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HomeMy WebLinkAbout2012-03-21 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 19 PACKETS Council Meeting Date: Mayor Council - 4 packets Clerk City Manager Library Kebschull City Attorney Finance Fire Department Cunningham Student Rep. Bali Binder Clarion Schmidt KSRM Mellish ELECTRONIC COPY NOTICE 6 6;. Cr, _ i Send out notice to All with link to Council Packet N V... DELIVER Council and Student Rep packets to Police Department Dispatch Desk. Clarion, KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. COUNCIL MEETING OF: F±,CU— r c M s v Mayor PORTER . {" CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS V ,r CM MOLLOY CM NAVARRE SR DALY Lf' nr e M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS V ,r CM MOLLOY CM NAVARRE SR DALY Page (f0l _).6? M S V Mayor PORTER CM BOOKEY CM BOYLE CM GABRIEL VM MARQUIS CM MOLLOY CM NAVARRE SR DALY Page (f0l _).6? 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Crews continue to work during the days to clear hydrants in between emergencies. With the added snow loads that buildings are having to sustain, and with the recent injury to a Firefighter in Anchorage due to a collapse, particular attention has been paid to the integrity of overhangs, cantilevers and other building constructions that might harm firefighters during an emergency. Recently we had a fire that caused the severe degradation of the roof structure and hampered the access of firefighters into the structure. The compromised roof structure combined with the heavy snow load made for a terribly unsafe building. Recently you may have heard radio PSA's mentioning the "Adopt a Hydrant" program. We have a number of residents calling the station and sending in adoption notices so every bit helps. In mid March we had 4 (four) of our department members attended a Fire Officer 1 Training course hosted by Nikiski Fire Department. This course will help prepare our employees for future promotions and the responsibilities that come with advancement in the Fire Service. Additionally we had 1 (one) member attend a Methods of Instruction class sponsored by Central Emergency Services. This class helps prepare the employee for training not only department members but helps with training citizens and school aged kids. We also had refresher training for all department members in BLS so they could stay current on their CPR. Special thanks to FF Coots for instructing this class. Finally we hosted an EMT III refresher for all certified employees in the month of March. Engineer Satathite was the lead Instructor for another successful CERT class in Kenai working in cooperation with Kenai Borough OEM in March. This class has been a huge draw over the years and had added trained personnel to our community. A special recognition should be given to Eng. Satathite for his continued success with this program. Call volume is right on track with 2011 with us being just 5 calls off of last year at this time last year. We are still participating with Safe Kids doing Car seat check sat the station and Staying involved with Kenai Peninsula college and their Paramedic ride along program. UNTEER APPRECIATION DINNER (Estimated Budget) Catering (100 -120 ppl) Years of Service Certificates Plaques (20+ yrs of service Flowers isc 3.300 Total 4,00' AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 21, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (1 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. 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. Resolution No. 2012 -18 - Amending its Comprehensive Schedule of Rates, Charges, and Fees "Parks and Recreation Fees" to Include a Senior Discount for Boat Launch and Parking Fees at the City Dock Pg 5 2. Resolution No. 2012 -19 - Awarding a Contract to DBR Construction, Inc. for the Project Entitled Kenai Vintage Pointe Sprinkler Damage Repair 2012 for the Total Amount of $30,993. Pg 11 3. Resolution No. 2012 -20 - Authorizing a Budget Transfer within the General Fund - for the Purchase of a Wide- Format Scanner Pg 13 4. 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 19 City of Kenai Council Meeting Agenda Page 1 of 4 March 21, 2012 5. 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 35 6. 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 53 7. Ordinance No. 2613 -2012 - Amending Kenai Municipal Code Section 1.25.020, "Duties," to Include the City Clerk as Parliamentarian to the City. Pg 61 8. 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, 11th Edition, as the Rules of Parliamentary Procedure for the City Council and for City Boards, Commissions, and Committees Pg 71 9. 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 75 10. 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 79 11. 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 87 12. 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 93 13. *Approval of Liquor License Renewals • Matson Winery & Supply (License # 4676) Pg 97 • George's Casino Bar (License #204) Pg 99 City of Kenai Council Meeting Agenda Page 2 of 4 March 21, 2012 E. MINUTES 1. *Work Session Notes of February 15, 2012 Pg 101 2. *Work Session Notes of February 21, 2012 Pg 103 3. *Regular Meeting of March 7, 2012 Pg 105 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. Action /Approval - Bills to be Ratified Pg 119 2. Action /Approval - Purchase Orders Exceeding $15,000 Pg 121 3. Action / Approval - Assignment of the Salamatof Seafoods, Inc. Lease of Dock Facility and Adjoining Lands. Pg 123 4. *Ordinance 2619 -2012 - Decreasing Estimated Revenues and Appropriations in the Streets, Water, and Sewer Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Schematic Design of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project. Pg 135 5. *Ordinance 2620 -2012 - Increasing Estimated Revenues and Appropriations by $2,000.64 in the General Fund for Grant Funds to Provide Police Training to Prevent Internet Crimes Against Children (ICAC) Pg 139 6. *Ordinance 2621 -2012 - Increasing Estimated Revenues and Appropriations by $2,155.98 in the General Fund for the Police Department to Purchase Equipment Utilizing Asset Forfeiture Funds Provided to the City of Kenai. Pg 141 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission Pg 143 4. Library Commission Pg 147 5. Parks and Recreation Commission 6. Planning and Zoning Commission Pg 151 7. Beautification Committee I. REPORT OF THE MAYOR City of Kenai Council Meeting Agenda Page 3 of 4 March 21, 2012 J. ADMINISTRATION REPORTS 1. City Manager Pg 155 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION 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 (RS1), 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.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review Pg 165 2. Budget Transfer in Capital Projects in Excess of $5,000 - None 3. Correspondence Regarding a Proposed Rezone of Angler Drive Submitted by Jim Richards. Pg 167 The agenda and supporting documents are posted on the City's website at www.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 Page 4 of 4 March 21, 2012 KENAI, ALASKA Suggested by: Councilor Molloy Councilor Gabriel Administration CITY OF KENAI RESOLUTION NO. 2012 -18 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES "PARKS AND RECREATION FEES" TO INCLUDE A SENIOR DISCOUNT FOR BOAT LAUNCH AND PARKING FEES AT THE CITY DOCK WHEREAS, the City has been approached by individuals and organizations about providing a senior discount boat launch and parking at the City Dock; and, WHEREAS, an individual 60 years of age or older is a senior citizen; and, WHEREAS, the City recognizes the benefit of a discount or elimination of certain of fees for senior citizens; and, WHEREAS, the City desires to promote activities for Alaska's growing senior population; and, Whereas, the elimination of boat launch and boat launch parking fees for seniors, except for the period of the Personal Use Fishery (usually July 10 -31), will not result in a significant decrease in City revenues. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to amend the City's Comprehensive Schedule of Rates, Charges and Fees "Parks and Recreation Fees" section to: PARKS AND RECREATION FEES Multipurpose Facility - hourly rate (reservation) Ice Rink Pass Family pass Adult pass Youth pass Public Skate Picnic Shelter /Gazebo Reservation Picnic Shelter (Refundable deposit $50.00) Gazebo (Refundable deposit S200.00) Community Garden Plot (each) Adopt -A -Bench (Includes bench, shipping, installation and maintenance) North & South Beach Parking (Personal Use Fishery Season) per twelve (12) hour period North & South Beach Overnight Camping 5 125.00 $45.00 $30.00 $20.00 $1.00 $15.00 $20.00 $20.00 450.00 $20.00 Resolution No. 2012 -18 Page 2 of 2 North 86 South Beach Overnight Camp (Personal Use Fishery Season) g CITY DOCK FEES Product wharfage (with crane; without forklift) Non - product wharfage (ice, nets, staples, etc.) Used Oil Dumping Boat Launch Ramp (Includes Parking with Trailer) - First 10 minutes Senior Citizen (Includes Parking with Trailer) - First 10 minutes effective August 1 -July 9 Each minute over 10 Season Boat Launch Pass Parking Only Per day (Vehicle with trailer must pay launch fee also) Senior Citizen Per Day (Vehicle with trailer must pay Launch fee also), effective August 1 -July 9 Seasonal Parking Pass Tie -Up Fee Skiff tied to land side of concrete dock - per day Skiff tied to land side of concrete dock - season pass Boat tied to buoy in river - per day Boat tied to buoy in river - season pass Forklift with operator (1/2 hour minimum) - per hour Labor charge for call -out (2 hour minimum) - per hour $20.00 $0.07 /lbs. $0.04 /lbs. $1.00 /gal. 20.00 0.00 $1.00 /minute $150.00 10.00 $0.00 $100.00 $7.00 $150.00 $10.00 $150.00 $50.00 $40.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 6 PAT PORTER, MAYOR KENAI, ALASKA "Village with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I I, I I Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 lip I 1992 MF:MO: TO: City Council FROM: Rick Koch DATE: March 15, 2012 SUBJECT: Resolution 2012 -18, Amending the Rate, Charges, and Fees Schedule to Eliminate Boat Launch and Boat Launch Parking Fees for Senior Citizens The purpose of this correspondence is to recommend Council approval of the above referenced ordinance. The effect of the resolution is to amend the City of Kenai's Schedule of Rates, Charges, and Fees to eliminate boat launch and boat launch parking fees for senior citizens (60 years of age and older) at the Kenai City Dock, from August 1s` through July 9`h. This applies to all senior citizens, regardless of residency. Fees would not be eliminated during the period of the personal use fishery. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. 7 the a'yof KENAI, ALASKA Tillage with a Past Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 91411teka Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tl Il // MEMO NDUM TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director5A/01/ DATE: March 13, 2012 SUBJECT: Harbor Commission recommendation of approval of Senior Discount at Boat Launch Ramp 1992 Rick, The March 12, 2012 Harbor Commission agenda included item 7 -a. Discussion -- Senior Discounts at the Boat Launch Ramp. The Commission took action and agreed by unanimous consent on a motion to the City Council to recommend approval of the Senior Discount, contingent upon amending the dates in the "Parks and Recreation Fees" section to correspond with the dates in the language of the proposed Resolution 2012 -18. 8 Kenai Area Fisherman's �" ioaiitinn PRcTFCTn c; YOUR F UCHTS & ACSOURCES Subject: Kenai City Dock Boat Launch Fee Adjusunent for Seniors To: Mayor Pat Porter and the Kenai City Council Thru City Manager, Rick Koch. From:. Dwight Kramer; Chairman. Kenai Area Fisherman's Coalition Dear Mr. Koch, 7c P. 0, Box 375 Kenai, Alc. 99611 Jan. 24, 2012 As you know Kenai Area Fisherman's Coalition (KAFC) represents private anglers in our area. In recent years it has become more difficult for some of our area seniors, on a fixed income, to make ends meet because of increased costs of living, With the increased costs of gasoline, outboard oil and boat launch fees their ability to participate in local fisheries is one of the areas they have had to cut back on. We fully appreciate why the City of lCen.a.i felt they had to raise their boat launch fees to offset penses incurred by the PU fishery, however, having the $20.00 in affect for the entire year has had limiting ects on local seniors that would like to participate in the early King season and the fall Coho fishery. We would appreciate it if the council would consider a fee reduction to S10.00 for senior citizens 60 years and older throughout the year except for the PU season July 10 thru the end of the PU season (generally July 31). We understand that there may he other options for consideration but we have chosen this particular one because it does not discriminate between resident and non - resident or a local area option that may be difficult to administer. By virtue of the time periods involved most participants would be local area residents anyway. We chose the 60 year definition simply because the State of Alaska issues a permanent license at this age so it would be easy to verify. Additionally, this option does not require any additional administrative costs except for signage and deposit envelope changes. This fee would also parallel the $11.00 fee that the City of Soldotna charges everyone that launches at Centennial Park. We would be glad to attend both the Harbor, Commission meeting and the City Council me where this might be discussed to answer any questions that may arise. Thank you again for consideration of this matter. Respectfully Submitted, fight Kramer _,3 -1054 9 g THIS PAGE IS INTENTIONALLY LEFT BLANK 10 the of KENAI ALASKA Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2012 -19 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO DBR CONSTRUCTION, INC FOR THE PROJECT ENTITLED KENAI VINTAGE POINTE SPRINKLER DAMAGE REPAIR 2012 FOR THE TOTAL AMOUNT OF $30,993.00 WHICH INCLUDES BASE BID AND ADDITIVE ALTERNATE 1. win bids were received on March 14, 2012: BIDDER BASE BID ADD ALT 1 ADD ALT 2 Dan Sterchi Construction 41,813 4,200 3,800 Holden Company 33,322 4,644 3,798 DBR Construction, Inc. 28,068 2,925 2,725 ; and, WHEREAS, DBR Construction, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to DBR Construction, Inc. for the total cost of S30,993; and, WHEREAS, sufficient monies are appropriated NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the contract for the project entitled Kenai Vintage Pointe Sprinkler Damage Repair 2012 is awarded to DBR Construction, Inc. for the total amount of $30,993. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2012. PAT PORTER, MAYOR A 1'l EST: Sandra Modigh, City Clerk,,,, Approved by Finance: .97 C_ Contingent upon passage of Ordinance 2615 -2012 11 the cztof KENAI. ALASKA "Village with a Past Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 lAdvwNeGIY Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 "IIIl 1992 MEMO a NDUM TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director DATE: March 14, 2012 SUBJECT: AWARD OF CONTRACT for Vintage Pointe Sprinkler Damage Repair Rick, During the severe storm on November 16, 2011 a sprinkler head at Vintage Point froze and broke thereby flooding the Vestibule, Lobby and Lounge. This contract is for the repair of the resulting damage. On March 14, 2012 at 2:OOpm we received three bids for the above project. These bids have been reviewed and it was determined that DBR Construction, Inc. was the lowest responsive bidder. The bid documents were complete and responsive and sufficient funds will be available to award the base bid and additive alternate 1. Base Bid - remove and replace or repair damaged construction. The Base Bid does not include repair of sprinkler system covered by the Additive Alternate. Additive Alternate 1 — reroute sprinkler system to connect a replacement sprinkler head in the Vestibule to the existing dry sprinkler system. Additive Alternate 2 - (Not awarded) repair sprinkler system to pre -event conditions by connecting replacement sprinkler head in arctic entry and connect to wet system. The attached Resolution 2012 -19 is recommending award of the contract to DBR Construction, Inc for the total bid cost of $30,993. 12 the aty o f / CITY OF KENAI NENAI.ALASKA RESOLUTION NO. 2012 -20 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER WITHIN THE GENERAL FUND - FOR THE PURCHASE OF A WIDE- FORMAT SCANNER. WHEREAS, purchase of a wide- format scanner will facilitate the digitizing and archiving of hundreds of project drawings from City facilities and past projects; and, WHEREAS, many of the old project drawings are deteriorating and digitizing will ensure their usefulness in the future; and, WHEREAS, once digitized these drawings can be integrated into the City's geographic information system (GIS) providing easier access to City departments and the public; and, WHEREAS, excess funds are available from the City's GIS upgrade project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfer be made: General Fund - From: Planning - Professional. Services 8,000 To: Planning - Machinery & Equipment $8,000 PASSED BY THE COUNCIL OF THE CITY OF K_ENAI, ALASKA, this fourth day of April, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 13 PAT PORTER, MAYOR Nike e1. 1 /v(;/ ALASICA MEMO: &laye with a Past, Ci with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 t Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I I I I I 1 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: March 12, 2012 SUBJECT: Budget Transfer — Wide - Format Scanner 1992 This is a request to transfer $8000 from Professional Services to Small Tools to provide funding to purchase a wide - format scanner. The funds are available from the Planning Department professional services account. Funds were budgeted under professional services to hire consultants to migrate the City's GIS project from AreGIS Version 9 to Version 10. However, I am working with the City's GIS consultant to find a method that is less expensive and provides a long -term solution that is not dependent on the GIS software programming language. The scanner will be used by the Public Works and Planning Departments and will be available for other departments as needed. The scanner will be connected directly to the wide - format (GIS) printer. There are hundreds of project drawings stored that need to be scanned. The scanner will serve two purposes — to preserve these documents in digital format and to allow access to the scanned documents through the City's mapping program (GIS). With the compatibility to the wide - format printer, the City will be able to copy large- format documents up to 44" wide. The City does not currently possess a scanner or copier that can copy large drawings. (We are limited to 11 "X17 ".) Dan Castimore has researched options for the City and has prepared a request for quotes based on his research. For your information, a copy of the scanner specifications is attached. With this transfer, funds will be available to purchase the scanner. 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WHEN IMAGING MATTERS U ffi Mc eery of K NAL ALASKA Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2610 -2012 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 peiauitted 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 pe„ iit 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, section14.22.010, 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, section14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. 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] 19 Ordinance No. 2610 -2012 Page 2 of 2 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY 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] 20 14.22.01.0 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 ZONING DISTRICTS RESIDENTIAL LAND USES C RR IIIIIIIIIIIIIM ® 0 CG nil IL 111 ED ®TSH LC CMU One Family Dwelling Two/Three Family Dwelling C'ti ®M P P P ® S' S' C sr C Cc P P S' /C' P P SVC' Four Family Dwelling Five/Six Family Dwelling Cs C" P C' C 29 N P P EMI Ell N ® WM Pc' S' C EMI 11111111MI C SVC21 C S' /C11 Seven or More Family Dwelling Cs C N C' Mill Townhouses' C C El Mobile Home Parks' 1111111111111111111 C EMMEN C C N Planned Unit Residential Development' C C" C C IIIII C C C C COMMERCIAL III � IIIIMIIOIMIINIII Mill LAND USES ®NEEMI CC TSN LC CMU Automotive Sales 0 N N® N P Automotive Service Stations 11111 N N N C MEIP C N N P Banks Business /Consumer Services Guide Service N N N ® C IIMIMI C N C N N C C 11111 ®11111111111I P Illnli= P P P MEM ® C EA C P C 1 P P C Hotels/Motels P C Lodge N ® N ® N N ® P Professional Offines © C ® P ®� ® P C C P Restaurants N ®�� P Retail Business N2 C N N ® P P P i S2° Whoicsale Business N C N C M C C fl P P N S" C' 0 N Theaters /Commercial Recreation N C ® C N N C P P C C® P I C C P New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2610 -2012 Attachment A 21 Page 1 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 ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL II-1 ED R TSI-I LC CMU Airports and Related Uses P" C N C NN C P PP P N C N N C Automotive Repair N C N C N N C P P P P N N N N P Gas Manufacturer /Storage N N N C N N N N N C7 C" N N NN N Manufacturing/Fabricating/ Assembly N C N C N N C C P P P N C C N C Mini - Storage Facility N C N C N N C C P P P N N N C C Storage Yard N C N C NN CC P P P N N N N C Warehouses N C N C N N C N P P P N C NN N PUBLIC/ INSTITUTIONAL LAND USES C RR RI21 1 RS RSI 1252 RU CC CG IL III ED R TSH LC CMU Charitable Institutions C C C2Y C C C P P P P P P C P C P Churches* C P° P10 P1" P'0 P'" p'° Pi" P1" C C P P1° P P P Clinics CC N 0 0 0 C P P P C 0 0 0 P P Colleges* C C 0" 0 C 0 C P P 0 0 PC 0 0 P Elementary Schools* C C C" C C C C P P C C P C 0 0 P Governmental Buildings C C C'" C C C C P P P C P C C P P High Schools* C C C" C 0 C C P P C C P C C C P Hospitals* C C N C C C C P P P C C C C C P Libraries* C 0 C'" C C C Cc P P P C P C P C P Museums C C C'" C C C C I P P 0 )C P C P Parks and Recreation I ' C C" C C C C P P P P P P P C P Assisted Living C C C C C C C C C CC 0 0 0 0 0 MISCELLANEOUS LAND USES 0 RR RRI RS RS 1 RS2 12U CC CG IL IB El) R TSH LC CMU Animal Boarding" CC N C C N N C C C C N C N 0 C Bed and Breakfasts C C C C C C C C C C C N [C]P C C P Cabin Rentals 0 0 N C N N N P P P C N P P 0 P Cemeteries C C N C N N N N 0 0 0 N 0 C N N Crematories /Funeral Homes N C N C N N 0 C C C C N 0 0 0 0 Day Care Centers" C 0 C" C C C 0 P P P C C 0 0 P P Dormitories/Boarding Houses C C N 0 0 C P P21 S C P] P'" C C 0 P Essential Services P P P P P P P P P P P P P P P P Farming /General Agriculture * ** P P N N N N N N N N P N P N N N Greenhouses/Tree Nurseries Is C C N C C C C P P I P C N C C C P LAND USE TABLE New Text Underlined; [DELETED TEXT BRACKETED] 22 Ordinance No. 2610 -2012 Attachment A Page 2 KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS I LAND USES C RR RRL RS RS1 RS2 RU CC CG IL IH ED R TSH LC Chili Gunsmithing, Printing, Taxidermy N C N C C C C P P P P N C 9 P P Assemblies" (Large: Circuses, Pairs, Etc.) C C N C C C C P15 P10 P P's 9" C 9 N 9" Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C N 0 0 0 0 P 9 P C N C 9 0 P Nursing, Convalescent or Rest Homes N C N C CC C P P C C C C C C P Parking, Off - Street P 9 P P P P P P P P P P P P P. P Parking, Public Lots" C 0 N 0 0 0 0 0 0 0 C 0 0 0 0 0 Personal Services''s C C N C C C C P P 9 P C C P P/ C" 9 Communications Towers & Antenna(s), Radio/TV Transmitters /Cell Sites ** 1" P C N C C C C 9 9 P 9 9 0 0 0 0 Recreational Vehicle Parks C C N C N N 0 0 0 C C N C 0 N 0 Subsurface Extraction of Natural Resources16 0 C C C C C 0 0 0 0 0 N 0 N N N Surface Extraction of Natural Resources" C C N C N N C N 0 C C N 0 N N N See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704 a) * ** Sec, 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 KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2. One (1) single- family residence per parcel, which is part of the main building. 3. 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; 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 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; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. New Text Underlined; pELETED TEXT BRACKETED] Ordinance No. 2610 -2012 Attachment A 23 Page 3 5. See "Mobile Homes" section. 6. Allowed as a conditional 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 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 or property line. 1 L Allowed as a conditional use, provided that no part 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. 12. 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 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. 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: a. 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. 15. 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 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 RU/TSH zones. 22. 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 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, 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. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self - Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined; [DELETED TEXT BRACRETED] Ordinance No. 2610 -2012 Attachment A 24 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 met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must he either from (a) driveway access on the Kenai Spur Highway, or (b) driveway access from a dedicated right -of -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 Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2610 -2012 Attachment A 25 Page 5 6fAI, ALASKA v "Village with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 Iv VIF.VIO: 'S\\\,,,. TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administratio 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. 1992 The Planning & Zoning Commission is recommending an amendment to KMC 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 (KMC 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. 26 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -04 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE 14.22.010, "LAND USE TABLE," TO ALLOW BED AND BREAKFAST IN THE RECREATION ZONE (R) AS A PERMI I'1'ED 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, section14.22.010, 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 KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Fouu: This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, KMC 14.22.010: The City of Kenai Municipal Code, section14.22.010, Land Use Table, is hereby amended as shown on Attachment A to this ordinance. 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] 27 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 &kcrr, 2012 CHAIR New Text Underlined [DELETED TEXT BRACKETED] 28 14.22.010 Land use table. LAND USE TABLE ICEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL LAND USES C RR RRI RS RS1 R RU CC CG IL 111 ED R TSH LC CMU One Parr:ily Dwelling C's P P P P P P P21 S' 52 S' C" P P P SVC" Two /Three Family Dwelling C's P P P P P P P" S' C C 0" P P p S' /C21 Four Family Dwelling C's P C3'29 P N N P P" S' C C 022 N P C S' /C21 Rive/Six Family Duelling C's C' N P N N P P21 S' C C N N P C SYC2' Seven or More Family Dwelling C's C' N 0' N N P P21 S' C C N N P C S' /C11 Tovmhouses4 0" 0-' 0'M C' C303 0' 0 C C 0 022 0 0 0 0 Mobile Home Parks` N C N 0 0 0 0 0 0 C C N C N N C Planned Unit Residential Development' C's C 029 0 C C 0 0 0 C 0 N G C 0 C COMMERCIAL LAND USES C RR R121 RS 1251 1152 RU CC CG IL 1H ED R TSH LC CMU Automotive Sales N C N N N N C P P P P N N N N P Automotive Service Stations N C N N N N C P P P P N C N N P Banks N C N C N N C P P P C N 0 0 0 P Business /Consumer Services N C N C N N C P P P C N C C C P Guide Service NC N C N N C P P P P N P P 0 P Hotels /Motels N C N C NN C P P P 0 N 0 P 0 P Lodge N C N C N N C P P P C N 1' P C P Professional Offices N C C29 C N N P P P P P N C P p p Restaurants N C N C N N 0 P P P C N C C 0 P Retell Business N2' C N C N N C P I' P p S24 S'4 C C P Wholesale Business N C N 0 N N 0 0 P P P N S24 c C N Theaters /Commercial Recreation NC N C N N C p P C i C N P C C p New Text Underlined; IDELETED TEXT BRACKETED] 29 Resolution No. 2012 -04 AttachmentA D.,.. 1 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 ZONING DISTRICTS INDUSTRIAL LAND USES C RR RRI RS RSI RS2 RU CC CG IL 11$ ED R TS H LC CMU Airports and Related Uses P30 0 N 0 N N 0 P P P P N C N N C Automotive Repair N C N C N N C P P P p N N N N P Gas Manufacturer /Storage N N N C N N N N N C9 C' N N N N N Manufacturing/Fabricating/ Assembly N C N C N N C C P P P N C C N C Mini - Storage Facility N C N C N N C C P P P N N N C C Storage Yard Warehouses N ®11111®11111111 C N C N N C C P P P N N N N C MEN MOW PUBLIC/ INSTITUTIONAL LAND USES C RR RR R5 RSI RU CC CG IL IH ED R TSH LC CMU Charitable Institutions C C C" C C P P P P p P C P C P Churches* C I10 Pi' pio P1° Pi° Pm p" C C P P1° e P P Clinics 0 0 N 0 0 C P P P 0 0 0 C P P Colleges* C 0 0" 0 0 C P P 0 0 P 0 CC P Elementary Schools* Governmental Buildings C ®® C 029 0 0 C99 ® 0 C P P 0 0 P ® P Dia p fl P ® C 0 P© 0 0 0 0 ® ®1111a 0 C ©1111® C P 0 C C P gra 0 0 C 0© High Schools* Hospitals* C 1.1171111 COI C C C 0 0 IIII p P Libraries* C C 0" 0 0 0 0" P P P C P Museums 0 0 0" 0 CC C P P P C P C P C P Parks and Recreation P C 039 0 CC C P P P P P P P 0 P Assisted Living C C C C C 0 CC C 0 0 0 0 0 0 0 MISCELLANEOUS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IH ED 11111111101111111 [C]P C C p Animal Boarding" ® ®11111111111111111 ® ®® 0 N Bed and Breakfasts C CC C C C C C C C C N Cabin Rentals 0 0 N C N N N P P P C N P P C P Cemeteries C Crematories /Funeral Homes Ma C N 0 NN N N C 0 0 N 0 C IME11111111 C N N P C ® ®1111111011111111111 Day Care Centers12 C" ® Ella C© p ©® C C Dormitories /Boarding C Houses C ® C C III P p31 S C p3' C I C P Essential Services P P P P P P P P P P P P P P P Farming /General P Agriculture * ** P N N N N N N N NP NP NN Greenhouses/Tree C Nurseries' C N C C C C P P P C N C CC P L New Text Underlined; IDE1�F'I -ED TEXT BRACKETED' 3V Resolution No. 2012 -04 Attachment A KEY: P = Principal Permitted Use C= Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS MISCELLANEOUS LAND USES C RR RRl RS RSI RS2 RU CC CG IL In ED R TSH LC CMU Gunsmithing, Printing, Taxidermy N C N 0 0 0 C P P P P N 0 P P 9 Assemblies " (Large: Circuses, Fairs, Etc.) C C N c cc C p" pu P15 po pis C p N pis Fraternal Organizations/ Private Clubs /Social Halls and Union Halls N C N C CC C P P P C N C P 0 P Nursing, Convalescent or Rest Homes N C N 0 0 0 C P P 0 0 0 0 C C P Parking, Off- Street P P P P P P P P P PP PP p p P Parking, Public Lots" 0 0 N C 0 0 0 C C 0 0 0 0 0 0 C Personal Services'x C 0 N 0 0 0 0 P P P P C C P P/ 087 p Communications Towers & Antenna(s), Radio /TV Transmitters /Cell Sites ** 28 P C N C CC C P P P P PC CC C Recreational Vehicle Parks C C N 0 NN 0 0 0 0 0 N C C N C Subsurface Extraction of Natural Resources I6 C C C 0 0 0 0 0 0 0 0 N O N N N Surface Extraction of Natural Resources" C C N C N N C N C C C N C N N N See 42 USCA Sec. 2000cc (Religious Land Use and I istitutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704 a) *** See, however, the limitations imposed under 'CMG 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 highways. Commercial or industrial which falls under the landscaping /site plans requirements of KMC 14.25 shall any secondary uses in the landscaping and site plans. 2, One (1) single- family residence per parcel, which is part of the main building. 3. 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; c. Yards around the site, off-street parking, and other development requirements shall be the same as for 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 harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding values; E The buildings shall be used only for residential purposes and customary accessory uses, such as garages, spaces, and recreational and community activities; g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs anticipated population; h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets designed; i. The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. major include principal be property storage of in the are New Text Underlined; [DELETED TEXT BRACKETED] 31 Resolution No. 2012 -04 Attachment A 5. See "Mobile Homes" section. b. Allowed as a conditional 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 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 or property line. 1 1. Allowed as a conditional use, provided that no part 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. 12. 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 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. 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: a. 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. 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 'CIVIC 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 RU/TSH zones. 22. 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 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, 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. Limited Commercial Zone Personal Services Permitted(P) Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Self - Service Laundries X Fitness Centers X Massage Therapist X Photographic Studios X Tailors X Tanning Salons X Tattoo Parlors X New Text Underlined; IDEi j'ED TEXT BRACKETED] Resolution No. 2012 -04 Attachment A 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 14.20255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 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 from a dedicated right - of-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 Text Underlined; IDELyEED TEXT BRACKETED) .ii..ii Resolution No, 2012 -04 Attachment A THIS PAGE I5 INTENTIONALLY LEFT BLANK 34 rV KE AL ALASKA Sponsored by: Council Member Molloy CITY OF KENAI 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 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 14.20.150(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 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 pei suit 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 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, New Text Underlined; [DELETED TEXT BRACKETED] 35 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; 36 Ordinance No. 2611 -2012 Page 3 of 6 (h) 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; (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 petulit, it shall be established that the use satisfies the following conditions: (e) (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. Issuance of the Peiulit: 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 detetinine 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 Text Underlined; [DELETED TEXT BRACKETED 37 Ordinance No. 2611 -2012 Page 4 of 6 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. 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 tennis 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: (il (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—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. New Text Underlined iDELETED TEXT BRACKETED' 38 Ordinance No. 2611 -2012 Page 5 of 6 0) (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. A permittee may be granted time extensions not to exceed a total of two (2) years from the date of the Commission's grant of the first time extension. The Commission may, but is not required to, hold a public hearing prior to issuing a decision under this subparagraph (3). (4) 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 14.20.290. If the permittee has requested a stay under subparagraph (3), above, the time for appeal of the administrative official's determination of lapse or expiration shall not run until such time as the Commission has made a final decision on the request for a stay. ((4)5) A conditional use peinut 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. 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] 39 Ordinance No. 2611 -2012 Page 6 of 6 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April21, 2012 New Text Underlined [DELETED TEXT BRACKETED] 40 MEMO N1/4" lave with a Past, Gity with aFuture" 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 DUM TO: FROM: DATE: SUBJECT: Mayor Pat Porter and City Council Members Council Member Bob Molloy February 28, 2012 Ordinance No. 2611 -2012 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 (0(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 (0(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 - 41 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 permit was issued or the use ceased, whichever is later. A permittee may be granted time extensions not to exceed a total of two (2) years from the date of the Commission's grant of the first time extension. The Commission may, but is not required to, hold a public hearing prior to issuing a decision under this subparagraph (3). The Council's consideration and support of Ordinance 2611 -2012 is respectfully requested. _2- 42 a NA{�y{IM cipto , S "VI Ilaye with a Past, City wiar a Future // MEMO. 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 n..."„ Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 l ll Ilol 1992 TO: FROM: DATE: SUBJECT: Rick Koch, City Manager Marilyn Kebschull, Planning Administration February 24, 2012 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 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. Councilor Molloy is sponsoring an amendment to KMC 14.20.150, "Conditional Use Permits" to expand the authority of the Planning 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 22 "d. 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 for a request, the Commission amended the proposed ordinance in section KMC 14.20.150(1)(3) by adding, "within two (2) years of the date the permit was issued or the use ceased, whichever is later" after "the peiuiittee 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, KMC 14.20.150(i)(3). That section now reads (new text italicized): (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 43 Rick Koch, City Manager Ordinance No. 2611 -2012 February 24, 2012 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 peuuittee that either the permit has lapsed under subparagraph (1) or that the peewit has expired under subparagraph (2) by a date certain. If the administrative official does not issue a written notice concemi.ng 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. Apermittee may be granted time extensions not to exceed a total of two (2) years from the date of the Commission's grant of the first time extension. The Commission may, but is not required to, hold a public hearing prior to issuing a decision under this subparagraph (3). Administration supports the ordinance before the Council. 44 JaV of KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -05 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 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. 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 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 New Text Underlined; [DELETED TEXT BRACKETED] 45 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[ 46 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; (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 penult, 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 Text Underlined; [DELETED TEXT BRACKETED] 47 Resolution PZ2012 -05 Page 4 of 6 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. 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. (i) 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. (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 New Text Underlined [DELETED TEXT BRACKETED] 48 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 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). (4) 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 14.20.290. If the permittee has requested a stay under subparagraph (3), above, the time for appeal of the administrative official's determination of lapse or expiration shall not run until such time as the Commission has made a 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 shall 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. Section 4. Effective Date: Pursuant to KMC 1.15.070(I), this ordinance shall take effect one month after adoption. New Text Underlined; [DELETED TEXT BRACKETED] 49 Resolution PZ2012 -05 Page 6 of 6 Dated at Kenai, Alaska this 22nd clay of February 2012. New Text Underlined' [DELETED TEXT BRACKETED 50 r �lll a milt a�vt 210 FidaLgo Avenue Kenai, Aiaska 99611'7794 Telephone: 907-283-7535 / FAX: 907-283'3014 �� MEMORANDUM TO: Jeff Twaft Chair - Panning & Zoning Commission Comrnissioners Bryson, Knackstecjt, Koester, Peterson, Rowefl, and Smith FROM: Council Member Bob Molloy DATE: February 20, 2012 SUBJECT: Resolution No. PZ12'05 Ordinance No. [Draft] -2012 Conditional use permits are significant property rights upon which property owners and lessee.s rely by investing their time and money in their property, and thereby contributing to the growth of economic activity in the City nfKenai. A property owner who operates a business in the City of Kenai under a conditional use permit dosed that business for a period of time due to the dovvnturn in the economy, The properly owner has p!ans to continue the use of that property for the business under the conditional USE permit because economic conditions and circumstances are improving, but had significant concerns over the City's automatic, expiration of a conditional use permit if the use ceases for a period of one (1) year or longer, While the Code Enforcement's practice is to provide notice to the property owner before the permit automatically expires, there is nothing in the City Zoning Code which requires that practice. Also, the City Zoning Code provides no direction to property u\wo:/no/|usnees: there is nothing orr the property ownePs abitity to ffle an apphcation requesting a time extension. And at present, the Zoning Code gives authority to the Planning & Zoning Commission to grant time extensions only upon a finding that circumstances have not changed sufficiently to warrant reconsideratiori of the approva? of the oonditional usa permit; and the dma extensions are not to exceed aix (6) months each. The Henning Department does an annual review of permits, and not a semi-annual review. Discussion Any proposed solutions in Code to these issues need to be in the best interest of the City of Kenai as applied to aH parmt hcders or permittees not just applied to the individua|property owner's circumstances, 51 � (1) A permittee musi reciuest a time extension in writing, and subrnit any supporting rnaterials, within 90 days of the date otthe administrative officials notice tothe permittea that, by a date certain, either the permit has lapsed [if no buila'ing permit is procured Or if the allowed use is not initiated} or has expired [if for any reason the conditioned use has ceaseo: for a period of ono yerorionge,. See proposed KMC142U.15O(i)(3). (2) If the administrative official has not issued a written notice concerning lapse or expiratiori the permittee may request a time extension at any t[nie. See proposed KMC (3) The authority of the Con7n`iosionisexpanded: (a) To grant a [inc exterision upon a finding eitherthat (1) "c[rcumstances have not changed sufficiently to warrant reconsideration of the approval of the unndihnna|osypermit.''oointhcconentCo6e.orihat(?)n\her''goudcauyeexisisin grarit the time extension,' See proposed KMC 14.20.1500)(3). (b) To grant a time extension for per?ods not to exoeed one year each, instead of aix months as in the current Code. See proposed KMC14`2O.160(0(3\. The additiono|bmepe/iudahnu|duuurdinaiebeitorm/iihtheP|anningDepartrneoyo� �nua| review process. (4) The Commission may, but is not required to, hold a publio hearing prior to granting an extension of time or issuing a decision on the application for time extension. See proposed KMC 14.20J58(U(3). Current Code provides that "a public hearing shall not be required prior to wanting an extension of time." (5) If the perrnidee disputes the administrative official's determination that the conditioned use has not bean timely initiated or has ceased fora period of one (1) year or longer, the permittee may appeal the official's determination to the Board of /\diustroenL However, Jthe pa/rn|ctee has requested a stay by filing anapp|icadon for Unoeextension. then the time for appeal does riot begin to run until the Commission has made a final decision on the request for stay. See proposed K&1C142O.1C0(i)(4) arid (G). This allows the po|rnibee. and the City, to consolidate the appeals of the administrative official's decision and the Commission's decision; and appeal procedures are in aocordanoe with KMO 14.20.290. Your reoornmendations and action on proposed PZ12-05 and Ordirtance No. fDrufti'2O12 is respectfully requested. Acknowledgements In the past, / have said publicly that when the Counoil sits on the dais in meetings, we don't sit alone. Thats especially true of Iegislation. Por their 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 KebschoU, Planning /Administration, for big picture perspective and packet items; Rick Koch, City Manager, also for big picture perspective; Krista S Steams, City Attorney, for consultations, legal advice,, excellent vvord-smithing, and packet items; and to Sandra K Modigh, City Clerk, and Corene Hall, Deputy Clerk, for timely publication. -Z Memo to Commission 52 tic . a/ KENAI.ALA SNA Sponsored by: Planning & Zoning Commission CITY OF KENAI 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 (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, peruitted 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, 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, etcetera) 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 Text Underlined; [DELETED TEXT BRACKETED] 53 Ordinance No. 2612 -2012 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 -teini public benefits to accrue from the protection offered by this designation. (b) Permitted Principal Uses [AND STRUCTURES]: As allowed in Land Use Table. [(1) 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) MULTI - FAMILY UNITS; (9) HOTELS, BED AND BREAKFASTS; (10)RESTAURANTS.] (d) Accessory Uses. As defined (see Definitions). (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. (1) [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 KMC 14.20.2501 Parking Requirements. As required by this chapter. New Text Underlined. [DELETED TEXT BRACKETED] 54 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 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 2012. 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] 55 KENAI, MEMO: "Kflaye with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 � Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 l l I I l,l 1992 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration 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 (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. The Planning & Zoning Commission is recommending an amendment to KMC 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 14.22.010.) 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. 56 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -03 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, 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 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, 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, etcetera) are amended; 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 14.20.145 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 Text Underlined; [DELETED TEXT BRACKETED] 57 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 - 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. [(1) 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) [PERMI'1'1'ED ACCESSORY USES AND STRUCTURES: (1) BOARDWALKS; (2) PARKING -NOT TO INCLUDE LARGE !'RUCKS 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. [(!)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; (10) RESTAURANTS. ] (d) Accessory Uses. As defined (see Definitions). (e) [PROHIBITED USES AND STRUCTURES: ANY USE OR STRUCTURE NOT OF A CHARAC !'hR INDICATED UNDER PERMI'f1ED 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 ANY PERMITTED USE IN ACCORDANCE WITH THE PROVISIONS OF KMC 14.20.250.] Parking Requirements. As required by this chapter. New Text Underlined; [DELIAB.D TEXT BRACKETED) 58 Resolution PZ2012 -03 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 1.15.070(f), this ordinance shall take effect one month after adoption. ilG Dated at Kenai, Alaska this :R . -a day of ldorwcr! 2012 A'1'1'ES1 J /(Aa,,c &Cl; _ New Text Underlined; [DELETED TEXT BRACKETED 59 THIS PAGE IS INTENTIONALLY LEFT BLANK 60 hq KE AL ALASKA Suggested by: Mayor Pat Porter CITY OF KENAI ORDINANCE NO. 2613 -2012 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 29.20.380), 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 BRACKETED] 61 Ordinance No. 2613 -2012 Page 2 of 2 shall act as the parliamentary advisor for the City of Kenai. 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(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, 2012 Effective: April 21, 2012 New Text Underlined [DELETED TEXT BRACKETED] 62 the el/ 0/.. KEN AI, ALASKA lalage with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM 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 63 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 64 hereof/ KEN AL ALASKA "Village with a Past, Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO N DUM TO: FROM: DATE: SUBJECT: Mayor Porter and City Councilo Krista S. Stearns, City Attorney Sandra Modigh, City Clerk it March 15, 2012 Ordinance No. 2613 -2012 City Clerk as Parliamentarian A> At the March 7, 2012 City Council Meeting, Council Member Molloy requested the City Attorney and City Clerk collaboratively research and provide additional information concerning the practices of other home rule communities and that information is complied in the attached spreadsheet. Neither the City Attorney or the City Clerk takes a position on this ordinance. 65 heel of/ FIAig ALASKA Village with a Past, Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 MEMO' NDUM TO: Mayor Porter and City Councilors FROM.: Krista S. Stearns, City Attorney\ \l DATE: March 15, 2012 u SUBJECT: Ordinance No. 2613-2012 City Clerk as Parliamentarian Ordinance No. 2613 -2012 changes the role of City Clerk to have the Clerk act as parliamentarian to the City Council. Neither the City Charter or Code nor written Council policy states who acts as parliamentarian to the City Council. As hest as I can determine, the Kenai City Attorney has acted as the parliamentary advisor to the Council as a matter of custom and practice of the Council since incorporation. At the March 7 Council meeting, Council Member Molloy asked for additional information concerning the practices of other communities. Because AS 29.20.380 applies to all general law municipalities, on can infer that the 145 (or so) general law municipalities in the state comply with the requirement of AS 29.20.380. That statute states that one duty of the city clerk is to "act as the parliamentary advisor to the governing body." AS 29.20.380(a)(1.0). Horne rule communities are not bound by AS 29.20.380 and are free to organize as they feel is most appropriate to their unique needs in this respect. As you can see from the spreadsheet attached to the memorandum from myself and Ms. Modigh, different municipalities have approached this issue in different ways. There are 19 home rule municipalities in the State. Of those 19 municipalities, five have dedicated in -house counsel to advise their governing body. Of those five municipalities, three identify the city attorney as parliamentarian. Another home rule municipality, Wrangell, does not have in -house counsel; but, identifies its city attorney as the parliamentarian when the attorney is present at meetings. Thus, 15 home rule municipalities use their city clerk as parliamentarian, which duties are either set as either a matter of code ordinance or custom and practice. 66 Mayor Porter and. City Councilors March 15, 2012 Page 2 of 3 Finally, to the extent that the "whereas" section of Ordinance No. 2613 -2012 suggests that the City's current practice of using the city attorney as parliamentarian runs counter to state law, such inference should not be drawn. There is nothing improper about the City following a process different than that stated in AS 29.20.380. As stated above, that statute applies only to general law municipalities, not to home rule municipalities like Kenai. It is important that the public understand that the City has not been violating state law by its practice of assigning its city attorney parliamentarian duties. L:A Council AMemoAParliamentairan.Change.03 1 512 67 m co Unified Home Rule Municipality Clerk/Attorney Yes Anchorage Custom/Practice Duties of clerk at meetings change after appointment of assembly couns&; often collaborative, incIudng at meetings Cordova Home Rue City Clerk Custom/Practice No Denali Borough Home Rule Borough Clerk Code No Duties of clerk at meetings set forth in Code but does not include parliamentarian duties Fairbanks Home Rule City Clerk _-_ ---_--- Custom/Practice Yes Clerk is parliamentarian; Attorney advises on nuances and issues legal opinions Haines Borough Home Rule Borough Clerk Code No Juneau Unifled Home Rule Municipality Attorney Written Policy Yes Set by written policy adopted by Assembly Kenai Home Rule City Attorney Custom/Practice Yes City Attorney & City Clerk in conjunction Ketchikan Home Rule City Clerk No Kodiak Home Rule City Clerk Custom/Practice No Nenana Home Rule City No North Pole Home Rue City Clerk No North Slope Borough Home Rule Borough [ustnno/PraLtiCe No Northwest Arctic Borough Home Rule Borough No Duties of clerk at meetings set forth in Code but does not include parliamentarian duties Palmer Home City eRu|e[i� Clerk Code No ------ Petersburg Home Rule City None No Clerk is ex officio Clerk to Council byCharter; Charter says the Council appoints a member to serve as parliamentarian Seward Home Rule City Clerk Code No Sitka Unified Home Rule Municipality Attorney Code Yes Valdez Home Rule City Clerk No Wrangell Unifled Horne Rule Borough Attorney Written Policy No Set by written Set by written policy adopted by Assemby in clerk acts as pariamentarian in ce of city attorney Yakutat Home Rule Borough C|erk Code No Sandra Modigh From: Patricia Porter [kenaimayorl0 @msn.com] Sent: Friday, March 09, 2012 6:51 PM To: Sandra Modigh Subject: FW: Ordinance No. 2316 -2012 Sandra, Please put a copy of this email in our next city council packet. Thank you, Pat From: ibower( oalmerak.org To: kenaimayorl0amsn.com; mboyleaalaska.com; bob Dmollovforcouncii.com; timnavarre©omaii.com; rvan(hmarouisforkenai.com; terryabookevforkenai.com CC: smodighc ci.kenai.ak.us Date: Fri, 9 Mar 2012 09:44:13 -0900 Subject: Ordinance No. 2316 -2012 Good morning, It's not very often that a Clerk uses the opportunity to weigh in on another municipality's ordinance. However, the nature of this ordinance is such that I felt it important enough to write to you. I completely support this ordinance and applaud you for considering it. As the Mayor pointed out, the parliamentarian duties are traditionally carried out by the Clerk. Title 29, which speaks to general law municipalities, designates the duties as belonging to the Clerk. Palmer, similar to Kenai, is a home rule municipality and just like Kenai, is not bound to that portion of the statute. Palmer, again similar to Kenai, adopted an ordinance designating the Clerk as the parliamentary advisor to the council. Just in case you are interested, I've included our code language below. In speaking with our City Attorney, he explained that the attorneys do not receive a lot of parliamentary training, where conversely the Clerks receive yearly training. This ordinance falls in line with other municipalities and to the strength of a City Clerk. I urge you to adopt it. By the way, congratulations on hiring such a great Clerk! I've known Sandra for quite a while and had the pleasure of writing the letter sponsoring her Certified Municipal Clerk (CMC) designation. This is an excerpt from the letter: "Sandra serves her City with professionalism and dignity. She is dedicated to meeting the needs of her council and community, and continually meets those needs through her leadership and management abilities ". I'm certain you will be able to identify these abilities in Sandra as well. Thank you! 2.11.020 Duties. The clerk shall: A. Attend regular, special and emergency meetings of the council and keep a record of its proceedings; B. Record and certify all actions of the council; C. Administer all oaths required by law; D. Have custody of the city seal and the official records of the city; E. Assure ample notice of the expiration or termination of any term of office to the proper officials and, when necessary, the conditions or requirements of all bonds, franchises, contracts or agreements; F. Administer all municipal elections; G. Attest deeds and other documents; H. Manage municipal records and develop retention schedules and procedures for inventory, storage and destruction of records as necessary; 1 69 I. Maintain and make available for public inspection an indexed file of all permanent city records, including the city ordinances, resolutions, rules, regulations and codes, provide for codification of ordinances, and authenticate or certify records as necessary; J. Prepare ordinances and resolutions as required to carry out the functions of the council; K. Prepare agendas and council packets as required by the council; L. Assure that the municipality complies with 42 U.S.C. 1971 -1974 (Voting Rights Act of 1965, as amended); M. Act as the parliamentary advisor to the council; N. Prepare the budget for the council, mayor and clerk's office and provide the budget to the manager, according to the manager's timeline. The manager shall include the proposed budget, as submitted to the council; and O. Perform other duties required by law or the council. (Ord. 09 -004 § 3, 2009; Ord. 648 § 9, 2005) Janette M. Bower, MMC City Cleric City of Palmer, Alaska 231 W. Evergreen Avenue Palmer, AI( 99645 907 - 7614301 www.citvofpalmer.org 2 70 the by of KENAI, ALASKA Suggested by: City Clerk and City Attorney CITY OF KENAI ORDINANCE NO. 2614 -2012 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 infouuation in print and electronic form. 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 1.15.120 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] 71 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, 1 lth 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: 1.90.050 Proceedings. (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of boards, commissions and committees are 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, 1 lth 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 Underlined [DELETED TEXT BRACKETED 72 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 Clerk PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April 21, 2012 New Text Underlined' [DELETED TEXT BRACKETED! 73 'Eheci of> KENAI, ALASKA "Villaye with a Past, Ci with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO _ NDUM TO: Mayor Porter and City Councilors FROM: Krista S. Stearns, City Attorney;[? ti Sandra Modigh, City Clerk %t A, DATE: March 15, 2012 �)I-' SUBJECT: Ordinance No. 2614 -2012 Updating Edition of Robert's Rules of Order Ordinance No. 2614 -2012 updates the edition of the rules of parliamentary procedure used for official City business. The drafters of Robert's Rules of Order periodically update the official version of Robert's Rules; however, the City cannot apply those changes without a Code change. To do so would constitute an unlawful delegation of the Council's legislative authority to the drafters of Robert's Rules of Order. It is this same legal principle that requires the City to (re)adopt uniform codes such as the Uniform Fire Code, as the drafters of those codes update editions. This principle also explains the language in KMC 1.15.120 stating that the City will use Roberts Rules of Order "as revised at the time of passage." Due to the many generations of editions to the official Robert's Rules of Order generated between when the City first adopted this ordinance and 2012, it is not practical to conduct a section -by- section comparison of the older version of the rules and those as set forth in the Robert's Rules of Order Newly Revised, 11 °i Edition (issued in 2011). And, white it may be a slight understatement to refer to the ordinance as a mere housekeeping ordinance, this update is not expected to change the way the City conducts meetings. As an aside, it is not necessary that the City adopt each new edition of Robert's Rules of Order. In light of the long time since the City has updated its procedures and the difficulty in obtaining the correct edition of Robert's Rules of Order in effect at the time the City Council adopted current ordinance, an update is recommended. L:A Council \MemoARobertsRules031512 the c y 0/ KENAI. ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2615 -2012 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 16, 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 525,000 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 $6,382 New Text Underlined [DELETED TEXT BRACKETED] 75 Ordinance No. 2615 -2012 Page 2 of 2 Vintage Pointe Enterprise Fund Increase Estimated Revenues: Federal Grants State Grants Restitution 18,750 6,250 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 Approved by Finance: PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: March 21, 2012 New Text Underlined; [DELETED TEXT BRACKETED] 76 KENAI, A S ��/ Rick Koch, City Manager From: Terry Eubank, Finance Director Date: March 1, 2012 Re: Ordinance 2615 -2012 "Village with a Past, Y with a Fst re FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 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 funds 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 are available to cover the City's deductible for damages at City Hall and Vintage Pointe. The remaining repairs will be paid by Alaska Public Entity Insurance, the City insurance carrier. 77 THIS PAGE I5 INTENTIONALLY LEFT BLANK 78 the oily of KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2616 -2012 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/ 1.9R 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 $23,140 Airport Improvements Capital Project Fund Increase Estimated Revenues: Transfer from Airport Fund 523,140 Increase Appropriations Engineering $23,140 New Text Underlined- (DELETED TEXT BRACKETED( 79 Ordinance No. 2616 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March, 2012. ATTEST: Sandra Mod.igh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: March 21, 2012 New Text Underlined- [DELETED TEXT BRACKETED] 80 enai tors cipal Airport Memo "SentvtrwtheiGreatevK,ena. Peninsular 305 N. WILLOW Sr. SUrTE 200 1D1AI, AL SXA 99611 TELEPHONE 907- 2817951 FAX gar - 2833737 To: Rick R. Koch - City Manager From: Mary Bondurant — Airport Manager Date: January 23, 2012 Subject: Scope of Work 8 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, I requested and received approval to push back the correction date to September 30, 2012. I recommend proceeding with this process in anticipation of the 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- Corthell- 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 www.akenai.ak.us. 81 Mary Bondurant From: krisjon.tabisola @faa.gov Sent: Wednesday, January 25, 2012 10:19 AM To: Mary Bondurant Cc: Kayla Feltman; Mike.Edeimann @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 Alaskan Region krisjon.tabisola©a faa.ggy.. (907) 271 -3785 phone (907) 271 -2851 fax Krisjon Please "Mary Bondurant" <mbondurant@ci.kera . ak.us> Krisjon Tabisola /AAL /FAA @FAA, Mike Edelrnann /AAL /FAA @FAA "Kayla Feltman" <kfeltrran a!ei kerrai ak:ur,> 01/23/2012 01:50 PM FW: project dates tracheci is Wince CortheII Bryson's proposal letter for the tree obstruction bid documents and administr e 1 approve. Thank you. (I am leaving for var"ation on Thursday and : snrou d like to get t:hi in the next Counrsi packet which is due Wednesday, could 3 please get approval of this by Wednesday? Sorry for the short notice but Casey is also leaving forvacation and we thought this should get going) From: Casey Madden [mallto:cmadden ©wcbalaska.com] Sent: Monday, January 23, 2012 1:09 PM To: 'Mary Bondurant' Subject: RE: project dates Hows this Casey Madden, P.E. Principal Engineer Wince- Corthell- Bryson 1. 82 Phone: (907) 283 -4672 Fax: (907) 2P/3 -4676 E -mail: cmadden @wcbalaska.com From: Mary Bondurant [mail.o_is>_ktonduran@ 3 ken_al_ak_ls] Sent: Monday, January 23, 2012 12:09 PM To: Casey Madden Subject: project dates The project is suppose to be completed by 9/30/2012. The original LOC was 10.5.2009 with a correction date of 11.1.2009 but has been pushed back 6.1.2011, to 12.1.2011 to 9.30.12 (due to the EA). Mvury L. 3ontuurarott Airport Manager Kenai Municipal Airport 305 N. Willow St., Suite 200 Kenai, AK 99611 tel: 907.283.7951 Kenai 2011. [attachment "Tree Clearing Plans and Inspection Proposal.pdf' deleted by Krisjon Tabisola /AAL /FAA] 2 83 WINCE — CORTM ELL -- BRVSON CONSIiLTING ENGINEERS Box 1041 Kenai, Alaska 99611 Phone 907- 283 -4672 Fax 907- 283 -4676 E '41ai1:.. ti t i t ,.ci' 7 r .r.ronr City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 1(i, 2012 Attention: M.ary Bondurant, Ait-pori: Manager Subject: Obstruction Tree Removal Project Cleating Bid I7oeurn nts and Administration As requested th.e following Scope of Work and Cost Estimate is provided for your use in obtaining the necessary funding for the Obstruction Tree Removal Project. The project is to he completed by September 30, 2012 as noted in the October 5, 2009 (amended) "Letter of Correction" from FAA. The environmental and public involvement process, thus far, provides enough infornla'ton to provide a scope of work for most of the affected area. A fair amount of work has already been completed collecting the survey data and preparing the exhibits for the Envire',>rn mental Assessment.. Over and above the Assessment Exhibits, several additional exhibits have alreadv been prepared to assist you with your personal contact with the affected property owners on the West side of the Airport. All these documents can readily be incorporated into the Clearing Bid documents :;uhjec project seeping with the City. Anticipated Scope of Work to complete the project is detailed below and followed with our e for services through completion and closure of the FAA grant. PROJECT SCOTT Wince- CortheII -Bryson (WCB) will meet with the City to establish the standards, by arca, for tree removal and/or topping, slash removal, and finished surface requirements, such as stump grubbing, andior sod scarification. Reforestation methods and areas will be identified as wei1. The. above detail is expected to apply to City and Airport land for the Basic Bid Schedule and may be added to with private property areas as the City directs. These areas may be part of the Basic Bid or added by Change order as the project progresses. Wince- Corthell- Bryson wilt coat ntte to assist the City w itli private property owner contact and has estimated time for that. effort. Philip W. Bryson PE Mark E. Manning PE Phan Ni . co ell PE Frank W. wince PE (Rot.) E. Casey Madden PL 84 PROJECT DEVELOPMENT: Project development will detail clearing; topping and cleanup standards for the va identified in the scraping process and edit the existing clearing plan exhibits accordingly. Equipment staging and log decking areas will he identified and shown on the plans. Cutting, topping, cleanup and final surface conditioning standards will be prepared that clearly set forth the requirements for the contract logger to tallow. A preliminary staking plan will he provided to show the bidders the guidance that will he provided to accurately identify and remove or top the trees. The above documents will b incorporated utto the City's standard bid documents and made ready for review acrd ~tinting. PROJECT ADMINISTRATION AND INSPECTION: yk'CB will assist the City with the pre clearing conference and continued contact with affected property owners through the period of this initial clearing effort. WCB will provide full time inspection for the first few days of clearing, gradually declining' to part time (2 -4 hours h day? as the contractor demonstrates a firm understanding of the staking, cutting and cleanup standards required. WCB will provide survey stakes not exceeding a 200 foot grid identifying the ground and avigation cut elevation to guide the cutting and /or topping, of trees. Additional stakes will he provided where required to check and complete the work. prepare directives, and change orders as directed by the City as well as prepare pav estimates b i- monthly. Project documentation consisting of daily reports and picture lots as well as other required documentation will he maintained though out the project culminating in the FAA Grant close, out documentation. COST ESTIMATE: The following estimate is based on the known sensitivity of this project and the assump Awl t that the City desires to continue requiring WCB's assistanee with property owners through thte project as well as a reasonable level of oversight and control of the contractor operations during logging operations. Project Scoping City /Airport Lands Engineer 8 firs. @u 8135.00 51,080.00 Drafting 4 Hrs. @y$100.00 $ 400.00 Paoject Seeping private land (to date and estimated) Engineer 60 Hrs, tau' 5135.00 $ 8,100.00 Drafting 40 Hrs. @ $100.00 $ 4,000.00 Project 13cs-clopment Engineer 40llrs. (6;$135.00 $ 5,400.00 Drafting 20 Hrs. (u $100.00 5 2,000.00 Clerical ID Hrs. (Fi), 5 60.00 8 600.00 Philip W. Bryson PE Mark E. Manning PE Alan N, Corthell PE 85 (Ret.) en PE Bid Process Engineer 8 Firs. (z $135.00 $ 7,080.00 Clerical 8 Hrs. (ei7; $ 60.00 S 480.00 (includes prin 30 Day Clearing Contract Eugiueer 20 Hrs. (ii S 135.00 3 ?;700.00 Eng. Tech. i32firs. $ 85.00 3i 1,220.00 Surveying (Davis Bacon) 5,000.00 Jul Grant Closeout Engineer 4 Hrs. (rr; 3 i 35 00 Eng, Tech. 24 Hrs. (J 3 85.00 TOTAL S 540.00 S 2,040.00 S44,640.00 b Pre Grant funding necessary to take the project through the hid process is estimated at 3 23,140.00. The remaining 321,500.00 could he deferred and included in the FAA Grant Application. Should you have any questions pertaining to our assumptions and approach to this clearing projeet please does not hesitate to all mee in for a meeting to discuss the scope of work as set forth. Sinccrel; Casey iViadd Vice President, Wince -Cort9 cell- Bryson Philip %V. Br, PE Alan N. Co theli PE frank W. Wince PE (Rat.) Mark E. €Dlaming PE E. Caret' Madden PE 86 K NAL ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2617 -2012 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, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 23.25.060 of the Kenai 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 Text Underlined; [DELETED TEXT BRACKETED] 87 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 shall 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 [ S]sewer [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 Pay Times Regular Work 1 1/2 Saturday 1 1/2 Sunday 1 1/2 Holiday 1 1/2 (3) General [G]government 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. ([3]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 [T]treatment [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; [DELETED TEXT BRACKETED 88 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 employee. 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[S], 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; [DELETED TEXT BRACKETED' 89 Ordinance No. 2617 -2012 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st 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 Text Underlined; [DELETED TEXT BRACKETED] 90 the tity a f KENAI, ALASKA To: Rick Koch, City Manager "Village with a Past, Ci y with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 i le ' L. From: 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 11/2 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 21/2 times their normal hourly rate. This Ordinance will limit overtime to all temporary employees to the FLSA required rate of 11/2 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 compensation 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 11/2, 2, and 21/2 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 31/2 times and employee's normal rate of pay. Ordinance 2617 -2012 clarifies this issue. 91 THIS PAGE I5 INTENTIONALLY LEFT BLANK 92 thtayu/ KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2618 -2012 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 -150 pickup 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 Underlined; DELETED TEXT BRACKETED] 93 Ordinance No. 2618 -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 Text Underlined- DELETED TEXT BRACKETED' 94 the KEN \Uj SKA WI, with a Past, C# with a Future Kenai Police Department 107 S. Willow St., Kenai, Alaska 99611 Telephone: 907-283-7879 / FAX: 907-283-2267 MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 3/1/12 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, 2012. 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 vehicle as soon as possible to allow time for the City Shop to instal] 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, 1 submitted requests for written quotes to Stanley Ford, Cal Worthington Ford, and Kendall Ford. 1 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. 1 am requesting to purchase the pickup from Cal Worthington Ford. I have attached a copy of the written quote form from Cal Worthington. 1992 95 °I/illuge avitlr a t Ga r itla u Future" 210 Fidalgo Avenue, Kenai, Alaska 99 611 -77 94 Telephone: 967 -283 -7535 exi 221 r FAX: 907 - 283 -3014 en Quote F to be d Quantity Requested: em it be Delivered by; ption: IAttac aanuone mrnwu 11491- 1t 1 ' ;itt )/Skr 5 fed t y ( Per del: S tAnach Vendor infor at'oE yyam�// .y[ Vendor Name: e!7/ L4)VCd';j en.7 ld /1 ) Sales Person: L eC uoted Price Goad Until: ve // e Soec7- % a T7v iake /Model of Quoted Cram: ^� "--/L5 t) 5—c4,7,24.446) 59c-ti rMthok admgonai InlOrr"40p ur D"n"1 b,i rr opplIc bIV) R5 WC)7 2757 C /mom //7c4 519-4 ee9 tier yS° 'amity AV'. Unit Ptict: 7 �_ KENAI, ALASKA March 22, 2012 Village with a Past, Ci y with a FKtisre" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 Re: NON - OBJECTION OF LICENSE RENEWAL At its regular meeting of March 21, 2012, the Kenai City Council approved the renewal of the liquor license for Matson Winery & Supply; license number 4676. 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 97 February 14, 2012 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us 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 License Type License Location License No. Dear Ms. Lambert, Matson Winery & Supply Winery City of Kenai 4676 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, Michelle Saner, CMC Deputy Borough Clerk MS /klr cc: Applicant City of Kenai KPB Finance Department File 98 he Of/ KENAI, ALASKA a✓ March 22, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 East Tudor Road Anchorage, AK 99507 -1286 with a Past, Ct'i with a Fatare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -75351 FAX: (907) 283 -3014 www.ci.kenai.ak.us Re: NON - OBJECTION OF LICENSE RENEWAL At its regular meeting of March 21, 2012, the Kenai City Council approved the renewal of the liquor license for George's Casino Bar; license number 204. 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 99 January 31, 2012 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1. 800 -47B -4441 Ext. 2160 Email: assemblyclerk @borough.kenai.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 License Type License Location License No. Dear Ms. Lambert, George's Casino Bar Beverage Dispensary City of Kenai 204 JOHNI BLANKENSHIP, MMC BOROUGH CLERK 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, at Johni Blankenship, MMC Borough Clerk JB /klr cc: Applicant City of Kenai KPB Finance Department File 100 PENDING APPROVAL KENAI CITY COUNCIL WORK SESSION FEBRUARY 15, 2012 5:30 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: Mayor P. Porter, R. Molloy, M. Boyle, R. Marquis, T. Bookey, B. Gabriel, T. Navarre Others present: City Manager R. Koch, City Clerk S. Modigh, City Attorney K. Sterns, Kenai Chamber of Commerce & Visitor Center Representatives F. Braun, J. Butler, B. Shiflea. Mayor Porter began the work session at approximately 5:30 p.m. City Manager Koch provided an overview of the Assignment of the Facility Management Agreement between the City of Kenai and the Kenai Convention and Visitors Bureau, Inc. Jim Butler provided an explanation of the merger between the Kenai Chamber of Commerce and the Kenai Convention & Visitors Bureau and advised the newly merged Kenai Chamber of Commerce 86 Visitors Center (KCCVC) recommended Council approve the Assignment of the Facility Management Agreement. Mayor Porter opened the floor for public comments. The following spoke in favor of approval of the Assignment of the Facility Management Agreement: Ricky Geese Debbie Harris Fred Braun Jim Butler Brendan Shiflea Carol Bannock Theresa Moyer Council Member Boyle read into the record email correspondence from Joseph Rizzo in opposition of the merger process. Council, administration, and representatives of the KCCVC discussed details of the current agreement, services outlined in the agreement, political aspects of the newly merged organization, and possible amendments to the agreement. Mayor Porter, Council Member Gabriel, and Council Member Navarre spoke in favor the approving the Assignment of the Facility Management Agreement with KCCVC. City Manager Koch advised the agreement would be provided to council for approval at the March 7, 2012 meeting 101 KENAI CITY COUNCIL WORK SESSION FEBRUARY 15, 2011 PAGE 2 The work session was adjourned at 6:45 p.m. Notes prepared by: Sandra Modigh, CMC City Clerk 102 Council present: Council absent: Others present: PENDING APPROVAL KENAI CITY COUNCIL WORK SESSION FEBRUARY 21, 2012 6 :00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Mayor P. Porter, R. Molloy, M. Boyle, R. Marquis, B. Gabriel, T. Navarre T. Bookey City Manager R. Koch, City Clerk S. Modigh, City Attorney K. Sterns, Airport Director M. Bondurant, and C. Madden of Wince Corthell Bryson. Mayor Porter began the work session at approximately 6:00 p.m. City Manager Koch provided an introduction to the Kenai Municipal Airport Tree Obstruction Removal Project, a result of a "Letter of Correction" by the Federal Aviation Administration (FAA) dated January 14, 2011, stating the City was not in compliance with regulations pertaining to: 1) Maintenance of Runway Marking and Lighting, and 2) Obstructions (specifically trees). The City Manager advised administration's position to comply with the FAA's proposed action and requirements by topping /removing necessary trees and planting replacement trees of a specific species of which will not grow as tall eliminating similar future issues. Casey Madden provided an overview of FAA's regulations and requirements, possible solutions, and action provided to date pertaining to the project. Alternative measures to tree removal were discussed specifically relating to environmental commitments and mitigation outlined in the Final Environmental Assessment. Mayor Porter opened the floor for public comments. The following residents spoke in opposition of the project: Mike Wiles Les Bradley Virginia Shook The following residents spoke in favor of tree toping as an alternative to removal: Susan Bradley (recommended relocation of airport) Keith Shaffer Marion Shaffer Council and administration discussed comments made regarding extending or relocating the airport; neither of which is being considered. 103 KENAI CITY COUNCIL WORK SESSION February 21, 2011 PAGE 2 Council and administration discussed consequences of non compliance with the FAA's regulations and possible penalties. City Manger Koch reviewed the City's plan for topping the trees and planting new vegetation. Council concurred to hold another work session identifying the scope of work and present the plan for public comment. Administration will review the timeline and recommend a work session date. The work session was adjourned at 7:37 p.m. Notes prepared by: Sandra Modigh, CMC City Clerk 104 PENDING APPROVAL KENAI CITY COUNCIL - REGULAR MEETING MARCH 7, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER A Regular Meeting of the Kenai City Council was held on March 7, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. A -1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. A -2. The National Anthem by Olivia Brewer of the Central Peninsula Girl Scouts Olivia Brewer, a member of the Central Peninsula Girl Scouts, sang the National Anthem. A -3. Roll Call There were present: Pat Porter, Mayor Terry Bookey Mike Boyle Brian Gabriel Ryan Marquis, Vice -Mayor Robert Molloy Tim Navarre 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 -4. Agenda Approval Mayor Porter read the following revisions to the agenda: ADD TO: G -5: Discussion - Kenai Municipal Airport Tree Obstruction Removal Project • Correspondence submitted by Les & Susan Bradley 105 KENAI CITY COUNCIL MEETING March 7, 2012 . Page 2 of 14 MOTION: Council Member Gabriel MOVED to approve the agenda as amended and requested UNANMIOUS CONSENT. Council Member Navarre SECONDED the motion. VOTE: There being no objections, SO ORDERED. A -5. 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. MOTION: Vice -Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Council Member Boyle requested Ordinance No. 2613 -12 be removed from the consent agenda. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. Mayor Porter recognized and welcomed Borough Assembly President Gary Knopp and City of Soldotna Council Member Kyle Fisher. A -6. Proclamation Presentation "Girl Scout Week, March 11 -17, 2012" Mayor Porter read into the record a proclamation honoring the Central Peninsula Girl Scouts and proclaiming March 11 -17, 2012, as "Girl Scout Week" in the City of Kenai. Additionally, Mayor Porter recognized Police Chief Gus Sandahl for his 10th Leap Year Birthday and read a proclamation on his behalf. Council took a brief recess to thank those in attendance supporting the Central Peninsula Girl Scouts. 106 KENAI CITY COUNCIL MEETING March 7, 2012 Page 3 of 14 ITEM B: None ITEM C: SCHEDULED PUBLIC COMMENTS UNSCHEDULED PUBLIC COMMENTS Joanna Hollier, 381 Senior Court, Kenai, of the Kenai Senior Connection spoke on behalf of the National March on Wheels Campaign and advised of the 3rd Annual March for Meals fundraiser being held on March 22, 2012 at the Kenai Senior Center. ITEM D: PUBLIC HEARINGS D -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. MOTION: Council Member Bookey MOVED to approve Ordinance No. 2609 -2012 and Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Bookey thanked administration and spoke in favor of Ordinance No. 2609 -2012. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. D -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. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -12 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. 107 KENAI CITY COUNCIL MEETING March 7, 2012 Page 4 of 14 Council Member Gabriel spoke in favor of Resolution No. 2012 -12. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. D -3. Resolution No. 2012 -13 - Authorizing a Budget Transfer of $18,714 into the General Fund for Building Department Repair and Maintenance. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -13 and requested UNANIMOUS CONSENT. Council Member Molloy 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. D -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. MOTION: Vice -Mayor Marquis MOVED to approve Resolution No. 2012 -14 and requested UNANIMOUS CONSENT. Council Member Bookey 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. D -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. MOTION: Council Member Gabriel MOVED to approve Resolution No. 2012 -15 and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. 108 KENAI CITY COUNCIL MEETING March 7,2012 Page 5 of 14 Mayor Porter opened the floor for public comment, there being none public comment was closed. Council Member Boyle advised of constituents not fond of the legislation and timing, however stated he would be supportive. Council Member Gabriel spoke in favor of Resolution No. 2012 -15. VOTE: There being no objections, SO ORDERED. D -6. Resolution No. 2012 -16 - Authorizing the Purchase of a Motorgrader from NC Machinery for the Total Amount of 5339,740. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -16 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. VOTE: There being no objections, SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of February 15, 2012 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS F -1. Action /Approval - Assignment of the Facility Management Agreement between the City of Kenai and the Kenai Convention and Visitors Bureau, Inc. MOTION: Council Member Navarre MOVED to approve Assignment of the Facility Management Agreement between the City of Kenai and the Kenai Convention and Visitors Bureau, Inc. and Council Member Gabriel SECONDED the motion. City Manager Koch recommended Council approve the Assignment of the Facility Management Agreement and advised amendments to further clarify certain areas will be drafted and provided to council within 45 days. 109 KENAI CITY COUNCIL MEETING March 7, 2012 Page 6 of 14 Mayor Porter opened the floor for public comment: Fred Braun, President of the Kenai Convention and Visitor Bureau, spoke in favor of Council approving the Assignment of the Facility Management Agreement and requested unanimous consent. Dr. David Wartinbee, Soldotna, spoke on the upcoming Wild Life Art Show to be held on June 1, 2012 at the Kenai Visitor's Center and recommended approval of the Assignment of the Facility Management Agreement. Jason Carroll, Kenai Chamber Board of Directors, spoke in favor of approval of the Assignment of the Facility Management Agreement. Council Member Navarre spoke in favor of approving the Assignment of the Facility Management Agreement; he and City Manager Koch further discussed the amendment approval process. Council Member Molloy thanked both organizations for their hard work on the agreement and spoke in favor of approving the Assignment of the Facility Management Agreement. Council Member Molloy recommended and encouraged administration to consider the following amendments: • KCCVC provide a quarterly activity report to the City Council regarding the scope of services and other activities and events at the facility, which report shall be presented in person to the Council by a KCCVC representative at a Council meeting. • KCCVC provide the City with a schedule of fees and suggested donations it will charge or request for events held at the Center, which schedule must be approved by the City Manager subject to change by the City Council. • KCCVC will not discriminate against any person or entity with regard to their request to use the facility for meetings or other gatherings on the basis of the other organization's mission statement or political views. • KCCVC will not utilize the facility for its weekly luncheons. Council Member Boyle expressed his concerns regarding the "new group" and process of the merger. Council Member Gabriel noted the majority of positive feedback provided at the work session conducted on February 15, 2012. Council Member Bookey spoke in favor of the Assignment of the Facility Management Agreement. 110 KENAI CITY COUNCIL MEETING March 7, 2012 Page 7 of 14 Mayor Porter spoke in favor of the Assignment of the Facility Management Agreement for the community and her membership with the Chamber of Commerce. Council Member Navarre noted his past presidency of the Chamber of Commerce and current membership. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: * Student Representative Daly: Yes MOTION PASSED UNANIMOUSLY. Council recessed from 7:58 p.m. until 8:08 p.m. Student Representative Daly departed the meeting during the recess. ITEM G: NEW BUSINESS G -1. Action /Approval - Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify payments of bills over $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. G -2. Action /Approval - Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. City Manager Koch provided an update on the water treatment facility and production well. VOTE: There being no objections, SO ORDERED. 111 KENAI CITY COUNCIL MEETING March 7, 2012 Page 8 of 14 G -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 Owned by the City. Mayor Porter noted a Representative of Beacon Occupational Health and Safety Services, Bob Lee, was in the audience to participate in discussion or questions if needed. MOTION: Council Member Molloy MOVED to approve the 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 Owned by the City. Council Member Bookey SECONDED the motion. VOTE: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter MOTION PASSED UNANIMOUSLY. G -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 Govemment Purposes of an Approximately 9,754 Square Foot Public Use Roadway Located Within the Northwest /. Northwest 1/4 of Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska. MOTION: Council Member Gabriel MOVED to approve the 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. Council Member Molloy SECONDED the motion. VOTE: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter MOTION PASSED UNANIMOUSLY. 112 KENAI CITY COUNCIL MEETING March 7, 2012 Page 9 of 14 G -5. Discussion - Kenai Municipal Airport Tree Obstruction. Removal Project. Council Member Molloy advised the work session conducted on February 21, 2012 provided a lot of information and public participation which presented the idea and support of displacement of the runway as a better long term solution. Correspondence provided to Council as a lay -down submitted by Les and Susan Bradley pertaining to such was noted. Council and administration discussed displacement of the runway as an alternative option to tree removal and City Manager Koch advised that option, along with other options, were eliminated initially as administration determined they were not feasible for the City due to significant cost. The following discussion topics ensued: • Project budget • Departure surface • Safety departure areas • Reforestation • Retaining a Landscape Engineer ® Engineering funding • FAA Regulations G -6. *Approval of Liquor License Renewals o American Legion Post #20 o Fraternal Order of Eagles #3525 e Pizza Hut Approved by consent agenda. G -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. Introduced by consent agenda; public hearing scheduled on March 21, 2012. G -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 Pe nits 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. Introduced by consent agenda; public hearing scheduled on March 21, 2012. G -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) 113 KENAI CITY COUNCIL MEETING March 7, 2012 Page 10 of 19 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. Introduced by consent agenda; public hearing scheduled on March 21, 2012. G -10. Ordinance No. 2613 -2012 - Amending Kenai Municipal Code Section 1.25.020, "Duties," to Include the City Clerk as Parliamentarian to the City. MOTION: Council Member Molloy MOVED to introduce Ordinance No. 2613 -2012 and Council Member Bookey SECONDED the motion. Council Member Molloy spoke in opposition of Ordinance No. 2613 -2012 and requested the City Clerk and City Attorney collaboratively research and provide the following information: 1) how parliamentary advice is provided to the governing body in other home rule municipalities that have both a City Clerk and City Attorney and their specific roles pertaining to such 2) outline adopted method or practices in which parliamentary advisor is established within the home rule researched municipalities. Council Member Navarre spoke in favor of Ordinance No. 2613 -2012 and support of postponement if necessary for more information. Council Member Boyle spoke in opposition of Ordinance No. 2613 -2012. Vice -Mayor Marquis expressed neither opposition nor favor as to whom, whether the Clerk or Attorney, provide parliamentary advise to the council, however, spoke in favor of legislation defining clear direction on establishing the parliamentary advisor to eliminate confusion. VOTE: YEA: Bookey, Gabriel, Marquis, Navarre, Porter NAY: Boyle, Molloy MOTION PASSED. G -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, 11th Edition, as the Rules of Parliamentary Procedure for the City Council and for City Boards, Commissions, and Committees. Introduced by consent agenda; public hearing scheduled on March 21, 2012. 114 ICENAI CITY COUNCIL MEETING March 7, 2012 Page 11 of 14 G -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. Introduced by consent agenda; public hearing scheduled on March 21, 2012. G -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. Introduced by consent agenda; public hearing scheduled on March 21, 2012. G -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. Introduced by consent agenda; public hearing scheduled on March 21, 2012. G -15. *Ordinance No. 2618 -2012 - Increasing Estimated Revenues and Appropriations by SS31,000 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. Introduced by consent agenda; public hearing scheduled on March 21, 2012. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging - Vice -Mayor Marquis advised the next meeting is scheduled on Thursday, April 12th. 1-1-2. Airport Commission - Council Member Gabriel advised the March 8th meeting was cancelled; next meeting scheduled on Thursday, April 12th. II -3. Harbor Commission - Council Member Molloy noted the next meeting is scheduled on March 12, 2012. H -4. Library Commission - Council Member Boyle advised the following was discussed at the March 7, 2012: • Volunteer Appreciation Dinner, April 20, 2012; RSVP by April 13th • Library Code of Conduct approved with minor changes • Fiscal budget discussion • Approval of Non Residence Borrowers Cards was tabled • Discussion of new light fixtures and roof leaks • Director's travel /conferences 115 KENAI CITY COUNCIL MEETING March 7, 2012 Page 12 of 14 11-5. Parks and Recreation Commission - Council Member Bookey had nothing to report. 11-6. Planning and Zoning Commission - Council Member Navarre advised the commission discussed the following at the February 22, 2012 meeting: • Work Session - Comprehensive Plan Review • Approval of PZ12 -03, PZ12 -04, PZ12 -05 Advised the next meeting is scheduled on March 14, 2012. H -7. Beautification Committee - Mayor advised the committee discussed the following at the February 28, 2012 meeting: • Blue Star Memorial Park paths and flower bed designs ITEM I: REPORT OF THE MAYOR Mayor Porter reported on the following: • Attended "Job Shadow Day" • Welcome letter for American Legion • Participated in orientation for newly appointed P &Z commission member • Skype interview with Swedish Journalist ITEM J: ADMINISTRATION REPORTS J -1. City Manager reported on the following: • FY2013 Budget preparations • Juneau legislation • Commended employees for snow removal on community streets and airport runway • Driveway snow berms J -2. City Attorney reported on the following: • Shekinah Edmunds oral argument scheduled on March 22, 2012 in Anchorage • CINGSA oral argument to be rescheduled • Out of office March 8 & 9, presenting on OMA & parliamentary procedure in Wrangell, AK • Thanked Jack Schmidt & Tony Prior for accompanying to vehicle in evenings • Status on Rohner's house J -3. City Clerk reported on the following: 116 KENAI CITY COUNCIL MEETING March 7, 2012 Page 13 of 14 • Reminder of Financial Disclosure Statement submission. deadline of April 13, 2012. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments There were no citizens in attendance wishing to speak. K -2. Council Comments Council Member Navarre wished Police Chief Gus Sandahl a happy 100, birthday. Council Member Gabriel congratulated the Girl Scouts on their 100 year anniversary and thanked Council and Mayor for support of Resolution 2012 -15. Council Member Bookey noted his continued participation in the Pie Fundraiser and advised the National Fire Protection Association (NFPA) requested he attend and present at the National Residential Sprinkler Summit in Chicago, IL, on April 2 & 3, 2012. Vice -Mayor Marquis thanked Olivia Brewer for singing the National Anthem and noted the beauty of Alaska during his recent drive from Anchorage to Kenai while returning from vacation. Council Member Molloy congratulated the Girl Scouts on 100 year anniversary; concurred with Grant Aviation and Era Aviation on letters thanking the City's airport for this season's snow removal efforts and commended Airport Director Bondurant. Council Member Boyle expressed gratitude to City employees for snow removal efforts this winter. ITEM L: EXECUTIVE SESSION - None ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) M -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 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. 117 KENAI CITY COUNCIL MEETING March 7, 2012 Page 14 of 14 (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: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 9:03 p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk *The student representative may cast advisory votes 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. 118 PAYMENTS OVER $15,000MO /I1ICH NEEO COUNCIL RATIFICATION CQUNCIL MEETING OF: MARCH 21.2V12 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT AETNA !HEALTH INSURANCE VARIOUS HEALTH INSURANCE 107,617.13 }CN\A4V1 PLAN |CMA401 PLAN VARIOUS LIABILITY 18.2954J ICMA 457 PLAN |CMA457PLAN VARIOUS LIABILITY 25,366 75 PERS FEBRUARY PERS VARIOUS LIABILITY 17O,|3824 ALASKA OIL SAL LS FEBRUARY FUEL VARIOUS OPERATING SUPPLIES 26.172 68 lNVESTN1ENTS --- ------�-- --- - r -- VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect THIS PAGE IS INTENTIONALLY LEFT BLANK 120 PURCHASE ORDERS OVER $15,000MO WHJCFJ F'JEED COUNCIL APPROVAL COUNCIL MEETING OF: MARCH 21, 2012 VENDOR DESCRIPTION DEPT. PLAYGROUND, PARKING K CASEY PLANNING &DESIGN SAFETY IMPROVEMENTS MUNICIFAL PARK IMPS. � N) INCREASE OF EXISTING PURCHASE ORDER -- VENDOR DESCRIPTION ACCOUNT AMOUNT PROFESSIONAL SERVICES 27,020 00 P.O. - DEPT. REASON AMOUNT TAL PO AMT THIS PAGE I5 INTENTIONALLY LEFT BLANK 122 \the L#Of KEN A KA MF:Mo: 'Village with a Past, Ci y with a Fictpere" 210 Fidalgo Avenue. Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Rick Koch, City Manager FROM: Christine Cunningham, Assistant to the City Manager `%'t" DATE: March 15, 2012 SUBJECT: Assignment of Lease of Dock Facility and Adjoining Lands — A portion of Government Lot 10 and a portion of Lots 2 and 4 of Amended U.S. Survey 4563 Salamatof Seafoods, Inc. has requested an assignment of its lease for the above referenced property to Salamatof Fisheries, LLC. The purpose for which the lease is issued is for a dock facility for use by Lessee and bona fide public users, and includes marine fueling facilities, ice facilities, fishing and marine gear supply outlets and fish processing. A change of use under the lease is not being requested. The lease states the lessee must have the written consent of the Council of the City of Kenai for any assignment as well as the prior approval of the Bureau of Land Management (BLM). Under the terms of the City's patent to Lot 10 and as required under the Recreation & Public Purposes Act, the consent of the BLM is required for any assignment. The attached Consent to Assignment includes language that states that the Consent will not be effective until approval or non - objection to assignment is obtained from the BLM. Pursuant to KMC 11.10.010(a),(3), the Harbor Commission reviewed the assignment at its March 12 Meeting and recommended approval. Both parties are in compliance with the City and the Kenai Peninsula Borough and the City Attorney has reviewed the attached documents and has no objection to the form. If Council approves the assignment, once the City received the approval or non - objection of the BLM, the Consent to Assignment and Assignment of Lease can be executed. cc: Salamatof Seafoods, Inc. Attachments 123 Salamatof Seafoods - Lease Area 124 March 6, 2012 KENAI, ALASKA "Village with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 I'llll 1992 MEMO ., .\ DUM TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director t / DATE: March 13, 2012 SUBJECT: Harbor Commission recommendation of approval of Assignment of Lease Rick, The memo dated March 6, 2012 from you to the Harbor Commission regarding the proposed assignment of Salamatof Seafoods, Inc. to Salamatof Fisheries, LLC was included on the March 12, 2012 Harbor Commission agenda. The Commission took action and agreed by unanimous consent on a motion to the City Council to recommend approval of the assignment. "Village with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 [ Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I ((l i,l 1992 MEMO: TO: Harbor Commission FROM: Rick Koch DATE: March 6, 2012 SUBJECT: Commission Recommendation to City Council Assignment of Lease from Salamatof Seafoods, Inc. to Salamatof Fisheries, LLC The purpose of this memorandum is to request that the Harbor Commission recommend approval of the above referenced lease assignment to the Kenai City Council. Assignment of this lease will provide for the continuing operation of the Salamatof Seafoods plant which provides significant local employment opportunities, fish tax to the City, property tax revenues, and lease revenues. I will attend your meeting of March 12th to answer any questions. Thank you for your attention in this matter. 126 CONSENT TO ASSIGNMENT The City of Kenai, Lessor under that certain lease recorded March 15, 1978, at Book 129, Pages 6 — 25, Kenai Recording District and thereafter amended on four occasions (collectively, the Lease), hereby consents to the assignment of the Lease from Salamatof Seafoods, Inc., whose address is address is P.O. Box 145, Kenai, Alaska 99611 (Assignor), to Salamatof Fisheries, LLC, whose address is 801 S. Fidalgo Street, Suite 100, Seattle, Washington 98108 (Assignee) under the terms and conditions stated in that Assignment to Lease dated , 2012 between Assignor and Assignee. The Lease covers property located in the City of Kenai which property is more particularly described in the Fourth Amendment to Lease. A description of the lands subject to the Lease is attached at Exhibit A to this Consent to Assignment. Lessor's consent to assignment shall not be deemed to change the scope or extent of any rights or obligations under the Lease. This Consent is given by the City of Kenai without waiving any right or action or releasing the Assignor from any liability or responsibility under the Lease. Notwithstanding the foregoing, the City of Kenai is not presently aware of any breaches of the Lease by Assignor. The City of Kenai's consent shall not be deemed to be a consent to any further or subsequent sublease or assignment of the Lease. This consent shall not be effective until approval or non- objection) to assignment is obtained from the U.S. Department of the Interior, Bureau of Land Management, as required under the Recreation & Public Purposes Act and the reverter clause contained in the City's patent to the real property subject to the Lease. Dated this day of , 2012. CITY OF KENAI By: Rick R. Koch City Manager Consent to Assignment of Lease Page 1 of 2 127 STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of , 2012, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: Approved as to form: Krista S. Stearns City Attorney L:AAgreements\ Leases\ SALAMATOFSEAFOODS, INC\ Salamantof .Consent.Assign.031512 Consent to Assignment of Lease Page 2 of 2 128 CONSENT TO LEASEHOLD SECURITY INTEREST The City of Kenai. Lessor under that certain lease recorded March 15, 1978, at Book 129, Pages 6 — 25, Kenai Recording District and thereafter amended on four occasions (collectively, the Lease), hereby consents to the grant of a security interest in the Lessee's interest in the Lease by the Lessee, Salamatof Fisheries, LLC, whose address is 801 S. Fidalgo Street, Suite 100, Seattle, Washington 98108 (Lessee) to its Lender, Aero Trading Co., Ltd. (Lender) to secure Lessee's obligations to Lender. The Lease covers property located in the City of Kenai which property is more particularly described in the Fourth Amendment to Lease. A description of the lands subject to the Lease is attached at Exhibit A to this Consent to Assignment. Lessor's consent to the grant of a security interest in the Lessee's interest in the Lease as set forth above shall not he deemed to change the scope or extent of any rights or obligations under the Lease. This Consent is given by the City of Kenai without waiving any right or action or releasing the Lessee from any liability or responsibility under the Lease. The City of Kenai's consent shall not be deemed to be a consent to any further or subsequent grant of a security interest in Lessee's interest in the Lease. This Consent to Assignment shall be construed and enforced under the laws of the State of Alaska. Any action seeking to construe or enforce this Consent to Assignment shall be before the superior court for the State of Alaska for the third Judicial District at Kenai. Dated this day of , 2012. CITY OF KENAI By: Rick R. Koch City Manager Consent to Assignment of Lease Page 1 of 2 129 STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2012, by Rick Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: Approved as to form: Krista S. Stearns City Attorney L: \Agreements \ — Leases \SALA MATOFS EAFOODS, INC \SalamantofConsentLease DOT031512 Consent to Assignment of Lease Page 2 of 2 130 ASSIGNMENT OF LEASE This ASSIGNMENT AND ASSUMPTION OF LEASE (this "Assignment "), is entered into as of , 2012, by and among Salamatof Seafoods, Inc., an Alaska corporation ( "Assignor "), whose address is P. 0. Box 145, Kenai, AK 99611 and Salarnatof Fisheries, LLC, an Alaska limited liability company ("Assignee "), whose address is 801 South Fidalgo Street, Suite 100, Seattle, WA 98108. Assignor, as "Tenant," and the City of Kenai as "Landlord," are parties to that lease dated March 15, 1978 which lease was recorded at Book 129 Page 6 -25, in the records of the Kenai Recording District, Third Judicial District, State of Alaska, and the four amendments to the same (the "Lease "), presently covering certain property in Kenai, Alaska more particularly described in the Fourth Amendment to the Lease, a copy of which description is attached hereto as Exhibit A (the "Property "); and WHEREAS, Assignor, as "Seller," and Assignee, as "Buyer," are parties to an Asset Purchase Agreement dated 2012, (the "Asset Purchase Agreement "), pursuant to which, subject to the terms and conditions set forth therein, Assignee will purchase substantially all of the assets of Assignor, including all of Assignor's right, title and interest in, and liabilities under and to the Lease; and NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and adequacy of which are expressly acknowledged, the Parties agree as follows: 1. Effective Date. For all purposes under this Agreement, the term "Effective Date" shall mean that date, if any, on which the closing of the transactions contemplated by the Asset Purchase Agreement is consummated. 2. Assignment and Assumption. (a) Effective as of the Effective Date, Assignor hereby assigns, transfers, and sets over unto Assignee (i) all of Assignor's right, title, and interest in the leasehold estate subject to all of the terms and conditions contained in the Lease; (ii) all of its obligations now existing or to arise under the Lease, and (iii) any aggregate security deposit heretofore made by Assignor pursuant to the Lease. Assignor will deliver possession of the Premises to Assignee on the Effective Date. Assignment and Assumption of Lease Page 1 of 3 131 (b) Assignee hereby accepts the foregoing assignment and hereby agrees to comply fully with all of the terms and all obligations of the Lease including previously existing terms and obligations as well as those arising or accruing on or after the Effective Date. Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee under the Lease and to pay all outstanding liabilities and obligations which may be due and owing, or may have been due and owing, prior to the Effective Date of this Assignment of Lease. 3. Miscellaneous. (a) Headings. The section headings used herein are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. (b) Governing Law. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. If any such dispute results in a lawsuit, the parties will bring the lawsuit before the courts of the State of Alaska in the Third Judicial District at Kenai. (c) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. ASSIGNOR: Salamatof Seafoods, Inc By: Name: Title: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) On this day of March 2012, before me, personally appeared (Name) (Title) of Salamatof Seafoods, Inc. being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing Assignment on behalf of Salamatof Seafoods, Inc. Assignment and Assumption of Lease Page 2 of 3 132 ASSIGNEE: Salamatof Fisheries. LLC By: Name: Title: Notary Public for Alaska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT On this day of March (Name) known to me or having produced and acknowledged the voluntary behalf of the Company. ) ss. 2012, before me, personally appeared (Title) of Salamatof Fisheries, LLC. being personally satisfactory evidence of identification, appeared before me and authorized execution of the foregoing Assignment on Notary Public for Alaska My Commission Expires: RECORD IN THE KENAI RECORDING DISTRICT AND RETURN TO: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 G:A5625A26198Vdoes\revised Assignment and Assumption of Lease 2- 29- 12.doo LVAgreements \— LeasesVSALAMATOF SEAFOODS, INCA SalamatofAssigrnnentLease031512 Assignment and Assumption of Lease Page 3 of 3 133 THIS PAGE I5 INTENTIONALLY LEFT BLANK 134 tic ciy of KENAIALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2619 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE STREETS, WATER, AND SEWER CAPITAL PROJECT FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CITY SHOP CAPITAL PROJECT FUND FOR THE SCHEMATIC DESIGN OF A NEW CITY SHOP UTILIZING GRANT FUNDS FROM THE STATE OF ALASKA FOR THE PROJECT. WHEREAS, the City received a grant in the amount of $1,000,000 from the State of Alaska for public improvement; and, WHEREAS, the funds were initially appropriated in the Streets, Water, and Sewer Capital Project Fund but these grant funds may be used for any public improvement project; and, WHEREAS, as of February 29, 2012, $491,680.25 of the original grant funds remained unspent; and, WHEREAS, the finance department believes accounting for the City Shop Project will be better accomplished in a separate fund; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased and decreased as follows: Streets, Water & Sewer Capital Project Fund Decrease Estimated Revenues: State Grant Decrease Estimated Expenditures Construction City Shop Capital Project Fund Increase Estimate Revenues: State Grant $129,119.28 129,119.28 129,119.28 Increase Appropriations: Construction $129,119.28 New Text Underlined; (DELETED TEXT BRACKETED 135 Ordinance No. 2619 -2010 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of April, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: March 21, 2012 Adopted: April 4, 2012 Effective: April 4, 2012 New Text Underlined [DELETED TEXT BRACKETED] 136 \ttieciyo / KEN AI, ALASKA "Village with a Past, C# with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager 11 From: Terry Eubank, Finance Director Date: March 15, 2012 Re: Ordinance 2619 -2012 The purpose of this memo is to provide support for Ordinance 2619-2012 which if passed will transfer the appropriation of state grant funds from the Streets, Water & Sewer Capital Project Fund to the City Shop Capital Project Fund. In FY2009 the City received a 51,000,000 grant from the State of Alaska for public improvements. The grant was originally appropriated for street, water and sewer projects. As part of the FY2012 budget process these grant funds were identified as a source of funding design services for the new City shop. This Ordinance simply moves the funds for the shop design into its own fund where it can be better tracked and accounted for. 137 THIS PAGE I5 INTENTIONALLY LEFT BLANK 138 Mc city of KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2620 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S2,000.64 IN THE GENERAL FUND FOR GRANT FUNDS TO PROVIDE POLICE TRAINING TO PREVENT INTERNET CRIMES AGAINST CHILDREN (ICAC). WHEREAS, the Kenai Police Department is an active member in good standing with the Federal Internet Crimes Against Children (ICAC) task force; and WHEREAS, in late February of 2012 a Kenai Police Department sergeant traveled to Houston, TX to attend forensic computer training; and, WHEREAS the [CAC regional director approved reimbursing the Kenai Police Department for training costs (52,000.64) upon completion of the training; and, WHEREAS, the cost of this training was not included in the FY12 Police - Transportation budget, and officers need to attend additional training for the remaining half of the FY12 budget year; and, WHEREAS, the Police Department is requesting appropriation of $2,000.64 to the General. Fund, Police Transportation account to cover the costs of the training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Police - Federal Grants $2,000.64 Increase Appropriations: Police - Transportation $2,000.64 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of April 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: March 21, 2012 Adopted: April 4, 2012 Effective: April 4, 2012 New Text Underlined; !DELETED TEXT BRACKETED 139 the uyaf KEN \N/ SKA "Village with a Past, Gi:'% with a Future" u,umx.on 11111' 992 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO. TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 3/14/12 SUBJECT: Request Ordinance 2620 -2012 appropriating anticipated reimbursement funds from Internet Crimes Against Children (ICAC) For several years the Kenai Police Department has been a member of the Internet Crimes Against Children (ICAC). 'CAC is a network of law enforcement agencies who investigate internet crimes against children. Participating agencies also provide awareness and prevention education in the community. For several years, the ICAC regional coordinator has received federal funding to disperse to participating law enforcement agencies for ICAC training programs. The ICAC regional coordinator in Anchorage has agreed to reimburse the Kenai Police Department for forensic computer training that a sergeant attended in Houston, TX in late February of 2012. The tuition and travel costs of this unbudgeted training totaled $2,000.64. The costs of this training resulted in a significant depletion of the training budget, and officers still need to attend additional training for the remaining half of FY12. I am requesting an ordinance appropriating $2,000.64 into the General Fund - Police Transportation account. 140 K NAL ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2621 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,155.98 IN THE GENERAL FUND FOR THE POLICE DEPARTMENT TO PURCHASE EQUIPMENT UTILIZING ASSET FORFEITURE FUNDS PROVIDED TO THE CITY OF KENAI. WHEREAS, the Kenai Police Department works cooperatively with the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement ( ABADE) in statewide drug enforcement efforts that directly impact the City of Kenai; and, WHEREAS, in January 2012, the Kenai Police Department received $2,155.98 in asset forfeiture funds from the State of Alaska ABADE unit; and, WHEREAS, acceptance of the funds obligates the City to expend the funds for law enforcement purposes only; and, WHEREAS, to meet its obligation, the Police Department intends to purchase law enforcement training equipment. 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: Forfeiture $2,155.98 Increase Appropriations: Police - Small Tools $2,155.98 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of April, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 7 PAT PORTER, MAYOR Introduced: March 21, 2012 Adopted: April 4, 2012 Effective: April 4, 2012 New Text Underlined; DELETED TEXT BRACKETED 141 Me u"./ of KENAAI,vim SKA 11147 /aye with a Past, Gc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tllllf 1992 TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 3/14/12 SUBJECT: Request Ordinance 2621 -2012 appropriating drug seizure funds. In January 2012, the Alaska State Troopers, Alaska Bureau of Alcohol and Drug Enforcement (ABADE) made an Equitable Sharing payment in the amount of $2,155.98 to the Kenai Police Department. These funds were related to asset forfeitures from two 2011 drug investigations. Per the U.S. Department of Justice Equitable Sharing Guide, equitable sharing funds used by law enforcement shall be used for law enforcement purposes only. Permissible uses of the funds include, but are not limited to, law enforcement investigations, training, and equipment. We are permitted to purchase equipment which is used by law enforcement personnel that supports law enforcement activities. I am requesting an ordinance to appropriate these funds to the General Fund, Police - Small Tools to help pay for police training equipment. 142 ITEM 1: PENDING APPROVAL KENAI HARBOR COMMISSION MEETING MARCH 12, 2012 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR PRO TEMPORE BARRY ELDRIDGE, PRESIDING MEETING SUMMARY CALL TO ORDER & ROLL CALL Chair Pro Tempore Eldridge called the meeting to order at approximately 7:20 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorum was present. ITEM 2: B. Eldridge, W. Nelson, V. Askin, R. Peters P. Morin (excused), T. Thompson (excused), B. Osborn Public Works Director S. Wedemeyer, Council Member R. Molloy AGENDA APPROVAL Eldridge requested the addition of draft Resolution No. 2012 - ** to the agenda. MOTION: Commissioner Askin MOVED to approve the agenda as amended and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: MOTION: ELECTION OF CHAIR AND VICE CHAIR Commissioner Nelson MOVED to nominate Phil Morin as Chair. There were no objections. SO ORDERED. MOTION: Commissioner Nelson MOVED to nominate Bill Osborn as Vice Chair There were no objections. SO ORDERED. ITEM 4: MOTION: APPROVAL OF MEETING SUMMARY -- October 10, 2011 Commissioner Eldridge MOVED to approve the meeting summary of October 10, 2011 and Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: ITEM 6: PERSONS SCHEDULED TO BE HEARD -- None. OLD BUSINESS -- None. 143 ITEM 7: NEW BUSINESS 7 -a. Discussion -- Senior Discounts at the Boat Launch Ramp City Manager Koch provided a copy of a draft resolution to include a senior discount for boat launch and parking fees at the City Dock. Council Member Gabriel spoke in support of the resolution. MOTION: Commissioner Askin MOVED to recommend approval of the resolution to Council after amending the dates in the fee schedule. Commissioner Nelson SECONDED the motion. There were no objections. SO ORDERED. 7 -b. Discussion -- Status Report on the Meeks Crossing Bridge Public Works Director Wedemeyer gave a status report on the Meeks Crossing Bridge. Mayor Porter reported she wanted to invite the Meeks family to attend the rededication of the bridge this coming summer. Koch reported the Youth Restoration Corp worked on the trail last summer and noted Kelly Wolf was instrumental in obtaining the bridge. 7 -c. Discussion -- In -state Gas Line with Terminus to Nikiski Eldridge suggested the Commission express support of the In -state Gas Line Terminus being in Nikiski. General discussion followed. Eldridge requested the issue be on future agendas. 7 -d. Discussion /Recommendation -- Assignment of Lease from Salamatof Seafoods, Inc. to Salamatof Fisheries, LLC Koch reported the lease was assignable and requested the Commission recommend this action to Council. MOTION: Commissioner Nelson MOVED to recommend Council approve the assignment of lease and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: REPORTS 8 -a. Director -- Wedemeyer reported on the Copper River Seafoods lease, HARBOR COMMISSION MEETING MARCH 12, 2012 PAGE 2 144 dock repair, fee shack, jersey barriers and traffic delineator purchases. 8 -b. City Council Liaison -- Council Member Molloy reported on the Visitors Center /Chamber merger, Tree obstruction removal at the airport, upcoming budget work sessions and the volunteer appreciation dinner on April 20, 2012. ITEM 9: NEXT MEETING ATTENDANCE NOTIFICATION 9 -a. April 9, 2012 Commissioner Peters requested an excused absence for the April 9, 2012 meeting. ITEM 10: COMMISSIONER COMMENTS /QUESTIONS Commissioner Eldridge welcomed Council Member Molloy as the new liaison to the Commission. ITEM 11: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 12: INFORMATION 12 -a. Imagine Kenai 2030 -- Kenai Comprehensive Plan Update ITEM 13: ADJOURNMENT MOTION: Commissioner Nelson MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:30 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk 145 HARBOR COMMISSION MEETING MARCH 12, 2012 PAGE 3 THIS PAGE I5 INTENTIONALLY LEFT BLANK 146 PENDING APPROVAL KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS MARCH 6, 2012 7:00 P.M. CHAIR ROBERT PETERS, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Peters called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: Chair R. Peters, E. Bryson, H. Curtis, K. East K. Evans, C. Brenckle Library Director M. Joiner, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL Peters requested adding Mayor Porter to Persons Scheduled to be Heard. MOTION: Commissioner Bryson MOVED to approve the agenda as amended and Commissioner East SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY - January 3, 2012 MOTION: Commissioner East MOVED to approve the meeting summary of January 3, 2012 and Commissioner Curtis SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Pat Porter, Mayor -- invited the commissioners to an appreciation dinner thanking them for their service to the city, noting the City Council appreciated their efforts. East thanked the Mayor for her support. ITEM 5: OLD BUSINESS 5 -a. Discussion -- Code of Conduct Joiner reminded the commission the policy had been passed by them in June 2010 and had been in the City Attorney's office for work. General discussion occurred. It was suggested switching bullets one and two. 147 MOTION: Commissioner Bryson MOVED to approve the Code of Conduct with the noted change and Commissioner East SECONDED the motion. There were no objections. SO ORDERED. 5 -b. Discussion -- Meeting Room Code of Conduct Joiner noted the meeting room code of conduct was similar to what had been approved in the past. MOTION: Commissioner Bryson MOVED to approve the draft meeting room code of conduct and Commissioner Curtis SECONDED the motion. There were no objections. SO ORDERED. 5 -c. Discussion -- FY2013 Budget Joiner reported on the changes to the requested budget that were made by the City Manager and emphasized how easy it was to work with him. General discussion occurred. ITEM 6: NEW BUSINESS 6 -a. Discussion -- Non - resident Borrowers Card Joiner noted the library currently restricted non - residents to four items per checkout. General discussion occurred. MOTION: Commissioner Bryson MOVED to eliminate the non - resident card and have only one card. Commissioner East SECONDED the motion. MOTION TO TABLE: Commissioner Bryson MOVED to table discussion and Commissioner East SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7 -a. Director -- Joiner reported on the leaks in the new section of the building, noting building maintenance and Blazy Construction had been onsite working on the issue. Joiner reported she would be attending the Public Library Association conference next week. LIBRARY COMMISSION MEETING MARCH 6, 2012 PAGE 2 148 7 -b. City Council Liaison -- Council Member Boyle noted there had been no library issues on. recent Council agendas. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. April 3, 2012 Commissioner Peters requested an excused absence from the April 3, 2012 meeting. ITEM 9: COMMISSION COMMENTS /QUESTIONS East noted her appreciation for the library staff. Bryson noted she believed the library to be appreciated by the community. Curtis asked about the library website. Peters noted concern for the student representative who had not attended regularly. ITEM 10: ITEM 11: 11 -a. 11 -b. 11 -c. ITEM 12: MOTION: PERSONS NOT SCHEDULED TO BE HEARD -- None. INFORMATION Friends of the Library Board Meeting Minutes -- January 31, 2012. Alaska Library Association Conference Report Imagine Kenai 2030 -- Kenai Comprehensive Plan Update ADJOURNMENT Commissioner East MOVED to adjourn and Commissioner Curtis SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the commission, the meeting was adjounaed at approximately 8:12 p.m. Meeting summary prepared and submitted by: Corene Hall, CIvIC, Deputy City Clerk 149 LIBRARY COMMISSION MEETING MARCH 6, 2012 PAGE 3 THIS PAGE IS INTENTIONALLY LEFT BLANK 150 ITEM 1: PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION MARCH 14, 2012 7:00 P.M. CITY COUNCIL CHAMBERS VICE CHAIR HENRY KNACKSTEDT, PRESIDING MINUTES CALL TO ORDER Vice Chair Knackstedt called the meeting to order at approximately 7:02 p.m. 1 -a. Pledge of Allegiance Vice Chair Knackstedt led those assembled in the Pledge of Alleg 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison. present: ce Vice Chair H. Knackstedt, K. Koester, K. Peterson, P. Bryson, J. Rowell C. Smith (excused), J. Twait (excused) City Planner M. Kebschull, Planning Assistant N. Carver, Mayor P. Porter, Deputy City Clerk C. Hall A quorum was present. 1 -c. Agenda Approval Commissioner Bryson read the following changes to the agenda: ADD TO: I -e. Excused Absences J. Twait and C. Smith REMOVE: 4 -a. PZ12 -07 MOTION: Commissioner Bryson MOVED to approve the agenda as amended and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Koester MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences • Clifford Smith 151 Jeff Twait Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- February 22, 2012 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ12 -07 - Baron Park Subdivision Replat 2012 (A Replat of Lots 1A -1 and 1A -2, Baron Park Subdivision No. 3). Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska. Removed from the agenda. 4 -b. MOTION: PZ12 -08 - R.M. Thompson Subdivision, 2012 Replat - A subdivision of R.M. Thompson Subdivision 2011 Replat (Plat #2012 -6 & Radar Subdivision Plat #K -106). Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska. Commissioner Bryson MOVED to approve PZ12 -08 with staff recommendations and Commissioner Peterson SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending approval with the following requirements: The owner must submit an application to amend the zoning to rezone the new parcel to General Commercial. There were no public or commissioner comments. VOTE: MOTION PASSED UNANIMOUSLY. 4 -c. PZ12- O1(Revised) - Preliminary Plat - Lot 1, Poore Subdivision (A resubdivision of Government Lots 6 & 7, located within the SW '/a S6, PLANNING AND ZONING COMMISSION MEETING MARCH 14, 2012 PAGE 2 152 T5N, R1OW Seward Meridian). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. Kebschull reviewed the staff report included in the packet, recommending approval with the following requirements: 1. Remove or amend Note 1. This property is located in the City of Kenai and subject to zoning restrictions for land use. 2. Remove or amend Note 2. This property is subject to setback restrictions for the City of Kenai Rural Residential zone which requires a front setback of 25 feet from all street rights -of -way. 3. Remove Note 6. This property is located in the City of Kenai and any road construction must meet City of Kenai development requirements. 4. Renumber remaining notes accordingly. MOTION: Commissioner Koester MOVED to approve PZ12 -01 with staff recommendations and Commissioner Bryson SECONDED the motion. There were no public or commissioner comments. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS -- None. ITEM 6: UNFINISHED BUSINESS -- None. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS 8 -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 (RS1), 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.) ITEM 9: REPORTS 9 -a. City Council -- Mayor Porter noted the action agenda for the March 7 City Council meeting was in the packet. PLANNING AND ZONING COMMISSION MEETING MARCH 14, 2012 PAGE 3 153 9 -b. Borough Planning -- Commissioner Bryson reviewed the February 27 and March 7 Borough Planning Commission meetings. 9 -c. Administration -- Kebschull reviewed the case study included in the packet regarding site visit procedures. Kebschull gave a status report on outdoor wood burning boilers and general discussion occurred. Kebschull reported she would draft a memo to Council through the City Manager that the Commission would not proceed with an ordinance. ITEM 10: PERSONS PRESENT NOT SCHEDULED Mayor Porter invited all commissioners to the Volunteer Appreciation Dinner ITEM 11: INFORMATION ITEMS 11 -a. Kenai River Center Permit Application - KRC #9027 - Pawluk - ELP Stairs & Ramp, 1312 Cunningham Dr., Kenai, Alaska. 11 -b. Gold Country Estates Preservation Group, Inc., an Alaska Nonprofit Corporation and William H Cramer, individually v. Fairbanks North. Star Borough - The Supreme Court of the State of Alaska Opinion No. 6651 - February 10, 2012. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. March 28, 2012 Commissioner Rowell requested an excused absence for the March 28 meeting. ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None. ITEM 14: ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:38 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MARCH 14, 2012 PAGE 4 154 ena i IVi araicipal Airpo March 2012 Airport Manager's Report Airport Improvement Program: Apron Rehabilitation: The closeout documents have been sent to the FAA for final. Master Plan — Chapters 1 & 3 with the inspection reports have been reviewed and are being amended. The draft Chapter 2, Aviation Activity Forecasts, is currently under review. At the completion of Airport review a draft document with Chapters 1, 2, & 3, will be reviewed by the Technical Advisory Committee for approval; after approval will be forwarded to the FAA for their approval. Obstruction Clearing EA - The final Environmental Assessment including all comments from the Public Information meetings was sent to the FAA on March 13, 2012 for approval and signature. Float Plane Basin EA & Design: The closeout documents are being prepared and when FAA grant funds become available the project will be bid. Winter Airport Operations: It has been a long grueling winter and hopefully we have seen the last of the snow and moose climbing snow piles to get on the airport. It should be noted that in the general aviation area, 30,000 yards of snow have been removed from the area and that amount still remains. The Northeast Chapter of the American Association of Airport Executives sponsors The Balchen /Post award which recognizes airports for outstanding achievements in airport snow and ice control. The purpose of the award is to promote better snow and ice control and to recognize those individuals responsible. An application was submitted on March 151 to recognize our efforts in Kenai. 12th Annual KPAF: Erica is diligently working on the air fair. We do not have a platinum sponsor for the t -shirt or a gold sponsor so if you know of anyone who might be interested in this opportunity please contact Erica at 283 -7951. She has secured very nice prizes for the poker run and we are expecting to have another successful event on June 9, 2012. 2012 -03 155 February 2012 70.79% ERA GRANT Change KENAI Combined Month AVIATION AVIATION Total 2011 from AVIATION Month Total 2011 January 5,436 2,179 7,615 6,782 833 171 7,786 February 5,308 2,190 7,498 6,698 800 158 7,656 March 7,193 April 6,609 May 6,971 June 7,659 July 10,676 August 10,402 September 7,896 October 8,142 November 7,517 December 7,465 Totals 10,744 4,369 15,113 94,010 1,633 329 15,442 Janua ry 2011 $14,623 2012 $16,674 27500 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 Terminal - Vehicle Parking Revenues Vehicle Parking Revenues Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun 156 ® FY11 se FY12 e ery of KENAI, ALASKA FINANCE DEPARTMENT MID -MONTH REPORT To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: March 15, 2012 Re: Monthly Report March 2012 The past month has been a busy one with much of the department's focus on the preparation of the FY2013 Budget. The Council will receive its first draft of the FY2013 budget with its April 4`h packet. There is much work to be done by all City departments over the next couple of months. The City will also be working on insurance renewal and its premium credit application for FY2013. As this year's snow season draws to a close the department will be working with other City departments on a budget revision to provide supplemental funding for overtime and supply accounts depleted by this year's workload and heavy snowfall. 157 the c,Ty of KE ALALASKA PUBLIC WORKS DIRECTOR CAPITAL PROJECTS MANAGER March 2012 REPORT TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager cni ini DATE: March 15, 2012 SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • Streets department clearing snow and sanding roads. The usual complaints regarding berms in driveways and snow removal /placement issues are being fielded. • AKOSH voluntary site inspections have been completed on January 10th &11th and February 2151 & 22nd Employer Report of Actions Taken has been completed for January inspection. February inspection report expected soon. Status of Projects: • New Maintenance Shop 35% Design — Professional Services Agreement with Wolf Architecture in review. ® Dock Pile Repair and Cathodic Protection — American Marine to begin work in April. ® Pedestrian Bridge — Substantially complete. Seeding and approaches to be completed in spring. • Courtney Dr. Sewer — closeout in progress. ® Sanitary Survey — Survey completed and delivered to DEC. ® Siemens Energy Audit — 95% Investment grade audit (IGA) scheduled to be completed by Siemens in March 2012. ® Leif Hansen Flower Beds — Awarded to B &B Landscape. Work to take place in June. ® James Street Paving — Design in review. • Fire Systems Testing, Inspection and Monitoring — Awarded to Taylor Fire Protection Services LLC. Inspection taking place week of March 12 -16. • KFD dispatch flooring — Completed. ® Rec Center Painting — Completed. • Kenai Industrial Park — Design in progress. 35% for review drawings received. 158 the nyvie KENAI. ALASKA ANIMAL CONTROL MID-MONTH REPORT 2012 2011 IMPOUNDED 56 66 Dogs 43 48 Cats 13 18 Other Species 0 0 RELEASED BY OWNER 41 45 Dogs 18 22 Cats 23 23 Other Species 0 0 D.O.A. 9 4 Dogs 7 2 Cats 2 0 Other Species 0 0 TOTAL ANIMALS 101 115 FEBRUARY 2012 ADOPTED Dogs Cats Other Species CLAIMED Dogs Cats Other Species EUTHANIZED Dogs Cats Other Species Other Disposition 2012 2011 56 60 36 33 20 27 0 0 20 13 17 13 3 0 0 0 21 38 8 24 13 14 0 0 0 0 Borough Animals Total Dogs Total Cats Total Other Species 28 42 Field Investigations 63 72 Volunteer hours 38 43 Total phone 0 0 Kennel Permits Community Involvement Projects: 64 38 167 121 455 499 3 1 2/29/2012 The Kenai Animal Shelter hosted two students for the Job Shadow program. 159 the c# of KENA \ ALASKA POLICE DEPARTMENT MID -MONTH REPORT February 2012 TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief .4 DATE: 3/14/12 SUBJECT: Police & Communications Department Activity — Month of February 2012 Police handled 611 calls for service (up from 509 in February 2011). The Communications Center received 199 emergency 9 -1 -1 calls (129 from cell phones). Communications personnel handled 3,333 administrative phone calls. Officers made 51 arrests and wrote 198 reports. Traffic enforcement resulted in 108 warnings, 17 speeding tickets, 6 seatbelt tickets, 9 citations for equipment violations, and 35 citations for "other" traffic violations. There were 9 DUI arrests (1 felony). Police investigated 13 vehicle crashes. One of the crashes involved a moose. One of the crashes was DUI - related. In the schools, SRO Prins taught an internet/cellphone safety class for parents at KMS, a Drugs 101 presentation at Kenaitze, a career life skills class at KMS, and facilitated job shadow for 2 students. He also handled several calls for service at various schools. On February 6, Sgt. Langham, Sgt. George, Sgt. McBride, Officer Harris, and Officer Ezell attended a social media for law enforcement class at the Kenai River Center. On February 7, Sgt. Langham received computer crimes training from Anchorage P.D. On February 8, Sgt. Langham stayed in Anchorage to attend Tracs user group training. Tracs is a computerized citation and crash reporting software. On February 8, SRO Prins attended DARE in- service in Anchorage. On February 27, Sgt. Langham attended a 5 -day, Internet Crimes Against Children course in Houston, TX. On February 27, Officer Cushman attended a Hostage Negotiation course in Nampa, ID. On February 29, Dispatcher Thibodeau attended the 3 -day APCO Western Regional Conference in Anchorage. 160 KENAI, ALASKA U "Village with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111, MEMO: TO: Rick. Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: March 14, 2012 SUBJECT: Comprehensive Plan Update Status The following provides an update on the Plan: 1992 • Background Report - The Planning and Zoning Commission are continuing to hold work sessions to review the draft background report. Meetings are being held in conjunction with regular meetings. • Implementation Plan — A day -long meeting has been scheduled for March 26t. This meeting will provide time for staff and the consultants to finalize a draft implementation plan. The implementation plan includes goals, objectives, and strategies for the implementing the Comprehensive Plan. The draft is being prepared for the Planning and Zoning Commission's review. The Commission will begin reviewing the implementation plan after they complete the review of the background report. • The Survey was published on March 1, 2012. During the initial publication, there were some glitches with the software; however, we believe the survey is now functioning correctly. At last count, approximately 40 surveys had been completed. A memo has been prepared for all the City's boards, commissions, and committees to encourage participation in the survey. That memo will be included in April meeting packets. • The first newsletter was published in February. The newsletter was sent to every property owner in the City of Kenai. • As of today, Deputy Clerk Hall has updated the City's web site with information on the Comprehensive Plan update. A link to the survey and newsletter, as well as information on all meetings and meetings results regarding the plan, are included on the City's web page. • Tentative discussions have been held with the consultants to begin planning the next community meeting. That meeting will be held when the Planning & Zoning Commission completes the review of the background report and implementation plan. • I am scheduled to speak with the Council on Aging at their May meeting to update them on the Plan. Arrangements will be made with Department Heads to meet with other boards and commissions. • Our consultant, Eileen Bechtol, will be meeting with Kenai Central High students after spring break. This meeting was delayed until the survey was finalized and approved by the School District. After a minor modification, approval has been received. 161 the cdyof KENAI, ALASKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: March 12, 2012 Total February Meal Count 2012 Served: Total Congregate Meals Served: 1,057 Total Home Meals Served: 1,760 Total February Meal Count 2011 Served: Total Congregate Meals Served: 1,108 Total Home Meals Served: 1.591 KENAI SENIOR CENTER MARCH REPORT During the month of February the senior center was rented six events this month. In February there was 875 volunteer hours served. On February 14, Valentine's Day, we held an evening dinner to take the place of lunch. There were 70 seniors that participated in the evening. The Forget -Me -Not Band played and everyone had a great time. A Kenai Central High government student performed her community service project at the senior center. She facilitated a fun evening of bingo. She advertised, collected donated prizes and called Bingo. There were 40 seniors that participated in the evening. March has been busy with getting ready for the annual "March for Meals" fundraiser on March 22 at 6p.m. There will be a dinner, pie auction, split the pot, balloon prizes, no host bar, and some outcry auction items. "Bull Don and the Moose Nuggets" will entertain during dinner and pie auction will start afterwards. We still have a few places for volunteers. Two seniors have made a quilt and tickets are selling for $5.00 each or 5 for $20. The drawing will be held on the 22od of March. Every Friday in February was a "Waffle Breakfast." 80 seniors participated over the course of the month. Two senior volunteers cooked and served the waffles. 162 the cfyaf KENAI, ALASKA PARKS & RECREATION MID -MONTH REPORT MARCH 2012 The department had a total of 91.50 hours booked at the ConocoPhillips /City of Kenai MPF for the month of February. This compares to 79.50 during this same time last season. The skating season at this facility comes to an end March 15th. I suspect that this will cause the Daubenspeck Family Park ice skating pond to see a lot of increased usage. A total of 33.75 hours was logged performing maintenance to the Daubenspeck Family Park pond. This included snow removal, sweeping, and hot mopping. The department also logged a total of 45.50 hours performing snow removal on the City Hall, Library, and Kenai Convention and Cultural Center. Another 75 hours have been logged maintaining the Kenai Nordic Trails. Our new Parks & Recreation Operator started his service with the department on March 5t'. His name is Chris Pearson. His first couple weeks mostly comprised of health & safety training along with some practical field and miscellaneous training. A KCHS student will be constructing two more wooden benches for the department. This is part of his government class requirements. He hopes to have the benches placed either at Daubenspeck Park during the winter months and possibly at the Kenai Eagle Disc Golf Course during the summer months. The director has been compiling information and working toward implementing a trail construction crew for the upcoming summer, along with completing other necessary procurements as we roll into a new season. The department has received a total of 48 applications for our temporary work positions this summer and these are currently being reviewed. Interviews will begin next week.. Chris Konig, Parks & Recreation Operator, will be attending a playground certification seminar in Fairbanks, Alaska the first part of May. Staff will also be attending a pesticide certification class in April. The Recreation Center painting project has been completed. THIS PAGE I5 INTENTIONALLY LEFT BLANK 164 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: MARCH 21, 2012 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT KACHEMAK ELECTRIC FLUORESCENT RECESS FIXTURES TRAINING FACILITY REPAIR & MAINTENANCE 3,555.00 PROMISE LAND PLUMBING FURNISH /INSTALL COIL TERMINAL REPAIR & MAINTENANCE 3,400.00 THIS PAGE I5 INTENTIONALLY LEFT BLANK 166 Sandra Modigh Subject: FW: comments on the proposed rezone of Angier Drive from Rural Residential to Recreation Date: Tue, 13 Mar 2012 13:36:34 -0800 From: reseconealaska.net To: kenaimavor10@msn.com Subject: Re: comments on the proposed rezone of Angler Drive from Rural Residential to Recreation Mayor Porter... Please feel free to distribute my family's letter. And we appreciate your interest. I believe this issue is important to all Kenai residents, as it relates directly to the kind of community they wish to live in in the future. I would be pleased to answer any questions you or the Council members may have in the future, or make myself available to discuss our neighborhood. regards Jim Richardson On Mar 12, 2012, at 4:01 PM, Jim Richardson <resecon@alaska.net> wrote: Kenai City Council members: For your information, I have attached a letter my family submitted to the Planning and Zoning Commission today regarding a proposed rezone of Angler Drive. This issue is likely to end up with the City Council for your decision at some point. If and when it does, please preserve the Rural Residential zoning for Angler Drive. My family is a long term property owner on Angler Drive, and would very much like to see it develop as the most attractive residential neighborhood in Kenai. We live the area part of the year and always hoped we could rebuild on our property when we retire (in the next year or two) and live there full -time. However, we believe that past decisions by the Planning and Zoning Committee, and particularly the proposed rezone, will only result in this area being Tess attractive to homeowners. With the decline of the king salmon resource on the Kenai, the guides and lodge operations along Angler Drive may not be economically viable. You probably are aware that a number of the guide /lodge properties are for sale (and have been for several years) with no takers. Why diminish the viability of what should be the most vibrant and valuable neighborhood in Kenai for the sake of a few marginal business operators that have about 30 days of activity a year? When everyone is aware of the need to protect the fisheries resources of the Kenai, why make planning decisions that will result in negative impacts to the river? Thank you for your consideration of this issue. Sincerely Jim Richardson 1 167 THIS PAGE I5 INTENTIONALLY LEFT BLANK 168 V r r. 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