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Home My WebLink About2014-07-16 Council PacketCITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE JULY 16, 2014 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. ADOPTED UNANIMOUSLY. Resolution No. 2014 -50 — Directing the Continuation of the Project Entitled "VIP Drive Special Assessment District" and Designating what Improvements are to be Included in this Project. 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. San 7a 'odigh; CM ,City Clerk Posted: July 17, 2014 ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING JULY 16, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai,ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, - thirty (30) minutes aggregated) `All items listed with an asterisk (') are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. POSTPONED TO AUGUST 6 WITH ADDITIONAL PUBLIC HEARING. Ordinance No. 2780 -2014 — Amending KMC 12.40.010- Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. 2. NO ACTION TAKEN, ITEM WILL BE ON AUGUST 6r" AGENDA. Ordinance No. 2781 -2014 — Amending KMC 1.85.050 - Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information. 3. ADOPTED UNANIMOUSLY. Resolution No. 2014 -50 — Directing the Continuation of the Project Entitled "VIP Drive Special Assessment District' and Designating what Improvements are to be Included in this Project. 4. NO ACTION TAKEN, ITEM WILL BE ON AUGUST 6r" AGENDA. Resolution No. 2014 -51 — Establishing a Kenai Business Improvement Program. 5. NO ACTION TAKEN, ITEM WILL BE ON AUGUST 6TH AGENDA. Resolution No. 2014 -52 — Prescribing the Officials Bond Amount for the City Administrator and Finance Director Pursuant to Section 4.3 of the Kenai Municipal Charter. 6. NO ACTION TAKEN, ITEM WILL BE ON AUGUST 6TH AGENDA. Resolution No. 2014 -53 — Awarding a Professional Services Agreement in the Amount of $112,178 to Nelson Engineering, P.C., for Design and Construction Administration for the Construction of South Beach Access Road. NO ACTION TAKEN, ITEM WILL BE ON AUGUST 6TH AGENDA, Resolution No. 2014 -54 — Authorizing the Use of the Equipment Replacement Fund to Purchase an Attachment for the New Volvo L110 Loader and Authorizing an Increase in the Loader's Purchase Contract for the Purchase of the Attachment. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of July 2, 2014 F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action /Approval — Bills to be Ratified. 2. APPROVED BY CONSENT AGENDA. *Action /Approval — Purchase Orders Exceeding $15,000. 3. NO ACTION TAKEN, ITEM WILL BE ON AUGUST 6TH AGENDA. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Holly Spann to the Parks & Recreation Commission. 4. NO ACTION TAKEN, ITEM WILL BE ON AUGUST 6TH AGENDA. Action /Approval — Special Use Permit with the State of Alaska Department of Natural Resources /Division of Forestry to Conduct Aeronautical and /or Aviation Related Activities at the Kenai Municipal Airport. 5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING ON AUGUST 6TH. *Ordinance No. 2782 -2014 — Enacting KMC 14.20.171 -Group Care Facilities, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Define and Provide Zoning Regulations for Group Care Facilities. 6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING ON AUGUST 6TH. *Ordinance No. 2783 -2014 — Enacting KMC 14.20.172 - Emergency Shelters, and Amending KMC 14.20.320 - Definitions, and KMC Kenai City Council Meeting Page 2 of 4 July 16, 2014 14.22.010 - Land Use Table, to Provide Zoning Regulations for Emergency Shelters that Provide Temporary Housing for Homeless and Others in Need of Safe Accommodations. 7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING ON AUGUST 6TH. *Ordinance No. 2784 -2014 — Amending KMC 14.22.010 -Land Use Table, to Designate Airports as a Conditional Use Instead of a Permitted Use, in Central Commercial, General Commercial, Light Industrial and Heavy Industrial Zones and to Clarify the Intended Land Use. 8. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING ON AUGUST 6TH. *Ordinance No. 2785 -2014 — Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books. H. COMMISSION /COMMITTEE REPORTS 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 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 1. SETTLEMENT APPROVED. Consultation with Legal Counsel Regarding Litigation Concerning CINGSA's Purchase of Mineral Rights, Easements, and Access to Pore Space, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310(c)(3)]. M. PENDING ITEMS Ordinance No. 2748 -2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Kenai City Council Meeting Page 3 of 4 July 16, 2014 Advisory Capacity to Council. [Clerk's Note: At its May 201h meeting, Council postponed this ordinance to the August 20th meeting.] 2. Ordinance No. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. [Clerk's Note: At its July 2nd meeting, Council postponed this ordinance to the August 20th meeting.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. The agenda and supporting documents are posted on the City's website at wwwci.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 -8231. Kenai City Council Meeting Page 4 of 4 July 16, 2014 JULY 16, 2014 CITY COUNCIL MEETING REQUESTED ADDITIONS TO THE PACKET: ADD TO D•2 Ordinance No. 2781 -2014 • Memorandum REQUESTED BY: Councilor Molloy "I/c' /Z�e with a Past, Gity with a Future" 0 Fidalgo Avenue, Kenai, dlaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Council Member Bob Molloy DATE: 07 -15 -14 SUBJECT: Ordinance No. 2781 -2014 Amending KMC 1.85.050 I have several concerns and questions about Ordinance No. 2781 -2014 Amending KMC 1.85.050 Refusal or failure to disclose. In this ordinance, the Code's existing paragraph (c) is divided into new (c) and new (d). I read existing paragraph (c) in 1.85.050 to address noncompliance FIRST where a person refuses or knowingly fails to make a "disclosure of information" required by Code and therefore contained in the form for Disclosure Statement (for example, failing to report a spouse's sources of income in the form for Disclosure Statement), and SECOND where a person files a "statement containing false or misleading information knowing it to be false or misleading" (Le, the Disclosure Statement is false or misleading). The object of this proposed new paragraph (c) seems to be the Disclosure Statement itself, not the various disclosures of information contained in the Disclosure Statement.' 'KMC 1.85.010 and 1.85.020(a) require that candidates for elected office and appointed municipal officers (City Manager, City Attorney, City Clerk, and Planning & Zoning Commissioners) make numerous disclosures of information, specifying business interests, income sources, and other financial information that "shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, domestic partner, dependent children, and non - dependent children residing with the officer or candidate (covered individual), to the extent those sources of income or business interests are ascertainable by the officer or candidate." The contents of the required disclosures of information that are to be made in the Disclosure Statement are set out in KMC 1.85.020. The City's form for Financial Disclosure Statement captures all of those the required disclosures of information. Mayor Porter and City Councilors 07 -15 -14 Page 2 of 3 The intent of this proposed new paragraph (c) seems to be to encourage compliance by penalizing seated municipal officers who file Disclosure Statements late and who don't submit "an affidavit stating mitigating facts to the City Council." I don't think this new (c) accomplishes that intent because it doesn't replace "disclosure of information" with "disclosure statement." That's an easy amendment. But if we make that amendment, the ordinance no longer appears to cover an incomplete Disclosure Statement, but covers only late Disclosure Statements and false or misleading Disclosure Statements. That's one concern I have, because I think there may be value in addressing incomplete Disclosure Statements (incomplete because there has been a failure or refusal to make a required disclosure of information in the Disclosure Statement), as existing paragraph (c) does. I think it's likely that I won't support deleting the word "KNOWINGLY" from new paragraph (c). If the word "KNOWINGLY" is deleted, then we're making this into strict liability like a parking violation. If so, there is no need for an "affidavit stating mitigating facts" to be submitted to the City Council by the affected municipal officer who wants consideration of a partial or complete reduction of civil fines. I think the word "KNOWINGLY" should stay in paragraph (c). Another concern is that new paragraph (c) doesn't identify who should give notice of an "omission" to meet the Code requirements. I think that should be the City Clerk, unless the omission is by the City Clerk, in which case the notice should be by the City Attorney. Another concern is that new paragraph (c) doesn't specify the date by which the notice of omission should be given to the affected municipal officer. There should be a sentence specifying the date for giving notice. Question: Should the notice should be given by May 15`h9 Another concern is that new paragraph (c) doesn't identify who should make the determination of whether the mitigating facts are sufficient to establish that there wasn't a violation or that the fine or penalty should be partially or completely reduced. I think the determination should be made by the City Council. That seems to be the intent because new paragraph (c) goes on to state that a "City Council Member subject to the fines may not participate in any decision regarding reduction or removal of such fines." Another concern is that maybe that sentence is too broad. If we give the affected municipal officer the opportunity to submit an affidavit stating mitigating facts, then the officer should be able to answer questions about the affidavit and the facts, even if a council member; but not participate in the discussion by Council and not vote due to conflict of interest, if a council member. Mayor Porter and City Councilors 07 -15 -14 Page 3 of 3 The determination by Council regarding sufficiency of the mitigating facts and reduction or removal of fines would have to happen in a properly noticed public meeting, although the Council could go into Executive Session if proper. Questions: Should this be an agenda item at a regularly scheduled council meeting, or a separate special meeting where this is the only agenda item? Should that be specified in this section of Code, or left up to ad hoc decision at the time? Another concern is that the reference to appeal is only with respect to fines and is in new paragraph (c). I think appeal should be the subject of its own separate paragraph, which here would be a new paragraph (f), like we have done in other sections of the Code. Another concern is that the word "omission" is used in new paragraph (c) but the word "violation" is used in new paragraph (d). This has to do with making new paragraph (c) and new paragraph (d) work together. Questions: Perhaps the intent is that if the affected municipal officer doesn't file an affidavit of mitigating facts after being notified by the Clerk of an omission, then the omission becomes a violation? And there is no need for a determination by the City Council? And the Clerk (or Attorney) then notifies the Council in writing "of any known violation" as provided in new paragraph (e)? If an affidavit of mitigating facts is submitted and there is a hearing, then there would be no need for the notice to Council under new paragraph (e); or that notice would be redundant. New paragraph (e) provides that Council gives a mandatory direction to the City Attorney or Clerk to notify the candidate or municipal officer of the violation and to proceed with enforcement. Again, this direction would need to be given in a public meeting. Question: Since enforcement is involved, should this notice in paragraph (e) be given by the City Attorney, unless the omission or violation is by the City Attorney? Another concern is that I'm not sure if new paragraph (b) is an improvement over existing new paragraph (b). Existing paragraph (b) apparently already covers any noncompliant person who is newly elected or newly appointed, providing that the noncompliant person "shall forfeit his or her nomination and shall not be seated or sworn to the office for which he is a candidate." Questions for Legal: ■ Is the maximum civil fine $500.00 under Code? ■ If yes, and Council goes with a maximum of $1,000.00, do we need to call it a civil penalty? 1.85.050 Refusal or failure to disclose. Kenai Municipal Code Up Previous Next Main http: / /www.gcode.us /codes /kenai /view.php ?topic =1- 1_85 -1_8 < Title 1 AGENCIES, OFFICERS, AND EMPLOYEES Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST 1.85.050 Refusal or failure to disclose. Search Print No Frames (a) If a candidate fails or refuses to file the statement required by KMC 1.85.010, his or her filing shall be refused or, if previously ac- cepted, shall be returned and his or her name shall be withheld or removed from the filing records of candidates. (b) A person failing or refusing to comply with the requirements of this chapter shall forfeit his or her nomination and shall not be seated or sworn to the office for which he is a candidate. (c) A person who refuses or knowingly fails to make a required disclosure of information as provided in this chapter or who files a statement containing false or misleading information knowing it to be false or misleading, shall be guilty of a violation and upon conviction is punishable by a fine as provided for violations in KMC 13.05.010. (Ords. 359, 1240) 1 of 1 7/13/14 3:06 PM Kenai Municipal Code (Kenai, Alaska) Kenai Municipal Code Kenai, Alaska Current through Ordinance 2722 -2013 and the December 2013 code supplement. For more recent amendments to this code, please refer to the CodeAlert page, or contact the city. This document is provided for informational purposes only. Please read the full disclaimer. • Municipal Code Table of Contents • Search • Ordinance List • CodeAlert - Recently Passed Ordinances Links: • Kenai. Alaska - Home Page Contact: Kenai City Clerk: (907) 283 -7535, Ext. 231 Published by: Quality Code Publishing Seattle, WA 1- 800 - 328 -4348 http://www.qcode.us/codes/ken; Kenai Municipal Code Up Previous Next Main Search Print No Frames Title 1 AGENCIES. OFFICERS, AND EMPLOYEES Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT" OF INTEREST 1.85.010 Report of financial and business interests. (a) A candidate for elective municipal office shall file a statement under oath with the City Clerk, at the time of filing a nominating petition and declaration of candidacy, specifying his business interests and income sources. (b) Each municipal officer shall file a statement under oath with the City Clerk, within thirty (30) days after appointment to office specifying his business interests and income sources. (c) Each municipal officer shall file a similar statement of income sources and business interests with the City Clerk not later than April 15th of each year that he holds office. (Ord. 359) 1 of 1 7/14/144:56 PM 1.85.020 Contents of statement. Kenai Municipal Code Up Previous Next Main http: / /www.gcode.us/ codes /kenai /view.php ?topic =l- 1_85 -1_85 Title 1 AGENCIES, OFFICERS, AND EMPLOYEES Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST 1.85.020 Contents of statement. Search Print No Frames (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, domestic partner, dependent children, and non - dependent children residing with the officer or candidate (covered individual), to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b) The statement filed shall include the following information relating to the covered individual. (1) The source of all income over five thousand dollars ($5,000.00) during the preceding calendar year, received by the covered individual, including taxable and nontaxable capital gains, except that a source of income that is a gift must be included if the value of the gift exceeds two hundred fifty dollars ($250.00); (2) The identity, by name and address, of each business in which the covered individual has an interest or was a stockholder, owner, officer, director, partner, proprietor, or employee during the preceding calendar year, except that an interest of less than five thousand dollars ($5,000.00) in the stock of a publicly traded corporation need not be included; (3) The identity and nature of each interest in real property, including leases, rentals and options to buy, which is owned, held, or possessed at any time during the preceding calendar year by the covered individual; (4) The identity of each trust or other fiduciary relation in which the covered individual held a beneficial interest exceeding five thousand dollars ($5,000.00) during the preceding calendar year, a description and identification of the property contained in each trust or relation, and the nature and extent of the beneficial interest in it; (5) Any loan or loan guarantee of more than five thousand dollars ($5,000.00) made to the covered individual, and promissory note signed or debt obligation incurred by the covered individual of more than five thousand dollars ($5,000.00), and the identity of each lender, guaranteed party, payee, or other creditor to whom the covered individual owed more than five thousand dollars ($5,000.00); this subsection requires disclosure of a loan, loan guarantee, note or indebtedness only if the loan, guarantee, or note was made, or the indebtedness incurred, during the preceding calendar year, or if the amount still owing on the loan, loan guarantee, note or indebtedness was more than five thousand dollars ($5,000.00) at any time during the preceding calendar year. Credit cards accounts, revolving charge accounts, health care bills and obligations, and Internal Revenue Service, child support, and alimony claims and obligations are exempt from this paragraph and are not required to be reported; (6) A list of all contracts and offers to contract with a municipality, the state or a political subdivision or instrumentality of the state during the preceding calendar year held, bid, or offered by the covered individual; (7) A list of all mineral, timber, oil, or any other natural resource lease held, or lease offer made, 1 of 2 7/15/145:13 PM 1.85.020 Contents of statement. http: / /www.gcode.us/ codes /kenai /vievv.php ?topic =1- 1_85 -1_8` during the preceding calendar year by the covered individual; (8) A list of all contracts, bids, or offers to contract with the City of Kenai during the preceding year which are made, offered or agreed to by the covered individual; (9) A description of each business or financial dealing, transaction, or arrangement over five thousand dollars ($5,000.00) by a covered individual entered into with any municipal officer of the City of Kenai; (10) If a covered individual as defined in KMC 1.85.070(b) is a sole proprietor or a member of a partnership or limited liability company, or a shareholder in a corporation or a professional corporation in which the covered individual holds a controlling interest, or the owner of a controlling interest in another business entity, then the disclosures required by KMC 1.85.020 apply to the covered individual's sole proprietorship, partnership, limited liability company, corporation, professional corporation, or other business entity. (c) The statement shall be filed on a form prescribed by the City Clerk and approved by a resolution of the Kenai City Council. (Ords. 359, 1701 -96, 2323 -2008, 2366 -2008) 2 of 2 7/15/14 5:13 PM 1.85.030 Modified requirements for professionals. Kenai Municipal Code Up Previous Next Main http: / /www.gcode.us/ codes /kenai /view.php ?topic =l- 1_85 -1_8 Title 1 AGENCIES, OFFICERS AND EMPLOYEES Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST 1.85.030 Modified requirements for professionals. Search Print No Frames Notwithstanding other provisions of this chapter, health care providers, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Covered individuals who are the spouses or domestic partners of health care providers, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose the names of their professional spouse's or domestic partner's individual patients or clients who receive professional service. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of five thousand dollars ($5,000.00) or more for services to its members or a defined group, nor to the identity of clients receiving services that do not fall within the covered individual's field of professional expertise. (Ords. 359,2323 -2008) 1 of 1 7/15/14 5:13 PM 1.85.070 ,Definitions as used in this chapter. Kenai Municipal Code Up Previous Next Main http://www.qcode.us/codes/kenai/vicw.php?topic=1-135-1_8 Title 1 AGENCIES. OFFICERS, AND EMPLOYEES Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST 1.85.070 Definitions as used in this chapter. Search Print No Frames (a) "Municipal officer" means the Mayor, City Manager, Members of the Council, Members of the Planning and Zoning Commission, City Attorney and City Clerk. (b) "Covered individual" means a municipal officer or candidate and the municipal officer's or candidate's spouse, domestic partner, dependent children and non - dependent children residing with the officer or candidate. (c) "Domestic partner" means a person who is cohabitating with another person in a relationship like a marriage but that is not a legal marriage. (d) "Health care provider" means an acupuncturist licensed under AS 08.06, an audiologist or speech language pathologist licensed under AS 08.11, a chiropractor licensed under AS 08.20, a dental hygienist licensed under AS 08.32, a dentist licensed under AS 08.36, a nurse licensed under AS 08.68, a dispensing optician licensed under AS 08.71, a naturopath licensed under AS 08.45, an optometrist licensed under AS 08.72, a pharmacist licensed under AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a physician or physician assistant licensed under AS 08.64, a podiatrist licensed under AS 08.64, a psychologist or psychologist associate licensed under AS 08.86. (e) "Source of income" means an employer, other person, or entity paying compensation, dividends, or interest, directly or indirectly, for services, products, or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, limited liability company, corporation, professional corporation or other business entity in which the reporting person, spouse, domestic partner, dependent children or nondependent children residing with the reporting person, or a combination of them, hold a controlling interest, that proprietorship, partnership, limited liability company, corporation, professional corporation or other business entity may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers, or if KMC 1.85.030 applies. In all other cases, the clients or customers of the proprietorship, partnership, limited liability company, corporation, professional corporation or other business entity shall be listed as sources of income of the covered individual. (f) "Financial interest" means the receipt of financial benefit or the expectation of receiving financial benefit. A financial interest includes a financial interest of any member of the person's household. A person has a financial interest in an organization if he or she has an ownership interest in the organization, is a director, officer or employee of the organization. A financial interest also includes appearance as an attorney or a party plaintiff or defendant, or as a real party in interest, in any lawsuit, master's hearing or other legal proceeding in which the city is a party plaintiff or defendant or otherwise has a direct interest. A financial interest does not include (i) an affiliation with an organization solely as a volunteer, club member, or the like; or (ii) a personal or financial interest of a type which is generally shared in common with the public or a large class of citizens. (g) "Household" includes anyone whose primary residence is in the employee's, commissioner's or municipal officer's home, including non - relatives. 1 of 2 7/13/14 3:07 PM 1.85.070-Definitions as used in this chapter. http: / /wwvv.gcode.us/ codes /kenai /view.php ?topic =l- 1_85 -1_85 (h) "Official action" means a recommendation, decision, approval, disapproval, vote or other similar action, including inaction by an employee whether such action is administrative, legislative, quasi - judicial, advisory or otherwise. (Ords. 359, 1700 -96, 2319 -2008, 2323 -2008) (Note: To the extent that this chapter sets forth disclosure requirements which are less stringent than those imposed by AS 39.50 and AS 15.13, the more stringent requirements of State Statute must be followed. City Attorney's Opinion 4/20/79.) 2 of 2 7/13/14 3:07 PM AGENDA KENAI CITY COUNCIL — REGULAR MEETING JULY 16, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. Ordinance No. 2780- 2014 — Amending KMC 12.40.010- Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates SmokingTobacco . ................................................................................... Pg. 5 2. Ordinance No. 2781 -2014 — Amending KMC 1.85.050 - Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information .......... ............................Pg. 17 3. Resolution No. 2014 -50 — Directing the Continuation of the Project Entitled "VIP Drive Special Assessment District" and Designating what Improvements are to be Included in this Project ................................ ............................Pg. 21 4. Resolution No. 2014 -51 — Establishing a Kenai Business Improvement Program.................................................................. ............................... Pg. 27 5. Resolution No. 2014 -52 — Prescribing the Officials Bond Amount for the City Administrator and Finance Director Pursuant to Section 4.3 of the Kenai MunicipalCharter ....................................................... ............................Pg. 35 6. Resolution No. 20114-53— Awarding a Professional Services Agreement in the Amount of $112,178 to Nelson Engineering, P.C., for Design and Construction Administration for the Construction of South Beach Access Road......... Pg. 37 7. Resolution No. 2014-54— Authorizing the Use of the Equipment Replacement Fund to Purchase an Attachment for the New Volvo L110 Loader and Authorizing an Increase in the Loader's Purchase Contract for the Purchase of theAttachment .......................................................... ............................Pg. 45 MINUTES 1. *Regular Meeting of July 2, 2014 ................................. ............................Pg. 47 F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified ..................... ............................Pg. 59 2. *Action /Approval — Purchase Orders Exceeding $15,000 .................... Pg. 61 Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Holly Spann to the Parks & Recreation Commission............ Pg. 63 4. Action /Approval —Special Use Permit with the State of Alaska Department of Natural Resources /Division of Forestry to Conduct Aeronautical and /or Aviation Related Activities at the Kenai Municipal Airport ....................... Pg. 65 5. *Ordinance No. 2782 -2014— Enacting KMC 14.20.171 -Group Care Facilities, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Define and Provide Zoning Regulations for Group Care Facilities. .................................................................................. ............................Pg. 77 6. *Ordinance No. 2783 -2014 — Enacting KMC 14.20.172- Emergency Shelters, and Amending KMC 14.20.320 - Definitions, and KMC 14.22.010 - Land Use Table, to Provide Zoning Regulations for Emergency Shelters that Provide Temporary Housing for Homeless and Others in Need of Safe Accommodations.................................................... ............................... Pg. 95 7. *Ordinance No. 2784 -2014 — Amending KMC 14.22.010 -Land Use Table, to Designate Airports as a Conditional Use Instead of a Permitted Use, in Central Commercial, General Commercial, Light Industrial and Heavy Industrial Zones and to Clarify the Intended Land Use .................... ............................... Pg. 111 8. *Ordinance No. 2785 -2014 — Accepting and Appropriating a Grant from the State of Alaska for the Purchase of Library Books ............................... Pg. 117 July 16, H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission ........................ ............................... Pg. 119 7. Beautification Committee 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ......................................... .............................................. Pg. 123 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 Consultation with Legal Counsel Regarding Litigation Concerning CINGSA's Purchase of Mineral Rights, Easements, and Access to Pore Space, Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential [AS 44.62.310(c)(3)]. M. PENDING ITEMS 1. Ordinance No. 2748 -2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. [Clerk's Note: At its May 20'" meeting, Council postponed this ordinance to the August 20'" meeting.] 2. Ordinance No. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. [Clerk's Note: At its July 2 n meeting, Council postponed this ordinance to the August 20'" meeting.] N. ADJOURNMENT _,enai City Council Meeting Page 3 of 4 July 16, 2014 INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review .......... Pg. 139 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 -8231. Kenai City Council Meeting July 16, 2014 CITY OF KENAI rANCE NO. 2780 -2014 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.40.010- DEFINITIONS, TO INCLUDE AND REGULATE THE USE OF ELECTRONIC CIGARETTES AND THE SMOKING OF NON - TOBACCO PLANT BASED MATERIALS THE SAME AS THE CITY CURRENTLY REGULATES SMOKING TOBACCO. WHEREAS, Kenai Municipal Code Chapter 12.40 - Regulation of Smoking, currently regulates smoking tobacco products but does not specifically address use of electronic cigarettes or smoking other non - tobacco substances; and, WHEREAS, use of electronic cigarettes has noticeably increased recently; and, WHEREAS, the safety of electronic cigarettes and associated vapor to the user and third parties is disputed; and, WHEREAS, the US Food and Drug Administration is moving towards regulation of e- cigarettes, but does not currently regulate them; and, WHEREAS, the use of electronic cigarettes in restaurants and other places where cigarette smoking is currently prohibited can be concerning and distracting to other patrons; and, WHEREAS, many other municipalities across the country are regulating electronic cigarettes the same or similar to tobacco cigarettes; and, WHEREAS, it is important to protect the public that chooses not to ingest certain products from any substance, whether tobacco or other plant matter, that is exhaled and may be inhaled by third parties; and, WHEREAS, Alaskan voters will have the opportunity to vote on Ballot Measure 2 on November 4, 2014, An Act to Tax and Regulate the Production, Sale and Use of Marijuana, which may increase use of marijuana in public; and, WHEREAS, like the smoking of tobacco, passage of this Ordinance would prohibit use of electronic cigarettes and the smoking of other plant based matter, in and within specified distances of indoor eating establishments, bowling alleys, businesses and outdoor areas posted as no smoking, as well as healthcare facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that New Text Underlined; DELETED TEXT BRACKETED] Page 5 of 139 Ordinance No. 2780 -2014 Page 2 of 3 Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 12 40 010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 12.40.010 - Definitions, is hereby amended as follows: 12.40.010 Definitions. "Bar" means a premises licensed under AS 04.11.090 which does not employ any person under the age of twenty-one (21) and which does not serve any person under the age of twenty -one (21) unless accompanied by a parent or guardian, and where tobacco smoke cannot filter into any other area where smoking is prohibited through a passageway, ventilation system or other means. A "bar" does not include areas in an eating establishment where alcoholic beverages may be served. "Business" means any legal entity, whether for profit or not for profit, that provides goods or services, including, but not limited to, a sole proprietorship, partnership, limited liability company, corporation, trust, membership organization or similar entity. "Eating establishment" means any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria, fast food service and other establishments, including any bar area of any such establishment which is not an enclosed area, the primary purpose of which is to give or offer for sale food to the public and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as kitchens in which food is prepared. ;1 11 y� "Enclosed area" means a ventilated area so that air from a smoking area is not drawn into or across the nonsmoking area where all space between a floor and ceiling is enclosed on all sides by solid walls or windows, exclusive of doors or passage ways, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend between the floor and ceiling or are not solid. The doors of an enclosed area should remain closed whenever practicable. "Health care facility" means a business, office or institution that provides medical or mental health treatment. "Operator" means and includes the owner, proprietor, manager, lessee, lessor, licensee or any other person exercising control over any eating establishment, business or bar. "Smoking" means either 111 the burning, inhaling or exhaling of a tobacco or other plant based material or carrying any lighted pipe, cigar, cigarette or other combustible substance in any manner or in any form or 121 the use of anv electronic cigarette. New Text Underlined; [DELETED TEXT BRACKETED] Page 6 of 139 Ordinance No. 2780 -2014 Page 3 of 3 Section 3. Severabili ty: 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 4. 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 16th day of July, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: July 2, 2014 Adopted: July 16, 2014 Effective: August 15, 2014 New Text Underlined; IDELETED TEXT Page 7 of 139 u "Village with a Past, C# with a Future" 210 Fidalgo Avenue; Kenai, Alaska 99611-7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MEMORANDUM TO: City Councilors FROM: Mayor Porter DATE: June 26, 2014 SUBJECT: Ordinance No. 2780 -2014, E- Cigarettes The City currently regulates where tobacco cigarettes can be smoked in public as well as in certain private establishments such as restaurants and healthcare facilities. Electronic cigarettes, which involve vaporizing certain substances, have become more noticeable and popular. Many municipalities and airlines across the country already regulate electronic cigarettes the same as tobacco. The FDA does not regulate electronic cigarettes but is in the process of doing so. The safety of these devices to the user and third party is contested and debated. However, until and unless it is conclusively determined that electronic cigarettes are safe with regards to second hand "smoke" I strongly believe the City should protect its residents the same as they are protected from second hand smoke from tobacco. I have also included in this Ordinance a reference to smoking other plant based material. Again, like with electronic cigarettes this is a proactive measure to protect non - smokers from those who choose to smoke, whether it is tobacco or some other substance such as marijuana. With the upcoming vote on Ballot Measure 2, An Act to Tax and Regulate the Production, Sale, and Use of Marijuana, this Ordinance is timely. This Ordinance would not interfere with any state or federal regulation regarding electronic cigarettes or marijuana, as it does not make either permissible or impermissible, but only prohibits their use in certain places. the same as tobacco is regulated. Your consideration is appreciated. Y: \City Council \Memorandums\2014 0626 E- Cigarettes Memo.docx Page 8 of 139 THE STATE 01ALASKA GOVERNOR SEAN PARNELI, Electronic Cigarette and Aerosol Emissions Product Update and Position Department of Health and Social Services DIVISION OF PUBLIC HEALTH Director's Office 3601 C Street, Suite 756 Anchorage. Alaska 99503-5924 Main: 907.269.8126 Fox: 907.269.2048 Electronic cigarettes (e- cigarettes, a -cigs, e- hookah or vape pens) are marketed by the Tobacco Industry and other manufacturers as a new nicotine delivery system. These battery- powered devices heat nicotine, flavor additives and other chemicals, to produce an aerosol inhaled by the user. Their production is unregulated and varies widely - recent research and consumer experience reflect questionable product quality, content and safety.' With only limited research to date, the presence of toxins and cancer - causing agents as well as the health effects of their use are not yet fully known. Chemical and Toxin Emissions in E- Cigarette Aerosol • E- cigarettes do not just emit "harmless water vapor." Secondhand ecigarette aerosol (incorrectly called vapor by the industry) contains nicotine, ultrafine particles and low levels of toxins that are known to cause cancer! The FDA's initial investigation into the content of e- cigarettes found the aerosol potentially hazardous to the public's health due to tobacco - specific nitrosamines and other volatile organic compounds.3 • Studies have shown the presence of heavy metals and carcinogens in e- cigarette aerosol. 4 ,S.6 • Propylene glycol, a chemical that is used as a base in e- cigarette solution, is one of the primary components in the aerosol emitted by e- cigarettes. • Short tern exposure causes eye, throat and airway irritation.' • Long term inhalation exposure can result in children developing asthma.s Because they look like traditional cigarettes and emit the aerosol, e- cigarettes have the potential to negatively impact social norms and make smokeftee workplace policies harder to enforce. In some states and communities, the public is being protected from potential health harms through local ordinances and regulations prohibiting e- cigarette use in indoor environments. Industry Marketing and the Rise in Youth E- Cigarette Use • The U.S. Food and Drug Administration (FDA) does not currently regulate these products. • Marketers use child - friendly flavors such as "Gumi Bearz" or "Mount N' Do "', themes of rebellion, and celebrity endorsements - strategies long used to market traditional cigarettes to children. • Sales of e- cigarettes in the U.S. have doubled since 2011 to $1.7 billion in 2013.3 • Although youth smoking rates have decreased, e- cigarette use has risen across the U.S. and, alarmingly, doubled among middle and high school students between 2011 and 2012.10 re C pl MX464dnd Higt ksd” St d nts Swdm. • e�"nov cyettet ■ Fpa „tm Page 9 of 139 Use of Cigarettes and Electronic Cigarettes by U.S. Students in 2011 and 2012. Data are from the Centers for Disease Control and Prevention' Electronic Cigarette and Aerosol Emissions Product Update and Position Page 2 Lack of Reliability, Safety Require Regulation and Extensive Research E- cigarettes contain varying levels of nicotine - a tobacco - derived product — which can initiate and/or prolong nicotine addiction. I • These unregulated products may provide uncontrolled doses of nicotine and other harmful chemicals - users have no way of being certain how much is being inhaled or exhaled. It • Ingestion or skin contact with nicotine solution from a cartridge can lead to nicotine poisoning and can be deadly, especially to children and animals. Accidental nicotine poisonings and lethal doses are a serious concern because the refill "juice" is not sold in child - resistant containers. • Dozens of Alaskan youth are treated for nicotine poisoning every year.'' is Nicotine affects the nervous system and heart, and can negatively affect the developing brain, It should not be made available to minors. E- Cigarettes are Not an FDA - approved Cessation Device • The FDA has not approved e- cigarettes as an effective method to help smokers quit. • FDA - approved tobacco cessation products provide controlled doses of nicotine and have been tested and regulated as cessation products. Alaska's Tobacco Quit Line is a free service for all Alaskans ready to quit tobacco. Counseling and FDA - approved Nicotine Replacement Therapies, when used in combination, have been shown to be a safe and effective way to quit. Call 1 -800 QUIT NOW or visit www.alaskacluitline.com to enroll today. Alaska has seen tremendous progress in reducing smoking but we must remain ever vigilant to protect our young people. Because they are unregulated, the e- cigarette industry has grown markedly over the last few years using old tactics like celebrities to promote and glamorize their use, addicting those most impressionable. More research is needed on the long- term health effects, but we can take steps today to protect our young people. Ward B. Hurlburt, M.D., MPH Chief Medical Officer, Alaska Department of Health and Social Services May 21, 2014 'US Food and Drug Administration Evaluation of e- cigarettes. 2009. Available at: htluJwww I a downloads /Owcs75oe rice hesearch /UCM173250. pill Accessed March 4, 2014 ' Grana, R; Benowitz, N; Glantz, S. "Background Paper on E- cigarettes," Center for Tobacco Control Research and Education, University of California, San Francisco and WHO Collaborating Center on Tobacco Control. December 2013. ' Fairchild, Amy L PhD, MPH, Sayer, Ronald PhD, Colgzove, James PhD, MFH, New England Journal of Medicine January 23, 2014; 370: 293295. Accessed from: hito' Ilwww.Fieim.org/`dd./`full/10 1056fNEjlVIV12i3940?Queiv=TOC& I Williams, M, Villarreal, A, Elc ilov, K, Lin, 5, Talbot, P. Metal and silicate panicles including nanoparticles are present in electronic cigarette cartomizer fluid and aerosol. PLOS ONE. Sept. 2013. s Goniewicx, ML, Knysak, J. Gawron, M, el al, Levels of selected carcinogens and toxicants In vapour from electronic cigarettes. Tobacco Control. 2011 s Schripp, T. Markewitz, D. Uhde. E. Salthammer, T. Does e- cigarette consumption cause passive vaping? Indoor Air. 2013. Wieslander. G; Norb lck, D; Lindgren, T. "Experimental exposure to propylene glycol mist In aviation emergency training: acute ocular and respiratory effects." Occupational and Environmental Medicine 58:10649 -655, 2001. "Choi, H; Schmidbauer,N; Spengler,': Bornehag, C., "Sources of Propylene Glycol and Glycol Ethers in Air at Home," Imernobona/Journal of Environmental Research and Public Health 7(12):4213 -4237, December 2010. ' Fallacy Vapors: etiquid Menu mep.i ,, ww.fatbovvaporsalaska.com h leh;lum 21( idyq " Centers for Disease Control and Prevention. Tobacco Product Use Among Middle and High School Students— United States, 2011 and 2012. Morbidity and Mortality Weekly Report 2013;621451:893 -7 lccessed 2014 Feb 14]. ntlpwww,cdc ov mmwolprevrew !jornwinimi mmc245a2 htm?� cid= R.20nv1,6245a2 hurt w " U.S. Food and Drug Administration. "FDA and Pubic Health Experts Warn About Electronic Cigarettes "July 22, 2009. Available at: nttp'liwww Ida. av News Events Newsroom /PressSrnaun cgmentstsR W uem17 ?222 hOr, Nicotine I'xposures. Alaska Poison Control System. Stare of Alaska DHSS Page 10 of 139 • AMERICANS FOR NONSMOKERS' RIGHTS Defending your right to breathe smokdB air since 1976 Electronic (e -) Cigarettes and Secondhand Aerosol "if you are around somebody who is using e- cigarettes, you are breathing an aerosol of exhaled nicotine, ultra -fine particles, volatile organic compounds, and other toxins," Dr. Stanton Glantz, Director for the Center for Tobacco Control Research and Education at the University of California, San Francisco. Current Legislative Landscape • As of January 2, 2014, 108 municipalities and three states include e- cigarettes as products that are prohibited from use in smokefree environments. Constituents of Secondhand Aerosol E- cigarettes do not just emit "harmless water vapor." Secondhand e- cigarette aerosol (incorrectly called vapor by the industry) contains nicotine, ultrafine particles and low levels of toxins that are known to cause cancer. • E- cigarette aerosol is made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke.' • Exposure to fine and ultrafine particles may exacerbate respiratory ailments like asthma, and constrict arteries which could trigger a heart attack .2 At least 10 chemicals identified in e- cigarette aerosol are on California's Proposition 65 list of carcinogens and reproductive toxins, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986. The compounds that have already been identified in mainstream (MS) or secondhand (SS) e- cigarette aerosol include: Acetaldehyde (MS), Benzene (SS), Cadmium (MS), Formaldehyde (MS,SS), Isoprene (SS), Lead (MS), Nickel (MS), Nicotine (MS, SS), N- Nitrosonornicotine (MS, SS), Toluene (MS, SS).''d • E- cigarettes contain and emit propylene glycol, a chemical that is used as a base in e- cigarette solution and is one of the primary components in the aerosol emitted by e- cigarettes. • Short term exposure causes eye, throat, and airway irritation.5 • Long term inhalation exposure can result in children developing asthma .6 • Even though propylene glycol is FDA approved for use in some products, the inhalation of vaporized nicotine in propylene glycol is not. Some studies show that heating propylene glycol changes its chemical composition, producing small amounts of propylene oxide, a known carcinogen.7 • There are metals in e- cigarette aerosol, including chromium, nickel, and tin nanoparticles 8 • FDA scientists found detectable levels of carcinogenic tobacco - specific nitrosamines in e- cigarette aerosol.9 2530 San Pablo Avenue, Suite J . Berkeley, California 94702 • (510) 841 -3032 I FAX (510) 841 -3071 www.no- smoke.org . am @no- smoke.org Page 11 of 139 • People exposed to e- cigarette aerosol absorb nicotine (measured as cotinine), with one study showing levels comparable to passive smokers." • Diethylene Glycol, a poisonous organic compound, was also detected in e- cigarette aerosol." • Exhaled e- cigarette aerosol contained propylene glycol, glycerol, flavorings, and nicotine, along with acetone, formaldehyde, acetaldehyde, propanal, diacetin, and triacitine.12 • Many of the elements identified in the aerosol are known to cause respiratory distress and disease. The aerosol contained particles >1 pm comprised of tin, silver, iron, nickel, aluminum, and silicate and nanoparticles ( <100 nm) of tin, chromium and nickel. The concentrations of nine of eleven elements in e- cigarette aerosol were higher than or equal to the corresponding concentrations in conventional cigarette smoke.t3 • E- cigarettes cause exposure to different chemicals than found in conventional cigarettes and there is a need for risk evaluation for both primary and passive exposure to the aerosol in smokers and nonsmokers .14 • Short term use of e- cigarettes has been shown to increase respiratory resistance and impair lung function, which may result in difficulty breathing. • Overall, e- cigarettes are a new source of Volatile Organic Compounds (VOCs) and ultrafinelfine particles in the indoor environment, thus resulting in "passive vaping." to E- cigarette aerosol is a new source of pollution and toxins being emitted into the environment. We do not know the long -term health effects of e- cigarette use and although the industry marketing of the product implies that these products are harmless, the aerosol that e- cigarettes emit is not purely water vapor. May be reprinted with appropriate attribution to Americans for Nonsmokers' Rights, © 2014 REFERENCES ' Fuoco, F.C.; Buonanno, G.; Stabile, L.; Vigo, P., "Influential parameters on particle concentration and size distribution in the mainstream of e- cigarettes " Environmental Pollution 184: 523 -529, January 2014. z Grana, R; Benowitz, N; Glantz, S. 'Background Paper on E- cigarettes," Center for Tobacco Control Research and Education, University of California, San Francisco and WHO Collaborating Center on Tobacco Control. December 2013. 3 Goniewicz, M.L.; Knysak, J.; Gawron, M.; Kosmider, L.; Sobczak, A.; Kurek, J.; Prokopowicz, A.; Jablonska- Czapla, M.; Rosik - Dulewska, C.; Havel, C.; Jacob, P.; Benowitz, N., "Levels of selected carcinogens and toxicants in vapour from electronic cigarettes," Tobacco Control IEpub ahead of print], March 6, 2013. Williams, M.; Villarreal, A.; Bozhilov, K.; Lin, S.; Talbot, P., "Metal and silicate particles including nanoparticles are present in electronic cigarette cartomizer fluid and aerosol," PLoS ONE 8(3): e57987, March 20, 2013. 5 Wieslander, G; Norback, D; Lindgren, T. "Experimental exposure to propylene glycol mist in aviation emergency training: acute ocular and respiratory effects." Occupational and Environmental Medicine 58:10 649 -655, 2001. 6 Choi, H; Schmidbauer,N; Spengler,J; Bornehag, C., "Sources of Propylene Glycol and Glycol Ethers In Air at Home," International Journal of Environmental Research and Public Health 7(12): 4213 -4237, December 2010. Henderson, TR; Clark, CR; Marshall, TC; Hanson, RL; & Hobbs, CH. "Heat degradation studies of solar heat transfer fluids " Solar Energy, 27, 121 -128. 1981. Page 12 of 139 8 Williams, M.; Villarreal, A.; Bozhilov, K.; Lin, 5.; Talbot, P., "Metal and silicate particles including nanooarticles are present in electronic cigarette cartomizer fluid and aerosol." POS ONE8(3): e57987, March 20, 2013. Westenberger, B.J., "Evaluation of e- cigarettes," St. Louis, MO: U.S. Department of Health and Human Services (DHHS), Food and Drug Administration (FDA), Center for Drug Evaluation and Research, Division of Pharmaceutical Analysis, May 4, 2009. 10 Flouris, A.D.; Chorti, M.S.; Poulianiti, K.P.; Jamurtas, A.Z.; Kostikas, K.; Tzatzarakis, M.N.; Wallace, H.A.; Tsatsaki, A.M.; Koutedakis, Y., "Acute impact of active and passive electronic cigarette smoking on serum cotinine and lung function;' Inhalation Toxicology 25(2): 91 -101, February 2013. 11 Westenberger, B.J., "Evaluation of e- cigarettes." St. Louis, MO: U.S. Department of Health and Human Services (DHHS), Food and Drug Administration (FDA), Center for Drug Evaluation and Research, Division of Pharmaceutical Analysis, May 4, 2009. Iz Schripp, T.; Markewitz, D.; Uhde, E.; Salthammer, T., "Does e- cigarette consumption cause passive vaping ?." Indoor Air 23(1): 25 -31, February 2013. 13 Williams, M.; Villarreal, A.; Bozhilov, K.; Lin, S.; Talbot, P., "Metal and silicate Particles including nanoparticles are present in electronic cigarette cartomizer fluid and aerosol." PLOS ONE 8(3): e57987, March 20, 2013. 14 Pellegrino, R.M.; Tmghino, B.; Mangiaracina, G.; Marani, A.; Vitali, M.; Protano, C.; Osborn, l.F.; Cattaruzza, M.S., "Electronic cigarettes: an evaluation of exposure to chemicals and fine particulate matter (PM) "Annall Di Igiene 24(4):279 -88, July- August 2012. ss Vardavas, C.I.; Anagnostopoulos, N.; Kougias, M.; Evangelopoulou, V.; Connolly, G.N.; Behrakis, P.K., "Short-term Pulmonary effects of using an electronic cigarette: impact on respiratory flow resistance impedance and exhaled nitric oxide," Chest 141(6):1400 -1406, June 2012. 36 Schripp, T.; Markewitz, D.; Uhde, E.; Salthammer, T., "Does e- cigarette consumption cause Passive vaoine ?." Indoor Air 23(1): 25 -31, February 2013. 1402 [FS -39] 3 Page 13 of 139 Press Release Embargoed until 1 p.m. ET Contact: CDC Media Relations (404) 639 -3286 Thursday, April 3, 2014 New CDC study finds dramatic increase in e- cigarette - related calls to poison centers Rapid rise highlights need to monitor nicotine exposure through e- cigarette liquid and prevent future poisonings The number of calls to poison centers involving e- cigarette liquids containing nicotine rose from one per month in September 2010 to 215 per month in February 2014, according to a CDC study published in today's Morbidity and Mortality Weekly Report. The number of calls per month involving conventional cigarettes did not show a similar increase during the same time period. More than half (51.1 percent) of the calls to poison centers due to e- cigarettes involved young children 5 years and under, and about 42 percent of the poison calls involved people age 20 and older. The analysis compared total monthly poison center calls involving e- cigarettes and conventional cigarettes, and found the proportion of e- cigarette calls jumped from 0.3 percent in September 2010 to 41.7 percent in February 2014. Poisoning from conventional cigarettes is generally due to young children eating them. Poisoning related to e- cigarettes involves the liquid containing nicotine used in the devices and can occur in three ways: by ingestion, inhalation or absorption through the skin or eyes. "This report raises another red flag about e- cigarettes — the liquid nicotine used in e- cigarettes can be hazardous," said CDC Director Tom Frieden, M.D., M.P.H. "Use of these products is skyrocketing and these poisonings will continue. E- cigarette liquids as currently sold are a threat to small children because they are not required to be childproof, and they come in candy and fruit flavors that are appealing to children." E- cigarette calls were more likely than cigarette calls to include a report of an adverse health effect following exposure. The most common adverse health effects mentioned in e- cigarette calls were vomiting, nausea and eye irritation. DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION SAFER•HEALTHIER• PEOPLE " Page 14 of 139 Data for this study came from the poison centers that serve the 50 states, the District of Columbia, and U.S. Territories. The study examined all calls reporting exposure to conventional cigarettes, e- cigarettes, or nicotine liquid used in e- cigarettes. Poison centers reported 2,405 e- cigarette and 16,248 cigarette exposure calls from September 2010 to February 2014. The total number of poisoning cases is likely higher than reflected in this study, because not all exposures might have been reported to poison centers. "The most recent National Youth Tobacco Survey showed e- cigarette use is growing fast, and now this report shows e- cigarette related poisonings are also increasing rapidly," said Tim McAfee, M.D., M.P.H., Director of CDC's Office on Smoking and Health. "Health care providers, e- cigarette companies and distributors, and the general public need to be aware of this potential health risk from e- cigarettes." Developing strategies to monitor and prevent future poisonings is critical given the rapid increase in e- cigarette related poisonings. The report shows that e- cigarette liquids containing nicotine have the potential to cause immediate adverse health effects and represent an emerging public health concern. U.S. Department of Health and Human Services CDC works 2417 saving lives, protecting people from health threats, and saving money through prevention. Whether these threats are global or domestic, chronic or acute, curable or preventable, natural disaster or deliberate attack, CDC is the nation's health protection agency. % DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION SAFER- HEALTHIER- PEOPLE'" Page 15 of 139 [PAGE LEFT BLANK INTENTIONALLY] Page 16 of 139 CITY OF KENAI NO. 2951 -2014 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.85.050- REFUSAL OR FAILURE TO DISCLOSE, TO AMEND AND CLARIFY CONSEQUENCES FOR REFUSAL OR FAILURE TO TIMELY FILE REQUIRED FINANCIAL DISCLOSURE INFORMATION. WHEREAS, Kenai Municipal Code 1.85.010 requires candidates for elective municipal office and newly elected and existing municipal officers to file a statement specifying business interests and income sources as required by KMC 1.85.020; and, WHEREAS, KMC 1.85.050 currently provides that candidates that refuse or fail to file the required disclosures will be withheld or removed from the filing records of candidates; that appointed elected municipal officials shall not take office for failure to comply and that existing officials who fail to comply are guilty of a violation (minor offense) and upon conviction are subject to a fine of up to $500.00 a day; and, WHEREAS, KMC 1.85.050 is not as clear as it should be with regard to penalties and other consequences which may lead to lack of enforcement; and, WHEREAS, a preferred approach would be to distinguish between failure to timely file and filing false reports, the first to be subject only to a reasonable civil penalty to encourage compliance and the second to a minor offense to discourage false reporting; and, WHEREAS, it is reasonable to include an opportunity for those subject to civil fines and minor offenses regarding filing financial disclosures to be able to explain any extenuating circumstances prior to the assessment of fines or penalties; and, WHEREAS, due to the sensitive nature of disclosures and relationships between Council, the City Manager, City Clerk and the City Attorney, the code should clearly provide direction as to who will enforce any imposition of civil fines and /or penalties. 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 Section1.85.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.85.050 - Refusal or Failure to Disclose, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] Page 17 of 139 Ordinance No. 2781 -2014 Page 2 of 3 1.86.050 Refusal or failure to disclose. (a) If a candidate fails or refuses to file the statement required by KMC 1.85.010, his or her filing shall be refused or, if previously accepted, shall be returned and his or her name shall be withheld or removed from the filing records of candidates. (b) A (PERSON] newly appointed or elected municipal officer failing or refusing to comply with the requirements of this chapter shall forfeit his or her [NOMINATION] elected or appointed position and shall not be seated or sworn to the office for which he or she was elected or appointed [IS A CANDIDATE]. (c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to [MAKE] submit a required disclosure of information, as provided in this chapter, by (d) Any candidate or municipal officer [OR] who files a statement containing false or misleading information knowing it to be false or misleading, shall be guilty of a violation and upon conviction is punishable by a fine as provided for violations in KMC 13.05.010. (e) The City Clerk or Attorney shall notify the City Council in writing of any known Section 3. 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 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect 30 days after adoption. New Text Underlined; [DELETED TEXT BRACKETED] Page 18 of 139 Ordinance No. 2781 -2014 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: July 2, 2014 Adopted: July 16, 2014 Effective: August 15, 2014 New Text Underlined; DELETED TEXT Page 19 of 139 "'Villaye with a bast, C# with a Futurell 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 MEMORANDUM TO: City Councilors FROM: Mayor Porter DATE: June 26, 2014 SUBJECT: Ordinance No. 2781 -2014, Financial Disclosure The City has not meaningfully revisited its consequences for refusal or failure for municipal officers to comply with its financial disclosure requirements since 1977, when the City opted out of the State of Alaska's requirements by a vote of the people. This Ordinance updates existing code requirements for clarification and implements a $10.00 per day fine for late submittals by existing officers, up to a maximum of $1000.00 (100 days late). It maintains the current penalty of a minor offense for filing false reports. It also provides a mechanism for reporting violations of the City's rules on financial disclosures and direction for following through with enforcement. Your consideration is appreciated. YACity CouncilNcrnorandums\2014 0626 Financial Disclosure Memo.docx Page 20 of 139 Suggested by: Council CITY OF KENAI RESOLUTION NO. 2014 -50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE PROJECT ENTITLED "VIP DRIVE SPECIAL ASSESSMENT DISTRICT' AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT. WHEREAS, the following is a list of improvements that are scheduled to be completed under this project: 1. Mobilization & Demobilization 2. Preparation of Existing Surfaces 3. Crushed Aggregate Base Course (2 ") 4. Asphalt Cement Pavement (2 ") 5. Traffic Markings /Signage 6. Driveway Culverts (9) (15" X 15 ") 7. Driveway Approaches WHEREAS, the Council finds the improvements are necessary and of benefit to the properties to be assessed; and, WHEREAS, no letters of objection to the improvement plan have been filed in writing with the City Clerk; and, WHEREAS, the project is not objected to by owners of properties bearing fifty percent (50 %) or more of the estimated costs to be borne by property owners; and, WHEREAS, the assessment recommended by Administration is an equal division of property owner costs between the nine properties affected by the proposed project; and, WHEREAS, the total estimated cost of the project is $126,396.00, to be shared equally between the City and property owners. The cost to the property owners is $63,198, or $7,022 per lot; and, WHEREAS, this resolution will be mailed to each property owner adjacent to the street designated for improvements; and, WHEREAS, the property owner's name and address used will be that which is on record at the Kenai Peninsula Borough as of June 16, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council directs the City Administration to continue with the project entitled "VIP Drive Special Assessment District" and the improvements listed above; that an account be kept of all costs of the improvements and that after all costs are known, the City Manager shall prepare and file with the City Clerk an assessment roll for the Page 21 of 139 improvements as prescribed by KMC 16.10.080. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. ATTEST: Sandra Modigh, CMC City Clerk PAT PORTER, MAYOR Page 22 of 139 Cost Estimate for Proposed VIP Drive Improvement District (February 20, 2014) Cost Item Description Unit Quantity Unit Cost Sub -Total Mobilization & Demobilization LS 1 $ 10,000.00 $ 10,000.00 Prepare Existing Surface LS 1 $ 5,000.00 $ 5,000.00 Crushed Aggregate Base Course (2 ") Ton 300 $ 30.00 $ 9,000.00 Ashpalt Cement Pavement (2 ") Ton 225 $ 150.00 $ 33,750.00 Sawcut /Remove Existing Pavement LS 1 $ 500.00 $ 500.00 SWPPP LS 1 $ 1,500.00 $ 1,500.00 Traffic Markings LF 2000 $ 0.40 $ 800.00 Driveway Culverts (9) (15" x 15') LF 135 $ 35.00 $ 4,725.00 Driveway Approach EA 9 $ 2,500.00 $ 22,500.00 Sub -Total $ 87,775.00 Design & Const. Admin (20 %) $ 17,555,00 Contingency (20 %) $ 21,066.00 Total $ 126,396.00 Est. City of Kenai Share (50 %) $ 63,198.00 Est. Property Owners Share (50'0) $ 63,198.00 Est. Property Owners Share Per Lot (9) $ 7,022.00 Prepared By: R. Koch Page 1 of 1 Page 23 of 139 a Z W x LL 0 r J W a_ 0 W V) a 0 CL N W I v 0 J 0 0 x H W z W 2 W N Q ri 0 N O N m 3 L L v Page 24 of 139 q N N N N N N fV Ili N a L O O O O O C O I O C EN d- r n n n n' r - E ma « c � W W a C h O Q N N N N N N N 1A N ory v e v ry �u ai r m .: vi m �ri w ry a LL a N C C q m o 0 0 0 � m c0 b b 1/1 V1 m Nro LO w v o w a W m m N N N VF N N N N N a m m m o Iq o m m V jA A C m N n b O M n b N O CO M N 1p Q E �p lG h b n N n b b E � c v u Q V1 VY V1 N N V} N N N m �. O eo 1p O O m N ip b b 0 M N N N O O S O O O O O 00 N b n w v1 n b b O y O VI M V1 V OO O V1 o ^' 2 - v a 2 c v w = y N c r m m m o � 0 a 0 a LL U q N a � � Y p of ✓� in � 00 00 m � m � m N b O N Y N Y N Y N Y Y Y N Y N Y N Y m m m m m m m m m 6 O1 D] n b Vt Q M u� a a e e r A r r e a a a t q w b a a a ot o, a a U N o N v ✓1 o VI 0 N 0 N 0 N 0 0 VI a G a W N N N N W N A N N W W W 3 0 h o p W i o N p p a G a a a a a v a a a •°1• > > > > > > > > > > EL^ 0 0 0 c a a m ry o 0 W N N N N N N N u c p O O N m m m w a � o 0 0 0 0 0 0 0 0 r 0 o 0 c Q Q Q Q Q Q Q Q a r a Page 24 of 139 u "'Villaye wdh a Past, Ci� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 Illlfl 1992 MEMO: TO: City Council FROM: Rick Koch DATE: July 10, 2014 SUBJECT: Resolution 2014 -50, VIP Drive Special Assessment District The purpose of this correspondence is to recommend that the Council adopt the passage of the above referenced ordinance. Under State Grant 12 -DC -376 there are sufficient funds available to support this project. Construction of the specified roadway improvements will reduce annual road maintenance costs and improve air quality as a result of less dust being generated by vehicle traffic. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Page 25 of 139 [PAGE LEFT BLANK INTENTIONALLY] Page 26 of 139 <<A CITY OF KENAI Suggested by: Administration rautyof HENAI.ALA SNA RESOLUTION NO. 2014 -51 • RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING • KENAI BUSINESS IMPROVEMENT PROGRAM. WHEREAS, it is in the best interest of the Kenai Business Community and residents to have attractive welcoming business buildings; and, WHEREAS, a limited public investment will promote private investment in the City's business core area; and, WHEREAS, in 2013 the Kenai City Council requested that the Planning & Zoning Commission review the Soldotna Storefront Improvement Program to determine if a similar program was appropriate in the City of Kenai; and, WHEREAS, the Planning & Zoning Commission held work sessions to discuss a Kenai Business Improvement Program; and, WHEREAS, on the 24th day of May, 2014, the Planning & Zoning Commission passed Resolution PZ -14 -09 recommending that the Kenai City Council adopt the Kenai Business Improvement Program Guidelines and Application. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: 1. The 2014 Kenai Business Improvement Plan (Exhibit A) is approved subject to funding. 2. Should funding continue for future years, the City Administration may modify the Kenai Business Improvement Plan as needs arise and report changes to the City Council as soon as reasonable practical. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 10th day of July, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Page 27 of 139 "Villaye witk a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 _ Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 tIIR 1997 REVIEWED BY COUNCIL/ y Me c�' Of NO ACTION TAKEN — V fr0iim ib bi KENAA� SKA Date:(01N1+—'§M 4fx- G,�pl'cal* MEMORANDUM TO: City Council { ^ FROM: Francis Krizmanich, City Planner THROUGH: Rick Koch V DATE: June 18, 2014 SUBJECT: Kenai Business Improvement Program In 2013, the City Council became interested in the Storefront Improvement Program (SIP) that was created by the City of Soldotna. The program was created to help revitalize businesses along their highway corridors by providing matching grant funding for storefront improvements to commercial properties with street frontage. The Kenai City Council requested that the Planning Commission review the Soldotna program to possibly create a similar program for the City of Kenai. The Planning Commission held work sessions in 2013, and also in February, March and April this year. At their meeting on May 14, the Planning Commission approved the Kenai Business Improvement Program (KBIP) by their Resolution PZ14 -09, which is now being presented to City Council. For this meeting I would like to present the new Kenai Business Improvement Program (KBIP) Guidelines and Application as recommended by the Planning and Zoning Commission. • The program should be named the Kenai Business Improvement Program (KBIP). • The Program should be limited to properties located in the commercial zone districts. These districts include the Townsite Historic, Central Commercial, Limited Commercial, General Commercial and Central Mixed zones. • Projects must front on an identified public street. • The Planning Commission recommended that City Council appoint a selection committee to decide which projects are eligible. The staff recommends that Council appoint the Mini Grants Committee. Page 28 of 139 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -09 KEMASKA ALAIA KENAI BUSINESS IMPROVEMENT PROGRAM A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL AND ADOPTION OF THE KENAI BUSINESS IMPROVEMENT PROGRAM FOR THE CITY OF KENAI TO THE KENAI CITY COUNCIL. WHEREAS, in 2013 the City Council requested that the Planning and Zoning Commission review the Soldotna Storefront Improvement Program to possibly create a similar program for the City of Kenai; WHEREAS, the Planning and Zoning Commission held work sessions during 2013 to review the Soldotna program; WHEREAS, on February 26, 2014, the Kenai Planning and Zoning Commission continued their review of the information pertaining to the City of Soldotna's Storefront Improvement Program. The Commission agreed that a similar program would be beneficial to the City of Kenai; WHEREAS, on March 26, 2014, the Planning and Zoning Commission discussed changes and additions to the program guidelines and application format and agreed to develop a business improvement program to be known as the Kenai Business Improvement Program (KBIP); and WHEREAS, on April 9, 2014, the Kenai Planning and Zoning Commission reviewed and approved the final draft of the Kenai Business Improvement Program guidelines and recommends to the Kenai City Council approval of the Kenai Business Improvement Program. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council adopt the Kenai Business Improvement Program guidelines and application attached hereto. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THE 14TH DAY OF MAY, 2014. CHAIRPE ATTEST: Page 29 of 139 Page (1 KBIP PROGRAM GUIDELINES - 2014 PURPOSE The purpose of the Kenai Business Improvement Program (KBIP) is to revitalize Kenai's commercial corridors by stimulating additional private investment in our local economy. By partnering with local business owners and lessees to share the cost of beautifying the exterior of a business, the program aims to boost traffic, increase property values, and improve the overall look and vitality of our city's commercial core. The program is being established to meet several goals: - Promoting development of our "downtown area" to attract both visitors and residents; - Encouraging redevelopment of key commercial areas, particularly businesses with street fronts in the commercial zone districts. The commercial zone districts include Townsite Historic, Central Commercial, Limited Commercial, General Commercial and the Central Mixed Use. - Ensuring a healthy economy by supporting a diversity of local businesses; and - Improving the streetscape along the Kenai Spur Highway. GENERAL INFORMATION The KBIP is a reimbursement grant, which can be used for exterior improvements to businesses in the City of Kenai. The amount available for each property is 50% of the cost of eligible improvements, up to a maximum of $5,000. Matching grants are paid upon completion of pre - approved, applicant -paid work. Under no circumstance will grant funds be disbursed for work completed before a Commitment Letter is provided. The amount of funding available for the 2014 program is $15,000; therefore, the City anticipates funding anywhere from three to five projects. Funds are limited, and grants are reviewed on a rolling basis. Applicants interested in participating in this year's program are encouraged to contact the City Planner, the program administrator, as soon as possible to begin the process. ELIGIBILITY Eligible work: Rehabilitation of building facades visible to the street, including: storefronts; signs and graphics; windows; exterior lighting; canopies and awnings; painting and masonry work; landscaping; and accessibility improvements. Ineligible work: Funds may not be used for improvements that are not permanent, mounted to the building, sidewalk, or parking lot. In addition, the following items are ineligible for funding: roofs; structural foundations; security systems; interior window coverings; vinyl awnings; personal property and equipment; sidewalks and paving (unless removing paving to install permanent landscaping). In addition, funds may not be used for structures which are non - conforming to current ordinances (for example a sign which exceeds the allowable height or area), unless the funds are used to bring the structure into conformance. Eligible participants include property owners and business lessees (with written authorization of the property owner), located in the following zone districts: Townsite Historic, Central Commercial, General Commercial, Limited Commercial and Central Mixed Use. Please contact the Planning Department to determine if your property is eligible. r,,. Cr K m,e e, „- 1 ` age 30 of 139 April 10, 2014 Page 12 Ineligible participants: Properties primarily in residential use (ex. apartments or condominiums); Structures not facing or visible from the right -of -way; Government offices and agencies (non - governmental tenants are eligible); New construction, less than 5 years old. APPLICATION AND SELECTION The first step is to submit an application form to the Planning Department. The form requires a short project description and rough cost estimate of the work you plan to do. The City will select projects that will provide the greatest public benefit to the community, as determined by a selection committee. The City of Kenai reserves the right to prioritize projects and reject applications. To select and prioritize projects, the selection committee may consider any of the following factors: - Creative value of the project; - Current condition of the building /facade; Code compliance issues; - Feasibility of implementing applicant's goals within the specified budget and timeframe; - Visibility of the proposed improvements. The program administrator will notify you whether your project was selected for funding. If selected, you will solicit contractor bids, and sign a 'Letter of Commitment,' as noted below. BIDDING The City of Kenai requires that you get one bid for each type of work you are doing. All contractors must be licensed by the State of Alaska, and all construction contracts will be between the applicant and contractor. Owner labor will not be reimbursed under the program. LETTER OF COMMITMENT The next step is to submit all contractor bids to the City for final review. The contractor bids will be considered by the City in determining the final funding amount for the project. The City will then draft up a 'Commitment Letter,' which will outline additional terms and conditions of the matching grant, and will serve as the legal commitment of both parties as to the scope and quality of work, and the amount of funds committed. The Commitment letter will also set a deadline for the project to be completed by, as agreed to by the applicant and City. BUILD IT After the Commitment Letter is signed by the City and applicant, proceed with construction of your project. Please retain all invoices and material receipts during the project, as you will need these later when you request reimbursement. Please also remember that only those improvements outlined in the Commitment Letter are eligible for reimbursement, so it will be Page 31 of 139 "aril 10, 2014 Page )3 your responsibility to keep sufficient records, if needed, to separate out work which you may have completed at the same time, but which was not connected to the grant. REIMBURSEMENT OF FUNDS Prior to reimbursement of funds, City staff will review all completed work for compliance with the Commitment Letter. The City will verify receipts and invoices, and will issue a reimbursement check to the owner for the amount indicated in the agreement, or 50% of the actual project cost (if less than the amount indicated in the agreement). The City of Kenai has the authority to determine eligibility of proposed work and confirmation of completed work. Certain work may be required or precluded as a condition of funding. Participants will be responsible for obtaining necessary regulatory approvals, including those of the Planning and Zoning or Building Departments when applicable. All work must comply with city, state, and federal regulations. GENERAL CONDITIONS The following general conditions apply to all projects: Improvements funded by the grant shall be maintained in good order for a period of at least five (5) years; graffiti and vandalism will be dutifully repaired by the applicant during this time period. Borough property and sales tax must be current, and participants shall have no debts in arrears to the City when the Commitment Letter is issued. Eligible properties qualify for a maximum of $5,000. You may apply more than once as long as the building doesn't exceed the maximum grant amount in a 5 -year period. If a property is sold and the new owner wishes to apply for the grant, the five -year time frame still applies. The five -year time frame begins at the date the improvements are completed. The applicant must complete, sign and submit a W -9 in order for disbursement of funds. TAX INFORMATION You are urged to consult your tax advisor concerning the taxability of grants. The City of Ke n a i is not responsible for any taxes that may be imposed as a result of your receipt of this grant payment (directly or indirectly). Grants may be reported on IRS Form 1099. The City requires that you complete and return a Form W -9 (Request for Taxpayer ID Number and Certification) prior to being reimbursed. For more information, please contact: The City Planner at (907) 283 -8235 The City of Kenai reserves the right to make minor exceptions to the program guidelines. Application forms are available at the City Hall or at http7//www.ci.Kenai.ak.us/storefront.html, .t�, Page 32 of 139 April 10, 2014 Vi Applicant Information Applicant Name: Mailing Address: KENAI BUSINESS IMPROVEMENT PROGRAM 2014 APPUCATION Please return completed application to the Planning Department Phone Number: Email: Name of business to be improved: Address of property to be improved: Property Owner Name: Mailing Address: Phone Number: Email: City of Kenai 210 Fidalgo Ave. Kenai, AK99611 907.283.8235 www.ci.kenai.ak.us Business Improvements Describe the improvements you plan to make to your business, and why you are seeking City funds for the project: Are you planning additional improvements to the property, which you will not seek reimbursement for through this grant? If so, please describe the total scope of work. Estimated cost of the business improvements: Estimated cost of other work (if applicable): Projected start date: 4/10/2014 Estimated completion date: Page 33 of 139 Total $ Checklist. Please attach the following: Photos of your building, clearly showing all areas that will be improved. An illustration of the work you would like to do. Any of the following are acceptable: • A hand drawn sketch of the front of your building (does not have to be to scale) • A printed -out digital picture with written notes • A photo with notes attached • An architect's rendering Any other attachments you feel would help describe your project goals. Certification by Applicant. I certify: 1. All information in this application, and all information furnished in support of this application, is given for the purpose of obtaining up to a 50% reimbursement grant for improvements to the exterior of a business and is true and complete to the best of my knowledge and belief. 2. The business and property owner(s) are currentwith all City obligations, including taxes, licenses, water revenue billings, etc. 3. 1 have read and will comply with the requirements outlined in the Business Improvement Program Guidelines. 4. 1 understand that the City of Kenai must approve the proposed exterior improvements in order to be eligible for grant reimbursement funding. Certain changes or modifications may be required priorto final approval. A Commitment of Funds Letter will not be processed priorto the City's receipt and approval of necessary bids for the approved work. Any work commenced prior to a Commitment Letter being issued will not be eligible for reimbursement, and any work deviating from the approved work must be pre - approved by the City in order for the work to be eligible for reimbursement. Applicant Signature Print Name Date Property Owner Signature Print Name Date (if other than Applicant) Please return your completed application to the Planning Department 4/10/2014 City of Kenai Planning Department Phone: 907- 283 -8235 Email: &Hzmanich @ ci.kenai.ak.us Page 34 of 139 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PRESCRIBING THE OFFICIALS BOND AMOUNT FOR THE CITY ADMINISTRATOR AND FINANCE DIRECTOR PURSUANT TO SECTION 4.3 OF THE KENAI MUNICIPAL CHARTER. WHEREAS, the Kenai City Council, pursuant to Section 4.3 of the Kenai Municipal Charter, may prescribe the form and amount of an Official Bond for the City Administrator, Finance Director, City Treasurer, and such other officers and employee as the Council may designate; and, WHEREAS, the City's general liability insurance policy contains coverage for employee dishonesty in the amount of $250,000 for all employees except those who are required by law to be bonded; and, WHEREAS, the bonding requirements of Section 4.3 of the Kenai Municipal Charter exclude the City Administrator and Finance Director from employee dishonesty coverage under the City's general liability coverage; and, WHEREAS, prescribing the bonding requirement for the City Administrator and Finance Director at $250,000 each will be consistent with coverage for all other City employees; and, WHEREAS, the total estimated cost for $250,000 in bonding for the City Administrator and Finance Director is $1,960.00 annually and the administration has identified available funding within the Legislative Department's budget. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the Council of the City of Kenai prescribes the bonding amount to be $250,000 for each the City Administrator and Finance Director. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: -7—� Page 35 of 139 "I/i1149e with a Past, City with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 / To: Rick Koch, City Manager J From: Terry Eubank, Finance Director Date: June 25, 2014 Re: Resolution 2014 -52 Prescribing the Officials Bond amount for the City Manager and City Finance Director. The purpose of this memo is provide information and options for compliance with Section 4 -3 of the Kenai City Charter, Officials Bonds. Section 4 -3 of the Kenai City Charter reads as follows, The City Administrator, the Finance Director, the City Treasurer, and such other officers and employees as the Council may designate, before entering upon their duties, shall be bonded by individual and /or group bonds, for the faithful performance of their respective duties, payable to the City, in such form and in such amounts as the Council may prescribe, with a surety company authorized to operate within the State. The City shall pay the premiums on such bonds. (Amended by Proposition 1, October 5, 1976.) The City's general liability insurance policy through Alaska Public Entity Insurance provides employee dishonesty coverage in the amount of $250,000 per employee but the policy excludes anyone who is required to be bonded by law. Policy provisions combined with the requirements of Section 4 -3 of the City's Charter exclude coverage for the City Manager and Finance Director for employee dishonesty. The City may purchase bonding for the City Manager and Finance Director to satisfy the requirements of the City's Charter. The following bonding quotes have been provided by the City's insurance broker: $50,000 per employee $250,000 per employee $500,000 per employee Cost Per per year $980.00 per year $1,940.00 per year Bonding limits in excess of $500,000 may be available but not through the City's current broker. Purchasing bonds with a $250,000 limit will provide the same level of coverage for the City Manager and Finance Director as is provided to all other City employees. Page 36 of 139 Suggested by: Administration CITY OF KENAI LUTION NO. 2014 -53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $112,178 TO NELSON ENGINEERING, P.C., FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE CONSTRUCTION OF SOUTH BEACH ACCESS ROAD. WHEREAS, the State of Alaska, the City of Kenai, and affected private property owners recognize the need for improved access to the south beach and mouth of the Kenai River, especially during the period of the Personal Use Fishery; and, WHEREAS the State of Alaska included an appropriation of $1,9 million for the design and construction of a new access road to the south beach and mouth of the Kenai River in the State Fiscal Year 2015 (SFY15) capital budget,; and, WHEREAS, the construction of a new access road will alleviate congestion, disruption of the use of private properties, and trespass ; and, WHEREAS, it is necessary to accomplish design and permitting as soon as possible in order to begin construction during the 2014 construction season and complete construction in 2015 in advance of the 2015 Personal Use Fishery; and, WHEREAS, the construction of a new access road may result in the vacation of an existing easement through a residential area; and, WHEREAS, the construction of a new access road will enhance City management of Personal Use Fishery access across and on City properties. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to enter into a professional services agreement with Nelson Engineering, P.C. for design and construction administration for the construction of South Beach Access Road. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Page 37 of 139 "Villaye with a Past, C# 210 Fidalgo Avenue, Kenai, Alasl Telephone: 907 - 283 -7535 / FAX: the a!� a KENAI,®ALASKA 7 / MEMO* h TO: City Council J1 FROM: Rick Koch `DATE: July 10, 2014 with a Future "' a 99611 -7794 907 - 283 -3014 V I I I 1997 SUBJECT: Resolution 2014 -53, Award of a Professional Services Agreement to Nelson Engineering, P.C. for Design and Construction Administration for the Construction of South Beach Access Road The purpose of this correspondence is to recommend Council adoption of the above referenced ordinance. Time is of the essence in accomplishing a design, and beginning construction of a new access road to the South Beach and mouth of the Kenai River. The Alaska State legislature included a $1.9 million appropriation in the SFY15 capital budget for the purposes of enhancing access and alleviating alleged private property trespass along the South Beach. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Page 38 of 139 NELSON ENGINEERING CONSULTING ENGINEERS 155 BIDARKA STREET (907) 283 -3583 May 30, 2014 Sean Wedemeyer, Public Works Director City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 STRUCTURAL CIVIL ENVIRONMENTAL KENAI. ALASKA 99811 FAX (907) 283-4514 RE: Revision to South Beach Access Road Design Engineering and Construction Inspection Proposal Dear Mr. Wedemeyer, My proposal submitted on May 7 anticipated that the South Beach Access Road would follow the ridge along the edge of upland areas in order to avoid wetlands to the extent possible. Kenai Peninsula Borough GIS maps indicate that most of the route along the top of the ridge would be considered uplands and that only short section, approximately 1o0 feet long at the west end that is wetlands. It was assumed that this route could be designed to impact less than % acre and that the project could be permitted under a Corps of Engineers Nationwide permit for linear transportation projects. If more than'' /: acre is filled, then an Individual Permit would be required As a result of our onsite meeting it appears that the City would like to investigate the feasibility of routing the road along the toe of the slope, north of the ridge instead of along the top of the ridge as I had assumed. The land north of the ridge is lower and may or may not be wetlands. We will need to have a Wetland Delineation to determine the status of the land. If the preferred route impacts more than Y: acre of wetlands, it will be necessary to obtain an Individual Permit for the road. My original proposal included Solstice Alaska Consulting on our team to apply for either a Nationwide or an Individual Permit, however we did not anticipate the need to provide a wetland delineation on the higher area south of the ridge. I would like to add ABR Consulting to our team to Provide Wetland Delineation and increase the proposed Not to Exceed fee to include the cost of the Wetland Delineation in order to evaluate the route along the toe of the ridge. ABR provided the wetland delineation for the Kenai Industrial Park Subdivision project. If an individual permit is required for the project, it is my understanding that 99% of Individual Permit applications are approved by the Corps. Applications for an Individual Permit are evaluated by the Corps with the following priorities: D Avoiding Wetland impact. (Routing the project around wetlands altogether.) D Minimizing Wetland Impact. (Finding the route with the smallest wetland footprint.) ➢ Mitigating Wetland Impact. (Providing wetland restoration, purchasing wetland land bank credits.) In pursuing an Individual Permit, multiple alternatives are typically presented to the Corps for evaluation. In the specific case for the South Beach Access road, multiple routes could be evaluated in order to achieve the goal for avoiding and minimizing wetland impacts. Both the 'top of bluff and 'toe of bluff routes cross private property along the westerly portion of the project. If land acquisition costs are expected to be significant, it might be feasible to evaluate alternatives which also minimize or avoid the necessity to acquire land by placing the road on City Owned property. In evaluating alternatives, it is acceptable to favor constructing a project on land owned by the applicant versus purchasing other land to construct the project. In consideration of the above, I propose to add the wetland delineation and to consider these four alternative routes (or other routes if the City prefers) as shown in the attached sketch: Page 39 of 139 South Beach Access Road May 30, 2014 Page 2 of 2 Red: Too of Bluff Wetlands: Most of it is on the upland ridge and only crosses wetlands near the west end. Permit Type: Most likely covered under Nationwide Land Acquisition: The first half is on City property and the west half crosses private property. Yellow: Toe of Bluff. Wetlands: Below ridge, appears to be wetlands per GIS, but part of It MIGHT be uplands. Permit Type: Nationwide or IP, depending n and the west half crosses private property. Land Acquisition: The first half is on City property Blue Minimal private property impact Wetlands: Appears to be wetiands per GIS. Permit Type: Individual Permit probably required. Land Acquisition: All most all on City-owned property. Just a silver across private property. Green• All City Owned oropertV, Wetlands: Appears to be wetlands per GIS. Permit Type: Individual Permit probably. Land Acquisition: All on City-owned property. I would like to revise my proposal to add the cost of the wetland delineation as follows: Fee I propose to perform the engineering services for the design and inspection for a not to exceed fee as follows: Phase 1: Field Work (design survey /geotech /permitting) No change. Wetland Delineation: Phase 2: Design: Phase 3- Construction: Total A copy of the proposal from ABR is attached. Sincerely, Bill Nelson No change No change Page 40 of 139 $18,190 1$ 1.146 $ 29,336. >>>$ 29,336 $ 41,364 $41,478 $112,178 Page 41 of 139 KENAI BEACH ACCESS WETLAND DETERMINATION, KENAI ALASKA Prepared for Nelson Engineering PC 155 Bidarka Street Kenai, Alaska 99611 QI ABR, Inc.— Environmental Research &c Services P.O. Box 240268, Anchorage, AK 99524 May 2014 ABR, Inc, — Environmental Research & Services was requested by Bill Nelson Engineering to perform a wetland determination for the proposed South Beach access road in Kenai, Alaska. The 4 proposed alternative routes to the beach cross an approximately 23 acre parcel of land west of Bowpicker Lane on the south shore of the Kenai River outlet. The area has been previously mapped as tidal wetlands (Kenai Watershed Forum) at a scale of 1:18,000. A detailed delineation is required to provide better resolution on possible wetland /upland boundaries at the south end of the parcel and provide specific field data for the tidal wetlands on most of the property. The information will be used to support the preparation of a Preliminary Jurisdictional Determination (PJD) if a Section 404 wetlands permit is required. METHODS DATA REVIEW To assist the wetlands assessment, we will review existing wetlands information for the area, including wetland maps produced by the Kenai Watershed Forum, U.S. Fish and Wildlife Service's National Wetlands Inventory (NWI), and any soil surveys or other wetlands assessments that have been conducted in the area. WETLANDS CLASSIFICATION AND MAPPING High resolution, recent, digital ortho - imagery is available for the 23 acre parcel in question. Using the imagery as a background, we will digitize wetland and upland boundaries on the computer screen using ArcGIS 10.0 software. Color signatures, plant canopy, surface relief, and hydrological indicators such as drainage patterns and surface -water connections shall be used to aid the mapping effort. Wetland types shall be presented in standard NWI map annotation using Wetland and Deepwater Habitats of the United States (Cowardin et al. 1979) classification system. Page 42 of 139 FIELD SURVEY A field survey will be conducted to verify the wetland and vegetation boundaries delineated in previous mapping. Each field sample location shall be noted on field photographs and latitude - longitude coordinates recorded using a Mobile GIS hand -held GPS unit. Wetland field determinations shall be performed using standard methodology focusing on specific vegetative, pedologic, and hydrologic characteristics, outlined in the in the approach described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Alaska Region Version 2.0 ( USACE 2007). Site and soil pit photographs will be taken at each plot location. The survey shall include a sufficient number of sampling plots to represent all wetland types in the study area. FINAL MAPPING Final maps delineating classified wetland types and upland boundaries will be produced based on the results of the field verification. All maps will be referenced to the aerial photography obtained from the Kenai Peninsula Borough at a scale suitable for inclusion in a standard size (8.5 x 11) report. Wetland types shall be labeled according to standard NWI map annotation; a tabular key to these types shall be provided with the map. SCHEDULE AND DELIVERABLES June through August 2014 — Field work will be conducted by two ABR wetland biologists based in Anchorage in one day. Field work schedule will be determined pending scope review by the City of Kenai and ABR availability. I month after completion of field work — The Wetlands report includes a project summary with wetland descriptions, calculation of wetland acreages within the project area, field data forms and accompanying photographs and a hard copy wetland map. Digital files can be provided on request. Every effort will be made to provide the report as quickly as possible. BUDGET The budget estimate provided below includes time for a 1 day field assessment and accompanying report. We have included time for responses to minor comments to the draft report but further assistance in the Section 404 permit process is not included. Standard USACE procedures for field surveys and identifying wetlands will be employed as detailed in this scope. Existing mapped boundaries produced by the Kenai Watershed Forum may or may not change. Estimated Budget = $10,133 ABR: Inc. Page 43 of 139 Short Title SOW [dayl Month 2011 South Beach Access Road I I I I I Nelson Engineering, PC - Pro osal Revised Ma 30 2014 Task Princi al PE EIT Cadd Ins ecto Ex ense I PScrI tion Rate /hr $170 1 $144 1 $116 1 $105 1 $95 Phase 1 Field Work $29,336 Field Survey 2 8 $4,500 Whitford GeotechnicalInvestigation 2 16 $2,500 Kee Const Permit Applications $5,460 Solstice Permit Research 2 Section 10/404 Permit A 2 Followup coordination -COE 2 Wetlands Delineation $10,133 ABR 10 0 24 0 0 $22 593 Phase 2 Design $41,364 Titile Sheet/Control /Abbrev 2 8 Plan /Profile 24 40 Detail 3 Lane 8 24 Detail Beach Turn /Booths 8 24 Details 24 Secs /Bid Schedule/Qty's 24 Cost Estimate 16 Electrical Engineering /Coord h77 Site Plan, Power Oneline $9,140 EDC Power and lighting plan Electrical details 0 160 0 0 $9,140 Phase 3 Construction $41,478 Admin 8 Submittals /DCR's 8 8 _ Inspection 40 240 Testin (Compaction) $2,500 Lab Mileage $400 56 0 248 0 0 $2,900 Total ex enses $34,633 Total: Total Fee + Expenses[$112,178 Page 44 of 139 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2014 -54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE USE OF THE EQUIPMENT REPLACEMENT FUND TO PURCHASE AN ATTACHMENT FOR THE NEW VOLVO L110 LOADER AND AUTHORIZING AN INCREASE IN THE LOADER'S PURCHASE CONTRACT FOR THE PURCHASE OF THE ATTACHMENT. WHEREAS, Resolution 2014 -19 authorized the purchase of a new Volvo L110 Loader and attachments utilizing the City's Equipment Replacement Fund; and, WHEREAS, during the FY2015 Budget process the department identified an additional attachment, a rotary broom, which was removed from the operating budget with a recommendation to purchase utilizing the City's Equipment Replacement Fund; and, WHEREAS, purchase of the rotary broom attachment will be accomplished by increasing the original purchase order to Construction Machinery Industrial, LLC in the approximate amount of $31,000; and, WHEREAS, the additional of the rotary broom attachment will expand the new loaders utility and the departments efficiency for snow removal and street sweeping. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City is authorized to use the Equipment Replacement Fund to purchase a rotary broom attachment for the new Volvo L110 Loader from Construction Machinery Industrial, LLC for the approximate cost of $31,000. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July 2014. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Page 45 of 139 ,o. "Village with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535, Ext. 2361 FAX: (907) 283 -3014 �Ill�t 1992 �� fl2"#'1 // MEMORANDUM KENAI, ALASKA TO: Rick Koch, City Manager FROM: Sean Wedemeyer, Public Works Director DATE: July 8, 2014 SUBJECT: Authorizing the purchase of an attachment for the new Volvo L110 Rick, This memo is in support of a resolution authorizing the purchase of an attachment for the new Volvo l-110. This rotary broom will allow for much more efficient sweeping and snow removal, particularly in parking lots. I recommend passage of this resolution. Thank you for your attention to this matter. Page 46 of 139 KENAI CITY COUNCIL — REGULAR MEETING JULY 2, 2014 — 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 July 2, 2014, 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: Mayor Pat Porter Robert Molloy Terry Bookey Mike Boyle A quorum was present. Also in attendance were: Rich Koch, City Manager Sandra Modigh, City Clerk 3. Agenda Approval Ryan Marquis Brian Gabriel Tim Navarre Mayor Porter noted the following material was provided as a lay -down for inclusion in the packet: D.1 Ordinance No. 2761 -2014 • Memorandum MOTION: Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE ON MAIN: There being no objections, SO ORDERED. Page 47 of 139 2, 2014 4. Consent Agenda MOTION: Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, there being no one wishing to speak, 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 Susan Bradley, Kenai resident spoke in opposition of shooting seagulls at the airport and requested the City find an alternative solution. Les Bradley, Kenai resident spoke in opposition of shooting seagulls and using fireworks at the Kenai Airport. D. PUBLIC HEARINGS 1. Ordinance No. 2761 -2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. [Clerk's Note: Ordinance was postponed from the June 18'h meeting; motion to approve is on the floor.] City Manager Koch requested the Ordinance be postponed until the August 201 meeting as questions have come up in the absence of the attorney. MOTION: Council Member Bookey MOVED to amend Ordinance No. 2761 -2014 by inserting the words "sexual orientation" in Section 2 between the words "sex" and "national orientation" and inserted again in 23.30.020 Appointment (b), between the same words. Vice Mayor Marquis SECONDED the motion. rage Page 48 of 139 Council discussed the amendment and whether it was an appropriate time for such without the Attorney present and further discussed the definition of sexual orientation. VOTE: YEA: Bookey, Marquis, Molloy, Boyle NAY: Porter, Gabriel, Navarre MOTION PASSED. MOTION: Council Member Bookey MOVED to postpone Ordinance No. 2761 -2014 to the August 20th Council meeting and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Ordinance No. 2767 -2014 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2015 Operating Budget Pay Schedules. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2767 -2014 and Council Member Molloy SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Porter, Bookey, Gabriel, Marquis, Molloy, Navarre, Boyle NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2768 -2014 — Appropriating Funds in the Multi- Purpose Facility Capital Project Fund. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2768 -2014 and Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. .ity of Kenai Council Meeting Page 3 of 12 July 2, 2014 Page 49 of 139 of Kenai 2, 2014 VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2769 -2014 — Appropriating Transfers for FY2015 Budgeted Capital Projects in the Municipal Roadway Improvements Capital Project Fund, the Parks Improvement Capital Project Fund, and the Airport Improvements Capital Project Fund. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2769 -2014 and Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2770 -2014 — Accepting and Appropriating a Grant in the Amount of $200,000 from the State of Alaska for Upgrade and Renovation Design at The City's Wastewater Treatment Facility. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2770 -2014 and Council Member Molloy SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council Member Molloy thanked the Public Works Director for his informative memorandum provided in the packet. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. Page 50 of 139 6. Ordinance No. 2771 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 from the State of Alaska for Construction of an Alternate Access on the City's South Beach for Personal Use Fishery Participant Access. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2771 -2014 and Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 7. Ordinance No. 2772 -2014 — Accepting and Appropriating a Grant in the Amount of $250,000 from the State of Alaska for Kenai Recreation Center Capital Project Fund. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2772 -2014 and Council Member Molloy SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council Member Boyle inquired about the amount appropriated differing from what was discussed during the budget work session; Koch advised he'd correct the amount if needed. asu;$ YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 8. Ordinance No. 2773 -2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 f rom the State of Alaska for Construction of a New City Light/Heavy Equipment Storage Building. -ity of Kenai Council Meeting Page 5 of 12 July 2, 2014 Page 51 of 139 MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2773 -2014 and Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Koch reported this was another phase of moving the City shop campus, this would prolong the life of equipment and eliminate having to warm up vehicles and equipment. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 9. Ordinance No. 2774 -2014 — Accepting and Appropriating a Grant in the Amount of $400,000 from The State of Alaska for Purchase of a Replacement Fire Pumper /Engine. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2774 -2014 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council Member Navarre thanked the City Manager and the Legislative Delegation for supporting the City's projects. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 10. Ordinance No. 2777 -2014 — Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2777 -2014 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed City of Kenai Council Meeting Page 6 of 12 July 2, 2014 Page 52 of 139 Bookey commended Coots for participating in the program. Koch noted the City's process has been revised and that the City provides certification pay. Navarre commended the City for its reimbursement program. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 11. Ordinance No. 2778 -2014 — Repealing and Re- Enacting KMC 2.40.020 — Approval by Council, to Remove the Requirement that the Council Enter Findings into the Minutes of the Council Prior to Approving a Notice of Non - Objection for the Renewal of Licenses and Permits Regulated by the Alcoholic Beverage Control Board And Making other Updates. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2778 -2014 and Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Council Member Bookey recommended the non - controversial licenses and permits be placed on the consent agenda in the future. Council Member Molloy spoke in opposition of using the consent agenda more than it's current use. A motion to postpone was made by Council Member Navarre, but was not moved for lack of a second. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 12. Ordinance No. 2779 -2014 — Waiving the Requirement of KMC 17.10.020(c) — Connection Standards and Costs, that Requires Service Lines to be Installed Off a Main Line that is Adjacent to the Owner's Property and Allowing for a Service Line in the Right -Of -Way for the Parcel Located at 1207 5th Court in Kenai. „ity of Kenai Council Meeting Page 7 of 12 July 2, 2014 Page 53 of 139 MOTION: Council Member Molloy MOVED to enact Ordinance No. 2779 -2014 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. Navarre stated his concern related to possible conflicts of interest. VOTE: YEA: Gabriel, Marquis, Molloy, Navarre, Porter, Bookey, Boyle NAY: MOTION PASSED UNANIMOUSLY. 13. Resolution No. 2014 -46 — Retroactively Authorizing the City Manager to Renew the City's Insurance Coverage with Alaska Public Entity insurance (APEI) to Commence July 1, 2014 and End June 30, 2015 and Sign a Letter of Commitment for Coverage for the Period of July 1, 2014 through June 30, 2014. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -46 and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 14. Resolution No. 2014 -47 — Approving the Purchase of One Police Vehicle through State of Alaska Equipment Fleet Contract Pricing Contract. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -47 and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 15. Resolution No. 2014 -48— Awarding an Agreement for Design of Wastewater Treatment Plant Improvements 2014. City of Kenai Council Meeting Page 8 of 12 July 2, 2014 Page 54 of 139 MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -48 and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 16. Resolution No. 2014 -49 — Awarding an Agreement for Construction of Automated Flight Service Station Phase Two Restroom Improvements 2014. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -49 and requested UNANIMOUS CONSENT. Council Member Navarre SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of June 4, 2014 Minutes were approved by the consent agenda F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified. Approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000. Approved by the consent agenda. 1. *Ordinance No. 2780 -2014 — Amending KMC 12.40.010- Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. Introduced by consent agenda and public hearing set for July 2, 2014. 2. *Ordinance No. 2781 -2014 —Amending KMC 1.85.050 -Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information. -ity of Kenai Council Meeting Page 9 of 12 July 2, 2014 Page 55 of 139 Introduced by consent agenda and public hearing set for July 2, 2014. 3. Discussion /Action —Council Direction for Compliance of Section 4.3 -Official Bonds of the Kenai Municipal Charter. Koch advised that while the Charter requires certain employees be bonded, this has not been done to date and would require Council action. Council concurred and directed administration to bring back legislation for consideration. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Next meeting scheduled on July 101h. Request 2. Airport Commission — Next meeting scheduled on July 10tH 3. Harbor Commission — July meeting was cancelled. 4. Library Commission — No report. 5. Parks and Recreation Commission — No meeting scheduled for the month of July. 6. Planning and Zoning Commission — reviewed the meeting minutes of June 25th provided in the packet and advised the next meeting on July 9th. 7. Beautification Committee — No report. 8. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Porter reported the following: • New City Shop Open House • Frontier Community Services baseball game rained out • Thanked staff and residents for the community clean up • Display cabinet to be filled with Legos • Upcoming Saturday coffee • Gifting policy at next work session • Wants to eliminate the telephonic and attendance policies for special meetings or work sessions. J. ADMINISTRATION REPORTS Council 2, 2014 1. City Manager reported on the following: • Four ordinances at the next meeting for P &Z Commissions recent actions. • Preparing for dip net season rage iu Page 56 of 139 • Appreciative to the Legislative Delegation for supporting the City's projects 2. City Attorney • Not in attendance. 3. City Clerk • Advised election season was underway as of July, notice of vacancies will to be published for two seats: Navarre and Boyle, and nominating filing period August 1 -15. • Primary Election is August 19th • Municipal Election is October 71 • General Election Date is November 41h K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments — None. 2. Council Comments Council Member Navarre provided an update on the last ASAP meeting and provided material from the meeting. Council Member Gabriel thanked the Bradley's for speaking on their issue; thanked City Manager, Navarre and Delegation for securing funds for City projects; and thanked the Mayor for filling in as liaison at the last Airport Commission meeting. Council Member Bookey advised he attended Joe's retirement party, noted Eric Wilcox was retiring July 241h stating he saved his life from a capsized boat when he was younger. Council Member Molloy — thanked the Bradley's for their comments, introduced his nephew in attendance. Mayor Porter reminded all of the upcoming 4th of July holiday and thanked all for our freedom. L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS I. Ordinance No. 2748 -2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. (Clerk's Note: At its May 20' meeting, Council postponed this ordinance to the August 20t" meeting.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:35p.m. -1 Y of Kenai Council Meeting Page 11 of 12 July 2, 2014 Page 57 of 139 Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk 2, 2014 Page 58 of 139 0 r c6 �n M 00 00 9 J 07 Q J Q Z O F- a U LL < a d' J U Z O p U w H d LLI z y Of 0 LLI U C a d 2 � °o J m vi O r Z W > F- O W W Fy- J 0O W U Q O W W d U > d Page 59 of 139 [PAGE LEFT BLANK INTENTIONALLY] Page 60 of 139 J a > O w CL a J U Z M O U w W W Z x U S 0 0 c 0 0 W a 0 N Y J O LL cn O � z W Z O i- w W O Lu Lu J S U S a 0O t- o o o Q ° O m M o O a a J v 0 H Z ° � O N O O M a w U a W N LL 0 a w o K U a a < w a p a a # M N NO U Z O r O Cl o = � U w O a ro Y U) O 2 U O w a a z in CK w n O w h w p o Q C = U Ix > a C � Z F, N z Z w LL a O K w 2 F U) O = w U Z Page 61 of 139 Z � z [PAGE LEFT BLANK INTENTIONALLY] Page 62 of 139 r CITY OF KENAI "Village with a past -- City with a future. " BACKGROUND AND PERSONAL DATA - 1 CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 6161KsOffice PHONE: 283 -7535, EXT. 231 DATE: '10' �lX' f� FAX: 283 -5068 NAME: Resident of the City of Kenai ?A How long? I 'fir Residence Address � (ill \ YY� 1��` -, l ( \'� f ��l Z� � i Y 1 0 f 1nl � Mailing Address �� (11 1W oc) A) '` � V p r\Ci1 Home Telephone No. �� Ci -lost Home Fax No. Business Telephone No Business Fax No. �Cl. Email Address May we include your contact information on our web page? ALL If not W11, what information may we include? +!�, EMPLOYER: Job Title -- NAME OF SPOUSE: \1 CT 1 i n Q Current membership in organisations: ZP C& \ t N41 CO, Vl 6A Q-Z\ oy\ vin 1 p Past organizational memberships: i ' c St,{ t C1a r L y ^ i`) L• A 'V , y e. v COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: �ln r' V�. WHY DO YOU WANT TO BE INVOLVED WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Signature J Page 63 of 139 [PAGE LEFT BLANK INTENTIONALLY] Page 64 of 139 Municipal Airport "Se#,vCYe ie-,0matP,rKenai/ Pevunaula%" 305 el. wR10W Sr. SURE zoo KMN, ALASKA 99611 TELEPHONE 907483.7951 FAX 907,7833737 Memo To: Rick R. Koch — City From: Mary L. Bondurant - Date: July 8, 2014 Subject: SOA DNR- Forestry Special Use Permit The State of Alaska Department of Natural Resources /Division of Forestry is requesting renewal of the Special Use Permit for the period May 1, 2014 to September 30, 2014 under the same terms and conditions. The special use permit is for the loading and parking of aircraft. The permit fee is $600 a month plus landing fees. The State has always been current in all fees owed to the Airport. Airport Commission reviewed the permit at the July 10, 2014 Commission meeting and recommends Council approve the Special Use Permit to the SOA Department of Natural Resources. Attachments www.ci.kenai.ak.us. Page 65 of 139 SPECIAL USE PERMIT The CITY OF KENAI (City) grants to STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES/DIVISION OF FORESTRY ( Permittee), whose address is 550 West 7`" Avenue Suite 1450 Anchorage AK 99501, a Special Use Permit to conduct aeronautical and/or aviation- related activities at the Kenai Municipal Airport subject to the requirements and the conditions set forth below. 1. Premises. Permittee shall have the non - exclusive right to use that area described in the attached diagram shown in the attached Exhibit A for the uses identified in this Permit. 2, Term. The term of this Permit shall be for one year commencing on May 1, 2014, and ending on September 30, 2014. Regardless of the date of signature, this Permit shall be effective as of MU 1, 2014. 3. Permit Fees. Permittee shall pay the following fees for the privileges extended to Permittee under this Permit: A. Permit: Permittee shall pay a monthly fee of $600.00, plus applicable sales tax. S. Proximity Card for Gate Access: In addition to the general permit fee, Permittee shall pay a deposit of one hundred dollars ($100.00) for the use of each proximity card issued to Permittee by City to allow for gate access to the Airport to conduct the uses permitted hereunder. City shall refund this deposit to Permittee when the card is returned to City. City may exercise a right of offset to apply the deposit to any outstanding balance due to City from Permittee at the termination of this Permit. C. Other Fees: City may assess additional fees for aviation or aviation support activities and uses not defined in this Permit. If a fee has not been established for those activities or services, a fee will be established by the Airport Manager. Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees are payable in advance of each month unless otherwise provided. In the event of delinquency, interest at the rate of ten percent (10 %) per annum, and penalty of ten percent (10 %) shall also be due (KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure to timely make payments is grounds for termination of Special Use Permit— DNR/Forestry (Parking) Page 1 of 8 Page 66 of 139 this Permit. (See 122, Termination). 4. Use. City authorizes Pernittee's non - exclusive use of the Premises for the following purpose(s): Aircraft loading and parkins NOTE: This permit does not guarantee the exclusive use of the area identified in Exhibit A City reserves the right to re- assign Permittee, upon reasonable notice to other areas as airport needs may require. Permittee shall have the right of ingress and egress to the Airport using only designated gate access locations (which may require a proximity card) for the use of the Premises. This Permit, and any access rights allowed hereunder, are for Permittee's use only and may not be transferred or assigned. Use of the Premises by Permittee 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 and is further subject to the following conditions: Pemtittee acknowledges that the use granted herein is subiect to the Kenai Municipal Code and municipal regulations governing the Kenai Municipal Aiivort and as those laws and regulations may be amended from time to time. Solicitation of donations or operation of a business or other commercial enterprise not contemplated by this Permit is prohibited without the written consent of City. No person may repair an aircraft aircraft engine, propeller, or apparatus in an area of the Airport other than that Mecificallydesignated for that purpose by the Airport Manager or designated representative The Airport Manager or designated representative reserves the right to designate reasonable areas where aircraft owners may perform services on their own aircraft. 5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the Airport, that perform any repairs or activities authorized under this Permit act in a manner that ensures the safety of people and the Airport, the protection of public health and the environment, and the safety and integrity of the Airport and any premises on the Airport. Permittee shall employ qualified personnel and maintain equipment sufficient for the purposes of this provision. The Permittee shall immediately notify City of any condition, problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety of persons using the Airport, the public health or the environment, or the safety or integrity of any premises on the Airport. Special Use Permit— MR/Forestry (Parking) Page 2 of 8 Page 67 of 139 6. Inspection. The Federal Aviation Administration and/or City shall have the right and authority to inspect, at any time for any purpose whatsoever, the Premises as well as any and all equipment used by the Permittee under this Permit. 7. Coordination with Airport Management. Permittee shall coordinate all activities on the Airport with Airport Management, or a designated representative, and shall abide by all reasonable decisions and directives of the Airport Management regarding general use of the Airport by Permittee. g. Radio Transmitting Equipment. Pennittee shall discontinue the use of any machine or device which interferes with any government- operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. 9. Insurance. Pernttee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Perniittee's insurance policy contains higher limits, City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability insurance, including premises, all operations, property damage, personal injury and death, broad-form contractual, with a per - occurrence limit of not less than $1,000,000 combined single limit. The policy must include an endorsement under which the insurer extends coverage to Permittee's fuel handling activities. The policy must name the City as an additional insured. 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. Permittee is further responsible to provide worker's compensation insurance for any subcontractor who directly or indirectly provides services to Permittee under this Pemtit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non - owned motor vehicles the lessee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: i. All policies will be by a company /corporation currently rated "A - "or better by A.M. Best. ii. Permittee shall submit to the City proof of continuous insurance Special Use Permit— DNR/Forestry (Parking) Page 3 of 8 Page 68 of 139 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. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. V. Evidence of insurance coverage must be submitted to City by May 1. 2014. The effective date of the insurance shall be no later than May 1. 2014. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Permit. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 10. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Airport. Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities on and access to the Kenai Municipal Airport and its exercise of the privileges granted in this Permit. 11, Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully indemnify, defend, and hold 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 attorneys 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 or arising from or out of Pennittee's activities on or use of the Premises, Permittee's access to the Kenai Municipal Airport, and/or Permittee's exercise of the privileges granted in this Pennit. This shall be a continuing obligation and shall remain in effect after termination of this Permit. Special Use Permit— DNR/Forestry (Parking) Page 4 of 8 Page 69 of 139 12. Fuel Spill Prevention and Response Plan. Areas of the apron have been seal coated to protect asphalt from adverse effects of petroleum product spills. The City requires that Permittee provide adequate absorbent materials and tools available on the Premises and at the airport in order to maintain a fuel spill and response capability. Permittee shall be liable for any damage caused by and costs associated with any spill, the cleanup of any spill, or the discharge of petroleum products or hazardous materials due to Pemiittee's use of the apron and/or use of the Airport. Permittee shall provide to City an acceptable fuel spill prevention and response plan and will maintain fuel spill and response capability. Permittee further agrees to have a copy of the fuel spill prevention and response plan located in the Permttee's fuel dispensing equipment at all times. Permittee must comply with the Airport's Storm Water Pollution Prevention Plan as appropriate to Permittee's activities. Permittee shall not store any personal property, solid waste, petroleum products, Hazardous Material as defined by 14 CFR 171.8, hazardous waste (ignitable, corrosive, reactive, or toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that there are significant penalties for improperly disposing of the Hazardous Materials and other waste and for submitting false information regarding Hazardous Materials, including the possibility of fine and imprisonment for knowing violations. Permittee shall immediately remove the material in the event of spillage or dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement or surface in or on any area of the Airport. Permittee may not construct or install any above - ground or underground fuel storage tanks or dispensing systems at the Airport. No person shall smoke on an aircraft - parking ramp, inside an aircraft hangar, or within fifty feet (50') of any aircraft fuel facility or fuel truck. Permittee is subject to FAA Advisory Circular 150/5230 -4 Aircraft Fuel Storage, Handling, and Dispensing on Airports, the National Fire Protection Associations' "Standard for Aircraft Fueling Servicing" in NFPA 407 (1996 version), and the current version of the International Fire Codes. All inspections of fuel facilities, by City or other regulating entities to which Permittee is subject, shall be conducted to assure compliance with the fire safety practices listed in these referenced documents. 13. Hazardous Substances and Materials. Permittee shall conform and be subject to the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous substances and materials. Special Use Permit— DNR/Foresty (Parking) Page 5 of 8 Page 70 of 139 14. No Discrimination. Permittee shall not discriminate against any person because of the person's race, creed, color national origin, sex, age, or handicap. Permittee recognizes the right of City to take any action necessary to enforce this requirement of the Permit. Permittee will furnish services provided under this Permit on a reasonable, and not unjustly discriminatory, basis to all users of the Airport and shall charge reasonable, and not unjustly discriminatory, prices for each product or service provided at the Airport. 15. Licenses and Permits. Permittee shall obtain and maintain all required federal, state, and local licenses, certificates, and other documents required for its operations under the Permit. Permittee shall provide proof of compliance to City upon request by the City. 16. Compliance with Law /Grant Assurances. This Permit, and Permittee's activities conducted under this Permit, is subject to all executive orders, policies and operational guidelines and all applicable requirements of federal, state, and City statutes, ordinances, and regulations in effect during the term of this Permit. Further, Permittee shall comply with all applicable requirements imposed on the Airport by federal law to ensure that the Airport's eligibility for federal money or for participation in federal aviation programs is not jeopardized. This Permit is subordinate to the City's grant assurances and federal obligations. 17. No Exclusivity. The privileges granted under this Permit are not exclusive to Permittee. City has the right to grant to others any right or privilege on the Airport. 18. Assignment. The privileges granted under this Permit are personal to Permittee and may not be assigned by Permittee. 19. No Joint Venture. 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 or elsewhere at the Kenai Municipal Airport. 20. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements 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. 21. Personalty. 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 1 Special Use Permit— DNR/Forestry (Parking) Page 6 of 8 Page 71 of 139 Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its customers. 22. Termination; Default. This Permit may be terminated by either party hereto by giving thirty (30) days advance written notice to the other party. City may terminate the Permit immediately, or upon notice shorter than thirty (30) days, to protect public health and safety or due to a failure of Pennittee to comply with condition or term of this Permit which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period under the circumstances to correct the violation or breach. 23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required Airport fees is a condition of this Permit and, as such, failure to timely pay landing and other airport fees is grounds for tennination. Without limiting the foregoing, Permittee shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule of rates, charges and fees. Pennittee shall make payment within thirty (30) days following the end of each month and without demand or invoicing from City. Permittee shall also provide Airport Administration with monthly certified gross take -off weight reports within ten (10) days following the end of each month for landings for the preceding month. Airport landing fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite 200, Kenai, AK 99611. 24. Impoundment. At the discretion of the Airport Manager, City may impound any aircraft parked on the Premises after termination of this Permit. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged on each aircraft impounded. In addition, a daily storage fee shall be charged for each day the aircraft remains impounded. Any impounded aircraft that is not redeemed within ninety (90) days after impoundment shall be considered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shall be in a newspaper of general circulation in that area for at least once during each of three (3) consecutive weeks not more than thirty (30) days nor less than seven (7) days before the time of the auction. 25. Definitions. As used in this Permit, " Permittee" means State Department of Natural Resources Division of Forestry, and where the context reasonably indicates, its officers, agents, and employees. "Airport" means the Kenai Municipal Airport. Special Use Permit— DNR/Forestry (Parking) Page 72 of 139 Page 7 of 8 CITY OF KENAI STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY By: By: Rick R. Koch Date Dean Brown City Manager Deputy Director, Division of Forestry STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) Date THIS IS TO CERTIFY that on this _ day of 2014, the foregoing instrument was acknowledged before me by 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: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of ; 2014, the foregoing instrument was acknowledged before me by DEAN BROWN, Deputy Director, DNR/Division of Forestry, on behalf of the State of Alaska. Notary Public for Alaska My Commission Expires: Approved as to form: Y Scott Bloom City Attorney Y:\Dept - Airpol%SUP \042914 DNR Forestry Parking.docx Special Use Peirnit— DNR'Forestry (Parking) Page 8 of 8 Page 73 of 139 WILLOW STREET Exhibit A Page 74 of 139 THE STATE °fALASKA January 22, 2014 GOVERNOR SEAN PARNELL Department of Administration Certificate of Self Insurance DIVISION OF RISK MANAGEMENT To Whom It May Concern: RE Liability Insurance Coverage for Alaska State Owned Vehicles 10th Fl. Stale Office Building PO Box 110218 Juneau, Alaska 9981 1 -02 18 Main: 907.465.2180 Fox: 907.465.3690 www.doo,olaska.gov /drm This notice shall serve as verification that the State of Alaska provides automobile liability insurance protection for all State owned vehicles and employee drivers of such vehicles; including while travelling through the Sovereign Dominion of Canada. The State of Alaska provides this coverage through the State Self- Insurance Program as authorized under AS 37.05.287. The State of Alaska and its agencies are covered for property and liability exposures through major worldwide insurance programs with large self- insured retentions and high excess liability limits appropriate for meeting the risk levels required by the State. Losses that fall within these self - insured (deductible) levels, including those for which we are contractually liable, are covered by the financial resources of the State and are administered under the self- insured claims program handled by this office. Any inquiries should be addressed to this office at the address listed above, or you may phone (907) 465 -5724 for additional information. Thank you for your courtesy and attention to this matter. Sincerely, aA4,0— a-�� o Leasa Davis Risk Manager Page 75 of 139 [PAGE LEFT BLANK INTENTIONALLY] Page 76 of 139 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2782 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 14.20.171 - GROUP CARE FACILITIES, AND AMENDING KMC 14.20.320 - DEFINITIONS, AND KMC 14.22.010 - LAND USE TABLE, TO DEFINE AND PROVIDE ZONING REGULATIONS FOR GROUP CARE FACILITIES. WHEREAS, the Kenai Zoning Code is contained in KMC Title 14; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and operation of Group Care Facilities; and, WHEREAS, the Fair Housing Act of 1968 as amended in 1988, prohibits housing discrimination against protected classes; and, WHEREAS, it is in the best interest of the citizens of the City of Kenai to identify appropriate locations and adopt standards for the operation of Group Care Facilities within the City that comply with applicable law; and, WHEREAS, WHEREAS, on the 28th day of May, 2014, the Planning & Zoning Commission passed Resolution PZ -14 -08 recommending that the Kenai City Council adopt KMC 14.20.171 establishing a process for the regulation of Group Care Facilities within the City of Kenai, amending the Land Use Table in KMC 14.22.0 10 to provide for group care facilities and amending 14.20.320 to include definitions for Group Care Facilities. 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. Enactment of Section 14.20.171 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.171 -Group Care Facilities, is hereby enacted as follows: KMC 14.20.171. Group Care Facilities (a) commercial areas. New Text Underlined; IDELETED TEXT BRACKETED Page 77 of 139 Ordinance No. 2782 -2014 Page 2 of 12 (b) The City of Kenai fully intends to comply with the Fair Housing Act adopted in 1968 as amended in 1988 or as thereafter amended, and nothing in this section shall be used or relied on to discriminate in housing within the City of Kenai based on race, color, national origin, religion, sex, familial status or disability. (c) The following standards shall apply to Group Care Facilities when allowed as a Principal Permitted Use. In addition to the considerations expressed in KMC 14.20.150, Conditional Use Permits, the Commission shall also specifically consider the following standards when considering Conditional Use Permits for a Group Care Facility: (1) (2) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (3) Any facility shall comply with the minimum lot area requirement for the zone in which it is located. (4) Parking shall be provided on the subject property in conformance with the "Off - street parking and loading requirements" section of the City of Kenai Planning and Zoning code. (5) All facilities shall have supervisory personnel on site at all times. (6) Adequate access to sanitary and cooking or food service facilities as appropriate shall be provided. (7) Z individuals per enclosed space (a room containing 600 square feet) exclusive of dining and bath facilities. Adequate recreational facilities shall be provided as appropriate for the facility's client group. Section 3. Amendment of Section 14.20.320(b) of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.320(b)- Definitions, is hereby amended as follows: KMC 14,20.320 Definitions. (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use, except as allowed by a conditional use permit. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. Neu, Text Underlined: DELETED TEXT BRACKETED) Page 78 of 139 :F Ordinance No. 2782 -2014 Page 3 of 12 "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alteration" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and /or exercised for commercial gain. "Apartment house," see "Dwelling, multiple- family." "Area, building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblage" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. "Automobile sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile service station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and breakfast" means a residential, owner- occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. New Text Underlined: [DELETED TEXT BRACKETED] Page 79 of 139 Ordinance No. 2782 -2014 Page 4 of 12 "Boarding house" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers pay compensation to use one (1) or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. "Building, principal or main" means a building or structure in which is conducted the principal or main use on the lot which said building is situated. "Business/ consumer services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "College" means an educational institution providing postsecondary (after high school) education. "Commercial kennel" has the same meaning given in KMC 3.05.010. "Commercial recreation" means a recreation facility operated as a business and open to the public for a fee. New Text Underlined; [DELETED TEXT Page 80 of 139 Ordinance No. 2782 -2014 Page 5 of 12 "Commission" means the Kenai Planning and Zoning Commission. "Communication antenna" has the same meaning given in KMC 14.20.255. "Communication tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory/ funeral home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day care center" means an establishment where child care is regularly provided for children for periods of less than twenty-four (24) hours, including the New Text Underlined; (DELETED TEXT BRACKETED( Page 81 of 139 Ordinance No. 2782 -2014 Page 6 of 12 building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged. "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one - family, two - family and multiple - family dwellings, but not including any other building wherein human beings may be housed. "Dwelling, one - family" means any detached building containing only one (1) dwelling unit. "Dwelling, two - family" means any building containing only two (2) dwelling units. "Dwelling, multiple - family" means any building containing three (3) or more dwelling units. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Elementary school" means any school usually consisting of grades pre- kindergarten through grade 6 or any combination of grades within this range. "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one (1) side of a street between intersection streets. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Gas manufacturer/ storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning/ compressor stations. New Text Underlined; (DELETED TEXT BRACKETED) Page 82 of 139 l Ordinance No. 2782 -2014 Page 7 of 12 "Storage" means surface uses necessary for storage of produced or non - native natural gas. "Governmental building" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High school" means a secondary school usually consisting of grades 9 through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use carried out for remuneration by a resident in the resident's dwelling unit. "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off -street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. New Text Underlined; ]DELETED TEXT BRACKETED] Page 83 of 139 Ordinance No. 2782 -2014 Page 8 of 12 "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front -corner lot" means the shortest street line of a corner lot. "Lot line, front - interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Manufacturing /fabricating /assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or New Tent Underlined; DELETED TEXT Page 84 of 139 Ordinance No. 2782 -2014 Page 9 of 12 parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. "Nonconforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Nonconforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Nonconforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. "Nursing, convalescent or rest home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Park" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Parking, public lots" means a parking area available to the public, whether or not a fee for use is charged. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9) wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, or their successors and /or assigns or the agent of any of the aforesaid. "Personal services" mean establishments engaged in providing services involving the care of a person or his or her apparel. "Planned unit residential development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active New Text Underlined; IDELETED TEXT BRACKETED] Page 85 of 139 Ordinance No. 2782 -2014 Page 10 of 12 recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to, travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail business" means establishments engaged in selling goods or merchandise to the general public for business or personal /household consumption and rendering services incidental to the sale of such goods. "Secondary use" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface extraction of natural resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface extraction of natural resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. New Text Underlined:, [DELETED TEXT BRACKETED] Page 86 of 139 Ordinance No. 2782 -2014 Page 11 of 12 "Tree nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his or her real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" mean the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. Section 4. Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14,22.010 -Land Use Table, is hereby amended by adding and deleting the following columns and rows regarding Group Care Facilities in alphabetical sequence: KMC 14.20.010 LAND USE TABLE PUBLIClINSTITUTIONAL C R R RRl RS RS RS RU CC CG IL IH ED R TS L C CM 1 2 H U Group Care Facility 1-3 Dwellings* N P P P P P P C C N N C C C C C Group Care Facility: 4 or more Dwellings* N C C C C C C C C N N C C C C C New Text Underlined: )DELETED TEXT BRACKETED) Page 87 of 139 Ordinance No. 2782 -2014 Page 12 of 12 PUBLIC /INSTITUTIONAL C RR RR1 RS RS 1 RS 2 RU CC CG IL 1 M ED R TS H L C CM U [ASSISTED LIVING] [C] [C] IC] [C] IC] [C] [C] [C] [C] [C] [C] (C] [C] IC] [C IC] Section 5. 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(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 16, 2014 Adopted: August 6, 2014 Effective: September 5, 2014 New Text Underlined: [DELETED TEXT BRACKETED] Page 88 of 139 IlVllaye with a Past, C# with a Future n 4 6 • � 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll�l \1,4 dly o f/ 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Francis Krizmanich, City Planner DATE: June 24. 2014 SUBJECT: Group Care Facility Code Amendment In 2013, The City Council requested that the Planning staff begin work sessions with the Planning and Zoning Commission (P &Z) to discuss 'Transitional Housing" facilities in the City of Kenai. Work sessions were held from August 2013 through May of 2014. The intent of those work sessions was to create a regulatory framework to proactively address issues related to transitional housing before any new facility is developed in the City. Based on the work sessions with the P&Z, a broader definition, Group Care Facility, evolved that is more inclusive than the limited concept of Transitional Housing. The definition of "Group Care Facility' is more inclusive and therefore potentially less discriminatory than other more limited definitions. The Group Care Facility is recommended to be added as a separate code definition that broadly includes similar but separately defined uses. By creating this broad definition, the LAND USE TABLE can simply use "Group Care Facility" within the Public /Institutional section of the Land Use Table to regulate numerous similar uses. The definition for a Group Care Facility follows: A Group Care Facility is a facility which provides training, care, supervision, treatment and /or rehabilitation to the aged, disabled, homeless, or those suffering from the effects of drugs or alcohol. Such facilities include Assisted Living, Transitional Care Home, Boarding Home for Sheltered Care, Community Residences for the Developmentally Disabled, Community Residential Home, Community Shelters for Victims of Domestic Violence and Congregate Residence; however, this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons. Definitions for all of the separate facilities contained in the above broad definition are also proposed to be added to the code. Page 89 of 139 The Group Care Facility is placed within the Public/ Institutional section of the Land Use Table. It is classified as a Principal Permitted Use in those zones where similar uses are permitted, and as Conditional Use or Not Permitted use consistent with other zones in each use category. The proposed code amendment also contains standards for Group Care Facilities. The Standards apply to both Principal Permitted Uses and Conditional Uses. The Planning and Zoning Commission Resolution No. PZ14 -08, for Group Care Facilities, is attached. Page 90 of 139 / CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -08 thea7yof GROUP CARE FACILITIES A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC 14.20.171 ESTABLISHING A PROCESS FOR THE REGULATION OF GROUP CARE FACILITIES WITHIN THE CITY OF KENAI, AMENDING THE LAND USE TABLE IN KMC 14.22.0 10 TO PROVIDE FOR GROUP CARE FACILITIES AND AMENDING 14.20.320 TO INCLUDE DEFINITIONS OF GROUP CARE FACILITIES. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and placement of group care facilities in its zoning code; and, WHEREAS, the Fair Housing Act of 1968 and as amended in 1988, prohibits Housing discrimination against certain classes of people and the manner in which local governments may regulate housing for certain groups of people; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens to enact an ordinance regulating the establishment and placement of group care facilities within the City's boundaries that is in conformance with the Fair Housing Act, NOW, THEREFORE, IT IS RECOMMENDED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances be amended by adding a new section to be numbered KMC 14.20.171 as shown in Attachment "A" and adding 2) KMC 14.20.320(b) Specific Definitions as shown in Attachment "B" and 3) amending KMC 14.22.010 as shown in Attachment "C ". PASSED BY THE PLANNING AND ZONING CON ALASKA, this 28TH day of May, 2014. ATTE �- Sand tr h, CIT O CLERK Page 91 of 139 ATTACHMENT A 14.20.171. Group Care Facility (a) Intent: The City of Kenai may allow a Group Care Facility that insures safe and healthy living facilities for its clients. It is also the intent of this provision to allow such facilities subject to operational plans and standards that will mitigate any potential negative impacts to neighboring residential and commercial areas. (b) The City of Kenai fully intends to comply with the Fair Housing Act adopted in 1968 and as amended in 1988 or as thereafter amended, and nothing in this section shall be used or relied on to discriminate in housing within the City of Kenai based on race, color, national origin, religion, sex, familial status or disability. (c) The following standards shall apply to Group Care Facilities when allowed as a Principal Permitted Use. In addition to the considerations expressed in KMC 14.20.150, Conditional Use Permits, the Commission shall also specifically consider the following standards when considering Conditional Use Permits for a Group Care Facility: (1) The Group Care Facility shall conform to the underlying zone district's Use Table and Development Requirements. (2) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (3) Any facility shall comply with the minimum lot area requirement for the zone in which it is located. (4) Parking shall be provided on the subject property in conformance with the "Off- street parking and loading requirements" section of the City of Kenai Planning and Zoning code. (5) All facilities shall have supervisory personnel on site at all times, 24 hours per day, 7 days per week. (6) Adequate access to sanitary and cooking or food service facilities as appropriate shall be provided. (7) A minimum of 150 square feet of private enclosed living area (a room), exclusive of dining and bath facilities shall be provided for every person residing in the facility, up to a maximum occupancy of 4 unrelated individuals per enclosed space (a room containing 600 square feet) exclusive of dining and bath facilities. (8) Adequate recreational facilities shall be provided as appropriate for the facility's client group. Page 92 of 139 ATTACHMENT B KMC 14.20.320 Specific Definitions. "Boarding Home for Sheltered Care" means a facility for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. "Community Residences for the Developmentally Disabled" means a facility that provides food, shelter and personal guidance, with supervision, to developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community. These facilities normally include group homes, intermediate care facilities, and supervised apartment living arrangements. "Community Residential Home" means a facility that provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of an aged person, a physically disabled or handicapped person, a developmentally disabled person, an undangerous mentally ill person, and a child. "Community Shelter for Victims of Domestic Violence" means a facility that provides food, shelter, medical care, legal assistance, personal guidance, and other services to persons who have been victims of domestic violence, including any children of such victims, and who temporarily require shelter and assistance in order to protect their physical or psychological welfare. Congregate Residence means a facility for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses. "Group Care Facility" means a facility which provides training, care, supervision, treatment and /or rehabilitation to the aged, disabled, homeless, or those suffering from the effects of drugs or alcohol. Such facilities include Assisted Living, Transitional Care Home, Boarding Home for Sheltered Care, Community Residences for the Developmentally Disabled, Community Residential Home, Community Shelters for Victims of Domestic Violence, Congregate Residence; however, this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons. "Transitional Care Home" means a facility in which individuals live for a short period of up to two years of time while receiving physical, social or psychological therapy and counseling to assist them in overcoming physical or emotional problems to prepare them for finding and obtaining permanent housing. Page 93 of 139 ATTACHMENT C KMC 14.20.010 LAND USE TABLE PUBLICIINSTITUTIONAL C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Group Care Facility: N P P P P P P C C N N C C C C C 1 -3 Dwellings - Group Care Facility: N C C C C C C C C N N C C C C C 4 or more Dwellings- *Group Care Facilities, including both Principal Permitted Uses and Conditional Uses, shall comply with the standards outlined in section 14.20.171. Deleted Text Capitalized and in Brackets: PUBLICIINSTITUTIONAL C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU [ASSISTED LIVING] [C] [C] [C] [C] [C] [C] ]C] [C] [C] [C] [Cj [C] [C] [C] [Cl [C] Page 94 of 139 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2783 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 14.20.172 - EMERGENCY SHELTERS, AND AMENDING KMC 14.20.320 - DEFINITIONS, AND KMC 14.22.010 - LAND USE TABLE, TO PROVIDE ZONING REGULATIONS FOR EMERGENCY SHELTERS THAT PROVIDE TEMPORARY HOUSING FOR HOMELESS AND OTHERS IN NEED OF SAFE ACCOMMODATIONS. WHEREAS, the Kenai Zoning Code is contained in KMC Title 14; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and placement of emergency shelters in its zoning code; and, WHEREAS, emergency shelters provide temporary overnight sleeping accommodations for homeless persons; and, WHEREAS, it is in the best interest of the of the citizens of the City of Kenai to balance access to safe emergency shelters with the protection of residential neighborhoods and business districts by permitting emergency shelters through the conditional use process; and, WHEREAS, on the 28th day of May, 2014, the Planning & Zoning Commission held a public hearing and passed Resolution PZ -14 -10 recommending that the Kenai City Council adopt KMC 14.20.172 establishing a process for regulation of Emergency Shelter facilities within the City of Kenai, amending the Land Use Table, KMC14.22.010, to provide for Emergency Shelters and amending 14.20.320 to include a definition of Emergency Shelter. 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. Enactment of Section 14.20.172 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.172- Emergency Shelters, is hereby enacted as follows: 14.20.172. Emergency Shelters (a) i New Text Underlined; )DELETED TEXT BRACKETED) Page 95 of 139 Ordinance No. 2783 -2014 Page 2 of 12 (b) In addition to the c Conditional Use Permits for an Emergency Shelter: (1) The facility shall only be used to provide tern (2) The facility shall conform to the underlying (3) (4) (5) (6) (7) Section 3. Kenai Mun; Development Requirements. In all zone districts the maximum lot coverage for all buildings shall not use of the facility. Lmendment of Section 14 20 320(b) of the Kenai Municipal Code: That pal Code, Section 14.20.320(b) - Definitions, is hereby amended as follows: KMC 14.20.320 Definitions. (b) Specific Definitions. "Accessory building" means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use, except as allowed by a conditional use permit. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. "Administrative official" means the person charged with the administration and enforcement of this chapter. "Agricultural building" means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. "Agriculture" means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to New Tent Underlined; DELETED TEXT BRACKETED] Page 96 of 139 Ordinance No. 2783 -2014 Page 3 of 12 take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alteration" means any change, addition, or modification in construction, location, or use classification. "Animal boarding" means any building or structure and associated premises in which animals are fed, housed, and/or exercised for commercial gain. "Apartment house," see "Dwelling, multiple - family." "Area, building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. "Assemblage" means a large gathering of people for an event such as a concert, fair, or circus. "Assisted living" means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. "Automobile sales" means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. "Automobile service station" means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. "Automotive repair" means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. "Bank" means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term "bank" includes savings and loan. "Bed and breakfast" means a residential, owner- occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. "Boarding house" means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner's or keeper's family and the lodgers New Text Underlined.. [DELETED TEXT BRACKETED] Page 97 of 139 Ordinance No. 2783 -2014 Page 4 of 12 pay compensation to use one (1) or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. "Building Code" means the building code and /or other building regulations applicable in the City. "Building, existing" means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. "Building height" means the vertical distance from the "grade," as defined herein, to the highest point of the roof. "Building, principal or main" means a building or structure in which is conducted the principal or main use on the lot which said building is situated. "Business/ consumer services" means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. "Cabin rentals" means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. "Cemetery" means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. "Centerline" means the line which is in the center of a public right -of -way. "Church" means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term "church" includes a synagogue or temple. "City" means the City of Kenai, Alaska. "Clinic" (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. "Collector street" means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. "College" means an educational institution providing postsecondary (after high school) education. "Commercial kennel" has the same meaning given in KMC 3.05.010. New Text Underlined; [DELETED TEXT BRACKETED] Page 98 of 139 Ordinance No. 2783 -2014 Page 5 of 12 "Commercial recreation" means a recreation facility operated as a business and open to the public for a fee. "Commission" means the Kenai Planning and Zoning Commission. "Communication antenna" has the same meaning given in KMC 14.20.255. "Communication tower" has the same meaning given in KMC 14.20.255. "Conditional use" means a use which is permitted under the terns of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. "Condominium" means a common interest ownership dwelling in which: (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), "condominiums" shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. "Coverage" means that percentage of the total lot area covered by the building area. "Crematory/funeral home" means building or structure used for preparation of the deceased for display and /or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning —high temperatures, vaporization, and oxidation. "Day care center" means an establishment where child care is regularly provided for children for periods of less than twenty -four (24) hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged. "Dormitory" means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. "Dwelling" means a building or any portion thereof designed or used exclusively for residential occupancy including one - family, two - family and multiple - family dwellings, but not including any other building wherein human beings may be housed. "Dwelling, one - family" means any detached building containing only one (1) dwelling unit. "Dwelling, two - family" means any building containing only two (2) dwelling units. "Dwelling, multiple- family" means any building containing three (3) or more dwelling units. New TW Underlined; )DELETED TEXT BRACKETED) Page 99 of 139 Ordinance No. 2783 -2014 Page 6 of 12 "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. "Elementary school" means any school usually consisting of grades pre- kindergarten through grade 6 or any combination of grades within this range. "Emergency Shelters" means any facility with overnight sleeping accommodations the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (for example, victims of domestic violence single men /women, Youth, etc.). Shelter may be placement within a shelter facility, overnight church -based program or motel. "Essential service" means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. "Family" means any number of individuals living together as a single housekeeping unit in a dwelling unit. "Farming" means a tract of land cultivated for the purpose of commercial agricultural production. "Fence, height" means the vertical distance between the ground directly under the fence and the highest point of the fence. "Floor area" means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. "Fraternal organization" means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. "Frontage" means all the property fronting on one (1) side of a street between intersection streets. "Garage, private" means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. "Gas manufacturer /storage" means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning/ compressor stations. "Storage" means surface uses necessary for storage of produced or non -native natural gas. New Text Underlined; ]DELETED TEXT BRACKETED] Page 100 of 139 Ordinance No. 2783 -2014 Page 7 of 12 "Governmental building" means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. "Grade (ground level)" means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. "Greenhouse" means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. "Guest room" means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. "Guide service" means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. "Gunsmith" means a person who repairs, modifies, designs, or builds firearms. "High school" means a secondary school usually consisting of grades 9 through 12 or any appropriate combination of grades within this range. "Home occupation" means an accessory use carried out for remuneration by a resident in the resident's dwelling unit. "Hospital" means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. "Hotel" means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Junkyard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. "Library" means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. "Loading space" means an off - street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. "Lodge" means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day -to -day basis with or without meals. "Lot" means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. New Text Underlined; [DELETED TEXT BRACKETED] Page 101 of 139 Ordinance No. 2783 -2014 Page 8 of 12 "Lot, corner" means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights -of -way, two (2) government easements, or any combination thereof. "Lot coverage" means that portion of the lot covered by buildings or structures that require a building permit. "Lot depth" means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. "Lot line, front - corner lot" means the shortest street line of a corner lot. "Lot line, front- interior lot" means a line separating the lot from the street. "Lot line, rear" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten feet (10') in length, within a lot, parallel to and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot width" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. "Manufactured housing" means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16'), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. "Manufacturing /fabricating /assembly" means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. "Mini- storage facility" means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. "Mobile home" means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. "Mobile home park" means a site with required improvements and utilities for the long -term parking of mobile homes which may include services and facilities for the residents. "Modular home" means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal New Text Underlined; DELETED TEXT Page 102 of 139 i Ordinance No. 2783 -2014 Page 9 of 12 Code, is transported to the site and then assembled and placed on a permanent foundation. "Motel" means a group of one (1) or more detached or semi - detached buildings containing two (2) or more individual dwelling units and /or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. "Museum" means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. "Nonconforming lot" means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. "Nonconforming structure" means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. "Nonconforming use" means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. "Nursing, convalescent or rest home" means a building or structure used as a residence for people who require constant nursing care and /or have significant deficiencies with activities of daily living. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. "Park" means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. "Parking, public lots" means a parking area available to the public, whether or not a fee for use is charged. "Parking space, private" means any automobile parking space, excluding garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in total area. "Parking space, public" means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. "Person" means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, or their successors and /or assigns or the agent of any of the aforesaid. New Text Underlined; IDEL6TED TEXT BRACKETED Page 103 of 139 Ordinance No. 2783 -2014 Page 10 of 12 "Personal services" mean establishments engaged in providing services involving the care of a person or his or her apparel. "Planned unit residential development" means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. "Principal use" means the major or predominant use of a lot or parcel of land. "Profession" means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. "Property owner" means the owner shown on the latest tax assessment roll. "Recreation" means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. "Recreational vehicle" means a vehicular -type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to, travel trailers, camping trailers, truck campers, and motor homes. "Recreational vehicle park" means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. "Restaurant" means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. "Retail business" means establishments engaged in selling goods or merchandise to the general public for business or personal /household consumption and rendering services incidental to the sale of such goods. "Secondary use" means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association; corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. "State highway" means a right -of -way classified by the State of Alaska as a primary or secondary highway. "Storage yard" means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. New Text Underlined; ]DELETED TEXT BRACKETED] Page 104 of 139 Ordinance No. 2783 -2014 Page 11 of 12 "Street" means a public right -of -way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. "Structure" means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. "Subsurface extraction of natural resources" means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. "Surface extraction of natural resources" means removal of material, usually soil, gravel, or sand for use at another location. "Taxidermy" means the act of mounting or reproducing dead animals, fish, and /or birds for display. "Theater" means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and /or of live dramatic, speaking, musical, or other presentations. "Townhouse" means single - family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. "Tree nursery" means a place where trees /plants are propagated and grown to usable size. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. "Variance" means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his or her real property. "Warehouse" means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. "Wholesale business" means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be New Text Underlined; IDELETED TEXT BRACKETED Page 105 of 139 Ordinance No. 2783 -2014 Page 12 of 12 measured horizontally from the nearest point of a side lot line to the nearest part of the main building. "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. "Zoning ordinance or ordinances" mean the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. Section 4. Amendment of Section 14.22.0 10 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.22.010- Land Use Table, is hereby amended by adding the following columns and rows regarding Emergency Shelters in alphabetical sequence: KMC 14.22.010 LAND USE TABLE IPUBLIC/INSTITUTIONALI CIRRIRRIIRSI RSl RS2 RII CC CG IL IH ED R TSH LC CMU Emergency Shelter N Ig C N IN IN Ig Ig C Ig Ig Ig C C Ig 12 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 4. Effective Date: That 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 6th day of August, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: July 16, 2014 Adopted: August 6, 2014 Effective: September 5, 2014 New Text Underlined; [DELETED TEXT BRACKETED] Page 106 of 139 '"Kllaye with a Past, C# with aFuture�� 210 Fidalgo Avenue, Kenai, Alaska 99611- 7794b.,„ � Telephone: 907-283-7535 1 FAX: 907-283-3014 tIII�t flre aty o f/ 1997 V MEMORANDUM: TO: Rick Koch, City Manager FROM: Francis Krizmanich, City Planner DATE: June 24, 2014 SUBJECT: Code Amendment to add Emergency Shelter to the Zoning Code When the Planning and Zoning Commission discussed Group Care Facilities, they concluded that a Homeless Shelter is a somewhat different but similar and necessary use that could be treated as a Conditional Use in most zone districts. The Commission did recommend that emergency shelters should not be permitted in the Conservation, Urban Residential and Suburban Residential zone districts. An Emergency Shelter means any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (e.g. victims of domestic violence, single men/ women, youth, etc.). Shelter may be placement within a shelter facility, overnight church -based program or motel. Emergency Shelter facilities will be added as a separate code definition and land use to differentiate it from Group Care Facilities, The LAND USE TABLE will list Homeless Shelter as a Conditional Use in all zone districts under the Public/ Institutional use classification. We place Homeless Shelter in the Conditional Use section, add standards and also refer it back to the general Conditional Use Standards contained in KMC Sec 14.20.150. The Planning and Zoning Commission Resolution, No. PZ14 -10, for Emergency Shelter, is attached. Page 107 of 139 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -10 ebaedvuf EMERGENCY SHELTER A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE ENACTMENT OF KMC 14.20. 172 ESTABLISHING A PROCESS FOR THE REGULATION OF EMERGENCY SHELTER FACILITIES WITHIN THE CITY OF KENAI, AMENDING THE LAND USE TABLE IN KMC 14.22.0 10 TO PROVIDE FOR EMERGENCY SHELTERS AND AMENDING 14.20.320 TO INCLUDE A DEFINITION OF EMERGENCY SHELTER. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning Code does not contain a comprehensive regulation for the establishment and placement of emergency shelters in its zoning code; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens safety to enact an ordinance regulating the establishment and placement of emergency shelter facilities within the City's boundaries. NOW, THEREFORE, IT IS RECOMMENDED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances be amended by adding a new section to be numbered KMC 14.20.172 and adding to KMC 14.20.320(b) Specific Definitions and amending KMC 14.22.010 as shown in Attachment "A ". PASSED BY THE PLANNING AND ZONING COMMISSION ALASKA, this 28TH day of May 2014. , ATTE Sand a i odi h, CI CLERK Page 108 of 139 KENAI, VICE- CHAIRMAN ATTACHMENT A 14.20.172. Emergency Shelter (a) Intent: The City of Kenai may allow an Emergency Shelter as a Conditional Use that provides temporary housing for indigent, needy, or homeless persons. It is the intent of this provision to allow such facilities subject to operational plans and standards that will mitigate any potential negative impacts to neighboring residential and commercial areas. (b) In addition to the considerations expressed in KMC 14.20.150, the Commission shall also specifically consider the following standards when considering Conditional Use Permits for an Emergency Shelter: (1) The facility shall only be used to provide temporary housing. (2) The facility shall conform to the underlying zone district's Use Table and Development Requirements. (3) In all zone districts the maximum lot coverage for all buildings shall not exceed 30% of the lot area. (4) Parking shall be provided on the subject property in conformance with the "Off- street parking and loading requirements" section of the City of Kenai Planning and Zoning code. (5) All facilities shall have supervisory personnel on site at all times during use of the facility, 24 hours per day, 7 days per week. (6) The facility must be certified by the Kenai Fire Department or Fire Marshall as suitable for a temporary emergency shelter. (7) In the event of an extreme or otherwise unforeseen emergency, the City Council, Mayor, or City Manager may designate otherwise unpermitted facilities as Emergency Shelters. KMC 14.20.010 LAND USE TABLE PUB Emergency Shelter SWUMERIM 1►1MIMM KMC 14.20.320 Specific Definitions. t« N IC IC Ic IC IC ICIC IC Emergency Shelter means any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless people (e.g. victims of domestic violence, single men/ women, youth, etc.). Shelter may be placement within a shelter facility, overnight church -based program or motel. Page 109 of 139 [PAGE LEFT BLANK INTENTIONALLY] Page 110 of 139 Suggested by: Administration CITY OF KENAI NO. 27842014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14,22.010 - LAND USE TABLE, TO DESIGNATE AIRPORTS AS A CONDITIONAL USE INSTEAD OF A PERMITTED USE, IN CENTRAL COMMERCIAL, GENERAL COMMERCIAL, LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL ZONES AND TO CLARIFY THE INTENDED LAND USE. WHEREAS, the Kenai Zoning Code, Section 14.22.010, Land Use Table, lists "Airports and Related Uses" as a Principal Allowed Use in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts; and, WHEREAS, "Airports" are defined in Section 14.20.320 of the Zoning Code but "Related Uses" are not defined and should be removed from the Land Use Table; and, WHEREAS, airports can have a widespread impact on surrounding areas; and, WHEREAS, it is in the best interest of the City of Kenai to protect its citizens from airport hazards and to promote the health and welfare of its citizens by regulating the placement and operation of airports within the City limits; and, WHEREAS, regulating airports in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts as Conditional Uses is in the City's best interest; and, WHEREAS, On June 25, 2014 the Planning and Zoning Commission held a public hearing and passed PZ14 -17 Recommending Council Amend the Land Use Table in KMC 14.22.010 to Provide for Airports as a Conditional Use in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial Zone Districts and to Eliminate the Reference to Related Uses in the Use Table. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Section 2. Kenai Mun Form: That this is a code ordinance. Code, Section 14.22.010, is New Text Underlined; amended as follows: TEXT BRACKETED] Page 111 of 139 That Ordinance No. 2784 -2014 Page 2 of 2 KMC 14.22.010 LAND USE TABLE INDUSTRIAL C RRIRRIIRSI RS1 RS2 RU CC CG JIL IH ED R TSH LC CMU Airports P C N C N N C C[P] C[P] C[P] C[P] N C N N C [AND RELATED USES] Section 3. Severabilitv: 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 4. Effective Date: That 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 6th day of August, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: July 16, 2014 Adopted: August 6, 2014 Effective: September 5, 2014 New Text Underlined; [DELETED TEXT Page 112 of 139 "V llaye with a Past, C# with a Fu fare 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 11111. 1 1992 MEMORANDUM: TO: Rick Koch, City Manager VVFROM: Francis Krizmanich, City Planner DATE: June 26, 2014 SUBJECT: Airports as Conditional Uses in the Industrial and Commercial zones On June 25, the Planning Commission held a public hearing to amend the zoning code to list "Airports" as a Conditional Use in the Central Commercial (CC), General Commercial (CG), Light Industrial (IL) and the Heavy Industrial (IH) zone districts. "Airports and Related Uses" are currently listed in the Land Use Table, KMC Section 14.22.010, as a Principal Permitted Use in the Central commercial (CC), General Commercial (CG), Light Industrial (IL) and the Heavy Industrial (IH) zone districts. As defined in our code, "Airport" means a location where aircraft such as fixed -wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings." Amending the Land Use Table to make airports a Conditional Use in the Central Commercial, General Commercial and Industrial zone districts would be an appropriate mechanism to provide for some public safeguards for any new airport development in these areas. The Planning Commission agreed that the City can and should regulate airport development in these zones and that we would use the standard conditional use permit (CUP) process to accomplish this. As part of that process, we would work with the City Airport staff, Airport Commission and the FAA as appropriate. Typical conditional use issues that would be reviewed would include conformance with adopted plans, hours of operation, lighting, frequency of use, noise, approaches, neighborhood compatibility, accessory structures, and wildlife impacts. Page 113 of 139 The staff opinion is that amending the Land Use Table to refer to only Airports and deleting Related Uses would be appropriate given that Airport is defined in the code; whereas, Related Uses is not defined. Deleting the Related Uses wording would allow related uses to occur as they would otherwise be allowed by other zoning provisions such as Retail, Warehouse, Storage Yard, etc. without unnecessarily burdening the business community with needless conditional use reviews for the related uses. The Land Use Table would be amended as shown below. Underlining denotes code additions, brackets and capitol letters denote deletions. KMC 14.20.010 LAND USE TABLE INDUSTRIAL C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Airports P C N C N N C C[P] C[P] C[P] C[P] N C N N C [AND,RELATED USES] Page 114 of 139 CITY OF KENAI ' PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -17 rb«'h� AMENDMENT TO THE CC, CG, IL AND IYi KOMI. ISKA ZONE DISTRICTS TO PERMIT AIRPORTS AS A CONDITIONAL USE A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THE AMENDMENT OF THE LAND USE TABLE IN KMC 14.22.010 TO PROVIDE FOR AIRPORTS AS A CONDITIONAL USE IN THE CENTRAL COMMERCIAL, GENERAL COMMERCIAL, LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL ZONE DISTRICTS AND TO ELIMINATE THE REFERENCE TO RELATED USES IN THE USE TABLE. WHEREAS, the City of Kenai has enacted the Kenai Zoning Code in KMC 14.20; and, WHEREAS, the Kenai Zoning Code Land Use Table currently lists "Airports and Related Uses" as a Principal Allowed Use in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts; and, WHEREAS, it is in the best interest of the City of Kenai and its' citizens safety to regulate the establishment and placement of airports within the City's boundaries, NOW, THEREFORE, IT IS RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances, KMC 14.22.0 10, Land Use Table, be amended to require "Airports" to be listed as Conditional Use in the C entral Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts, and that "and Related Uses" be deleted from the "Airports and Related Uses "" listing in the Land Use Table as shown in Attachment "A ". PASSED BY THE PLANNING AND ZONING COMMISSION 07 THE CITY OF KENAI, ALASKA, this 25TH day of June, 2014. Av t A EST: off ait, CHAIRMAN S a odig , CITY CLERK Page 115 of 139 Attachment A KMC 14.20.010 LAND USE TABLE INDUSTRIAL C RR RR7 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CM C[P] 9P] U Airports P C N C N N C C[P] C[P] N C N N C [AND RELATED USES] Page 116 of 139 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2785 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE STATE OF ALASKA FOR THE PURCHASE OF LIBRARY BOOKS. WHEREAS, the City of Kenai received a grant from the State of Alaska, Department of Education & Early Development for the purchase of books at the Library; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. 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, Department of Education and Early Development in the amounts of $ 6,650 for the purchase of library books and to execute grant agreements 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: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library - State Grants $6,650 Increase Appropriations: Library - Books $6,650 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6u day of August, 2014. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Introduced: July 16, 2014 Approved by Finance: Adopted: August 6, 2014 Effective: August 6, 2014 New Text Underlined; DELETED TEXT BRACKETED] Page 117 of 139 j "Villaye with a Past, C# with a Future ti 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 II - 1991 Me c[fy a/ KEN AL SKA MEMO: TO: Rick Koch FROM: Mary Jo Joiner DATE: July 8, 2014 SUBJECT: Annual State Grant The library has been awarded the annual public library assistance grant by the Alaska State Library. As per the grant award, the amount of $6,650 is to be used for the purchase of books and should be deposited in account 001- 440 -4666. The library director completes an application each year in order to receive these funds. Certain minimum standards must be met in order to receive this grant. These include reporting requirements on expenditures and collection statistics, number of hours that the library is open to the public, minimum educational requirements for the Library Director and continuing education requirements. Page 118 of 139 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 9, 2014 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Commissioner Knackstedt called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Knackstedt led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: D. Fikes, G. Pettey, H. Knackstedt, K. Peterson, N. Kiel, P. Bryson Staff /Council Liaison present: Council Member Navarre, City Planner F. Krizmanich, City Clerk S. Modigh, Planning Assistant W. Anderson. A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Kiel SECONDED the motion. There were no objections. SO ORDERED. d. Consent Agenda Knackstedt noted for the record that Chairman Twait had requested an excused absence at the last meeting and would be added to record as such. MOTION: Commissioner Fikes MOVED to approve the consent agenda and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. e. 'Excused Absences — J. Twait *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. Page 119 of 139 2. *APPROVAL OF MINUTES —June 25, 2014 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ14 -15 — Application for Variance Permit for a side yard setback variance for the property known as 308 Rogers Rd., Lot 8, Block 5, Inlet View Subd., Third Addn., Part One, submitted by Brad Frates, 308 Rogers Rd., Kenai, AK 99611 City Planner Krizmanich reviewed the staff report included in the packet dated July 9, 2014 noting that staff could not recommend the granting of the variance because the current conditions which exist are not peculiar to the property and the need for the proposed building has been created by the applicant. Further, the adjacent property would be negatively impacted by the close proximity of the proposed structure to the property line and the requested variance did not appear to be the minimum necessary to allow the reasonable use of the property. L103K91:F Commissioner Kiel MOVED to approve Resolution No. PZ14 -15 and Commissioner Bryson SECONDED the motion. Chairman Knackstedt opened the public hearing. Brad Frates, Kenai resident spoke in favor of his variance application. Melisa Frates, Kenai resident spoke in favor of the variance. The Commission and the Frates discussed the options for reduced dimensions. Peter Mantovie, Kenai resident spoke in favor of the variance as long as it didn't affect the value or potential sale of his home. Mr. Frates stated that he would consider not making the shed a permanent fixture therefore it could be moved if another individual were to purchase the neighboring house and was not in favor of the shed. VOTE: YEA: Peterson, Kiel, Pettey, Bryson PLANNING AND ZONING COMMISSION MEETING July 9, 2014 Page 2 Page 120 of 139 NAY: Fikes, Knackstedt MOTION PASSED. Chairman Knackstedt advised of the 15 day appeal period. 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council — Navarre reviewed the action agenda in the packet and noted that items which were approved by the Commission would be on the Council's next agenda. b. Borough Planning — No report. c. Administration — further advised of P &Z items which will be before Council and reminded that the annual Comprehensive Plan review will being soon. 11. INFORMATIONAL ITEMS: Krizmanich advised of the neighborhood cleanup that was completed in conjunction with the Parks & Recreation Department. Noted he would like to see this as an annual event to keep the City clean. 12. NEXT MEETING ATTENDANCE NOTIFICATION: July 23, 2014 13. COMMISSION COMMENTS & QUESTIONS: Bryson noted that Council overturned a variance in the past that the Commission granted. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:55 p. M. Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk PLANNING AND ZONING COMMISSION MEETING July 9, 2014 Page 3 Page 121 of 139 [PAGE LEFT BLANK INTENTIONALLY] Page 122 of 139 II_; Tel: 907-278-8827 .bdc com5779 Anchorage, AK Suite 99503 June 30, 2014 Honorable Mayor and City Council City of Kenai, Alaska Professional standards require us to communicate with you regarding matters related to the financial statement audit that are, in our professional judgment, significant and relevant to your responsibilities in overseeing the financial reporting process. This report provides an overview of our plan for the audit of the financial statements of City of Kenai, Alaska (the City), as of and for the year ended June 30, 2014, including a summary of our overall objectives for the audit, and the nature, scope, and timing of the planned audit work. We are pleased to be of service to the City. Please feel free to contact Michelle Drew should you have any questions regarding the audit plan, or if you would like to discuss any other matters that may be of interest to you. Respectfully, /Lf)o tclA, bLP BUD USA. LLP, a Delaware bmlted liabibty pannenlop, is the U S. member of BDO International Limrtec, A UK company limned by S.sranhhs. and loans pan of the intemational Boo network of independent member firms BOO is the brand name for the BDO network and for each of the BUD Member Firms , Page 123 of 139 Client Service Team Our client service members for this year's audit services are listed below. As a matter of policy, we attempt to provide continuity of service to our clients to the greatest extent possible. Where key engagement team member transition rotation is necessary, we will discuss this matter with management or those charged with governance and determine the appropriate new individuals to be assigned to the engagement based on particular experience, expertise, and engagement needs. Engagement Team: • Engagement Partner - Michelle Drew • Senior Auditor - Sam Thompson • Audit In- charge - Andrew Krysinski • Audit Staff - Jin Chen • Audit Staff - Bryan Beard In addition to the on -site fieldwork audit team, we will be teaming with BDO national personnel to provide you with the most experienced expertise. Numerous individuals are available to provide technical consulting and /or review on an as needed basis. The following individual has been specifically assigned to this engagement. • Technical Reviewer - John Bost Independence Communication Our firm and its personnel comply with applicable professional independence standards - to include financial interests, business and family relationships, and non -audit services that may be thought to bear on independence. In addition, our policies restrict certain non -audit services that may be provided. Page 124 of 139 Management's Responsibilities Management is responsible for preparing, with the oversight of those charged with governance, the financial statements and disclosures in conformity with accounting principles generally accepted in the United States of America. Management's responsibilities also include the following: • Establish and maintain effective internal control over financial reporting and proper accounting records. • Identify and ensure compliance with relevant laws and regulations. • Safeguard the City's assets. • Select appropriate accounting principles. • Use reasonable judgments and accounting estimates. • Draft the financial statement and complete a GAAP disclosure checklist to ensure there are no significant financial statement disclosure deficiencies. • Make all financial records and related information available to BDO. • Record material audit adjustments and affirm to BDO that the impact of uncorrected misstatements is immaterial to the financial statements taken as a whole. • Provide BDO with a letter confirming representations made during the audit. Page 125 of 139 3 Engagement Objectives Our objectives with respect to the audit of the City annual financial statements are summarized below: • Plan and perform an audit to obtain reasonable assurance about whether the financial statements are free of material misstatements, whether caused by error or fraud. An audit in accordance with auditing standards generally accepted in the United States of America does not provide absolute assurance relative to or any guarantee of the accuracy of the financial statements and is subject to the inherent risk that errors or fraud, if they exist, may not be detected. • Obtain a sufficient understanding of the City's internal control to plan the audit of the financial statements. However, such understanding is required for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. • Communicate our responsibilities in relation to the audit and establish an understanding of the terms of the engagement. • Provide an overview of the overall audit strategy and planned scope and timing of the audit. • Inquire of those charged with governance about risks of material misstatement, including fraud risks, and whether those charged with governance are aware of other matters that may be relevant to the audit such as violations or possible violations of laws or regulations and complaints or concerns raised regarding accounting or auditing matters. • Coordinate with others within the City, as appropriate, to optimize audit effectiveness and efficiency. • Consult regarding accounting and reporting matters as needed throughput the year. • Communicate with management and those charged with governance regarding significant deficiencies and material weaknesses identified during our audit and other timely observations that are significant and relevant to the financial reporting process. • Work with management toward timely issuance of financial statements. • Maintain our independence with respect to the City. Ensure that those charged with governance are kept appropriately informed in a timely manner of the City's financial reporting matters; comply with professional standards as to communications with those charged with governance. Page 126 of 139 Overall Audit Strategy - Planned Scope Overall, our audit strategy is to focus on higher risk areas of material misstatement (whether due to error or fraud) and other areas of concern for management and those charged with governance. Our audit strategy includes consideration of: • Prior year audit results along with interim results, including discussions with management and those charged with governance regarding the City's operations, business activities, and risks. Inherent risk within the City (i.e., the susceptibility of the financial statements to material error or fraud) before recognizing the effectiveness of the control systems. • A continual assessment of materiality thresholds based upon qualitative and quantitative factors affecting the City. Recent developments within the industry, regulatory environment, and general economic conditions. Recently issued and effective accounting and financial reporting guidance. The City's significant accounting policies and procedures, including those requiring significant management judgments and estimates and those related to significant unusual transactions. The control environment, risk management and monitoring processes, and the possibility that the control systems and procedures may fail to prevent or detect a material error or fraud. We will place reliance on internal controls, where applicable, in determining the degree of detailed substantive testing required. Information about systems and the computer environment in which financial records and related systems operate. Based upon our initial assessment, our audit will entail a combination of testing controls for reliance and substantive testing. Page 127 of 139 Overall Audit Timeline Our goal is to conduct and complete the audit in a timely manner. The overall timeline for these services is noted below. • "Preliminary fieldwork" will take place from Anchorage, utilizing electronic data transfer, email, and phone exchange. This will take place during early July 2014. • Final fieldwork will take place in Kenai - September 29th through October 3rd. We welcome any member of the council to stop by and see us with any questions or concerns. At that time, we will be contacting some members of the council to conduct our annual audit related questions. • Review of financial statements, wrap up - October • Target opinion date - mid November Contact Information We would be happy to answer any questions you might have regarding the audit. And also, this is a good opportunity for you to communicate any specific areas of focus or concern that you have regarding the audit or audit plan. You can contact us at (907) 278 -8878 any time with issues or concerns. You can also reach us by email at the following: • Michelle Drew - mdrew@bdo.com • Sam Thompson - sthompson@t)do.com Page 128 of 139 M_'0'0 �'& the e# c KENAI ALI PARKS & RECREATION MID -MONTH REPORT July 2014 Crew members have been busy performing a variety of routine and non - routine maintenance tasks. The mowing schedule has been refined and individuals responsible for turf maintenance have been doing a great job to date keeping up. Crews added wood chips to the grove of trees at the Public Safety building and other areas throughout town. Flower displays were placed early June in addition to planting of the various beds throughout town, including two new barrel displays at Municipal Park. The repurposed wooden pallets placed at the library entrances have been extremely popular and generates a lot of interest. The Department coordinated with Boys and Girls Club on repainting of the fence between the Recreation Center and Elks Lodge. The weather has hampered there progress some but will look nice once completed. Boys and Girls Club will also be painting lady bugs for us to display in flower beds throughout town. A lot of the departments time recently has been dedicated toward gearing up for this year's personal use fishery. Preparation included staff training, procurement of supplies and placing of signs, etc. The beach area has been completed by the contractor at Daubenspeck Family Park. The banks near the sand beach will yet be hydro- seeded by a contractor. Additionally, the hill off Lawton across from Walmart has been hydro -seed with a wild flower mix. Seedlings are beginning to germinate but will be a few more weeks before blooming. The contractor is nearly complete with the new landscape bed at Leif Hansen Memorial Park. This will be a nice addition to the area once completed. Clean up efforts off Kulila Place went well. There was a total of 48 yards of debris hauled by Alaska Waste and at least half of that amount removed by our crew members. The carnival back in June went well and no issues were reported back to the department. The 4th July festivity on the parkstrip went as planned as well. Page 129 of 139 PUBLIC WORKS DIRECTOR CAPITAL PROJECTS MANAGER MID -MONTH REPORT EHc ciyvf TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager DATE: July, 2014 SUBJECT: Mid - Month Report; Public Works / Capital Projects Public Works: • Alaska Pollution Discharge Elimination System (APDES) permit - pending ADEC review. • Lift Station Telemetry Replacement — In progress. • WWTP O &M Manual Update — In progress. • S Spruce & Third Ave. Repair — Waiting for FEMA concurrence to advertise. Capital Projects: • Maintenance Facility — Punch list, additional authorized work, and closeout in progress. • Kenai Industrial Park — Proposal to pulverize asphalt and place and compact it on Marathon Road requested from contractor. • Central Heights Roadway Improvements — Closeout will commence after seeding is established. • Vintage Pointe and Senior Center Siding — Construction in progress. • City Hall and Senior Center heated sidewalks and Boiler Replacement — Construction in progress. • Police Dept Parking Lot Improvements & Citywide Asphalt and Concrete Improvements — Additional scope of work being identified. • Kenai Airport Airfield Marking — Construction complete. Closeout in progress. • Old Town Overland Ave. Sidewalk — Proposal to construct requested. • Reservoir and Water Main Design — Agreement executed. Design in progress. • Magic Ave. design. — In progress. 95% drawings received. • First St pavement and curb upgrades design — Funding required. • Flight Service Station Upgrades — Restroom and sidewalk improvements awarded. Contract execution in progress. • Public Safety Building Improvements — Boiler replacement design complete. Additional funding required to execute boiler replacement. • Daubenspeck Park Beach — Construction in progress. • Airport Security Camera Replacement — Contract execution in progress with consultant to prepare RFP for design. • South Beach Road Design — Resolution to award. Page 130 of 139 KENAI SENIOR CENTER July 2014 REPORT / r � the ai!�yuf KENA \vim SKA o: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: July 7, 2014 Total June Meal Count 2014 Served: Total Congregate Meals Served: 1,269 Total Home Meals Served: 2,070 Total June Meal Count 2013 Served: Total Congregate Meals Served: 1,102 Total Home Meals Served: 2,327 June Rentals: 1 Volunteer Hours: 452 We have received notification from the Borough and NTS grants. All grants remain the same as last year for the FYI budget. United Way funding was down almost $700.00. Admin. Assistant had 15 appointments for various senior issues. There were 1,326 congregate meals and 2,070 home meals prepared this month. This past fiscal year we served 37,286 meals. 23 Seniors participated in 11 weight resistant classes, 7 participated in 11 exercises, 7 seniors participated in 8 Tai Chi classes, 8 seniors participated 11 times in Zumba, and 43 seniors participated in blood pressure checks with 3 seniors requesting summaries to take to doctor's appointments. 5 seniors participated 43 times with practice as well as providing entertainment to Forget -Me -Not Adult Day Service, Heritage Place and Nikiski Senior Center. There were 10 line dancers that practiced and entertained 49 times this month. 85 individuals participated in three Thursday night Blue Grass events. There were 48 seniors participated in 4 Bridge games this month, 103 seniors participated in Pinochle, 10 seniors participated dominoes 10 times this month, I 1 seniors frequented the computer /I -pad class, 4 seniors participated 4 times in a game of Tri -poly, 9 seniors participated in 4 Spanish classes. The outreach worker led the knitting and ceramics classes. During this month, 2 seniors participated in 4 classes, and no one participated in ceramics this month. She made 10 visits: 4 to the hospital, 2 two Heritage Place, 2 to two assisted living homes and 2 were home visits. One of our volunteer drivers began the summer "Mystery Drive." 7 seniors participated on the drive. The seniors look forward to these outings and 10 are signed up for the next drive in July. There was an outing to Anchor Point with 9 seniors participating. The area -wide picnic was held in Kenai. Due to rain, it was held at our senior center. We had a great turn out from ALL the area -wide senior centers. It is the fist time Ninilchik has participated. Each senior center contributed food for the event. This year the entertainment was our local Blue Grass Group. There were 230 seniors that participated with 63 from our senior center. 103 were present for Father's Day luncheon, 10 seniors participated in Baseball Day, 58 participated in "Log Cabin Day. On Log Cabin Day, seniors built log cabins out of Lincoln logs and then voted on the best one. Join us for the quarterly dance on July 18. The "Button Box Gang" from Anchorage will be playing polka music. Bring a finger food to share and $5.00 will get you into the dance! Guaranteed a great time, even if you don't dance, you will enjoy the music!! Very fun! Page 131 of 139 "Villaye with a Past, C# with a Future" ,3a 210 Fidalgo Avenue, Kenai, Alaska 99611 - 7794 Telephone: 907- 283 -7535 / FAX: 907- 283 -3014 1992 KENAIyAULSKA �� TO: Chief Gus Sandahl, Lt. Dave Ross FROM: Cora Chambers - Kenai Animal Shelter DATE: 07/05/2014 SUBJECT: June Monthly Report This month Kenai Animal Shelter took in 97 live animals, and 8 Doa's totaling 105 animals handled. Here is a breakdown of animal intake and disposition. Does: Disposition: Waiver 21 Intake : P Disposition: Euthanized Waiver 11 Adopted 17 Stray 36 Euthanized 03 Impound 04 Claimed 25 Protective Custody 01 Field Release 00 Quarantine 01 Transferred to Rescue 21 Claimed 01 Other Adopted Cats: Intake: ® Disposition: Waiver 21 Adopted 18 Stray 25 Euthanized 05 Impound Claimed 0 Protective Custody Transferred to Rescue 19 Field Release 01 Other Other Animals: ON os Rabbit 01 Adopted 01 Claimed 01 Rodent 03 Adopted 03 DOA: Dog 4 Cat 4 3 Citations 37 Animals were left in the overnight drop off kennels. 39 Volunteer Hours Logged 25 Animals are known borough animals Kennel Permits 39 Field Investigations & patrols Community Proiects: Page 132 of 139 POLICE DEPARTMENT MID -MONTH REPORT June 2014 the C# 01, KENALALA SKA TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 7!9!14 SUBJECT: Police & Communications Department Activity — Month of June 2014 Police handled 672 calls for service. The Communications Center received 385 emergency 9 -1- 1 calls (260 from cell phones). Officers made 39 arrests and wrote 190 reports. Traffic enforcement resulted in 80 warnings, 11 speeding tickets, 1 seatbelt tickets, 5 citations for equipment violations, and 40 citations for "other" traffic violations. There were 6 DUI arrests (1 felony). Officers investigated 12 motor vehicle crashes. None of the crashes were DUI related, and two of them involved moose or caribou. For the first 2 weeks of June, Officer Russell traveled out of state for Drug Recognition Expert training. For most of June, officers and Investigators dedicated the majority of their time to the Missing Person investigation. Page 133 of 139 Melly f KENAI COMMUNITY LIBRARY MID -MONTH JULY 2014 Adult Non-Fiction 1,330 In -House circulation 443 Young Ado It Fiction 322 Video 0 Periodicals 93 Room Booking 152 Juvenile Fiction 698 Music 48 Juvenile Non-Fiction 361 DVDs 2,540 Easy Fiction 1,445 Audio books 178 Easy Non - Fiction 319 Miscellaneous 235 Interlibrary Loan 24 Computer Programs 10 Total Print 6,222 Total Non -Print 4,485 June Circulation Figures Adult Fiction 1,630 Internet Access 1,322 al Circulation 10,707 In -House circulation 443 rary Door Count....... rFreegal 8,598 Downloadable Audio 416 Music 118 Downloadable EBooks 582 In June we had 4 volunteers who put in a total of more than 16 hours. There were 15 Children's programs with 620 total in attendance and 10 adult programs with 17 participants. Inter Library Loan logged 25 orders with 23 items received, 29 returned and 31 items lent by our library to other institutions. Library Cards Issued JUNE Income 1 Fines $ 818.63 Xerox 67.25 Lost/Damaged 122.28 Test Proctoring Fee 80.00 Printing 267.75 Other 0.00 Total income $1,355.91 Library Cards Issued June Anchor Point 1 ILL I Kasilof I Kenai 38 Nikiski 16 Non Resident 8 Soldotna 19 Cterhnn 3 The Summer Reading program is up and running. FY Circulation This year's theme is Fizz, Boom, Read! We had a 200,000 huge turnout for the Stevens Puppet's 150,000 performance of Beauty and the Beast. 10 000 {, We have received notification that we will 5 �`P receive $6,650 for the annual Public Library Assistance grant. 2006 2007 2008 2009 2010 2011 2012 2013 2014 Page 134 of 139 1lil Municipal Airport Airport Improvement Program: July 2014 Airport Manager's Report Update Master Plan — A revised Phase 2 report was given to City Administration on May 22 and is being reviewed. Phase 2 Update Master Plan (Aeronautical Survey) — This project is going very well. The sub consultant was here the week of July 1 setting panels and surveying. The aerial photography for the imagery was performed July 4 & 5'h. The sub will start the mapping process which will take approximately 2 months. They will return the end of August, first of September to complete quality control which should take about 2 weeks. Airfield Marking Project — The contractor returned on June 29, 2014 to complete the reflectometer tests. The closeout process has begun. Tenants have stated the painting looks really good. Security Camera Project — A project scope and cost has been submitted by Wince- Corthell- Bryson for review. The Airport plans to put out a design -build request for proposal and have this project ready to go the next time the FAA has grant authority. Snow Removal Equipment (SRE) — The FAA has the grant application and we are waiting for the grant offer. In- house: Operations: Staff is busy making sand, mowing, crack sealing, hazing, and landscaping, etc. The Airport is also advertising for a full -time Airport Operations Specialist position which was approved in the FY2015 budget. The job announcement closes on Friday, July 11. 141h KPAR The air fair was again a big success. Thank you to all fellow co- workers, volunteers, financial sponsors, and poker prize sponsors. This event just would not happen without the generous contribution of time, money, and hard work. Over 400 people came to the barbeque and enjoyed a great meal. (Please see letter of appreciation on the back of this report). 2014 -07 Page 135 of 139 FLOAT PLANE BASIN ACTIVITY 2010 -2014 - - - - -- ----------------------------------- OPERATIONS 2013 2012 ----------------------------------------- Month 2014 2013 2012 2011 2010 MAY $292 30 33 12 $2,752 49 109 JUNE $2,027 79 93 149 $2,533 135 170 JULY $3,285 168 172 $2,497 162 228 AUGUST $824 $2,211 161 195 124 192 SEPTEMBER $43 Total 139 29 $12,784 86 83 OCTOBER 67 10 56 20 NOVEMBER 0 0 Closed Closed Total 109 661 567 612 802 0 not reported ----------------------------------- FUEL SALES - - - - -- Month 2014 2013 2012 2011 2010 MAY $1,151 $622 $292 $150 $521 JUNE $2,752 $2,636 $3,206 $2,558 $2,027 JULY $3,517 $2,533 $4,421 $3,870 AUGUST $3,285 $5,929 $3,535 $2,497 SEPTEMBER $1,740 $824 $2,211 $1,447 OCTOBER $255 $0 $576 $43 Total $3,903 $12,055 $12,784 $13,451 $10,405 Slips Rented Private Commerical Page 136 of 139 Rev 712014 V" \ To: Rick Koch, City Manager FINANCE DEPARTMENT MID -MONTH REPORT ✓%From: Terry Eubank, Finance Director / Date: July 10, 2014 Re: Monthly Report July 2014 The department has been extremely busy since the beginning of the new fiscal year on July 1 st. The transition of the employees' health care insurer has been in full swing and seems to be progressing well. The department has been working hard to prepare for the 2014 Personal Use Fishery. IT has assured all shacks are online and ready to process transactions, software enhancements are complete, and City Hall is prepared for daily reconciling activities. With the completion of the budget the department's focus has switched to closing of FY14 and completion of the City's Comprehensive Annual Financial Report. This process includes closing of the FY14 financial records, fiscal year end grant reporting and finally financial statement preparation. The annual audit is scheduled for the week of September 29th. [PAGE LEFT BLANK INTENTIONALLY] Page 138 of 139 ° 0 0 .,3 N O ° O O Lo O ° O O ° W V t M M v LLI m ai v ci v ui m o v Cn U w Z w co m W J w J ¢ w d W w> N U Cl) U z U W � Q❑ a Z w a a a 0 a a W Z Z LU Z U) O O 55 _Z ¢ a7 C7 C7 z m Z = z z z J M !- C/1 f- a5 Cn w 'Z Z O Z O U' (`J 2. f ¢ Z U a O W Z a w w= cr Ix LL �-- ¢¢ w Q¢ tr z J on O Q O a O O 2 0 0 a O� as 0 CL 0 0 0 w w o< d m m m m x d co Uj w } } ¢¢o z z o w w cr W W ¢ J w =_ ~ U LL co ¢ m U O O H U W w w¢ X ix i x U a a (D d z p o i M }} w> U D rY H F w a m p O O UO LL Ir O LL LL O w m Ir w W< U a0 cr z ¢ z O a =, _, J a J ¢ 0 U 3 0 U Z w 0 o (1) o° w (� O w ¢ o W _? 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LL LL LLO W W W W W o 0 0} p Z Q 3 N m m LL m Q m W C7 } m ILL z U W Z W W (`J w LU U Cr O U ¢ j w it W CD O a v1 w � a O w Z J CO O W w w~ m F M W O Co w v C0 U- y O z m a a= O ¢n O W co O = � w Q a w }¢ ¢ _z _J x a w w a w Y¢ z Fw _� U z 0❑ ¢z C%j :D O Z U J W LL m U Z❑ Z m m 2¢ X Q z o w z m m¢¢ m m m J } Er O O z O w¢ z❑ U w v w W >w- O CCY _3 w 2 z a > CCD z ZZOZCI) d U =O F- U C7 ❑ W W O< w U m} z¢ J J Z K NO w -❑ J N a m Y¢ g c� O U o a Q O m a (7 g W g a w Page 139 of 139 ¢ �' a ? ¢ � ¢ co C) w NOTICE OF PUBLIC HEARING JULY 16, 2014 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. I. Ordinance No. 2780 -2014 — Amending KMC 12.40.010- Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. 2. Ordinance No. 2781 -2014 — Amending KMC 1.85.050 - Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information. 3. Resolution No. 2014 -50 — Directing the Continuation of the Project Entitled "VIP Drive Special Assessment District" and Designating what Improvements are to be Included in this Project. 4. Resolution No. 2014 -51 — Establishing a Kenai Business Improvement Program. 5. Resolution No. 2014 -52 — Prescribing the Officials Bond Amount for the City Administrator and Finance Director Pursuant to Section 4.3 of the Kenai Municipal Charter. 6. Resolution No. 2014 -53 — Awarding a Professional Services Agreement in the Amount of $112,178 to Nelson Engineering, P.C., for Design and Construction Administration for the Construction of South Beach Access Road. 7. Resolution No. 2014 -54 — Authorizing the Use of the Equipment Replacement Fund to Purchase an Attachment for the New Volvo L110 Loader and Authorizing an Increase in the Loader's Purchase Contract for the Purchase of the Attachment. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by th u 'ri r o adtion without further public notice. San a d J typC Poste . ly 11, 2014 Cilerk COUNCIL PACKET DISTRIBUTION MAKE 13 PACKETS Council Meeting Date: July 16, 2014 ELECTRONIC COPY NOTICE Send out notice to Council and All with link to the Agenda & Council Packet DELI Council packets to Police Department Dispatch Desk. Mellish & Schmidt pick up their packets in the Clerk's Office. Sandra From: tbooke Sent: y Cgmail.com on behalf of Terrance Bookey <terry@bookeyforkenai.com> Tuesday, July 15, 2014 9:53 AM Su Sandra Modigh Subject: July 16 Council Sandra - please let this serve as my notice I will be attending the July 16 Council meeting telephonically. Thanks, Terry