HomeMy WebLinkAbout2014-09-17 Council PacketACTION AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
SEPTEMBER 17, 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. Special Order of Business — Oath of Office for Student Representative Allison
Ostrander.
4. Agenda Approval
5. Consent Agenda (Public comment limited to three (3) minutes per speaker,
thirty (30) minutes aggregated)
*All items listed with an asterisk ( *) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council member so requests,
in which case the item will be removed from the consent agenda and
considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
1. $18,479.86 CHECK PRESENTED. Kenai Senior Connection, Inc. —
Presenting a Check to the City of Kenai from a Meals on Wheels Fundraiser.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
POSTPONED INDEFINITELY. 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. [Clerk's Note: At its August 6' meeting,
Council postponed this ordinance to the September 17'^ meeting. Motion to
enact is on the floor.]
2. POSTPONED INDEFINITELY. 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. [Clerk's Note: At its August Ern
meeting, Council postponed this ordinance to the September 17'h meeting.
Motion to enact is on the floor.]
3. ENACTED UNANIMOUSLY. Ordinance No. 2793-2014— Reappropriating
State Grant Funds in the Municipal Roadway Improvements Capital Project
Fund to the Senior Center Improvement Capital Project Fund.
4. ENACTED UNANIMOUSLY. Ordinance No. 2794 -2014 —Accepting and
Appropriations Federal /State Emergency Management Grants for the
Recovery from the 2013 October Kenai Peninsula Borough Flood.
E. MINUTES
APPROVED BY CONSENT AGENDA. *Regular Meeting of August 20, 2014
APPROVED BY CONSENT AGENDA. *Regular Meeting of September 3,
2014
E. UNFINISHED BUSINESS — None
F. NEW BUSINESS
1. APPROVED BY CONSENT AGENDA. *Action /Approval — Bills to be
Ratified
2. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON 1011.
*Ordinance No. 2795 -2014 — Increasing General Fund Estimated Revenues
and Appropriations for Unbudgeted Costs Related to the Acquisition of
Property Retained for a Public Purpose.
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET ON 10/1.
*Ordinance No. 2796 -2014 — Increasing Estimated Revenues and
Appropriations by $1,000 in the General Fund, Safety Department for
Purchase of Employee Safety Items.
4. APPROVED BY CONSENT AGENDA. *Action /Approval — Approving the
Facility Management Agreement for Ice Rink Services at the Conoco
Phillips /City of Kenai Multipurpose Facility.
5. APPROVED UNANIMOUSLY. Action /Approval — Purchase Orders
Exceeding $15,000
6. APPROVED UNANIMOUSLY. Action /Approval — Travel to Juneau for
Council Member Gabriel to Accompany the City Manager for the Purpose of
Petitioning the Board of Fish to Conduct its 2017 Meeting on the Kenai
Peninsula.
7. APPROVED UNANIMOUSLY. Action /Approval — Appointment and
Confirmation of James G. Glendening to the Harbor Commission.
Kenai City Council Meeting Page 2 of 3
September 17, 2014
8. APPROVED BY CONSENT AGENDA. *Action /Approval — Appointment of
2014 Precinct Election Boards.
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
M. PENDING ITEMS
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
www.ci.kenai.ak.us. Copies ofresolutions 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 3 of 3
September 17, 2074
SEPTEMBER 17, 2014
CITY COUNCIL MEETING
REQUESTED ADDITIONS TO THE AGENDA:
ADD REQUESTED BY:
A.3 Special Order of Business
• Oath of Office for Student Representative
Allison Ostrander Mayor Porter
E.2 To: Minutes (consent agenda)
• *Regular Meeting Minutes of August 20, 2014 City Clerk
F.7 To: New Business
o Appointment and Confirmation of
James G. Glendening to the Harbor Commission Mayor Porter
F.8 To: New Business (consent agenda)
o Appointment of 2014 Precinct Election Boards City Clerk
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KENAI CITY COUNCIL — REGULAR MEETING
AUGUST 20, 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 August 20, 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
Mike Boyle
A quorum was present.
Also in attendance were
Rich Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
3. Agenda Approval
Ryan Marquis
Terry Bookey (telephonic)
Tim Navarre
Mayor Porter requested executive session item L -2, regarding retention of properties for
a public purpose be addressed as D -8 and that G -7, approval of a sublease between the
Peninsula Art Guild and the Kenai Potters Guild be addressed as D -1.
MOTION:
Council Member Molloy MOVED to approve the agenda with the requested amendments
proposed by the Mayor and requested UNANIMOUS CONSENT. Vice Mayor Marquis
SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Molloy MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Gabriel 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
Fred Braun, spoke in opposition to the City not purchasing vehicles from local vendors
and requested the current purchase policy be reviewed.
D. PUBLIC HEARINGS
1. Action /Approval - Consent to Sublease between Peninsula Art Guild, Inc.
and the Kenai Potters Guild for a Portion of Lot 3, Block 17, Original Townsite
of Kenai and the Building known as the Fine Arts Center.
Mayor Porter ruled a conflict of interest for Council Member Molloy due to his firm
representing the Art Guild on the transaction. Council Member Molloy was to abstain
from voting.
MOTION:
Vice Mayor Marquis MOVED to approve the sublease and Council Member Gabriel
SECONDED the motion.
VOTE:
YAY: Porter, Navarre, Marquis, Bookey, Gabriel, Boyle
NAY:
ABSTAIN: Molloy
MOTION PASSED.
2. 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 20th meeting, Council
City of Kenai Council Meeting Page 2 of 13
August 20, 2014
postponed this ordinance to the August 20'h meeting. Motion to enact is on
the floor.]
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
Council discussed the committees /commissions being advisory to Council versus the
City Manager and an option to being advisory to both including department heads. A
work session was discussed to further review the proposed amendments and draft work
product provided by the City Manager, Attorney, and Clerk.
MOTION TO AMEND:
Council Member Molloy MOVED to amend 1.90.020 (a), second sentence to read as
follows, "They shall act in an advisory capacity to Council, the City Manager, and
department heads within the City Administration if there are such departments in the City
organization that directly relate to the commission or committee." Vice Mayor Marquis
SECONDED the motion.
VOTE:
YAY: Molloy, Marquis, Gabriel
NAY: Porter, Navarre, Bookey, Boyle
MOTION FAILED.
MOTION TO POSTPONE:
Council Member Bookey MOVED to postpone the ordinance to the September 1711
meeting to schedule a work session. Vice Mayor Marquis SECONDED the motion.
VOTE:
YAY: Molloy, Marquis, Porter, Bookey
NAY: Navarre, Gabriel, Boyle
MOTION PASSED.
MOTION TO RECONSIDER:
Council Member Molloy MOVED to reconsider the vote to postpone. Council Member
Gabriel SECONDED the motion.
VOTE:
YAY: Molloy, Porter, Navarre, Gabriel, Boyle
NAY: Marquis, Bookey
MOTION PASSED.
City of Kenai Council Meeting Page 3 of 13
August 20, 2014
VOTE ON POSTPONEMENT:
YAY: Marquis, Bookey
NAY: Molloy, Porter, Navarre, Gabriel, Boyle
MOTION FAILED.
VOTE ON MAIN MOTION:
YAY: Marquis, Bookey, Molloy, Boyle
NAY: Porter, Navarre, Gabriel
MOTION PASSED.
3. 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. Motion to enact is on the floor.]
Council Member Bookey noted for the record, the amendments including the term
"sexual orientation" in certain sections was not reflected in the packet.
MOTION TO AMEND:
Council Member Bookey MOVED to amend 23.40.020 (c) by inserting the words, 7(k)
Work Period ", after the word, "Fire "; amend 23.40.030 (B)(2) to read as follows: Fire
(7(k) Work Period); amend 23.40.030(e) by inserting the words "a 7(k) Work Period." at
the end of the last sentence; and amend 23.40.030(g) by inserting the words "a 7(k)
Work Period." at the end of the last sentence. Council Member Molloy SECONDED the
motion.
VOTE ON AMENDMENT:
YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN AS AMENDED:
YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
City of Kenai Council Meeting Page 4 of 13
August 20, 2014
4. Ordinance No. 2786 -2014 — Enacting KMC 23.40.035 - Bona Fide
Employer- Sponsored Medical Leave Sharing Arrangement.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION:
Council Member Boyle MOVED to enact Ordinance No. 2786 -2014 and Council Member
Molloy SECONDED the motion.
MOTION TO AMEND:
Council Member Gabriel MOVED to amend 23.40.035 (a)(2) to reflect a minimum of 80
hour versus 40 hours. Council Member Navarre SECONDED the motion.
VOTE ON AMENDMENT:
YAY: Marquis, Bookey, Molloy, Boyle
NAY: Porter, Navarre, Gabriel
MOTION FAILED.
Council debated donated leave time equaling an hour for hour or each hour having a
monetary value.
VOTE ON MAIN MOTION:
YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
5. Ordinance No. 2787 -2014 — Repealing KMC 7.15.110 - Offset Against
Delinquent Taxes, and Re- Enacting the Code Section as KMC 7.15.110 -Tax
Compliance, to Require Individuals and Businesses Contracting with the City
to be in Compliance with City Tax Ordinances.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2787 -2014 and Vice Mayor
Marquis SECONDED the motion.
It was clarified that bidders would not be rejected if they were not tax compliance,
however would be provided 10 days for compliance.
VOTE:
City of Kenai Council Meeting Page 5 of 13
August 20, 2014
YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
6. Ordinance No. 2788 -2014 — Increasing Estimated Revenues and
Appropriations in the Airport and Airport Equipment Capital Project Funds for
the Purchase of Snow Removal Equipment (SRE) — Plow Truck with
Attachments.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2788 -2014 and Vice Mayor
Marquis SECONDED the motion.
VOTE:
YAY: Marquis, Bookey, Molloy, Boyle, Porter, Navarre, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
Ordinance No. 2789 -2014 — Amending Kenai Municipal Code Section
11.05.050, "Condition as to Equal Services and Rates," to Require that the
City Provide Residents of the City of Kenai with Free Services at the City -
Owned Boat Launch and Parking Facility.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION:
Council Member Boyle MOVED to enact Ordinance No. 2789 -2014 and Council Member
Molloy SECONDED the motion.
Council agreed with the idea of the ordinance, however members had concerns
regarding the legality of the ordinance based on legal opinions of the current and former
City Attorney's.
City Attorney Bloom advised the current funding structure was of concern and offered
additional options, a low cost seasonal pass, or free use of the dock facility to all users
after the dip net season. It was also noted that this could be incorporated into the City's
fee schedule.
MOTION TO POSTPONE:
City of Kenai Council Meeting Page 6 of 13
August 20, 2014
Council Member Boyle MOVED to postpone the ordinance to the September 3b
meeting. Council Member Molloy SECONDED the motion.
VOTE:
YAY: Molloy, Bookey, Gabriel, Boyle
NAY: Porter, Navarre, Marquis
MOTION PASSED.
8. Resolution No. 2014 -56 — Authorizing the Purchase of Airport Snow
Removal Equipment for the Total Amount of $543,706 Utilizing the National
Joint Powers Alliance Purchasing Program.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -56 and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
9. Resolution No. 2014 -57 — Designating the State of Alaska, Department of
Environmental Conservation (ADEC) Grant Funds for the Project Entitled
Wastewater Treatment Plant Upgrades -Phase II as the Number One Local
State Funding Priority for Fiscal Year 2016.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2014 -57 and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
10. Executive Session — Consultation with Attorney and City Manager to
Discuss the Retention of Properties 600, 602, 604, 606 and 608 Peninsula
Avenue, Kenai, Alaska, by the City of Kenai for a Public Purpose, Matters
which by Law, Municipal Charter, or Ordinance are Required to be
Confidential — Attorney Client Privilege [AS 44.62.310 (c)(3)].
MOTION:
Vice Mayor Marquis MOVED to enter into executive session for Consultation with
Attorney and City Manager to Discuss the Retention of Properties 600, 602, 604, 606
and 608 Peninsula Avenue, Kenai, Alaska, by the City of Kenai for a Public Purpose,
City of Kenai Council Meeting Page 7 of 13
August 20, 2014
Matters which by Law, Municipal Charter, or Ordinance are Required to be Confidential
— Attorney Client Privilege [AS 44.62.310 (c)(3)] and requested the attendance of the
City Attorney, City Manager, and the City Clerk. Council Member Boyle SECONDED the
motion.
VOTE:
YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel
NAY: Marquis
MOTION PASSED.
Upon reconventioning in open session, Vice Mayor Marquis advised the Council met in
executive session and consulted with the City Attorney and City Manager on retention of
Properties 600, 602, 604, 606 and 608 Peninsula Avenue, not action was taken or
direction provided.
10. Resolution No. 2014 -58 — Authorizing a Budget Transfer within the General
Fund for the Payment of Back Property Taxes to the Kenai Peninsula
Borough on Land to be Retained for a Public Purpose.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2014 -58 and Council Member
Gabriel SECONDED the motion.
VOTE:
YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel
NAY: Marquis
MOTION PASSED.
11. Resolution No. 2014 -59 — Declaring Equipment, Supplies, and Materials
Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code
7.15.060 and 7.15.070.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -59 and requested
UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
City of Kenai Council Meeting Page 8 of 13
August 20, 2014
1. `Regular Meeting of August 6, 2014
Minutes were approved by the consent agenda.
F. UNFINISHED BUSINESS
1. Reconsideration of 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. [Cleric's Note: At its August Ern
meeting, this ordinance failed and notice for reconsideration was given.]
MOTION:
Council Member Bookey MOVED to reconsider the vote on Ordinance 2780 -2014 at the
August 6th meeting and Council Member Navarre SECONDED the motion.
VOTE:
YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel
NAY: Marquis
MOTION PASSED.
Mayor Porter passed the gavel to Vice Mayor Marquis.
MOTION TO AMEND:
Mayor Porter MOVED to amend by removing the 8th whereas, "Whereas, Alaskan voters
will have the opportunity to vote on the Ballot Measure 2 on November 2, 2014, An Act
to Tax and Regulate the Production, Sale and Use of Marijuana, which may increase the
use of marijuana in public; and," in its entirety. Council Member Navarre SECONDED
the motion.
VOTE:
YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel, Marquis
NAY:
MOTION PASSED UNANIMOUSLY.
Mayor Porter resumed as presiding officer.
MOTION TO AMEND:
Council Member Molloy MOVED to amend 12.40.010, definition of "smoking" by
inserting the words, "inhaling or exhaling of after the words "of a tobacco or ". Council
Member Boyle SECONDED the motion.
VOTE:
City of Kenai Council Meeting Page 9 of 13
August 20, 2014
YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel, Marquis
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Council Member Molloy MOVED to amend 12.40.010, definition of "smoking" by
inserting the words, 'that is intended to be inhaled" after the words "or other combustible
substance ". Council Member Bookey SECONDED the motion and requested
UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
VOTE ON MAIN AS AMENDED:
YAY: Bookey, Molloy, Boyle, Porter, Navarre, Gabriel
NAY: Marquis
MOTION PASSED.
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.
3. *Ordinance No. 2790 -2014 — Waiving Certain Lease Provisions Imposed by
Kenai Municipal Code Chapter 21.10- Leasing of Airport Reserve Lands, and
Approving a Non - Standard Lease Form for the Lease of Lot 2, Block 1,
General Aviation Apron, Located within the Airport Reserve, to Legacy
Electric.
Introduced by the consent agenda and public hearing set for September 17tH
4. *Ordinance No. 2791 -2014 — Declaring that T 5N R 11W Sec 5 Seward
Meridian KN 0003025 East Addn Townsite of Kenai — US Survey 3025 A & B
Lots 12, 13, 14, 15 and 16, Block 3, Kenai, Alaska, also Known as 600, 602,
604, 606 and 608 Peninsula Avenue, Kenai, Alaska, whose Last Record
Owner Under Borough Assessment Records was the First Baptist Church,
5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be
Retained by the City of Kenai for a Public Purpose.
Introduced by the consent agenda and public hearing set for September 171h
City of Kenai Council Meeting Page 10 of 13
August 20, 2014
5. *Ordinance No. 2792 -2014 — Accepting and Appropriating a Grant from
State of Alaska Division of Health and Social Services EMS Division Passed
Through Kenai Peninsula Emergency Medical Services, Inc. for Travel and
Training.
Introduced by the consent agenda and public hearing set for September 17th.
6. Action /Discussion — Schedule Work Session to Discuss Ordinance No.
2782 -2014 & Ordinance No. 2783 -2014 Amending the Land Use Table and a
Policy on Gifting.
Council concurred to wait until a new City Planner was hired to schedule a work session.
7. Discussion — Improvements to Upstairs City Hall.
Council concurred to have the improvements addressed as an upcoming project.
Council Member Bookey exited the meeting at 9:56 p.m.
H. COMMISSION /COMMITTEE REPORTS
1.
Council on Aging — August meeting was cancelled.
2.
Airport Commission — Council Member Gabriel reviewed the action taken at
the August meeting.
3.
Harbor Commission — August meeting was cancelled.
4.
Library Commission — No report.
5.
Parks and Recreation Commission — No quorum at the last meeting.
6.
Planning and Zoning Commission — Council Member Navarre reviewed the
meeting minutes in the packet.
7.
Beautification Committee — No report.
8.
Mini -Grant Steering Committee — No report.
I. REPORT OF THE MAYOR
Mayor
Porter reported on the following:
• 501h Anniversary for Peninsula
• 4th Avenue Park improvements
• Jack Blackwell regarding a resolution prohibiting access wetlands
J. ADMINISTRATION REPORTS
1.
City Manager reported on the following:
City of Kenai Council Meeting
August 20, 2014
Page 11 of 13
• Capital Projects deadline -- September 5th
• Work session 9/29 -10/7 on Capital Projects
Council concurred to schedule a work session on October 6t" at 6 p.m. to discuss Capital
Projects.
• Peninsula supported resolution to the Board of Fish requesting their next
meeting be held on the peninsula
Mayor Porter commended the Finance Department staff as pointed out in the Directors
report for their hard work and dedication during the City's health care transition.
Mayor Porter requested the Director of the Senior Center, in monthly reports, split out
the meal counts.
2. City Attorney — no report.
3. City Clerk advised of the recruitment for a part-time administrative assistant
11.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
— None
2. Council Comments
Council Member Gabriel thanked all staff for their work on the dip net fishery.
Council Member Navarre invited all to attend Industry Appreciation Day on
August 23rd
Vice Mayor Marquis congratulated the Senior Center Director for her grants and
Council Member Molloy for legalizing birthday candles.
Council Member Boyle reported on his recent trip to Nome attending the AML
Summer Legislative meeting and he agreed with Council Member Bookey's
previous comments on the location on the airport mural.
L. EXECUTIVE SESSION
1. Consultation with Attorney and City Manager to Discuss an Offer To
Purchase Lot 2, Block 1, Gusty Subdivision, a Matter which the Immediate
Knowledge would Clearly have an Adverse Effect Upon the Finances of the
City [AS 44.62.310(c)(1)].
MOTION:
Council Member Molloy MOVED to enter into executive session for Consultation with
Attorney and City Manager to Discuss an Offer To Purchase Lot 2, Block 1, Gusty
Subdivision, a Matter which the Immediate Knowledge would Clearly have an Adverse
City of Kenai Council Meeting Page 12 of 13
August 20, 2014
Effect Upon the Finances of the City [AS 44.62.310(c)(1)j and requested the attendance
of the City Attorney, City Manager, and the City Clerk. Vice Mayor Marquis SECONDED
the motion.
VOTE:
YAY: Marquis, Molloy, Boyle, Porter, Navarre, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
Upon reconvening in open session, Vice Mayor Marquis advised Council me in
executive session to consult with the City Manager and Attorney on an offer to purchase
property and provided direction to the Administration.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at
9:58p.m.
Minutes prepared and submitted by:
Sandra Modigh,
City Clerk
City of Kenai Council Meeting Page 13 of 13
August20,2014
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CITY OF KENAI
"Village with a past — City with a future."
BACKGROUND AND PERSONAL DATA -
CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS
RETURN TO:
theaof KENAI CITY CLERK
210 FIDALGO AVENUE
KENAI, ALASKA KENAI, AK 99611
PHONE: 283 -7535, EXT. 8231
FAX: 283 -5068
DATE: 3— 6 —/
NAME:
RESIDENT OF THE CITY OF KENAI? aY /J HOW LONG? . 2 do
RESIDENCE ADDRESS 6 9 y
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cation may we inclu e?
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CURRENT MEMBERSHIP IN ORGANIZATIONS: /t/GN4! �/ /gyp Lao%j ? yes
PAST ORGANIZATIONAL MEMBERSHIPS:
pL
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OR COMMISSIONS IN WHICH YOU ARE INTERESTED: f�y�2oN-
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
COMMISSION OR COMMITTEE MEMBERSHIP?
GO/ /Ht/
Signature
U
9
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LWA
MEMORANDUM
"V lfaye with a Past, Gc�Y with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 / FAX: (907) 283 -3014
www.ci.kenai.ak.us
TO: Mayor and Council Members
FROM: Sandra Modigh, City Clem
DATE: September 17, 2014
RE: OCTOBER 7, 2014 REGULAR CITY ELECTION
Appointment of Precinct Election Boards
The individuals listed below have agreed to work on the Election Board for Kenai Precincts 1, 2,
and 3. Pursuant to KMC 6.05.040, all the persons listed are qualified voters of the City. KMC
6.05.040 requires City Council appoint the members of the election boards.
Kenai No. 1, 30 -210
Kenai No. 2, 30 -230
Kenai No. 3, 30 -240
Carol Freas
Lucy Barton
Karen Dorcas
Kit Hill
Janice Daniels
Sharon Efta
Rita Smagge
Deborah A. Fullinck
Shelia Phillips
Virginia Walters
Betty Glick
Susan Smalley
Marilyn Wheeless
Carl Glick
I Paula Standefer
Appointment of the Election Precinct Boards as outlined above is requested.
AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
SEPTEMBER 17, 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)
Kenai Senior Connection, Inc. — Presenting a Check to the City of Kenai from
a Meals on Wheels Fundraiser.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. 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.
[Clerk's Note: At its August 6th meeting, Council postponed this ordinance to
the September 17`^ meeting. Motion to enact is on the floor.] ................... Pg. 5
2. 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. [Clerk's Note: At its August a meeting, Council postponed
this ordinance to the September 17`h meeting. Motion to enact is on the
floor.] ...................................................................... ............................... Pg. 25
Ordinance No. 2793 -2014 — Reappropriating State Grant Funds in the
Municipal Roadway Improvements Capital Project Fund to the Senior Center
Improvement Capital Project Fund ......................... ............................... Pg. 41
4. Ordinance No. 2794 -2014 — Accepting and Appropriations Federal /State
Emergency Management Grants for the Recovery from the 2013 October
Kenai Peninsula Borough Flood ................................. ............................Pg. 45
E. MINUTES
1. *Regular Meeting of September 3, 2014 .................... ............................... Pg. 49
E. UNFINISHED BUSINESS — None
F. NEW BUSINESS
1. *Action /Approval — Bills to be Ratified .................. ............................... Pg. 59
2. *Ordinance No. 2795 -2014 — Increasing General Fund Estimated Revenues
and Appropriations for Unbudgeted Costs Related to the Acquisition of
Property Retained for a Public Purpose .................. ............................... Pg. 61
3. *Ordinance No. 2796 -2014 — Increasing Estimated Revenues and
Appropriations by $1,000 in the General Fund, Safety Department for
Purchase of Employee Safety Items .......................... ............................Pg. 65
4. *Action /Approval — Approving the Facility Management Agreement for Ice
Rink Services at the Conoco Phillips /City of Kenai Multipurpose Facility. ...Pg.
67
5. Action /Approval — Purchase Orders Exceeding $15,000 ..................... Pg. 83
6. Action /Approval — Travel to Juneau for Council Member Gabriel to
Accompany the City Manager for the Purpose of Petitioning the Board of Fish
to Conduct its 2017 Meeting on the Kenai Peninsula.
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
I. REPORT OF THE MAYOR
Kenai City Council Meeting Page 2 of 3
September 17, 2014
ADMINISTRATION REPORTS
I. City Manager ............ ............................................................................. Pg. 87
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
INFORMATION ITEMS
I. Purchase Orders between $2,500 and $15,000 for Council Review............ Pg. 99
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.
.enai City Council Meeting Page 3 of 3
September 17, 2014
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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 14.22.010 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.
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Ordinance No. 2782 -2014
Page 2 of 12
(b)
(c)
(1) The Group Care Facility shall conform to the underlying zone district's
Use Table and Development Requirements.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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.
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Ordinance No. 2782 -2014
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"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.
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Ordinance No. 2782 -2014
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iLeiLau!:! 0.11Vai.
"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.
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Ordinance No. 2782 -2014
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"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.
arrangements.
w nanuicappeP persons. cievetovmentallv disabled Persons non dangerous mentally
ill Persons, and children.
"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, specked 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
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Ordinance No. 2782 -2014
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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.
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Ordinance No. 2782 -2014
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"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.
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ordinance No. 2782 -2014
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"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 comer 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
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Ordinance No. 2782 -2014
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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
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Ordinance No. 2782 -2014
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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
Page 14 of 99
Ordinance No. 2782 -2014
Page 11 of 12
to prepare them for finding and obtaining permanent housing.
"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
PUBLIC /INSTITUTIONAL
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
PC
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 15 of 99
Ordinance No. 2782 -2014
Page 12 of 12
PUBLIC /INSTITUTIONAL
C
RR
RRl
R3
I RS
1
RS
2
RU
CC
CG
II,
IH
ED
R
TS
H
L
C
1CM
U
[ASSISTED LIVING]
[C]
[C]
[C]
[C]
[C]
[C]
[C]
I [CJ
I [C]
I [C]
I [C]
I [C]
I [C]
[C]
[C
[C]
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 16 of 99
"VI'llaye with a Past, Ci� with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tllllt
1992
N/
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 17 of 99
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 18 of 99
f ��\
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ14 -08
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
14.22.010 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 COM
ALASKA, this 28TH day of May, 2014.
ATTE
Sandi a o i h, CITO CLERK
Page 19 of 99
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 20 of 99
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 21 of 99
ATTACHMENT C
KMC 14.20.010 LAND USE TABLE
PUBLIC /INSTITUTIONAL
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:
PUBLIVINSTITUTIONAL
C
RR
RR7
RS
RS1
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
[ASSISTED LIVING]
[C)
[C]
[C]
[C]
[Cl
[C)
[C]
[C]
[C)
(C)
[C]
[C]
[C]
[C)
[C]
[C]
Page 22 of 99
11Vlfaye with a Past, C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 IIIIII
1992
MEMO:
TO: City Council
)�h FROM: Rick Koch, City Manager
!V DATE: September 11, 2014
SUBJECT: Ordinance No. 2782 -2014 Group Care Facilities & Ordinance No.
2783 -2014 Emergency Shelters
The purpose of this correspondence is to recommend that Council postpone the above
referenced ordinances indefinitely.
Council has suggested, and Administration agrees that a joint work session(s) with the
Planning & Zoning Commission is appropriate prior to Council consideration of these
ordinances.
Administration suggests that the Council schedule a joint work session in the November
to January time - frame. Administration could re- introduce these ordinances following the
work session(s).
Thank you for your attention in this matter. If you have any questions, please contact
me at your convenience.
Page 23 of 99
[PAGE LEFT BLANK INTENTIONALLY]
Page 24 of 99
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) 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 subiect to operational plans
and standards that will mitigate any potential negative impacts to neighboring
residential and commercial areas.
New Text Underlined; DELETED TEXT BRACKETED]
Page 25 of 99
Ordinance No. 2783 -2014
Page 2 of 12
(b) In addition to the c
(3) In all zone districts the maximum lot coverage for all buildings shall not
exceed 30% of the lot area.
(4)
(5)
(6)
(7)
facilities as Emergency Shelters.
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.
"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 Text Underlined; [DELETED TEXT BRACKETED]
Page 26 of 99
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 27 of 99
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 28 of 99
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 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
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 Text Underlined; )DELETED TEXT BRACKETED)
Page 29 of 99
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.
"Emereencv 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 30 of 99
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.
[DELETED TEXT BRACKETED]
Page 31 of 99
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 - comer 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
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Page 32 of 99
Ordinance No. 2783 -2014
Page 9 of 12
Code, is transported to the site and then assembled and placed on a permanent
i�
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; ]DELETED TEXT BRACKETED]
Page 33 of 99
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; IDELETFD TEXT BRACKETED
Page 34 of 99
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; ]DELETED TEXT BRACKETED]
Page 35 of 99
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 14.22.010 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
PUBLIC /INSTITUTIONAL
C
RR
RRl
RS
RSl
RS2
RU
CC
CG
IL
IH
ED
R
TSH
LC
CMU
Emergency Shelter
N
C
C
N
N
N
N
C
C
C
C
C
C
C
C
C
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 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 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; tDELETED TEXT BRACKETED
Page 36 of 99
M
11V �lage with a Past C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tllllt
1991
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 37 of 99
CITY OF KENAI
—' PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ14 -10
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 14.22.010 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 14.22.0 10 as shown in Attachment "A ".
PASSED BY THE PLANNING AND ZONING COMMISSION
ALASKA, this 28TH day of May 2014.
ATTE ' .
IL
Sand 'a 1 odi , CIT) CLERK
Page 38 of 99
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
PUBLIC /INSTITUTIONAL
C
RR
RR1
RS
RS1
RS2
RU
C CG
IL
IH
ED
R
TSH LC CMU
Emergency Shelter
N
C
C
N
N
N
N
C
C
C
C
C C C
KMC 14.20.320 Specific Definitions.
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 39 of 99
" "Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tl II �If
1992
MEMO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: September 11, 2014
SUBJECT: Ordinance No. 2782 -2014 Group Care Facilities & Ordinance No.
2783 -2014 Emergency Shelters
The purpose of this correspondence is to recommend that Council postpone the above
referenced ordinances indefinitely.
Council has suggested, and Administration agrees that a joint work session(s) with the
Planning & Zoning Commission is appropriate prior to Council consideration of these
ordinances.
Administration suggests that the Council schedule a joint work session in the November
to January time - frame. Administration could re- introduce these ordinances following the
work session(s).
Thank you for your attention in this matter. If you have any questions, please contact
me at your convenience.
Page 40 of 99
Suggested by: Administration
CITY OF KENAI
NO. 2793 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
REAPPROPRIATING STATE GRANT FUNDS IN THE MUNICIPAL ROADWAY
IMPROVEMENTS CAPITAL PROJECT FUND TO THE SENIOR CENTER IMPROVEMENT
CAPITAL PROJECT FUND.
WHEREAS, SB160 granted the City $4,000,000 for Citywide road and infrastructure
improvements; and,
WHEREAS, SB160 was signed by Governor Parnell on May 14, 2012 and became
effective July 1, 2012; and,
WHEREAS, these grant funds were originally appropriated by Ordinance 2646 -2012 to
projects identified during the August 1, 2012 work session; and,
WHEREAS, the acquisition of a new trackless snow blower was accomplished under
budget allowing excess funds to be redirected to other projects; and,
WHEREAS, and $2,302 is needed to complete the boiler replacement and heated
sidewalk project at the Kenai Senior Center.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1: Form: That this is a non -code ordinance.
Section 2: That estimated revenues and appropriations be decreased as follows:
Municipal Roadway Improvements Fund
Decrease Estimated Revenues:
State Grants $2 302.00
Decrease Appropriations:
Construction
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Page 41 of 99
Ordinance No. 2793 -2014
Page 2 of 2
Section 3: That estimated revenues and appropriations be increased as follows:
Senior Center Improvements Capital Project Fund
Increase Estimated Revenues: $2 02.00
State Grants
Increase Appropriations: $2 0
Construction
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
September 2014.
ATTEST:
Sandra Modigh, City Clerk
pe
Approved by Finance:
PAT PORTER, MAYOR
Introduced: September 3, 2014
Adopted: September 17, 2014
Effective: September 17, 2014
New Text Underlined; DELETED TEXT BRACKETED)
Page 42 of 99
/ "Village with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
d "r Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 tllll'
199]
�� Me C' '0f '// MEMORANDUM
KENAI, ALASKA
TO: Rick Koch, City Manager
FROM: Sean Wedemeyer, Public Works Director
DATE: August 27, 2014
SUBJECT: Ordinance 2793 -2014 funding the Senior Center Boiler
Replacement and Heated Sidewalk Project to complete work in
Change Order One
Rick,
The purpose of this memo is to recommend passage of the accompanying Ordinance.
This ordinance will provide supplemental funding to the Senior Center Boiler
Replacement and Heated Sidewalk Project to complete work to be authorized by
Change Order One.
Ordinance 2752 -2014 appropriated funds to award all of the work in the bid package and
a very small contingency. That contingency amounted to approximately 1 percent of the
overall project expenses. The average construction project contingency is between 7
and 12 percent, depending on the size and type of project. This additional funding will
result in a final expended project contingency of approximately 2.1 percent.
Change Order 1 will be included in the September 17`h council packet and is contingent
on passage of this Ordinance. The change order includes improvements to the concrete
ramp with snowmelt at the senior center dining room emergency exit and electrical
design oversights by the engineers. 20% of the electrical oversight expenses have been
recouped from the engineering firm.
Thank you for your attention to this matter.
[PAGE LEFT BLANK INTENTIONALLY]
Page 44 of 99
MA
Suggested by: Administration
CITY OF KENAI
NO. 2794 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
AND APPROPRIATIONS FEDERAL /STATE EMERGENCY MANAGEMENT GRANTS FOR
THE RECOVERY FROM THE 2013 OCTOBER KENAI PENINSULA BOROUGH FLOOD.
WHEREAS, flooding occurred within the City of Kenai during the 2013 October Kenai
Peninsula Borough Floods; and,
WHEREAS, the City of Kenai will perform permanent repairs to South Spruce Street
due to a culvert wash -out during the event; and,
WHEREAS, the event has been declared a national disaster making Federal and State
Emergency Management Funds to reimburse the City for its efforts; and,
WHEREAS, the City's response to protect and repair the infrastructure is in the best
interest of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1: Form: That this is a non -code ordinance.
Section 2: That the City Manager is authorized to accept the grants in the amount of
$36,806.73 and to expend the funds to fulfill the purpose and intent of the grants and
this ordinance.
Section 3: That estimated revenues and appropriations be increased as follows:
Municipal Roadway Improvements Capital Project Fund
Increase Estimated Revenues:
Federal Grants 27,605.04
State Grants 9.201.69
$36.806.73
Increase Appropriations:
Construction $36.806.73
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Page 45 of 99
Ordinance No. 2794 -2014
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
September, 2014.
ATTEST:
Sandra Modigh, City Clerki
Approved by Finance: - -��
PAT PORTER, MAYOR
Introduced: September 3, 2014
Adopted: September 17, 2014
Effective: September 17, 2014
New Text Underlined; DELETED TEXT BRACKETED]
Page 46 of 99
j"Vllaye with a Past, Ci� with a Future"
r y, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 l�
Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 1III1. P
7991
K NAI,A LASKAA MEMORANDUM
NO: Rick Koch, City Manager
FROM: Sean Wedemeyer, Public Works Director 1,1V
DATE: August 27, 2014
SUBJECT: Ordinance 2794 -2014 accepting and appropriating federal /state
emergency management grants for the response and recovery
from the 2013 October Kenai Peninsula Borough flood
Rick,
Flooding occurred within the City of Kenai during the 2013 October Kenai Peninsula
Borough Floods. The City of Kenai expended funds during response to the flooding and
will perform permanent repairs to infrastructure damaged during the event. The event
has been declared a national disaster making Federal and State Emergency
Management Funds to reimburse the City for its efforts.
I have been coordinating with State and Federal personnel to ensure the emergency
response and repairs, design of permanent repair, construction, mitigation, and
management of the S. Spruce washout, Third Ave. sediment control facility washout,
and the Inlet Woods subdivision street flooding is and will be reimbursable with Federal
and State Emergency Management Funds.
This ordinance authorizes the City Manager to accept the grant and expend the funds to
complete the permanent repair of S. Spruce Street.
Thank you for your attention to this matter.
[PAGE LEFT BLANK INTENTIONALLY]
Page 48 of 99
KENAI CITY COUNCIL — REGULAR MEETING
SEPTEMBER 3, 2014 -7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
VICE MAYOR RYAN MARQUIS, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on September 3, 2014, in City Hall
Council Chambers, Kenai, AK. Vice Mayor Marquis called the meeting to order at 7:00
p.m.
1. Pledge of Allegiance
Vice Mayor Marquis led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Mayor Pat Porter (Telephonic) Ryan Marquis
Robert Molloy Terry Bookey
Mike Boyle Tim Navarre
Brian Gabriel
A quorum was present.
Also in attendance were:
Rich Koch, City Manager
Scott Bloom, City Attorney
Linda Murphy, Acting City Clerk
3. Agenda Approval
Vice Mayor Marquis noted the following requested additions to the agenda and agenda
packet:
• Resolution 2014 -60 — Addition of memorandum from the City Manager
• Ordinance 2791 -2014 — Addition of memorandum from the City Attorney
• New Item — Mayor's Report — Letter from Alan Fields regarding the appointment of
Allison Ostrander as the new student representative
• Add to City Attorney reports an email from Fred Braun and KMC 7.15.045, Local
Preferences
MOTION:
Page 49 of 99
Council Member Molloy MOVED to approve the agenda with the requested amendments
proposed by the Vice Mayor and requested UNANIMOUS CONSENT. Council Member
Bookey SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
Vice Mayor Marquis requested the removal of the August 20, 2014, minutes from the
consent agenda and asked the Clerk to include them in the September 17 packet.
MOTION:
Council Member Molloy MOVED to approve the consent agenda, less the minutes, and
requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
Vice Mayor Marquis opened the floor for public comment on consent agenda items;
there being no one wishing to be heard, public comment was closed.
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 -- None
D. PUBLIC HEARINGS
Resolution No. 2014 -60 - Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Remove Certain Fees for the Use of the City Boat
Launch Ramp and Dock Parking Before and After the Personal Use Dip Net
Fishery Season
Vice Mayor Marquis opened public hearing; there being no on wishing to be heard, the
public hearing was closed.
MOTION:
Council Member Boyle MOVED to approve Resolution No. 2014 -60 and Council Member
Molloy SECONDED the motion.
Council Member Bookey asked for an explanation of the "first ten minutes" and "each ten
minutes over ten." City Manager Koch stated that there was no monitoring of time at the
boat launch area, but this provision in the fee schedule tended to keep people moving in
order to avoid the charge.
City of Kenai Council Meeting Page 2 of 9
September 3, 2014
Page 50 of 99
Mayor Porter voiced her objection to acting on this resolution prior to hearing from the
Harbor Commission. [Clerk's Note: The Harbor Commission's September 8 meeting was
cancelled prior to this agenda item's inclusion on the Council Agenda. Its next meeting
was scheduled for October 6. Under Council rules, items pending after the regular election
(October 7) fall off the agenda.] The Mayor noted that there was no urgency since fishing
and boating season would be over soon and this resolution could be brought back to the
Council as a new resolution after the October election.
Councilmembers Navarre and Gabriel concurred. Mr. Navarre noted that this was a
perfect example of why the rule requiring items to be dropped from the agenda after an
election should be changed.
MOTION TO AMEND
Council Member Bookey MOVED TO AMEND the resolution by deleting the word "also'
from the "Parking Only" section of the fee schedule in reference to both Commercial and
Personal Use Fishery Days; Council Member Molloy SECONDED the motion.
Council Member Bookey noted that these two sections of the fee schedule seemed to
contradict sections earlier in the schedule stating that launch permits included parking with
a trailer.
VOTE ON MOTION TO AMEND:
MOTION PASSED UNANIMOUSLY.
Council Member Boyle asked if the Harbor Commission Meeting could be rescheduled.
The Clerk replied that a special meeting could be called by Council, but that sufficient time
would be needed to publicly notice the meeting.
Council Member Bookey stated that he was ready to vote on the motion to adopt the
resolution. He stated that amending the fee schedule was a policy decision that could be
made by the Council without input from the Harbor Commission.
VOTE ON MOTION AS AMENDED:
YAY: Boyle, Bookey, Gabriel, Marquis, Molloy
NAY: Porter, Navarre
MOTION PASSED.
2. Ordinance No. 2789 -2014 — Amending Kenai Municipal Code Section
11.05.050, "Condition as to Equal Services and Rates," to Require that the City
Provide Residents of the City of Kenai with Free Services at the City -Owned
Boat Launch and Parking Facility [Clerk's Note: At its August 20'h meeting,
Council postponed this ordinance to the September 3id meeting. Motion to
enact is on the floor.]
Council Member Boyle noted that adoption of Resolution 2014 -60 had made this
ordinance moot.
,ity of Kenai Council Meeting Page 3 of 9
September 3, 2014
Page 51 of 99
MOTION:
Council Member Boyle MOVED to postpone Ordinance No. 2789 -2014 indefinitely; the
motion was SECONDED by Councilmember Molloy. The motion PASSED unanimously.
3. Ordinance No. 2790 -2014 — Waiving Certain Lease Provisions Imposed by
Kenai Municipal Code Chapter 21.10- Leasing of Airport Reserve Lands, and
Approving a Non - Standard Lease Form forthe Lease of Lot 2, Block 1, General
Aviation Apron, Located within the Airport Reserve, to Legacy Electric
Vice Mayor Marquis opened public hearing; there being no one wishing to be heard; the
public hearing was closed.
MOTION:
Council Member Gabriel MOVED to enact Ordinance No. 2790 -2014; the motion was
SECONDED by Councilmember Bookey.
Council Member Gabriel asked for an overview of the non - standard aspects of the
proposed lease. City Manager Koch noted that the lease term was for an initial period of
35 years with an option for a 20 -year extension. He also noted that the lease provided up
to five years of lease credits to cover the cost of excavation and back fill of the area to be
leased since a considerable amount of work would be required to make the site suitable
for building.
MOTION PASSED UNANIMOUSLY.
4. Ordinance No. 2791 -2014 — Declaring that TSN, R1 1W, Section 5, Seward
Meridian, KN 0003025, East Addition, Townsite of Kenai — US Survey 3025 A
& B, Lots 12, 13, 14, 15 and 16, Block 3, Kenai, Alaska, also known as 600,
602, 604, 606, and 608 Peninsula Avenue, Kenai, Alaska, whose Last Record
Owner Under Borough Assessment Records was the First Baptist Church,
5432 E. Northern Lights Boulevard, #416, Anchorage, Alaska, Shall be
Retained by the City of Kenai for a Public Purpose
Vice Mayor Marquis opened the public hearing; there being no one wishing to be heard;
the public hearing was closed.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2791 -2014; the motion was
SECONDED by Council Member Molloy.
MOTION TO AMEND:
Council Member Bookey MOVED to amend Ordinance No. 2791 -2014 as follows:
Amend the third "Whereas" to read: "WHEREAS, on August 29, 2014, the City
paid the outstanding balance for property taxes in the amount of $8,175.25 of
City of Kenai Council Meeting Page 4 of 9
September 3, 2014
Page 52 of 99
which $4,788.17 relates to the Kenai Peninsula Borough taxes and interest and
the remaining $3,387.08 relates to City of Kenai taxes and interest"
Amend the fourth "Whereas" to read: "WHEREAS, on September 3, 2014, the
Borough conveyed Lots 12 through 16, Block 3, East Addition, Townsite of Kenai
to the City by quitclaim deeds dated; and"
Amend the second to last "Whereas" to read: "WHEREAS, on August 21, 2014,
the Clerk sent a copy of the publicized notice of the hearing on this ordinance to
the last record even owner of the property as the name appears on the Borough
assessment rolls by certified mail; and"
Council Member Boyle SECONDED the motion.
MOTION TO AMEND PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
YAY: Porter, Boyle, Gabriel, Molloy, Navarre
NAY: Bookey, Marquis
MOTION PASSED.
5. Ordinance No. 2792 -2014 — Accepting and Appropriating a Grant from State
of Alaska Division of Health and Social Services EMS Division Passed Through
Kenai Peninsula Emergency Medical Services, Inc. for Travel and Training
Vice Mayor Marquis opened public hearing; with no one wishing to be heard, the public
hearing was closed.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2792 -2014 and Council Member
Boyle SECONDED the motion.
MOTION PASSED UNANIMOUSLY.
6. Resolution No. 2014 -61 — Authorizing a Budget Transfer within the Personal
Use Fishery Fund — Parks, Recreation, and Beautification Department for 2014
Fishery Rentals in Excess of Budgeted Amounts
Vice Mayor Marquis opened the public hearing, there being no one wishing to be heard,
the public hearing was closed.
MOTION:
Council Member Bookey MOVED to adopt Resolution No. 2014 -61 and requested
UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion.
There being no objection, SO ORDERED.
,ity of Kenai Council Meeting Page 5 of 9
September 3, 2014
Page 53 of 99
7. Resolution No. 2014 -62 — Requesting the Alaska Board of Fisheries Hold its
2017 Upper Cook Inlet Finfish Meeting on the Kenai Peninsula and Approving
Joint Resolution 2014 -01
Vice Mayor Marquis opened the public hearing, there being no one wishing to be heard,
the public hearing was closed.
MOTION:
Council Member Boyle MOVED to enact Resolution No. 2014 -62 and requested
UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion.
There being no objections, SO ORDERED.
E. MINUTES
1. *Regular Meeting of August 20, 2014
THE MINUTES WERE REMOVED FROM THE AGENDA WITH INSTRUCTIONS
TO PLACE THEM ON THE SEPTEMBER 17 AGENDA.
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.
3. *Ordinance No. 2793 -2014 — Reappropriating State Grant Funds in the
Municipal Roadway Improvements Capital Project Fund to the Senior Center
Improvement Capital Project Fund
Introduced by the consent agenda and public hearing set for September 17th.
*Ordinance No. 2794 -2014 — Accepting and Appropriating Federal /State
Emergency Management Grants for the Recovery from the 2013 October
Kenai Peninsula Borough Flood
Introduced by the consent agenda and public hearing set for September 17th.
Ia
1. Council on Aging — Meeting was cancelled.
2. Airport Commission — Next meeting was scheduled for next week.
3. Harbor Commission — Next meeting scheduled for October 6.
City of Kenai Council Meeting Page 6 of 9
September 3, 2014
Page 54 of 99
4. Library Commission — No report.
5. Parks and Recreation Commission — Next meeting scheduled for September
4.
6. Planning and Zoning Commission — Council Member Navarre reviewed the
meeting minutes in the packet.
7. Beautification Committee — Navarre noted that he had attended the meeting
the prior evening for the Mayor. He stated that Mr. Frates conducted a tour of
city gardens for the commissioners prior to the meeting.
8. Mini -Grant Steering Committee — No report.
I. REPORT OF THE MAYOR
Vice Mayor Marquis noted that the city had received a letter from Alan Fields
confirming that Allison Ostrander had been appointed the Council's student
representative. Mayor Porter noted that she would be administering the oath of
office to Ms. Ostrander at the next meeting.
Mayor Porter asked to add to the next agenda approval of travel for Council
Member Gabriel to accompany the City Manager to Juneau to petition the Board
of Fish to conduct its 2017 meeting on the peninsula.
J. ADMINISTRATION REPORTS
City Manager reported on the following:
• Commended Mayor Porter for her suggestion to establish a wild flower
garden between Lawton Street and the Spur Highway.
• Sidewalk project is progressing.
• Noted that he would miss the next meeting as he would be attending a
conference that week.
• Reported that he had met with representatives of the Chamber and Rotary
to discuss a proposed Snow Sculpture Event scheduled for March 7, 2015.
He added that GCI is interested in sponsoring the event.
MOTION:
Councilmember Navarre MOVED to approve Councilmember Gabriel's travel to Juneau.
The motion was SECONDED by Council Member Bookey.
Following discussion with the Clerk and the Attorney, the motion was ruled OUT OF
ORDER unless the Council voted to suspend the rules.
MOTION:
Aty of Kenai Council Meeting Page 7 of 9
September 3, 2014
Page 55 of 99
Mayor Porter MOVED to SUSPEND THE RULES in order to take up a motion to approve
Council Member Gabriel's travel to Juneau. The motion was SECONDED by Council
Member Navarre.
VOTE ON MOTION TO SUSPEND THE RULES:
YAY: Porter, Navarre
NAY: Boyle, Bookey, Gabriel, Marquis, Molloy
2. City Attorney —City Attorney Bloom noted the information he had provided with
respect to local preference. Council Members Molloy and Gabriel thanked him
for his work on this subject.
3. City Clerk — No report
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker) —
None
2. Council Comments
Council Member Navarre thanked the city for its help with Industry
Appreciation Day and noted that it was a big success this year.
Council Member Gabriel noted that Industry Appreciation Day was well
attended. He thanked the Council for its interest in having him go to Juneau to
lobby the Board of Fish to meet on the Peninsula.
Council Member Bookey stated that he was pleased that the purchase order
for the convention center feasibility study had been approved. He also
welcomed candidates for the Borough Assembly and the City Council to the
meeting.
Council Member Boyle thanked the Council for supporting his resolution
reducing fees for boat launch ramp.
L. EXECUTIVE SESSION
1. 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)].
MOTION:
Council Member Bookey MOVED to enter into executive session for 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
City of Kenai Council Meeting Page 8 of 9
September 3, 2014
Page 56 of 99
Ordinance are Required to be Confidential, and requested the attendance of the City
Attorney and the City Manager. Council Member Molloy SECONDED the motion.
VOTE:
YAY: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre
NAY: None
MOTION PASSED UNANIMOUSLY.
Upon reconvening in open session, Vice Mayor Marquis noted that Mayor Porter was no
longer participating in the meeting. He stated that the Council had given direction to the
City Attorney with regards to the litigation.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:56
p.m.
Minutes prepared and submitted by:
Linda Murphy, MMC
Acting City Clerk
ity of Kenai Council Meeting Page 9 of 9
September 3, 2014
Page 57 of 99
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Page 59 of 99
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Page 60 of 99
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2795 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS FOR UNBUDGETED
COSTS RELATED TO THE ACQUISITION OF PROPERTY RETAINED FOR A PUBLIC
PURPOSE.
WHEREAS, City Ordinance 2791 -2014 declared five parcels, Lots 12 though 16, Block
3, East Addition, Townsite of Kenai, also know as 600, 602, 604, 606 and 608
Peninsula Avenue, Kenai, Alaska retained for a public purpose; and,
WHEREAS, complete acquisition costs for these parcels is estimated to be $36,535
which includes payment of delinquent property taxes, relocation assistance to current
tenants, removal structures, and landscaping; and,
WHEREAS, acquisition costs of these parcels was not included in the FY2015 City
Operating Budget; and,
WHEREAS, completion of the project will reduce future City liability related to the aged
structures on the parcels and is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1: Form: That this is a non -code ordinance.
Section 2: That estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
Increase Appropriations:
City Manager - Contingency
Lands - Land
New Text Underlined; [DELETED TEXT BRACKETED)
Page 61 of 99
$10,000
26.535
$3 �
Ordinance No. 2795 -2014
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lst day of October,
2014.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: September 17, 2014
Adopted: October 1, 2014
Effective: October 1, 2014
New Text Underlined; DELETED TEXT BRACKETED]
Page 62 of 99
t
"Villaye with a Past, C# with a Future fl
FINANCE DEPARTMENT
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014
I�To: Rick Koch, City Manager
11 From: Terry Eubank, Finance Director
Date: September 11, 2014
Re: Ordinance 2795 -2014
The purpose of this memo is to recommend adoption of Ordinance 2795 -2014. Ordinance 2795-
2014 will provide funds for the acquisition costs associated with Lots 12 though 16, Block 3,
East Addition, Townsite of Kenai, also know as 600, 602, 604, 606 and 608 Peninsula Avenue,
Kenai, Alaska which was retained for a public purpose by Council Ordinance 2791 -2014.
These five parcels contain various structures of which three are currently residents for three
renters. It is the City's intent to assist these renters in relocating to new housing. Time frame for
relocation is ninety days during which the City will not be charging any rents and will provide a
$1,000 moving allowance to current residents who vacate by November 30, 2014.
Once vacated, the structures will be removed and the lot will be landscaped in preparation for
use as a staging area during the bluff stabilization project. Total acquisition cost which include
payment of delinquent property taxes, relocation assistance to current tenants, removal of
structures, and landscaping is estimated at $36,535. Ordinance 2795 -2014 will provide funding
for this project and will replenish General Fund Contingency already authorized for the payment
of delinquent property taxes. Your support for this Ordinance is appreciated.
Page 63 of 99
Cost Estimate
Operations, Maintenance, Demolition &
Restoration
600,6021 6041, 606, 608 Peninsula Avenue
Cost Item Description
Unit
Quantity
Unit Cost
Sub -Total
Payment of passed due property taxes
LS
1
$ 8,176.25
$ 8,176.25
Solid Waste /Dumpster
Month
4
$ 150.00
$ 600.00
Electrical Service (3 units x 4 months)
Month
12
$ 100.00
$ 1,200.00
Natural Gas Service (3 units x 4 months)
Month
12
$ 200.00
$ 2,400.00
Moving Incentive
EA
3
$ 1,000.00
$ 3,000.00
Water & Sewer Service (3 units x 4 months)
12
$ 90.00
$ 1,080.00
Demolition 600 Peninsula
1
$ 3,000.00
$ 3,000.00
Demolition 602 Peninsula
pMonth
1
$ 2,000.00
$ 2,000.00
Demolition 604 Peninsula
1
$ 2,500.00
$ 2,500.00
Demolition 604 Peninsula
1
$ 2,500.00
$ 2,500.00
Demolition 604 Peninsula
1
$ 2,000.00
$ 2,000.00
Lanscaping /Restoration
LS
1
$ 5,500.00
$ 5,500.00
Sub -Total
$ 33,956.25
Contingecy (10 %)
$ 2,578.75
Total
$ 36,535.00
Page 64 of 99
1__.
Suggested by: Administration
CITY OF KENAI
NO. 2796 -2014
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000 IN THE GENERAL FUND,
SAFETY DEPARTMENT FOR PURCHASE OF EMPLOYEE SAFETY ITEMS.
WHEREAS, Alaska Public Entity Insurance (APEI), the City's insurance provider, has
awarded the City a $1,000 safety grant for the purchase of anti -slip devices for City
employees; and,
WHEREAS, the grant will be used to purchase ice cleats that will be made available to
all City employees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1: Form: That this is a non -code ordinance.
Section 2: That estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Other Grants
$1,000
Increase Appropriations:
Safety - Operating & Repair Supplies $1,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of October,
2014.
ATTEST:
Sandra Modigh, City Clerk
Approved by Finance:
PAT PORTER, MAYOR
Introduced: September 17, 2014
Adopted: October 1, 2014
Effective: October 1, 2014
New Text Underlined; ]DELETED TEXT BRACKETED]
Page 65 of 99
" "Villaye with a Past, C# with a Futurt tig
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 IIII.
Telephone: (907) 283 -7535, Ext. 236 / FAX: (907) 283 -3014 1992
- MEMORANDUM
�� theu �ynf Z�
KENAI. ALASKA
TO: Rick Koch, City Manager
FROM: Sean Wedemeyer, Public Works Director S / %U
DATE: September 11, 2014
SUBJECT: Ordinance appropriating $1,000 from a safety grant from APEI
Rick,
We applied for and received a grant for $1,000 from APE[ to use towards the purchase
of safety equipment. Upon approval of this ordinance 1 will purchase ice cleats and
make them available to all city employees.
Thank you for your attention to this matter.
Page 66 of 99
"Villaye with a Past C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illl'I
1992
MEMO:
TO: Rick Koch, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: September 9, 2014
SUBJECT: Ice Rink Services - Contract Approval Recommendation
Purpose of the correspondence is to recommend the City approve a contract for Facility
Management Services at the Conoco Phillips /City of Kenai Multi- Purpose Facility to Ice Rink
Services.
The department solicited letters of interest from potential vendors through two advertisements
placed in the Peninsula Clarion. Ice Rink Services was the only responsive vendor expressing
interest.
Ice Rink Services has successfully managed the above - mentioned facility for the preceding four
years while operating under similar conditions. Based on my experience, Ice Rink Services has
provided an excellent service to the City and will continue to do so.
I recommend awarding a contract to Ice Rink Services for an estimated amount of $45,000 to
be adjusted based on ice rental hours and required maintenance. Terms of Agreement will be
for three (3) years and may be extended for two (2) successive one -year terms. Thank you for
your attention to this matter.
Page 67 of 99
AGREEMENT FOR FACILITY MANAGEMENT SERVICES
AT THE CONOCOPHILLIPS /CITY OF KENAI MULTI - PURPOSE FACILITY
THIS AGREEMENT is made this _ day of
2014, by and
between the CITY OF KENAI (Owner), 210 Fidalgo Avenue, Kenai, AK 99611-7794,
and DAVID ESSERT d/b /a ICE RINK SERVICES (Contractor), a sole proprietorship,
P.O. Box 2901, Soldotna, AK 99669, and governs facility management services
provided by Contractor to Owner for management of the ConocoPhillips Multi- Purpose
Facility (Facility) owned by and located in the City of Kenai.
1. Term. The term of this Agreement shall begin on September 26, 2014, and
w
end on September 26, 2017. This Agreement may be extended for two (2) successive
one -year terms by mutual written consent of Owner and Contractor; however, no services
shall be performed by Contractor between March 16 and September 26 of each year
unless expressly agreed upon by the parties in writing.
2. Independent Contractor; No Agency. Contractor's relationship with
Owner shall be that of an independent contractor with the authority to control and direct
the performance of the details of the services that are the subject of this Agreement.
Nothing contained in this Agreement shall be construed to create an agency, partnership,
joint venture, or employee- employer relationship between Owner and Contractor.
Contractor is not the. agent of Owner and Contractor is not authorized to make any
representation, contract, or commitment on behalf of Owner.
Facilities Management Agreement — Multi- Purpose Facility Page 1 of 15
Page 68 of 99
3. Designated Representative. Contractor is responsible for the direct
supervision of Contractor's personnel through Contractor's designated representative,
and such representative shall in turn be available at all reasonable times to confer with the
designated agents of the Owner with respect to services rendered. The designated
representative for Contractor is David Essert.
4. Employees. It shall be Contractor's duty to train Contractor's employees
in order to provide the services required. All personnel performing work under this
Agreement shall be employees of Contractor. The services provided shall be performed
by qualified, careful, and efficient employees in strict conformity with the best practices
and highest applicable standards. The manner in which the services are performed shall
be determined by Contractor. Contractor shall pay all salaries and expenses of, and pay
all federal social security taxes, federal and state unemployment taxes, and any similar
payroll taxes relating to, Contractor's employees.
5. Payment. Owner shall compensate Contractor for all services rendered at
the rate of $41.62 per hour. The total cost of all services performed during the initial term
of this Agreement shall not exceed $45,000. Owner shall immediately inform Contractor
if scheduled ice reservations will result in services to be performed that would require
payment in excess of $45,000 and Contractor shall not perform those services until and
unless directed by Owner.
i
Facilities Management Agreement — Multi- Purpose Facility Page 2 of 15
Page 69 of 99
Contractor shall provide an invoice for services to Owner no later than 5 (five)
working days following the end of the month during which Contractor performed the
services. Contractor shall deliver invoices to: City of Kenai, 410 North Willow Street,
Kenai, AK 99611. Payment shall be due from Owner to Contractor within thirty (30)
days after Contractor submits the invoice for services to Owner.
6. lee Schedule and Services. Ice reservations, scheduling, and collection of
fees are the responsibility of Owner. Owner shall provide Contractor with a monthly
schedule of ice reservations. Ice reservations and/or programs will be Monday through
Sunday, including holidays. Ice scheduling will be for, but not limited to, hockey, figure
skating, broomball, curling, public skate, and special events. The schedule shall be
updated as needed as determined by Owner.
Contractor shall provide service and be on site '/2 hour before the first - scheduled
ice reservation of the day and shall remain on site until %2 hour after the last - scheduled ice
reservation of the day.
7. Additional Work. The parties recognize that facility maintenance
requirements vary with ice usage, both by the general public and by
individuals /organizations purchasing ice time. The parties each recognize that there may
be times when additional hours of ice maintenance are required, and times when fewer
hours of ice maintenance are required. Owner shall provide a minimum of 48 hours
notice to Contractor when the schedule for required ice maintenance services differs
substantially from the typical operating schedule under paragraph 6, above.
Facilities Management Agreement — Multi - Purpose Facility Page 3 of 15
Page 70 of 99
8. Ice Fees. Contractor shall not charge fees to persons attending programs or
using the Facility.
9. Scope of Services. Contractor shall perform the following management
work and services at the Facility on an as needed/scheduled basis as determined by
Contractor (except where specifically identified):
A. Ice Installation and Removal. Contractor shall perform ice
installation and assist Owner with ice removal, as Owner requires.
B. Rink Boards Glass Nets Goals Netting and Fencing. Contractor
shall provide routine maintenance of the rink boards, glass, nets, goals, netting,
and fencing. Routine maintenance of the rink boards and glass shall include, but
not be limited to, light repair work and cleaning. Contractor may request that
Owner assist with this maintenance as needed.
C. Line Kit/Ice Paint. Contractor shall install the line kit(s) and ice
paint, as needed.
D. Ice Edging. Contractor shall perform ice edge maintenance.
E. Ice Resurfacing. The Ice Resurfacing Machine (Zamboni) is owned
by the City of Kenai. Contractor shall perform Zamboni driving and perform ice
resurfacing at scheduled times for ice reservations. The ice reservation schedule is
based on 15- minute "zams."
F. Routine Maintenance of Zamboni. Contractor shall perform the
following routine maintenance operations of the Zamboni:
i. Perform oil /fluid changes per manufacturer's prescribed
maintenance schedule.
ii. Lubricate fittings and moving parts per manufacturer's
prescribed maintenance schedule.
Remove, install, and adjust Zamboni blades prior to and after
sharpening. Contractor shall be responsible for sharpening of
the blades (estimated at eight sharpening's per season).
iv. Remove, change, and install board brushes on Zamboni.
Facilities Management Agreement — Multi- Purpose Facility Page 4 of 15
Page 71 of 99
V. Wash and wax Zamboni.
vi. Perform regular maintenance of tires on Zamboni.
All repair work and preventative maintenance shall be documented and submitted
to the City within 10 days after the last day Contractor performs services each
spring.
G. Refrigeration System. Contractor is responsible for routine
maintenance and preventative maintenance of the Facility's refrigeration system as
specified by the manufacturer. Contractor shall perform light repair work as
needed to all mechanical and machinery components related to the refrigeration
system, i.e. compressors, pumps, belts, electrical circuits, plumbing, motors, and
controls with exception of warranty work. Contractor shall inspect the
refrigeration system on a daily basis and it shall be maintained in good functioning
order as required to operate the Facility and to make artificial ice. Contractor shall
post all daily inspection and maintenance records for review and shall submit all
records to Owner within 10 days after the last day Contractor performs services
each spring.
Contractor shall follow industry standards and be sensitive to energy costs
by operating the refrigeration system in the most efficient manner possible without
sacrificing quality of ice. This work includes, but is not limited to, monitoring
outside temperatures, shutting down compressor and pumps at night, and
maintaining proper ice thickness.
H. Snow Removal. Contractor shall remove moderate amounts of snow
deposited on the ice surface, spectator area, exits and entrances, and manage ice
Facilities Management Agreement — Multi- Purpose Facility Page 5 of 15
Page 72 of 99
build -up on concrete areas.
I. Custodial. Contractor is responsible for maintaining the general
cleanliness of the Facility. This work includes, but is not limited to, cleaning
bleachers, sweeping warming shacks, litter control, sweeping /mopping of mats
and perimeter area, cleaning /disinfecting restrooms, and stocking restroom
products. Contractor shall replace ground -level light bulbs (excluding main rink
lights).
J. Utilities. Contractor shall operate the Facility in the most cost-
effective manner possible related to energy costs.
K. Lock -up and Security. Contractor shall be responsible for securing
the Zamboni and performing any daily or nightly facility lock -up specified by
Owner. Contractor will not claim responsibility for assuring security during non-
user group hours in which case Owner shall be responsible for providing the
necessary security measures.
L. Training. Contractor shall provide a once - yearly training program
for City employees to be identified by Owner (typically City Mechanics and Parks
& Recreation personnel). Contractor shall provide training to City employees in
areas such as ice safety and general ice maintenance procedures. Safety training
records shall be maintained by Contractor and submitted to Owner within 10 days
after the last day Contractor performs services each spring.
10. Owner's Additional Obligations. Owner shall perform the following
functions or provide the following materials related to the Facility:
A. Line Kit/Ice Paint. Owner is responsible for purchasing the line
kit(s) and ice paint.
B. Rink Boards Glass Netting Fencing. Owner shall supply Facility
netting, fencing, goalie nets, and related supplies.
Facilities Management Agreement — Multi- Purpose Facility Page 6 of 15
Page 73 of 99
C. Routine Maintenance of Zamboni. All materials and supplies related
to items in paragraph 9.F., above, shall be purchased by Owner. Owner shall also
purchase propane used to fill the Zamboni and shall supply two (2) blades for the
Zamboni.
D. Major Repairs to Zamboni. Major repairs to the Zamboni, including
internal or external engine work, drive train, auger bearings, hydraulic or cooling
system leaks work, shall be the responsibility of Owner, Owner shall provide the
parts to complete the repair based on the recommendations of Contractor and shall
also perform necessary work.
E. Electrical. Owner shall maintain the electrical components of the
Facility except as may be stated otherwise in this Agreement.
F. Refrigeration System Supplies. Owner shall purchase oil and
refrigeration chemicals needed to operate the refrigeration system.
G. Refrigeration System, Major Repairs. Major repair work or
replacement of machinery and equipment shall be the responsibility of Owner.
Major repair work may include, but is not limited to, internal or external engine or
equipment work. Owner will be responsible for administering subcontracts or
agency agreements related to the 0 &M of the Facility and the refrigeration
system, if needed.
H. Snow Removal. Owner shall provide Contractor with the use of a
walk- behind snow blower, if needed (as determined by Owner), and upon request
of Contractor. Owner shall plow snow in the parking lot of the Facility.
Custodial Supplies. Owner shall provide materials and supplies for
restroom dispensers, trash bags and trash receptacles. Owner shall provide all
bulbs for ground level light bulbs and shall maintain main rink lights.
J. Utilities. Owner shall pay all utility costs for the Facility.
K. Ice Edging. Owner shall provide an ice edger.
Facilities Management Agreement — Multi- Puil)ose Facility
Page 74 of 99
Page 7 of 15
11. Permits, Licenses, and Certificates. Contractor and Contractor's
employees must comply with all applicable federal, state and local government laws,
regulations, and permits.
Contractor shall obtain and maintain all necessary licenses and permits, pay all
taxes lawfully imposed on Contractor's business, and pay any other fee or charge
assessed under any applicable public statute, regulation, or ordinance. Said licensing
includes, but is not limited to, obtaining state and borough business licenses and tax
certificates, and, where applicable to Contractor, paying all taxes and filing all documents
necessary to maintain Contractor's status as a corporate entity in good standing in the
State of Alaska.
Contractor and any of Contractor's employees working with or handling Freon
shall possess a valid EPA Recovery Technician Type II Certificate. Contractor shall
submit proof of this certification to Owner prior to any employee of contractor handling
Freon. Contractor shall also post a copy of all such certifications at the Facility.
12. Insurance.
A. Throughout the life of this Agreement Contractor shall, at
Contractor's own expense, secure and keep in force insurance, as stated below.
i. Comprehensive general liability insurance, including premises, all
operations, property damage, personal injury and death, broad -form
contractual coverage with a per occurrence limit of not less than one
million dollars ($1, 000,000) combined single limit.
ii. Worker's compensation insurance with coverage for all employees
engaged in work under this Agreement as required by AS 23.30.045.
Contractor is responsible for worker's compensation insurance for
any subcontractor who directly or indirectly provides services under
the Agreement
Facilities Management Agreement — Multi - Purpose Facility Page 8 of 15
Page 75 of 99
Comprehensive automobile liability insurance covering all owned,
hired, and non -owned vehicles with coverage limits not less than
$300,000 combined single limit per occurrence.
Where specific limits are stated, the limits are the minimum acceptable
limits. If Contractor's insurance policy contains higher limits, Owner is entitled to
coverage to the extent of the higher limits.
B. All insurance required by this paragraph shall meet the following
additional requirements:
i. for comprehensive general liability and automobile liability
insurance, name the City of Kenai as an additional insured; and,
ii. for worker's compensation insurance, general liability, and
automobile liability insurance, where possible, include a waiver of
subrogation so that the insurer waives all rights of subrogation
against the City of Kenai for payments made under the policy; and,
iii. provide Owner with at least 30 days notice before any termination,
cancellation, or material change in insurance coverage is effective;
and,
iv. be issued by a company /corporation currently rated "A - "or better by
A.M. Best.
C. Contractor shall submit to Owner proof of insurance coverage in the
form of insurance policies, certificates, endorsements, or a combination thereof,
and signed by a person authorized by the insurer to bind coverage on its behalf.
The effective date of the insurance will be no later than the effective date of this
Agreement or the first day of the term of this Agreement, whichever is later.
D. The indemnification and insurance coverage requirements stated in
this paragraph and in paragraph 13 below, do not relieve Contractor of any other
obligation under this Agreement.
E. Owner may increase the amount or revise the type of required
insurance on written demand without requiring amendments to this Agreement.
Owner will base anv increase or revision on reasonable and justifiable grounds.
Facilities Management Agreement — Multi- Purpose Facility Page 9 of 15
Page 76 of 99
Within two weeks of the written demand, Contractor shall submit to Owner
evidence of insurance coverage that meets the requirements of Owner.
13. Indemnity, Defend, and Hold Harmless Agreement. Contractor shall
indemnify, defend, and hold harmless Owner and its agents, employees, and/or insurers
from claim, loss, damage, liability, or expense in any way related to any act or omission
of Contractor or Contractor's employees, agents, or invitees arising out of Contractor's
performance of services under this Agreement, except to the extent any negligence of
Owner or its employees or agents is a proximate cause of any injury or damage. If a third
party asserts a claim against Contractor and Owner, Contractor and Owner shall seek in
good faith to achieve agreement to an apportionment of fault as between them without
and independent of litigation. This provision shall survive expiration or termination of
this Agreement.
14. Termination. This Agreement may be terminated with cause by giving 15
days prior written notice to the other party. Cause is defined as the violation of the terms
and conditions of this Agreement. Owner may terminate this Agreement without cause
with 30 days prior written notice to Contractor. Termination of this Agreement by
Contractor without cause shall cause Contractor to be liable to the City for any increased
costs of procuring the services provided in this Agreement and to any other damages
provided by law.
15. Costs on Default. In the event that either party is in default in the
performance of any of its obligations under this Agreement and an enforcement action is
brought, the defaulting party shall pay to the other all the costs and expenses incurred in
Facilities Management Agreement — Multi- Purpose Facility Page 10 of 15
Page 77 of 99
the action, including actual, reasonable attorney's fees. No right or remedy here
conferred upon or reserved to Owner is intended to be exclusive of any other right or
remedy, and each and every right and remedy shall be cumulative and in addition to any
other right or remedy given, or now or later existing at law or in equity or by statute.
16. Assignment and Subcontract. Contractor shall not assign, subcontract,
and/or transfer any right, obligation, or part of the services or work to be performed under
this Agreement without prior written approval of the Owner. Any such assignment or
transfer or subcontracting of services without the consent of Owner shall constitute a
default on the part of Contractor.
17. No Discrimination. Contractor shall not discriminate on the grounds of
race, color, religion, national origin, ancestry, age, or sex against any patron, employee,
applicant for employment, or other person or group of persons in any manner prohibited
by Federal or State law. Contractor recognizes the right of Owner to take any action
necessary to enforce this requirement.
18. Assumption of Risk. Contractor shall provide all proper safeguards and
assume all risks incurred in performing the work and services under this Agreement.
19. No Waiver. If Owner does not insist in any one or more instances on the
strict performance by Contractor of any requirement under this Agreement, it is not a
waiver or relinquishment for the future, but the requirement will continue in full force.
An Owner waiver of any provision or requirement in this Agreement cannot be enforced
nor relied on unless the waiver is in writing and signed on behalf of Owner.
Facilities Management Agreement — Multi- Purpose Facility Page I 1 of 15
Page 78 of 99
20. Integration and Modification. This Agreement contains the entire
Agreement of the parties. All negotiations, statements, representations, warranties, and
assurances, whether oral or written, which are in any way related to the subject matter of
this Agreement or the performance of either party, are merged and integrated into this
Agreement. This Agreement may not be modified except by in writing, signed by both
parties.
21. Applicable LawNenue. In any dispute between the parties, the laws of
the State of Alaska shall govern. If any such dispute results in a lawsuit, the parties will
bring the lawsuit before the courts of the State of Alaska in the Third Judicial District at
Kenai.
22. Rules of Interpretation. Headings of paragraphs are solely for
convenience of reference and shall not affect meaning, construction, or effect of this
Agreement. Unless the context otherwise indicates, words expressed in the singular shall
include the plural and vice versa. Unless the context otherwise indicates, the use of the
neuter, masculine, or feminine gender shall include the others as well.
23. Notices. Any and all notices required or permitted under this Agreement,
unless specified otherwise, shall be in writing and hand - delivered or mailed by certified
mail, return receipt requested, to the following addresses:
Owner: City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Attn: City Manager
Facilities Management Agreement — Multi - Purpose Facility Page 12 of 15
Page 79 of 99
Contractor: David Essert d/b /a Ice Rink Services
PO Box 2901
Soldotna, AK 99669
Attn: David Essert
(physical address for hand- delivery)
Either party may change their address for notice by giving notice as provided herein to
the other party. Notice is effective upon hand delivery or deposit, postage prepaid, in the
United States mail.
24. Authority. Contractor represents that Contractor has read this Agreement
and Contractor agrees to be bound by its terms and conditions and that the person signing
this Agreement is duly authorized to bind Contractor.
25. Effective Date. This Agreement is not effective until signed by the City
Manager of City of Kenai and Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement for
Services the day and year set forth below.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
Facilities Management Agreement— Multi- Purpose Facility Page 13 of 15
Page 80 of 99
L..
CITY OF KENAI
By:
Rick R. Koch
City Manager
CONTRACTOR
By:
David Essert
Owner
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this _ day of
, 2014, by Rick Koch, City Manager of the City of Kenai, an Alaska
municipal corporation, on behalf of the City.
NOTARY PUBLIC for State of Alaska
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this _ day of
2014, by David Essert.
NOTARY PUBLIC for State of Alaska
My Commission Expires:
Facilities Management Agreement — Multi- Purpose Facility Page 14 of 15
Page 81 of 99
Approved by Finance:
��--
Terry Eu ank, Finance Director
Approved as to form:
Scott M. Bloom, City Attorney
Y: \Dept - Parks & RecreationtAgreements\2014 0909 MPF Agreement DavidEssert lee Rink Services.docx
Facilities Management Agreement — Multi - Purpose Facility Page 15 of 15
Page 82 of 99
Page 83 ¥99
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Page 83 ¥99
"'Village with a Past, C# with a Futare "' ,
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1992
Telephone- 19071 2R3 -7535 Fxt 236 / FAX- (9071 283 -3014
-A= MEMORANDUM
the city w
G1� v
TO: Rick Koch, City Manager
FROM: Sean Wedemeyer, Public Works Director sj�(k/
DATE: September 11, 2014
SUBJECT: Recommending PO increase to Orion Construction
Rick,
This memo is in support of increasing the PO to Orion Construction to complete the
Senior Center Boiler Replacement and Heated Sidewalk Project.
This PO increase is contingent upon adoption of Ordinance 2793 -2014. This
contingency is the catalyst for removing the PO list from the consent agenda.
Please see my memo dated August 27, attached again here, for justification of the
increase.
Thank you for your attention to this matter.
Page 84 of 99
VIA a
IAN KI
'IV'114ye with a Past, Cit with a Future" r11V9
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ,eyz
Telephone: M07)283-7535. Ext. 236 1 FAX: M137) 2.83 -3014
MEMORANDUM
TO: Rick Koch, City Manager ' /
FROM: Sean Wedemeyer, Public Works Director 5z'1,W
DATE: September 11, 2014
SUBJECT: Recommending PO increase to Wolf Architecture for the design of
the Warm Storage
Rick,
This memo is in support of increasing the PO to Wolf Architecture (Wolf) to include the
design of the Warm Storage building.
In 2012 the City performed a competitive Request for Proposal procurement process to
determine the most qualified consultant to design the new Vehicle Maintenance Facility
(Shop.) Wolf Architecture was selected by the City's review committee, and we
successfully negotiated and executed a Professional Services Agreement with them.
Subsequently Wolf designed the new Shop; by all accounts they performed admirably.
I requested and received a proposal from Wolf to design the new Warm Storage
building. They have proposed to team with the same sub - consultants who designed the
Shop. Considering the new Warm Storage building will be adjacent to the Shop, and the
utilities will originate from spare conduits, pipes, voids, and electrical panels incorporated
into the Shop design specifically for this purpose, this team of consultants are able to
provide us with a price proposal that I believe could not be matched by another team.
I am confident in my recommendation that Wolf is the most qualified consultant, has
assembled a strong team of sub - consultants, and that I have negotiated the best price
possible for their services. Thank you for your attention to this matter.
Page 85 of 99
[PAGE LEFT BLANK INTENTIONALLY]
Page 86 of 99
STATE CAPITOL
Po. Box 110001
�~ Juneau. AK 9981 1 -000 1
907 -465 -3500
Fax: 907 - 465.3532
September 8, 2014
The Honorable Sally Jewell
o,LM:
Governor Sean Parnell
STATE OF ALASKA
Secretary
United States Department of the Interior
1849 C Street, NW
Washington, DC 20240
Dear Secretary Jewell,
550 West Seventh Avenue. Suite 1700
Anchorage, AK 99501
907 - 269 -7450
fax 907- 269 -7461
amv.GovAlaska.Gov
Governor @Alaska.Gov
The State of Alaska (State) recently learned that the United States Fish and Wildlife Service
(USFWS) will proceed with a preemption of the State's fall 2014 and spring 2015 brown bear
hunting season on the Kenai National Wildlife Refuge (Refuge), citing resource conservation
concerns as their primary justification. In so acting, USFWS failed to consider and respond to
comments provided by the State and other Alaskans questioning the need for this emergency action.
Most perplexingly, despite raising resource conservation concerns as the primary rationale for their
emergency action, USFWS left open the federal subsistence season targeting these same animals.
The fact that USFWS has acted on its own concerns by limiting hunting opportunity under State
regulations, but not federal regulations, is deeply troubling.
The State of Alaska manages according to the Alaska State Constitution's sustainable yield mandate
and has an excellent history of sound resource management under this mandate. While we may
disagree on management philosophies, we should not disagree on resource conservation. It is
offensive to have USFWS question the State's sustained yield management program. Regulations in
place for this hunt were carefully crafted through the Alaska Board of Game's (Board) open public
process, weighing public input along with scientific data provided by the Alaska Department of Fish
and Game (ADF &G) and USFWS. The current regulations include total and adult female harvest
caps to ensure sustainability of the Kenai brown bear population.
The State's comments, which I have enclosed, detail ADF &G's reservations about the justification
USFWS used to preempt State regulations. In short, our professional biologists question the models
used by USFWS to justify an emergency closure for this fall and next spring. As the comments point
out, the Alaska Board of Game is scheduled to review the very regulations being preempted by
USFWS next spring. To ensure the best information is available, the State is seeking an independent
review of the models used to project populations and their sustainability. Given the caps currently in
place and the scheduled upcoming meeting, there is simply no justification for an emergency action
at this time.
Page 87 of 99
The Honorable Sally Jewell
September 6, 2014
Page 2
I also question the necessity for emergency action, as ADF &G has stated that it is unlikely that the
total mortality of adult females this fall will exceed the USFWS' preferred cap of 12. Both State and
USFWS biologists agree that the total mortality of adult female bears is the preferred metric of
assessing long term health of this resource. Although ADF &G has the authority to allow up to 17
adult females to be harvested according to regulation, the hunt would be closed at a total harvest of
66 -67 bears or 15 adult females, in order to account for other instances of human - caused mortality,
including self- defense and motor vehicle strikes. In short, an emergency does not exist, and the
preemption is unjustified.
Further, under regulations adopted by the Board this year, take over bait stations is permitted,
allowing hunters to mote accurately determine age and sex of bears. These measures appear to have
enhanced hunters' ability to be selective this spring, as only five out of 52 bears harvested have been
female. Perplexingly, the new Service regulations also ban these newly adopted regulations. With
such a low margin of error and an admission that a harvest cap of 12 adult females would be
conservative, USFWS is hasty in closing hunting when it has cited female overharvest as its main
concern. USFWS' actions are not indicative of scientifically- defensible conservation concerns, as
much as they show a disagreement on ethical positions and overall management approach.
Bear hunting is a historic and integral part of Alaska's economy, and the livelihoods of many
Alaskans depend on access to areas that are serviced by taxpayer dollars. Alaskans are entitled by law
to the best access possible. Beyond this fact, however, there remains the wider public concern over
human safety as brown bear and human encounters continue to increase on the Kenai Peninsula.
Although Alaskans are used to having bears as neighbors, and are experienced in avoiding
encounters, many residents who attended USFWS hearings shared anecdotal evidence while voicing
their concerns about the increased number of brown bear interactions taking place locally, and the
risk this poses to human safety. USFWS has correctly cited securing garbage and human food as one
way to combat human /bear interactions, but fails to grasp the seriousness of residents' concerns.
I ask you to consider the needs of Alaskans first as USFWS takes up this decision, and respectfully
request that you ask Director Dan Ashe to rescind USFWS' decision to preempt the State of Alaska
season and to work with ADF &G to keep the refuge open to brown bear hunting for the duration
of the fall and spring seasons. Adequate regulatory measures exist to ensure sustainability until the
Alaska Board of Game revisits this hunt next spring.
I would welcome the opportunity to speak with you about this issue. My Scheduler, Janice Mason,
may be reached at 907- 465 -3500, or by email at janice.mason @alaska.gov.
Sincerely,
:3 :
Scan Parnell
Governor
Enclosure
Page 88 of 99
The Honorable Sally Jewell
September 8, 2014
Page 3
cc: The Honorable Cora Campbell, Commissioner, Department of Fish and Game
Geoffrey Haskert, Regional Director, Alaska Region, United States Fish and Wildlife Service
Douglas Vincent -Lang, Director, Division of Wildlife Conservation, Department of Fish and
Game
Kip Knudson, Director of State and Federal Relations, Office of the Governor
Benjamin Mohr, Special Assistant, Office of the Governor
Page 89 of 99
M
Kenai
"V (laye with a Past, C# with a Futcsre"
2011
As we wind down to the end of summer the fire department has completed all of its annual
equipment testing. This includes testing all of the departments hose, ladders, and engine
pumps to National Fire Protection Association (NFPA) and other applicable standards. This
allows the department to insure that all equipment will function safely and effectively. It also
allows the department to take any noncompliant equipment out of service or make needed
repairs. The department continues to have a steady volume of calls for service and as of
9/10/14 we have 852 calls this calendar year.
During the week of September 2155 — 27th the City of Kenai will be host to the 2014 Alaska Fire
Conference. This conference is co- sponsored by the Alaska Fire Chiefs and Alaska State
Firefighters Associations in conjunction with the Alaska State Fire Marshals Training and
Education Bureau. The Kenai Chapter of the Alaska State Firefighters Association is the host
organization for the conference with the City of Kenai Fire Department being the host
department.
This conference will bring 250 firefighters from across Alaska to the Kenai area for a week of
both hands on and classroom training provided by dozens of local and national instructors. In
addition we will have 50 vendors attending two days of the conference for a vendors show.
The community will be able to participate on Saturday the 27" with the Cameron Carter
Memorial 3.43 K Run, a pancake breakfast hosted by the Kenai Rotary Club, and entertainment
starting at 9am. Following the run at 11 am there will be the 2014 Alaska Fire Conference
Firefighters Skills Competition. This is great for fun for families and all to attend.
Page 90 of 99
i
FINANCE DEPARTMENT MID -MONTH REPORT
September 2014
NZ/
To: Rick Koch, City Manager
From: Terry Eubank, Finance Director
Date: September 11, 2014
Re: Monthly Report
FY2014 yearend procedures are in full swing. The majority of the department's
efforts are focused on yearend procedures and financial statement preparation.
The annual audit is scheduled for the week of September 29th at which time a
complete draft of the City's Comprehensive Annual Financial Report will be
ready.
Compilation of financial information related to the 2014 Dipnet Fishery is
underway for completion of the annual dipnet report.
The department would like to welcome Ms. Kristi Hershberger to the City. Kristi
is the new department administrative assistant. Please say hi to Kristi during you
next visit to City Hall.
Municipal Airport
Airport Improvement Program:
September 2014
Airport Manager's
Report
Update Master Plan — A revised Phase 2 report was given to City Administration on May 22.
Consultant did not include preliminary financial analysis. Administration is drafting Airport
capital program financial capabilities analysis for inclusion in the report.
Phase 2 Update Master Plan (Aeronautical Survey) — This project is going very well and the
mapping process is underway. The line work for the alternatives is completed and readily
usable for importing the selected alternatives into the Master Plan and ALP plans.
Security Camera Proiect — The City documents are being prepared for a design -build project.
Snow Removal Equipment (SRE) — The new Oshkosh Plow truck with attachments has been
ordered. Delivery will take approximately 10 months.
In-house:
Operations Staff: Staff is busy mowing, hazing, landscaping, fixing electrical problems, and
removing grass from the Float Plane Basin water runway.
Administrative Staff: Working on the vending machine and advertising concessions.
The Airport is advertising for temporary winter callouts at the Airport. The recruitment process
closes on September 19, 2014.
The animal displays have been cleaned and upgraded. There is also a new black bear display
that is drawing a lot of attention. Stop by and take a look.
Sgt. Scott McBride has been approved by the FAA Certification Office to be the trainer for any
City personnel performing wildlife hazing on the Airport. He will be attending the AAAE Airport
Wildlife Trainers course in Minneapolis, October 5 -8, 2014. Persons performing hazing
activities must have initial and annual recurrent training as required by FAR 139. Having Sgt.
McBride in house, qualified, and readily available will be very beneficial to the airport.
2014 -09
Page 92 of 99
KENAI SENIOR CENTER
September 2014 REPORT
KENAL AL SKA
To: Rick Koch, City Manager
From: Rachael S. Craig, Senior Center Director
Date: September 9, 2014
Total August Meal Count 2014 Served:
Total Congregate Meals Served: 1,457
Total Home Meals Served: 2,291
Total August Meal Count 2013 Served:
Total Congregate Meals Served: 1,301
Total Home Meals Served: 2,582
July Rentals: -0-
Volunteer Hours: 65 individuals donated 685 hours of volunteer service. The Admin. Assistant had 26 senior
appointments dealing with various senior issues this month.
The Peninsula "Old Tymer's" Luncheon was held on the 21s` of August. Seniors, Johanna Hollier and Peggy
Arness planned the program and along with other volunteers set up the dining room for the annual event. There
were 233 seniors that came to lunch.
The outreach worker led a 14 seniors on a hike to Russian River Falls. 9 seniors participated in the Cooper River
rafting trip. 6 seniors participated in the Mystery Drive. 16 seniors went to the Ninilchik Fair. While at the fair, 7
seniors were bell ringers, 9 were line dancers and both groups entertained the fairgoers.
A day in August, was designated as "Aviation Day." 11 seniors from Forget -Me -Not came to lunch, stayed for
the Caregiver's Support Group. Their activity while family members were at the support group made paper
airplanes and had a contest to see whose would go the farthest. 5 of the Kenai Senior Center seniors were drawn to
go on a special air tour. The KSC seniors that wanted to go flying, paid to enter a lottery (cost for the trip) and 5
people were drawn. It turned out to be one of the most beautiful days in August, and the seniors that went flying
had a great time.
11 seniors enjoyed the "Pet Therapy" dogs that visit each week. Pat Robinson, a weekly volunteer at the center,
brings her two certified pet therapy dogs to visit in the Fireplace room.
5 seniors participated three times a week in the regular aerobics class, 25 seniors participated in the weight
resistance class, 7 seniors participated in Tai -Chi class, and 3 seniors participated in Zumba. 10 seniors and a
volunteer driver venture at 7:30 to the Nikiski Pool for swimming and water walking twice a week. 3 of our
seniors go to the Kenai Pool at 6a.m. to swim laps.
63 seniors participated three Thursday nights at blue grass. We held one Friday Classic Movie Night. 9 seniors
watched an old John Wayne classic, "The Comancheros."
20 seniors participated in bridge 8 times this month, while 25 seniors participated at our center playing pinochle 8
v, times this month. The pinochole players also go to the Niksiki Senior Center once a week to play. We have 15
seniors that play dominos once a week.
Page 93 of 99
M",
PUBLIC WORKS DIRECTOR
CAPITAL PROJECTS MANAGER
MID -MONTH REPORT
TO: Rick Koch, City Manager
FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager
DATE: September, 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.
• S. Spruce & Third Ave. Repair — Waiting for FEMA concurrence to advertise. To be bid in winter.
• WWTP Improvements — Design in progress.
• Chemical Bid — Procurement documents in development.
• Fire Systems Testing Inspection and Monitoring - Procurement documents in development.
• Boating Facility Fuel Vendor - Procurement documents in development.
• Ambulance Purchase — Procurement documents in development.
• Columbarium Base and Sidewalk — Design complete. To be bid in winter.
• City Hall Roof Replacement — Additional funding required.
• Site Specific Safety Plans - Procurement documents in development.
Capital Projects:
• Maintenance Facility — Punch list, additional authorized work, and closeout in progress.
• Kenai Industrial Park — Closeout in progress.
• Central Heights Roadway Improvements — Closeout in progress.
• Vintage Pointe and Senior Center Siding — Construction in progress. CO #2 executed.
• City Hall and Senior Center heated sidewalks and Boiler Replacement — Construction in progress. PO
increase requested contingent on ordinance 2793 -2014.
— CO to construct Overland sidewalk executed. Construction in progress.
• Kenai Airport Airfield Marking — Closeout in progress.
• Reservoir and Sand Separator Design — Design in progress.
• Water Main Replacement Design — Design in progress.
• Magic Ave. Design. — In progress. 95% drawings under review by administration.
• First St pavement and curb upgrades design — Funding required.
• Flight Service Station Upgrades Phase 1 - Alternate roof replacement design in progress.
• Flight Service Station Upgrades Phase 2 — Restroom and sidewalk improvement construction in
progress.
• Public Safety Building Improvements — Boiler replacement design complete. Additional funding
required to construct.
• Airport Security Camera Replacement — Contract execution pending FAA response to mandatory
contract provisions for consultant agreement.
• South Beach Road Design — Design pending wetlands delineation.
• Airport Tree Removal.- Closeout pending FAA review.
• Warm Storage Design — Proposal from professional consultant received.
Page 94 of 99
\\ the eit,vl Zl
KENAI� SKA
PARKS & RECREATION MID -MONTH REPORT
September 2014
Routine maintenance activities continue including trash runs, restroom cleaning,
mowing and trimming, etc. Cooler temperatures are beginning to slow the rate of turf
growth down, and thus, mowing is becoming more infrequent with each passing week.
Staff maintained restrooms and handled trash details during the annual Industry
Appreciation event.
Crews have been busy installing wood chips in a number of areas, including the
cemetery trail, picnic area near the bluff overlook, under shelters and benches, etc. The
wood chips achieve a great look and are functional.
Staff started constructing a horse -shoe pit at the Daubenspeck Family Park picnic
shelter area. Weather permitting, final install should be soon.
Director Frates and employee Randy Dodge met with representatives of the Kenai
Rotary Club at the new green area off Forest Dr. The Club will assist with layout of a
short trail and seeding.
The wildflower meadow off Lawton Dr. has received a lot of positive and favorable
comments. The department plans on performing some fall seeding just before freeze
up and again next spring. Trails should be planned out for next year to prevent
trampling of understory.
Crews planted a few trees recently. Areas receiving trees include City Hall, Sports
Complex area and Daubenspeck Family Park.
The trail crew completed a boardwalk along Ryan's Creek and finished a short-cut trail
leading from Ryan's Creek (end of boardwalk) to an area between HEA and the Youth
Detention Center. This access provides a short trail segment leading to Daubenspeck
Family Park.
Page 95 of 99
I
POLICE DEPARTMENT MID-MONTH REPORT
August 2014
�� ftieu'yof ��
KENAI, ALASKA
TO: Rick Koch — City Manager
FROM: Gus Sandahl — Police Chieft�;a
DATE: 9/10/14
SUBJECT: Police & Communications Department Activity — Month of August 2014
Police handled 828 calls for service. The Communications Center received 365 emergency 9 -1-
1 calls (300 from cell phones). Officers made 53 arrests and wrote 308 reports.
Traffic enforcement resulted in 95 warnings, 16 speeding tickets, 3 seatbelt tickets, 5 citations
for equipment violations, and 16 citations for "other' traffic violations.
There were 7 DUI arrests (0 felony). Officers investigated 8 motor vehicle crashes. None of the
crashes were DUI related. Two of the crashes involved moose, and two involved caribou.
The 6 TEOs ended their temporary employment with KPD in early August
On August 28, Lt. Ross, Sgt. Langham, and Sgt. Sjogren attended a 2 day instructor course for
the ALICE response to active shooters. The training was facilitated by the Kenai Peninsula
Borough School District. SRO Prins is already an ALICE instructor, having attended the training
in spring 2014.
On 8/25/14, Inv. Cushman and Officer Grimm attended a one -week blood splatter analysis
course in Anchorage.
The Police Department is currently posting a job opening for a vacant police officer position and
a vacant dispatcher position.
There is no monthly Animal Control report this month.
Page 96 of 99
y KENAI COMMUNITY LIBRARY
l MID -MONTH REPORT
,he ci!y of � SEPTEMBER 2014
KENA
FSKA
AUMust Circulation Fieures
Adult Fiction
1,781
Internet Access
1,513
Adult Non - Fiction
1,450
Downloadable Audio
614
Young Adult Fiction
322
Video
0
Periodicals
173
Room Booking
138
Juvenile Fiction
609
Music
101
Juvenile Non - Fiction
302
DVDs
2,116
Easy Fiction
1,472
Audio books
201
Easy Non - Fiction
270
Miscellaneous
268
Interlibrary Loan
46
Computer Programs
2
Total Print 6,425 Total Non -Print 4,339
Total Circulation
10,764
In -House circulation
292
Library Door Count.......
8,843
Downloadable Audio
614
Freegal Music
133
Downloadable EBooks
762
In August we had 4 volunteers who put in a total of more than 20 hours. There were 9 Children's programs with
209 total in attendance, 5 young adult programs with 19 in attendance and 6 adult programs with 69
participants.
Inter Library Loan logged 60 orders with 44 items received, 32 returned and 45 items lent by our library to
other institutions.
Income
Fines
AUGUST
792.37
Xerox
92.25
LostfDamaged
159.98
Test Proctoring Fee
80.00
Printing
378.50
Other
5.00
Total income
$1,508.10
Our children's librarian tendered her resignation in August.
We are recruiting to fill two vacant positions at
this time.
The Friends of the Library are having a large book sale
this month September 18 from noon to 5:30, September19
from 10 — 5:30 and September 20 from 10 — 3 at the
Home Gallery located in the
old Carr's Mall.
Library Cards Issued
August
Anchor Point
1
Clam Gulch
1
ILL
2
Kasilof
3
Kenai
58
Nikiski
13
Non Resident
9
Seward
1
Soldotna
13
Sterling
3
Other Peninsula
7
Organization & Other
3
Total
114
Page 97 of 99
[PAGE LEFT BLANK INTENTIONALLY]
Page 98 of 99
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Page 99 y@
NOTICE OF PUBLIC HEARING
SEPTEMBER 17, 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.
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. [Clerk's Note: At its
August 6h meeting, Council postponed this ordinance to the September 17th
meeting. Motion to enact is on the floor.]
2. 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. [Clerk's Note:
At its August 6th meeting, Council postponed this ordinance to the September 17'h
meeting. Motion to enact is on the floor.]
3. Ordinance No. 2793 -2014 — Reappropriating State Grant Funds in the Municipal
Roadway Improvements Capital Project Fund to the Senior Center Improvement
Capital Project Fund.
4. Ordinance No. 2794 -2014 — Accepting and Appropriations Federal /State
Emergency Management Grants for the Recovery from the 2013 October Kenai
Peninsula Borough Flood.
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 the Council prior
to ado tl"o?t wi hou further public notice.
Sandra i , C City Clerk
Posted:' ptember 12, 2014
Office of the City Clerk
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Phone: (907) 283 -8231
Fax: (907) 283 -5068
Email: smodigh @ci.kenai.ak.us
NAME: Ky CA Jk4\LQ1' &n1\t,(
Mailing Address: -17, ®, 60'0 9 p_(e , b e/k1AA'
Residence Address: e N\W t' (Y—
Daytime Phone: 2 `d 5 - 43.7 -9 —
Brief Description of Topic:
rf A4 L
Preferred meeting date: 5 -egt , 17 ,20l q
C—
IV
Providing written statement/ material for inclusion in the council packet is encouraged.
Deadline for submittal is normally Wednesday, Noon, the week prior to the council meeting
(unless a holiday changes the packet preparation day).
Will electronic equipment be used for your presentation? A✓
Will you provide personal equipment?
Will City equipment be needed? I ✓` J Projector
Laptop
*Setup of electronic equipment musT BE completed before 5:00 p.m. of the council meeting day. Contact City
Clerk for appointment (283 - 8231).
Date:
Signature:
Received by City Clerk: Date Time