Kenai aa applied b) Ell permit holders nr"penni8 � sms."no�/u��spp|ied�u�hein�Uua|pr1pedy owner's circurne'snoes. Ordinance No. �rDraftl- 2012 proposea the fofiovjina solutions to thess 115 (1) A permittee must request a time extension in writing, and submit any supporting materials, with 90 days of the date of the administrative official's notice to the permittee that, by a date certain. either the permit has lapsed [if no "wilding permit is procured or if the allowed use is not initiated) or has expired [if for any reason the conditioned use has ceased fora period of one yeerorlonrgelj_ See proposed KMC 14,20.150(1)(3). (2) If the administrative official has not issued a written notice concerning lapse or expiration, the permittee may request time extension at any time. See proposed #CMG 14.201 50(i)(3), (3) The authority o €the Commission is expanded: (a) To grant a. time extension upon a finding either that (1) "circumstances have not changed sufficiently to warrant reconsideration of the approve" of the conditional use permit," as in the current Code,or that (2) other "good cause exists to grant the time extension," See proposed WC 14.20.150(1)(3). (b) To grant a'Lime extension for periods not to exceed one year each, instead of six months as in the current Code. See proposed KMC 14.20.150(1)(3), The additional time period should coordinate better with the Planning Department's annual review process. (4) The Commission may, but is not required to, hold a public hearing prior to granting an extension of time or issuing a decision on the application for time extension, See proposed KMC 14.20.150(1)(3). Current Code provides that "a public hearing shall not be required prior to granting an extension of tame." (5) If the permittee disputes the administrative official's determination that the conditioned use has not been timely initiated or has cea's11d for a period of one (€) yea; or longer, the permittee may appeal the official's determination to the Board or Adjustment. However, if the permittee has requested a stay by filing an application for time extension, tnen the time for appeal does not begin to run until the Commission has made a €11121 decision on the request for stay. See proposed KMC 14.20.150(i)(4) and (6). This allows the permittee. and the City, to consoildate the appeals of the administrative official's decision and the Commission's decision; and appeal procedures are in accordance with KMC 14.20.290. Your recommendations and action on proposed PZ12 -05 and Ordinance No. tDraft - 2012 is respectfully requested. Acknowiedaements In the past, ` have said publicly that when the Council sits on the dais in meetings, we don't sit alone. That's especially true of legislation. For then valuable assistance in crafting proposed solutions in the Kenai Zoning Code to these issues, and in making sure that this draft Ordinance is properly before the Commission for public hearing, many thanks go to: "Nancy Carver, Planning & Zoning Assistant, for code enforcement perspective and packet items; Marilyn Kebschuli, Planning Administration, for big picture ,perspective and packet items; Rick Koch, City Manager, aiso for big picture perspective; Krista S. Stearns, City Attorney, for consultations, legal advice, excellent uford- smithing, and packet items; and to Sandra K. Miodigh, City Clerk, and Corevne hall, Deputy Clerk, for timely publication. .. 2 - Memo to Commission, .. im. 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 u EN Telephone: 907- 283 -75361 FAX: 907- 283 -3014 1 IR 1992 SUBJECT: Ordinance No. 2611 -2012 -An Ordinance Of The Council Of The City Of Kenai, Alaska, Amending Section 14.20.150, "Conditional Use Permits, " To Expand The Authority Of The Planning & Zoning Commission To Consider Requests For Extensions OfPermas In Situations Miere The Conditional Use Permit Has Lapsed Or Expired ,Due To Non -(Ise; To Extend The Time For Extensions From 6 Months To Up To One (1) Year Each; And, To Provide An Express Appeal Process. Councilor Molloy is sponsoring an amendment to KM;C 1.4.20.150, "Conditional Use Permits " to expand the authority of the Plamring and Zoning Commission to consider requests .for extensions of permits in situations where the Conditional Use Permit has lapsed or expired due to non -use. The ordinance would also extend the time for extensions from 6 months up to one (1) year each and to provide for an express appeal process as identified in KMC 14.20.290. The Commission considered the amendment and held a public hearing on February 22nd. The Commission was concerned that the wording in the ordinance could provide for a permit holder to request -- extensions in perpetuity. To hopefully limit the time frame fora request, the Commission amended the proposed ordinance in section KMC 14.20.150(i)(3) by adding, "within two (2) years of the date the permit was issued or the use ceased, whichever is later" after "the permittee may request a time extension at any time," With the amendment, the resolution in support of the ordinance passed unanimously. After the meeting, Councilor Molloy considered the Commission's concerns and agreed that the issue that had been raised had merit. Councilor Molloy added additional language to the ordinance that is before the Council. The additional language was added to the same section, KN4C 14.20.150(i,)(3). That section now reads (new text italicized): 3 The Commission may uraa7i time extensions to stay the lapse or the expiration of a pennit for periods not to exceed one year each upon a finding that circumstances have not chanced sufficiently to warrant reconsideration of the approval of the conditional use permit or that good cause exists to 2Lant the time extension. A permittee must request a 117 Rick Koch, City Manager Ordinance No. 2611 -2012 February 24, 2012 time extension in writing, and submit any sumortin2 materials within ninety (90) days of the date of the administrative official's written notice to the permittee that either the permit has lapsed under subparagraph (1) or that the permit has expired under subparagra hp (2) by a date certain. If the administrative official does not issue a written notice concerning lapse or expiration, the permittee may request a time extension at any time within two (2) vears of the date the permit was issued or the use ceased, whichever is later. A permittee may be granted time extensions not to exceed a total a fpLoZ2j vears from the date of the Commission's want of t1Ze, first time extension The Commission may, but is not required to, hold a public hearing prior to issuinu a decision under this subparagraph (3). Administration supports the ordinance before the Council. 118 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE SECTION 14.20.150, "CONDITIONAL USE PERMITS," TO EXPAND THE AUTHORITY OF THE PLANNING & ZONING COMMISSION TO CONSIDER REQUESTS FOR EXTENSION'S OF PERMITS IN SITUATIONS WHERE THE CONDITIONAL USE PERMIT HAS LAPSED OR EXPIRED DUE TO NON -USE; TO EXTEND THE TIME FOR EXTENSIONS FROM 6 MONTHS TO UP TO ONE (1) YEAR EACH; AND, TO PROVIDE AN EXPRESS APPEAL PROCESS. WHEREAS, under the Kenai Zoning Code, owners and lessees of real property located in the City of Kenai may obtain a conditional use permit to allow an owner to use their property under certain conditions that help assure that a conditional use is compatible with the other uses in the zoning district and with the surrounding conditions in the neighborhood; and, WHEREAS, under the Kenai. Zoning Code, KMC 14.20. 1 50(i), a conditional use permit lapses twelve (12) months after its approval if the property owner or Iessee does not obtain a building permit or does not initiate the permitted use; and, WHEREAS, under KMC 14.20.150(i), a conditional use permit also automatically expires if the conditioned use is initiated by the property owner or lessee but then the use ceases to continue that conditioned use for a period of one year or longer; and, WHEREAS, the City's Planning and Zoning Commission may grant time extension for - permits for up to six months if the property owner or lessee applies for an extension" before the lapse or expiration of the permit and upon a finding by the Commission that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit; and, WHEREAS, unless the property owner or lessee files their request for an extension of their conditional use permit prior to lapse or expiration of the permit, and that extension is approved, the lapse or expiration of the permit is automatic and the City Code does not require the City to notify the property owner or lessee that the conditional use permit will lapse or expire (although the current practice is to provide such notice); and, WHEREAS, property owners and lessees may not always be aware of the automatic lapse or expiration of their permits, particularly where there may be questions about when a particular use initiated has ceased according to the City; and nem Text Underlined; [DELETED TEXT BRACKETED] 119 Resolution PZ2012 -05 Page 2 of 6 WHEREAS, conditional use permits are significant property rights upon which property owners and lessees rely by investing their time and money in their property, thereby contributing to the growth of economic activity in the City of Kenai; and, WHEREAS, poor economic conditions and other circumstances may cause a property owner or lessee to cease a conditioned use for a period of time until the economic conditions or circumstances improve, and the property owner or lessee then may desire to re- initiate the conditioned use; and, WHEREAS, in order to support business and other property investment in the community it is in the best interests of the City to provide the Commission with more flexibility to consider requests for extensions of longer than 6 months as well as under circumstances where the permit would have already automatically lapsed or expired; and, WHEREAS, to balance the interests of the City with respect to maintaining the integrity of neighborhoods and the interest of the property owner or lessee with respect to protecting their investment in a property, the Commission should also be able to entertain applications for extensions of a permit unless the City provided the property owner with express, written notice that the permit will automatically lapse or expire, in which case the property owner will have 90 days to request an extension of time to continue the permit; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.20.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.150, Conditional use permits, is hereby amended as follows: 14.20.150 Conditional use permits. (a) Intent: It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. New Text Underlined; [DELETED TEXT BRACKETED] 120 Resolution PZ2012 -05 Page 3 of 6 (b) Applications: Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: (1) Name and address of the applicant; (2) Verification by the owner of the property concerned if other than the applicant; (3) A legal description of the property involved; (4) A description of the proposed use; (51 Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and (6) The appropriate fee as set forth in the City's schedule of fees adopted by the City Council, (c) Public Hearing: If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280. (d) Review Criteria: Prior to granting a conditional use permit, it shall be established that the use satisfies the following conditions: (1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; (2) The value of the adjoining property and neighborhood will not be significantly impaired; (3) The proposed use is in harmony with the Comprehensive Plan; (4) Public services and facilities are adequate to serve the proposed use; (5) The proposed use will not be harmful to the public safety, health or welfare; and, (6) Any and all specific conditions deemed necessary by the Commission to fulfill the above - mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. (e) Issuance of the Permit: Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the fifteen (15) day appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obhgations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. New Text Underlined; [DELETED TEXT BRACKETED] 121 Resolution PZ2012 -05 Page 4 of 6 (f] Yearly Reports: The permit holder shall submit a yearly report between October 1st and December 31st to the administrative official. Such report shall include a summary of the on -site activity. (g) Revocation for Noncompliance/ Compliance Notices: If the Commission determines, based on the yearly review or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1) the terms and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with the city on any obligations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder. (h) Modification of Final Approval: (1) An approved conditional use permit may, upon application by the permittee, be modified by the Planning and Zoning Commission; (a) When changed conditions cause the conditional use to no longer conform to the standards for its approval; (b) To implement a different development plan conforming to the standards for its approval. (2) The modification application shall be subject to a public hearing and the appropriate fee as set forth in the City's schedule of fees adopted by the City Council in order to help cover the costs of the public hearing notice. Expiration— Exx:ensions— Transferability:. (:) An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. [(2) THE COMMISSION MAY GRANT TIME EXTENSIONS NOT TO EXCEED SIX (6) MONTHS EACH UPON A FINDING THAT CIRCUMSTANCES HAVE NOT CHANGED SUFFICIENTLY TO WARRANT RECONSIDERATION OF THE APPROVAL OF THE CONDITIONAL USE PERMIT. A REQUEST FOR AN EXTENSION MUST BE SUBMITTED PRIOR TO THE EXPIRATION OF THE PERMIT. A PUBLIC HEARING SHALL NOT BE REQUIRED PRIOR TO GRANTING AN EXTENSION OF TIME.] ([3]2) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one (1) year or longer. (31 The Commission may grant time extensions to stay the lapse or the expiration of a permit for periods not to exceed one year each upon a New Text Underlined; [DELETED TEXT BRACIC TED] 122 Resolution PZ2012 -05 Page 5 of 6 finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit or that good cause exists to grant the time extension A permittee must request a (11 or that the permit has expired under subparagraph (21 by a date certain. Tf the administrative official does not issue a written notice issued or the use ceased whichever. is later. The Commission may, but is not required to hold a public hearing prior to issuing a decision under this subparagraph (3l. period of one (l) year or longer may appeal the ofcial's determination to the Board of Adjustment in accordance with KMC 14.20 290 if the expiration shall not run until such time as the Commission has made a final decision on the request for a stay, ((4)S) A conditional use permit is not transferable from one (1) parcel of land to another. Conditional use permits may be transferred from one (1) owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. 6_ Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of KMC 14.20.290. ((} A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the -nine- (9) months immediately preceding. Section 3. Severabilitv: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f , this ordinance shall take effect one month after adoption. New Text Underbned; [DELETED TEXT BRACKETED] 123 Resolution PZ2012 -05 Page 6 of 6 Dated at Kenai, Alaska this 22nd day of February 2012. New Text Underlined; [DELETED TEXT HRACKFTEDI 124 Sponsored by: Planning & Zoning Commission -emu x AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 14.20.145, "RECREATION ZONE (R)," TO INCORPORATE CHANGES TO THE LAND USE TABLE (KMC 14.22.010) REGARDING THIS ZONING DISTRICT FOR PURPOSES OF CONSISTENCY AND TO MAKE FORMAT CHANGES FOR PURPOSES OF UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC 14.20. WHEREAS, Kenai Municipal Code sections 14.20.145, "Recreation Zone," and 14.22.010, "Land Use Table," each identify permitted principal uses and structures, permitted accessory uses and structures, and conditional uses and structures within the Recreation Zone and the uses identified in each of these Code sections should be identical; and, WHEREAS, because the Council adopted changes to the Land Use Table that affected the Recreation Zone and because those changes were not at the same time carried over and reflected by amendment to section 1.4.20.145, these Code sections are inconsistent; and, WHEREAS, section 14.20.145 should be amended to correct this inadvertent inconsistency and by making this amendment, KMC 14.20.1.45 will reflect the most recent determinations of the City Council with respect to allowed uses in the Recreation Zone; and, WHEREAS, it is also desirable to update the format of section 14.20.145 to create uniformity in KMC 14.20 in the way zoning districts are described and to prevent future inadvertent inconsistencies that could arise when land use standards in other parts of the Code (Land Use Table, Development Requirements Table, parking -- requirements, etceteras are - amended ; -and, WHEREAS, the Planning and Zoning Commission, through its Resolution No. PZ12- 03, recommends that the Council amend the Kenai Municipal Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2, Amendment of section 14.20.145 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.145, Recreation Zone (R), is hereby amended as follows: 14.20.145 Recreation Zone (R). New Te_ %t Underlined; (DELETED TEXT BRACKETED] 125 Ordinance No. 2612 -201.2 Page 2 of 3 (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non - commercial recreation and residential purposes, Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses [AND STRUCTURES]: As allowed in Land Use Table. [(I) BALL FIELDS; (2) EXERCISE TRAILS AND FACILITIES; (3) PARKS AND PLAYGROUNDS; (4) PICNIC FACILITIES; (5) RECREATION FACILITIES, SHELTERS, BATHHOUSES; (6) RECREATION CABINS; (7) SINGLE - FAMILY AND DUPLEX RESIDENCES; (8) TRAILS; (9) VISUAL CORRIDORS AND VIEWPOINTS; (10) WATERSHEDS; (11) BUNKHOUSES AND LODGES; (12) CHARTER OR GUIDING SERVICES.] (c) [PERMITTED ACCESSORY USES AND STRUCTURES: (1) BOARDWALKS; (2) PARKING -NOT TO INCLUDE LARGE TRUCKS OR TRAILER VANS; (3) ESSENTIAL SERVICES (AS DEFINED IN KMC 14.20.320(B); (4) WATCHMAN OR CARETAKER DWELLING.] [(D)] Conditional Uses and Structures: As allowed in Land Use Table and subject to the provisions of this chapter. [(I) BOAT HARBORS, DOCKS, WHARVES, LAUNCHING RAMPS; (2) FUEL FACILITIES FOR RIVER BOAT TRAFFIC; (3) CONVENIENCE OR GROCERY OUTLETS; (4) MARINAS, INCLUDING BOAT RENTALS; (5) AQUACULTURE; (6) CHARTER OR GUIDING SERVICES; (7) RV PARKS; (8) MULTI- FAMILY UNITS; (9) HOTELS, BED AND BREAKFASTS; (IO)RESTAURANTS.] (d) Accessory Uses. As defined (see Definitionsl. (e) [PROHIBITED USES AND STRUCTURES: ANY USE OR STRUCTURE NOT OF A CHARACTER INDICATED UNDER PERMITTED PRINCIPAL USE OR CONDITIONAL USE SHALL BE PROHIBITED,] Home Occupations. Uses as allowed by this chapter. (f) [MINIMUM LOT REQUIREMENTS: SHALL FOLLOW THE REQUIREMENTS FOR THE RURAL RESIDENTIAL (RR).] Development Requirements. As described in Development Requirements Table. (g) [REQUIRED OFF- STREET PARKING AND LOADING: ADEQUATE OFF - STREET PARKING AND LOADING SHALL BE PROVIDED IN CONNECTION WITH ANTY PERMITTED USE IN ACCORDANCE WITH THE PROVISIONS OF KMC 14.20.250.] Parking Requirements. As required by this chapter. Nea+ Text Underlined; (DELETED TEXT BRACKETED 126 Ordinance No. 2612 -2012 Page 3 of 3 (h) Signs: Signs may be allowed in conformance with KMC 14.20.220, Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall. not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that It would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.1.5.070(f}, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21. 201.2 Effective: April 21, 2012 New TART Underlined; [DELETED TEXT BRACKETEDI 127 DATE: February 24, 2012 SUBJECT: Ordinance No . 2612 -2012 - An Ordinance Of The Council Of The City Of Kenai, Alaska, Amending Section 14.20.145, "Recreation Zone (R), " To Incorporate Changes To The Land Use Table (Kt1C 1422.010) Regarding This Zoning District For Purposes Of Consistency And To Make Format Changes For Purposes Of Uniformity Within The Kenai Zoning Code, KMC 14.20, The Planning & Zoning Commission is recommending an amendment to YIMC 14.20.145 — Recreation Zone. While researching the City code, administration discovered that this section of the code was in the original format and was not consistent with other sections of the code including the other zones and the Land Use Table (KMC 14,22.01 O,) The proposed amendment is considered a housekeeping measure and if approved would not amend any uses within the zone or the development requirements for the Recreation Zone. A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND SECTION 14,20. 145, "RECREATION ZONE (R)," TO INCORPORATE CHANGES TO THE LAND USE TABLE (KMC 14.22.010) REGARDING THIS ZONING DISTRICT FOR PURPOSES OF CONSISTENCY AND TO MAKE FORMAT CHANGES FOR PURPOSES OF UNIFORMITY WITHIN THE KENAI ZONING CODE, KMT C 14.20. WHEREAS, Kenai Municipal Code sections 14.20.145, 'Recreation Zone," and 1.4.22.010, "Land Use Table," each identify permitted principal uses and structures, permitted accessory uses and structures, and conditional uses and structures within the Recreation Zone and the uses identified in each of these Code sections should be identical; and, WHEREAS, because the Council adopted changes to the Land Use Table that affected the Recreation Zone and because those changes were not at the same time carried over and reflected by amendment to section 14.20.145, these Code sections are inconsistent: and, WHEREAS, section 14.20.145 should be amended to correct this inadvertent inconsistency and by making this amendment, KMC 14.20. 145 will reflect the most recent determinations of the City Council with respect to allowed uses in the Recreation Zone: and, it is uniformity in KMC 14.20 in the way zoning districts are described and to prevent future inadvertent inconsistencies that could arise when land use standards in other parts of the Code (Land Use Table, Development Requirements Table, parking requirements, etcetera) are amended; and, NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE Cft`Y OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of section 14.20.145 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.145, Recreation Zone (R), is hereby amended as follows: New Test Eindrruned; [DELtj� TEXT BRACKETED) Resolution PZ2012 -03 Page 2 of 3 (a) Intent: The Recreation Zone (R) is intended to contain both public and private lands to be utilized for commercial and non- cominercial recreation and residential purposes. Lands designated for this district should be evaluated for long -term public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses [AND STRUCTURES]; As allowed in Land Use Table, RI) BALL FIELDS; (2) EXERCISE TRAILS AND FACILITIES; (3) PARKS AND PLAYGROUNDS; (4) PICNIC FACILITIES; (5) RECREATION FACILITIES, SHELTERS, BATHHOUSES; (6) RECREATION CABINS; (7) SINGLE - FAMILY AND DUPLEX RESIDENCES; (8) TRAILS; (9) VISUAL CORRIDORS AND VIEWPOINTS; (10) WATERSHEDS; (11) BUNKHOUSES AND LODGES; (12) CHARTER OR GUIDING SERVICES.] (c) (PERMITTED ACCESSORY USES AND STRUCTURES: (1) BOARDWALKS; (2) PARKING -NOT TO INCLUDE LARGE TRUCKS OR TRAILER VANS; (3) ESSENTIAL SERVICES (AS DEFINED IN KMC 14.20.320(B); (4) WATCHMAN OR CARETAKER DWELLING.] ((D)] Conditional Uses and Structures: As allowed in Land Use Table and subject to the provisions of this chapter. ((1) BOAT HARBORS, DOCKS, WHARVES, LAUNCHING RAMPS; (2) FUEL FACILITIES FOR RIVER BOAT TRAFFIC: (3) CONVENIENCE OR GROCERY OUTLETS; (4) MARINAS, INCLUDING BOAT RENTALS; (5) AQUACULTURE; (6) CHARTER OR GUIDING SERVICES; (7) RV PARKS; (8) MULTIFAMILY UNITS; (9) HOTELS, BED AND BREAKFASTS; (10) RESTAURANTS. ] u Accessory Uses. As defined (see Definition (e) (PROHIBITED USES AND STRUCTURES: ANY USE OR STRUCTURE NOT OF A CHARACTER INDICATED UNDER PERMITTED PRINCIPAL USE OR CONDITIONAL USE SHALL BE PROHIBITED.] Home Occupations Uses as allowed by this chapter. (i) [MINIMUM LOT REQUIREMENTS: SHALL FOLLOW THE REQUIREMENTS FOR THE RURAL RESIDENTIAL (RR).] Development Requirements. As described in Development Requirements Table. (g) (REQUIRED OFF - STREET PARKING AND LOADING: ADEQUATE OFF - STREET PARKING AND LOADING SHALL BE PROVIDED IN CONNECTION WITH ANY PERMITTED USE IN ACCORDANCE WITH THE PROVISIONS OF KNIC 14.20.250.1 Parking Requirements. As required by this chanter. New Text Underlined: {DELL1'LD TEXT BRACIiErED) W11) Resolution PZ2012 -03 Page 3 of 3 (h) Signs: Signs may be allowed in conformance with KTMC 14.20.220. Section 3. Sever ability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. rt �� Dated at Kenai, Alaska this O" -a day of -�C6 -v.. * 2012 CxAI i �f f Ftj New TexI underlined; [DELE7EDTEXT 131 THIS PAGE IS INTENTIONALLY LEFT BLANK 132 CITY OF Suggested by: Mayor Pat Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 1.25.020, "DUTIES," TO INCLUDE THE CITY CLERK AS PARLIAMENTARIAN TO THE CITY. WHEREAS, neither the City Charter nor the Kenai Municipal Code specifically identifies the person who acts as the parliamentary- advisor to the City Council and its committees, commissions, and boards; and, WHEREAS, historically the City Attorney has acted as the parliamentary advisor for the City of Kenai; and, WHEREAS, municipal clerks traditionally serve as parliamentary advisors to governing bodies; and, WHEREAS, as practiced in home rule and general law municipalities throughout the State and in accordance with Alaska Statute (AS 2 9.20.380), the City Clerk will act as parliamentary advisor on behalf of the city, and, WHEREAS, the City Attorney is available to provide assistance to the City Clerk should legal questions arise. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. - Section -2,_ Amendment of Section 1.25.020 of the Kenai Municipal Code, The Kenai Municipal Code, Section 1.25.020, Duties, is hereby amended as follows: 1.25.020 Duties. The Clerk shall attend the City Council meetings, perform all duties set forth in Section 2 -5 of the City Charter and all duties required herein and by other sections of the Kenai Municipal Code. The duties enumerated herein shall not be considered to be exclusive, and the Clerk may be assigned additional duties from time to time by the City Council. The Clerk shall file and duly keep all records, public papers, and accounts records held for permanent record or historical purposes (as contrasted to operational use) as custodian of records for the City, shall duly authenticate all ordinances and resolutions passed by the Council, and shall, on request, certify as true and correct copies of any City records which may be required. The City Clerk New Text. Underlined; [DELETED TEXT BRACICETED] 133 Ordinance No, 2613 -2012 Page 2 of 2 shall. act as the parliamentary advisor for the City of Kena The City Clerk shall be the registrar of elections of the City and be responsible for issuing the call for, and supervision of, all elections and shall be responsible for such other duties pertaining thereto, as may be set forth in Title 6, entitled "Elections." Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April 21, 2012 New Text Underlined; [DELETED TEXT BRACKETED] 134 U 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: ri 8 A ri 283-3014 M U'... A, TO: City Council Members FROM: Pat Porter, Mayor DATE: February 28, 2012 RE: Ordinance No. 2613 -2012 Designating City Clerk as Parliamentary Advisor Both the City Charter and the Kenai Municipal Code are silent as to the designation of a parliamentary advisor to the City Council. Historically, we have looked to the City Attorney to fill this role. It appears, however, that this duty is assigned to City Clerks in all other municipalities in the State and is, in fact, set out in AS 29.20.380 as a mandatory duty for municipal clerks in general law municipalities. Although it is true that home rule municipalities are not bound by AS 29.20.380, this particular statute provides us with a fairly comprehensive outline of the traditional duties of the Clerk and can serve as a guide to us in setting forth the role of the Clerk in the City of Kenai. It is also interesting to note that the current ,position description for our City Clerk contains each of the duties set forth in AS 29.20.380 except the role as sole parliamentary advisor to the Council. Because this is a traditional role for Clerks statewide, the Alaska Association of Municipal Clerks provides parliamentary procedures training annually at its conference to keep Alaska Clerks fully informed and up to date on parliamentary rules and meeting procedures. The Clerks also have a network of others in like communities to turn to for assistance when parliamentary questions that may be complicated or out of the ordinary arise between meetings. For the reasons stated above, I urge you to vote in favor of Ordinance No. 2613 -2012 amending the Kenai. City Code to add parliamentary advisor to the duties of the City Clerk. Attachment 135 The incorporated home rule municipalities listed below are an example of cities whereby the City Clerk acts as the parliamentary advisor to the council and its committees, commissions, and boards: City of Cordova City of Fairbanks City of Ketchikan City of Kodiak City of North Pole City of Palmer City of Petersburg City of Seward City of Valdez 136 _ Suggested by: City Clerk and City Attorney CITY OF KFNAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 1.15.120, "RULES OF ORDER" and 1.90.050, "PROCEEDINGS," TO ADOPT ROBERT'S RULES OF ORDER NEWLY REVISED, 11TH EDITION, AS THE RULES OF PARLIAMENTARY PROCEDURE FOR THE CITY COUNCIL AND FOR CITY BOARDS, COMMISSIONS, AND COMMITTEES WHEREAS, the City of Kenai has adopted Robert's Rules of Order "as revised at the time of passage" as the rules of parliamentary procedure for the City Council unless otherwise specified by ordinance; and, WHEREAS, Robert's Rules of Order has been amended from time to time since the City first adopted Robert's Rules as the parliamentary authority for the conduct of its meetings and, as a result, this older version of Robert's Rules is dated and difficult to find in publication (either in print or in electronic form); and, WHEREAS, the Eleventh Edition of Robert's Rules of Order Newly Revised is the version of the rules of parliamentary procedure that is intended by the drafters of Robert's Rules to replace all previous editions as the parliamentary authority for entities and organizations that prescribe the use of Robert's Rules of Order; and, WHEREAS, by adopting the most recent edition of Robert's Rules, the public and the members of the City Council and of the City's boards, commissions and committees will have a clear guidance as to the correct edition of Robert's Rules that applies to public meetings and will be able to easily access that information in print and electronic form. NOW, THEREFORE - -BE IT ORDAINED BY THE COUNCIL OF -THE CITY OF KENAI, ALASKA, as follows: Section I. Form.: This is a Code ordinance. Sections 2e Amendment of Section 1.15.120 of the Kenai Municipal Code: The Kenai Municipal Code, Section 1.15.120, Rules of Order, is hereby amended as follows: 1.15.120 Rules of Order. (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writing as a non - emergency ordinance, and may be passed in the same manner as other non - emergency ordinances. New Text Underlined; [DELETED TEXT BRACKETED] 137 Ordinance No. 2614 -2012 Page 2 of 3 (b) [IN ALL MATTERS OF PARLIAMENTARY PROCEDURE NOT COVERED BY THESE RULES,] Robert's Rules of Order Newly Revised, I Ith Edition [AS REVISED AT THE TIME OF THE PASSAGE OF THIS CHAPTER] shall govern in all cases to which they are applicable and in which they are not inconsistent with City Charter or ordinance and any special rules of order the Council may adopt. (c) The Council rules shall be observed in all cases unless suspended temporarily for a special purpose of an emergency nature by a vote of five (5) members present. Any member may move, at any time, for the suspension of any rule, and such motion must be seconded to entitle[D] it to consideration. (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the presiding officer shall, or any member may, call [HIM) the member to order; in which case the member so called to order shall immediately cease discussion unless permitted by the presiding officer to explain; and the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, [HE] the member shall be at liberty to proceed; if otherwise, [HE] the member shall not proceed without leave of the Council to proceed in order. Section 3. Amendment of Section 1.90.050 of the Kenai Municipal Code: The Kenai Municipal Code, Section 1.90.050, Proceedings, is hereby amended as follows: .:2 E. = (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of boards, commissions and committees are subject to the paramount authority of the City Council. (b) If the commission, committee or board member shall be absent, without the body excusing the absence for good cause, from more than one -half of all the meetings of his or her committee, commission or board, 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. (C) In all matters of parliamentary procedure, Robert's Rules of Order Newly Revised, IIth Edition. [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. New Text tinderhned; (DELETED TEXT BRACKETED) 10 Ordinance No. 2614-2012 Page 3 of 3 (d) The responsibility of insuring that all members of boards, commissions and committees receive a copy, of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. 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 . day of .2012. ATTEST: Sandra Modigh, City Cleric PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April 21, 2012 New Text Underlined; [DELETED TEXT BRACKETED] 139 THIS PAGE IS INTENTIONALLY LEFT BLANK 140 Suggested by: Administration th ry ` CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND AND CONGREGATE HOUSING ENTERPRISE FUND FOR INSURANCE PROCEEDS AND FEDERAL /STATE EMERGENCY MANAGEMENT FUNDS FOR THE REPAIR OF CITY FACILITIES DAMAGED DURING THE SEVERE WINTER STORM ON NOVEMBER 16, 2011. WHEREAS, the President has declared a federal disaster as a result of severe winter storms that impacted the City on November 1.6, 2011; and, WHEREAS, this declaration makes funding available to reimburse the City for funds expended in response to the event as well as funds to restore City facilities to pre - disaster conditions; and, WHEREAS, federal and state emergency management funds are available for costs not eligible for coverage under the City's property insurance policy; and, WHEREAS, the City's property coverage carries a $25,000 deductible resulting in federal and state emergency management funds reimbursing the City for its deductible and insurance funds paying for the remaining permanent repairs to City Hall and Vintage Pointe which sustained water damage due to frozen and broken pipes; and, WHEREAS, federal /state emergency management funds will reimburse the City for responding to other damages caused by the storm to include downed trees and providing emergency power to critical City infrastructure. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be "increased as follows: General Fund Increase Estimated Revenues: Restitution $6,382 Increase Estimated Appropriations: Buildings - Repair & Maintenance 56,382 New Text underlined: [DELETED TEKr BRACKETED) 141 Ordinance No, 2615 -2012 Page 2 of 2 Vintage Pointe Enterprise Fund Increase Estimated Revenues: Federal Grants $18,750 State Grants 6,250 Restitution 26,055 $51,055 Increase Appropriations Repair & Maintenance $51,055 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA., this 21st day of March 2012, ATTEST: Sandra Modigh, City Clerk 7 Approved by Finance: I PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: March 21, 2012 L,j,: Text Underlined; [DELETED TEXT BRACKETED! 142 "Villa ye with a Past, t✓# with a Future, FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 1 FAX 907- 283 -3014 4 d �R )�E lTo: Rick Koch, City Manager From: "Ferry Eubank, Finance Director J\ To March 1, 2012 Re: Ordinance 2515 -2012 A severe winter storm which occurred November 15 -17, 2011 resulted frozen and burst pipes at the City's City Hall and Vintage Pointe facilities, Subsequently the President has declared this storm a national disaster making available fiords to assist the City in repairing the facilities and to recover funds expended responding to the disaster. Primary response of City personnel was to remove downed trees and debris from high winds, supply temporary power to critical facilities during, and respond to burst pipes in buildings without power. Federal and State emergency management funds are supplemental to any insurance proceeds of the. City and a e available s cover the City's deductible for da riages at City Hall and Vintage Pointe. The remaining repairs will be paid by Alaska Public Entity Insurance, the City insurance carn er. 143 THIS PAGE IS INTENTIONALLY LEFT BLANK um : rl,� e F \\ the cill 1/ KENAI, ALASKA Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT AND AIRPORT IMPROVEMENT CAPITAL PROJECT FUND FOR THE OBSTRUCTION TREE REMOVAL PROJECT. WHEREAS, the City received a letter of correction from the Federal Aviation Administration (FAA) indicating trees on the southwest side of runway 1L/ 19R pose an aviation hazard and should be removed; and, WHEREAS, the City is conducting an environmental assessment of the project that includes significant public involvement; and, WHEREAS, the City has until September 30, 2012 to complete the project; and, WHEREAS, in order to move forward the tree obstruction clearing plans and bid documents must be prepared; and, WHEREAS, the FAA has indicated the entire project, including the $23,140 for the preparation of the tree obstruction clearing plans and bid documents, will be eligible for reimbursement at 97.50% once available (95% FAA and 2.5% State of Alaska Department of Transportation). Until grant funds are available the Airport Fund will need to provide funding 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: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $23,140 Increase Estimated Appropriations: Transfer to Capital. Projects Airport Improvements Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund Increase Appropriations Engineering New Text Underlined; !DELETED TEXT BRACKETED) 145 $23,1.40 $23,140 $23,140 Ordinance No. 2616 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 214 - day of March, 2012. ATTEST: Sandra Modigh, City Clerk l Approved by Finance: r" PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: March 21, 2012 New Text Underlined; [DELETED TEXT BRACKETED] 146 • r ire'. - x..... Y . 1 i1J. .1.'..: rY� To: Rick R. Koch - City Manager From: MaryBondurant - Airport Manager Date: January 23, 2012 Subject: Scope of Work & Proposal - Tree Obstruction Removal Project The Airport is requesting appropriation of $23,140 for the preparation of the Obstruction Tree Removal Project clearing plans and bid documents. A Letter of Correction was received October 5, 2009 after a certification inspection asking this issue be corrected by December 30, 2011: "Trees on the southwest side of the runway 1 L /19R penetrate the imaginary surface of FAR Part 77 and are a potential hazard to aviation. These trees should be identified and removed ". This project required an Environmental Assessment (EA) with public involvement. Due to the length of this process and the Migratory Bird Act which prohibits clearing between May 1 and July 15, 1 requested and received approval to push back the correction date to September 30, 2012. I recommend proceeding with this process in anticipation of fine EA final and grant funds The - - FAA has programmed development funds for the obstruction removal and will reimburse 95% of the project cost back to the Airport when the development grant funds are available. Attached for review and approval is Wince- Cortheli- Bryson's scope of work with budget estimate. Please contact me if you have any questions. Cc: Sean Wedemeyer- Public Works Director Terry Eubank - Finance Director Attachment vsmw.ci.kenai. ak. us. 147 Mary Bondurant From: krisjon,tabisola @faa.gov Sent: Wednesday, January 25, 2012 10:19 AM To: Mary Bondurant Cc: Kayla Feltman; Mike.Edelmann@faa.gov Subject: Kenai Obstruction Removal 2012 - Request for Concurrence re: Consultant Services Mary, I have read the letter referenced below regarding your request to utilize Wince- Corthell- Bryson Consulting Engineers (WCB) for the Consultant Services described in the letter. I concur with the use of WCB for the services described as detailed in the referenced letter. Please let me know if you have any additional questions or concerns. Sincerely, Krisjon Krisjon Tabisola, E.I.T. Project Manager, AAL -623 FAA Airports Division Aiaskan Region krisju:n tat>isoia�faaczo_v (907) 271 -3785 phone (907) 271-2851 fax .. -. "Mary Bonourant" <mbondu IEta? ^,i.keiiei.alc_ns> Krisjon Tabisola /AAL /FAA @FAA, Mike EdelmanniAAL/FAA@FAA t, ... "Kayla Feltman <kfeftrrr{ arur ktni.aKus> 01/23/2012 01:50 PM ., .. FVtt project dates Krelon & Mikei Att<ctted is Wince Corthe.lt Bryson,; proposal letter for the tree obstruction bid documents and ad rl nistrarion Please review and approve. Thank you ll arn leaving for vacation or° Ihursday and ; would Like to get th us:a the next C:ounclf packet wh5clb is due Wei rrsda }`, cmitr I bieaso get approval of this by adnc; d, /7 Sorry for the sham .notice but Casey is also ieavli g Tor vacation and we though, this hould gat going; From: Casey Madden [niaslto:cmaddew wcb,aiaska.comj Sent: Monday, January 23, 2012 1:09 PM To: 'Mary Bondurant' Subject: RE: project dates Hawsthh Casey Madden, P.E. Principal crgineer 'evince- Corthell 3ryscn 1 148 Phone�'9N7)l83-4672 Fox�(9u7>28]'4C76 E 'm0: From: Mary Bnndunant Sent; Monday, January 2J/20121l:09PM To: Casey Madden Subject, project dates The project is suppose tobe completed hy9/3V/2O1Z. The original L0[ was l0.5.20O9 with oco/rection date ofzz.1.2009 but has beer) pushed back 6,1.201l,tnl2A.Z011to9.301Z (due to the EA). Mcv-yL.8omcdwxcvLt Airport Manager Kenai Municipal Airport 3O5N. Willow St,, Suite 20O Kenai, AK9961z td: 907.Z83.7951 Kenai 201 fattachment "Tree Clearing Plans and Inspection ProposaLpff" deleted by Krisjon Tabiscia/AAL/FAA] 149 WINCT - C ORTEIE,L L - BRYSON CONSUL'T'ING ENGINEERS Flo v 1041 Kenai, AEnska 99611 Phone 907- 283 -4672 Fax 907 - 283 -4676 E Mail City of`Kenai 210 Fidaigo Avenue Kenai, Alaska 99611 tanuaiv 16, 20122 >gattNatioin Mary 1'3onduranrt" Airport yranager Subject: f7hsfruction Tree l:emova7 Project C'lea ngBid Doeuni lass and Adlnirristration. As requested the following Scope of Work and Cost Estimate is provided for your use in obtaining the necessary funding for the Obstruction Tree Removal Project "fhe protect is to he coliipleted by September 30 2012 as noted in the October 5, 20015 (amended) -1,eiler o1' Correction " i otn. FAA. Tile environmental and public involvenoent process, thtis fat, prm ides enougli infixntatmoo to provide a scope of work for most of the affected area. A fair arriount of a otk has already been completed collect ng the survey data and preparing the exluhits 4bh the Lnvironlncntal Assessment, Cher and above ±he Assessivent Ex(tibits. several additional exhibits have already been prepare- -d to assist you with yow per onal contact ivith tlic affected property mAners on to- West side of the Ahtnort. Alt these docunients can !readily be incorporated into the Clearing Bid doeuntents sci[3 ect to }project scopitig with the City. 'Ihe Anticipated Scope of Work i:o complete the project is detailed 'below and followed with out Estimate for services tbroug;u completion and closure 04"thc FAA grant. PROJECT SC:CE?'ING- Wince- Cortheli- Bryson (WCB) will meet with die City to establish the Standards, b; area, for tree reinoval and/or topping, stash removal, and inaislt,ed surface regtcircuients, sucli as stentip grubbing;, and/or sod scarification. Reforestation methods and areas will be identified as well. The alcove detail is expected to) apply to City and Aigott land for the Basic Bid Schedule and may be added to with private property areas as the Cite, directs. These areas tt,ay be pail of the Basic Bic' or added. by Change order as the project progresses, G�rir,ce -E.:oi hell- Bryson aarill continuo to assist tbo City w €di }private property owner contact and has 'estimated time for that effort Philip w. B ."sGa PC Alga N. Corthell P6 Fina loc W. wince PO,. (Ref.{ Mark E. Manning PE C:, Cise! Madden PE 150 PROJECT DEVELOPMENT: Project development will detail clearing; toppling and cleanup standards for the various areas identified in the scoping process and edit the existing clearing plan exhibit's accoidingly. Equipment staging, and log decking areas will be identified and slio;wnn on the puns_ Cutting, topping;, cleanup u•,d final surfacce condiboring stanndards will be l rcplred that cica 1y set forth the requhume its fur the evnn•act logger to foll.ov, , A nI eliminaa y staking plan will x provided to show the bidders flit guid.and;e that wall be provided to accur2 ly :deli(l and remove or mr, the !'Fees. The above documents will be incorporated limo the City's standard bid doc utaents find made ready ficir review and printing. PROJINT ADMINISTRATION AND gNSPECTION-, WCB lwdl assist ime City with the pre clearing confer once and continued contact with of crted property owners through the period of this initial ehearing effo w. WCE3 will provide fall time inspection for° the first fe,v days of clearing, gradually declining to pant. tirrie (2-4 hours /day) eis the contractor demonstrates a firm understanding of the staldng; cutting and cleanup standards required. WCB will provide stmt spikes not exceeding a 200 foot grid identoymg the ground and avigation cut elevation to guide the cutting and /or topping of trees. Additional strikes will be provided where required to check and complete the t +pork. WCB will prepare* directives, and change orders as directed by the City as well as prepare pay estimates hi- monthly. Project docunicatation consisting cf daily reports and picture togs as well as other required documentation will be maintained though out the project cuiirtinat ng in the FAA Grant close out documentation. COST ESTIMATE: The following estimate is based on tine known sensitivity of this project and the assumption that the City desires to continue requiring WCB's assistance with property owners through the project as well as a reasonable, level of oversight and control of the contractor operations during loggin., operations. Project Seopiaig C;ity,`Airport lairds Engineer & firs. (i,Sr135MO `6l,O8()mo Drafting 4 Hrs. @2SI00.00 S 400.00 !'reject Scopimp, private land (to dife and estimated Engineer ii0 Hrs. @% 135.00 S 5,100.0() Drafting 40 Firs. cdc, $100.f)0 S 4,000.00 Project Development Engineer 40 lrs. (i? $135.00 S 55400.00 T >mRdg Mrs. @S100,00 $ 2,000.00 Clerical 1 O Hrs, ,ai. $ 60.00 $ (700,00 Philip :ti. Bryson PE Alan N. CorkeN PF NoRk 4V. ANNO PE (€nett Mee E:. Biam mg, PE F. (my MOM= PE 151 Did Process Engineer 8 Hrs. (c), S 135.00 Clerical 8 Hrs. @,'S60.00 60.00 30 Day Clearing Contract Engineer 20 Hrs. @,$135.00 Eng. Tech. i.32lirs. (i S 85.()0 Surveying (D'avn Bacon) Project and Grant Closeout Engineer 4 Hrs. (ii', 3135,00 1 ng1 Tech. 24 ['It's. �),L5 00 TOTAL 5 ,,080.00 �RO.t)Q�iruicictasl7rintil2g) 511,220.00 $ SMOOMO S 540.00 S 2.04(.00 $44,640,00 Pre Grant funding; necessary' =o take the project through the bid process is estimated at $ 23,140.Ci(J. The remaining Sr21,1100M coald be deferred and included in the FAA Chant Application. SltoUld you have any questions pertaining to our assumption"; and tapnrotac:h to this clearing project plcase does not hesitate to call n7e in for a ineeting to discuss the scope of ",ork as set forth. Sincacrely Casey sadden, P.E:. Vice President, Wince- Cortbell- Bryson Philip W9 Bresnn PE tiara E. Manning PE A }an N. Corlbelt PE 152 F`ran6 \Y'. Wince PE (Rd,, V.. caxev Madden PF. KENQvAiASKR Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 23.25.060, "OVERTIME," TO CLARIFY THE OVERTIME RATE PAID TO TEMPORARY EMPLOYEES AND MAKING TECHNICAL CORRECTIONS. WHEREAS, the City hires temporary, employees to perform work during peak periods (usually driven by seasonal demands) and these employees often work non - standard work schedules to accomplish that work; and, WHEREAS, under the City Code, temporary employees are ineligible for employee benefits and holiday pay; and, WHEREAS, the City typically pays regular employees a premium for overtime hours above that required by the federal FLSA law where the employee works on Sundays and holidays but the basis for that policy does not apply to temporary employees who do not work standard schedules or who work only for a short period of time for the City; and, WHEREAS, there are some inconsistencies in the City Code regarding the pay practices of the City with respect to temporary employees and it is in the best interest of the City to provide clarification in the Code of the City's overtime compensation practices with respect to temporary employees; and, WHEREAS, clarification is needed to define overtime as an all inclusive rate of pay and that overtime is not in addition to the employee's non- overtime hourly rate of pay, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 23.25.060 of the Kena Municipal Code: The Kenai Municipal Code, Section 23.25.060, Overtime, is hereby amended as follows: 23.25.060 Overtime. (a) Department heads and supervisors shall assign to each employee regular work duties and responsibilities which can normally be accomplished within the established work day and work week. New '1 ext Underhned; IDELETED TEXT BRACKETED) 153 Ordinance No. 2617 -2012 Page 2 of 4 (b) When employees are required to work overtime, department heads shall authorize compensatory time off or overtime pay. Determination to grant overtime pay or compensatory time off shall rest with the department head, City Manager, or acting department heads, who shalt give due consideration to desires of the employee, to budgetary controls, and to the provisions of subsection (c) of this section. [RATES FOR OVERTIME (IN ADDITION TO REGULAR COMPENSATION BASED UPON SALARY SCHEDULES) SHALL BE] The City shall compensate employees for overtime work based upon the employee's regular rate of pay as follows: (1) General Government Employees (excluding (Skewer [T]treatment [P]plant and temporary employees): Regular Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 2 Holiday 2 1/2 (2) Temporary Employees: Regular Work 1 1/2 Saturdav I 1/2 Sunday 1 I/-') Holiday 1 1/2 (3] General [G]govemment and temporary [E]employees must be in a paid status for forty (40) hours in the work week before overtime compensation [may] will be paid. (13;4) Public Safety and Sewer Treatment Plant Employees: Regular Pay Times Regular Work Day 1 1/2 Saturday [see KMC 23.30.050 (b) and (c)] 1 1/2 Sunday [see KMC 23.30.050 (b) and (c)] 2 Holiday [see KMC 23.40.020 (c) for treatment] ([4]5) [BEFORE OVERTIME MAY BE PAID,] Public [S]safety and [S]sewer [Tjtreatment [P]plant employees must be in a paid status for their normal work week, as follows. before overtime compensation will be paid: Police 40 hours Fire 56 hours Communications 40 hours Sewer Treatment Plant 40 hours New Text Underlined; [D:LFTED TEXT BRACKFTEDI 154 Ordinance No. 2617 -2012 Page 3 of 4 However, overtime may be paid as required by the Fair Labor Standards Act, recognizing that an employee's salary is compensation for the normal shifts specified in this Title. (c) Compensatory time accumulation shall, not exceed [EIGHT (8) HOURS) the total number of hours equal to one regular shift of the cmnlovee. Once this maximum accumulation has been reached, all overtime compensation earned by the employee shall automatically be paid in cash. (d) Supervisory and professional positions of the classified and exempt services considered to be exempt from the provisions of the Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The individuals in these positions are expected to work as many hours as the responsibilities of their positions require. As a result, individuals in these positions shall not be paid overtime or allowed to accrue compensatory time. (e) The Finance Department shall ask employees to submit monthly time sheets on a date near enough to the end. of the month to allow for processing of pay checks by the last pay day of the month. Overtime appearing on such time sheets shall be paid on the last pay day of the month. Overtime worked between the submission of time sheets and the end of the month shall be entered on the following month's time sheet and paid on the last pay day of that month. [(f) SEASONAL PARKS AND RECREATION EMPLOYEES THAT WORK FOR SEVEN (7) MONTHS OR LESS IN THE CALENDAR YEAR, AND ARE EXEMPT FROM THE OVERTIME REQUIREMENTS OF THE FAIR LABOR STANDARDS ACT[SJ, ARE EXEMPTED FROM THE ABOVE OVERTIME AND MAXIMUM COMPENSATORY TIME ACCUMULATION REQUIREMENTS,] Section 3. Severability: If any part or provision of this ordinance or application . thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. New Text Underlined; iDELETED TEXT BRACXETED) 155 Ordinance No. 261.7 -2012 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 215' day of March, 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April. 21, 2012 New Tex: Unde- lined; (DELETED TEXT BRACKETED! 156 With a Past c wt'M a Fut re' f' J FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ` cayof y Telephone: 907-283-7535 ext 221/ FAX: 907- 283 -3014 r yTo: Rick Koch, City Manager I Zfrom: Terry Eubank, Finance Director Date: March 1, 2012 Re: Ordinance 2617 -2012 The purpose of Ordinance 2617 -2012 is to eliminate the requirement to pay temporary employees at overtime rates in excess of that required by the Fair Labor Standards Act (FLSA). FLSA requires overtime to be paid to employees who work more than forty (40) hours per week at a rate of 192 times their normal rate of pay. Payment of overtime at rates at 2 and 21/2 times the normal hourly rate are not required by FLSA. KMC 23,25.060 (f) attempted to eliminate all overtime for temporary Parks and Recreation employees. The City's Parks and Recreation employees have been determined to not qualify for this exemption under the FLSA and have thus been paid overtime under the provision of KMC 23.25.060 including at rates of 2 and 292 times their normal hourly rate. This Ordinance will limit overtime to all temporary employees to the FLSA required rate of I'G times the normal rate of pay for all hours over 40 hours per week. - The sentence in KMC 23.25.060 (b) reading, -'Rates for overtime (in addition to regular compensafion based upon salary schedules) shall be:" has created confusion resulting in payment of overtime worked on holidays at rates of 31/2 times the employees normal rate of pay. It is the City's practice to error in favor of the employee when ambiguities exist in pay practices. Elimination of this sentence will clarify the rate of overtime for hours is at rates of i. Y2, 2, and 2'h the employee's normal rate of pay and are not in addition to the employee's normal rate of pay. This appears to be the original intent of this section due to the absence of any reference to rate of pay at 3 and 3/2 times and employee's normal rate of pay. Ordinance 2617 -2012 clarifies this issue. 157 TEAS PAGE IS INTENTIONALLY LEFT BLANK W-1 _ Suggested by: Administration rhrtrry`f CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $31,000 IN THE GENERAL FUND FOR THE POLICE DEPARTMENT TO PURCHASE A FORD F -150 AND ACCOMPANYING POLICE ACCESSORIES FROM INSURANCE PROCEEDS TO BE RECEIVED FROM THE AT FAULT DRIVER'S COVERAGE, WHEREAS, in the summer of 2011 the Police Department purchased a new 2011 Ford F- ISO pick-up which was used by police personnel; and, WHEREAS, the vehicle was totaled in a motor vehicle crash on February 10, 2012; and, WHEREAS, the Police Department needs a replacement, pickup which will be used by police personnel as soon as it is adequately equipped with police accessories; and, WHEREAS, requests for written quotes were submitted to three Ford dealerships in Alaska to acquire a. replacement pickup, and Worthington Ford provided. the lowest quote of $27,767; and, WHEREAS, the Police Department needs to replace/ purchase additional police vehicle accessories which were destroyed in the crash, making the total request for the appropriation, $31,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Restitution $31,000 Increase Appropriations: Police — Machinery and Equipment $31,000 BE IT FURTHER ORDAINED that the City is authorized to purchase the replacement vehicle from Cal Worthington Ford, the supplier of the lowest quoted price. New Text Urzder}ined; (DELETED TEXT HRACIMTEDI 159 Ordinance No. 2615 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: March 21, 2012 New T= Underlined; [DELETED TEXT BRACKETED] 160 y N�f Kenai Police Department 107 S. Willow St, Kenai ,Alaska 99611 Telephone: 907 - 283 -7379 / FAX: 907 -283 -2267 992 iG]e Lt(y O f KENAI, ALASKA ELJ M 0 so f r TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 311112 SUBJECT: Purchase of Police Vehicle In the summer of 2011 the Police Department purchased a 2011, Ford F -150. The vehicle was purchased for use by Seasonal Enforcement Officers during the summer months, and for use by police officers year round, The vehicle was soft - marked with police accessories, having police lighting, push 'bumper, gun mounts, etc. The F -150 was totaled in a motor vehicle crash on February 10, 2011 At least $2,752.75 in police vehicle accessories were destroyed in the crash. Seasonal Enforcement Officers will start work around May 1. The Police Department needs to replace the totaled veivcie as soon as possible to allow time for the City Shop to install police accessories. If we were to order a pickup it would take too long to put the vehicle in service, and will impede the operations of SEOs. On 2/29/12, I submitted requests for written quotes to Stanley Ford, Cal Worthington Ford, and Kendall Ford. I received the following quotes /replies: Cal Worthington Ford $27,767 Stanley Ford $36,116 Kendall Ford Do not have in stock, would have to order. I am requesting an ordinance appropriating $31,000 to purchase the F -150 XLT pickup and accompanying accessories. I am requesting to purchase the pickup from Cal Worthington Ford. I have attached a copy of the written quote form from Cal Worthington. 161 M > Item to he Parchasod- Quantity Rajuezted. Item ki be, Delivered by: Desaiption: %Saye wA 4 Pa5 4 Ci � wiA a h4tre 210 Fk1sigo Aveme, Kenai, Alagl<2 99611,7794 Telephone: 1307-283 -7535 ext 221 / FAX: 907-283-3014 Written QuG-,e Forra M I 0 Make/Model- Vendor Information: MMM Sales Person: 1-4167 Quowd 111io'- Good Until; Make/Mocirl of Q00ted ltegw R✓ av I , f--el' Unit Nice: --cZ7 7 ---6:7 162 '3 IN rk 511! 4N OW r COUNCIL ON s SENIOR FEBRUARY 9, 2012 KENAI CENTER CHAIR MARK NECESSARY. PRESIDING ITEM 1: CALL TO ORDER &e ROLL CALL Chair Necessary called the meeting to order at approximately 4:31 p.m. Roll was confirmed as follows: Members present: Chair M. Necessary, J. Hollier; L. Flowers, M. Milewski, V. Geller, B. Osborn Members absent: L. Nelson, K, Rogers (both excused) Staff /Council Liaison present: Senior Center Director R. Craig, Council Member R. Molloy A quorum was present. ITEM 2: AGENDA APPROVAL Necessary requested item "5 -b," Meals Policy, be removed until the next meeting. MOTIOlit: Member Flowers MOVED to approve the approved agenda and Member Geller SECONDED the motion. There were no objections. SO ORDERED. ITEM v: APPROVAL OF MEETING SUMMARY --January 12, 2012 ' Member Osborn MOVED to approve the meeting summary of January 12 2012 and Member Geller SECONDED the motion. There were no objections. SO ORDERED. Raw s �r ITEM 5: 's -a. 2012 Goals for Senior Center Craig reported the City Manager wanted to address the Council on Aging regarding the garages for vans. General discussion occurred. v -bS Meals Policy -- Removed from the agenda at start of meeting. 163 6 -a. ACOA Legislative Priorities Ssaraxarsary Craig reported she found the policies on the ACOA website, noting she would research the issue further. 7 -a. Council on Aging Chair -- No report. 7 -b. Director -- Craig noted the March for Meals fundraiser would be March 2, 2012. 7 -c. Council Liaison -- Council Member Molloy reviewed the previous City Council Meeting and discussed the Comprehensive Plan. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION -- March 8, 2012 No members requested an excused absence from the March 8 meeting. ITEM 9: QUESTIONS & COMMENTS -- None. PERSONS ITEM 10- it ► TO BE HEARD None, ITEM 11: INFORMATION ITEM 12: ADJOURNMENT MOTION: Member Osborn MOVED to adjourn and Member Flowers SECONDED the motion. There were no objections. SO ORDERED.. There being no further business before the Council, the meeting was adjourned at approximately 6:15 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk COUNCIL ON AGING MEETING OCTOBER 13, 2011 164 PAGE 2 1. CALL TO ORDER Chair Twait called the meeting to order at approximately 7:03 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. I -b. moll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorum was present. Chair J. Twait, K. Peterson, J. Rowell, K. Koester, C. Smith, H. Knackstedt P. Bryson (excused) City Planner M. Kebschull, Planning Assistant N. Carver, Council Member T. Navarre, Deputy City Clerk C. Hall Knackstedt requested the following additions to the agenda: 5 -c.. Memo from Council Member Bob Molloy dated 2/20/12 - 5-c. Resolution No_ PZ12 -05 Amended Commissioner Knackstedt MOVED to approve the agenda as amended and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. I-d. Consent Agenda Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED, 165 *Excused Absences & Phil Y. Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2, *APPROVAL OF MINUTES -- February 8, 2012 Approved by consent agenda. Ir r ► i � - 4. CONSIDERATION OF PLATS 4 -a. PZ12 -06 — Kenai Industrial Park Subdivision (Resubdivision of 42.313 acres M/L situated in the NW 1/4 Section 33, T6N, Rl l W S.M). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. M0TION. Commissioner Knackstedt MOVED to approve PZ12 -06 and Commissioner Peterson SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, recommending approval and noting this would create 19 lots from one large parcel. Kebschull requested an amendment to change Willow Street to North Willow Street. Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. Peterson asked about Lot 8 already being utilized. Kebschull noted the area had previously been leased using a metes and bounds description. She noted the plat would legally identify the area as a parcel. • i 7 :fir Commissioner Knackstedt MOVED to amend PZ12 -06 to change Willow Street to North Willow Street on the plat. Commissioner Rowell SECONDED the motion. PLANIVTING AND ZONING COMMISSION MEETING February 22, 2012 PAGE 2 166 5 -a. PZ12 -03 - A resolution of the Kenai Planning & Zoning Commission recommending Kenai City Council amend, section 14.20.1.45 "Recreation Zone(R)" to incorporate changes to the land use table KMC 1.4.22.010 for purposes of consistency. Commissioner Knackstedt MOVED to approve PZ12 -03 and Commissioner Peterson SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending approval. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. 5 -b. PZ12 -04 -A resolution of the Kenai Planning & Zoning Commission recommending Kenai City Council amend. KMC 14.22.010 "Land Use Table," to allow Bed and Breakfast in the Recreation Zone as permitted. NKVIAV, (113i} i Commissioner Knackstedt MOVED to approve PZ12 -04 and Commissioner Rowell SECONDED the motion. Kebschull reviewed the staff report, noting the ordinance would make changes to the permitted uses and recommended approval. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. 5 -c, PZ12 -05 - A resolution of the Kenai Planning & Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.20.150, "Conditional Use Permits;" To expand the authority of the Planning &, Zoning Commission to consider requests for extensions of permits in situations where the Conditional Use Permit has lapsed or expired due to non -use; to extend the time for extensions from 6 months to up to one (1) year each; and, to provide an express appeal process. PLANNING AND ZONING COMMISSION MEETING February 22, 2012 PAGE 3 WYA MOTION: Commissioner Knackstedt MOVED to approve PZ12 -05 and Commissioner Peterson SECONDED the motion. Kebschull reviewed the staff report included in the packet, and explained the suggested amendment included in the lay down. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend PZ12 -05 to add "within two (2) years of the date the permit was issued or the use ceased, whichever is later" after "the permittee may, request a time extension at any time" in section (1)(3). Commissioner Koester SECONDED the motion. VOTE ti 0 VOTE ON MOTION s * MOTION PASSED UNANIMOUSLYI 6. UNFINISHED BUSINESS -- None. 7. NEW BUSINESS --None, 8. PENDING ITEMS: B -a. Ordinance No. 2597 -2011 -Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban. Residential (RS), Suburban Residential 1 (RSI), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts. (At its November 16, 2011 meeting, the council postponed Ordinance No. 2597 -2011 to the _ August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan Process.` 9 -a. City Council - Council Member Navarre reported on the February 15, 2012 City Council meeting, noting the meeting scheduled for July 4 was changed to July 10. 9 -b. Borough Planning - No report. PLANNING AND ZONING COMMISSION MEETING February 22, 2012 PAGE 4 10 9 -c, Administration Annual Report - Extraction of Natural Resources Kebschuli reviewed the annual report on extraction of natural resources and the Comprehensive Plan newsletter included in the packet, noting there was an online survey for the comprehensive plan. Peterson asked if the reclamation in the extraction of natural resources report was on the honor system. Kebschull replied yes and that photographs showed work that had been done. IC. PERSONS PRESENT NOT SCHEDULED - None. I.I.. INFORMATION ITEMS II -a. Comprehensive Plan Newsletter 32. NEXT MEETING ATTENDANCE NOTIFICATION --March 14, 2012 Commissioner Smith requested an excused absence for the March 14 meeting, 13. COMMISSION COMMENTS & OUESTION5 - None. 14. ADJOURNMENT MENT There being no further business before the Commission, the meeting was adjourned at approximately 7:41 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING February 22, 2012 PAGE 5 169 THIS PAGE IS INTENTIONALLY LEFT BLANK 170 `p f HEOMMM ITEM 1: CALL TO ORDER & ROLL CALL Chair Baxter called the meeting to order at approximately 7:04 p.m. Roll was confirmed as follows: Members present: Chair P. Baxter, C. Jung, L. Gabriel, T. Canady, V. Pierce Members absent: M. Dimmick, S. Lovett Staff /Council Liaison present: Parks and Recreation Director B. Frates, Mayor P. Porter A quorum was present ITEM 2: AGENDA APPROVAL MOTION: Member Canady MOVED to approve the agenda as presented and Member Pierce SECONDED the motion. There were no objections. S® ORDERED. ITEM 3: NEW -BUSINESS 3 -a. Discussion /Approval -- 2012 Flower Bed Design Draft Frates presented the committee with plant lists for various beds throughout town. -. -along with pictures of beds from last summer. General discussion occurred. Frates noted the following: • Re -Max bed -- mulch after planting Fire Department bed -- add shock -wave petunias along edge Visitors Center bed -- remove mungo pines and replace with nine bark All America City bed -- convert to perennial shrub bed Home Depot bed -- add large rock from city yard Leif Hansen Park sign bed -- present plan at April meeting it,r ,�i CsS Member Gabriel MOVED to approve the flower list with changes and additions noted and Member Jung SECONDED the motion. There were no objections. so ORDERED. 171 3-b. Discussion -- 2012 Summer Beautification Theme Frates reported various themes were discussed, including color themes, use of barrels, metal pipes. The theme will be further discussed at the April meeting. 3 -c. Discussion -- Leif Hansen Memorial Park Landscape Project /Blue Star Memorial Frates reviewed the bid results for Leif Hansen Memorial Park and. noted there could be monies left over. Frates suggested monies be used to add a sidewalk to the Blue Star Memorial. General discussion occurred. Member Jung MOVED to recommend using excess funds from the Leif Hansen Memorial Park project to add sidewalks to the Blue Star Memorial. Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. 3 -d. Discussion -- FY13 Draft Budget Frates reviewed the draft FY2013 budget. ITEM 4: ADJOURNMENT MOTION: Member Jung MOVED to adjourn and Member Gabriel SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the committee, the meeting was adjourned at approximately 8:40 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk BEAUTIFICATION COMMITTEE SPECIAL MEETING FEBRUARY 28, 2012 PAGE 2 172 February 27, 2012 Rick R. Koch City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 Dear Mr. Koch, 950 WEST 7' AVENUE, SUJrE .9400 ANCHORAGE, ALASKA 99509 -3650 PHONE: (907) 269 -8431 FAX: (907) 269 -8918 Thank you foryour letter dated February 22, 2012, to Commissioner Sullivan inquiring about the status of the Eagle Rock Boat launch facility. First, I would like to provide some background information on the purchase. The current owners of the launch contacted the Exxon Valdez Oil Spill Trustee Council (EVOSTC) and inquired about the EVOSTC purchasing 52 acres of their property, including the boat launch and parking area, at River Mile 11, under the small parcel acquisition program. This purchase would provide public access to a safe boat launch on the lower river where recreational, fishing, hunting and subsistence activities occur in the greatest concentration. At the request of the EVOs,rc, there is a line item in the Governor's FY12 Supplemental Budget that would allow the Department of Natural Resources (DNR) to accept $1,1 million from the F,VOSTC to purchase the Eagle Rock property. As the state agency that holds title to real property, DNR executes these transactions on behalf of the EVOSTC. If DNR purchases the property and the parcel becomes state land, it is envisaged that it would be managed by the Division of Parks and Outdoor Recreation. It is the division's intent to continue to operate the property as a boat launch for motorized and drift boats, as it has been under the current owner. Additional restroom facilities, which are desperately needed on the Iower river, would be added in the future. EVOS stipulations require the wetlands on the property, which are substantial, not be encroached; therefore the footprint of the parking area would remain approximately the same as it is now. Since the parcel has been operated as a launch for several decades and with no substantial increase planned for the parking footprint, it is not expected to bring more traffic through the neighborhood nor add additional boats on the river. The decision of the EVOSTC to purchase the parcel and the potential for the Division of Parks and Outdoor Recreation to manage it, has no reflection on the ability of the City of Kenai's boat launch to meet current or future needs. And the division has not seen a reason to contact neighboring property owners about this potential purchase for the reasons lasted above and because the property is not in our ownership, "To responsibly develop Alaska 's resar rp by maldug Main avallable far inaxinaurn use and benefit. tours kh idi the public interest. 11 Febrawr) 27, 2012 Page 2 of 2 The potential EVOSTC purchase of the parcel has been discussed several times during the Kenai River Special Management Area Advisory Board (KRSMA) monthly meetings, including the January 2012 meeting when i discussed this issue in depth and answered questions from the board. As you know, the board is comprised of individuals appointed by the Commissioner of DNR, including state agency representatives and representatives from the City of Kenai, the City of Soldotna and the Kenai Peninsula Borough. If the Eagle Rock property becomes the responsibility of the Division of Parks and Outdoor Recreation to manage, the division will be working with the KRSMA Advisory Board and the public to create management, development and operational plans for the facility. I hope that the City of Kenai will be a full participant in that process, Lastly, the division is not planning to conduct a carrying capacity study of the Kenai River since the Eagle Rock boat launch is an existing facility whose footprint will remain the same and therefore is not expected to lead to a significant number of additional users. As the City of Kenai representative, we look forward to your participation in the next KRSMA board meeting, Sincerely, en Ellis Director, Division of Parks and Outdoor Recreation Cc: Commissioner Daniel S. Sullivan, DNR Senator Thomas Wagoner House Speaker Mike Chenault Representative Kurt Olson 174 February 22, 2012 ®F illa e with a Past, i° A a Palate 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 Commissioner Dan Sullivan State of Alaska Department of Natural Resources 550 West 7`" Avenue, Ste 1400 Anchorage, AK 99501 -3554 www.ci. kena €, ak. us Subject: Eagle Rock Boat Launch in the City of Kenai Dear Commissioner Sullivan: It has recently come to my attention that the Alaska Department of Natural Resources, Department of Parks & Outdoor Recreation may be involved in the purchase of the Eagle Rock Boat Launch facility. At a recent Kenai River Special Management Area Advisory Committee meeting a statement was made by Mr, Jack Sinclair with State Parks to the effect that: "the State would not be operating the Eagle Rock Boat Launch this year but would be doing so next year." Additionally, the City has recently received a preliminary subdivision plat for review for the property that currently includes the boat launch. Attached please find an e -mail from the surveyor accomplishing the subdivision in which he states, "Apparently the State will be purchasing the large remainder, and it sounds like they will be maintaining and operating the boat launch in the future." The following are questions I have regarding the possible purchase: 1. Is ADNR purchasing the Eagle River Boat Launch for the purposes of operating an additional boat launch on the Kenai River within the City of Kenai's corporate boundaries? 2. Why has the City of Kenai not been contacted to discuss the Department's plans? 3. Does ADNR intend to increase the volume of traffic at the boat launch, either now or any time in the future? 4. Does ADNR believe that the City of Kenai's boat launch is incapable of meeting present and future needs? 5. Is it ADNR's intent to manage this boat launch exclusively for non - motorized drift boats? 6. The boat launch is accessed through a populated residential subdivision of medium density. Have the property owners along Eagle Rock Drive been contacted regarding this purchase and any potential future expansion of use? 175 7. Has ADNR accomplished a "carrying capacity" study for the Kenai River to determine if the River can absorb additional users without harm to the resource? Thant you for your attention in this matter, I look forward to speaking with you and /or your staff regarding this matter. Sincerely, CJRNAI cOk City Manager cc: Senator Tom Wagoner Speaker Chenault Representative Kurt Olson W ueeui,s�asxa U Marilyn K. Kebschull, ATCP Planning Administration City of Kenai 210 Ficialgo Avenue Kenai, AK 99611 907 - 283 -8235 From: Scott Huff [mailto�oritvo�alaska net] Sent: Thursday, January 19, 2012 10:36 AM TO: Marilyn Kebschull Subject: preliminary plat submittal Marilyn, I would like to submit the preliminary plat for Poore Subdivision. i am attaching two copies of the subdivision preliminary plat, one with just the linework and one showing existing contours and the areas of inundation, Some of the dimensions have a text mask on them and when printed from the pdf file may show up as a black box. Let me know if you need paper copies and I can drop some off at your office. We are extending Eagle Rock Drive so that Lot 1 will have dedicated access. We will not be required to construct this portion of the roadway will we? With the extension of the ROW it will encompass the existing driveway to the house and the roadway down to the boat launch. If the large unsubdivided remainder is ever further subdivided there will need to be ROW dedicated on top of the existing road. This will create an intersection of ROW's where we are extending the ROW on this plat. Apparently the state will be purchasing the large remainder and it sounds like they will be maintaining and operating the boat launch in the future. If you could let me know when this will be heard that would be great. If you have any questions or need additional information please feel free to contact me. Thank you, Scott Fluff Registered Land Surveyor INTEGRITY SURVEYS INC. 43335 K -Beach Rd, Suite 10 Soldotna, AK 99669 Phone # 907 262 -5573 Fax # 907 262 -5574 2 177 THIS PAGE IS INTENTIONALLY LEFT BLANK iw. EraAviatimn February 24'2O12 City of Kenai Attention: Ms. Mary 8mdmant.Airport Manager 305 M Willow Street Kenai, Alaska SA011 V12 email to FbpRmmva»yn7adoteramcwa* tba Kenai airport, 2011-2a4" winter season Dear Ms. Bondurant; Dn behalf ofEra &vmVnr, I'd like b. express out- sincere appreciation for the exemplary job that your maintenance staff has done during the winter n,2O�xq11in keeping the Kenai akportnurfaces plowed, sanded and usable for our aircraft. 8y all accounts, it has been one ntthe bRiShestw//nia, seasons ma've experienced in quite o`vNhi|o m�hnear mmu,dsnowfall, foez�gfain and several freeze-thaw-freeze oyceooccvning,Your0aa' has reliably handled the worst o[ what Mother Nature has pounded the Kenai Peninsula with. |o�- .`t recall any noticeable period of runway closure or other 'non-ava liability' adversely afflecting out, scheduled service to/from Keoa|this winter, 1 know that our flight crews are appreciative of everyone's outstanding efforts this winter inKomsil 1 suspeu/ our passengers are appreo|ativ:aswell. White none xfumshould presume that our winter season iu completely over vnwe shouldn't po!away the snow shovels quite yet, the daily increase in sunlight and /slightly) warmer temperatures demonstrate that, v,u`raat least moving io the right direction b/ find summer, |trust your crew will continue thoirgnnal job for the final 0-0 weeks nr winter—and then me can all 'sradwurryingabout migratory waterfowl again, Thank you for Your leadership and support inn/ainakrdn9safe omwayo and taxiways nt the Kenai mrpnM. J Sharp VP, Operations Era Aviation � �romnuo*a/xamo�m�rnomnma�|��m,/o;��ms*nyoswci«uuoaw��oa* 179 From: Jason Nunn [mailto:3nunntalflygrant.com] Seat: Wednesday, February 22, 2012 1:54 PM To: mbondurant�o)ci.kena;.ak.us Subjecb Thank you Hi Mary, The beginning of the end of this most snowy /icy winter is drawing nead! What a doozey its been for flight operations on the Kenai Peninsula this year. Some of the heaviest snow days I have ever seen in my 25 years in Alaska. There were actually 7 days or so when our passengers were not able to drive the few miles on public roads to the airport to catch their flight. But the Kenai Airport remained open with your graders, loaders and sanding trucks operating around the clock. Beyond just keeping the AOA cleared, your operators personally went beyond the call of duty on several occasions to plow drifts near our hangar area adjacent to the south taxiway. Without this assistance, which was volunteered between 0430am- 0600am, (usually on weekends) Grant Aviation would have had to cancel several morning departures from Kenai this winter. The exceptional challenges faced by your equipment and crew this winter were met with enthusiasm (blizzard after blizzard) and excellent timely performance. I have managed fixed operating bases at five different Alaskan bases for the past 23 years; I can safely say that your snow removing efforts this winter were the all around best I have ever seen. So, on behalf of Grant Aviation, I would like to recognize your efforts in maintaining a safe, snow /ice free AOA at the Kenai Airport. Thank you so much for your outstanding work. Jason Nunn Station Manager Grant Aviation Kenai, AK 888 -359 -4726 :4 "Villa ye WA a Past i with a Future �� 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 '992 MEMO: �TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: February S, 2012 SUBJECT: Comprehensive Plan Update Status The Commission held their first work session last night to begin reviewing the background report portion of the Plan. Work sessions will be held before the regularly scheduled meetings throughout the spring as we continue to review the Plan. The survey is being formatted for publication and should be on -line during the week of February 13t °. As soon as the survey is published, the newsletter will be finalized and sent to the printer for printing and distribution. With the completion of the survey, Ms. Bechtol will be contacting the School District to review and approve of the survey. (The School District requires that they review and approve the survey prior to distribution to students.) With that approval, Ms. Bechtol will schedule meetings with KCHS seniors. Gary Greenburg, our GIS consultant, has been working on updating the multiple maps and property data contained in the Plan. New satellite photography_was received yesterday. Mr.__ Greenburg will be working with those files and updating the photography we've been using, 181 THIS PAGE IS INTENTIONALLY LEFT BLANK Im M "V llaye e t>A a Past Ci ek a Future Al 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 telephone: (907) 263 -75351 FAX: (907) 283 -3014 vwvw.ci.kenai.ak.us n\ .._..y FROM: Sandra Modigh, City .- orjs City of Kenai w DATE: March 2, 2612 REAUNDER 2012 DISCLOSURE; DUE -- APRIL 14, 2012 This memorandum will serve as a friendly reminder that your 2012 Financial Disclosure Statement is due on APRIL 14, 2012! Remember also to sign and date the form. If you have any questions, please contact me at 283 -8231. Thanks! lim THIS PAGE IS INTENTIONALLY LEFT BLANK :• PURCHASE ORDERS BETWEEN $2,600.00 COUNCIL MEETING OF: MARCH 7, 2012 YUKON EQUIPMENT FLO( UNIVAR CAL( ALASKA RESCUE ICE I" INGRAM LIBRARY SERVICES BOOT TAYLOR FIRE PROTECTION SERVICES FIRE 3 OD m $16,000,00 FOR COUNCIL REVIEW MIS SHOP CHLORIDE STREETS UE INSTRUCTOR FEES FIRE LIBRARY -EM TESTS & INSPECTIONS VARIOUS OPERATING SUPPLIES 4,172.00 OPERATING SUPPLIES 12,946.20 PROFESSIONAL. SERVICES 4,500.00 BOOKS 4,060,00 REPAIR & MAINTENANCE 9,746.5E THIS PAGE IS INTENTIONALLY LEFT BLANK it -IV ;r \\ eh'a�yvfB/ KENALALASKA CITY OF KENAI " rillage with a past -- CiV with a,fature. " BACKGROUND AND PERSONAL ! V.:. ECZ; EEB 2 3 2012 A. 11MMIAW-1, N. n�sv- -Ep PHONE: 283 -753:, EXT. 231 Fes: 233 -5068 DATE: _� i 2, NAME: �_ca�" e.. -ar ^ e.5 s+ - Resident of the City of Kenai? `f '3 Flow long? _ S Residence .Address .20 9� e os r / e"y r ( d <J . Mailing Address �.� � �' � f\ � r s i 9 � V 5S' Home Telephone No. ��Z- - C � � �•, Home Fax No. Business Telephone No —':?'C}L - Z6/-.C' Business Fax No. Email Address: ' ro. n ne si, f-6 May we include your contact information on our web page? ALI, If not all, what information may we include? ENLFLOYER: _ �y c1,. Job Title is .",:'-2a Y NAME Or SPOUSE: 114N 6 t Current membership in organizations: Fast organizational memberships: IN 1 4 16 1t W v FlT1 LM I — -] I - t1AT►�ci fii'fCSI Y 1 THIS PAGE IS INTENTIONALLY LEFT BLANK m t r� February 28, 2012 SEAN PARNELL, GOVERNOR 550 WEST 7` AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501 -3565 PHONE: (907) 269 -8721 FAX (907) 269.8908 As Chair of the Alaska Historical Commission, I am reaching out to Alaskans for their ideas. Alaska has many exciting and significant anniversaries just around the corner. And they're worthy of reflection, recognition and celebration. The Alaska Historical Commission (AHC) would like your input as we create the list of anniversaries of significant events in Alaska's history between 2012 and 2017. In addition to creating a list of local celebrations that will be posted on the AHC's web site (dnr.alaska.gov /parks /oha /histcomm /ahc.htm), the AHC is asking communities, historical associations, citizens and industry to generate ideas for projects for two anniversaries in particular; 1) in 2017 -2018 we celebrate the 150" anniversary of Russia's transfer of Alaska to the United States. We are interested in fostering education on historical details, and welcome an appropriate academic examination of the past, present and future effect of the transfer. Was Alaska worth It? What does it mean to be indigenous under the U.S. Flag? 2) From 2013 -2016 we celebrate the 25" anniversary of opening the border between Alaska and Russia and the end of the Cold War. We're interested in how this anniversary might improve current relations with our neighbor. We have many important milestones in our state to recall and study. Anniversaries are an opportunity to look at how far we've come together as a community and be proud of the tremendous role we've played in national and global history. Suggestions and comments about these anniversaries, and your ideas for other milestone events during this timeframe should be sent to the AHC at ahaCcoalaska.net. We look forward to sharing your ideas for commemorations with Alaskans throughout the state and hope you will join us as we identify additional anniversary projects. The list will continue to be updated on the webslte. The Alaska Historical Commission will be meeting on March 27 -28, and would appreciate your comments and information by March 201" to share with the members of the commission. With Best Regards, Mead Treadwell Lieutenant Governor Chair, Alaska Historical Commission "To responsibly develop Alaska's resources by making them available for maximum use and benefit clrnstent with the public interest " THIS PAGE IS INTENTIONALLY LEFT BLANK 190 tD Co 'J N O D er m a N n O c- o -o O RI N o Z ° .°.., Q 2' .Cw' a. 2r oN1- c ;. "E N -C? v Q i= 2L ET Ej iB v O n x 2z 2i ^ O O ° a °n m .n �. Z2' cn c ry z g �. D A �� c x i1 ° '� n" CPal�1 > Q NMI i c `` ® ;•� �' °' � � ° o I ° � -. � is M 'o 'nD D o - M K5 MM M M>00 Z1 ct^n�-i X 4 m v= a 3 y ^'. D ov = c 0 FG)v O o M m 0 o= v a 2a W m a Z z n° v- °M : a 0 0 6 C m Z O 0 Z D =m at 2- m lw o mo o o o " o i Wn o `2 ° Zgv K D y W `n O N cC, O N N 0 N N D <� N o �. N Z v. O' .-. �! m a° :.-. ? ° 1 o c 3 v o 0 0 a 9 I <. 0 o Cf `= Cs8 m °. O m C �, o �, o m'° m y - °' i� C o a r M E3 � °R n 3 °4°9D. 'ar m m m ? n v v 3 v M O yCm G-) _ °. o. n m w m N m m -Oa cam, c 4 ^� —� —m ova a m m -S °. v. �a Om O O ».A