HomeMy WebLinkAbout2013-06-05 Council PacketCOUNCIL PACKET DISTRIBUTION
MAKE 17 PACKETS
Council Meeting Date: 5 Hof 3
Mayor
h
Council - 3 packets
Clerk
City Manager
pc
City Attorney
Finance
)
Library
Fire De artment
Cunnin ham
Kebschull
Student Re .
IM
Hall Binder
Schmidt
KSRM
ellish
ELECTRONIC COPY NOTICE G� �/ ��
Ls '
Send out notice to Council and 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.
JUNE 5, 2013
REGULAR COUNCIL MEETING
REQUESTED ADDITIONS TO THE PACKET
ADD TO:
Item D -1
Item D -3
Item D -5
Ordinance No. 2656 -2012:
Ordinance as amended at the March 6, 2013
council meeting
Ordinance No. 2704 -2013:
• 2009 Memorandum by City Manager and Exhibit A
• Email correspondence from the police department
regarding ATV use on the North and South beach
Resolution No. 2013 -36:
• Correspondence from Kathleen Martin
d /b /a KEE Construction, LLC
REQUESTED BY:
City Clerk
Molloy
City Manager
City Clerk
t%re cifv of
Sponsored by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2656 -2012
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE SECTION 3.10.070, LIVESTOCK WITHIN THE CITY
LIMITS, TO EXCLUDE FROM THE DEFINITION OF "LIVESTOCK" A LIMITED
NUMBER OF CHICKEN HENS TO ALLOW FOR THE KEEPING OF A SMALL NUMBER
OF CHICKEN HENS IN THE CITY AND AMENDING SETBACK REQUIREMENTS FOR
CHICKEN CONTAINMENT STRUCTURES
WHEREAS, the keeping of chicken hens within the City of Kenai is not currently
generally permitted by the Kenai Municipal Code except as may be permitted on
certain lots of 40,000 square feet or more; and,
WHEREAS, City residents have expressed an interest in keeping chicken hens as pets
and for purely domestic (not commercial) purposes to provide their families with a
supply of fresh eggs; and,
WHEREAs, the City possesses the authority to regulate the keeping an harboring of
animals within its jurisdiction and has previously adopted ordinances in Title 3 of the
Kenai Municipal Code; and,
WHEREAS, a relatively small number of chicken hens can be maintained within
populated areas of the City in reasonable densities without causing a nuisance if the
hens are properly located, managed, and maintained; and,
WHEREAS, in order to reasonable allow a limited number of chicken hens to be kept
on smaller City lots, changes to the set back requirements for animal containment
structures is required; and
WHEREAS, keeping a limited number of chicken hens for pets on other domestic
purposes may benefit many City residents.
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 3.10.070 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended
as follows:
3.10.070 Livestock within the city limits.
[DELETED TEXT BRACKETED]
Ordinance No. 2656 -2012
Page 2 of 4
(a) Except as otherwise provided in this section, no person shall keep or maintain
livestock within the City of Kenai.
(b) Livestock, other than bees, may be kept on lots of forty thousand (40,000)
square feet or greater. No livestock shall be allowed in the RU, RS1, RS2 or TSH zones.
Animals raised for a fur- bearing purpose are not allowed in any zone. Beekeeping will
be restricted as described in subsection (g).
(c) In this section "livestock" is defined as the following animals:
(1)
Cow
(2)
Horse
(3)
American bison
(4)
Llama
(5)
Alpaca
(6)
Sheep
(7)
Swine
(8)
Goat
(9)
Mule
(10)
Donkey
(11)
Ratite
(12) Duck
(13) Goose
(14) More than 12 cfC]hicken Hens
(15) Turkey
(16) Rabbit
(17) Honey bees (Apis mellifera)
(18) Rooster
(d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control
Officer may issue temporary permits of not more than fourteen (14) days for the
keeping of livestock not otherwise allowed for public exhibitions or entertainment
events. The Chief Animal Control Officer may impose conditions on the permits as
reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for
a violation of the conditions of the permit or pertinent section of the Kenai Municipal
Code. The City may charge a permit fee, which fee shall be as set forth in the City's
schedule of fees adopted by the City Council.
(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying
adjoining property owners in writing and allowing reasonable time for comment, issue
a permit for the keeping of livestock for educational or youth activities, such as 4 -H,
New Text Underlined; [DELETED TEXT
Ordinance No. 2656 -2012
Page 3 of 4
Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under
this section. The permit shall state the duration of the permit, which shall not exceed
two (2) years, and the type and number of livestock to be kept. The Chief Animal
Control Officer may impose conditions on the permits as reasonably necessary for
sanitation, safety, or hygiene. The permit may be revoked for a violation of the
conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or
revocation of a permit may be made in writing to the board of adjustment. A permit
may be renewed following written notice and reasonable time for comment to the
adjoining property owners. The City may charge a permit fee, which fee shall be as set
forth in the City's schedule of fees adopted by the City Council.
(e) Lots on which livestock are kept on the effective date of the ordinance codified
in this section which are not eligible for the keeping of livestock under this section
shall be considered a non - conforming use of land under KMC 14.20.050. No new or
replacement livestock may be kept or introduced on such lots after the effective date of
the ordinance codified in this section. Offspring of livestock allowed as a non-
conforming use under this section may be kept on such lots only until they are old
enough to be relocated to a site conforming to this section or outside of the city limits.
(f) Except as set forth in subsection (g) and (h), below, corrals, pens, hutches,
coops or other animal containment structures must have a minimum setback of
twenty-five feet (25') from the property's side yards, fifty feet (50') from the front yard,
and ten feet (10') from the back yard. All animal containment structures must be
secure and in good repair.
(g) Pens, hutches, coons or other appropriate containment structures used to
contain twelve(12) or less chicken hens must have a minimum setback of fifteen feet
(151 when possible from the property's side yard fifty feet (501 from the front yard
and fifteen feet (151 when possible from the back vard. All containment structures
must be secure and in good repair.
(1) Intent to keep hens shall be registered with the animal control office
[(G)](1h) No person may keep honey bees, Apis mellifera, in a manner that is
inconsistent with the following requirements or that is inconsistent with any other
section of this code.
(1) Colonies shall be managed in such a manner that the flight path of bees to and
from the hive will not bring the bees into contact with people on adjacent property. To
that end, colonies shall be situated at least twenty-five feet (25') from any lot line not
in common ownership; or oriented with entrances facing away from adjacent property;
or placed at least eight feet (8') above ground level; or placed behind a fence at least six
feet (6') in height and extending at least ten feet (10') beyond each hive in both
directions.
(2) No person shall keep more than four (4) hives on a lot of ten thousand (10,000)
square feet or smaller, nor shall any person keep more than one (1) additional hive for
New Tent Underhned; [DELETED TEXT BRACKETED]
Ordinance No. 2656 -2012
Page 4 of 4
each additional two thousand four hundred (2,400) square feet over ten thousand
(10,000) on lots larger than ten thousand (10,000) square feet.
(3) It shall be a violation for any beekeeper to keep a colony or colonies in such a
manner or in such a disposition as to cause any unhealthy condition to humans or
animals.
(4) Beekeepers shall take appropriate care according to best management practices
when transporting hives of bees. Bees being transported shall have entrance screens
or be secured under netting.
(5) The term "hive" as used in this section means the single structure intended for
the housing of a single bee colony. The term "colony" as used in this section means a
hive and its equipment and appurtenances, including bees, comb, honey, pollen, and
brood.
[(H)] A person seeking relief from the provisions of this section may apply for a
conditional use permit under KMC 14.20.150.
Section 4. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take
effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June,
2013.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: November 7, 2012
Public Hearing: November 21, 2012
Public Hearing: March 6, 2013
Adopted: June 5, 2013
Effective: July 5, 2013
New Text Underlined; [DELETED TEXT BRACKETED]
with a Past, C# with a Future"
210 Fidalgo.Avenue, Kenai, Alaska 99611- 7794. trdd
Telephone: 907- 283 -7535 / FAX:.907- 283 - 3014'.
MEMO:
TO: City Council
FROM: Rick Koch
DATE: December 2, 2009
SUBJECT: North & South Shore Beach Management and Off -Road Vehicle
Operations
The purpose of this correspondence is to transmit for your review and discussion information
regarding the two above referenced subjects.
North & South Shore Beach Management
North Shore - This past summer the administration modified the previous use permitted uses
on the North Shore. Attached is a map (Exhibit A) identified as "North Shore Proposed Beach
Management Plan. ".This is consistent with the interim management plan which was in effect
this past summer. We have had a very positive response from residents along the bluff on
Toyon Drive and Administration recommends this management plan remain in- place.
There was discussion and an.ordinance introduced to lowerthe speed limit to 10 miles per hour
for all motorized vehicles on the portion of the North Beach depicted as cross /hatched areas on
the proposed management plan. There is already a code requirement that provides a maximum
speed limit of 10 miles per hour (mph) for motorized vehicles when "....in close proximity to
other persons" (KMC 13.40.040). A speed of 10 mph when no other persons are in close
proximity is simply too slow. Trucks hauling fish from setnet sites would have difficulty
navigating in soft sand. It would take a vehicle 9 minutes to travel the 1 -1/2 miles in the
proposed 10 mph zone.
I believe the real issue is noise, not speed, and ratherthan creating a large volume of
individuals who violate a very.slow speed limit, we could modify the code to include specific
language providing limitations on the volume of noise caused by motorized vehicles.
1992
South Shore— Administration has not received complaints regarding the allowed uses on the
South Shore, rather than protection of the dunes is an . issue and that is being addressed.
Therefore, we recommend no changes to the present management of the South Shore.
off- Road'Vehicle Operations
' :;Attached please find thafollowing:
1. Memo, Sandahl to Koch dated December 1; 2009 (Exhibit B)
2. Memo, Sandahl to Koch dated Mayl, 2009 (Exhibit C)
The number ofcomplaints we receive regarding . snowmobile use is relatively small. The number
of complaints we receive about ATV's is greater. The specific data is included in the
attachments. Many residents in the City enjoy being able.to responsibly operate a
snowmachine and /orATV from their homes. I recommend we discuss the code changes Chief
Sandahl has suggested and undertake an effort to provide the public with information so they
understand the limitations on snowmachine and ATV use. We should also provide an increased
level of enforcement, when and where appropriate.
will
miss
.� iINN
°�� O� ♦♦♦O\
,
■ 1 ❖.•••Ii
♦111'
♦..11
■
o
3 $
0 0
Q oa
IZ 5
m q N Y
60.JC
N U 6
i Z 2 N 01
�:NCj4
EXHIBIT--- A_
pap—J —ot 1
0
ILE
. ❖,000
..... Oq
;.•.�.❖ Eo
,,.,.,.
��•„
, C4 C4 v
o
3 $
0 0
Q oa
IZ 5
m q N Y
60.JC
N U 6
i Z 2 N 01
�:NCj4
EXHIBIT--- A_
pap—J —ot 1
0
Rick Koch
From:
Gus Sandahl
Sent:
Monday, June 03, 2013 8:42 AM
To:
Rick Koch
Subject:
FW: ATV use on North and South Beach
FYI
From: Dylon Story
Sent: Saturday, June 01, 2013 9:40 PM
To: Gus Sandahl
Subject: ATV use on North and South Beach
Good evening Chief,
This was a very slow weekend for ATV use on the city beaches. This week I worked from Wednesday the 29th through
today, June 1st, and did not witness a single ATV on either beach. Just wanted to touch base and give you a quick report.
Dylon
Kathleen Martin
DBA KEE Construction, LLC
PO Box 521
Cooper Landing, AK 99572
Phone & Fax (907)595 -1632
May 28, 2013
To: Kenai City Council
Kenai City Hall
City Clerk's Office
210 Fidalgo Avenue
Kenai, AK 99611
Dear City Council Members,
RECEIVED
3 G 2013
Kenai City Clerk's Office
Hello. On June 5, 2013 our preliminary plat for KEE's Tern Subdivision will be brought before you.
Rick Koch, City Manager, conferred with the City Attorney and provided us with the following City Code
provisions that address road construction standards:
KMC 14.10.070 Subdivision Design Standards;
KMC 14.10.080 Minimum Improvements required;
KMC 14.20.320 Definitions;
KMC 18.10.020 Street Building Permits;
KMC 18.10.030 Street Improvements;
KMC 18.10.040 Street Drainage;
KMC 18.10.050 Curb Cuts and Driveways; and
there are also provisions in KMC 18.20 Excavations in City Streets by Contractors or Utility Companies,
that apply to excavation.
I went to the City of Kenai's website & printed them off so that we could use them as a guideline as we go
through this process of getting our plat approved by the City and go through the construction phases of our
development. As you are probably aware, these codes are quite old and in need of upgrading to bring them up to
industry standards.
The City of Kenai needs to develop a more comprehensive development code that provides for Operation and
maintenance, Safety, and balances that with reasonable and necessary cost that would do more to attract developers.
The "American Association of State Highway and Transportation Officials" (AASHTO) design manual entitled "A
Policy on Geometric Design of Highways and Street" is the Industry Standard for design and that which the Kenai
Peninsula Borough closely follows.
The City of Kenai code provides pretty limited guidance and does not address variable conditions very well, if at
all... as an example:
City of Kenai Code requires(rega rd less of development) a 42 inch NFS section, with a 30 foot graded
surface , 2 foot ditches with 6 inch graded gravel surfacing within 12 inches plus or minus of property line
and that it be designed to drain ...period. It also refers to concrete sidewalks that conflict with the gravel
road and ditch requirement.
Page 1 of 3
2. It does not address safety and cost efficiency at all that is driven by lot density, traffic volume, design speed,
sight distance, maximum grades, super elevations, or clear zones.
We asked our engineer, Wince Corthell Bryson, what standards they use in road design and were provided the
following information:
The Borough has addressed most of the above
by establishing road categories based
on Lot Dens Ry with minimum requirements as follows
Travel Way (total)
Category Lot Density
Gravel Width (total)
Paved width a Shoulders
Clear ZOnes Min Radius
Max Grade
1 10
20'
20' 24'
15' 300 '
12%
II 1020
22'
20' 24'
15'
2'
III it -So
24'
22' 11
15'
30 -40
IV > 50
26'
24' 28'
15' 300'
12%
For the remaining standards we use AASHTO
The AASHTO Standards set design criteria by Design speed, Average Dairy Traffic(AM) and the type of terrain in the area as follows for level to moderate terrain such as around here.
AM
Designspeed
Travel Way (total)
Shoulders
Crown
Sight Distances Max Grades Super Elevation
Clear Zone
<50
2D -30 mph
113'
2'
1.5 -3%
125 -200' 7 -11% 4%
1D'
50.250
30
20'
2'
20'
200' 7 -10% 4%
10'
250 -400
30 -40
20'
2'
1.5 -3%
200 -300' 7 -9% 4%
10'
2'
1.5 -3%
200' -300'
7 -9%
4%
Sight distance is controlled by horizontal and vertical curve
parameters
For the remaining standards we use AASHTO. The AASHTO Standards set design criteria by Design Speed, Average Daily
Traffic (ADT) and the type of terrain in the area as follows for level to moderate terrain such as around here.
ACT
Design
Speed
Travel
way
(total)
Shoulders
Crown
Sight
Distances
Max Grades
Super Elevation
Clear
Zone
<50
20 -30 mph
SS'
2'
1.5 -3%
125' -200'
7 -11%
4%
10'
50 -250
30
20'
2'
200'
7 -10%
4%
1
10'
250 -400
30 -40 mph
20'
2'
1.5 -3%
200' -300'
7 -9%
4%
10'
Sight distance is controlled by horizontal and vertical curve parameters
AASHTO goes on to describe other considerations such as, on street parking in urban setting(s) where lot size
does not provide for a lot of on lot parking, as well as lesser horizontal and increased vertical alignments in low volume
and low speed areas. It also addresses rural agricultural areas and commercial areas that might require wider sections
for machinery and truck traffic.
For instance, under Kenai Peninsula Borough and AASHTO standards, your subdivision streets could be paved 20
feet wide with 2 foot shoulders for a total width of 24 feet finished; gravel sub base would be 26 foot wide.
The City of Kenai really needs to address street improvements that fit a range of applications such as the
Borough and AASHTO does; that way developers could match a reasonable amount of cost to meet required safety and
maintenance considerations.
Originally, it was suggested /recommended by the City that we construct roads to Municipality of Anchorage
Standard Specifications (MASS 2009). We objected to this because MASS 2009 was never formally adopted by the City
of Kenai, and has codes specific to Municipality of Anchorage communities (not Kenai Peninsula Borough communities).
The Municipality of Anchorage has a higher density of people /traffic, water, sewer, electricity and natural gas are more
readily available, and a higher rate of existing roads are paved that might be used to access a new development within
their municipality. In short, they don't reflect communities or conditions within our Borough.
It has been our intention, and we still desire, to build the roads in KEE'S Tern Subdivision to Kenai Peninsula
Borough (KPB) Standards. Their applicable codes are more in line with current industry standards (American
Association of State Highway and Transportation Officials ( AASHTO) design manual entitled "A Policy on Geometric
Page 2 of 3
Design of Highways and Street ") and were written /designed to regulate areas within its confines, when necessary to
mention specific regulation(s) to certain communities it does, and addresses conditions and safety within their borders.
I am therefore requesting a waiver from City of Kenai Code requirements for road construction. I request to
construct roads within KEE's Tern Subdivision to applicable Kenai Peninsula Borough Code Standards
The Water waiver for KEE's Tern Subdivision is pretty easy to justify as the cost per lot due to their frontage
would be about $20,000.00 - $25,000.00 per lot. Reducing the lot size to reduce the water cost would create too high a
concentration of on lot septic systems that would very likely not pass the ADEC Modeling limits on Nitrates build up in
the groundwater.
I thank you for your time and careful consideration in this matter.
Sincerely,
Kathleen A. Martin, Property Owner
Home /Office Ph (907)595 -1632 or Cell (907)252 -8163
Page 3 of 3
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
JUNE 5, 2013
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
*All items listed with an asterisk ( *) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in
which case the item will be removed from the consent agenda and considered in
its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section
3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a
Small Number of Chicken Hens in the City and Amending Setback Requirements
for Chicken Containment Structures ............................................. ............................... Pg 7
[Clerk's Note: At its March 6, 2013 meeting, Council postponed Ordinance
No. 2656 -2012 for 90 days and the ordinance was referred to administration.
Motion to enact is on the floor.]
• Substitute Ordinance No. 2656 -2012 — Amending the Kenai
Municipal Code Section (KMC) 3.10.070 Livestock within the City
Limits, and KMC 3.05.100 Fees and Repealing and Reenacting KMC
Chapter 3.15 Licensed Facilities, to Allow for Twelve (12) Chicken
Hens or Less to be Kept on Certain Parcels within the City of Kenai
that are Less than Forty Thousand (40,000) Square Feet in Size
Pursuant to a License Issued by the Animal Control Office and Making
other Housekeeping Changes to KMC 3.10.070 and Chapter 3.15............ Pg 39
2.
Ordinance No. 2703 -2013 — Increasing Estimated Revenues and Appropriations
2. Action /Approval — Purchase Orders Exceeding $15, 000 ............ ...............................
Pg 127
by $512.45 in the General Fund - Police Department for State Traffic Grant
Kenai Peninsula Borough Planning and Zoning Commission ....... ...............................
Overtime Reimbursement ............................................................. ...............................
Pg 57
3.
Ordinance No. 2704 -2013 — Amending KMC 13.40.040 to Provide for a
of Lease for Security Purposes by the City of Kenai to Arctic Barnabas Ministries,
Seasonal Speed Limit of Twenty (20) Miles Per Hour While Driving Motorized
Inc. for Lot 5, Block 5, General Aviation Apron Subdivision No. One in the Kenai
Vehicles on a Certain Portion of the North Shore Public Beach .... ...............................
Pg 61
4.
Ordinance No. 2705 -2013 — Increasing Estimated Revenues and Appropriations
Parking Area from Kenai Landing, Inc .......................................... ...............................
Pg 143
by $2,343.04 in the General Fund — Police Department for Justice Assistance
Lease with Alaska Realty Group, Inc for Space No. 21 ................. ...............................
Grant Overtime Reimbursement ................................................... ...............................
Pg 69
5.
Resolution No. 2013 -36 — Granting Public Water and Sewer System Exceptions
to KMC 14.10.080, Minimum Improvements, for Kee's Tern Subdivision Pursuant
to KMC 14.10.090, Variations and Exceptions .............................. ...............................
Pg 71
6.
Resolution No. 2013 -37 — Awarding a Contract for the Construction of Meeks
Trail Repair to Peninsula Construction for an Estimated Total Cost of $67,380...........
Pg 107
E.
MINUTES
1.
*Regular Meeting of May 15, 2013 ................................................ ...............................
Pg 109
F.
UNFINISHED BUSINESS
G.
NEW BUSINESS
1. Action /Approval — Bills to be Ratified ......................................... ...............................
Pg 125
2. Action /Approval — Purchase Orders Exceeding $15, 000 ............ ...............................
Pg 127
3. Action /Approval — Recommendations to Mayor Navarre for Appointment to the
Kenai Peninsula Borough Planning and Zoning Commission ....... ...............................
Pg 129
4. Action /Approval — Appointment to the Personnel Arbitration Board ...........................
Pg 131
5. Action /Approval — Collateral Assignment of Lease and Consent to Assignment
of Lease for Security Purposes by the City of Kenai to Arctic Barnabas Ministries,
Inc. for Lot 5, Block 5, General Aviation Apron Subdivision No. One in the Kenai
Recording District, Third Judicial District, State of Alaska ............. ...............................
Pg 133
6. Action /Approval — Approving Acceptance of a Public Access Easement and
Parking Area from Kenai Landing, Inc .......................................... ...............................
Pg 143
7. Action /Approval — Approving the Second Amendment to the Terminal Area
Lease with Alaska Realty Group, Inc for Space No. 21 ................. ...............................
Pg 149
City of Kenai Council Meeting Agenda Page 2 of 5
June 5, 2013
H.
8. Action /Approval — Approving the First Amendment to the Terminal Area Lease
with Alaska Realty Group, Inc for Space No 9 .............................. ............................... Pg 155
9. Action /Approval — Renewal of Special Use Permit to Reddi Towing & Salvage,
LLC for Lot 4, Block 5, Cook Inlet Industrial Park .......................... ............................... Pg 161
10. Action /Approval — Amending the Kenai City Council Policy Commission,
Committee, Board and Council on Aging Meeting and Work Sessions by
Reducing the Library Commission's Meeting Schedule to Quarterly ............................ Pg 171
11. Action /Approval — Approval of Restaurant Designation Permit for Jennifer Lee,
d /b /a New Peking Chinese Restaurant ......................................... ............................... Pg 175
12. Discussion — Schedule Evaluations for the City Clerk, City Attorney and City
Manager.
13. *Ordinance No. 2706 -2013 — Accepting and Appropriating Grants in the Amount
of $375,000 from the Federal Aviation Administration and $12,500 from the State
of Alaska in the Airport Improvement Capital Project Fund and Appropriating
$12,500 in the Airport and Airport Improvements Capital Project Fund, All for the
Obstruction Tree Removal Project .................................................. .............................Pg 183
14. *Ordinance No. 2707 -2013 — Accepting and Appropriating a Grant in the
Amount of $90,000 from the State of Alaska for the Public Safety Capital Project
Fund............................................................................................... .............................Pg 187
15. *Ordinance No. 2708 -2013 — Accepting and Appropriating a Grant in the
Amount of $2,500,000 from the State of Alaska for the Water and Sewer Capital
ProjectFund .................................................................................. .............................Pg 191
16. *Ordinance No. 2709 -2013 — Accepting and Appropriating a Grant in the
Amount of $110,000 from the State of Alaska for the Public Safety Capital Project
Fund............................................................................................... .............................Pg 195
17. *Ordinance No. 2710 -2013 — Accepting and Appropriating a Grant in the
Amount of $150,000 from the State of Alaska for the Personal Use Fishery
CapitalProject Fund ....................................................................... .............................Pg 199
1. Council on Aging ............................
2. Airport Commission ........................
3. Harbor Commission
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission
7. Beautification Committee ................
8. Mini -Grant Steering Committee
of Kenai Council Meeting Agenda Page 3 of 5
--ane 5, 2013
REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION — Matters which by Law, Municipal Charter, or Ordinance
are Required to be Confidential [AS 44.62.310 (c)(3)] — Attorney / Client Privilege
Regarding Lashbrook Board of Adjustment Appeal and Referendum Petition to
Repeal Ordinance No. 2681 -2013.
M. PENDING ITEMS — None
N. ADJOURNMENT
1. Purchase Orders between $2,500 and $15,000 for Council Review ............................Pg
213
2. The Kenai Birding Festival 24 Hour Midnight Sun Big Sit Update . ...............................
Pg 215
3. Cook Inlet Regional Citizens Advisory Council Board of Directors Annual Meeting
of May 3, 2013 Synopsis by President John Williams ................... ...............................
Pg 219
4. Resolution Providing for the Submission to the Qualified Voters of the City of
Kenai, at the Regular Election of October 1, 2013, the Question of Repealing
Section 9 -4, Pardons, Paroles and Communications, of the Charter of the City of
Kenai to Remove the Power of the Mayor to Pardon or Parole Persons Convicted
of Violating City Charter or Ordinance and to Commute Sentences .............................
Pg 223
5. Resolution Providing for the Submission to the Qualified Voters of the City of
Kenai, at the Regular Election of October 1, 2013, the Question of Amending
Section 2 -14. Ordinances: Adoption by Reference, of the Charter of the City of
Kenai to Remove References to Milk and Milk Products ............... ...............................
Pg 225
6. Resolution Providing for the Submission to the Qualified Voters of the City of
Kenai, at the Regular Election of October 1, 2013, the Question of Amending
Article 10, Elections, of the Charter of the City of Kenai to Provide Designated
Seats for Each Council Position and Allow Qualified Voters to Vote in an Election
for a Candidate for Each Seat ...................................................... ...............................
Pg 227
7. Resolution Providing for the Submission to the Qualified Voters of the City of
Kenai, at the Regular Election of October 1, 2013, the Question of Amending
Section 2 -6. Council: Meetings, of the Charter of the City of Kenai to Allow for a
Reduced Number of Required Council Meetings .......................... ...............................
Pg 231
8. Resolution Providing for the Submission to the Qualified Voters of the City of
Kenai, at the Regular Election of October 1, 2013, the Question of Amending
City of Kenai Council Meeting Agenda Page 4 of 5
June 5, 2013
Section 10 -3. Filing, to Remove the Requirement that Candidates for Mayor and
Council Provide a Petition Signed by Twenty or More Registered Voters .................... Pg 233
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.
of Kenai Council Meeting Agenda Page 5 of 5
. une 5, 2013
UNRAUISIIA
COUNCIL REFERRED TO: i1kk%j l it) 4 71:n o^v) (ll t i1uc
Dabs (lla7ll-2
Rg11 si 2 J24 113 -6v- Sponsored by: Council Member Boyle
1 retu Stn'1 -iy) aLf
CITY OF KENAI
ORDINANCE NO. 2656 -2012
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE SECTION 3.10.070, LIVESTOCK WITHIN THE CITY
LIMITS, TO EXCLUDE FROM THE DEFINITION OF "LIVESTOCK" A LIMITED
NUMBER OF CHICKEN HENS TO ALLOW FOR THE KEEPING OF A SMALL NUMBER
OF CHICKEN HENS IN THE CITY AND AMENDING SETBACK REQUIREMENTS FOR
CHICKEN CONTAINMENT STRUCTURES
WHEREAS, the keeping of chicken hens within the City of Kenai is not currently
generally permitted by the Kenai Municipal Code except as may be permitted on
certain lots of 40,000 square feet or more; and,
WHEREAS, City residents have expressed an interest in keeping chicken hens as pets
and for purely domestic (not commercial) purposes to provide their families with a
supply of fresh eggs; and,
WHEREAs, the City possesses the authority to regulate the keeping an harboring of
animals within its jurisdiction and has previously adopted ordinances in Title 3 of the
Kenai Municipal Code; and,
WHEREAS, a relatively small number of chicken hens can be maintained within
populated areas of the City in reasonable densities without causing a nuisance if the
hens are properly located, managed, and maintained; and,
WHEREAS, in order to reasonable allow a limited number of chicken hens to be kept
on smaller City lots, changes to the set back requirements for animal containment
structures is required; and
WHEREAS, keeping a limited number of chicken hens for pets on other domestic
purposes may benefit many City residents.
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 3.10 070 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended
as follows:
3.10.070 Livestock within the city limits.
New Tent Underlined; (DELETED TEXT BRACKETED(
Page 7 of 234
Ordinance No. 2656 -2012
Page 2 of 4
(a) Except as otherwise provided in this section, no person shall keep or maintain
livestock within the City of Kenai.
(b) Livestock, other than bees, may be kept on lots of forty thousand (40,000)
square feet or greater. No livestock shall be allowed in the RU, RS1, RS2 or TSH zones.
Animals raised for a fur- bearing purpose are not allowed in any zone. Beekeeping will
be restricted as described in subsection (g).
(c) In this section "livestock" is defined as the following animals:
(1) Cow
(2) Horse
(3) American bison
(4) Llama
(5) Alpaca
(6) Sheep
(7) Swine
(8) Goat
(9) Mule
(10) Donkey
(11) Ratite
(12) Duck
(13) Goose
(14) More than 12 cIC]hicken Hens
(15) Turkey
(16) Rabbit
(17) Honey bees (Apis mellifera)
(181 Rooster
(d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control
Officer may issue temporary permits of not more than fourteen (14) days for the
keeping of livestock not otherwise allowed for public exhibitions or entertainment
events. The Chief Animal Control Officer may impose conditions on the permits as
reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for
a violation of the conditions of the permit or pertinent section of the Kenai Municipal
Code. The City may charge a permit fee, which fee shall be as set forth in the City's
schedule of fees adopted by the City Council.
(2) Except in the RU zone, the Chief Animal Control Officer may, after notifying
adjoining property owners in writing and allowing reasonable time for comment, issue
a permit for the keeping of livestock for educational or youth activities, such as 4 -H,
New Text Underlined; )DELETED TEXT BRACKETED)
Page 8 of 234
Ordinance No. 2656 -2012
Page 3 of 4
Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under
this section. The permit shall state the duration of the permit, which shall not exceed
two (2) years, and the type and number of livestock to be kept. The Chief Animal
Control Officer may impose conditions on the permits as reasonably necessary for
sanitation, safety, or hygiene. The permit may be revoked for a violation of the
conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or
revocation of a permit may be made in writing to the board of adjustment. A permit
may be renewed following written notice and reasonable time for comment to the
adjoining property owners. The City may charge a permit fee, which fee shall be as set
forth in the City's schedule of fees adopted by the City Council.
(e) Lots on which livestock are kept on the effective date of the ordinance codified
in this section which are not eligible for the keeping of livestock under this section
shall be considered a non - conforming use of land under KMC 14.20.050. No new or
replacement livestock may be kept or introduced on such lots after the effective date of
the ordinance codified in this section. Offspring of livestock allowed as a non-
conforming use under this section may be kept on such lots only until they are old
enough to be relocated to a site conforming to this section or outside of the city limits.
(f) Except as set forth in subsection (g) and (h), below, corrals, pens, hutches,
coops or other animal containment structures must have a minimum setback of
twenty-five feet (25') from the property's side yards, fifty feet (50') from the front yard,
and ten feet (101 from the back yard. All animal containment structures must be
secure and in good repair.
(R) Pens, hutches, coops or other appropriate containment structures used to
contain twelve(12) or less chicken hens must have a minimum setback of five feet (51
from the property's side yard, fifty feet (501 from the front yard, and five feet (51 from
the back yard. All containment structures must be secure and in good repair.
[(G)J(h) No person may keep honey bees, Apis mellifera, in a manner that is
inconsistent with the following requirements or that is inconsistent with any other
section of this code.
(1) Colonies shall be managed in such a manner that the flight path of bees to and
from the hive will not bring the bees into contact with people on adjacent property. To
that end, colonies shall be situated at least twenty -five feet (25') from any lot line not
in common ownership; or oriented with entrances facing away from adjacent property;
or placed at least eight feet (8') above ground level; or placed behind a fence at least six
feet (6') in height and extending at least ten feet (10') beyond each hive in both
directions.
(2) No person shall keep more than four (4) hives on a lot of ten thousand (10,000)
square feet or smaller, nor shall any person keep more than one (1) additional hive for
each additional two thousand four hundred (2,400) square feet over ten thousand
(10,000) on lots larger than ten thousand (10,000) square feet.
New Text UnderLned; (DELETED TEXT BRACKETED]
Page 9 of 234
Ordinance No. 2656 -2012
Page 4 of 4
(3) It shall be a violation for any beekeeper to keep a colony or colonies in such a
manner or in such a disposition as to cause any unhealthy condition to humans or
animals.
(4) Beekeepers shall take appropriate care according to best management practices
when transporting hives of bees. Bees being transported shall have entrance screens
or be secured under netting.
(5) The term "hive" as used in this section means the single structure intended for
the housing of a single bee colony. The term "colony" as used in this section means a
hive and its equipment and appurtenances, including bees, comb, honey, pollen, and
brood.
[(H)) A person seeking relief from the provisions of this section may apply for a
conditional use permit under KMC 14.20.150.
Section 4. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section S. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take
effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of
2012.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Introduced:
Adopted:
Effective:
New Text Underlined; [DELETED TEXT
Page 10 of 234
November 7, 2012
"Village with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIP
1997
v
MEMO:
TO: Rick Koch, City Manager
jjj FROM: Marilyn Kebschull, Planning Administration
DATE: January 25, 2013
SUBJECT: Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section
3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of
a Small Number of Chicken Hens in the City and Amending Setback
Requirements for Chicken Containment Structures.
On November 21, 2012, City Council held a public hearing on Ordinance No. 2656-
2012. The Ordinance proposes an amendment to Title 3 to remove up to 12 chicken
hens from the definition of livestock within the City. The ordinance also relaxes
setbacks for containment structures for chicken hens. In effect, the ordinance would
provide for chicken hens (up to 12) in any zone in the City regardless of lot size. During
the public hearing, the Council heard testimony from seven (7) individuals. The majority
of individuals supported the amendment. After the public hearing, the Council
postponed action and referred the amendment to the Planning & Zoning Commission
for review and for public hearing.
The Planning & Zoning Commission held two work sessions on the proposed
amendment (12/12/12 and 1/9/13). At the work session on December 12, 2012, the
Commission received a copy of the information included in the November 21St Council
packet and unapproved minutes from that meeting and additional information to assist
with their review of the proposed ordinance. A copy of the packet material is attached.
The purpose of the first work session was to provide information and to ask the
Commission to review the information and be prepared to discuss the proposed
ordinance at a work session on January 9, 2013.
At the January 9th work session, the Commission reviewed the proposed ordinance, the
existing ordinance, and heard testimony from the public. A copy of the work session
notes is attached. At the regular meeting after the work session, the Commission
considered the ordinance. Commission Bryson made a motion to recommend Council
Page 11 of 234
Memo re: Ordinance No. 2656 -2012
January 25, 2013
Page 2
approve Ordinance No. 2656 -2012. The motion was seconded by Commissioner
Peterson. The Commission heard public testimony from four (4) individuals. Three of
the four individuals addressing the Commission had concerns with the ordinance. After
hearing public testimony, Commissioner Bryson made a motion to amend section
3.10.070(g) of the ordinance to require 15 -foot setbacks. The amendment passed. The
main motion on the ordinance failed with all Commissioners voting No. Commissioner
Knackstedt made a motion to request Council direct staff to prepare an alternate
ordinance (see the attached minutes) for consideration. That motion failed for lack of a
second.
Administration did not believe that the action taken by the Commission at the January
9`" meeting constituted a recommendation to Council and placed the item on the
Commission's January 23`d agenda. At the January 23`d meeting, the Commission
voted unanimously to recommend to Council that KMC 3.10.070 remain as codified.
Attachments:
1. Planning & Zoning Commission December 12, 2012 Work Session Packet
2. Planning & Zoning Commission January 9, 2013 Work Session Packet
3. Planning & Zoning Commission January 9, 2013 Work Session Summary
4. Planning & Zoning Commission January 9, 2013 Meeting Minute Excerpts
5. Planning & Zoning Commission January 23, 2013 Meeting Minute Excerpts
Page 12 of 234
f. *Excused Absences
• Chairman Twait
• Commissioner Bryson
Approved by consent agenda.
*All items listed with an asterisk ( *) are considered to be routine and non - controversial by
the Commission and will be approved by one motion. There will be no separate discussion
of these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
2. *APPROVAL OF MINUTES
a. *January 9, 2013
b. January 9, 2013 - Work Session Meeting Summary (Information Only)
Approved by consent agenda.
3. SCHEDULED PUBLIC COMMENT — None.
4. CONSIDERATION OF PLATS — None.
5. PUBLIC HEARINGS — None.
6. UNFINISHED BUSINESS
a. Discussion /Recommendation -- Ordinance No. 2656 -2012 - Amending KMC 3.10.070
to provide a limited amount of chicken hens in the City.
Planner Kebschull reviewed the memos in the packet from herself and City Manager Koch.
MOTION:
Commissioner Smith MOVED conditional use permits be made available to people wanting
chickens. Commissioner Peterson SECONDED the motion.
It was the general consensus of the commission to maintain the current status of the issue.
WITHDRAWAL OF MOTION:
Commissioner Smith withdrew his motion with the agreement of Commissioner Peterson.
MOTION:
Commissioner Smith MOVED to recommend KMC 3.10.070 remain as codified. Commissioner
Arness SECONDED the motion.
PLANNING AND ZONING COMMISSION MEETING
JANUARY 23, 2013
PAGE 2
Page 13 of 234
Knackstedt opened the meeting to public hearing. There being none, the public hearing was
closed.
VOTE:
Commissioners voting YEA: Knackstedt, Peterson, Arness, Smith, Shiflea
MOTION PASSED UNANIMOUSLY.
7. NEW BUSINESS
a. Discussion -- Review of Commission Structure, Duties, Procedures, and
Responsibilities.
City Manager Koch reviewed the questions included in the packet and general discussion
occurred.
Suggested changes included:
• Remove CIP duties in code. Commission can continue to review CIP from
other commissions /committees as developed.
• Move the meeting start time from 7:00 to 6:00 p.m.
• Continue annual training through the Alaska Municipal League.
• Add regularly scheduled local training.
BREAK: 8:24 P.M.
BACK TO ORDER: 8:32 P.M.
b. Action /Approval -- Petition to Vacate Public Right -of- Way /Access Easements for
properties known as Government Lots 33 and 34 and the North 150' of Government Lot
34 (Kenai Peninsula Borough Parcels 04702199, 04702010, and 04702011) located at
11823 Kenai Spur Highway and 225 South Spruce Street. Petition submitted by Carl
Lewis of Five Star Realty on behalf of Strauss Capital Real Estate LLC and the
Archdiocese of Anchorage.
Kebschull reviewed the staff report included in the packet, recommending approval contingent
upon legal access being provided for Kenai Peninsula Parcel 04702011, the North 150 feet of
Government Lot 34,
MOTION:
Commissioner Smith MOVED to approve the Petition to Vacate Public Right -of- Way /Access
Easements for properties known as Government Lots 33 and 34 and the North 150' of
Government Lot 34 (Kenai Peninsula Borough Parcels 04702199, 04702010, and 04702011)
located at 11823 Kenai Spur Highway and 225 South Spruce Street. Petition submitted by Carl
Lewis of Five Star Realty on behalf of Strauss Capital Real Estate LLC and the Archdiocese of
PLANNING AND ZONING COMMISSION MEETING
JANUARY 23, 2013
PAGE 3
Page 14 of 234
MOTION:
Commissioner Knackstedt MOVED to approve the Lease Amendments for Dan O. Pitts, Lot 1A
and Lot 2A1, FBO Subdivision. Commissioner Smith SECONDED the motion.
Kebschull reviewed the staff report included in the packet noting the amendments conformed to
the Airport Layout Plan, the Comprehensive Plan and the zoning ordinance.
Twait opened the meeting to public hearing. There being no one wishing to speak, the public
hearing was closed.
Commissioner Knackstedt stated he was in favor of the lease as long as the items stored were
consistent with the airport land use. Kebschull noted that compliance is verified during yearly
lease inspections.
VOTE:
B son
YES
Arness
YES Knackstedt
YES
Petersen
YES
I Smith
YES Tway
YES
VOTE: MOTION PASSED UNANIMOUSLY.
b. Discussion /Recommendation —Ordinance No. 2656 -2012 -Amending KMC 310.070
to provide a limited amount of chicken hens in the City.
MOTION:
Commissioner Bryson MOVED to recommend Council approve Ordinance No. 2656 -2012 and
Commissioner Petersen SECONDED the motion.
Kebschull reviewed the memo in the packet, advising the Commission they could recommend
the ordinance before them, amend the ordinance, or consider the alternative provided by
Commissioner Knackstedt.
Twait opened the meeting to public hearing.
Kristine Schmidt, 513 Ash Avenue — Ms. Schmidt stated there had been several good
suggestions during the work session. She requested the Commission move the proposed
ordinance forward to Council. She felt that the ordinance should be passed in a timely manner
so people can prepare for the upcoming summer season. She encouraged the Commission not
to postpone the item noting that Council can make any necessary changes.
Kim Borchgrevink, 202 Sterling Court — Mr. Borchgrevink stated he opposes the chicken
ordinance believing chickens will be a bear attractant. Mr. Borchgrevink stated that if the
ordinance does pass, he supports licensing, inspections, and electrical enclosures.
Brett Reid, Animal Control Officer, City of Kenai — Mr. Reid stated he believed 12 chickens
PLANNING AND ZONING COMMISSION MEETING
JANUARY 9, 2013
PAGE 4
Page 15 of 234
were too many, that the ordinance would cause bear problems, and that setbacks need to be
increased to a minimum of 15 -feet or more. He also stated that he had contacted the
Municipality of Anchorage and that there were problems with their ordinance including keeping
the chickens contained, bear problems and that they had moved the regulation from Animal
Control to the Planning & Zoning Department.
Larry Lewis, State of Alaska, Department of Fish & Game — Mr. Lewis stated bears kill
because of attractants and chickens are attractants. Mr. Lewis suggested the use of electric
fencing and that the City should consider increased regulations in the current garbage
ordinance.
MOTION:
Commissioner Bryson MOVED to amend section 3.10.070(g) of current ordinance to 15' for all
setbacks and Commissioner Smith SECONDED the motion.
VOTE:
B son
YES
Arness
YES
Knackstedt
YES
Petersen
YES
Smith
YES
Twait
YES
VOTE: MOTION PASSED UNANIMOUSLY.
The Commission requested guidance on how to proceed if Commissioner Knackstedt wanted to
make a new motion. Attorney Bloom advised the Commission could postpone action to a date
certain and then introduce a new motion.
MOTION:
Commissioner Knackstedt MOVED to postpone action to February 13, 2013, no SECOND was
given and the motion FAILED.
Commissioner Smith noted he would be voting no on the existing ordinance because of possible
bear issues.
Commissioner Knackstedt he would also be voting no because the ordinance as submitted was
not complete.
VOTE:
Bryson NO
Arness
NO
Knackstedt
NO
Petersen NO
Smith
NO
Twait
NO
VOTE: MOTION FAILED.
PLANNING AND ZONING COMMISSION MEETING
JANUARY 9, 2013
PAGE 5
Page 16 of 234
MOTION:
Commissioner Knackstedt MOVED to request Council direct staff and administration prepare a
new chapter within Title 3 for the keeping of poultry on lots less than 40,000 square feet
including the RU, RS2 and TSH Zones, using Chapter 3.15 Licensed Facilities as a framework
for the new chapter. Poultry will be considered to be chickens, ducks, geese and turkeys, and
will exclude roosters. Suggested recommendations for the keeping of poultry provided by
Commissioner Knackstedt to the Commission dated December 3, 2012 should also be
considered for incorporation into the new chapter and provided to the Council as
information. No SECOND was given and the motion FAILED.
8. PENDING ITEMS — None
9. REPORTS
a. City Council — Council Member Navarre reviewed the action agenda from the
January 2, 2013 Council meeting included in the packet.
• Mayor Porter appointed the new Planning & Zoning Commissioner (Shiflea)
by research she had done by using a map and identifying areas that needed
representation. Mr. Shiflea lives in the VIP subdivision area and there is no
commission representation from that area.
b. Borough Planning — Commissioner Bryson reviewed the action agenda from the
January 7, 2013 meeting included in the packet.
c. Administration — Kebschull requested Commission review the January 2013 Draft
Comprehensive Plan including public comments to make sure there are no additional
changes. Kebschull stated it was administration's intent to add the item to the next
agenda hoping that the Commission would be prepared to set a public hearing to
recommend the Plan to the City Council.
10. PERSONS PRESENT NOT SCHEDULED
Mark Schrag, 312 Princess Street — Mr. Schrag asked if a copy of the map the Mayor used
was available to the public noting that his neighborhood did not have representation and that
some of his neighbors had applied for the position. Commissioner Navarre commented there
was no official map.
11. INFORMATION ITEMS
a. Judith Bittner, State Historic Preservation Officer— Annual Survey letter dated 12/18/12
b. 2012 Planning & Zoning Commission Resolutions
c. 2012 Building Permit Report
d. 2012 Code Enforcement Report
12. NEXT MEETING ATTENDANCE NOTIFICATION — January 23, 2013
PLANNING AND ZONING COMMISSION MEETING
JANUARY 9, 2013
PAGE 6
Page 17 of 234
AGENDA
CITY OF KENAI
PLANNING & ZONING COI
WORK SESSION
January % 2013
6 p.m. — 7 p.m.
1. Call to Order
2. Roll Call
Confirmed as follows:
• Commissioners present: J. Twait, H. Knackstedt, K. Peterson, C. Smith, P. Bryson, J.
Amess
• Commissioners absent:
Staff /Council Liaison present: City Planner M. Kebschull, Planning Assistant N. Carver
City Attorney S. Bloom, Mayor Porter and Council Member Navarre
3. Approval of Agenda
Commissioner Knackstedt moved to approve the agenda as presented and Commissioner Amess
seconded the motion. No objections.
4. Commission Discussion -Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code
Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number
of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment
Structures.
Commissioner Knackstedt discussed his email recommendations:
• Draft a whole new section for poultry. This provides the Commission the
opportunity to review and discuss all types of birds included in the recommendation,
and take out, or expand on each type of "fowl" so that this was not back before them
at some point in the future.
Look at setback requirements, lot size
Building Permits
Kebschull noted structures over 120' would need to meet building/fire codes and setbacks for
the zones. Structures under 120' do not require a building permit and can be up to 3' from
property line. However, if a structure is less than 120' and has electric, plumbing, etc. a
building permit would be required and the structure would have to meet the zone setbacks.
Council Member Boyle spoke to the Commission about his intent for the ordinance, was
trying to make it simple for residents to have chickens for egg laying purposes only, not for
meat. He was trying not to make it a process.
Commissioner Amess asked if the City could be held liable if there was any type of accident,
fire etc.
* Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated.
The Commission may relax this restriction.
Page 18 of 234
1
Commissioner Smith questioned what the City's liability would be if a chickens were
permitted in a Problem Bear Area.
Attorney Bloom noted that City could possibly be held liable if there was any negligence of
inspections. Inspections would be done by either the Animal Control Officer and/or the
Building Offical,
Larry Lewis with Alaska Department of Fish & Game provided some information on bears
and whether or not chickens were a deter ant.
Kristine Schmidt requested the Commission move the proposed ordinance forward to
Council. She felt that the ordinance should be passed in a timely manner so people can
prepare for the upcoming summer season.
Kim Borcligrevink, 202 Sterling Ct., Kenai, stated he opposes the chicken ordinance
believing chickens will be a bear attractant. However, if the ordinance does pass, he supports
licensing, inspections, and electrical enclosures.
Public participation noted the City should look at it as an educational service to kids and the
benefit it could teach them.
*Public Participation: Public comments will be allowed on a limited basis throughout the
review.
5. Adjournment
The work session adjourned at approximately 7:00 p.m. The Ordinance was on the
meeting agenda for further discussion and recommendations.
* Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated.
The Commission may relax this restriction.
Page 19 of 234
AGENDA
CITY OF KENAI
PLANNING & ZONING COMMISSION
WORK SESSION
December 12, 2012
Work Session from 6 p.m. to 7 p.m. and
Immediately Following Regular Meeting
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Commission Discussion -Ordinance No. 2656 -2012 —Amending the Kenai Municipal Code
Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number
of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment
Structures.
*Public Participation: Public comments will be allowed on a limited basis throughout the
review.
5. Commission Discussion —Imagine Kenai 2030 —Public Review Draft— Review of
Comments — Continued from November 28, 2012.
*Public Participation: Public comments will be allowed on a limited basis throughout the
review.
6. Adjournment
• Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated.
The Commission may relax this restriction.
Page 20 of 234
"'KIlaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tllllt
uwnu .
1997
MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: November 27, 2012
SUBJECT: Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section
3,10.0 70, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of
a Small Number of Chicken Hens in the City and Amending Setback
Requirements for Chicken Containment Structures.
On November 21, 2012, City Council held a public hearing on Ordinance No. 2656-
2012. The Ordinance proposes an amendment to Title 3 to remove up to 12 chicken
hens from the definition of livestock within the City. The ordinance also relaxes
setbacks for containment structures for chicken hens. In effect, the ordinance would
provide for chicken hens (up to 12) in any zone in the City regardless of lot size. During
the public hearing, the Council heard testimony from seven (7) individuals. The majority
of individuals supported the amendment. After the public hearing, the Council
postponed action and referred the amendment to the Commission for review and for
public hearing.
Attached to this memo are the materials provided in the November 21st Council packet
and a copy of the draft Council minutes. A copy of Kenai Municipal Code 3.10.070 is
also attached. KMC 3.10.070(h) provides a provision to seek relief for properties that
can't meet the requirements of the code by applying for a Conditional Use Permit.
Since the code was amended in 2000 to include the regulation of livestock in the City,
the City has not received any requests for Conditional Use Permits,
City Council has asked that the Commission consider the proposed amendment and
provide recommendations to Council for Council's consideration at their March 6, 2013
meeting. To meet public hearing advertisement requirements, the hearing must be set
at your February 13th meeting for a public hearing on February 27th
Page 21 of 234
V lla9e with a Past with a Iii
re
m 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 htpd
Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 1'I�II
KENAI, ALASKA 1991
\ZX
MEMOIR
TO: City Council
FROM: Rick Koch, City Manager
DATE: November 15, 2012
SUBJECT: Ordinance No. 2656 -2012, Amendment to KMC 3.10.070
The purpose of this correspondence is to provide information regarding the above referenced
proposed ordinance. Administration received questions from Councilors regarding this
ordinance and was asked to be prepared to speak at the November 21, 2012 Council meeting.
The following are answers to the questions we have received:
How many applications for a conditional use permit for chickens have been filed in
recent history?
In the past five years there have been no applications for a conditional use permit to house
chickens. It is important to note that lots of 40,000 square feet and larger are allowed to house
livestock given conditions provided in code. There are a number of properties 40,000 square
feet and larger that have chickens without conflict to surrounding properties.
Does the Administration believe that allowing up to 12 chickens on any property within
the City will negatively impact the City's ongoing negative- bear- interaction mitigation
measures?
To answer this question requires some degree of speculation covering a wide -range of
possibilities. The short answer is "it depends." I believe that in some instances having up to 12
chickens on any property will negatively impact the City's ongoing negative- bear - interaction
mitigation measures, I believe this is best illustrated by citing potential examples.
Example Number One: A property owner has 12 chickens on a lot less than 40,000 square feet
in subdivisions either north or south of the Spur Highway, between Marathon Road and Swires
Road. The chicken coop and chicken yard is enclosed by only a four to six -foot high chicken
wire fence. This is an area in which we have seen increased negative bear activity over the past
five years and I would guess there could easily be a problem as a result of the chickens
attracting bears.
15 =
Page 22 of 234
Example Number Two: A property owner has four chickens on a 10,000 square foot lot located
on 4 Avenue west of Forest Drive. The yard in which the chickens are kept has a six -foot high
sight obscuring fence around the perimeter of the property and the chickens and coop are within
a six -foot high chicken wire fence within the backyard. In this example, given the location, lack
of history of negative -bear interactions, the small number of chickens, and the type a fencing
around the property, there would not likely be a problem as a result of chickens attracting bears.
Because there are so many variables in considering this question, Administration supports
circumstances. the
process that is already in place, the conditional use process which considers individual
Are there any concerns from either law enforcement or animal control personnel?
(Whether chicken and their associated paraphemalia being a bear attractant,
neighborhood nuisance due to odors or sound, etc.)?
Yes, there are concerns about each of these items. Again, it is difficult to be specific because
each instance will be different, at a minimum the following criteria should be considered:
1. Specific location,
2. Lot size.
3. Comments from Neighbors
4. Type of enciosure(s).
If the ordinance should be enacted, does the Administration desire to see amendments
for the purposes of regulation? if so, what?
Yes. The Administration is not prepared to offer amendments at this time. We are unaware of
the scope of the problem that is the catalyst for introduction of the Ordinance so it is difficult to
recommend a solution. Internally we have discussed the Ordinance, and the following are a few
of the comments:
1. Identify the problem with the existing conditional use process.
2. Number of chickens should be less than twelve.
3. Minimum lot size should be 20,000 square feet.
4. Neighbors should have an opportunity to comment.
5. The number of chickens could be tied to lot size.
6. Property zoning should be a consideration.
In summary, I believe it is important to note that there have been no applications for conditional
use permits for housing chickens, nor has Administration been made aware of any problems
with smaller -lot property owners in Kenai desiring to house chickens. If a propertyowner
desired to house chickens, the City staff /Planning staff would assist them through the
conditional use permit process.
If Council desires to more fully consider this legislation, Administration suggests that the
Ordinance be postponed and transmitted to the Planning and Zoning (P &Z) Commission so that
a comprehensive discussion may be undertaken similar to the bee - keeping ordinance, and P &Z
can provide recommendations and comments to Council.
Page 19 of 234
11V'llaye wiM a Past, Cl� wild a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 11111,1
1992
MEMO:
r
TO: Rick Koch, City Manager
FROM: Marilyn Kebschull, Planning Administration
DATE: November 14, 2012
SUBJECT: ORDINANCE NO. 2656 -2012 — AN ORDINANCE OF THE CITY OF KENAI,
ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 3.10.070,
LIVESTOCK WITHIN THE CITY LIMITS, TO EXCLUDE FROM THE DEFINITION
OF "LIVESTOCK "A LIMITED NUMBER OF CHICKEN HENS TO ALLOW FOR THE
KEEPING OF A SMALL NUMBER OF CHICKEN HENS IN THE CITYAND
AMENDING SETBACK REQUIREMENTS FOR CHICKEN CONTAINMENT
STRUCTURES
The proposed ordinance would amend Title 3 to allow less than 12 chicken hens in any zone of the
city and on any lot regardless of size. Administration was not asked to collaborate on the
amendment. My concerns relating to the proposed amendment are:
• The public should be provided an opportunity to provide input into the proposed amendment.
When the livestock ordinance was drafted, the Planning & Zoning Commission held multiple
work sessions wherein public comments and concerns were heard. The Commission also
received guidance from the Animal Control Officer since that department regulates and
manages Title 3. To provide the opportunity for public participation, it is my recommendation
that the Council ask the Planning & Zoning Department in collaboration with the Animal
Control Officer to review the proposed amendment.
• The proposed amendment under section KMC 3.10.070(g) provides setbacks for
containment structures. Depending upon the type of structure, a building permit may be
required. If a building permit is required, under KMC 14.24.010 setbacks for zones must be
met. Is it the intent of this ordinance to provide an exception to the zoning ordinance?
• Ordinance No 1864 -2000 which became effective on August 19, 2000 provides an avenue
for individuals who cannot meet the standards in the ordinance to apply for a Conditional Use
Permit. To my knowledge, no one has ever applied for a Conditional Use Permit.
The existing ordinance was approved after an extensive review of existing conditions, lot sizes,
types of livestock and with several meetings including a joint work session of the Council and
Commission. The ordinance appears to be working effectively and provides an avenue for
exceptions, i.e. the conditional use process. It is not clear what the motivation for this proposed
change is; however, it is my recommendation, at a minimum, that administration be given an
opportunity to review the proposed amendment and identify possible concerns. And that if Council
decides to proceed with consideration of the amendment, that they provide an avenue for public
input in the process by sending the ordinance to the Planning & Zoning Commission for review.
17
Page 24 of 234
THE STATE
OfALASKA
GOVERNOR SEAN PARNELL
November 15, 2012
Mayor Pat Porter
210 Fidalgo Ave
Kenai AK 99611
Dear Mayor Porter,
Department of
Fish and Game
DIVISION OF WILDLIFE CONSERVATION
Soldotna
43961 Kalitornsky Beach Road, Suite B
Soldotna, Alaska 99669$276
Main: 907.262.9368
Fax 907.262.4709
It has been brought to our attention that the Kenai City Council will soon take under their consideration
a possible city ordinance revision that would allow chickens to be housed and maintained within Kenai
residential neighborhoods. While the Alaska Department of Fish and Game (ADFG) neither supports
nor opposes such an ordinance change, by your request we'd like to offer City Council some insight and
advice regarding the possibility of increased human/wildlife conflict issues that may arise from their
doing so.
The City of Kenai, due to its coastal location, immediate proximity to salmon producing rivers and
streams and the adjacent 1.9 million acre Kenai National Wildlife Refuge, is frequented regularly by
both brown and black bears. In 2004, ADFG responded to over 100 complaints from residents of the
City of Kenai concerning nuisance bear activity. That number did not reflect calls made directly to the
Kenai Police Department or State Troopers. Due to the high number of negative interactions taking
place and the resulting public outcry, a collaborative community effort dubbed the Wildlife
Conservation Community Program (WCCP) was initiated in 2005. The program was driven by private
landowners, the City of Kenai, ADFG and other program partners with the express purpose of providing
educational information and installing and maintaining bear - resistant garbage containers to help reduce
the availability of a major human- caused bear attractant. The overall goals of this program were (and
still are) to foster better stewardship of our wildlife resources, create safer neighborhoods for people and
wildlife and to decrease the amount of State and municipal agency time spent responding to complaints
concerning nuisance wildlife within the community. While there's still room for growth in the city's
WCCP success (particularly in the area of non -bear resistant waste disposal storage methods currently
used) the City of Kenai and its citizenry are to be applauded for being conservation - minded and forward
thinking.
During 2012, citizen complaints to the Soldotna office of ADFG regarding undesirable bear activity
were at their lowest level in years. We believe this is due in large part to the ongoing efforts of
community -based programs ( WCCP), efforts by the Borough to maintain bear resistant waster transfer
sites as well as individual citizen and collaborative neighborhood mitigation efforts taking place around
the Kenai Peninsula.
Page 25 of 234
Mayor Pat Porter - 2 - 11/15/12
Aside from unsecured garbage, the keeping of unprotected, unsecured poultry and other livestock and
feed is a major cause of many negative bear/human interactions in and around residentially developed
areas here on the Kenai Peninsula. Quite often, bear predation on easily accessible poultry and feed
within residential neighborhoods results in higher levels of site and human- generated food conditioning
in those bears which may easily translate into unacceptably higher levels of human habituation. The
results of this process can be equally unacceptable in terms of the increase in public safety concerns, less
tolerance for bears in general and the overall costs of property damage and loss. Anchorage recently
passed an ordinance that allowed the keeping of chickens within residential neighborhoods and there
was a marked increase in bear activity around sites where chickens were kept in an unsecured manner.
It is our understanding that the Anchorage City Council is reviewing the revised ordinance and may
reconsider its position.
In short, should the Kenai City Council approve this amendment to the livestock ordinance, we advise
that they give careful consideration to all of the possible long -term consequences of doing so. To
require a carefully constructed and well maintained electric fence system for each application is one
alternative they might consider. We would be happy to provide further information to council on the
efficacy of a well constructed fence system should they so desire. In the meantime, I've attached a
couple of photos illustrating what can happen to an unsecured livestock holding facility. I hope this
information helps you as you make a decision. Please feel free to give us a call for further information
or assistance.
Sincerely,
Larry L. Lewis
Wildlife Technician V
Page 26 of 234
Pr
f.
-AX
fi
,;I- V
•
i
i
Page 29 of 234
1
Al
4;�,�:;
,!:w
1'
r�
i�
l �✓ a
Omar
\.
A . NA
AS
IL
� ,,,LLL Illrrr
• l f
�+ . y. • ! fir{
b 1
t' I
1
Y,.
-, ti � i ,, 4'�s �+✓,�� �—��—� � \ >A AVGA. � � A '��_ V AAA �-\� .
Y
Ck
A 1
, iv
y
4 P4
rr
'rte - �_ L' •�'- - '
-ow
A Nw. i
P age 32 of 234
IN
Page 34 of 234
t
V
N
Y
I H� N
4
f
5
3
bb]mb
Z
O
W
V,
CL
1
W
n/
IL
R°r rtv✓Y
Q
�
C
G
W Hv Hµx
UJ
M
co
vei +a
0
gg
4
NL
Quoau
W
uavu S
T
CD
5
O
N
N
Ly
O
e
€
zW
w~
MtlHK a/N.
W 1w,
M Y.V�YAO.
.y
LL
WW
Page 34 of 234
ri
•
2 dig
Page 35 of 234
y
C
L.
A
d
m
LL
Q
❑
IL
Y
0
r
0
N
U
m m O
y
N
Page 36 of 234 ® m
O
O
N
O
d
n
0
U
0
CITY OF KENAI
ONGOING BEAR AWARENESS
In effort to avoid a human /bear encounter the City of Kenai needs
residents to remove bear attractants from outdoor areas. Common
bear attractants include: garbage left in open containers, bird feeders,
dirty barbeques /accessories, dog food, and outdoor freezers. East
Kenai, the Kenai River Bluff, and the Beaver Creek Bluff have higher
concentrations of brown bears than the rest of the City. By eliminating
bear attractants, residents are doing their part to ensure that bears stay
focused on natural food sources.
Per Kenai Municipal Code (KMC) 9. 10.010 the City Manager has
declared two areas within the Municipal boundaries as "Bear Problem
Areas." VIP Subdivision and the area generally described as beginning
at the eastern municipal boundary extending to a point at approximately
mile 7 of the Kenai Spur Highway, this boundary also includes all
residences on Beaver Loop Rd. from the Spur Highway to Cunningham
Park.
In a "Bear Problem Area" all carbatte containers must be City- approved
bear - resistant containers. A list of City - approved bear- resistant
containers is available at the City Manager's office and the City's official
website at www.ci.kenai.ak.us. As an alternative to owning a bear
resistant container, residents may store their garbage in a garage until
transporting it to the landfill each week.
"Bear Problem Area" declarations remain in effect indefinitely. If you do
not have a bear resistant container, and you need assistance in
removing garbage from outside your home, please contact the Kenai
Parks Department at 283 -3692. Parks personnel will transport garbage
to the transfer site for you.
For additional information please contact the City Manager's office at
(907)283 -8223.
May 6 and May 9, 2012
Page 37 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 38 of 234
Suggested by: Council Member Terry Bookey
CITY OF KENAI
ORDINANCE NO. 2656 -2012 (SUBSTITUTE)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE SECTION (KMC) 3.10.070 LIVESTOCK WITHIN THE
CITY LIMITS, AND KMC 3.05.100 FEES AND REPEALING AND REENACTING KMC
CHAPTER 3.15 LICENSED FACILITIES, TO ALLOW FOR TWELVE (12) CHICKEN
HENS OR LESS TO BE KEPT ON CERTAIN PARCELS WITHIN THE CITY OF KENAI
THAT ARE LESS THAN FORTY THOUSAND (40,000) SQUARE FEET IN SIZE
PURSUANT TO A LICENSE ISSUED BY THE ANIMAL CONTROL OFFICE AND MAKING
OTHER HOUSEKEEPING CHANGES TO KMC 3.10.070 AND CHAPTER 3.15.
WHEREAS, the keeping of chicken hens within the City of Kenai on lots less than forty
thousand (40,000) square feet is currently prohibited except by conditional use; and,
WHEREAS, residents have expressed an interest in keeping chicken hens on lots less
than forty thousand (40,000) square feet for personal use; and,
WHEREAS, a relatively small number of chicken hens may be kept within populated
areas of the City without causing an unreasonable risk of nuisance or wild animal
attractant if the hens are properly located, managed and maintained; and,
WHEREAS, twelve chicken hens or less, depending on lot size, is a reasonable number
to provide a family with eggs without having to high a density of chickens which could
increase the likely hood of causing a nuisance or wild animal attractant; and
WHEREAS, the conditional use process may deter otherwise interested residents from
keeping chicken hens; and,
WHEREAS, requiring a license to keep an appropriate amount of chicken hens for
personal use on lots less than forty thousand (40,000) square feet and in the RU, RS1,
RS2, or TSH zones allows the City to monitor and enforce reasonable restrictions on
the keeping of chicken hens and provides notice to neighbors without causing an
unreasonable burden on applicants.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that:
Section 1. Form: That this is a Code ordinance.
Section 2. Amendment of Section 3.10.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 3.10.070, Livestock within the city limits is hereby amended
as follows:
New Text Underlined; [DELETED TEXT BRACKETED]
Page 39 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 2 of 15
3.10.070 Livestock within the city limits.
(a) Except as otherwise provided in this section, no person shall keep or maintain
livestock within the City of Kenai.
(b) Livestock, other than bees, may be kept on lots of forty thousand (40,000)
square feet or greater [.] except that [N] no livestock, other than chicken hens as
provided below, shall be allowed in the RU, RS1, RS2 or TSH zones. Animals raised
for a fur - bearing purpose are not allowed in any zone. Beekeeping will be restricted as
described in subsection (g). Chicken hens may be kept as provided for in KMC
Chapter 3.15
(c) In this section "livestock" is defined as the following animals:
(1)
Cow
(2)
Horse
(3)
American bison
(4)
Llama
(5)
Alpaca
(6)
Sheep
(7)
Swine
(8)
Goat
(9)
Mule
(10)
Donkey
(11)
Ratite
(12)
Duck
(13)
Goose
(14)
Chicken
(15) Turkey
(16) Rabbit
(17) Honeybees (Apis mellifera)
(d) (1) Except for the RS1, RS2, RU, TSH zone(s), Animal Control Office may
issue temporary permits of not more than fourteen (14) days for the keeping of
livestock not otherwise allowed for public exhibitions or entertainment events. The
Animal Control Office may impose conditions on the permits as reasonably necessary
for sanitation, safety, or hygiene. The permit may be revoked for a violation of the
conditions of the permit or pertinent section of the Kenai Municipal Code. The City
may charge a permit fee, which fee shall be as set forth in the City's schedule of fees
adopted by the City Council.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 40 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 3 of 15
(2) Except in the RU zone, the Animal Control Office may, after notifying adjoining
property owners in writing and allowing reasonable time for comment, issue a permit
for the keeping of livestock for educational or youth activities, such as 4 -H, Future
Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under this
section. The permit shall state the duration of the permit, which shall not exceed two
(2) years, and the type and number of livestock to be kept. The Animal Control Office
may impose conditions on the permits as reasonably necessary for sanitation, safety,
or hygiene. The permit may be revoked for a violation of the conditions of the permit or
Title 3 of the Kenai Municipal Code. Appeal of issuance or revocation of a permit may
be made in writing to the board of adjustment. A permit may be renewed following
written notice and reasonable time for comment to the adjoining property owners. The
City may charge a permit fee, which fee shall be as set forth in the City's schedule of
fees adopted by the City Council.
(e) Lots on which livestock are kept on the effective date of the ordinance codified
in this section which are not eligible for the keeping of livestock under this section
shall be considered a non - conforming use of land under KMC 14.20.050. No new or
replacement livestock may be kept or introduced on such lots after the effective date of
the ordinance codified in this section. Offspring of livestock allowed as a non-
conforming use under this section may be kept on such lots only until they are old
enough to be relocated to a site conforming to this section or outside of the city limits.
(f) Except as set forth in subsection (g), below, corrals, pens, hutches, coops or
other animal containment structures must have a minimum setback of [TWENTY -FIVE
FEET (25)] fifteen feet (15') from the property's side yards, fifty feet (50') from the front
yard, and ten feet (10') from the back yard. All animal containment structures must be
secure and in good repair.
(g) No person may keep honey bees, Apis mellifera, in a manner that is
inconsistent with the following requirements or that is inconsistent with any other
section of this code.
(1) Colonies shall be managed in such a manner that the flight path of bees to and
from the hive will not bring the bees into contact with people on adjacent property. To
that end, colonies shall be situated at least twenty-five feet (25') from any lot line not
in common ownership; or oriented with entrances facing away from adjacent property;
or placed at least eight feet (8') above ground level; or placed behind a fence at least six
feet (6') in height and extending at least ten feet (10') beyond each hive in both
directions.
(2) No person shall keep more than four (4) hives on a lot of ten thousand (10,000)
square feet or smaller, nor shall any person keep more than one (1) additional hive for
each additional two thousand four hundred (2,400) square feet over ten thousand
(10,000) on lots larger than ten thousand (10,000) square feet.
(3) It shall be a violation for any beekeeper to keep a colony or colonies in such a
manner or in such a disposition as to cause any unhealthy condition to humans or
animals.
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 41 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 4 of 15
(4) Beekeepers shall take appropriate care according to best management practices
when transporting hives of bees. Bees being transported shall have entrance screens
or be secured under netting.
(5) The term "hive" as used in this section means the single structure intended for
the housing of a single bee colony. The term "colony" as used in this section means a
hive and its equipment and appurtenances, including bees, comb, honey, pollen, and
brood.
(h) A person seeking relief from the provisions of this section may apply for a
conditional use permit under KMC 14.20.150 except that a conditional use permit
may not relieve a person from the requirement of obtaining a license to keep chickens
as required by KMC Chapter 3.15.
Section 3. Repeal and reenactment of Chapter 13.15 of the Kenai Municipal Code:
That Kenai Municipal Code, Chapter 13.15, Licensed Facilities is hereby repealed in
its entirety and reenacted as follows:
[3.15.010 LICENSES REQUIRED.
NO PERSON MAY OPERATE A KENNEL FACILITY WITHOUT HAVING A
LICENSE THEREFORE ISSUED PURSUANT TO THIS CHAPTER.
3.15.020 LICENSING PROCEDURE.
(A) APPLICATION FOR A LICENSE UNDER THIS CHAPTER SHALL BE TO THE
CHIEF ANIMAL CONTROL OFFICER. THE APPLICATION SHALL INCLUDE:
(1) THE NAME AND ADDRESS OF THE APPLICANT;
(2) THE NUMBER AND BREEDS OF DOGS TO BE KEPT IN THE FACILITY;
(3) THE TYPE OF FACILITY THE APPLICANT PROPOSES TO OPERATE UNDER
THE LICENSE, AND A DESCRIPTION OF THE PROPOSED FACILITY. AN
APPLICATION FOR A LICENSE FOR A KENNEL FACILITY TO BE USED FOR
COMMERCIAL PURPOSES SHALL INCLUDE A COPY OF A CURRENT ALASKA
BUSINESS LICENSE FOR THE OPERATION OF THE KENNEL AND A BOROUGH
SALES TAX APPLICATION OR REGISTRATION NUMBER;
(4) THE ADDRESS OF THE PREMISES WHERE THE APPLICANT PROPOSES TO
OPERATE UNDER THE LICENSE, AND THE NAME AND ADDRESS OF THE OWNER
OF THE PREMISES;
(5) A DIAGRAM OF THE PREMISES ON WHICH THE APPLICANT PROPOSES TO
OPERATE UNDER THE LICENSE. THE DIAGRAM SHALL SHOW THE LOT LINES AND
THE LOCATION AND DIMENSIONS OF YARDS AND STRUCTURES ON THE
PREMISES WHERE THE APPLICANT PROPOSES TO OPERATE UNDER THE
LICENSE, DESIGNATE THE PARTS OF THE PREMISES ON WHICH DOGS WILL BE
KEPT, AND SHOW THE LOCATION AND USE OF STRUCTURES OF ADJACENT LOTS.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 42 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 5 of 15
THE DIAGRAM NEED NOT BE BASED UPON A FORMAL SURVEY OF THE
PREMISES;
(6) THE LICENSE FEE REQUIRED BY KMC 3.05.100;
(7) PROOF OF A CURRENT RABIES VACCINATION FOR EACH DOG KEPT IN THE
FACILITY THAT IS OVER THE AGE OF THREE (3) MONTHS.
(B) THE ANIMAL CONTROL OFFICE SHALL NOT ISSUE A LICENSE UNDER THIS
CHAPTER TO ANY PERSON WHO HAS BEEN CONVICTED OF NEGLECTING AN
ANIMAL OR CRUELTY TO AN ANIMAL.
(C) THE ANIMAL CONTROL OFFICE SHALL NOT ISSUE A LICENSE UNDER THIS
CHAPTER UNTIL IT HAS INSPECTED THE PREMISES WHERE THE APPLICANT
PROPOSES TO OPERATE THE KENNEL FACILITY, AND DETERMINES THAT THE
KENNEL FACILITY MEETS THE STANDARDS SET FORTH IN KMC 3.15.050 AND
THAT THE APPLICANT WILL OPERATE THE KENNEL FACILITY IN ACCORDANCE
WITH STANDARDS SET FORTH IN KMC 3.15.050.
(D) THE ANIMAL CONTROL OFFICE SHALL PREPARE A WRITTEN REPORT OF ITS
FINDINGS; INCLUDING ANY REASON WHY THE PROPOSED FACILITY DOES NOT
MEET THE STANDARDS SET FORTH IN KMC 3.15.050 AND ANY STEPS WHICH THE
APPLICANT MAY TAKE TO MAKE THE FACILITY QUALIFY FOR A LICENSE. THE
ANIMAL CONTROL OFFICE SHALL GIVE THE APPLICANT A COPY OF THE REPORT.
(E) A LICENSE ISSUED UNDER THIS CHAPTER SHALL EXPIRE ON
31 OF THE YEAR IN WHICH IT IS ISSUED.
(F) AN APPLICATION TO RENEW A KENNEL FACILITY LICENSE SHALL BE MADE
BEFORE THE CURRENT LICENSE EXPIRES, AND SHALL BE MADE IN THE SAME
MANNER AS AN APPLICATION FOR A NEW LICENSE. AN APPLICANT FOR RENEWAL
MAY RELY UPON MATERIALS SUBMITTED WITH A PRIOR APPLICATION FOR A
KENNEL FACILITY LICENSE PROVIDED THAT THE INFORMATION ACCURATELY
PORTRAYS THE CURRENT CONDITION OF THE KENNEL FACILITY AND THE
APPLICANT CERTIFIES THAT THERE HAVE BEEN NO SIGNIFICANT CHANGES
SINCE THE PRIOR APPLICATION.
(G) NOTIFICATION OF AN INITIAL OR RENEWAL APPLICATION SHALL BE MAILED
TO REAL PROPERTY OWNERS ON THE BOROUGH ASSESSOR'S RECORDS WITHIN
A THREE HUNDRED FOOT (300') PERIPHERY OF THE PARCEL WHERE THE
APPLICANT PROPOSES TO OPERATE THE KENNEL FACILITY. THE NOTICE SHALL
PROVIDE A DATE BY WHICH ANY COMMENTS REGARDING THE APPLICATION
SHOULD BE SUBMITTED.
DURING THE COMMENT PERIOD, THE APPLICANT OR ANY PERSON
RECEIVING NOTICE UNDER THIS SUBSECTION MAY REQUEST A PUBLIC HEARING
ABOUT WHETHER AN APPLICATION SHOULD BE GRANTED BY THE CITY. UPON
TIMELY REQUEST FOR A HEARING, THE CHIEF ANIMAL CONTROL OFFICER OR
DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE KENNEL
FACILITY LICENSE SHOULD BE ISSUED, RENEWED, CONDITIONED, LIMITED, OR
New Text Underlined; [DELETED TEXT BRACKETED]
Page 43 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 6 of 15
DENIED. NOTIFICATION OF THE HEARING SHALL BE MAILED TO REAL PROPERTY
OWNERS LISTED ON THE BOROUGH ASSESSOR'S RECORDS WITHIN A THREE
HUNDRED FOOT (300') PERIPHERY OF THE PARCEL THAT IS THE SUBJECT OF
THE PROPOSED ACTION. THE NOTICE SHALL BE MAILED AT LEAST TEN (10) DAYS
PRIOR TO THE HEARING AND SHALL INCLUDE THE DATE, TIME, AND PLACE OF
THE HEARING. A COPY OF THE DECISION SHALL BE MAILED TO ALL NOTIFIED
PROPERTY OWNERS, ALL PERSONS TESTIFYING OR SUBMITTING COMMENTS AND
THE APPLICANT.
(H) THE APPLICANT SHALL BE INFORMED IN WRITING THAT THE APPLICATION
OR RECEIPT OF THE LICENSE PROVIDED FOR IN THIS CHAPTER DOES NOT
RELIEVE THE APPLICANT OF MEETING ALL ZONING ORDINANCE REQUIREMENTS
OR ANY OTHER APPLICABLE CITY, BOROUGH, OR STATE LAWS OR REGULATIONS.
(I) THE APPLICANT SHALL AGREE IN WRITING THAT THE KENNEL FACILITY
MAY BE INSPECTED BY THE CHIEF ANIMAL CONTROL OFFICER OR DESIGNEE AT
ANY TIME DURING BUSINESS HOURS OF THE PERMITTEE.
3.15.030 LICENSE REVOCATION.
(A) IF AN INSPECTION OF A FACILITY LICENSED UNDER THIS CHAPTER
REVEALS:
(1) THE KENNEL FACILITY CONSTITUTES A HEALTH HAZARD;
(2) THE KENNEL FACILITY VIOLATES A CITY OR BOROUGH ORDINANCE OR
REGULATION;
(3) THE KENNEL FACILITY VIOLATES A PROVISION OF THIS TITLE, A TERM,
CONDITION, OR LIMITATION OF A LICENSE ISSUED UNDER THIS CHAPTER OR A
CITY REGULATION PROMULGATED UNDER THIS TITLE. THE INSPECTING AGENCY
MAY SO NOTIFY THE OPERATOR OF THE FACILITY, STATING IN WRITING THE
STEPS THE OPERATOR MAY TAKE TO REMEDY THE VIOLATION.
(B) THE INSPECTING AGENCY SHALL ALLOW A KENNEL FACILITY OPERATOR
WHO HAS BEEN NOTIFIED OF A VIOLATION UNDER SUBSECTION (A) OF THIS
SECTION A REASONABLE TIME NOT EXCEEDING FIFTEEN (15) Days To Remedy The
VIOLATION. AT THE END OF THAT PERIOD, THE INSPECTING AGENCY SHALL RE-
INSPECT THE KENNEL FACILITY TO DETERMINE WHETHER THE VIOLATION HAS
BEEN CURED.
(C) IF AFTER RE- INSPECTION, THE INSPECTING AGENCY DETERMINES THE
VIOLATION HAS NOT BEEN CURED OR THAT NEW VIOLATIONS HAVE OCCURRED,
THE CHIEF ANIMAL CONTROL OFFICER MAY COMMENCE A PROCEEDING TO
REVOKE THE LICENSE FOR THE FACILITY UNDER KMC 3.15.040.
(D) BEFORE REVOKING A LICENSE UNDER THIS CHAPTER, THE CHIEF ANIMAL
CONTROL OFFICER OR DESIGNEE SHALL HOLD A HEARING TO DETERMINE
WHETHER THE LICENSE SHOULD BE REVOKED. IF THE LICENSE IS REVOKED,
New Text Underlined; [DELETED TEXT BRACKETED]
Page 44 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 7 of 15
THE ANIMAL CONTROL OFFICE SHALL PREPARE A WRITTEN DECISION AS TO WHY
THE PROPOSED FACILITY DOES NOT MEET THE STANDARDS SET FORTH IN KMC
3.15.050. AN APPEAL OF THE DECISION MAY BE FILED AS PROVIDED UNDER KMC
3.15.040.
3.15.040 HEARINGS — APPEALS.
A PERSON AGGRIEVED BY THE GRANTING, REVOCATION, RENEWING,
LIMITING, CONDITIONING, OR DENYING OF A LICENSE UNDER THIS CHAPTER
MAY, WITHIN FIFTEEN (15) DAYS OF THE DATE OF THE DECISION, APPEAL THE
DECISION TO THE CITY COUNCIL PURSUANT TO THE PROCEDURES IN KMC
14.20.290.
3.15.050 STANDARDS FOR OPERATING FACILITY.
IN OPERATING A KENNEL FACILITY, THE OPERATOR SHALL:
(A) COMPLY WITH THE PROVISIONS OF THIS TITLE, THE TERMS, CONDITIONS,
AND LIMITATIONS OF ANY LICENSE ISSUED HEREUNDER AND ANY CITY
REGULATIONS PROMULGATED UNDER THIS TITLE.
(B) PROVIDE SHELTER ADEQUATE TO PRESERVE THE HEALTH OF THE
ANIMALS KEPT IN THE FACILITY.
(C) MAINTAIN THE FACILITY IN A SANITARY CONDITION.
(D) PROVIDE FOR THE ADEQUATE CARE AND FEEDING OF ANIMALS KEPT IN
THE FACILITY.
(E) DESIGN AND EQUIP THE FACILITY SO AS TO KEEP ALL ANIMALS ON THE
PREMISES.
(F) KEEP ONLY THAT NUMBER OF ANIMALS IN THE FACILITY WHICH IS SAFE
AND HEALTHY FOR THE FACILITY'S SAKE.
(G) MAINTAIN THE FACILITY IN SUCH A MANNER THAT IT DOES NOT
CONSTITUTE A NUISANCE TO OWNERS OR OCCUPIERS OF LAND IN ITS VICINITY.]
3.15.010 Licenses Required.
3.15.020 Kennel Licensine Procedure.
(a) Application for a kennel license must be made to the Animal Control Office
The application shall include:
New Text Underlined; [DELETED TEXT BRACKETED]
Page 45 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 8 of 15
(1) The name and address of the applicant;
(2) The number and breeds of dons to be kept in the facility;
(3) The type of facility the applicant proposes to operate under the license, and a
description of the proposed facility. An application for a license for a kennel facility to
be used for commercial purposes shall include a copy of a current Alaska Business
License for the operation of the kennel, an approved Conditional Use Permit. if
_applicable and a Borough Sales Tax application or registration number:
(4) The address of the premises where the applicant proposes to operate under the
license, and the name and address of the owner of the premises;
(5) A diagram of the premises on which the applicant proposes to operate under
the license. The diagram shall show the lot lines and the location and dimensions of
yards and structures on the premises where the applicant proposes to operate under
the license designate the parts of the premises on which dogs will be kept, and show
the location and use of structures of adjacent lots. The diagram need not be based
upon a formal survey of the premises;
(6) The license fee required by KMC 3.05.100;
(7) Proof of a current rabies vaccination for each dog kept in the facility that is over
the age of three 3 months.
(b) The Animal Control Office shall not issue a license to any person who has been
convicted of neglecting an animal or cruelty to an animal.
(cl The Animal Control Office shall not issue a license until it has inspected the
premises where the applicant proposes to operate the kennel facility, and determines
that the kennel facility meets the standards set forth in applicable City, Borough or
State laws or regulations.
(d) The Animal Control Office shall prepare a written report of its findings;
including any reason why the proposed facility does not meet the standards set forth
in applicable City Borough or State laws and regulations and any steps which the
applicant may take to make the facility gualify for a license The Animal Control Office
shall give the applicant a copy of the report.
(el A license shall expire on December 31 of the year in which it is issued.
(f) An application to renew a kennel facility license shall be made before the
current license expires, and shall be made in the same manner as an application for a
new license. An applicant for renewal may rely upon materials submitted with a prior
application for a kennel facility license provided that the information accurately
portrays the current condition of the kennel facility and the applicant certifies that
there have been no significant changes since the prior application.
(g) Notification of an initial or renewal application shall be mailed to real property
owners on the borough assessor's records within a three hundred foot (3001 periphery
of the parcel where the applicant proposes to operate the kennel facility. The notice
New Text Underlined; [DELETED TEXT BRACKETED]
Page 46 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 9 of 15
shall provide a date by which any comments regarding the application or request for a
public hearing can be submitted.
ordinance requirements or any other applicable City, Borough or State laws or
regulations.
health and safety.
3.15.030 Kennel License Revocation.
(a) If an inspection of a kennel facility reveals:
(1) The kennel facility constitutes a health hazard:
(2) The kennel facility violates a City, Borough or State law or regulation;
(3) The kennel facility violates a limitation of a license issued under this chapter.
The inspecting agency may so notify the operator of the facility, stating in writing the
steps the operator may take to remedy the violation.
(b) The inspecting agency shall allow a kennel facility operator who has been
notified of a violation under subsection (a) of this section a reasonable time not
exceeding fifteen (15) days, to remedy the violation. At the end of that period the
inspecting agency shall re- inspect the kennel facility to determine whether the
violation has been cured.
(c) If after re- inspection, the inspecting agency determines the violation has not
been cured or that new violations have occurred. the Animal Control Office may
commence a proceeding to revoke the license for the facility.
(d) Before revoking a license the Animal Control Office shall hold a hearing to
determine whether the license should be revoked. If the license is revoked the Animal
Control Office shall prepare a written decision as to why the proposed facility does not
New Text Underlined; [DELETED TEXT BRACKETED]
Page 47 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 10 of 15
meet the standards set forth in City. Borough, or State law or regulation or license
conditions.
3.15.040 Standards for Operating Kennel Facility.
In operating a kennel facility, the operator shall:
(a) Comply with the provisions of this title the terms conditions and limitations of
any license issued hereunder and any City. Borough or State law or regulation.
(bl Provide shelter adequate to preserve the health of the animals kept in the
facility.
(cl Maintain the facility in a sanitary condition.
(d) Provide for the adequate care and feeding of animals kept in the facility.
(e) Design and equip the facility so as to keep all animals on the premises.
(0 Keep only that number of animals in the facility which is safe and healthy for
the animals sake.
(g) Maintain the facility in such a manner that it does not constitute a nuisance to
owners or occupiers of land in its vicinity.
3.15.050 Chicken Licensing Procedure.
(a) Application for a license to keep chicken hens on a parcel less than forty
thousand (40 0001 square feet or in the RU RS1 RS2 or TSH zones must be made to
the Animal Control Office. The application shall include:
(1) The name and address of the applicant and address of the premises where the
chickens are proposed to be kept. If a premises where chickens are proposed to be
kept has a different owner than the applicant the name and address of the parcel
owner must also be provided along with written permission of the property owner
where the chickens are proposed to be kept:
(2) The number of chickens to be kept on the property;
(3) A description of the proposed chicken containment structure;
(4) A diagram of the premises on which the applicant proposes to keep chickens.
The diagram shall show the lot lines and the location and dimensions of yards and
structures on the premises where the applicant proposes to operate under the license
designate the parts of the premises on which chickens will be kept, and show the
location and use of structures of adjacent lots. The diagram need not be based upon a
formal survey of the premises;
(5) The license fee required by KMC 3.05.100;
M The Animal Control Office shall not issue a license to any person who has been
convicted of neglecting an animal or cruelty to an animal.
New Text Underlined; [DELETED TEXT BRACKETED)
Page 48 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 11 of 15
(c) The Animal Control Office shall not issue a license until it has inspected the
premises where the applicant proposes to keep chicken, and determines that the
standards set forth in any applicable City, Borough or State law or regulation have
been met.
(d) The Animal Control Office shall prepare a written report of its findings;
including any reason why the proposal does not meet the standards set forth in any
_applicable City, Borough or State law or regulation and any steps which the applicant
may take to qualify for a license. The Animal Control Office shall give the applicant a
copy of the report.
(e) A license to keep chickens shall expire on December 31 of the year in which it is
issued.
(f) An application to renew a license to keep chickens shall be made before the
current license expires, and shall be made in the same manner as an application for a
new license. An applicant for renewal may rely upon materials submitted with a prior
application to keen chickens provided that the information accurately portrays the
current condition of the premises and chicken containment structure and the
applicant certifies that there have been no significant changes since the prior
application.
(A Notification of an initial or renewal application shall be mailed to real property
owners on the borough assessor's records within a three hundred foot (3001 periphery
of the parcel where the applicant proposes to keep chickens. The notice shall provide a
date by which any comments regarding the application or request for a public hearing
can be submitted.
During the comment neriod, the applicant or any person receiving notice under
this subsection may request a public hearing about whether an application should be
granted by the City. Upon timely request for a hearing, the Animal Control Office shall
hold a hearing to determine whether the license to keep chickens should be issued,
renewed, conditioned, limited, or denied. Notification of the hearing shall be mailed to
real property owners listed on the borough assessor's records within a three hundred
foot (3001 periphery of the parcel that is the subject of the proposed action. The notice
shall be mailed at least ten (10) days prior to the hearing and shall include the date,
time, and place of the hearing. A copy of the decision shall be mailed to all notified
property owners and all persons testifying or submitting comments and the applicant.
(h) The applicant shall be informed in writing that the application or receipt of the
license provided for in this chapter does not relieve the applicant of meeting all zoning
ordinance requirements, building code requirements or any other applicable City,
Borough, or State laws or regulations.
fi) The applicant shall agree in writing that the property on which the chickens are
New Text Underlined; [DELETED TEXT BRACKETED]
Page 49 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 12 of 15
3.15.060 Standards for Keevin¢ Chickens on Parcels Subject to Chicken
Licensing Requirements.
A person keeping chickens subiect to a license to keep chickens shall:
(a) Comply with the provisions of this title, any and all applicable City. Borough, or
State law or regulation and the terms, conditions, and limitations of any license issued
hereunder.
(bl Provide shelter adequate to preserve the health of the animals kept.
(c) Maintain the chicken coop and chicken run in a sanitary condition.
(d) Provide for the adequate care and feeding of animals kept.
(e) Design and equip the chicken coop and chicken run so as to keep all animals
on the premises and contained within a chicken coop and chicken run.
(f) Keep only chicken hens for the purpose of egg production.
(g) Keep no more than twelve (12) chickens on a parcel thirty thousand (30,0001
square feet, no more than eight (8) chickens on a parcel between twenty thousand
(20,000) square feet and less than thirty thousand (30,000) square feet, no more than
six (6) chickens on a parcel between ten thousand (10.000) square feet and less than
twenty thousand (20,000) square feet, and no more than four (4) chickens on a parcel
between eight thousand five hundred (8.500) square feet and less than ten thousand
(10,000) square feet. No chickens may be kept on a parcel less than eight thousand
five hundred (8.500) square feet.
(h) Maintain the chickens and associated structures in such a manner that does
not constitute a nuisance to owners or occupiers of land in its vicinity.
3.15.070 Revocation of License to Keev Chickens.
(a) If an inspection of a premises where chickens are licensed reveals any of the
following conditions, the inspecting agency shall notify the licensee, stating in writing
the steps the operator may take to remedy the violation:
( 1) The chickens or associated structures constitute a health hazard;
(2) The manner in which the chickens or associated structures are kept violates a
City, Borough or State law or regulation:
(3) The chickens are kept in a manner that violates a term, condition, or limitation
of the license;
(4) The chickens or associated feed, or structures are kept in a manner that
represents an unreasonable attractant to bears or other wild animals.
(b) The inspecting agency shall allow a person who keeps chickens who has been
notified of a violation under subsection (a) of this section a reasonable time not
exceeding fifteen (15) days to remedy the violation. At the end of that period, the
inspecting agency shall re- inspect the premises to determine whether the violation has
been cured.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 50 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 13 of 15
(c) If after re- inspection, the inspecting agency determines the violation has not
been cured or that new violations have occurred the Animal Control Office may
commence a proceeding to revoke the license for the premises
(d) A proceeding to revoke a license may occur as soon as reasonably possible if it
appears in the iudgment of the Animal Control Office that a bear or other wild animal
has become habituated to the location where the chickens are kept and continuing to
keep chickens at the location presents an unreasonable risk to humans or animals
(e) Before revoking a license the Animal Control Office shall hold a hearing to
determine whether the license should be revoked. If the license is revoked the Animal
Control Office shall prepare a written decision as to why the license was revoked citing
to specific violations of City. Borough, or State law or regulation or license conditions
3.15.080 Hearings— Auveals.
A person aggrieved by the granting revocation renewing limiting conditioning
3.05.100 Fees.
(a) In addition to any other fee required by this title, the City may charge a fee for
the following, which fees or charges shall be as set forth in the City's schedule of fees
adopted by the City Council:
(1) Kennel facility license;
(2) License to keep Chickens;
2 3 Dog license, sterilized animal;
3 4 Dog license, unsterilized animal;
([4 15) Dog license tag, replacement plus duplicate;
([5 16) Insertion of microchip;
6 7 Animal boarding;
7 8 Animal impoundment.
fb) Animal boarding and impoundment fees shall be set based upon the type and
weight of the animal boarded. Animal impound fees shall also be set so that the fee for
the second impoundment and third impoundment of the same animal within a twelve
(12) month period from the first impoundment shall be progressively higher than the
previous impoundment.
(c) The fee for redeeming an impounded animal shall be the sum of the
impoundment and boarding fees as set forth in the City's schedule of fees, provided
that if, within thirty (30) days of paying the impoundment and boarding fees, the
owner of an impounded animal presents proof that the animal has been sterilized, the
New Text Underlined; [DELETED TEXT BRACKETED]
Page 51 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 14 of 15
Animal Control Office shall refund to the owner the impoundment fee for the animal.
The refund for sterilization shall be allowed only once for any animal. Before
redeeming an animal from impoundment, the owner must also pay for any shots
required for the animal and pay for and obtain a license if the animal was not
previously licensed.
(d) Any impounded animal which by reason of its size, strength, dangerous
propensities, or other characteristics cannot reasonably be kept in the Animal Control
Shelter may be reclaimed upon payment of an impoundment fee as set forth in the
City's schedule of fees plus the actual costs reasonably incurred by the Animal Control
Office in impounding, transporting, and keeping the animal.
Section 4. Amendment of the City's Comprehensive Schedule of Fees, Rates and
Charges, "Animal Control" Section: The City's Comprehensive Schedule of Fees, Rates
and Charges, "Animal Control" Section is hereby amended as follows:
ANIMAL CONTROL
3.05.100 (a)(11
Kennel Facility
$102.00
3 05.100 (a)(2)
License to Keep Chickens
$25.25
3.05.100 ([B] a)(3)
Dog License - Sterilized Dog
$10.20
3.05.100 (a)(41
Dog License - Non - sterilized Dog
$30.60
3.05. 100 (a) (5)
Lost License Replacement
$2.04
3.05.100 (c) [(1)]
First Impoundment within 12 months - Dog
$51.00
First Impoundment within 12 months - Cat
$15.30
3.50.100 (c) [(2)]
Second Impoundment within 12 months - Dog
$30.60
Second Impoundment within 12 months - Cat
$40.80
3.05.100 (a[C) (4)]
Boarding Fee Animal 15lbs or less - Per Day
$20.40
Boarding Fee Animal more than 15 lbs - Per Day
$35.70
3.05.100 (d[C])[ (5)]
Dangerous Animal Impoundment
$102.00
3.25.060 (d)
Veterinarian Service - Dog Spaying or Neutering
$91.80
Veterinarian Service - Cat Spaying
$81.60
Veterinarian Service - Cat Neutering
$61.20
Veterinarian Service - Rabies Vaccination
$20.40
N/A Animal Waiver Fee - Dog $15.30
Animal Waiver Fee - Puppy /Cat $10.20
Animal Waiver Fee - Kitten $5.10
N/A Adoption Fee $15.30
New Text Underlined; [DELETED TEXT BRACKETED]
Page 52 of 234
Ordinance No. 2656 -2012 (Substitute)
Page 15 of 15
Section S. Severability: That 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 6. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of
2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Introduced:
Adopted:
Effective:
New Text Underlined; [DELETED TEXT BRACKETED)
Page 53 of 234
►A
"I/ilZa9e with a Past, Ci� with a Future"
MEMORANDUM
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.ci.kenai.ak.us
TO: City Council �3
FROM: Scott Bloom, City omey
DATE: May 30, 2013
RE: Ordinance No. 2656 -2012 (Substitute) Chicken
At the March 6, 2013 Council meeting, Council member Terry Bookey moved to postpone
Ordinance No. 2656 -2012 (the "Chicken Ordinance ") for 90 days directing administration to
prepare a Substitute Ordinance using the existing Kennel Ordinance as a framework. The Motion
passed four to three. In preparing this Substitute I consulted with the City Manager, Planning
Department, Animal Control, Planning and Zoning Commissioner, Henry Knacksted, Council
Member Bookey and Council Member Boyle.' I also attempted to incorporate comments made
during the hearings before the Planning and Zoning Commission and Council that were consistent
with the direction administration was directed to proceed with.
In review of the existing Kennel Ordinance, I noted that there were numerous housekeeping
changes that were warranted and in order to incorporate the keeping of chickens into the Kennel
Ordinance, I determined it was clearer to repeal and reenact Chapter 13.5, Licensed Facilities, to
incorporate housekeeping changes and chickens. I recommend due to the significant differences
between the Substitute and original Ordinance that an additional public hearing be scheduled for the
Substitute prior to any action taken by the Council on the Substitute.
The following is a sectional analysis of changes reflected in Ordinance No. 2656 -2012 (Substitute):
KMC 3.10.070 Livestock within the city limits.
Instead of exempting 12 chicken hens from the definition of livestock as provided for in the original
Ordinance, the Substitute leaves chicken hens in the definition of livestock and specifically
provides that they can be kept as provided for in KMC Chapter 3.15, Licensed Facilities. Other
notable changes include the reduction of side setback requirements for coops from 25 feet to 15 feet
in subsection (f) and the addition of language at the end of subsection (h) that clarifies a conditional
use permit cannot be used to avoid the requirement of obtaining a license to keep chickens.
t Council Member Boyle was not in agreement with the result of the Substitute Ordinance at the time I discussed it with
him.
Page 54 of 234
Memo RE: Ordinance No. 2656 -2012 (Substitute) Chicken
May 30, 2013
Page 2 of 3
KMC 3.15.010 License Required.
This section is modified to add chickens to the licensing requirement for applicable properties and
clarifies that a license can only be obtained for chicken hens.
KMC 3.15.020 Kennel Licensing Procedure.
This section is only modified to incorporate minor housekeeping changes.
KMC 3.15.030 Kennel License Revocation.
This section is only modified to incorporate minor housekeeping changes
KMC 3.15.040 Standards for Operating Kennel Facility.
This section was renumbered in order to move the Hearings- Appeals section (formerly 3.15.040) to
the back of the chapter and otherwise incorporates only minor housekeeping changes.
KMC 3.15.050 Chicken Licensing Procedure.
This is a new code section requiring an application to keep chicken hens to be submitted to the
Animal Control Office. It requires a license fee of $25.25 to keep chickens as compared to $102 for
dog kennels. It requires the applicant to provide their name, address, and number of chickens,
description of containment structure and a diagram. This section limits the granting of licenses to
those who have not been convicted of neglecting an animal or animal cruelty similar to kennel
license requirements and requires an inspection prior to issuance of a license. An expiration and
renewal process is also incorporated similar to the kennel license requirements in addition to public
notice requirements and the opportunity for a hearing. An applicant is required to allow inspections
between 9:00 a.m. and 5:00 p.m. upon receipt of a complaint regarding nuisance or health and
safety.
KMC 3.15.060 Standards for Keeping Chickens on Parcels Subject to Chicken Licensing
Requirements.
This new section of code requires a person keeping chickens to comply with all applicable City,
Borough and State laws or regulations and any conditions imposed in the license. Adequate shelter,
sanitation, care, feeding and containment is required. The license is limited in this section to the
keeping of chickens for egg production.
Subsection (g) provides a limitation on the number of chickens that can be kept based on lot size. It
allows more chickens to be kept on larger parcels and less on smaller parcels; from a maximum of
twelve to a minimum of four and no chickens on parcels smaller than 8,500 square feet. While there
is no hard science behind these numbers, the intention is to allow a reasonable number of chickens
to be kept on smaller parcels and balance that interest against the increased likely -hood of the affect
keeping chickens may have on neighbors when there is less space available. Additionally, if there
Page 55 of 234
Memo RE; Ordinance No. 2656 -2012 (Substitute) Chicken
May 30, 2013
Page 3 of 3
was not a step down based on lot sizes, there could be a greater increase in density of chickens in
areas with smaller lot sizes which may increase the likelihood of unwanted interaction with wild
animals.
Finally this section requires chickens to be kept in manner that does not constitute a nuisance for
neighbors.
KMC 3.15.070 Revocation of License to Keep Chickens.
This new section of code states that if upon inspection it is determined that the chickens or
associated structures constitute a health hazard, violate applicable laws or regulations or terms of
the license or represent an unreasonable attractant to bears or other wild animals, the inspecting
agency shall provide written notification of deficiencies and allow 15 days to cure. If the violation
is not cured within 15 days a revocation proceeding may commence which requires a hearing.
There is also an exception provided in this section that if in the judgment of the Animal Control
Officer, a bear or other wild animal has become habituated to the location where the chickens are
kept and continuing to keep chickens at the location presents an unreasonable risk to humans or
animals, a proceeding to revoke the license may occur as soon as reasonably possible.
KMC 3.15.080 Hearings- Appeals.
This section of code was formally KMC 3.15.040. It provides for a person aggrieved from the
granting, revocation, renewal, limiting, conditioning or denial of a license to appeal the decision
pursuant to KMC 14.20.290, Appeals Board of Adjustment.
KMC 3.05.100 Fees.
This section is amended by adding chicken licenses to the fee provision of Title 3.
Fee Schedule.
Finally, the proposed Substitute Ordinance amends the City's fee schedule to add a fee for chicken
licensing and makes other housekeeping changes regarding animal licensing fees to match the fee
schedule to the applicable code sections.
Your consideration is appreciated.
YAOrdinances & Resolutions \Ordinances \Ordinance No. 2656 -2012 (Substitute) Chicken (2) MEMO 053013.docx
Page 56 of 234
u
Suggested by: Administration
CITY OF KENAI
NO. 2703 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $512.45 IN THE GENERAL
FUND - POLICE DEPARTMENT FOR STATE TRAFFIC GRANT OVERTIME
REIMBURSEMENT.
WHEREAS, the Kenai Police Department joins with other law enforcement agencies
statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs to
reduce fatalities and injuries on roadways; and,
WHEREAS, AHSO traffic- related overtime funds require no local match and allow the
department to provide specific traffic safety patrols; and,
WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled
$512.45 from February to March of 2013; and,
WHEREAS, the Police Department is requesting the appropriation of $512.45 to the
General Fund, Police Overtime account for the amount to be reimbursed by the State
of Alaska for the department's participation in AHSO program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
State Grant - Police $512.45
Increase Appropriations:
Police - Overtime $512.45
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June,
2013.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Page 57 of 234
Introduced: May 15, 2013
Adopted: June 5, 2013
Effective: June 5, 2013
j "Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I�II'f
_ - 1992
KENAV
MEMO:
IU 1 TO: Rick Koch — City Manager
YP \ \l FROM: Gus Sandahl — Police Chief
DATE: 5/3/13
SUBJECT: Ordinance requesting appropriation - Police Overtime
The Kenai Police Department continues to participate in DUI overtime patrols,
reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office
(AHSO). These overtime patrols are not budgeted in the FY13 budget.
Actual overtime costs for DUI overtime patrols from February to March of 2013 are
$512.45.
AHSO- overtime reimbursements are deposited into the general fund. The police
overtime account has a significant depletion, and I am requesting an appropriation of
$512.45 into the general fund, police overtime account for actual AHSO- related overtime
costs.
Page 58 of 234
LN %6500A
the cify o f
V
To: Rick Koch, City Manager
From: Terry Eubank
Date: May 29, 2013
"KIlle with a Past, C# with a Future"
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
Re: Recommended amendment to Ordinance 2703 -2013
The purpose of this memo is to recommend amendment to Ordinance 2703 -2013 prior to
adoption. Ordinance 2703 -2013 appropriates grant funds associated with overtime worked by
Police Department personnel in support of Alaska Highway Safety Office traffic safety
programs.
Overtime is worked periodically through the fiscal year during high traffic periods to reduce
fatalities and injuries on Alaska's roadways. Ordinance 2703 -2013, as introduced, was for
overtime worked during February and March 2013. Department personnel worked additional
shift during this past Memorial Day Weekend that are eligible for reimbursement in the amount
of $821.30. Amendment of Ordinance 2703 -2013 to include amounts from Memorial Day
Weekend will avoid the time and delay of introducing an ordinance identical to Ordinance 2703-
2013 except differing dates of execution and differing amounts.
This minor amendment is not a substantial change requiring an additional public hearing prior to
adoption after amendment. KMC 1.15.070 Ordinance — Procedure in passing, permits
introduction and passage of appropriating ordinances in the same meeting and allows such
ordinances to be effective immediately. As such, I recommend the following amendments to
Ordinance 2703 -2013:
1. The third WHEREAS should be amended to read, "actual AHSO overtime expenditures
for traffic safety patrols totaled $1,333.75 from February through Memorial Day
weekend ".
2. The amount of increase estimated revenues and police overtime expenditures should be
amended to $1,333.75.
Page 59 of 234
j IlVillaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 flllll
1992
the ci� of
KENO AL SKA
MEMO:
TO: Rick Koch — City Manager
FROM: Gus Sandahl — Police Chief
DATE: 5/29/13
SUBJECT: Ordinance requesting appropriation - Police Overtime
The Kenai Police Department continues to participate in Click it or Ticket overtime
patrols, reimbursed to the City of Kenai through a grant by the Alaska Highway Safety
Office (AHSO). These overtime patrols are not budgeted in the FY13 budget.
Over the Memorial Day weekend, several KPD officers worked multi - jurisdictional click it
or ticket patrols in the Central Peninsula. Actual overtime costs for Click it or Ticket
overtime patrols over Memorial Day weekend cost $821.30.
AHSO - overtime reimbursements are deposited into the general fund. The police
overtime account has a significant depletion, and 1 am requesting an appropriation of
$821.30 into the general fund, police overtime account for actual AHSO - related overtime
costs.
Page 60 of 234
Suggested by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2704 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 13.40.040 TO PROVIDE FOR A SEASONAL SPEED LIMIT OF TWENTY (20)
MILES PER HOUR WHILE DRIVING MOTORIZED VEHICLES ON A CERTAIN PORTION
OF THE NORTH SHORE PUBLIC BEACH.
WHEREAS, the City of Kenai is the owner of significant areas of public beaches within
City limits, including the North Shore public beach; and,
WHEREAS, the City of Kenai enforces its laws on beaches within the City; and,
WHEREAS, certain parts of the North Shore beach are heavily used on a seasonal
basis by a wide range of recreational, personal use and commercial users; and,
WHEREAS, use of motorized vehicles travelling in excess of twenty (20) miles per hour
on certain parts of the North Shore beach can be hazardous due to large crowds
present and the variety of activity occurring; and,
WHEREAS, it is in the best interest of the citizens of the City of Kenai to enact a speed
limit of twenty (20) miles per hour for motorized vehicles on the most heavily used
portion of the North Shore beach within the City,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form: That this is a Code ordinance
Section 2. Amendment of Section 13.40.040 of the Kenai Municipal Code: That the
Kenai Municipal Code, Section 13.40.040, Speed limits, is hereby amended as shown
on Appendix IV attached hereto and as follows:
13.40.040 Speed limits.
The speed limit shall be ten (10) [MPH] miles per hour while [RIDING] operating a
motor vehicle in a right -of -way of a residential or business area, a parking lot, as
authorized in 13.40.020(c), or in close proximity of another person(s). Between April
1st and September 30d, each year, the speed limit shall be twenty (20) miles per hour
while driving on public beaches as shown on Appendix IV of this chanter.
Section 3. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
New Text Underlined; DELETED TEXT BRACKETED]
Page 61 of 234
Ordinance No. 2704 -2013
Page 2 of 2
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5 day of June,
2013.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: May 15, 2013
Adopted: June 5, 2013
Effective: July 5, 2013
New Text Underlined; DELETED TEXT BRACKETED
Page 62 of 234
KMC 13.20.040 - 20 MILE PER HOUR SPEED ZONE AREA
KENAI SPUR HWy
Pag p63eof2341V Ordinance No. 2704 - 2013
" "Village with a Past, Git with aFatare��
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 1I It
1992
MEMO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: May 29, 2013
SUBJECT: Ordinance 2704 -2013, Seasonal Speed Limit on the North Beach
The purpose of this correspondence is to provide information, and to recommend
against Council adoption of the above referenced ordinance.
I will address two issues germane to the discussion regarding this ordinance; first, what
is the need for this legislation, and second, what is the effect on City resources in
enforcing an ordinance limiting the speed limit to 20 miles per hour on the North Beach.
During the past year, the Kenai Police Department received eleven complaints relating
to vehicle use on the North Beach. Ten of these complaints were from the same
individual. As City Manager I would estimate that I received approximately two -dozen
phone calls in which the caller complained about vehicle use on the North Beach. All of
the calls I received were from the same individual who lodged ten of the eleven
complaints with the Police Department.
In the seven years I have served as City Manager I have not received a single
complaint from an individual who said they were on the North Beach and felt
endangered by a vehicle because of proximity or speed.
Twenty miles per hour is the same limitation as provided for in school zones when
children are present. Many of our citizens enjoy driving on the North Beach at a greater
rate of speed than that limitation.
If the issue is excessive speed while in proximity to other individuals on the beach there
is already a provision in code that defines the allowance in that circumstance. KMC
13.40.040 stipulates a ten mile per hour speed limit when in close proximity of another
person(s). If the issue is excessive noise, again there is already a provision in code,
Page 64 of 234
KMC13.40.020(e), that provides for enforcement.
Enforcement of a 20 mile per hour speed limit in an area that cannot be regularly
patrolled by Police Officers is problematic. If a speed limit is placed on the North Beach
and not actively enforced the City will be accused of not enforcing its ordinances. Given
the nature of attempting to enforce a speed limit on the North Beach it would be
necessary to maintain a presence on the beach by individuals trained in the use of
radar. If the City chose to effectively enforce a speed limit from April 1st through
September 30th on the North Beach it would require additional personnel and resources
I estimate the cost of these to be $20,000 to $40,000, depending on hours of
enforcement.
Additionally, roughly one -half of the area shown in Appendix IV to this ordinance is
already off - limits to motorized traffic and would be in conflict with KMC 13.30.080.
Please find attached a memorandum from the Chief of Police on this issue.
Thank you for your attention in this matter. If you have any questions, please contact
me at your convenience.
Page 65 of 234
j "Villaye with a Past, C# with a Future"
r� 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 1111y
1991
tllc u� o�
KENAI, UA SKA
MEMO:
TO: Rick Koch — City Manager
FROM: Gus Sandahl — Police Chief
DATE: 5128113
SUBJECT: Ordinance 2704 -2013
I am providing some background information as the Council dbnsiders Ordinance 2704-
2013, which proposes to provide a seasonal speed limit of 20 mph on the North Beach.
KMC 13.40.040 specifically addresses speed limits of off -road vehicles and states the
following:
The speed limit shall be ten (10) mph while riding in a right -of -way of a residential
or business area, a parking lot, or as authorized in KMC 13.40.020(c), or in close
proximity of another person(s).
In 2012, there were 11 off -road vehicle complaints relating to the North Beach. Ten (10)
of these 11 complaints were made by the same complainant. Of these 10 complaints,
none of them resulted in enforcement action because responding officers were unable to
substantiate any violation; or they were unable to find the alleged violator; or they were
simply unable to respond due to higher priorities. 2012 tied with 2010 for the lowest
number of off -road vehicle complaints in the City since 2006.
In 2012, the Kenai Police Department investigated 160 motor vehicle crashes. None of
those crashes involved off -road vehicles on the North Beach. There was one minor
accident in the North Beach parking area that was reported, but not investigated. This
involved a vehicle backing into another vehicle during the dipnet fishery.
TEOs are on the North Beach regularly from May to August, and I think that has helped
deter off -road vehicle complaints. TEOs do not receive radar operator training, nor
should they. Speed enforcement is more complex (as is the subsequent court
testimony) than the violations that TEOs typically deal with. Police officers receive a
minimum of three full days of training before they are able to start speed enforcement in
the field.
Page 66 of 234
In 2012, Kenai Police Officers handled 8,297 calls for service, a significant spike over
preceding years. I do not consider the North Beach a speed problem area that needs
additional attention from police officers; as I think it receives more than adequate
attention from our TEOs throughout the summer. Without additional police officer
resources, it would be unreasonable for the Police Department to divert any current
patrol resources to speed enforcement for a posted speed limit on the North Beach.
I feel the Kenai Police Department is able to adequately address off -road vehicle issues
with how the KMC is currently written. Given the above information, the Police Dept.
recommendation is to not amend the existing code.
Page 67 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 68 of 234
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2705 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $2,343.04 IN THE GENERAL
FUND - POLICE DEPARTMENT FOR JUSTICE ASSISTANCE GRANT OVERTIME
REIMBURSEMENT.
WHEREAS, since October 1, 2012, a Justice Assistance Grant (JAG) funded Kenai
police officer, has worked in the Alaska State Troopers drug unit; and,
WHEREAS, through JAG funding, the State of Alaska has reimbursed the City of
Kenai for the officer's salary and overtime; and,
WHEREAS, actual overtime expenditures for the JAG funded Kenai officer in the drug
unit have totaled $2,343.04 for the time period of October 1, 2012 to April 30, 2013,
and those funds are paid out of the Police - Overtime account; and,
WHEREAS, JAG funded officer's overtime hours were not budgeted in the FY 13 Police
budget; and,
WHEREAS, the Police Department is requesting the appropriation of $2,343.04 to the
General Fund - Police Overtime account to cover unbudgeted overtime costs of drug
unit participation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
State Grant - Police $2,343.04
Increase Appropriations:
Police - Overtime $2,343.04
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June,
2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: 7!2=� _ Introduced: May 15, 2013
Adopted: June 5, 2013
Effective: June 5, 2013
Page 69 of 234
j "Village with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
—. Telephone: 907 - 283 -7535 /FAX: 907 - 283 -3014 till'
_ - 1992
then of
KEN M SKA
MEMO:
TO: Rick Koch – City Manager
FROM: Gus Sandahl – Police Chief
DATE: 517113
SUBJECT: Ordinance requesting appropriation into Police – Overtime
Since October 1, 2013 the Kenai Police Department has had a Justice Assistance Grant
funded officer on the AST drug task force. The State of Alaska reimburses the City of
Kenai for the officer's salary and overtime. The officer's overtime is paid out of the City
of Kenai police - overtime account, which is now significantly depleted. The Police
Department did not budget for the overtime of this position.
Overtime reimbursements for this position are deposited into the City of Kenai – General
Fund. Actual overtime costs for the drug unit officer from Oct. 1, 2012 to April 30, 2013
are $2,343.04.
I am requesting an ordinance appropriating $2,343.04 to the general fund, police
overtime account to cover the unbudgeted JAG officer overtime costs from October 1,
2012 to April 30, 2013.
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2013 -36
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING
PUBLIC WATER AND SEWER SYSTEM EXCEPTIONS TO KMC 14.10.080, MINIMUM
IMPROVEMENTS, FOR KEE'S TERN SUBDIVISION PURSUANT TO KMC 14.10.090,
VARIATIONS AND EXCEPTIONS.
WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Kee's
Tern Subdivision on December 28, 2012, and recommended approval subject to
certain conditions on January 9, 2013; and,
WHEREAS, on May 22, 2013, the Planning and Zoning Commission amended its
recommended conditions imposed for approval; and,
WHEREAS, Planning and Zoning Commission Resolution No. PZ13 -25, passed on May
22, 2013, recommends that the City Council Approve Exceptions to KMC
14.10.080(e)and(i), Minimum Improvements Required, to waive the requirement that
the developer of Kee's Tern Subdivision provide a public water supply and sanitary
sewer lines for each lot in the subdivision; and,
WHEREAS, at the Planning and Zoning Commission meeting on May 22, 2013, the
developer of the subdivision additionally requested an exception from building the
subdivision roads to City standards and instead requested the roads be built to Kenai
Peninsula Borough standards, however the Planning Commission took no action on
this request; and,
WHEREAS, KMC 14.10.090, variations and exceptions allows for the City Council to
vary or modify the minimum subdivision requirements, after a report by the Planning
and Zoning Commission so that the sub - divider may develop the property in a
reasonable manner while at the same time protecting the public welfare and interests
of the City, surrounding areas, and general intent and spirit of the development
requirements when the tract to be subdivided is of unusual shape or size or is
surrounded by such development or unusual conditions that strict application of the
improvement requirements would result in real difficulties, substantial hardship, or
injustice; and,
WHEREAS, waiving the requirement of KMC 14.10.080(e) requiring the provision of a
public water supply to each lot is reasonable as the proposed lot sizes are over 40,000
square feet and can adequately support on site water, City fire protection is available
and onsite water is consistent with the surrounding neighborhood; and,
Page 71 of 234
Resolution No. 2013 -36
Page 2 of 2
WHEREAS, waiving the requirement of KMC 14.10.080(1) requiring the provision of
sanitary sewer lines to serve each lot is reasonable as the lot sizes are over 40,000
square feet and can adequately support on -site sewer systems, bringing a sewer
system to the subdivision is cost prohibitive as it would require boring under the
Kenai Spur Highway, and soils are adequate to support on -site waste water; and,
WHEREAS, the Planning and Zoning Commission conditioned its recommendation for
exceptions to water and sewer requirements that if water and sewer are extended to
the first entrance to the subdivision prior to the full development of the subdivision
and installation of other utilities, water and sewer must be extended to serve the
subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1. That pursuant to KMC 14.10.090, the City Council waives the
requirements in KMC 14.10.080 that require the developer to provide a public water
system and sanitary sewer lines to each lot in the subdivision based on the findings
stated above.
Section 2. That if water and sewer are extended to the first entrance to the
subdivision prior to the full development of the subdivision and installation of other
utilities, water and sewer must be extended to serve the subdivision.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5u day of June,
2013.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Page 72 of 234
u
"Village with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 tlll�l
1992
MEMO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: May 29, 2013
SUBJECT: Resolution 2013 -36, Kee's Tern Subdivision, Road Standards
The purpose of this correspondence is to provide information to the Council regarding
request from the developer of the above referenced subdivision to vary from the road
standard provided for in the Kenai Municipal Code.
At the Planning & Zoning Commission meeting of May 22, 2013, the Commission
considered a request to waive the requirement for public water and sewer systems in
the Subdivision. Administration transmitted a memorandum to the Commission
recommending that the code requirements for water and sewer be waived.
At the P & Z meeting the developer, during the comment period for the resolution to
waive water and sewer, requested that the P & Z Commission also waive the City's
code requirement for roadway standards, and instead allow the developer to build to
"Borough Standards."
The developer made the request directly to the Commission without any discussion with
the Administration. Additionally, there was no formal proposal, or detailed alternative to
be considered. The developer's consultant testified that there were many minimum
standards of roadways that were of a lesser standard than what is required by the City
and that the City should therefore allow for a lesser standard of construction.
I testified before the Commission and respectfully suggested that they should not
consider this undefined, verbal request that was coming before them without any notice,
and without a detailed request from the developer with the benefit of administrative
review.
The Commission agreed with my request and asked the City Manager if it was possible
Page 73 of 234
that the developer work with Administration to consider an alternative roadway design.
Then, assuming the alternative design was acceptable to the Administration and the
developer, could Administration take a request for a variance of the road design directly
to the Council at the June 5th Council meeting without the road standard variance
having to come back before the P & Z Commission?
My short response was, "I'm not sure, but I believe that Council could probably consider
this if they wanted to." 1 also told them that Council's decision could be to send it back to
the Commission and request a report as required by KMC 14.10.090 Variations and
exceptions.
I received the attached Exhibit A) correspondence from the developer's consultant on
the afternoon of May 28 h (correspondence is dated May 23rd). I reviewed the proposed
road standard and discussed the matter with the Public Works Director. The standard,
while probably meeting minimum standards for certain jurisdictions is not acceptable. It
will result in increased maintenance costs, and if upgraded to a paved standard in the
future, increased construction costs over the standard required in code, or alternatives
deemed acceptable by the City. During my discussion with the consultant he informed
me that while their proposed standard drawing identifies both paving and crushed
aggregate base course it is not the developer's intent to install either of these items.
The City responded to the developer's consultant the afternoon of May 28th by
transmitting a marked -up version of the developer's proposed standard (Attachment B).
The Administration's proposed changes to the developer's submittal was to increase the
overall width of the section by two feet, and require the surfacing material to be a
minimum of four inches of crushed aggregate base course. The effect of these changes
is to provide adequate roadway surface for the future construction of two, twelve foot
paved driving lanes, and to install four inches (4 ") of crushed aggregate base course to
minimize maintenance of the non -paved roadway.
I spoke with the developer's consultant during the late morning of May 29th. I informed
him I had a deadline of that day to have materials in the packet for the June 5, 2013
Council meeting and that I needed to know by 2:30 PM if the developer agreed with the
City's alternative standard. Further, I informed him if the developer /consultant did not
respond there would not be a resolution in the packet addressing a variance for the road
standard in Kee's Tern Subdivision, but that Administration would include an
informational item to provide a status report to the Council.
At this juncture there are three roadway standards that are acceptable to the
Administration. They are described as follows:
1. Per KMC 18.10.030. All streets and public ways shall be graded to their full
width, as required by the City Manager to the appropriate grade, and shall be
surfaced to a minimum of thirty feet (30'), and all major streets shall be
Page 74 of 234
surfaced to a minimum width of forty feet (40'). The cross section of
construction shall contain non -frost susceptible material to a depth of forty -
two inches (42 ") or down to sand, as required by the City Manager, from the
grade approved by the City, then there shall be added non -frost susceptible
material eighteen inches (18 ") of the normal surface grade of the adjacent
lots; or as established by the City Manager, there shall be added thereon
gravel approved by the City Manager for a depth of six inches (6 "), so the
crown of the finished street shall be not less than twelve inches (12 ") from
normal surface grade of the adjacent lots before compaction of the gravel.
Such construction shall be subject to inspection and approval by the City
Manager, and shall apply with all City standards for construction. (Exhibit C)
2. Alternative #1. A paved standard with two (2), twelve foot (12') driving lanes
with one -foot (1) shoulders, over two inches (2 ") of crushed aggregate base
course, over a minimum of thirty -six inches (36 ") of non -frost susceptible
material as approved by the City Manager. (Exhibit D)
3. Alternative #2. The proposed standard submitted by the developer (Exhibit
B) including modifications proposed by the City. A twenty -six foot (26') non -
paved surface consisting of four inches (4 ") of crushed aggregate base
course over six inches (6 ") of two inch minus ( -2 ") gravel sub -base, over
thirty -two inches (32 ") of non -frost susceptible borrow, or non -frost
susceptible native material.
Absent an agreement between the Administration and the developer for a roadway
standard in Kee's Tern Subdivision, and assuming the developer will come before
Council at the June 5th meeting, requesting Council action on this issue, Administration
recommends the following *:
Council approve a variance of the roadway standards to include any of the
three alternative designs acceptable to the Administration and described in
this document.
That Council does not consider any other alternative designs, other than
those acceptable to the Administration, without requiring the developer to
follow the process for provided for in code, KMC 14.10.090
* The City Clerk and /or City Attorney should provide guidance about whether Council
action on this issue meets public notice requirements.
Without getting into a long philosophical discussion on road standards, and there are an
almost limitless number of standards, it's important to recognize the City, within reason,
has the ability to set its own standards, and the City has done that in Chapter 18.10 of
the Kenai Municipal Code. Could the code provide more detailed guidance, yes, but the
code requirements as written, do not result in the construction of sub - standard, or gold -
plated roadways. The Kenai Peninsula Borough has adopted different standards than
the City of Kenai, for residential subdivisions some of the Borough standards result in a
roadway of lesser quality being constructed. This doesn't mean they are substandard,
Page 75 of 234
only that they meet a lower standard.
Without researching the standards employed by Municipalities and Boroughs
throughout the State I am aware that the standards for residential roadway construction
employed by the Municipality of Anchorage, Matanuska Susitna Borough, and the City
of Palmer, exceed the standards of the Kenai Peninsula Borough, as does the City of
Kenai.
The City prides itself in actively improving the overall standard of quality of the
roadways for which the City is responsible. Over the past five years the City has
improved and paved over three miles of gravel surfaced roads. Some of these newly
paved roads are to a lesser standard than two, twelve foot driving lanes because that is
what we had to work with. Oftentimes the scope of work for existing roadway
improvements is based on a balance between the cost residents are willing to pay
through an LID process and the real /perceived value of the improvements to the
property owners.
Just because a few newly paved residential roadways have been paved to a narrower
standard that shouldn't be confused with a narrower roadway width being acceptable in
a new subdivision.
Thank you for your attention in this matter. If you have any questions, please contact
me at your convenience.
attachments
Page 76 of 234
WINCE — CORTHELL — BRYSON
Consulting Engineers
Box 1041 Kenai, Alaska 99611
Phone 907 - 2834672 Fax 907 - 2834676
E-Mail cmadden(amcbalaska.com
TO: City Administration and Council
FROM: Casey Madden, P.E.
SUBJECT: PZ 13 -25, Kee's Tem Subdivision, Street design variance request
DATE: May 23, 2013
On behalf of Ed and Kathy Martin, owners of the subject property, I am submitting the following
request for a variance from the current requirements of KMC 14.10.080 and 18.10.030,
specifically a variance from the required 30 foot gravel street width to a lesser width of 26 feet.
RELEVENT CONDITIONS: Kee's Tem Subdivision is located across the Kenai Spur Road
from Thompson Park Subdivision and fronts on the north side of North Dogwood Road. The
parcel contains 35 acres and is proposed to be subdivided into 24 lots of 1.0 to 1.3 acres in size.
The lots will be served by three minor low volume streets serving 6 to 10 lots each with an
estimated maximum daily traffic volume of about 50. The Streets were cleared and excavated to
a sand subgrade years ago but never completed. A copy of the preliminary plat is attached as
Attachment One.
CITY CODE: Current code, for minor streets such as these, requires a minimum of a 30 foot
graded surface, topped with an approved 6 inch gravel surface course providing a finish
centerline grade within 12 inches of adjacent property and graded to drain with 24 inch deep
ditches. The City Manager provided the Martins a sketch of a typical street section that would
conform to the current code and is attached as Attachment Two.
DISCUSSION: More comprehensive design standards are available that provide dimensional
requirements based on variable traffic conditions. Being familiar with the various standards
applied by the Kenai Peninsula Borough for various categories of roads in Waal settings such as
this, the Martin's requested me to develop a recommendation for an appropriate street section
based on accepted Industry Standards we regularly use for street and highway design and
construction. My evaluation is not based on the roughly 15 % saved in construction but solely
by the merits of expected traffic conditions, street geometries and safety.
Based on my evaluation a 26 foot gravel surfaced road with a properly designed section depth
would provide a safe and maintainable travel way that could be upgraded to a paved surface of
adequate width in the future. My recommended section drawing is attached as Attachment
Three.
Philip W. Bryson PE (retired) Alan N. Corthell PE Frank W. Wince PE (Deceased))
Mark E. Blanning PE E. Casey Madden PE
MgRage 7�
ANALYSIS and JUSTIFICATION: As mentioned above the Kenai Peninsula Borough Title
14, Chapter 14.06, Road Construction Standards, provides standards based on the lot density
served by the road. In this case Kee's Tern Subdivision streets, serving 10 and less lots each,
would be classified as Category I streets requiring a total gravel width of 20 feet or, if paved, a
paved width of 20 feet with 2 foot shoulders. The street widths increase in 2 foot increments as
the lot density increases. The Borough standards go on to require stripping of organics within 4
feet of grade, specifications for sub base and base material and section depths as well as for
maximum horizontal and vertical alignments.
The American Association of State Highway and Transportation Officials ( AASHTO) provides
what is universally accepted as the industry standards for design of all public transportation
systems. AASHTO bases its design standards on designations such as, Local, Urban, Rural,
Collector, and Arterial as well as Average Daily Traffic counts (ADT), Design Speeds, and the
type of terrain in the area.
In this case Kee's Tern Subdivision streets would be designated Local Rural with a ADT range
of 50 -250 vehicles per day and would require, like the Borough, a paved travel way width of 20
feet with 2 foot shoulders. Section depth is not specified as it is site specific designed based on
several design methods involving soil mechanics and applied ADT and heavy truck loading.
AASHTO goes on to provide additional guidance for providing safe sight distance by limiting
horizontal and vertical alignments, clear zones, and the additional requirements that may be
needed for on street parking or larger vehicle use.
As both the Borough and AASHTO paved widths require a 24 foot finished surface, including
pavement and shoulders, constructing the street now, to gravel sub base grade would require a
width of 26 feet as shown on Attachment Three.
Over the past 35 years Wince Corthell Bryson has designed many of the City's Streets utilizing
the City and AASHTO standards. During the development of the design with the City the
designation of minor or major was established and if on street parking was going to require
additional width such as the 30 and 40 foot requirement accommodates.
Following is a table of some of the Kenai Streets we have designed over the past 35 years
showing their City ( AASHTO) designations and constructed sub base gravel width.
STREET
DESIGNATION
GRAVEL SUB BASE WIDTH
Candlelight Drive
Major (Collector)
30
Linwood Lane
Major (Collector)
30
Lawton Drive
Major (Collector)
30 -32
Spruce Street
Major (Collector)
32
Birch Street (paved)
Major (Collector)
32
Forest Drive (paved)
Major (Collector)
32
Kiana Street
Minor (Local)
24
Aurora Street Minor (Local)
Minor (Local)
24
Kaknu Street 25 Avenue
Minor (Local)
24
Thompson Park Streets
Both
22 -30
Philip W. Bryson PE (retired) Alan N. Corthell PE rank W. Wince PE (Deceased))
Mark E. Blanning PE EAHUNT E. Casey Madden PE
#0-6--1
I believe this analysis provides the justification and recommend the lesser width based on the
standards set by quantifiable design variables such as lot density and /or traffic volume as well as
the conditions that are provided by the existing City streets listed above.
We appreciate the Administrations assistance and the Councils consideration in this matter and
would also like to take the opportunity to encourage the City to consider developing
comprehensive design and construction standards that take into consideration quantifiable and
qualitative parameters.
Philip W. Bryson PE (retired) Alan N. Corthell PE Frank W. Wince PE (Deceased))
Mark E. Blanning PE EXHIBIT— E. Casey Madden PE
Paolo 3 a
Fila 79- 0=4
\a
's0 P+aPu97S
�9 a Vd
;34
Na p N
u C /,
.1 ilk, f1hill
Page
V�xl
ifil
Il'I'l
.a,T
p'
F
_
q
gge
y
i
e
�
q@g
F t
a � (�p
5
� 4
� � p
.
= o �.
■ppaY
T�aOX
p
\a
's0 P+aPu97S
�9 a Vd
;34
Na p N
u C /,
.1 ilk, f1hill
Page
V�xl
ifil
Il'I'l
.a,T
p'
EXHIBIT
Pegs s Of to
Page 81 of 234
ll
fill
I�
Page 82 of 234
WINCE
CLIENT:
t41ii
a "g[
AGE:
CORTHELL
PROJECT:
' '�°
OJ. NO.
BRYSON
1570U-f--I' < G•TtlAM
PREPARED
TE:��.L
��aa
Consulting Engineers
CHECKED
BTE:
1
a.
i
g
ttt
.N
_..
Bri
7A �fi4`l
ruT
Page 82 of 234
CROJEC
�A 1 �4`1H
CORT
CORTHELL
4BRYSON
PROJECT:
�
A T V
PAGE:
rZEi7' LT/0a1
PREPARED BY: (J �
PROJ. N0,
DATE:
Consulting Engineers
CHECKED BY:
DATE:
l
1
.M
i3'
`
it
S
T
,a
11 i
CITY OFKENAI
City Manager's Office
210 Fidalgo Ave. • Kenai, AK 99611
(907) 283-8222 • Fax (907) 283-3014
rkoch@ci.kenai.ak.us
CALCULATED BY DATE_
CHECKED BY . nATF
---:#
III
A
I
Pm
all
pl*af
�o
0
ts
--49
fA
tA
N)
.....
. . . . . . .
—Pat
2:�4'-:
CITY OFKENAI Joe_Hffp E u,05 Ski, 54t,�-
City Manager's Office SHEET NO_ r
210 Fidalgo Ave. -Kenai, AK 77011 OF��
CALCULATED BY
(907) 283-8222 -Fax (907) 283-3014 DATE-.
rkoch@ci.kenai.ak.us CHECKED BY ... DATE
�l
I f
o
J-1
j
OIL,
i
fq 5pf 34
u
'"Villa a with a Past Gi y with a Future ""
MEMO*
9
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 tln1
1992
TO: Kenai City Council
THRU: Rick Koch, City Manager
I
FROM: Nancy Carver, Acting City Planner
DATE: May 29, 2013
SUBJECT: PZ13 -25 — Kee's Tern Subdivision Plat Improvement Exceptions
At the May 22, 2013, Planning & Zoning Commission meeting the Commission
recommended exceptions to KMC 14.10.080 Minimum Improvements Required for
PZ13 -25 Kee's Tern Subdivision.
1. "Grant an exception to KMC 14.10.080(e) - Public Water System, and
2. "Grant an exception to KMC 14.10.080(f) — Sanitary Sewer Service.
These exceptions were discussed with the developer and supported by administration.
At the May 22, 2013 meeting, the developer verbally requested that an exception also
be allowed with regards to road standards. The developer requested the roads be
allowed to be built to Borough standards as opposed to City standards. The Planning
and Zoning Commission did not make a recommendation with regard to road standards
and instead requested the City Manager to work with the developer to come to an
agreement with the developer to make a recommendation to Council.
Attached is the supporting resolution passed by the Planning and Zoning Commission.
Page 86 of 234
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -25 (13 -01)
SUBDIVISION PLAT IMPROVEMENT EXCEPTIONS
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THE KENAI CITY COUNCIL APPROVE EXCEPTIONS TO
KMC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED, BY NOT REQUIRING THE
DEVELOPER TO PROVIDE A PUBLIC WATER SUPPLY AND SANITARY SEWER LINES
FOR THE ATTACHED SUBDIVISION PLAT AND AMENDING PZ13 -01 TO REQUIRE
THAT ROADS BE CONSTRUCTED TO THE MINIMUM STANDARDS REQUIRED BY
CITY CODE.
WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai
Planning and Zoning Commission on December 28, 2012, and were recommended for approval on
January 9, 2013, subject to certain conditions; and,
WHEREAS, further review requires the City of Kenai Planning and Zoning Commission to amend
the minimum road standards imposed; and,
WHEREAS, the City of Kenai Planning and Zoning Commission must recommend to the City
Council the waiver of water and sewer requirements for Council approval.
1. It is recommended that the Kenai City Council approve the following exceptions to the
minimum improvements required for Kee's Tern Subdivision pursuant to KMC
14.10.090 Variations and Exceptions:
a. Public water system required pursuant to KMC. 14.10.080(e) not be required based on
the following findings:
i. Lot sizes are over 40,000 sq. feet, which are adequate to support on -site water.
ii. City fire protection is available.
iii. On -site water is consistent with surrounding neighborhood.
b. Sanitary sewer lines required pursuant to KMC. 14.10.080(f) not be required based on
the following findings:
i. Lot sizes are over 40,000 sq. feet, which are adequate to support on -site sewer.
ii. Cost prohibitive to boring under the Kenai Spur Highway.
iii. Soils are adequate to support on -site waste water.
2. Resolution PZ13 -01 is amended by repealing the requirement that the developer build
paved roads and instead require all streets in the subdivision be built to the minimum
standards required by City Code.
3. If water and sewer are extended to the first entrance to the subdivision prior to the full
development of the subdivision and installation of other utilities, water and sewer will be
extended to serve the subdivision.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, MAY 22, 2013.
Page 87 of 234
Res. PZ13 -25 (Amending PZ13 -01)
Page 2
ATTEST:
Grant an exeeption te KA4C 14.10.980(e), Publie Water System and YJAG 14.1o.089(t)
1. An Installation Agreement will be required: The City will work with the
property owner to develop the Installation Agreement after preliminary plat
approval. Improvements may include but not be limited to the following:
a. Stfeets and drainage plans ffmst be designed and eenstmeted 4a
(a.) Design must be stamped by an engineer licensed in the State of Alaska.
(b) Prior to construction, plans must be submitted to the City of Kenai for
review and acceptance.
b. Streets will f i 24 feet paved suffaee, with -2 feet
c. Signage including but not limited to stop signs, speed limit signs and street
signs.
d. Back slopes must be top soiled and seeded.
e. After construction, the engineer must submit signed documentation that
the road was built to the standards approved in the submitted plans.
f As -built drawings must be submitted to the City in both paper and digital
format (Adobe & AutoCAD).
2. Surveyor and property owner must work with the City of Kenai and the Kenai
Peninsula Borough when designating street names to ensure names meet City
and Borough regulations.
Page 88 of 234
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -01
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVL ^D
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached platKEE'S TERN SUBDIVISION was referred to the City of Kenai
Planting and Zoning Commission onDecember 28, 2012, and received from Segesser Surveys
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions.
2. Water and sewer: Not available
3. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to theCity of Kenai for the referenced
property.
4. Installation agreement or construction of improvementsIlS required.
5. Status of surrounding land is shown.
G. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create
nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
a. See Page 2.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVEKEE'S TERN SUBDIVISION SUBJECT
TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, JANUARY 9, 2013.
ATTEST;.
41
Page 89 of 234
PZ13 -01 Resolution
Page 2
1. Grant an exception to KMC 14.10.080(e) (Public Water System) and (f)
(Sanitary Sewer Service).
2. Installation agreement will be required: The City will work with the property
owner to develop the Installation Agreement after preliminary plat approval.
Improvements may include but not be limited to the following:
a. Streets and drainage plans must be designed and constructed to
Municipality of Anchorage Standard Specifications (2009 MASS)
b. Design must be stamped by an engineer licensed in the State of Alaska.
c. Prior to construction, plans must be submitted to the City of Kenai for
review and acceptance.
d. Streets will require a minimum 24 -foot paved surface, with 2 -foot
shoulders and approved excavation and backfill.
e. Signage including but not limited to stop signs, speed limit signs and street
signs.
f Back slopes must be top soiled and seeded.
g. After construction, the engineer must submit signed documentation that
the road was built to the standards approved in the submitted plans.
h. As -built drawings must be submitted to the City in both paper and digital
format (Adobe & AutoCAD).
3. Surveyor and property owner must work with the City of Kenai and the Kenai
Peninsula Borough when designating street names to ensure names meet City
and Borough regulations.
42
Page 90 of 234
Nancy Carver 5�
From: Nancy Carver
i,ent: Wednesday, May 22, 2013 3:08 PM
To: 'Kathleen, Ed Jr. & Ed III'
Subject: RE: letter to you, City of Kenai
I will make sure copies are available to the Commission tonight, and to the Clerk for Council.
�MUwisK°
v
Nancy J. Carver
Acting City Planner
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907 - 283 -8237
From: Kathleen, Ed Jr. & Ed III f mailto •keeconstructionllc(a�yahoo cam]
Sent: Wednesday, May 22, 2013 2:27 PM
To: Nancy Carver
Subject: letter to you, City of Kenai
Dear Nancy,
I have attached a letter about our desire to build the roads in KEE's Tern Subdivision up to Kenai Peninsula
Borough Codes. Please see that it is passed onto all appropriate City of Kenai Staff, Commissions, Councils, etc.
i hope it can be accomplished at/during the Installment Agreement phase.
.'hank you. Sincerely,
Kathleen Martin, Owner
(907)595 -1632 or (907)252 -8163
KEE Construction, LLC
1
Page 91 of 234
Kathleen Martin
PO Box 521
Cooper Landing, AK 99572
Ph & Fax (907)595 -1632
May 22, 2013
Dear Nancy & all appropriate City of Kenai Staff,
Rick Koch, City Manager, conferred with the City Attorney and provided us with the
following City Code provisions that address road construction standards:
KMC 14.10.070 Subdivision Design Standards;
KMC 14.10.080 Minimum Improvements required;
KMC 14.20.320 Definitions;
KMC 18.10.020 Street Building Permits;
KMC 18.10.030 Street Improvements;
KMC 18.10.040 Street Drainage;
KMC 18.10.050 Curb Cuts and Driveways; and
there are also provisions in KMC 18.20 Excavations in City Streets by Contractors or Utility Companies,
that apply to excavation.
I went to the City of Kenai's website & printed them off so that we could use them as a
guideline as we go through this process of getting our plat approved by the City and go through
the construction phases of our development. I have done some comparison research and have
found that these codes are quite old and in need of upgrading to bring them up to industry
standards.
This is probably why it was originally suggested/recommended we construct roads to
Municipality of Anchorage Standard Specifications (MASS 2009). We objected to this because
MASS 2009 was never formally adopted by the City of Kenai, and has codes specific to
Municipality of Anchorage communities. The Municipality of Anchorage has a higher density
of people/traffic, water, sewer, electricity and natural gas utilities are more readily available, and
a higher rate of existing roads are paved that might be used to access a new development within
their municipality. In short, they don't reflect communities or conditions in our Borough.
Please notice item No. 4 under "Notes" on our preliminary plat for KEE's Tern
Subdivision. It states that:
Page 92 of 234
1) Baste of big taken from Va"Ita Heights Subdivision Pat Z Plot KIM
Kenai Recording District.
2) Building Setbook —A setback of 20 feet Is required from all street
Rights — of —Way unless o Isaaar standard Is approval by resolution
by the appropriate Planning Commission.
3) Mt waste disposal systems shall comply with existing laws at the
time of construction.
4) Roods must meet the design and cmetnution standards established
by the Borough In order to be coneldered for cartt8cation and
inclusion In the Borough rood makrtenom m progrpn.
5) Front 10 fat of the 20 foot building setback and the antYS setback
"Mtn S feet of the side lot Imes is a utility eossmsnt No pwmmmt
structure shall be constructed or Placed within a WAR r easement
which would interfere with the obtlity, of a utility t0 use the
easement.
() WASTMX&JIMEMIAL Sall emrdftimls, water table levats, end sal
siopse In this subdivision have Wan found suitable for conventional
onsite wastewater treatment and disposal systems servhg algla —fomly
or duplex residence end mating the nquletory requirements of the
Kemal Penlnwla Borough. Any other tips et moats wasUwater treatment
and disposal systsm must be dsatgrsd by a Professional sngins w.
r"Wered to practice In Ale" and the design must W approved by the
Alaska Department of En*wvnentd Conservation,
As the plat states, it has been our intention all along, and we still desire to, build the roads in
KEE's Tern Subdivision up to Kenai Peninsula Borough Standards as their applicable codes are more in
line with current industry standards (American Association of State Highway and Transportation Officials
(AASHTO) design manual entitled "A Policy on Geometric Design of Highways and Street „).
I am therefore notifying the City of Kenai that we intend to ask to build the roads in KEE's Tem
Subdivision to Kenai Peninsula Borough Standards. I believe this can be accomplished during the
"Installment Agreement ” phase between us & the City. I do not believe I have to actually request a
waiver from the City Planning and Zoning Commission; they can only `recommend" a waiver correct?
I realize that the City of Kenai has not adopted Kenai Peninsula Borough Codes. I am
suggesting that the City of Kenai and Kathleen Martin, property owner of record on the preliminary plat
for KEE's Tern Subdivision, can come to an agreement that the roads in KEE's Tem Subdivision will be
built to meet Kenai Peninsula Borough Codes. We can meet to review said codes, and agree to what will
be required of us. I'm sure the City Attorney can provide both parties appropriate terminology for the
Installment Agreement.
I feel this is the best solution to update road standards at this time. Kenai Peninsula Borough
Codes have been designed to regulate areas within its confines, and when necessary to mention conditio
specific to certain communities it does so. ns
I thank you for your time and careful consideration in this matter.
Sincerely,
Kathleen A. Martin, Property Owner
(907)595 -1632 or(907)252 -8163
Page 93 of 234
M
llillaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 hsA"
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll�l
1997
MEMO:
TO: Planning & Zoning Commission
FROM: Rick Koch, City Manager
DATE: May 17, 2013
SUBJECT: PZ13 -25, Kee's Tern Subdivision
The purpose of this correspondence is to address variations and exceptions to the
standards contained in KMC 14.10 Subdivision Regulations as they may apply to the
above referenced subdivision.
It is my understanding the developer /petitioner is requesting that the requirements for
the installation of an approved public water supply in subdivisions of ten(10) or more
lots per KMC 14.10.080(e), and the installation of sanitary sewer lines to serve each lot
when sanitary sewers are available for connection by the subdivider per KMC
14.10.080(f), be waived, varied, or modified by the City Council after a report by the
Planning & Zoning Commission (P & Z). Further, it is my understanding that the
developer is not requesting a waiver, variance, or modification from any other
requirements contained in the Kenai Municipal Code.
Request #1, To eliminate the requirement for a public water supply
Relevant Conditions: An existing water transmission main, available for connection by
the developer is located approximately 250 lineal feet from the subdivision. The
subdivision is comprised of lots in excess of 40,000 square feet in size, and meets the
Alaska Department of Environmental Conservation (ADEC) minimum lot size
requirements for on -site water and sewer systems.
Analysis: As stated above the proposed subdivision does not require a public water
supply to meet ADEC regulations. I considered the following criteria:
Fire protection. While fire protection of any homes /structures would be
enhanced by a public water supply which included fire hydrants, the existing
Page 94 of 234
homes /structures in near proximity to the proposed subdivision are not served
by public water systems and receive fire protection from the Kenai Fire
Department through the use of tanker trucks.
2. Will there be future development(s) in the proximity of the proposed
subdivision that will need to be connected to an extension of the public water
system? Probably not, there is very little developable property to the west, the
proposed subdivision is bounded by the Beaver Creek Drainage to the north,
and much of the property to the south has already been developed as single
family residences having on -site water and sewer systems.
Recommendation: Administration recommends that P & Z's report to Council include a
recommendation that the code requirement for a public water supply be waived.
Request #2, To eliminate the requirement for installation of sanitary sewer lines
to serve each lot and to connect to a sanitary sewer collector if located within
1,500 feet of the subdivider's nearest lot line.
Relevant Conditions: A sanitary sewer collector is located approximately 400 lineal feet
from the subdivision. The sewer collector is located on the opposite side of the Kenai
Spur Highway. The cost of boring under the Kenai Spur Highway is estimated to be at
least $50,000 and could be greater given the depth of bury.
Analysis: Given the lot sizes the proposed subdivision does not require connection to a
public sanitary sewer system to meet ADEC regulations. I considered the following
criteria:
1. The cost of connecting to the City's sanitary sewer on the opposite side of the
Kenai Spur Highway. The cost for the connection and a system to serve this
large -lot subdivision is prohibitive and may well result in the development
being financially unfeasible.
2. Soils conditions being conducive to on -site sewer systems. There is no
reason to assume the soil conditions will not support on -site systems. There
are many on -site systems in operation in the immediate vicinity.
3. Health issues. There are no known health issues, such as contamination of
existing wells and /or groundwater.
Recommendation: Administration recommends that P & Z's report to Council
recommends that the code requirement for a sanitary sewer connection be waived.
Subdivision Road Standards
While not requested by the developer, the Administration requests that P & Z include an
Page 95 of 234
acceptable alternative roadway design in its report to the City Council requesting that a
variance be approved by Council if the developer wants to construct the alternative
design rather than what is required in KMC 14.10.080(c) and KMC 18.10.030.
Attached as Exhibit "A" is a sketch of the roadway standard required in municipal code
(sheet 1) and a proposed alternative standard (sheet 2).
The developer will not be required to construct to the alternative standard, rather it is
simply for consideration by the developer.
Thank you for your attention in this matter.
attachment
Page 96 of 234
CITY OF KENAI
City Manager's Office
210 Fidalgo Ave. • Kenai, AK 99611
(907) 283-8222 • Fax (907) 283-3014
rkoch@ci.kenai.ak.us
WAw"WORMOT, 11 -
CALCULATED BY DATE_
CHECKED BY
SCALE -
T�
Ic
. . . . . . . . . . .
An
-AF
+-
__j ......
-L
Of
_77.
T-
14
CITY OF KENAI i b f&uej S�bfj, S+rdf�-.
City Manager's Office SHEET NO OF�
210 FidalgoAve. -Kenai, AK 99611 CALCULATED 6Y DATE_�
(907) 283-8222 • Fax (907) 283-3014
rkoch@ci.kenai.ak.us CHECKED BY DATE
SCALE
op
t
-J
I
F4
41
17Qj
7m
t
_q
_j
41
J_
!_j
j
E*
1
� �� i
Z
�
__
I
1 i
I
gel
/ I -
98 ! �f
2' -34
I
J,
I
5G
V 114ye wA a Past, Ci� wdh a Future "
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 t'
1997
MEMO:
TO: Planning & Zoning Commission
FROM: Nancy Carver, Acting City Planner
DATE: May 15, 2013
SUBJECT: PZ13 -25 — Kee's Tern Subdivision Plat Improvement Exceptions
At the May 8, 2013, Commission meeting the Commission directed Administration to
bring a resolution to the May 22, 2013 Commission meeting requesting exceptions to
PZ13 -01 Kee's Tern Subdivision.
• January 9, 2013, the City of Kenai Planning & Zoning Commission recommended
approval of PZ13 -01 with staff's recommendations.
• February 11, 2013, Kenai Peninsula Borough Planning Commission approved
the plat with the City's recommendations.
The property owner is requesting the Planning Commission grant exceptions to three
(3) of the recommendations that were approved under PZ13 -01 (see attached PZ13 -01
Resolution):
1. "Grant an exception to KMC 14.10.080(e) (Public Water System) and (f)
(Sanitary Sewer Service)." The Planning Commission cannot grant this
exception, but they can make a recommendation to the Kenai City Council
to waive the requirement.
2. "a. Streets and drainage plans must be designed and constructed to Municipality
of Anchorage Standard Specifications (2009 MASS)." The City of Kenai has
not formally adopted this section of code into our municipal code,
therefore it cannot require it.
if. Streets will require a minimum 24 -foot paved surface, with 2 -foot shoulders
and approved excavation and backfill." This requirement is not in our code.
Roads must be built in compliance with Kenai Municipal Code 14.10.080(c).
It is recommended the Commission make findings to the waiver of the utility exceptions.
The Commission can amend the requirement that the streets must be built to the
requirements of KMC 14.10.080(c). Unless the Commission makes additional
exceptions, the remaining requirements must still be met.
38
Page 99 of 234
WINCE — CORTHELL — BRYSON
Consulting Engineers
Box 1041 Kenai, Alaska 99611
Phone 907 - 283 -4672 Fax 907 - 2834676
E -Mail cmaddenawcbalaska.com
TO: City Administration and Council
FROM: Casey Madden, P.E.
SUBJECT: PZ 13 -25, Kee's Tern Subdivision, Street design variance request
DATE: May 23, 2013
On behalf of Ed and Kathy Martin, owners of the subject property, I am submitting the following
request for a variance from the current requirements of KMC 14.10.080 and 18.10.030,
specifically a variance from the required 30 foot gravel street width to a lesser width of 26 feet.
RELEVENT CONDITIONS: Kee's Tern Subdivision is located across the Kenai Spur Road
from Thompson Park Subdivision and fronts on the north side of North Dogwood Road. The
parcel contains 35 acres and is proposed to be subdivided into 24 lots of 1.0 to 1.3 acres in size.
The lots will be served by three minor low volume streets serving 6 to 10 lots each with an
estimated maximum daily traffic volume of about 50. The Streets were cleared and excavated to
a sand subgrade years ago but never completed. A copy of the preliminary plat is attached as
Attachment One.
CITY CODE: Current code, for minor streets such as these, requires a minimum of a 30 foot
graded surface, topped with an approved 6 inch gravel surface course providing a finish
centerline grade within 12 inches of adjacent property and graded to drain with 24 inch deep
ditches. The City Manager provided the Martins a sketch of a typical street section that would
conform to the current code and is attached as Attachment Two.
DISCUSSION: More comprehensive design standards are available that provide dimensional
requirements based on variable traffic conditions. Being familiar with the various standards
applied by the Kenai Peninsula Borough for various categories of roads in rural settings such as
this, the Martin's requested me to develop a recommendation for an appropriate street section
based on accepted Industry Standards we regularly use for street and highway design and
construction. My evaluation is not based on the roughly 15 % saved in construction but solely
by the merits of expected traffic conditions, street geometries and safety.
Based on my evaluation a 26 foot gravel surfaced road with a properly designed section depth
would provide a safe and maintainable travel way that could be upgraded to a paved surface of
adequate width in the future. My recommended section drawing is attached as Attachment
Three.
Philip W. Bryson PE (retired) Alan N. Con hell PE Frank W. Wince PE (Deceased))
Mark E. Blanning PE E. Casey Madden PE
Page 100 of 234
ANALYSIS and JUSTIFICATION: As mentioned above the Kenai Peninsula Borough Title
14, Chapter 14.06, Road Construction Standards, provides standards based on the lot density
served by the road. In this case Kee's Tem Subdivision streets, serving 10 and less lots each,
would be classified as Category I streets requiring a total gravel width of 20 feet or, if paved, a
paved width of 20 feet with 2 foot shoulders. The street widths increase in 2 foot increments as
the lot density increases. The Borough standards go on to require stripping of organics within 4
feet of grade, specifications for sub base and base material and section depths as well as for
maximum horizontal and vertical alignments.
The American Association of State Highway and Transportation Officials ( AASHTO) provides
what is universally accepted as the industry standards for design of all public transportation
systems. AASHTO bases its design standards on designations such as. Local, Urban, Rural,
Collector, and Arterial as well as Average Daily Traffic counts (ADT), Design Speeds, and the
type of terrain in the area.
In this case Kee's Tern Subdivision streets would be designated Local Rural with a ADT range
of 50 -250 vehicles per day and would require, like the Borough, a paved travel way width of 20
feet with 2 foot shoulders. Section depth is not specified as it is site specific designed based on
several design methods involving soil mechanics and applied ADT and heavy truck loading.
AASHTO goes on to provide additional guidance for providing safe sight distance by limiting
horizontal and vertical alignments, clear zones, and the additional requirements that may be
needed for on street parking or larger vehicle use.
As both the Borough and AASHTO paved widths require a 24 foot finished surface, including
pavement and shoulders, constructing the street now, to gravel sub base grade would require a
width of 26 feet as shown on Attachment Three.
Over the past 35 years Wince Corthell Bryson has designed many of the City's Streets utilizing
the City and AASHTO standards. During the development of the design with the City the
designation of minor or major was established and if on street parking was going to require
additional width such as the 30 and 40 foot requirement accommodates.
Following is a table of some of the Kenai Streets we have designed over the past 35 years
showing their City ( AASHTO) designations and constructed sub base gravel width.
STREET
Candlelight Drive
Linwood Lane
Lawton Drive
Spruce Street
Birch Street (paved)
Forest Drive (paved)
Kiana Street
Aurora Street Minor (Local)
Kaknu Street 25 Avenue
Thompson Park Streets
Philip W. Bryson PE (retired)
Mark E. Blanning PE
DESIGNATION
Major (Collector)
Major (Collector)
Major (Collector)
Major (Collector)
Major (Collector)
Major (Collector)
Minor (Local)
Minor (Local)
Minor (Local)
Both
Alan N. Corthell PE
Page 101 of 234
GRAVEL SUB BASE WIDTH
30
30
30 -32
32
32
32
24
24
24
22 -30
Frank W. Wince PE (Deceased))
E. Casey Madden PE
I believe this analysis provides the justification and recommend the lesser width based on the
standards set by quantifiable design variables such as lot density and /or traffic volume as well as
the conditions that are provided by the existing City streets listed above.
We appreciate the Administrations assistance and the Councils consideration in this matter and
would also like to take the opportunity to encourage the City to consider developing
comprehensive design and construction standards that take into consideration quantifiable and
qualitative parameters.
Philip W. Bryson PE (retired) Man N. Corthell PE Frank W. Wince PE (Deceased))
Mark E. Blanning PE E. Casey Madden PE
Page 102 of 234
(x�R
r
r$1 d
x
z�if
tl
1p wna�os
si
fr
-
T--T
-
Ftj
1ibrY .
Sr r
r
1 /
I /
to
F
n
\�
\\ 9 m I I
y� •sp sd}ii}Yd
' d -
3rn\
.44� • /'o Y
o \ ;
NY i y
N
x
Y �
C
p n o
#fj_
t
if
sh
? IRif
5j
A 9- %flCYw��
AS I i D,v
1p wna�os
-
T--T
-
N
x
Y �
C
p n o
#fj_
t
if
sh
? IRif
5j
A 9- %flCYw��
AS I i D,v
F_ .. .
0
kgk
i
4
?_
i�
Page 104 of 234��
WINC
CORTE HELL
BRYSON
Consulting Engineers
CLIENT:
PROJECT:
PREPARED BY:
CHECKED BY:
PAGE:
PROJ. NO.
DATE: <.,
DATE:
l
1.
..
;..
�:
Q
a
'
a
vs
N
S O
}
r
r1�
Page 105 Ot 234
WINCE
CLIENT:
W TH r1
PAGE:
CORTHELL
PROJECT:
�'� I (
PROJ. N0.
MRW HRYSON
oel f e . tT Oal
PREPARED BY: <j
DATE-�
5 • L
-1 �
Consulting Engineers
CHECKED
BY:
DATE:
r
—41
i mod:
.
:
.� '4 •t
T
}
J
PQ
N -
�,
I I
i
f.
r
7W
Akna�
p
Suggested by: Administration
\\ the // CITY OF KENAI
NENA SNA
RESOLUTION NO. 2013 -37
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A
CONTRACT FOR THE CONSTRUCTION OF MEEKS TRAIL REPAIR TO PENINSULA
CONSTRUCTION INC. FOR AN ESTIMATED TOTAL COST OF $67,380.
WHEREAS, the following bids were received on May 23, 2013;
BIDDER
BASE BID TOTAL
Peninsula Construction Inc.
$67,380
Endries Company
$82,025
and,
WHEREAS, PENINSULA CONSTRUCTION INC.'s bid is the lowest responsible bid and
award to this bidder would be in the best interest of the City; and,
WHEREAS, the recommendation from City Administration is to award the contract to
PENINSULA CONSTRUCTION INC. for the total approximate cost of $67,380; and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the contract for the project entitled "Meeks Trail Repair" be awarded to
PENINSULA CONSTRUCTION, INC. for the amount of $67,380.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5TH day of June,
2013.
ATTEST:
Sandra Modigh, City Clerk, -
Approved by Finance: �i
PAT PORTER, MAYOR
Page 107 of 234
/ IlVillaye with a Past, C# with a Future
— 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tlll�t
1992
KE ttiLALA KA MEMORANDUM
KENAAA� SKA
(� TO: Rick Koch, City Manager
U FROM: Sean Wedemeyer, Public Works Director 5MLil
DATE: May 29, 2013
SUBJECT: Resolution 2013 -37 Award of Contract for Meeks Trail Repair
Rick,
Please find attached Resolution 2013 -37 awarding the construction of Meeks Trail
Repair to Peninsula Construction Inc. for the estimated total amount of $67,380.
The project consists of installing new culverts, catch basin, and drain rock, and repairing
the sections of trail that were washed out by flooding.
Page 108 of 234
KENAI CITY COUNCIL — REGULAR MEETING
MAY 15, 2013 — 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR PAT PORTER, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on May 15, 2013, 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
Mike Boyle
Tim Navarre
Brian Gabriel
comprising a quorum of the Council.
Also in attendance were:
Rick Koch, City Manager
Sandra Modigh, City Clerk
Scott Bloom, City Attorney (telephonic)
Corene Hall, Deputy City Clerk
"Austin Daly, Student Representative
3. Agenda Approval
Ryan Marquis, Vice Mayor
Robert Molloy
Terry Bookey
Mayor Porter requested the following changes and additions:
Amendment — D -23 Resolution No. 2013 -35
• Amend order of business to address Resolution No. 2013 -35 as
D -18 prior to Resolution No. 2013 -30
Additions to Packet — D -1 Ordinance No. 2689 -2013
• Memorandum from Council Member Molloy
D -15 Resolution No. 2013 -27
• Memorandum from Council Member Molloy
Page 109 of 234
MOTION TO AMEND:
Council Member Navarre MOVED to amend the agenda by placing all resolutions on the
consent agenda except for Resolution No. 2013 -27. Vice Mayor Marquis SECONDED
the motion.
VOTE:
YEA: Porter, Bookey, Boyle, Gabriel, Molloy, Marquis, Navarre
NAY:
* *Student Representative Daly: YEA
AMENDMENT PASSED UNANIMOUSLY.
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.
4. Consent Agenda
MOTION:
Council Member Bookey MOVED to approve the consent agenda 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
Ken Tarbox, 33270 Community College Drive, Soldotna — Mr. Tarbox thanked the
Mayor, Council and Administration for the bird viewing platform sign, and invited all to
attend the Birding Festival on May 16 — 19, 2013.
Joe Harris, 520 Pine — Mr. Harris thanked the Public Works and Parks and Recreation
Departments for their help with the Kenai Historical Society's work on the boat shed at
the Visitors Center.
City of Kenai Council Meeting Minutes Page 2 of 16
May 15, 2013
Page 110 of 234
Randy Daly, 108 Deepwood Court — Mr. Daly thanked the Council for the positive
experience his daughter had during her tenure as Student Representative on the
Council.
Ed Martin, Milepost 49.5, Cooper Landing — Mr. Martin reported the Council would be
seeing a new subdivision, Kee's Tern, off North Dogwood with 24 one acre lots soon.
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2689 -2013 — Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2013 and Ending June 30, 2014.
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 2689 -2013 Adopting the Annual
Budget for the Fiscal Year Commencing July 1, 2013 and Ending June 30, 2014 and
Council Member Bookey SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
MOTION TO AMEND:
Council Member Molloy MOVED to amend Ordinance No. 2689 -2013 to set the single
employee monthly premium to 0 percent instead of 8.5 percent. Council Member Boyle
SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Boyle, Molloy
NAY: Porter, Bookey, Gabriel, Marquis, Navarre
"Student Representative Daly: NAY
AMENDMENT FAILED.
MOTION TO AMEND:
Vice Mayor Marquis MOVED to amend Ordinance No. 2689 -2013 by removing $2135
from the Clerk's travel budget and Council Member Bookey SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
AMENDMENT PASSED UNANIMOUSLY.
-ity of Kenai Council Meeting Minutes Page 3 of 16
May 15, 2013
Page 111 of 234
VOTE ON MAIN MOTION AS AMENDED:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
* *Student Representative Daly: YEA
PASSED UNANIMOUSLY.
2. Ordinance No. 2690 -2013 — Amending the Kenai Municipal Code, Chapter
23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2014 Operating Budget Pay
Schedules.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2690 -2013 Amending the
Kenai Municipal Code, Chapter 23.55 Entitled 'Pay Plan" to Include, the Fiscal Year
2014 Operating Budget Pay Schedules. Vice Mayor Marquis SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
VOTE:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
* *Student Representative Daly: YEA
PASSED UNANIMOUSLY.
3. Ordinance No. 2691 -2013 — Amending the Kenai Municipal Code 23.55.030
Entitled "Qualification Pay" to Provide a One Pay Range Increase for Qualified
Driver /Operators in the Fire Department and Incorporate Changes Adopted in the
FY2014 Operating Budget.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2691 -2013 Amending the
Kenai Municipal Code 23.55.030 Entitled "Qualification Pay" to Provide a One Pay
Range Increase for Qualified Driver /Operators in the Fire Department and Incorporate
Changes Adopted in the FY2014 Operating Budget. Vice Mayor Marquis SECONDED
the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
VOTE:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
* *Student Representative Daly: YEA
City of Kenai Council Meeting Minutes Page 4 of 16
May 15, 2013
Page 112 of 234
PASSED UNANIMOUSLY.
4. Ordinance No. 2692 -2013 — Amending the Kenai Municipal Code Section
23.40.120, Medical and Hospital Insurance to Specify that Employees Shall Pay
a Percentage of Medical and Hospital Insurance Plan Costs Recommended by
the City Manager and Approved by the City Council.
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 2692 -2013 Amending the Kenai
Municipal Code Section 23.40.120, Medical and Hospital Insurance to Specify that
Employees Shall Pay a Percentage of Medical and Hospital Insurance Plan Costs
Recommended by the City Manager and Approved by the City Council. Council Member
Navarre SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
MOTION TO AMEND:
Council Member Molloy MOVED to amend Ordinance No. 2692 -2013 by striking
"recommended by the City Manager" in section 23.40.120 and inserting "after
consideration of the City Manager" after `otherwise necessary." Council Member Boyle
SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY: Boyle
"Student Representative Daly: YEA
PASSED.
5. Ordinance No. 2693 -2013 — Amending the Kenai Municipal Code Sections
23.25.050, Pay Day, 23.25.060, Overtime, and 23.40.030, Annual Leave, to
Provide for a Bi- Weekly Pay Period Instead of a Monthly Pay Period.
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 2693 -2013 Amending the Kenai
Municipal Code Sections 23.25.050, Pay Day, 23.25.060, Overtime, and 23.40.030,
Annual Leave, to Provide for a Bi- Weekly Pay Period Instead of a Monthly Pay Period.
Council Member Molloy SECONDED the motion.
.;ity of Kenai Council Meeting Minutes Page 5 of 16
May 15, 2013
Page 113 of 234
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
VOTE:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly:
PASSED UNANIMOUSLY.
Ordinance No. 2694 -2013
23.25.065, Shift Differential
Each Qualifying Shift Worked
MOTION:
YEA
— Amending the Kenai Municipal Code Section
Pay, to Pay Employees Shift Differential Pay for
Vice Mayor Marquis MOVED to enact Ordinance No. 2694 -2013 Amending the Kenai
Municipal Code Section 23.25.065, Shift Differential Pay, to Pay Employees Shift
Differential Pay for Each Qualifying Shift Worked. Council Member Gabriel SECONDED
the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
VOTE:
Council Members voting YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
Council Members voting NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
Ordinance No. 2695 -2013 — Amending Kenai Municipal Code Chapters: One
(1), Agencies, Officers, and Employees; Ten (10), General and Miscellaneous
Provisions; and Twenty Three (23), Personnel Regulations, to Clarify that
Employees of the City that Are Not Exempted from the Overtime and Minimum
Wage Provisions of the Fair Labor Standards Act Are Paid on an Hourly Basis
and Not a Salary Basis.
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 2695 -2013 Amending Kenai
Municipal Code Chapters: One (1), Agencies, Officers, and Employees; Ten (10),
General and Miscellaneous Provisions; and Twenty Three (23), Personnel Regulations,
to Clarify that Employees of the City that Are Not Exempted from the Overtime and
Minimum Wage Provisions of the Fair Labor Standards Act Are Paid on an Hourly Basis
and Not a Salary Basis. Council Member Molloy SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
City of Kenai Council Meeting Minutes Page 6 of 16
May 15, 2013
Page 114 of 234
VOTE:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
8. Ordinance No. 2696 -2013 — Amending Kenai Municipal Code Sections
23.25.060, Overtime, and 23.30.050, Business Hours and Hours of Work, to
Accommodate a New Work Schedule for Employees Performing Fire Protection
Activities and Minimizing the Financial Impact of the Change to the City by
Reducing the Overtime Rate for Fire Protection Employees.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2696 -2013 Amending Kenai
Municipal Code Sections 23.25.060, Overtime, and 23.30.050, Business Hours and
Hours of Work, to Accommodate a New Work Schedule for Employees Performing Fire
Protection Activities and Minimizing the Financial Impact of the Change to the City by
Reducing the Overtime Rate for Fire Protection Employees. Council Member Molloy
SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
Council Member Molloy thanked the fire department for their work and support of this
ordinance.
VOTE:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
9. Ordinance No. 2697 -2013 — Amending Kenai Municipal Code Section
23.25.070, Acting Positions, to Provide for Consistent Application to Employees
with Different Work Schedules.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2697 -2013 Amending Kenai
Municipal Code Section 23.25.070, Acting Positions, to Provide for Consistent
Application to Employees with Different Work Schedules. Vice Mayor Marquis
SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
Jty of Kenai Council Meeting Minutes Page 7 of 16
May 15, 2013
Page 115 of 234
VOTE:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
` *Student Representative Daly: YEA
PASSED UNANIMOUSLY.
10. Ordinance No. 2698 -2013 — Increasing General Fund Estimated Revenues and
Appropriations by $83,721 for Costs in Excess of Budgeted Amounts.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2698 -2013 Increasing General
Fund Estimated Revenues and Appropriations by $83,721 for Costs in Excess of
Budgeted Amounts and Vice Mayor Marquis SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
VOTE:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
11. Ordinance No. 2699 -2013 — Increasing Airport Fund Estimated Revenues and
Appropriations by $29,486 for Costs in Excess of Budgeted Amounts.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2699 -2013 Increasing Airport
Fund Estimated Revenues and Appropriations by $29,486 for Costs in Excess of
Budgeted Amounts and Vice Mayor Marquis SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
VOTE:
Council Members voting YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
Council Members voting NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
12. Ordinance No. 2700 -2013 — Increasing Water & Sewer Fund Estimated
Revenues and Appropriations by $21,255 for Costs in Excess of Budgeted
Amounts.
City of Kenai Council Meeting Minutes Page 8 of 16
May 15, 2013
Page 116 of 234
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 2700 -2013 Increasing Water &
Sewer Fund Estimated Revenues and Appropriations by $21,255 for Costs in Excess of
Budgeted Amounts and Council Member Bookey SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
VOTE:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
13. Ordinance No. 2701 -2013 — Amending the Kenai Municipal Code Section
1.15.130, Telephonic Participation, to Remove the Requirement that a Request
for Telephonic Participation by a Council Member for a Council Meeting be Made
in Writing and Reducing the Requirement of Advance Notice to at Least Three
Hours Prior to the Start of the Meeting.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2701 -2013 Amending the
Kenai Municipal Code Section 1.15.130, Telephonic Participation, to Remove the
Requirement that a Request for Telephonic Participation by a Council Member for a
Council Meeting be Made in Writing and Reducing the Requirement of Advance Notice
to at Least Three Hours Prior to the Start of the Meeting and Council Member Bookey
SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
Council Member Gabriel gave a brief history of the reasons for the ordinance
MOTION TO AMEND:
Council Member Molloy MOVED to amend Ordinance No. 2701 -2013 by striking "but not
less than three hours prior to the start of the meeting" and inserting "in writing as soon as
reasonably practical but no later than noon on the date of the meeting." Vice Mayor
Marquis SECONDED the motion.
BREAK: 8:05 p.m.
BACK TO ORDER: 8:11 p.m.
MOTION TO AMEND THE AMENDMENT:
Jity of Kenai Council Meeting Minutes Page 9 of 16
May 15, 2013
Page 117 of 234
Council Member Molloy MOVED to amend the amendment by striking "noon on the date
of the meeting" and inserting "six hours prior to the start of the meeting." Vice Mayor
Marquis SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Bookey, Boyle, Marquis, Molloy
NAY: Porter, Gabriel, Navarre
"Student Representative Daly: YEA
ANENDMENT PASSED.
MOTION TO AMEND:
Council Member Bookey MOVED to amend Ordinance No 2701 -2013 by striking "two" in
section 1.15.130(n) and inserting "four." Council Member Molloy SECONDED the
motion.
VOTE ON AMENDMENT:
YEA: Bookey, Boyle, Gabriel, Molloy, Navarre
NAY: Porter, Marquis
"Student Representative Daly: NAY
AMENDMENT PASSED.
MOTION TO POSTPONE:
Council Member Navarre MOVED to postpone Ordinance No. 2701 -2013 to the next
meeting and asked administration to bring back an amended copy. Council Member
Gabriel SECONDED the motion.
VOTE ON POSTPONEMENT:
YEA: Porter, Gabriel, Navarre
NAY: Bookey, Boyle, Marquis, Molloy
"Student Representative Daly: NAY
POSTPONEMENT FAILED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the title of Ordinance No. 2701 -2013 by
striking "three" and inserting "six." Vice Mayor Marquis SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
City of Kenai Council Meeting Minutes Page 10 of 16
May 15, 2013
Page 118 of 234
PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Gabriel MOVED to amend the fourth whereas by striking 'three" and
inserting "six." Council Member Molloy SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
Council Member Navarre MOVED TO POSTPONE and Vice Mayor Marquis called
POINT OF ORDER. Mayor Porter deemed the motion to postpone was not in order.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
14. Ordinance No. 2702 -2013 — Amending Kenai Municipal Code (KMC) Sections
14.20.200, Accessory Structures, and 14.24.020, General Requirements -
Development Requirements Table, to Amend Setback Requirements and
Merging KMC Section 14.24.030, Addendum to Development Requirements
Tables, into KMC 14.24.020 and Deleting KMC 14.24.030 for Purposes of Clarity.
MOTION:
Vice Mayor Marquis MOVED to enact Ordinance No. 2702 -2013 Amending Kenai
Municipal Code (KMC) Sections 14.20.200, Accessory Structures, and 14.24.020,
General Requirements - Development Requirements Table, to Amend Setback
Requirements and Merging KMC Section 14.24.030, Addendum to Development
Requirements Tables, into KMC 14.24.020 and Deleting KMC 14.24.030 for Purposes of
Clarity. Council Member Bookey SECONDED the motion.
Mayor Porter opened the floor for public comment, there being none public comment
was closed.
VOTE:
YEA: Boyle, Molloy, Porter, Bookey, Gabriel, Marquis, Navarre
NAY:
"Student Representative Daly: YEA
PASSED UNANIMOUSLY.
.,ity of Kenai Council Meeting Minutes Page 11 of 16
May 15, 2013
Page 119 of 234
15. Resolution No. 2013 -27 — Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes Adopted During the FY2014 Budget
Process to include Increasing Camping and Parking Fees Associated with the
Personal Use Fishery, Increasing Monthly Rental Rates at Vintage Pointe, and
increasing Fees for Water and Sewer Service.
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2013 -27 and Council Member
Bookey SECONDED the motion.
Mayor Porter opened the floor for public comment.
Ed Martin, Milepost 49.5 Cooper Landing — Mr. Martin spoke against raising rates for
the personal use fishery.
Joe Harris, 520 Pine — Mr. Harris spoke in favor of raising rates for the personal use
fishery.
MOTION TO AMEND:
Council Member Molloy MOVED to amend Resolution No. 2013 -27 by changing rent
increases at Vintage Pointe from $50 to $25 per month. Council Member Boyle
SECONDED the motion.
VOTE ON AMENDMENT
YEA: Boyle, Molloy
NAY: Porter, Bookey, Gabriel, Marquis, Navarre
"Student Representative Daly: NAY
AMENDMENT FAILED.
VOTE ON MAIN MOTION:
YEA: Porter, Bookey, Gabriel, Marquis, Navarre
NAY: Boyle, Molloy
"Student Representative Daly: YEA
MOTION PASSED.
16. Resolution No. 2013 -28 — Fixing the Rate of Levy of Property Tax for the Fiscal
Year Commencing July1, 2013 and Ending June 30, 2014.
Approved by consent agenda.
17. Resolution No. 2013 -29 — Authorizing the City Manager to Enter into a Contract
with United Health Care to Provide Employee Health Care to City Employees
Effective July 1, 2013.
Approved by consent agenda.
City of Kenai Council Meeting Minutes Page 12 of 16
May 15, 2013
Page 120 of 234
18. Resolution No. 2013 -30 — Approving the First Amendment to the Airline
Operating Agreement and Terminal Area Lease and Authorizing the City Enter
into such Agreement with Lake and Peninsula Airlines, Inc.
Approved by consent agenda.
19. Resolution No. 2013 -31 — Approving the First Amendment to the Airline
Operating Agreement and Terminal Area Lease and Authorizing the City Enter
into such Agreement with Era Aviation, Inc.
Approved by consent agenda.
20. Resolution No. 2013 -32 — Approving the First Amendment to the Airline
Operating Agreement and Terminal Area Lease and Authorizing the City Enter
into such Agreement with Grant Aviation.
Approved by consent agenda.
21. Resolution No. 2013 -33 — Amending its Comprehensive Schedule of Rates,
Charges, and Fees for Changes to Kenai Municipal Airport Landing Fees and
Terminal Rents Per Amendments to the Airline Operating Agreement to be
Effective June 1. 2013.
Approved by consent agenda.
22. Resolution No. 2013 -34 — Authorizing a Budget Transfer within the General
Fund Parks, Recreation and Beautification Department for Overtime and Leave
in Excess of Budgeted Amounts.
Approved by consent agenda.
23. Resolution No. 2013 -35 — Authorizing the City to Enter into an Airline Operating
Agreement and Terminal Area Lease with Lake and Peninsula Airlines Inc.
Approved by consent agenda.
MINUTES
1. *Regular Meeting of May 1, 2013
Approved by consent agenda.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. Action /Approval — Bills to be Ratified
-ity of Kenai Council Meeting Minutes Page 13 of 16
May 15, 2013 g
Page 121 of 234
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.
VOTE: There being no objections, SO ORDERED.
3. Action /Approval — New Restaurant/Eating Place Liquor License #5224 for
Francisco Rodriguez, d /b /a Playa Azul.
Vice Mayor Bookey stated the City of Kenai had determined Francisco Rodriguez, d /b /a
Playa Azul had satisfied all obligations to the City and therefore the City had no
objections to the renewal of liquor license No. 5224.
MOTION:
Council Member Bookey MOVED to direct the City Clerk to forward a letter to the
Alcoholic Beverage Control Board advising the City had no objection to the renewal of
liquor licenses for Francisco Rodriguez, d /b /a Playa Azul and requested UNANIMOUS
CONSENT. Council Member Molloy SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. *Ordinance No. 2703 -2013 — Increasing Estimated Revenues and
Appropriations by $512.45 in the General Fund - Police Department for State
Traffic Grant Overtime Reimbursement.
Ordinance No. 2703 -2013 was introduced by consent agenda and public hearing
scheduled on June 5, 2013.
5. *Ordinance No. 2704 -2013 — Amending KMC 13.40.040 to Provide for a
Seasonal Speed Limit of Twenty (20) Miles Per Hour While Driving Motorized
Vehicles on a Certain Portion of the North Shore Public Beach.
Ordinance No. 2704 -2013 was introduced by consent agenda and public hearing
scheduled on June 5, 2013.
6. *Ordinance No. 2705 -2013 — Increasing Estimated Revenues and
Appropriations by $2,343.04 in the General Fund — Police Department for Justice
Assistance Grant Overtime Reimbursement.
City of Kenai Council Meeting Minutes Page 14 of 16
May 15, 2013
Page 122 of 234
Ordinance No. 2705 -2013 was introduced by consent agenda and public hearing
scheduled on June 5, 2013.
H. COMMISSION /COMMITTEE REPORTS
1. Council on Aging — Council Member Molloy reviewed the May 9 meeting, noting
a presentation by Linda Swarner of the Kenai Peninsula Food Bank.
2. Airport Commission — Council Member Gabriel noted the Kenai Peninsula Air
Fair would be June 8, 2013.
3. Harbor Commission — Council Member Molloy noted the next meeting would be
June 10, 2013.
4. Library Commission — Council Member Boyle had no report.
5. Parks and Recreation Commission — Council Member Bookey had no report.
6. Planning and Zoning Commission — Council Member Navarre reviewed the
May 8 meeting.
7. Beautification Committee — Mayor Porter reported on the May 14 meeting.
8. Mini -Grant Steering Committee — Mayor Porter had no report.
I. REPORT OF THE MAYOR
Mayor Porter reported the following:
• Thanked Navarre for presenting the proclamation for Poppy Day.
• Attended the May 27 Memorial Day Celebration.
• The Soap Box Derby would be May 18, 2013.
• The Torch Run would be next weekend.
J. ADMINISTRATION REPORTS
1. City Manager — Koch reported the following:
• Parks and Recreation would provide for moving heavy items during the
annual clean up.
• The Kenai Central High School track project is two weeks ahead of schedule.
• Thanked the Finance Director and City Attorney for the many ordinances and
resolutions regarding the FY14 budget.
• Attended the LISS Anchorage Commissioning Service
2. City Attorney — Bloom reported he was continuing work on commissions and
committees and thanked the Council for the opportunity to attend the Alaska Bar
Association conference.
3. City Clerk — Modigh had no report.
.ity of Kenai Council Meeting Minutes Page 15 of 16
May 15, 2013
Page 123 of 234
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments
Joe Harris, 520 Pine — Mr. Harris reported the Historic Cabin Park would open on June
4 and be open Tuesday through Saturday from noon to 4:00 p.m.
Ed Martin, Milepost 49.5 Cooper Landing — Mr. Martin reported he was asking the
State for an appeal of waiver against female contractors.
2. Council Comments
Student Representative Daly expressed her sincere gratitude for the opportunity to
participate on the City Council.
All council members thanked Daly for her work and wished her the best of luck.
Council Member Gabriel thanked the Administration and Finance Director for their work
on the ordinances and resolutions and thanked the speakers for their comments.
Mayor Porter reported she would attend the next meeting telephonically.
L. EXECUTIVE SESSION — None
M. PENDING ITEMS — Ordinance No. 2656 -2012 — Amending the Kenai Municipal
Code Section 3.10.070, Livestock Within the City Limits, to Exclude from the
Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the
Keeping of a Small Number of Chicken Hens in the City and Amending Setback
Requirements for Chicken Containment Structures.
[Clerk's Note: At its March 6, 2013 meeting, Council postponed Ordinance
No. 2656 -2012 for 90 days and the ordinance was referred to administration.]
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:35
p.m.
Minutes prepared and submitted by:
Corene Hall, Deputy City Clerk
"The student representative may cast advisory votes on all matters except those
subject to executive session discussion. Advisory votes shall be cast in the rotation of
the official council vote and shall not affect the outcome of the official council vote.
Advisory votes shall be recorded in the minutes. A student representative may not move
or second items during a council meeting.
City of Kenai Council Meeting Minutes Page 16 of 16
May 15, 2013
Page 124 of 234
Z
O
H
Q
U
LL
F
K
J
U
Z
D
O
U
0
W
W
Z r�
CD
U N
2 h
W
o° z
o �
o..
o LL
N O
r
ce _Z
w
Ow LU
H
Z J
W U
Z
7
4 O
aU
w
Q
U
U
U)
C7
J
Q
Z
H
z
z
w
w
c�
U
U
w
w
w
H
U
W
J
W
of
W
2
O
x
w
C�
N
w
D
LL
U)
w
CO
J_
QO
Y
c
V
Cl)
N
w
O
N
N
Q)
f0
a
O
W
_
rn
o
O
�
N
Ir
O
>
>
j
w
W
J
a
a
U
z
w_
_w
~
~
J
W
a
O
w
Q
U
U
U)
C7
J
Q
Z
H
z
z
w
w
c�
U
U
w
w
w
H
U
W
J
W
of
W
2
O
x
w
C�
N
w
D
LL
U)
w
CO
J_
QO
Y
c
V
Cl)
N
w
O
N
N
Q)
f0
a
D
D
O
O
O
Ir
>
>
j
w
Q
U
U
U)
C7
J
Q
Z
H
z
z
w
w
c�
U
U
w
w
w
H
U
W
J
W
of
W
2
O
x
w
C�
N
w
D
LL
U)
w
CO
J_
QO
Y
c
V
Cl)
N
w
O
N
N
Q)
f0
a
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 126 of 234
&
k
\
/
3
2
}
\
j
§
)
\
\
\o
\
4
o
E
(
\
\
\
(e
LU
\
//
k
)
/»
I
5
°w
e/
u
e
@\
/\
§
«
_
±z
�e
§
}
\
°
/
k
/
2
»
)
c
_
{
_
LL
k
§
\
\ /
ZjL
\
/
/<
.
§
}[
>/
)
\j
-
w )
>
_
§
o Li:
\
2 $
2
/
\
\ §
}
u
$
*
/
)
\ =
k
U)
\
\
} \
(
}
[
G
&
\ §
@
\ 0
)( x
Of\ \
E o
k
\
\\
2
}
\
j
/
\o
\ §
@
\ 0
)( x
Of\ \
E o
(
co
}
\
Lu
/
\
\
LLI
D
\
\
)
\
}
\
(
\
2
\
\\
k%
j
/
\o
�
\}
(
co
}
\
Lu
/
\
\
LLI
D
\
\
)
\
}
\
(
\
2
/ "Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014
�� theu�1ofii MEMORANDUM
KENALALA SKA
TO: Rick Koch, City Manager
FROM: Sean Wedemeyer, Public Works Director 5A fit%
DATE: May 29, 2013
SUBJECT: Dipnet Shack Permanent Power
Rick,
As a result of a formal bid process I received the following quotes to install
permanent power at the three Dipnet shacks.
$38,163 Kachemak Electric
$37,665 Big G Electric
After discussing the results with the contractors I determined we would be able to
reduce the cost by splitting the project, thereby falling below the Title 36
Minimum Rates of Pay threshold. Additionally, the contractors had included
contingency in their bid for liquidated damages due to the aggressive schedule,
which would be minimized by reducing their scope of work. Subsequently I
requested each contractor to provide a bid to perform only a portion of the
project, and received the following bids.
$ 9,234 Kachemak Electric N. beach (1 shack)
$21,867 Big G Electric S. beach (2 shacks)
$31,101 Total
I recommend awarding the work per the attached Sole Source Request forms.
Attachments:
Two (2) Sole Source Request forms
Project Plans and Specifications
Page 128 of 234
"IK1149e with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 111117
1992
MEMO:
TO: Mayor Porter and Council Members
FROM: Sandra Modigh, City Clel�,,\
DATE: May 30, 2013
SUBJECT: Kenai Peninsula Borough Planning Commission Appointment
Mayor Porter received the attached correspondence regarding Mr. Bryson's term, as the City of
Kenai's representative on the Borough Planning Commission, expiring as of July 31, 2013.
Borough Mayor Navarre has requested a list of recommended candidates, which may include
Mr. Bryson to fill the upcoming vacancy.
At the request of Mayor Porter, I contacted Mr. Bryson; he is interested in being recommended
by Council for reappointment to the commission.
Attachment
Page 129 of 234
p KENAI PENINSULA BOROUGH
1 144 North Binkley Street a Soldotna, Alaska 99669 -7520
a Toll -free within the Borough: 1- 800 - 478 -4441
PHONE: (907) 262 -4441 • FAX: (907) 262 -1892
www.borough.kenai.ak.us
MIKE NAVARRE
BOROUGH MAYOR
May 15, 2013
The Honorable Mayor Patricia Porter
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611
Dear Mayor Porter,
Mr. Philip Bryson has represented the City of Kenai on the Kenai Peninsula Borough Planning
Commission for the past three years. Mr. Bryson's term expires on July 31, 2013.
In accordance with AS 29.40.020, appointments to the Kenai Peninsula Borough Planning Commission
are made by the Borough Mayor. Commission members from a home rule or first class city shall be
selected by the Borough Mayor from a list of recommendations made by the City Council.
I would appreciate a list of recommended candidates, which may include Mr. Bryson, to fill the vacancy
for this post. Candidates must be qualified voters of the Kenai Peninsula Borough who reside within the
City of Kenai. It would be most helpful if I could receive your council approved suggestions by June 7,
2013. Assembly confirmations of appointments to the Kenai Peninsula Borough Planning Commission
are tentatively scheduled for July 2, 2013.
Thank you for your time and attention with this request. I look forward to receiving your list of
candidates for this service.
Sincerely,
MiMike)/
Mayor
cc: Planning Commission Chair
KPB Planning Department
Kenai City Clerk — via fax
Page 130 of 234
u
MEMO:
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlllf
1992
TO: Mayor Porter and Council Members
FROM: Sandra Modigh, City CIS
DATE: May 30, 2013
SUBJECT: Personnel Arbitration Board Appointment
Pursuant to KMC 23.35.032, the Personnel Arbitration Board consists of twelve
members who shall be chosen by the City Council from nominees made by City
employees and by members of the City Council. The Board meets as needed to hear
appeals to disciplinary actions taken against employees of the City. Appointments to
the Board are indefinite. Currently there are five vacancies on the Board.
The attached application was submitted by Carol L. Freas for appointment to the
Personnel Arbitration Board. Vice Mayor Marquis has nominated Ms. Freas and
Council may appoint by a majority vote in favor.
Attachment
Page 131 of 234
X14 /0 B; 2015 12:54 FAX 507 •'U3200 KENrI SENIOR CENTER
DATE:
NAME:
CITY OF KENAI
"Village with a past — City with a future. "
BACKGROUND AND PERSONAL DATA -
CANDIDATES FOR APPOINTMENT COMMIT zi
Z 002
=9
RETURN TO:
KENAI CITY CLERK
210 FIDALGO AVENUE
KENAI, AK 99611
PHONE: 253.7536, EXT. 231
FAX; 283 -6068
liosldaut of tho City of no"k? y -_10- now loay(r
_T
Residence Address (D� 0% I%/Yl�i_ //c���r1a ! f L %-I'(!!
Mailing Address Home Telephone No. O®41 - 54A36
Home Fax No. /V/X Business Telephone �N,,qq ly /n
/L
Business Fax No. e Email Address: , r�
May we include your contact ormation on ur web page? ALL If not all, what information may we
include? iVzf9JP<,1^esti� a��ierl�nitutrrfew v _�
EMPLOYER: ��� Job Title
NAME OF SPOUSE:
Current membership in organisations: 141.f -41-0 #�_ /s✓iC�QrLi� �9
Past organisational membarehina: /i�Q�.�l.L r /°lOLiGLll7�019 'P>F ev;a ele-t -k-'
COMMIT` ES N WHICH YQV ARE ERESTED:
WHAT
OR
EXPERIENCE, OR CREDENTIALS DO YOU POSSESS; TO BRING TO THE BOARD,
Signature
Page 132 of 234
MEMO*
"V llaqe witli a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us
TO: Rick Koch, City Manager
FROM: Christine Cunningham, Assistant to the City Manager AW
DATE: May 29, 2013
Ken.4
nux.uua
'VIII
znu
SUBJECT: Arctic Barnabas Ministries, Lot 5, Block 5, General Aviation Apron
1. Collateral Assignment of Lease
2. Consent to Assignment of Lease for Security Purposes
Arctic Barnabas Ministries, Inc. has requested a collateral assignment of its Lease of the
referenced property to Keybank National Association to secure a line of credit. The Lease
requires the written consent of the City for any assignment.
The property is identified on the attached map and is Airport Land located inside the
Airport Reserve. The Lease is for a term of 85 years, became effective on May 23, 1967,
and expires on June 30, 2052. The purpose for which the lease is issued is: "Hangar and
Office Facility." The Lease was assigned to Arctic Barnabas Ministries, Inc. in 2009.
The Lessee is in compliance with the City and the Kenai Peninsula Borough. The City
Attorney has reviewed the attached documents and has no objection to the form. If
Council approves the assignment, the Collateral Assignment of Lease and Consent to
Assignment of Lease for Security Purposes can be executed.
cc: Jonathan Peters, Arctic Barnabas Ministries, Inc.
Attachments
Page 133 of 234
KENAI RECORDING DISTRICT
Recording requested by and
after recording, return to:
KeyBank National Association
National Real Estate Group
OH -01 -51 -0429
4910 Tiedeman Road
Brooklyn, Ohio 44144
COLLATERAL ASSIGNMENT OF LEASE
ARCTIC BARNABAS MINISTRIES, INC., an Alaska non - profit corporation, of
135 North Willow Street, Kenai, Alaska, 99611 ( "Assignor"), for good and valuable
consideration, does hereby assign and transfer to KEYBANK NATIONAL
ASSOCIATION, a national banking association ( "Assignee "), whose address is 801
Frontage Road, Kenai, Alaska, 99611, all of Assignor's right, title, and interest under
that certain lease agreement, originally dated May 23, 1967, and any and all
amendments and supplements thereto (collectively, the "Lease "), between the City of
Kenai, as lessor, and Assignor as lessee, a copy of which Lease was recorded on April
20, 1976, at Book 94, Page 339, records of the Kenai Recording District, Third Judicial
District, State of Alaska, which covers the following described real property:
Lot Five (5), Block Five (5), GENERAL AVIATION APRON SUBDIVISION
NO, ONE, AMENDED, according to Plat No. 2004 -20, in the Kenai
Recording District, Third Judicial District, State of Alaska;
(the 'Property "). Amendments and modifications to the Lease were recorded as follows:
on April 20, 1976, in Book 94, at Page 339; on April 7, 2006, as Serial Number 2006-
003127-0; on May 22, 2009, as Serial Number 2009 - 004947 -0; on February 23, 2010,
as Serial Number 2010- 001430 -0; and on August 13, 2010, as Serial Number 2010-
006780-0.
1. This Assignment is executed as security for repayment of the sum of One
Hundred Thousand Dollars ($100,000), plus interest, as evidenced by a promissory
note in said amount of even date herewith, executed by Assignor in favor of Assignee.
As further security, Assignor, concurrently with the execution of this Assignment has
executed a deed of trust covering the above described property, which deed of trust was
COLLATERAL ASSIGNMENT OF LEASE Page 1 of 5
F:\800762 \1663100312948. DOCX
Page 134 of 234
recorded of even date herewith, as Document No. , records of the
Kenai Recording District, Third . District, State of Alaska, and hereby
incorporates in this Assignment b reference all of the default provisions provided in
said deed of trust and authorizes Assignee in the event of default by Assignor under the
promissory note, deed of trust, or this Assignment to foreclose the security covered
thereby. Assignor agrees to execute any further documents necessary or appropriate to
effectuate the purpose of this Assignment.
2. Assignor warrants that: (a) Assignor has full and complete right, title, and interest
in the Lease and the power to assign the same; (b) the Lease is in full force and effect;
(c) the Lease is unencumbered and neither the Lease nor any interest in the Lease has
been assigned or pledged to anyone other than the Assignee; no default exists on the
part of the Assignor under the Lease; (d) the lessor under the Lease has no defense,
set off, or counterclaim against the Assignor; (e) all rent due to date has been paid; and
(f) the Assignor has no defense, set off, or counterclaim against the lessor.
3. The Assignee shall have the right, but not the obligation, upon the failure of the
Assignor to perform any of its agreements under this Assignment or the Lease, to take
any action as the Assignee may deem necessary or appropriate to protect its security,
including, but not limited to, appearing in any action or proceeding and performing any
obligations of the Assignor under the Lease, and the Assignor agrees to pay, on
demand, all costs and expenses (including, without limitation, reasonable attorneys
fees) incurred by the Assignee in connection with the Lease, together with interest at the
default rate set in the Note.
4. The Assignee shall have the right to take possession of the Property and manage
and operate the Property on the condition that Assignee assumes and agrees to satisfy
all of Assignor's obligations under the Lease that accrue during Assignee's occupancy
or possession of the Property.
5. Until and unless Assignee elects to occupy or possess the Property or operate
Assignor's business on the Property or acquires Assignor's leasehold interests in and to
the Lease, nothing in this Assignment shall be construed to impose any liability or
obligation on Assignee under the Lease. Assignor shall indemnify, defend, and hold
Assignee harmless from any and all liabilities, losses, and damages that the Assignee
may incur under the Lease or by reason of this Assignment and from any and all claims
or demands whatsoever that may be asserted against the Assignee by reason of any
alleged obligation to be performed or discharged by the Assignee under the Lease or
this Assignment. Further, this Assignment shall not make Assignee responsible for, and
Assignor shall not seek to hold Assignee responsible, for any act committed upon the
Property by any of Assignor's employees, invitees, or any other parties, or for any
dangerous or defective condition of the Property, or for any negligence in the
management, repair, or control of the Property until Assignee occupies and takes
possession of the Property and the Lease.
COLLATERAL ASSIGNMENT OF LEASE Page 2 of 5
F: 1800762U 663=312948. DOCX
Page 135 of 234
6. MISCELLANEOUS.
6.1 This Assignment is intended to be supplementary to, and not in
substitution for, any assignment of rents contained in the Security Agreement, Deed of
Trust, or in any other Loan Documents.
6.2 Failure of Assignee to avail itself of any of the terms of this Assignment or
for any reason shall not constitute a waiver of the Assignment.
6.3 Notwithstanding any future modification to the terms of the Loan
Documents, this Assignment and the rights and benefits assigned and granted under it
shall continue in favor of Assignee in accordance with the terms of this Assignment.
6.4 Upon payment in full of the principal, interest, and any other indebtedness
secured by this Assignment, this Assignment shall cease, but the affidavit or written
statement of Assignee or any agent, officer, or attorney of Assignee showing that any
part of the principal, interest, or other indebtedness remains unpaid shall constitute
conclusive evidence of the effectiveness and force of this Assignment and any person is
hereby authorized to rely thereupon.
6.5 Anything done or permitted to be done under this Assignment shall be in
addition to and not in limitation of any other right held by Assignee under the law with
respect to this Assignment or otherwise. The right of Assignee to collect the secured
principal, interest, and other indebtedness and to enforce any other security that
Assignee has shall not be affected by any prior or subsequent action taken under this
Assignment and Assignee is specifically authorized to abandon or otherwise give up its
security interest created by this Assignment or any other security interest created under
the terms of the Loan Documents, all without prejudice to the rights of Assignee under
or to proceed against any other security or collateral, or to take any step to collect the
unpaid balance of the indebtedness.
6.6 This Assignment shall be binding upon, and inure to the benefit of, the
respective successors and assigns of the parties (including, without limitation in the
case of the Assignee, any third parties now or hereafter acquiring any interest in the
Notes or any part of them, whether by virtue of any assignment, participation, or
otherwise).
6.7 The words "Assignee" and "Assignor' whenever used in this Assignment
shall include the persons and entities named in this Assignment, and their respective
successors and assigns.
6.8 Any change, amendment, modification, abridgement, cancellation, or
discharge of this Assignment, or any term of it, shall be invalid without the written
consent of Assignee and Assignor.
COLLATERAL ASSIGNMENT OF LEASE Page 3 of 5
F:1800762 \1663\00312948. DOCX
Page 136 of 234
6.9 This Assignment shall be recorded.
6.10 If any provision of this Assignment is determined to be unenforceable or
illegal for any reason, the remaining provisions of this Assignment shall not be affected
by that illegality or unenforceability.
6.11 Each party to this Assignment acknowledges that such party has obtained
or has had the opportunity to obtain advice and representation of independent legal
counsel in negotiating and entering into this Assignment; the fact that this Assignment
may have been drafted in whole or in part by one party's counsel shall not cause this
Assignment to be construed against such party.
7. This Assignment shall be governed by, and construed in accordance with, the
laws of the State of Alaska.
Attached to this Assignment is the Consent to Assignment for Security Purposes
given by the City of Kenai.
ASSIGNOR: ARCTIC BARNABAS MINISTRIES, INC., a(n)
Alaska non - profit corporation
Date
Va
STATE OF ALASKA )
ss:
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of , 2013,
before me, the undersigned, a Notary Public in and for the State of Alaska, duly
commissioned and sworn, personally appeared , to
me known to be the individual described in and who executed the within and foregoing
COLLATERAL ASSIGNMENT OF LEASE, and he /she acknowledged to me that he /she
signed the same as of ARCTIC BARNABAS
MINISTRIES, INC., in the name of and for and on behalf of said entity, freely and
voluntarily and by authority of its Articles of Incorporation, for the uses and purposes
therein mentioned.
COLLATERAL ASSIGNMENT OF LEASE Page 4 of 5
FA800762 \1663\00312948. DOCX 9
Page 137 of 234
GIVEN UNDER MY HAND and official seal the day and year last above written.
ASSIGNEE:
Notary Public in and for Alaska
My commission expires:
KEYBANK NATIONAL ASSOCIATION, a(n)
federal banking association
Date Mollie R. Kent
Its: Branch Manager
STATE OF ALASKA )
ss:
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of , 2013,
before me, the undersigned, a Notary Public in and for the State of Alaska, duly
commissioned and sworn, personally appeared Mollie R. Kent, to me known to be the
individual described in and who executed the within and foregoing Collateral
Assignment of Lease, and she acknowledged to me that she signed the same as
Branch Manager of KeyBank National Association, in the name of and for and on behalf
of said entity, freely and voluntarily and by authority of its charter, for the uses and
purposes therein mentioned.
GIVEN UNDER MY HAND and official seal the day and year last above written.
Notary Public in and for Alaska
My commission expires:
COLLATERALASSIGNMENT LEASE
F: \800762 \1663 \0031294 B. DOCX Page 5of5
Page 138 of 234
CITY OF KENAI
CONSENT TO ASSIGNMENT FOR SECURITY PURPOSES
The CITY OF KENAI, Lessor, in a Lease recorded on April 20, 1976, at Book 94,
Pages 339 - 343 in the Kenai Recording District, covering the following- described property:
Lot five (5), Block five (5), General Aviation Apron Subdivision No. one, Amended,
according to Plat No. 2004 -20, in the Kenai Recording District, Third Judicial District,
State of Alaska;
hereby consents to the assignment of the right, title, and interest of the Lessee in the
above referenced lease agreement, as amended, for security purposes, to KEYBANK
NATIONAL ASSOCIATION, whose address is 801 Frontage Road, Kenai, Alaska,
99611.
This Consent is given by the City of Kenai without waiving any right or action, or
releasing the Assignor from any liability or responsibility under the aforementioned Lease,
and does not relieve the Assignee from the condition requiring the City's approval for any
subsequent sublease or assignment.
Dated this _day of 2013.
Rick R. Koch
City Manager
Consent to Assignment of Lease for Security Purposes Page 1 of 2
Page 139 of 234
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of 2013, RICK R.
KOCH, City Manager of the City of Kenai, Alaska, being personally known to me or having
produced satisfactory evidence of identification, appeared before me and acknowledged
the voluntary and authorized execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Consent to Assignment of Lease for Security Purposes Page 2 of 2
Page 140 of 234
City of Kenai Lease to
Arctic Barnabas Ministries, Inc.
41
wS
Subject Parcel
s _ =ct
H
le
� a,
41(
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 142 of 234
'Villaye with a Past, C# with a Future"
MEMORANDUM
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.ci.kenai.ak.us
TO: City Council -514
FROM: Scott Bloom, City Attorney
DATE: May 30, 2013
RE: Acceptance of Easement from Kenai Landing
Kenai Landing Inc., on behalf of Kenai Landing Commercial Condominium Association, hic.,
(collectively hereinafter "Kenai Landing ") has requested the City of Kenai accept and execute the
attached easement which grants the City a public right -of -way and parking area. Kenai Landing has
requested the vacation of a state section line on the subject property. The vacation has gone
through the preliminary phases of review and approval by the State, Borough, and the City. Final
plat/vacation have not yet been completed to my knowledge. State law requires that a property
owner vacating a section line provide equal or better access as than that provided by the section line
being vacated. The new dedicated easement will be provided for on the final plat; however Kenai
Landing has requested the City to accept the subject easement, in addition to the plat dedicating the
right -of -way.
The easement language has been the subject of many revisions back and forth between the
administration and Kenai Landing. It is intended to describe the interest conveyed and intention of
the parties in greater detail than that provided by the plat, without creating or reserving any
additional rights for either party than those created by the vacation of the section line and dedication
of new public access and a parking area. While I do not believe the easement is necessary for the
City in addition to the platting process, I understand that it is important and has value for Kenai
Landing and I have no objection to execution of the easement. I believe that the easement should
be executed simultaneously with approval of the final section line plat/vacation and dedication of
the new right -of -way.
YAEasementslMemo RE Easement from Kenai Landing 053013.doex
IICkZ.Si
KENAI RECORDING DISTRICT
PUBLIC ACCESS EASEMENT
This PUBLIC ACCESS EASEMENT is made and entered into this _ day of
' 2013, by Kenai Landing, Inc. on behalf of KENAI LANDING
COMMERCIAL CONDOMINIUM ASSOCIATION, INC. whose address is 2101
Bowpicker Lane, Kenai, Alaska 99611 hereinafter referred to as Grantor, and THE
CITY OF KENAI whose address is 210 Fidalgo Avenue, Kenai, Alaska 99669
hereinafter referred to as Grantee.
RECITALS:
A. Grantor is the Association of Unit Owners of the Kenai Landing Commercial
Condominiums located in part on certain real property described as:
Tract A, Kenai Landing Cottages Subdivision, according to the official plat
thereof, filed under Plat No. 2005 -29 records of the Kenai Recording District,
Third Judicial District, State of Alaska. (hereinafter "Grantor's Property ").
A. Pursuant to Section 8.2 of the Declaration of Kenai Landing Commercial
Condominiums, recorded the 14th day of May, 2012 as Serial No. 2012 - 004487 -0, in
the Kenai Recording District, Third Judicial District, State of Alaska ( "Declaration ")
Kenai Landing, Inc. as Declarant reserved the right to grant easements across the
Grantor's Property for ingress and egress.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Grantor and Grantee hereby agree as follows:
1) Recitals: The foregoing recitals are true and correct and are hereby incorporated into
this Public Access Easement as if fully set forth herein.
2) Grant of Public Access Easement: Grantor hereby grants to Grantee, a perpetual
easement for public access including the right to construct, reconstruct, and maintain a
public street for vehicular and pedestrian ingress and egress in, over, upon, across, and
PUBLIC ACCESS EASEMENT Page 1 of 5
Page 144 of 234
through that portion of Grantor's Property described in Section 7 hereof and labeled as
"50' WIDE PUBLIC ACCESS EASEMENT in the attached EXHIBIT A, hereafter
referred to as "Public Access Easement"
In making this Grant, the intent of the parties is to create equal or better public access
than the public has or had a right to, in the Section Line Easement being vacated by Plat
# Consistent with this intent, Grantor retains the fee simple interest subject
to the publics' right conveyed in this easement and the City's authority to regulate the
easement for public benefit/ use. Grantor retains the right to grant other easements that
do not interfere with public use to the same extent the Grantor had the right to grant
other easements within the section line vacated by Plat No. . Similarly, the Grantor
retains the right to prohibit camping in the easement and parking area described herein
to the extent the Grantor would be able to prohibit camping in the section line vacated
by Plat No. .3) Grant of Parking Easement: Grantor hereby grants to Grantee an
easement for public parking for river access within the area marked "Public River
Access Parking Area" on attached EXHIBIT A and described in Section 8 hereof.
3) Grantor and Grantee Not Obligated to Maintain: Neither Grantor nor Grantee is
obligated by this conveyance to maintain, construct, or repair improvements if any as
may be completed from time to time within any portion of the Public Access Easement,
or Public River Access Parking.
4) Description of Public Access Easement.
Commencing at the southwest section corner of said Section 8, said corner
as monumented and shown on Kenai Landing Cottages Subdivision, Plat #
2005 -29 Kenai Recording District;
Thence S89 °55'59 "E 808.30 feet adjoining the east -west section line;
Thence N00 °04'01 "E 33.00 feet to a point on the 33 foot section line
easement said point being the TRUE POINT OF BEGINNING;
Thence N89 °55'59 "W 55.59 feet;
Thence N25 °58'38 "E 416.63 feet;
Thence N63 °59'24 "W 32.00 feet;
Thence N25 °58'38 "E 100.00 feet; 4 PUBLIC ACCESS EASEMENT F-
4256-06 Easement Folder: PAE2
PUBLIC ACCESS EASEMENT
Page 145 of 234
Page 2 of 5
Thence S64 °01'22 "E 32.00 feet;
Thence N25 °58'38 "E 443.45 feet;
Thence N70 °20' 18 "E 201.49 feet more or less to a point on the Mean High
Water of the Kenai River;
Thence adjoining said Mean High Water S17 °52'00 "E 50.02 feet;
Thence S70 °20'18 "W 179.53 feet;
Thence S25 °58'38" 915.42 feet to a point on the 33 foot section line
easement, said point being the TRUE POINT OF BEGINNING.
Said described easement contains 59,613 square feet more or less.
Exhibit A is attached hereto and made a part of
5) Description of Public River Access Parking Easement.
That area, approximately 32' x 100' (3,200 square feet in total), labeled on attached
Exhibit A as "Public River Access Parking ". This area is further defined by the Line
Table in attached Exhibit A as bound on the south by L4, on the west by L5, on the
north by L6 and on the east by the 50' wide Public Access Easement.
PUBLIC ACCESS EASEMENT
Page 146 of 234
Page 3 of 5
DATED this day of
2013.
GRANTOR:
KENAI LANDING COMMERCIAL CONDOMINIUM ASSOCIATION, INC.
By: Jonathan Faulkner
Its: President
Kenai Landing Inc.,
4786 Homer Spit Rd
Homer, AK 99603
ACKNOWLEGEMENT
STATE OF ALASKA
) ss.
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this _ day of 2013, before me, the
undersigned Notary Public in and for the State of Alaska, duly commissioned and
sworn, personally appeared JONATHAN FAULKNER, to me known and known to
me to be the President of KENAI LANDING INC. on behalf of KENAI LANDING
COMMERCIAL CONDOMINIUM ASSOCIATION, INC., and known to me to be
the person who signed the foregoing instrument, on behalf of said corporation, and he
acknowledged to me that he signed and sealed the same as a free act and deed of the
said corporation for the uses and purposes therein expressed pursuant to its bylaws or a
resolution of its Board of Directors.
WITNESS my hand and official seal on the day and year in this certificate first above
written.
PUBLIC ACCESS EASEMENT
Notary Public for the State of Alaska
My Commission Expires:
Page 147 of 234
Page 4 of 5
DATED this day of 2013.
GRANTEE:
THE CITY OF KENAI
By: Rick Koch
Its: City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
ACKNOWLEGEMENT
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of 2013, before me, the
undersigned Notary Public in and for the State of Alaska, duly commissioned and
sworn, personally appeared Rick Koch to me known and known to me to be the City
Manager of THE CITY OF KENAI, ALASKA, and known to me to be the person
who signed the foregoing instrument, on behalf the City of Kenai.
WITNESS my hand and official seal on the day and year in this certificate first above
written.
Notary Public for the State of Alaska
My Commission Expires:
AFTER RECORDING RETURN TO:
7 PUBLIC ACCESS EASEMENT F- 4256 -06 Easement Folder: PAE2
PUBLIC ACCESS EASEMENT
Page 148 of 234
Page 5 of 5
14Cnai "sue -di&Q x�, Penau '
305 K WILLOW ST. SUITE ZOO KENW, NAWA 99611
Municipal Alrp4o TELEPHONE 907-283.7951
FAX 907,263aM
Memo
To: Rick R. Koch — City Manager
From: Mary L. Bondurant - Airport Manag
Date: May 15, 2013
Subject: Second Amendment to Lease - Alaska Realty Group, Inc.
At the May 9h, 2013 Airport Commission meeting, Commission reviewed Alaska Realty Group,
Inc's., request to extend for three -years the lease for office space in the terminal building. The
purpose of the lease is a real estate office at the location shown as Space 21 on Exhibit A.
Ms. Chircop has leased this space since December 1, 2009. She is current in all obligations to
the City and the Borough, conforms to the terms of the permit, and the insurance company is
rated A- or better by A.M. Best.
The Commission recommends to City Council that the City Manager extend the lease with
Alaska Realty Group, Inc. for three -years from June 1, 2013 to May 31, 2016.
Please contact me if you have any questions.
Attachments
www.d.kenai.ak.us .
Page 149 of 234
PROPERMS
ALASKA REALTY GROUP, Inc.
LOCATED IN THE KENAI AIRPORT
305 N. WILLOW STE 106, KENAI, AK 99611
OFFICE (907)335 -3333 FAX (907)335 -0333
Date: 4/29/2013
Unit: 106
Mary Bondurant, Airport Manager
907 - 283 -7961
Dear Mary,
I would like to extend our lease inside the Kenai Airport for another 3 years based on the current
non - signatory rate.
I believe we are a great presence here and enjoy educating arrivals about our great City and what
we have to offer,
rcathu ahCrcop
PRESIDENT & BROKER
Alaska Realty Group- Mossy Oak Properties
(907) 335 -3333
Page 150 of 234
SECOND AMENDMENT TO LEASE OF AIRPORT FACILITIES
This First Amendment to Lease of Airport Facilities is made as of the
day of May, 2013, by and between the City of Kenai (City), a municipal corporation
whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and Alaska Realty
Group, Inc. (Lessee), an Alaska corporation whose address is 305 North Willow,
Suite 106, Kenai, Alaska 99611.
RECITALS
Effective December 1, 2009, the City entered into a lease of airport facilities
with Kathy Chircop d/b /a Reflections Realty Group of Kenai for certain office
space known as office space 421 in the Kenai Municipal Airport terminal building
and consisting of 150 square feet, more or less (the Lease).
On October 15, 2010, Kathy Chircop assigned her rights under the Lease to
Alaska Realty Group, Inc. and the City consented to this assignment on November
5, 2010.
The Lease was thereafter again amended (First Amendment to Lease of
Airport Facilities) to amend the Rental payment amount and extend the term until
May 31, 2013.
The City and Alaska Realty Group, Inc. wish to again amend the Lease to
extend the term and to provide for new rental rates under the extended term.
The City and Alaska Realty Group, Inc. therefore agree as follows:
1. Pursuant to paragraph B of the Lease, Term, providing the option of
the parties to extend the Lease by mutual written consent, the Lease tern is
extended so that the Lease will end on May 31, 2016.
2. The Lease at paragraph C, Rental Payment, is amended by adding the
following monthly rent payment obligations:
Second Amendment to Lease - -Space 21 Page 1 of 3
Page 151 of 234
June 1, 2013 to May 31, 2014
June 1, 2014 to May 31, 2015
June 1, 2015 to May 31, 2016
$3.30* x 150 $495.00
*see below
*see below
* The terminal rental rate will be based on the previous year's rental rates increased
by the percentage of the increase in the BLS CPI for All Urban Consumers —
Anchorage MSA.
(Rents are the established rents for all non - signatory lessees for exclusive terminal
space as set forth in the City's Schedule of Rates, Charges, and Fees.)
3. The parties agree that this Second Amendment to Lease of Airport
Facilities and all obligations under this amendment shall be effective as of June 1,
2013, regardless of the date of signatures indicated below.
4. Except as expressly modified or stated herein, all other terms and
conditions of the Lease remain in full force and effect.
CITY OF KENAI
Rick R. Koch
Its: City Manager
ATTEST:
Name
Title
ALASKA REALTY GROUP, INC.
Kathy E. Chircop
Its: President
Second Amendment to Lease - -Space 21
Page 152 of 234
Page 2 of 3
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this _ day of
, 2013, by Rick Koch, City Manager of the City of Kenai, an
Alaska municipal corporation, on behalf of the City.
Notary Public in and for Alaska
My Commission expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY the foregoing instrument was acknowledged before
me this _ day of 2013, by Kathleen E. Chircop, President of
Alaska Realty Group, Inc., an Alaska corporation, on behalf of the corporation.
Notary Public in and for Alaska
My Commission expires:
Approved as to form:
Scoff M. Bloom
City Attorney
AFTER RECORDING RETURN TO:
CITY OF KENAI
Attn: City Attorney
210 Fidalgo Avenue
Kenai, AK 99611 -7794
Y:1Dept - Aftport\LeasesWK Realty Grp 2nd Amend Lease Space2l 050213.docx
Second Amendment to Lease - -Space 21
Page 153 of 234
Page 3 of 3
z
ne
Exhibit A
!! I
r! d
! / s
B
/ J
I j /
6 I U I
N F-I " I
I
N ( I.-
°
I
C t
I II
\ I II
t( I II
N ! I
IN Alaska Realty GrouP
i�
/ I I
I I
I I
I
I
I I >3
p I 1
N' s 9 _
NI '_
19I I -
N
I 1
G ,
N I I
Y I �
\ I
d� T
Page 154 of 234
I I
I I
I
I
I
I I
I
I I
1
1 I
°I I
I
L I
I
1 I
1
I I°I
I I
I
I I
1
i I
I
I
I
I
I
I
I
I
i
I
1
L I
�J
"S&VLAWt&Grrt r K,ena v
Rai'
W 3D5PLVWLLOWST.SlniE209 XEN,4,ALA$KA 99911
Municipal Airport TELEPHONE 997,283.7951
FAX 97,2833737
Memo
To:
From:
Date:
Subject:
Rick R. Koch — City Manager
Mary L. Bondurant - Airport Mana
May 15, 2013
First Amendment to Lease - Alaska Realty Group, Inc.
At the May 9a', 2013 Airport Commission meeting, Commission reviewed Alaska Realty Group,
Inc's., request to extend for one year the lease for office space in the terminal building. The
purpose of the lease is a real estate office at the location shown as Space 9 on Exhibit A.
Ms. Chircop has leased this space since April 1, 2012. She is current in all obligations to the
City and the Borough, conforms to the terms of the permit, and the insurance company is rated
A- or better by A.M. Best.
The Commission recommends to City Council that the City Manager extend the lease with
Alaska Realty Group, Inc, for a one -year period, June 1, 2013 to May 31, 2014.
Please contact me if you have any questions.
Attachments
www.ci.kenai.ak us.
Page 155 of 234
(0
MOSSMAX
PROPERTIES
ALASKA REALTY GROUP, Inc.
LOCATED IN THE KENAI AIRPORT
305 N. WILLOW STE 106, KENAI, AK 99611
OFFICE (907)335 -3333 FAX (907)335 -0333
Date: 4/29/2013
Unit :120 � I
Mary Sondurant, Airport Manager
907 - 283 -7951
Dear Mary,
I would like to extend our lease inside the Kenai Airport for another year based on the current non -
signatory rate.
I believe we are a great presence here and enjoy educating arrivals about our great City and what
we have to offer.
rcath'J akEmop
PRESIDENT & BROKER
Alaska Realty Group- Mossy Oak Properties
(907) 335 -3333
Page 156 of 234
FIRST AMENDMENT TO LEASE OF AIRPORT FACILITIES
This First Amendment to Lease of Airport Facilities is made as of the
day of May, 2013, by and between the City of Kenai (City), a municipal corporation
whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, and Alaska Realty
Group, Inc. (Lessee), an Alaska corporation whose address is 305 North Willow,
Suite 160, Kenai, Alaska 99611.
RECITALS
Effective April 1, 2012, the City entered into a lease of airport facilities with
Alaska realty Group Inc., of Kenai for certain office space known as office space #9
in the Kenai Municipal Airport terminal building and consisting of 300 square feet,
more or less (the Lease).
The Lease term was until May 31, 2013, with the option to extend by mutual
consent of the parties.
The City and Alaska Realty Group, Inc. therefore agree as follows:
1. Pursuant to paragraph B of the Lease, Term, providing the option of
the parties to extend the Lease by mutual written consent, the Lease term is
extended so that the Lease will end on May 31, 2014,
2. The Lease at paragraph C, Rental Payment, is amended by adding the
following monthly rent payment obligations:
June 1, 2013 to May 31, 2014 $3.30 x 300 $990.00
(Rents are the established rents for all non - signatory lessees for exclusive terminal
space as set forth in the City's Schedule of Rates, Charges, and Fees.)
3. The parties agree that this First Amendment to Lease of Airport
Facilities and all obligations under this amendment shall be effective as of June 1,
2013, regardless of the date of signatures indicated below.
First Amendment to Lease -- Space 9 Page 1 of 3
Page 157 of 234
4. Except as expressly modified or stated herein, all other terms and
conditions of the Lease remain in full force and effect.
CITY OF KENAI
By:
Rick R. Koch
Its: City Manager
ATTEST:
Name
Title
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
ALASKA REALTY GROUP, INC.
go
Kathy E. Chircop
Its: President
The foregoing instrument was acknowledged before me this day of
, 2013, by Rick Koch, City Manager of the City of Kenai, an
Alaska municipal corporation, on behalf of the City.
Notary Public in and for Alaska
My Commission expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY the foregoing instrument was acknowledged before
me this _ day of 2013, by Kathleen E. Chircop, President of
Alaska Realty Group, Inc., an Alaska corporation, on behalf of the corporation.
Notary Public in and for Alaska
My Commission expires:
First Amendment to Lease -- Space 9
Page 158 of 234
Page 2 of 3
Approved as to form:
Scott M. Bloom
City Attorney
AFTER RECORDING RETURN TO:
CITY OF KENAI
Attn: City Attorney
210 Fidalgo Avenue
Kenai, AK 99611 -7794
Y: \Dept - Airport\Leases \AK Realty Grp 1st Amend Lease Space9 050213.docx
First Amendment to Lease -- Space 9
Page 159 of 234
Page 3 of 3
x
S
A
®W
f / -J
1
f /
f f -
o Alaska Realty Group
I 1
1 1 1 I I
d �
6 ' a
,1I
6 + -
I
V / L 1 °
I
I I,
II '
p 1I 1 0
� I I
I I
/ d I
I I
1 1
I' 1
1 I
11 �
I
e
' x �
4.
Page 160 of 234
I
I
I
I
I
I
I
I
I
1
I
I
I
I
i
I
i
I
I
I
1
EXHIBIT A
K.W� "Se ,vLnWdwOmatW Kemta / PPer"ula%'
nal
305 K WILLOW ST. SURE 20O KENA, ALASKA 99611
TELEPHONE 907,283 -7951
FAX 907,2833737
Memo
+� To: Rick R. Koch — City Manage.
From: Mary L. Bondurant - Airport
Date: May 15, 2013
Subject: Renewal — Reddi Towing & Salvage, LLC, Special Use Permit for Lot 4,
Block 5, Cook Inlet Industrial Park
At the May 9, 2013, Airport Commission meeting, Commission reviewed Charlie Rediske,
owner of Reddi Towing & Salvage, LLC request to renew his Special Use permit under the same
terms and conditions for Lot 4, Block 5, Cook Inlet Industrial Park. The lot is used an impound
lot.
Mr. Rediske has continually leased this lot since August 15, 2007. The Special Use Permit will
be a one -year term with a permit fee of $400 per month based on 8% of the fair market value.
Mr. Rediski is current in all obligations to the City and Borough, conforms to the terms of the
permit, and his insurance company is rated A- or better by A.M. Best.
The Commission recommends to City Council that the City Manager renew the Special Use
Permit to Reddi Towing & Salvage, LLC for a one -year period, June 1, 2013 to May 31,
2014.
Please contact me if you have any questions.
Attachments
www.ci.kenai.ak.us.
Page 161 of 234
041JGIL013 14:30 7tll/ibb7a'] Ktll1SKt AIK HXAE U1101
REDDI TOWING & SALVAGE LLC
PO BOX 7079 NIKISKI, AK 99635 907 - 398.3966 907 776 -8989 FAX
April 30, 2013
City of Kenai
210 Fidalgo Ave
Kenai, Ak 99635
To Who it may concern:
Redd! Towing and Salvage would like to propose and additional 1 year lease @ $ 424.00 per month for
the property located at L4, B5 Cook Inlet Industrial Park.
Regards,... __...,,._
`�Y� ediske
Page 162 of 234
SPECIAL USE PERMIT
THE CITY OF KENAI (CITY) for the considerations and pursuant to the conditions and
requirements set forth below, hereby grants to REDDI TOWING & SALVAGE, LLC
(PERMITTEE), whose address is P.O. Box 7079, Nikiski, AK 99635, the non - exclusive
right to use that area described below:
Lot 4, Block 5, Cook Inlet Industrial Park, according to Plat No.
1448 (the Premises),
and as further shown in the attached Exhibit A.
1. TERM. This special use permit shall commence on the 15' day of June, 2013, and
shall extend to and through the 3151 day of May, 2014.
2. PERMIT FEES. The Permittee shall be charged a permit fee of $400.00 plus
applicable sales tax per month this Permit is in effect.
Permittee shall pay the City the monthly fee on or before the first day of each month
beginning June 1, 2013.
Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai
and delivered to the City Administration Building, Kenai, Alaska, 210 Fidalgo Avenue,
Kenai, Alaska 99611 on or before the fast of each month.
In addition to the permit fee specified above, Permittee agrees to pay to the appropriate
parties all levies, assessments, and charges as hereinafter provided:
a) Sales tax now enforced, or levied in the future, computed upon the permit fee
payable in monthly installments whether said fee is paid on a monthly or yearly
basis;
b) All necessary licenses and permits, pay all lawful taxes and assessments which,
during the term hereof may become a lien upon or which may be levied by the
State, Borough, City, or by any other tax levying body, upon any taxable
possessory right which Lessee may have in or to the Premises by reason of its use
or occupancy or by reason of the terms of this Permit, provided however, that
nothing herein contained shall prevent Permittee from contesting any increase in
such tax or assessment through procedures provided for by law.
Special Use Permit —Reddi Towing & Salvage, LLC Page 1 of 6
Page 163 of 234
c) Interest at the rate of eight percent (8%) per annum and penalties of ten percent
(10 %) of any amount of money owed under this Special Use Permit, which money
or fee not paid on or before the date it becomes due.
d) Costs and expenses incident to this Special Use Permit including, but not limited
to, recording costs.
3. USE. The use of the Premises by Permittee is limited to the purposes specified
herein. This use is subject to the reasonable administrative actions of the City of Kenai
for the protection and maintenance of the Premises and of adjacent and contiguous lands
or facilities. Use of the Premises is subject to the following conditions:
a) Permittee shall maintain the fence on the Premises in good repair. Any fence
repair and/or maintenance shall be completed from inside the fence.
b) Permittee shall use the Premises only for the storage of impounded vehicles (no
wrecked or junk vehicles).
4. INSURANCE. Permittee shall, throughout the term of this Permit, and at its own
expense, secure and keep in force adequate insurance, as stated below, to protect the City
and Permittee. Where specific limits are stated, the limits are the minimum acceptable
limits. If Permittee's insurance policy contains higher limits, the City is entitled to coverage
to the extent of the higher limits.
a) Garage liability that includes bodily injury and property damage with a combined
single limit of $1,000,000 and an aggregate limit of $2,000,000; also including
automobile liability insurance covering all owned, hired, and non -owned vehicles
with coverage limits not less than $250,000 combined single limit per occurrence.
b) Worker's compensation insurance with coverage for all employees engaged in work
under this Permit or at the Premises as required by AS 23.30.045, and, further,
Permittee is responsible to provide worker's compensation insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
All insurance required must meet the following additional requirements:
a) For garage liability insurance, name the City as an additional insured.
b) Provide the City with notification at least 30 days before any termination,
Special Use Permit —Reddi Towing & Salvage, LLC Page 2 of 6
Page 164 of 234
cancellation, or material change in insurance coverage of any policy required
hereunder.
C) All policies will be by a company /corporation currently rated "A "or better by
A.M. Best.
Evidence of Insurance Coverage:
a) Permittee shall submit to the City proof of continuous insurance coverage in the
form of insurance policies, certificates, endorsements, or a combination thereof,
and signed by a person authorized by the insurer to bind coverage on its behalf.
b) Evidence of insurance coverage must be submitted to the City by June 1, 2013.
The effective date of the insurance shall be no later than June 1, 2013.
The indemnification, hold harmless, and insurance coverage requirements stated herein
do not relieve the Permittee of any other obligation under this Permit.
The City may increase the amount or revise the type of required insurance on written
demand without requiring amendments to this Permit. The City will base any increase or
revision on reasonable and justifiable grounds. Within two weeks of the written demand,
the Permittee will submit to the City evidence of insurance coverage that meets the
requirements of the City.
5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT.
Pennittee agrees to fully indemnify, defend, and save harmless, the City of Kenai, its
officers, agents, employees, and volunteers from and against all actions, damages, costs,
liability, claims, losses, judgments, penalties, and expenses of every type and description,
including any fees and/or costs reasonably incurred by the City's staff attorneys and
outside attomeys and any fees and expenses incurred in enforcing this provision
(hereafter collectively referred to as "Liabilities "), to which any or all of them may be
subjected, to the extent such Liabilities are caused by or result from any negligent act or
omission or willful misconduct of the Permittee in connection with its use of the
Premises. This shall be a continuing release and shall remain in effect after termination of
this Special Use Permit.
6. PERMITTEE'S OBLIGATION TO PREVENT AND REMOVE LIENS.
Permittee will not permit any liens including, but not limited to, mechanics', laborers',
material men's, or mining liens or any other liens obtainable or available under existing
law, to stand against the Premises or improvements on the Premises for any labor or
Special Use Pennit —Reddi Towing & Salvage, LLC Page 3 of 6
Page 165 of 234
material furnished to Permittee or to any related entity or claimed to have been fiarnished
to Permittee or to the Pemrittee's agents, contractors, or related entities, in connection
with materials supplied to Permittee for its activities on the Premises and/or in connection
with work of any character performed or claimed to have been performed on the Premises
or improvements by or at the direction or sufferance of Permittee. Provided, however,
the Permittee shall have the right to provide a bond as contemplated by Alaska law and
contest the validity or amount of any such lien or claimed lien. Upon a final
determination of the lien or claim for lien, the Permittee will immediately pay any
judgment rendered with all proper costs and charges and shall have such lien released or
judgment satisfied at Permittee's own expense.
7. PERSONALITY. Permittee shall remove any and all personal property,
including all vehicles, from the Premises at the termination of this Permit (or any renewal
thereof). Personal property placed or used upon the Premises will be removed and/or
impounded by the City, if not removed upon termination of this Permit and when so
removed and/or impounded, such property may be redeemed by the owner thereof only
upon the payment to the City of the costs of removal plus storage charges of $25.00 per
day. The City of Kenai is not responsible for any damage to or theft of any personalty of
Permittee or of its customers.
S. FORBEARANCE. Failure to insist upon a strict compliance with the terms,
conditions, and/or any requirement herein contained, or referred to, shall not constitute or be
construed as a waiver or relinquishment of the right to exercise such terms, conditions, or
requirements.
9. MUTUAL CANCELLATION. This Permit may be cancelled in whole or in part
with six (6) months' written notice by Permittee or the City.
10, NO DISCRIMINATION. Permittee will not discriminate on the grounds of race,
color, religion, national origin, ancestry, age, or sex against any patron, employee,
applicant for employment, or other person or group of persons in any manner prohibited
by federal or State law. Permittee recognizes the right of the City to take any action
necessary to enforce this requirement.
11. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole or
any part of this Permit, the Premises, or any improvement on the Premises without the
written consent of the City. Unless the City specifically releases the Permittee in writing,
the City may hold the Permittee responsible for performing any obligation under this
Permit which an assignee fails to perform.
Special Use Permit —Reddi Towing & Salvage, LLC Page 4 of 6
Page 166 of 234
12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and
shall assume all risks incurred in its use of the Premises.
13. NO JOINT VENTURE. The City shall not be construed or held to be a partner
or joint venturer of Permittee in the conduct of its business or activities on the Premises.
14. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of
this permit shall survive the cancellation, termination or expiration of this permit.
15. AUTHORITY. By signing this Permit, Permittee represents that it has read this
agreement and it agrees to be bound by the terms and conditions herein and that the
person signing this Permit is duly authorized by the company to bind the company
hereunder.
CITY OF KENAI REDDI TOWING & SALVAGE LLC
M.
Rick R. Koch
City Manager
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
LN
Charles Rediske
Member
THIS IS TO CERTIFY that on the day of 2013, RICK R. KOCH,
City Manager, of the City of Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
Special Use Permit —Reddi Towing & Salvage, LLC
Page 167 of 234
Page 5 of 6
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of , 2013, the foregoing
instrument was acknowledged before me by CHARLES REDISKE, Member of Reddi
Towing & Salvage, LLC, and Alaska limited liability company, on behalf of the
Company.
Notary Public for Alaska
My Commission Expires:
Approved as form:
Scott M. Bloom
City Attorney
YADept - Airpor6SUMeddi Towing 050113.doex
Special Use Permit — Reddi Towing & Salvage. LLC Page 6 of 6
Page 168 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 170 of 234
MEMO:
" "Villaye with a Past, Git with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 tllllt
1992
TO: Mayor Porter and Council Members
FROM: Sandra Modigh, City Clerk
DATE: May 30, 2013
SUBJECT: Kenai City Council Policy for Commission, Committee, Board and Council
on Aging Meetings and Work Sessions
At its November 6, 2012 meeting, the Library Commission unanimously passed a motion to
request Council amend the commissions meeting schedule pursuant the Kenai City Council
Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions,
by reducing its meeting requirement from monthly to quarterly. The Commission would like to
meet the first Tuesday of February, May, August and November.
Since the review of commission /committee policies and procedures being conducted by the City
Manager, City Clerk and City Attorney has exceeded the timeframe originally expected, we
thought it to be appropriate, if Council so chooses, to make the amendment for the Library
Commission at this time.
Proposed motion:
I move to amend the Kenai City Council Policy for Commission, Committee, Board and Council
on Aging Meetings and Work Sessions, adopted on June 10, 2010, by reducing the Library
Commission's meeting schedule from monthly to quarterly, meeting on the first Tuesday of
February, May, August, and November.
Attachment
Page 171 of 234
KENAI CITY COUNCII, POLICY FOR
COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING
MEETINGS AND WORK SESSIONS
Commission, Committee Board Reappointment:
If, after a term (or consecutive term) of appointment has been completed, a commission,
committee or board member would like to be reappointed for an additional term, an application
must be submitted to council for consideration and approval.
Formation of Subcommittees of Commissions, Committees or Boards:
A subcommittee of a commission, committee or board may be formed for a specific function if
upon review by administration, it is indicated the subcommittee would be a governmental body
and a subcommittee of a public entity and if the formation is approved by Council.
If a subcommittee is approved by Council, the meetings of the subcommittee must be open to
the public; meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall
and on the city website at least five (5) days prior to the meeting; and the meetings may be
electronically recorded and the recordings (the official record) stored in the City Clerk's Office.
Meetina Schedules:
Until further notice, the commission /committee meeting schedule is as follows;
Commission /Committee /Board
Meeting Schedule
Scheduled Mee#ng Days
Planning & Zoning Commission
Twice monthly
January through December,
Second & Fourth Wednesdays
Library Commission
Monthly
First Tuesday of the month.
Council on Aging
Monthly
Second Thursday of the month.
Beautification Committee
Meetings held January,
Second Tuesday of the month.
April, May, September
and October
Parke & Recreation Commission
Meetings held August,
First Thursday of the month.
October, December,
February, and April
Airport Commission
Monthly
Second Thursday of the month.
Harbor Commission
Monthly
First Monday after first council
meeting of the month.
Advisory Cemetery Committee
Monthly
Third Thursday of the month.
(Sunsets on December 31,
2010.
1. Commission, committees and boards, including labrary, Parks & Recreation and
Airport Commissions and Beautification Committee, shall meet as listed above.
2. Council on Aging shall meet monthly at the Kenai Senior Center.
3. Planning & Zoning Commission and the Personnel Arbitration Board is
exempted from this meeting directive.
4. Commissions, committees, boards and the Council on Aging may, with the City
Clerk's approval and notification of Council and City Manager, hold special meetings (for a
specific purpose) on an as- needed basis.
5. Commission, committee and board meetings may be cancelled by the City Clerk,
with notification of Council and City Manager, if cancellation is warranted, i.e. lack of agenda
items, pre - knowledge of lack of quorum, etc.
Page 172 of 234
KENAI CITY COUNCIL POLICY FOR
COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING
MEETINGS AND WORK SESSIONS
PAGE 2
6. All commission, committee and board meetings (except Council on Aging) will be
held at Kenai City Hall and begin at 7:00 p.m. Council on Aging meetings will be held at the
Kenai Senior Center and begin at 4:30 p.m. Exceptions for subcommittee meetings may be
made with advance notice to and approval by the City Clerk.
7. Any additional commissions, committees, or boards formed will be set and
incorporated into the following meeting schedule by the City Council.
Minutes /Meeting Recording:
8. Excepting the Planning & Zoning Commission and Personnel Arbitration Board,
responsibility of taking notes and electronically recording the commission, committee, board
meetings, falls to the department liaison (staff member) to the specific meeting group.
9. Summary minutes will be produced by the City Clerk from the department
liaison notes and provided to the City Council as official records of the meetings.
10. Electronic recordings of the meeting group, except the Planning & Zoning
Commission, shall be kept for two years.
11. Planning & Zoning Commission meeting recordings shall continue to be kept for
six years.
Work Sessions:
12. Commission, committees and boards shall receive the City Clerk's approval to
hold work sessions to be held on a date other than that of a regularly scheduled meeting or at
a time immediately prior to a regularly scheduled meeting, i.e. a 6:00 p.m. work session before
a 7:00 p.m. meeting.
13. Work sessions may not be held without the approval of the City Clerk unless
they occur on the night of and at the time of a regularly - scheduled advertised meeting.
14. During work sessions, only items on the work session agenda may be discussed
and no formal actions may be taken.
15. All commission, committee and board meetings must be given appropriate
public notice.
Basic Meeting Information:
16. Rules of Order: Pursuant to KMC 1.15.120(b) and KMC 1.90.050(c), in all
matters of parliamentary procedure, Roberts Rules of Order, as revised shall be applicable and
govern all meetings, unless as specified in KMC 1. 15.060 (motions), KMC 1.15.100 (speaking),
and KMC 1.15.110 (voting).
17. Quorum: No meeting may proceed in the absence of a quorum, i.e. a quorum is
more than one -half of the board /commission (quorum of the whole).
18. Motion: Pursuant to KMC 1.15.060(k), all motions require a second. A majority
of votes is required to pass a motion (three, if a five -member board; four, if a seven -member
commission; five, votes if a nine- member board).
19. Speaking: In a meeting, members should be recognized by the Chair before
speaking.
20. When is it a Meeting ?: If any public business is discussed collectively by four
or a majority of members of one commission, committee, board, or council.
EFFECTIVE:
This directive shall take effect June 17, 2010 and remain in effect until modified by the Kenai
City Council.
Page 173 of 234
KENAI CITY COUNCIL POLICY FOR
COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING
MEETINGS AND WORK SESSIONS
PAGE 3
Approved by the Kenai City Council on the 16th d of 1 2010.
PAT PORT DR, R, MAYOR
ATTEST:
Lod
Carol L. Freas, tit3TClerk
clf
Revised 6/16/2010
Page 174 of 234
MEMORANDUM
"'Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tllll
199]
TO: Honorable Mayor and City Council Members
FROM: Sandra Modigh, City Cl
DATE: May 30, 2013
RE: Restaurant Designation Permit #3239
Jennifer Lee, d /b /a New Peking Chinese Restaurant
The City has received notification that Jennifer Lee, d /b /a New Peking Chinese Restaurant has
submitted an application to the Alcoholic Beverage Control Board for a Restaurant Designation
Permit. Pursuant to Alaska Statutes, this permit allows access of persons under 21 years of
age to designated licensed premises for the purpose of dining, and persons under the age of 20
for employment. The application allows the local governing body to file a protest within 60 days
of receipt of the notice, which was received on April 18, 2013.
Pursuant to KMC 2.40, a review of accounts was completed and administration finds the
applicant has satisfied all obligations to the City.
Recommendation:
To direct the City Clerk to forward a letter to the Alcoholic Beverage Control Board advising the
City has no objection to the approval of Restaurant Designation Permit #3239 for Jennifer Lee,
d /b /a New Peking Chinese Restaurant.
Page 175 of 234
MEMORANDUM
"villaye with a Past, IGi� with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907- 283 -75351 FAX: 907- 283 -3014 'IIII.
1992
TO: Gus Sandahl, Chief of Police
Christine Cunningham, Lands Manager
Terry Eubank, Finance Department
Scott Bloom, Legal Department
FROM: Sandra Modigh, City Clerl
DATE: May 22, 2013 VVV���JJJ
RE: Application for Restaurant Designation Permit
The Alcoholic Beverage Control Board has sent notification that the following applicant is seeking a
Restaurant Designation Permit:
Applicant: Jennifer Lee
D /B /A: New Peking Chinese Restaurant
Granting of this permit allows access of persons under 21 years of age to designated licensed premises
for the purpose of dining, and persons under the age of 20 for employment.
Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for
licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all
obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any
activity of said license holder or applicant.
Please review account(s) maintained by your department (i.e. water and sewer billings, lease /property
payment history, citations, etc.) by the above reference applicant and advise if account(s) and /or payment
plan(s) are current or delinquent. Mark the appropriate box below. If accounts are delinquent, attach
information to this memorandum indicating amounts owed and for which accounts. Please let me know if
you have any questions. Thanks.
Once you have completed your section, please route to the next department.
1. Police Department /"1---initials
I have reviewed all account(s) for my department and the applicant is current or accrium(s) do not exist.
The applicant has delinquent acccunt(s) and an additional page has been attached.
2. ands Management _4KZinitials
have reviewed all account(s) for my department and the applicant is current or account(s) do not exist.
❑ The applicapt has delinquent account(s) and an additional page has been attached.
3. Finance `;'L'. initials
I have reviewed all account(s) for my department and the applicant is current or account(s) do not exist.
OThe applicant has delinquent account(s) and an additional page has been attached.
p�l1
4. Legal �! initials
® 1 have reviewed all account(s) for my department and the applicant is current or account(s) do not exist.
E) The applicant has delmynt gccounl(s) and an additionai page has been attached.
Returned to Clerk's office .
May 9, 2013
KENAI PENINSULA BOROUGH
144 North Binkley Street • Soldotna, Alaska 99669 -7520
PHONE: (907) 714 -2160 • FAX: (907) 714 -2388
Toll -free within the Borough: 1- 800 - 478 -4441 Ext. 2160
Email: assemblyclerk @borough.kenai.ak.us
Ms. Christine Lambert
Records & Licensing Supervisor
Alcoholic Beverage Control Board
2400 Viking Drive
Anchorage, AK 99501 -1768
RE: Non - Objection of Restaurant Designation Permit
Business Name
License Location
License No.
Dear Ms. Lambert,
JOHNI BLANKENSHIP, MMC
BOROUGH CLERK
New Peking Chinese Restaurant
City of Kenai
3239
This serves to advise that the Finance Department has reviewed the above referenced
application and has no objection to the issuance of the Restaurant Designation Permit.
Should you have any questions, or need additional information, please don't hesitate to let us
know.
Sincerely,
Johni Blankenship, MMC
Borough Clerk
JB /klr
cc: Applicant
City of Kenai
KPB Finance Department
File
Page 177 of 234
04/18/2013 15:35 9072729412 ABC BDARD PAGE 02/02
6TATLOPALABRA
ALCOHOLIC :; IVG.D
OHOLIC BSVRRAfM CONTRDL "A"
A"UCAT1ON FM iIPBTAUUW DR81ONATWNUMW -AS 4""0 A is AAC 3FiW&M
Pg'8: tidF.aF
TpegrmMtg of flda F� ,Dora; acoeYC ofpereaos opde<21 yeetofage ro aeaigiaeme 8aemea pravaea brpurpocee ofdipiagraedpeteams
under Weege ot206x tmpkylamt If�r 01ePl6Y�.P�taneie deet0, bovMe parap'trdlMaagleyed, dutfea, eta
(pmse mark &d"dtnm) K :, iGiryClerWs0ifice
X t>naarl3AAC1oa3o5 Hmaddermmaaaltmtiagpkm 7AOeneN 32-5q 2 „�,_Pmamwa®rlam2oivtydke,
3 ..�S,.Ptvaa® tmdte 16 Uy�e Nmr@ otad by a Foam 21 yam of ddm
4 nP/ .4 -Penew balaeep 16 mi 20 yeme of age myW aMpj*V 1, *(Sm nob bdow).
L1CVBI;e: l)PALAAA-
MEW M
HavepoHoeacarbm°a0ed to ymrprmdam by yeoeranyone aim ftmy mmee: [ ] Yea
Irm &M(a) W j%(No
h.
3. • Ducks of employment IVY —)
4. Am video gores- avdkbk ro die papl4c 00 yaw premitwy _NO
5. Do you provkk tertaekbmmr: [ ] Ym 000 ifyea, desgl m
Hew it iwd awed? Table Seevioexmet 9avlo_Conueer Senloem06g+
Is ft owrw, meaagre, or m, , amen da'ey w amt dmbg bmbps home? [>(Yw [ ) No
•eR A M M AND A D$TAMW IACXMW PRA DIAGRAM MUST ACCOMPANY TWS APPLICATION +•t
4 of On Abdo ataeam sad ib regukeoM.
ewom m befire Me thin
my Cammimion taPhw
Leal Gamnia6 BOAF Appvrd
Dare:
Ialreeter,ADC Soard
l �F A�V��P P`� Dam:
'au%mWes l6 aad l7 year - ofage moat pave a valid ref VMIM and a Ww mabraiocd m your Sips from a patem or guardian
avlbecixing aagrbymmt ar your wtabDsbmcnt.
"IfWort apace is re"hed, m eapkia food service, mtetmlmea4 at�, plmte odd on buck or dbeh uNhiu" pege(s).
ABC Board
Updapa: 2f2012013 2400 VMV Drive Phone: 907-263-5M
Anchorage AK 88507 Fete 907-263-%30
Page 178 of 234
J l H l t OF ALASKA
ALCOHOL BEVERAGE CONTROL BOARD
Licensed Premises Diagram
INSTRUCTIONS: Draw a detailed tloorplun ory
show all entrances and exits, and all Fixtures sucil as
tables, booths, Proposed licensed premises on the =raph belo,,;
a nes, counters, bars, coolers, stages, etc.
DBA: Ale.t, O.b.._ _ /J l
PREMISES LOCATION:
Indicate scale by x after appropriate statement orshow length and width of remises.
P 1 SQ. > 4 FT
SCALE A: I SQ. = I FT.
�--- -- SCALE B:
Length and width of premises in feet:
Outline the area to be desienated for sale, service, storage, and consumption of al cob o
DO NOT USE BLUE INK OR PENCIL ON THIS DIAGRAM. lic beverages in red.
Page 179 of 234 - --
7-
ri l)
frnl
IQS 4-
66
co M
.�
d �Q ® El �i ® M ® \i
� ray \y Cn C
ii V IM y� p T Y m
V 0 C) CL LL u
n
W m °i a m 3 gi o of m w
'A to wma ¢ rna� m
a E
Iy�jo
to Y7 m �' � '� a T
yy y
z
rn 0°ii 3 3 r '0 �r
w W ,n m U In °1 s] m¢
V) W Y
7 N
0 2qLL Wgi N u� C '
_
O
..J a m°o o!9a�qi u'y® N =iii v
\\sd 3'�v;n ^' cwoEiu.�i
U
5E `a °v. Pm=ycw`n 10 >'wa° o
n q m° .
A dd1
A `m wdny .g is a¢ ma
a c Y'i •//��.. W m°38im
y m y i N W Vl rn
6 A W _ b l
ym_a�D � E cue in 3EuV dam. spp5u
O y9")�LLjp i��//y9m myLL Ri �y�3°]LL CO`� pVryyNOq � M �Q�W NN
13 •°•LL CII fOYVT i,i O�mzz'Ob i4' 'L 9C EU. y6 V' 6jL �
�313NY G OLLO °OYiO S° °IL OH y' VIUIL
3 Q U W^ 6 M 1 O T C - M O_ mi t2 N O yI W Vl
FFR�°°YYYY O^ °Q O.YI 26C 6rj�
o7�um 0 Ot
w
w ym 3w y� w u� c 301 A U m
!,pEj Emo tn° a d c
T
O` m C�ymATCCCCC] °LL°-Fp ^ =Q 3d x ry 7 iQ N 'Nyp mL�]mm Y°gi l opy9 tm)m ! by°LL u
W°yN _
LL5
qA RX F0 AA c On ou .
aTs0 O°Im¢ m °E
W __Y __ 0i
------------ ---- _ ------------ ____________
m 3 6 NAQY ¢ci W
f -
o c N
°+Qa3 3¢ °9`3 Sei ]¢a LLL^ mm LLw'��i .. P4 �23w rnm m
ym y c oE0'� per.. N fLL O
W yd 1 W 01
NN Cyv1
Page 180 of 234
ya Ow 0
2 oadv
�tt� rr
0
(b
Lq `m3 Li
Um
S S
'0 a 0
E 2
2' Ag
ZO
01; m m U v W.
E c 0 z
0 zg
0
Q 1 0
E2
Utq�U!'O
NN NN NNNN NN I° b NO b10NNNNN
0 C5 C6 ci q 1°
-mo WITS v ff. 1
2? 2 45 Q
c 2 L) w
12 A
E
-E CD (n wW w
, . <
iUmU
3t 3: 3� go i. a
0
md E E
NE aN 0 Z
0 OU 86 if
i li L15 (d w
rS4 6 6 , cd 0; 6
1616 6 N
2 2 00 2 T
C�
n m C2
m
E
'0
W
eL
Ja U W
zt R
mo 0
ZD
S2
2 > t Om upon mom °o 0
-0
E 0 z - Z5 Es E
w- �zi Z5 iE �5
0 0 a q0
Y I i x a,
Q
N 16 4,66 P� 6 m 6
4,6,6
`Page 181 of 234
O
cd X0
z ow
gay
ya Ow 0
2 oadv
�tt� rr
0
(b
Lq `m3 Li
Um
S S
'0 a 0
E 2
2' Ag
ZO
01; m m U v W.
E c 0 z
0 zg
0
Q 1 0
E2
Utq�U!'O
NN NN NNNN NN I° b NO b10NNNNN
0 C5 C6 ci q 1°
-mo WITS v ff. 1
2? 2 45 Q
c 2 L) w
12 A
E
-E CD (n wW w
, . <
iUmU
3t 3: 3� go i. a
0
md E E
NE aN 0 Z
0 OU 86 if
i li L15 (d w
rS4 6 6 , cd 0; 6
1616 6 N
2 2 00 2 T
C�
n m C2
m
E
'0
W
eL
Ja U W
zt R
mo 0
ZD
S2
2 > t Om upon mom °o 0
-0
E 0 z - Z5 Es E
w- �zi Z5 iE �5
0 0 a q0
Y I i x a,
Q
N 16 4,66 P� 6 m 6
4,6,6
`Page 181 of 234
O
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 182 of 234
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2706 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING GRANTS IN THE AMOUNT OF $375,000 FROM THE FEDERAL
AVIATION ADMINISTRATION AND $12,500 FROM THE STATE OF ALASKA IN THE
AIRPORT IMPROVEMENT CAPITAL PROJECT FUND AND APPROPRIATING $12,500
IN THE AIRPORT AND AIRPORT IMPROVEMETNS CAPITAL PROJECT FUND, ALL FOR
THE OBSTRUCTION TREE REMOVAL PROJECT.
WHEREAS, the City received a letter of correction from the Federal Aviation
Administration (FAA) indicating trees on the southwest side of runway 1L /19R
penetrate the imaginary surfaces of Federal Aviation Regulations Part 77 and a
potential hazard to aviation and should be identified and removed; and
WHEREAS, under the provisions of Part 77, along with federal grant obligations, the
City of Kenai, as Airport owner, must take appropriate action to assure that the
airspace required to protect instrument and visual operations to the Airport will be
adequately cleared and protected; and
WHEREAS, the City has been given a correction date of September 30, 2013; and
WHEREAS, the City conducted an Environmental Assessment in accordance with the
National Environmental Policy Act (NEPA) and FAA environmental guidelines that
included significant public involvement; and
WHEREAS, the FAA has indicated that the entire project estimated at $ 400,000 will
be eligible for reimbursement (93.75% FAA and 6.25% split between the State of
Alaska Department of Transportation and the City of Kenai).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form. That this is a non -code ordinance.
Section 2. That the City Manager is authorized to accept grants from the Federal
Aviation Administration and the State of Alaska in the amounts of $375,000 and
$12,500 respectively for the Kenai Municipal Airport's Obstruction Tree Removal
Project and to execute grant agreements and to expend the grant funds to fulfill the
purpose and intent of this ordinance.
Page 183 of 234
Ordinance 2706 -2013
Page 2 of 2
Section 3. That estimated revenues and appropriations be increased as follows:
Airport Fund
Increase Estimated Revenues:
Appropriation of Fund Balance $12.500
Increase Appropriations:
Transfer to Airport Improvement Capital
Project Fund $12 aw
Airport Improvement Capital Proiect Fund
Increase Estimated Revenues:
Federal Grants $375,000
State Grants 12,500
Transfer From Airport Fund 12.500
$
Increase Appropriations:
Obstruction Tree Removal
Construction $400�Q0
Section 4. That pursuant to KMC 1.15.070(1) this Ordinance shall take effect
immediately upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June,
2013.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: June 5, 2013
Enacted: June 19, 2013
Effective: June 19, 2013
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 184 of 234
Municipal Airport
Memo
0 M
r
305 N. WaLOW ST. SURE 200 KENAI, ALASKA 98611
TELEPHONE 907- 2$37957
FAX 907,283a737
To: Rick R. Koch - City Manager
From: Mary Bondurant - Airport Manager
Date: May 29, 2013
Subject: Fund Appropriation — Obstruction Tree Removal Project
The FAA issued a Letter of Correction to the Kenai Municipal Airport to remove tree obstructions that
penetrate the Part 77 surfaces and present a potential hazard to aviation. The letter gave the City a
correction date of September 30, 2013.
In order to keep the project moving forward in a timely order, an ordinance appropriating funds should be
included in the June 5, 2013 Council packet. Since the bid opening is not until May 29, 2013, the
ordinance will have an estimated project cost. After the bid opening and verification of the successful
bidder, a grant application with the actual project costs will be sent to the FAA for consideration. Upon
receipt of the FAA grant offer, a substitute ordinance will be included in the June 19, 2013 Council packet
for Council approval. The Obstruction Tree Removal Project is scheduled to begin after July 15, 2013
If you have any questions, please contact me.
Cc: Terry Eubank — Finance Manager
www.kenai.airport.com
Page 185 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 186 of 234
Suggested by: Administration
CITY OF KENAI
NO. 2707 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A GRANT IN THE AMOUNT OF $90,000 FROM THE STATE OF
ALASKA FOR THE PUBLIC SAFETY CAPITAL PROJECT FUND.
WHEREAS, Senate Bill 18 authorized a grant for the City in the amount of $90,000 for
the purchase of a new firefighting rescue boat; and,
WHEREAS, Senate Bill 18 was signed by Governor Parnell on May 22, 2013 and
funding becomes available July 1, 2013; and,
WHEREAS, these grant funds will be used for the purchase of a new
firefighting /rescue boat and related appurtenances to replace the City's aging boat to
provide continued water rescue capabilities for the department in the Kenai River and
its mouth in Cook Inlet; and,
WHEREAS, acceptance of this grant is in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form. That this is a non -code ordinance.
Section 2. That the City Manager is authorized to accept a grant from the State of
Alaska in the amount of $90,000 for purchase of a new firefighting /rescue boat and
related appurtenances and is authorized to execute a grant agreement and to expend
the grant funds to fulfill the purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
Public Safety Capital Proiect Fund
Increase Estimated Revenues:
State Grants $9�0
Increase Appropriations:
Firefighting Rescue Boat
Machinery & Equipment $
Section 4. That pursuant to KMC 1.15.070(fl this Ordinance shall take effect on July
1, 2013.
Page 187 of 234
Ordinance 2707 -2013
Page 2 of 2
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June,
2013.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
New Tex[ Underlined;
PAT PORTER, MAYOR
Introduced: June 5, 2013
Enacted: June 19, 2013
Effective: July 1, 2013
TEXT BRACKETED]
Page 188 of 234
V
"'Vil(aye with a Past, Ci� with a Future"
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
�KTo: Rick Koch, City Manager
71 From: Terry Eubank, Finance Director
Date: May 29, 2013
Re: Ordinance 2707 -2013
The purpose of this memo is to provide supporting information for Ordinance 2707 -2013.
Ordinance 2707 -2013 will appropriate grant funds received from the State of Alaska for the
purchase of a fire/rescue boat for the Kenai Fire Department.
The City operates a Federal Aviation Administration designated Part 139 Airport with over
twenty regularly scheduled passenger flights per day. The airport's southern approach is over
Cook Inlet and the mouth of the Kenai River creating the need for water rescue capabilities. The
department must also respond to sunk or swamped marine vessels operating in the Kenai River
and Cook Inlet near the River's mouth. This funding will replace the department's existing
aging rescue boat that is in need of approximately $40,000 in repairs and requires approximately
$7,500 in annual maintenance due predominately to its age. .
Page 189 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 190 of 234
l
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2708 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A GRANT IN THE AMOUNT OF $2,500,000 FROM THE STATE
OF ALASKA FOR THE WATER AND SEWER CAPITAL PROJECT FUND.
WHEREAS, SB18 granted the City $2,500,000 for construction of a new water storage
reservoir; and,
WHEREAS, SB18 was signed by Governor Parnell on May 22, 2013 and funding
becomes available July 1, 2013; and,
WHEREAS, the continued reliable operation of the City's water production and
distribution system is contingent upon construction of a new water storage reservoir
that will meet the existing and future water storage requirements of the City, provide
system redundancy, and provide alternate storage during major maintenance to the
City's existing 3- million gallon reservoir; and,
WHEREAS, acceptance of this grant is in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA.
Section 1. Form. That this is a non -code ordinance.
Section 2. That the City Manager is authorized to accept a grant from the State of
Alaska in the amount of $2,500,000 for construction of a new water storage reservoir
and is authorized to execute a grant agreement and to expend the grant funds to fulfill
the purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
Water and Sewer Capital Proiect Fund
Increase Estimated Revenues:
State Grants $2.500.000
Increase Appropriations:
New Water Storage Facility Construction
Construction $2.500.000
Section 4. That pursuant to KMC 1. 15.070(f) this Ordinance shall take effect on July
1, 2013.
Page 191 of 234
Ordinance 2708 -2013
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June,
2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: Gy"— Introduced: June 5, 2013
Adopted: June 19, 2013
Effective: July 1, 2013
New Text Underlined; DELETED TEXT BRACKETED]
Page 192 of 234
V
"V'1149e with a Past, C# with a Future '
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
To: Rick Koch, City Manager
From: Terry Eubank, Finance Director
Date: May 29, 2013
Re: Ordinance 2708 -2013
The purpose of this memo is to provide supporting information for Ordinance 2708 -2013.
Ordinance 2708 -2013 will appropriate grant funds received from the State of Alaska for the
construction of a new water storage facility for the City's Water and Sewer Utility.
The City's existing 3- million gallon reservoir was constructed in 1978 and has been in
continuous service for 34 years. The reservoir has performed in an exemplary manner, providing
adequate storage to meet domestic, industrial, and fire protection needs for the community. In
2011, the City hired a consultant to perform a condition survey of the existing reservoir who
determined, "the interior coating system shows signs of extensive coating failure after its years
of service. The roof coating has failed over 30% of the surface and the shell coating has blisters
on 85% of the shell surfaces. The wall blisters are beginning to crack and cause large scale
underfilm corrosion and delamination. There is no serious metal loss at this time but the tank
will probably need to be repainted in 1 -3 years."
Construction of a new water storage reservoir will provide for the continued reliable operation of
the City's water production and distribution system, will meet the existing and future water
storage requirements of the City, provide system redundancy, and provide alternate storage
during major maintenance to the City's existing 3- million gallon reservoir.
Page 193 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 194 of 234
Suggested by: Administration
CITY OF KENAI
NO. 2709 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A GRANT IN THE AMOUNT OF $110,000 FROM THE STATE OF
ALASKA FOR THE PUBLIC SAFETY CAPITAL PROJECT FUND.
WHEREAS, SB18 granted the City $110,000 for improvements at the Kenai Public
Safety Building; and,
WHEREAS, SB18 was signed by Governor Parnell on May 22, 2013 and becomes
available July 1, 2013; and,
WHEREAS, these grant funds will be used for building and infrastructure
improvements at the Kenai Public Safety Building; and,
WHEREAS, acceptance of this grant is in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
Section 1. Form. That this is a non -code ordinance.
Section 2. That the City Manager is authorized to accept a grant from the State of
Alaska in the amount of $110,000 for Public Safety Building improvements and is
authorized to execute a grant agreement and to expend the grant funds to fulfill the
purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
Public Safety Capital Project Fund
Increase Estimated Revenues:
State Grants $110.000
Increase Appropriations:
Buildings $ 13
Section 4. That pursuant to KMC 1. 15.0700 this Ordinance shall take effect on July
1, 2013.
Page 195 of 234
Ordinance 2709 -2013
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June,
2013.
PAT PORTER, MAYOR
ATTEST;
Sandra Modigh, City Clerk
Approved by Finance:
New Text Underlined; IDELETED TEXT
Page 196 of 234
Introduced: June 5, 2013
Adopted: June 19, 2013
Effective: July 1, 2013
"Villaye with a Past, C# with a Future
__•`_- FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
\Me city Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
M
PTo: Rick Koch, City Manager
`%From: Terry Eubank, Finance Director
Date: May 29, 2013
Re: Ordinance 2709 -2013
The purpose of this memo is to provide supporting information for Ordinance 2709 -2013.
Ordinance 2709 -2013 will appropriate grant funds received from the State of Alaska for the
improvements at the Kenai Public Safety Building.
The Kenai Public Safely Building houses the City's Police, Fire, and Communications (911
Dispatch) departments. These grant funds will be used for building and infrastructure
improvements at the Kenai Public Safety Building.
Page 197 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 198 of 234
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2710 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATING A GRANT IN THE AMOUNT OF $150,000 FROM THE STATE OF
ALASKA FOR THE PERSONAL USE FISHERY CAPITAL PROJECT FUND.
WHEREAS, Senate Bill 18 authorized a grant for the City in the amount of $150,000
for Personal Use Fishery improvements; and,
WHEREAS, Senate Bill 18 was signed by Governor Parnell on May 22, 2013 and
funding become available July 1, 2013; and,
WHEREAS, these grant funds will be used for the reconstruction of Meeks Trail which
was damaged during fall 2012 rains and to purchase equipment and make
improvements needed for management of City property during the annual Personal
Use Fishery at the mouth of the Kenai River; and,
WHEREAS, acceptance of this grant is in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form. That this is a non -code ordinance.
Section 2. That the City Manager is authorized to accept a grant from the State of
Alaska in the amount of $150,000 for Personal Use Fishery improvements and is
authorized to execute a grant agreement and to expend the grant funds to fulfill the
purpose and intent of this ordinance.
Section 3. That estimated revenues and appropriations be increased as follows:
Personal Use Fishery Capital Proiect Fund
Increase Estimated Revenues:
State Grants $
Increase Appropriations:
Meeks Trail Reconstruction
Construction $ 70,000
Other Personal Use Fishery Needs
Machinery & Equipment 80,000
$150.000
Section 4. That pursuant to KMC 1. 15.070(1) this Ordinance shall take effect on July
1, 2013.
Page 199 of 234
Ordinance 2710 -2013
Page 2 of 2
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June,
2013.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance: —7�
PAT PORTER, MAYOR
Introduced: June S, 2013
Enacted: June 19, 2013
Effective: July 1, 2013
New Text Underlined; DELETED TEXT BRACKETED]
Page 200 of 234
71
ilk-
me ci ,
V
To: Rick Koch, City Manager
"Villaye with a Past, C# with a Future
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 2211 FAX: 907 - 283 -3014
From: Terry Eubank, Finance Director
Date: May 29, 2013
Re: Ordinance 2710 -2013
The purpose of this memo is to provide supporting information for Ordinance 2710 -2013.
Ordinance 2710 -2013 will appropriate grant funds received from the State of Alaska for Personal
Use Fishery improvements.
The Ordinance will provide funding for the reconstruction of Meeks Trail that was significantly
damaged during the fall 2012 rains and for other capital improvements and equipment to assist
the City in management and protection of City assets during the annual State of Alaska Personal
Use Fishery.
Page 201 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 202 of 234
COUNCIL ON AGING MEETING
MAY 9, 2013
KENAI SENIOR CENTER
4:30 P.M.
CHAIR MARK NECESSARY, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Chair Necessary called the meeting to order at 4:30 p.m. Roll was confirmed as follows:
Members present: Chair M. Necessary, J. Hollier, L. Flowers, M. Milewski, V. Geller,
R. Osborn, L. Nelson, K. Rogers
Members absent: E. Jones (excused)
Staff /Council Liaison present:Senior Center Director R. Craig, Council Member R. Molloy
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Member Flowers MOVED to approve the agenda and Member Osborn SECONDED the motion.
There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY— March 14, 2013
MOTION:
Member Osborn MOVED to approve the meeting summary of March 14, 2013 and Member
Milewski SECONDED the motion. There were no objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Linda Swarner— Kenai Peninsula Food Bank
Ms. Swarner gave an overview of the program, how it benefits the community and the senior
population, and its volunteer program.
5. UNFINISHED BUSINESS — None.
6. NEW BUSINESS — None.
REPORTS
a. Senior Center Director — Craig reported the latest grants were completed, the
United Way presentation would be next week, and the May 17 dance.
b. Council on Aging Chair— No report.
Page 203 of 234
C. City Council Liaison — Molloy reported on the April 22 budget work session and
the May 15 City Council meeting.
8. NEXT MEETING ATTENDANCE NOTIFICATION — June 13, 2013
No members requested an excused absence from the June 13 meeting.
9. QUESTIONS & COMMENTS
General questions were asked regarding the CDBG grant and the overlap of activities.
10. PERSONS NOT SCHEDULED TO BE HEARD — None.
11. INFORMATION — None.
12. ADJOURNMENT
MOTION:
Member Geller MOVED to adjourn and Member Rogers SECONDED the motion. There were
no objections. SO ORDERED.
There being no further business before the Council, the meeting was adjourned at 5:55 p.m.
Meeting summary prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
Page 204 of 234
COUNCIL ON AGING MEETING
MAY 9, 2013
PAGE 2
KENAI AIRPORT COMMISSION
MAY 9, 2013
KENAI CITY COUNCIL CHAMBERS
7:00 P.M.
CHAIR HENRY KNACKSTEDT, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER AND ROLL CALL
Chair Knackstedt called the meeting to order at 7:00 p.m. Roll was confirmed as follows:
Commissioners present: Chair H. Knackstedt, J. Bielefeld, G.Feeken, A. McClure,
L. Porter
Commissioners absent: J. Zirul, K. Roser
Staff /Council Liaison present: Airport Manager M. Bondurant, Assistant E. Shinn, Council
Member B. Gabriel
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Bielefeld MOVED to approve the agenda and Commissioner Porter SECONDED
the motion. There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY — April 11, 2013
MOTION:
Commissioner Bielefeld MOVED to approve the meeting summary of April 11, 2013 and
Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD — None.
5. UNFINISHED BUSINESS — None.
6. NEW BUSINESS
a. Reddi Towing and Salvage, LLC -- Renewal of Special Use Permit
MOTION:
Commissioner Bielefeld MOVED to recommend approval of the special use permit and
Commissioner Porter SECONDED the motion.
VOTE:
Commissioners voting YEA: Bielefeld, Knackstedt, Feeken, McClure, Porter
Commissioners voting NAY:
Page 205 of 234
MOTION PASSED UNANIMOUSLY.
b. Alaska Realty Group, Inc. — First Amendment to Lease
MOTION:
Commissioner Feeken MOVED to recommend approval of the first amendment to the lease and
Commissioner McClure SECONDED the motion.
VOTE:
Commissioners voting YEA: Bielefeld, Knackstedt, Feeken, McClure, Porter
Commissioners voting NAY:
MOTION PASSED UNANIMOUSLY.
C. Alaska Realty Group, Inc. — Second Amendment to Lease
MOTION:
Commissioner Feeken MOVED to recommend approval of the second amendment to the lease
and Commissioner McClure SECONDED the motion.
VOTE:
Commissioners voting YEA: Bielefeld, Knackstedt, Feeken, McClure, Porter
Commissioners voting NAY:
MOTION PASSED UNANIMOUSLY.
REPORT
a. Commission Chair — Knackstedt gave a general interview regarding the
Peninsula Air Fair to the Peninsula Clarion.
b. Airport Manager — Bondurant reported she and Shinn attended the Great Alaska
Aviation Gathering on May 3 — 5; pre -bid for tree obstruction removal would be
May 15; and, Lake and Pen Air, a new air carrier, would begin operating out of
the terminal soon.
C. City Council Liaison — Gabriel reported on the April 17 and May 1 City Council
meetings.
8. NEXT MEETING ATTENDANCE NOTIFICATION — June 13, 2013
No commissioners requested an excused absence from the June 13 meeting.
AIRPORT COMMISSION MEETING
MAY 9, 2013
PAGE 2
Page 206 of 234
9. COMMISSIONER COMMENTS AND QUESTIONS — None.
10. PERSONS NOT SCHEDULED TO BE HEARD — None.
11. INFORMATION ITEMS
a. March 2013 Enplanements
b. April 2013 Airport Manager's Report
12. ADJOURNMENT
MOTION:
Commissioner Bielefeld MOVED to adjourn and Commissioner McClure SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at 7:25
p.m.
Meeting summary prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
Page 207 of 234
AIRPORT COMMISSION MEETING
MAY 9, 2013
PAGE 3
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 208 of 234
KENAI BEAUTIFICATION COMMITTEE
MAY 14, 2013 - 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR CONNIE JUNG, PRESIDING
MEETING SUMMARY
CALL TO ORDER & ROLL CALL
Chair Jung called the meeting to order at 7:05 p.m. Roll was confirmed as follows:
Members present: Chair C. Jung, L. Gabriel, S. Lovett, H. Tuttle
Members absent: T. Canady, V. Pierce (excused), P. Baxter (excused)
Staff /Council Liaison present: Parks and Recreation Director B. Frates
A quorum was present.
2. AGENDAAPPROVAL
MOTION:
Member Gabriel MOVED to approve the agenda and Member Lovett SECONDED the motion.
There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY
a. January 8, 2013
b. April 9, 2013
MOTION:
Member Gabriel MOVED to approve the meeting summaries of January 8 and April 9 and Member
Lovett SECONDED the motion. There were no objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Stephanie Queen, City of Soldotna Planning & Community Development
Director — Soldotna's Storefront Improvement Program
Ms. Queen presented information on the City of Soldotna's Storefront Improvement Program
including repainting of business buildings, replacing a sign, and adding architectural details. Ms.
Queen noted funding came from the capital fund which funds up to 50% of eligible projects to a
maximum or $5000 each.
5. UNFINISHED BUSINESS
a. Update — Community Gardens
Parks and Recreation Director Frates reviewed plans for upgrades to the Community Garden, noting
a local youth would install a children's garden for an Eagle Scout badge. General discussion
occurred.
MOTION:
Page 209 of 234
Member Gabriel MOVED to recommend fees for raised bsds remain the same as garden plots at
$20 and Member Lovett SECONDED the motion. There were no objections. SO ORDERED.
6. NEW BUSINESS
a. Volunteer Plant Day
Frates provided an overview of the schedule for the June 8 plant day, noting the event would run
from 10:00 a.m. to 2:30 p.m. with a barbeque at the fire station. Frates noted the following members
agreed to facilitate at the various beds:
Gabriel — Blue Star Memorial
Jung — Leif Hansen Memorial Park Bean Bed
Tuttle — Fire Department Bed
REPORTS
a. Parks & Recreation Director— Frates noted anticipating another busy summer,
including work on the town tree and the Veteran's Memorial and the Welcome to
Kenai sign bed.
b. Committee Chair — No report.
C. City Council Liaison — No report.
8. NEXT MEETING ATTENDANCE NOTIFICATION — September 10, 2013
No members requested an excused absence from the September 10 meeting.
9. COMMITTEE MEMBER QUESTIONS AND COMMENTS — None.
10. PERSONS NOT SCHEDULED TO BE HEARD — None.
11. INFORMATION
a. Landscape /Site Plan — Charis Place Assisted Living Facility
b. Landscape /Site Plan — City Maintenance Shop
C. Landscape /Site Plan — Kenai Petrolite Renovation
12. ADJOURNMENT
MOTION:
Member Lovett MOVED to adjourn and Member Gabriel SECONDED the motion. There were no
objections. SO ORDERED.
There being no further business before the Committee, the meeting was adjourned at 8:00 p.m.
Meeting summary prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
BEAUTIFICATION COMMITTEE MEETING
MAY 14, 2013
PAGE 2
Page 210 of 234
May 8, 2013
Kenai City Council:
Kenai Central High School
Kenai Peninsula Borough School District
9583 Kenai Spur Highway - Kenai, Alaska 99611
(907) 283 -2100
Fax: (907) 283 -3230
Alan Fields
principal
Jim Beeson
Assistant principal
Btacia Rusted
AthreHc Director
Justin Can
Activity Director
Kenai Central High School is very appreciative of the support it has received from the
City of Kenai. The partnerships between the Council and the School have provided
outstanding "real life" learning experiences for our students.
Our current Student Representative to the City Council, Austin Daly, will be graduating
this month. She has done an outstanding job representing her fellow students and
Kenai Central High School.
This letter is an introduction of the student selected to fill that vacant position. Courtney
Stroh, currently a junior at KCHS, will be an excellent Student Representative to the
Council.
Courtney possesses the knowledge, leadership, and character necessary to fill this
position. She is person who gets along with all students and treats everyone with the
greatest level of respect. She is always thoughtful and trustworthy in her actions.
Courtney will approach this role in an accomplished manner. We are proud to have her
selected as the next Kenai Central High School Student Representative to the City
Council.
We have greatly appreciated the support that the City of Kenai has given to our school.
Thank you for making a difference in the lives of the young people in our community.
Sincerely,
Alan Fields,
Principal
HOME OF THE KARDINALS
Page 211 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 212 of 234
(
/
\
£
\
°
04 00
to
co
#
It
Cl) 6
a
e
w
a,
r m
( \
\
z
z
§
§ §
/
(
^
e
f
\
< <
}
8
b
/
[
\
e
{
k Cl)
\
/
2
)
@
[
\
LL
LL
}
\
/
\
}
&
z
\
[
/
E
\
°
3
§
}
$
z
{
3
5
/ \
}
\
\
\
/
\
} \
>
/
/§
U)
k
CD
\
CD
g
\
}
z o
§
$
a
u
$
e
@ 7
E
)
{
\
\
<
/
E
/
@
1
/
< 2
<
$
j
m
5
=
_
zi
;
(
y
}
/
LU
\
2 k
z
§
e
a J
a
3
}
o
K§$
7\
kUJ
/\
\
§
06
LL
>
\
� Z
�
)
\
\
§
\
o
/
)
z 2
u E
m
§
[ /
k
\
}
@
r
-
%
5 5
§
�
)
u z
§
/
/
5
f0
/
[
/
\
) _
} )
(
x
z
W ( of
a
/
)
\
}
E
<
z \ 3
(
/
\
£
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 214 of 234
Sandra Modigh
From: Bob Molloy [bmolloy110 @yahoo.com]
Sent: Monday, May 20, 2013 4:45 AM
To: Sandra Modigh
Subject: Fwd: [kpbirding) Digest Number 444
Hi Sandra:
Please make this email an information item for the next Council meeting packet. vnanks -
:I..
Sent from my Wad
Begin forwarded message:
From: kpbirding(i)yahooeroups.com
Date: May 20, 2013, 7:20:58 AM EDT
To: kpbirdingaa yahoo groups. co
Subject: [kpbirding] Digest Number 444
Reply -To: "No Reply "< notify- dg- kpbirding_(d),yahooj,7oups.com>
Kenai Flats Big Sit update Laura Burke by "kennethtarbox" kennethtarbox
Message
Kenai Flats Big Sit update Laura Burke
Sun May 19, 2013 11:16 am (PDT) . Posted by:
- kennethtarbox" kennethtarbox
The Kenai Binding Festival's 24 Hour Midnight Sun Big Sit was held Saturday May 18 0600 through Sunday May 19
0600. Over 80 people participated in the count and 69 species were tallied.
Greater White - fronted Goose
Brant
Cackling Goose
Canada Goose
Gadwall
American Wigeon
Mallard
Northern Shoveler
Northern Pintail
Green - winged Teal
Canvasback
Greater Scaup
Lesser Scaup
Surf Scoter
Common Goldeneye
Common Merganser
Page 215 of 234
Red - breasted Merganser
Red - throated Loon
Common Loon
Horned Grebe
Red - necked Grebe
Bald Eagle
Northam Harrier
Sandhill Crane
Red - tailed Hawk
Black- bellied Plover
American Golden Plover
Pacific Golden Plover
Semipalmated Plover
Solitary Sandpiper
Greater Yellowlegs
Lesser Yellowlegs
Whimbrel
Hudsonian Godwit
Semipalmated Sandpiper
Western Sandpiper
Least Sandpiper
Dunlin
Pectoral Sandpiper
Short- billed Dowitcher
Long - billed Dowitcher
Wilson Snipe
Bonaparte's Gull
Mew Gull
Herring Gull
Glaucous- winged Gull
Glaucous Gull
Arctic Tern
Short-eared Owl
Merlin
Peregrine Falcon
Gray Jay
Black- billed Magpie
Northwestern Crow
Common Raven
Tree Swallow
Black- capped Chickadee
Boreal Chickadee
Ruby - crowned Kinglet
American Robin
Varied Thrush
American Pipit
Lapland Longspur
Orange- crowned Warbler
Yellow - rumped Warbler
Fox Sparrow
Lincoln Sparrow
Dark -eyed Junco
Common Redpoll
Reply to sender. Reply to group. Reply via Web Post . All Messages (1) . Top ^
Visit Your Group
View All Topics
2
Page 216 of 234
Create New Topic
3 New Members
We are making changes based on your feedback, Thank you !
Submit Feedback
The Yahoo! Groups Product Blog
Check it out!
Page 217 of 234
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 218 of 234
FROM THE DESK OF JOHN WILLIAMS
Cook Inlet Regional
Citizens Advisory Council
Board of Directors Meeting — Synopsis
Board Member Carla Stanley, (left) and Speaker of the House Mike
Chenault (right) at the May 3rd Board of Directors Annual Meeting in
Kenai.
R C A C
Cook Inlet Regional Citizens Advisory Council
8195 Kenai Spur Highway
P.O. Box 2029
Kenai, AK 9961 1
907- 283 -7222
907 -283 -6102 ffax)
www.circac.org
Page 219 of 234
I am pleased to provide this brief synopsis of the
Cook Inlet RCAC Board of Directors Annual
Meeting, held on May 3, 2013, in Kenai.
As your representative on this citizens council, it
is my goal to keep you fully informed of Council
activities, projects and initiatives throughout the
year. We will continue to highlight our work with
all the tools we have at our disposal, including
communications such as this.
If at any time you would like more information
about Cook Inlet RCAC- related projects, please
contact me, or visit our website at
www.circac.org. Please also feel free to contact
Lynda Giguere, Director of Public Outreach, at
907- 398 -6205, or by email at Giguere@circac.org.
To read the latest Cook Inlet Navigator e-
newsletter, visit the website at: www.cireac.org
and click on Outreach.
And please like us on Facebook!
John Williams
President
City of Kenai (Representative)
Cook Inlet Regional Citizens Advisory Council (Cook Inlet RCAC)
Quarterly Board Meeting, Friday, May 3, 2013
Board of Directors Synopsis
Speaker of the House Mike Chenault: entertained questions from the board and gave highlights from last legislative session,
including SB 2, the oil tax revision bill, which passed on last day of session. SB 21 `changes the way state gets its revenue stream."
Speaker Chenault also talked about the in -state gas pipeline, a 36" diameter pipeline running 700 miles, and expressed his belief
that there will be an export component.
Senator Peter Micciche: The Senator expressed his support for streamlining the permitting process and said he plans to work with
Cook Inlet NGOs (non - governmental organizations) to improve House Bill 77, which deals with reserving water rights and is cur-
rently in the House Rules Committee. The Senator talked about mixing zones, and issues surrounding waste treatment and industry
discharges; waste streams, permits, and pathways. His goal is to look at impacts to overall watersheds; particularly, to evaluate
effluent in coastal communities this summer with DEC's help. He said he will look to the federal government for funding to rectify
problems that they find.
Lt. Sarah Geoffrion, US Coast Guard: The Lieutenant expressed the Coast Guard's gratitude for our assistance and contribution
of local knowledge during the Kulluk incident, which is still under investigation. The rig is overseas for repairs and Shell will not
be back to drill in the Arctic. Geof rion said that sequestration has been a big concern as far as response capabilities; however,
funding is still available for response. She agreed to pass on concerns relayed to Mr. Smiley from residents of Old Harbor about
potential oil lost from the Kulluk's lifeboats. This was Lt. Geoffrion's last Council meeting, as she is being reassigned to Virginia.
State Pipeline Coordinator's Office: Jason Walsh, Natural Resource Specialist, and Graham Smith, Information Officer:
provided an overview of the State Pipeline Coordinator's Office, a Division of the Department of Natural Resources (DNR) in An-
chorage. They issue right -of -way leases and conduct compliance for 19 pipelines (TAPS, North Slope to Southcentral). They came
to the meeting because of their interest in the proposed Cook Inlet Energy 24 -mile submerged pipe line proposal (8.65" diameter;
95,000 bbls capacity) and the work we've been doing on the navigational risk assessment. DNR has seat at the table and plays an
important role in permitting every pipeline project in the state that crosses state land. SPCO enters into project when right -of -way
leases are applied for. The Executive Director indicated the Council's interest in the agency appointing an Ex Officio Director.
Navigational Risk Assessment Update: Leslie Pearson, project manager with Nuka Research, provided an update on the naviga-
tional risk assessment, (posted at www.circac.ore, click on Outreach). She reviewed the tasks that have been completed and out-
lined the work ahead, which includes estimating the benefit, cost, ease of implementation and assessing potential unintended nega-
tive consequences of the Risk Reduction Options. All supporting documentation is posted at www.cookinletriskassessment.com.
Executive Director's Report: Cook Inlet RCAC has worked to increase our exposure in national and international arenas. The
Executive Director spoke at a spill symposium in British Columbia, where they expressed an interest in the RCAC model for citi-
zen participation in oil and gas development in BC. The Director of Science has been to BC as well to speak to coastal communi-
ties.
To further promote RCAC on national level, the Executive Director continues to chair the Environmental Safety Committee on the
Interstate Oil and Gas Compact Commission (IOGCC).
Cook Inlet RCAC submitted comments and gave public testimony to the Alaska Oil and Gas Conservation Commission (AOGCC)
on proposed changes to the State of Alaska's current fracking regulations. To educate the Council on the FracFocus program, one
of the programs developed by the IOGCC, he encouraged all to visit the website: www.fracfocus.org.
We have submitted a Federal Appropriation Request this year and provided the council with a status report. Although funding is
uncertain, we will continue to submit requests as we have in the past to maintain our presence. We are also looking to DEC for
Shore Zone funding and continue to reach out to other potential funding sources and opportunities.
DEC Commissioner Larry Hartig: gave an overview of big permits, including air permits, contingency plans and approvals and
water quality permits, as well as update on legislation from DEC's perspective (404 permit primacy project).
Air permits: industry wants more flexibility to move rigs between locations. DEC policies are based on federal require-
ments. A work group has been organized to look at whether there is a need to modify permits to accommodate industry
Page 220 of 234
while staying in compliance with the Clean Air Act. The Commissioner invited Mr. Munger to participate on the work
group, and he accepted.
Contingency plans: Buccaneer requested an amendment to approve winter operations; however, ADEC does not consider
the amendment minor and is reviewing it closely.
The Furie Kitchen Light Unit passed AOGCC inspection and has also committed to providing ADEC with weekly updates
on their progress. ADEC is also working with CISPRI and Furie to improve skimmer efficiency.
Water Quality Standards: there are different types of pollutants standards for discharging into water bodies, including a
set of standards that look at what is possible for industry to achieve based on technology. If an industry can achieve a zero
discharge, a zero discharge is required. The question is whether Cook Inlet would benefit from technology -based Water
Quality Standards or should the standards for Cook Inlet be updated to reflect industry improvements; i.e. do we drive ma-
rine water quality standards based on technology if greater protections can be achieved through other means?
Mixing Zones: the basic idea is that it is difficult, particularly for wastewater dischargers at municipal plants, to achieve all
Water Quality Standards at the end of the pipe. While DEC would like to say no pollution, mixing zones strike a balance.
Primacy: 402 Wastewater Discharge Permitting Program (Alaska Pollutant Discharge Elimination System or APDES).
The State is authorized to issue permits under federal Clean Water Act (CWA); however, they must notify EPA before issu-
ing a permit.
Consultation: The Commissioner acknowledged a recent oversight and reaffirmed that Cook Inlet RCAC will be consulted
on future National Pollutant Discharge Elimination System ( NPDES) and APDES permits affecting Cook Inlet. He noted
that the Tesoro Kenai refinery and ConocoPhillips LNG plant permits were coming up for review.
Legislation Update: State primacy for 404 Clean Water Act program is currently administered by the Army Corps of Engi-
neers. With 175 million acres of wetlands, Alaska has a vested interest in this program. The Legislature has told the state to
take a hard look at assuming primacy. From ADEC's perspective, primacy would allow better integration of Alaska's entire
water program.
Cruise Ships: Cruise ships have to be using the advanced wastewater system before they can apply for a mixing zone, un-
der the law recently passed by the Legislature.
Anti - degradation: Although State regulations set up a method for analyzing when to allow any degradation of water, DEC
is preparing more detailed guidance.
Recruiting for Director of the Division of Spill Prevention and Response (SPAR): after 37 years of State service, the
State's Director of Spill Prevention and Response, Lary Dietrick, has retired. ADEC has extended their deadline to find his
replacement.
Response Fund: SPAR's budget is built on crude oil surcharge and drops when oil production is down. The surcharge was
kept whole for a number of years, but is now dangerously close to going into the red, and will be heavy into the red by 2016
($5 million).
COMMITTEES AND PROGRAMS HIGHLIGHTS:
PROPS Committee —Staff updated the Council on the Buccaneerjack -up rig operations, Kulluk grounding, Ice Forecasting Network
of Cameras installation, Hilcorp Alaska operations, and recent Drill exercises. They also reported that the Committee appointed Mr.
Bob Favretto to serve the remainder of Mr. Barry Eldridge's term as Vice Chair. Mr. Eldridge died in 2012.
Protocol Committee —the committee reviewed and commented on the following C- plans: Hilcorp Alaska, for production and explo-
ration facilities; and Buccaneer Alaska Operations for Cook Inlet exploration operations program, and for a major amendment to add
the West Eagle Prospect to the exploration program. The committee also proposed changes to Title 20, Chapter 25 of the Alaska Ad-
ministrative Code with regard to hydraulic fracturing.
Environmental Monitoring Committee —main activities for the EMC included subtidal/intertidal/ background source monitoring and
the beluga prey study, including meeting with Motes Marine Laboratory contractors and negotiating the final list for fish/invertebrate
contaminant analysis; and the Cook Inlet Response Tool, which will undergo some improvements based on feedback. The Commit -
tee is also reviewing NPDES and APDES permits for Cook Inlet exploration. Comments are due May 22 and May 23.
Page 221 of 234
Public Outreach —Staff briefed the Council on new initiatives, including progress being made on the website, which is being rede-
signed by SunDog Media.
Administration – highlights include the status of our USCG Recertification effort and completion of our Basic Ordering Agreement.
Honors and Recognitions
2012 Glen Glenzer Volunteer of the Year Award
Awarded to the late Captain Barry Eldridge
Milestone Service Awards:
15 years: Grace Merkes, Merritt Mitchell
10 years: James Showalter, Craig Valentine, Bill Osborn,
5 years: Bob Flint, Ted Moore, Carla Stanley
Seating of Members and Election of Officers
Selection/Appointment: Council Members (3 year terms)
Bob Flint – Recreation Interest Groups (Phil Cutler elected as Alternate)
Robert Peterkin, II – Alaska State Chamber of Commerce
Molly McCammon – Municipality of Anchorage
Walt Sonen – City of Seldovia
Election of Officers, 2013
President, John Williams
Vice President, Robert Peterkin, II
Secretary/Treasurer, Gary Fandrei
Selection /Appointment: Committee Members
Executive Committee
President
Vice President
Treasurer
2 Board members At -large, Bob Flint and Grace Merkes
Current members were retained on these Committees: Audit, Credentials and Protocol.
PROPS Public Member
Prevention, Response, Operations, and Safety Committee: Retained three committee members for 3 -year terms; and nominated and
approved one new public member:
Steven Lufkin (2 -year term).
EMC Public Members
Environmental Monitoring Committee (]Committee Member Retained; three public members nominated and approved).
Kashif Abdel Naser (retained, 3 year term)
Trenten Dodson (new, 3 year tern)
Richard Premki (new, 1 year term)
Ted Rockwell (new, 3 year term)
Page 222 of 234
CITY OF KENAI
RESOLUTION NO. 2013 -*
Suggested by: Mayor
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING
FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT
THE REGULAR ELECTION OF OCTOBER 1, 2013, THE QUESTION OF REPEALING
SECTION 9 -4, PARDONS, PAROLES AND COMMUNICATIONS, OF THE CHARTER OF
THE CITY OF KENAI TO REMOVE THE POWER OF THE MAYOR TO PARDON OR
PAROLE PERSONS CONVICTED OF VIOLATING CITY CHARTER OR ORDINANCE
AND TO COMMUTE SENTENCES.
WHEREAS, Section 9 - 4 Pardons, Paroles, and Communications, of the Kenai City
Charter provides the Mayor the power to pardon or to parole any person convicted of a
violation of the City Charter or ordinances, and to commute sentences subject to
regulation of the Council; and,
WHEREAS, the Council has not regulated the power of the Mayor to pardon, parole or
commute sentences for violations of City Charter or Code and it appears the Mayor
has only once, in 1970, issued a pardon, and there are no other records of paroles or
commuted sentences; and,
WHEREAS, the apparent lack of the exercise of power by City Mayor's in the last forty
years to issue pardons, paroles or commute sentences demonstrates that whatever
need was contemplated by the founders of the City's Charter no longer exists; and,
WHEREAS, bestowing the power to pardon, parole and commute sentences on one
person may unnecessarily infringe on due process, create inequitable remedies, allow
for the possibility of favoritism and short- circuit the administrative and judicial
systems of our local and state government designed to uphold justice in a fair and
equitable manner.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1: That the following proposition shall be submitted to the qualified voters
of the City of Kenai at the October 1, 2013 regular election in substantially the same
form as set out hereafter:
PROPOSITION No. X
Pardons, Paroles, and Communications.
Shall Section 9 - 4. Pardons, Paroles, and Communications, of the Charter
of the City of Kenai that reads as follows be repealed in its entirety:
New Text Underlined; [DELETED TEXT BRACKETED]
Page 223 of 234
Resolution No. 2013 -*
Page 2 of 2
The Mayor shall have power to pardon or to parole any person convicted of a
violation of this Charter or of any ordinance, and to commute sentences
therefor. The Council, by ordinance, shall have power to regulate and to limit
the power granted by this section, and to provide that the Mayor may grant a
pardon, parole, or commutation in any or all cases only upon recommendation
or with approval of the Council or of a board created by ordinance.
PROPOSITION YES [A Yes vote will repeal the Section of City
Charter described above]
NO [A No vote will retain the Section in Charter
described above]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
New Test Underlined; ]DELETED TEXT BRACKETED]
Page 224 of 234
M
CITY OF KENAI
NO. 2013 -*
Suggested by: Mayor
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING
FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT
THE REGULAR ELECTION OF OCTOBER 1, 2013, THE QUESTION OF AMENDING
SECTION 2 -14. ORDINANCES: ADOPTION BY REFERENCE, OF THE CHARTER OF
THE CITY OF KENAI TO REMOVE REFERENCES TO MILK AND MILK PRODUCTS.
WHEREAS, Section 2 - 14 Ordinances: Adoption by Reference; of the Kenai City
Charter allows for the Council to adopt certain codes, ordinances, standards and
regulations by reference relating to building, plumbing, electrical installation, milk and
milk products and other matters; and,
WHEREAS, the Council does not, and will not in the foreseeable future, regulate milk
and milk products; and,
WHEREAS, it is in the best interest of the City to remove references from the City
Charter that are not applicable.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1: That the following proposition shall be submitted to the qualified voters
of the City of Kenai at the October 1, 2013 regular election in substantially the same
form as set out hereafter:
PROPOSITION No. X
Ordinances: Adoption by Reference
Section 2 - 14. Ordinances: Adoption by Reference, of the Charter of the
City of Kenai reads as follows:
The Council by ordinance, may adopt by reference codes, ordinances,
standards, and regulations relating to building, plumbing, electrical
installations, milk and milk products, and other matters which it has power to
regulate otherwise. Such code, ordinance, standard, or regulation so adopted
need not be enrolled in the book of ordinances; but a copy shall be kept in the
office of the City Clerk and be open to public inspection.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 225 of 234
Resolution No. 2013 -*
Page 2 of 2
Shall such section be amended to read as follows:
The Council by ordinance, may adopt by reference codes, ordinances,
standards, and regulations relating to building, plumbing, electrical
installations, [MILK AND MILK PRODUCTS,] and other matters which it has
power to regulate otherwise. Such code, ordinance, standard, or regulation so
adopted need not be enrolled in the book of ordinances; but a copy shall be
kept in the office of the City Clerk and be open to public inspection.
New Text Underlined; [DELETED TEXT BRACKETED]
PROPOSITION YES [A Yes vote will amend the City Charter as
described above]
NO [A No vote will defeat the amendment
described above]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
Page 226 of 234
CITY OF KENAI
RESOLUTION NO. 2013-*
Suggested by: Mayor
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING
FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT
THE REGULAR ELECTION OF OCTOBER 1, 2013, THE QUESTION OF AMENDING
ARTICLE 10, ELECTIONS, OF THE CHARTER OF THE CITY OF KENAI TO PROVIDE
DESIGNATED SEATS FOR EACH COUNCIL POSITION AND ALLOW QUALIFIED
VOTERS TO VOTE IN AN ELECTION FOR A CANDIDATE FOR EACH SEAT.
WHEREAS, Article 10 Elections, of the Charter of the City of Kenai provides for council
members to be elected at large without designated seats; and,
WHEREAS, under the current process, in addition to voting for a candidate for mayor,
each voter is entitled to vote for two candidates for council from the pool of candidates,
or write in a person whose name does not appear on the ballot; and,
WHEREAS, this process entails that essentially all candidates are running against
each other; and,
WHEREAS, changing to a system where each council position has a designated seat
and allowing voters to vote for one candidate for each seat may encourage more
candidates to run because candidates can choose a seat to run for and avoid running
against certain other candidates running for different seats.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1: That the following proposition shall be submitted to the qualified voters
of the City of Kenai at the October 1, 2013 regular election in substantially the same
form as set out hereafter:
PROPOSITION No. X
Elections
Shall Title 10, Elections, of the Charter of the City of Kenai be amended to provide for
designated seats for each council member position and allow qualified voters to vote
for one candidate for each seat up for election, as opposed to the current process in
which all candidates run against each other for the available council positions and
qualified voters may vote for up to two candidates.
PROPOSITION YES [ A Yes vote will amend the City's Charter as
described above]
New Text Underlined; [DELETED TEXT
Page 227 of 234
Resolution No. 2013-*
Page 2 of 4
NO [A No vote will defeat the
amendment described above]
Section 2: That following the October 1, 2013 regular election, if the voters approve
the proposition in substantially the same form as set out above, the following charter
amendments would become effective:
Section 10 -2. Three -Year terms - Election at large- Nonpartisan Elections.
(a) At the regular election in 1965, and at the regular election held every
three years thereafter, a mayor shall be elected. At every regular election after
this Charter goes into effect, two councilmen shall be elected.
(b) The Mayor and the other councilmen shall be elected for overlapping
terms of three years, and shall serve thereafter until their respective successors
are elected and qualify; provided that, if only one councilman is elected and
qualifies in any year (because of failure of other candidates to file or for other
cause), then lots shall be cast in a meeting of the Council and under its
direction to determine which of the two councilmen whose terms are about to
expire shall continue to serve; and provided further that, if (because of a
vacancy) there is only one councilman whose term is about to expire, he shall
continue to serve in such case.
(c) The terms of office of the mayor and other councilmen shall begin at the
time prescribed for the second regular Council Meeting after their election. If
the mayor -elect or a councilman-elect fails to qualify within one month after the
beginning of his term, his election shall be void, and the Council shall fill the
vacancy.
(d) The mayor and other councilmen shall be elected at large, with council
members elected to a seat desienated as A. B, C, D, E or F. by the qualified
voters of the entire City, by secret ballot. The election shall be nonpartisan, and
no party designation or emblem shall be placed on the ballot.
Section 10 -3. Filing.
Any qualified person may have his or her name placed on the ballot for
the election as a candidate for mayor or councilman for a council seat by filing,
with the City Clerk at times and pursuant to procedures provided by ordinance,
a sworn statement of his candidacy provided that such sworn statement shall
be accompanied by a nominating petition signed by 20 or more registered
qualified city voters.
Section 10 -4. Voting - Who Elected.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 228 of 234
Resolution No. 2013 -*
Page 3 of 4
(a) Every qualified voter of the City shall be entitled to vote for one candidate
for mayor and for one candidate for each council seat [TWO CANDIDATES FOR
COUNCILMAN. ON THE BALLOTS BETWEEN THE TITLE OF THE OFFICE AND
THE NAMES OF THE CANDIDATES, SHALL BE PLACED THE INSTRUCTION
"VOTE FOR ONE" OR "VOTE FOR TWO," AS THE CASE MAY BE. ]A voter may
also write in the name of, and vote for, a person whose name does not appear
on the ballot for any desienated council seat or for mayor.
(b) The candidate for mayor receiving the greatest number of votes shall be
elected. The [TWO] candidate[S] for each council[MAN] seat receiving the
greatest number of votes shall be elected. In case of failure to elect because of a
tie, the election shall be determined fairly by lot from among the candidates
tying, in a meeting of the Council and under its direction.
Section 10 -5. Filling Vacancies at Elections, etc.
When a mayor and /or councilman or councilmen are being elected to fill a
vacancy or vacancies for the unexpired term or terms, the provisions of this
Charter shall apply as in the election of a mayor and /or councilmen for regular
terms, insofar as applicable. The phrases "for one -year term," "For two -year
term," and /or "For three -year term," as the case may be, shall be placed after
the titles of the offices on the ballot as necessary to identify the places on the
Council being filled at such election. [THE INSTRUCTION "VOTE FOR ONE" OR
"VOTE FOR TWO" SHALL BE PLACED ABOVE THE NAMES OF THE
CANDIDATES, DEPENDING ON WHETHER ONE OR TWO ARE TO BE
ELECTED IN THE CATEGORY.]
New Text Underlined; [DELETED TEXT BRACKETED]
Page 229 of 234
Resolution No. 2013 -*
Page 4 of 4
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
Page 230 of 234
CITY OF KENAI
RESOLUTION NO. 2013 -*
Suggested by: Mayor
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING
FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT
THE REGULAR ELECTION OF OCTOBER 1, 2013, THE QUESTION OF AMENDING
SECTION 2 -6. COUNCIL: MEETINGS, OF THE CHARTER OF THE CITY OF KENAI TO
ALLOW FOR A REDUCED NUMBER OF REQUIRED COUNCIL MEETINGS.
WHEREAS, Section 2 - 6. Council: Meetings, of the Kenai City Charter requires the
Council to hold at least two regular meetings every month without exception; and,
WHEREAS, there are times when it is not necessary to hold two regular meetings each
month or when such a schedule would greatly inconvenience council members,
administrative staff and the public due to holidays and seasonal activities; and,
WHEREAS, there are also times due to a lack of quorum or an emergency that
necessitate canceling a regular meeting; and,
WHEREAS, it is in the best interest of the City to provide for a process to cancel a
limited number of regular meetings when such meetings are unnecessary, an
emergency is present, there is a lack of quorum or some other reason justifies
cancelation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1: That the following proposition shall be submitted to the qualified voters
of the City of Kenai at the October 1, 2013 regular election in substantially the same
form as set out hereafter:
PROPOSITION NO. 'X
Council: Meetings.
Section 2 - 6. Council: Meetings, of the Charter of the City of Kenai reads
as follows:
The Council shall hold at least two regular meetings every month at such times
as it may prescribe by ordinance, resolution, or rules of the Council. The Mayor
or any four councilmen may call special meetings. All meetings of the Council
shall be open to the public, and the journal of its proceedings shall be open to
public inspection; but committees of the Council, including the committee of
the whole, may hold private meetings; provided that all actions of the Council
shall be taken at public meetings.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 231 of 234
Resolution No. 2013-*
Page 2 of 2
Shall such section be amended to read as follows:
The Council shall hold at least two regular meetings every month unless
canceled as provided in this section. Regular meetings shall be held at such
times as [IT] may prescribe by ordinance, resolution, or rules of the Council.
The Mayor or any four council[MEN] members may call special meetings. All
meetings of the Council shall be open to the public, and the journal of its
proceedings shall be open to public inspection; but committees of the Council,
including the committee of the whole, may hold private meetings; provided that
all actions of the Council shall be taken at public meetings. A meeting may be
canceled by the Mayor due to lack of a quorum or for an emergency, or by a
maiority of council members for any reason as long as at least twenty regular
meetings are held each calendar year and at least one each month.
New Text Underlined; [DELETED TEXT BRACKETED]
PROPOSITION YES [A Yes vote will amend the City Charter as
described above]
NO [A No vote will defeat the amendment
described above]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2013
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
Page 232 of 234
CITY OF KENAI
)LUTION NO. 2013 -*
Suggested by: Mayor Porter
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING
FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT
THE REGULAR ELECTION OF OCTOBER 1, 2013, THE QUESTION OF AMENDING
SECTION 10 -3. FILING, TO REMOVE THE REQUIREMENT THAT CANDIDATES FOR
MAYOR AND COUNCIL PROVIDE A PETITION SIGNED BY TWENTY OR MORE
REGISTERED VOTERS.
WHEREAS, City Charter Section 10 -3. Filing, requires that a candidate for mayor or
council member submit a petition signed by twenty (20) or more registered qualified
City voters; and,
WHEREAS, it is in the City's best interest to eliminate the petition requirement for
candidacy as requiring a candidate to submit a petition with signatures of twenty (20)
or more voters merely presents an inconvenience to candidates and creates
administrative work for the City without any real benefit to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1: That the following proposition shall be submitted to the qualified voters
of the City of Kenai at the October 1, 2013 regular election in substantially the same
form as set out hereafter:
No. X
Filing
Section 10 -3. Filing, of the Charter of the City of Kenai reads as follows:
Any qualified person may have his name placed on the ballot for the election as a
candidate for mayor or councilman by filing, with the City Clerk at times and
pursuant to procedures provided by ordinance, a sworn statement of his candidacy;
provided that such sworn statement shall be accompanied by a nominating petition
signed by 20 or more registered qualified City voters.
Shall such section be amended to read as follows:
Section 10 -3. Filing.
New Text Underlined; [DELETED TEXT
Page 233 of 234
Resolution No. 2013 -*
Page 2 of 2
Any qualified person may have his or her name placed on the ballot for the election as
a candidate for mayor or councilman by filing, with the City Clerk at times and
pursuant to procedures provided by ordinance, a sworn statement of his candidacy [;
PROVIDED THAT SUCH SWORN STATEMENT SHALL BE ACCOMPANIED BY A
NOMINATING PETITION SIGNED BY 20 OR MORE REGISTERED QUALIFIED CITY
VOTERS].
New Text Underlined; [DELETED TEXT BRACKETED]
PROPOSITION YES [A Yes vote will amend the City Charter as
described above]
NO [A No vote will defeat the amendment
described above]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
Page 234 of 234
X22/222ƒ °no <nnn \
� /zzz£i/ $oo <noo K
\ <r = =¥=�
\ ƒ /kk \ /� \0\� 7§ƒi\?( %
r =� ee =oc -gao
+�k� �/ �� m /\
_ ƒ ®ate aw o
g o
2
� ■ . �
co
<
� �
CmI>>
/k$
im
65
IOU
m
■
m
W
J
a
�
�O
W
G
V
m
m
co
I)
0
0
<���
o
c
z
D z��G�aomo
C
O
D
CO
0 0_
m
—I
Dr
m
SO
pmr{-�O
r
m
{m
N
�
O
W
G
V
m
m
co
I)
0
WM■NUM■EMEM
'I I I I I i l 77'P IN
0 0
0<
n
0 0
rDDOD
<
Drp
r
D00�
W
Mm'�C'
0-0
Dz��G)maoo
r D
�D��mrj-00
O
D
D
0 0
r"
0
5
r
� m
m
O
C)
r
m M m
Dcc
O
m
D
O
0 0 4J
j<
m-<
0
r0
O
p
m
m
m
r
j m
m
o
p
r
m
WM■NUM■EMEM
'I I I I I i l 77'P IN
0 0
0<
n
0 0
rDDOD
<
Drp
r
D00�
W
Mm'�C'
0-0
Dz��G)maoo
r D
�D��mrj-00
O
D
D
0 0
r"
0
5
r
� m
m
O
p
r
m M m
91
m n n< n n n
D Z o
r- DODDOO�
< D �
Ic'Im
O _ O
m oin r m -<m
ao M 0
r D O D D 0 0
{ D 0 01
0 _ m
m OCn r mom
0
c
z
0
r
m
m
Z
O
O
T
OWN
m
cp
m
,«nn <nnn-
� =22§£§27
>o > >oo-
4 <r =ca -0
/GGGQA\
=¥ \R 4w
m m
=no <nnol
/z2£c =o)
>o > >oo-
® \P5§K\IC 5 mmocm 92
§
§
m
9
cl)
=oo <nnna
=22<Z«==
/zE2o= =t
>o > >oo-
« \g =q\ \7
=ocmmmm
_«\@ 4/
m =
«nn <onoe
=IE=EE«=
\> >>00)
<mocmmmm
=4 \P 4)
_
p
«
lc�IIIIIIIIII<
3
(1)
«nn <nno;
=2§22§2=
2z1Io= =@
>
\ qd /3
=oc -
mm=
=4 \P «m
m =
Woo <nnn
{IEI�a§
r->0> 0
\p /ƒ /\
m 2
m
,7t7
<
:z
m
/
k
/
m
k
i
/
�
0
�
9
O W
c
o�
a
LL
O
C7
Z
H
w
w
U
Z
O
U
V)
v
uj
} J L } MLLI
W �
mOi'�ad - Q
a 0>-m m-i>
0mCO(D zo
E U U U> O U w
Lu
LLI F } --1 � } Ir
w _w � ¢
19 0 0 Q
ao }mm -ji> J
0m mm 0 <
0
2
0
9
CC
Lu
O
a
O
Z>
}
LLI
x
o}
M
UUU
-
M
J
w
¢
m
6
O
m
2
>UUt�
}
-C)j
w>
2
=Lli
Q
Z<
J
O � m m O > >
00 Q a 0
m Z<
UUU >UUCn
>
w
9
Q
W_ D
Q , J CC d _j Q
a0 }m¢-j> J
TmmZ0
?U UU >UUcn
F
m
a
Cmm
��UU
}
w
o
O
w
O
w
m
Q¢
m
>UU(�
}
O
0
m
m
>
>
J
o
0
d
l0
a
LL
O
C7
Z
F
W
W
U
Z
O
U
m
S
T
E
C" Q.C�i
m
w
m
}m
LU
oLU
Y_Lu,Ea
CL
O
}
m
=
°Q
J
y
J
I-}
ui
0>
m
U
UJ
m<
U
w=
a
z0
}
¢
w
o
w
w
w
O
O
(r
Lli
J
U.,
U
}
a
-i
Q
m
m2UUU>uJujw
O
}
m
m
d
O>
mm-'
O
Q>
Q
Q
O
Q
0
O O
Q
Q
O
Q
Q
0?UUU
S
U
U
U>
U
U
co
>UUm
U
m
w
m
}m
LU
oLU
Y_Lu,Ea
CL
O
}
m
=
°Q
J
>
J
I-}
ui
0>
m
U
UJ
m<
U
w=
a
z0
}
¢
w
o
w
w
w
O
O
m
C)
U
U
a
-i
Q
m
O
}
m
m
>
J
O
O
Q
Q
O
Q
0
z<
S
U
U
U>
U
U
co
>1 I I I I I I I I 1>
U)
'2IIIIILj-III I
m
LLJ i->
w
m
}m
LU
oLU
Y_Lu,Ea
CL
O
}
m
=
°Q
J
>
J
r}
a
cc
�
ui
0>
m
U
UJ
m<
U
-j
m
U>
a
z0
o>}
U
cc
z
U�
o
W
w
w
O
p¢
?
U
U
-i
Q
m
O
}
m
m
}
O
O
Q
Q
O
Q
ommc���zo
S
U
U
U>
U
U
m
LLJ i->
w
m
}m
LU
oLU
Y_Lu,Ea
CL
O
}
m
=
°Q
J
>
J
r}
a
cc
�
ui
0>
m
U
UJ
m<
U
-j
m
U>
a
z0
o>}
U
cc
z
U�
o
U>
?
U
U
U
U
m
m
r}
a
cc
�
ui
0>
m
U
UJ
m<
U
-j
m
U>
a
z0
o>}
U
cc
z
U�
o
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE JUNE 5, 2013
KENAI CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s)
at the above - referenced meeting.
1. Ordinance No. 2703 -2013 — Increasing Estimated Revenues and Appropriations by $1333.75 in the
General Fund - Police Department for State Traffic Grant Overtime Reimbursement.
2. Ordinance No. 2705 -2013 — Increasing Estimated Revenues and Appropriations by $2,343.04 in the
General Fund — Police Department for Justice Assistance Grant Overtime Reimbursement.
3. Resolution No. 2013 -36 — Granting Public Water and Sewer System Exceptions to KMC 14.10.080,
Minimum Improvements, for Kee's Tern Subdivision Pursuant to KMC 14.10.090, Variations and
Exceptions.
4. Resolution No. 2013 -37 — Awarding a Contract for the Construction of Meeks Trail Repair to Peninsula
Construction for an Estimated Total Cost of $67,380.
Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk.
Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the
Council prior to adoption without further public notice.
Corene Hall, CMC, Deputy City Clerk
Posted: June 6, 2013
I�
�e
�a
\
i
$OW PICKER L ANE
O
C
I
� I
� I i
N
C
O
U '
0) k i
100y/ .
t
r
Section Line Easement
Proposed to be Vacated
Proposed Public Access Esmt.
Section -Line Esmt. Not Being
Vacated
� rlry: N
i301
cl
I
11
/N
r61
it
1•
o
33'
,,
cc
F
Ca
`1y ` i�
r '
IK.e "In caln'PrH.
Isle
6�cy�ti
,uN2 I
Cs
I
LU I
Iw I
U
I
� g
�gE6
MD
I
(S89'58'04'E 1281.66') r m
r 563.3Tr r r i WTMC cs , 78.13) i
r
r
�[=Q u i
a
i r
r L.
r
i
i
r
r
i
_ 1— 10 on cU
OLD CANNERY (74.18') -�
ROAD
o
0
3-1H•
se m
N1M.
1
6 32. OW
LLI
M 3Z W'
J?
VQ��e
0
m
F%f
i IA¢ r
a
ly NT�ig9��
$yyg3
BYXa� i Z\ 29
Al .1/ W
i
Pik � n/ /o
TRACT Al
48.506 Rae.
i
II
/ II iGiMVEiEG= PS�_���h/
CERTIFICATE OF .2 R .YON
I HEREBY CERTIFY THAT; I AM PROPERLY
REGISTERED AND U�RSED TO PRACTICE LAND
SURVEING IN THE STATE OF ALASKA, THIS PUT
REPRESENTS A SURVEY MADE BY ME OR UNDER MY
DIRECT SUPERVISION. THE MONUMENTS SHOWN
HEREON ACTUALLY EXIST AS DESCRIBED, AND ALL
DIMENSIONS AND OTHER DETAILS ARE CORRECT TO
ME MMENSONS AND OTHER DETAILS ARE CORRECT
TO THE NORMAL STANDARDS Of PRACTICE OF LAND
SURVI:'YORS IN THE STATE OF ALASKA
MN'SMP O M BEE
�COTi A.IIIIIF' �'�
�e I
r
k
a
e
i
' Q
O
II
I I e
II �
II
V \ \
OMID MTI Ctl1anE / // / \\ 1
RDWERNMENV E0713
UNE TABLE
UNE
BEARING LENGTH
L1
N 1'
1
6 32. OW
3
M 3Z W'
44 GLD
l$4 CLO
PRIM
®
PRIM
PRI
• SEC
O SE
\ 0 SEC
\ RE
K \ NORTH ® EA
o t0 \
5 \a
3 \
Z
Qv0. \
a
e.
� m
Y \
ant vacotW 4.l p7 1.
s a mJnM vawteJ Nb plat
of~ iIA
„.,�R,All
LOT I
SECT /ONLIM7 EASEMENT VA C"",41 T/ONPLA T
/BIM MONUMENT RECOVERED
/ELM MONUMENT O RECORD
ARY MONUMENT SET THIS SURVEY
ARY MONUMENT RECOVERED
MARY MONUMENT OF RECORD
ONDARY MONUMENT SET THIS SURVEY 5/8 ROM
SEC( MONUMENT RECOVERED 5/8 ROM
ONDARY MONUMENT OF RECORD 5/8 ROAR
CONGARY MONUMENT OF RECORD 5/8 ROAR
CORD PER KENN LANDING COTTAGES SUBUMSON
PLAT NO. 2005 -29
EASE VACATION
SECTION LINE EASEMENT VACATION
VEN711' �ART7FTj j"10 APPNUVAL
RECOMMENDATION
STATE OF AUSKA GFPARTMMT OF
TRANSPORTATO7 A POB .FACT IT S
TIE VACATION STATEMENT. AS SHOWN HEREON,
HAS BEEN REVIEWED BY THE CENTRAL REGIONAL
OFBCE AND IS HEREBY RECOMMENDED FOR
APPROVAL BY THE COMMISSIONER.
RECOMMENDED BM
DATE
TT ID. REGIONAL CHIEF RIGHT -OF -WAY A[ T
ME VACATON STATEMENT, AS SHOWN HEREON,
HAS BEEN RENEWED BY WE DIVISION OF MINING,
LAND AND WATER AND IS HEREBY RECOMMENDED
FOR APPROVAL BY THE COMMISSIONER.
RECOMMENDED BY
DATE-
MT-E: DIRECTOR. DIVISION OF MINING I AND A
INAIEB
THE STATE OF AUSRA. ACING BY AND THROUGH
THE COMMISSIONER OF WE DEPARTMENT OF
NATURAL RESOURCES AND WE COMMISSIONER OF
THE DEPARTMENT OF TRANSPORTATM AND PUBUC
FAGUTES. DOES HEREBY STATE AND DECLARE
THAT WE STATE OF AUS A VACATES AND
RELEASES ALL RIGHIS AND TT.E TO ANY AND ALL
PORTONS OF SECTION UNE EASEMENTS FOR PUBUC
HIGHWAYS RESERVEO TO IT UNDER AS 19.10.010
(S'ECHIC AREA DELINEATED BY DIAGONAL
HATCHING ON THIS PUT).
APPROVED
DATE
COMMISSIONER
DEPARTMENT OF TRMSPORATATON AND PUBUC
FAGUTIE9
APPROVED
DATE
COMMISSIONER
DEPARTMENT OF NATURAL RESOURCES
PLAT APPROVAL
THIS PUT WAS APPROVED BY THE KENN PENINSUU
BOROUGH PUNNING COMMISSION AT THE MEETING O
KENN PENINSULA BOROUGH
AUTHORIZED OFBCIAL
CERTIFICATE OF O►NFRSNIP AND DEDICAMff
I, THE UNDERSIGNED, HEREBY CERTIFY THAT KENN LANDING
INCORPORATED, IS THE OWNER OF THE REAL PROPERTY SHOWN AND
DESCRIBED HEREON AND ON 8104 t OF THE KENN LANDING
INCORPORATED,I HEREBY ADOPT THIS PLAN Of SUBDIVISION AND BY MY
FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AND GRANT ALL EASmENTS
TO WE USE SHOWN.
STEVE AGNI. PRESIDENT
KENAI UNDING, INC.
5011 SPENARD ROAD
SUI E 201
ANCHORAGE, AK 89517
FOR:
SUBSCRIBED AND SWORN BEFORE ME THIS
DAY OF 2012
NOTARY PUBUC FORA WA
MY COMMISSION EXPIRES
. IAIYC Vvn� .^
WE HEREBY CERTIFY THAT WE HAVE AN EQUITY INTEREST AS
BENEHGIARIES ON THE REAL PROPERTY SHOWN AND DESCRIBED HEREON
AND THAT WE HEREBY ACKNONTEMi' THIS PLAN OF SUBDIVISION
JOIN DEUNO, VICE PRESIDEN BILL W115FlELD, PRESIDENT
NORTHRIM BANK WARDS COVE PACKING COMPANY
NOTA_RYC AC2ZwJ LFOp
FOR:
SUBSCRIBED AND SWORN BEFORE ME THIS
DAY Of 2012
NOTARY PUBUC FOR AUSKA
MY COMMISSION EXPIRES
NOTARYS ACMOMLRDOMENT
FOR:
SUBSCRIBED AND SWORN BEFORE ME THIS
DAY OF 2012
NOTARY PUBLIC FOR ALASKA
MY COMMISSION EXPIRES
Plat •
w11 --1Ae�
e
Tyne
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 in the issues on the
following dates:
June 3, 2013
SUBSCRIBED AND SWORN to me before
this 3rd day of June 2013
NOTARY PUBLIC in favor for the
State of Alaska.
My Commission expires 27 -AV1 1
NPR
NOTARY
t� PUBLIC Q
y OF A�Q�
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
. a JUNE 5, 2013 -7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
k' CALL TO ORDER
3. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten
(10) minutes per speaker)
UNSCHEDULED PUBLIC COMMENTS (Public comment limited to
three (3) minutes per speaker; thirty (30) minutes aggregated)
3. PUBLIC HEARINGS (Testimony limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
1. Ordinance No. 2656.2012 - Amending the Kenai Municipal Code
Section 3.10.070, Livestock Within the City Limits, to Exclude from the
Definition of "Livestock" a Limited Number of Chicken Hens to Allow
for the Keeping of a Small Number of Chicken Hens in the City and
Amending Setback Requirements for Chicken Containment
Structures. [Clerk's Note: At its March 6, 2013 meeting, Council
postponed Ordinance No. 2656 -2012 for 90 days and the ordinance
was referred to administration. Motion to enact is on the floor.]
• Substitute Ordinance No. 2656 -2012 - Amending the Kenai
Municipal Code Section (KMC) 3.10.070 Livestock within the City
Limits, and KMC 3.05.100 Fees and Repealing and Reenacting
KMC Chapter 3.15 Licensed Facilities, to Allow for Twelve (12)
Chicken Hens or Less to be Kept on Certain Parcels within the
City of Kenai that are Less than Forty Thousand (40,000) Square
Feet in Size Pursuant to a License Issued by the Animal Control
Office and Making other Housekeeping Changes to KMC
3.10.070 and Chapter 3.15.
2. Ordinance No. 2703 -2013 - Increasing Estimated Revenues and
Appropriations by $512.45 in the General Fund - Police Department
for State Traffic Grant Overtime Reimbursement.
3. Ordinance No. 2704 -2013 - Amending KMC 13.40.040 to Provide for
a Seasonal Speed Limit of Twenty (20) Miles Per Hour While Driving
Motorized Vehicles on a Certain Portion of the North Shore Public
Beach.
4. Ordinance No. 2705.2013 - Increasing Estimated Revenues and
Appropriations by $2,343.04 in the General Fund - Police Department
for Justice Assistance Grant Overtime Reimbursement.
5. Resolution No. 2013.36 - Granting Public Water and Sewer System
Exceptions to KMC 14.10.080, Minimum Improvements, for Kee's
Tern Subdivision Pursuant to KMC 14.10.090, Variations and
Exceptions.
6. Resolution No. 2013.37 - Awarding a Contract for the Construction
of Meeks Trail Repair to Peninsula Construction for an Estimated
Total Cost of $67,380.
E. MINUTES
1. 'Regular Meeting of May 15, 2013
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 - Recommendations to Mayor Navarre for
Appointment to the Kenai Peninsula Borough Planning and Zoning
Commission.
4. Action/Approval - Appointment to the Personnel Arbitration Board.
5. ActionlApproval - Collateral Assignment. of Lease and Consent to
Assignment of Lease for Security Purposes by the City of Kenai to
Arctic Barnabas Ministries, Inc. for Lot 5, Block 5, General Aviation
Apron Subdivision No. One in the Kenai Recording District, Third
Judicial District, State of Alaska.
6. Action/Approval - Approving Acceptance of a Public Access
Easement and Parking Area from Kenai Landing, Inc.
7. Action /Approval - Approving the Second Amendment to the
Terminal Area Lease with Alaska Realty Group, Inc for Space No.
21.
8. ActionlApproval - Approving the First Amendment to the Terminal
Area Lease with Alaska Realty Group, Inc for Space No 9.
9. Action/Approval - Renewal of Special Use Permit to Reddi Towing
& Salvage, LLC for Lot 4, Block 5, Cook Inlet Industrial Park.
10. Action/Approval - Amending the Kenai City Council Policy
Commission, Committee, Board and Council on Aging Meeting and
Work Sessions by Reducing the Library Commission's Meeting
Schedule to Quarterly.
11. Action/Approval - Approval of Restaurant Designation Permit for
Jennifer Lee, d /b /a New Peking Chinese Restaurant.
12. Discussion - Schedule Evaluations for the City Clerk, City Attorney
and City Manager.
13. *Ordinance No. 2706.2013 - Accepting and Appropriating Grants in
the Amount of $375,000 from the Federal Aviation Administration
and $12,500 from the State of Alaska in the Airport Improvement
Capital Project Fund and Appropriating $12,500 in the Airport and
Airport Improvements Capital Project Fund, All for the Obstruction
Tree Removal Project.
14. *Ordinance No. 2707 -2013 - Accepting and Appropriating a Grant
in the Amount of $90,000 from the State of Alaska for the Public
Safety Capital Project Fund.
15. *Ordinance No. 2708.2013 - Accepting and Appropriating a Grant
in the Amount of $2,500,000 from the State of Alaska for the Water
and Sewer Capital Project Fund.
16. *Ordinance No. 2709.2013 - Accepting and Appropriating a Grant
in the Amount of $110,000 from the State of Alaska for the Public
Safety Capital Project Fund.
17. *Ordinance No. 2710.2013 - Accepting and Appropriating a Grant
in the Amount of $150,000 from the State of Alaska for the Personal
Use Fishery Capital Project Fund.
H. COMMISSION /COMMITTEE REPORTS
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION - Matters which by Law, Municipal Charter, or
Ordinance are Required to be Confidential [AS 44.62.310 (c)(3)] -