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HomeMy WebLinkAbout2012-09-05 Council PacketCOUNCIL PACKET DISTRIBUTION MAKE 18 PACKETS Council Meeting Date: Mayor Council - 4 packets p I Clerk F d' City Manager City Attorney jc ' Finance Library X Fire Department Gam,. Cunningham , Hall Binder Kebschull Student Rep. Schmidt 1 KSRM Mellish K ELECTRONIC COPY NOTICE Send out notice to All with link to Council Packet DELIVER Council and Student Rep packets to Police Department Dispatch Desk. KSRM, Mellish & Schmidt pick up their packets in the Clerk's Office. SEPTEMBER 5, 2012 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET AGENDA REQUESTED BY: None CONSENT AGENDA ADD TO: ITEM E -1: Special Meeting of August 27, 2012 CITY CLERK • Memorandum Advising of Correction Made to Meeting Minutes Prior to Approval on Consent "Village with a Past, Gi with a Future's 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO: TO: Honorable Mayor and City Council Members FROM: Sandra Modigh, City Clef; DATE: 09/05/12 SUBJECT: 08/27/12 Special City Council Meeting Minutes - Corrected Please note that page 3 of the August 27 Special City Council meeting minutes have been corrected prior to approval on the consent agenda. The following vote was erroneously reflected, however does not change the outcome of the vote (i.e. passed vs. failed). The correction is outlined below in underline /strikeout format: MOTION: Vice -Mayor Marquis MOVED to offer the city attorney position to Scott Bloom and Council Member Bookey SECONDED the motion. Council thanked all three candidates for participating in the interview process and for their interest in the City. VOTE: YEA: NAY: Bookey, Bovle, Gabriel, Marquis, PA alloy, Navarre, Porter Mollo_y MOTION PASSED. Please let me know if you have any questions or comments. 1992 COMMENT SIGN -UP SHEET MEETING OF: q/51 /2- NA MAILING ADDRESS TOPIC OR AGENDA ITEM? ✓-011 Le--L e✓- arc 9 rr CA" >' Kos; t 2012 Est. Unit Cost Item Description Unit Quantity Cost Total Cabinet Replacement (Dwelling Units) Each 40 $ 5,000.00 $ 200,000.00 Cabinet Replacement (Common Areas) Each 6 $ 3,000.00 $ 18,000.00 Paint (Common Areak) ✓.. All 1 $ 75,000.00 $ 75,000.00 Paint (Dwelling Units') /015 i.;Z FfS Each 40 $ 2,5.00,00 ,_$ 100,000.00 Carpet Replacement (Dwelling Units)& Each 40 $ 3,000 $ 120,000.00 Carpet Replacement (Common Areas). All 1 $ 100,000.00 $ 100,000.00 Light Fixture Replacement (Dwelling Units) Each 40 $ 1,250.00 $ 50,000.00 Light Fixture Replacement (Common Areas) All 1 $ 75,000.00 $ 75,000.00 Exterior.Sid'ng Installation All 1 $ 250,000.00 $ 250,000,00 Window Replacement Each 200 $ 600.00 $ 120,000.00 'Boiler /Furnace Replacement All - 1 $ - 75,000.00 $ 75,000.00 Control Systems Replacement All 1 $ 35,000.00 $ 35,000.00 Fire Alarm System Replacement All 1 $ 50,000.00 $ 50,000.00 Roof Replacement All 1 $ 200,000.00 $ 200,000.00' Remove & Replace Parking Lot Asphalt All 1 $ 80,000.6'0 $ 80,000.00 Elevator Major Maintenance /Replacement All 1 $ 65,000.00 $ 65,000.00 Exterior Lighting Replacement (Inc. Park. Lot) All 1 $ 25,000.00 $ 25,000.00 Parking Lot Striping All 1 $ 2,500.00 $ 2,500.00 Plumbing Fixture Replacement (Dwelling Units) Each 40 $ 2,000.00 $` 80,000.00 -. Plumbing Fixture Replacement (Common Areas) Each 6 $ 1,000.00 $ 6,000.00 Replace Fire Sprinkler Piping All 1 $ 125,000.00 $ 125,000.00' Replace Common Areas Furniture Each 6 $ 5,000.00 $ 30,000.00 Replace Refrigerators (Dwelling Units) Each 40 $ 900.00 $ 36,000.00 Replace Stoves (Dwelling Units) Each 40 $ 900.00 $ 36,000.00 Replace Washer /Dryers (Dwelling Units) Each 40 $ 900.00 $ 36,000.00 Automatic Entry Door Major Maint. /Replacement Each 1 $ 5,000.00 $ 5,000.00 Replace Window Coverings (Dwelling Units) Each 40 $ 1,500.00 $ 60,000.00 Replace Window Coverings (Common Areas) Each 6 $ 2,500.00 $ 15,000.00 Replace Sheet Vinyl (Dwelling Units) Each 40 $ 2,000.00 $ 80,000.00 Replace Sheet Vinyl (Common Areas) Each 6 $ 2,000.00 $ 12,000.00 $ 2,161, 500.00 Divided by 20 years $ 108,075.00 I am Sheila Phillips and I reside at 381 Sr. Court Kenai, AK. In other words I live at Vintage point (the City of Kenai's senior housing). I have figured out the rent cost per square foot for our apartments here at Vintage Point. On an average the one bedroom apartments cost 51.07 per square foot and the 2 bedrooms cost 5.92 per square foot. I have also calculated the cost of the Nikiski, Sterling, Soldotna, and Cooper Landing per square foot cost. With the exception of Cooper Landing which is very close to what we in Kenai are currently paying, the rest of the Senior housing on the Peninsula is quite significantly lower per square foot. So instead of discussing an increase in the rent, it seems we should be asking for a rent reduction. Also I would like to strongly point out that all of the other senior housing on the Peninsula have either covered parking or heated garages. Is it possible that Kenai (the largest city on the Peninsula) is the poor country cousin? It is irresponsible and downright negligent that the city should care so little for it's driving senior tenents. Several suggestions have been made for covered parking, but instead of actively looking for a way to accomplish this, our city leaders have closed their minds to any and all suggestions. Is it really going to take a death or law suit to accomplish something so simple as covered parking? AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 5, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 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 ( *) 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 -47 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Increase Rents at the Vintage Pointe Senior Housing Facility. Pg 1 [Clerk's Note: At its August 1, 2012 meeting, Council amended and postponed Resolution No. 2012 -47 to the September 5, 2012 meeting, allowing administration to propose alternative methods of increased rents. Motion to approve is on the floor]. 2. Ordinance No. 2646 -2012 -- Increasing Estimated Revenues and Appropriations by $4,000,000 in Various Capital improvement Project Funds for a Citywide Road and Infrastructure Improvement Grant from the State of Alaska Pg 11 • Substitute Ordinance No. 2646 -2012 Pg 19 3. Ordinance No. 2647 -2012 -- Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund for an Alaska State Library Grant for Library Personnel Travel Pg 25 4. Ordinance No. 2648 -2012 -- Amending Kenai Municipal Code Section 14.20.230, "Home Occupations," to Clarify that Appeals Regarding Home Occupation Permits Shall be Made in Accordance with KMC 14.20.290, "Appeals - Board of Adjustment," and to Make Other Technical Changes to Provide Uniformity within the Kenai Zoning Code, KMC Chapter 14.20Pg 27 5. Ordinance No. 2649 -2012 -- Amending the Kenai Municipal Code, Chapter 14.22, "Land Use Table," to Make Technical Corrections by Deleting Duplicative References to Certain Uses (Parking, Printing, and Charitable Institutions), Dividing Out Uses Grouped Together so They Are Separately- Listed Uses, and Adding Internal Code References. Pg 35 6. Resolution No. 2012 -52 -- Awarding a Contract to S86H Enterprises, Inc., D /B /A Doors and Windows for the Project Entitled, "Kenai Municipal Airport Terminal Automatic Door Replacement 2012" for the Total Amount of $37,500. Pg 49 7. Resolution No. 2012 -53 -- Awarding a Contract for the Erection of a 55' X 120' Soft -Sided Enclosure to Alaska Dreams, Inc. for Total Price of $39,850. Pg 51 E. MINUTES 1. *Regular Meeting of August 15, 2012.... Pg 55 2. *Special Meeting of August 27, 2012 Pg 64 F. UNFINISHED BUSINESS -- None G. NEW BUSINESS 1. Action /Approval -- Bills to be Ratified Pg 68 2. Action /Approval -- Purchase Orders Exceeding $15,000 Pg 70 3. Action /Approval -- Confirm the City Manager's Appointment of Acting City Attorney Pg 72 4. Action /Approval -- City Attorney Contract Pg 74 (Clerk's Note: During discussion of this agenda item council may move to suspend the rules to convene in executive session pursuant to AS44. 62.310( c)(1)(2)] 5. *Ordinance No. 2650 -2012 -- Amending the Kenai Municipal Code, Section 13.30.035, "Paid Parking," to Change the Title of That Section to "Paid Parking; Parking Violations;" to Clarify What is Unlawful Parking in Paid Parking Areas; and to Authorize the City Manager to Issue Free or Reduced Cost Parking Permits. Pg 82 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission Pg 86 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission City of Kenai Council Meeting Agenda Page 2 of 3 September 5, 2012 6. Planning and Zoning Commission Pg 92 7. Beautification Committee I. REPORT OF THE MAYOR 1. Karen Koester Resignation from the Planning & Zoning Commission Pg 96 J. ADMINISTRATION REPORTS 1. City Manager 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 1. Regarding Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect Upon the Finances of the Public Entity and Subjects That Tend to Prejudice the Reputation and Character of Any Person - City Attorney Contract Discussion and Negotiation [AS44.62.310(c)(1)(2)) M. PENDING ITEMS N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review Pg 98 2. Correspondence from Governor Sean Parnell Regarding the Set Gillnet Fishery in the Kenai Region. Pg 100 3. Committee /Commission Application Submitted by Andrew W. McClure with Specific Interest in the Airport Commission Declared Pg 102 4. Committee /Commission Application Submitted by Holly Tuttle with No Specific Interest Declared Pg 104 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. C i Kenai Council Meeting Agenda Page 3 of 3 September 5, 2012 c«yq% / CITY OF KENAI KENAI. ALASKA U RESOLUTION NO. 2012 -47 A RESOLUTION OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES FOR CHANGES TO INCREASE RENTS AT THE VINTAGE POINTE SENIOR HOUSING FACILITY, Suggested by: Administration WHEREAS, Vintage Pointe Senior Housing complex is a non- subsidized senior housing facility operated by the City; and, WHEREAS, current rental rates at the City's Vintage Pointe Senior Housing complex are insufficient to cover annual operating expenses and to provide funds for ongoing facility repairs and upgrades; and, WHEREAS, the City hired a local appraiser to perform a rental rate study which compared rents at Vintage Pointe with that of other similar facilities; and, WHEREAS, the results of the rental study suggested Vintage Pointe rents were less than rents of other like facilities by $74.00 to $153.00 per month dependent upon the size and location of the apartment; and, WHEREAS, it is in the best interest of the citizens of the City and the residents of Vintage Pointe for the City to maintain rental rates at market value and at a level sufficient to fund operations and maintenance on the facility; and, 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 "Vintage Pointe Rents" section to: VINTAGE POINTE RENTS 1 -A apartment = 586 Sq. Ft. Ocean Side 1 -A apartment = 586 Sq. Ft. Street Side I -B apartment = 637 Sq. Ft. Ocean Side 1 -13 apartment = 636 Sq. Ft. Street Side 1 -B apartment = 637 Sq. Ft. Ocean Side 1 -0 apartment = 682 Sq. Ft. Ocean Side 1 -C apartment = 682 Sq. Ft, Street Side 1 -C apartment = 682 Sq. Ft. Ocean Side 2 -A apartment = 826 Sq. Ft. Ocean Side 2 -A apartment = 826 Sq. Ft. Street Side 2 -B apartment = 876 Sq. Ft. Ocean Side 2 -8 apartment = 876 Sq. Ft. Street Side 2 -0 apartment = 789 Sq. Ft. Ocean Side Monthly Automatic ACH Payment Fee Note: All Vintage Pointe Rents are subject to other than credit card. [$714.00] $764.00 [$677.28] $727,28 [$689.52] $739.52 [$689.52] $739.52 [$726.24] $776.24 [$738.48] 8788.48 [$701.76] $751.76 [$726.24] $776.24 [$787.44) $837.44 [8750.721 $800.72 [$799.68] S849.68 [S762.96] S812.96 [$775.20] $825.20 $0.00 a 2% discount for payment by means New Text Underlined• [DELETED TEXT BRACKETED] Resolution No. 2012 -47 Page 2 of 2 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Resolution shall be effective on January 1, 2013. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR New Text Underlined' [DELETED TEXT BRACKETED] 2 "fr is e with a Past, a with a Frstare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 E' Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 1111,1 MFMO: TO: City Council FROM: Rick Koch, City Manager DATE: January 26, 2012 SUBJECT: Resolution 201247, Amending the Comprehensive Schedule of Rates, Charges and Fees for Changes to Increase Rents at the Vintage Pointe Senior Housing Facility The purpose of this correspondence is to recommend Council approval of the above referenced ordinance. Attached please find the following information for your information: 1. Memo from the Finance Director dated July 25, 2012 2. Summary Appraisal Report prepared by Derry & Associates establishing current fair - market rental rates 3. Spreadsheet comparing expendituresfor Congregate Housing (Vintage Pointe) for FY2008 and FY2012 There are different analyses that can be performed to determine if rents are at an appropriate level and provide a financial return sufficient to address increasing future maintenance costs associated with an aging facility. One manner of analysis is to have a market analysis performed to determine if rent levels are consistent with the market. Item number two above, provides that analysis and it shows that rents in Vintage Pointe are across the board below the market, in some cases substantially so. The other manner of analysis is to review the financial performance of the enterprise, in other words income and expense. The last rent increase for Vintage Point occurred in July 2008, or just over four years ago. Over that time period we have absorbed increased costs in almost every expenditure category. 1992 3 Below is a summary of that information: Expense /Income Description FY2008 FY2012 Difference % Diff. Salaries & Benefits i 525,145 537,675 512,530 +49.83% Maintenance & Operations 5192,222 5249,922 $57,700 +18.17% Depreciation 5125,299 $125,299 $0 0% Capital Outlay & Transfers $26,900 $31,300 $4,400 +16.36% Total Expenditures 5369,566 5444,196 $74,630 +20.19% +18.08% Rents 5316,039 5320,945 $4,906 +1.55% Insurance Proceeds /Grants 516,237 $52,666 $36,429 +224.36% Total Income I $332,276 5373,611 541,335 +12.44 Income less Expense (Excluding Depreciation) $88,009 554,714 - $33,295 Income less Expense (Including Depreciation) - $37,290 - $70,585 - $33,295 Over the past four years the following are specific annual increases /decreases to certain expenses: Expense Description FY2008 FY2012 Difference % Diff. GCI /Cable Television $6,980 $8,060 51,080 +15.47% AK Waste /Solid waste 51,442 $2,342 $900 +62.41% HEA /Common Areas Elec. 525,770 535,156 $9,386 +36.42% City of Kenai /Water & Sewer $6,204 54,828 - $1,376 - 22.18% Enstar /Natural gas $23,173 $24,675 $1,502 ° +6.48/0 Totals $63,569 1 $75,061 511,492 1 +18.08% The purpose of depreciation is to recognize future costs associated with repairs and /or replacement of an aging facility. While it may be acceptable to recover through depreciation an amount slightly less than the calculated depreciation when income falls far short of the calculated depreciation it is cause for concern, with a predictable outcome of eventually needing to secure a different source of revenue to subsidize the income shortfall to support maintenance and operation expenditures. In the case of Vintage Pointe, both methods of analyses result in a common result. Rent increases are justified by both a market analysis and an income /expense analysis. 4 It is Administrations' recommendation that an across - the -board rent increase of $50 per month /per unit be approved and that a second, or check, market analysis is performed by a second appraisal firm to validate the initial findings. This will provide the basis to determine if additional rent increases are scheduled for subsequent years. A rent increase of $50 per month /per unit, assuming 100% occupancy, results in increased revenues of 523,400. This amount is significantly less than the increase in operating costs ($33,295 or 70.28 %) since the last rent increase. If you have any questions, please contact me at your convenience. attachments 5 Village with a Past, Ci y with a Fisturell FINANCE DEPARTMENT 210 FideIgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907- 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: July 25, 2012 Re: Resolution 2012 -47 The purpose of this memo is to provide support for passage of Resolution 2012 -47 that will increase rents at the City's Vintage Pointe Senior Housing facility. Rents at Vintage Pointe were last increased in July of 2008, As an unsubsidized facility, rents must be sufficient to cover the annual cost of operations and to provide the necessary reserves for long -term facility maintenance. Long -term maintenance projects in recent years have include facility window replacement, $11.1,000, dry sprinkler piping replacement, $54,000, siding replacement, estimated to cost $260,000,, and boiler replacement, estimated to cost $125,000. The adopted FY13 Budget projects the fund to produce $14,037 for funding future long -terns maintenance projects. Annual long -term maintenance funding of $1.4,037 is not sufficient for the City to maintain the facility at an acceptable level. Prior to recommending this rent increase, the administration commissioned an independent appraisal to evaluate Vintage Pointe rental rates as compared to similar facilities. The results of this study indicated current rental rates are $74.00 to $153.00 per month below market rates, depending upon the size and Iocation of the unit within Vintage Pointe. A $50.00 per month rent increase represents a 7.38% rent increase on the least expensive unit at Vintage Pointe. Inflation since the last rent increase has been approximately 10.5 %. 6 City Of Kenai Fund: 009 - Congregate Housing Fund Department: 62 - Congregate Housing Account Expense FY2008 P12012 Number Description Actual Actual Difference %Increase Salaries and Benefits 0100 Salaries $ 16,546 $ 25,644 $ 9,098 54.99% 0200 Overtime 0250 Holiday Pay - 0300 Leave (956) (2,244) (1,288) 134.73% 0400 Medicare 233 378 145 62.23% 0450 Social Security - - - 0500 PERS 5.983 7,886 1,903 31.81% 0600 Unemployment insurance - - . 0700 Workers Compensation 106 99 (7)- - 6.60$/ 0800 Health & Life Insurance 2,850 5,388 2,538 89.05°! 0900 Supplemental Retirement 383 524 141 36.81% Total Salaries & Benefits $ 25,145 $ 37,675 $ 12,530 49.83% Maintenance and Operations 2021 Office Supplies 415 672 257 61.93% 2022 Operating & Repair Supplies 5,688 4,565 (1,123) -19.74% 2024 Small Tools /Minor 'Equipment 1,979 7,898 5,919 299.09% 2025 Snack Bar Supplies 2026 Computer Software - 4531 Professional Services 22,950 36,300 13,350 58.17% 4532 Communications 1,492 2,676 1,186 79.49% 4533 Travel & Transportation - - . 4534 Advertising 564 354 (210) - 37.23% 4535 Printing & Binding 200 348 148 74.00% 4536 Insurance 12,800 10,596 (2,204) - 17.2294 4537 Utilities 63,606 75,061 11,455 18.01% 4538 Repair & Maintenance 82,358 111,410 29,052 35.28% 4539 Rentals - . 4540 Equip. Fund Pmts. - - - 4541 Postage - - - 4666 Books - - 4667 Dues & Publications - - 4999 Contingency - - 5041 Miscellaneous 170 40 (130) - 76.47% 5045 Depreciation 125,299 125,299 - 5047 Grants to Agencies - Total Maint, and Operations $ 317,521 $ 375,221 $ 57,700 18.17% Capital Outlay & Transfers 8061 Land 8062 Buildings 8063 Improvements 8064 Machinery & Equipment 9090 Transfers Out Total Capital Outlay and Transfers Department Total: 26,900 31.300 4,400 166.3694 $ 26.900 5 31,300 $ 4,400 16,36% $ 369,566 $ 444,196 5 74,630 7014% *7' MEMO ' \ DUM "Vitiaye with a Past, Gi with a future" 210 Fidelgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 TO: Mayor Porter and City Councilors FROM: Krista S. Stearns, City Attorney DATE: August 24, 2012 SUBJECT: Resolution No. 2012 -47 Implementation of Changes to Vintage Pointe Rents Resolution No. 2012 -47 proposes to amend the City's comprehensive fee schedule to increase the rents charged at the Vintage Pointe senior housing facility. At the August 1, 2012 Council meeting, the Council discussed the resolution and postponed further consideration of the proposal until the September 5 Council meeting. I tol.d the Council that I would, in the meantime, provide you with additional information about the landlord-tenant laws so the Council could further consider the timelines to implement any changes, should the Council decide to amend the fee schedule. Changes to the City's comprehensive fee schedule typically take effect immediately. But, a change to the fee schedule does not amend each lease the City has with each tenant at Vintage Pointe. As a matter of State landlord -tenant law,' the City must still amend each lease to implement a rent increase. Because the leases for Vintage Pointe are month -to -month leases, in order to change a term in the lease, the City as landlord must give the tenants a full calendar month's notice of the changed rent. The City cannot implement the new rent until after the notice period. For example, if a landlord wants a raise in rent to be effective on January 1, 2013, the landlord must give the tenant notice of this change no later than November 30, 2012. If the tenant does not like that change, the tenant would have that intervening month to reject the change by vacating the premises and leaving. Although the resolution process to change the comprehensive fee schedule is a public process, this public process is not sufficient to meet the notice requirements to tenants under the law. A change to the fee schedule does not automatically change the rent due under the lease. Notice of a change in a lease requirement must be delivered to tenants in Uniform Residential Landlord and Tenant Act, AS 34.03. 8 Mayor Porter and City Councilors August 24, 2012 Page 2 of 2 writing, either in person or by mail. This notice should be delivered so that each tenant actually receives the notice a full calendar month in advance. And, of course, a landlord can always provide more notice than legally required. If, after notice of a rent increase, a tenant does not want to accept the change, the tenant can vacate the premises. Hopefully, the tenant would provide the City with advance notice that they intend to do so (the lease requests that they provide 20 days' notice after the City announces a change in the lease). If the tenant remains on the premises, the City can view this conduct as indicative of the tenant's agreement to accept the new rent. lf, however, the tenant fails /refuses to pay the new rent but remains on the property, the City's remedy is to evict the tenant. 1 will not detail the entire process of eviction in this memo, but highlight a few important steps in the process. The first step is for the City to serve the tenant with a Notice to Quit. The Notice to Quit must state the tenant's breach of the lease -- failure to pay rent - -and inform the tenant that the lease will terminate upon a date that is at least seven days after service of the Notice to Quit unless the tenant cures the breach.2 If the tenant pays the rent, the matter ends. If the tenant does not tender payment, the second step is for the City to file a lawsuit known as a Forcible Entry and Detainer (FED) action to evict the tenant. Third, the court will schedule a hearing on the matter. FED actions have priority on the court calendar, so the hearing is usually within a few days of filing the suit, if the City prevails, the City will ask the court to issue a Writ of Assistance. That writ authorizes a law enforcement officer to remove the tenant from the premises if the tenant does not leave the apartment. Usually, after the hearing, a tenant has about three days to move. L: \ Council \Memo \vntg.pt.rent,082212 2 AS 03.45.100 -.015; 34.03.220. 9 THIS PAGE IS INTENTIONALLY LEFT BLANK 10 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2646 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY S4,000,000 IN VARIOUS CAPITAL IMPROVEMENT PROJECT FUNDS FOR A CITYWIDE ROAD AND INFRASTRUCTURE IMPROVEMENT GRANT FROM THE STATE OF ALASKA. WHEREAS, SB160 granted the City $4,000,000 for Citywide road and infrastructure improvements; and, WHEREAS, SB160 was signed by Governor Parnell on May 14, 2012 and became effective July 1, 2012; and, WHEREAS, these grant funds will be used for various City projects identified at the Aug'ast 1, 2012 work session of the City Council; and, WHEREAS, acceptance of this grant and completion of the projects identified is in the hest interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Municipal Roadway- Improvements Capital Project Fund Increase Estimated Revenues: State Grants Increase Appropriations: Purchase of a "Trackless" Snow Blower Machinery & Equipment Police Department Parking Lot Expansion Construction Central Heights Street Lig Construction g & Asphalt Replacement $1.361 000 $ 145,000 50,000 400,000 Citywide Asphalt, Curb & Gutter, and Sidewalk Repairs Construction 100,000 150,000 Main Street Loop to Willow St. Asphalt Replacement Construction Airport Way from Spur Hwy. to Willow St. Asphalt Replacement Construction 170,000 Improvement districts and projects to be identified later Construction 346.000 $1.361.000 New Text Underlined. [DELETED TEXT BRACKETED] 1 Ordinance 2646 -2012 Page 2 of 3 Wildwood Dr. Reconstruction, Marathon Rd. and Willow St. Improvements Capital Project Fund Increase Estimated Revenues: State Grants $ 40 000 Increase Appropriations: Wildwood Dr. and Cook Inlet Dr. Right -of -way Purchase Land $340000 Trail Construction. Capital Project Fund Increase Estimated Revenues: State Grants $2_0_0.000 Increase Appropriations: City -wide Trail Construction Construction $150,000 Purchase of a Tractor and Attachments for Trail Construction Machinery & Equipment 50,000 Park Improvements Capital Project. Fund In.crease Estimated Revenues: State Grants $ 000 $ 139,000 Increase Appropriations: Purchase of a Trail Grooming Snow Machine Machinery & Equipment 14,000 Kenai Central High School Artificial Turf Field Construction 125 000 $139.000 Water & Sewer Improvements Capital Project Fund Increase Estimated. Revenues: State Grants $30,000 Increase Appropriations: Purchase of Portable Emergency Generator Machinery & Equipment $30,000 Well House 4 and Water Treatment Capital Project Fund Increase Estimated Revenues: State Grants Increase Appropriations: New Production Well and Water Treatment Facility $300,000 New Text Underlined' ]DEiETED TEXT BRACKETED] Ordinance 2646 -2012 Page 3 of 3 Construction City Hall . Improvements Capital Project Fun,d Increase Estimated Revenues: State Grants $300 000 $70,000 Increase Appropriations: Purchase of a Clerk's Office Color Copier Machinery & Equipment 10,000 Clerk's Office Renovation Construction 25,000 City Hall Sidewalk & Handicap Access Replacement Construction 35,000 Senior Center Improvements Capital Project Fund Increase Estimated Revenues: State Grants $70 000 60,000 Increase Appropriations: Heated Sidewalk Installation Construction $60,000 City Shop Capital Project Fund Increase Estimated Revenues: State Grants $1.500.000 Increase Appropriations: New City Shop Construction Construction 500 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of September, 2012. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: August 15, 2012 Adopted: September 5, 2012 Approved by Finance ��� °� �, , Effective: September 15, 2012 New Text Underlined- [DELETED TEXT BRACKETED 13 VI N; V10: e with a Past Cc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 TO: City Council FROM: Rick Koch, City Manager DATE: August 8, 2012 SUBJECT: Ordinance 2646 -2012, $4 Million- Revenues and Appropriations The purpose of this correspondence is to recommend Council approval of Ordinance 2646- 2012. The State of Alaska Capital Budget includes an appropriation for $4 Million for Road and Infrastructure Improvements. This ordinance appropriates the grant and identifies the allocation of the funding. 1992 Attached is a spreadsheet identifying the specific proposed projects /expenditures and the fund, Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. $4,000,000 SFY13 State of Alaska Appropriation for Road & Infrastructure Improvements Project Description Department Justification Estimated Cost Purchase "Trackless" Snowblower '.. Public or Purchase of a second "Trackless" snowblower will allow for more effective plowing of subdivision streets and decrease the time required to have sidewalks cleared throughout the City. By having a "Trackless" follow plowing in subdivisions it will increase efficiency in clearing driveways and fire hydrants. $ 145,000.00 Purchase small (30hp- 50h04x4 Tractor with Bucket & Backhoe w /cab Parks & Recreation Will be used for trail construction during the summer and for snow removal, including fire hydrants and drivbeways, in the winter. $ 50,000.00 Expand Parking Lot at the Public Safety Building to provide additional parking near Police Station back door Police Department There is insufficient parking near the back door of the Police Station. The existing configuration is cramped which has resulted in police vehicles backing into electrical posts. Additionally, this project would eliminate several copse of trees which are a security issue. $ 50,000.00 Purchase R.O.W for Wildwood Drive and Cook Inlet Drive Public Works Kenai Native Association received what is the ROW for Wildwood Drive and Cook Inlet Drive in ANCSA $ 340,000.00 Remodel City Clerk's Office City Clerk Renovate existing conference room into City Clerk's office, renovate existing copier room into conference room, Install counter /shelving in existing office area to support new copier location. Construct entry counter area with pass - through gate. $ 25,000.00 Purchase new copier machine /business hub City Clerk Provide copier capable of producing color copies and three -hole punched paper. Existing copier is approximately 5 years old $ 10,000.00 New City Shop Public Works Replace existing sub - standard shop and devlop new site for shop. (Total cost $3,500,000, $2,000,000 from GP $ 1,500,000.00 Page 1 of 3 rn $4,000,000 SFY13 State of Alaska Appropriation for Road & Infrastructure Improvements Project Description Department Parks & Recreation Justification Estimated Cost Purchase New Snowmachine for Trail Grooming Replace 10+ year year old�snowmachine. Parks & Rec. Has increased activity related to trail grooming and new trail construction will further increase the demand for grooming. Th City presently has two snowmachines, neither of which are designed specifically for trail grooming, One is over 10 years olds and the other is 8 years old. The new snowrnachine has a 4 -cycle engine which will greatly reduce emmissions in proximity to cross countryt skiers and other trail users. $ 14,000.00 Purchase used 60 +KW Trailer- Mounted Generator Set w /arctic pack Water & Sewer Dept. The City owns an undersized trailer mounted generator that is not the correct voltage for the majority of our sewer lift stations. 208V vs 240v. $ 30,000.00 Central Heights Street Lighting & Asphalt Replacement Public Works Replace Street Lighting System in entire subdivision. Remove, regrade, and replace asphalt in n 1/2 of subdivision $ 400,000.00 City Hall - Replace Entrance Sidewalk, handrail, handicap ramp Buildings Remove and replace concrete entryway to City Hall with heated sidewalk, steps, handicap ramp. $ 35,000.00 Repair of asphalt, curb & gutter, sidewalks at various locations Public Works Repair /Replacement of roadway asphalt, sidewalks, curb & gutter at various locations throughout the City. $ 100,000.00 Removal /Replacement of Asphalt on Main Street Loop from Kenai Spur Highway to Willow Street Public Works Asphalt has reached the end of it's useful life $ 150,000.00 KCHS Artificial Turf Field & Track Replacement KPB City Council identified KCHS Turf replacement as priority capital project and pledged $125,000 towards construction $ 125,000.00 Removal /Replacement of Asphalt on Airport Way from Kenai Spur Highway to Willow Street Public Works Asphalt has reached the end of it's useful life $ 170,000.00 Page 2 of 3 J $4,000,000 SFY13 State of Alaska Appropriation for Road & Infrastructure Improvements Project Description Department Justification Estimated Cost Match for Water Municipal Matching Grant Projects & For other Nont- Allowable Costs Water & Sewer Dept. ..., This will allow in -hand municipal matching grant funded projects to move forward in a timely manner without waiting for replentishment or operating reserves. There may several items required for the new water system improvement projects that are not allowable costs under the grant, i.e. a replacement well pump assembly in Well 1#2. In order to maintain the City's ISO rating it may be necessary to install a third pump at the 3M gallon reservoir. $ 300,000.00 Demolish existing sidewalk and construct new heated sidewalk ant the entrance to the Kenai Senior Center. Project includes mechanical improvements. Buildings This will provide ice /snow free sidewalks to facilitate pedestrian traffic entering and leaving the Kenai Senior Center. Given the layout of the building sow is often blown under the entrance canaopy resulting in unsafe conditions. $ 60,000.00 Construct pedestrian trails along drainageways throughout the City in general conformance with the Trails Plan. Parks & Recreation This will provide for the construction of several miles of pedestrian trails. These trails are constructed by temporary Parks personnel during the summer construction season. Expenditures may also include equipment. $ 150,000.00 Total Project Estimates $ 3,654,000.00 Total Appropriation $ 4,000,000.00 Reserve for Future Infrastructure Projects This appropriation has a five year period established for it's expenditure. It can be used for as yet unidentified LID'S and other projects $ 346,000.00 Page 3 of 3 THIS PAGE IS INTENTIONALLY LEFT BLANK 18 the ciiy c f / KENAI, ALASKA SUBSTITUTE Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2646 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,000,000 IN VARIOUS CAPITAL IMPROVEMENT PROJECT FUNDS FOR A CITYWIDE ROAD AND INFRASTRUCTURE IMPROVEMENT GRANT FROM THE STATE OF ALASKA, WHEREAS, SB160 granted the City $4,000,000 for Citywide road and infrastructure improvements; and WHEREAS, SB160 was signed by Governor Parnell on May 14, 2012 and became effective July 1, 2012; and, WHEREAS, these grant funds will be used for various City projects identified at the August 1, 2012 work session of the City Council; and, WHEREAS, the donation of a large ten enclosure by British Petroleum after the August 1, 2012 work session has created the need for an additional $50.000 project to erect and install power to the donated tent; and, WHEREAS, acceptance of this grant and completion of the projects identified is in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Municipal Roadway Improvements Capital Project Fund Increase Estimated Revenues: State Grants Sl.311 000 Increase Appropriations: Purchase of a "Trackless Snow Blower Machinery & Equipment $ 145,000 Police Department Parking Lot Expansion Construction ' 50,000 Central Heights Street Lighting & Asphalt Replacement Construction 400,000 Citywide Asphalt, Curb & Gutter, and Sidewalk Repairs Construction 100,000 Main Street Loop to Willow St. Asphalt Replacement Construction 150,000 Airport Way from Spur Hwy. to Willow St. Asphalt Replacement Construction 170,000 New Text Underlined' [DELETED TEXT BRACKETED} 19 SUBSTITUTE Ordinance 2646 -2012 Page 2 of 4 Improvement districts and projects to be identified later Construction 296.000 $ 311 •0• Wildwood. Dr, Reconstruction. Marathon Rd. and Willow St. Improvements Capital Project Fund Increase Estimated Revenues: State Grants $340,000 Increase Appropriations: Wildwood Dr. and Cook Inlet Dr. Right -of -way Purchase Land $340 000 Trail Construction Capital Project Fund Increase Estimated Revenues: State Grants $200,000 Increase Appropriations: City -wide Trail Construction Construction $150,000 Purchase of a Tractor and Attachments for Trail Construction Machinery & Equipment Park Improvements Capital Project Fund Increase Estimated Revenues: State Grants 50,000 $200.000 $139.000 Increase Appropriations: Purchase of a Trail Grooming Snow Machine Machinery & Equipment 14,000 Kenai Central High School Artificial Turf Field Construction 125,000 Water & Sewer Improvements Capital Project Fund Increase Estimated Revenues: State Grants Increase Appropriations: Purchase of Portable Emergency Generator Machinery & Equipment Well House 4 and Water Treatment Capital Project Fund $139,000 $30.000 30,000 New Text Underlined. (DELETED TEXT BRACKETED] 20 SUBSTITUTE Ordinance 2646 -2012 Page 3 of 4 Increase Estimated Revenues: State Grants $300.000 Increase Appropriations: New Production Well and Water Treatment Facility Construction $300 000 City Hall Improvements Capital Project Fund Increase Estimated Revenues: State Grants $70.000 Increase Appropriations: Purchase of a Clerk's Office Color Copier Machinery & Equipment 10,000 Clerk's Office Renovation Construction 25,000 City Hall Sidewalk & Handicap Access Replacement Construction 35.000 $70,000 Senior Center Improvements Capital Project Fund Increase Estimated Revenues: State Grants $60 000 Increase Appropriations: Heated Sidewalk Installation Construction $50.000 City Shan Capital Project Fund Increase Estimated Revenues: State Grants $1 550.000 Increase Appropriations: New City Shop Construction Construction $1,500,000 Erection and electrical for 55' X 120' tent enclosure Construction $50.000 $1 550 000 New Text Underlined' (DELc.TED TEXT BRACKETED; 21 SUBSTITUTE Ordinance 2646 -2012 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of September, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: August 15, 2012 Adopted: September 5, 2012 Effective: September 15, 2012 New Teat Underlined. [DELETED TEXT BRACKETED] 22 "Village with a Past, C. with a 'Ware FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907- 283 -3014 To: Rick Koch, City Manager From: Terry Eubank Bate: August 30, 2012 Re: Substitute Ordinance 2646 -2012 Subsequent to the August 1, 2012 . work session regarding the allocation of a 54,000,000 State grant received by the City, British Petroleum donated a 55' X 120', soft -sided (tent) enclosure to the City. The donation has created a project to erect and provide power to the building at an estimated cost of $50,000. The tent will be erected on the site of the future City shop. Substitute Ordinance 2646 -2012 appropriates $50,000 into the City Shop Capital Project Fund for the erection and installation of electrical for the new tent. 23 THIS PAGE IS INTENTIONALLY LEFT BLANK 24 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2647 -2012 AN ORDINANCE OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,500 IN THE GENERAL FUND FOR AN ALASKA STATE LIBRARY GRANT FOR LIBRARY PERSONNEL TRAVEL. WHEREAS, the City of Kenai has received $1,500 Continuing Education Grant from the Alaska State Library Museums for attendance at the Association for Rural and Small Libraries Conference to be held in Raleigh, North Carolina; and, WHEREAS, these funds are to pay for staff continuing professional education travel; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its employees. 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: Library - State Grants Increase Appropriations: Library - Travel & Transportation $1,500 $1,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of September, 2012. ATTEST: Sandra Modigh. City Clew Approved by Financ PAT PORTER, MAYOR Introduced: August 15, 2012 Adopted: September 5, 2012 Effective: September 5, 2012 New Text Underlined !DELETED TEXT BRAC:CiTED1 25 "Village with a Past, el with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Est Telephone: 907 -283 -75351 FAX: 907- 283 -3014 I I 1992 MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: July 30, 2012 SUBJECT: Conference Attendance Grant The Alaska State Library provides travel funds each year for support staff members to attend a continuing education workshop or conference. This year they are allowing each library to apply for one grant. Each library may apply either for $1,000 for a staff member to attend a conference in state or for $1.,500 for a staff member to attend a conference out -of- state. These funds can be spent on travel, lodging, per diem and registration expenses. This year Janina Etta has received funds ($1,500) to attend the Association for Rural and Small Libraries Conference in Raleigh, NC at the end of September. Sponsored by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2648 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.230, "HOME OCCUPATIONS," TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION PERMITS SHALL BE MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS - BOARD OF ADJUSTMENT," AND TO MAKE OTHER TECHNICAL CHANGES TO PROVIDE UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20. WHEREAS, Kenai Municipal Code (KMC) 14.20.230, "Home Occupations," provides an appeal process of an administrative official's decision to the Planning and Zoning Commission (Commission); and, WHEREAS, the Commission makes the final determination about whether to grant or deny a home occupation permit and the typical process for appealing a decision of the Commission is set out in KMC 14.20.290; and, WHEREAS, KMC 14.20.230 should be amended to correctly identify the procedure for appealing a decision of the Commission with respect to home occupations; and, WHEREAS, it is also desirable to update the format of section 14.20.230 to create uniformity in KMC 14.20 in the way citizens may appeal decisions of' administrative officials and to make other technical corrections; and, 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 14.20.230 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.230, Home Occupations, is hereby amended as follows: 14.20.230 Home occupations. (a) Intent. It is the intent of this chapter to permit home occupations [WHICH] that are compatible with other permitted uses and with the residential character of a neighborhood, and [WHICH] that are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of i.ts existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed. New Text Underlined: [DELETED TEXT BRACKETED] 27 Ordinance No. 2648 -2012 Page 2 of 4 (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art studio[.]; (2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver[.]; (3) Dressmaking[.]; (4) [MILLINERY.]Sewing and tailoring; (5) [BEAUTY PARLOR.]Barbers and beauticians: and (6) Tutoring and musical instruction. (c) Uses Prohibited. The following uses are prohibited as home occupations: (1) Commercial auto, small machine, and boat repair[.]; (2) Commercial kennels or similar uses[.]; (3) Convalescent homes for the care of more than two (2) patients[.]; (4) Mortuaries[.]; (5) Private schools with organized classes[.]; (6) Real estate office[.{: and, (7) Restaurants. (d) Development Requirements. (1) Not more than one (1) person outside the family shall be employed in the home occupation. (2) No more than thirty percent (30 %) of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (e) Permit Application. (1) An application for a home occupation permit shall be filed in writing with the City Planning and Zoning Department and signed by the person requesting to operate the home occupation. (2) If the [PLANNING AND ZONING DEPARTMENT] administrative official finds the application meets the criteria of KMC 14.20.230 and recommends that the Commission should grant the permit, the official shall place consideration of the application [IT SHALL BE PLACED] on the consent agenda of the Planning and Zoning Commission. Otherwise, the administrative official shall place consideration of the application as a regular new business item on the Commission's agenda. Applications listed . on the consent agenda are considered routine and will be approved by one motion. There will be no separate discussion of the application unless a member of the Commission 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. (3) A finding by the Planning and Zoning [ADMINISTRATION] Commission that an application does not meet the criteria of KMC 14.20.230 [AND THE DENIAL OF' PLACEMENT ON THE CONSENT AGENDA] may be appealed in accordance with KMC 14.20.290. [TO THE PLANNING AND ZONING COMMISSION BY FILING A WRITTEN APPEAL WITH THE KENAI CITY CLERK WITHIN THIRTY (30) DAYS OF THE DATE OF DENIAL.] New Text Underlined. (DELETED TEXT BRACKETED] 28 Ordinance No. 2648 -2012 Page 3 of 4 (4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. (f) Permits Nontransferable. A home occupation permit granted under this section [SHALL) is not [BE] transferable to another person or location. (g) Exemption. No home occupation permit shall be required for: (1) Activities or business which are carried on solely by use of phones, computers and mail or delivery services; or (2) A state- approved relative home day care provider that provides care to no more than five (5) children (including the care giver's own children) under the age of twelve (12) of which no more than two (2) may be under thirty (30) months of age and who are the care giver's grandchildren, great - grandchildren, sibling (only if living in a separate residence), niece or nephew (not a great niece or nephew), and which involve no outside sign, little or no increase in traffic, and with only occasional visits by members of the public to the home. (h) Fire Code Inspections. (1) Day care facilities shall be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. Failure to comply with the fire code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. (2) Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. 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] 29 Ordinance No. 2648 -2012 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2012. 1EST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: August 15, 2012 Adopted: September 5, 2012 Effective: October 5, 2012 New Text Underlined; [DELETED TEXT BRACKETED 30 "Viffage with a Past, acty with a Future" MEMO: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 - 283 -3014 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: August 3, 2012 '1111' 1992 SUBJECT: ORDINANCE NO. 2648 -2012 - AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.230, "HOME OCCUPATIONS," TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION PERMITS SHALL BE MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS — BOARD OF ADJUSTMENT," AND TO MAKE OTHER TECHNICAL CHANGES TO PROVIDE UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20. Ordinance No. 2648 -2012 proposes an amendment to KMC 14.20.230, "Home Occupations." The proposed amendment could clarify the procedure for processing applications for Home Occupation Permits, And, the amendment would clarify that appeals to decisions of the Commission would be made in accordance with KMC 14.20.290. `Appeals." As currently codified under KMC 14.20.320, appeals are made to the Planning & Zoning Commission and not to the Board of Adjustment. Other minor technical corrections are included in the amendment. 31 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -23 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING KENAI CITY COUNCIL AMEND SECTION 14.20.230, `HOME OCCUPATIONS,' TO CLARIFY THAT APPEALS REGARDING HOME OCCUPATION PERMITS SHALL BE MADE IN ACCORDANCE WITH KMC 14.20.290, "APPEALS - BOARD OF' ADJUSTMENT," AND TO MAKE OTHER TECHNICAL CHANGES TO PROVIDE UNIFORMITY WITHIN THE KENAI ZONING CODE, KMC CHAPTER 14.20. WHEREAS, Kenai Municipal Code (KMC)14.20.230, "Home Occupations," provides an appeal process of an administrative official's decision to the Planning and Zoning Commission (Commission); and, WHEREAS, the Commission makes the final determination about whether to grant or deny a home occupation permit and the typical process for appealing a decision of the Commission is set out in KMC 14.20.290; and, WHEREAS, KMC 14.20.230 should be amended to correctly identify the procedure for appealing a decision of the Commission with respect to home occupations; and, WHEREAS, it is also desirable to update the format of section 14.20.230 to create uniformity in KMC 14.20 in the way citizens may appeal decisions of administrative officials and to make other technical corrections; 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: 14.20.230 Horne occupations. (a) Intent. It is the intent of this chapter to permit home occupations [WHICH) that are compatible with other permitted uses and with the residential character of a neighborhood, and [WHICH] that are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed, (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art studio[.], New Text Underlined' [DELETED TEXT FJRACRETED] 32 Resolution PZ2012 -23 Page 2 of 3 (2) Day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver[.]; (3) Dressmaking[.]; (4) [MILLINERY.JSewing and tailoring, (5) [BEAUTY PARLOR.]Barbers and beauticians; and, (6) Tutoring and musical instruction. (c) Uses Prohibited. The following uses are prohibited as home occupations: (1) Commercial auto, small machine, and boat repair[.]; (2) Commercial kennels or similar uses[]; (3) Convalescent homes for the care of more than two (2) patients[.]; (4) Mortuaries[.]; (5) Private schools with organized classes[.]; (6) Real estate office[.]; and, (7) Restaurants. (d) Development Requirements. (1) Not more than one (1) person outside the family shall be employed in the home occupation. (2) No morn than shirty percent (30 %) of the gross floor area of all buildings on the lot shall be used for the home occupation, (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (e) Permit Application. (1) An application for a home occupation permit shall be filed in writing with the City Planning and Zoning Department and signed by the person requesting to operate the home occupation. (2) If the [PLANNING AND ZONING DEPARTMENT) administrative official finds the application meets the criteria of KMC 14.20.230 and recommends that the Commission should grant the permit, the official shall place consideration of the application [IT SHALL BE PLACED] on the consent agenda of the Planning and Zoning Commission. Otherwise. the administrative official shall place consideration of the application as a regular new business item on the Commission's agenda. Applications listed on the consent agenda are considered routine and will be approved by one motion. There will be no separate discussion of the application unless a member of the Commission 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. (3) A finding by the Planning and Zoning [ADMINISTRATION] Commission that an application does not meet the criteria of KMC 14.20.230 [AND THE DENIAL OF PLACEMENT ON THE CONSENT AGENDA) may be appealed in accordance with KMC 14.20.290. To THE PLANNING AND ZONING COMMISSION BY FILING A WRITTEN APPEAL WITH THE KENAI CITY CLERK WITHIN THIRTY (30) DAYS OF THE DATE OF DENIAL.] (4) Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. New Text Underlined' (DELETED TEXT BRACKETED] 33 Resolution PZ2012 -23 Page 3 of 3 (f) Permits Nontransferable. A home occupation permit granted under this section [SHALL] is not [BE] transferable to another person or location. (g) Exemption. No home occupation permit shall be required for: (1) Activities or business which are carried on solely by use of phones, computers and mail or delivery services; or (2) A state - approved relative home day care provider that provides care to no more than five (5) children (including the care giver's own children) under the age of twelve (12) of which no more than two (2) may be under thirty (30) months of age and who are the care giver's grandchildren, great - grandchildren, sibling (only if living in a separate residence), niece or nephew (not a great niece or nephew), and which involve no outside sign, Little or no increase in traffic, and with only occasional visits by members of the public to the home. (h) Fire Code Inspections. (1) Day care facilities shall be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit. Thereafter, they shall be inspected every other year by the Fire Marshal. Failure to comply with the fire code (KMC 8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. (2) Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the fire code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. enai, Alaska this 8th day of August, 2012 CHA ATTEST New Text underlined' [DELETED TEXT BRACKETED] 34 Sponsored by: Plan ning & Zoning Commission CITY OF EKENAI ORDINANCE NO. 2649 -2012 AN ORDINANCE OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.22, "LAND USE TABLE," TO MAKE TECHNICAL CORRECTIONS BY DELETING DUPLICATIVE REFERENCES TO CERTAIN USES (PARKING, PRINTING, AND CHARITABLE INSTITUTIONS), DIVIDING OUT USES GROUPED TOGETHER SO THEY ARE SEPARATELY- LISTED USES, AND ADDING INTERNAL CODE REFERENCES. WHEREAS, the Land Use Table currently lists a single category of "Theaters /Commercial Recreation," yet these activities could be highly varied and separating the two uses (while keeping the land use permissions the same for each zoning districts) will better aid the public in the future in making dete.cninations about which activities included in these uses may be allowed in various zones within the City; and, WHEREAS, the category "Animal Boarding" should be amended to clarify that it includes the use for a "Commercial Kennel"; and, WHEREAS, adding a reference in Footnote 13 regarding the City's animal control ordinances at Kenai Municipal Code Chapter 3.15 will help the public understand additional requirements adhere to animal control uses; and, WHEREAS, it is no longer necessary to specifically list some uses, like printing and charitable institutions, because those uses are already described and permitted through other allowed uses; and, WHEREAS, "Off -Street Parking" is regulated under KMC 14.20.250 so its separate listing in the Land Use Table is unnecessary where parking lots are already covered under a different entry in the Land Use Table; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Fon.n. This is a Code ordinance. Section 2. Amendment of the Kenai Municipal Code, K MC 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 New Text Underlined DELETED TEXT BRACKETED] 35 Ordinance No. 2649 -2012 Page 2 of 2 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: August 15, 2012 Adopted: September 5, 2012 Effective: October 5, 2012 New Text Underlined. [DELETED TEXT BRA.CKFTEDI 36 14.22.010 Land use table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use 5 = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions New 'Text Underlined (DELETED TEXT BRACKETED]' 37 Ordinance No. 2649 -2012 - Attachment A Page 1 ZONING DISTRICTS -�-.-■�.- CC ED Clril i� CCM RESIDENTIAL LANDUSES One Family Dwelling P P P P P ®EME11 S2 ®lal P 'E® Two/Three Family Dwelling Crs P P P C P IIME Four Family Dwelling C' p CI" Five /Six Family Dwelling ■ Cu' Mill P ® N ®�fl c N© P C S' /CI' Seven or More Family Fa lil Dwoiling IIIIIIIIIIIMIMIIEMIIIMIIIII 111 C S'ic'r 1 Townhouses4 L.ffi C Mobile Home Fatless C N C C C C C IMMEI®EMMIn�i C C 1111 C C C C Planned Unit Residenial Development' Cis C IIIIIII C C C C COMMERCIAL 11111111111 LAND USE 1131E=11 CC 00 Em ED M LC CMU Automotive Sales N C N N N Mao P P Ellinnell N P Automotive' Service Stations N C N III P 1? P P N C N N P N MI C P ®11511©© Services Services N ® C P P P C P N P ���� Guide Service i N C N C P P P Hotets/Motels N C N C N N P Lodge N C N ® N N ' Pro fess=ional Offices N® C" C N N P P an P NC P P P Restautams N C N C N N C P C C P Retail Business NN26 C N C n� �� P 529 Wholesale Business N C N C Theaters( /COMMERCIA L RECREATION) N C N C N N C P P 1 C C N P £ C P 94mn+etr;'al Recreation � C Gy P C C N P C C g New 'Text Underlined (DELETED TEXT BRACKETED]' 37 Ordinance No. 2649 -2012 - Attachment A Page 1 LAN) USE TABLE KEY: P = Principal Permitted Use C = Conditional Use 5 = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS INDUSTRIAL LAND USES C RR RR1 RS RSI, RS2 RU CC CG IL IH ED R TSH LC CMU Airports and Related Uses P'" C N C N N C 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 C" Cs 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 J C P P P N N N C C Storage Yard N C N C N- N C C P P P N N N N C Warehouses 14 (2 14 (2 N N C 1 N P P P N C N N N PUBLIC/ INSTITUTIONAL LAND USES C RR RRI RS I2SI. RS2 RU CC CG IL ill ED R TS H LC CMU [CHARITABLE INSTITUTIONS] [C] [C] [C'3 [C] [C] [CI [P] [PI (PI [PI [P1 [PI [CI [P] [C] [P] Churches* c P'o Pto Pro P10 p00 Pta • Pm Pw C C P ( P10 P P P Clinics (2 (2 14 C CC C P P P C C C C P P Colleges* C C C3Y C C C C P P C C P C( C C P Elementary Schools* C C C19 C C C C P P C 1 C P C C C P Geyernmental Buildings C C Cs C C C C P P P C P C C P P High Schools* C C C'a C C C C P P C C P C C C P Hospitals* C C N G C C C P P P C C C C C P Libraries* C C C" C C C C'= P P P C P C P C P Museums C C C's C C C C P P P C P C P C P Parks and Recitation P C C20 C , C C C P P P P P P P C P Assisted Living (2 0 (2 C (2 C C C C C C C C C C C MISCELLANEOUS LAND USES C RR -•RRI RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Arumai Boarding /Cm nmercial C C N (2 (2 14 N I C C C 0 N C N C C &mreiu Bed and Breakfasts G C C C C C C C C 0 (2 14 1) CC P Cabin Rentals C C N C N N N P P P C N P P C P Cemeteries C C N C N N N N C C C N C C N N Crematories /Funeral Homes N. C N C N N C C 1 C C C N C C C C Day Care CeotersU C C Ct' , C . C C C P P I P C C C C P P Domiltories/Boarding Houses C C N C C C P P °' S C P P" C C C P Essential Services P P P P P P P P P P P P P P P P Fanning/General Agriculture * ** P P N N N N N N N. N P N P N N N Greenhouses/Tree Nurseries" 1 C C N C C C, C P P P C N C C C P New Text Underlined* DELETED TEXT BRACICETEDI 38 Ordinance No. 2649 -2012 - Attachment A Page 2 LAND USE TABLE P = Principal Permitted Use C = Conditional Usc 5 = Sc o dary Use N = Not Permitted NOTE; Reference footnotes on following pages for additional restrictions ZONING DISTRICTS IrEntilelliallil ND ES C RR RR 1 RS RSI MI R52 RU CC CG (L IN ED R I 'LSD LC( CMD Gaxiuns ede hing(, PRINTING,] N Grmy C N C ®���® P N Pis Assemblies' s, Etc.: C Circuses, Fairs, Etc.) C N C C Fraternal Organizations/ 1 N Private Clubs /Social Halls and Union Halls 1 C N C C C C P P P C N C P C P Nursing, Convalescent or [ N Rest Homes C N C C C C P P C P [PARIUNG, OPF- STREET] [P] [P3 [PI ® [P] [P) [P] 1 [P] Parking, Public Lots' C C © C C C C ininniMUNWILIall ®IIIIIIII 0 C C C Personal Services36 ©IIIII®® Antenna(s), Lions Tow & P Ante nta( ), Rai Radio/TV Transmitters /Cell Sims *" as C N C C C EMI P P Recreational Vehicle Parks 1 C C N C N N C C C C Illialla N c N Subsurface Extraction of H. Natural Resources" 0 C C C C .. C C C® Surface Extinction of Natural Resources" ® C C C N C N N N See 42 USCA Sec. 2000ec (Relig ous Lund Use and lnstitutionalized Persons Act of 2000) See 42 Telecommunications Act of 1996, Sec. 704(a) * ** See, however, the limitations imposed under KMC 3.10.071 Footnotes: l. 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 ICMC 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 scan 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; 1: 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; The property adjacent to the proposed dwelling group will not be adversely affected. 4. See "Townhouses" section. New Text Underlined; [DELETED TEXT BRACKETED] 39 Ordinance No. 2649-2012 — Attachment A Page 3 See "Mobile Homes' section. Allowed as a conditional use, subject to "Mobile Homes " section and provided that any mobile home park meets th minimum Federal Housing Authority requirements. 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 stet. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. 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 packing 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. Animal Boarding.and Commercial Kennels require a kennel license. (See KMC Chapter 3.15.) 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 men a. An uncleared buffer strip of at least thirty (30) feet shall he 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 Sutiace Extraction of Natura3 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, tsxiwaysor 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) I Conditional Use(C) Art Studios X Barbels 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 BRACKETED] 40 Ordinance No. 2649 -2012 — Attachment A Page 4 Personal services not set forth in the above matrix are conditional uses. 28. Communications tower /antenna(s) allowed as a. principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are 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.aecess 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 Uncle eel' [DELET 41 T£.X.T..BRACKETEDI Ordinance No. 2649 -2012 — Attachment A Page 5 MEM "I/V, with a Past, a with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administration DATE: August 3, 2012 SUBJECT: ORDINANCE NO. 2649 -2012 - AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.22, "LAND USE TABLE," TO MAKE TECHNICAL CORRECTIONS BY DELETING DUPLICATIVE REFERENCES TO CERTAIN USES (PARKING, PRINTING, AND CHARITABLE INSTITUTIONS), DIVIDING OUT USES GROUPED TOGETHER SO THEY ARE SEPARATELY- LISTED USES, AND ADDING INTERNAL CODE REFERENCES. Ordinance No. 2649 -2012 proposes an amendment to KMC 14.22, "Land Use Table." The proposed changes were identified during review of the Land Use Table for uses in the residential zones. The following changes are included: ® Separating Theaters and Commercial Recreation into two categories. a Under the category for "Animal Boarding," "Commercial Kennel" will be added and Footnote 13 amended to identify additional regulations under KMC 3.15. The recommendation to amend Animal Boarding was suggested after the adoption of Ordinance No. 2519 -2010. Deleting the uses of Charitable Institutions, Printing, and Off- street Parking. Administration considers the amendment as technical corrections. If Council approves the ordinance, no change to existing land uses would result. 42 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12-19 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL CODE, CHAPTER 1.4.22, "LAND USE TABLE," TO MAKE TECHNICAL CORRECTIONS BY DELETING DUPLICATIVE REFERENCES TO CERTAIN USES (PARKING, PRINTING, AND CHARITABLE INSTITUTIONS), DIVIDING OUT USES GROUPED TOGETHER SO THEY ARE SEPARATELY- LISTED USES, AND ADDING INTERNAL CODE REFERENCES. WHEREAS, the Land Use Table currently lists a single category of "Theaters /Commercial Recreation," yet these activities could be highly varied and separating the two uses (while keeping the land use permissions the same for each zoning districts) will better aid the public in the future in making determinations about which activities included in these uses may be allowed in various zones within the City; and, WHEREAS, the category "Anirnal Boarding" should be amended to clarify that it includes the use for a "Commercial Kennel ", and, WHEREAS, adding a reference in Footnote 13 regarding the City's animal control ordinances at Kenai Municipal Code Chapter 3.15 will help the public understand additional requirements adhere to animal control uses; and, WHEREAS, it is no longer necessary to specifically list some uses, like printing and charitable institutions, because those uses are already described and permitted . through other allowed uses; and, WHEREAS, "Off- Street Parking" is regulated under KMC 14.20.250 so its separate listing in the Land Use Table is unnecessary where parking lots are already covered under a different, entry in the Land Use Table; 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 shown on Attachment A: Dated at Ke ai, Alaska this 8th day of August. 2012 CHAIR: ATTEST: New. Text Underlined. (DELETED TEXT BRACKETED] 43 14.22.010 Land use table. KEY: P = Principal Permitted Use C= Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS RESIDENTIAL . Ball anlalli LAN ID USES C RR RU CC CG FL IH ED R TSII Inna MEM F S' /C" S� /C'� One Family Dwelling Emorafl p P P Two/Three Family Dwelling ©�� P IIIIMMEIMEEM P Four Family Dwelling C's Five/Six Family Dwelling Seven or More Family Dwelling ® Citl 111=11 © C to C © © ® Cs' mum RS R51 N N C' ©� R52 RU 111111 CC P ��� CG © P C P �'�� Millellallal C U N N N N F C C S'/C" lim Townhouses' Clt ® ■ l`7.�Yi1..Milli■ `i. N Mobile Home. Parks Deveiopme Unit Residential Development a COMMERCIAL LAND USES Automotive Sales LC C CMU p Automotive Service Stations Business/Consumor Services N MC C all N N N N C N P G Millnal C P C P C P Guido Sen'iee r© ® ©n© P P N Hotels/Motels P EMEMOMMEINUI PP NMill Lodge N I C 0 © ®© ®MMEN N ©ainigiP c P Professional Offices N MEMEI N 1 C C P P C P wholesale Born ess ©0112111©1MM P Theaters[ /COMMERCIAL RECREATION] N C N C N® P P C C N P C Commercial Recreation N C ® N C 1 New Text Underlined ELETED TEXT BRACKETED 44 Resolution No. FZ12 -19 - Attachment A Page 1 LAND USE TABLE KEY: 1' = Principal Permitted Use C = Conditional Use 5 = Secondary Use N =Not Permitted NOTE: Reference footnotes on following pages for additional restrictions INDUSTRIAL LAND USES ZONING DISTRICTS .----- C ■N CG IL II ED R LC CMii TSB Airports and Related Uses P'" C N C N C Automotive Repair N C N 0 allinall C ®��-® C N P aina MI P P N N N N Man la C C Gas Manufacturer/Storage N N N MsembtyringlFabricating! Assembly N Mani Mini - Storage Facility Storage Yard I N C Ma N MI N C I C � P P- N N ® N N Ma© 0 Warehouses PUBLIC! INSTITUTIONAL INSTITUTIONS] INSTITUTIONS] Churches" C �� Pro RRI RS Einalinnila [P] [PI [P1 ! [P] [BJ ED [PJ R T,SH LC CMU ® [P1 ICJ [P1 P P Clinics 0 C fl ©MIIIIMIMIllnal Colleges* C C Cr' ME C C C P C C C 1 C -- C P P P Elementary Schools" C C C'v C C C © P P C C P Governmental Buildings C C C° C C C C IMP P C P High Schools* C C Mai� C P P C - C C C P H°spnals* C C N C 1 C C P P © C C C C C p Libraries" C C C$9 C C C e C P C P C P Museums C C C" C IMIIIIM P C ©C P C P Parks and Recreation P C Enna C P Assisted Living C' aill C C C C IL M-■ III ED R C C TSH LC C CMU V1I5CELLANEO i5 � LAND USES C RR RS RS1 RS2 RU CC I CG Animal Boat'durg /Commercial C ©����Q� C N IMMILMEIMMEISIMERWalaill ellan®© 0 p C C C C C N 0 N C C C C n C Kennelr's Red and Breakfasts Cabin Rentals Cemeteries Crematories /Funeral Homes Day Care Centers" C i C C1° 0 C P P Dormitories/Boarding Houses IMMILIIMME C t® C C C Essential Services 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 I N N N Greenhouses/ Tree Nurseries° C C N 0 C C C P P P C N C C C P New Text Underlined' {DELETED TEXT BRACKETED] 45 Resolution No. PZ12 -19 - Attachment A Page 2 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 IDIS FRICTS MISCELLANEOUS 1 LAND USES C RR RRI. RS RSI RS2 RU CC CG CL €ki ED Id TStH LC CMU Gunsmithing[, PRINTING,! /taxidermy N C N C CC C P P P P N C P P p Assemblies" (Large Circuses, Fairs, Etc.) CC N 0 0 0 0 P" P'r P" P" P" C P N pis Fraternal Organizations/ Private Clubs /Social Halls and Union Halls NC N 0 CC C P P P C N C P C P Nursing, Convaleseent or Rest Homes N 0 N C C C C P P C C C C C C P [PARKING, OFF - STREET] [P] [P] [P3 [P3 [P3 [P3 [P1 [P) [P3 IN [P] [Pi 1P3 [P1 [P1 [P3 Parking, Public Lots" C C N 0 0 0 0 0 0 0 0 0 0 0 0 0 Personal Services'' C C N C CC C P P P P C C P P/ Czt p Communications Towers & Antenna(s), Radio/TV Transmitters/Cell Sites** 2n P C N C CC C P P P P P C C C C I Recreational Vehicle Parks C C N C N N C C C CC N C 0 N Subsurface Extraction of Natural Resources3s' CC C C C C C C C C C N C N N N Surface Extraction of Natural Resources" C C N C N N C N C 0 0 14 0 N N N * Ste 42 USCA Sec. 2000cc (Retig'ous Land Use and Maim ionalized Persons Act of 2000) a* See 42 Telecommunications Act of 1996. Sec. 704 a) * ** See, however, the limitations imposed under KMC 3.10.070 Footnotes: I. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector greets 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 (I) 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 sewerfacifities 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: [DELETED TEXT BRACKETED! 46 Resolution No. PZ12 -19 — Attachment A 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. 11. 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: 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. Animal Boarding and Commercial Kennels require a kennel license, (See KMC Chapter 3.15.1 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: 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 of - street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See "Conditional Uses" section. 17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section. 18. Conditional Use allowed only on privately held property. Not allowed on government lands. 19. Deleted by Ordinance 2144 -2006. 20. The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20,070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parlcing 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 apermitted 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. L Limited Commercial Zone I Personal Services Permitted(P) Conditional Uise(C) An Studios X Barbers X Beauticians X I Dressmakers X Dry Cleaners X Self-Service Laundries X Fitness Centers x Massage Therapist X Photographic Studios X i Tailors X Tanning Salons X Tattoo Parlors g New Text Underlined' [DELETED' 47 BRACKETED( ......... Resolution. No, PZ 12 -19 — Attachment A Page 4 Personal services not set forth in the above matrix are conditional uses. 28. Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are 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'. (DELETED TEXT BRACKETED( 48 Resolution No P212 -19 - Attachment A Page 5 RENAL ALASKA CITY OF KENAI RESOLUTION NO. 2012 -52 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO S &H ENTERPRISES, INC., D /B /A DOORS AND WINDOWS FOR THE PROJECT ENTITLED, "KENAI MUNICIPAL AIRPORT TERMINAL AUTOMATIC DOOR REPLACEMENT 2012" FOR THE TOTAL AMOUNT OF $37,500. WHEREAS, the following bids were received on August 23, 2012: BIDDER TOTAL S&H Enterprises, Inc d /b %a Doors and Windows $37,500 Commercial Contractor, Inc $64,036 Alaska Glass & Doors $49,900 and, WHEREAS, S&H Enterprises, Inc., d /b /a Doors and Windows' 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 City Administration is to award the contract to S &H Enterprises, Inc., d /b /a Doors and Windows for the total cost of $37,500; and, WHEREAS, sufficient monies are available in the Airport Terminal Buildings account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the project entitled "Kenai Municipal Airport Terminal Automatic Door Replacement 2012" be awarded to Doors and Windows for the total amount of $37,500. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 2012. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 49 PAT PORTER, MAYOR Me o C7ilreaterKena.i. 3051_ WILLOW ST. SUITE 200 KENAI, ALASKA 99511 TELEPHONE 907. 283-7951 FAX 907,2833737 \J\To: Rick R. Koch — City Manager r From: Mary L. Bondurant - Airport M Date: August 27, 2012 Subject: Resolution to Award — Terminal Automatic Door Replacement 2012 This memo is recommending award to S &1-1 Enterprises, d /b /a Doors and Windows, as low bidder for the replacement of the automatic doors in the terminal building. This project was advertised from August 2 through August 9 in the Peninsula Clarion and the Anchorage Daily News. Three responsive bids were received on August 23, 2012. A cost estimate for this project was included in the FY 13 terminal budget and this bid is below the estimated cost. 1 recommend awarding the terminal door replacement to S & 11 Enterprises, d /b /a Doors and Windows. if you have any questions please contact me. www.ci.kenatak.us, 50 ry 0/ KENf,ALASKA CITY OF KENAI RESOLUTION NO. 2012 -53 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE ERECTION OF A 55' X 120' SOFT -SIDED ENCLOSURE TO ALASKA DREAMS, INC. FOR THE TOTAL PRICE OF 539,850. WHEREAS, with the closure of the British Petroleum (BP) Gas to Liquids Plant, BP has donated a 55' X 120' soft -sided tent enclosure to the City; and, WHEREAS, the City requested quotes to erect the tent prior to snow fall; and, WHEREAS, Alaska Dreams, Inc. quote of $39,850 has been selected despite being $1,000 higher than the other quote received; and, WHEREAS, Alaska Dreas s, Inc. sold this structure to BP and continues to be the Alaska retailer for the tent; and, WHEREAS, as the Alaska retailer for these tents, Alaska Dreams, Inc. has significantly more experience in the erection of these tents and will provide additional services such as minor fabric repairs during erection that the other contractor is not able to provide, and Alaska Dreams, Inc.'s proposal also included the required foundation material valued at more than the $1,000 difference in their proposal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to award a contract for erection of the 55' X 120' tent to Alaska Dreams, Inc in the amount of $39,850. PASSED BY THE COUNCIL OF THE C1TY OF KENAI, ALASKA, this fifth day of September, 2012. PAT PORTER. MAYOR A EST: Sandra Modigh, City Cleric Approved by Finance: - Ortleirti CR “PW0 s5e c 04- &LJi+h.k. cc 21<,% - ?n z , New Text Undefined] [DELETED TEXT BRACKETED] 51 1761 E.. n4AVENUE. ANCHORAGE, ALASKA 99507 PH; 907 -646 -1219 FAX: 907 -646 -1255 SAiLES4P ALAS•KADREAMS,1 NC.CONI W W W.AI GSKADREAMSINC:COM: Proposal August 20, 2012 2091 VAN HORN R FAIRBANKS, ALASKA 99701 P'H':. 907- 455-7712 FAY,: 907 -455 -7713 AM'SINC.COM ALASKA Dt STRUCTURAL LWFL D'LIP Between the Owner: City of Kenai / Rick Koch 210 Fidalgo Avenue Kenai, Alaska 99611 (907) 283 -8222 And the Contractor: Alaska Dreams, Inc. 2081 Van Horn Road #2 Fairbanks, Alaska 99701 (907) 455 -7712 For the Project: City of Kenai - 55x120 Building Erection Marathon Road Kenai, Alaska 99611 Construction Quote (1) 55'x120' Used Cover -AII TAS Fabric Structure All Materials FOB Erection Site Kenai, Alaska A: Structure: • 55'W x 120'L (6,600 SF) Cover-All Fabric Structure • Iniine Galvanized Carbon Steel Tubing • 5' O.C. Truss Spacing • DuraWeave IP' Fabric Cover • (2) HSS /Fabric End Wall Enclosures With Steel End Support Structure, Stiffeners and Hardware as Previously Erected C: Foundation Systems: • NIC — By Others • Complete All- Weather•Wood (AWW) 4 "x12" Timber Foundation With Stakes and Attachment Hardware D: Site Preparations: • NIC — By Others • Must Be Level, Compacted Gravel Pad or Equivalent 52 E: Insulation Package: • NIC Electrical: • NIC 0: Mechanical: • NIC H: Personnel Door: • NIC • Install 4 Existing Framing Packages and Doors as Previously Installed Overhead Door: • NIC • Install 2 Existing Framing Packages and Duratrac Fabric Doors as Previously Installed Scope of Work: • Provide Labor and Specialized Tools to Construct One 55' x 120' Used Cover-All TAS Fabric Building • Install 4"x12° AWW Foundation System • Layout and Install Building Base Plates • Assemble and Install all Primary and Secondary Structural Steel • Install all Roof And Wall Fabric Membrane Coverings • Prepare all Door Openings • Install (2) Personnel Doors • Install (2) Duratrac Fabric Coil -Up Door • Terminate Fabric Membrane K: Terms and Conditions: • This Proposal is Valid for 30 Days From the Above Date, Unless Otherwise Noted • Unless Otherwise Specified in This Proposal, the Price Quoted Includes All Labor, Materials and Equipment as Listed • 50% Due at Time of Order to Proceed • 50% Due at Time of Completion • Any Additions, Alterations, or Deletions to the Above Described Work Will be Added or Deducted From the Below Pricing, and Clearly Defined in Writing and Executed with Approval Signatures • Labor, Including On -Site Delays, Stand -By & Down Time is Charged at a Flat Rate of $88.00 Per Man Hour • Additional Materials Charged at Actual Cost Plus 20% • All Proposals Subject to State, Federal and Local Taxes • All Payments, Charges and Prices Noted are US Funds • A 1 -1/2% Per Month Service Fee Will be Added for Delinquent Payments l.: Exclusions: • Ali Taxes, Fees, Licenses and Permits are Not Included in This Proposal • All Civil Work (Gravel, Excavating, Leveling, Etc.} • All Cost Associated with Construction Equipment • AM Building Foundation System or Design • AM Mechanical System or Design • All Electrical System or Design • All Flooring Systems or Supports • All Fire Protection Work • All Plumbing or Piping Work • All Costs of Bonds 53 • All Disposal of Construction Debris From Site a All Onsite Storage Fees or Charges ® All Project Specific Required Training ® All Material or Work Not Listed NIC PRICING: SUBJECT TO CHANGE PENDING FINAL DESIGN THE ABOVE WORK SHALL BE ACCOMPLISHED FOR THE ESTIMATED SUM OF: TOTAL BASE PRICE: $39,650.00 Thls is Pricing Information Only, Not a Contract for Services. This Estimate is Delivering the Material, or Completing the Job as Described Above. It is Based on Our Evaluation on the information Available, it Does Not Include Material Price Increases or Additional Labor and Materials Which May be Required Should Unforeseen Problems Arise, or Scope of Work Change, After the Work Has Started. If You Have Any Questions Regarding This Proposal, or If We Can be of Assistance in Any Other Manner, Please Do Not Hesitate to Contact Our Office. Sincerely, Scott Coon ] Branch Manager } Alaska Dreams, Inc. 1761 e. 64th Avenue, Anchorage, AK 99507 0: 907 - 64.6 -52191 r: 77-640 -1255 www.alaskadreaifisinc.com 54 MINUTES KENAI CITY COUNCIL — REGULAR MEETING AUGUST 15, 2012 7:00 P.M. KENAI CITY COUNCIL CHA :' -ERS 210 FIDALGO AVE., KENAI, AK 996/1 http :f /www.ci.kenai.ak.us MAYOR PAT PORTER; PRESIDING ITEM A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on August 15, 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. Roll Call There were present: Pat Porter, Mayor Ryan Marquis, Vice -Mayor Terry Bookey Robert Molloy Brian Gabriel Mike Boyle Tim Navarre (participated telephonically until 8:06 p.m.) comprising a quorum of the Council. Absent: Also in attendance were: Rick Koch, City Manager Krista Stearns, City Attorney Sandra Modigh, City Clerk A -3. Agenda Approval MOTION: Council Member Molloy MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 55 A -4. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) MOTION: Vice -Mayor Marquis MOVED to approve the consent agenda 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. *Ali items listed with an asterisk ( *) are considered to be routine and non - controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) ITEM C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) Rick Baldwin of the Kenai Economic Development Strategy (REDS) Organization, addressed Council regarding the organizations interest in the City's dip netting fishery issues and offered the organizations services to assist the City with addressing the fishery concerns. Council expressed its appreciation of the organizations interest and deferred them to City Manager Koch to explore options. ITEM D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D -1. Ordinance No. 2645 -2012 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Senior Citizen Fund for a Donation Received from Marathon Oil. MOTION: Vice -Mayor Marquis MOVED to approve Ordinance No. 2645 -2012 and Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. City Council Meeting Minutes August 1.5, 2012 Page 2 of 12 56 VOTE: YEA: Bookey, Boyle, Gabriel, Molloy, Marquis, Navarre, Porter NAY MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2012 -51 -- Designating the State of Alaska, Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled Wastewater Treatment Plant Upgrades -Phase I as the Number One Local State Funding Priority for Fiscal Year 2014. MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -51 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. Council Member Molloy spoke in support of Resolution No. 2012 -51. City Manager Koch advised the City's number one ADEC Municipal Matching Grant priority is a project to construct various improvements to the City's wastewater treatment plant (WWTP). Koch further commended the engineers for the quality of work devising the WWTP and the operators of the facility for their dedication and services. VOTE: There being no objections, SO ORDERED. E. MINUTES E-1. *Work Session Notes of August 1, 2012 E-2. *Regular Meeting of August 1, 2012 E-3. *Special Meeting of August 7, 2012 Meeting minutes were approved on the consent agenda. UNFINISHED BUSINESS -- None G. NEW BUSINESS G -1. Action /Approval -- Bills to be Ratified City Council Meeting Minutes August 15, 2012 Page 3 of 12 57 MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT. Vice -Mayor Marquis 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. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. G -3. Discussion -- City Attorney - Recruitment and Transition City Attorney Sterns reported her last day of ..mpkur „er,t with the City would be September 5, 2012. Sterns and Council reviewed transition options to ensure the City has legal services retained after her departure and prior to a new City Attorney being hired. Council Member Molloy thanked City Attorney Stems for her services during her tenure and for offering options related to her transition. Molloy suggested a combination of the options presented to be the best for the City financially. Council Member Gabriel noted his appreciation of Sterns and her willingness to continue assisting the City during the transition. Gabriel further suggested Council defer any decisions related to the transition until after the special meeting to interview candidates for the position is conducted on August 27. Council and City Attorney Sterns continued to discuss transition options and concurred to wait until after the interview process to make a decision and requested this topic be placed on the special meeting agenda. Sterns noted she would not be attending the Council meeting scheduled on September 5 unless specifically requested. G-4. *Ordinance No. 2646 -2012 -- Increasing Estimated Revenues and Appropriations by $4,000,000 in Various Capital Improvement Project Funds for a Citywide Road and Infrastructure Improvement Grant from the State of Alaska. Ordinance No. 2646 -2012 was introduced on the consent agenda. Public hearing is scheduled on September 5, 2012. City Council Meeting Minutes August 15, 2012 Page 4 of 12 58 G -5. *Ordinance No. 2647 -2012 -- Increasing Estimated Revenues and Appropriations by $1,500 in the General. Fund for an Alaska .State Library Grant for Library Personnel Travel. Ordinance No. 2647 -2012 was introduced on the consent agenda. Public bearing is scheduled on September 5, 2012. G -6. *Ordinance No. 2648 -2012 -- Amending Kenai Municipal Code Section 14.20.230, "Home Occupations," to Clarify that Appeals Regarding Home Occupation Permits Shall be Made in Accordance with KMC 14.20.290, "Appeals - Board of Adjustment," and to Make Other Technical Changes to Provide Uniformity within the Kenai Zoning Code, ICMC Chapter 14.20. Ordinance No. 2648 -2012 was introduced on the consent agenda. Public hearing is scheduled on September 5, 2012. G -7. *Ordinance No. 2649 -2012 -- Amending the Kenai Municipal Code, Chapter 14.22, "Land Use Table," to Make Technical Corrections by Deleting Duplicative References to Certain Uses (Parking, Printing, and Charitable Institutions), Dividing Out Uses Grouped Together so They Are Separately- Listed Uses, and Adding Internal Code References. Ordinance No. 2649 -2012 was introduced on the consent agenda. Public hearing is scheduled on September 5, 2012. 11. COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- the August meeting was cancelled. 11 -2. Airport Commission -- Council Member Molloy attended the August 9 meeting and reviewed the meeting discussion and action. 11-3. Harbor Commission -- August meeting was cancelled. 11-4. Library Commission -- Council Member Boyle reviewed the August 7 meeting discussion and action. 11-5. Parks and Recreation Commission -- August meeting was cancelled; special meeting scheduled in September. H -6. Planning and Zoning Commission -- Council Member Navarre advised the commission was appreciative of Council approving training funds and the next meeting is scheduled on August 22. 11 -7. Beautification Committee -- no report. L REPORT OF THE MAYOR Mayor Porter reported the following: o Meeks Crossing Bridge Dedication City Council Meeting Minutes August 15, 2012 Page 5 of 12 59 • Honoring the late Marilyn Dinunick MOTION: Council Member Bookey MOVED to: purchase a Leif Hanson memorial and bush memory of the late Marilyn Dimmick and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. Council requested the City Clerk contact the family for details pertaining to the memorial. • Participated in an organizational meeting of Kenai Peninsula Economic Development District • Attended "Fitness Group" by KSRM • Volunteered at the Lee Shore Women's Run • Participated in the Dena'ina Ground Breaking event • Reported on Paint the Kenai Project J. ADMINISTRATION REPORTS J -1. City Manager • Requested further postponement of Resolution No. 2012 -47 • Proposed the Kenai River Summit regarding the peninsula fishery Council and Koch agreed to discuss the Kenai River Summit idea with surrounding communities & organizations and to explore funding options to be brought back to Council at a later date for further discussion. • Advised of a donated storage facility for parks & recreation department equipment from BPX J -2. City Attorney • Advised of personal leave on Friday • Noted this was her last regular meeting employed with the City and provided farewell remarks, expressed gratitude to past and p.es,.nt council members and City employees, and commended the Alaska Bar Association. Council Member Navarre thanked City Attorney Sterns for her services, wished Vice -Mayor Marquis a happy birthday, and advised he would report on his attendance at the AML conference upon his return. Council Member Navarre ended telephonic participation at 8:06 p.m. J -3. City Clerk • Thanked the City Attorney for her services City Council Meeting Minutes August 15, 2017 Page 6 of 12 60 ® Reported on the close of the council candidate nominating period; Ryan Marquis, Bob Molloy, and James Rowell will be running for the two vacant city council seats in October election, • Advised of absentee voting being conducted at city hall for the state primary election. • Reminder of 8/27/12 Special City Council Meeting. K. ADDITIONAL PUBLIC COMMENT K -1. Citizens Comments (Public comment limited to five (5) minutes per speaker) There was no one in attendance who wished to speak. K -2. Council Comments Council Member Gabriel thanked City Attorney Sterns for her services and wished her luck on future endeavors; thanked Rick Baldwin and KEDS for presentation and services offered; reiterated his support for administration and the police department for their services during the dip net fishery; recognized family in attendance at meeting. Council Member Bookey clarified his comments from the last meeting regarding the dip net fishery and expressed his gratitude and appreciation to the police department and administration far their services during the fishery season. Student Representative Daly noted she enjoyed working with City Attorney Sterns and wished her luck on future endeavors; reported on back to school events; wished Marquis a happy birthday. Vice -Mayor Marquis thanked and commended Sterns for her services; thanked Mayor for birthday cake; reported on birthday. Council Member Molloy requested a legal review of discharge issues related to disposal of waste during the dip net fishery; suggested the City Manager and Airport Manager look into a project at the north end of the airport to create a berm after trees are removed to establish a noise buffer; wished Marquis a happy birthday; thanked Stems for her services and expressed best wishes. Council Member Boyle wished Marquis a happy birthday; thanked Sterns for her services. Mayor Porter thanked City Attorney Stems for her services during her tenure. L. EXECUTIVE SESSION -- None M. PENDING ITEMS 61 City Co eeang Minutes August 15, 2012 Page 7 of 12 M -1. Resolution No. 2012-47 -- Amending its Comprehensive Schedule of Rates, Charges, and Fees for Changes to Increase Rents at the Vintage Pointe Senior Housing Facility, [Clerk's Note: At its August 1, 2012 meeting, Council postponed Resolution No. 2012 -47 to September 5, 2012 meeting, allowing administration to propose alternative methods of increased rents.) N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 8:20 p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk 62 City Council Meeting Minutes August 15, 2012 Page 8 of 12 AGENDA KENAI CITY COUNCIL - SPECIAL MEETING AUGUST 27, 2012 5 :30 P.M. KENAI CITY COUNCIL CHAMBERS, 210 FIDALGO AVENUE, KENAI, .ALASKA, 99611 httn: / /www.cilenai.ak.us MINUTES CALL TO ORDER Mayor Porter called the meeting to order at approximately 5:30 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in. the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Terry Bookey Tim Navarre Mike Boyle Ryan Marquis, Vice -Mayor (arrived at 5:40 p.m.) Robert Molloy Brian Gabriel comprising a quorum of the Council. Also in attendance were: Rick Koch, City Manager Krista Steams, City Attorney Sandra.Modigh, City Clerk 3. Agenda Approval MOTION: Council Member Molloy MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There being no objections, SO ORDERED. PUBLIC COMMENTS Carol Freas, 609 Maple Drive - Kenai, addressed Council to thank City Attorney Krista Stems for her services to the City and community. of Kenai Meeting Minutes Page 1 of 44 .dust 27, 2012 64 Mayor Porter advised the purpose of the special meeting was to conduct interviews with three candidates for the city attorney position and further noted the interviews would be conducted in open session. Council discussed the interview questions provided by the city attorney. Council took a brief recess from 5:36 p.m. to 5 :42 p.m. Vice -Mayor Marquis entered the meeting at 5:40 p.m. City Attorney Sterns reviewed the interview process and material with Council. NEW BUSINESS 1. Interviews of City Attorney Candidates (Scott Bloom, Theresa Hillhouse, Robert Owens) Council conducted interviews in open session of city attorney candidates in the following order: Robert Owens, Theresa Hillhouse, and Scott Bloom. 2. Review and Discussion of City Attorney Candidates (Clerk's Note: Art executive session may be held regarding subjects that tend to prejudice the reputation and character of any person to discuss the City Attorney candidate interviews fA544.62.310(c)(2).] MOTION: Vice -Mayor Marquis MOVED to enter into executive session regarding subjects that tend to prejudice the reputation and character of any person to discuss the city attorney candidate interviews [AS44.62.310(c)(2)]. Council Member Bookey SECONDED the motion. Council Member Boyle noted he would not be in favor of making ad cs on on the candidates this evening. VOTE: YEA: NAY: Bookey, Boyle, Gabriel, Molloy, Marquis, Navarre, Porter MOTION PASSED UNANIMOUSLY. Mayor Porter reconvened the meeting in open session. Vice -Mayor Marquis advised the Council came to a consensus decision to offer the city attorney position to Scott Bloom. City of Keno Meeting Minutes Page 2 of 4 August 27, 2012 65 MOTION: Vice -Mayor Marquis MOVED to offer the city attorney po and Council Member Bookey SECONDED the motion, Council thanked all three candidates for participating in and for their interest in the City. VOTE: YEA: ition to Scott Bloom he interview process Bookey, Gabriel, Molloy, Marquis, Navarre, Porter NAY: Boyle MOTION PASSED. 3. Discussion /Action -- Direction Regarding City Attorney Recruitment MOTION: Vice -Mayor Marquis MOVED to create a committee of three council members consisting of Mayor Porter, himself, and Terry Bookey to work with the city attorney to review and attempt to negotiate a contract and draft an agreement to be presented to Council for consideration. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. There being no objections, SO ORDERED 4. Discussion /Action -- City Attorney Transition Council Member Molloy recommended continuing the employment of City Attorney Sterns until a new city attorney is retained for various reasons. Council continued to discuss options related to keeping Sterns on staff during the transition and hiring outside counsel as needed. MOTION: Council Member Navarre MOVED to have the city manager bring to Council at the September 5 meeting, a recommendation for appointment of an interim attorney. Council Member Gabriel SECONDED the motion. Council Member Molloy and Boyle spoke in opposition of the motion. Council and administration discussed appointment of an acting city attorney pursuant to Kenai Municipal Code. Council recessed from 10:12 p.m. until 20:25 p.m. With the consent of Council Member Gabriel, Council Member Navarre WITHDREW his motion. of Kenai Meeting Minutes Page 3 of 4 gest27,2012 66 MOTION: Council Member Navarre MOVED to accept City Attorney Sterns resignation effective September 5, 2012. Council Member Gabriel SECONDED the motion. Council Member Molloy declared a point of order for Sterns to participate in discussion related to her resignation to which Mayor Porter accepted the discussion. Council and Sterns continued discussion regarding the actual date of resignation and options for transitional work for the City. VOTE: YEA: Bookey, Gabriel, Marquis, Navarre, Porter NAY: Boyle, Molloy MOTION PASSED. MOTION: Vice -Mayor Marquis MOVED to direct the city attorney to contract with outside counsel if necessary to cover a transition period beginning after September 5. Council Member Bookey SECONDED the motion. After further discussion related to the need for the motion, Vice -Mayor Marquis WITHDREW his motion with the concurrence of Council Member Bookey MOTION: Council Member Molloy MOVED to have a short-term contract with Sterns as a consultant to return to Kenai, for up to three days, to assist Scott Bloom in transition. Council Member Boyle SECONDED the motion. Council Member Navarre MOVED to amend the motion to insert "if needed." Council Member Boyle SECONDED the motion and requested UNANIMOUS CONSENT. There being no objections, SO ORDERED. UNANIMOUS CONSENT on the main motion as amended was requested by Council Member Navarre. There being no objections, SO ORDERED. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 10:39 p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk City of Kenai Meeting Minutes Page 9 of 9 August 27, 2012 67 PAYMENTS' $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL. MEETING OF : SEPTEMBER 5, 2012 VENDOR HOMER ELECTRIC m INVESTMENTS DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ELECTRIC USAGE VARIOUS UTILITIES 78,242.91 VENDOR DESCRIPTION MATURITY DATE PIPER JAFFRAY PIPER JAFFRAY US GOVT SECURITY US GOV'T SECURITY 8/29/2014 8/25f2014 AMOUNT 245,000.00 Effect. Inl. 0 09% 245,000.00 0.09% THIS PAGE IS INTENTIONALLY LEFT BLANK 69 PURCHASE ORDERS OVER $15,000,00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: SEPTEMBER 5, 2012 VENDOR BOYD, CHANDLER & FALCONER PACIFIC POWER PRODUCTS DESCRIPTION DEPT. ACCOUNT LEGAL SERVICES DETROIT REMAN ENGINE INCREASE OF EXISTING PURCHASE ORDER MANAGER SHOP PROFESSIONAL SERVICES OPERATING SUPPLIES AMOUNT 38,577.61 23,265.78 VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT FAL PO AMT CASEY PLANNING MUNICIPAL PARK 98562 - MUNICIPAL. PLAYGROUND EXPANSION PARK IMPS, AMEND. NO. 2 2,850.00 29,870.00 THIS PAGE IS INTENTIONALLY LEFT BLANK 71 KENAI, ALASKA MEMO: 41/illage witI a Past, C# with a Future)/ 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: City Council FROM: Rick Koch, City Manager DATE: August 30, 2012 SUBJECT: Appointment of Acting City Attorney - Item G -3 The purpose of this memo is to appoint an acting City Attorney pursuant to KMC 1.55.030(b), which states, in part, that in the event of a vacancy in the office of City Attorney, the City Manager may appoint an acting City Attorney, which appointment shall be subject to confirmation by City Council. Effective September 6, 2012 and until the position vacancy is filled, 1 appoint Cary Graves of Gillman and Associates, LLC as the Acting City Attorney, subject to confirmation by the Council. Mr. Graves has served previously as the City Attorney and is a member in good standing of the Alaska Bar Association. The offices of Gillman and Associates, LLC are located on S. Willow Street in Kenai. 72 THIS PAGE IS INTENTIONALLY LEFT BLANK 73 EMPLOYMENT AGREEMENT This Employment Agreement (Agreement) is between the CITY OF KENAI (City) and SCOTT BLOOM (Employee). To the extent this Agreement requires action by "the City" that term shall mean the City Council unless the context clearly suggests otherwise. SECTION 1: EMPLOYEE EMPLOYMENT AND DUTIES The City hereby agrees to employ Employee, and Employee,a:rees t6 accept employment, as City Attorney to perform the functions and duties specified M the Charter of the City of Kenai and the Kenai Municipal Code. Employee shall perforin such other legally - permissible and proper duties and functions as the City Council shall;Fem time to time assign A. TERM SECTION 2: TERM, DISCHARGE, A" D RESIGNATION The initial term of this Agreement shad ce tsamence October ;15, 2012, and end October 15, 2015, which later date shall be the tercnination..date. Employee "'agrees to remain in the exclusive employ of the City until said tcrminatiort date unle's this Agreement is earlier terminated. Employee's lerhi of. employmet'tt, shall end automatically on the termination date of this Agreement unless the term"<of employment has been extended by mutual agreement in a duly authorized written coxitract At least ninety 90 days prior to the ternajnation4of this Agreement, City and Employee shall declare t eir intentions:as to whether to extend :th s Agreement for additional term(s) subject to renegotiation of salary and°ather terms .of employment. B. DISCHARGE Due to the peculiar nature of the City Attorney position - -in that it involves dealings on behalf of the City and the involvement of the City Attorney in many different projects on behalf' of the Council and of the City: of Kenai - -it is agreed that the City's business can only succeed if the City Attorney and the CiiyCouncil enjoy a working relationship based on mutual respect, trust, and positive attitudes. II, therefore, may be impossible to quantify "poor performance" or "just cause" for termination given these complexities, which often involve personality factors, as opposed to legal or contractual factors. It is, therefore, the intent of the parties to provide for termination by the Employer without resort to any determination of cause. The Employee agrees that he is an at -will employee serving at the pleasure of the Kenai City Council. He may be suspended or discharged without advance notice and without cause at any Employment Agreement Page 1 of 8 74 time during a lawfully- scheduled meeting of the City Council by a vote of at least four members of the Council. Employee expressly waives any right provided by Kenai Municipal Code to appeal any disciplinary action, suspension, or termination to the Arbitration Panel/Personnel Board. C. RESIGNATION Employee may terminate this Agreement for any reason, or no stated reason, upon giving 60 calendar days' written notice to the City through the Mayor (via eilaiil, US mail directed to 210 Fidalgo Avenue, or deposited in the Mayor's mailbox at City Hall). In'the event the Employee voluntarily terminates employment, the City shall be under >no ::,further financial obligation to the Employee except to pay salary and benefits accrue ,,iincludu g -the cash -out value of any accrued but unused leave at the Employee's then elit -rent- +rate of pay through the last date of Employee's work or the effective date of resignation, whichever is later. Any final payment to Employee may be offset by any amounts (liquidated and not disputed) which may be owed to the City by the Employee. SECTION RANCE ti4L , In the event the Employee is discharged by the City during such time as the Employee is willing and able to perform the duties of''Ci '`Attorney,, the City shall pay the Attorney 60 days' severance pay. Severance, pay shall constitute a lutri sum cash payment equal to the monetary value of 1 pay and benefits that would have otherwise been provided to the Employee if he continued,Ln the City's employ fqr the period of severance pay; however, with respect to Medical and Hos ttal Insurance, the City shall provide that benefit under COBRA and shall pa,}xemiums orpther sums due to provide that coverage directly to the insurance provider :(or other entity) for 60 days after' separation. Employee shall be entitled to the cash value;:pt any accrued leave at his theta- current rate of pay as of' the date of separation. Non- renewal of this Agreemeritafter expiration of its initial term does not entitle the Employee to severance pay; A. SALARY SECTION 4: SALARY AND REVIEW The City agrees to pay Employee for his services an annual salary of ONE HUNDRED AND THOUSAND DOLLARS ($ ) payable in United States dollars and payable in installments at the same time as other employees of the City are paid. Employment Agreement Page 2 of 8 75 B. ANNUAL REVIEW City will. review Employee's performance on or about May 15, 2013. Employee's salary shall be set annually by motion of the City Council pursuant to KMC 23.55.010. Employment evaluations shall be conducted, annually thereafter and any pay increase will be effective July 1 of each year. In addition, beginning July 1, 2013, if Employee has received a overall satisfactory evaluation in his most recent annual evaluation, Employee shall receive the same percentage COLA to his salary as the "classified service" employees receive (if any) for that new fiscal year. SECTION 5: HOURS OF WORK Employee is exempt from the provisions of the Fair Lahor Standards Act and shall not be bound to a work week of any set number of hours. Employee is expected to work as many hours as the responsibilities of his position require. As a result, Employee shallamot be paid overtime or allowed to accrue compensatory time . -It light of this, City understands and agrees that Employee does not necessarily lvork the standanEikork day of 8 :00 a.n to 5:00 p.m. as published in the City's ordinances EJoyee understands that the work of City Attorney requires frequent attendance at public meeti at night and otherwise during hours outside of the City's standard work day. SECTION 6: SSOCIAT IONS AN;I1'DEVELOPMENT The City agt.. tq .budget an d to pay the =,travelcand subsistence expenses of Employee for professiorial and offrcial.travel, meetings, and'.Rccasions adequate to continue the professional devel. nient of Employee and to adequately pursue necessary official and other functions for the City, including, but not "limited to hid attendance at the annual conferences of the Alaska Municipal Attorneys' Association and;`the Alaska Bar Convention, and for his attendance at meetings of other boards or committees on which Employee serves as a member with City Council approval. >„ City shall pay the annual: dpes for the following organizations for membership of the City of Kenai and/or the City Attorney, as is appropriate to the organization: Alaska Bar Association, Kenai Peninsula Bar Association, and the Alaska Municipal Attorneys Association. The Employee shall be a member of the Kenai Peninsula Bar Association and attend its meetings on a reasonable basis. Employee may request reimbursement for other professional education under the procedures and conditions established in KMC 23.40.070. Any agreement by City to pay for these additional professional education expenses may also be conditioned upon or subject to a Employment Agreement Page 3 of 8 76 separate reimbursement agreement. For purposes of this Agreement, Employee should obtain approvals required in KMC 23.40.070 from the City Council instead of from the "department head" as otherwise specified in that section. SECTION 7: MOVING EXPENSES A. MOVING EXPENSES City will reimburse Employee for up to $5,000 in moving expenses should Employee decide to relocate his residence during his tenure in office and remain' n the City's employ. Employee may submit a request for reimbursement of moving expenses supported by receipts and /or proof of payment within 6 months of incurring these ;mbking expenses. B. MOVING EXPENSES; EMPLOYEE REIMBURSEMENT AGREEMENT Employee agrees to reimburse City for all or part of )s moving expenses (except cost or value of airfare), however paid to Employee, previously reimbursed by the City in the event Employee voluntarily leaves his employrttent and according to the following schedule: 100% - employment of less than six (6) Months; 75% - employment of six (0) months but leis thn tt e e,(12) months; 50% - employment of tyldi (12) months buf.)ess than etgb een (18) months; 25% - employment oteighteen (18) months bu rgess than twenty -four (24) months; and 0 %- employment cif two' years or more. For purposes elaAgreement,; a "montFi kis 30 clays of service, not a calendar month. Employee sha11 not" be required to re -pay any loving expenses if Employee is terminated by City before the end of the initial term of this Agreement. SECTION 8: GENERAL EXPENSES The City recognizes that certflin general expenses of a non - personal and job - affiliated nature will be incurred by Emp1oyeeT in the course of his employment. The City agrees to reimburse Employee or to pay said general expenses provided claims are supported by receipts (when available) and are duly submitted to the City. Employment Agreement Page 4 of 8 77 SECTION 9: CIVIC CLUB MEMBERSHIP The City recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of such civic clubs or organizations as deemed appropriate at Employee's own expense. The Employee is encouraged to take an active role in the community. SECTION 10: RETIREMENT & BENEFITT The Employee shall be bound or receive the benefits f the following sections of the Kenai Municipal Code: KMC 23.25.050 (Pay Day), KIv 23.25.060(d) (Exemption from the Fair Labor Standards Act); KMC 23.30.110(b),(c) ofd (d) `(Travel Expense); KMC 23.40.020 (Holidays); 23.40.030 (Annual Leave); 23.40 040 (Terminal ,Leave); 23..40;050 -.060 (Leave of Absence with /without Pay); 23.40.070 (Educational Opportunities), 2't40 80 (PERS Retirement); 23.40.095 (Supplemental Retirement); 23;1'00 `a(Sociai Security); 23.40.1 10 (Industrial Accidents); 2340.120 (Medical and Hospitat. Insurance); and 23140.130 (Family Leave). Notwithstanding anything to the contraryx therein,' Employee shall she entitled to participate in and contribute to a health savings account, va flexible spending account, a 457 deferred compensation and other retirement benefits itt place ford the -':ity in accordance with the terms and conditions of thapplan to the maximum exfent pennitted by law and by the plan. Employee shall be entitled to a cth paycheck. ance of $3Q,00 per month that will be included in his City agrees that notwithstanding other personnel policies, Employee may take the following gays` "off.as personal leave or leave without pay in the first six months of employment as Employee has previously scheduled this time to be away from Kenai: SECTION 11: RESIDENCY The long-standing policy of the City is for its City Attorney and other key employees of City to be residents of the City during their tenure in office. Employee currently resides less than one mile from the City limits and does not wish to relocate at this time. However, should Employee move from his current residence during his employment with City, Employee agrees to relocate within the City of Kenai and to become a resident of the City. Failure to do so will be a. material breach of this Agreement. City will pay moving expenses for said move in accordance with Section 7, above. Employment Agreement Page 5 of 8 78 SECTION 12: OTHER TERMS AND CONDITIONS OF EMPLOYMENT The City shall fix any such terms and conditions of employment relating to the performance of Employee, as the City may determine from time -to -time is reasonably required. Such additional terms and conditions shall not be inconsistent with or in conflict with the provisions of this Agreement, the City Code, or any other applicable law. SECTION 13: CONFLICTS OF INTEREST`` The Employee shall be sensitive to both conflicts of interest and the of conflicts of interest between the duties of the City Attorney and'flt.ftttorney's personal conduct and shall be sensitive to the activities of members of the Er iiloyee's immediatefamily. When in doubt, the Employee should consult with the Counerl; and/or the City Attorney as potential concerns may arise. SECTION 14: GENkER L PROVISIONS A. ASSIGNMENTS AND SUBCON2RAC None of the sums due or to pgcome due, pr any ol` tk e tsrk to be performed under this Agreement by Emplee, shall be assigned to any third party without the prior written consent of the City. B. In and; dispute between M1'the parties, the laws of the State of Alaska shall govern. If any such dispute results in a lawsuit, file parties wd1t bring the lawsuit before the courts of the State of Alaska in the Third Judicial District at Kenai. C. WAIVER If City does not insist ixt'sani`one or more instances on the strict performance by Employee of any requirement under this Agreement, it is not a waiver or relinquishment for the future, but the requirement will continue in full force. A City waiver of any provision or requirement in this Agreement cannot be enforced nor relied on unless the waiver is in writing and signed on behalf of City. D. SEVERABILITY If any term or provision of this Agreement or the application thereof to any person or Employment Agreement Page 6 of 8 79 circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shalt not be affected thereby and shall continue in full force and effect. E. HEADINGS The headings utilized herein are provided as aids in referencing provisions of this Agreement, but shall not be utilized in interpretation or construction of terms and'rconditions of it F. ENTIRE AGREEMENT; MODIFICATION This Agreement contains the entire agreement of fre,kparties. All negotiations, statements, representations, warranties, and assurances, whether or&1 or written, which are in any way related to the subject matter of this Agreementior the perfokrnance of either party, are merged and integrated into this Agreement. This Agreement may natbe modified exeeptsby a writing signed by both parties. G. EFFECTIVE DATE; SIGNAT The date this Agreement is signed by 'the tact party to sign it ?(as indicated by the date associated with that party's signature) wi11`be „tie date of this Agreement. The parties further agree to signature both 1t' > °eounterparts or by facsimile or P° IN WITNESS WHEREOF the parties have set their hands the day and year stated below. DATE: PL_, ©YEE: Scott Bloom DATE: CITY OF KENAI: Pat Porter, Mayor Employment Agreement Page 7 of 8 80 ATTEST: Sandra Modigh, City Clerk. APPROVED AS TO FORM: Krista S. Stearns, City Attomey SEAL: L:\Ag, s\ CityAttorney\Bloom.Contr act.082812 Employment Agreement 81 Page 8 of 8 Sponsored by: Council Member Bookey Council Member Marquis CITY OF KENAI ORDINANCE NO. 2650 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, SECTION 13.30.035, "PAID PARKING," TO CHANGE THE TITLE OF THAT SECTION TO "PAID PARKING; PARKING VIOLATIONS;" TO CLARIFY WHAT IS UNLAWFUL PARKING IN PAID PARKING AREAS; AND TO AUTHORIZE THE CITY MANAGER TO ISSUE FREE OR REDUCED COST PARKING PERMITS. WHEREAS. the Kenai Municipal Code provides authority for the City to restrict parking on City streets, to identity parking areas on City -owned lands, and to charge fees for use of various parking areas; and, WHEREAS, the City's department of public safety monitors compliance with City laws regarding parking and use of the City's parks and other recreational facilities, including parking areas, and it is important to have clear rules for permitted and prohibited conduct; and, WHEREAS, during the peak summer season, the City of Kenai experiences an influx of persons demanding access to City parks and facilities, particularly with respect to the City's beach parks and boat launch areas, and this demand requires the City to regulate use and access and to charge parking fees to support the increased cost of maintain and preserve these areas during the peak season; and, WHEREAS, due to increased demands, the City occasionally has a need to authorize special permits for use of public parking facilities to facilitate the work of volunteers or to arrange for other entities to operate in the area to provide necessary or desirable support services to the public during times of increased use; and, WHEREAS, the increased demands on recreational facilities and the fees charged for parking to tends to dissuade local residents, the elderly, and economically disadvantaged persons from using those facilities due to the crowds and /or expense; and, WHEREAS, it is in the City's interest to encourage local residents to use City parks and recreational facilities at all times of the year because their tax dollars support the year -round maintenance and preservation of the City's parks and recreational areas and because it promotes good health and fitness of residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. 82 Ordinance No. 2650 -2012 Page 2 of 3 Section 2. Amendment of Section 13.30.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.30.035, Paid parking, is hereby amended as follows: 13.30.035 Paid parking; parking violations. (a) The City may provide for operation of paid parking areas [LOTS] and may set fees for parking on city -owned property. Parking is permitted only in those areas, and only on those conditions as set forth at the designated entrances and within these [SAID] parking areas [LOTS]. The City will designate paid parking areas with signs at the entrance to the affected public parking area. The designations of paid parking areas may be changed from time -to -time by relocation or re- designation of the signs to adapt to actual parking demand experienced for that kind of parking area. [ANY VEHICLE OR PROPERTY WITHIN THE PARKING LOT CONTRARY TO THE TERMS AND CONDITIONS OF USE AS STATED HEREIN, OR POSTED BY THE AFOREMENTIONED SIGNS, SHALL BE SUBJECT TO IMPOUND.] (b) It shall be unlawful to park any vehicle or to deposit any property within the a city -owned parking area contrary to the terms and conditions of use as stated herein, or posted by signs at the entrance of or within the parking area, or as allowed by permit. lc) Parking rates for each paid parking area shall be determined by the City and as set forth in the City's schedule of fees adopted by the City Council. (d) A vehicle may be parked in a paid parking area without payment of the required fee on s.ecial days as desi: ated by the City Manager or under s.ecia] permit issued by the City. The City Manager has authority to develop permitting systems and rules and regulations for paid parking areas which shall be effective upon approval by resolution of the City Council. Special permits are valid only for the prescribed use and area and will be issued only upon proof of eligibility and payment of the applicable fee if any. (e) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of state law and regulations as adopted by the City of Kenai. of the Kenai Municipal Code, or as stated on official signs prohibiting or limiting the stopping, standing, or parking of vehicles in specified places. at specified times, or in a specified manner. Jf1 [(b]l Parking at the airport shall be controlled by Title 21 of the Kenai Municipal Code and the Airport Regulations, 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. 83 Ordinance No. 2650 -2012 Page 3 of 3 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, CMC City Clerk 84 PAT PORTER, MAYOR Introduced: September 5, 2012 Adopted: September 19, 2012 Effective: October 19, 2012 Terry pokey / Ryan Marques To: Mayor Pat Porter Council Members Mike Boyle, Brian Gabriel, Bob Molloy, Tim Navarre From: Vice Mayor Ryan Marquis, Council Member Terry Bookey Date: August 30, 2012 Re: Ordinance 2650 -2012 Paid parking; parking violations The purpose of Ordinance 2650 -2012 is to clarify what constitutes unlawful parking in paid parking areas and to authorize the City Manager to develop and issue free or reduced parking permits. Ordinance 2650 -2012 modifies Section 13.30.035 of Kenai City Code to establish the following: Method of designating paid parking areas. Manner in which parking fees are established. Process for development of special parking permits. This ordinance will aid administration in organizing our developing system of paid parking areas throughout the City of Kenai. This will provide a uniform process that can be applied across our current paid parking areas, as well as any future areas yet to be developed. It also allows for the creation of a system in which the City of Kenai can issue parking permits, similar to passes you might find for parking in other municipalities or state areas. Subsequent to passage of this ordinance, the sponsors of this ordinance will introduce a resolution to set an initial policy to allow the issuance of such permits. We encourage your support of Ordinance 2650 -2012. 85 PENDING APPROVAL KENAI AIRPORT COMMISSION AUGUST 9, 2012 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDIING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows. Commissioners present: Commissioners absent: Staff /Council Liaison present: Chair H. Knackstedt, J. Bielefeld, G. Feeken, K. Roser J. Zirul, L. Porter Airport Manager M. Bondurant, Administrative Assistant E. Shinn, Council Member R. Molloy A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Feeken SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- July 12, 2012 Commissioner Bielefeld requested the following change: change 1022/2012 to 2012/2013 in item 6 -c. MOTION: Commissioner Bielefeld MOVED to approve the amended meeting summary of July 12, 2012 and Commissioner Feeken SECONDED the motion There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. MOTION: PERSONS SCHEDULED TO BE HEARD -- None. UNFINISHED BUSINESS Discussion /Recommendation - 2012/2013 Goals and Objectives Commissioner Bielefeld MOVED to accept the 2012/2013 Goals and Objectives and Commissioner Feeken SECONDED the motion. 86 VOTE: MOTION PASSED UNANIMOUSLY. 5 -b. Discussion /Comments - Imagine 2030 Comprehensive Plan. Update General discussion occurred. The Airport Manager noted she would give the City Planner their input. ITEM 6: NEW BUSINESS -- None. ITEM 7: REPORT 7 -a. Commission Chair -- No report. 7 -b. Airport Manager -- Bondurant noted moving forward with the grant program; the Department of Transportation was painting the taxiway; and, she would begin recruiting for snow removal personnel soon. 7 -c. City Council Liaison -- Council Member Molloy reviewed the August 1 work session and City Council meeting ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. September 13, 2012 (Identify if you are requesting an excused absence.) Commissioner Feeken requested an excused absence from the September 13 meeting. ITEM 9: COMMISSIONER COMMENTS AND QUESTIONS Roser noted the Airport had been doing a good job. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION ITEMS 11-a. July 2012 Airport Manager's Report 11 -b. June 2012 Enplanements 11 -c. 2008 - 2012 Float Plane Basin Activity 11 -d. Think About It Article - KSRM Radio Group ITEM 12: MOTION: ADJOURNMENT Commissioner Bielefeld MOVED to adjourn and Commissioner Roser SECONDED the motion. There were no objections. SO ORDERED, AIRPORT COMMISSION MEETING AUGUST 9, 2012 PAGE 2 87 There being no further business before the Commission, the meeting was adjourned at approximately 7:38 p.m. Meeting summary prepared and submitted by: Lorene Hall, CMC, Deputy City Clerk 88 AIRPORT COMMISSION MEETING AUGUST 9, 2012 PAGE 3 enai NW Sic pa A®rpo Memo "Sewing Greater Kenai/ i 305 N. WALLOW ST. SI ITE 200 KENAI, ALASKA 99611 TELEPHONE 907.28 3-7951 FAX 907 - 283-3737 To: Rick R. Koch — City Manager Frorn: Mary L. Bondurant - Airport Mana Date: August 10, 2012 Subject: FY2012 -2013 Airport Goals & Objectives el The attached Airport Goals and Objectives for the fiscal year 2.012 -2013 were approved unanimously at the August 9, 2012, Airport Commission meeting. Please contact me if you have any questions. attachment www.ci.kenai,ak. us. 89 HVbwn bci,a Ain ort GOALS AND OBJECTIVES 2012 - 2013 Airport Beautification • Keep up with flowers • KENAI sign project • New terminal entrance door on airfield side (Master Plan) • Remove grass strips around vehicle parking lots 2. Gravel /Ski Strip • Relocate gravel strip (Master Plan) Float Plane Basin • Promote hangar development (on- going) 4. Terminal Building • Replace carpet • Relocate Marathon Oil Display (Contact KPC) 5. Airport Administration • Education & training opportunities for airport staff (on- going) 6. Advertising & Marketing • Develop /implement airport brochure (draft brochure) • Market airport lands • Annual Kenai Peninsula Air Fair (on- going) i. Airport Rules and Regulations • Update ground vehicle training program (on- going) • Review airport regulations (City Administration review) Other • Airport Master Plan (Phase 1 Report complete • Electric tiedown plug -ins (southend) • Alternate energy sources (Master Plan) Airport Commission Goals • Page 1 of 1 90 THIS PAGE 15 INTENTIONALLY LEFT BLANK 91 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION AUGUST 22, 2012 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorum was present. 1 -c. Agenda Approval MOTION: ee ante. Chair J. Twait, C. Smith, J. Rowell, H. Knackstedt, K. Koester P. Bryson (excused), K. Peterson (excused), City Planner M. Kebschull, Council Member T. Navarre. Deputy City Clerk C. Hall Commissioner Knackstedt MOVED to approve the agenda as presented and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences • Commissioner Bryson • Commissioner Peterson Approved by consent agenda. 92 *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES -- August 8, 2012 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT -- None. 4. CONSIDERATION OF PLATS -- None. 5. PUBLIC HEARINGS 5 -a. MOTION: PZ12 -25 - An application for a Conditional Use Permit for an assisted living facility for the property known as Government Lots 27, 28, 29, 32, 33 & portions of Government Lots 34 and 31 (11823 Kenai Spur Highway). Application submitted by Riverside Assisted L ing, LLC, Robert Nash, P.O. Box 740, Zephyr Cove, Nevada. Commissioner Koester MOVED to approve PZ12 -25 and Commissioner Smith SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met: • The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. • The value of the adjoining property and neighborhood will not be significantly impaired. • The proposed use is in harmony with the Comprehensive Plan, • Public services and facilities are adequate to serve the proposed use. • The proposal will not be harmful to the public safety, health or welfare. • 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. Kebschull recommended approval with the following requirement: • Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements. PLANNING AND ZONING COMMISSION MEETING AUGUST 22, 2012 PAGE 2 93 Twait read the rules for public comment and opened the meeting to public hearing Robert Nash, 10365 West Highlander, Boise, ID S3709 -- Applicant reviewed the information included with the application and offered to answer questions. Smith asked about relocating tenants from the trailer park. Nash noted they would work with tenants on an individual basis and possibly offer financial assistance with moving. Twait asked about access from South Spruce and possible expansion. Nash noted the drawing was still in the planning phase, that access would be possible and expansion of services was also possible. There being no one else wishing to speak, the public hearing was closed. Knackstedt, Koester, and Smith noted their support for the project. Twait asked administration about possibilities for the current tenants. Kebschull noted state law provided a time frame for moving and noted there were spaces available in the other trailer parks within the city. Kebschull reported each case would be looked at individually and all mobile homes needed to meet HUD safety guidelines. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the appeals process procedure. 6. UNFINISHED BUSINESS -- None. 7. NEW BUSINESS 7 -a. Discussion /Set Public Hearing -- PZ12 -20 - A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.20.320, "Definitions," to add definitions for uses listed in KMC 14.22.010, "Land Use Table" and to amend other existing definitions MOTION: Commissioner Knackstedt MOVED to set a public hearing on Resolution No. PZ12 -20 for September 12, 2012 and Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING AUGUST 22, 2012 PAGE 3 94 S. PENDING ITEMS -- None. 9. REPORTS 9 -a. City Council -- Council Member Navarre reviewed the August 15, 2012 City Council meeting which he telephoned into from Bethel, invited the commissioners to attend Industry Appreciation Day, and thanked Koester for her service. 9 -b. Borough Planning -- No report. 9c. Administration -- Kebschull reported on the Comprehensive Plan and current code enforcement issues. 10. PERSONS PRESENT NOT SCHEDULED Pat Porter, Mayor -- Thanked Koester for her work on the commission and her dedication to service. 11. INPOPMAT1O ITEMS -- None. 12. NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. September 12, 2012 Commissioner Twait requested an excused absence from the September 12 meeting 13. COMMISSION COMMENTS & QUESTIONS Koester thanked the commissioners for allowing her to be a part of the Commission and noted it had been a great learning experience for her. Knackstedt noted Koester would be missed, both by the Commission and the community. Twait wished. Koester good luck in her new journey. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:31 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING AUGUST 22, 2012 PAGE 4 95 Sandra Modigh From: Mayor tkenaimayorl0 @msn.com} Sent: Friday; August 17, 2012 2 :33 PM To: Sandra Modigh Subject: Fwd: resignation from P & Z Begin forwarded message: From: karen koester <1doester(mvahoo.com> Date: August 17, 2012 3:21:43 PM PDT To: "kenairnayorl0Wrn.sn.corn" <kenaim.avorl0rin:sn. corn > Cc: Marilyn Kebschull <mkebschull.("a)ci.kenai.ak.us> Subject: resignation from P & Z Reply -To: karen koester <kkoesterrwvahoo,com> Hello Pat - I regrettfull.y must submit my resignation effective August 22, 2012 from the Planning & Zoning Commission due to a pending home sale and subsequent move out of the state. Thank you for your willingness to take a chance and nominate me as a commissioner. I have thoroughly enjoyed being on the board, I've learned clot and I have appreciated the opportunity to serve the great city of Kenai to the best of my ability. Thank you again, Karen Koester 96 THIS PAGE IS INTENTIONALLY LEFT BLANK 97 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: SEPTEMBER 5, 2012 VENDOR DESCRIPTION DEPT, ACCOUNT AMOUNT FOUR 0 CARPET ONE CARPET APT. #309 CONGREGATE HOUSING REPAIR & MAINTENANCE 3,02375 FOUR 0 CARPET ONE CARPET APT. /1105 CONGREGATE HOUSING REPAIR & MAINTENANCE 3,264.00 WEST PAYMENT CENTER FY13 INFORMATION CHARGES LEGAL BOOKS 3,643.55 LIBRARY IDEAS FREEGAL MUSIC LIBRARY SOFTWARE 2,650.00 DUCT OR SHEE1mETAL REPLACE ROOF TOP UNIT TERMINAL REPAIR & MAINTENANCE 6,185.00 HANSON'S ROOFING ROOF REPAIRS - REC CENTER & CITY HALL BUILDINGS BUILDINGS 10,521.00 OCLO GROUP SERVICES - ANNUAL CONTRACT LIBRARY PROFESSIONAL. SERVICES 6,652.26 INGRAM LIBRARY SERVICES BOOKS LIBRARY BOOKS 4,000.00 co 03 WS CONSULTING FY13 OUTSOURCE BILLING CHOICE WAIVER PROFESSIONAL SERVICES 4,800 00 THIS PAGE IS INTENTIONALLY LEFT BLANK 99 STATE CAPITOL PO, Box 1 10001 Iuncau, AK 9981 1 -000 1 907 - 465 -3500 lax: 907 -965 -3532 August 17, 2012 The Honorable Pat Porter Mayor City of Kenai 210 Fidalgo Avenue Kenai, AK 99611-7794 Dear Mayor Porter, Governor Sean Parnell STATE OF A 550 West Seventh Avenue, Suite 1700 Anchorage, AK 99501 907 - 269 -7450 fax 907 -269 -7461 teww.Gov.Alaska.Cicv Governor @Alaska.Gov 1 write in response to your letter dated July 19, 2012 regarding Alaska Department of Fish and Game (ADF&G) management decisions affecting the set gillnet fishery in the Kenai region and your request that Commissioner Campbell attend various meetings in Kenai to discuss these decisions. I understand that you met with Commissioner Campbell in the days following your request. As you know, I have tasked a group of fishery scientists with assessing the situation and recommending ways to address these challenges in accordance with the State's constitutional mandate that our fisheries be managed in a manner consistent with the public interest and in preservation of future stocks. We will keep you informed of their report. I have also written to Acting Secretary of Commerce Rebecca Blank on August 16, as you have seen in the copy sent to you yesterday, urging her to declare a fishery disaster for the Chinook salmon fisheries in the Cook Inlet area. I remain very concerned about stock assessments across the state. This is a. difficult time for many Alaskans who depend on the fisheries for their livelihood. Thank you for the leadership you have shown in the face of uncertainty. I look forward to continued collaboration with you on developing long -term solutions to ensure a sustainable future for fisheries in the Kenai area. Sean Parnell Governor 100 THIS PAGE IS INTENTIONALLY LEFT BLANK 101 2012 -03.22 08 :24 Kenai AFSS(admin) 907-283 -439 9072835068 P 1/1 R£CE E �rfru {r AUikb rcr1 M CITY CLERK C'itv'Jt TA,- APP CtlfSTPirih"'i' T C0 e s MM ul try AND Kama rrr n, ;T, 2$1 3 600a DATE ktslda.nt Clty of iwama?.,_....,.. 6baidosco A,dd.rtww _ kiitliNg hid nis .. Wow Pax No, w...,_. M tfi we inch, yt.%. k x 5a' ttna4%4t + <� _- 3Dxtii xt 1'.i33tl:frtu,:a "3't'ie h gooll t74 Z15 Q}'' t110ISM Cc rent manbership in orgr1RiG Pitt or otootiani0. sa'csnhc shipaa Qq:1V MITTZE flit CQMM13S1UNn Ii" WHICH YOU ATM CNT 47411,9'YEn ae r TIM IGG&FH.. 102 THIS PAGE IS INTENTIONALLY LEFT BLANK 103 the ci9Of KENAI. ALASKA CITY OF KENAI "Village with a past - City with of future." BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: Si -94 - NAME: \--\C A\ Li 7 \ R!CEIVED AUG 222012 "CAI CL RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 263 -5066 Resident of the City of Kenai? How long? 1.0 l :?se u`7--) Residence Address AM C \ C. P rVr, .: 1 r - CT1 (4 Mailing Address 101C), c- ; C \ J C'_ 0 v"V,\ F \V R9(4 Home Telephone No. QC7L «- 1 t/y Home Fax No Business Telephone No Business Fax No. Email Address: 1Tc,C l J -'th ll�'�CC Yl 6.1/2) rflC.., C� n1 May we include your contact information on our web page? LL If not all, what information may we include? OYER: INC") -C' Yv‘L,:)-ub k c / ct, .AAA. Ma AME OF SPOUSE: .mac; LS, ^ n Current membership in organizations: c e' \A. Job Title Past organizational memberships- C 1 `Q Or; L-0, i D \L( Y\ea 1 j Y", V C, ( x4 (n yl C JUb 1vIry P5 (--or #Q1 0a5+ c(✓ r c (h dip C"NnC\ VkCe :ThQ nn tc, lf.Q .lP r n!-A C}; '.J :Q G, "v Cftd. -y6 V nCi. -P V �' 3�. oCR < c` r, ✓ _ COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 11.vi WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? pC.t hici \cl''` in` /ZLCLSL. YV� C:, l i 5� .AAf nC A9 , `4A V01 1 °SAP A U r 4. I SOP V..0 1 (' -'rcre k OZl lA4 °f! \�1 �C�C.C� .i' r •.N,CL T • ^n c cl rat ,\ Q ,fit h n, est 'L.. ? J`i 1 \ \ (A ¥Yv- Yn\CA Y P^ ;,dtr, . WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? h(`., Li e 1 lr? 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