Loading...
HomeMy WebLinkAbout2006-09-20 Council PacketMAKE 29 PACKETS COUNCIL PACKET DISTRIBUTION ~ COUNCIL MEETING DATE: ~/~ ~2~/~~ ( Ma or/Council Attorne Ta lor/5 rin er/Kebschull Clerk Cit Mana er ~ ublic Works Police De artment ;~, Finance En ineer Senior Center Air ort Kim Librar '~ Parks & Recreation '< Clarion Fire De artment ?. / Schmidt Mellish VISTA ,~` Student Re . KSRM Bo le (Z) Lewis* Eldrid e* *Until October 3. 2006 election is certified. AGENDA DISTRIBUTION Sewer Treatment Plant Streets Sho Dock Buildin Maintenance Animnl Control Water/Sewer Counter DELIVER Council and Student Representative Packets to Police ~epartment Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emniled ns soon ns possible nfter Noon on pncket dny. The cnmera-ready agenda c:/myfiles/documents/minutes/agenda form for pnper) is emniled to Denise at Peninsula Clarion (nt emaiB folder Work Session/Special Meetings, or Composition in Contacts or Ibell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) nre usually emailed to me and I hold them in my HTML file. Place them onto the city's website from there ns soon as possible be$ore lea•~ing the office for the weelser~d. 0 ~, I d ~ R a ~ ~ d ~ iL O C9 Z '"' W W ~ ~ U Z ~ O c~ > ~ ~ ~ ~~ ow oa u~} ~~ ~~°m > ~ ~ W w O ~ ~ o ~ a `~ J w r a ~ o ~ v , ~ ~ i m > > N I ~ 1L Z W Q ~ ~ O /~ c~~~~m ~~ ~ t ~ > ~ ~ > ,N ~ , ~ ~ W .\ W N Z W O U..O LL LL ~g ~OQtnv~iJ~ 11 a~U~i~~~m AGENDA KENAI CYTY COUNCIL - REGULAR MEETING SEPTEMBER 20,2006 7:00 P.M. KENAI CITY COUNCIL CHL~NlBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Larry Semmens, City of Kenai Finance Director -- Public Employee Retirement System (PERS) Rate Update . ITEM C: UNSCIiEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM Et PUBLIC HEARINGS Ordinance No. 2188-2006 -- Increasing Estiinated Revenues and Appropriations by $500 in the Generai Fund to Purchase Library Books. 2. Ordinance No. 2189-2006 -- Increasing Estimated Revenues and Appropriations by $16,000.00 in the General Fund for a Homeland Security Grant to Fund a Rewrite/Revision of the City of Kenai Emergency Operations Plan. 3. Resolution No. 2006-51 -- Recognizing the Alaska Department of Environmental Conservation (ADEC) and the Kenai Peninsula Borough Economic Development District (KEDD), Inc. 4. Resolut'son No. 2006-52 -- 1Yansferring $20,331 in the Water and Sewer Fund for purchasing a Sewer Jet Cleaning Unit. 5. Resolution No. 2006-53 -- Awarding the Bid to Bob's Services, Inc. for a Sewer Jet Cleaning Unit - 2006 for the Total Amount of $300,331. YTEM F: MINLTTES *Regular Meeting of September 6, 2006. ITEM G: ITEM H: Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2190-2006 - Increasing Estimated Revenues and Appropriations by $5,361.72 in the Airport Environmental Assessment Capital Project Fund for Additional Grant Monies. 4. *Ordinance No. 2191-2006 -- Increasing Estimated Revenues and Appropriations by $150,000 in the General Fund for Payment to the PuUlic Employee Retirement System. 5. *Ordinance No. 2192-2006 -- Amending KMC 12.40 Entitled, "Regulation of Smoking in Eating Establishments" to Include Bowiing Alleys as a Place Where Smoking is Prohibited Within the City of Kenai. 6. Approval -- Authorizing City Manager to Negotiate and Enter into a Management Agreement with State of Alaska Division of Fire Prevention for the Management of the Alaska Regional Fire Training Facility (PRISM). ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Cormnission 5. Parks & Recreation Commission 6. Planning & Zoning Commission '7. Miscellaneous Coinmissions and Comniittees a. Beautification Cornmittee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR I1'EM K: ADMENISTRATION REPORTS l. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION , 1. Citizens (five minutesJ 2. Council EXECUTIVE SESSION -- None Scheduled ITEM M: SEPTEMBER 20, 2006 REGULAR COUNCIL MEETING Requests for amendments to the agenda: E-4, RESOLUTION NO. 200F-52 E-5, RESOLUTION NO. 2006-53 CONSENT AGENDA None REG~UESTED BY• C%TY 1VtANAGER C%TY MANAGEI2 MAYOIt'S REPORT ~~~-~~~. ~-/ ~~MO~~DU~ To: City Council From: Lany Semmens, Finance Director Date: September 20, 2006 Subject: PERS Update As of 7une 30, 2005 the total unfmlded liability of the Public Employee's Retirement System (PERS) is $4.4 billion which is au increase of $1 billion from the prior year. About 75% of the unfunded liability is attributable to health care and the balance is for pension liability. The system is about 65% funded. For Kenai the unfunded liability is $16.9 nullion, up 46% from $ll.5 miilion last year. We have a request to the State to provide an analysi~ of this change. The Alaska Retirement Management Board set employer rates for FY 2008 on September 11, 2006. The avera~e rate for PERS employers is 39.76%, up from 21.77%. The rate for Kenai is 45.71%, which is an inerease of 144% from the 18.67% rate that we are required to pay in FY2007. The highest rate is the City of Fairbanks at 185%. The Teachers Retirement System (TRS) rate is 54.03%, up from 26%. Governor Murkowsld issued a press release Septen7ber 1 l, 2006 wherein he said he would recommend to the Governor Elect that State funds be used to cover the total cost of the increase for PERS and TRS which he estimated at $505 miliion. He will also recommend that an additional ~500 million be contributed to the eystem to pay down the State's unfunded liability. Obviously the new governar and the legislature will have to support this recommendation if it is to happen. For the last two years the State has contributed about $18 million per year for municipal PERS aid. The number would jump to around $77 million next year to cover the increase for municipalities. Some people are wondering why the ARMB raised ~he rates so ]~igh. This can be answered by looldng to the recormnendation ot the board's expert - the aetuary. We actually have two actuarial firms, Buck Consulting does the actuarial report, and then GRS, another national actuarial firm, reviews Buck's work to make sure it is reasonable. Both actuaries concur that the rates needed to amortize the unfunded liability over 25 years are 39.76 for PERS and 54.03°/o for TRS. These are the rates the A12MB set. The de~ned benefit program made up of tiers I, II and III are now closed to new entrants. Accounting rules require that a closed system use the level dollar method to amortize any unfunded liability. This method results in larger contributions in the early years of the amortization period. This is part of the reason the rates are so high. The ARM Board made recommendations to the legislature last year, unforiunately the recommendations were not adopted. Legislation did pass the House, but did not get far in the Senate. If all of the recommendations would have been adopted there would have been a positive impact on the unfunded liabiliry. The ARMB feels very strongly that the growth in the unfunded liabiliry needs to be ~top~ed and begin to get paid down. So what are we going to do about this? I am confident that the pension funding problem will be a bit higher on the priority list in the next legislature. Some rnu~nicipalities will be very hard pressed ~o fund the increased rates out of their own resources. The State should have a considerabie increase in revenue, although the number may not be as large as originally thought considering the production prablems and price declines we are experiencing. Hopefully there will be support at least for the first $505 million of Governor Murkowski's recommendation. However, these rates, ar more aecurately - these level dollar contribution amounts of almost $425million per year, to cover the unfunded liability for PERS are projected to be in place for 25 years unless excess contributions are made to the system. So it is important to work toward a long term solution. Fo1 the next budget year we can hope that the new Governor includes funding in the budget. Without State aid there will be a serious budget issue for us to wark out. FRANK H. MURKOWSKI GOVERNOR GOVERNOR~GO V. STATE.AK. US The Honorable Pat Porter Mayor of the City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 Dear Mayor Porter: '' ~ , STATE OF ALASKA OFFICE OF THE GOVERNOR JUNEAU September 15, 2006 ce: ~Z~ ~5 C~~;e P.O. Box 1 10001 JUNEAU, ALASKA 9981 1-000 7 (90~) 465~3500 FnX (907) 4653582 ~ .GOV.STA'TE.AK.l15 rv ~' ~ ",~. ~-~. r, _~~ ~~- r a .. . ~--~ V `--. " ~ a ~ ~ ~ ,~ ~ ~ ~ry~ ~ r`~ ~~" ~- cu ~~ , ~a~. _ r _ s x ~ ~. ~~--~-~ _` --~_~.~'~'~ . 1'his week the Alaska Retirement Management Board approved the Fiscal Year 2008 emgloyer contribulion rate for the Public Employees' Retirement System (PERS) and Teachers' Retirement 5ystem (TI25). As you lzkely have since learned, the board's decision will mean a dramatic increase for state and local governments and school districts. To meet this t`inancial obligation, I will recommend to the Governor-elect that state funds pay the increased contribution on behalf af school districts and local governments, just as the state has done the last two years. I aiso will recommend that the state deposit $500 million in the retirement system funds to help pay-down the state's unfunded liability. The state is in a position to do this because of the increase in state revenue from the petroleum production t~ reform approved by the Legislature this summer. I recognize the price tag is staggeiing. The state's new actuary, Buck Consultants, pegged the unfunded liability of the retirement systems at $6.9 billion as of June 30, 2005, which has grown from the $4.4 billion this administration inherited. ltvo primary reasons the liability has increased is that the previous actuary failed to properly calculate the medical liabilities far PERS and a change in the medical assumption that now more accurately reflects rising medical costs. The Department of Law cun•ently is reviewing the prior actuary's work and legal action is being considered to recover the costs to the P~RS and TRS as a result of the error made in past evaluation reports. My proposal will mean that the state will cover $77 million in additional costs that local governments would otherwise be required to pay, and $207 million would be paid on behalf of school districts. While I know locai govemments are calling for reinstaYement of revenue sharing, I hope you will note that in FY 2003, $29.6 million was distributed through the Revenue Sharing/5afe Communities programs. Tn FY07, the state shared $66.7 million with local governments through the Munieipal Energy Assistance Program and by covering the 5 percent inerease in PERS contribution rates. For FY O8, this would mean the sharing of $284 million in state revenue to assist in meeting local obligations. Sincerely yours, ,'~('. `~~~^~~~ ~. Frank H. Murkowski Governor i ' Suggested by: Adminis CITY OF KENAI ORD%NANCE NO. 2188-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $500 IN THE GENERAL FUND TO PURCHASE LIBRARY BOOKS. WHEREAS, the Vanguard Charitable Endowment Program has given the Kenai Library a$500 grant to purchase books; and, WHEREAS, it is in the best interest of the City of Kenai to accept this grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General F~and Increase Estimated Revenues: Miscellaneous Donations $500 Increase Appropriations: Library - Books $500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20+~ day of September, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: September 06, 2006 Adopted: September 20, 2006 Effective: September 20, 2006 Approved by Finance:_~ (08/16/2006) hl 0 Suggested by: Administranon CITY OF KENAI ORDINANCE NO. 2189-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $16,000.00 IN THE GENERAL FUND FOR A HOMELAND SECURITY GRANT TO FUND A REWRITE/REVISION OF THE CITY OF KENAI EMERGENCY OPERATIONS PLAN. WHEREAS, under the 2005 State Homeland Security Grant Program, the Kenai Peninsula Borough requested and received $80,000 to fund rewrites/revisions of local Emergency Operations Plans (Emergency Response Plans) for the Borough and the Cities of Kenai, Seward, Homer and Soldotna; and, WHEREAS, revisions of longstanding local City plans are needed to accommodate current disaster mitigation, response and recovery planning requirements; as well as include community response resources, functronal plan annexes, and hazard-specific appendices; and, WHEREAS, the Kenai Peninsula Borough is unable to coordinate this effort on hehatf of each City, but is able to provide reimbursement up to $16,000.00 per City upon receipt by the Borough of a completed local Plan and expenditure documentation; and, WHEREAS, it is in the best interest of the City to utilize these funds to update our Emergency Operations Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant $16,000 Increase Appropriations: Police - Professional Services ~16,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: September 6, 2006 Adopted: September 20, 2006 Effective: September 20, 2006 Approved by Finance:~ (09/O1/2006) jl j "I/ilfa9e c.vitti a Past, G~° y wltti a F~t~re" ~~ August 30, 2006 - - Scott Walden, Coordinator----- - ~%~_ 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 , --'~-~ Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us `t~reu~af KENA~ s~ Kenai Peninsula Borough Office of Emergency Management 253 Wilson Lane Soldotna, Alaska 99669 RE: ERP REVISIONS - 2005 SHSP GRANT REIMBURSMENT Mr. Walden, The City of Kenai is currently in discussions with Elise DeCola from the Nuka Research and Planning Group LLC, to enter into an agreement for the review and re-write of the City of Kenai's Emergency Response Plan. It is our intention to begin this process as early as possibie. The purpose of this project is to update and revise the City of Kenai's Emergency Response Plan to facilitate collaborative incident management and to conduct an exercise with the revised Plan. IP funding pertnits, the consultanY may be asked'to develop a local field operations guide (FOG) - a durable pocket ar desk guide that contains essential information required to perform specific assagnmenYs or functions. Nuka Research will conduct a complete review of existing State of Alaska, Kenai Peninsula Borough, and City of Kenai planning documents and create a collaborative, dynamic "master" Emergency Operations Plan (EOP} that will dovetail with other local govemment Plans. Upon completion of the Master EOP, Nuka Research wouid be availabie to present the final plan to the Kenai City Council. It is my understanding that there are funds available through your office from the 2005 SHSP Homeland Security Grant awarded to the Borough on behalf of the Cities of Soldotna, Homer, Seward and Kenai to contract wiYh a consultant to rewrite City Plans. The City of Kenai intends to enter into an agreement with Nuka Research and have a completed Plan revision and exercise completed by July 2007. The City intends to enter into the contract on September 20, 2006 and to appropriate City funds to proceed with the contract. Upon signing the contract with Nuka Research and encumbering City funds for this contracf, the City will request reimbursement through the Borough from fhe 2005 SHSP Homeland Security Grant for a"not to exceed" amount of $16,000. If you have any questions please contact me at your earliest convenience, Sincerely, OF KENAI City Manager Attachments: April 17, 2006 Letter from KPB OEM, includes excerpt from 2005 SASP Grant Priority #3. - Suggested by: Administration CITY OF KENAI RESOLUTYON NO. 2006-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOGNIZING THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION (ADEC) AND THE KENAI PENINSULA BOROUGH ECONOMIC DEVELOPMENT DISTRICT (KEDD}, INC. WHEREAS, Dee Gaddis of the KEDD was instrumental in the City of Kenai receiving an allocation of funds to provide an environmental site assessment through the ADEC Brownfield Site Assessment Program for City property known as "Millennium Square"; and, WHEREAS, the ADEC Brownfield Assessment Program facilitates a positive partnership with the ADEC to achieve a common goal of redevelopment of Brownfield properties; and, WHEREAS, the environmental assessment document has provided valuable information in defining any environmental issues to the City and potential redevelopers of the property; and, WHEREAS, the City is appreciative of the efforts made by all parties. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council of the City of Kenai recognizes the ADEC and the KEDD for working with the City of Kenai to successfully complete this important project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk - Suggested by: Admimstration CITY OF KENAI RESOLUTION NO. 2006-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $20,331 IN THE WATER AND SEWER FUND TO PURCHASE A SEWER JET-CLEANING UNIT. WHEREAS, the bid for the sewer jet cleaning unit was more than the amount budgeted; and, WHEREAS, money is available in the Water and Sewer Funds Contingency accounts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Water and Sewer Special Revenue Fund From: Water - Contingency ~6.~~~ Sewer - Contingency 13,554 ~20 33I To: Water - Machinery 8s Equipment ~6,777 Sewer - Machinery & Equipment 13.554 2 331 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:_~~_ (9/14/2006) hl P e Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2006-53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO BOB'S SERVICES, INC. FOR A SEWER JET CLEANING UNIT - 2006 FOR THE TOTAL AMOUNT OF $300,331. WHEREAS, the following bids were received on September 12, 2006: BIDDER TOTAL Alaska Truck Center $309,647 Bob's Services, Inc. $306,331 WHEREAS, Bob's Service Inc.'s bid substantially meets the bid specifications; and, WHEREAS, Bob's Services, Inc. will reduce their bid by $6,000 if we delete the pilot inspection trip, which the administration recommends; and, WHEREAS, the recommendation from the City Administration is to award the bid to Bob's Services, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Bob's Services, Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Sewer Jet Cleaning Unit be awarded to Bob's Services Inc. for the total amount of $300,331. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20~ day of September 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk f~ Approved by Finance: ~_ a ~ AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 6, 2006 7:00 P.M. KENAI CYTY COUNCIL CHAMBE135 http: //www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *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 memUer 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: LTNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLYC FIEARYNGS Ordinance No. 2180-2006 -- Repealing the Existing KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport Landsj, KMC 2 L 15 (Provisions Required) and KMC 21.20 (Policy Governing Modification of E~sting Leases), and Replacing Them With KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport Reserve Lands) and KMC 21.15 (I.ease and Sale of Airport Land Outside of the Airport Reserve). Cterk's Note: A motion was passed at the August 16, 2006 meeting to postpone action on Ordinance No. 2180-2006 to Septernber 6, 2006 and thaf a second pub(ic hearing be held at that time. a. Substitute Ordinance No. 2180-2006 -- Repealing the Existing KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport LandsJ, KMC 21.15 (Provisions Required) and KMC 21.20 (Policy Governing Modification of Existing Leases), and Replacing Them With KMC 21.05 (Airport Administration and Operation), KMC 21.10 (I.easing of Airport Reserve Lands) and KMC 21.15 (Lease and Sale of Airport Land Outside of the Airport Reserve). 2. Ordinance No. 2181-2006 - Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund Library Department for a State Grant 3. Ordinance No. 2182-2006 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Police Department for a State Grant. 4. Ordinance No. 2183-2006 -- Repealing the Existing KMC 7.30 (Airport Land and Ternunal) and Replacing It with a New KMC 7.30 (Airport Land Sale Perxnanent Fund). 5. Ordinance No. 2184-2006 - Amending Portions of KMC 1.56 (Kenai Municipal Library Department) and KMC 1.57 (Library Commission) Regarding Lending Policies, and Replacing the Term "Librarian" with "Library Director." 6. Ordinance No. 2185-2006 - Establishing a Central Mixed Use Zone (CMU) at KMC 14.20.125 and Amending the Various Parts of the Kenai Zoning Code by Adding the Provisions to Encompass the New Zone, and Updating Portions of the Land Use Table at KMC 14.22.010. 7. Ordinance No. 2186-2006 - Amending Estimated Revenues by $3,580 in the Senior Citizen'I7tle III Fund and Increasing Estimated Revenues and Appropriations by $1,000 in the Senior Citizen Fund. 8. Ordinance No. 2157-2006 -- Increasing Estimated Revenues and Appropriations by $24,630 in the General N~znd to Pay for Attorney's Fees Awarded in the Recreation Center Litigation. 9. Resolution No. 2006-50 -- Transferring $8,000 in the Airport Fund to Purchase Equipment. ITEM F: MfNUTES *Regular Meeting of August 16, 2006. ITEM G: UNFIDTISHED BUSINESS ITEM Ii: NEW BUSYNESS Bills to be Ratified 2. Approvai of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2188-2006 -- Increasing Estimated Revenues and Appropriations by $500 in the General Fund to Purchase Library Books. 4. *Ord'anance No. 2189-2006 -- Increasing Estimated Revenues and Appropriations by $16,000.00 in the General F~nd for a Homeland Security Grant to F~znd a Rewrite/Revision of the City of Kenai Emergency Operations Plan. Approval -- Election Boards/October 3, 2006 City of Kenai General Election 6. Approval -- Amendments to Library Regulations Discussion -- Proposed Angler Drive Special Assessment District/Report of City Manager. ITEM I: COMMISSION/COMMITTEE REPORTS l. Council on Aging 2. Airport Commission 3. Harbor Cominission 4. LiUrary Coinxr~ission 5. Parks & Recreation Cominission 6. Planning & Zoning Conunission 7. Miscellaneous Comnussions and Committees a. Beautification Cominittee b. Alaska Municipal League Report YTEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS City Manager Attorney City Clerk ITEM L: Citizens (five minutes) Council -- None Scheduled ITEM M: ADJOURNMENT KENAY CYTY COUNCYL - REGULAR MEETING EMBER 6, 2006 7:00 P.M. KENAI CITY COUNCIL http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MYNUTES YTEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayar Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Mike Bo le Pat Porter, Ma or Joe Moore, Vice Ma or Linda Swarner Rick Ross Robert Mollo A quorum was present. A-3. AGENDA APPROVAL Mayor Porter noted the following item to be added to the packet: ADD TO: E-la -- E~chibit 2A (map indicating current Airport Reserve Boundary, and recommended boundaries of consultant, Airport Comnussion and Administration). MOTION: Council Member Molloy MOVED to approve the agenda and with the addition of E-la, Appendix I-a map. Council Member Moore SECONDED the motion and requested iTNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Molloy MOVED to approve the consent agenda. Council Member Ross SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 2 ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS Assembly MemUer Margaret Gilman reported on actions taken at the Septeinber 5, 2006 Borough Assembly meeting, including the passage of the Sexuor Citizen T~ ~xemption ordinance. She noted, a request for reconsideration had been made and the issue would be before the Assembly again at their September 19 meeting. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2180-2006 -- Repealing the E~sting KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Aixport Landsj, KMC 21.15 (Provisions Required) and KMC 2120 (Policy Governing Modification of Existing Leases), and Replacing Them With KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport Reserve Lands) and KMC 21.15 (Lease and Sale of Airport Land Outside of the Airport Reserve). Clerk's Note: A motion was passed at the August 16, 2006 meeting to postpone action on Ordinance No. 2180-2006 to September 6, 2006 and that a second pubtic hearing be heid at that time. Mayor Porter opened the floor to allow additional public testimony on the ordinance. Rick Baldwin, Chair, KEDS Aetion Team -- Reported the Team had the opportunity to review and comment on the ordinance; the Team was not advocating any particular portion of the ordinance; the Team's comments on the boundary was included in the council meeting packet; in their comments, the Team did not take into consideration airport needs; the Team felt selling the land is better than leasing it when wanting to develop land, i.e. owners are more apt to put long-term investment into the property; selling land would bring immediate revenue to the city; and, the Team did not feel it good public policy to require a business plan to be submitted with a lease application [the most egregious were noted as KMC 21.10.040(3)(iii, iv, v) in the substitute ordinance]. He added, the Team believed requiring a business plan may discourage applicants from disclosing their business plan to poteniial competitors, i.e. a busuless pian would be a public record; if an airport-related business, the applicant would be disclosing a business plan to potential competitors who may be members of the Airport Coininission; and, it is not necessarIly within the expertise of city government to determine a business plan is viable or not. Kristine Schmidt, 513 Ash Avenue, Kenai -- Schmidt noted she felt Council should be conservative in their decision and accept the recommendaUon of the consuitants; KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 3 it would be easier to take properiy out of the Reserve than to put it back in; once property is taken out of the Reserve, it cannot be put back in; felt there was no financial data to support not using the recommendation of the consultants; felt it appropriate to request a business plan; would prefer leasing the remaining land instead of seliing it; and, believed land could be leased, i.e. Safeway and Home Depot are situated on long-leased land and which did not stop them from building elaborate facilities. Comments of administration included: • The property on which Safeway is situated is not owned Uy the City. • The Home Depot owns its store site properLy as well. • The Reserve could be expanded to include property owned by the City. • The Reserve boundary could be drawn around property privately ocvned, but the rules would not apply. If privately owned property becomes available for the City to purchase, the City could choose to include the property in the Reserve. • There is no prohibilion to place property back in the Reserve that had been previously removed from the Reserve. • Airport funds would be used to re-purchase property to be placed back in the Reserve. Jason Carroll, 407 Eadies Way, Kenai -- Carroll stated he agreed with Baldwin related to leasing property versus fee simple land; leasing property would hurt small business owners because it is more difficult to acquire financing to develop leased property due to bank concerns for possible investment; it is difficult to sell leased properties; and, believes it better to sell to have the iminediate revenue stream for interest earning,etc. Dr. Pete Iiansen, 418 Rogers Road, Kenai -- Hansen stated he believed it more important for the council to make adequate land available for small businesses to purchase, develop, and from which to profit. Glenda Feeken, 10672 Kenai spur Highway, Kenai -- Feeken requested council to take into consideration that she is a realtor and has been having realty agents from Anchorage calling and wanting to purchase land and not to lease land. E-la. Substitute Ordinance No. 2180-2006 -- Repealing the Existing KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport Lands), KMC 21.15 (Provisions Required) and KMC 21.20 (Policy Governing Modification of Eacisting Leases), and Replacing Them With KMC 21.05 (Airport Administration and Operation), KMC 21.10 (Leasing of Airport Reserve Lands) and KMC 21.15 (Lease and Sale of Airport Land Outside of the Airport Reserve). KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 4 MOTION TO SUBSTITUTE: Council Member Ross MOVED to Substitute Ordinance No. 2180-2006, marked as E- la and Council Member Moore SECONDED the motion. Administration comments included: • The substitute ordinance took into account comments made by council members and others. • The substitute includes wording for sale of land to be achieved by ordinance (instead of a resolution). • Requirements for a business plan was included in the substitute. • Explanation of changes in the substitute was included in the City Attorney's memorandum included in the packet. MOTION TO AMEND: Council Member Ross MOVED to remove b(2) under 21.10.040 and remove b(3)(iii), (iv), and (v). Council Member Moore SECONDED the motion. Comments of councff/administration included: • It should not be council's decision to identify a lease as appropriate or performable based on where or from whom the investment funds are acquired. • The lease is strong in performance standards. • It is not the business of the city to know who the customers would be. • It was not appropriate for the city to know an estimate of gross receipts of a proposed business. • Requiring a description of the proposed business or the requirement for the number of employees are legitimate information for a Uusiness plan. • The other information is proprietary and could not be protected by the city. • If there is concem a business would place a burden on existing roadways or transportation system, it could be an appropriate condition of the lease to have a traffic impact analysis be performed. • Disclosure of traffic volume would be addressed when acquiring a building pernut and submitting a site plan. However, should not be disclosed in the application process due to competitiveness in the process and should not be disclosed to other possible vendors. Parking needs would be addressed in the building pernlit stage. VOTE ON AMENDMENT: Boyle Yes Porter Yes Moore Yes ~ Swarner ~ Yes ( Ross ~ Yes ~ Molloy 1 Yes ' KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 5 MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Boyle MOVED to amend the ordinance to include the land on E~ibit 2-a, which is indicated by the red line, with the exception of the red line which goes around the court house. Council Member Molloy SECONDED the motion. Discussion on the motion to amend included: • An explanation of the map included with the Substitute ordinance, i.e. three boundaries addressed as the substitute ordinance boundary, that adopted by the Airport Coimxiission, and that suggested by the consultant. • The proposed Bo~le Uoundary amendment, with the exception of the courthouse inclusion, was recommended by the consultant. • The proposed Boyle amendment with flie exception of the courthouse, was recommended by the consultant in an effort to show how to make the airport more efficient and self-sustaining. • No objective data was presented with the two proposed boundary options explaining why the large portions of land from the consultant's proposal were removed, how the airport could achieve self-sufficiency without that acreage inciuded, or how taking that acreage from the reserve would be beneficial to the city. • Needs of the airport are the most important issues to consider. • Concerns noted by Boyle were addressed in the city manager's memorandum. • The Kenai Airport is different than those cited by the consultants, i.e. the land use, how the land has been developed in the past, how lease land does impact small businesses that are not airport dependent; most of the Kenai airport traffic is general aviation; and, if the proposed Boyle plan would be adopted, it would unnecessarily lock up land in the future that does not have a projected use. • After review and evaluation of the consultanYs report, neither the Airport Cominission or KEDS agreed with the boundary inciuded in the proposed Boyle motion. Concerns to keep as much land as possible in the Reserve. VOTE ON AMENDMENT: Bo le Yes Porter No Moore No Swarner No Ross No Mollo Yes MOTION FAILED. MOTION TO AMEND: KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 6 Council Member Moore MOVED to substitute AppendiY I(attached to Substitute Ordinance No. 2180-2006) with his handout map identified as Append'uc L Council Member Swarner SECONDED the motion. Moore distributed a copy of his suggested Appendix I map to council and the audience and explained, this Append'uc I included the recoxnmended boundary of Administrafion except the 17+ Acres contained on the west side of Marathon Road. Moore noted, he had discussed this suggested boundary with members of the Airport Commission, KEDS Action Team, members of the public and council and believed it a compromise to move the ordinance forward. MOTION TO AMEND (SECONDARY MOTYON): Council Member Molloy MOVED to amend Council Member Moore's motion to add in the 26± Acres to the line (shown on Maps 2 and 2-a) that would include the Airport Commission recommendation. Council Member Boyle SECONDED the motion. Koch explained, the suUstitute ordinance identified Administration's recommendation for the Reserve boundary with a blue line; Councii Member Moore's proposed amendment would add the 17 Aeres into the boundary; and, Council Member Molloy's motion to amend the amendment would add the 26+ Acres as well. VOTE: Boyle Yes Porter No Moore No Swarner No Ross ~ No ( Molloy i Yes MOTION FAILED. Porter opened the floor to public comment. Jason Carroll -- Explained Moore's Appendix I was a compromise of the iwo recommended boundaries (Administration and Airport Commission). It was noted, a future council couid determu~e to expand or decrease the boundary. VOTE ON AMENDMENT: Boyle Yes Porter Yes Moore Yes i ~warner ~ Yes Ross ( Yes ~ Molloy ( Yes ~ MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 7 Discussion followed, including: • Land outside the Reserve cannot be sold for less than fair market value. • With remediation concerns [21.05.070(e)], the city would rely on the Department of Environmental Conservation (DEC) for a plan and more detailed requirements would be included in a lease document. • Staff disagreed with the consultants' recommendation to remove referrals to the Planrung & Zoning Comnussion and insert the Airport Coininission as the Planning & Zorung Co~runission has the zoning expertise Lhe Airport Commission would not have. • With Title 29 giving platting authority to the Borough, administration wants to have the property replatted, use a metes and Uounds lease in order to quickly deternline a lease rate and have the ability to process a lease much faster. • Referring to 21.10.160(c) related to re-evaluation of rent and the city's estimation of Fair Market Value, it was asked if it was intended to receive a letter opinion or an appraisal and concern was expressed the thirty-day timeline would not be sufficient enough time if an appraisal was being required and would not allow debate over the lease value. MOTION TO AMEND: Council member Molloy MOVED to amend (e) to change thirty (30j days to ninety (90) days and Council Member Boyle SECONDED the motion. VOTE ON THE AMENDMENT: Bo le Yes Porter Yes Moore Yes Swarner Yes Ross Yes Mollo Yes MOTION PASSED UNANIMOUSLY. Discussion continued, with comments including: • Referring to 21.05.080(i), concern was expressed the city should not Ue detern~ining whether a rental vehicle is safe or not. It was explained, administration wanted to try to keep a certain standard of cars to be rented. • Referring to 21.05.080(b)(1), it was questioned whether the 'behicle" was correct. It was noted, it was the wording in the current code, however it seemed to be a typographical error. IVIOTION TO E9MEND: KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 8 Council Member Swarner MOVED to amend 21.05.080(b)(1), changing the word "vehicle" to "permit.° Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There were no objections. SO ORDERED. MOTION: Council Member Molloy MOVED to amend 21.05.080(i) to delete the second sentence, i.e. "The Airport Manager shall order a pernvttee to remove from service any pernuttee vehicle the Manager deternunes to be unsafe or otherwise in violation of this section." Councii Member Boyle SECONDED the motion. VOTE ON AMENDMENT: Boyle Yes Porter Yes Moore Yes ' ~ arner ~ Yes ~ Ross ~ Yes ~ Molloy ~ Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENI3ED: Boyle No Porter Yes Moore Yes Swarner Yes Ross J Yes ~ Molloy ~ Yes ' MOTION PASSED. BREAK TAKEN: 8:20 P.M. BACK TO ORDER: 8:33 P.M. E-2. Ordinance No. 2181-2006 -- Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund Library Department for a State Grant. MOTION: Council Member Molloy MOVED for the adoption of Ordinance No. 2181-2006 and Council Member Boyle SECONDED the motion. There were no public ar council comments. KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 9 VOTE: Boyle Yes Porter Yes Moore Yes Swarner Yes Ross ~ Yes ~ Molloy ~ Yes MOTION PASSED UNANIMOUSLY. E-3. Osdinance No. 2182-2006 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Police Department for a State Grant. MOTION: ~ouncil member Molloy MOVED to adopt Ordinance No. 2182-2006 and Council Member Boyle SECONDED the motion. There were no public or council comments. VOTE: Boyle Yes Porter Yes Moore Yes Swarner Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2153-2006 -- Repealing the E~:isting KMC 7.30 (Airport Land and Terminal) and Replacing It with a New KMC 7.30 (Airport Land Sale Permanent Fund). MOTION: Council Member Swarner MOVED for the approval of Ordinance No. 2183-2006 and Council Member Molloy SECONDED the motion. There were no public comments. A brief discussion took place related to the investment process. VOTE: Bo le Yes Porter Yes Moore Yes Swarner Yes Ross Yes Mollo Yes MOTYON PASSED UNAPIIMOUSLY. KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 ~ ~ PAGE 10 E-5. Ordinance No. 2184-2006 - Amending Portions of KMC 1.56 (Kenai Municipal LiUrary Department) and KMC 1.57 (Library Cominission) Regarding Lending Policies, and Replacing the Term "LiUrarian" with °Library Director." MOTION: Council Member Molloy MOVED for the adoption of Ordinance No. 21842006 and Council Member Swarner SECONDED the motion. There were no public or council cominents. VOTE: Bo le Yes Porter Yes Moore Yes ~ Swarner ~ Yes ~ Ross 1 Yes ~ Molloy Yes MOTION PASSED UNAIVIMOUSLY. E-6. Ordinance No. 2185-2006 -- Establishing a Central Mi~ced Use Zone (CMU) at KMC 14.20.125 and Amending the Various Parts of the Kenai Zoning Code by Adding the Provisions to Encompass the New Zone, and Updating Portions of the I,and Use Table at KMC 14.22.010. MOTION: Council Member Boyle MOVED for approval of Ordinance No. 2185-2006 and Council Member Moore SECONDED the motion. Barry Eldridge, 2679 Bowpicker Lane, Kenai -- As Chair of the Planning & Zoning Comnussion, Eldridge reported on the actions taken by the Coirunission, noting the development of the zone was in response to the Comprehensive Plan and in the zone, signs would be closer to the ground, which would be aesthetically more pleasing in the downtown area. Discussion followed with comments including: • The ordinance was providing for a Mu~ed Use Zone, and Council's action would not identify where the zone might be used. • The map, included in the packet, was developed as a guide. If the ordinance is passed, the Cominission could then identify an area and perhaps recommend to council the zoning ordinance be amended to include a Mixed Use Zone. KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 11 • Public hearings, along with notification to property owners, would be required prior to any actions in amending the zoning map. • If conflicts in the zone between business and residential, conflict would mostly likely be resolved in favor of the business because it is prunarily a business zone for commercial uses and allowing residential use as conditional uses. • Political sign requirements are addressed in a different area of the code. • Administration recommended to the Coruruission two amendments to the sign code and information included in council's packet also requested the amendments. The Cominission defeated the amendments on a 3-2 vote. • Administration concerns related to sign size were reviewed and it was noted, zoning should be managed by a workable code and the need for a variance should be an exception. i~IO'PYON: Council Member Ross MOVED to amend the ordinance in concurrence with City Manager Koch's recommendation noted in his memorandum of August 31, 2006 (included in the packet) as follows • Attachment D, Page 2 of 8, 14.20.220(2), Allowed Signs Requiring a Permit; (A) One (1) freestanding or marquee per premises of not more than one hundred twenty (120) square feet. Where there is more than one (1j business on a premises a combined freestanding or marquee sign of not more than two hundred (200j squaze feet. • Attachment D, Page 2 of 8, 14.20.220(3), Prohibited Signs; (G) Signs that are higher than twenty (20) feet above the adjacent ground or pavement level. Council Member Moore SECONDED the motion. [Koch identified an error in his memorandum's referral to (3)(b) and stated it should be (3)(G).~ Molloy stated his support of the amendment and suggested the final action on the ordinance be postponed to the SeptemUer 20 meeting in order for business and public comments to be gathered. VOTE ON AMENDMENT: Bo le Yes Porter Yes Moore Yes Swarner Yes Ross Yes Mollo Yes MOTION PASSED UNANIMOUSLY. Discussion followed and 'ancluded comments as follows: KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 12 • Differences that would occur, if the example mapped area were to Ue rezoned to the MiYed Use Zone were reviewed, i.e. residences built in a commercial area, apartments above commercial spaces, etc. • The Muced Use Zone ordinance could be modified at a time when puUlic testimony would be taken related to a rezone of an area. • Because the city has not had such a zone in the past, until the zone is tested it will not be known how it will work and what changes will need to be made. VOTE ON MOTION AS AMENDED: Boyle Yes Porter Yes Moore Yes ' ~Swarner ~ Yes ( Ross ~ Yes ~ Molloy ~ Yes ' MOTION PASSED UNANIMOUSLY. E-7. Ordinance No. 2186-2006 -- Amending Estimated Revenues by $3,580 in the Senior Citizen Tit1e III Fund and Increasing Estimated Revenues and Appropriations by $1,000 in the Senior Citizen ~znd. Council Member Swarner MOVED for adoption of Ordinance No. 2186-2006 and Council Member Ross SECONDED the motion. There were no public or council comments. VOTE: Boyle Yes Porter Yes Moore Yes Swamer ~ Yes Ross Yes Molloy Yes MOTION PASSED UNANIMOUSLY. E-8. Ordinance No. 2187-2006 -- Increasing Estimated Revenues and Appropriations by $24,630 in the General Fund to Pay for Attorney's Fees Awarded in the Recreation Center Litigation. MOTION: Council Member Swarner MOVED for adoption of Ordinance No. 2187-2006 and Council Member Ross SECONDED the motion. Council Member Molloy noted a conflict of interest with the issue and stated he would abstain from voting. There were no objections of council. KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 13 VOTE: Bo le Yes Porter Yes Moore Yes Swamer Yes Ross Yes Mollo Abstain MOTION PASSED UNANIMOUSLY. E-9. Resolution No. 2006-50 -- Transferring $8,000 in the Airport Fund to Purchase Equipment. MOTION: Council MemUer Swarner MOVED for the approval of Resolution No. 2006-50 and requested UNANYIiROUS CONSENT. Council Member Moore SECONI3ED the rnotion. There were no public or councIl comments. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of August 16, 2006 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINFSS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Swarner MOVED to ratify the bills. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 14 Council Member Swarner MOVED to approve the purchase orders over $15,000 and requested UNANIIVI0U5 CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2188-2006 -- Increasing Estimated Revenues and Appropriations by $500 in the General Fund to Purchase Library Books. Introduced by consent agenda. H-4. Ordinance No. 2189-2006 -- Increasing Estimated Revenues and Appropriations by $16,000.00 in the General ~znd for a Homeland Security Grant to Fund a Rewrite/Revision of the City of Kenai Emergency Operations Plan. Introduced by consent agenda. H-5. Approval -- Election Boards/October 3, 2006 City of Kenai General Election MOTION: Council MemUer Boyle MOVED to approve the election board members and Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. FI-6. Approval -- Amendments to Library Regulations MOTION: Council Member Swarner MOVED to approve the library regulation amendments and requested UNANIMOUS CONSENT. Councii Member Molloy SECONDED the motion. There were no obiections. SO ORDERED. H-7. Discussion -- Proposed Angler Drive Special Assessment District/Report of City Manager. Koch reviewed the report included in the packet, noting the cost of the project is estimated to be $728,000; no funding source has been identified at this time; administration will provide a list of all the proposed assessment district information with which council can decide which can be funded; and, administration wi11 offer a recommendation of the fairest allocation of assessments for the Angler Drive project when it is brought back to council. KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 15 Council had no objections to proceeding with the process. ITEM I: COMMISSION/COMMITTEE REPORTS I-I. Council on Aging - Council Member Boyle reported the next meeting would be held on September 7. I-2. Airport Commission - Council Member Swarner reported the ne~t meeting would be held September 14. I-3. Harbor Commission -- Public Works Manager Kornelis reported the next meeting would be held September 1 l. I-4. Library Commission -- Council Member Molloy reported the September meeting had been cancelled. The next meeting is scheduled far October 3, 2006. I-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held September 7. I-6. Planning & Zoning Commission - Council Member Ross noted the minutes of the August 23 meeting were included in the packet. I-7. Miseellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held September 12. I-~b. tllaska Municipal League Report -- Swarner noted the November Conference. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • She attended a Bar Association receplion related to an expansion at the court house. • She would like to approach businesses situated along Willow Street to participate in donating to purchase trees to be placed along the street. Concerns were voiced related to types of trees and placement/snow removal issues. Council stated no oUjection to the request. • Discussed the Pebble Mine Project and potential job availabilities with representatives of the Kenaitze Indian 1YiUe. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch noted the following: KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 16 • He would be out of the office on Friday. • Requested council to review the draft management agreement for the Alaska Fire Training Center Facility; the State would like to take over the facility in December; and, the Fire Marshals are open to the possibility of AVTEC's use of the facility as well. • Referred to a memorandum included in the packet from Finance Director Semmens related to draft financial statement information. A brief discussion followed including the following: • Ross requested discussion of appropriating $150,000 from fund balance to put toward the PERS indebtedness at the next council meefing. • To acquire an audit report to provide details necessary to verify the accuracy of the city's PERS liability will cost approximately $5,000. Council requested the report be purchased. • Referred to the Corps of Engineers report included in the packet and explained the city did not have the opportunity to review the report in draft; he stirongly disagrees with the economic analyses within the repart; he will report in more detall during the next council meeting. • All but one Salty Dog Heights lot was sold. K-2. Attorney -- No report. K-3. City Clerk -- No report. ITEM L: L1. Citizens -- Larry Semmens -- Reported he attended the Assembly meeting, wore his City of Kenai t-shirt, and was very happy to be affiliated with the City. L-2. Council -- Moore -- • Complimented Semmens on his letter to PERS. • Asked the progress of park development on property donated by the Elson's. It was reported the work was ongoing. Swarner -- No report. Ross - Thanked Administration, the City Manager, and Finane Director Semmens for the financial statement and PERS letter. Molloy -- Stated he agreed with the financial report information. Boyle -- No comments. KENAI CITY COUNCIL MEETING SEPTEMBER 6, 2006 PAGE 17 Porter - Thanked Administration for the financial report information. -- None Scheduled dTEIdi M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:51 p.m. Minutes submitted by: Caroi L. Freas, City Clerk _i ..~ C ~ ~ W o ~ ~ ~ M ~ ~ ~ ~ Q N U (~O m Z 6 ~ 0 4 z ~ p W I- r F J ~ a ~ `~ rn V Q ~ ro Q ~ t- W F p ~ H N ~ O ~ ~ O ~ ~ ~ o O > > ~ r Z O a U ~ ~ J U Z } I- O _ W 2 ~ ~' o ~ N o ~ W ~ W a ~ ~ a d-' ~ 0 4 W fn = ~ W W ~ p_' W ~ C~ ~ Q } d ~ d U ~ UJ (n ~ Q ~ ° o 0 w ~ a o '° LL O ~ O . ~7 Z ...... W ~ d ~ ~ W ''r'~ J U ~ a ' Q z > U U J W ~ W ~ ~ ~ a z W ~ F- W ? ~ o Z > ~ W V ~ Q . Z o 1' ~ ~ 0 ~ n. a e ~ U Z _ O U ~ W W to Z ~ U N = N ~ ~ W p m O W o F uS II- P {(~ cn y &L' W O LL. I O w ~ ~ Z ~ w ~ ~ ~ ~ ...... Q J '~., ~ a a cS N Z ~ 0 U 4 a w 0 ~ O d. Z 0 ~ a W ~ ~ U ~ ~ Q W w o w ¢ ~ U ~ ~ a ~ z ~ x w ~ O N ~ O O M N o P- V <'1 N N i~ h M t~1 M ~t] ~ fD N ~ m ~n n r- v N ~ O O M O) O O V T N O !~- V !+1 O M V ~!} O tp N ~ C N ~ W ~ ~ ~ ~ ~ O O fJ ~ U U U ~ W ~ W ~ C5 7 = W C U F - ~ l Z n ~ W S O V o ~ a ~ m a , v m ~ ~ c +~ N D N M fA ~ w m H z w ~y o w j a W 4 ~ Z ~ ~' ~ z V d J ~ W F' ~ _ a ~ ~ U ~- Q Z ~ ~ m ~ 4 Z Z O O U U _ ~ ~ ~ w ~ O V J = _ d z z W g w w °~ = ¢ a a n i . Suggested by: CITY OF KENAI ORDINANCE NO. 2190-2006 Administranon AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,361.72 IN THE AIRPORT ENVIRONMENTAL ASSESSMENT CAPITAL PROJECT FUND FOR ADDITIONAL GRANT MONIES. WHEREAS, the Federal Aviation Administration and the State of Alaska increased their grants for additionaJ work on the Airport Environmental Assessment Project; and, WHEREAS, the Airport fund also contributes to the project; and, WHEREAS, the Environmental Assessments Project involved the runway extension and runsvay safety area improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of fund balance $ 590.03 Increase Appropriations: Transfers Out $ 590.03 Environmental Assessment Capital Project Fund Increase Estimated Revenues: Transfer from Airport F~znd $ 590.03 FAA Grant 4,618.00 State Grant 153.69 5 361.72 Increase Appropriations: Engineering 5 361.72 Ordinance No. 2190-2006 Page 1~vo PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of October, 2006. ATTEST: Carol L. Freas, City C1erk Approved by Finance:- I~~ (9/ 13/2006) hl PAT PORTER, MAYOR Introduced: September 20, 2006 Adopted: October 4, 2006 Effective: October 4, 2006 ! Suggested by: CITY OF KENAI ORBINANCE NO. 2191-2006 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000 IN THE GENERAL FUND FOR PAYMENT TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM. WHEREAS, it is in the best interest of the City of Kenai, to contribute additional funds to pay down the unfunded liability in the PERS; and, WHEREAS, money is available in the fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of fund balance $150,000 Increase A~propriations: PERS $150,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of October, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: September 20, 2006 Adopted: October 4, 2006 Effective: October 4, 2006 Approved by Finance:~_ (9/13/2006) hl - Suggested by: Mayor Porter CYTY OF KENAI ORDINANCE NO. 2192-200B AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.40 ENTITLED, "REGULATION OF SMOKING IN EATING ESTABLISHMENTS" TO INCLUDE BOWLING ALLEYS AS A PLACE WHERE SMOKING IS PROHIBITED WITHIN THE CITY OF KENAI. WHEREAS, Ordinance 1998-2003 adopting KMC 12.40 entitled "Regulation of Smoking in Eating Establishments" was adopted in 2003; and, WHEREAS, KMC 12.40 prohibits smoking within eating establishments in the City of Kenai; and, WHEREAS, the prohibition against smoking in eating establishments has been well- received by the general public; and, WHEREAS, the harmful effects of secondhand smoke are well-documented and include lung cancer, respiratory infection, decreased respiratory function, broncho- constriction and broncho-spasm; and, WHEREAS, numerous studies have found that secondhand smoke is a major contributor to indoor air pollution which can cause harm to patrons and staff of bowling alleys; and, WHEREAS, expanding the prohibition in KMC 12.40 to include bowling alleys would benefit the general public using bowling alleys and is in the best interest of the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 12.40 is amended as shown in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of October 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: SeptemUer 20, 2006 Adopted: October 4, 2006 Effective: November 4, 2006 Title 12 HEALTH AND SAF'ETY Chapter 12.40 REGULATION OF SMOKING IN EATING ESTABLISHM~NTS AND BOWLING ALLEYS 12.40.010 De~nitions. "Bar" means a premises licensed under AS O4.11.090 which does not employ any person under the age of twenty-one (21) and which does not serve any person under Yhe a~e of twenty- one (21) unless accompanied by a parent or guardian, and where tobacco smoke cannot filter into any other area where smoking is prohibited through a passageway, vent7lation system ar other means. A"bar" does not include areas in an eating establishment where alcoholic beverages may be served. "Eating establishment" means any restaurant, coPfee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or pubiic school cafeteria, fasY food seivice and other establishments, including any bar area of any such establishment which is not an enclosed area, the primary purpose of which is to give or offer far sale food to the pubiic and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as ]citchens in which food is prepared. "Enclosed area" means a ventilated area so that air from a smoking area is not drawn into oi across the nonsmoking area where all space beYween a floor and ceilin~ is enclosed on all sides by soiid walls or windows, exclusive of doors or passage ways, which extend from the floor Yo the ceiling, including all space therein screened by partitions which do not exCend between the floor and ceiling or are not solid. The doors of an enclosed area should remain closed whenever practicable. "Operatar" means and includes the owner, proprietor, manager, lessee, lessor, lieensee or any other person exercising control over any eating establishment or bar. "Smoking" means the burning, inhaling or exhaling of a Cobacco or carrying any lighted p~pe, cigar, cigarette or other combusfible subatance in any manner ar in any form. 12.40.020 Regutation of smoking in eating establishments and bowlin~ alleYS. Smoking is prohibited and is unlawfu] within all indoor eating establishments and bowlina allevs. 12.40.030 Where smoking not regulated. NotwiChseanding any other provision of this chaptei; the following areas shall not be subject to the smoking restrictions of this chapter: (a) Bars; and ~ (b) Eating establishments while in use in their entirety fbr private functions; and (c) Any patio or other area of an eating establishment which is entirely open to the sky. Ordinance No. 2192-2006 Page 1 of 3 12.40.040 Sign posteng requirement. (a) The operator of a bar, [OR] eating esCablishment or bowline alley controlled by this chapter shall posY signs stating "No Smoking," with letters of not less than two (2) inches in height or the international "No Smoking" symbol(consisting of a pictorial representation of a burning cigarette enclosed in a red circle wiYh a red bar across it), and wiCh letCers of not less than one (1) inch in height, ciCing City of Kenai Municipal Code Chapter 12.40. Signs shal] be clearly, sufFiciently and conspicuously posCed in every location where smoking is controlled by this chapter. (b) Every operator of an eafing establishment or bowlin~ allev regulated by Yhis chapter sha11 have posted aY the enCrance of the eating establishmenf or bowlin~ alley a sign clearly stating "No Smoking," which meets the above described requirements. 12.40.050 No retaliation. No person may retaliate or discriminate against any customer or employee because such person exercises any right to a smoke-free environment afforded by this chapter. 12.40.060 Violations and penalties. (a) It is unlawful for any person who operates any premises subject to regulation under this chapter to fail to comply with any provisions of this chapYer. (b) If is unlawful for any person to smoke in any area where smoking is prohibited by this chapter. (c) Any person who violaYes any provision of this chapter shall be guilty of an infraction, punishable by: (1) A fine not exceeding one hundred dollars ($100.00), plus any surcharge required to be imposed by AS 12.55.039, for a first violation wiYhin a Cwenty-four (24) month period; (3) A fine not exeeeding two hundred dollars ($200.00), plus any surcharge required fo be imposed by AS 12.55.039, for a second violaCion within a twenty-four (24) month peliod as measured from the date of first violation; or (3) A fine not exceeding five hundred dollars ($500.00), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a twenty-four (24) month period as measured from the date of first violation. (d) Each and every day that such violaYion conYinues shall be deemed a separate and distinet violation. (e) Any person aggrieved by a violation or threatened violation of Chis chapter or the City may bring a civil action against a person who violates this chapter and may recover a civil penalty not to exceed three hundred dollars ($300.00) per violation. An acfion to enjoin a violafion may be brought notwithstanding the availability of any other~ remedy. 12.40.070 rnforcement. (a) Administration of this chapter sha11 be by the City Manager or his or her designee(s). Any person who desires to register a complaint hereunder may initiate enforcement consideration with the CiCy Manager or his or her designee(s). (b) Prior to citing an owner for violaCion of this chapter, the City shall provide the operator wich a written warning~for any such violation. Thereafter, in Che case of the first violaCion oP this Ordinance No. 2192-2006 Page 2 of 3 chapter in any two-year period, the operator shall be subject to the penalties set forth in Section 12.40.060. 12.40.080 Other applicable laws. This cliapter shall not be interpreted or construed Yo permit smoking where if is otherwise restricted by other applicable laws or regulaCion. Where sfate law and the provisions of fhis chapter apply to the same area or activities, the more stringent provision creating a smoking prohibition shali apply. Ordinance No. 2192-2006 Page 3 of 3 "V ~IIGIqe GUG~f? a pRSt GG W6t J ~ ~ Zr~^~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 u~ ~--, Telephone: 907-283-7535 / FAX: 907-283-3014 ,'~~~~ ~ 1992 t/~ec~~of KENA~ SKA ~EMO: TO: City Council FROM: Rick Koch DATE: September 15, 2006 SUBJECT: Alaska Fire Training Center (PRISM) The purpose of this correspondence is to request your approval to allow the city manager to negotiate and enter into an agreement for facility management services with the State of Alaska, Departmeut of Public Safety, Division of Fire Prevention (hereafter Fire iVlarshall). This agreement will provide for the orderly transition of managemenY of the training facility from AAI Services. AAI Services has infonned the city they were not interested in continuing as the managing ei7tity of the facility past the contractual completion date of December 31, 2006. ~ The Fire Mazshall's office intcilds to obseive operations begnluing in October and assume management responsibility on DecemUer 1, 2006. We are presently negotiating an amendment to the management agreemenT with AAI Services in which the city will purchase in excess of $ 2 million worth of equipment for $ 250,000. This includes two fire Eraining props valued in excess of $ 700,000. This manageme»t agreement includes the creation of an advisory committee made up of various user groups to assist in identifying future Lraining needs as we11 as providing other technical assistance. This agreement results in the city no longer having to pay a management fee of $ 25,000, nor to incur maintenance and operations costs of approximately $ 35,000 az~nually. Thank you for yotu• attention in this matter. r FACII,ITY MANAGEMENT AGREEMENT FOR ALASKA FIRE TRAINIIVG CENTER THIS AGREEMENT is made and entered into on this day of between the CITY OF KENAI, an Alaskan home-rule municipal corporation Fidalgo Avenue, Kenai, Alaska 99611-7794 (hereinafter "Cit~'), and th DeparUnent of Public Safety, Alaska Division of Fii•e Prevention, _ (address) (hereinafter "Alaska Division of Fire Prevention"). WITNESSETH: WHEREAS, the Cify owns the Alaska Fire Training Cen4er located in Kenai, to enable hands-on training of fire response personnel in scenarios replicating actual emergencies involving aireraft and structuraUindustrial settings (hereinafter the "Center"); and WHEREAS, tbe Alaska Division of Fire Prevention has certain technical expertise in the field of firefighter training, including training oP personnel and trainers, and the maintenance and operation of fire training equipment; and WHEREAS, the City owns a sri-ueturaUindustrial fire training faeility on the Center site, iu order to enhanee Yhe training opportunities available at the Center; and WHEREAS, the Cify has constructed an Administration Facility (hereinafter "Facilit~'), which will accommodate classroom Yraining and certain hands-on training for nse of apparatus and fire training equipment; and WHEREAS, the City desires thaY the Alaska Division of Fire Prevention accept management of the Center, and the Alaska Division of Fire Prevention desires to perform mana~emenY of Yhe Center, under the terms and conditions described herein below; and WHEREAS, this Agreement is intended to allow the Alaska Division of Fire Prevention's offiee to manage and operate the Alaska Fire Training Center for the purpose of providing training. That training cun~culum includes, but is not limited to, safe firefighting, hazardous material, emergency response, and public safety/law enfoxcement. NOW, THEREFORE, in consideration of the mutual premises appearing below, and other gc~od and valuable consideration, the receipt of which is hereby aclrnowledged, the parties agree, as of the date last appearing below, to be bound by the following terms: 2006, by and with o£fices at 210 e State of Alaska, Alaska Fire Trainin~ CenCer Faeiliry Management Agreement Page 1 of 12 ~ ~,a . I. TERM OF AGREEMENT This Agreement shall commence on the date last appearing below, and shall conrinue until II. OPERATION OF CENTER BY ALASKA DIVISION OF FIRE PREVENTION The Alaska Division of Fire Prevention shall perform the following duties throughout the teim of this Management/ Operations Agreement (hereinafter the "Agreement"}. In performance of such dnties, the Alaska Division o£ Fire Prevention shall not act as the City's agent, except to the extent auChorized by this Agreement or subsequent written ~ant of such authority. The Alaska Division of Fire Prevention shall obtain any and all permits or licenses relevant to its performance of fire training services hereunder. A. Training. The Alaska Division of Fire Prevention shall schedule training at the Center on a year-round basis. The training is intended to include, but not be limited Yo, firefighting, hazardous material, emergency response, public safety and law enforcement. L The Alaska Division of Fire Prevention shali provide to the City: a. AARF and Airport Operations training required by Part 139 to City personnel which shall be fuily compliant with Part 139 of the Federal Airport Regulations (as amended) at no cosC to the City; and b. Structural/industrial training to City personnel on a class-available and space- available basis at no cost to the City. c. Annual Live Fire Drill training on a space available or reimbursable propane costs basis. d. Classroom space at no charge on a space available basis for FAA, TSA, or other airport-related training. 2. The Alaska Division of Fire Prevenfion shall provide training to fhird parties. 3. Revenues generated by training at the facility shall be distributed in the following order: a. Reimburse Alaska Division of Fire Prevention for all direct eosts for management and operations. b. Reimburse City for all direct costs for facility maintenance, maintenance of AARF vehicles, and snow removal/landscape maintenance. c. Reimburse City an amount up to $25,000 per year for purchase of fire fighting training props frorn the AAI. d. Additional revenues shall be placed in capital improvements/major maintenance/equipment replaeement fund. Expenditures &om this fund are subject to joint approval by the Alaska Division of Fire Prevention and fhe City. 4. At fhe end of the agreement, any money in the capital improvements/major maintenance/equipment replacement fund will be divided equally between the C7ty Alaska Fire Training Center Pacility Management Agreemenf Page 2 of 12 and the Alaska Division of Fire Prevention. Any equipment purchased in whole or in part with these funds sha11 belong to 2he City. B. Equipment. L The Alaska Division of Fire Prevention shall maintain the City-provided equipment, including: (a) that identified on the attached Exhibit A made a part hereof by this reference; and (b) electrical components of prop con~rols, operations paneis and training equipmen2/systems wlvch are part of the Facility, and shall return same to City at the end of the term of this Agreement in substantially the same coudition as when received by the Alaska Division of Fire Preveation, reasonable wear and tea~• excepted. For losf or damaged items, the Alaska Division of Fire Prevention shall repair or replace City- provided equipment. 2. The Alaska Division of Fire Prevention equipment at its sole expense: a. Propane b. Props c. Sensors d. Controls shall provide and maintain the following C. Maintenanee of Facility. The Alaska Division of Fire Prevention sha11 provide access to the Facility to city personnel (for inspection purposes) during all normal operating hours (and otherwise by reasonable advance notice). The City shall norify the Alaska Division of Fire Prevention if it requires emergency entry afCer operating hours. 1. Janitorial services: The Alaska Division of Fire Prevention shall perform or cause to be performed janitorial services within the interior of the FacIlity, except the 4,000 square-foot area on the seeond floor that may be leased by the City to a third party, including trash removal, and cleaning of classroom, office, and eommon areas as required to maintain a neat and clean appearance in the Facility. To the extent any other floar space is used by Yhe City (or ~a third-party Yhrough the City), a pro-rata adjushnent shali be made. 2. Utiliries: The Alaska Division of Fire Prevention shall pay utilities directly. To the extent any floor space is used by the City (or by a third party through t1~e City), a pro- ra2a adjustrnent shall be made. 3. Routine Maintenance: The Alaska Division of Fire Prevention shall perform ar cause to be performed routine maintenance on a11 incoiporated systems, including: waste water pr~treatrnent (prior to entering the municipal system); water supply; ventilation and air inonitoring, propane plant and liquid propane systems, fire extinguisher eharging systems, fire suppression and alarm systems (sprinklers), electrical, elevator systems, plumbing, heating, ventilarion and air conditioning and air systems, emergency breathing systems, communication sysfems, self-contained breathing apparatus fanks, high pressure charging tanks, and the ePfluent building Alaska Fire Training Center ~ Pacility Management Agreement Page 3 of 12 structure. This includes any preventive maintenance as may be recommended by the manufacturer of the system (with information to be supplied to the Alaska Division of Fire Prevention by the City upon occupancy) and any emergency service ca11s. However, it shall be the City's responsibility to schedule any inspections (annual or special) which may be required to comply or ensure compliance with any regulations. To the extent any floor space is used by the City (or third party through the City), a pro-rata adjustment shall be made for maintenance of those articles which are in common use. 4. Other Maintenance: Items which are beyond routine maintenance and which are non-emergency repairs to be performed by the City shall require notice by the Alaska Division of Fire Prevention to the City; emergency repairs may be performed by the Alaska Division of Fire Prevention or a party performing at its request, so long as the Alaska Division of Fire Prevention notifies the City as soon as possible of such repair(s). 5. Warranty Items. Upon discovery of defective workmanship, defective rnaterials, or evidence or poor design, construction or installation, the Alaska Division of Fire Prevention shall inform the City promptly of such item. 6. The Alaska Division of Fire Prevention shall invoice the City fox any pro-rata adjustments agreed to by the parCies. D. Maintenance of Specialized AircraFt Rire Trainer ("SAFT"). The Alaska Division of Fire Prevention shall be responsible to return the SAFT to the City in substantialiy the same eondifion as existed at the eommencement of Yhe term of this Agreement, exeepY for any damage which rnay be eaused by (a) reasonable wear and tear; or (b) events not caused by negligent act or omission of the Alaska Division of Fire Prevention (including its agen2s, employees, cusfomers and invitees). E. Maintenance of AARF/A-2000 ("Fuel Spill Trainer"). The Alaska Division of Fire Preeention shall be responsible to return the A-2000 to the City in substantially the same condition as existed at the commencement of the term of this Ageement, except for any dama~e which may be caused by (a) reasonable wear and tear; or (b) events not caused by negligent aet or omission of the Alaska Division of Fire Prevention (including its agenYs, employees, customers and invitees). F. Mainfenance of T-2000 (`Burn Buitding"). The Alaska Division of Fire Prevenrion shall be responsible to return the T-2000 to the City in substantially the sarne condition as existed at the commencement of the ferm of this Agreement, except for any damage which may be caused by (a) reasonable wear and tear; or (b) events not caused by negligent act or omission of fhe Alaska Division of Fire Prevention (including its agents, employees, customers and invitees). G. Maintenance of Industrial Trainer ("Ruptured Pressure Vessel"). The Alaska Division of Fire Prevention shall be responsible to rehun the Industrial Trainer to the City Alaska Fire Training Center Facility Management Agreement Page 4 of 12 in substantially the same condition as existed at the commencement of the term of this Agreement, except for any damage which inay be caused by (a) reasonable wear and tear; or (b) events not caused by negiigent act or omission of the Alaska Division of Fire Prevention (including its agents, ernployees, customers and invitees). H. Annual Operating Ptan. The Alaska Division of Fire Prevention shall draft an operating plan no later than October 31 during each year of this Agreement, which pian shall set forth the anticipated use of the Center for the upeomin~ fiscal year. The City shall be provided with a copy of the operating plan. I. Annual Report. The Alaska Division of Fire Prevenrion sha11, within 90 days of the end of the calendar year, prepare an annual report of operations to inelude statistics that show the type of classes taught and attendance alon~ with revenues and expenses with sufficienY detail to provide the City wiYh a clear view of the finaneial operations. The finaneial recorfls pertaining to the operations of tl~e facility shall be made available 2o the Ciry upon request. J. Notification. The Alaska Division of Fire Prevention, by the end of January each year, shall provide the City with a written request for funding any major maintenanee and/or equipment items so tliat tlie City is able to include such iteins, if appropriate in the annual Uudget process. K. Cooperative Marketing Efforfs. The Alaska Division of Fire Prevention shall work cooperatively with the City to market the Center with the goal of attracting new business for the Center and to retain established clients. The Alaska Division of Fire Prevention will incorporate informarion and materials made auailable by the City to enable the Alaska Division of Fire Prevention to promote local enterprises of potential interest to the Center's elien2s. L. Indemnificatiom The Alaska Division of Fire Prevention shall save or hold the City hatmless from all actions, suits, liabilities, or damages resulting from or arising out of any negligent acts of commission or omission by the Alaska Division of Fire Prevention, its agenfs, employees, customers, invitees, or caused by the Alaska Division of Fire Prevention's oecupation, operation, or use of t1~e Facility, and to pay all costs connected therewith, inciuding reasonable attorney's fees. Notwifhstauding the afore stated provision, the City sha11 save or hold the Alaska Division of Fire Prevenrion harmless from all actions, suits, liabilities, or damages 2o the extenY resulting from or arising out of any negligent acts of commission or omission by the City's tenant, its agents, employees, customers, invitees (the "Tenant"), or caused by the Tenant's occupafion, operation, or use of the Faeility, and to pay al1 costs connected therewith, including reasonable attomey's fees. M. Insuranee. The Alaska Divisiou of Fire Prevenfion shall obtain and maintain insurance, in amounts not less than those listed belc~w, by insurance companies with acceptable industry ratings, so long as sueh company is not barred from insuring City assets. All policies or endarsements shall, where possible, name the City as an additional insured. Alaska Fire Training Center ~ Paciliry Mana~ement Agreemenf Page 5 of 12 The Alaska Division of Fire Prevention shall not commence to perform under Chis Agreement until all required insurance is in full force and effect. The Alaska Division of Fire Prevenrion shall provide the City with cerCificates of insurance within thirty (30) days of the effec2ive date of this A~reeinent. Comprehensive general liability combined single limif (death, bodily injury and property damage) $10,000,000.00 Worker's Compensation Sfatutory Minimum or 2. A self-insurance program, or combination thereof, acceptable to the City. N. Compliance with all applicable regulation. In perfonning under this Agreement, the Alaska Division of Fire Prevention agees that it shall comply with all applicable local, state and federal regulations pertaining to such performanee. The Alaska Division of Fire Prevention shall noY knowingly permit illegal activities to occur on the Center premises. O. Independent Contractoe Status. I"he Alaska Division of Fire Prevention shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which the Alaska Division of Fire Prevention performs the services required hereunder. Nothing contained herein shall be construed as creafing an employment or a~ency relationship between the City and the Alaska Division of Fire Prevention (for the purposes of this Secrion, the Alaska Division of Fire Prevention shall include its employees, agents, officers, directors, and subcontractors). The Alaska Division of Fire Prevention shall be solely responsible for the compensation (including benefits, if any) paid to said parties. The Alaska Division of Fire Prevention sha11 determine the appropriate personnel required to perform fhe dnties deseribed herein, and shall select, hire, supervise, and manage such personnel. This agreement does not lease, demise, rent or otherwise convey any land or interest in lands or property, in the Racility or Center, or 2he property at 450 Marathon Road, Kenai, Alaska Management. The Alaska Division of Fire Prevention shail have management authority of the Center for hands-on training on aircraft and structural-industrial settings, including all parking spacesxcept 12 which shall be reserved far a third-party tenant. The Alaska Division of Fire Prevention shail have management authority of the Facility (including Che entire first floor and the following spaces on the second floor: prop room and library for classroom and hands-on training). The City shall ensure that use of the second floor space by any third party {non-government enYity) is not incompatible with the Alaska Division of Fire Prevention's management and operation of the facility. Alaska Fire Training Center ~ Facility Management Agreement Page 6 of 12 Subject to fhe provisions of Section III-J, the City may, on a reasonable and scheduled basis, utilize classroom spaces on 2he first floor for educational purposes as lon~ as it does not interfere with the Alaska Division of Fire Prevention's ma~iagement of the premises. The City reserves the right to the use of the Center and Facility during government declared local or area-wide emergencies. Q. Technical Advisory Committee. The Technical Advisory Committee (CommiCtee) coinprised of indusYry representatives that utilize tl~e Center shall be selected jointly by the Alaska Division of Fire Prevention and the City. The Com~nittee shall meet at least annually to review the annual operations plan, discuss past and on-going training programs, and suggest changes, modifications, deletions and/or addifional Yo the training programs offered. The Committee shall consist of the following: One seat-Alaska Division of Fire Prevention One Seat-Alaska State Fire Marshal One seat-City of Kenai Two seats-Oii and Gas Industry Two seats-Mining Industry One seaY-Alaska Fire Chiefs Association One seat Marine Industry One seaY-ADOT/PR, Aviation Maintenance and Operations One seat-Alaska Association of Chiefs of Poliee One seat Alaska Region FAA Airports Certification Inspeotion One seat-Alaska International Airport System (FAI and ANC) IIL CITY SHALL PERFORM THE FOLLOR'ING DUTIES TEIROUGHOIIT THE TERM OF THIS AGREEMENT. A. Ingress and Egress. Provide ingress and egress to Facility for the Alaska Division of Fire Prevention, officers, employees, agents and invitees. B. Purchase of Fire Training Props. The City agrees to purchase from AAI Engineering Support, Inc. fire training props cunently at the Center for $250,000 for the use of the Alaska Division of Fire Prevention. C. Payment Terms. The City sha11 pay fhe Alaska Division of Fire Prevention charges pursuant to Yhis Agreement (Secrion II.C.6. above) no laYer than thirty (30) calendar days following Che invoice date. D. City Maintenance of Center Property. Tbe City shall provide all major maintenance of the Facilify, non-poYable water system (as well as systems to carry run-off from the sazne), mechanical, electrical and plumbing sysfems and ~ounds keepin~ (ineluding but not limited to landscapin~, grass cutting) and snow removal on the access road and parldng lot. Alaska Fire Training Center Facility Mana~emenf Agreement Page 7 of 12 E. Systems and Equipment. The City shall be responsible for the refurbishments and/or replacement of incorporated Facility systems, except prop controls, operations panels, and any classroom training equipment, which shall be maintained in good working order by the Alaska Division of Fire Prevention. The City sha11 provide the equipmenf listed on Attachment A made a part hereof by this reference and the Alaska Division of Rire Prevention shall replace the equipment as necessary. F. Non-potaUle Water for Training. The City shall provide (and maintain-routine and otherwise) adequaYe fire hydrants and/or other water delivery systems required to deliver non-potable water to the training sites around the Center, as well as the systems for carrying away the run-off from same. G. Cooperative Marketing Efforts. The City shall work cooperatively with the Alaska Division of Fire Prevention to market the Center with the goal of attracfing new business for the Center and to retain established clients. The City will ensure Che availability of informafion and materiais to enable the Alaska Division of Fire Prevention to incorporate sales, public relations, and local tourism by Center clients. H. Operating Plan Review. Not later than October 1 of each year during the term of this Agreement, the City sha11 provide to the Alaska Division of Fire Prevention it's anticipated training needs for the following fiscal year for inclusion in the Alaska Division of Fire Prevention's strategic p1an. Not later than December 1 of each year during the term of the Agreement, the City sha11 review and comment to the Alaska Division of Fire Prevention on the operating plan for the upeoming year of Center activities. I. Trainin~ Vehicles. The City shall provide the training vehicles listed on Attachment A made a part hereof by this reference at no charge to the Alaska Division of Fire Prevention for use in the Alaska Division of Fire Prevention's performance hereunder. The City shall ensure that tlte vehicles receive routine service maintenance, annual factory service, and any applicable certifications. The Ciry shall provide automobile liability insurance with an insurance company with an acceptable industry rating in the amount of not less than ONE MILLION DOLLARS ($1,000,000) per oceurrence. The City shall provide the Alaska Division of Fire Prevention a certificate of insurance name the Alaska Division of Fire Prevention as additional insured on such policy. J. Exelusivity. In recogniYion of the extraordinary investment of time and resources by the Alaska Division of Fire Prevention and the City to develop a comprehensive training site, during the term of this Agreement, the City shall not eontract with nor granY to any third parCy the right to provide fire training services for Kenai on the Center's site, unless such training services are being provided to an audience which includes only person(s) employed by the City of Kenai. Furthennore, throughout ~he term of the Agreement, no fir~related training on the site shall be scheduled independently by the City without prior coordination with the Alaska Division of Fire Prevention's local manager. Alaska Fire Training Center ~ Facilify Management Agreemenf . Page 8 of 12 K. License Applications. The City sha11 assist the Alaska Division of Fire Prevention by providing any information which may be reasonably required by the Alaska Division of Fire Prevention to obtain permifs or licenses, or to otherwise comply with local, state or federal regulations. IV. MISCELLANEOUS A. Assi~nment: Neither party may assign this Agreement fo another party without the prior written permission of the other party. However, no assignment shall relieve the original contracting party from its obligations hereunder, and the assignee shall be subjecf to all terms and condiYions of this Agreemenf. B. Default, Right to Cure, and Terminafion. Termination. This Agreement may be terminated by either party by giving one hundred twenty (120) days notice. 2. Fnnding Shortfall. The City may terminate this Agreement at any time in the event there are insufficient lawfully appropriated fiuids far the operation of 4he Center, provided that, (a) the City shall give one hundred twenry (120} days notice of such termination; (b) due to the advance booldngs which the Alaska Division of Fire Prevention may 1~ave far the Centez, at the sole election of the Alaska Division of Rire Prevention, Yhe Alaska Division of Fire Prevention may continue to operate the Center, ~roviding training to CenYer elients and to City trainees (however, during funding shortfall periods, training of City trainees shall be at a cost negoriated with the City prior to sueh training); and (c) if such funds should be appropriated prior to the original expiration date of tbis Agreement, the Alaska Division of Fire Prevention be enritled to reinstate this AgreemenY as if no interruption had occurred. 3. Acerued Fees. Upon termination of this Agreement by either party, for any reason whatsoever, the parties sha11 pay to one another fees accrued through the date of termination; but ehe payment and acceptance of sueh sums by either party shall be withouY prejudice to claims by either party far damages arising out of the brcach by the other party of this AgreemenY, including wrongful termination. 4. Return of Property. If, at the tiine of termination, either party has in its possession funds or oCher property of the other party, such property shall be retuned to the owner immediaYely, but not later than thirty (30) days following receipt of written notice. 5. Righfs and Remedies. The rights and remedies of the parties contained in this section are not exclusive and are in addirion to all other remedies available to fhe parties at law or in equity. 6. Non-waiver. The failure of either party at any time to enfarce a provision of this AgreemenY shall in no way constitute a waiver of the provision, nor in any way affect Alaska I'ire Training Center ~ Facility Management Agreement Page 9 of 12 the validiCy of this Agreement or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. 7. Amendment. This Agreement may be auiended only by written agreement executed by the parties. 8. Choice of Law. The laws of the State of Alaska shall govern the ri~hts and obligations of the parties under this Agreement. Any action commenced under diis Agreement shall be filed in the Third Judicial District at Kenai, Alaska. 9. Severability. Any provisions of this Agreement decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of this Agreement, unless such provision is reasonably considered by either party to have a material impact on the financial or operating control of the Center. Should either party reasonably consider an invalidated provision to be material, either party may terminate this Agreement with ninety (90) days prior written notice, subject to all other termination provisions set forth herein or in the Lease. 10. Nofices. All notices required by this Agreement shall be in writing and shall be sufficientiy given and served upon the other party if sent by re~istered or certified United States inail, postage prepaid, and addressed as follows: IF SENT TO CITY: City Manager City of Kenai 210 Fidalgo Avenue Kenai, AK 99611-7794 or at such other place as the City may, from time to time, designate by notice to the Alaska Division of Fire Prevention. IF SENT TO ALASKA DIVISION OF FZRE PREVENTION: Alaska Division of Fire Prevention Dept. of Public Safety State of Alaska or at such other place as the Alaska Division of Fire Prevention may, from time to time, designate by notiee Co the City. 11. Force Majeure. Except as otherwise provided, neither party shall be obligated to perPorm hereunder, and neither shall be deemed to be in default, Yo the extent its respective perfonnance is prevented by fire, earthquake, flood, act of God, strike, picket, or boycoTt of the Center, riot, civil commotion, or other matter or condition beyond the control of Che parties, including the unavailability of sufficient fue] or ener~y to operate the Center, or any law, ordinance, rule, regulation, or order of any Alaska Fire Training Center ~ Facility Management AgreemenE Page 10 of 12 public or military authority stenuning from Yhe existence of economic controls, riot hostili2ies, war or governmental law and regulation. 12. Integration. This Agreement and a11 incorporated attachments and appendixes hereto embody the entire agreement o£ the parties relating to the seroices to be provided hereunder. There are not promises, terms, conditions, or obligafions other than those contained herein, and fhis Agreement shall supersede all previous communications, representations, or agreernenYs, eiCher oral or written between the parties. LN WITl\~ESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first wi7tten above. PASSED and APPROVED by the City Council of the City of Kenai, Alaska, on the _ day of 2006. CITY OF KENAI By: Rick R Koch, City Manager STATE OF ALASKA ALASKA DIVISION OF FIRE PREVENTION By: ATTEST: Carol L. Freas, City Clerk APPROVED AS TO FORM: Cary R. Graves, City Attorney Alaska Fu-e Training Center Eacility Mana~ement Agreement Page 11 of 12 STATE OF ALASKA ) )ss THIRD NDICIAL DISTRICT ) TffiS IS TO CERTIFY that on this _ day of 2006, RICK R KOCH, Kenai City Manager, being personally lrnown to me or having produced saYisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. No2ary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2006, , for State of Alaska, being personally Irnown to me or having produced satisfactory evidenee of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing insCrument on behalf of said City. Notary Public for Alaska My Commission Expires: Alaska Fire Training Center Facility Management Agreement Page 12 of 12 COUNCYL ON AGING SEPTEMBER 7, 2006 KENAI SENIOR CENTER 7:00 P.M. AGEIVDA YTEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL YTEM 3: APPROVAL OF MEETYNG SUMMARY -- August 3, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Survey TTEM 6: NEW BUSINESS ITEM '7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8: QUESTIONS & COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ~, a. Council Action Agendas of August 2 and 16, 2006. ITEM 11: ADJOURNMENT COUNCYL ON AGING SEPTEMBER 7, 2006 KEIVAI SEiVIOR CENTER 7:00 P.M. BdLL OSBORN, PRESIDING MEETING SUMMARY %TEM 1: CALL TO ORDER & ROLL CALb, Chair Osborn called the meeting to order at 7 p.m. Roll was confirmed as follows: Members present: J. Hollier, R. Jurgensen, B. Osborn, L. rlowers, B. Friend Members absent: G. Kuntzman, E. Jones, F. Wilson Other present: Senior Center Director Craig, Council Member M. Boy1e A quorum was present. ITEM 2: AGENDA APPROi1AL MOTION: Member Flowers MOVED to approve the agenda as presented and Member Jurgensen SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- August 3, 2006 MOTION: Member Jurgensen MOVED to approve the meeting summary of August 3, 2006 and Member Flowers SECONDED the motion. There were no oUjections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUBINESS 5-a. D'ascussion -- Survey Survey results included: • Thirly-nine (39) surveys returned. • Seniors are using the facility daily - primarily for socialization. • Seniors feel staff is meeting the needs of the Seniors. • In some surveys, Seniors requested evening activities in the fall. YTEIVi 6: NEW BUSINESS -- None %TEM 7: REPORTS 7-a. Council on Aging Chair -- No report. 7-b. Senior Director -- Noted letter to hospital concerning "wellness clinic" at the Kenai Senior Center once a month and the Seniors agreed it was a vitai service to the Center. 7-a Council Liaison - Council Member Boyle reviews actions taken at the September 6 council meeting, including the airport boundary discussion. ITEM 8: (,~LTESTIONS & COMMENTS -- None ITEM 9: PERSONS NOT SCHEDULED TO BE NF.aRn -- None YTEM 10: INFORMATION 10-a. Council Action Agendas of August 2 and 16, 2006. ITEM 11: ADJOURNMENT 1VdOTION: Member Jurgensen MOVED to adjourn and Member Flowers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:15 p.m. Meeting summary prepared and submitted by: Jenifer C. Lockwood, Deputy City Clerk COUNCIL ON AGING MEETING SEPTEMBER 7, 2006 PAGE 2 r KENAI AIRPOItT COMMI3SYON SEPTEMBER 14, 2Q06 KENAI CITY COUNCIL CHAIVIBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETYNG SUMMARY a. Regular Coiiunission Meeting -- August 10, 2006 b. Special Meeting -- August 21, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BU5INE59 a. Discussion - Update on Runway Improvement Project ITEM 6: NEW BUSINESS a. Discussion -- 2007 Runway Construction Schedule vs. 2007 Air Fair b. Discussion -- Ta~dway Designations c. Recommendation -- Airport Terminal Office Space Lease Proposal/Space Number 21 ITEM 7: REPORT a. Cominission Chair b. Airport Manager c. City Council Liaison ITEM 8: COMMISSIONER COMII~NT5 AND QUESTIONS iTEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION YTEMS a. Kenai City Council Meeting Action Agendas for August 16 and September 6, 2006. b. August 2006 Monthly Enplanement and Float Plan Basin Activity Reports ITEM 11: ADJOURNMENT IfENAI AIRPORT COMMISSION SEPTEMBER 14, 2006 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHl3IR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7:06 p.m. The roll was confirmed as follows: Commissioners present: C. Versaw, L. Porter, J. Bielefeld, and H. Knackstedt Corrunissioners absent: J. Zirul, E. Mayer, and D. Haralson Others present: Council Member R. Ross and Airport Administrative Assistant M. Bondurant ITEM 2: AGENDA APPROVAL MOTION: Conunissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUNIMARY 3-a. Regular Commission Meeting -- August 10, 2006 3-b. Special Meeting -- August 21, 2006 MOTION: Commissioner Bielefeld MOVED to approve the August 10 and August 21, 2006 meeting summaries and Cominissioner Porter SECONDED the motion. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINE~S 5-a. Discussion -- Update on Runway Improvement Project Fat Daly, Wince-Corthell-Bryson -- Daly gave an update on Phase I of the Runway Improvement Project, noting the following: • Surveying and clearing are being done with the clearing almost complete. Heavy equipment is being moved in. . The Float Plane Basin will be drained and closed around October 15, 2006 to continue the e~clension of the water runway. • The basin will be opeued again around May 15, 200'7. ITEM 6: NEW BUSINESS 6-a. Discussion - 2007 Runway Construction Schedule vs. 2007 Air Fair Discussion was held on the possibie conflict of the runway construction project and the 2007 Air Fair in Kenai, i.e. should the project be funded for the runway rehab, the runway will be closed and the parallel taxiway used as the runway, and the ramp will be the taxiway? Consensus of Commission was to not want cancel the Air Fair. Other options discussed included using the CAP hangar for Kenai's portion, or holding the entire event at the Soldotna Airport. The EAA will have their fly-in breakfast regardless of the Air Fair. More discussion opportunities will be available as the project progresses and the May event geCs closer. 6-b. Discussion -- Taxiway Designations Phil Bryson, Wince-Corthell-Bryson -- Bryson e~plained the process behind the naming of the current taxiways. Discussion followed during which the following comments included: • Commission wants a logical approach to the taxiway designations. • Intersections need to be sequential with a"corrunonality.° • Parallel taxiway can be anything, but reserve four letters and make adjustments as needed. • This is a safety issue -- Local pilots will adjust but the airport is used as flight training by Anchorage operators, and pilots from the lower 48. Bryson will relay all comments to the Airport Manager, City Manager and report back. Addition comsnents included: • Questioned of a designated runway sign on the south end. . There is no taxiway centerline from the new taxiway Alpha to taxiway Lima. In low visibility it is hard to taxi without the line. • Positive comments were also relayed to Wince-Corthell-Bryson on the uew parallel taxiway extension 6-c. Recommendation -- Airport Terminal Office Space Lease Proposal/Space Number 21 Upon review of the information provided, Cominission concurred the agreement should go forward. MOTIOBi: Commissioner Porter MOVED to recommend to Council the City enter into an agreement with Cloud & Ribelin Real Estates, LLC to rent Airport Terminal Space 21. AIRPORT COMMISSION MEETING SEPTEMBER 14, 2006 PAGE 2 Comnussioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT ?-a. Commfssion Chair -- No report. '7-b. Airport Manager -- No report. 7-c. City Council Liaison -- Council Member Ross informed the Coxnixiission of the minor changes Council made at the September 6, 2006 council meeting to the airport regulations and airport reserve boundary. lTEM 8: COMD~IISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for August 16 and September 6, 2006. 10-b. August 2006 Monthly Enplanement and Float Plan Basin Activity Reports ITEM 11: ADJOURNMENT MOT%ON: Cominissioner Versaw MOVED to adjourn and Conunissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. There being no further business hefore the Comrnission, the meeting adjourned at approximately 8:15 p.m. Meeting summary prepared and submitted Uy: Carol L. ~-eas, City Clerk AIRPORT COMMISSION MEETING SEPTEMBER 14, 2006 PAGE 3 IiENAI IiARBOR COMMISSYON MEETING SEPTEMBER 11,2006 CITY COUNCIL CHt11i~ER5 7:00 P.M. tSGENDA YTEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL YTEM 3: APPROVAL OF MEETING SUMMARY a. June 12, 2006 b. July 1Q 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion -- Update/Bluff Stabilization Project ITEM 6: NEW BUSINESS ITEM 7: REPORTS a. Public Works Manager b. Dock Foreman c. City Councll Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCFIEDULED TO BE HEARD YTEM 10: INFORMATION a. Kenai City Council Action Agendas of August 2 and 16, 2006. ITEM 11: ADJOURNMENT • KENAI HARBOR CONYMISSION MEETING SEPTEMBER 11,2006 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMF'SON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: B. Eldridge, R. Canady, J. Foster, T. Thompson Corruiiissioneis absent: S. Romain, B. Osborn Others present: Public Works Manager K. Kornelis ITEM 2: AGENDA APPROVAL MOTION: Commissioner Eldridge MOVED for approval of the agenda as presented and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY 3-a. June 12, 2006 3-b. July 10, 2006 MOTION: Cominissioner Eldridge MOVED to approve the meeting summaries of June 12 and July 10, 2006 as presented. Cominissioner Foster SECONDED the motion. There were no objections. SO ORDERED. YTEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS 5-a. Discussion -- Update/Bluff Stabilization Project A general discussion took place related to the Corps of Engineers report included in the packet. Comments included: • Concerns with Section 7. • Administration is reviewing the economic impact after 50 years, i.e. cost of lost infrastructure, roads, water/sewer, etc. • Suggestion of the project being divided into five phases. In regard to permitting, the agencies have commented and the Corps is responding. • The Corps wants six to eight holes drilled along the bluff and is contracting engineers to do the work. • Survey work will be done in late fall. • Suggestion to request grants, i.e. $3 Million for five phases. MOTION: Com~nissioner Eldridge MOVED to recommend the City Council consider breaking down the Kenai Erosion Control Project into five phases, i.e. 1. Armor rock for one-half the project in front of the Senior Center; 2. Arnior rock remaining project; 3. Contour Phase 1 of project in from the Senior Center; 4. Contour the remaining project; 5. Construct the coastal trail far the project; and, request $3 Million for each of the five phases as grant funding from federai and state goverrunents. Comnussioner Canady SECONDED the motion. There were no objections. 50 ORDERED. YTEM 6: NEW BUSINESS -- None. ITEM 7: REPORTS 7-a. Publie Works Manager - Kornelis reported the following: • An update of the dip net fishery, noting it was successful, improves each year, and, the added launch ramp was a huge improvement. • Dock fuel dispensers have been replaced. • Cranes will be inspected. • Dock Foreman Swede Freden retired and Dan Evenson was hired as the replacement. 7-b. Dock Foreman -- No report. 7-c. City Council Liaison - No report. ITEM 8: Thompson asked if a new council liaison would be assigned. Eldridge noted the following: • Questioned the walkway status. Kornelis reported the project remains on the STIP list and the environmental study was ongoing. HARBOR COMMISSION MEETING SEPTEMBER 11, 2006 PAGE 2 • Reported he would be absent from the October meeting. • Reported on a meeting with Cormnissioner Osborn, John Faulkner and Roy Wells related to KEDS discussions of waterfront development. ITEM 9: PERSONS NOT SCFIEDULED TO BE HEARD -- None. ITEM 10: %NFORMATION 10-a. Kenai City Councll Action Agendas of August 2 and 16, 2006. ITEM 11: ADJOURNMENT MOTION: Conurussioner Foster MOVED for adjournment and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 7:50 p.m. Meeting summary prepared and submitted by: Carol L. FYeas, City Clerk IIARBOR COMMISSION MEETING SEPTEMBER 11, 2006 PAGE 3 - KENAI PARKS & RECREATEON COMMISSION SEPTEMBER 7, 2006 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- a. July 6, 2006 b. August 3, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. D'sscussion -- Disc Golf Expansion ITEM 7: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 8: COMMISSION QUESTIONS & COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE FIEARD ITEM 10: INFORMATION a. Council Action Agendas of August 2 and 16, 2006. b. Beautification Committee Meeting Summary olJuly 11, 2006. ITEM 11: ADJOURNMENT KENAI PARKS & RECREATIOIV COMMISSYON SEPTEMBER 7. 2006 CITY HALL COUNCYL CHAMBERS 7:00 P.M. CHAIR DAI.E SANDAHL, PRESIDIIVG ITEM 1: CALL TO ORDER & ROLL CALL Chair Sandahl called the meeting to order at approximately 7:20 p.m. Roll was confirmed as follows: Commissioners present: J. Beeson, D. Sandahl, J. Foglia, D. Hagen Commissioners absent: A. DeMello, J. Carroll, T. Wortham Others present: Council Member J. Moore, Parks & Recreation Director B. Frates, Parks & Recreation Assistant A. Bralley A quorum was present. YTEM 2: AGENDA APPROVAL The agenda was approved with the addition of Ross BaYter's letter relating to the disc golf elcpansion request. I2EM 3: APPROVAL OF MEETING SUMMARY 3-a. July 6, 2006 -- There were no changes noted and the summary was approved as presented. 3-b. August 3, 2006 -- There were no changes noted and the summary was approved as presented. ITEM 4: PERSONS SCHEDiTLED TO BE HEARD -- None ITEM 5: OLD BUSINESS -- None YTEM 6: NEW BUSINESS 6-a. Discussion -- Disc Golf Expansion Ross Baxter -- Baxter explained the elcisting course has been successful and felt it time to e~cpand to the other trail loop east of the present course; various community businesses paid for the initial nine (9) baskets; he requested the City pay for the proposed expansion at an estimated cost of $6,000 which would include nine (9) baskets, shipping, signs, cement and sono tube. Baxter stated his support of the expansion. Jo Scott -- Scott Explained she recently moved to the area from Vermont and stated her support for the disc golf eacpansion. MOTION: Commissioner Beeson MOVED to recommend the idea of expanding the disc golf course go to Council for funding. Cominissioner Hagen SECONDED the motion. There were no objecUons. SO ORDERED. ITEM 7: REPORTS 7-a. Commission Chair -- None. 7-b. Director -- Director Frates reported the following: • An update on the Unity Trail Marathon. . Ice will be available October 1. • An exploratory well is being drilled at the Kenai Soccer Park. • A recent meeting with the Kenai Kennel Club concerning dog park. 7-c. City Council Liaison. None ITEM 8: COMMISSION QUESTIONS & COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD Bob Pugh, Kenai Montessori School -- Pugh requested a Peace Pole be installed at Leif Hansen Park to commemorate International Day of Peace on September 2l . ITEM 10: INFORMATION 10-a. Council Action Agendas of August 2 and 16, 2006. 10-b. Beautification Committee Meeting Summary of July 11, 2006. ITEM 11: ADJOURNMENT There being no further business before the Commission, the meeting adjourned at approximately 8:05 p.m. Meeting Summary prepared Uy: Jenifer C. Lockwood, Deputy City Clerk PARKS & RECREATION COMMISSION MEETING SEPTEMBER 7, 2006 PAGE 2 ~ CITY OF KENAI PLANNING & aONING COMMISSION AGENDA September 13, 2006 - 7:00 p.m. l. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Excused Absences • Commissioner Romain d. Consent Agenda *All items IisCed wiCh an asterisk ('~) are considered to be routine and non-controversial by the Commission and wi11 be approved by one motion. There will be no separate discussion of Chese items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *August 23, 2006 3. SCHEDULED PUBLIC COMM~NT: ~ 4. CONSIDERATION OF PLATS: 5. PUBLIC H~ARINGS: 6. OLD BUSINESS: a. KMC 14.20.105 - Townsite Historic (TSH) Zoning District - Discussion 7. NEW BUSIN~SS: a. Zoning Amendment - Tinker/McCollum Co Swires Drive - Discussion - Requested by Chairman Eldridge b. November and December Meeting Schedule - Discussion c. *PZ06-60 - Application for a home occupation pernut for a daycare for the property known as Lot 5, Block 1 Ror Pete's Sake Subdivision (110 Aleene Way), Kenai, Alaska. Application submitted by Polly M. Conaway, 110 Aleene Way, Kenai, Alaska. d. Central Mixed Use Zone (CMU) - Rezone - Discussion 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. P~RSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Zoning Bulletin (8/25/06) 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CYTY OF KENAI PLANNING & ZONING C011 SEPTEMBER 13,2006 7:00 P.M. CHAIR BARRY ELDRIDGE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Eldridge called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Coinmissioners present: B. Eldridge, P. Bryson, R. Welis, R. Fullinck, J. Jenckes Coimnissioners absent: J. 'Ituait, S. Romain (excused) Others present: Councilperson R. Ross, City Planner Kebschull, Contract Secretary B. Roper A quorum was present. 1-b. Agenda Approval MOTION: Cormnissioner Wells MOVED to approve the agenda and Comrnissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-c. Excused Absences • Commissiones Romain 1-d. Consent Agenda MOTION: Commissioner Jenckes MOVED to approve the consent agenda as submitted. Commissioner ~llinck SECONDED the molion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MYNUTES -- August 23, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLE~TS -- None ITEM 5: PUBLIC HEARINGS -- None ITEM 6: OLD BUSINESS 6-a. Discussion -- KMC 14.20.105 - Townsite Historic (TSH) Zoning District Chairman Eldridge reiterated his desire for more restrictive construction requirements within the Townsite Historic District Zone, specifically having to do with design. Discussion followed with comments including: • The area had already e~erienced various and inixed construction activities with no stipulations and precedence had already been set. • Concern expressed with the boarded and deteriorating historic structures and where funding options were available to revitalize them. It was noted steps were being taken to have those structures relocated, etc. and grants may be available to rebuild the structures. • No Uoundary or border is apparent in the Historic District and it is difficult to distinguish exactly where the area is. • A historic survey is available which includes various building timeframes and when they gained historic status. • Suggestion a work session be scheduled to discuss the issue. • The City maintains a Certified Local Government status which allows access to a local archeologist and architect who volunteer their services as a review cominittee when needed. A work session was scheduled following the October 25, 2006 regular Planning & Zoning Comriii.ssion meeting. Adininistration will invite Architect Bill HIuge and a representatives of the Historic Society to attend the work session. ITEM ?: NEW BUSINESS 7-a. Discussion -- Zoning Amendment - Tinker/McCollum to Swires Drive (Requested by Chairman Eldridge) Eldridge requested comments of the Corrunission related to possibility of rezoning the area from Tinker/McCollum to Swires Drive to Limited Commercial. After discussion it was the general consensus to postpone any decision to rezone in this area. City Planner Kebschull noted no feedback had been received from the public related to the recently rezoned area (along Spur Highway) except for one property owner attempting to sell his property who believes the lack of permitted uses in the area was limiting his market. 7-b. Discussion -- November and December Meeting Schedule Due to the Thanksgiving and Christmas holidays, the Coinmission requested cancellation of the November 22nd and December 27th meetings. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2006 PAGE 2 7.c. PZ06-60 - Application for a home occupation permit for a daycare for the property known as Lot 5, Block 1 For Pete's Sake Subdivision (110 Aleene Wayj, Kenai, Alaska. Application submitted by Polly M. Conaway, 110 Aleene Way, Kenai, Alaska. Approved by consent agenda. 7-d. Dascussion -- Central Mixed Use Zone (CMU)/Rezone Kebschull reported the City Council had amended the Kenai Zoning Code to include the Central Mixed Zone (CMU). During the development of the zone, the Commission developed an area for possible consideration if the zone was adopted. Kebschull asked the Commission if a work session and/or a public hearing should be scheduled to review the area. The Comitiission requested a work session be scheduled following the regular meeting on October 11, 2006. Kebschull reported she would send out notices to property owners and post the work session schedule in the newspaper. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9-a. City Council -- Council Member Ross noted the September 6, 2006 City Council meeting action agenda was included in the packet. 9-b. Borough Planning -- Coiiunissioner Bryson provided a report on action taken at the August 28~ and September ll~ Borough Pianning meetings. 9-c. Administration -- Kebschull reported the following: • 1~vo lots are in the process of being cleared off Willow and will Ue prepared for construction in the spring. • The City Manager and staff will identify various Capital Improvement Projects (CIP) and the Planning & Zoning Cormnission will be involved in the process. The list will be provided to the Borough in early December. The Coinmission was asked to be prepared to provide input. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None YTEM 11: INFORMATION ITEMS 11-a. Zoning Bulletin (8/25/06) ITEM 12 : COMMISSION COMMENTS & QUESTIONS PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2006 PAGE 3 Commissioner Fullinek questioned why former Council Member Bookey was allowed to build within the 25-foot setback and Kebschull explained no setbacks are required in the Commercial Zone, allowing building right up to the property line. Commissioner Jenckes discussed development in the SeatUe/Ballard area and emphasized the walking areas to various services. Commissioner Wells noted he would be absent from the SeptemUer 27 and October 11 meetings. Chairman Eldridge noted he would be absent from the SeptemUer 27 and October 11 meetings. ITEM 13: ADJOURNMENT MOTION: Coiniiiissioner Bryson MOVED for adjournment and Commissioner Wells the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at 8:20 p.m. Minutes recorded and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2006 PAGE 4 ~ ~ ~v KENAI BEAUTIFZCATION COMMYTTEE SEPTEMBER 12, 2006 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY - August $ 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- Future Beautification Ideas ITEM 7: REPORTS a. Conunittee Chair b. Parks & Recreation Director c. Kenai City Councff Liaison ITEM 8: QUE5TIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. City Council Action Agendas of August 2 and August 16, 2006. b. Parks & Recreation Cornmission Meeting Minutes of August 3, 2006. ITEM 11: ADJOURNMENT KENAI BEAUTIFICATYON COMIVIITTEE SEPTEMBER 12, 2006 7:00 P.M. KENAI COUNCIL CHAMBERS VICE CFiAIR HELEN BROWN, PRESIDING MEETING SUNIMARY ITENi 1: CALL TO ORDER & ROLL CALL Vice Chair Brown called the meeting to order at appro~cimately 7:10 p.m. Roll was confirmed as follows: Members present: M. LeFebvre, L. Seymour, P. Baxter, K. Shearer, H. Brown Members absent: M. D'unmick, S. Hatch Others present: Council Member L. Swarner, Parks & Recreation Director B. Frates A quorum was present. ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY -- August 8, 2006 There were no changes to the meeting summary of August 8, 2006 and it was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE EiEARD -- None. ITEM 5: OLD BUSINESS -- None. ITEM 6: NEW BUSYNESS 6-a. Discussion -- Future Beautification Ideas Vice Chair Brown reported she and Mayor Porter toured the city. She offered the following as beautification enhancement ideas: l. Plant circle planters the same. 2. Remove trees in circle planters at Willow and Spur Highway. 3. Utilize planter boxes in Old Town. 4. Use cobblestone work in sidewalks when possible. 5. Plant more butterfly daisies. 6. Use pavers around trees. 7. Clean out circle planters in the fall. 8. Cut more underbrush in some areas. 9. Tree plantings along Willow Street. Discussion followed and the members recommended bring more ideas to the October meeting for continued discussion. ITEM 7: REPORTS 7-a. Committee Chair -- No report. 7-b. Pazks & Recreation Director -- Frates reviewed actions taken by the Parks & Recreation Comuiission at their Septeinber 7 meeting (meeting summary was included in the packet). 7-c. Kenai Csty Council Laaison -- Councll Member Swarner noted the PERS rates increase and city council seat openings. ITEM 8: QUESTIONS AND COMMENTS -- None. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. City Councll Action Agendas of August 2 and August 16, 2006. 10-b. Parks & Recreation Commission Meeting Minutes of August 3, 2006. ITEM 11: ADJOURNMENT There being no further business before the Coiuinission, the meeting adjourned at approximately 7:55 p.m. Meeting summary prepared and submitted Uy: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTE~ MEETING SEPTEMBER 12, 2006 PAGE 2 MemOrandum To: Rick Koch From: Jason SYeen, Econ. Dev. Project Directox Date: 9/14/2006 Re: Monthly Report _ ' Hi~hiights of Monthlv Activitv Facilitated talks and meetings between KCVB and Alaska Wild to develop a mutually beneficial relationship focusing on exposure for Alaska Wild and sponsorship for KCVB events. Met with KEDS members individually and provided them with information about the proposed changes in the Auport Reserve boundary. Took photos of Millenniuxn Square and spent numerous hours editing photos in efforts to obtain a good representation o£ the atfractiveness of the property foi potenfial develnpers. Confinued to gather informarion to update and enhance our community proflle. Went to AVTEC with Ed. And Workforce Dev. Sub-committee to meet wiYh Fred Espisito to tour facilities and discuss the demand and physical space needed for Kenai to be able to start a vocational training pro~ram. Mr. Espisito would like to start some classes in Kenai and is waiting to hear of Kenai's vocational needs and what physical space is going to be pxoposed foi use. Arranged and attended the toux of Aurora Boiealis, Yhe Boy's and G~Ps C1ub, and fhe Alternative High School for the Ed. And Workforce Dev. Sub-committee. Attended Cify Council meetings, P& Z meetings, and Chambei of Commerce mee[ings. Did some administtative duties relaYit~ to minutes and agendas for Ehe KBDS Action Team Reviewed the 2003 comprehensive `Workforce Dev. Acfion Plan' to help shape Ed. And Workforce Dev. Sub-coxnmittee goals. Worked with Tourism Sub-Comznittee on revision of goals. Provided some follow-up information for `City Exchange' pzogram report. StarCed some research on waterfront xevitalization projects for KEDS sub-comminee Monthlv Report For Seqtember 20. 2006 Keith Kornelis. Public Works Manaqee IdVatee Svstem Impeovements: Hattenburg Diiley & Linneli (HDL) plans to be in Kenai next week to take '- water samples from private welis as part of the water study. We decided to wait on designing the water main from Togiak/Beaver Loop to WH2 until the study is complete and a new well site is determined. The exploratory well at Section 36 did not work out. We drilled 500 feet and oniy found seven feet of water bearing strata. It produced less than 50 gpm and the water tasted very salty. The well could not be used for anything so Kraxberger closed it properly. Well No. 2 Treatment: Orca Water Technologies compieted the jar testing for cofor removal at weil 2. They found that the water could be cleared up with the addition of chemicals and a coagulant. We now need to do a larger scale pilot test to determine the treatment process. This is our oniy weil that is below the MCL for arsenic. It is also our highest producing weli. DEC Reauests: We are waiting on the DEC priority listing. Our projects are 1.) New Water Transmission Main (Phase II) Water Treatment Upgrade and Sewer Main and 2.) Maintenance Shop. Sanitarv Water Survev: The water survey required by DEC has been completed. The minor items listed in the report have been corrected. Set NeY Drive & McCollum Drive / Aliak Drive LID's: McCollum/Afiak is in the engineering, surveying; and right-of-way phase. The plan is to have ali of our paving projects bid-ready for early construction next year. Shamrock Circle LID: A letter has been sent to the property owners asking them to agree on an - ailocation method if they want to continue with this project. Anqler Drive ~ID: i am working on the preliminary assessment role and methods of allocation. Wai-Mart and Lowe: I have been working with Lounsbury and Associates and their sub-consultants on these two important retail developments. Kenai Bank Stabilization and Coastal Trail: 1 am working with the Corps and their consultants. I am aiso working on a cost estimate as to the value of the infrastructure that couid be lost in 50 years if no erosion controi is done. Dip Net Fisherv: The season is over and we are working on our season end report. The extra launch ramps, additional overflow parking, and the exit road at the Boating Facility were great improvements. Kodiak Kenai Cabfe Company has completed installing their fiber optics cable to S. Spruce. New Street Liqhts: Kachemak Electric is working on the new metal pole streetlights for city streets. They are also working on repairs of existing lights. HEA has been working on installing wood pole streetlights and meter services for new lights. Boatina Facilitv: The new launch ramps worked great. Alaska Fuei Systems has instailed new fuel dispensers and upgraded our fuel tanks at the boating facility. The exit road and overflowr parking area road aileviated congestion during peak tirnes. Additional gravei is needed for the overFlow parking. Idew Soccer Fields: Our street crew has completed the excavation for the road in Section 36. KPB Landfill Leachate: I am working on a new agreement with the KPB to receive their leachate at oui Kenai Wastewater Treatment Plant. Sewer Jet Cleaninq Unit: Resolutions for award and the transfer additionai funds are going to councii. I i~Tl Municipal Airport Projects: Airport Manager's Monthly Report September 12, 2006 General Aviation Parkinq ~ot - The fence has been moved, gates installed, material excavated and the area is ready for the roto-mill material from the runway project. A purchase order has been issued for installation of the curb and gutter. The project is 80% complete. Runwav Improvement Proiect: Quality Asphalt is moving forward with surveying and clearing on the east and west sides of the airport. Weekly meetings witn the contractor, city and airport administration, project engineers, air traffic control tower personnel, and subcontractors will ensure an organized and safe project. Fish Haul: Fish haul activities have ceased for the year. Universal Air paid for 62 landings, which was 3 times higher than the previous year's landings. Terminal Space: A local business has again expressed interest in renting Space 21 (commonly referred to as the glass office) for the purpose of a real estate sales office. There have been no other parties interested in this space. A Special Use Permit will be issued for two (2) years from October 1, 2006 with the opfion to renew. The space consists of 150 square feet and rents for $247.50 plus tax a month. Enplanements: August 2006 showed a 2% increase in enplanements over August 2005. INTEROFFICE MEMORANDUM K 1 r Cl l~l l~. D ~~ ~ l 1 ~' l Date: September 12, 2006 To: City Manager From: Fire Chief Tilly Subject: Midmonth report Runs for the timeframe of 8-9-2006 to 9-13-2006 Run total for the year 878 runs Total last year at this time 869 runs Last 30 days 90 runs Summary off activi#ies for last month: 1 Attended Kenai Peninsula EMS Council meeting 2 Hosted a"Safe Kids" car seat checkup 3 Conducted firefighter testing, hired new Firefighter/Medic Sarah Smith 4 FAA foliow-up fuel inspection for the airport 5 Provided portable fire extinguisher training for HEA Personnel 6 Proctored 2 fire extinguisher certification exams for local industry 7 Attended Peninsula Fire Chiefs meeting - Alaska Land Mobile Radio 8 Fire prevention training provided for the Kenai Youth Facility 9 EMS standby for Lee Shore run for women's race 10 Attended public health mass dispensing meeting 11 Conducted department EMS training with physician sponsors 12 Attended coast guard anti-terrorism training 13 Attended plan review meeting with Lowe's representatives and conducted and provided water flow testing 14 Attended tactical interoperable communications planning meeti~g 15 Setup initial meeting with NUKA for updating the City Emergency Plan 16 Firefighter Smith in Basic 32 hour ARFF class at Prism 17 Firefighter Anderson in 24 Hour SCBA class with the Nikiski FD Kenai Community Libra--y Montt-ly Report September 2006 Circulation Adult Fiction 2142 Internet Access 1787 Adult Non-Tiction 1531 Music 145 Periodicals 100 Puzzles 6 Juvenile Piction 519 Videos 830 Juvenile Non-FicYion 223 DVDs 961 Easy Fictioi7 1082 Audio books 295 ~asy Non-Piction 200 Miscellaneous 75 ~ Total Print 5,797 Total Non-Print 4,099 Total Circulation 9,896 Internet ~xpress Use 1,100 Tota1 Catalog Searehes 6,121 Library Patronage....... 10,450 Persons InYerlibrary Loans Ordered Received Returned Loaned by us ~lunteers 9 Hours 115 Income Fines and Rental Books Xerox Lost/Da~nag~ed Books 25 17 27 42 $1,161.45 365.00 102.50 Library Cards Issued August, 2006 Kenai 46 Kasilof 4 I~iikiski 14 Soldotna 23 Sterling 4 Organization & Other 12 Internet Only 4 Non-Resident 15 Total 122 Tota1 income 8/06 Additious to coliection $1,628.95 Withdrawals from collection 327 Adult Programs .......... 9 Persons .............. 66 Tour ....................... 1 Attendees............ 19 Circulation figures for August were 1% higher than those in August 2005. The year-to-date figures are running 3% higher than last years' numbers. The number of people who waited for computers this month was 741. The job center forwarded 7 applications £or the positioi2 that Julie Niedexbauser left vacant when she was protnoted. Janina Efta, wl~o has been a library aide, was appointed to this position. In addition to her work as a library aide, Janina was conducting our Russiaii story hour as a volunteer. She has a master's de~ree in Russian ~?nguage andteaching. MEMORANDUM To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Directox Date: September 13, 2006 Subject: AugusC Monthly Report Tota! number of days rented in Augusf 2006: 4 Total Meal Count 2006 Served: 34,582 Total Coiigregate Meals Served: 16,137 Total Home Meals Served: 18,242 Total Non-Seniors: 203 Total Meal Count 2005 Served: 30,466 Total Congregate Meals Served: 16,571 Tota1 Home Meals 3erved: 13,687 Total Non-Seniar Meals: 208 We had a total of 877 voliuiteer hours for the month of Au~ust. A grant has been written for additional office space. We will find out in September if our grant application has been awarded. State baekground checks and fingerprinting has become a requiremenY of the state. All employees and Senior Companions, and certain volunteers of Senior Services and Vintage Pointe have completed background applications and fingerprint cards for the state. Background checks are required every 2 years wiCh fingerprinting to be completed every 6 years. HCB recertification has been filed. This is completed every three years. Recertifieation allows for Senior Services to continue billing for Choice Waiver clients. On Thursday, September 14, Cenfral Peninsula General Hospital is presenting Robert Sweetgall for a series of warkshops: starting at 130 - 230p.m. at the Senior Genter. This workshop is "Wallcing , Physical Aetivity and the Meaning of Life" plus "The 14 Healthy Habits of Successfully Aging People:' From 630p.m. - 8:OOp.m. at the Senior Center there will be a community seminar entitled, "Motivation to Move-The Five Best Physical ActiviYies for Reducing SCress, Weight, Heart Disease and diabetes and Your Rate of Aging," All woxkshops are provided free to the community. Robert Sweetgall, often called "the real" Forest Gump, has walked seven times across America and is the only person to walk all 50 states in 365 consecutive days. Author of 17 books, Robert has appeared on hundreds of television and radio talk shows, including NBC Today Show, ~vening Magazine, Kathy and Regis Live and National Public Radio. In his farmer life, Sweetgall was an overweight Brooklyn boy, cheesecake lover, high-school valedictorian, DUPoint chemieaI engineer and ultra-marathoner. In 1981, mofivated by his Pamily history of heart disease, he decided to take his health message on the road to literally walk the tall~ across America. „(/if~~e wi~~i a Past Gat~ ~i~~r a~ictr~re„ 21.0 Fidalgo Aveime, Kenai, Alaska 99611-7794 .~~~ ~,, Telephone: 907-283-3592 i FAX: 907-283-3G93 _, t/ae cffy of KEN11~ SKA ~a~~ox~.lvnuM To: Rick Koch, City Manager From: Robert d. Frates, Parks & Recreatron DirectQr~'u'~~/ Date: September 14, 2006 ~'J~ RE: Mid-Month Report August broaght a couple chal2enges ranging from depaRure of most sumrner hire to dealing with detays in the mowing schedule due ta rain. Aixgust was signif cantly wet and coupied with timing of our fertilization, made it diffacult to kecp to a consistent mowing schedule. Foriunately, the department's new 72" mower arrived and was able to be put into good use. Planni~g and cmardinatian for the Kenai Ftiver Nfarathon is on~onng. To date $4,1Of1 has been generated in sponsorships and 1 b participants haue registered (4-mar~hon, 10-half marathan, 2- relay}. 5cheduling of ice began in August and ~+e are planning for an October 1 start date at the CanocoPhillips/City of Kenai Multi-Purpose Facility. 'T'hree gFass panels were vandalized frorn a previous incident in iate August and are dne to be repiaced be£ore the season. A£undraiser to serid kids wit~ cancer to camp w+as held ~t th~ I~enai Eag~e Disc Golf Course on A.ugEast t9`~'. The success c~f tlsis event has led Mr. Ross Baa~er to bzgtn initiatiing conversation wath the City on ways to add an additional ~ baskets. The Parks & Recreation Cornrnission heard testimany fram Rdr. Ba~er a# the~r last meeting an~ are supportive of his request, AcEaa~inistration is warking with Ivfr. Ba~er an haw this request may be realized. Brush elearing has begun a# the Elson Unity Tsail Park and project shauid be clased in the ne~ few weeks. Community gardeaers are wrappin~ u~r their 3aarvest ansi the department 4vii1 soan begin working toward relocating the fence Iine in effort ta exgand the park strip. :ENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 TO: Rick Koch, City Manager FROM: Chuck Kopp, Chief of Police DATE: September 6, 2006 SUBJECT: August 2006 Report Telephone (907) 283-7879 F~ (907) 283-2267 ~ trs4~ '~li~ 159i ~~" Work Activity Police officers responded to 798 calls for service, and the Emergency Communications department answered 159 9-1-1 calls. Officers wrote 413 reports, issued 62 traffic citations, made 80 arres4s and investigated 21 motor vehicle crashes. Ti^aining Communications Supervisor Lee Gattenby, and Lt. Wannamaker attended an AMBER (America's Missing Broadcast Emergency Response) Alert meeting in Anchorage, which informed public safety entities of the protocoi for operation of this system in Alaska. A test of the AMBER Alert system was conducted on Tuesday, September 5. This test successfuliy demonstrated the State's EAS (Emergency Alert System) capability to broadcast emergency information simultaneously on radio, television, and via automated telephone messaging. Dispatcher Beckman continues to participate as a member on the State of Alaska, Depariment of Transportation Motor Vehicle Crash Cornmittee whose purpose is to improve the accident reporting system. The Police Department conducted firearms qualification for all officers. Officer Miller participated in SERT tactical training. AIVIMAL CONTROL August 2006 INTAKE DISPOSITION ~,'? r~~n~,:'; 116 r;r~~;t:F k_~?~"~_ 60 T~og:, 69 i~c~=rs 33 ("zits 42 .~'~~t~; 25 Q_i~::'S`G:A';fri.YTEillill',^'i 5 ~~1tY26:;~ r'4.Z11Pift.k5: 2 *vF 3~~,~F ~~ r~~_fi,*dFi{: 68 ~€ nt~~vi;=3: 33 ~°.~~LL~s 43 I;<r<_=5 30 €"~±is 24 _;~=ts 2 C~'i~<=ae /?.f~;~~,at~ 1 <ffher "~:~i.~:tais 1 iiE~.;x.; 10 L' lil~ihe~l~;.: 89 ~";oL~s 6 _,~~4n;> 49 .:ats 3 (:`a±~ 39 `~,.~ ~ ~.EZ!^l~.~~SG~'.S 1 l~Lk{.v1~:~kL:~Ea{~t:.~.". 1 4~ Ye 'fE..~ar`•~ It~i_ii~l.~.~l~', 1 ~~~ ~'ui"i il~iT4FSfiJ 4"; 7~ ,~ .. . .~,f;t'3'%;i L:~{~~ I18 ~';??,~,.s_ ~:?~'~'~; 69 x T(~.1.., ~...° E I~ZT.ki ~'i~~V ~'Yi~~ i~..~'} / 14 lii ~t'ic. -~fl~?. ctl.iiiS g~ 1 t,ttita~e€.r hei€~r~ 124 `~~ <.; ~;h ~ Ac ct'~,F~ 803 Kenai Code Bnforcemenf Officer Summary Report -31 Aueust 2006 Period: Total Cases Pendine: New Cases Ol to 31August 27 7 Cases Closed Municinal 3- Trasl~/Debris 1- Junk vehicles 2- Commercial Property KPD incidents 5- Abandoned Vehicles Citarions Written: 1- Junk vehicles Court Appearance: IvTone Imnounds: None ~ - --- ~~ ~~~^-~~'~-~'-"~~.> Robert S. Peterson, K40 Kenai Code Enforcement Officer Cases Closed 6 ~_~~ ~ ~~~ ~ J, thea~~af / ~NA~ sK~ „V ~la e wit~r a Past, Gi wc`t~i a' .~ ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 u~ Telephone: 907-283-7535 / FAX: 907-283-3014 ~'~~~~ 1992 l~~IEl~~O: TO: City Council ~ FROM: Rick Koch DATE: September 14, 2006 SUBJECT: CIP Program, Annual Review & Update The purpose of this coi7espondence is to inPorm you as to the time-line for Yhe above referenced process. Notification of process to Council 9/20/06 Project nomination period 9/25/06-10/13/06 Commission/Committee reviews 10/2/06-10/12/06 Administration review 10/16/06-10/20/06 P& Z review of administrations 10/25/06 Proposed capital progranl & make recommendation to council Council-Introduce capital improvements 1 Ul/06 Program Council-Adopt program 11 /15/06 INFORMATION ITEMS KENAI CITY COUNCIL MEETING SEPTEMBER 20,2006 1. */*/2006 Purchase Orders Between $2,500 and $15,000 far council review. 2. 8/2006 Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports. 3. 7/31/06 and 6/12/06 Kenai Convenfion & Visitor Bureau Board of Directors Meeting Minutes. 4. 9/ 14/06 Kenai River Special Management Area Advisory Board meeting agenda and minutes of 5/ 11 /06 meeting. 5. 9/ 19/06 Kenai Peninsula Borough Assembly Meeting Agenda. ~ ~ ~ U Z _ O u i~L` O ~ 0 0 d 0 0 ~ ~ e~ ~ °a Q N O~ N o ~ W °~ m ~ w z ~ ~ a w W ~ N W , m W 4} Q ~ ~ w Z ~ h W W ~~~....~~~ ~ a J C~? 2 ~ O a U z o ~ o ~ ~ ~ o ~ o 0 O O O M ~ O C ~ V lh o7 lfi F- 2 ~ ~ W W LLI U U U N w ~ Q ~ _~ w z w a rp v~ ~ ~ q Z O g O J ~ h U) (n ~ Q W ~ W f- LL. Q LL ~ 2' d. ~.' ~ CI. J H Z LLI O ~ Z 1- g ~ Q Z W ~ ~ ° ~ o 0 0 ' Y a ~ 0 o a ~ m z <[ z O ~ H Z u~ Z 6 ~ ~ h w ¢ z ~ Z q ~ J 4 z w ~ ~ tW- a ,~ 0 z a U z z ~ w ~ u' ~ > ~ ~ a w ~ ~ ~ ~ ct Z W U v F Q ~ ~ z ~ a o h > cr o ~ ~ a F U ~ 0 o ~ ~ ~ a ~ u- ¢ d u, <n u=. ~ Q ~ N ° ? a w Ze[ 'L+' ~ ~ W ~ ~c ~ (/3 SU' u~ O z ga ~ Z 4 J Z O Y ~ m T ~' s i - I `fl~ ----~ I «" ~~ ~ ~j~ .... ~ ~ ~~. ~~ ~~~ ~~;:~ ~. ~ C~'1` I ~ ~5 ~;`, ~ ~ ~ M O ~ . ~ ~. :': ~,~'; T I ~ Q r ~. ~.s° i i ~ ~ z °, ~ 0 n rn O ~ ~- ~ ' ~ ~ ~ ~ * Q ~ ~ i ~ B W n l a ' u ' _ 3 ~ _ ~ v ;? ~ o c ~ a ~ o c U ~ ~ Z QO w Q Y j Q ~ ~ a N ~ Q~ W ~ Z O ~ C a pC c Q ~ W n ^ Y~ W ~ ~ ~ ~ F O ~ o Z ZO Q F' N ('3 Q z O ~ W a a ~ c 0 ~ u~ ~ ~ ° ~ ~ ~ ~ ~ , _ o o o o ~ ~ ti ~ r r T m ~n ~n co co o rn ~n m P~ N rn c0 d' O O N N N N d' o') 7 V c'? ~ d' rn d' W ~ V c0 O O~ N N N w cfl t~ w ~ ro m o~ m rn O ~ ~ W t~ W h m h (D ~ (D ~ ~ (O ~ W (O (O tD (D M N d' O ^ ~ O O C' O N N p j p d' O) V rn (D c0 h ~ ~ cfl co m o~ e~ ~ v GO M O oJ t~ V m ^ ' V V W O tn (` ) O O O O CO fD (D CO h i~ ~ ~ ln M W h N d ~ O - m W - oJ f~ W OJ ~ . , c~ v ~ ~ CO N M CO Cl CD W O OJ .c'~ O W CO oJ ~ d' c~ cD O c0 o tn ~ tt~ LL~ ~ ~ LL'J ~ m n N ~ Q ~ _ ~ ~ N U O N ~ N LL ~ . Q ~ - » Q C~ O Z O ~ ~ ~ ~ N x ~ ~ C O i ~ ~ R t N QU c ~ ?` o Q- N N .C N Q ~ y ._ ~ ~ ~ ~ 7 ,~ V m _ = a R e~+ ~ O i C ~ ~ ~ N R ~ N U i ~ ~ y ~o .~ ~ ~ ~ ~ C ~U;~, ~ ~ ~ a N Q d ~ 'u ~ c`c,~w .r ~, 'irt ' V ~ $ c ~ ~ ~ W c~ ~ [~ W M ~ ~ N ~ 0 ~ ~ 0 ~ ~ M O ~ ~ n~ j FLOAT PL.ANE BASIN ACTIVI7°Y Airport ~00~~200" ~~°mms~~~~~~~~~~ ~~~~me~°°~~~~~~~ ~~°°~~~~°~T~~~~~~~~ OPERQ 1'ONS ~~~~eee~~~~~~~~~~~ ~°~~~ ~~~~~ °~~°' ~~~~° Month aooe Zoos zooa aooa aoo2 APRIL 0 2 0 0 0 MAY 99 114 99 86 94 JUNE 151 317 161 158 223 JULY 265 327 428 259 345 AUGUST 251 238 342 287 233 SEPTEMBER 227 134 215 153 OCTOBER 100 40 63 37 NOVEMBER Ciosed Ciosed Closed 10 I ----__~------------------------------------- FUEL SALES Month 2006 2005 2004 2003 2002 MAY $0 $1,035 $452 $835 $98 JUNE $909 $3,101 $2,209 $1,391 $1,986 JULY $3,138 $3,461 $2,095 $1,773 52,757 AUGUST $2,023 $3,365 $2,041 $2,513 $2,419 SEPTEMBER $2,811 $792 $2,219 $983 OCTOBER $693 $26 $263 $65 Slips Rented Private 9 Commerical 0 Rev 8/2003 _ Kenai Convention & Visitor Bureau Kenai, AK Monday, July 31, 2006, 5:30 p.m. Alexandra M. Lindgren, Presiding A. CALL TO ORDER & ROLL CA~L: Roll call was taken at 5:40 p.m. and the following members were: Present: Alexandra M Lindgren; Fred Braun; Ron Malston; Sharon Brower; Diana Lofstedt; Marion Nelson; Jacquie Steckel; Robin West; Honorable Pat Porter Absent: David Edwards-Smith; Robert Fulton Visitors: Mya Renken B. APPROVAL OF AGENDA: Motion: Sharon moved to approve the agenda, Fred seconded the motion. Action: Passed unanimously C. APPROVAL OF MINUTES: Motion: Fred moved to approve the minutes, Ron seconded the motion. Action: Passed unanimously. D. PERSONS SCHEDULED TO BE HEARD None E. REPORTS: Arts Committee Discussion: Marion Nelson reported on June 19, 2006 meeting, including the discussion about new exhibits and changes and the new sponsorship piece. Financial Report - Discussion: Ron Malston reported that bingo is really good, retail is up and thing are running along pretty good. Request to have ~/z hour work session to discuss status of the anticipated revenues and expenses. Motion: Fred moved to director the Executive director to bring a list of proposed budget items that can be adjusted to balance the budget to the July meeting; Sharon seconded the motion. Acfion: Passed unanimously. Executive Director Discussion: The report was presented in writing. Additions to written report include the branding project has been put on hold until KPTMC's branding project is complete. Mayor added that the company not understands our problem. F. UNFINISHED BUSINESS: Partnership with Chamber on KPTMC Branding Praject Qiscussion: Board reviewed letter from the Chamber regarding their $1,000 buy- in to the branding project. KCVB's Board agreed to Chamber's request to distribute Stakehoider Ievel benefits evenly between the two organizations. Executive Director's Evaluation Motion: Ron moved to go into Executive Session at 6:55 p.m. for the purpose of discussing the Executive Director's Evaluation in the presence of the entire Board of Directors. Seconded Action: Motion passed unanimously. Return from Executive Session at T.50 p.m. Motion: Fred moved to increase Executive Director's pay 5% retroactive to anniversary date in September, 2005 and to increase monthly auto allowance by $100 effective immediately. Ron seconded the motion. Action: Motion passed unanimously G. NEW BUSINESS None H. EXECUTIVE SESSION for the purpose of discussing personnel issues. Motion: Fion moved to go into Executive Session at 7:55 p.m. to include the Board of Directors and the Executive Director. Marion seconded the motion. Action: Motion passed unanimously Return from Executive Session at 8:10 p.m. I. BOARD COMMENTS Robin- Fish in the river Ron- Nothing Marion- Come visit my home for a glorious display of flowers Sharon- Thank you. The flowers outside look nice Jacquie- Thank you very much for the hardwork Sasha- Thank you for your patience NEXT MEETING SET FOR August 28, 2006 at 5:30 p.m. ADJOURNED at 8:20 p.m. Approved 6y unanimous vofe on August 31, 2006 Kenai Convention & Visitor Bureau Kenai, AK Monday, June 12, 2006, 5:30 p.m. Alexandra M. Lindgren, Presiding A. CALL TO ORDER & ROLL CALL: Rol] call was taken at 5:35 p.m. and the following members were: Present: Alexandra M Lindgren (left at 7:05 p.m.); Fred Braun; Sharoil Brower; Diana Lofstedt; Marion Nelson; Jacquie SYeckel; Robin West Honorable Pat Porter Absent: Ron Malston (excused); David Edwards-Smith; Robert Fulton Visitors Present: Mya Renken B. APPROVAL OF AGSN'DA: Additions to tDae Agenda: G3: L,eCter of resignation; G4: Barnding; Action: Sharon moved to approve the agenda, Jacquie second the motion. Passed unanimously PERSONS SCHED ULEI~ TO BE HEARD None C. APPROVAL OF MINUTES: Actiori: Fred moved to approve the minutes, Diana second the motion. Passed unanimously. D. REPORTS: Arts Committee Discussio~i: Marion Nelson is the Chair of the Arts CommitCee. There will be a meeting of the committee on Monday, June 19`h at 5:30 p.m. Financial Report - Discussion: None Executive Director Discussion: The report was presented in writing. Executive Director directed to contact Diane Zirui Co sif on the KVCC Retail Committee. E. LINFINISHED BUISNESS: By-laws review Action: Tabled until October, 2006 meeCing. Executive Director's Evaluation Motion: Robin moved to adopt draft evalua~ion to be finalized by the Bxecutive Committee and the ExecuYive Director. Steckel seconded the motion. Actiori: MoYion passed unanimously. I3oard Development Action: Tabled until Octol~er, 2006 meetina. Member Survey Action: Tabled unYil September, 2006 meeting. Employee Handbook Review Action: Tabled NEW BUISNESS Cruise Ship Initiative Motion: Marion moved fo adopt; Sharon seconded the motion. Dircussion: Resolution in opposiCion Co Ballot Initiative 2 was presented for discussion. Action: Passed unanimously. Resolution 2006-02 Motion: Marion moved to adopt; Dana seconded the motion. Discussion: Resolution defining the roles of the CVB and Chamber was presented. Action: Passed unanimously. Letter of Resignation Motion: Marion moved to nominate Fred to Vice President through the 2006 calendar year. Steckel seconded the moYion. Discussion: Lori McLennan tendered her resignation from the Board. Aczion: Resignation accepted. Passed unanimously. Branding Motion: Steckel moved to participate as a stakeholder in branding of the Kenai Peninsula; Marion seconded the motion. I~iscussion: KCVB and Che Kenai Chamber of Commerce can jointly sponsor at Che stakeholder levei. KCVB will be a stakeholder wiTh the actual amount to be detennined by fhe Chamber's contribution. Action: Question called. Passed unanimously. BOARD COMMEN"I'S Robin- Thank you Marion for stepping up as Chair of Arts Committee Jacquie- Thank you Robin, Mya, Fred, Marion and everyone. NEXT VIEETING SET FOR JULY 31, 2006 at 5:30 p.m. AD70URNED at 7:20 p.m. Approved by unanimous vote on July 31, 2006 '~ ~, ~~~i ' i KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD - " ~ '~ *~x Meeting Agenda*~* " ~~~~~'k~ ~v ''"~ Thursday, September 14, 2006 ~ ~~~ ~ 4 ~ ~~' ~- ~ ~ 5:30 p.m. p~ ' Kenai River Center ~ ` _ .- - ~",~~ ~ ~ _~ I. CALL TO ORDER ~-- ~ ~~~ -~ - ~ A. Roll Call B. Approval of 05/11/06 minutes C. Agenda Changesand Approval II. PUBLIC COMMENT A. Barb Seamans - Kachemak Bay Heritage Land Trust III. NEW BUSINESS A. Kenai River Operations- Jacques Kosto Kenai River District Ranger B. Membership- New Soard appointment applications C. Jerry Lewanski, Director D. Goals for 2006 - 2007 Jack Sinclair ~. Regulation Process F. Riverquest Discussion IV. OLD BUSINESS A. Boat wake study report-Jack B. Kenai River Center Update, Pam Russell C. Kenai River ~rzdga t7prla..te-Matt V. ACTION ITEM None VI. PUBLIC COMMENT VII. ADJOURNMENT A. Board Comments B. Special Recogni~ions C. Date/Agenda of Next Meeting ~ Kenai Area Offce, PO Box 1247, Soldotna, AK 99669, 907-262-5581 ~ /~^ y Kenai Peninsula Borough, PO Box 850, Soldotna, AK 99669 907-262-4441 ~~ ~ i Kenai River Center 514 Funny River Road, Soldotna, AK 99669, 907-260-4882 ~ ~~~ Alaska Division of Parks and Outdoor Recreetion, Department oLdaNral Resou~ces, in cooperation with the Kenai Peninsula Borough ~~ -ct ~i' ~~r~.~~. Kenai River Special Management Area Advisory Board Thursday, May Z 1, 2006 5:30 p.m. Kenai River Center I. CALL TO ORDER A. Roll Call Members Presents: Joe Connors, Ted Wellman, Brenda Trefon, Richard Dykema, Floyd Heimbuch, Ken Lancaster, Richard Hahn, Jeff King, Rick Wood, Keith Kornelis, i)eb Cooper, Tom Vania, Jack Sinclair and Tim Stevens. Members Absent: Pete Sprague, Robin West and Ted Forsi. B. Approval of 04/13/06 minutes Approved as written. C. Agenda Changes and Approval Approved as written. II. PUBLIC COMMENT Ricky Gease Executive Director of the Kenai River Sport Fishing Association supports and encourages the KRSMA Board involvement in the purchasing of the Russell and Corr Property, a key habitat parcel near the heart of Soldotna. III. NEW BUSINESS L~. Chugach Etectric Associstion Cooper Lake projecE Burk Wick presented a PowerPoint presentation of the Chugach Electric Association Cooper Lake Project and a renewal of permits is being sought for the 2007 season. B. Board of Fish Proposal Dick Hahn presented a proposal to change the Kenai River to a drift boat fishery in July that wi11 be submitted for official consideration in April 2007 to the Alaska Board of Fisheries. Tom Vania commented that fishing from drift boats is a board of fishery issue. Tom is not quite sure that the KRSMA board is charged with these types of discussions. Tom stated the board of fish deals with regulations that relates to fishing. Tom believes that Parks probably has regulations that if they wanted to restrict boating activity on a river they could probably do that. Tom believes this could be through a commercial permit for everyone: Drift boating for general use such as going to your cabin, but parks cannot regulate a fishing activity. This is a board of fish issue and this type of discussion is inappropriate at this advisory board. Joe was wondering why this item appeared on the agenda. At any board of fish meeting these issues need to be discussed. Ted Wellman commented that this issue straddles both the board of fish and this advisory board because of the crowding issue. Ted felt Dick wanted to be up front that he was going to pursue this at the board of fish without represenfing the KRSMA board. ' Ken commented that since this board is advisory that we have the right to discuss any issue that happens in the Kenai River Special Management Area no matter what the issue is. Jack Sinclair referred to the bylaws about what the board may not discuss and fishing aliocation falls into that category. Tom Vania stated the Board of Fish considers this proposal an allocation issue. C. Commissioner's visit Juae 1& 2 Ken announced that the meetings will be held at the Kenai River Center June lst from 6:30 p.m. to 10:00 p.m. A working group meeting will start at 6:00 p.m. to discuss what the KRSMA board would like to present to the Commissioner. June 2nd will be a follow up discussions that anyone would like to have with him. Ted would like to see the proposal to include SO horsepower, 2006 compliance, and boat length all together as one item when presented to the Commissioner. This would leave boat width, hull configuration and loading as a separate item. Ted wants to explain to the Commissioner why we did what we did. Joe agreed with the changes to the proposal presented to the Commissioner. The board has many questions about the 2006 EPA requirements and recommended that we have EPA, some outboard motor professional and any other person who may help in not only explaining but also understanding the 2006 compliance for engines. iV. ACTYON ITEM A. Letter of Support- Russell Property to EVOS Kenai River Special Management Area Advisory Board Minutes - May 11, 2006 Page 2 of 5 Ken commented that there is a letter of support to EVOS to buy the Russell property, which he asked Jack Sinclair to draft. State Parks has agreed to manage the lands if the acquisition is approved. The property is located when you drive into Centennial Campground on the right hand side. It is a 4-acre parcel that runs down to the river. Protection efforts may include extending the boardwalk and added parking. This purchase also includes the Corr property. Joe voted that we should support this action item and Floyd seconds it. With no objection this action was approved. V. OLD BUSINESS A. Guide Academy Report-Joe Connors Joe commented that the gui~e acadeiny had the ~econd class azld there were 25 students, which makes 48 completing the class. The class was modified from the first ciass and Joe was pleased with the levei of instruction and felt the course is irnproving all the time. The bottom line is that these were a11 volunteers and the level of experience range from 30 years to brand new guides. Everyone passed and friendships were built between the participants. B. Guide Advisory Cornmittee-Joe Connors There are five different positions to fill of the nine that are available. There will be a period that will be announced fairly soon that will run through the middle of August, approximately 10 week application period, people will have to fill out an appiication and identify which positions they are applying for. They will fill these out at the Kenai River Center and be reviewed by the current commercial user group and rank the candidates for each position. These will be brought to the KRSMA board for final approval and then this will include the two seats that are being offered to the Kenai River Professional Guide Association that are selected. In addition Jack put together how this board will function. D. Boat Wake Study update -Jack Sinclair A draft report is due in June from Steven Maynard. E. Bridge Update-Matt Coullahan Matt gave a brief update. First, they are getting ready to pour the center pier, and after that they will begin to remove the cofferdam. The schedule is running pretty much on schedule and they are hoping to start setting the girders in June. River closures will be in four-hour stretches at night. These closures will be advertised in advance. The storm drain system will be in place by the end of June and the only scheduled delay that may occur is the removal of the temporary bridge and dirt work on the north and south end of the temporary bridge later in November and December. VI. PUBLIC COMME111T Herman Fandel: Perhaps we should limit the number of days a person can fish the river per year. This would be easy to do with the Non-resident fishing licenses since they fish 24/7 on the river. Regarding the 35 vs. 50 hp, it's a good idea to remove the restrictions for the reasons of safety, wakes and emissions. Walt Arthur: Lived on the river since 1975. Supports the 50 hp change because of safety. Recommended that every board member float the river on the 1 lth or lSth of July each year to keep abreast of the amount of use on the river in July. The Commissioner should be on the river in Ju1y, too. The loophole that allowed Riverquest is still on the books. The KRSMA Board should approach the KPB Assembly to seek a change. If this board cannot address allocation then address habitat. Supports the 20.5' boat length limit, 5 people with 50 HP. Questions: Jeff King How can we close the Riverquest Loophole? Joe C: We voted unanimously to oppose this two years ago. Were some grandfathered in? Walt: Max best would know; the borough code hasn't changed. Pam R: John Mohorcich would be able to explain this best. Jim Fasler: Lives above Stewart's Landing. If the river were made float only it would offend him. The guides are doing a good job. Guide Academy instruction should be extended to include the public. VII. ADJOURNMENT A. Board Comments Jeff King: Glad to hear about the deflbrillators being placed along the river. Rick Woods was asked whether the construction at Centennial CG was to expand the parking. Rick said he did not know. Tom Vania: Reported that there was some difficulty in getting compliance with the freshwater logbooks, but a notice had been sent out to remind the guides about the requirements. Keith Kornelis: Two launches are opening near the Kenai Dock this year. B. Date/Ageada of Next Meeting September 14, 2006 r ena~ September 19, 2006 - 7:00 Regulac Meeting Homer City Council Chambers, Homer, A(aslta on Long ssernbly President t¢t 6 - Eas! Peninsula :rm F..Ypires2006 efe Sprague ssembl~~ Vice President sat 4 - Soldotna erm Espires 2007 an Chay ssembly Member >.at 1 - Kalifornsky ~rm F.xpires 2006 aul Fischer ssembly Member ;at ~ - Cen[ral ~rm F,xpires 2007 ~e:~" ~'Germano ss Member sat o ~-~Homer erm Expires 2008 Targaret Gi[rnan ssembly Menaber e¢t 2 - Kenai 'erm F.xpires 2008 Tilli Marfrn ~ ssembly A4ember eat 9 - South Penin,rula 'ern~ F~pires 2006 rrace Aderkes ssenably Mem6er eal5-SLerling/FunnyRiver 'e~m Expires 2008 iary Superman fssembly Meniber eat 3 - Nikiskl~ erm Expires 2007 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION D. ROLL CALL E. COMMITTEE REPORTS F. APPROVAL OF AGENDA AND CON5ENT AGENDA (All iYems listed wiCh an asterisk (") are considered to be routine and non-controversial by Yhe Assembiy and wiIi be appmved by one mofion. There will be no separate discussion of Yhese items unless ui Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. G. APPROVAL OF MINUTES *1. September 5, 2006 Regular Assembly Meeting Minutes ........ 1 H. COMMENDING RESOLUTIONS AND PROCLAMATIONS *1. A Resolution Commending the Homer High School Lady Mariner Softbail Team as the 2006 Small Sehools High School State Champions (Germano) . . . . . . . . . . . . . : . . . . . . . . 21 I. PRESENTATIOliTS WITH PRIOR NOTICE (Limit m 20 minutes totai) l. SouYh Peninsula Hospital Seryice Area Board, David Green (10 minutes) J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minuces per speaker; 20 minutes aggregate} K. REPORTS OF COMMISSIONS AND COUNCILS September 19, 2006 Page 1 of 6 L. MAYOR'S REPORT ,......, ...........................................23 1. Assembly Requests/Responses - none 2. Agreements and Contracts a. Spruce Bark Beetle Mitigation Program: • Approval of Contract with G&H Construction for Challenger Learnuzg Center Slash Removal Project . . . . . . . . . . . . . . . . . . . 24 • Approval of Contract with Breeds Forest Products for South Spruce Street Ball Fields Slash Removai Project . . . . . . . . . . . . 27 b. Approval of Contract with Alaska Auto Transport for Junk Vehicle, Scrap Metal Hauling Services from Central Peninsula Landfill to Anchorage ........................................:.......30 a Approval of Contract with Segesser Surveys, Inc. for Surveying and Platting Kasilof River Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 M. N. d. Approval of Contract with Puffin Electric for Generator at Kachemak Fire Station ................................................32 e. Approval of Sole Source Contract with Environmental Science Research, Inc, (ESRI) for ArcGIS Engine Softwaze . . . . . . . . . . . . . . . . 33 3. Other a, Report from Bonnie Golden, KP$ Grants Manager ~ Borough Grant Recipients .................................................35 b. Budget Revisions ~ Aua st 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 4Q c. Revenue-Expenditure Reports ~ August 2006 . . . . . . . . . . . . . . . . . . : . . 42 IT~MS NOT COMPLETED FROM PRIOR AGENDA - None PUBLIC HEARIriTG5 ON ORDINA.NCES (Testimony limited to 3 minutes per speaker} 1. Ordinance 2006-19-13: Accepting and Appropriating a State Grant in the Amount of $20,000 for Purchase of Borough Property by the Kachemak Gun Club, Inc. (Mayor) (Referred to Finance Committee) . . . . . . . . . . : . . . : : : . . . . 45 September 19, 2006 Page 2 of 6 --- 2. Ordinance 2006-19-14: Accepting and Appropriating a State Crrant in the Amount of $10,000 for Purchase of Respiratory Support Equipment for Newborn Infaxits at South Peninsula Hospital (Mayor) (Referred to Finance Committee) .....................................................51 3. Ordinance 2006-19-15: Aacepting and Appropriating a State Grant in the Amount of $30,000 for Pre-Development Activities for Senior Housing for Anchor Point Senior Citizens, Ina (Mayor) (Referred to Finance Committee} ...............................................................55 4. Ordinance 2006-19-16: Accepting a$38,500 Grant from the State of Alaska for the $orough's Coastal Management Program (Nlayor) (Referred to Finance Committee) ...............................................59 5. Ordinance 2006-19-17: Accepting and Appropriating a State Crrant in the Amount of $17;000 for Purchase of a Brush Fire Attack Vehicle for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Referred to Finanoe Committee) .......................:.......:.............63 6. Ordinance 2006-19-20: Accepting and Appropriating on Behalf of Anchor Point Fire and Emergency Medical Service Area a Rural Fire Assistance Grant from the U.S. Department of Interior (Mayor) (Referred to Finance Committee) .....................................................68 7. Ordinance 2006-19-21: Accepting and Appropriating on Behalf of Nikiski Fire Service Area a Volunteer Fire Assistance Grant from the Alaska Departxnent of Natural Resources (Mayor} (Referred to Finance Committee) .........:.....................................................73 O. UNFINISHED BUSINESS L Post~oned Items a. Resolution 2006-070: Supporting an Application to the U.S. Board on Geographic Names to Officially Name an Unnamed Lake South of Soldotna as Pula Lake (Mayor) (Referred to Lands Committee) .... 80 Septembee 19, 2006 Page 3 of 6 2. Notice to Reconsider a. Ordinance 2006-21: Ainending KPB Chapter 5.12 to Require That a Seniar Citizen or Disabled Veteran must Be Eligible for a Permanent Fund Dividend for the Same Year or for the Immediately Preceding Year in Order to Receive tlie First $150,000 Exemption from the Assessed Value of Real Properiy and That, in Order to Qualify for the Unlunited Exemption above $150,000, the Senior Citizen or Disabled Veteran must Have Been Absent from the Kenai Peninsula Borough for No More than 90 Days in the Calendar Year with Certain Exceptions and Have Met a Residency Requirement (Superman, Germano) (Reconsideration given by Merkes) . . . . . . . . . . . 94 P. NEW BUSINESS l. Resolutions 2. Septemberl9, 2006 *a. Resolution 2006-083: Transferring $43,800 from die General Govemment Capital Projects FLU1d to Purchase Furnishings for the Emergency Operations Center Facility (Mayor) (Referred to Finance Committee) ..............................................101 *b. Resolution 2006-084: Supporting the Efforts of Anchor Point Health Inc. and Seldovia Village Tribe Health Center to Offer a Health Care Clinic in Anchor Point (Mayor, Martin) (Referred to Policies and Procedures Committee) . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Ordinances *a. Ordinance 2006-19-23: Accepting and Appropriating $22,125 from the Alaska Department of Military and Veterans Affairs to Support the Activities of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Shortened Hearing on 10/10/06} (Referred to Finance Committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 *b. Ordinance 2006-19-24: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $30,216 for the Kenai Peninsula Citizens Corps Programs (Mayor) (Shortened Hearing on 10/10/06) (Referred to Finance Committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 *c. Ordinance 2006-19-2~: Accepting and Appropriating a State Grant in the Amount of $100,000 for the North Peninsula Recreational Service Area (Mayor) (Shortened Hearing on 10/10/06) (Referred to Finance Committee) ........................................:.....126 Page 4 of 6 3. Other *a. Confirming Appointments to Advisory Planning Gommissions (Referred to Policies and Procedures Gommittee) . . . . . . . . . . . . . . . . . 130 Anchor Point Advisorv Plannine Commission: Pau1 Roderick Seat F- term expiring September 30, 2009 Joanne Collins Seat G- tenn expiring September 30, 2009 Cooper Landi~ Advisorv Plannine,Commission: Sandra Key Seat E- term expiring September 30, 2009 Karl Romig Seat F- term expiring September 30, 2009 Hope/Sunrise Advisorv Plannine Commission: Jason Skaaren Seat A- tenn expiring September 30, 2009 C. Beth Kaser Seat B- term expiring September 30, 2009 Moose Pass Advisorv Planning Commission: Vacant ^ Seat A- term expiring September 30, 2008 Vacant Seat C- term expiring September 30, 2008 Bruce Jaffa Seat D- term expiring September 30, 2009 Jeff Hetrick Seat E- term expiring September 30, 2009 Q. Pi1BLIC COMNIENTS Al~TD PUBLIC PRESENTATIONS (3 ~ninutes pex speaker) R. ASSEIVIBLY MEETING AND HEARING ANNOUNCEMENTS October 10, 2006 7:00 PM Regular Assembly Meeting Soldotna S. ASSEMBLY COMMENTS T. PE1VDrn'G L~GISLATION (This item lists legislarion which wil] be addressed at a later daTe as noted.) Ordinance 2006-19-19: Accepting and Appropriating Two State Grants Totaling $405,000 for School Equipment, Supplies, and Mini- Projects (Mayor) (Heazing on 10/10/06) (Referred to Finance Committee) Ordinance 2006-19-22: Accepting andAppropriating on Behalf ofthe Seward/Beaz Creek Flood Service Area a State Grant in the Amount of $10,499.75 for Updating the Flood Hazazd Mitigation Plan (Mayor) (Heazing on 10/10/06) (Referred to Finance Committee) September 19, 2006 Page 5 of 6 3. Ordinance 2006-26: Amending KPB 5.12.105 to Require Late-Filed Senior Citizen and Disabled Veteran Properiy Tax Exemption Appiications to be Filed byFebruary 15 of Eaoh Year (Germano) (Hearing on 10/10/06) (Referred to Policies and Procedures) U V 4. Ordinance 2006-34: Confirming the Assessment Roll for the West Brook Estates Road Improvement Assessment Disfrict (Mayor} (F-learing on 10/10/06) (Referred to Finance Committee) 5. Ordinance 2006-27: Changing the Name of Central Kenai Peninsula Hospital Service Area to Healthcare Service Area of the Centxal Peninsula, and Changing the Number of Members of the Boazd from Seven to Nine (Mayor at Request of Central Kenai Peninsula Hospital Service Area Board) (Tabled on 06/20/06) (Referred to Policies and Procedures Committee) 6. Resolution 2006-029: Reclassifying Certain Borough Land in the Sunrise Area Pursuant to KP$ 17.10.080 (Mayor) (Tabled on 04/04J06) (Refened ta Lands Committee} INFORMATIONAL MATERIALS AND REPORTS NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on October 10, 2006, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meetir¢g will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K201A0-FM88.1(EastPeninsula). Copies of agenda items are available at the Borougla Clerk's Office in the Meeting Roarn just prior to the naeeting. For fur•ther infarmation, please call the C1erk's Of,~rce at 714-2160 or toll free witl7in the Borough at 1-800-478-4441, Ezt. ZIGO. Visit aur website at wwiv.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordina~ices ancf resolutians. September 19, 2006 Page 6 of 6 AGENDA ENAI qTY COUNCIL - REGULAR MEETING s`„ SEPTEMBER 2Q 2006 ~3' 7:00 P.M. ~ ry~ KENAI qTY COUNCIL CHAMBERS REMGI.GlI1SNP http://www.ci.kenai.ak.us ~ ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Larry Semmens, City of Kenai Finance Director -- Public Employee Retirement System (PERS) Rate Update. ITEM E: PUBLIC HEARINGS t. Ordinance No. 2188-2006 -- Increasing Estimated Revenues and Appropriations by $500 in the General Fund to Purchase Library Books. 2. Ordinance No. 2189-2006 -- increasing Estimated Revenues and Appropriations by $16,000.00 in ihe General Fund for a Homeland Security Grant to Fund a Rewrite/Revision of the City of Kenai Emergency Operations Plan. 3. Resolution No. 2006-57 -- Recognizing ihe Alaska Department of Environmentai Conservation (ADEC) and the Kenai Peninsula Borough Economic Development District (KEDD), Inc. 4. Resolution No. 2006-52 -- Transferring $20,331 in the Water and Sewer Fund for purchasing a Sewer Jet Cleaning Unit. 5. Resolution No. 2006-53 -- Awarding the Bid to Bob's Services, inc. for a Sewer Jet Cleaning Unit - 2006 for the Total Amount of $300,33L . ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS i. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. 'Ordinance No. 2190-2006 -- Increasing Estimated Revenues and Appropriations by $5,361.72 in the Airport Environmental Assessment Capitai Project Fund for Additional Grant Monies. 4. `Ordinance No. 2191-2006 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Generai Fund for Payment to the Public Employee Retirement System. 5. 'Ordinance No. 2192-2006 -- Amending KMC 12.40 Entitled, "Regulation of Smoking in Eating Establishments" to Include Bowling Alieys as a Piace Where Smoking is Prohibited Within the City of Kenai. 6. Approval -- Authorizing City Manager to Negotiate and Enter into a Management Agreement with State of Alaska Division of Fire Prevention for the Management of the Aiaska Regional Fire Training Facility (PRISM). EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The pubiic is invited to attend and participate. Additional information is avaiiabie through the City Cierk's office at 270 Fidaigo Avenue, or visit our website at htto://www.ci.kenai.ak.us. Carol l. Freas, City Clerk D206/211