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HomeMy WebLinkAbout2015-02-18 Council PacketAGENDA KENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 18, 2015 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city 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 perspeaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS Ordinance No. 2814 -2015 — Increasing Estimated Revenues and Appropriations by $130,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Tie In of the New Water Production Wells to the City's Water Treatment Facility ........................ Pg. 5 Ordinance No. 2815 -2015 — Sun Setting the Library Commission and Repealing Kenai Municipal Code Chapter 1.57 Entitled, "Library Commission ". • Substitute Ordinance No. 2815 -2015 — Enacting Kenai Municipal Code Section 1.57.030- Suspension of the Library Commission, to Suspend the Library Commission until Further Action by Council .......................... Pg. 9 E. MINUTES 1. *Regular Meeting of February 4, 2015 ...................... ............................... Pg. 15 F. UNFINISHED BUSINESS — None. G. NEW BUSINESS H. 1. *Action /Approval — Bills to be Ratified .................. ............................... Pg. 25 2. *Action /Approval — Purchase Orders Exceeding $15,000 .................... Pg. 27 3. *Ordinance No. 2816 -2015 — Amending Kenai Municipal Code Section 23.35.020- Causes for Warning, Suspension, or Dismissal, to Address New State Laws on Marijuana ........................................ ............................... Pg. 29 4. *Ordinance No. 2817 -2015 —Appropriating Funds in the General and Parks Improvement Capital Project Funds in the Amount of $20,000 for Purchase and Installation of a Gazebo at the Site of the City's Field of Flowers........... Pg. 33 5. *Ordinance No. 2818 -2015 — Appropriating Airport Funds for Airport Apron Improvements and Improvements to Utilities Serving an Airport Lease Lot. ............................................................................... ............................... Pg. 35 6. Action /Approval — Directing the City Manager to Enter into Negotiations for Donation or Lease of City Land to Kenai Performers ............................. Pg. 39 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission.. ............ ......................................... Pg. 43 7. Beautification Committee 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager • Airport Master Plan 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. [a Kenai City Council Meeting Page 2 of 3 February 18, 2015 Ordinance No. 2813 -2015 — Amending the Kenai Municipal Code Section 1.15.130 —Telephonic Participation, to Increase the opportunity for Telephonic Participation in Council Meetings by Council Members. [Clerk's Note: At its February 4, 2015 meeting, Council amended and postponed this ordinance until the March 4, 2015 meeting. An amendment to the amendment is on the floor.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review......... Pg. 47 2. Gaming Permit for Alaska Hotel and Lodging Association ........................ Pg. 49 The agenda and supporting documents are posted on the City's website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -8231. Kenai City Council February 18, 2015 [PAGE LEFT BLANK INTENTIONALLY] Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2814 -2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $130,000 IN THE WELLHOUSE 4 CAPITAL PROJECT FUNDS FOR A STATE OF ALASKA MUNICIPAL MATCHING GRANT FOR THE TIE IN OF THE NEW WATER PRODUCTION WELLS TO THE CITY'S WATER TREATMENT FACILITY. WHEREAS, the City has received a $1,557,000 Municipal Matching Grant (MMG) from the State of Alaska for replacement of a 10" AC water main from the City's production well three to approximately Swires Road, construct a 10" HDPE water main along Swires Road from Kenai Spur Highway to Lawton Drive, and construct approximately 350' of 10" HDPE water main, furnish and install a well pump and related appurtenances to tie the City's new production well into the City's water treatment facility. The grant requires a 30% match ($667,286) that will be provided by Water and Sewer funds or State of Alaska Department of Commerce, Community & Economic Development (DCCED) grant funds; and, WHEREAS, the City Administration is seeking appropriation of funds for costs associated with drilling and tying in new production wells to the City's water treatment facility; and, WHEREAS, $130,000 is available in the MMG for this purpose and sufficient funds are available from a 2013 DCCED grant that has already been appropriated to the project for the required local match; and, WHEREAS, upon completion of this appropriation, MMG fund in the amount of $590,500 will remain unappropriated for the construction of a 10" HDPE water main along Swires Road from the Kenai Spur Highway to Lawton Drive; and, WHEREAS, the tie in of the new production wells to the treatment facility will increase the reliability of the City's water system which is in the best interest of the utility's rate payers and the citizens of Kenai. New Text Underlined; [DELETED TEXT Page 5 of 53 Ordinance No. 2814 -2015 Page 2 of 2 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: Water and Sewer Capital Proiect Fund Increase Estimated Revenues: State Grants $130,000 Increase Appropriations: New Production Well - Water Treatment Facility Design & Engineering $130,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18h day of February, 2015. ATTEST: Sandra Modigh, City Clerk// Approved by Finance: PAT PORTER, MAYOR Introduced: February 4, 2015 Adopted: February 18, 2015 Effective: February 18, 2015 New Text Underlined; ]DELETED TEXT BRACKETED] Page 6 of 53 "V llaye with a Past, C# with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 To: Rick Koch, City Manager c/� l From: Terry Eubank, Finance Director Date: January 28, 2015 Re: Ordinance 2814 -2015 The purpose of this memo is to recommend passage of Ordinance 2814 -2015 that will appropriate $130,000 of a State of Alaska Municipal Matching Grant (MMG) to the New Water Production Well and Water Treatment Facility Project. MMG 47552 was awarded to the City for $1,557,000 with an amended scope of work to replace a 10" AC water main with 10" HDPE water main; construct a new 10" HDPE water main along Swires Road to Lawton Drive; and to construct a 10" HDPE water main, furnish and install a new production well pump, and related appurtenances for the City's new production wells and water treatment facility. To date $836,500 has been appropriated, $521,500 to the 10" AC Water Main Replacement Project and $315,000 to the New Water Production Well and Water Treatment Facility Project. The 10" AC Water Main Replacement Project is projected to be fully funded at this time and the Swires Road to Lawton Drive 10" HDPE Water Main Project is projected to require approximately $590,500 leaving $130,000 available for the New Water Production Well and Water Treatment Facility Project. Upon passage of the ordinance, total MMG funding to the New Water Production Well and Water Treatment Facility Project will be $445,000. The required 30% ($55,714) grant match for this new appropriation will be provided by a State of Alaska Department of Commerce, Community and Economic Development grant which was previously appropriated to the project. Page 7 of 53 [PAGE LEFT BLANK INTENTIONALLY] Page 8 of 53 CITY OF KENAI [NANCE NO. 2815 -2015 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUNSETTING THE LIBRARY COMMISSION AND REPEALING KENAI MUNICIPAL CODE CHAPTER 1.57 ENTITLED, "LIBRARY COMMISSION °. WHEREAS, the Library Commission was established in 1983 by Ordinance No. 852 -83 as an advisory commission; and, WHEREAS, the Commission has been instrumental in the planning and development of the Library and its upgrades; and, WHEREAS, due to a lack of agenda items or lack of a quorum, the Library Commission has cancelled several meetings since 2011; and, WHEREAS, as of October 2014 the Commission has had only three members and has been unable to constitute a quorum for a meeting; and, WHEREAS, the Friends of the Kenai Community Library, a 501(c)(3) nonprofit organization has expertise and experience in matters relating to the Library and is committed to raising funds to enhance learning, reading and programs that support the Kenai library; and, WHEREAS, the City Council has determined that it is no longer in the best interest of the City to have a Library Commission; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Repealing Chapter 1.57 of the Kenai Municipal Code: That the City Sunset the Library Commission and Repeal Kenai Municipal Code, Chapter 1.57 - Library Commission, in its entirety as follows: (CHAPTER 1.57 - LIBRARY COMMISSION. 1.57.010 DUTIES AND POWERS. THE COMMISSION SHALL BE REQUIRED TO DO THE FOLLOWING: (A) DEVELOP, ADOPT, ALTER, OR REVISE SUBJECT TO APPROVAL BY THE CITY COUNCIL, A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF LIBRARY FACILITIES FOR THE CITY; New Text Underlined; DELETED TEXT BRACKETED] Page 9 of 53 Ordinance No. 2815 -2015 Page 2 of 2 (B) SUBMIT ANNUALLY TO THE CITY MANAGER AND COUNCIL A LIST OF RECOMMENDED CAPITAL AND OTHER IMPROVEMENTS IN REGARDS TO THE LIBRARY; (C) MAKE RECOMMENDATIONS REGARDING ANY MATTER RELATED TO LIBRARY SERVICE; (D) SERVE AS THE LIAISON BETWEEN THE PUBLIC AND THE CITY COUNCIL IN REGARDS TO LIBRARY SERVICE; (E) WORK CLOSELY WITH THE FRIENDS OF THE KENAI COMMUNITY LIBRARY FOR THE BETTERMENT OF THE KENAI COMMUNITY LIBRARY; (F) SHALL ACT IN AN ADVISORY CAPACITY IN THE SELECTION OF THE LIBRARY DIRECTOR. (ORDS. 852, 1161, 1802 -98, 2184 -2006) 1.57.020 LIBRARY REGULATIONS. THE LIBRARY REGULATIONS SHALL BE AS LISTED UNDER THE REGULATIONS SECTION IN THE KENAI CODE, SUPPLEMENT NO. 18, ADOPTED ON SEPTEMBER 20, 1982, AND ALL FUTURE UPDATES. (ORDS. 852, 1161, 1802 -98, 2184 - 2006)] Section 3. Severabilitv: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of February, 2015. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: February 4, 2015 Adopted: February 18, 2015 Effective: March 18, 2015 New Text Underlined; DELETED TEXT BRACKETED Page 10 of 53 CITY OF KENAI SUBSTITUTE FANCE NO. 2815 -2015 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KENAI MUNICIPAL CODE SECTION 1.57.030- SUSPENSION OF THE LIBRARY COMMISSION, TO SUSPEND THE LIBRARY COMMISSION UNTIL FURTHER ACTION BY COUNCIL. WHEREAS, the Library Commission was established in 1983 by Ordinance No. 852 -83 as an advisory commission; and, WHEREAS, the Commission has been instrumental in the planning and development of the Library and its upgrades that have largely been completed; and, WHEREAS, due to a lack of agenda items or lack of a quorum, the Library Commission has cancelled over half of its quarterly meetings since 2013; and, WHEREAS, as of October 2014, the Commission has had only three members and has been unable to establish a quorum for a meeting; and, WHEREAS, the Friends of the Kenai Community Library, a 501(c)(3) nonprofit organization, has expertise and experience in matters relating to the Library and is committed to raising funds to enhance learning, reading and programs that support the Kenai Library and can fill much of the role the Commission formerly provided; and, WHEREAS, the Commission requires City administrative resources and most importantly the time and attention of the Commission members, which should not utilized without good cause; and, WHEREAS, it is not in the best interest of the City to have an active Library Commission at this time; and, 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 1.57.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 1.57.030- Suspension of the Library Commission, is hereby enacted as follows: New Text Underlined; IDELETED TEXT BRACKETED) Page 11 of 53 Substitute Ordinance No. 2815 -2015 Page 2 of 2 1.57.030 - Suspension of the Library Commission. Effective March 18, 2015, the powers and duties of the Library Commission and provisions of Chanter 1.57 Library Commission, are suspended until such time as Council takes further action by ordinance. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of February, 2015. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: February 4, 2015 Adopted: February 18, 2015 Effective: March 18, 2015 New Text Underlined; (DELETED TEXT BRACKETED) Page 12 of 53 M "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Council Members FROM: Mayor Porter DATE: February 12, 2015 SUBJECT: Ordinance 2815 -2015 Substitute, Library Commission Ordinance 2815 -2015 Substitute, proposes to suspend the Library Commission rather than repeal it. I recommend this approach because it allows for the Commission to become active again more easily than if the entire Chapter referencing the Library Commission were to be repealed and does not necessitate repealing all other sections of code that reference the Commission. This approach also recognizes the contribution that the Commission made to the City when its resources were needed and that this need could well arise again in the future. In the meantime however, it is my recommendation that the Commission be deactivated until such time as the City can fruitfully utilize the time, energy, and resources that the Commissioners generously volunteer to the City. Your consideration is appreciated. Page 13 of 53 [PAGE LEFT BLANK INTENTIONALLY] Page 14 of 53 KENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 4, 2015 — 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 February 4, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Pat Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Ryan Marquis Robert Molloy Tim Navarre Pat Porter A quorum was present. Also in attendance were Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Amber McGlasson, Deputy Clerk 3. Agenda Approval Brian Gabriel Henry Knackstedt Terry Bookey Mayor Porter noted additional items to be added to the agenda; item HA Library Commission Report Kathy East Resignation and Information item Correspondence from the Peninsula Spay /Neuter Fund related to the Animal Shelter. MOTION: Council Member Molloy MOVED to approve the agenda vAth requested additions and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda Page 15 of 53 MOTION: Councilor Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council member Knackstedt SECONDED the motion. The Mayor opened the floor for public comment. Bob Machentosh, Kenai Resident, requested Council remove agenda item G.3. Ordinance No. 2815 -2015 — Sun setting the Library Commission and Repealing Kenai Municipal Code Chapter 1.57 Entitled, "Library Commission ". 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 C. UNSCHEDULED PUBLIC COMMENTS D. PUBLIC HEARINGS 1. Ordinance No. 2811 -2015 — Appropriating Funds in the General and Public Safety Improvements Capital Project Fund for the Purchase of a Fire /Rescue Boat. Mayor Porter 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. 2811 -2015 and the motion was SECONDED by Gabriel. MOTION TO AMEND: Council Member Bookey MOVED to amend the dollar amount to $13,500 and requested UNANIMOUS CONSENT; motion was SECONDED by Gabriel. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE: YEA: Gabriel, Knackstedt, Marquis, Molloy, Porter, Navarre, Bookey a, 2015 Page 16 of 53 MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2812 -2015 — Accepting and Appropriating a Federal Grant From the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State Library for Employee Travel and Training. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2812 -2015; the motion was SECONDED by Bookey. VOTE: YEA: Gabriel, Knackstedt, Marquis, Molloy, Porter, Navarre, Bookey NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2813 -2015 —Amending the Kenai Municipal Code Section 1.15.130 — Telephonic Participation, to Increase the opportunity for Telephonic Participation in Council Meetings by Council Members. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. MOTION: Council Member Navarre MOVED to enact Ordinance No. 2813 -2015; the motion was SECONDED by Gabriel. Council Member Navarre spoke in favor of the ordinance. Council Member Molloy and Marquis spoke in opposition of the ordinance. Council Members Gabriel, Bookey, and Mayor Porter spoke favor of certain components of the ordinance, but recommended postponement for a substitute ordinance to reflect amendments. MOTION TO AMEND: Council Member Navarre MOVED to amend Ordinance No. 2813 -2015, 1.15.130 (0) to read as follows: A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1 st of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or extended care and treatment or death of the member's immediate family, or that the member is traveling on City mai Council Meeting Page 3 of 9 4, 2015 Page 17 of 53 MOTION TO AMEND THE AMENDMENT: Council Member Navarre MOVED to amend the amendment by striking, "or that the member is traveling on City business "; the motion was SECONDED by Gabriel. VOTE ON AMENDING AMENDMENT: YEA: Gabriel, Knackstedt, Marquis, Porter, Navarre, Bookey NAY: Molloy MOTION PASSED. VOTE ON AMENDMENT AS AMENDED: YEA: Gabriel, Knackstedt, Marquis, Porter, Navarre, Bookey NAY: Molloy MOTION PASSED. MOTION TO AMEND: Council Member Navarre MOVED to amend Ordinance No. 2813 -2015, 1.15.130 (Q) by striking, ", or anytime a member is in the State Capital during a regular or special legislative session; the motion was SECONDED by Knackstedt. VOTE ON AMENDMENT: YEA: Gabriel, Knackstedt, Marquis, Porter, Navarre, Bookey NAY: Molloy MOTION PASSED. MOTION TO AMEND: Council Member Navarre MOVED to amend Ordinance No. 2813 -2015, 1.15.130 by inserting a new (P) stating the following: A Council Member may attend an unlimited meetings by teleconference when traveling on City business.; the motion was SECONDED by Gabriel. MOTION TO AMEND AMENDMENT: Council Member Navarre MOVED to amend the amendment by inserting, "council approved" after the words, "traveling on "; the motion was SECONDED by Gabriel. VOTE ON AMENDMENT TO AMENDMENT: YEA: Porter, Navarre, Gabriel NAY: Molloy, Knackstedt, Molloy, Marquis MOTION FAILED. City of Kenai Council Meeting Page 4 of 9 February 4, 2015 Page 18 of 53 MOTION TO AMEND AMENDMENT: Council Member Navarre MOVED to amend the amendment for 1.15.130 (P) to read as follows: Additionally a Council Member may attend a total of two (2) meetings teleconference within a twelve (12) month period beginning November 111 of each year for a member traveling on City business "; the motion was SECONDED by Gabriel. MOTION TO POSTPONE: Council Member Gabriel MOVED to postpone to the March 4th meeting; the motion was SECONDED by Knackstedt. MOTION TO AMEND POSTPONEMENT: Council Member Bookey MOVED to amend the postponement to the 1st November meeting; the motion was SECONDED by Molloy. VOTE ON AMENDMENT: YEA: Molloy, Bookey NAY: Knackstedt, Marquis, Porter, Navarre, Gabriel MOTION FAILED. VOTE ON POSTPONEMENT: YEA: Molloy, Bookey, Marquis NAY: Knackstedt, Marquis, Porter, Navarre, Gabriel MOTION PASSED. 4. Resolution No. 2015 -06 — Declaring the 1984 Kulman Shaker Plant to be Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed MOTION: Councilor Bookey MOVED to adopt Resolution No. 2015 -06 and requested UNANIMOUS CONSENT; the motion was SECONDED by Gabriel. VOTE: There being no objections, SO ORDERED 5. Resolution No. 2015 -07 — Awarding a Contract to Macswain Associates, LLC for City Owned Lands Appraisal Services for Total Amount Of $49,000. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed City of Kenai Council Meeting Page 5 of 9 February 4, 2015 Page 19 of 53 MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2015 -07 and requested UNANIMOUS CONSENT; the motion was SECONDED by Bookey. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2015 -08 — Approving the Purchase of Eighteen Sets of Firefighter Turnout Gear L.N. Curtis & Sons Utilizing a United States General Services Administration (GSA) Contract. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed MOTION: Council Member Molloy MOVED to adopt Resolution No. 2015 -08 and requested UNANIMOUS CONSENT; the motion was SECONDED by Bookey. VOTE: There being no objections, SO ORDERED. 7. Resolution No. 2015 -09 —Awarding a Contract for the Purchase of a Fire Rescue Boat. Mayor Porter 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. 2015 -09 and requested UNANIMOUS CONSENT; the motion was SECONDED by Gabriel. VOTE: There being no objections, SO ORDERED. Mayor Porter requested the City Manager's report be moved up to the next item of business. Council Member Molloy MOVED the Mayor's request; Vice Mayor Gabriel SECONDED. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.`Regular Meeting of January 21, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS — None. G. NEW BUSINESS City of Kenai Council Meeting Page 6 of 9 February 4, 2015 Page 20 of 53 1. *Action /Approval — Bills to be Ratified. Bills were approved by the consent agenda. *Ordinance No. 2814 -2015 — Increasing Estimated Revenues and Appropriations by $130,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Tie In of the New Water Production Wells to the City's Water Treatment Facility. Introduced by the consent agenda and set for public hearing on February 18, 2015. 3. *Ordinance No. 2815 -2015 — Sun Setting the Library Commission and Repealing Kenai Municipal Code Chapter 1.57 Entitled, "Library Commission ". Introduced by the consent agenda and set for public hearing on February 18, 2015 [Clerks Note: Council Member Bookey departed meeting.] 4. Action /Approval — Mayoral Nomination and Council Confirmation of Appointing Bill Nelson to the Cook Inlet Regional Citizens Advisory Council as the Alternative for John Williams. MOTION: Council Member Gabriel MOVED to confirm the Mayors nomination to appoint Bill Nelson as the alternative for John Williams on the Cook Inlet Regional Citizens Advisory Council; the motion was SECONDED by Marquis. Molloy requested to abstain from voting due to a conflict of interest, the Mayor concurred. VOTE: YEA: Porter, Gabriel, Knackstedt, Marquis, Navarre NAY: MOTION PASSED. Action /Approval — Second Extension to the Agreement for the Airport Security Guard Service. MOTION: Council Member Knackstedt MOVED to approve the Second Extension to the Agreement for the Airport Security Guard Service and requested UNANIMOUS CONSENT; the motion was SECONDED by Gabriel. VOTE: There being no objections, SO ORDERED. City of Kenai Council Meeting Page 7 of 9 February 4, 2015 Page 21 of 53 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Next meeting to be held on March 12th 2. Airport Commission — Commissions next meeting to be held on February 12th. 3. Harbor Commission — Commission has a work session scheduled to prior to its regularly scheduled meeting on February 91h 4. Library Commission — No report. 5. Parks and Recreation Commission — Commission will meet on February 5th Council Member Marquis noted he will not be able in attendance. 6. Planning and Zoning Commission — Commission met on January 26th, held election of officers, Commissioner Twait was elected as Chair and Commissioner Fikes was elected as Vice Chair. Commission reviewed a plat that was moved to the Borough for approval. 7. Beautification Committee — Commissioner Lisa Gabriel gave a presentation on the field of flowers and will be presenting to Council at the March 41h meeting. 8. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • The passing of Commissioner Bryson who served on the Planning and Zoning Commission for 34 years and 30 years at the Borough, requested the Clerk have a on behalf of the City at Leif Hanson Park. • Attended the public meeting regarding the one way street direction. • Governors Ball well attended. • Helped judge the Boys and Girls Club member of the year. • Met with Kenai Performers to donate property for building. • Library ordinance will be have a substitute. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Kenai Performers have requested property to be donated to build a building. • Local dentist is interested in leasing property to expand a dental office. • Chief Sandahl was re- nominated today by the Governor. • Winter AML Conference. • Public meeting about changing direction on one way street in old town Kenai. • Updated Council on Enstar and Beaver Loop projects. 2. City Attorney- No report City of Kenai Council Meeting Page 8 of 9 February 4, 2015 Page 22 of 53 3. City Clerk noted it was Amber's last meeting and reminded Council of the Employee Appreciation event on February 27th. Mayor Porter noted she will be swearing in a new police officer on Tuesday the 101h at 3pm. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Tim Colbath, Borough Resident, thanked City Manager for his report and stated his issues with the Kenai Animal Shelter accepting Borough animals and the closing of the drop off boxes. 2. Council Comments Councilor Knackstedt extended remembrance of Phil Bryson and was honored to sit on the Planning and Zoning Commission with him; attended the Governor Ball and found Governor and Lt. Governor Ball approachable; advised Kenai Historical Society will meet Sunday at the chamber. Council Member Molloy extended his condolences to the Bryson family and thanked KCHS band for their performance and the public for coming to speak. Councilor Marquis stated the City should not be involved with animal control in the borough and extended his condolences to Bryson family. Vice Mayor Gabriel extended his condolences to the Bryson family and stated he will be greatly missed, also attended the Governors Ball and thanked the KCHS band for playing. Councilor Navarre attended the Governors Ball, thanked Amber for her time with the City and reminded the community of Phil Bryson and the time he put into the City. L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:06 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of February 4, 2015. Sandra Modigh, CMC City Clerk City of Kenai Council Meeting Page 9 of 9 February 4, 2015 Page 23 of 53 [PAGE LEFT BLANK INTENTIONALLY] Page 24 of 53 r 2 U� O N Q W z 0 O � U a � r z w � N O a Z 0 r a U LI. r J U M O O a a L o W N U Q Z °0 a S U � =a Sly �m °• w o w 0 o Ll �O T W Z p Ow rul J 1 Z 0 V) O z Of CL v > a 0 0 a M N O O O z O O Z 7 Q O O Ql O Q N N w r a 0 � 0 0 Q N O L) Z O r r a > > U U C7 N N c > > O O O O O a N R 0 N N N N } r w W r O W Q K w a a } } z LU C LL LL y > O a a 3 W > a a Page 25 of 53 O O O O O a N R 0 N N N N } r w W r O W Q K w a a [PAGE LEFT BLANK INTENTIONALLY] Page 26 of 53 N r O N OD Q' d Q' m w LL LL O CD z F- W W J zz O U F z m O a z z O U U Q F- a. W a 5 N N Oi N Cl) N W J IL a U) O z LU W d O F- af O CL w El z O F- O ¢N W K } J a a F- W a z W O U) 5 Page 27 K W K O W 0) Q S U 7 IL O z F- y X W LL O W [PAGE LEFT BLANK INTENTIONALLY] Page 28 of 53 M CITY OF KENAI NO. 2816 -2015 Sponsored by: City Attorney AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 23.35.020- CAUSES FOR WARNING, SUSPENSION, OR DISMISSAL, TO ADDRESS NEW STATE LAWS ON MARIJUANA. WHEREAS, Ballot Measure 2 - An Act to Tax and Regulate the Production, Sale and Use of Marijuana was passed by voters in the last state election and provides in part for limited legalization of personal use and possession of marijuana; and, WHEREAS, use and possession of marijuana is still prohibited by federal law and the City has obligations to prohibit marijuana use and possession in the workplace for federal funding requirements and certain licensed positions; and, WHEREAS, based on recent state legislative proposals it is unclear if marijuana will continue to be listed as a controlled substance under state law; and, WHEREAS, for purposes of safety and due process it is the best interest of the City to amend its code to clarify that with very limited exceptions, marijuana use, consumption, impairment and possession is prohibited in the workplace. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 23.35.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.35.020- Causes for warning suspension or dismissal, is hereby amended as follows: 23.35.020 Causes for warning, suspension, or dismissal. (a) When an employee's conduct falls below desirable standards, he or she may be subject to disciplinary action. (b) General reasons for which an employee may be disciplined include: (1) Drinking intoxicating beverages on the job or arriving on the job under the influence of intoxicating beverages. [OR SUCH DRUGS]. (2) Use consumption, or possession of marijuana, (including every compound manufacture derivative mixture or preparation of the plant, its seeds or its resin including marijuana concentrate,) on the iob or arriving on the iob impaired by the same, unless the employee has a medical prescription for New Text Underlined; [DELETED TEXT BRACKETED] Page 29 of 53 Ordinance No. 2816 -2015 Page 2 of 3 mariivana from a licensed medical practitioner as a part of a medical treatment and can perform work unimpaired. (3) Illegal use, consumption or possession of any controlled or illegal substance on the job or arriving on the Job impaired by the same. (4) Ingestion, of any prescription or over the counter medication in amounts beyond the prescribed or recommended dosage on the iob, or arriving on the iob impaired by the same. JEITHER ON THE JOB OR WITHIN EIGHT (8) HOURS BEFORE REPORTING TO WORK, OF ANY CONTROLLED OR OTHER DANGEROUS SUBSTANCE, UNLESS PRESCRIBED BY A LICENSED MEDICAL PRACTITIONER.] Employees shall notify their immediate supervisor when required to use prescription medicine that they have been informed has the potential to impair job performance. [NO EMPLOYEE SHALL INGEST ANY PRESCRIBED OR OVER -THE- COUNTER MEDICATION IN AMOUNTS BEYOND THE RECOMMENDED DOSAGE.1 (5) Violation of a lawful duty. (6) Insubordination. (7) Breach of discipline. (8) Being absent from work without first notifying and securing permission from the employee's supervisors. (9) Being habitually absent or tardy for any reason. (10) Misconduct. (11) Conviction of a felony or a misdemeanor involving moral turpitude. (12) Using religious, political, or fraternal influence. (13) Accepting fees, gifts, or other valuable things in the return for performance of the employee's official duties for the City. (14) Inability to perform the assigned job. (15) Political activity as restricted by the Charter. (16) Failure to follow the City's Drug. A[A]lcohol, and Mariivana [SUBSTANCE ABUSE AND TESTINGI policy as set forth in the City of Kenai Employee Handbook. (17) Knowingly or negligently failing to follow Federal and State occupational safety and health regulations and City law and policy regarding the same. Section 3. Severability:That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED[ Page 30 of 53 Ordinance No. 2816 -2015 Page 3 of 3 Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2015. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: February 18, 2015 Enacted: March 4, 2015 Effective: April 3, 2015 New Text Underlined; (DELETED TEXT BRACKETED] Page 31 of 53 "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Scott Bloom, City Attorney SS DATE: February 12, 2015 SUBJECT: Ordinance 2816 -2015, Amending KMC 23.35.020 This Ordinance amends KMC 23.35.020- Causes for Warning, Suspension or Dismissal, to recognize the new status of marijuana under state law. Proposition 2, which was passed by Alaskan voters at the last election, specifically allows for employers to regulate marijuana in the work place. Under federal law, marijuana remains an illegal substance. Many of the City's federal grants require the City to maintain a drug free workplace. For this reason, as well as employee and public safety concerns, I think it is in the City's best interest to prohibit use, consumption or possession of marijuana at the work place or while on the job as well as being impaired on the job. The amendment to Subsection (b)(1) of KMC 23.35.020 removes the language `or such drugs" because "drugs" are discussed in more detail in later sections of the ordinance. Additionally without a definition which is not provided, the phrase is of little value as used in its current context. The amendment to Subsection (b)(2) specifically addresses the workplace prohibition on use, consumption, possession of marijuana and impairment by marijuana except when it is prescribed by a licensed medical practitioner as part of a medical treatment and does not cause impairment. The amendment to Subsection (b)(3) addresses the prohibition with regard to "drugs" described as controlled or other illegal substances. Subsection (b)(4) is amended to address prescription and over the counter drug use. The amendments primarily address the City's concern with behavior at work, deleting references to employee behavior outside of work hours. Subsection (b)(16) is amended to reference the City's new "Drug, Alcohol and Marijuana" policy, as opposed to the old "Drug and Alcohol" policy. Page 32 of 53 CITY OF KENAI NO. 2817 -2015 Suggested by: Mayor AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING FUNDS IN THE GENERAL AND PARKS IMPROVEMENT CAPITAL PROJECT FUNDS IN THE AMOUNT OF $20,000 FOR PURCHASE AND INSTALLATION OF A GAZEBO AT THE SITE OF THE CITY'S FIELD OF FLOWERS. WHEREAS, the City's Field of Flowers, was extremely popular with City residents and non -City residents alike; and, WHEREAS, many residents and visitors entered onto the Field of Flowers to take pictures and enjoy the area; and, WHEREAS, the City's Beautification Committee has discussed and recommended to the Council that a small Gazebo be installed on the Field of Flowers to enhance the use of the area; and, WHEREAS, a small gazebo that is movable, and temporary in nature complies with FAA requirements regarding casual use of Airport property by 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: Transfer to Parks Improvement Capital Project Fund Parks Improvement Capital Project Fund Increase Estimated Revenues: Transfer from General Fund Increase Appropriations: Construction Page 33 of 53 $20 000 $20.000 1 ��1 Ordinance 2817 -2015 Page 2 of 2 Section 3. That pursuant to KMC 1.15.070(f) this Ordinance shall take effect upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2015. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: February 18, 2015 Enacted: March 4, 2015 Effective: March 4, 2015 New Text Underlined; (DELETED TEXT BRACKETED] Page 34 of 53 Suggested by: Administration CITY OF KENAI NO. 2818 -2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING AIRPORT FUNDS FOR AIRPORT APRON IMPROVEMENTS AND IMPROVEMENTS TO UTILITIES SERVING AN AIRPORT LEASE LOT, WHEREAS, A lease tot on the Airport is being developed to construct an air -side support facility; and, WHEREAS, the area of the lease lot and adjacent Airport lands had in the past been utilized as a borrow source and waste disposal area; and, WHEREAS, the additional work performed as a result of unforeseen conditions on the lease lot resulted in the lease credits for the lease lot being extended from 5 years to 10 years; and, WHEREAS, there was additional work required to reconstruct a portion of a taxiway and to install a new sewer service to the lease lot, both wholly on Airport lands; and, WHEREAS, additional costs to the developer for taxiway reconstruction and installation of a new sewer service connection are not included in future lease credits; and, WHEREAS, additional costs for work related to Airport property and improvements 1. Construction of new sewer service connection $ 13,000 2. Reconstruction of taxiway shoulder and subgrade $ 10,000 materials 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: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Other Buildings & Areas - Improvements $23.000 Page 35 of 53 Ordinance 2818 -2015 Page 2 of 2 Section 3. That pursuant to KMC 1.15.070(f) this Ordinance shall take effect upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2015. ATTEST: Sandra Modigh, City Clerk Approved by Finance: PAT PORTER, MAYOR Introduced: February 18, 2015 Enacted: March 4, 2015 Effective: March 4, 2015 New Text Underlined: ]DELETED TEXT BRACKETED] Page 36 of 53 "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907- 283 -3014 �III�I 1992 MEMOO TO: City Council FROM: Rick Koch DATE: February 13, 2015 SUBJECT: Ordinance 2818 -2015 Administration will provide a detailed cover memorandum for the above referenced ordinance for the March 4, 2015 regularly scheduled meeting when this will be considered by Council. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. Page 37 of 53 [PAGE LEFT BLANK INTENTIONALLY] Page 38 of 53 M "Villaye with a Past, Ci� wiM a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �III�I 1992 MEMO: TO: City Council FROM: Rick Koch DATE: February 10, 2015 SUBJECT: Item G5. Request for Donation of City Land The purpose of this correspondence is to request direction from the City Council regarding a request from the Kenai Performers for a donation of City land located on the Spur Highway and Evergreen Street. The Kenai Performers have requested that the City consider a donation of approximately 2 Acres of land. This would require a re- subdivision of two City owned parcels at that location. Please find attached a map showing the location of the property. In the event that The Council directs Administration to move forward with this donation it could be through a transfer of ownership to the Peninsula Performers or as a long term lease at a nominal annual rate. Thank you for your attention in this matter. If you have any additional questions, please contact me at your convenience. Page 39 of 53 9(71 P.O. Box 914 Kenai, AK 99611 Dear Councilmen /women, Jan. 5, 2015 I serve as president of Kenai Performers' board of directors. I'm writing on behalf of Kenai Performers and its board of directors, requesting that the City consider donating a city -owned parcel of 2 acres to our non - profit for the purpose of constructing a permanent home for Kenai Performers. Kenai Performers has been a self- sustaining, community based non - profit for 45 years. We produce, promote, and perform high - quality, live theater on Alaska's Kenai Peninsula. We are arts - oriented, and our goals include establishing a permanent space in which to grow our local theater, while also being inclusive of all arts within our community. Having a permanent home for Kenai Performers would greatly benefit the Kenai Peninsula communities because with a permanent home, folks on the Peninsula could look forward to many, many more high quality productions delivered by our own local actors, directors, musicians, and stage crews. Short term plans would include; our budget of $180,000 for immediate land improvement, foundation, and initial structure. Although we feel certain that this could be accomplished on Page 40 of 53 the 2 acre parcel being requested by summer's end, 2015, we would request that we be given up to one year for this phase's completion. Extended /Long -term plans would include; a community space in which art could be produced daily. These goals include live theater productions, children's' workshop, seminars, art exhibits, community functions, and more. Having a space that would be inclusive to the many other talented artist in our community is important to Kenai Performers because when the arts thrive, communities thrive. We ask that you consider modifying the below listed parcels into a single, surveyed, 2.0 acre parcel that is accessible from both Kenai Spur Highway and Evergreen St., in North Kenai. Parcels requested for re- survey: # 04314101 and #0431410 We will submit a detailed project description upon notice of consideration by you, the Council. Humbly Yours, Sally Cassano Page 41 of 53 I Nl'390[WOO --Is ills N; I 1511!95 6 a' a 'I vo x - -. is 111D - is 111D _ I W a. Y7 a O I I i i is A3lNIa9N - is_A31NIXDW a � Id a� 1Nra9 ,�•,o' W LL G V a311rH is a3llrH 315 a3rnN I Nl'390[WOO LL D z ! � p i, N 15 N33a9a3A9 i N Q C 64 P <6 �a r S $ t .M / • 'J l _ K L q \� Y/ W Q N /W V L L LL- -p a �L a a Y --Is ills N; I 1511!95 6 a' a � saLMO Clp r W a. Y7 a a. N is a3nvN LL D z ! � p i, N 15 N33a9a3A9 i N Q C 64 P <6 �a r S $ t .M / • 'J l _ K L q \� Y/ W Q N /W V L L LL- -p a �L a a Y CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS FEBRUARY 11, 2015 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES CALL TO ORDER Commissioner Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: D. Fikes, G. Pettey, K. Peterson, J. Twait, J. Glendening, N. Kiel Staff /Council Liaison present: City Planner M. Kelley, Council Liaison H. Knackstedt, City Clerk S. Modigh, Planning Assistant W. Anderson A quorum was present. c. *Excused Absences — Diane Fikes d. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda with the included laydown and Commissioner Glendening SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Pettey SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES —January 28, 2015 Approved by the consent agenda. Page 43 of 53 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. Discussion —Personal Use of marijuana to begin February 24, 2015 Police Chief Sandahl and City Attorney Bloom provided an overview of the legislation as currently presented and the timeline of effective dates. The pros and cons were discussed of other states /communities which have legalized marijuana related to regulation, licensing, safety and criminal activity. b. Yearly review of 2003 Comprehensive Plan — Chapters 1 through 3 Administration advised the Kenai Municipal Code requires the Commission complete an annual review of the Comprehensive Plan and suggested the Commission review a few chapters at each meeting, then conduct a work session to discuss proposed revisions, if any. Administration and the Commission reviewed chapters 1 through 3 and discussed options on how the Commission could move forward with proposed amendments following review. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Council Member Knackstedt reported on the February 4 council meeting action agenda included in the commission meeting packet. b. Borough Planning — No report. c. Administration —Attended the storm water training provided by the Kenai Watershed Forum. Advised Council is reviewing its telephonic participation ordinance and was unsure if this is something the Commission would like to review related to its regulations. Reported the Planning Department proposed budget for FYI had been submitted. 11. PERSONS PRESENT NOT SCHEDULED: Planning and Zoning Commission Meeting February 11, 2015 Page 2 Page 44 of 53 Kristine Schmidt, Kenai resident spoke in opposition to the development method used for the 2013 Plan and requested the Commission review Soldotna's process and recommended an established outline for review and public comment. 12. INFORMATIONAL ITEMS: a. 2014 Annual Report — Extraction of Natural Resources 13. NEXT MEETING ATTENDANCE NOTIFICATION: February 25, 2015 14. COMMISSION COMMENTS & QUESTIONS Commissioner Glendening, Petty and Kiel thanked administration for the overview of the Plan and for public comment provided by Ms. Schmidt. Twait inquired about filling the vacancy's for both the Borough and Kenai commissions. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:54 p.m. Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk Page 45 of 53 Planning and Zoning Commission Meeting February 11, 2015 Page 3 [PAGE LEFT BLANK INTENTIONALLY] Page 46 of 53 � it § S } ce k 0 2 § �j k .0 ■ \ ) ) � § \ 9 \ z § \ , j g @ < 5 \ 4 » $ « ) ( m § z 0 m m w @ < § \ k Zi 2 z D \ z k \ \ § \ z z \ \ e / CO } \ / } \ / / w \ } z I 7 z < ( y IL / S 2 CO » @ L § I j \ < m < \ \ \ } ) K \ \ m e e < \ w } ( ( z ƒ k ± \ \ g z ± G ■ \ ) ) � § \ 9 CO z § \ , j g @ < 5 \ 4 » $ « } < > < < ( m § e \ k 0 a of 53 [ § / k \ \ § / CO } ( / } m � I 7 z g y [ / CO § I j < m < \ \ \ } K \ \ \ ) ) � § \ 9 Lu z § \ , j g @ < 5 \ 4 » $ « } < > < < 2 , Cl) / ( § e \ k 0 a of 53 [PAGE LEFT BLANK INTENTIONALLY] Page 48 of 53 1 A AM O_ LA January 29, 2015 Alaska Hotel & Lodging Association City Clerk City of Kenai To Whom It May Concern: Per application requirements for Gaming activities, more specifically raffles, being conducted within you region under our Gaming permit; we are forwarding you a copy of our application. This keeps us in compliance with State requirements and regulations. If you have any questions or concerns, please call my office at 907- 272 -1229. Best, f%l (' Alicia altby Executive Director An nn NOW & Mging Asae:iaiion Page 49 of 53 fu, 02 Organization Information Gaming Permittee Application 1 2015 Federal EIN "renewing, enter gaming permit # Phone Number Fax Number 92 -0125051 39 (907) 272 -1229 (907) 272.1289 Organization Name Website address Email address Alaska Hotel and Lodging Association www.akhla.org alicia @akhia.org Mailing Address Email City state jZlp Code 330 E. 4th Avenue Anchorage AK 99501 Entity Type (check one) Organization Type (check one) for definitions see AS 05.15.690 and 15 AAC 160.995. 0 Corporation 0 Charitable 0 Fraternal Police or fire department 0 Partnership P ❑ Civic or service .. ❑Labor ❑Political Or Association 0 Dog mushers' association 0 Municipality 0 Religious 0 Educational O Nonprofit trade association 0 Veterans 0 Fishing derby association 0 Outboard motor association 0 IRA/Native Village fr'vDOes the orgeniration have 25 or more members, as defined in yourarUdes of inwrporaeon a bylaws, who mAiaska msitleng? O Yes 0 No Members in Charge of Games Members in charge must be natural persons and active members of the organotation or employees of the municipality and designated by the organization. Members in charge may rot be licensed as an operator, be a registered Pull -tab vendor or an employee of a vendor for this organization. If more than one aftemate, see& a separate sheet. Primary Member First Name M.I. Primary Member Last Name Aftemate Member First Name M.l. Alternate Member Last Name Alicia J Maftby IQrsten Myles Social Security Number Email Social security Number Email alicia @akhla.org kmyles @alaskacharr.com Daytime Phone Number Cell Number Fax Nber Dayrane Phone Number Cell Number Fax Number (907) 272 -1229 (907) 252 -8111 (907) 2um72 -1289 (907) 274$133 Home Mailing Address Home Mailing Address 11800 Northern Raven Drive 473 Dailey #1 City State Zip Code City State Zlp Code Anchorage 99516 Anchorage AK 99515 Has the primary member passed the Is Permit# under which test Has the alternate member passed the test? Permit # under which test Yes ❑ No was taken: 39 0+ Yes ❑ No wastaken: 346 Legal Questions `These questions must be answered. if you answer Yes to either question, see instructions. ❑ Yes :❑ No Does any member of management, or any person who yes © No Has any member of management, or any person who is is responsible for gaming activities, have a prohibited responsible for gaming activities, ever been convicted of conflict of interest as defined by 15 AAC 160.954? a felony, extortion, or a violation of a law w ordinance of this state, cranotherjurisdiction, that is a crime involving theft or dishonesty, or a violation of gambling laws? Yye declare, under penalty of unworn felsMcedon, that we have examined this appgaadon, including any attachments, and that to the ties Of our knowledge and belief, 7t fs true and complete. We understand that any false statement made on the applicadon or any adachments I un/shable bylaw. By our signatures below, we, the primary member, the alternate member, and ifapplicable, the manager of gaming, agree el!htft DeparhnepLof Revenue to review any criminal history we may have, in accordance with 15 AAC 160 -934. DEPAIMIEW USE ONLY Pay online with OTIS at wwwtax.alaska.gov or make check Permit Fee Validation # payable to State of Alaska. New applicants must pay by The permit fee is based W the 2014 estimated check. rocs Feceilits. Check the aixxxviato box. Email Address: dortax.gamingoalaska.gov Mail to: Alaska Department of Revenue, PO Box 110420, Juneau AK 99811 -0420 0 Newapplicant $20 0 $0 - $20,000 $20 0 $20,001- $100,000 $50 ❑ $100,001 or more $100 0405 -626 Rev 09130114 - page 1 Page 50 of 53 F,m826 I Gaming Permittee Application 1 2015 Gaming Permit # Organization Name 39 1 Alaska Hotel and Lodging Association Facility -Based Games (self - directedl If more than twn fA61 ia_e a1Mnh a um.nm Facility Name Physical Address City Stall Zip Code Game type (check all that apply) ❑ Raffle ❑ Contest of ski71 ❑ Fish derby ❑ Dog musher' contest Anchorage ❑ Special draw raffle -- ❑ Big Bull Moose Derby ❑ ClassiclOmer (specify) AK Zip Coded Facility Type (check one) Game Type (check all that apply) ❑OWW ❑Leased ❑Donated ❑Bingo ❑Raffle ❑Pull -tabs ❑Animal classic (chicken)' ❑Animal classic (rat racer ❑Calcutta pod- - Facility Name Phys&al Address City Steta Zip Code 99503 Bar or Liquor Store Name Physical Address AK State Facility Type (check one) Game Type (check all that apply) Downed ❑Leased ❑Donated ❑ Bingo❑ Raffia ❑ Pull-tabs ❑Animal classic (chicken)* ❑Animal classic(ret race)' ❑ Calcutta poor, Area -isaseu (lames If more than two auras. aft h a swnararo chwwt Area Game type (check all that apply) Q Raffle ❑ Contest of skill ❑ Fish derby ❑ Dog musher' eontest Talkeetna ❑ Special draw raffle— ❑ Big Bull Moose Derby ❑ ClassiolOther (specify) 's'r� Game type (check all that apply) ❑ Raffle ❑ Contest of ski71 ❑ Fish derby ❑ Dog musher' contest Anchorage ❑ Special draw raffle -- ❑ Big Bull Moose Derby ❑ ClassiclOmer (specify) Manager of Gaming Required only for self -directed null-tabs and binoo_ Manager First Name MI Manager Last Name Social Security Number Daytime Phone Number Home Mailing Address Email Mobile Phone City State Zip Coded Has the manager of gaming passed the test? ❑ Yes ❑ No Permit # under which test taken Venuur mrormaiton Attach 2015 vendor realstration fomr(sl and feefsl fnr wash oandnr ff tad e>i,.w Bar or Liquor Store Name Physical Address City State Zip Code Roseland Inc., dba Blue Fox 3461 E. Tudor Road Anchorage AK 99507 Bar or Liquor Store Name Physical Address City State Zip Code Reilly's Irish Pub 317 W. Fireweed Lane Anchorage AK 99503 Bar or Liquor Store Name Physical Address City State Zip Code Asia Gardens 7828 Old Seward Highway Anchorage AK 99518 Bar or Liquor Store Name Physical Address City State Zip Code AK Bar or Liquor Store Name Physical Address City State Zip Code AK Vperator Intormathon Designate operator who will conduct actiftes on i a organization's behalf. Attach signed operating contact(s). If more than one operator, operator location or game type, attach a sebarete steel Operator License # Operator Facility Name Game Type(s) Physical Address Cky State Zap Code mumpie- tsenenciary i-ermittee mtormation (map) Designate the MBP with which the omanization has sinned a oarmershin or joint vwnh,rw anrww,.,>nt MBP Permit # IMBP Name Facility Name Game Type(s) 1503 Boniface Bingo Bingo Physical Adtlress Ciry State Zip Code 360 Boniface Parkway Anchorage AK 99504 I.ieutcaUon or tier YroceeoS Describe in detail how the organization will use the net proceeds from gaming actNrtles. The net proceeds from gaming activities will be used to provide services and benefits to the members of the Alaska Hotel 8 Lodging Association. 0405 -826 Rev 09/30/14 - page i Page 51 of 53 Denali Borough Denali National Park Fairbanks City of Ketchikan City of Seward Kodiak Copper Center Mat -Su Borough City of Kenai City of Soldotna City of Homer Kenai Peninsula Borough Page 52 of 53 Raffle Raffle Raffle Raffle Raffle Raffle Raffle Raffle Raffle Raffle Raffle Raffle [PAGE LEFT BLANK INTENTIONALLY] Page 53 of 53 FEBRUARY 18, 2015 CITY COUNCIL MEETING REQUESTED ADDITIONS TO THE AGENDA/PACKET: ITEM: G.6 Action /Approval - Directing the City Manager to Enter into Negotiations for Donation or Lease of City Land to Kenai Performers. REQUESTED BY: Memorandum Addressing Council Member Questions Administration G.7 Action /Approval - For a Non - Exclusive Easement to Alaska Pipeline Company for a Natural Gas Transmission Main through Lands Owned by the City of Kenai under the Kenai River. • Memorandum and Supporting Documents Administration u "'Villa9e with a Past, IC# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �IIIII 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matt Kelley, City Planner DATE: February 18, 2015 SUBJECT: Action /Approval Item G6 — Consider Donation or Lease of City owned Land to Kenai Performers The purpose of this memorandum is to provide information to the City Council to address questions raised regarding Item G6. 1. What is the zoning of the parcel that Kenai Performers wants donated? The subject parcels are zoned Rural Residential 1 2. What is the Borough assessed value? KPB Parcel Number 04314101 (207 Evergreen Street) which fronts Evergreen Street has an assessed value of $29,100. KPB Parcel Number 04314102 (12848 Kenai Spur Highway) has an assessed value of $38,900. Corner of Evergreen and Kenai Spur Highway. 3. Is Kenai Performers tax exempt so they wouldn't pay property taxes? Not necessarily, according to the Kenai Peninsula Borough Assessing Department, they may be subject to property taxes depending on their operation. They would need to apply to the Borough for an exemption and they would evaluate the application on its own merits. Thank you for your consideration. "'*Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111. r 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matt Kelley, City Planner DATE: February 18, 2015 SUBJECT: Action /Approval Item —Alaska Pipeline Company Easement The purpose of this memorandum is to introduce an Action /Approval Item for the City Council. Alaska Pipeline Company has proposed to place a 16 -inch diameter high pressure gas transmission line from the Cook Inlet Natural Gas Storage Alaska (CINGSA) facility to the A/B transmission pipelines. The route of this line is proposed to begin at the CINGSA facility at the northeast corner of Beaver Loop Road and Bridge Access Road. It is proposed to extend approximately 1.9 miles south within the Alaska Department of Transportation and Public Facilities right -of -way to Kalifornsky Beach Road (K- Beach). At K -Beach Road it would be located within the K -Beach Road right -of -way, extending to the south Alaska Pipeline Company is requesting a natural gas utility easement to be placed within the submerged lands under the Kenai River. The easement would be located parallel with an offset of five (5) feet from the edge of the right -of -way along the east side of Bridge Access Road. The easement would extend a distance of nine hundred and fifty (950) feet in length from the High Tide Line on the North bank to the South bank. Thank you for your consideration. IRA "'Villa 9e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Te phoneR ax: 907-283-3014 1III�� CITY �WW; Qgnai. .us 1992 FEB 10 1015 PLANNING DEPARTMENT CITY OF KENAI EASEMENT APPLICATION Date 2/10/2015 RECEIVED C7TR , `�a.�I ,... , 11? u15 _ `� ^ARTMEIyT I. Name of Applicant Alaska Pipeline Company (attn. Jennifer Diederich, ROW Supervisor) 2. Business Name Alaska Pipeline Company, a subsidiary of SEMCO Energy, Inc. 3. Mailing Address P.O. Box 190288, Anchorage, AK 99519 -0288 4. Telephone 907 - 334 -7753 Email AddressJennifer. diederich @enstarnaturalgas.cotn 5. Legal Description Please see attached letter and figures KPB Parcel No. N/A 6. Property Address Bridge Access Road 7. City of Kenai Zoning Residential 8. Application Approved by: Planning & Zoning Legal Department Airport City Lands City Manager Public Works (Construction easements have an additional form to complete with Public Works Department) The following information must be provided before your application will be considered for processing Do not submit your application until it contains the required information Attach the following • Detailed description of the proposed easement. • Map of the area. • Metes & bounds description of proposed easement. • Easement drafted for approval must meet Recording Office requirements and be submitted in hard copy & e -mail to nearver(dci.kenai.ak.us INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED 1 certify that the information provided is accurate to the best of my knowledge. Applicant Date .44u/ r WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283 -8237 TO SCHEDULE AN APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION. 1/19/2010 Auu`< PIM4 E CWAMr :. v �r� February 10, 2015 Mr. Matt Kelley, City Planner City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mr. Kelley: Alaska Pipeline Company A SUUMANY 0i SEMCO ENERGY, INC. P.O. Box 19D288 401 E. hnternational Airport Rd. Anchorage, Alaska 99519 Alaska Pipeline Company (APC) proposes to place a 16 -inch diameter high pressure (1,480 psi) gas transmission line from the Cook Inlet Natural Gas Storage Alaska, LLC (CINGSA) compressor facility to the APC AB transmission pipelines. The route of this line would begin at the CINGSA facility site at the northeast corner of the intersection of Beaver Loop Road and Bridge Access Road. It would extend approximately 1.9 miles to the south within the Alaska Department of Transportation and Public Facilities (ADOT &PF) Bridge Access Road right -of- way (ROW). At Kalifornsky Beach (K- Beach) Road it would be located within the K -Beach Road ROW, extending to the south approximately 2.0 miles. Enclosed for your consideration is an application for an easement across approximately 0.65 acre (950 FT by 30 FT) of submerged lands under the Kenai River within the City of Kenai. This is located in the NE' /4 Section 16, T. 5 N., R. 11. W., Seward Meridian and shown on the attached Figure 1. The 2,500 -foot or longer HDD would place the pipeline beneath the Kenai River and at least 1,500 feet of adjacent wetlands. The pipeline would be located entirely within the adjacent right -of -way of Bridge Access Road. The south and north ends of the HDD would be greater than 400 feet and 900 feet away from the high tide line, respectively. The HDD and pipeline would be at least 20 feet below the bed of the river. A typical section of this HDD under the Kenai River is included as Figure 2. APC initially applied for an easement with the Department of Natural Resources for the submerged lands under the Kenai River; however these lands have been transferred to the City of Kenai. If you have any questions for require additional information or detail, please let me know. I can be reached at 907 - 344 -7753 or by e-mail at Jennifer. diederichCa?enstamaturaleas.com. Sincerely, Jennifer Diederich Right of Way Supervisor ENSTAR Natural Gas Company Enclosures: City of Kenai Easement Application & Drawings of Project i KENAI CITY OF k ASF STATE DNR ALASKA STATE DNR Approx. 28,500- square -foot (0.65 -acre) Easement for Pipeline Crossing Under Kenai River (950 feet by 30 feet) enat Figure 1. Location of Pipeline HDD Crossing Under Kenai River NE 1/4 Sec. 16, T. 5 N., R. I I W., S.M. CINGSA Lateral Project Alaska Pipeline Company` "- CINGSA Lateral Pipeline Route Pipeline HDD Section Lines High Tide Line N Temporary Construction Easement Parcel Boundaries 0 500 1,000 2,000 Feet cD 'v e. STATE DNR ;•STATE DNR :* � ALASKA STATE DNR Alaska Pipeline Company RIGHT -OF -WAY EASEMENT CITY of KENAI whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, hereinafter called GRANTOR, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby convey to Alaska Pipeline Company, whose address is P.O. Box 190288, Anchorage, Alaska 99519 -0288, hereinafter called GRANTEE a nonexclusive easement to construct, lay, maintain, operate, alter, repair, remove, and replace the pipelines, thereto for the transmission of natural gas under, upon, over and through lands which the Grantor owns or in which the Grantor has an interest, situated in the Kenai Recording District, Third Judicial District, State of Alaska, described as follows: A Twenty Foot (20 FT) wide natural gas easement within the submerged lands under the Kenai River, within the E'h NE' /< Section 16, Township 5 North, Range 11 West, Seward Meridian; all located within the Kenai Recording District, Third Judicial District, State of Alaska, and more particularly described as follows: Twenty Foot (20 FT) wide non - exclusive natural gas easement centered on the pipeline along the east side of Bridge Access Road extending from the north bank high tide line to the south bank hide tide line of the Kenai River, approximately Nine Hundred and Fifty Feet (950 FT) in length (hereinafter Easement Property). 1. Purpose. Easement Property shall be used exclusively for the Natural Gas Pipeline crossing the submerged lands under the Kenai River as depicted on Exhibit A and B attached hereto. 2. Assignment Rights. Grantee is hereby expressly prohibited from assigning or conveying any interest in the Easement Property or in the right of way granted by this easement. This easement is conveyed to Grantee, with right of ingress and egress from the Easement Property for the purposes herein granted. 3. No Interference. Said Grantor retains the right to fully use and enjoy the Easement Property except for the purposes herein granted to said Grantee and Grantor shall not construct or permit to be constructed any structures or obstructions on or over said Easement Property that will interfere with the construction, maintenance, repair or operation of pipelines. Grantee hereby agrees to repair or replace in kind related improvements which may arise from the Grantee's reconstruction, maintenance, operation of said lines. Grantee shall not install, maintain, repair or replace said lines that causes or permits the drainage of water onto Grantor's property from adjacent properties or that interferes in any way with any boat traffic on the Kenai River. 5. Protection of Grantor's Improvements. In its use of the Easement Property and in the performance of the work which Grantee is authorized to perform within the Easement Property, Grantee shall use its best efforts to avoid causing any damage to, or interference with, any improvements on or within the Easement Property. 6. Obligations of Grantee. In making use of the Right -of -Way easement, Grantee shall: (a) Use its best efforts to provide for the safety and convenience of all persons using the Easement Property or the improvements installed on the Easement Property by Grantor; and 2 (b) Following initial installations, regularly inspect, and, at all times, maintain gas pipeline and related equipment in good order and repair and in proper operating condition. 7. Environmental Indemnity. (a) Indemnity (i) Grantee hereby indemnifies, defends and holds harmless Grantor from and against any suits, actions, legal or administrative proceedings, demands, claims, liabilities, fines, penalties, losses, injuries, damages, expenses or costs, including interest and attorneys' fees, incurred by, claimed or assessed against Grantor under any laws, rules, regulations including, without limitation, Applicable Laws (as hereinafter defined), in any way connected with any injury or death to or of any person or damage to any property or any loss to Grantor caused by Grantee, its officers, employees, agents, contractors, and invitees occasioned in any way by Hazardous Substances on the Easement Property in violation of Applicable Laws. (ii) This indemnity specifically includes the direct obligation of Grantee to perform any remedial or other activities required, or ordered, by any agency, government official or third party, or otherwise necessary to avoid or minimize injury or liability to any person, or to prevent the spread of pollution, however it came to be located thereon (hereinafter, the "Remedial Work "). Grantee shall perform all such work in its own name in accordance with Applicable Laws (as hereinafter defined). (b) Agency or Third Party Action. Without limiting its obligations under any other paragraph of this easement, Grantee shall be solely and completely responsible for responding to and complying with any administrative notice, order, or demand, or any third party claim or demand relating to potential or actual contamination on the Easement Property. The responsibility conferred under this paragraph includes but is not limited to 3 responding to such orders on behalf of Grantor and defending against any assertion of Grantor's financial responsibility or individual duty to perform under such orders. Grantee shall assume, pursuant to paragraph (a) above, any liabilities or responsibilities which are assessed against Grantor in any action described under this paragraph (b). (c) Release. Grantee hereby waives, releases and discharges forever Grantor from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with Grantee's use, maintenance, ownership or operation of any portion of the Easement Property, any condition of environmental contamination of the Easement Property, or the existence of Hazardous Substances in any state on the Easement Property. Hazardous Substance. "Hazardous Substance(s)" shall mean any substance which at any time shall be listed as "hazardous" or "toxic" under the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. § 9601 et seq., as amended and the Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. § 6901 et seq., as amended, or in the regulations implementing such statutes, or which has been or shall be determined at any time by any agency or court to be a hazardous or toxic substance regulated under any other Applicable Laws (as hereinafter defined). The term "Hazardous Substance(s)" shall also include, without limitation, raw materials, building components, the products of any manufacturing or other activities on the Property, wastes, petroleum products, or special nuclear or by- product material as defined by the Atomic Energy Act of 1954, 42 U.S.C. § 3011, et seq., as amended. (b) Applicable Law(s). "Applicable Law(s)" shall include, but shall not be limited to, CERCLA, RCRA, the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 42 U.S.C.§ 7401 et seq., as amended, and the regulations promulgated 0 thereunder, and any other federal, state and/or local laws or regulations, whether currently in existence or hereafter enacted or promulgated, that govern or relate to: (i) The existence, cleanup and/or remedy of contamination of property; (ii) The protection of the environment from spilled, deposited or otherwise emplaced contamination; (iii) The control of hazardous or toxic substances or wastes; or (iv) The use, generation, discharge, transportation, treatment, removal or recovery of hazardous or toxic substances or wastes, including building materials. 8. Termination. Grantors may terminate this Easement Agreement by giving written notice to Grantee stating that the Easement has been abandoned if Grantee's use of this Easement for transmission of natural gas through the pipeline ceases, and the cessation of that use is for a continuous period of twenty -four (24) months , in which case Grantee shall deliver to Grantors, within thirty (30) days after receipt of written request, an executed and acknowledged quitclaim deed in form and substance satisfactory to Grantors terminating this Right of Way Easement. Upon termination Grantee shall, at Grantee's option, remove or abandon in place the underground pipeline and, upon the written request of Grantor, remove all above ground equipment from the Easement Property. During said removal, Grantee shall comply with all provisions of the Easement. Grantee will provide Grantor with sixty (60) days written notice of its intention to permanently cease operation, abandon or remove from service natural gas pipeline within the easement. 9. Insurance. The Grantee shall maintain at all times during the existence of this easement general liability insurance of at least $3,000,000 in combined limits. This may be a 5 combination of general liability and excess liability insurance policies. Grantee shall annually provide certificate of such insurance to the Grantor. 10. Notices. All notices and other communications required or permitted under this easement shall be in writing and shall be deemed given when delivered personally or five (5) days after being sent by registered mail, postage prepaid and addressed as follows: GRANTOR: City Of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 GRANTEE: Alaska Pipeline Company P.O. Box 190288 Anchorage, Alaska 99519 -0288 or to other address as each party may designate in writing. 11. Partial hivalidity. Whenever possible, each provision of this Right -of -Way easement shall be interpreted in such a way as to be effective and valid under applicable law. If a provision is prohibited by or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this easement. 12. Governine Law. This Right -of -Way easement shall be governed by and construed in accordance with the laws of the State of Alaska, exclusive of its choice of law rules. 0 14. Title and Headings. Titles and headings to articles, sections, or paragraphs in this easement are inserted for convenience of reference only and are not intended to affect the interpretation or construction of this easement. 15. Entire Agreement. This Right -of -Way easement constitutes the entire agreement among the parties and supersedes any prior or contemporaneous understanding or agreement with respect to the transactions contemplated. It may be amended only by a written instrument executed by all of the parties to it. 16. Grantor's Warrantv. Grantor covenants with Grantee that Grantor has full authority to grant said easement, and acknowledges Grantor has executed this easement freely and voluntarily for the uses and purposes herein stated, in all cases holding Grantee harmless against claimants, heirs, and remaindermen. 7 GRANTOR: City of Kenai Rick Koch, City Manager ACKNOWLEDGEMENT STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2015, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and swom, personally appeared Rick Koch, authorized representative of the City of Kenai and known to me to be the Grantee in the foregoing easement and she acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein stated. WITNESS my hand and official seal on the day and year in this certificate first above written. [SEAL] Notary Public in and for Alaska Please Return To: Alaska Pipeline Company Right of Way Section PO Box 190288 -0288 Anchorage, AK 99519 -0288 My Commission Expires: H GRANTEE: Alaska Pipeline Company Jared Green, President ACKNOWLEDGEMENT STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2015, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared Jared Green, authorized representative of Alaska Pipeline Company, to me known and known to me to be the Grantor in the foregoing easement and he acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein stated, and of oath stated have Full Authority to grant said easement. WITNESS my hand and official seal on the day and year in this certificate first above written. [SEAL] Notary Public in and for Alaska Please Return To: Alaska Pipeline Company Right of Way Section PO Box 190288 -0288 Anchorage, AK 99519 -0288 My Commission Expires: W CONTRACT FOR THE PURCHASE OF A NATURAL GAS EASEMENT THIS AGREEMENT is made this _ day of February 2015 by and between City of Kenai, whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, (hereinafter "Grantors ") and Alaska Pipeline Company (hereinafter "APC "), whose address is P.O. Box 190288, Anchorage, Alaska 99519 -0288. RECITALS A. Grantors are the owners of title to certain real property situated in the Kenai Recording District, State of Alaska and more particularly described as follows: The submerged lands under the Kenai River, within the E %2 NE '/a Section 16, Township 5 North, Range 11 West, Seward Meridian; all located within the Kenai Recording District, Third Judicial District, State of Alaska B. APC wishes to acquire approximately 0.44 acre portion of the property as an easement for a buried natural gas pipeline. The easement is described in Exhibits "A" and "B" attached hereto and is hereafter referred to as the "Easement'. C. The grant of Easement is provided in a separate document, a copy of which is attached hereto as Exhibit "C ". TERMS OF CONTRACT NOW, THEREFORE, in consideration of the foregoing and the terms and conditions of this Contract hereinafter set forth, the Grantors and APC, on behalf of themselves, their respective heirs, representatives, successors and assigns, agree as follows: 1. APC agrees to pay the Grantors $1900.00 / year for the Easement. 2. Monetary payment to the Grantors will be made upon execution of the Easement. 3. Within 180 days after installation of natural gas pipeline, APC will provide Grantors an asbuilt survey depicting the location of these facilities within the Easement. 4. This Agreement and the contemporaneous Easement (Exhibit C) constitute the entire Agreement between the parties and supersedes any and all previous agreements between them with respect to the subjects herein addressed. 5. APC is responsible for recording the Easement. Page 1 of 5 IN WITNESS WHEREOF the parties executed this Agreement effective the date and year first above written. City of Kenai By: Title: Date: Alaska Pipeline Company 0 Title: Date: Page 2 of 5 EXHIBIT A A non - exclusive natural gas pipeline easement 20 feet in width situated on submerged lands under the Kenai River, within the E'' /z NE'/ Section 16, Township 5 North, Range 11 West, Seward Meridian; all located within the Kenai Recording District, Third Judicial District, State of Alaska; and more particularly described as follows: Twenty Foot (20 FT) wide non - exclusive natural gas easement centered on the pipeline along the east side of Bridge Access Road extending from the north bank high tide line to the south bank hide tide line of the Kenai River, approximately Nine Hundred and Fifty Feet (950 FT) in length Page 3 of 5 I r 1 (Drawing of easement) Page 4 of 5 EMIP P M1GR!UBH E2EMIP - 'S � E I PEMic �E1UBL '� ' Pii'M 1 CIO ctio CITY OF ; '6(m CITY OF t U is r , E P ALASKA t�S► ALASKA STATE OJ STATE DNR DNR i ^1. ;= P is High ride Line - jj ZUSM R1USH Kettat ° -o, Section 16 tD High Tide Line !so v 9 " E2EM1P 3fATE Exhibit B. HDD Under Kenai River NE 1/4 Sec. 16, T. 5 N., R. 11 W., S.M. CINGSA Lateral Project Alaska Pipeline Company, f.:.. CINGSA Lateral Pipeline Route Pipeline HDD Section Lines High Tide Line Temporary Construction Areas Parcel Boundaries 0 250 500 1,000 1,500 ive� o� DNR o: A PEM1C U ALASKAi STATE DNR I PSS7lEM1C IDNR � STATE PEM1F EXHIBIT C (Recordable easement document) Page 5 of 5 Alaska Pipeline Company RIGHT -OF -WAY EASEMENT CITY OF KENAI whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, hereinafter called GRANTOR, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby convey to Alaska Pipeline Company, whose address is P.O. Box 190288, Anchorage, Alaska 99519 -0288, hereinafter called GRANTEE a nonexclusive easement to construct, lay, maintain, operate, alter, repair, remove, and replace the pipelines, thereto for the transmission of natural gas under, upon, over and through lands which the Grantor owns or in which the Grantor has an interest, situated in the Kenai Recording District, Third Judicial District, State of Alaska, described as follows: A Twenty Foot (20 FT) wide natural gas easement within the submerged lands under the Kenai River, within the E'' /: NE'% Section 16, Township 5 North, Range 11 West, Seward Meridian; all located within the Kenai Recording District, Third Judicial District, State of Alaska, and more particularly described as follows: Twenty Foot (20 FT) wide non - exclusive natural gas easement centered on the pipeline along the east side of Bridge Access Road extending from the north bank high tide line to the south bank bide tide line of the Kenai River, approximately Nine Hundred and Fifty Feet (950 FT) in length (hereinafter Easement Property). 1. Purpose. Easement Property shall be used exclusively for the Natural Gas Pipeline crossing the submerged lands under the Kenai River as depicted on Exhibit A and B attached hereto. 1 2. Assignment Rights. Grantee is hereby expressly prohibited from assigning or conveying any interest in the Easement Property or in the right of way granted by this easement. This easement is conveyed to Grantee, with right of ingress and egress from the Easement Property for the purposes herein granted. 3. No Interference. Said Grantor retains the right to fully use and enjoy the Easement Property except for the purposes herein granted to said Grantee and Grantor shall not construct or permit to be constructed any structures or obstructions on or over said Easement Property that will interfere with the construction, maintenance, repair or operation of pipelines. Grantee hereby agrees to repair or replace in kind related improvements which may arise from the Grantee's reconstruction, maintenance, operation of said lines. Grantee shall not install, maintain, repair or replace said lines that causes or permits the drainage of water onto Grantor's property from adjacent properties or that interferes in any way with any boat traffic on the Kenai River. 5. Protection of Grantor's Improvements. In its use of the Easement Property and in the performance of the work which Grantee is authorized to perform within the Easement Property, Grantee shall use its best efforts to avoid causing any damage to, or interference with, any improvements on or within the Easement Property. 6. Oblations of Grantee. In making use of the Right -of -Way easement, Grantee shall: (a) Use its best efforts to provide for the safety and convenience of all persons using the Easement Property or the improvements installed on the Easement Property by Grantor; and 2 (b) Following initial installations, regularly inspect, and, at all times, maintain gas pipeline and related equipment in good order and repair and in proper operating condition. 7. Environmental Indemnity. (a) Indemnity (i) Grantee hereby indemnifies, defends and holds harmless Grantor from and against any suits, actions, legal or administrative proceedings, demands, claims, liabilities, fines, penalties, losses, injuries, damages, expenses or costs, including interest and attorneys' fees, incurred by, claimed or assessed against Grantor under any laws, rules, regulations including, without limitation, Applicable Laws (as hereinafter defined), in any way connected with any injury or death to or of any person or damage to any property or any loss to Grantor caused by Grantee, its officers, employees, agents, contractors, and invitees occasioned in any way by Hazardous Substances on the Easement Property in violation of Applicable Laws. (ii) This indemnity specifically includes the direct obligation of Grantee to perform any remedial or other activities required, or ordered, by any agency, government official or third party, or otherwise necessary to avoid or minimize injury or liability to any person, or to prevent the spread of pollution, however it came to be located thereon (hereinafter, the "Remedial Work "). Grantee shall perform all such work in its own name in accordance with Applicable Laws (as hereinafter defined). (b) Agency or Third Party Action. Without limiting its obligations under any other paragraph of this easement, Grantee shall be solely and completely responsible for responding to and complying with any administrative notice, order, or demand, or any third party claim or demand relating to potential or actual contamination on the Easement Property. The responsibility conferred under this paragraph includes but is not limited to 3 responding to such orders on behalf of Grantor and defending against any assertion of Grantor's financial responsibility or individual duty to perform under such orders. Grantee shall assume, pursuant to paragraph (a) above, any liabilities or responsibilities which are assessed against Grantor in any action described under this paragraph (b). (c) Release. Grantee hereby waives, releases and discharges forever Grantor from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with Grantee's use, maintenance, ownership or operation of any portion of the Easement Property, any condition of environmental contamination of the Easement Property, or the existence of Hazardous Substances in any state on the Easement Property. Hazardous Substance. "Hazardous Substance(s)" shall mean any substance which at any time shall be listed as "hazardous" or "toxic" under the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. § 9601 et seq., as amended and the Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. § 6901 et seq., as amended, or in the regulations implementing such statutes, or which has been or shall be determined at any time by any agency or court to be a hazardous or toxic substance regulated under any other Applicable Laws (as hereinafter defined). The term "Hazardous Substance(s)" shall also include, without limitation, raw materials, building components, the products of any manufacturing or other activities on the Property, wastes, petroleum products, or special nuclear or by- product material as defined by the Atomic Energy Act of 1954, 42 U.S.C. § 3011, et seq., as amended. (b) Applicable Law(s). "Applicable Law(s)" shall include, but shall not be limited to, CERCLA, RCRA, the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 42 U.S.C.§ 7401 et seq., as amended, and the regulations promulgated EI thereunder, and any other federal, state and/or local laws or regulations, whether currently in existence or hereafter enacted or promulgated, that govern or relate to: (i) The existence, cleanup and/or remedy of contamination of property; (ii) The protection of the environment from spilled, deposited or otherwise emplaced contamination; (iii) The control of hazardous or toxic substances or wastes; or (iv) The use, generation, discharge, transportation, treatment, removal or recovery of hazardous or toxic substances or wastes, including building materials. 8. Termination. Grantors may terminate this Easement Agreement by giving written notice to Grantee stating that the Easement has been abandoned if Grantee's use of this Easement for transmission of natural gas through the pipeline ceases, and the cessation of that use is for a continuous period of twenty -four (24) months , in which case Grantee shall deliver to Grantors, within thirty (30) days after receipt of written request, an executed and acknowledged quitclaim deed in form and substance satisfactory to Grantors terminating this Right of Way Easement. Upon termination Grantee shall, at Grantee's option, remove or abandon in place the underground pipeline and, upon the written request of Grantor, remove all above ground equipment from the Easement Property. During said removal, Grantee shall comply with all provisions of the Easement. Grantee will provide Grantor with sixty (60) days written notice of its intention to permanently cease operation, abandon or remove from service natural gas pipeline within the easement. 9. Insurance. The Grantee shall maintain at all times during the existence of this easement general liability insurance of at least $3,000,000 in combined limits. This may be a 5 combination of general liability and excess liability insurance policies. Grantee shall annually provide certificate of such insurance to the Grantor. 10. Notices. All notices and other communications required or permitted under this easement shall be in writing and shall be deemed given when delivered personally or five (5) days after being sent by registered mail, postage prepaid and addressed as follows: GRANTOR: City Of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 GRANTEE: Alaska Pipeline Company P.O. Box 190288 Anchorage, Alaska 99519 -0288 or to other address as each party may designate in writing. 11. Partial Invalidity. Whenever possible, each provision of this Right -of -Way easement shall be interpreted in such a way as to be effective and valid under applicable law. If a provision is prohibited by or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this easement. 12. Governing Law. This Right -of -Way easement shall be governed by and construed in accordance with the laws of the State of Alaska, exclusive of its choice of law rules. Z 14. Title and Headings. Titles and headings to articles, sections, or paragraphs in this easement are inserted for convenience of reference only and are not intended to affect the interpretation or construction of this easement. 15. Entire Agreement. This Right -of -Way easement constitutes the entire agreement among the parties and supersedes any prior or contemporaneous understanding or agreement with respect to the transactions contemplated. It may be amended only by a written instrument executed by all of the parties to it. 16. Grantor's Warranty. Grantor covenants with Grantee that Grantor has full authority to grant said easement, and acknowledges Grantor has executed this easement freely and voluntarily for the uses and purposes herein stated, in all cases holding Grantee harmless against claimants, heirs, and remaindermen. 7 GRANTOR: City of Kenai Rick Koch, City Manager ACKNOWLEDGEMENT STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2015, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared Rick Koch, authorized representative of the City of Kenai and known to me to be the Grantee in the foregoing easement and she acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein stated. WrFNESS my hand and official seal on the day and year in this certificate first above written. [SEAL] Notary Public in and for Alaska Please Return To: Alaska Pipeline Company Right of Way Section PO Box 190288 -0288 Anchorage, AK 99519 -0288 My Commission 3 GRANTEE: Alaska Pipeline Company Jared Green, President ACKNOWLEDGEMENT STATE OF ALASKA ) SS. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2015, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared Jared Green, authorized representative of Alaska Pipeline Company, to me known and known to me to be the Grantor in the foregoing easement and he acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein stated, and of oath stated have Full Authority to grant said easement. WITNESS my hand and official seal on the day and year in this certificate first above written. [SEAL] Notary Public in and for Alaska Please Return To: Alaska Pipeline Company Right of Way Section PO Box 190288 -0288 Anchorage, AK 99519 -0288 My Commission Expires: M ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING FEBRUARY 18, 2015 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO "E., KENAI, AK 99611 http://www.kenai.cit A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS ENACTED UNANIMOUSLY. Ordinance No. 2814 -2015 — Increasing Estimated Revenues and Appropriations by $130,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Tie In of the New Water Production Wells to the City's Water Treatment Facility. 2. AMENDED BY SUBSTITUTION AND POSTPONED TO 314115. Ordinance No. 2815 -2015 — Sun Setting the Library Commission and Repealing Kenai Municipal Code Chapter 1.57 Entitled, "Library Commission ". • Substitute Ordinance No. 2815-2015— Enacting Kenai Municipal Code Section 1.57.030- Suspension of the Library Commission, to Suspend the Library Commission until Further Action by Council. E. MINUTES 1.APPROVED BY THE CONSENT AGENDA. *Regular Meeting of February 4, 2015 F. UNFINISHED BUSINESS — None. G. NEW BUSINESS H. 1. APPROVED BY THE CONSENT AGENDA *Action /Approval — Bills to be Ratified. 2. APPROVED BY THE CONSENT AGENDA *Action /Approval — Purchase Orders Exceeding $15,000. 3. INTRODUCED BY THE CONSENT AGENDA AND PUBLIC HEARING SET ON 314115. *Ordinance No. 2816 -2015 — Amending Kenai Municipal Code Section 23.35.020- Causes for Warning, Suspension, or Dismissal, to Address New State Laws on Marijuana. 4. INTRODUCED UNANIMOUSLY AND PUBLIC HEARING SET ON 314115. Ordinance No. 2817 -2015 — Appropriating Funds in the General and Parks Improvement Capital Project Funds in the Amount of $20,000 for Purchase and Installation of a Gazebo at the Site of the City's Field of Flowers. 5. INTRODUCED BY THE CONSENT AGENDA AND PUBLIC HEARING SET ON 314115. *Ordinance No. 2818 -2015 — Appropriating Airport Funds for Airport Apron Improvements and Improvements to Utilities Serving an Airport Lease Lot. 6. DIRECTION PROVIDED TO CONTINUE NEGOTIATIONS. Action /Approval — Directing the City Manager to Enter into Negotiations for Donation or Lease of City Land to Kenai Performers. 7. APPROVED UNANIMOUSLY. Action /Approval — For a Non - Exclusive Easement to Alaska Pipeline Company for a Natural Gas Transmission Main through Lands Owned by the City of Kenai under the Kenai River. 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 • Airport Master Plan Kenai City Council Meeting Page 2 of 3 February 18, 2015 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS Ordinance No. 2813 -2015 — Amending the Kenai Municipal Code Section 1.15.130 — Telephonic Participation, to Increase the opportunity for Telephonic Participation in Council Meetings by Council Members. (Clerk's Note: At its February 4, 2015 meeting, Council amended and postponed this ordinance until the March 4, 2015 meeting. An amendment to the amendment is on the floor.) N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Gaming Permit for Alaska Hotel & Lodging Association. The agenda and supporting documents are posted on the City's website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -8231. Kenai City Council Meeting Page 3 of 3 February 18, 2015 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE FEBRUARY 18, 2015 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. ENACTED UNANIMOUSLY. Ordinance No. 2814 -2015 — Increasing Estimated Revenues and Appropriations by $130,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Tie In of the New Water Production Wells to the City's Water Treatment Facility. AMENDED BY SUBSTITUTION AND POSTPONED TO 314115. Ordinance No. 2815 -2015 — Sun Setting the Library Commission and Repealing Kenai Municipal Code Chapter 1.57 Entitled, "Library Commission ". • Substitute Ordinance No. 2815-2015— Enacting Kenai Municipal Code Section 1.57.030- Suspension of the Library Commission, to Suspend the Library Commission until Further Action by Council. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public h, CMC, City f1drka ary 19, 2015 _ %9 A * *.••••• Do P P% OUNDE�� NOTICE OF PUBLIC HEARING FEBRUARY 18, 2015 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. 2814 -2015 — Increasing Estimated Revenues and Appropriations by $130,000 in the Wellhouse 4 Capital Project Funds for a State of Alaska Municipal Matching Grant for the Tie In of the New Water Production Wells to the City's Water Treatment Facility. 2. Ordinance No. 2815 -2015 — Sun Setting the Library Commission and Repealing Kenai Municipal Code Chapter 1.57 Entitled, "Library Commission ". • Substitute Ordinance No. 2815 -2015 — Enacting Kenai Municipal Code Section 1.57.030- Suspension of the Library Commission, to Suspend the Library Commission until Further Action by Council. 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 adoption without further public notice.