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2012-09-19 Council Packet
COUNCIL PACKET DISTRIBUTION MAKE 18 PACKETS Mayor E1, Council - 3 packets K Clerk City Manager )C City Attorney K Finance , /0 Library s Fire Department Cunningham Hall Binder >. X Kebschull jc Student Rep. j. Schmidt KSRM J" Mellish ,x ELECTRONIC COPY NOTICE 0116 2 , G ��� , N� ✓ Qsn"- R 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 19, 2012 REGULAR COUNCIL MEETING REQUESTED ADDITIONS /CHANGES TO THE PACKET AGENDA REQUESTED BY: Add To: CONSENT AGENDA None Call to Order • Proclamation Presentation "Hunger Action Month" Mayor Grnail - August report to Legislature Page 1 of 2 August report to Legislature 1 message Tim Navarre <timnavarre @gmail.com> Leslye Langla <Ilangla @agdc.us> Mon, Sep 10, 2012 at 2:34 PM To: "nenanal @nenana.net" <nenanal @nenana.net >, "Tim Navarre (timnavarre @gmail.com)" <timnavarre @gmail.com >, "t.olovana @hotmail.com" <t.olovana @hotmail.com >, "mjoyhuntington @ gmail.com" <mjoyhuntington @ gmail.com>, "obeds @doyon.com" <obeds @doyon.com >, "gregbringhurst @ gmail.com" <gregbringhurst @ gmail.com>, "jbovee @ahtna- inc.com" <jbovee @ ahtna- inc.com >, "tony.delia @tananachiefs.org" <tony.delia @tananachiefs.org >, "gaiyaan.harcharek @north- slope.org" <gaiyaa n. harcharek @north - slope. org> Cc: Leah Levinton <Ilevinton @agdc.us> Members of the ASAP Community Advisory Council, Please find the August report to the legislature attached. Looking forward to seeing all of you in Anchorage on the 20th at our office — 3301 C Street, at 1:30pm for the next Community Advisory Council meeting. Dan Fauske, President of AGDC plans to stop by and Steve Pratt from the commercial team will be attending from our office as well. Thank you again for your participation in this very important project for Alaska. See you next week, Leslye Leslye Langla I Alaska Gasilne Development Corp T 907.330.6320 I F 907.330.6302 Privileged and Confidential Communication: This electronic mail communication and any documents attached hereto may contain confidential and privileged material for the sole use of the intended recipient(s) named above. If you are not the intended recipient of this message (or if you are not authorized to receive information for the recipient) any review, use, distribution, copying or disclosure by you or others is strictly prohibited. Please notify sender by reply email or telephone and delete and /or destroy this message and all attachments. The information transmitted in this email and any attachments is intended only for the personal and confidential use of the intended recipients. This message may be or may contain privileged and confidential communications. If you as the reader are not the intended recipient, you are hereby notified that you have received this communication in error and that any retention, review, use, dissemination, distribution or copying of this communication or the information contained is strictly prohibited. The sender does not accept any responsibility for any loss, disruption or damage to your data or computer system that may occur while using data contained in, or transmitted with, this e -mail. If you have received this communication in error, please notify the sender immediately and delete the original message from your system. https: / /mail.google.com /mail / ?ui= 2 &ik =e4c61 e9fb7& view =pt &q= in:inbox &name = Inbox... 9/1 7/2012 * ** RLRSKR GRSLINE * ** DEVELOPMENT CORP. GRS FOR RLRSKRIS September 6, 2012 Members of the Alaska State Legislature Alaska State Capitol Juneau, AK 99801 Subject: August 2012 ASAP Progress Report on the Alaska Stand Alone Pipeline Dear Members of the Alaska Legislature: The ASAP project team submits the following ASAP progress report for your review. The month of August was spent furthering the work on securing the Environmental Impact (EIS) Statement and continuing the ASAP public outreach efforts. The ASAP project office continues the work on building a valuable project asset portfolio for the State of Alaska. Currently the project portfolio includes the Project Plan of Development on record with the United States Army Corps of Engineers (USACE), a project route as identified in the Draft EIS, the Project Plan as presented to the Alaska legislature in 2011, a 604 -mile State of Alaska lease Right -of -Way (including the Fairbanks lateral), tariff models, economic feasibility reports on natural gas by- products, and detailed maps and geotechnical data. More valuable assets are forthcoming late 2012 and early 2013 which include: the Final EIS, a 100 -mile Federal Bureau of Land Management (BLM) lease Right -of -Way, a BLM Record of Decision on the EIS, and a completed Section 404 Permit. These assets represent the work that the ASAP team has performed under the mandate as defined in FIB 369. Engineering Pipeline engineering efforts focused on refining pipeline cost estimates for the tariff models. Work continued on applying for the necessary environmental and land access permits for the FY 13 borehole drilling program. The facilities engineering group continued work on the solicitation for a process engineering firm to design the major facilities on the ASAP project. Work also continued on refining facilities cost estimates for the tariff models. External Affairs ASAP public outreach conducted public meetings in the following communities in August: Anaktuvuk Pass on August 9"; Willow Chamber of Commerce on August 15°", village of Nuiqsut Community Meeting on August 22n0, and a presentation to a joint Wasilla /Palmer Chamber of Commerce Meeting on August 28'". The public has shown consistent interest and consistent support of the ASAP project. The community meetings draw a large number of people demonstrating growing support for the ASAP project. Wasilla /Palmer has asked the ASAP team A L A S K A U ` A 5 L I N E D E V E L O P M E N T C O R P O R A T I O 3301 C Street, Suite 100, Anchorage 99510 Tel. 907- 330 -6300 I Fax 907- 330 -6309 1 www.agdc.us Alaska Stand Alone Gas Pipeline /ASAP September 6, 2012 Page 2 of 2 to elevate the updates to a quarterly timeframe and Nuiqsut asked that the ASAP project office return every 6 months to discuss the project. In addition to holding the meetings listed above, the ASAP public affairs team met with the Community Advisory Council on August 16d to continue discussions with representatives from the affected communities. The Council members heard from Kurt Gibson, Director of the Gas Pipeline Project Office and from Leslye Langla, Director of Public Affairs from the ASAP project, Mr. Gibson and Ms. Langla shared information from their respective offices and discussed how working together on these projects supports an energy solution for Alaskans and they agreed that continued work on a natural gas solution is in the best interest of Alaskans. The North Slope Borough joined the ASAP Community Advisory Council and has appointed Qaiyaan Harcharek to represent the North Slope Borough. AGDC entered into an agreement with Northwest Strategies to assist the project team with the development and execution of a Corporate Communications Plan. The Plan will be completed by the end of October and will assist the executive team in delivery of the ASAP project message. Regulatory ASAP project staff worked closely with the United States Army Corps of Engineers (ASACE) and third party contractor CardoENTRIX in August to provide technical and management assistance as requested to further the completion of the Environmental Impact Statement (EIS). The ASAP regulatory team worked diligently to define, address, and record all Requests for Information ( RFI's) related to the EIS. The team experienced a significant workload during this period in assigning the RFI to the appropriate project disciplines for timely responses necessary to maintain EIS momentum. Legal review of the RFI's and responses was necessary prior to assimilating the information in a common format for submitting to the USACE. The work on the EIS is moving forward albeit delayed somewhat due to the size and scope of the project and the necessary review of all materials. The project team sincerely appreciates the legislative oversight and interest in the work conducted by the ASAP project team. If there are any questions regarding the information contained in this report, please call 907.330.3600. Respectfully submitted, 0.„ Dan Fauske President, Alaska Gasline Development Corporation cc: Honorable Sean Pamell, Govemor Honorable Mead Treadwell, Lieutenant Governor State of Alaska Commissioners AGDC Board Members A L A S K A G A D E V E L O P 0.4 E N 7 C O R P O R A T! O Suite 100, Anchorage, Alaska 99503 TeL 907 -33D -6300 I Fax 907-330-6309 I www.agtic.us HUNGER ACTION MONTH TE::: L. 20.12 We feed people because no one deserves to be hungry; the KPFB's mission is to provide nourishing food to those in need requiring assistance and to promote: public awareness of hunger issues. 2 Request the Food Bank e-newsletter 9 Grandparents Day! Send a donation to the Food Bank in their honor 16 Donate a grocery store gift card to the Food Bank 3 4 Book mark our website: www.kpfoodbank.o rg 10 11 Plan a food drive. View poverty statis- We'll help at tics for your county www.kpfoodbank.or at Map the Meal g Gap 17 Ask your employer to match employee donations to the Food Bank. 23 24 Set an empty plate at your table, re- member those at risk of hunger 30 Make a financial contribution to the Food Bank 18 25 Organize a brownbag lunch with co-workers and donate your lunch money to the Food Fank 5 Post this calendar n_ .1 II / on the office fridge 12 1.3 Donate 30 nonper- ishable items to the Food Bank 19 20 Make coffee at Celebrate your home and donate birthday with a food what you would have spent to the Food Bank 26 27 Write a letter to a newspaper editor about hunger drive 7 Live a day (or a week) on a food stamp budget 14 Watch the film 30 Days an Minimum Wage 21 Fill out a paper plate to send to ou local elected offi cials 28 Register to vote or encourage others to register 1 Visit www.HungerAction Month .org 8 Organize a "Walk Against Hunger" 15 22 Honor the "Hunger Heroes" in your community 29 Coordinate a bene- fit tasting-event In 2011, the Food Bank served approximately 20,500 meals (an average of 1,700 meals per month) 1 through the on-site Soup Kitchen. Direct Service clients, those adults and children receiving federal com- modities and/or emergency food boxes, numbered 6,320 in 2011, with an average of 1,684 persons per month. Kenai Peninsula Food Bank 33955 Community College Drive Soldotna, AK 99669 262-3111 0 z W W M ca 0 ■ h � W z AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 19, 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) 1. Joseph B. Jolly -- Senior Connection / Meals on Wheels C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1 Ordinance No. 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 5 2. Resolution No. 2012 -54 -- Rejecting all Bids for the Project Entitled Kenai Boating Facility Launch Ramp Floats 2012. Pg 9 E. MINUTES 1. *Regular Meeting of September 5, 2012 Pg 11 F. UNFINISHED BUSINESS -- None G. NEW BUSINESS 1. Action /Approval -- Bills to be Ratified Pg 23 2. Action /Approval -- Purchase Orders Exceeding $15,000 Pg 25 3. Action /Approval -- 2012 Election Precinct Boards Pg 27 4. Action /Approval -- Expenditure not to exceed 510,000 for Construction of the Visitor Center Boat Cover. Pg 29 5. Action /Approval -- Mayoral Nomination and Council Confirmation of Committee /Commission /Board Members: • Andrew W. McClure to the Airport Commission Pg 31 • Jordan J. Jackman to the Parks & Recreation Committee Pg 32 • Holly Tuttle to the Beautification Committee Pg 33 • Katy Knackstedt to the Library Commission Pg 34 6. *Ordinance No. 2651 -2012 -- Waiving Certain Leasing Provisions Imposed by Kenai Municipal Code Sections 21.10.100, 21.10.170, and 21.10.090; Determining the Lease Term, and Approving the Form of Lease with Respect to Lot 7a -1, Block 2, FBO Subdivision, Located within the Airport Reserve, to the Federal Aviation Administration for the Use of an Automated Flight Service Station Pg 35 7. *Ordinance No. 2652 -2012 -- Amending Kenai Municipal Code Section 14.20.320, "Definitions," to Provide Definitions for Uses Listed in KMC 14.22.010, "Land Use Table" and to Replace the Definition of Boarding House to Better Define Boarding House in KMC 14.22.010, `Land Use Table." Pg 65 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission Pg 89 5. Parks and Recreation Commission 6. Planning and Zoning Commission Pg 93 7. Beautification Committee I. REPORT OF THE MAYOR 1. Nomination of Applicant to the Planning & Zoning Commission Pg 99 J. ADMINISTRATION REPORTS 1. City Manager Pg 105 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 -- None M. PENDING ITEMS -- None City of Kenai Council Meeting Agenda Page 2 of 3 September 19, 2012 N. ADJOURNMENT ****k A A k******************* *** * * * ** ** * *** ******* ****k** * *i A A **** ***** *** * * * * * * * * * * * ** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review Pg 141 2. 2012 Election Canvassing Board Memorandum from City Clerk Pg 143 3. Article Clip from the Peninsula Clarion Dated September 7, 2012, Regarding Appreciation of Kenai City Cemetery Groundskeeping Pg 145 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. y of Kenai Council Meeting Agenda Page 3 of 3 oeptember 19, 2012 THIS PAGE IS INTENTIONALLY LEFT BLANK the city of K NAL ALASKA 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 1S 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 identify parking areas on City -owned lands, and to charge fees for use of various parking areas; and, WHEREAS, the City's departrneni 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. 5 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 pei Witted 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 parkin," area, or as allowed by permit. (c) Parking rates for each paid narking 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 special days as designated by the City Manager or under special 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. fe) 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. Ill [(b)] 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. 6 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 7 PAT PORTER, MAYOR Introduced: September 5, 2012 Adopted: September 19, 2012 Effective: October 19, 2012 Terry Bookey / Ryan Marquis 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. 8 CITY OF KENAI RESOLUTION NO. 2012 -54 Suggested by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF ICENAI, ALASKA, REJECTING ALL BIDS FOR THE PROJECT ENTITLED KENAI BOATING FACILITY LAUNCH RAMP FLOATS 2012. WHEREAS, the following bids were received on September 11, 2012; BIDDER Base Bid Add Alter. 1 Add Alter. 2 Add Alter. 3 Peninsula Construction, Inc. j $46,000 52,000 $9,000 $15,300 Engineer's Estimate I $25,000 { an a, WHEREAS, the bid is significantly in excess of the engineer's estimate and available funds; and, WHEREAS, the City Administration will re -bid the project if sufficient funds are available; and, WHEREAS, the recommendation from. City Administration is to reject all bids. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that all bids for the project entitled Kenai Boating Facility Launch Ramp Floats 2012 be rejected. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 2012. ATTEST: Sandra Modigh, City Clerk 9 PAT PORTER, MAYOR the of KENAI, ALASKA Tillage with a Past, Ci'y with a Ftuve 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 , Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 1IIII I 1397 1/ MEM V ND UM TO: City Council THROUGH: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Directo DATE: September 12, 2012 SUBJECT: Kenai Boating Facility Launch Ramp F loats - Rejection of Bids The purpose of this correspondence is to recommend the City Council reject all bids for the above referenced project. One bid was received for this project. Peninsula Construction submitted a base bid of $46,000. This is significantly higher than the estimated $25,000 cost to replace 4 floats. Peninsula Construction provided pricing for the following additive alternates. Additive Alternate 1 - Replace galvanized hardware with stainless steel - $2,000. Add Alt 2 - Relocate 3 piles - $9,000. Add Alt 3 - Furnish and Install 3 new piles and remove 3 piles - $15,300. I contacted the other 2 contractors who attended the pre -bid conference but did not submit a bid. One contractor indicated that they declined to bid because they knew their price would be more than twice the estimated cost. The other declined to bid because they are too busy with larger projects. I discussed the design of the floats with Peninsula Construction to determine if there was any value engineering that might bring the cost down. They do not think there is a cheaper way to build them. However, the price per float may be reduced by saving on shipping materials if we replace more than 4 at once, I recommend that all bids be rejected. If sufficient funds can be identified to replace all floats in one project I recommend re- bidding. There are 11 floats on the launch ramp and 10 floats on the front of the dock. I estimate replacing all 21 floats and resetting piling to their correct locations will cost approximately $225,000. 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 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on September 5, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 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 Brian Gabriel Tim Navarre comprising a quorum of the Council. Also in attendance were: Austin Daly, Student Representative Rick Koch, City Manager Krista Stearns, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval Ryan Marquis, Vice -Mayor Robert Molloy Mike Boyle Mayor Porter noted the following changes to the agenda: • Moved item G -4: Action /Approval of the City Attorney Contract to L -2 after executive session, MOTION: Council Member Bookey MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT, Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 11 4. Consent Agenda Mayor Porter reported a lay -down memorandum from the City Clerk to be included in the packet accompanying agenda item E -1: Special Meeting Minutes of August 27, 2012, advising of a correction of the minutes prior to the approval of the consent agenda. MOTION: Council Member Molloy MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE: There being no objections, SO ORDERED. *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 - None. C. UNSCHEDULED PUBLIC COMMENTS Buck Steiner, resident of Vintage Pointe Manor in Kenai, requested Council review the rents increase matter closely prior to making a decision, Mr. Steiner read into the record a letter from Shelia Phillips in opposition of Resolution 2012 -47. Barbara Seybold, resident of Vintage Pointe Manor in Kenai, spoke in opposition of Resolution No. 2012 -47. Steve Hillyer, resident of Vintage Pointe Manor in Kenai, spoke in opposition of Resolution No, 2012 -47. Joan Kirkham, resident of Vintage Pointe Manor in Kenai, thanked Council for listening to residents related to the proposed rents increase, suggested the increase in increments over a period of time systematically, and recommended the City Manger meet with the residents to discuss options. Connie Carlson, Kenai, spoke in opposition of Resolution No. 2012 -47. Lynda Smith, resident of Vintage Pointe Manor in Kenai, spoke in opposition of Resolution No. 2012 -47 and reviewed what she thought was a "padded" detail of expenses needed for the facility. City of Kenai Council Meeting Minutes Page 2 of 11 September 5, 2012 12 Kellie Kelso, 117 Walker Lane, Kenai, requested Council make a decision on Resolution No. 2012 -47 and not further postpone; spoke in favor of keeping seniors in Kenai. 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. [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.] City Manager Koch requested Council postpone approval of Resolution No, 2012 -47 until the December 5, 2012 meeting to allow administration time to further research proposed rents increase options. Council Member Bookey noted postponement would defeat the resolution as all pending legislation, pursuant to KMC, is cleared from pending status in October after certification of the City election. Council Members Molloy and Boyle spoke in opposition of the resolution and Molloy advised he'd prefer to see this item back before Council as a discussion item versus legislation. Council Member Navarre and Mayor Porter agreed to vote in opposition of the current resolution with the intent and understanding of having this matter brought back before Council at a later date. Council Member Gabriel thanked all attendees from Vintage Pointe Manor for attending the meeting and thought it was important to hear the residents enjoy the living facility and want to participate in future discussions. VOTE ON MAIN MOTION (motion. to approve Resolution No. 2012 -47 on the floor from 08/ 01/ 12 meeting): YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter *Student Representative Daly: NAY MOTION FAILED. of Kenai Council Meeting Minutes Page 3 of 11 :ember 5, 2012 13 MOTION: Council Member Navarre MOVED to direct administration to continue working on Vintage Pointe Manor rents increase options to be brought back to Council during a work session. Council Member Gabriel SECONDED the motion. City Manger Koch advised his intent was to continue working on the matter by incorporating meetings with the administration from the Senior Center and residents of Vintage Pointe Manor. VOTE: YEA: Bookey, Gabriel, Navarre, Porter NAY: Boyle, Molloy, Marquis *Student Representative Daly: YEA MOTION PASSED. 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. • Substitute Ordinance No. 2646 -2012 MOTION: Council Member Molloy MOVED to enact Substitute Ordinance No. 2646 -2012 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 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. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2647 -2012 and Vice - Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Minutes Page 4 of 11 September 5, 2012 14 Mayor Porter opened the floor for public comment, there being none, public comment was closed. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 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 14.20. MOTION: Vice -Mayor Marquis MOVED to enact Ordinance No. 2648 -2012 and Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. Council Member Molloy thanked the Planning &, Zoning Commission and administration for Ordinance No. 2648 -2012. YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 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. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2649 -2012 and Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment, there being none, public comment was closed. of Kenai Council Meeting Minutes Page 5 of 11 ember 5, 2012 15 VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. 6, Resolution No. 2012 -52 -- 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. MOTION: Vice -Mayor Marquis MOVED to adopt Resolution No. 2012 -52 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. 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. MOTION: Vice -Mayor Marquis MOVED to adopt Resolution No. 2012 -53 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. Council and administration discussed clarification of items not outlined in the contract. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of August 15, 2012 2. *Special Meeting of August 27, 2012 Meeting minutes were approved on the consent agenda. F. UNFINISHED BUSINESS -- None City of Kenai. Council . Meeting Minutes Page 6 of 11 September 5, 2012 16 G. NEW BUSINESS 1. Action /Approval -- Bills to be Ratified 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. 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. Administration reported on the increase to Casey Planning. VOTE: There being no objections, SO ORDERED. 3. Action /Approval -- Confirm the City Manager's Appointment of Acting City Attorney City Manager Koch appointed Cary Graves of Gilman and Associates, LLC as Acting City Attorney, effective September 6, 2012. MOTION: Council Member Molloy MOVED to confirm the City Managers appointment of the Acting City Attorney Cary Graves and requested UNANIMOUS CONSENT. Vice -Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. *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 Peiiuits. Ordinance No. 2650 -2012 was introduced on the consent agenda and public hearing scheduled on September 19, 2012. 11. COMMISSION /COMMITTEE REPORTS 1. Council on Aging -- next meeting scheduled on Thursday, September 13, 2012. of Kenai Council Meeting Minutes imber 5. 2012 17 Page 7 of 11 2. Airport Commission -- September meeting was cancelled. 3. Harbor Commission - next meeting schedule on Monday, September 10, 2012. 4. Library Commission -- the following was discussed at the September 4, 2012 meeting: Goals and objectives • Winter hours • Capital Improvements • November 3, 2012 Friends Event at the Senior Center • New system to download free music 5. Parks and Recreation Commission -- Special Meeting scheduled on Thursday, September 6, 2012. Mayor Porter advised of a student representative applicant to be provided in the next meeting packet for appointment nomination and confirmation. City Manager Koch noted Beaver Loop Park would be discussed at the special meeting and that notification was sent to residents for requested participation in the meeting. 6. Planning and. Zoning Commission -- the following was noted of the August 22, 2012 meeting: • Preliminary Land Use Plan for public review • Mix -Use Corridor • Comment on the Comprehensive Plan update • Approved an Assisted Living Facility Conditional Use Permit 7. Beautification Committee -- next meeting scheduled on Tuesday, September 11, 2012. I. REPORT OF THE MAYOR 1. Karen Koester. Resignation from the Planning & Zoning Commission • Mayor sent letter on behalf of City expressing gratitude for services. Mayor Porter reported on the following: • Nomination of Planning & Zoning Commission member at the September 19 meeting. • Attended Love Incorporated meeting • Welcomed the Archer Drilling Group • Working with the Historical Society to purchase lumber from the deconstruction of Columbia Wards Fisheries Warehouse to build a cover for the boat at the Visitor Center • Attended the late Marilyn Dimmick funeral service City of Kenai Council Meeting Minutes Page 8 of 11 September 5, 2012 18 • Participated in Industry Appreciation Day Identified the City Attorney Candidate Scott Bloom in attendance at the meeting. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Expressed Appreciation of Planning & Zoning Commission and administration for their hard work on the Comprehensive Plan Update • Update on City's Insurance Services Organization status • New Assisted Living Facility and impacts on the City's public safety services • Alaska Department of Transportation Commissioner Luiken resignation • Buccaneer well project update • Dip Net Fishery fees discussion during the next budget cycle 2. City Clerk ▪ Update on City Election • Absentee In- Person voting begins September 17, 2012 • Corey out of the office K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) There was no one in attendance who wished to speak. 2. Council Comments Council Member Boyle had no comment. Council Member Molloy thanked former P &Z Co her services to the City. Vice -Mayor Marquis had no comment, Student Representative Daly had no comment. Council Member Bookey had no comment. Council Member Gabriel had no comment. sioner Koester for Council Member Navarre thanked Commissioner Koester for her services on the P&Z Commission; expressed thoughts and prayers for family of young man who passed at Daubenspeck Park; thanked Parks & Recreation for participation at Industry Appreciation Day. of Renai Council Meeting Minutes Page 9 of 11 :ember 5, 2012 19 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) ) MOTION: Vice Mayor Marquis MOVED to enter into executive session 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 to discuss the city attorney contract and negotiation [AS44.62.310(c)(1)(2)], and invited Scott Bloom to participate. Council Member Bookey SECONDED the motion. VOTE: YEA: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter NAY: *Student Representative Daly: YEA MOTION PASSED UNANIMOUSLY. Council entered into executive session at 8:22 p.m. Council reconvened in open session and Vice -Mayor Marquis reported the Council discussed contract negotiations for the new City Attorney in executive session. 2. Action /Approval -- City Attorney Contract [Clerk's Note: During discussion of this agenda item council may move to suspend the rules to convene in executive session pursuant to A S4 4.62.310 (c) (1) (2),l MOTION: Vice -Mayor Marquis MOVED to set the City Attorney's salary at $120,000 and to authorize the Mayor to sign the contract as presented. Council Member Bookey SECONDED the motion. VOTE: YEA: NAY: Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre, Porter MOTION PASSED UNANIMOUSLY. M. PENDING ITEMS -- None N. ADJOURNMENT City of Kenai Council Meeting Minutes Page 10 of 11 September 5, 2012 20 There being no further business before the Council, the meeting was adjourned at approximately 9:00 p.m. Minutes prepared and submitted by: Sandra Modigh, CMC City Clerk The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the ouicorne of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. of Kenai Council Meeting Minutes tember a. 2022 21 Page 11. of 11 THIS PAGE IS INTENTIONALLY LEFT BLANK 22 0 1- U C] • n W Z �. 2 W' O m. w !W- o Q: o W o N 0 o LL N 0 r • z W o • W J 2 W U 0 a C 23 THIS PAGE IS INTENTIONALLY LEFT BLANK 24 PROFESSIONAL SERVIC RECREATION E RINK SERVIC CD. IR & MAINTENANCE < LU 0 ALASKA SURE SEAL 25 THIS PAGE IS INTENTIONALLY LEFT BLANK 26 MEMORANDUM 1/llaye with a Past, Gity with a Futuren 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Mayor and Council Members FROM: Sandra Modigh, City Cl DATE: September 11, 2012 RE: OCTOBER 2, 2012 REGULAR CITY ELECTION, Appointment of Precinct Election Boards The individuals listed below have agreed to work on Election Boards for Kenai Precincts 1, 2, and 3. Pursuant to KMC 6.05.040, all the persons listed are qualified voters of the City. KMC 6.05.040 requires City Council appoint the members of the election boards. Kenai No. 1, 29 -210 Kenai No. 2, 29 -230. Kenai No. 3, 29 -240 Eileen Bryson, Chair Betty Glick, Chair i Mary Troy Castimore, Chair Rita Smagge Dallas Armstrong Roseanne Sheldon Sharon Efta Deborah A. Ful.linck Ruby Cobus Sheila Phillips 1 Dean Castimore June Harris Lucy Barton Carl S. Glick Marlene Frates Appointment of the Election Precinct Boards as outlined above is requested. 27 THIS PAGE IS INTENTIONALLY LEFT BLANK 28 ��l/iffa e with a Past, Gi y with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: September 13, 2012 SUBJECT: Action /Approval- Expenditure Mot -to- Exceed $10,000 for Construction of the Visitor Center Boat Cover. The purpose of this correspondence is to request your approval of the above referenced expenditure. Included in the adopted FY2013 GF budget, Department 45 Parks, Recreation & Beautification, Account Number 4538 Repairs and Maintenance, is a line item "Leif Hansen Memorial Park Veterans Wall & Sidewalk" for $25,000. The entire amount of this appropriation is no longer required as a result of G & H Construction donating the demolition and construction of new concrete flatwork at the Veterans Memorial. IL' 1992 As a result there is sufficient funding within this line item to fund a proposed city share (50 %) of a project undertaken by the Kenai Historical Society to construct a roofed cover over the fishing boat at the Visitor's Center. The proposed structure will incorporate historical building materials which were part of a large warehouse located at Kenai Landing. This project is to the benefit of the City because it will protect the fishing boat at display at the Visitor's Center, and has been discussed for many years. Approval of this item will not require additional funding, nor the transfer of funding within the adopted budget. Thank you for your attention in this matter. 29 THIS PAGE IS INTENTIONALLY LEFT BLANK 30 2012-08-22 08:24 r Kenai AFSVadmin) 907-283-4391 » 9072835068 P 1/1 11 OF KEN ,AI REciavorygge, ith pi - City floor," ger RENAL WAWA DATE: K1-1-^lt NAY CITY CLERK 04a-R1 k igt lesidont tilg City 61Kesest• . 0 'PMENT COMMITTRES AND, KD AND PERSONAL wrei, I IONS to nut rtP CLURK ZIG FIDALGO AIIMNUE, RENAL MC •96I yliet4r,4 2S7ia!3 tXT, 231 FAL? 2/13.5068 litON loge , Re'vldeber"D ^?kddremg _arti...,...:tisiLlas4.-rAp4i4 ..,.04,talm.,,.„2111:,. tOtalling adthRRS EitY.Mt l't 1 ..."e 2ik PRAsFRNo 14,Z Z14 SN „ , A.a„,,.,,,,,„„..,,,„„.,,,,„,,E:Mil AddruAG 4430 riiG3ARI!tAdite4t C.fii.o.P.; .1.142(.... maY vet nclie yttpr esnamtt i&..3607:7ti01411. 05MW6b re.? ALL If mat 30. what Aeurmatio, 1W( Wt / CRIPLOYER",. FAA. Job Ilt^i:A t2gpprit ts ACICA24,Art NAAR UP MUM ,AV,,M^JV CunTnit nuaRiAnnhis in citgoniattia3G. e„t'liti.,./kAra,,.1 g 4444PILApoi.g;,,.. Pith/ omAniationAt enC1411bOrships:, kih Sic.);^t COMAUTTEEN cm COMMISIRON6; IN Val/GU VUU at. It:Tim:37ra: WW DO YOU WANT TO RE,IIKV01„,yED WVER111116 GONfRUSULO, 0I4 cOLURITTER? af,criae•Li,,t,,,zzottaac) e GMAT BACKGROUND,IO2PURIEKCE, OR CaLTANTIALS rio KOU ?OMSK TO RUING to 11U BOARD, CONXIRSIOA OR COX4LITTRA. wametmn,_ Arev"Ant....-4,'42S7.1.4*.,get.4M4M;Astiga€4,, jcluz,,,d 44,1 esera • p27,- dflane.- elcit4241a1 (R3tRia4 AAR ' 31 the dip( KENAI. IBASKil RETURN TO: \y„,7 KENAI •CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 CITY OF RINAT "Village with a past — aty with a future.." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTIVIENT COMMITTEES AND COMMISSIONS PHONE: 283-7535, EXT, 231 FAX: 283-5068 DATE: prkagg; mr24-1 •Resident of the City of Kenai? How long? 17 Residence Address 1506 F: or^ ©v. Lit 44,7 e Mailing Address PO 22a x r F?" 4n& e t get& Home Telephone No. (OI 32 Home Fax No. w/ Business Telephone No (P10 7 ) 96? - 29 5 Business Fax No it: k. Email Address' fora; oi r 17 t,J 4111 a e;: eOPIne,, lielaY we include your contact information an our web page? (ALL If noCall, what information may we include? EMPLOYER: hiH e ;7+ e 'en it'll...1C CI Job Title b..1; NAME OF SPOUSE: " I 1-1 Current rnenibership it organizations: (T UV rtnflu n a norsa .:--fenc 15 s: Past organizational :memberships: Pact?. meneiher 24 kfi. ti ASS; ' traria tAshi-ct COMMITTEES .OR COIYINKSSIONS:IN WHICHYOU AR INTERESTEfl :. POrtS and k.ec CattitnittLiA on.S. WHY DO Tau WANT TO RE INVOLVED WITH THIS COMMISSION OR COMMITTEE? wou :OW -r Lt r),70 Li vet,/ ,t aji frejfn (PO Leee1eiji ijCee-C re■ 4 ad ejV 47O kThfr Ire rf .]rer; , 2:1', -4611rn !,,,,yiLe "-fe' 3 Cl/Ter:Ft- - )00 :Cqk't e^j ch'1/21.1", I '''Sj-Lej aer jejir „ -tro g ,71` ji rk kW Cyr VariAT BA( KGROUITD, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE notam, COMMISSION OR COMMITTEE MEMBERSHIP? — "7-- ern r; '"),,Eryt; \e".' j`e,P r -;,O e-Ons.etee e!qe± k`e2.=e C.? + 7 ry) 0-; 0.r in' rrP, c- , ...4c91;a2.'4{./ Je?",,:."),t.ard%4.6t.? nature 32 the wy of KENAI. S DATE: Resident of the City of Kenai? 5 How long? NE">,S, ; r q9).4) (4 NAME: CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED AUG 2 2 2012 KENAI CITY CLE RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 Residence Address \IJ Mailing Address Q QAA, P\ etc1(€ )Home Telephone No R6-1 o l 7 yy Home Fax No. Business Telephone No Business Fax No, Email Address' Nrl\ � > -1 —\-x ee n me C.e.rrm May we include your contact information on our web page? If not all, what information may we include? EMPLOYER: NAME OF SPOUSE: Current membership in organizations: Job Title Past organizational memberships. 0 \-Q G r' FT;6 OC:S''' ji).✓tCt f VGc-;PCq e' \`Air_>I\lR QY7�,n'f3 'lo C �vi� lh7 ig Cx \CA.e.. c-h-'1 € Q,c n y 09 \Pro, oivi Gtilr�g C.l l COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 10.nti WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? c'. V$ iJ'.' ` �vi {\ '. Gam.`: `I ,-n Ali{ K& \QS. `(L' cr) -COt�k { f .N r, WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? n.} Ac (Lc ; n.. �rr.�.� =`v rv.Q ..sSe.\ �a=. \� =tik4 Q'�v��; C. db Al rw� Vr�vGt,c, �S, t carn r a e • ee c 33 the dly of KE AL ALASKA DATE: ,`J - -�(� NAME: S VELI ClY\FnC.N.`j1(PCA Resident of the City of Kenai? Residence Address CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED SEP 12 2012 KENAI CITY CLERK RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283-5068 i`yas \.'.{'e- How long? V-1 U € et-PS Mailing Address \kD, * \cy.IN\U L ...`7)\-2.Ck `w, O lv\t -: \, w>llome Telephone N 7-56t3-5 Horne Fax No. Business Telephone No Business Fax No Email Address: May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYER: Job Title 'i ° -V\ \ NAME OF SPOUSE' \ \ ✓ Current membership in organizatians• jjtt itov\o -\ =\ov\ot'S Scici Eve Past organizational memberships: COMMITTEES OR COMMISSION'S IN WHICH YOU ARE INTERESTED: �,CCCr U vrori'S51t,A WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? k he_ 'n t rVoAj& « Coww�,yuv', ti. h cA o€ 4'.�^ CV +�CSev rC.'f,u2 n WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Z 'mss •,, fT Qrs \,Lt v.o. '.r k\-t. rrr,n SL \ \.. oP Co`oi,c Se F^LX -V, & ( DW erk1- iut \le So 1- ,e<795€55 P.x� ° 3✓ C e 5 � P C nnA :.J k h i-ln o.k Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2651 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING CERTAIN LEASING PROVISIONS IMPOSED BY KENAI MUNICIPAL CODE SECTIONS 21.10.100, 21.10.170, AND 21.10.090; DETERMINING THE LEASE TERM; AND APPROVING THE FORM OF LEASE WITH RESPECT TO LOT 7A -1, BLOCK 2, FBO SUBDIVISION, LOCATED WITHIN THE AIRPORT RESERVE, TO THE FEDERAL AVIATION ADMINISTRATION FOR THE USE OF AN AUTOMATED FLIGHT SERVICE STATION. WHEREAS, in 1983, when the Federal Aviation Administration (FAA) decided to decommission flight service stations around the state, the City of Kenai submitted a proposal for an automated flight service station to be constructed by the City and located in Kenai on Lot 7A -1, Block 2, FBO Subdivision; and, WHEREAS, on June 10, 1983, the Federal Aviation Administration (FAA) entered into a lease with the City for the Automated Flight Service Station (AFSS) for an annual rent of 51.00 per year and providing for twenty, one -year extensions to September 30, 2027 under the same terms; and, WHEREAS, on May 6, 2010, the City submitted a lease proposal that was subsequently accepted by the FAA and that was based on an independent appraisal that analyzed the City -owned office space and property for the purpose of estimating market rent and which determined a lease rate of $10,000,00 per month; and, WHEREAS, on February 8, 2012, the FAA submitted the proposed lease on its Standard Space Lease Form which includes rent in the amount of $10,000.00 per month for a term of ten (10) years as well as the requirement that the City meet all Architectural Barriers Act Accessibility (ABAAS) requirements within twelve (12) months; and, WHEREAS, pursuant to KMC 21.10.100, 21.10.160, and 21.10.170, the rental rate for land within the Airport Reserve shall be determined by a zone -based square foot lease rate, which values lease lots as -if vacant with no consideration of existing buildings; and, WHEREAS, pursuant to KMC 21.10.090, the length of term for a lease granted for land within the Airport Reserve shall be based on the amount of investment the applicant proposes unless the City determines a shorter lease teiui is in the best interest of the City; and, WHEREAS, pursuant to KMC 21.10.150(b), the City Manager may deviate from the standard lease fouu adopted under Code, if the Manager believes the action is in the best interest of the City and the form is approved by the City Attorney; and, New Text Underlined [DELETED TEXT BRACKETED] 35 Ordinance No. 2651 -2012 Page 2 of 2 WHEREAS, the City Manager believes that rent in the amount of $10,000.00 per month for a term of ten (10) years as proposed on the FAA's Standard Space Lease Form is in the best interests of the City and the fo has been approved by the City Attorney; and, WHEREAS, the Council of the City of Kenai finds that in this instance waiving the provisions of KMC 21.10.100, 21.10.170, and 21.10.090 is in the best interests of the City of Kenai; and, WHEREAS, the Council of the City of Kenai finds that rent in the amount of $10,000.00 per month for a term of ten (10) years as proposed on the FAA's Standard Space Lease Form is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Waiver of Ordinance Requirements: The Council of the City of Kenai waives the following leasing provisions of the Kenai Municipal Code as it applies to the lease of Lot 7A -1, Block 2, FBO subdivision, located within the Airport Reserve, to the FAA for the use of an automated flight service station only: KMC21.10.100, 21.10.170, and 21.10.090 with respect to rental rate determination, otherwise requiring the rental rate to be determined by a zone -based appraisal. Section 2. Determination of Lease Term: The Council of the City of Kenai determines that a ten (10) year lease teiui for Lot 7A -1, Block 2, FBO subdivision, located within the Airport Reserve, to the FAA for the use of an automated flight service station is in the best interests of the City. Section 3. Approval of Lease Form. The Council of the City of Kenai approves the Standard Space Lease From utilized by the FAA for the lease of Lot 7A -1, Block 2, FBO subdivision; located within the Airport Reserve, to the FAA for the use of an automated flight service station. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of October, 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: September 19, 2012 Adopted: October 3, 2012 Effective: November 3, 2012 New Text Underlined. DELETED TEXT BRACKETED 36 "Villaae with a Past, Cc `ty with a &tare" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 - 283 -3014 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: September 12, 2012 SUBJECT: Automated Flight Service Station Lease Ordinance No. 2651 -2012 The City has received a request for a renewal of the FAA's lease of the Automated Flight Service Station (AFSS). The FAA has leased this property for the purpose of operation the AFSS and SACOM facilities dating back to 1983, when the City first entered into a lease with the FAA for an annual rent of $1.00 per year. The attached lease proposal includes rent in the amount of $10,000.00 per month for a term of ten years as well as a requirement that the City meet all Architectural Barriers Act Accessibility (ABAAS) requirements within twelve months. The City Manager recommends Council approval of Ordinance 2651 -2012. 1991 The attached proposed lease as well as a draft copy of Ordinance No. 2651 -2012 is scheduled on the September 26 Planning Commission Agenda for review and comment. The Airport Commission has previously reviewed and discussed the lease with Administration. An infonnational copy will be provided in their next Commission packet. The recommendations of the P & Z Commission will be forwarded to the City Council at its October 3 Council Meeting for consideration in conjunction with the public hearing on Ordinance No. 2651 -2012. Attachments 37 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION LEASE for Real Property Lease No: DTFAWN- 13 - L - 00002 Geographical Location: Kenai, Alaska 99611 Section 1- SPACE LEASE: 1. THIS LEASE, entered into by and between the City of Kenai whose interest in the property hereinafter described is that of owner, hereby referred to as LESSOR, and the United States of America, hereinafter referred to as the GOVERNMENT OR FAA: WITNESSETH: The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: 2. DESCRIPTION - The Lessor hereby leases to the FAA the following described premises: 7A -1, Block 2 FBO Subdivision No. 5, according to Plat No. 92 -60, in the Kenai Recording District, Third Judicial District, State of Alaska. Comprising more or less 3.445 acres, and a 3.214 acre building restriction clear zone easement, which will be utilized for the Automated Flight Service Station (AFSS) building which contains 10,812 square feet of space, and Satellite Communications Center (SACOM) Facilities at 470 North Willow Street, Kenai, Alaska. 3. TERM - To have and to hold, for the term commencing on October 1, 2012 and continuing through September 30, 2022 inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals. This lease succeeds lease number DTFAAL -08 -L- 00001, which expires on September 30, 2012. 4. CANCELLATION - The GOVERNMENT may terminate this lease at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government, on or after December 31, 2012 by giving at least 120 -day's notice in writing to the Lessor. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. RENTAL - Rent in the amount of $ 10,000.00 per month shall be payable to the Lessor in arrears and will be due on the first workday of each month without the submission of invoices or vouchers. Subject to available appropriations. Rent shall be considered paid on the date a check is dated or an electronic funds transfer is made. Rent for a period of less than a month shall be prorated. Checks will be made payable to: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7750 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -13 -L -00002 OMB Control No. 2120-0595 Page 1 of 16 38 6. SERVICES AND UTILITIES (To be provided by Lessor as part of rent. Services shall be Building Standard, unless level of service is prescribed elsewhere in the lease.) Services, utilities, and maintenance will be provided daily, extending from 6 a.m. to 6 p.m. except Saturday, Sunday, and Federal holidays. Services supplied to technical equipment shall be supplied 24 hours a day, and seven days a week. The GOVERNMENT shall have access to the leased premises at all times, including the use of electrical services, toilets, lights, elevators, and GOVERNMENT office machines without additional payment. HEAT ONLY 72 DEG ELECTRICITY SPECIAL POWER — NOTED BELOW WATER (hot & cold) SNOW REMOVAL TRASH REMOVAL CHILLED DRINKING WATER HVAC — 68 -72 DEG. F DAILY TOILET SUPPLIES & CLEANING DAILY JANITORIAL SERV. & SUPPLIES GROUND MAIN I LNANCE WINDOW WASHING — Frequency twice yearly CARPET CLEANING — Frequency every 3 years INITIAL & REPLACEMENT LAMPS, TUBES, & BALLASTS PAINTING — Frequency (5) five years Space Frequency (10) ten years Public Areas OTHER (SPECIFY) parking lot stripping (3) three years Section 2 - GENERAL CLAUSES: 7A. INSPECTION (10/96) - The GOVERNMENT reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the GOVERNMENT tenants and the Lessor's performance under this lease. The GOVERNMENT shall have the right to perform sampling of suspected hazardous conditions. 713. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased premises is untenantable as determined by the GOVERNMENT, the GOVERNMENT may terminate the lease, in whole or in part, immediately by giving written notice to the Lessor and no further rental will be due. 7C. MAINTENANCE OF THE PREMISES (10/96) - The Lessor shall maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. 2.6.8 Standard Space Lease Form KEN AI April 2010 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 Page 2 of 16 39 The lessor shall recoat /replace the roof in 2013, and recoat every ten years thereafter. 7D. FAILURE IN PERFORMANCE (1.0/96) - In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the GOVERNMENT may perform the service, provide the item, or meet the requirement, either directly or through a contract. The GOVERNMENT may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute default by the GOVERNMENT on this lease. 7E. DEFAULT BY LESSOR (10/96) - (1) Each of the following shall constitute a default by Lessor under this lease: (a) 11 the Lessor fails to perform the work required to deliver the leased premises ready for occupancy by the GOVERNMENT with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time. (b) Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other requirement of this lease as and when required provided such failure which shall remain uncured for a period of time as specified by the Real Estate Contracting Officer, following Lessor's receipt of written notice thereof from the Real Estate Contracting Officer. (c) Repeated failure by the Lessor to comply with one or more requirements of this lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this clause. (2) If default occurs, the GOVERNMENT may, by written notice to the Lessor, terminate the lease in whole or in part. 7F. COMPLIANCE WITH APPLICABLE LAWS (10/96) - The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner or lessor, or both, of building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. This lease shall be governed by Federal law. 7G. ACCEPTANCE OF SPACE (8/02) — This property is presently being leased and occupied by the Government. This lease supersedes lease agreement DTFAAL -08 -L- 00001. For the purposes of this lease the Government accepts the premises for occupancy, contingent upon all ABAAS requirements being met within twelve (12) months of the commencement date of this Lease, or earlier. 71-I. ALTERATIONS (10/96) - The GOVERNMENT shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remains the property of the GOVERNMENT and may be removed or otherwise disposed of by the GOVERNMENT 2.6.8 Standard Space Lease Form KEN AI April 2010 DTFAWN -13 -L- 00002 OMB Control No. 2120 -0595 40 Page 3 of 16 subject to the Lessor's approval not to be unreasonably withheld. The Parties hereto mutually agreed and understood, that no restoration rights shall accrue to the Lessor for any alterations to the leased premises under this lease, and that the GOVERNMENT shall have the option of abandoning alterations in place, when terminating the lease, at no additional cost. 7I. ACCESSIBILITY (10 /06) - The Building and the leased premises shall be accessible to persons with disabilities pursuant to the Architectural Barriers Act and Rehabilitation Act as detailed in the Architectural Barriers Act Accessibility Standards (ABAAS) 41 CFR Parts 102 -71, 102 -72, et.al and all applicable state and local accessibility laws and regulations. 77. CHANGES (8/02) (I) The Real Estate Contracting Officer may at any time, by written order, make changes within the general scope of this lease in any one or more of the following: Work or services; Facilities or space layout; or Amount of space, provided the Lessor consents to the change. (2) If any such change causes an increase or decrease in Lessor's cost of or the time required for performance under this lease, whether or not changed by the order, the Real Estate Contracting Officer shall modify this lease to provide for one or more of the following: An equitable adjustment in the rental rate; A lump sum equitable adjustment; or An equitable adjustment of the annual operating costs per Occupiable square foot specified in the SFO. (3) The Lessor shall assert its right to an adjusnnent under this clause within 30 days from the date of receipt of the change order and shall submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Protest and Disputes clause. However, nothing in this clause shall excuse the Lessor from proceeding with the change as directed. (4) Absent such written change order, the Government shall not be liable to Lessor under this clause. 7K. OFFICIALS NOT TO BENEFIT (10/96) - No member of or delegate to Congress, or resident commissioner, shall be a.dm.itted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 7L. COVENANT AGAINST CONTINGENT FEES (8/02) - The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the GOVERNMENT shall have the right to 2.6.8 Standard Space Lease Form KENA1 April 2010 DTFAWN -13 -L -00002 OMB Control No, 2120 -0595 Page 4 of 16 41 annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. 7M. ANTI- KICKBACK (10/96) - The Anti- Kickback Act of 1986 (41 U.S.C. 51 -58) (the Act), prohibits any person from (I) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 7N1. CONTRACT DISPUTES (11/03) (a) All contract disputes and arising under or related to this lease contract shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A Lessor may seek review of a final FAA decision only after its administrative remedies have been. exhausted. (b) All Contract Disputes shall be in writing and shall be filed at the following address: Office of Dispute Resolution for Acquisition, AGC -70, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 323, Washington, DC 20591, Telephone: (202) 267 -3290, Facsimile: (202) 267 -3720 (e) A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to he filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. 7N2. PROTEST (11/03) (a) Protests concerning Federal Aviation Administration Screening Information Requests (SIRs) or awards of lease contracts shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C.. 46110 and shall apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative remedies have been. exhausted. 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -I3 -L -00002 OMB Contra! No. 2120 -0595 Page 5 of 16 42 (b) Offerors initially should attempt to resolve any issues concerning potential protests with the Real Estate Contracting Officer (RECO). (c) Protests shall be in uniting and shall be filed at: Office of Dispute Resolution for Acquisition, AGC -70, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 323, Washington, DC 20591, Telephone: (202) 267 -3290, Facsimile: (202) 267 -3720 (1) At the same time as filing the protest with the ODRA, the protestor shall serve a copy of the protest on the Real Estate Contracting Officer (RECO). (2) (d) A. protest is considered to be filed on the date, it is received by the ODRA. and shall be filed: (i) Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or (ii) If the protester has requested a post - award debriefing from the RECO, not later than five (5) business days after the date on which the RECO holds that debriefing. The full text of the Protest clause is incorporated by reference. Upon request the full text will be provided by the RECO. 70. EXAMINATION OF RECORDS (8/02) - The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this contract. 7P1 - PAYMENT BY ELECTRONIC FUND TRANSFER (OCT -06): (a) Method of payment. I. All payments by the Government under this contract will be made by electronic funds transfer (EFT), except as provided in paragraph (a) (2) or (a) (3) of this lease. As used in th.i.s clause, the term "EFT" refers to the funds transfer and may also include the payment information. transfer. Payment information transfer refers to the payment information normally sent with a payment to assist the contractor in associating the payment to specific contracts. 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 Page 6 of 16 43 2. In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either; a. Accept payment by check or b. Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). 3. In the event that the Contractor is granted a waiver from EFT under the exceptions as provided for in FAA AMS Section T3.3. I .A -7, the Government payments will be made by check. A waiver from EFT is not permanent, and the Contractor must register for EFT when the circumstances that justified the waiver change. (b) Contractor's EFT information. The Government will make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor will be responsible for providing the updated information to the CCR database (Reference Clause, "Central Contractor Registration - Real Property- "). If the Contractor is granted an exemption from CCR, the contractor will follow the requirements of alternate clause "Contractor Payment Information. - Non - CCR". (c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. (d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Govemtn.ent is not required to malce payments to the Contractor under this contract until correct EFT information is entered into the CCR database, and any invoice or contract financing request submitted during this period of noncompliance will be deemed not to be a proper invoice for the purpose of prompt payment under this contract. In such instances, the late interest payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e) Liability for incomplete or erroneous transfers. I. If an incomplete or erroneous transfer occurs because the Goverment used the Contractor's EFT information incon-ectly, the Government remains responsible for, 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 44 Page 7 of 16 (i) Making a correct payment; (ii) Paying any late payment penalty due; and (iii) Recovering any erroneously directed funds. 2 If an incomplete or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and, (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government will make payment under the provisions of paragraph (d)) "Suspension of Payment ". (f) EFT and payment terms. A payment will be deemed to have been made in a Timely manner in accordance with the payment terms of this contract if, in the EFT payment transaction instruction released to the Federal. Reserve System, the date specified for settlement of the payment is on or before the payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract, as provided for in the assignment of claims terms of this contract, the Contractor will require that the assignee register separately in the CCR database and that the assignee agree that payments will be made by EFT in accordance with the terns of this clause. The requirements of this clause will apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor or the CCR registered assignee is incorrect EFT information within the meaning of paragraph (d) "Suspension of Payment" clause. (h) EFT and Change of Name or Ownership Changes. if the Contractor transfers ownership of the property under lease or changes its business name, it will follow the requirements of section (g) of clause, "Central Contractor Registration. - Real Property ". (i) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN-13-L-00002 OMB Control No. 2120 -0595 45 Page 8 of 16 6) Payment information. The accounting office will forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. The Contractor can obtain detailed payment information by registering for the US Treasury PAID system. This can be done on the interact by logging onto the website: https: / /frnsapps.treas.gov /paid /. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government will mail the payment information to the remittance address contained in the contract and CCR database. 7P2 - CENTRAL CONTRACTOR REGISTRATION - REAL PROPERTY (OCT -06) The FAA uses the Central Contractor Registration (CCR) system as the primary means to maintain Contractor information required for payment under any FAA contract. (a) Definitions. As used in this clause for: (1) "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. (2) "Contractor" is synonymous with "Lessor" for real property leases or other contracts (3) "Data Universal. Numbering System (DUNS) number" means the 9 -digit number assigned by Dun and Bradstreet, Inc. (D &B) to identify unique business entiti es. (4) "Data Universal Numbering System +4 (DUNS +4) number" means the DUNS number assigned by D &B plus a 4- character suffix that may be assigned by a business concern. (D &B has no affiliation with this 4- character suffix.) This 4- character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern. (5) "Registered in the CCR database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS +4 number, into the CCR database. (b) By submission of an offer, the offeror acknowledges that: (1) A prospective awardee will be registered in the CCR database prior to award, during performance, and through final payment. (2) The offeror will enter, in the space provided on the clause, Contractor Identification Number Data Universal Numbering System (DUNS) Number - 2.6.8 Standard Space Lease Form April 2010 OMB Control No. 2120 -0595 46 KENAI DTFAWN -13 -L -00002 Page 9 of 16 Real Propertyi, the offerors DUNS or DUNS +4 number that identifies the offerors name and address exactly as stated in the offer. The DUNS number will be used . by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it will contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number: (1) If located within the United States, by calling Dun and Bradstreet at 1 -866- 705 -5711 or via the Internet at http: / /www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror will be prepared to provide the following information: (i) Company* legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address; City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer /key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). * individual (non- corporate) Lessors of real property that are not normally in the business of leasing real property: You should consider your leasing to the Government as a separate business (usually a sole proprietorship) then provide the pertinent ownership information as an sole proprietor when providin.g this information to Dunn & Bradstreet. (d) If an otherwise successful Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered Offeror, if the Contracting Officer detemjines it to be in the best interests of the Government. (e) Processing time; normally 48 hours, will be taken into consideration when registering. Offerors who are not registered will consider applying for registration immediately upon receipt of this solicitation. 2.6.8 Standard Space Lease Form 10ENA1 April 2010 DTFA W N -13 -L -00002 OMB Control No. 2120 -0595 47 Page 10 of 16 (1) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database the Contractor is required to review and update, on an annual basis from the date of initial registration or subsequent updates, its information in the CCR. database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) Changes (1) Name or Ownership Changes (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, the Contractor will provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: a) Change the name in the CCR database; b) Agree in writing to the timeline and procedures the Contracting Officer specifies to document the requested change in the contract. With notification, the Contractor will provide sufficient documentation to support the legally changed name then execute the appropriate supplemental agreement to document the name change provided by the Contracting Officer. (ii) The Contractor's entry of the name /ownership change in CCR does not relieve the Contractor of responsibility to provide proper notice of the name change to the Contracting Officer. The change in CCR cannot he made effective until the appropriate documentation/ supplemental agreement is executed by the Contracting Officer. Any discrepancy in payee information in CCR caused by a failure to fulfill the requirements specified in paragraph (g)(1) (i) above, will result in a discrepancy that is incorrect information, within the meaning of paragraph (d) Suspension of Payment of the electronic funds transfer (EFT) clause of this contract. (2) Assignment of Claims. The Conn-actor will not change the name or address for EFT payments in the CCR or manual payments to reflect an assignee. Assignees must separately register in the CCR database. The Contractor will notify the Contracting Officer and will comply with the instructions for submitting an Assignment of Claims notification. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor, without proper notice to the Contracting Officer, will be considered to be incorrect information within the meaning of the paragraph (d) "Suspension of payment" of the EFT clause of this contract. 2.6.8 Standard Space Lease Form April 2010 OMB Control No. 2120 -0595 KENAI DTFAWN -13 -L -00002 48 Page H of 16 (h) Exceptions to CCR. As provided for in AMS Procurement Toolbox Section T3.3.1.A -8, "Central Contractor Registration ", certain contractors may qualify by limited exceptions to CCR waiver. If a contractor is determined by the Contracting Officer to merit justification of a waiver from CCR, then the contractor will provide initial payment information and any future vendor information changes to the Contracting Officer on the "Vendor Miscellaneous Payment Information" form, provided by the Contracting Officer. An alternate clause, "Contractor Payment Information -Non CCR" will be included in the contract and the lessor /vendor will comply with the terns of that clause. Having an exception from CCR does not excuse a vendor from EFT payment requirements, as required in the clause, "Payment by Electronic Fund Transfer - Real Property". (i) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the intemet at http: / /www.ccr.gov or by calling 1- 888 -227- 2423, or 269 -961 -5757. 7P3 - CONTRACTOR IDENTIFICATION NUMBER - DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER - REAL PROPERTY (OCT 2006) (a) Definitions. As used in this clause "Contractor Identification Number," as used in this provision, means "Data Universal Numbering System (DUNS) number, which is a nine -digit number assigned by Dun and Bradstreet Information Services, to identify unique business entities (taken from CCR clause) "Data Universal Numbering System +4 (DUNS +4) number" means the DUNS number assigned by D &B plus a 4- character suffix that may be assigned by a business concern. (D &B has no affiliation with this 4- character suffix.) This 4- character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Fund Transfer. (b) Contractor identification is essential for receiving payment and complying with statutory contract reporting requirements. Therefore, the offeror will provide its DUNS or DUNS +4 number below. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. DUNS OR DUN'S +4 NUMBER: 002174159 (c) If the offeror does not have a DUNS number, he should contact Dun and Bradstreet at 1 -866- 705 -5711, or via the intemet at http: / /www.dnb.com directly to obtain one. Detailed requirements for obtaining a DUNS number is contained in Paragraph (c) of clause "Central Contractor Registration -Real Property". 71'4 CERTIFICATION OF REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION (CCR) (Oct -06) (a) In accordance with clause, "Central Contractor Registration -Real Property", and by submission of this offer, the offeror certifies that they are registered in the CCR Database 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 49 Page 12 of 16 and have entered all mandatory information including the DUNS or DUNS +4 Number required in clause, "Contractor Identification Number-Data Universal Numbering System (DUNS) Number - Real Property ". (b) / Signature of Offeror /Date 7Q. ASSIGNMENT OF CLAIMS (10/96) - Pursuant to the Assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15, the Lessor may assign his rights to be paid under this lease. 7R. SUBORDINATION, NONDISTRUBANCE AND ATTORNMENT (10/96) - The GOVERNMENT agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subordination shall not interfere with any right of the GOVERNMENT under this lease. The Parties hereto mutually agreed that this subordination shall be self - operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the GOVERNMENT will be deemed to have attomed to any purchaser, successor, assi.gms, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between. the GOVERNMENT and said . purchasers /transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the GOVERNMENT; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 7S. LESSOR'S SUCCESSORS (10/96) - The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 7T. SUBLEASE (10/96) - The GOVERNMENT reserves the right to sublease the space covered under this lease to another agency or private party with written approval from the City of Kenai. If the City agrees to allow the FAA to sublease to another party the GOVERNMENT is not relieved from its responsibilities under the terms of this lease, unless otherwise agreed upon with the Lessor, 7U. NO WAIVER (10/96) - No failure by the GOVERNMENT to insist upon strict performance of any provision of this lease, or failure to exercise any right, or remedy consequent to a breach thereof, shall constitute a waiver of any such breach in the future. 2.6.8 Standard Space Lease Form KENAI April 2010 DTFA W N -13 -L- 09902 OMB Control No. 2120 -0595 50 Page 13 of 16 7V. INTEGRATED AGREEMENT (10/96) - This Lease, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this lease. 7W. EQUAL OPPORTUNITY (10/96) - The Lessor shall have on file affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60 -1 and 60 -2). 7X. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (10/96) - The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. If the Lessor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. 7Y. AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96) - The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 USC 793) (the Act), as amended. If the Lessor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. 7Z. SEISMIC SAFETY FOR EXISTING BUILDINGS (1/07) — Unless it is determined by the GOVERNMENT'S Contracting Officer that seismically conforming premises are not available, all existing buildings leased by the GOVERNMENT under this contract must meet the minimum acceptable performance seismic standard of `Life Safety' as specified in Section 2.2 of Standards of Seismic Safety for Existing Federally Owned or Leased Buildings and Commentary issued by the Interagency Committee on Seismic Safety in Construction as ICSSC RP -6. RP -6 is available on -line at (httn: // fire. nist. gov/ bfrlpubs /bui1d01 /PDF/b01056.pdf) and is available in print from the National Institute of Standards and Technology as NISTIR 6762. All offers received in response to screening information request will be evaluated to determine whether they are in compliance with ''Life Safety ". If at least one offeror is fully compliant, all offerors who are not fully compliant will be considered non- responsive and ineligible for award. In the event a building with a certification of seismic compliance is occupied by the GOVERNMENT and is later determined to not meet the standard indicated on the certification form, the GOVERNMENT at its discretion may require the Lessor to meet the agreed upon standard or may terminate this lease upon giving written notice, with no cost accruing to the GOVERNMENT, not withstanding any other agreements contained in this lease. (a) COMPLIANCE with LIFE SAFETY Buildings designed and constructed in compliance with the seismic requirements of the building codes delineated in Section 1.3.1 of RP -6 are considered to fully meet the GOVERNMENT'S minimum seismic requirement. The offeror shall 2.6.8 Standard Space Lease Form KENA1 April 2010 DTFAWN -13 -L -00092 OMB Control. No. 2120 -0595 51 Page 14 of 16 provide proof of compliance in the form of a written certification by an independent licensed structural engineer that the building was designed, built and maintained to the requirements of RP -6. The structural engineer certification shall be in the format of the enclosed CERTIFICATION OF SEISMIC COMPLIANCE. if the building cannot be certified in accordance with RP -6, the structural engineer must evaluate the building using the American Society for Civil Engineers (ASCE) 31 -03, Seismic Evaluation of Existing Buildings and attach the evaluation to the Certification of Seismic Compliance. Buildings meeting the requirements of ASCE 31 -03 using a safety objective of `Life Safety' are considered to meet the GOVERNMENT'S requirement. (b) LESS THAN LIFE SAFETY Existing buildings, which cannot achieve life safety, will require documentation by an independent licensed structural engineer to describe the actual level of seismic compliance. In the event a building with a certification of seismic compliance is occupied by the GOVERNMENT and is later determined to not meet the standard indicated on the certification form, the GOVERNMENT at its discretion may require the Lessor to meet the agreed upon standard or may terminate this lease upon giving written notice, with no cost accruing to the GOVERNMENT, not withstanding any other agreements contained in this lease. 7AA. LABOR STANDARDS (6/09) — By signing this lease, the Lessor certifies to the Real Estate Contracting Officer (RECO) that all laborers and mechanics employed or working upon the leased premises will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may he alleged to exist between the Lessor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (d) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period are deemed to be constructively made or incurred during such period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause titled "Apprentices, Trainees, and Helpers." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 2.6.8 Standard Space Lease Form KENAI April 2010 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 52 Page 15 of 16 paragraph (b) of this clause) and the Davis -Bacon poster (W H -1321) shall be posted at all times by the Lessor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Section 3 - CLOSING NOTICES - All notices /correspondence shall be in writing, reference the Lease number, and be addressed as follows: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 -7794 FEDERAL AVIATION ADMININSTRATION Real Estate and Utilities Group 1601 Lind Avenue SW Renton, Washington 98057 ATTACHMENTS - See herein attached - Attachment A IN WITNESS WHEREOF, the parties hereto have signed then 19a. NAME AND TITLE 9b. SIGNATURE OF OF OWNER()pe or Print) !OWNER 9c. DATE ' I THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA :UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. i0a. NAME OF REAL 110b. SIGNATURE OF 10c. DATE ESTATE CONTRACTING REAL ESTATE OFFICER(Type or Print CONTRACTING OFFICER; Damon McGruder 2.6.8 Standard Space Lease Form KENAI April 201.0 DTFAWN -I3 -L -00002 OMB Control No. 2120 -0595 53 Page I6 of 16 ATTACHMENT A Lease No: DTFAWN -13 - L - 00002 I. SECTION A - GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS AI- Adhesives and Sealants (11/11) The Lessor shall use adhesives and sealants that contain no formaldehyde or heavy metals. A2- Ceilings (10/96) Must have acoustical treatment with a flame spread of 25 or less and smoke development rating of 50 or less. A3 -Doors (10/96) Exterior doors shall be weather tight, equipped with cylinder locks and door checks, automatic door closures and open outward. The FAA will be furnished at least two master keys and two keys for each lock. Interior doors must be solid cord and at least 32 by 80 inches with a minimum opening of 32 inches and be of sturdy construction. Fire doors shall conform to NFPA Standard No. 80, As designated by the FAA, doors shall be equipped with non - removable hinge pins, and "Best" locks with 7 -pin removable cores. The FAA shall provide cores. A4 -Floor Load (8/02) All adjoining floor areas shall be 1) of a common level not varying more than 1/4 inch over a 10- foot, 0 -inch horizontal run in accordance with the American Concrete Institute standards, 2) non- slip, and 3) acceptable to the Real Estate Contracting Officer. Under floor surfaces shall be smooth and level. Office areas shall have a minimmn live load capacity of 50 pounds per square foot plus 20 pounds per square foot for moveable partitions. Storage areas shall have a minimum . live load capacity of 100 pounds per square foot including moveable partitions. A report showing the floor load capacity, at no cost to the Government, by a registered professional engineer may be required by the Contracting Officer. AS- General Health and Safety Standards (8/02) Local Health, Environmental (OSHA and EPA), and Safety Standards and Building Codes shall be complied with when accomplishing any cleaning, construction, renovation, remodeling, maintenance or testing done in the Leased space and areas connected to or integrated with the leased space. Whenever FAA Standards require work processes or precautions to be provided, the Lessor shall coordinate with the FAA during the work so that proper requirements are met. A6 -HVAC (10/96) Heating, ventilation and air- conditioning systems are required which maintain a temperature range of 68 -72 degrees Fahrenheit year - round. These temperatures must be maintained 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN -1.3 -L -00002 OMB Control No. 2120 -0595 54 Page 1 of 1.1. throughout the leased premises and service areas regardless of outside temperatures during hours of operation. For further information see ASHRAE standard ANSI/ ANSI/ASHRAE 62 -1999 - Ventilation for Acceptable Indoor Air Quality. A7- Lighting (1.0/961 Modern, diffused, energy efficient (T -8 or better) fluorescent fixtures shall be provided maintaining a uniform lighting level of 50 foot candles at working surfaces. Emergency lighting must provide at least 0.5 foot candles of illumination throughout the exit path, including exit access routes, exit stairways, or other routes such as passageways to the outside of the building, The Lessor shall replace al! interior lighting fixtures as necessary within six (6) months of lease execution. Lessor will replace all interior lighting fixtures clue to failure. A8- Painting (8/02) Prior to occupancy all surfaces must be newly painted with non -lead based paints in colors acceptable to the FAA. All surfaces must be repainted after working hours at Lessor's expense at least every (5) 'five years. This includes moving and return of the furniture. Any existing lead based paint shall he properly maintained and managed per existing regulatory requirements. If there is flatting paint, it would need to be sampled for lead. If containing lead, it would need to be abated prior to occupancy. This could be done either by removal or sealing with an encapsulating material. A9- Parking (10/061 At no additional cost to the FAA, the Lessor shall provide 90 reserved off - street parking spaces located at the facility. The Lessor shall maintain the parking areas in good repair and provide snow and ice removal. The Lessor shall repaint parking lot markings, and repaint every three (3) years thereafter, beginning with lease execution. The Lessor shall be responsible for asphalt sealing of parking lot every six years, beginning with Tease execution. Al 0- Prior Notification (8/02) A pre - construction meeting shall be held at the facility prior to the commencement of any cleaning, construction, renovation, remodeling, repair, maintenance or testing within the leased premises and areas connected to or integrated with the leased prerises. If any items on the checklist are questionable or undone, full resolution of the issues will be expected before the project starts. The pre - construction meeting will be planned, scheduled, and coordinated, with the Government's supervisor or manager responsible for the facility, at least one week before the execution of the work. 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 55 Page 2 of 1.1 Al 1- Restrooms and Drinking Fountains (7/09) Separate toilet facilities for men and women shall be provided on each floor where the FAA leases space, Water closets and urinals shall not he visible when the exterior door is open. Each toilet room shall contain toilet paper dispensers, soap dispensers, paper towel dispensers, waste receptacles; a coin operated sanitary napkin dispenser with receptacle for each women's toilet, disposable toilet seat cover dispensers, a convenience outlet, and hot and cold water for all restrooms. (The FAA will advise if additional facilities are required.). The Lessor shall provide a minimum of one chilled accessible drinking fountain with potable water within every 200 feet of travel. Al2- Window and Floor Covering (8/02) All exterior windows shall be equipped with window covering. Floors will he carpeted with a commercial grade of carpet acceptable to the FAA. Existing floor and window covering may be accepted at the discretion of the Real Estate Contracting Officer however; prior to occupancy all carpeting and window covering shall be cleaned. At no additional cost to the FAA, the Lessor shall replace carpeting at least every five (5) years, and vinyl or tiles every ten (10) years during FAA occupancy or any time during the lease when: ® Backing or underlayment is exposed ® There are noticeable variations in surface color or texture • Any carpeting or vinyl creating safety or tripping hazards shall be repaired or replaced immediately to FAA satisfaction Replacement includes moving and return of furniture, FAA will he responsible for replacement of Moor covering in the Operations and Equipment Area's. II. SECTION B - SERVICES, UTILITIES, AND MAINTENANCE B l- Grounds Maintenance 0 0/96) The FAA shall maintain in good condition landscape plants and lawns. B2 -Pest Control (8/02) The Lessor shall exterminate and control pests within the premises within a timely manner as required by the Government. Notice shall be provided to the users of the building before any application of herbicide(s) /pesticide(s) or other chemical pest control. OSHA requirements for Hazard Communication shall apply for the use of hazardous materials used in pest control. Copies of Material Safety Data Sheets (MSDS) for all chemicals applied shall be provided to the 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN -13 -L -00002 OMB Control No, 2120 -0595 56 Page 3 of 11 FAA before application. Only licensed applicators shall be allowed to apply chemicals. Herbicides /pesticides are not to be applied near the outside air intakes of the building during nonnal working hours and when the system is in operation. B3- Services and Facilities (10/96) The Lessor shall provide to the Government, as part of the rental consideration, the following: • Heating, air conditioning, and ventilation that provide for the comfortable occupancy of the premises. Temperatures will be thermostatically controlled to maintain a. temperature of 68 - 72 degrees Fahrenheit. These temperatures must be maintained throughout the Ieased premises and service areas, regardless of outside temperatures, during the FAA's normal hours of operation. • Electrical power to the premises for the operation of lights, communications equipment, and office machines. • Water (hot and cold) and sewer to leased premises. • Trash removal for leased premises. B4- Utilities Not Provided By The Lessor (10 /96) If the cost of utilities is not included as part of the rental consideration, the Lessor must specify which utilities are excluded. The Lessor shall provide separate meters for utilities to be paid for by FAA. When FAA is to pay for utilities, the Lessor will furnish the Real Estate Contracting Officer, prior to occupancy by the FAA, written verification of the teeter numbers and certification that these meters will measure FAA usage only. Proration is not permissible. If the cost of utilities for heating, ventilation, and air conditioning is not included as part of the rental considerations, an automatic control system will be provided to assure compliance with heating and air conditioning provisions included in this specifications package. Utilities Not Covered by the Lessor • Water • Sewer • Trash Removal • Natural Gas • Electricity • Telephone/Communications III. SECTION C - SAFETY AND FIRE PREVENTION CI -Fire and Safety Requirements (8 /02) All NFPA Standards addressed in this section reference the cun•ent edition. of NFPA in place at the signing of this contract. At any point when construction takes place, systems should be brought into compliance according to the current edition of NFPA. The building shall, as required by Code, be equipped with automatic sprinklers which conform to NFPA No. 13, be maintained in accordance with NFPA No, 13A, have electrically supervised control valves (NFPA No. 13), and have water -flow alarm switches connected to automatically notify the local fire department 2.6.3 Attachment - A to Space Lease Kenai. Revised January 2012 DTF AWN - I 3-L-00002 OMB Control No. 2120 -0595 57 Page 4 of 11 (NFPA No. 72) or central station (NFPA No. 71). The notification of the fire department or central station shall be accomplished through the building fire alarm system. Regardless of code requirements when the leased space (including garage areas under lease by the FAA) is on the 6th floor and above, or below grade, sprinklers are required. A manual fire alarm system shall be provided, maintained, and tested by the Lessor in accordance with NFPA Standard No. 71 and 72 in buildings, which are three (3) or more stories in height or contain more than 50,000 square feet gross floor area. The fire alarm system wiring and equipment must be electrically supervised and automatically notify the local fire department and conform to NFPA Standards No. 70 and 72. Engineered smoke control systems, if present, shall be maintained in accordance with the manufacturer's recommendations. Fire- safety, equivalent to the requirements stated above in this clause, may be accepted, at the discretion of the Real Estate Contracting Officer, if certified by a Licensed Fire Protection Engineer. Portable fire extinguishers shall be provided, inspected, and maintained by the Lessor in accordance with NFPA Standard No.10. C2- Indoor Air Quality (8/02) The Lessor shall control contaminants at the source and /or operate the space in such a manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO), are not exceeded. The indicator levels for office area are as follows: CO -9 parts per million (PPM) time weighted average (TWA - 8 -hour sarnple); CO2 - 1,000 PPM. (TWA); HCHO - 0.1 PPM (TWA). All indoor air contaminant levels in leased space will he kept below appropriate OSHA regulations or Consensus standards, whichever is stricter. Air quality and facility cleaning will be adequate to prevent the growth of mold, mildew and bacteria. Any visual evidence of these will require immediate sampling and remediati.on. Moisture /standing water will be controlled to prevent the growth of these, During working hours, ventilation shall be provided in accordance with the latest edition of ANSI/A.SHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality. The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall implement controls including alteration of building operating procedures (e.g., adjusting air intakes, adjusting air distribution, cleaning and maintaining HVAC, etc.). The FAA is responsible for addressing IAQ problems resulting from its own activities. MSDS will be provided for all cleaning solutions used in the FAA spaces. C3- OSHA Requirements (10/96) The Lessor shall provide space, services, equipment, and conditions that comply with Occupational Safety and Health Administration (OSHA) safety and Health standards (29 CFR 1910 and 1926). 2.6.3 Attachment - A to Space Lease Kenai Revised. January 2012 - DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 58 Page 5 of 1.1. C4 -Radon (10/96) Radon levels in space leased to the FAA shall not equal or exceed the EPA action level for buildings of four (4) picocuries per liter (pCi/L). If radon levels are found to be at or above 4 pCi /L, the Lessor shall develop and promptly implement a plan of corrective action. C5- Refrigerants (8/02) The Lessor shall identify which refrigerants are used in. the HVAC systems in the spaces covered by this lease. The lease should provide for use of refrigerants consistent with EPA and ASHRAE requirements. C6- Warranty Of Space (8/02) (a) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Lessor wan-ants that all space leased to the Government under this contract, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB) requirements of the Toxic Substance Control Act. The Real Estate Contracting Officer shall notify the Lessor in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirement. With any construction work, Lessor would be required to comply with the OSHA regulations for Asbestos and relevant FAA orders, (b) The leased premises shall be free of all asbestos- containing material, PCB's, Radon, and other environmentally hazardous substances. If either ACMs or PCBs are found to be in the leased space the Government reserves the right to require the Lessor, at no eost to the GOVERNMENT, to take whatever corrective action as might be required by the Toxic Substance Control Act, EPA regulations and state requirements. All facilities constructed prior to 1981 are to have an asbestos building survey conducted by a qualified inspector including a visual examination and hulk sampling. All ACM survey reports are to be made available to the Real Estate Contracting Officer. (c) If the Lessor fails, after receipt of notice, to make correction within the specified period of time, the Government shall have the right to make correction and charge to the Lessor the costs occasioned to the' FAA or terminate the lease agreement at no cost to the Government. (d) The rights and remedies of the FAA in this clause are in addition to any other rights and remedies provided by the law and under this contract. (e) Definitions, ti (1) "Acceptance ", as used in this clause means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, the leased premises as ready for occupancy or approves a 2.6.3 Attachment - A to Space Lease Kenai Revised January 20U DTFAWN -1.3 -L -00002 OMB Conuol No. 2120 -0595 59 Page 6 of 11 portion of the premises for occupancy in accordance with the provisions of this lease contract. (2) "Correction ", as used in this clause, means (i) the removal, encapsulation or enclosure of any friable asbestos materials found in the space leased to the Government, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, public spaces, engineering spaces in the saute ventilation zone as the leased space and common use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor shall adhere to the FAA's required post- asbestos - abatement air monitoring program. (ii) With regard to non - friable asbestos materials in good condition, it means the establishment and execution of a special operations and maintenance program and an abatement plan, approved by the Government, to be implemented from the time the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in accordance with EPA regulations, of any PCB equipment present in the building. IV. SECTION D — MISCELLANEOUS DI -Dav to Dav Extension (8/021 The Government shall continue to occupy the premises for a period not to exceed 180 days after the end of the lease term including all option periods. The rent shall be paid monthly in arrears on a prorated basis at the rate paid on the date of the lease expiration, until one of the following events occurs: (1) the extension day period expires: (2) a new lease commences, (3) the Government acquires a fee simple or other long -term interest in the property through negotiation or eminent domain or (4) the Goverrnnent vacates the leased premises; whichever occurs first. The accrued rent computed on a daily basis shall be due and payable in arrears at the end of each month until the amount accrued by the end of the month has been fully paid. D2- Erection of Signs (10/96) The Government shall have the right to erect on or attach to the Lessor's premises such signs as may be required to clearly identify the Government's facility. Said signs so erected will remain the property of the Government and shall be removed from the premises upon termination of the Lease. D3 -Hold Harmless (10/96) In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act: of 1948, as amended (28 USC 2671 et. seq.), hereafter termed "the Act" the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occmzed. The foregoing shall not be deemed to extend the Govermnent's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN -13 -L -00002 OMB Control No, 2120 -0595 60 Page 7 of 11 D4- Installation Of Antennas. Cables And Other Appurtenances (10/96) The FAA shall have the right to install, operate and maintain antennas, wires and their supporting structures including any linking wires, connecting cables and conduits atop and within buildings and structures, or at other locations, as deemed necessary by the Government, D5 -Non- Restoration (10/96) The FAA shall have no obligation to restore and /or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the FAA may abandon in place any or all of the structures, improvements and/or equipment installed in or located upon said property by the FAA during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. D6- Unauthorized Negotiating (1.0/96) In no event shall the Lessor enter into negotiations concerning the space leased or to be leased with other than the real estate contracting officer or his designee. D7- Wiring For Telephones (1.0/96) The Government reserves the right to provide its own telephone service in. the space to be leased. It may have inside wiring and telephone equipment installed by the local telephone company or a private contractor. Alternately, the FAA may wish to consider using inside wiring provided by the building, if available. However, the final decision will remain the Government. W. SECTION E - SECURITY REQUIREMENTS El- Facility Security (Updated 4/09) Security requirements for Government occupied space must meet minimum- security accreditation standards for the type of facility covered by this lease. The FAA Facility Security Management Program defines facility security accreditation standard levels. The security requirements identified below are tailored specifically for the type of facility covered by this solicitation. The Lessor shall provide or make accommodation to provide for all the security requirements listed herein for the leased premises covered by this lease agreement: Contact your local Servicing Security Element (SSE) Pam Smith at 907- 271 -2193 for a list of your security requirements. The Local SSE will determine any additional security upgrades that are required to meet accreditation and shall conduct a final security assessment of the building. The Lessor shall provide maintenance services to the security upgrades installed within the leased premises and covered under this lease. E2- Contractor Personnel Suitability Requirements (4/09) (a) This clause applies to the extent that this contract requires contractor employees, subcontractors, or consultants to have unescorted access to FAA: 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN-I 3-L-00002 OM[3 Control No. 2120 -0595 61 Page 8 of 11 (1) Facilities; (2) Sensitive information; and /or; (3) Resources regardless of the location where such access occurs, and none of the exceptions of FAA Order 1600.72A, Contractor and Industrial Security Program, Chapter 5, paragraphs 4, 6, 7 and 8 pertains. Definitions of applicable terminology are contained in the corresponding guidance and FAA Order 1600.72A, appendix A. (b) Consistent with FAA Order 1600.72A, the FAA Servicing Security Element (SSE) has approved designated risk levels for the positions under the contract, Those designated risk levels are: (e) If a National Agency Check with Inquiries (NACI) or other investigation is required under paragraph (b) for a given position, the contractor will submit to the Contracting Officer (CO) a point of contact (POC) that will enter applicant data into the Vendor Applicant Process (VAP) system (vap.faa.gov). VAP is a FAA. system used to process and manage security information for FAA contractor personnel Each contract may have up to 5 POCs. Once designated, a VAP administrator will provide each POC a Web ID and password. The type of investigation conducted will be determined by the position risk level designation for all duties, functions, and /or tasks performed and will serve as the basis for granting a favorable employment suitability authorization as described in FAA Order 1600.72A. If an employee has had a previous U. S. Goverment conducted background investigation which meets the requirements of Chapter 5 of FAA Order I600.72A and Homeland Security Presidential Directive 12 (HSPD -12), it will be accepted by the FAA. However, the FAA reserves the right to conduct further investigations, if necessary. The contract may include positions that are temporary, seasonal, or under escort only. In such cases, a FAA Form 1600-77 for each specific position will be established as the investigative requirements may differ from the NACI. The following information must be entered into VAP by the POC for each applicant requiring an investigation: • Name; a Date and place of birth (city and state); • Social Security Number (SSN); • Position and office location; • Contract number; • Current e -mail address and telephone number (personal or work); and • Any known information regarding current security clearance or previous investigations (e.g. the name of the investigating entity, type of background investigation conducted, contract number, labor category (Position), and approximate date the previous background investigation was completed). If a prior investigation exists and there has not been a 2 year break in service by the applicant, the SSE will notify the contractor that no investigation is required and that final suitability is approved. 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN 13 -L -00002 OMB Control No. 2120 -0595 62 Page 9 of 11 if no previous investigation exists, the SSE will send the applicant an e-mail (this step may be delegated to VAP POC): ® Stating that no previous investigation exists and the applicant must complete a form through. the Electronic Questionnaires for Investigations Processing (eQIP) system • Instructing the applicant how to enter and complete the eQIP form; • Providing where to send/fax signature and release pages and other applicable forms; and ® Providing instructions regarding fingerprinting. The applicant must complete the eQIP form and submit other required material within 15 days of receiving the e -mail from the SSE. For items to be submitted outside eQIP, the contractor must submit the required information with a transmittal letter referencing the contract number to: Headquarters Contracts: Manager, Personnel Security Division, AIN -400 800 Independence Avenue, S.W., Room 315 Washington, D.C. 20591 Regional and Center Contracts: Manager, Security & Hazardous Materials Branch 222 W. 76 414 Anchorage, AK 99513 -7587 The transmittal letter must also include a list of all of the names of contractor employees and their positions for which completed forms will be submitted to the SSE pursuant to this Clause. (d) The contractor must submit the information required by paragraph (c) of this Clause for any new employee not listed in the Contractor's initial submission who is hired into any position identified in paragraph (b) of this Clause. (e) The CO will provide notice to the contractor when any contractor employee is found to be unsuitable or otherwise objectionable, or whose conduct appears contrary to the public interest, or inconsistent with the best interest of national security. The contractor must take appropriate action, including the removal of such employee from working on this FAA contract, at their own expense. Once action has been taken, the contractor will report the action to the CO and SSE. (0 No contractor employee will work in a. high, moderate, or low risk position unless the SSE has received all fonts necessary to conduct any required investigation and has authorized the contractor employee to begin work. (g) The contractor must notify the CO within one (1) business day after any employee identified pursuant to paragraph (c) of this Clause is terminated from performance on the contract. This notification must be done utilizing the Removal Entry Screen of VAP. If 2.6.3 Attachrrtent - A to Space Lease Kenai Revised. January 20 2 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 63 Page 10 of 11 FAA issued the terminated employee and identification card, the contractor must. collect the card and submit it to the SSE. (h) The CO may also, after coordination with the SSE and other security specialists, require contractor employees to submit any other security information (including additional fingerprinting) deemed reasonably necessary to protect the interests of the FAA. In this event, the contractor must provide, or cause each of its employees to provide, such security information to the SSE, and the same transmittal letter requirements of paragraph (c) of this Clause applies. (i) The contractor and /or subcontractor(s) must contact the Servicing Security Elements (Regional and/or Center Security Divisions) or A1N -400 at Headquarters within one (1) business day in the event an employee is arrested (detained by law enforcement for any offenses, other than minor traffic offenses) or is involved in theft of government property or the contractor becomes aware of any information that may raise a question about the suitability of a contractor employee. (j) Failure to submit information required by this clause within the time required may be determined by the CO a material breach of the contract. (k) If subsequent to the effective date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in direct contract costs or otherwise affect any other term or condition of this contract, the contract will he subject to an equitable adjustment. (I) The contractor agrees to insert temis that conform substantially to the language of this clause, including paragraph (k) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access and where the exceptions under Chapter 5, FAA Order 1.600.72A do not apply. (m) Contractor employees who have not undergone a background investigation must be escorted at all times. In some instances, a contractor employee may be required to serve as an escort. To serve as an escort, a contractor employee must have a favorably adjudicated fingerprint check and initiated a NACI with FAA. VL SECTION F - SPECIAL REQUIREMENTS VII. CERTIFICATION FORMS (8/02) - See attached forms: Certification of Seismic Compliance FAA Safety and Environmental Certification Checklist Vendor /Miscellaneous Payment Information Form 2.6.3 Attachment - A to Space Lease Kenai Revised January 2012 DTFAWN -13 -L -00002 OMB Control No. 2120 -0595 64 Page 11 . of 11 Sponsored by: Planning 86 Zoning Commission CITY OF KENAI ORDINANCE NO. 2652 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.320, "DEFINITIONS," TO PROVIDE DEFINITIONS FOR USES LISTED IN KMC 14.22.010, "LAND USE TABLE" AND TO REPLACE THE DEFINITION OF BOARDING HOUSE TO BETTER DEFINE BOARDING HOUSE IN KMC 14.22.010, "LAND USE TABLE." WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and, WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, it is in the City's best interest to define all uses listed in the Land Use Table, KMC 14 22 010 and to replace the definition of "Boarding House;" and, WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize terms used throughout the Kenai Zoning Code, it is useful to amend existing definitions. 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 14.20.320 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows: 14.20.320 Definitions. (a) General Interpretation. Words used in the present tense include the future tense. The singular number includes the plural. The word "person" includes a corporation as well as an individual. The word "lot" includes the word "plot" or "parcel." The term "shall" is always mandatory. New Text Underlined' [DELETED TEXT DI 65 Ordinance No. 2652 -2012 Page 2 of 12 (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located an the same lot or parcel of land "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is riot used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alterations" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple." "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblages" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. New Text Underlined [DELETED TEXT BRACKETED] 66 Ordinance No. 2652 -2012 Page 3 of 12 "Automobile Sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans trailers, or recreation vehicles and including any wananty repair work and other repair service conducted as an accessory use. "Automobile Service Station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries. and other small accessories: and such other services which do not customarily or usually require the services of a qualified automotive mechanic "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive Repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and Breakfast" means a residential, owner- occupied dwelling in which . rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. I "BOARDINGHOUSE" MEANS A BUILDING OTHER THAN A HOTEL WHERE LODGING, WITH OR WITHOUT MEALS, IS PROVIDED FOR COMPENSATION FOR THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH IS NOT OPEN TO TRANSIENT GUESTS.] "Boarding House" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry. and cleaning Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. New Text Underlined [DELETED TEXT BRACKETED] 67 Ordinance No. 2652 -2012 Page 4 of 12 "Building, principal or main" means a building or structure in which is conducted the principal or main use [OF] on the lot [ON] which said building is situated. "Business /Consumer Services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance, employment service; management and consulting services; protective services; equipment rental and leasing: commercial research; development and testing; photo finishing° and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults. or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or .ublicl mana.ed and funded and t .icall cover the .rimary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "College" means an educational institution providing postsecondary (after high school) education. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "Commercial Recreation" means a recreation facility operated as a business and open to the public for a fee "Commercial Kennel" has the same meaning given in KMC 3.05.010. "Commission" means the Kenai Planning and Zoning Commission. "Communication Antenna(s) has the same meaning given in KMC 14.20.255. "Communication Tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: New Text Underlined. [DELETED TEXT BRACKETED] 68 Ordinance No. 2652 -2012 Page 5 of 12 (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory /Funeral Home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day Care Center" means an establishment where child care is regularly provided for children for periods of less than 24 hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged "Dormitory" means a building. whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one (1) family, two (2) family and multiple - family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Dwelling, one - family" means any detached building containing only one (1) dwelling unit. "Dwelling, two - family" means any building containing only two (2) dwelling units. "Dwelling, multiple family" means any building containing three (3) or more dwelling units. "Elementary School" means any school usually consisting of grades pre- kindergarten through grade six or any combination of grades within this range "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, New Text Underlined [DELETED TEXT BRACKETED) 69 Ordinance No, 2652 -2012 Page 6 of 12 wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence, "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal Organization" means a group of people formally organized for a common object, purpose, or interest jusually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one side of a street between intersection streets. "Gas Manufacturer /Storage" means the surface use of lands used in the production. the mechanical transformation. or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning /compressor stations. "Storage" means surface uses necessary for storage of produced or non -native natural gas. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles, "Governmental Buildings" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or munici.paiity and used to conduct official business of government. "Grade (ground Level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dog mitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one f 11 or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. New Text Underlined' (DELETED TEXT BRACKETED] 70 Ordinance No. 2652 -2012 Page 7 of 12 "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High School" means a secondary school usually consisting of grades nine through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use [OF A SERVICE CHARACTER CUSTOMARILY CONDUCTED WITH Al carried out for remuneration by a resident in the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT INVOLVE THE CONDUCT OF TRADE ON THE PREMISES.] "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed: it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off - street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials, "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front - corner lot" means the shortest street line of a corner lot. "Lot line, front - interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than New Text Underlined [DELETED TEXT BRACKETED] 71 Ordinance No. 2652 -2012 Page 8 of 12 ten feet (10') in length, within a lot, parallel to and at the maxim front lot line line. distance from the "Lot line, side" means any lot boundary line not a front lot line or a rear lot "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufacturing /Fabricating /Assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofmg and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Mini - storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -ter us parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific. artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. New Text Underlined [DELETED TEXT BRACKETED] 72 Ordinance No 2652-2012 Page 9 of 12 "Non- conforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Non - conforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Non- conforming use" means a use of a structure of land, or of a structure and land in combination, Lawfully existing at the time this chapter became effective, or established an the premises of a previous non - conforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. [ "NURSERY, CHILDREN'S" MEANS ANY HOME OR INSTITUTION USED OR MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7) YEARS OF AGE.] "Nursing, Convalescent or Rest Home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living, "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles givin.g access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Parking, Public Lots" means a parking area available to the public whether or not a fee for use is charged. "Parks" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities, "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, [ITS] or their successors and /or assigns or the agent of any of the aforesaid. "Personal Services" means establishments engaged in providing services involving the care of a person or his or her apparel. "Planned Unit Residential Development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. New Text Underlined [DELETED TEXT BRACKETED] 73 Ordinance No. 2652 -2012 Page 10 of 12 "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites. parks, or fields. It can include active recreation such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation. such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular-type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served and consumed primarily within. the Principal building. "Retail Business" means establishments engaged in selling goods or merchandise to the general public for business or personal/ household consumption and rendering services incidental to the sale of such goods. "Secondary use (S)" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. ( "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR OTHER SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED AUTOMOTIVE MECHANIC.] "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined. DELETED TEXT BRACKETED/ 74 Ordinance No. 2652 -2012 Page 11 of 12 "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner, "Subsurface Extraction of Natural Resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals iron uranium, coal diamonds, limestone, oil shale. rock salt and potash. "Surface Extraction of Natural Resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single -family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree Nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real, property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. New Text Underlined [DELETED TEXT BRACKETED] 75 Ordinance No. 2652 -2012 Page 12 of 12 "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai. and Kenai Municipal Code C1'apter 14, Section 3. Severabilitv: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances, The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.1.5,070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 2012. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: September 19, 2012 Adopted: October 3, 2012 Effective: November 3, 2012 New Text Underlined; {DELETED TEXT BRACKETED] -. 76 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 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. WHEREAS, definitions for the Kenai Zoning Code are listed in KMC 14.20.320; and, WHEREAS, the definitions listed in KMC 14.20.320 are used to define uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, KMC 14.20.320 does not provide definitions for all uses listed in the Land Use Table, KMC 14.22.010; and, WHEREAS, it is in the City's best interest to define all uses listed in the Land Use Table, KMC 14.22,010 and to replace the definition of "Boarding House;" and, WHEREAS, to provide consistency throughout KMC 14.20.320 and to modernize terms used throughout the Kenai Zoning Code, it is useful to amend existing definitions. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 14.20.320 of the Kenai Municipal Code: The Kenai Municipal Code, Section 14.20.320, Definitions, is hereby amended as follows: 14.20.320 Definitions. (a) General Interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. New Text Underlined' [DELETED TEXT BRACKETED] 77 Resolution PZ12 -20 Page 2 of 12 (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a. building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other faum produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (ILsurface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers. hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alterations" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple." "Area building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblages" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. New Text Underlined' [DELETED TEXT BRACKETED] 78 Resolution PZ12 -20 Page 3 of 12 " Automobile Sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile Service Station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires. batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive Repair" means the use of any building or structure and associated premises on which a business, service or industry involving the maintenance, servicing. repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and Breakfast" means a residential, owner- occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. ( "BOARDINGHOUSE" MEANS A BUILDING OTHER THAN A. HOTEL WHERE LODGING, WITH OR WITHOUT MEALS, IS PROVIDED FOR COMPENSATION FOR THREE (3) OR MORE PERSONS, ON OTHER THAN DAY -TO -DAY BASIS AND WHICH IS NOT OPEN TO TRANSIENT GUESTS.] "Boarding House" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers nay compensation to use one or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. New Text Underlined' [DELETED TEXT BRACKETED 79 Resolution PZ12 -20 Page 4 of 12 "Building, principal or main" means a building or structure in which is conducted the principal or main use [OF] on the lot ]ON] which said building is situated. "Business /Consumer Services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance employment service management and consulting services; protective services equipment rental and leasing; commercial research; development and testing• photo finishin•• and .ersonal su..Iv services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temnle. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "College" means an educational institution providing postsecondary (after high school) education. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan.. "Commercial Recreation" means a recreation facility operated as a business and open to the public for a fee. "Commercial Kennel" has the same meaning given in KMC 3.05.010. "Commission" means the Kenai Planning and Zoning Commission. "Communication Antenna(s) has the same meaning given in KMC 14.20.255. "Communication Tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: New Text Underlined- [DELETED TEXT BRACKETED] 80 Resolution PZ12 -20 Page 5 of 12 area. (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more farnily dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building "Crematory /Funeral Home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment, Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day Care Center" means an establishment where child care is regularly provided for children for periods of less than 24 hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged "Dormitory" means a building, whether public or private, associated with a school, college or university_and designed. used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one (1) family, two (2) family and multiple- family dwellings, but not including any other building wherein human beings may be housed. "Dwelling unit" means one (1) or more rooms and a single . kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Dwelling, one - family" me any detached building containing only one (1) dwelling unit. "Dwelling, two- family" means any building containing only two (2) dwelling units. "Dwelling, multiple family" means any building containing three (3) or more dwelling units, "Elementary School" means any school usually consisting of grades pre- kindergarten through grade six or any combination of grades within this range. "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, New Text Underlined. [DELETED TEXT BRACKETED].,.. 81 Resolution PZ12 -20 Page 6 of 12 wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic sign.als, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings, "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal Organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership reouirements. "Frontage" means all the property fronting on one side of a street between intersection streets. "Gas Manufacturer /Storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning /compressor stations. "Storage" means surface uses necessary for storage of produced or non - native natural gas. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Governmental Buildings" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government, "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. New Text Underlined; [DELETED TEXT BRACKETED] 82 Resolution PZ12 -20 Page 7 of 12 "Gunsmith" means a person who repairs, modifies, designs or builds firearms. "High School" means a secondary school usually consisting of grades nine through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use IOF A SERVICE CHARACTER CUSTOMARILY CONDUCTED WITH A] carried out for remuneration by a resident in the resident's dwelling unit. [DWELLING, BY THE RESIDENTS, WHICH DOES NOT INVOLVE THE CONDUCT OF TRADE ON THE PREMISES.] "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals, "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off- street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front -corner lot" means the shortest street line of a corner lot. "Lot line, front - interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than New Text Underlined; DELETED TEXT BRACKETED] 83 Resolution PZ12 -20 Page 8 of 12 ten feet (101 in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufacturing /Fabricating /Assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofmg and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents, "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. New Text Underlined [DELETED TEXT BRACKETED) 84 Resolution PZ12 -20 Page 9 of 12 "Non- conforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Non - conforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Non- conforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous non - conforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. ] "NURSERY, CHILDREN'S" MEANS ANY HOME OR INSTITUTION USED OR MAINTAINED TO PROVIDE DAY CARE FOR CHILDREN NOT MORE THAN SEVEN (7) YEARS OF AGE.] "Nursing, Convalescent or Rest Home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Parking, Public Lots" means a parking area available to the public, whether or not a fee for use is charged. "Parks" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including fu-m, partnership, or corporation, [ITS] or their successors and /or assigns or the agent of any of the aforesaid.. "Personal Services" means establishments engaged in providing services involving the care of a person or his or her apparel. "Planned Unit Residential Development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land, New Text Underlined [DELETED TEXT BRACKETED] 85 Resolution PZ12 -20 Page 10 of 12 "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing. observing and photographing nature picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building "Retail Business" means establishments engaged in selling goods or merchandise to the general public for business or personal / household consumption and rendering services incidental to the sale of such goods. "Secondary use (Sr means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. [ "SERVICE STATION" MEANS ANY BUILDING, STRUCTURE, PREMISES OR OTHER SPACE USED PRIMARILY FOR THE RETAIL SALE AND DISPENSING OF MOTOR FUELS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; THE INSTALLATION AND SERVICING OF SUCH LUBRICANTS, TIRES, BATTERIES, AND OTHER SMALL ACCESSORIES; AND SUCH OTHER SERVICES WHICH DO NOT CUSTOMARILY OR USUALLY REQUIRE THE SERVICES OF A QUALIFIED AUTOMOTIVE MECHANIC.] "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a ary or secondary highway. 'Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined& [DELETED TEXT BRACKETED 86 Resolution PZ12 -20 Page 11 of 12 "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface Extraction of Natural Resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal). seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface Extraction of Natural Resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree Nursery" means a place where trees / plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line, "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. New Text Underlined' [DELETED TEXT BRACKETED 87 Resolution PZ12 -20 Page 12 of 12 "Yard, side" means a yard on each side of a main building and extending from the front lot Line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. Dated at Kenai, Al this 12± day New Text Underlined; jDELETED TEXT BRACKETED] 88 PENDING APPROVAL KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS SEPTEMBER. 4, 2012 7:00 P.M. CHAIR ROBERT PETERS, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Peters called the meeting to order at approximately 7:01 p,m,. Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Chair R Peters, H. Curtis, S. Mattero, E. Bryson, K. East C. Brenckle (excused) Library Director M. Joiner, Council Member M. Boyle Commissioner Mattero MOVED to approve the agenda as presented and Commissioner East SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY - August 7, 2012 MOTION: Commissioner Mattero MOVED to approve the meeting summary of August 7, 2012 and Conunissioner Bryson SECONDED th.e motion. There were no objections. SO ORDERED. ITEM 4: ITEM 5: 5 -a. Joiner repo 5 -b. PERSONS SCHEDULED TO BE HEARD -- None. UNFINISHED BUSINESS Discussion -- Commission Goals and Objectives ed general discussion occurred. No motions were made. Discussion -- Kenai Community Library Collection Development Policy Commissioner comments included: The draft policy is very complete and fulfills its purpose. • There had only been one complaint regarding closing early during the past year, Purchases using Memorial monies followed the same collection 89 development policy as the regular collection. • The DVD collection was discussed. ITEM 6: NEW BUSINESS 6 -a. Discussion -- Capital Improvement Project List General discussion occurred. MOTION: Commissioner Bryson MOVED to add RFID (Radio Frequency Identification) and an automatic sorting machine to the CIP list. Commissioner Curtis SECONDED the motion. VOTE: MOTION PASSED. Commissioners voting Yes: Bryson, Curtis, Mattero Commissioners voting No: Peters ITEM 7: REPORTS 7 -a. Director -- Library Director Joiner reported on a Friends event on November 3; noted new programs and services; and reported on litigation regarding Meeting Room policies in Oregon. 7 -13. City Council Liaison -- Council Member Boyle reported the City Attorney position had been offered to Scott Bloom. ITEM 8: NEXT MEETING ATTENDANCE NOTIFICATION 8 -a. October 2, 2012 Commissioners Brenckle, Peters and Bryson noted they would not be available and the Commission requested the meeting be cancelled. ITEM 9: COMMISSION COMMENTS /QUESTIONS Curtis noted the Hunger Games event was successful. Peters noted the goals and objectives clarified what the Commission could do to help the library, including communicating with other agencies and the general public. East reported on a new library at Central Peninsula General Hospital. Mattero requested an agenda item for the next meeting regarding action steps the LIBRARY COMMISSION MEETING SEPTEMBER 4, 2012 PAGE 2 90 Commission could take. ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 11: INFORMATION 11 -a. Friends of the Library Board Meeting Minutes -- August 7, 2012 ITEM 12: ADJOURNMENT MOTION: Commissioner Mattero MOVED to adjourn and Commissioner Bryson SECONDED the motion, There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:03 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk 91 LIBRARY COMMISSION MEETING SEPTEMBER 4, 2012 PAGE 3 THIS PAGE IS INTENTIONALLY LEFT BLANK 92 PENDING APPROVAL CITY OF KENAI PLANNING & ZONING COMMISSION SEPTEMBER 12, 2012 7:00 P.M. CITY COUNCIL CHAMBERS VICE -CHAIR HENRY KNACKSTEDT, PRESIDING MINUTES 1. CALL TO ORDER: Chair Knackstedt called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Knackstedt led those assembled in the Pledge of Allegiance. 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: Vice -Chair H. Knackstedt, C. Smith, J. Rowell, K. Peterson, P. Bryson J. Twait (excused) City Planner M. Kebschull, Planning Assistant, N. Carver Commissioner Bryson MOVED to approve the agenda as presented and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences • Chairman Twait Approved by consent agenda. *A1I 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 93 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 22, 2012 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT -- None. 4. CONSIDERATION OF PLATS 4 -a. MOTION: PZ12 -28 - Preliminary Plat - Stock Subdivision 2012 Replat - A replat of Lot 4, Block One, Stock Subdivision and Lot 2, Dunkley Subdivision. Plat submitted by Integrity Surveys, 43335 K -Beach Road, Suite 10, Soldotna, Alaska. Commissioner Bryson MOVED to approve PZ12 -28 with staff recommendations and Commissioner Smith SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending approval with the following requirements: Prior to recording final plat, arrangements must be made with the City of Kenai for payment of assessments for the James Street Local Improvement District. Knackstedt opened the meeting to public hearing VOTE: MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS 5 -a. 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 KWIC 14.22.010, "Land Use Table" and to amend other existing definitions. MOTION: Commissioner Smith MOVED to approve PZ12 -20 and Commissioner Rowell SECONDED the motion. Kebschull reviewed the staff report included in the packet, and explained the changes being made. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 2 94 Knackstedt opened the meeting to public hearing. There being on one wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. Knackstedt read the appeals process procedure. 5 -b. PZ12 -26 - An application for an Encroachment Permit for front and rear setbacks for the property known as Lot 5, Keith Subdivision (1003 Aliak Drive), Kenai, Alaska. Application submitted by Walter G. Martin, 1003 Aliak Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ12 -26 and Commissioner Srnith SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the Commission needed to establish a finding that all the following conditions exist as a prerequisite to issuance of an encroachment permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. Property is a corner lot with 2 -25 -foot front setbacks, 20 -foot rear setback, and a 15 -foot side setback. As -built of property shows the setbacks for structures on lot that confirms two encroachments exist. 2. The encroachment does not encroach upon a Federal, State or City right - of -way or utility easement. The encroachments do not encroach into any right -of -ways or utility easements. 3. The issuance of the encroachment permit will not authorize a use, which is not a principal permitted use in the zoning district in which the property is located. Residences are a permitted use in the Rural Residential 1 zone. Garages are accessory structures and permitted with a principal structure. 4. The encroachment is not located across a platted lot line. The encroachments are not located across a platted lot line. There are discrepancies between the City and Borough records as to when the house was constructed. However, the construction was done prior to the City assuming zoning powers in 1984 and is considered a non - conforming use as defined in KMC 14.20,050. The garage was constructed in 1990, the building permit for the garage did not specify the setbacks for the zone, but the setbacks for the Rural Residential zones have not change. Both structures have existed as non - conforming for many years. Issuance of the encroachment permit should not adversely affect neighboring properties. The application as submitted meets the requirements of KMC 14.20.185 recommend PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 3 95 approval. Knackstedt opened the meeting to public comment. • Mr. and Mrs. Martin, 1003 Aliak Drive, Kenai, Owners. Was not aware a building permit was required and they want to comply. • Commissioner Bryson asked if the garage drawings were correct. Mr. Martin explained the breezeway terminated at the roof of the garage. • Commissioner Peterson asked staff if there had been any complaints from the neighbors. Kebschull said the City had received no complaints. There being on one else wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. Knackstedt read the appeals process procedure. 5 -c. MOTION: PZ12 -27 - An application for a Variance Permit for a rear setback variance for the property lmown as Lot 5, Keith Subdivision (1003 Aliak Drive), Kenai, Alaska. Application submitted by Walter G. Martin, 1003 Aliak Drive, Kenai, Alaska. Commissioner Bryson MOVED to approve PZ12 -27 and Commissioner Smith SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the Commission needed to establish a finding that all the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. A building permit for the garage was issued in 1990. For unknown reasons the setbacks for the zone were not noted on permit. The garage was constructed into the rear setback. All other setbacks are met. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. Applicant did not build the garage, but would like to build a carport attached to the garage. Because the garage was built into the setback, a variance to build the carport into the rear setback must be approved prior to a building permit being issued. 3. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Garages and carports are accessory uses to the permitted residential use in the Rural Residential 1 zone. 4. The granting of the variance is the minimum variance that will provide PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 4 96 for the reasonable use of the land and /or structure. Attaching the carport to the garage appears to meet the requirement of a minimum variance. Allowing the carport construction as an attachment to the garage will maintain the existing setback. 5. The granting of the variance is not based upon other non - conforming land uses or structures within the sale land use or zoning district. Granting the variance is not based on any other non - conforming land uses or structures. The applicant purchased the property approximately five years ago. The applicant started construction of the carport with the understanding that all structures complied with City of Kenai codes. The applicant was contacted by the City's Building Official., stopped construction and applied for the necessary permits. The applicant is hoping to obtain an encroachment permit (PZ12 -26) for the existing structures to clear up the non - conforming status. If the permit is approved, the applicant is seeking a variance to allow construction of the carport which will be attached to the garage. Based on the as -built survey the variance would he for approximately 9.6 feet into the rear setback. The garage has existed in this location since 1990 and has not adversely affected the neighboring properties. Granting the variance for the carport should not adversely affect the adjoining properties. The application, as submitted, appears to meet the criteria for a variance. Recommend approval with the following requirement: • Variance is contingent upon approval of PZ12 -26, Encroachment permit. Knackstedt opened the meeting to public hearing. There being on one wishing to speak, the public hearing was closed. • Commissioner Bryson noted the proposed construction will not have any further impact on the neighbors, and is in favor of the motion. VOTE: MOTION PASSED UNANIMOUSLY. Knackstedt read the appeals process procedure. 6. UNFINISHED BUSINESS- -None. 7. NEW BUSINESS: 7 -a. Holiday Meeting Schedule — Discussi.on/Recommendation. Coin,nission would like to submit a request to the Clerk to cancel the December 26, 2012 P &Z meeting. 7 -b. *PZ12 -29 - Home Occupation Permit (Massage Therapy) for the property known as Lot 35, Block 1, Redoubt Terrace Subdivision (1608 Tanaga Avenue). Application submitted by Christine Morin, 1608 Tanaga Avenue, Kenai, Alaska. • Approved by Consent Agenda. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 5 97 8. PENDING ITEMS -- None. 9 REPORTS 9 -a. City Council -- No report. 9 -b. Borough Planning -- Commissioner Bryson reviewed the August 27, 2012 Borough Platting /Planning Commission meeting, 9 -c. Administration -- Council passed both earlier Ordinance ( #'2648 -2012 & 2649 -2012) at their last meeting. 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS -- None. 12. NEXT MEETING ATTENDANCE NOTIFICATION September 26, 2012 Commissioner Bryson requested an excused absence from the November 14i11& December 12th meetings. 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT There being no further business before the Com approximately 7:34 p.m. Minutes prepared and submitted by: Nancy Carver, Planning & Zoning Assistant Sion, the meeting was adjourned at PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 6 98 the e,'[y ¥ KENAI ALASKA CITY OF KEN AI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: /1,41:7 !-4D I/ NAME: .-(qty e- 1-- VRIP crer RECEIVED OCT 172011 AI CITY CLERK RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI,.AK 99611 ONE: 283 -7535, EXT. 231 FAX: 283 -5068 Resident of the City of Kenai" Yc' Residence Address 96 (/)"; How long? Mailing Address ,2‘.01:F/ / eWliiicgrP -- /2/14C, 4;a71-i. /7IG 99967% Home Telephone No. 2/3-2- Herne,- Fax -No. Business Telephone No Cc:'7-c- t S-t`- -.25- /E'' Business-FMTNo-- Email Address: tctrry --eld. tiee 7c4 4r:, co .7--= May we include your contact information on our web page? ALL If not all, what&information may we include2 Ye—� EMPLOYER: Job Title NAME OF SPOUSE: t1/**i-Y7 A'. G" L- /Jk'.1t7 Current mem {ership -in organizations: i� 3 i'7 Vey �7 ✓.r G f/t.'&n- e'co,m / taef Past organizational memberships: 2F: r �'.'< <11�;> )1/4/25211).-7- /-;ht. gel)) /%k4/ /M.- !A^-r) 7-2P i'F- i'eJ(n 1:, -.r> / S ; G' / /37-47 Lrf//�A>i/n-` COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: /3r49 J iv ✓r. `z) c./ 7155 la it VIIIX DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? f r 5 y `)/ C�IFi-?9 C'n1 i i thun'iM /h.D �a i.Lrt -. C��ay�Y, i /4t %� ✓C�.t C/ 1— / Yr�r^1r- ✓17 C Alilio?-/+'ie7a✓ l,\ii,✓L. TD fept K2 &t iY/ 7b ki ri-r C.-4 Gi'Ur/c::i -, L»'v,_> 1-11C WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COp SSION OR COMMITTEE MEMBERSHIP? 71797k'Thr'h✓ Cii= Kr71iI4-7 P � � �/!= 7- 67-1.);,7teL Mrr-r /ScT'L /c/CT '.^.07 176.141- o-2f`.� /t.-).W. O/% °;02c /i cc° c'4. %%h.= S.M./rat i7 ,iSiLYi i'�G:_u/ii c-.c- /'�� cYi�s/,' /'d2'✓ Signature 99 CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: (Z(S(Lb(l NAME: C kc4tle.c U.) lu.e Resident of the City of Kenai? Ye S How long? i 2 �/ e C&( 5 Residence Address 3 0 cl Y.p ■kC e5'5 St-. Wp,A t, r 4K 9 4 o ( $ Mailing Address c)c...tiE+ Home Telephone No. 2.553 2-0 arCk Home Fax No. Business Telephone No Z 55 3 517 4- Business Fax No. 1,553 5 Z 7 ( Email Address: c c..ao©, C., c. c, a `c, (CC. ...,n r 4- May we include your contact information on our web page? L. If not all, what information may we include? EMPLOYER: -3eAc Job Title A-40t-oY'1ii@ NAME OF SPOUSE: - O - Cu�eL \e4 Current membership in organizations: K. C.A.( A-SSe c,.U. -t0v._ iA00S'e. pcP S RECEIVED fI DEC 0 5 2011 CITY `KKENAI CY a Y CLERK PHONE: 283 -7535, EXT. 231 RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 FAX: 283 -5068 Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: PI6- .,.,n, vs- t tO.i.,,..% C..ow,w.A ¶Sl0VA. WHY DO YOU WANT TO BE INVOLVED WITH THU? CpMMIS ION O COMMITTEE? (i T1r,,s Cn'as .n SS tCIv. Stit-,vf it e A. CI c-ec -Lt It•tc. ciC Cyt( k WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? CA. 'G....... : YvaE.. DATE: ,�y NAME: ,r,..Yfl, •!-tc n e. 5 5 Resident of the City of Kenai? CITY OF NAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS FEBsg r 2 3 2012EFy Residence Address 20 &2 f n . (1 4J7 • RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 How long? 3'1 vXt a Mailing Address ny 7 Z C 3 A ) , iu e IL; ' l e l COS Home Telephone No. , 5Z.. - O q Z F,7 Horne Fax No. Business Telephone No to/ D Business Fax No, Email . Address: \o' c A r vAei 160vF.n , or', May we include your contact infoi,uation on our web page? ALL If not all, what information may we include? EMPLOYER: I`. NAME OF SPOUSE: \\j l O 1 Job Title Mt[ho. • y c , M Current membership in organizatio 6,i_Ie Gn C.C. Past organizational memberships- A-V 1 COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Jn ,..n, c ° wr n, WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? ;_V Sc l ..'v.,,,,a- ... ��9J .�:v JL+- WHAT BACKGROUND, EXPERIENCE, OR DENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERmeaa. 01 REVVEWE© BY COUNCIL/ NO ACTION Ti ?t)RS'2Z «tryLf RERAl.ALASKA DATE: -!'!/ NAME: 16t6'; ;VA) Y// r. /3 CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RECEIVED AUG (0 201Z KENAI CITY CLERK RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283 -7535, EXT. 231 FAX: 283 -5068 Resident of the City of Kenai? Residence Address `27 <u ` /Al- c r How long? .7.v!.o i Mailing Address "�� Home Telephone No 2 L'3 - 7�G� Home Fax No. Business Telephone No Z ?.3 -6861 Business Fax No. Email Address: t? HiFL5t%L6P�MG. (01f/1 May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYER F 1257 /077/0/1/A ?ma_ ,I MSJU1 NAME OF SPOUSE: Th�-2 -. / Job Title & )1NCH 411 N4 &Q Current membership in organizatio Pa s,Oc-d7• go7N7=V froft, PP oeru7- (cnhrr RI 11-x_ C,o=F Past organizational memberships: Pint win- eivIFf ,t1GH7r dr)064r,OA) &vim,etA n4-11, , 9w ciacerys, ✓ des! tiJY • i DATE: q/10 /I z NAME: CITY OF KENAI "Village with a past — City with a future." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS Kr,1JFe Kelso RECEIVED SEP 12 201Z AI: Clfl' CLERt RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 253 -5065 Resident of the City of Kenai? \t /e5 How long? 4 k7 d %i rs Residence Address 1 1 , M kLoo v 150 /` 25/5 Home Telephone No. 22.3-039'4 Mailing Address Home Fax No. Business Fax No. May we include yo include? 44 con ati n n ou Business Telephone No Email Address: web page? A pit i n EMPLOYER K sU NAME OF SPOUSE: .. (Air Current membership in organizations. ICet9© KPESA Job Title hat info rmaiio may we e,N ^e; Past organizational memberships: Ni L A COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: F71 YlY 1 nu t- 20,11 ri WHY DO YOU WANT TO BE INVOLVED WITH THIS COM 4 nutricamasz SION OR COMMITTEE? ittinfmtaiThinnegillitrig. 1.01' r/D MYnMV! i WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, lotommissip OR COM ITTFE MEMBERSHIP? �l r r Pi ' 8'5 1 P V-P7 ,iY/, lINr t , Air; ",r�i�����i it ♦ i;�:�"` 103 CITY OF KENAI "Village with a past — City with a future." BACKGROUND MM PERSONAL DATA - CANDIDATES FOR APPOINTMENT CO TISES AND 9MMISSIONS R C.EIVED SEP 1,2 2012 AI CITY CLERK DATE: e-A k- C 2 NA , i— • - ME: \` t •Por a cl RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AX 99611 PHONE: 283-7535, EXT. 231 FAX: 283-5068 -0 Resident of the City of Kenai? k JP o IVA ( .. liow long? C.:.: (. °-:\ s, s --; ( I A kCIA.1-14-A ) C,vit—Liit_ Residence Address 4 . , "A -("r A PA '.- r ( . . _ r 4 -. ' LArl V7)17C)-‘ k-;k:::: ."-C'>-.; 1 Mailing Address \:e.AA-t." s< ---)-) D-.!-1 *.a> Home Telephone No (PK.; C) 2.,..S -).-71 g''''S -EN: Home Fax No. 2cir2,7?. -7 5-1, Vci Business Telephone No .7:757-, °-4. - .-€._-, C-1 ic Business Fax No. C ecti‘A --.7 Email Address. Itz..,--75,.' ... v. ,-,. \. V May we include your contact information on our web page? ALL If not all, what information may we include? ir-\ Lk- EMPLOYER: VN-e-N-Vt--LQ-4"--13 v t).4 A -4.,' .V1/4„ t:--h WV: ‘.!, i' Job Title OA ‘ NAME OF SPOUSE: (..,-"._-:_-,,. :1_. ,...; i:, r\—\-e..< A \-4...A.....te.-A.--......c- 7 Current membership pi organizations: CL--ytte Past organisational memberships:- kA, :a ‘...t‘ctr....1\--k... Z.L1 co miarT OR OOMMISSIONS m WRECK Su ARE rttrr„RzsTED: ttr- A„:„_x e„, 9111Y DO YOU W.ANT TO BE INVOLVED WITH THIS CO AAtt SWON OR COMMITTEE? L6...t.A.„ .44_4 -try, p-A7. trtsr pi cr, er, rej- _ft WHAT BACKGROUND, EXPIRIENCE,IOR CRED COMMISSION OR Gowan= MRININERSHIP? ,,,, ,-, LA j. . rt r3- .4,,-,/ .,, m DO YOU POSES TO BEMS. TO Van BOARD, • r •..-- . .'.'" V,... `, e" ii t"-1 /., \ 7' ‘4,,,,I. 0 .44A;t*--"NrYttk c J„,.V.aft LL3, . riJ a4‘..4 4., a- 1 0 4 Signature ;Ehc�1 EA "Village with a Past, Gc with a Future" 210 FideIgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 ,Miler MEMO: 1992 TO: Rick Koch, City Manager FROM: Marilyn Kebschull, Planning Administratio DATE: September I2, 2012 SUBJECT: Comprehensive Plan update Status The following provides an update on the Plan: • Newsletter o The consultants have completed the second newsletter. The newsletter has been sent to the publisher. We have scheduled distribution for the week of September 17t1i. • Public Review Draft Plan o The consultants are pulling the various chapters and maps together. We have tentatively scheduled publication for September 19th• With publication, the 30-day public comment period will begin. • Public Meeting o We are firming up plans for the public meeting on the draft plan. An open house is scheduled for the evening of October 5°i at the Senior Center. 105 enai fittiunicipal Airpmr Airport Improvement Program: September 2012 Airport Manager's Report Master Plan — The Phase 1 report is under final review by City Administration. After City Administration approval, the report will be sent to the FAA for review and approval. Phase 2 which includes Facility Requirements, Alternatives and Environmental Conditions and Impacts has also begun. Tree Obstruction Clearing Project: The bid documents were revised are under final review by City Administration. After approval, the project will be rebid. Airfield Marking — Plans and specs are complete and the City's frontend bid documents are being prepared by the Airport and City Administration. The project will be advertised and bid with painting to start next summer, In -house Projects: Airfield maintenance: Crack sealing, mowing, gate & fence repair, winter sand screening, and brush cutting continue, Beautification projects: KENAI sign project, vinyl replacement on stairs to terminal 2nd floor, replace terminal entrance doors, asphalt repair in the terminal parking lot, and terminal wall painting. Temporary Equipment Operator List: This position was advertised for three weeks with only 8 applicants; 6 met the license requirements and are scheduled for interviews. This is to establish a call -out list for temporary equipment operators who will work on the airport on an on -call, as- needed basis. Temporary Staff: Sheryl Oldham is temporarily filling in for Erica while she is on leave enjoying her new baby girl. Many of you will remember Sheryl from the Legal Department at City Hall. She is a real asset to the office since she is very familiar with many aspects of City business. 2012 -08 106 enai ROivavlclpol Airport FLOAT PLANE BASIN ACTIVITY 2008 - 2012 OPERATIONS Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER Tctaj' 2012 2011 2010 2009 2008 12 49 109 118 66 149 135 170 190 118 172 162 228 242 242 195 124 192 278 192 86 83 146 119 56 20 68 48 Closed Closed Closed Closed 785 FUEL SALES Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER las &., 2012 2011 2010 2009 $292 $150 $521 $368 $3,206 $2,558 $2,027 $2,714 $2,533 $4,421 $3,870 $2,815 $5,929 $3,535 $2,497 $3,390 $2,211 $1,447 $2,498 $576 $43 $642 , -i D5 w 2008 $561 $3,443 $3252 $3,506 $1,735 $100 $IZSS6,' [0011 la= arnii MN sent 04 Ott 01:111■ MEM alatl =Imam /BMW app. ft06 OMR 0! SW MOM MOS OSP* SW 01 ROBS 0.1 Mai dl =VC MINS MOM NOSY WOO ISOM MCI, 1.1%■ Mal MOM 121■11. MUM MOM MS. Mat MIX 1■071( SSA. 17 Slips Rented Private Commerical Basin opened on May 23, 2012 12 0 107 Rev 612008 27.60% 72.40% GRANT 2,934 August 2012 Enplanements Month ERA AVIATION GRANT AVIATION Total YTD in 2012 2011 Change trot, KENAI j Combined AVIATION Month Total January 5436 2.179 7.615 6,782 833 171 7,786 February 5,308 2.190 7.496 6,698 800 158 7,656 (March 5,294 2,231 7,525 7,193 332 192 7.717 April 4,878 2,092 6,970 6.609 1 361 194 7,164 May 6152 2,339 8,491 6,971 1,520 312 8803 June 5,752 2.256 8,08 7.659 349 323 8,331 July 8,391 2,903 11,294 10.676 618 362 11,656 August 7,696 2,934 10,630 10,402 228 416 11,046 September 0 7.896 0 October 0 8,142 0 November 0 7,517 1 0 December 0 7,465 1 0 Totals 45,907 19.124 68,031 94,010 5,041 2,126 I 70,159 AUGUST 2011 $15,656 2012 $26,759 Terminal - Vehicle Parking Revenues FY12 Total $204,669 FY13 YTD $40,831 30000 27500 25000 22500 20000 -- A? Vehicle Parking Revenues 15000 12500 10000 7500 5000 2500 0 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Q FY12 E FY13 108 the uy of KENAI. ALASKA ANIMAL CONTROL REPORT August 2012 2012 2011 2012 2011 STRAY 81 100 ADOPTED 67 60 Dogs 43 50 Dogs 27 42 Cats 38 43 Cats 40 17 Other Animals 0 2 Other Animals 0 1 RELEASED BY OWNER 38 66 CLAIMED 18 16 Dogs 16 28 Dogs 16 16 Cats 22 38 Cats 2 0 Other Animals 0 0 Other Animals 0 0 D.Q.A. 14 4 EUTHANIZED 34 89 Dogs 8 3 Dogs 16 25 Cats 4 7 Cats 18 22 Other Animals 2 0 Other 0 0 TOTAL ANIMALS 133 170 Other Disposition 0 1 Known Borough Animals 20 48 Field Investigations 114 95 Total Dogs 67 86 Volunteer hours 87 98 Total Cats 64 82 Total phone 582 658 Total Other 2 2 Kennel Permits 0 0 Community Involvement Projects: 8/1/2012 Peninsula Community Health. Services 2nd /3`d grade field trip 8/2/2012 Peninsula Community Health Services middle school field trip 8/15/2012 L.D.S. Church working field Trip 109 tie 4 of K At ALASKA POLICE DEPARTMENT MID -MONTH REPORT August 2012 (TO: Rick Koch — City Manager FROM: Gus Sandahl - Police Chief 4$ DATE: 916112 SUBJECT: Police & Communications Department Activity - Month of August 2012 August was a busy month. Police handled 775 calls for service (up from 684 in August 2011). The Communications Center received 304 emergency 9 -1 -1 calls (106 from cell phones). Communications personnel handled 3,556 administrative phone calls during the month of August. Officers made 63 arrests and wrote 280 reports. Traffic enforcement resulted in 215 warnings, 62 speeding tickets, 9 seatbelt tickets, 33 citations for equipment violations, and 87 citations for "other" traffic violations. There were 13 DUI arrests (2 felony). Police investigated 10 vehicle crashes. None of the crashes were DUI - related, and none involved moose. On August 5, Officer Herrin departed for 15 weeks of training at the Public Safety Training Academy in Sitka. She returns to Kenai in mid - November. On August 8, Comms. Supervisor Nusbaum and Sgt, Langham attended a one day class on media relations in Anchorage. On August 13, Sgt. Langham attended the premier Crimes Against Children conference in Dallas, TX. This was a very worthwhile training event, and will enhance Sgt. Langham's role as the investigations sergeant. On August 13, Officer Grimm attended a meth lab site safety officer training in Quantico, VA. This training was entirely funded by the Federal Government. In the schools, SRO Prins investigated 3 criminal cases during the last week of August. In August, the Police Department took a significant number of theft reports, and we were able to charge several individuals for those thefts. However, other thefts are occurring on a weekly basis. 110 the&iycf KENAI. ALASKA KENAI COMMUNITY LIBRARY MID -MONTH SEPTEMBER 2012 August Circulation Figures Adult Fiction Adult Non - Fiction Young Adult Fiction Periodicals Juvenile Fiction Juvenile Non - Fiction Easy Fiction Easy Non- Fiction Interlibrary Loan 1,968 1,528 492 201. 595 370 2,093 383 37 Internet Access Video Room Booking Music DVDs Audio books Miscellaneous Computer Programs 1,774 0 85 82 3,339 253 256 3 Total Print 7,667 5,792 Total Circulation 1.3,811. In -House circulation 547 Library Door Count 9,313 Downloadable Audio 437 Downloadable CBaoks 341 In August we had 4 volunteers who worked putting in a total of 3 l hours. There were 16 Children's programs with 311 total attendance and 6 adult programs with 16 participants. Inter Library Loan logged 26 orders with 32 items received, 34 returned and 0 items lent by our library to other institutions (our interlibrary loan specialist was on annual leave). AUGUST Library Cards Issued August Income Fines S 1,324.05 Xerox 115.25 Lost /Damaged 176.82 \ Test proctoring Fee 80.00 Prhttin.g 263.75 Other 50.00 Total. income S 2,009.87 Kasilof 5 Kenai 62 Nikiski 9 Niniichik 3 Non Resident [2 Soldotna 49 Sterling 7 Organization & Other 0 Total 147 I attended a two day meeting of the Electronic Resources Management in Alaska (ERMA) group at the end of the month followed by a one day meeting of the Collection Development Committee for ListenAlaska. These groups are working to coordinate acquisition, training and management of our databases and shared technologies. The Alaska State Library will host a two -day meeting in September to discuss sustainabitity of the OWL project with all participating libraries, We will be receiving additional hardware as this grant runs to the end of its cycle. We will receive a new mobile laptop computer lab (12 machines) to be used for the purpose of training. OWL will purchase the laptops and then provide the library with a stipend to use to hire a trainer to teach some classes on computer basics. This trainer will have to be hired from outside our current library staff. We will also receive a set of ebook readers to train staff or to loan to customers. And, we will be getting a tabletop videoconferencing setup that we can use in the conference room. The library will begin a new series in September of Brown Bag lunches and TedTalks. Customers may bring their own lunch and will watch a TedTalk followed by a short discussion. 111 fd:ecirof KEN4 ALASKA V FINANCE DEPARTMENT MID -MONTH REPORT To: Rick Koch, City Manager 74 -From: Terry Eubank, Finance Director Date: September 12, 2012 Re: Monthly Report September 2012 FY2012 yearend procedures are in full swing. The majority of the department's efforts are focused on yearend procedures and financial statement preparation. The annual audit is scheduled for the week of October 161 at which time a complete draft of the City's Comprehensive Annual Financial Report will be ready. Compilation of financial information related to the 2012 Dipnet Fishery is underway for completion of the annual dipnet report. The City's new IT Manager has been working very hard on many of this fiscal year's projects. Virtualization of the City's server infrastructure is underway along with installation of connectivity to outlying City facilities. The public safety building is being rewired to accommodate the proposed VOIP phone system. thcctyof KENAI, ALASKA PARKS & RECREATION MID -MONTH REPORT September 2012 Mid - August marked the departure of most of the seasonal crew with several retained to continue with both routine and non - routine maintenance tasks. Recent cooler temperatures have impacted turf growth allowing efforts to be concentrated in other areas besides mowing and trimming. Efforts continue with respect to removing Yellow- flowered Hawkweed along the Spur Hwy corridor, namely in the area of North and South Spruce Street. A concentrated effort needs to occur in random areas along Marathon Road as well. The Wildwood Correctional Center provided approximately 20 hours toward this effort. Tansy continues to be removed from various locations as spotted by crew members, including Chamber cabin, South Forest Drive, and in the vicinity of the City Shop area. Several painting projects occurred from mid - August and into September, including staining and painting of various restrooms within the park system and miscellaneous painting projects at the Kenai Little League complex. Most of this work was accomplished through the use of volunteer services appointed through the court system. The department received approximately 87 hours of community work service since end of August. Parks & Recreation provided staffing for the Industry Appreciation Picnic. This year's picnic was one of the largest with respect to attendance. Cook Inlet Academy continues to utilize the City soccer fields and this year's dog agility trials were held at the Adult Softball Complex (field #1). Additional maintenance items included: • Crews are putting the finishing touches on the reconstruction efforts occurring on field #3 at the Little League Complex. ® The last leg of trail construction was completed behind the Main Street Tap and Grill. • Brush clearing has been initiated around the Daubenspeck Family Park in advance of additional trails being added to this location. a Cleaning of the MPF dasher boards. ® Fall tree pruning and corrective measures taken as needed. • Hazardous /damaged tree removal. • Sidewalk edging. 113 % ct of KENAI, ALASKA To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: September 12, 2012 Total August Meal Count 2012 Served: Total Congregate Meals Served: 1,356 Total Home Meals Served: 1,931 Total August Meal Count 2011 Served: Total Congregate Meals Served: 1,179 Total Home Meals Served: 1,794 KENAI SENIOR CENTER SEPTEMBER REPORT During the month of August the senior center was rented for three events and one memorial se 'c The volunteers provided 928 service hours. During the month of August, the administrative assistant saw 12 seniors with senior issues relating to coeds, senior benefits, rental inquiry, etc. Kathy Romain attended the annual Medicare counselor training for a week in Anchorage. Andrew Tartella, the external affairs liaison from CMS Region X in Seattle was a trainer with the counseling group throughout the three days. Alaska's Senator Mark Begich and Ron Wyden of Oregon spoke to the group of 65 Medicare counselors on Preventive Wellness Visits, emphasizing the importance of assisting people with understanding the valuable new benefit under Medicare. They discussed initiatives both been involved within Congress and expressed deep appreciation and support for what the Alaska State "SHIPS" (volunteer counselors) do to educate beneficiaries about Medicare, problem - solving complex questions and situations that arise as well as helping people protect Medicare from fraud, waste and abuse. Our "SHIP" volunteer, Admin. Assistant, Kathy Remain won 2nd place Medicare counselor award for providing assistance to so many senior clients this past year. Kenai, Jim Trombley won 1 s` place. During the award ceremony, Kathy told Jim Trombley to watch out next year, she intended to win 1st place. During Kathy's medical absence, Kenai Senior Center referred our clients during Medicare's open enrollment to Jim Trombley. She would have taken 1st place, had she not had a medical issue. Congratulations to Kathy for ajob well done! Highlighted events for August were: HillCorp provided their "campground /picnic area for our senior center annual picnic. This was a lovely area off Holt - Lamplight Road. It had a big pavilion for a picnic; our chef cooked the chicken and hot dogs, as well as seniors roasted their marshmallows around a very nice fire pit that was provided. There were 45 senidrs present for this event. 12 seniors made a trip to Halibut Cove, and 6 seniors participated in a hike to Juneau Falls. Tryouts were held in August for the Mystery Dinner Theater fundraiser, The Fundraiser will held September 28 and 29th at 7p.m. Tickets for dinner and play are $35.00 and on sale at the senior center. 114 then of KENAI. ALASKA FIRE DEPARTMENT MID -MONTH REPORT September 2012 At the Fire Station, training continues to be the focus as the summer season is corning to a close. We have been working especially hard with driver's training as the dry roads of summer are the best time to accomplish this. The diversity of our employees is this area is a necessity so they may be used in a multitude of positions within the Fire Department. It takes a tremendous amount of time to become proficient enough to operate these vehicles. Soon these same new employees will start to work independently at the airport station and be trained to operate the airport's ARFF vehicle. Firefighter Lehi just attended a Safe Kids Care Seat conference in. Anchorage this past week. These conferences train car seat technicians on new technology in car seat protection, applications for different cars and the proper vay to inspect restraint systems and to pass this information along to parents. This is a needed service within the .ommunity that we are happy to stay a pan of. We hosted one car seat check at the Fire Station last month and will be hosting another on September 13, 2012. The Training Officer prepared and our department hosted a large scale drill with Nikiski Fire Department last month. This was an important drill for our employees to work together and interact with other firefighters from neighboring departments. On the scene of a fire is not the right time to introduce yourself. Even though the summer months have been slower, we are staying involved with Kenai Peninsula College and their Paramedic Ride a long program. We appreciate all the thoughts, calls and gift from members of the comm 115 iiy for 9 -I 1. the cif, or AL ALASKA PUBLIC WORKS DIRECTOR CAPITAL PROJECTS MANAGER SEPTEMBER 2012 MID -MONTH TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager DATE: September 12, 2012 SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • The Streets Department is grading gravel roads, repairing signs, sweeping dust and gravel from streets, painting traffic markings and parking lots, and working at the dock, Dock float removal in progress. • Robert Link was hired to fill the Operator 1 position that opened when Dale Baktuit retired. Status of Projects: • New Maintenance Shop 35% Design — Shop Foreman and Public Works Director continue to correspond with the Architect and design Engineers. Anticipated completion in October. • Siemens Energy Audit — Detailed project specific contract under review. • Leif Hansen Flower Beds — Complete. Closeout in progress, • James Street / Scenic Overlook Paving — In progress. Anticipated completion in September. • Municipal Park Improvements - In progress. • Kenai Industrial Park — Project delayed due to the results of a USAGE preliminary jurisdictional determination. Full wetlands delineation complete and submitted to USACE for review. • Water Treatment Facility - Punch list being generated. • Airport Automatic Door replacement - Awarded to Doors and Windows Inc. Contract being routed. • Airport Wav & Main Street Asphalt Upgrades - Design complete. To be bid in January. 116 BOYS & GILLS CLUB OF THE KENAI PENINSULA Kenai Recreation & Teen Center Annual Operations Plan Natasha Ala, Executive Director August 29, 2012 Annual Operations Plan 2012 117 ANNUAL OPPERATIONS PLAN Safety and Security Safety is a top priority for our organization I The safety of teens attending the Teen Center, the safety children participating in our athletics programs, the safety of the public using the facility and the safety of property belonging to the City of Kenai are of major concern to our organization. The Boys & Girls Clubs of the Kenai Peninsula has adopted the City of Kenai's Safety and Security Plan for the Rec & Teen Center. Staff regularly receives review training regarding the policies and procedures outlined in the Safety & Security Plan. Written copies of this plan are located at the front desks of both the Teen Center and the Rec Center for staff to easily access and review. In addition to implementing the City's Safety & Security Plan, all staff are certified in first aid and CPR. If an accident, injury or property damage occurs on the premises, staff is trained in documenting and reporting such occurrences. Any significant accident, injury or property damage will be reported to the Kenai City Manager and copies of Incident /Accident Reports will be made available to the City. Additionally, staff receives annual training from the Alaska State Office of Children Services regarding identifying and reporting child abuse and neglect, as well as how to work with OCS officials. The Boys & Girls Club is also working on implementing a sexual abuse prevention program that will be added to our policies and procedures. Hours of Operation Winter /Spring (October — May) Rec Center: 6:00 am — 10:00 pm, Monday — Saturday 1:00 pm — 5:00 pm, Sunday Teen Center: 2:00 pm — 9:00 pm, Monday — Friday 4:00 —9:00 pm on Saturday Summer /Fall (June — September) Rec Center: 8:00 am —10:00 pm, Monday — Saturday (closed Sunday) Teen Center: 9:00 am — 8:00 pm, Monday — Friday 4:00 pm — 8:00 pm Saturday (closed Sunday) The facility will be closed in observance of all holidays recognized by the City of Kenai: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Alaska Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving and Christmas Day. Annual Operations Plan 2012 118 Booking & Scheduling Any community member wishing to use the Rec Center facility can schedule usage based on availability of courts and equipment. A master schedule of court availability is kept at the front desk. Requests are recorded based on a first come first serve bases. Request to rent any part of the facility can be done by filling out a rental request form at the front desk. The request will be reviewed and the requestor will be notified of the outcome of their request. One weeks' notice is required for rentals that occur after operating hours. Current Fees A current fee schedule is attached to this report. City of Kenai employees participating in the 'City Wellness' program are allowed to use the facility at no cost. The Boys & Girls Clubs of the Kenai Peninsula does not char;e a usage fee, or a membershio fee to teens wishin' to attend the Teen Center. The Teen Center is open to all area teens and no fees are collected from teens unless they are participating in a special activity held at the Teen Center such as a dance, or other special event. Rules All rules regarding the use of the facility are posted prominently around the facility. A current copy of these rules is attached to this report. Program Schedule Attached is additional information regarding ongoing programs that take place in the facility. Ongoing public programs include the following: • Toddler Time: Tuesdays & Fridays, 10:00 am — 11:30am s Home School Gym Time: Tuesday & Friday, noon -1:30 pm • Sr. Exercise Time: Monday /Wednesday /Friday, 10:00 am - 11:30am • Men & Women's Basketball Leagues: December — March In addition to the above mentioned ongoing public programs we also accommodate the Kenai High School, and Kenai Middle School, athletic departments request to use the gym for basketball practice. The facility is also made available for KCHS after -prom and after- graduation festivities. Staffing Currently the Teen Center has a minimum of two staff on duty during hours of operation. The Rec Center staffs one employee, except at certain times when there is expected high usage of the facility. Annual Operations Plan 2012 119 FY 13 BUDGET ADM REC CENTER Teen Center Total City League Dally Fees Rental, Teen Members Facility Management, Teen memberships Ads & Emp Classifieds Wells Merge Bank Fees City League BGCA Membership Duos AuctlantGolf /Clubs Fle4teps Per Club events commercial Property, Auto Finandal Audit CPR GCI Cable Income Athletics Clubhouse Contributions Board andlor RC Corporate individual Cornerstone Event Auction Sales Golf Tournament Take our Kids Flatting Community Outreach General Fundraising Grant PAL ACLC Capacity Building Homer Youth &Tech immersion LeglstlaflveGrant OJP SOA- Summer Lunch State of Alaska -Snack united Way City Funds 1 14800.00 $ 14,000.00 37,000.00 10,000.00 $ 47,000.00 $ • 5 $ - $ $ - 5 £ $ - $ j $ 1,000.00 $ 1,000.00 $ $ $ - 5 5 - 30,000.00 £ 30.000,00 $ - 500.00 $ 500,001 1,500.00 $ 1,500.00 $ - 13 000.00 58,50000 68,500,00 $ 130,000.00 Total Income $ 13,000.00 $ 109,500.00 $ 101,500.00 $ 224,000.00 Expense Advertising Auto Background Profile Bank Services Building Lease 100.00 100.00 $ 200,00 400.00 400.60 $ 800.00 200.00 150.00 $ 350.00 615.00 615.00 5 1.230.00 $ Emp.lCommunity Relations Capacity Bldg Expenditures Contract Labor Contracts Pees & Subscriptions Employee Payroll & Benefits Employee Recognition EquipmentiLease Expense Event Activities General Fundraising ineuranta Portable Soldotna Postage & Delivery Printing .Professional Services Repairs & Maintenance Scholarship Expense Supplies Telephencentemet Training Trash Travoi Utilities Web Page Youth of the Year 50.00 $ 5090 12,00040 $ 12,000.00 2,260.00 50.00 $ 2,300.00 755.00 $ 755.00 13,000.00 74,060.00 80,314.00 § 167,374.00 160.00 150.00 $ 300.00 1,500.00 3,150.00 $ 4650.00 400.00 $ 400,00 5 - 100.00 $ 100.00 2100,00 2,100.00 $ 4200.0 200.00 $ 200.00 160.00 $ 150.00 1,600.00 1,600.00 $ 9,200.0 1,000.00 $ 1,000.00 10,000.00 $ 10,000.00 6,000.00 4,000.00 5 0,000.00 1,800.0 1,800.00 $ 3,60000 600.00 300.00 $ 900,00 $ $ 500.00 5 500.00 110.00 110.00 $ 220.00 200.00 $ 200.00 Total Expenses $ 13,000.00 5 104,335.00 $ 106,344.00 $ 223,679.00 Total Net Profit/Loss 0.00 6,165.00 (4,844.00)i 321.00 Total Profit 321.00 Kenai Recreation/Teen Center Annual Operations Pien FY13 120 Please acquaint yourself with the rules before trishaw the facility 1. Wipe or brush your feet upon entry, 2. Check in at the front desk before entering locker rooms. 3, Please pay all fees before using the facility. Sign waiver form far insurance pur poses. 4. Absolutely NO OUTSIDE FOOTWEAR FERMI I'LED on any court floors. *CLEAN, NON- IVIARKING COURT SHOES ONLY. 5. Lock up your valuables. We are not responsible for lost or stolen items. 6. Please do not leave personal effects in the lobby. We supply small lock boxes, free of charge, and lockers are available. in all locker rooms. 7. Please observe all safety notations in locker rooms. 8. Court reservations must he cancelled 2 HOURS in advance of court time or a $5.00 NO SHOW fee will be charged for each hour reserved. 9. No loitering allowed.. Keep hallway and office area clear of congestion. 10. FIGHTING WILL NOT BE TOLERATED. Violators will be barred from the facility for a. minimum of three (3) months, 11. NO SPITTING ALLOWED. This includes drinking fountains, floors, or showers, etc. You may lose your privileges to use the facility. 12. NO FOOD OR DRINK ALLOWED IN THE GYM. NO DUNKING, hanging on the erns, or pulling on the nets. Violators will be asked to leave for the set tie, determined by staff. 13. Foul language will not be tolerated; especially in the presence of children. 11. The Recreation and Teen Centers observe a ZERO TOLERANCE policy of NO DRUGS, ALCOHOL,. WEAPONS or TOBACCO products of any kind in. this facility. Anyone in possession, or under the influence, of these items will not be allowed in the building. Automatic 1 Month Suspension from the facility, 15. PARENTS: DO NOT LEAVE CHILDREN UNDER THE AGE OF TWELVE (12) UNSUPERVISED. DIRECT SUPERVISION IS REQUIRED AT ALL TIMES, 16. Upon closing, please exit the building in a timely manner. Recreation Center doors close at 10:OOpm. 17. Please respect the recreational rights of others. 18. WEIGHT ROOM AND SAUNA AGE LIMIT: These areas are limited to those customers it Fears of a e and older. 19. NC SKuTEBOAiRDINQ or ROLL E RBL Ar fNG ALLOWED on Recreation /Teen Center property. Violators are subject: to suspension. 20 N RC staff has the right to refuse service to any and all customers. �, EAK YOU 1:10.RIYOUR COOPERATION.. fIGJGYt YOUR; WO' ,, or(7Y€ KRC STAFF 121 E O et cr mz o F tr E n a Z v p U = C CS 9 0 00 W r O n4 Go Sri O (.9)‘-'' o 0 arc E U F ._. n u Z C !� w Paz gFLz � d 9 7 C C am ed nI V u 097` ��� C ® =® rs c2 ft C9 0 0 o 65 SS 605 SS VS 0 = V o C./ g cf; 6 ® ° 3 CU 2 E q E g H cn C U 1 o U u cn W r W a J F a l/ a h z&D ;r^(, - 5 s- -4 o _Ct , 41 0 Apa-,� t 0 F a [. a. ry Fyr0QI ® Ui g fl rl US ua E 00 emgc (1) MONTH GYM PASS GYM PUNCHCA. s, (includes Weight room, Sauna and Basketball during open gyro.) court & Sh 'con g & Showers. 4 4' x N a 9 U" F e L4.4 'J � � F wz .Fa q 122 -r BASKETBALL COURT OR TEEN CENTER $35.00 AF AO BUISNESS HOURS BASKETBALL COURT & TEEN CENTER w 0 3 SNESS HOURS * *ONE WEEK NOTICE 1 % ww W v ;GA t oc o zoa, a ge zz o E U E E w =9 C...t. 2 9 ; L 1 u a ? s E ct R V C v RI. C = ZI CO W 6 t E d E = c Z Z Z o R e. OOOa a O ec e U °ten �.° °iG e o R O co 73 00 F eQ. t w Y wk00 .E ET iN.i F e R x -t-,=t F , d = 9 "n ". A - z ? - E a Gro 44 c' o'E 4. mt4 123 BOYS & GIRLS CLUBS OF THE KENAI PENINSULA 2012/2013 SCHOOL YEAR BOYS & &IR CLUB SPORTS CALENDAR Activity: KARATE Deadline: Cost: Season: ON -GOING $50/MONTH Year Round 1/2 GRADE BASKETBALL Aug. 17th $60 H.S. BASKETBALL Aug. 24th $70 5/6 GRADE BASKETBALL Sept. 7th $60 3/4 GRADE BASKETBALL Nov 23rd $60 7/8 GRADE BASKETBALL Dec. 21st $70 INDOOR SOCCER Feb. 1st $60 (ors - 5th Grade) OUTDOOR SOCCER 8th - 12th Grade 6th - 7th Grade 4 years - 5th Grade April 26th $70 April 26th $70 April 26th $60 Sept. 3rd - Oct. 20th Sept. 10th - Nov. 3rd Oct. 8th - Dec. 8th Jan. 7th - Feb. 23rd Jan. 14th - Mar. 2nd Mar. 18th - May 4th June 3rd - July 20th June 3rd - July 20th June 17th - July 27th 2.013 SUMMER CA . S WORLD CLIP SOCCER April 19th $75 May 20th - May 24th 6 -12 years of age After April 19th 5100 CO -ED BASKETBALL July 12th S75 Aug. 5th - Aug. 9th 3rd - 6th Grade After July 12th 5100 Membership fee for 2013 is $75 per memb START £%'L4RT DATES TO BE ANNOUNCED WWW.. POS177 VEPLAGEFORKIDS. COM Athletic Director: Jeff Thompson ph.283 -3318 jth ompsonra?nositi vepla cefork i ds. com Revised 7 -3 -2012 124 CHECK OUTTHE NE El ODE .ED TEEN Free Pizza and of Beer Elsa ►r Date: FRIDAY, April 20th, 2012 Time: 6-9pm rtske from AK's Finest Sound and ightiug!! Madden `12 and NBA 2le12 on the Theatre!! X-Boa 360 kineet! Pool and Ping Poem;!! Door Prizes!! kindle and [.pod!! 100 PREP M EMBI°I l PS t l` 'l .N A A Tony Travers-Teen Director:283.3855 E -mail: atravers @positiveplaceforkids.com 125 BOYS & GIRLS CLUB OF THE KENAI PENINSULA BOYS & GIRLS CLUBS OF THE KENAI PENINSULA Press Release For Immediate Release Issued: July 19, 2012 Contact: Natasha Ala, Executive Director, Boys & Girls Club (907) 283 -2682 Jason Floyd, 4H Youth Development Agent (907) 262 -5824 Teen group `ROC the Kenai' Cleans Up After Dip Netters ### What began as a Caring for the Kenai project two years ago by Kenai High School student, Courtney Stroh, has been organized into a collaborative 4H1 Boys & Girls Club teen group, at the Kenai Teen Center, called `ROC (Respect our Community) the Kenai', `ROC the Kenai' teens are focusing their efforts on the proper disposal of fish remains generated by the dip net fishery at the mouth of the Kenai River and for the prevention of the bacteria, fecal coliform, which is created by the unnatural amounts of fish waste and seagulls. `ROC the Kenai' teens are currently making a presence on both the north and south beaches at the mouth of the Kenai River this dip net season, educating dip netters about proper disposal of fish waste, as well as picking up fish waste and disposing of the carcasses themselves. In partnership with the Kenai Watershed Forum, Stroh and members of the `ROC the Kenai' teens have produced radio public awareness ads in an effort to educate the public about the problem of fish waste at the mouth of the Kenai River. In addition to cleaning the beaches, individually talking to dip netters, and producing educational radio ads, Stroh and the `ROC the Kenai' teens have engaged in public dialog by meeting with Kenai administrators and writing to government officers regarding this problem facing our community. Stroh, along with the `ROC the Kenai' teens, are working with Local environmental and government groups, fisherman, and residents to encourage personal efforts, and government regulations, to keep the Kenai coastline clean of fish waste throughout the summer dip net fishing season. 705 Frontage Rd. Ste B, Kenai, AK 99611 Phone: (907) 283 -2682 Fax: (907)283 -4675 GREAT FUTURES START Rec Center Use: January 2012 DATE Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 3rd 22 8 5 0 226 261 4th 30 2 10 44 147 233 5th 24 0 2 0 208 234 6th 19 10 10 0 177 216 7th 6 0 0 0 125 131 8th 1 0 0 0 29 30 9th 34 31 22 0 210 297 10th 30 0 15 0 200 245 11th 21 16 8 10 140 195 12th 21 6 4 0 110 141 13th 13 13 0 0 239 265 14th 12 0 12 0 119 143 15th 0 18 0 0 13 31 16th 51 16 2 0 191 260 17th 18 6 2 0 261 287 18th 13 4 0 45 118 180 19th 12 10 0 0 131 153 20th 21 16 12 0 261 310 21st 8 4 0 0 156 168 22nd 5 0 0 0 19 24 23rd 31 12 0 0 212 255 24th 30 12 7 0 202 251 25th 14 3 6 40 111 174 26th 23 22 7 0 226 278 27th 20 12 2 0 104 138 28th 12 18 0 0 130 160 29th 3 0 0 0 28 31 30th 27 6 1 0 125 161 31st 19 6 14 0 180 219 0 0 540 253 141 139 4398 Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym 540 253 141 139 4398 5471 REC CENTER USE BY AREA (January) 127 • Wght Room ® Raq. Court B Raq. Court 2 ®Raq. Court 3 ij MGym Rec Center Use: February 2012 DATE Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 1st 14 10 2 42 128 196 2nd 21 8 4 0 227 260 3rd 15 4 4 2 200 225 4th 12 0 2 0 271 285 5th 2 0 0 0 10 12 6th 27 10 4 0 114 155 7th 29 0 0 0 172 201 8th 21 8 2 9 150 190 9th 22 16 4 0 249 291 100h 29 12 0 0 227 268 11th 17 0 0 0 72 89 12th 2 0 0 0 23 25 13th 17 25 14 0 153 209 14th 33 2 0 0 284 319 15th 14 2 2 0 109 127 16th 28 16 0 0 256 300 17th 35 16 0 0 351 402 18th 14 2 8 0 137 161 19th 6 0 0 0 28 34 20th 20 8 4 0 163 195 21st 26 10 8 0 146 190 22nd 14 8 0 0 153 175 23rd 25 12 0 0 256 293 24th 21 12 0 0 269 302 25th 8 14 0 0 119 141 26th 2 12 12 0 26 52 27th 22 5 4 0 87 118 28th 28 10 5 0 151 194 29th 21 12 8 10 85 136 0 0 545 234 87 63 4616 Wght Room Raq. Court 1 Raq. Court 2 Rag,. Court 3 Gym 545 234 87 63 4616 5545 REC CENTER USE BY AREA (February) 128 • Wght Room ® Raq. Court 1 e Raq. Court 2 ® Raq. Court 3 a Gym Rec Center Use: March 2012 DATE Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 1st 24 18 0 0 182 224 2nd 16 19 12 0 203 252 3rd 10 30 2 0 181 223 4th 5 0 0 0 48 53 5th 19 20 2 0 164 205 6th 22 6 0 0 138 166 7th 28 10 0 0 127 165 8th 29 8 16 0 208 261 9th 19 14 0 0 180 213 10th 23 8 2 0 194 227 11th 4 6 10 0 31 51 12th 30 12 14 0 195 251 13th 33 28 6 0 186 253 14th 22 10 6 0 210 248 15th 25 32 26 0 216 299 16th 19 22 18 0 250 309 17th 19 20 12 0 112 163 18th 1 2 2 0 26 31 19th 12 10 8 0 131 161 20th 23 2 6 0 148 179 21st 8 6 6 0 87 107 22nd 18 10 5 0 105 138 23rd 31 18 0 0 145 194 24th 27 32 55 0 286 400 25th 8 0 10 0 25 43 26th 24 27 11 0 72 134 27th 25 12 7 0 99 143 28th 19 18 8 0 101 146 29th 22 44 30 0 184 280 30th 18 22 20 0 88 148 31st 14 9 11 0 189 223 599 475 305 0 4511 Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym 599 475 305 0 4511 5890 REC CENTER USE BY AREA (March) 0 •Wght Room 305 •Raq. Court 1 ■Raq. Court 2 475 129 ® Raq. Court 3 el Gym Rec Center Use: April 2012 DATE Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 1st 26 17 9 0 153 205 2nd 15 19 12 0 196 242 3rd 9 28 14 0 154 205 4th 8 1 7 0 65 81 5th 17 4 0 0 133 154 6th 25 8 6 0 167 206 7th 28 9 4 0 129 170 8th 23 8 17 0 199 247 9th 22 12 5 0 172 211 10th 26 6 0 0 149 181 11th 5 8 14 8 41 76 12th 33 10 11 0 179 233 13th 21 22 12 0 168 223 14th 30 8 8 0 175 221 15th 24 28 22 0 136 210 16th 22 19 20 0 191 252 17th 19 15 9 0 97 140 18th 3 4 10 0 22 39 19th 12 12 12 0 123 159 20th 23 5 4 0 148 180 21st 11 6 0 0 88 105 22nd 14 11 8 0 97 130 23rd 28 19 12 0 106 165 24th 22 17 33 0 201 273 25th 15 12 10 5 29 71 26th 23 8 9 0 74 114 27th 22 0 6 0 89 117 28th 17 14 8 0 106 145 29th 20 40 25 0 148 233 30th 19 19 18 0 98 154 31st 11 7 10 0 159 187 593 396 335 13 3992 Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym 593 396 335 13 3992 5329 REC CENTER USE BY AREA (April) 130 ■ Wght Room • Raq. Court 1 ®Raq. Court 2 ®Raq. Court 3 la Gym Rec Center Use: May 2012 DATE Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 1st 19 7 6 0 27 59 2nd 8 6 6 0 74 94 3rd 10 4 0 0 10 24 4th 2 2 0 0 68 72 5th 6 4 8 0 324 342 6th 0 0 0 0 0 0 7th 42 15 7 10 450 524 8th 37 14 14 0 71 136 9th 24 6 2 20 54 106 10th 16 0 4 0 51 71 11th 20 54 0 0 33 107 12th 37 44 44 0 100 225 13th 0 0 0 0 0 0 14th 12 0 12 0 119 143 15th 38 0 0 0 68 106 16th 40 16 0 0 136 192 17th 25 10 22 0 67 124 18th 10 4 0 45 20 79 19th 8 5 3 0 150 166 20th 0 0 0 0 0 0 21st 30 10 4 0 50 94 22nd 28 0 6 0 112 146 23rd 25 6 2 0 73 106 24th 30 12 7 0 202 251 25th 7 12 6 0 42 67 26th 5 22 4 0 104 135 27th 0 0 0 0 0 0 28th 0 0 0 0 0 0 29th 3 0 0 0 83 86 30th 29 8 1 0 167 205 31st 33 6 10 0 120 169 0 0 517 254 156 75 2674 Wght Room Raq„ Court 1 Raq. Court 2 Raq. Court 3 Gym 517 254 156 75 2674 3676 REC CENTER USE BY AREA (May) 75 156 254`_ 131 •Wght Room %Raq. Court 1 %Raq. Court 2 %Raq. Court 3 nr_,..., Rec Center Use: June 2012 DATE Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym TOTAL 1st 18 10 12 0 49 245 2nd 35 14 8 0 304 239 3rd 0 0 0 0 0 0 4th 43 12 B 0 148 211 5th 16 0 2 0 169 187 6th 24 10 10 0 164 208 7th 19 0 0 0 87 106 8th 25 0 0 0 64 89 9th 42 31 22 0 187 282 10th 0 0 0 0 0 0 11th 28 16 12 10 128 194 12th 17 6 4 0 190 217 13th 51 13 0 0 92 156 14th 17 0 12 0 119 148 15th 38 18 0 0 13 69 16th 47 16 2 0 191 256 17th 0 0 0 0 0 0 18th 24 4 0 47 118 193 19th 21 10 0 0 131 162 20th 26 16 12 0 261 315 21st 43 4 0 0 156 203 22nd 29 0 0 0 19 48 23rd 27 18 0 0 212 257 24th 0 0 0 0 0 0 25th 17 12 4 28 250 311 26th 49 22 7 0 226 304 27th 20 12 2 0 104 138 28th 12 18 0 0 130 160 29th 3 0 0 0 28 31 30th 27 8 1 0 125 161 31st 0 0 0 0 0 0 0 0 665 246 98 85 3312 Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym 665 246 98 85 3312 4406 REC CENTER USE BY AREA (June) 132 • Wght Room ®Raq. Court 1 B Raq. Court 2 ®Raq. Court 3 ski fl.. Rec Center Use: July 2012 DATE Wght Room Rac. Court 1 Rac, Court 2 Rac. Court 3 Gym TOTAL 1st 0 0 0 0 0 0 2nd 43 28 8 0 69 148 3rd 26 16 2 0 59 103 4th 0 0 0 0 0 0 5th 32 12 0 0 72 116 6th 31 12 0 0 93 136 7th 25 12 0 0 57 94 Bth 0 0 0 0 0 0 9th 37 30 4 0 118 189 10th 39 9 6 0 115 169 11th 31 16 0 0 185 232 12th 35 0 0 0 112 147 13th 18 30 0 0 63 111 14th 22 18 10 0 119 169 15th 0 0 0 0 0 0 16th 51 8 6 0 180 245 17th 32 8 18 8 114 180 18th 16 0 0 0 49 65 19th 12 18 0 0 45 75 20th 25 16 0 0 12 53 21st 29 12 8 0 108 157 22nd 0 0 0 0 0 0 23rd 33 29 6 0 116 184 24th 65 22 4 0 182 273 25th 27 0 0 0 81 108 26th 28 10 0 0 74 112 27th 24 14 0 99 137 28th 21 8 8 0 145 182 29th 0 0 0 0 0 0 30th 35 16 0 0 115 166 31st 21 8 10 0 59 98 0 0 758 352 90 8 2441 Wght Room Raq. Court 1 Raq. Court 2 Raq. Court 3 Gym 758 352 90 5 2441 3649 REC CENTER USE BY AREA (July) 8 901/4\ 133 • Wght Room ® Raq. Court 1 • Raq. Court 2 ®Raq. Court 3 Teen Center Use: January 2 012 DATE Daily Attendance Daily Snack Count 1st 0 0 2nd 0 0 3rd 19 8 4th 25 7 5th 20 11 6th 19 11 7th 0 0 8th 0 0 9th 31 10 10th 30 10 11th 21 12 12th 21 14 13th 15 15 14th 0 0 15th 0 0 16th 19 7 17th 18 10 18th 20 17 1901 26 6 20th 21 16 21st 0 0 22nd 0 0 23rd 21 5 24th 20 8 25th 26 14 26th 18 7 27th 15 8 28th 0 0 29th 0 0 30th 30 7 31st 25 7 460 210 Attendance Snack Count 460 210 TOTAL 134 Teen Center Use: February 2012 DATE Daily Attendance Daily Snack Count 1st 25 14 2nd 6 0 3rd 8 0 4th 0 0 5th 0 0 6th 19 10 7th 15 8 8th 25 9 9th 21 7 10th 20 6 11th 0 0 12th 0 0 13th 16 15 14th 21 11 15th 25 16 16th 23 9 17th 18 10 18th 0 0 19th 0 0 20th 21 7 21st 20 8 22nd 0 0 23rd 21 5 24th 20 8 25th 26 14 26th 18 7 27th 15 8 28th 0 0 29th 0 0 30th 30 7 31st 25 7 407 172 Attendance Snack Count 407 172 TOTAL 135 Teen Center Use: March 2012 DATE Daily Attendance Daily Snack Count 1st 20 7 2nd 21 8 3rd 0 0 4th 0 0 5th 25 7 6th 19 10 7th 16 8 8th 15 10 9th 5 0 10th 0 0 11th 0 0 12th 6 0 13th 10 0 14th 7 0 15th 5 0 16th 8 0 17th 0 0 18th 0 0 19th 20 7 20th 20 9 21st 19 8 22nd 22 9 23rd 21 9 24th 0 0 25th 0 0 26th 18 7 27th 20 10 28th 16 10 29th 24 10 30th 25 9 31st 0 0 321 123 Attendance Snack Count 321 123 TOTAL 136 Teen Center Use: April 2012 DATE Daily Attendance Daily Snack Count 1st 0 0 2nd 16 9 3rd 24 15 4th 23 10 5th 20 12 6th 19 11 7th 0 0 8th 0 0 9th 15 7 10th 16 7 11th 13 5 12th 12 3 13th 20 10 14th 0 0 15th 0 0 16th 22 8 17th 16 6 18th 20 6 19th 20 10 20th 10 0 21st 0 0 22nd 0 0 23rd 22 10 24th 24 5 25th 26 9 26th 20 8 27th 23 10 28th 0 0 29th 0 0 30th 20 10 31st 0 0 387 162 Attendance Snack Count 387 162 TOTAL 137 Teen Center Use: May 2012 DATE Daily Attendance Daily Snack Count 1st 20 9 2nd 20 9 3rd 19 8 4th 21 8 5th 0 0 6th 0 0 7th 22 12 8th 26 10 9th 23 9 10th 21 7 11th 25 9 12th 0 0 13th 0 0 14th 18 8 15th 21 10 16th 25 11 17th 23 9 18th 24 9 19th 0 0 20th 0 0 21st 16 6 22nd 15 7 23rd 19 9 24th 16 7 25th 19 8 26th 0 0 27th 0 0 28th 0 0 29th 22 12 30th 19 8 31st 20 10 414 177 Attendance Snack Count 414 177 TOTAL 138 Teen Center Use: June 2012 DATE Daily Attendance Daily Snack Count 1st 16 7 2nd 0 0 3rd 0 0 4th 23 12 5th 26 11 6th 20 9 7th 26 17 8th 40 38 9th 0 0 10th 0 0 11th 16 9 12th 15 5 13th 23 12 1401 19 7 15th 18 8 16th 0 0 17th 0 0 18th 21 9 19th 23 10 20th 20 5 21st 26 16 22nd 10 3 23rd 0 0 24th 0 0 25th 10 3 26th 10 10 27th 23 11 28th 25 13 29th 40 40 30th 0 0 31st 0 0 434 248 Attendance Snack Count 434 248 TOTAL 139 Teen Center Use: July 2012 DATE Daily Attendance Daily Snack Count 1st 2nd 16 10 3rd 30 22 4th 5th 15 14 6th 15 9 7th 8th 9th 20 13 10th 26 20 11th 20 17 12th 21 13 1301 10 6 14th 15th 16th 11 7 17th 12 6 18th 11 9 19th 15 10 20th 13 5 21st 22nd 23rd 20 14 24th 24 17 25th 11 6 26th 23 19 27th 24 18 28th 29th 30th 20 15 31st 12 9 353 250 Attendance Snack Count 353 250 TOTAL 140 00 FOR COUNCIL SMALL TOOLS ER SALES COMPUT GOVERNMENT COMPUTER SALES COMPUTER EQUIPMENT TRAIL CONSTRUCTION CONSTRUCTON BOBCAT RENTAL CRAIG TAYLOR EQUIPMENT MAINTENANCE RESTAURANT CAR LOT PAVING PENINSULA ASPHALT PAVING MISCELLANEOUS RECREATION BEACH CLEAN -UP KCHS NORDIC SKI TEAM 141 THIS PAGE IS INTENTIONALLY LEFT BLANK 142 ME NDUM 'Village with a Past, Gity with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us TO: Mayor and Council Members FROM: Sandra Modigh, City C1erC \ \ DATE: September 11, 2012 October 2, 2012 City Election, Establishment of Canvassing Board KMC 6.05.120 establishes a Canvassing board, designates the City Clerk as its Chair, and consisting of the Chair of each precinct board for if needed, another election judge from the same precinct as a substitute), and up to five additional judges selected from among the qualified voters of the City. The Canvass Board will consist of the following people: Sandra Modigh, Chair I Eileen Bryson (Kenai Precinct No. 1) Betty Glick (Kenai Precinct No. 2) Mary Troy Castimore (Kenai Precinct No. 3) Corey Hall (Alternate) 143 THIS PAGE IS INTENTIONALLY LEFT BLANK 144 INION ( • ts.LJ{) ^'' sue_ 1_ 14E14 TI-LEPES VA 021110.+70 FF_PS !ft ra- OL3AMA pgrtant ie$�y Itt,. always imcresting ouithouse fe7 jur, duty. s. your etwcrnn:rnt to rlr Ithov, citizens. You fniL, selected In sit in +ietc .tranrcr. I've been uestions that 1. find hard VeS or no. better to let guilty ..aL•SL hannd to one in- , hot,: many guilty Men t free? Is it out:. ten. a d? "`.1 et however th -ey do the victims think about SETS ALL Ui4EIR NEWS .FPONI WIZ I LE;ALLW ?ANOTHER • I. ELECTION AILRFADVV" I EISATS W JC SINFC/RMFQ CLINT 30 IS NOT RLINWIWC when you drive unsafcly you and your car are in danger. A vcry .._Silty rc.po sihi ity it is to be on a it'll'. You are asked to make blind decisions ba. ed on what little information ;cicctiyc i } and p:rttl theatrically pre- sented to you. Yet many jarics still do tine job rf scrvinejustice. Yow gov,Anment has a few simple du- ties. It shall punish those who harm your physical per.un. and your private proper!;. It n-tisi Moderate civil disputes, and protect you from foreign invasion. it..hou!d leave rnen free to iivc their lives. on their own laud. in the !Hamner they see lit: as lorw as they don't harm others. Punishing to the full extent of the law. brine that du harm to oilier; ; is absolutely nl ; :nda ;ar; to maintain our freedom to live in a civil society. Sherrie :slornson making tiiis possible for our community. • Lisa Callahan, Principal Nikiski North Star Elementary School Cemetery groundskeeping appreciated i Wife and I are \'CI impressed with the: per-.nn takinC cmeof the Kenai City t:ern- Cter . IVe haw , son buried there since 1992 and have flL .. bad 'he cemeter7 well tak- en can: cif as it has !tti surnme:. Thank you" :arid i hope you ,:an retain this person. lie or she is a valuable entplovue. Unfortunately ve do not know his or her name. .Jerry Nelson Stildotrlti 145 Nothjna.fishv about contribution Cis THIS PAGE IS INTENTIONALLY LEFT BLANK 146 NOTICE OF PUBLIC HEARING SEPTEMBER 19, 2012 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. 1. 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. 2. Resolution No. 2012 -54 -- Rejecting all Bids for the Project Entitled Kenai Boating Facility Launch Ramp Floats 2012. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions e amended by the Council prior to adoption without further public notice. S. ■�< etligh, ($MC Ci. rk Posted: September 14, 2012 PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA }ss; Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #99490 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day following dates: September 17, 2012 in the issues on the SUBSCRIBED AND SWORN to me before s 18th day of September 2012 KENAI C AGENDA COUNCIL — REGULAR MEETING SEPTEMBER 19, 2012 7;00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI AK 95641 A CALL TO ORDER B. SCHEDULED PUBLIC COMMENTS ( Publc comm en (10) minutes per speaker). 1. Joseph B, Jolly -- Senior Connection / Meals on Wheels UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker thirty (30) minutes aggregated) PUBLIC :HEARINGS (Testimony limited to three (3) minutes per speaker, thirty (30) minutes aggregated Ordinance No 2650 -2012 — Amending the Kenai Municipal: Code,' Section 13.30.035,'Paid Parking," to Change the Title of That Section to 'Paid;. Periling; 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. 2. Resolution No. 2012.54 - Rejecting all Bids for the Project Entitled Kenai Boating Facility Launch Ramp Floats 2012 E. MINUTES 1. `Regular Meeting of September 5, 2012 F, UNFINISHED BUSINESS - None G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified 2. Action /Approval -- Purchase Orders Exceeding $15,000 3, Action/Approval - 2012 Election Precinct Boards 4. Action /Approval — Expenditure not to exceed $10,000 for of the Visitor Center Boat Cover. 5. Action/Approval -- Mayoral Nomination and Council Confirmation of Members: • Andrew W. McClure to the Airport Commission • Jordan J. Jackman to the Parks & Recreation Committee • Holly Tuttle to the Beautification Committee'. • Katy Knackstedtto the Library Commission 'Ordinance No 2651-2012 -- Waiving Certain Leasing Provisi Imposed by Kenai Municipal Code Sections 21.10.100, 21.10.170, and 21,10.090; Determining the Lease Term, and Approving the Form f Lease with Respect to Lot 7a-1, Block 2, FBO: Subdivision, Located ..ith n the Airport Reserve. to the Federal Aviation Administration for he Use of an Automated Flight Service Stotler). 7. 'Ordinance No 2652-2012 -- Amending Kenai Municipal Code Section 14.20,320, "Definitions; to. Provide Definitions for Uses Listed in KMC 14.22.010, "Land Use Table" and to Replace the Definition of Boa ding House to Better Define Boarding House in KMC 14.22.010, 'land Use Table." H. COMMISSION /COMMITTEE REPORTS 1, REPORT OF THE MAYOR 1. Nomination of Applicant to the Planning ADMINISTRATION REPORTS K. ADDITIONAL PUBLIC COMMENT 1 Citizens Comments (Public comment Emil speaker) 2, Council Comments L. EXECUTIVE SESSION -- None Scheduled M. PENDING ITEMS — None N. ADJOURNMENT The public is invited to attend and participate Additional information is available through the City Clerks office or by visiting our website at NOTARY PUBLIC i State of Alaska. My Commission exp favor for the es 27- Aug -16 �yE RUSS 14OTARY C3% PUSLIC .1/4*r Q' Commis min! hp/ lwww c' Irenai.akus Sandra Modigh, CMC, City Clerk