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Home My WebLink About2008-05-07 Council PacketAGENDA ENAI CITY COUNCIL -REGULAR MEETING .1 ~.. MAY 7, 2008 "' 7:00 P.M. ,n,aye/ KENAI CITY COUNCIL CHAMBERS rcexar.arasxa htto:l/www.ci.kenai.ak.us U ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. At the 4/2/08 council meeting and postponed until the May 7, 2008 council meeting. The motion to adopt is active.) 2. Ordinance No. 2300-2008 -- Donating Certain Foreclosed City-Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-05), to Amundsen Educational Center for Construction of Housing. 3. Ordinance No. 2301.2008 -- Amending KMC 23.50.010(b) by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.030(b)(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay. 4. Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 5. Resolution No. 2008-23 --Authorizing Sharing Cost Savings From the Calendar Year 2007 Health Insurance Plan with Employees. 6. Resolution No. 2008-24 -- Transferring $13,200 in the General Fund to Pay Taxes Due on Mommsen Subdivision Property Described as Lots 1 - 5, Block 1Q Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-053). 7, Resolution No. 2008-25 -- Repealing Resolution No. 2008-10 Which Awarded a Sole Source Contract to Procomm Alaska LLC to Equip the Kenai Fire Department with Hand Held Radios and Award a Sole Source Contract to Motorola Inc. in the Amount Not to Exceed $54,000 to Purchase Hand Held Radio Equipment. ITEM G: UNFINISHED BUSINESS --None ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. vrdirlanee ido. 2303-2006 -- Enacting Kiv1C 21.05A85 Establishing a Fuel Flowage Fee of Three Cents ($0.03) Per Gallon of Fuel Delivered to the Kenai Municipal Airport. 4. *Ordinance No. 2304-2008 --Amending the Official Kenai Zoning Map by Rezoning Approximately Six (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential. 5. *Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Special Revenue Fund and the Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering. 6. `Ordinance No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving. 7. *Ordinance No. 2307-2008 -- Transferring $71,731 in the General Fund and Increasing Estimated Revenues and Appropriations by $71,731 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 8. *Ordinance No. 2308-2008 -- Increasing Estimated Revenues and Appropriations by $4Q000 in the General Fund Dock Department for Fuel. 9. *Ordinance No. 2309-2008 -- Increasing Estimated Revenues and Appropriations by $11,457 in the General Fund for Professional Services at the Multi-Purpose Facility. 10. "Ordinance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing the Minimum Distance Between Oil and Gas Well Drilling Locations and Residential or Commercial Buildings From 200 to 600 Feet Unless the Written Permission of the Owner is Obtained. 11. Approval -- Security Assignment of Lease/Lot 3, Block 3, Cook Inlet Industrial Air Park/Integrated Account Management, Inc. d/b/a Park and Associates and John C. Parker and Marie L. Parker. 12. Approval -- Security Assignment of Lease/Lots 7 & 8, Block 1 F.B.O. SubdivisionlLOROC LLC. EXECUTIVE SESSION -- Annual Evaluations of City Clerk and City Attorney. ITEM N: ADJOURNMENT MAKE PACK T COUNCIL PACKET DISTRIBUTION i COUNCIL MEETING DATE: ryi'r/~`~ Ma or/Council Attorne Ta for/5 rin er Clerk ~ Cit Mana er p< Kebschull/Carver Police De artment Finance G`° En ineer Senior Center b°~ Air ort ~ Kim CC Librar p~- Parks ~ Recreation $C Clarion Fire De artment Schmidt Student Re . KSRM ~. AGENDA DISTRIBUTION Sewer Treatment Plnnt 1 Streets Sho Dock Building Maintenance Animal Control Water/Sewer ~ Counter DELIVER Council and Student Representative Packets to Police Department 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 emailed ns soon ns possible on pncket day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emniled to Denise at Peninsu/a C/orion (at email folder Wark Session/Special Mzetings, or Composition in Contacts or Ibell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emniled to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the wezkend. TESTIMONY SIGN-IN SHEET `,~~`,'/t~ f~ NAME ORGANIZATYON RESIDENCE ADDRESS/ PHONE NUMBER ~ IF CITY RESIDENT G ~ if ~/ l ~f T GzUr'~lsu c~ 4 d`~lr~~c~~~ ~~ ~~=' ~ d C~ m a ~~~W~~ p Z_ Z J p O W W ~`O~J~cnJJl- ~~ ~`~ ~ LL Z H W W ~L J U Z U C7W}U' ~ ~ Q ~ J Q~~J0000 =CnCnW CC~COd '1~1~ ~~ ~~ ai„ ~ W ~ J J ~ cG m ~ ~ ~ ~ ® i W ~ Z J ~ O w W ~' pQ J ~ tn J J I- ~ Q~ ~ ~ 0 0 0 0 Z(n Cn W ~ ~ m d i> ~~ ~~ a ~~ww~ ~- ~ ®'Z~~fiS~~l- 2~cnCn~W CL~C~d M) w 0 °5 R a T° ii 0 Z W I1J U z O U c9wW~ } zz~o O p~J~:nJ ~`tQp(n-i <C'S ~ ~ 0 0 =cncnw~~ ~ ~ ~ WWI ~- ~ Z J p O W W QQ~~ JJ W. Cn (n ~W ~ I ~ LYl a. F c~wW~ ~ ~~~~~~~ `S Q cn -~ >- Q'5~~000 =cncnwc«m W ~~~~OJw ~ Q .-. (/~ J ~.. M nc~n wl~ ~Im a WWI ~- ~ <CQptA-i~-~ ~~~0000 cncnw~~mn~ ~_ ~ O J W ~ CO n.l 0 a '~ W Z h W W J U z O U ~s p Q J ~ (n ~ ~ IW- Q ~ ~ pJ 0 0 0 0'' = ~n vl w ~ ~ m m',. a `~ ~ W C7 ~, Z Z J p ~ O W W Q' Q Q Cn J ~' ~ ~ ° ~ ° ° _ ~ m W p } ~ Z_ p Z ~ J .J _ ~ C/) O J w J W - ~ Q Q ~ Q ~ p J cn 0 J 0 }~ 0 ~ 0 = u> cn w ~ ~ m a N C7 W } C7 } ~ p ~ J ~ (n OJ J 'r ~ a Q p cn J } ~ ~ ~ ~ ~ m ~ = c i~ c i~ w C7 W w C7 ~- ~' Z_ p Z Q J J p ~ cl3 O J W J W f- Q ~ ~ ~ 0 0 0 0 = cn cn w ~ ~ m a N U' W } O } ~ ~ Q Q p (n -i } (Y AGENDA KENAI CITY COUNCIL -REGULAR MEETING MAY 7, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 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] ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessor;, Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120- Square Feet Require a Building Permit ............................................................ (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. At the 4/2/08 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is active.) 2. Ordinance No. 2300-2008 -- Donating Certain Foreclosed City-Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-OS), to Amundsen Educational Center for Construction of Housing ............................................... 3. Ordinance No. 2301-2008 -- Amending KMC 23.50.010(b) by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.030(b)(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay ............................................................................................. 11 4. Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai ................................................... 14 5. Resolution No. 2008-23 -- Authorizing Sharing Cost Savings From the Calendar Year 2007 Health Insurance Plan with Employees .............................. 22 6. Resolution No. 2008-24 -- Transferring $13,200 in the General Fund to Pay Taxes Due on Mommsen Subdivision Property Described as Lots 1 - S, Block 10, Mommsens Subdivision Repiat of Addn. 1 8v 2 (Parcels 039-103-01 Through 039-103-053) ................................................................................................. 25 7. Resolution No. 2008-25 -- Repealing Resolution No. 2008-10 Which Awarded a Sole Source Contract to Procomm Alaska LLC to Equip the Kenai Fire Department with Hand Held Radios and Award a Sole Source Contract to Motorola Inc. in the Amount Not to Exceed $54,000 to Purchase Hand Held Radio Equipment ........................................................................................... 27 ITEM F: MINUTES 1. *Regular Meeting of April 16, 2008 ................................................................... 29 2. *Notes of April 14, 2008 Budget Work Session .................................................. 42 ITEM G: UNFINISHEIS BUSINESS ITEM H: NEW BUSYNESS 1. Bills to be Ratified ......................................................................................... 48 2. Approval of Purchase Orders Exceeding X15,000 ............................................. 49 3. *Ordinance No. 2303-2008 -- Enacting KMC 21.05.085 Establishing a Fuel Flowage Fee of Three Cents 00.031 Per Gallon of ~.ze Delivered to the Kenai Municipal Airport .......................................................................................... 50 4. *Ordinance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Six (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential ................................ 52 5. *Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Special Revenue Fund and the Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering .................................................................................................. 56 6. *Ordinance No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving .................................................................... 58 *Ordinance No. 230?-2008 -- Transferring $71,731 in the General Fund and Increasing Estimated Revenues and Appropriations by $71,731 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System ............................................................................................. 59 8. *Ordinance No. 2308-2008 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Dock Department for Fuel...... 66 9. *Ordinance No. 2309-2008 -- Increasing Estimated Revenues and Appropriations byw11,457 in the General Fund for Professional Services at the Multi-Purpose Facility ................................................................................... 67 10. *Ordanance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing the Minimum Distance Between Oil and Gas Well Drilling Locations and Residential or Commercial Buildings From 200 to 600 Feet Unless the Written Permission of the Owner is Obtained .............................................................. 68 11. Approval -- Security Assignment of Lease/Lot 3, Block 3, Cook Inlet Industrial Air Park/Integrated Account Management, Inc. d/b/a Park and Associates and Jahn C. Parker and Marie L. Parker ......................................................... 70 12. Approval -- Security Assignment of Lease/Lots 7 & 8, Block 1 F.B.O. Subdivision/LOROC LLC ............................................................................... 75 ITEM I: i. Council on Aging ............................................................................................ -- 2. Airport Commission ........................................................................................ -- 3. Harbor Commission ....................................................................................... -- 4. Library Commission ....................................................................................... -- 5. Parks & Recreation Commission ..................................................................... -- 6. Planning 8s Zoning Commission ...................................................................... 92 7. Miscellaneous Commissions and Committees a. Beautification Committee ........................................................................... -- b. Alaska Municipal League Report ................................................................ -- ..................................................... c. Mini-Grant Steering Committee............. -- ITEM J: REPORT OP THE MAYOR ........................................................ 101 ITEM K: ADMINISTRATION REPORTS 1. City Manager ................................................................................................. 111 2. City Attorney ................................................................................................. -- 3. City Clerk ...................................................................................................... 113 ITEM L: 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGYSLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) EXECUTIVE SE$SYON -- Annual Evaluations of City Clerk and City Attorney. ITEM N: ADJOURNMENT %NFOI2NLATYOryN ITEMS MAY 1 y LaOOH Page No. 1. 5/7/2008 Purchase Orders Between $2,500 and $15,000 for council review ............................................................................................................ 129 2. 4/28/08 Public Works Department, Project Status Report .................................. 130 3. Commission/Committee Application of Maya Ala Johnson (Student Representative to the Council) ......................................................................... 131 4. Draft Ordinances -- a. Amending KMC 14.05.010 by adding a new subsection to compensate Planning 8v Zoning Commissioners at the rate of $100 per month. b. Amending KMC 1.80.010 by increasing the Mayor's salary from $900 to $1,000 per month and Council Members' salaries from $400 to $500 per month .................................................................................................. 132 5. Kenai Peninsula Air Fair Notice/Poster ............................................................ 6. 4/27/08 Sherry McBride/Kenai Cafe Letter of Transmittal -- Spring hours of operation announcement ................................................................................ 7. 5/ 1 /08 S. Carter thank-you letter regarding beach activity ............................... 8. 2/25/08 Kenai Convention & Visitors Bureau, Inc. Board meeting minutes...... 9. 5/6/08 Kenai Peninsula Borough Assembly Meeting Agenda ............................ 10. 5/8/2008 Kenai River Special Management?sea Advisory Board meeting agenda and minutes of the 4 j lU/08 board meeting .......................................... 11. 4/29/08 C. Crome, Fisheries Policy Advisor letter related to moving Soldotna Office,of Alaska Department of Fish & Game to Anchorage .............................. 134 135 136 137 140 14'7 154 MAY a, Zoos REGULAR COUNCIL MEETING REQUESTED ADDITIONS/CHANGES TO THE PACKET %TEM REpUESTED BY: Item E-4 SUBSTITUTE ATTACHMENTS B AND C (Corrected Maps) of Ordinance No. 2302-2008 ADMINISTRATION CLERK'S REPORT -- Additional Information related to "Government Page" Report CITY CLERK CONSENT AGENDA Suggested by: Planning 8v Zoning Commission CITY OF KENAI ®RDINAN~E NO. 2287-200~`~ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.200 (ACCESSORY STRUCTURES) BY 1) ADDING A SECTION RESTRICTING THE USE OR STORAGE OF CONEX-TYPE STRUCTURES IN THE CENTRAL COMMERCIAL AND RESIDENTIAL ZONES AND 2) REQUIRING ACCESSORY STRUCTURES BE BUILT TO MATCH THE PRIMARY BUILDING ON THE LOT AND 3) PROVIDING FOR TEMPORARY USE OF CONEX-TYPE STRUCTURES DURING CONSTRUCTION PROJECTS AND INCORPORATING THE EXISTIATG REQUIREMENT THAT ACCESSORY STRUCTURES OVER 120-SQUARE FEET REQUIRE A BUILDING PERMIT. WHEREAS, KMG 14.20.200 (Accessory Structures) sets out the rules for accessory structures in t<he Kenai Zoning Code; and, WHEREAS, storage or use of conex-type structures for permanent storage in residential zones can cause unsightly conditions leading to reduced property values; and, WHEREAS, storage sheds not built to match the primary structure can cause also unsightly conditions leading to reduced property values; and WHEREAS; it is in the best interest of the City of Kenai to restrict the use of conex- type structures for storage in the Central Commercial and residential zones; and, WHEREAS, a limited exemption. should be allowed to provide for temporary storage during construction. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.200 is amended by 1) adding subsection (a)(6} incorporating the existing requirement that accessory structures over I20-square feet require a building permit and 2) adding subsection (b) as follows. 1. (6} Accessory structures over 120-square feet require a building permit as set forth in the building code incorporated by reference in KMC 4.32. Ordinance No. 2287-2008 Page 2 of 2 2. (b) Storage or use of conex-type structures or storage sheds requiring a building permit in the Central Commercial and residential zones is restricted as follows: (1) Under this section "residential zone" means one of the following zones: Rural Residential Zones, Suburban Residential Zones, Urban Residential Zone, or Townsite Historic Zone. (2) Conex-type structures or storage sheds must be built to the following standards: a. Shall have all wheeled assemblies removed, be placed on non-rot susceptible blocking or foundation, be roofed, and sided or painted to match the primary building on the lot; b. Shall be roofed and, also, be sided or painted within two years of the issuance of a building permit. {3) Ccnexmtype structures may be used ir. the Central Commercial and resider_tiat zones far temporary storage during construction projects. A permit is required for this temporary use and is obtained as part of a building permit. A temporary conex permit is valid for 90 days with renewal necessary for an additional time period as allowed within the discretion of the Building Official. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March S, 2008 Second Reading: March 19, 2008 Third Reading: April 2, 2008 Fourth Reading: May 7, 2008 Adopted: May 7, 2008 Effective: June 7, 2008 2 ^~~ - ~.: fke afy o f ,~ KENAI~VA/L,ASKA "C/i(la~e wit~t a Past Gi~ wit~i a Fr~t~>v°e°' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ ~~ ai Telephone: 907-283-7535 /FAX: 907-283-3014 '997 ~_vl TO: Gity Council PROM: DATE: Rick Koch March 27, 2008 SUBJECT: Ordinance No. 2287-200$, Amending KMC 14.20.200 (Accessory Structures) The purpose of this correspondence is to provide the administrations comments to the above referenced ordinance. The effect of {5}(b)(~} in this ordinance wiIl be to have the City perform as a oommunity architectural. committee. Administration does not support requiring conex-type structures or storage sheds to be "roofed, and sided or painted. to match the primary building on the lot." Many existing storage buildings have flat, shed, gable-end, or other configuration roofs that may not "`match'" the primary building. This does not necessarily mean the storage buildings are unsightly, or negatively affect the property values of neighboring properties: In the case ofpre-manufactured metal storage buildings, they come with a baked on enamel. finish, that probably does not "match" the primary building. Again, this does not necessarily mean the storage buildings are unsightly, or negatively affect the property values of neighboring properties. Conex-type structures already have a roof assembly that is constructed to a standard far exceeding design requirements far roof loading. Administration suggests that these kinds of limitations and restrictions are best loft to individual subdivision covenants. Thank you for your attention in this matter. 3 APR-08-2008 TUE 10 53 AM Redoubt Industries INC FAR N0, 9072836106 P, 02/02 1`.f.'r~1..91J721 il~i.V {J~ l i'4_LL'.~e7y 11~~. Red®ubt Plrxmbing ~i Heatting PO 13ox 1.290 8847 Kenai Spur highway '.Cerifti, r~K 99611 (907}283-3255 phone (9x71253-6106 fax April 7, 20x8 City of Kenai To wham it may concern: Tl.e information we have received to date indicates a desire by tfre City of Kenai to regulate eonnexes in the city by malting it mandatory for owners to roof and paint 41tem. We da a tremendous amount of bush work thraughaut the state and are continually in a state of mobilizing and demobilizing. We use eonnexes to ship malaria! to and. from these job sites. Our eonnexes are f lied as anaterial is delivered, sometimes taking 6 months to a year to equip before shipping out to remote sites, at other times taking two,to three weeks. It wortid be impossible to keep these connexeszoofed. On the issue of paint; these eonnexes azc galvanized metal, with primer and paint already applied to them at the place of manufacture. Besides incutxing an econonuc hardship on owners in preparation iim? and actual, pain*.ing time, in the graces of being moved to jab sites they are continually being picked. up by fork lifts, wenched auto flatbeds, and. moved by barge lines, thereby damaging and. mazring the surfaces. This is typical of any type to construction equipment. We ruuierstand the desire to beautify lire city and have done our part in drat process. In the last few years i.t .must crave come to fire attention of the city that we replaced siding and roofing on our three shops with brand new materrals, making our properly more aestheCically gleasing to the eye. We installed fencing, and reroofad and regairated our 1.960 vintage home. We keep our property clean and tidy. We purchased our property due to its location and access for the type of wank we do. Please consider this when you draft your new rules concerning commercial property itr the city of Sincerel , David N. Y'ragui President 4 Suggested by: Administration CYTY OF KENAI ORDINANCE NO. 2300-200B AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DONATING CERTAIN FORECLOSED CITY-OWNED PROPERTIES DESCRIBED AS LOTS 1 - 5, BLOCK 10, MOMMSEATS SUBDIVISION REPEAT OF ADDN. 1 & 2 (PARCELS 039-103-01 THROUGH 039-103-OS), TO AMUNDSEN EDUCATIONAL CENTER FOR CONSTRUCTION OF HOUSING. WHEREAS, KMC 22.05.125 allows the Council, by ordinance, to donate foreclased real property no longer needed by the City for public purpose to a non-grofit corporation, for a consideration agreed upon between the City and grantee without a public sale if it is advantageous to the City; and, WHEREAS, Amundsen Educational Center is anon-profit vocational training educational institution and has identified Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. I & 2 (Parcels 039-103-OI through 039-103-05 -see attachments) as properties meeting the needs of the center; and, WHEREAS, the referenced properties were acquired through tax and special assessment foreclosures {judgment yeaz was 1987); and, WHEREAS, Ordinance No. 1414-91 declared the properties v~~ere not needed for a public purpose and could be sold; and, WHEREAS, the properties have been included in several public foreclosure sales where no bids to purchase were received. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain foreclosed city-owned properties described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 {Parcels 039-103-01 through 039-103-OS), be donated to Amundsen Educational Center for construction of housing, subject to the following conditions: 1) Amundsen Educational Center is willing to pay the sum of taxes owed to the Kenai Peninsula Borough, and the City of Kenai. assessments owed, at the date of closing of the sale to the new owner; and, 2) Up to three parcels will be granted for construction in the 2008 - 2009 school year and once the dwellings are completed (or near completion), and taxes and assessments are paid, a deed for the remaining parcels will be granted, with the stipulation that dwellings be constructed on the properties by December 31, 2011, or the properties will be returned to the City. 5 Ordinance No. 2300-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this seventh day of May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Attachments / Approved by Finance: ftL~=,. {3/28/OS)kh Intrad-uced: April lE~, 2008 Adopted: May 7, 2008 Effective: June 7, 2008 6 ~~~~ i?ocrstaonrat Trai»ing to a t'&:-ristian C;rrrs:murrifljr fear tPre Ne,?;nte caf`t~uraf E4larka lfcrccxtzanrzX Trrxtning in a CFtri.stttrn C'czmrrzunity for the 1'eaple crf RuraC ~Zcrska February 6,2008 City ofI%enai Attrs: Mr. Rick Kach 220 Fidaigo Ave Kenai, AK 996 t l Su6r~ect: PoreelosedE:ityProperties-ib~oanmseuSubdivision ~,- :,, . First, please accept my apologies for not getting back to you sooner. A matter such as this had to funnel through. multiple ePaarmeL Prefers we were prepared with a response. We are stilt working to irnprave our administrative processes to Prandle issues sucPr as this in a more expedient. manner. Next, allow me to eA-press my appreciation for your correspondence and consideration related to the property in the Mommsen Subdivision. The prospect of acquiring some ofthis land has generated considerable discussion. far our Program, Advisory Committee. I am sure you can understand that building here versus our last two [ocatians (Inlet Woods and Bighorn Circle} would cause us to completely rethink some of our stra tegy. As an cdueatianal institution, AEC needs to be building smaller homes in order to allow us to iuiiipletL' muliipse liam°~.s to the Sa353e school year. Frain t1:.S p°,rspectdve, ~};°,. lL:arikmsen properties would be quite useful to us. I am sure it is no surprise that our concerns about this property relate to its prorK7mity to Wildwood and the general condition of the neighborhood. In that we rely heavily on the proceeds from the sale of our spec homes to finance our nanprafit sociat enterprise, we are aancerned about selling new construction in this subdivision Nevertheless, we recognize the value of this opportunity and the generosity of your consideration to get these properties at a price- below accessed value. Below are answers that. address questions raised in your previous letter. I. Amundsen Educational Center is a vocafiona} training school specializing in the education of students Pram rural Alaska. Vice Have developed a residential construction pralnarn that fosters a culturally relevant learning environment and provides duality vocational instruction AEC's course afferirzgs are authorized through the Alaska Commission of Postsecondary Education to provide graduates with a lst year Certifscate in Residential Consteuction, and a 2nd year Advanced Certificate in Residential Construction. The program is designed to equip students with the aptitude necessary to build a complete house togetTter, tca provide therm with the foals tss deal with life's hurts, and to become gainfully employed upon commencement. E°. C3. I'.iox ~Q06 SaGd¢rteta. A.dsr~ka 49GEi'S ~ C94i7.f ZC*€3-$U4t niasn < C`tK~TB 26U-8{!42 rax ~ci ~=.~eeai:..,otg 7 The hams GanstruGtion projects of the past three years represent much more than the sum of ttseir parts for our students; they represent the prospect of a b€ighter future. These homes are considered "Houses of Hope" because they represent an infusion of hope iota the lives of each. student thax participates in the GonstnsGtion process. Sy equipping young Alaska Datives with work-ready trade skills, AEC is preparing graduates tcs became economically viable and employable members of their communities. Moreover, we ate seeing an increase of our graduates desiring to stay on the Cersteal Peninsula for employment. Attached you will fsud a proposed schedule far the canstruGtion of tlse first two homes during the 2008-2x04 school year. Construction of the other 3 honres will be scheduled for 2t}09-2411. Z, In that it is in our best interests to ensure Glean and orderly properties for the sale of future projects, I am confident that in Gaaperation with your office we cloy agree open appropriate Gawenarsts that would satisfy both. of our interests. I suggest that we meet to out{ine these GQVCnantS. 3. Amundsen Educational Center is interested in the following five prapGrties on SeGand St,: 1 ]00,1 ]02, 1 T04,1106, 1'108 (garGel numbers 3910301 through 3!310305}. Regarding the second set of questions in your letter: 1. AEC is requesting a danatian of the above named properties. This move would be extremely beneficial to us in our pursuit of reaching self-sustainability in the next five to seven years. 2 & 3. We recognize that $22,408.76 is the sum. afwhat is due an these 5 properties. Iftlre City is unable to accommodate a full danatian including paying Borough taxes and waiving Gity assessments, perhaps the cit}r would require us to pay the KPB taxes but waive the past due assessments or soma combination thereof If it is necessary for srs tts cover the amounts due for earls property (IiF'B and/or Cf)K~, cve would request Ilse oppartunityy to subordinate these Gass unt*:l we sell the home built on each lam r".GGOrdina to am ura,eGted consta-iiciiar~ schedule dais would. provide the COK these funds by 20l 1. 1 trust that we Gan agree upon a legal stsuGture for the transfer of property and payment of past due amounts drat will. satisfactorily address the pertinent issues. t3ssce again, wG greatly appreciate the cooperation of the City of I~assai to discuss these issues and present this apparteussty. AEC has greatly appreciated working wills the city an our recent prajeGts. If given the GhanGe witty these lots, we Iaole forward to helping getting them back asrta ttsa tax rolls aver the next few years, Sincerely, ~~ z~r~ ~, Mark Hill - ExeGUtive 13ireGtor t~.f3.Bax ditgfr So9dotna„ Ptlaska. 9'Ofi69 (dItST? 26t1-8iJ4E neatrx = {4C57'y 26€t-£;042 Fax ~x~~e w~. teecak.ae 8 Constructian Plan for Hauser of Hope 20Q9 Project HaLB9e l3n {4e9tt9 HauBe B Jordan Date Started Elate Campleted Responsible Party Lot cleared 1-Jun 1MJun Volunteer! AEC Staff Excavation 6-AU 10-Au Nali / Zubeck 1 Other 7 Footin s (Foundation 11-Au 1$-Au AEC Students Framin 19-Au 10-Se AEC Students Rodin 11-Se 9-Oct AEC Students Dried in N(A 'FD-Oet AEC Students Sidirt 1D-Oct AEG Students Electrical 10-Nov Contractor! AEC Students Plumbing t 0-Nov Contractor / AEC Students Insulation 1-Dec AEC Students Dry Wall 15-Dec Contractor / AEC Students Painting 10-Jan AEC Students Finish I Floarin 1-Feb Contractor I AEG Students Prep ed for Sale 1-Mar AEG Students For Sale Apr1101 2008 Lot cleared 1-Jun 1~"-Jun Volunteer / AEC Staff Excavation 15-Jun 1-Aug Hall t Zubeck !Other ? Footin s /Foundation 6-Au 22-Au 1st ear AEC Students Framing 23-flu 1$-Se 1st ear AEC Students R~~fiww G 1$-yep r~i -R Vl:t.iV L_F 15L..J~.-L- 1St~~earACUa7WUGlllp Dried in N!A Oct. 90 1st ear AEC Students Sidin 10-Oct AEC Students Electrical 10-Nov Contractor / AEC Students Ptumbin 10-Nov Contractor / AEC Students Insulation 1-Dec AE Students D Wail 15-Dec Gon actor / AEG Students Paintin 10,fan AE Students Finish / Ffoorin 1-Feb Con tractor 1 AEC Students Pre ed for Sale 1-Apr AEO Students For Sale May 1 2008 ~ 9 t6~ 10 9 8 7 6 5 4 3 2~ 1 i ~~ s 2a 34 $d 30 2d2L 2d22 2dtB ~ 2d1~ 24 SC 24G6 ^cd 02 ?~1 C CALiFORNlAAVE •`'2.a 41 z`' 3A 6 5 5~ ~,,o // tt 6 l7J 4 `_ 7A P 3 P _~4 - e`~e 2 _ U 09 1~ y _A ~, ~1 6 ~ 02 ~ 5 = F- G p 4 3 "_ iy ~~ ~ 5 2~ ~6 ~ 7 !_~ 7 $ N =6 9N ~5 10ti ti 4 -f 11 ti .3 12N m 2 13 °1-B 14a s 2-B - 14 B N 6-A • 6-B 7 a 5 8~ ~4 9 ~3 b0~, = 2 11 a ."^^^ 12 i!Jil FL( ~ 0 0 8 e4a: j G9 6_ 6 o ~ '" ~ a 10 5 ~ - 5 1l 4" 04 - 0 12 1 a 3 m 013 2" ~2 q14 6A a`' ~ - ~ 1 - N~ 6B~ ~y s1-A 15 _ /~~ _ m 16 - r 6V m 'S ~. 17 5 0 18 $ 4 e `° 4 z$ 3 i c 3 N / (j ~ N6 gN ;5 10~ 4 11 N m3 12N e 2 13 1 14 1-A 14-A =' °6 7_ °_ 5 8,. ~4 °s3 9s 10~ 2 1 ! A TIi r~ 11 12 I ir - 7 6 4 ~2 --°•1 1-A Subjeet C/) {-- 0 6 ~ Z ~ m5 ® ~ ~ = 4 ~~} W Cq ~ ~ 3 °_2 of r~ ~ L~S HL ~AAVE =_dzs 7 06 7~ >6 6a 8 N " 5 8 05 N 5" 9 ~4 9°- a4 4N 10 ='3 10= =3 13~ 3a TR.A 11 N .2 11? e2 2a 12 01 12e o1 1 , 12-A "- s 7-A 72-A o 0 1-A 1-A a TEXASAVE 7~ N 6 7 =6 60 8 0 - N0, < 5C 8 = 5 i 5 _ TR. A 9 ~ ~ 4 g ! ` 04 ~J \~~ 4 a 10 3 10 = Suggested by: City Manager CITY OF KENAI ORDINANCE NO. 2301-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.50.010(b) BY ADDING TWO CLASS TITLES TO THE EMPLOYEE CLASSIFICATION PLAN AND AMENDING KMC 23.55.030{b)(1) TO ALLOW THE POLICE CHIEF TO BE ELIGIBLE FOR ADVANCED CERTIFICATION PAY. WHEREAS, a review of the job duties and responsibilities of the Public Works Administrative Assistant II (Range 9)has shown that the position should be reclassified; and, WHEREAS, that position should be changed to a new job classification: Public Works Administrative Assistant; and should be classified at a Range 10; and, WHEREAS, the Parks and Recreafion Department contains a position that is a Department Assistant I (Range 3) in the winter and a Parks and Recreation Supervisor (Range 6) in the summer; and, WHEREAS, a review of the duties and responsibilities show it should be reclassified into a new job classification: Parks and Recreation Operator at a Range 9; and, WHEREAS, pursuant to KMC 23.55.030(b) all officers of the Kenai Police Department, except the Police Chief, are eligible for certification pay far receiving either intermediate or advanced police officer certification; and, WHEREAS, the Kenai Police Chief should be eligible for certification pay for receiving advanced certification. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code is amended as follows: SECTION I KMC 23.50,010 Emplogee Classification (b) ADMINISTRATIVE SUPPORT 201 Department Assistant I 3 202 Department Assistant II 7 203 Administrative Assistant I 8 11 Ordinance No. 2301-2008 Page 2 of 3 204 Accounting Technician I 10 205 Accounting Technician I 11 206 Accountant 16 207 Legal. Administrative Assistant I 9 208 Legal Administrative Assistant II 11 209 Legal Assistant ].5 210 Administrative Assistant II 9 2 i 1 Administrative Assistant iII 12 212 Department Aide 1 213 Parks and Recreation Administrative Assistant 10 214 Library Assistant II 6 215 Senior Center Administrative Assistant 10 216 Parks and Recreation Supervisor 6 217 Parks and Recreation Operator 9 2I8 Public Works Administrative Assistant 10 SECTION TWO KNYC 23.55.030 QualiScation Pay (a) In recognition of professional development, personal time, and effort of the individual to achieve same, the following annual recognition entitlement is authorized payable on a pro rate monthly basis. (b) This recognition entitlement is not considered when calculating hourly rates for annualleave or holiday pay. (l) Police Department. Certification in accordance with State of Alaska Certification Standards. 12 Ordinance No. 2301-200fi Page 3 of 3 Police Officer Intermediate Certification $ 900/year Advanced Certification $1,800/year Police Sergeant Intermediate Certification $ 900/year Advanced Certification $1,800/year Police Lieutenant Advanced Cerfiflcation $1,800Jyear Police Chief Advanced Certification $1,8001vear PASSED BY'THE COUNCIL OF THE CITY OF KENAI, ALASKA; this seventh day of May, 2008. PAT PORTER, MAYOR AT'T'EST: Carol L. Freas, City Clerk Introduced: April 16, 2008 Adopted: May 7, 2008 Effective: June 7, 2008 13 Suggested by: Plaruzing i,~ Zoning Corsunission CI'P'i' ~F KENAL 412DINANCE NO. 2342-2D08 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING UPDATED ZONING AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI. WHEREAS, the Kenai Peninsula Borough Ordinance 90-31 delegated authority to the City of Kenai to make Land Use Amendments to the Comprehensive Plan; and, WHEREAS, the City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, since the adoption of the Plan numerous amendments to the zoning map have occurred; and, WHEREAS, these zonuzg amendments require an update to the Zoning and. Land Use Plan maps within the Comprehensive Plan; and, WHEREAS, the Planning 8s Zoning Commission held a public hearing on April 9, 2008 and unanimously recommended the Council adopt the updated maps. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Comprehensive Plan Zoning and Land Use maps are replaced with the updated maps as shown on Attachment A, Attachment B and Attachment C. PG.CSF,n BY THE COUNC.y ~F THE CITY ~. KE A?A3, Qi %SKA, t<nis se..,..... ay o: May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 16, 2008 Adopted: May 7, 2008 Effective: June 7, 2008 14 ~c L ~ ~+ a Q~ 'rs .C, w U r d~ c0 b O (V N C M N z° v 0 D z 4 U N X `o c 0 ~~, ~ _ v , t s _ O ~ .. i _ K 3''y N ~` ~~ ~. ~~~ ~ ,~ _,.~ ~ ~. f,~ ~ v v c o m ~ ~ ~` a ~ ' , 0 - ~ - r 1f~ ' t tl nJ r U j c ~ a} m IkJ~ ~ ~,i ~^ S ~, ,. I ~r ( , ~ ,~ ~ l " n~ ~ ~, n~k r, _. d.-~„iii u:~ ~2Y.~; k Y ~ v ~~'`~ Ga a ~~ bue g l.S _ ' ~ ?~ e h" x '~ mi $ C 8 C ~ ~"r~ r. .,.... fi 5 b C e ~ 9 k p p °~ ~ g ' a 3 5 q m ~ ~ w m u ~ zz ~ a } ~ ` ` a ~' LJ "~ = ~ C1 0 0 I z ~ s ~. ,. IL O ° H ~ u p ....... ~ ~ ~ u ~ ....... 3 ~ 8 : ` ` 0 ti ~` 0 c Y 15 ~~ b ~ ~o (y m Y .4 U J-3 a1 m O O N N O M N z u ro .~, 'o ~, C7 m 4 I ~ 'i c 0 v I X U ;; _:._~ Q ~i i m c m l U ~ r ~P _. b 0 m° ~ ~ N 0 0 U t ~ c Y e a _T U a 'r~ I } ~ y 1 - . p2f ~a e ~.~.~' 1r c c~ o N pYO ; `u ~ q~ YZ V $w$}$ &Y 8P 8 ~ $ gxd3g m ~~ j ~ a y ~ ~ Kenai Spin Higi+'~ay ;.. g r a ~ 3 x ~ ~ o c~- ~ $ & ~ g a $ o b l~k', ~ ~ O ._ m ti N ,~; ~. u t s C X 16 N C' CJ a F1 ~ d G E ~ ~ U m O O N cn 9 (+1 N O z u ro N 0 w ~. E 0 U U T U ai iv 8 ~~ `.e ti v X 17 CITY OF KENAI PLANNING AND ZONING COMMISSION KENAI, ALASKA RESOLUTION NO. PZ08-'I5 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING ADOPTION OF THE UPDATED ZONING AND LAND USE MAPS FOR THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI BY THE KENAI CITY COUNCIL. WHEREAS, The Kenai Peninsula Borough Ordinance 90-31 delegated authority to the City of Kenai to make Land Use Amendments to the Comprehensive Plan; and, WHEREAS, The City of Kenai Comprehensive Plan was adopted in 2003; and, WHEREAS, Since the adoption of the Plan numerous amendments to the zoning map have occurred; and, WHEREAS, These zoning amendments require an update to the Zoning and Land Use Plan maps within the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission recommends that the Kenai City Council update the Gity of Kenai Comprehensive Plan with adoption of the updated City of Kenai Zoning and Land Use Plan Maps as shown on Attachment A, Attachment B, and Attachment C. Dated at Kenaa, Afa''s a this 9th day of April, 2008. ATTEST: 18 "Vifla~e w~tlr a Past, pity w~t~r a Future °' .~?~,~~,, 210 Fida(go Avenue, Kenai, Alaska 99611-7794 ~~,.~ _~ Telephone: 907-283-75351 FAX: 907-2$3-3014 t~~lli __ ?,s;.:~.;.,.ry _~ 1992 tlae clEy o f KE1dAl~ 5KA r r ~; TO: Rick Koch, Gity Manager 1,;, FROM: Marilyn Kebschul(, Planning Administrator DATE: May 1, 2008 SUBJECT: Ordinance Na. 2302-20t}8 -Adapting Updated Zaning and Land Use Maps far the Comprehensive Ptan for the City of Kenai This ordinance will adopt updated zoning and land use maps for the Comprehensive Plan that will incorporate rezones approved since the Pian was adopted in November 2003. Attached is a report showing these rezones. Attachment 19 2 0 p~ h `"+J r `~ ~^ `~ jjrr~~qq I.nl ~J • ya r~ ~`~ `~ t ~' .,,v ~ ~ ~~ ~~W.. ~ ~ ~* ~+v h O w Iti~ R, Z vv ' ~ I C ~ d t N O W Y N v 3 C U N X I ~ N oa B t n N a 2 N 'O 9 N d N N t d ~ O Z Q p m V ~ _ _ ~ J~ ~ M N C ~ ~ ~ M W N C b O ?~ 0 4 0 >~ ' o (n + O N ~ o ~ p c d ~ N = = a z ZNe ~ ~ w ~ +~ ~ cn m _ Y m > ~ ' ~ ~ `, ~ m N a a y L or O N a6 cO m O._ to d aS ~ ~ Q u i n Q Q m ~ -01, m ~ o ~ I- f- fn O W H F ~- O O O D ° ° a a ¢ ¢ ~ o ~ o N N N N N V m M N Q In c~ m ` O O O O O ~ J ~ ° ~ ~ c U O ~ U IXf ~ ~/1 ~ jn GC v K ~ U ~ ft U d N N N N N N ON N N ~ ~ ~ ~ ~ O O O CJ O ~p O N O O N N O O 20 U C O ~ N ~ S 11 o ~ c ~ N Y ° a ~ ° c o o ` m a m N _ ~ D ~ w Q ~ ~ a J w p ~T Y ~ ~ m 6 Q Q m i- J J a v a s > ~ e ° ° ¢ a ¢ c o 0 N N N N n _ O in v 0 0 0 U O U K ~ U o ~ o ~ U c c c O O O ~ ~ ~ ~ N O O O O O N 6 N O N H O H a b 4 aC O h 4 Q I C N O N v C Q 0 !h ~i (7 4 H (.} "+i `i ~ EV °~ f~t 4~y 'V ~V ^^v O •J d Cr ~ Nc S~ ~.` d ""1 m o. v K ~ u j N o N RI U ? m ° C o c ~ a m n 5 ~ ~ ~ ° x ~ u U _ ~ 3 c 0 v c 2 v W Q" N K ~ m d ~ C m J r ~ G ~ U ~ U ~ Q a a a > a > a > a > 0 o a p o a 5 a a a 4 Q Q Q < O O ~ 9 O N N N N N V '° V e- r N N t~ r N O f7 O h O W O M O O N U a o ~ to J J ~ ~ ~ J U U N ~ o a ~ UU o U U ay U ( 9 U c C c c C d N N N d ~ ~ ~ ~ ~ ~ ~ O N V h A h f~ UJ O O O O 4 N N N N N W O N 4 Q O 21 Suggested tay: Administration CITY OF KEN~,I RESOLUTION NO. 2408-23 A RESOLUTION OF THE COUNCIL OF THE CITY OF IiENAT, ALASKA, AUTHORIZING SHARING COST SAVINGS FROM THE CALENDAR YEAR 2007 HEALTH INSURANCE PLAN WITH EMPLOYEES. WHEREAS, in January 2007 the City implemented a new health insurance plan that included a $1,000 deductible; and, WHEREAS, the projected cost for this plan was $97,000 less than the premium for the $200 deductible plan then in place and $177,000 less than renewing the $200 deductible plan; and, WHEREAS, the City self insured the $800 per person difference in the deductible; and, WHEREAS, the maximum exposure for this self insurance was calculated to be $176,800; and, WHEREAS, the actual cost of the self insurance was $86,000, which is $90,800 less than the maximum exposure; and, WHEREAS, as a motivation for the employees to reduce the City's self insured health care costs, when the plan was implemented the administration told the employees that it ~:~ould seek to share Calendar Year 2007 cost savings with " ahem; anu, WHEREAS, the administration recommends that half the savings be shared with employees; and, WHEREAS, sufficient funds are appropriated in the various departmental health insurance accounts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that in recognition of the fact that there was a savings of about $1,000 per employee in the Calendar Year 2007 health insurance plan due to under utilization of the self insurance cost calculated in the plan, the City Manager is authorized to pay $500 to each current employee that was covered by health insurance in 2007. 22 Resolution 2008-23 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:_ (04/22J2008j ht 23 MEMOTLAIlTBUM To: Kenai City Council. Through: Rick Koch, City Manager From: Larry Semmens, Finance Director 7 Date: April 21, 2008 Subject: Savings from the. Health Reimbursement Arrangement ~~A) The City purchased a $1,000 per person deductible health insurance plan from Premera in January 2007 and self insured the amount of the deductible in excess of the $200 per person deductible that was in place for many years. The new plan was $97,000 less expensive than the $200 deductible plan even after considering the maximum exposure for self insurance, which was $176,800. If we would have renewed that $200 deductible plan the premium would have been $177,000 more than the premium for the $1,000 deductible plan, So the City saved a substantial amount of money in Lower premimns. The total savings could not be determined until after March 31, 2008. The actual cost of the self-insurance was just under $86,000, so there is an additional savings of about $91,000. When this plan was implemented employees were told that the administration would seek Cotulcil approval to shaz•e with employees a portion of airy savings from not spending the nsaximum self-insurance exposure. Since the savings is about $1,000 per employee I recommend that each current employee that was covered by insurance in 2007 receive a $500 bonus. Employees that have left the City, or who were hired after January 1, 2008 are not eligible. I am in favor of offering the employees the option of either cash or a contribution to their 457 account. Employees could make this choice even if we only offered a cash option, unless they are already znaxed out on 457 contributions; but I hope making this offer encourages more employees to establish a 457 account. The bonus payment is not compensation subject to PERS but it is subject to federal medicare tax of i.45%. 24 Suggested by: Administration CITY OF KENAI RESOLIITTON NO. 2008-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $13,200 IN THE GENERAL FUND TO PAY TAXES DUE ON MOMMSEN SUBDIVISION PROPERTY DESCRT$ED AS LOTS 1 - 5, BLOCK I0, MOMMSENS SUBDIVISION REPEAT OF ADDN. 1 & 2 (PARCELS 039-103-01 THROUGH 039-103-053). WHEREAS, the City of Kenai acquired certain Mommsen Subdivision property through foreclosure; and, WHEREAS, land described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 through 039-103-OS) have been offered to a third party; anal, WHEREAS, taxes on the property must be paid prior to the transfer of ownership; and, WHEREAS, the City expects to be repaid for the taxes; and, WHEREAS, funds are available in the General Fund Contingency account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Non-Department -Contingency To: Land -Miscellaneous $13,200 $13,200 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May, 2408. PAT PORTER, MAYOR ATTEST: Carol L, Freas, City Clerk~,~` Approved by Finance: /-kK~ _ (04/23J2008) hl 25 1l~IF.MORANDtJ1V1 To: City Council Through: Rick Koch, City Manager Prom: Date: Subject: Larry Semmens, Finance Director April 10, 2008 Resolution 2008-24 paying taxes on foreclosed property Ordinance 2300-2008 -transfers foreclosed Moinmsen Subdivision property to die Amundsen Foundation: The property has taxes and assessments due. The taxes need to be paid prior to the transfer of ownership. The agreement with the Amundsen Foundation is that they will pay the taxes and assessments due at the time they sell the improved property. Since the taxes haue to be paid prior to that date, the City will have to pay them and wait far reimbursement. This is a goad deal for the City because this property has not sold at foreclosure sales, but the improved property probably will sell. This will put the propel•ty back on tax roll at a much higher value. The worst case in this is if the Amundsen Foundation does not build or sell. the houses that they have planned and. the City gets die property back. We 6vo„ld again t, y to sell the property at fG,rreclosure Sales. If the properLrv did sell, the City would be able to keep all ofthe proceeds since the taxes would have already been paid. 26 Suggested by: Administration CITY OF KENAI RESOLUTION N0.2008-25 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING RESOLUTION NO. 2008-10 WHICH AWARDED A SOLE SOURCE CONTRACT TO PROCOMM ALASKA LLC TO EQUIP THE KENAI FIRE DEPP.RTMENT WITH HAND HELD RADIOS AND AWARD A SOLE SOURCE CONTRACT fi0 MOTOROLA INC. IN THE AMOUNT NOT TO EXCEED $54,000 TO PURCHASE HAND HELD RADIO EQUIPMENT. WHEREAS, The FEMA Department of Homeland Security awarded the City of Kenai a grant to purchase radio equipment; and, WHEREAS, on March 5th, 2008, Council gassed Resolution No. 2008-10 awardu7g a sole source contract in the amount not to exceed X54,400 to ProComrn Alaska LLC for the purchase of radio communications equipment for the Fire Department and, WHEREAS, at time of contract issuance, Administration noted the contract language indicated funds were to be paid directly to Motorola, Inc., instead of ProComm Alaska LLC; and, WHEREAS, while ProComm Alaska LLC is Motorola's authorized manufacturer sales representative for Alaska and would be the distributor of the radios on behalf of Motorola, it. is not an entity that can receive the pre-negotiated discount rates of the WevtG'rn Ctate5 vnnt'rs,~Cting AlL+anca ~7,i,jC'A~ lYln trar~4• antis WHEREAS, it is in the interest of the City of Kenai for all equipment in its expanded public safety communication system to be purchased, programmed, and maintained by a vendor who is certified by the manufacturer to work with and on this equipment, who is authorized by the ALMR system Manager to maintain equipment interconnected to the statewide ALMR infrastructure, who has local technicians and customer support facilities to provide immediate response for maintenance requirements, and who has extensive experience with the other components of the City's communication system; and, WHEREAS, equipment in this award meets future ALMR needs due to cooperative planning by the City of Kenai, the Borough, Soldotna, Homer and Seward; and, WHEREAS, the Council of the Gity of Kenai has determined that this award is in the best_interests of the City and the Kenai Fire Department and that the equipment provides interoperable communications for emergency responders. 27 Resolution No. 2008-25 Page 2 of 2 NOW, THEREFORE, BE TT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: 1. Actions approved through Resolution No. 2008-10 be repeated; and, 2. A sole souroa contract be issued to Motorola Inc, in the amount not to exceed X54,000.00 to equip the Kenai Fire Department with P-25 compatible, ALMR capable hand held radios and reprogramming, by way of their Agent and Manufacturer's Representative on the Kenai Peninsula, ProComrn Alaska LLC. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of May 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk~;I, R~ Approved by Finance: (04/23/2008) hl 28 AGENDA KENAI CITY COUNCIL -REGULAR MEETING APRIL I6, 2008 7:00 P.M. ICENAY CITY COUNCIL CYiAMBERS littp: / /www.ci.kenai.ak.us WORK SESSION -- Alaska Permanent Capital Management/Airport Permanent Pend Investment Options lsegins at 6:00 p.m. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda "Alt items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved. by one motion. fihere 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. Jennifer Beckmann, Execaative Darector, Central Area Rural Transit System, Inc. (CARTS) -- P_ppropriation Request. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.} Ordinance No. 2298-200$ -- Increasing Estimated Revenues and Appropriations by $260,000 in the General Fund to Purchase Airport Land in the Area of the Public Safety Building. Ordinance No. 2299-2008 -- Amending KMC 14.20.200(a)(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer than Sixteen (16} Feet unless the Building Official Grants a Waiver for Good Causo, to Define One (1} Story Height, and to Increase the Distance From the Adjoining Lot. 29 a. Substitute Ordinauee No. 2299-2008 -- Amending KMC 14.20.200(a}(2) to Increase the Size of Accessory Structures AIlowed in Setback Areas From One Hundred and Twenty (120} Square Feet to Two Hundred (200} Square Feet With No Side or End of the Accessory Structure Longer Than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Increase the Distance From the Adjoining Lot, and to Change the Building Permit Requirement for Residential Accessory Structures From Over One Hundred Twenty (120) Square Feet to Over Two Hundred (200) Square Feet. ITEM P: MINUTES "'Regular Meeting of April 2, 2008. ITEM G: ITEM H: NEBd BUSINESS 1. Bills to be Ratified Approval of Purchase Orders Exceeding X15,060 *Ordinance No. 2300-2008 -- Donating Certain Foreclosed City-Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 8v 2 {Parcels 039-103-01 Through 039-103-OS}, to Amundsen Educational Center for Construction of Housing. *Ordinance No. 2301-2008 -- Amending KMC 23,50.010(b} by Adding True Class Titles to the Employee Classification S5F~~Ian1, a_nd P.n:ending KMC 23..'7J.V3V~L1}(1} tU Allo V1% t$e PU11Ce 1~.111C1 tV be ElAg-1 Ule fVr AdV anl:Gd Certification Pay. 5. *Ordixaanee No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 6. Approval -- Amendment to Lease -- Lots 13 and 14, Block 1, Cook Inlet Industrial Air ParkJDavid Schilling and Michael Schilling d/bf a Schilling Rentals. 7. Approval -- Consent to Sublease/Portion of Lot 1, Block 1, Gusty Subdivision -- From Sun Sims tc Dwight Davis. 8. Discussion -- Scheduling of City Attorney, City Clerk and City Manager Evaluations. STEM I: COMMISSION/COMMITTEE REPORTS 1. Council an Aging 2. Airport Commission 30 3. Harbor Commission 4. Library Commission 5. Parks 8v Recreation Commission 6. 'Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT O&' THE MAYOR ITE&I IZ: AD ISTRATION REPORTS City Manager Attorney City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. .Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as nofed.) Ordinance No. 228?-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-T~°pe Structures During Construction Projects and Incorporating the Existing Requireiiicrat tl"iat ACCessary Su act ores Jver 120-Square Fe.,t Require a ~uildir~g Permit. /Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March Z 9, 2008 and the ordinance was then postponed. At the 4/2/08 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The matron to adopt is active.) -- None Scheduled ITEM N: ADJOURNMENT 31 KENAI CITY COUNCIL -REGULAR MEETING APRII. 16, 200$ 7:00 P.M. KENAI CITY COUNCIL CFIAMBER5 http: / Lwww.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Portercalled 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 Mayor Porter led those assembled in the Pledge of AIIegiance. A-2. ROLL GALL A quorum was present. Absent: Brittany Harding, Student Representative A-3. AGENDA APPROVAL MOTION: Council Member Swamer MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. 30 ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCIiEDULED PUBLYC COMMENTS (10 minutes) 32 The City Clerk took roll, Present were: KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 2 OF 10 B-Y. 3ennifer Beckmann, Executive Director, Central Area Rural Transit System, Inc. (CARTS) -- Appropriation Request. Beckmann introduced her Board President, Andrew Seagraves and requested a $5,000 donation to CARTS be included in the next year's city budget (information included in the packet). Beckmann gave an overview of the transportation program in place, planned use of the funds, and noted her organization would like to begin discussions with the city to include use of the Senior Center van for transporting to outlying areas. ITEM C: UNSCBEDULED PUBLYC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND GOUNCYLS None. YTEM E: PUBLYC BEARINGS (Testimony lirnited to 3 minutes per speaker.) E-I. Ordinance No. 2298-2008 -- Increasing Estimated Revenues and Appropriations by $260,000 in the General Fund to Purchase Airport Land in the Area of the Public Safety Building. MOTION: Council Member Mollay MOVED to enact Ordinance Nn. 2298-2008 and Council 1<%ember Eldridge SE`cONDED the metior_. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. It was noted, the impetus of the purchase was to clean up the long-standing issue of whether or not the General Fund should pay rent on airport property; research of old records gave no indication the purchase was ever made; in the past, it was felt no rent should be paid to the airport because the airport did not have to pay for fire, police services; the plan would be to remove the lot lines to eliminate the lot line problems; and, administration supported the purchase. VOTE: *Student Representative Harding: Absent 33 MOT%ON PASSED UNANYMOUSLY. KENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 3 OF 10 E-2. Ordinance No. 2299-2048 -- Amending KMC 1.4.20.200(a}(2) to Increase the Size of Accessory Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Define One (1) Stnry Height, and to Incroase the Distance From the Adjoining Lot. E-2a. Substitute Ordinance No. 2299-2Q08 -- Amending KMC 14.20.200(aj(2) to Increase the Size of Accessary Structures Allowed in Setback Areas From One Hundred and Twenty (120) Square Feet to Two Hundred (200) Square Feet With No Side or End of the Accessory Structure Longer Than Sixteen (16) Feet Unless the Building Official Grants a Waiver for Good Cause, to Increase the Distance FYOm t11e Adjoining Lot, and to Change the Building Permit Requirement for Residential Accessary Structures From Over One Hundred Twenty (120) Square Feet to Over Two Hundred {200) Square Feet. MOTION: Council Member Boyle MOVED to adopt the substitute Ordinance No. 2299-2008 and Council Member Molloy SECONDED the motion. The flocs was opened for public hearing. There being no one wishing to be heard, the v.i:., t 1_,.,...a l'~.,.......: ~... i,..a,~.3. pUiJlll.lleanng WCLj I;iVDOLL. VVUUI.iI eQlriiiierua iueiuu~u. • Purpose of the substitute was to allow for a larger shed than allowed by the original ordinances and lessen the amount of variances requested. • The height issue would be eliminated and should be a covenant issue. • Concern with allowed height of 16 feet and not requiring a building permit of 120 square feat or above. • Concern with the 16' height without a variance as a structure of that height could block out a lot of real estate. • Agreement with administration, anything over 120 square feet should require a building permit. • Fire Department prefers requirement of a building permit as unconventional placement of electrical or gas connections is dangerous. • The current building code requires a building permit if utilities are to be provided to the building, the substitute ordinance would trump the building code and remove the requirement while creating a conflict between the building code and the ordinance. • Neighbors should have input and would have it through variance requests. 34 IiENAI CITY CC7UNCIL MEETING APRIL 16, 2008 PAGE 4 CF 10 ® Suggestion the ordinance be sent back to the Planning & Zoning Commission to come into compliance with the building code. VOTE: *Student Representative Harding: Absent Porter ' No Swarner i No Smallev Yes Eldrid e No Ross ' No Ivlollo ,Yes Boyle Yes MOTEON FAILED. ITEM F: MINUTES F-I. Regular Meeting of Apxil 2, 2008 -- Approved by consent agenda.0 ITEM Cx: UlitFYNISHED BUSINESS -- None. ITEM H: NEW SUSINESS H-l. Bills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills. Cauncii Ivlember Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Oxdexs Exoeeding $16,000 MOTYON: Council Member Swarner MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. 35 KENAI CITY. COUNCIL MEETING APRIL 16, 2008 PAGE 5 OF 10 H-3. drdinance Na. 2300-2008 -- Donating Certain Foreclosed City-Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-05), to Amundsen Educational Center for Construction of Housing. Introduced by approval of consent agenda H-4, drdinanee No. 2361-2008 -- Amending KMC 23.50.010(bj by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.030(b)(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay. Introduced by approval of consent agenda. H-5. Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. Introduced by approval of consent agenda. H-6. Approval -- Amendment to Lease -- Lots 13 and 14, Block 1, Cook Inlet Industrial Air Park/David Schilling and Michael Schilling d/b/a Schilling Rentals. 14~dTFdN: Council member Molloy lUddVED for approval of the Amendment to Lease, Lots 13 and I4, Blae 1, Cook Inlet Industrial Air Park/David Schilling and Michael Schilling d/b/a Schilling Rentals (identified as Item H-6 in the packet). Council Member SmaIIey SECONDED the motion. There were no council comments. VOTE: MOTPON PdlSSED UNANIMdUSLY. H-?. Approval -- Consent to Sublease/Portion of Lot 1, Block 1, Gusty Subdivision -- From Sun Ssms to Dwight Davis. 36 *Student Representative Harding: Absent KENAT CITY COUNCIL MEETING APRIL 16, 2008 PAGE 6 OF 10 MOTION: Council Member Smalley MOVED to approve the Consent to Sublease/Portion of lot 1, Block I, Gusty Subdivision, from Sun Sims to Dwight Davis. Council Member Swarner SECONDED the motion and requested IJNANIMOYTS CONSENT. There were no council comments. VOTE: There were no objections. SO ORDERED. H-8. Discussion -- Scheduling of City Attorney, City Clerk and City Manager Evaluations. Annual evaluafions of the City Clerk and City Attorney were scheduled for May 7, 2008 and the annual evaluation of the City Manager was scheduled for May 21. Due to the Kenai Central High School graduation being held on Wednesday, May 21, 2008, the council meeting date was changed to May 20 and beginning at 7:00 p.m. SREAK TAKEN: 7:44 P.M. RACK TO ORDEI?~ 7:SS P.M. ITEM I: COMMISSIONfCOMMITTEE REPORTS I-1. Council on Aging -- Council Member Eldridge reported the neat meeting was scheduled for May 8, 2008. Y-2. Airport Commission -- Councit Member Boyle reviewed actions and discussions from the April 10, 2008 Airport Commission meeting summary included in the packet. L-$. Harbor Commission -- Council Member Boyle reviewed actions and discussions from the April 7, 2008 Harbor Commission meeting summary included in the packet. I-4. Labrary Commission -- Council Member Smalley reviewed actions and discussions from the April 1, 2008 Library Commission meeting summary. I-6. Parks & Recreation Commission -- Council Member Eldridge reviewed the actions and discussions from the April 3, 2008 Parks & Recreation Commission meeting and the April 10, 2008 Special Parks 8v Recreation Commission meetings 37 KENAI CITY COliNCIL MEETING APRIL 16, 2008 PAGE 7 OF 10 (summaries were included in the packet), noting the Commission reviewed a draft ordinance related to use of motorized vehicles, etc, an the north beach. The motion to recommend council mave forward with the ordinance failed unanimously. I-6. Planaang & Zoning Commission -- Council Member Smalley reviewed the minutes of the April 9, 2008 meeting which were included in the packet. He noted, the Commission was not sure what council was wanting with regard to its remanding the conex ordinance back for additional consideration. Marilyn Kebsehull, City Planaer -- Noted the issue would be included on the next Commission agenda asking direction as to how the Commission would want to proceed. Kebschull also noted the dumpster ordinance had been postponed to aIlow for work sessions. The Commission would be reviewing a draft ordinance with suggested amendments. A joint work session with the Commission to discuss conex use was suggested. It was also suggested the storage/conex use be considered as separate issues. I-?. Miscellaneous Commissians and Committees I-7a. Beautification Committee -- Council Member Swarner reported the next meeting was scheduled for May 13, June 7 was scheduled as planting day, and Mayor Porter would be attending the May 13 meeting in Swarner's absence. I-'7b. a~aska Munieilxal Leagze Report -- No report. I-7c. Mini-Grant Steering Committee -- No report. ITEM J: REPORT OF THE MAXQR -- Mayor Porter noted the following: • She attended a meeting of the Old Town Committee who are hoping the city would be moving forward with the sidewalk repair. .The Russian Orthodox Church requested the planters in front of the church be removed. + Represented the city at a Chamber of Commerce bowling tournament. • Took the Airport Commission Chair and Vice Chair to lunch, to thank them for their continued service to the city. KEDS would be holding a report to the community on April 17. • 'Vice Mayor Swarner would be representing the city at a Kenaitze Tribe Head Start luncheon and the christening of the new Tesoro tug. • She sent letters of congratulations to students receiving Masonic Lodge awards with a certificate for a free City of Kenai t-shirt. • Questianed whether if council was interested in changing council. meeting times from 7:00 p.m. to 6:30 p.m. There was no interest voiced. 38 IENAI CITY COUNCIL MEETING APRIL 16, 2008 PAGE 8 OF 10 • Referred to City Clerk Freas' memorandum included at her report asking whether council directed a new video camera be purchased. Council stated yes, to purchase a new camera. Council Member Smalley suggested a volunteer appreciation gathering be held and a letter to all legislators thanking them for reinstating revenue sharing and funding the PERS adjustment be sent. YTEM K: ADMINYSTRATYON REPORTS K-Y. City Manager -- Acting City Manager Semmens reported the Aurora Borealis Charter School would he holding its graduation ceremony on May 16. K-2. Attorney -- City Attorney Graves reported the following: • He would be preparing an ordinance for introduction at the May 7 meeting for paying a stipend to the Planning & Zoning Commission members and to increase council/mayor stipends (as Charter required, the increase would begin after the October election). Graves asked if council would want the stipend to the Commission to begin. immediately or with the new budget year. Council requested it begin with the new budget year. • Noted the second draft of the conflict of interest code amendment was included in the packet as an information item. He would be forwarding copies to city commissions, committees and employees for comments. It was suggested the ordinance for the Commission and Council stipends be two separate ordinances and incladed in the next packet as information items. • He would be sending council his goals and objectives far the coming year K-3. 'City Clerk -- No report. ITEM L: I)ISCUSSYON I.-Y. Citizens -- None. L-2. Councii -- Swarner -- • She would be taking pledges at the KDLL radio station in the morning. • Referred to Ordinance No. 2300-2008 (introduced by consent agenda) and noted, because she would not be in attendance at the next meeting, she wanted to state her support of the donation of the property to the Amundsen Educational Center because houses would be built which would become tax-paying entifies. 39 KENAI CSTY COUNCIL MEETING APRIL 16, 2008 PAGE 9 OF 10 Smalley -- • Stated he would be supporting the donation of property, however Habitat For Humanities had also made a similar request and was still interested in a donation of property. • Thanked Jack La Shat for all. his years of service to the City and wished him well. EYdridge -- • Stated concern the same offer was not made to Habitat for Humanities related to donation of property. + Stated he was pleased to see the development activity at the Lowe's property. Ross -- • Thanked La Shot for his years of service. • Thanked Council Member Smalley far attending the Planning & Zoning Commission meeting during his absence. Molloy -- • Thanked La Shot for all his work over his many years of service to the city as it was definitely appreciated. • Thanked Council Member Boyle for attending the Airport Commission meeting during his absence. Boyle -- • Thanked La Shot for his years of service and congratulated him on his coming retirement. • Referring to recent presentations and discussions, noted he believed a covered track would be very nice. Porter -- Thanked La Shot for his years of service to the city. ITEM M: PENI3ING LEGYSLATION (This item Lists tegisiation which will be addressed at a later date as noted.) Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. (Clerk's IlTate: A motion to adopt Ordinance No. 2287-2008 was offered at the March T 9, 2008 and the ordinance was then postponed. At the 4/2/08 council meefing, the ordinance was sent back to the Planning & Zoning Commission far additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is active.) EXECUTIVE SESSION -- None Scheduled 4® KENAI CITY COUNCIL MEETING. APRIL 16, 2008 PAGE 10 OF 10 ITEM N: There being no further business before the Council, the meeting adjourned at approximately 8:30 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory notes shall be cast prior to fhe official council vote and shalt not affect the outcome of a cote. fsdvisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meetng. 41 KENAI CITY COUNCII. BUI3SxET WORK SESSYON ARIL 14, 2008 6:00 P.M. KENAI CITY COUNCIL CHAMBERS AGENI?A %TEM 1: CALL TO ORDER ITEM 2: a. City Manager • General Overview • Seasonal Enforcement Officers • Senior Citizen Budgets b. Finance Director • General Overview of P.ll Fs.xnds ITEM 3: ITEM 4: 42 KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 14, 200$ 6:00 P.M. KENAI CITY COUNCIL C ERS MAYOR PAT PORTER, PRESIDING NOTES ITEM I: CALL TO ORDER The work session was called to order at approximately 6:00 p.m. Those present were: Council Members: H. Smalley, B. Eldridge, R. Molloy, P. Porter, R. Ross, L. Swarner and M. Boyle Staff Present: C. Frees, C. Graves, R. Koch, R. Craig, M. Bondurant, B. Prates, K. Romain, L. Semmens, M. Joiner, C. Kopp, L. Barrett, M. Tilly, J. La Shot ITEM 2: BUDGET OVERVIEW 2-a. City Manager -- City Manager Koch reviewed the budget Letter included in the draft budget, with comments including: • The budget included an increase of about four percent (4%) over last year's budget. Major items included were wages, PERS, fizei, and health insurance COStS. • Revenue was up about five percent (5%). • TI-,e budget included a five percent (5:'0} COLA increase, representing .m.'TfN,VVG. • The budget also included additional seasonable enforcement officers which would come on line in June with the current year budget covering the cost between June and July. • A lot of time was spent on the Senior Citizen budgets to determine the actual cost per unit of service. Because that determination was able to be made with the current way the budgets were built, the budgets were rebuilt with costs and revenues tied to the specific areas from where the costs begin, however the cumulative numbers in the end are the same. • Discussed age of dependents covered with regard to the present health care program, noting it had been 25 and the current carrier suggested it should be 23. Council consensus was to set the age of dependents covered as 23. • Preventative dental care had been paid 100% and the new carrier coverage was at 80%. Administration recommended $150 for each employee be put into an account to cover those costs. Council stated no objections. 2-b. Finance Directar 43 KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 14, 2008 FAGE 2 General Overview of All Fttrcds -- General Overview -- Finance Director Semxnens provided an overview of the draft budget, providing handouts, and indicafing changes from the FY 2008 budget, etc. and reviewed the transmittal letter included in the budget document. ITEM 3: COUNCIL BUDGET REVIEW Council reviewed the following budgets, with changes noted: City Clerk -- Findines: No changes Visitors Center -- A brief discussion followed related to amending the contract, including days the facility would be closed to allow for the repair of the heating, etc. It was also suggested atwo-year ret~ie~~ of leased city facilities be made by the city manager to identify need of repairs, general care of the facility, etc. Findings: No changes were made to the budget. Legislative -- It was suggested a request for proposals ba prepared for the FY10 audit costs. Direction was requested as to what council wanted to do related to broadcasting of council meetings (Four =streaming only, One =streaming, no archiving on webpage, Two = streamingjarchiving on webpage). Purchase of a new camera to allow participation of government class in video-taping council meetings was suggested. Findines: Consensus of council was to increase the council pay to $500 and mayor to $1,000 a month, as well as establish pay to Planning & Zoning Commission members at,$100/month. Include $10,000 for streaming council meetings and video camera costs in information for April 21 budget work session as well as compile costs for audio archiving component software, check with Borough Clerk related to counting users of archived streamed audio on their webpage, etc. Legal -- Findin¢s: No changes City Manager -- Findings: No cha~ages. Finance -- Suggestion funds for college classes be in every budget at the same place, i.e. Miscellaneous. Findings: No changes. 4q- KENAI CITY COUNCIL BUDGET WORKBESSI0N APRIL 14, 2008 PAGE 3 Lands -- Findings: No changes. Non-Departmental -- Findings: No changes. Planning & Zoning -- Findings: No changes. Safety -- ~indin~s: No c?ia.^=ges. Police -- Remove "Code Enforcement Officer" from the department narrative at page 54. Present "fields request" at next work session. Findings: No changes. Fire -- Findings: No changes. Ccm:nunic tuns -- Findings: No changes. Animal Control -- Findings: No changes. Public Works Admsnistration -- Findings: No changes. Shop -- Findings: No changes. Street Department -- Findings: No changes. 45 KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 14, 2008 PAGE 4 Buildings -- Remove Senior Center stove from the least but leave the $150,000 the same. Findines: No changes. BREAK TAKEN: 8:13 P.M. BACK TO ORDER: 8:19 P.M. Street Laghting -- Findings: No changes. Library -- Suggestion to re~~iew the employee positions havinglonger hours and needing. to pay PERS. Findines: No changes. Recreation -- Discussed maintenance issues at the Recreation Center. City Manager Koch is to review the contract related to Sunday closures and discuss the issue with Boys 8, Girls Club representatives. Findines: No changes. Parks -- Include information related to boating facility responsibilities in Parks narrative. Findings: No changes to budget. Consensus of council was to increase the dip net parking fee to $15.00, Beautiiication -- Suggestion was made to purchase a live tree and plant it by the town clock instead of a X5,500 purchase of a winter tree decoration for the park. Bring live tree costs to April 21 work session for consideration. Leave the $5,500 I the proposed budget. Findines: No changes. Boating b'acility -- It was noted, the culvert would be replaced. Findings: No changes. Remaining budgets would bo reviewed at April 21, 2008 budget work session. Other items to be brought forward from this work session would be: • Initiating an SBS fiznd + Audio streaming of council meetings 46 KENAI CITY' COUNCIL BUDGET WORK SESSION APRIL 3.4, 2608 PAGE ~ Comments: Council Member Eldridge stated concern with a five percent (5%) COLA increase, noting PERS and budget increases that would be required as well. Gonsensus of council was to include a five percent (S%) COLA increase in the FY09 budget. ITEM 4: ADJOURNMENT The budget work session ended at approximately 9:02 p.m. Notes. prepared and submitted by: Garol L. Freas, City Glerk 47 Q Z ~i o. d Z Q 4 U u. J U Z O U W 6 tL y ~ ~ ~ ~ ~ V ~? ° ~ ~ ~ o a Q o ~ 0 0 o ~+ o r us ~ ~ z h o w ~ ~ '~ z y ~ z a °v ~ C u.I n a M CO ~ O (~pp tfJ r t^I M ~cc!{{3 O V' N N ~ ~N LtJ N r ~ N N M O {) ~ O O Q ~ O `~ h' ~ } f ~ W T J J J F- J ..J ~ _ ~ 1tl Q O O O O O ,?O~ C ~ o ~ K } Ci > fY > tK > ~` ~ N d' F C7 ~ ~ ~ a a ¢ ~ p a ~ O a J sr _! v J us ~ ~ v ~ ~ c~ °d °~ °d ~ ui a ~ a r r cg a ° ¢ w ~ a u ~ v v ~ ~ ~ w U ~ ? "T z ~ a 48 Fy o o O ~ ~ °' W u i Q r M N Z ~ _ p ~ z O of w3' u a a ~ ~ a ¢ ~ z ~ F U ~ J C n0, m (- tp O vi ~ I z o ~ z c a ~ U o ~ o ~ w i rt E W O ~ O x ° w ~ ~ > = 0 4 w U ® ® d U' CC ~ t~ ® o ~ O O ~ ~ y a ~ a o ~Z 5 a° :~ q w ~ y ® ~ ~ ~ o ~ c ~ ~ ~ ~ O W v w z ~ z ~ is =° ~ ~ ~ __.; U Z ~ w ~ Z ~ ~ 2 Y K d U > O ..1 F 0 d Suggested by: Administration CL'L'Y OF KEPIAI OItL3INANCE I30. 2303-200$ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 21.05:085 ESTABLISHING A FUEL FLOWAGE FEE OF THREE CENTS ($0.03} PER GALLON' OF FUEL DELIVERED AT THE KENAI MUNICIPAL AIRPORT. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, the Kenai Municipal Airport has been operating with a large deficit consisting of: -$871,968 in Fiscal Year 2004; -$727,730 in Fiscal Year 2005; - $685,702 in Fiscal Year 2006; anal -$623,237 in Fiscal Year 2007; and, WHEREAS, Federal Aviation Administration policies and grant assurances require the Kenai Municipal Airport be self-sustaining financially through its rate and fee structure; and, WHEREAS, such large operating losses cannot be sustained indefinitely by the airport budget reserves; and, WHEREAS, fuel flowage fees are a nationally accepted standard method of raising revenue for the operation and maintenance of airports; and, ~?rHEREAS, the revemae raised from the fuel fle<.vage fee u,i~i only be used for the operation, maintenance and improvement of the Kenai Municipal Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 21.05.085 is enacted as follows: 21.05.085 Airport Fuel FLowaee Fee (aJ Anv person firm or cornoration who delivers aviation gasoline motor vehicle (b} of Kenai Finance Department a statement showing the type of fuel, and the the amount due The Citv of Kenai shall prepare statement forms for reporting and payment of fuel flowage fees. 50 Ordinance No. 2303-2008 Page 2 of 2 (c) Anv person firm or comoration delivering fuel to the Kenai Municipal Airport shall furnish within ten (101 days of request by the Kenai Airport Manager all delivery tickets purchase invoices or other records necessary to conduct any fd) PASSED BY. THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2008. PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 7, 2008 Adopted: May 20, 2D08 Effective: July 1, 2008 51 Suggested by: Planning 8v Zoning Commission GIT'Y C3F %ENAI 0R33INANCE NO. 2304-200.8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN.~.I, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING APPROXIMATELY SLY. (6] ACRES FROM SUBURBAN RESIDENTIAL, CONSERVATION, AND RURAL RESIDENTIAL TO RURAL RESIDENTIAL. WHEREAS, the owner of this property initiated a request to rezone the property; and, WHEREAS, the property is currently zoned Suburban. Residential, Conservation and Rural Residential; and, WHEREAS, the Zoning Code, identifies the Suburban Residential zone as, "intended to provide for medium density residential development in areas which will be provided with common utility systems;' and, WHEREAS, the Zoning Code, identifies the Conservation zone as, "intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves." "It is intended that this zone shall apply mainly to publicly owned land"; and, WHEREAS, the Zoning Code, identifies the Rural Residential zone as, "intended to provide far low density residential development in outlying and rural areas in a form which. creates a stable and attractive residential environment"; and, WHERE.A S, the request is to rezone ±he parcel to Rural Residential; and, WHEREAS, the 2003 City of Kenai Comprehensive Plan identifies the parcel as Conservation and the Plan defines the district as, "The Conservation district applies to public lands whose primary use is open space, recreation, fish and wildlife habitat, drainage ways, floodplain, and wetlands Some pubfic improvements may be appropriate within appropriate design guidelines." The Plan defines Rural Residential as, "The Rural Residential district includes areas that, due to location or site conditions, are best suited for large-lot single-family residential development. Homes in this district typicaIIy rely on individual on-site water supply and wastewater disposal systems'; and, WHEREAS, the request is to rezone the parcel to Rural Residential appears to meet the intent of the zoning ordinance and the Comprehensive Plan; and, WHEREAS, the rezone will eliminate asplit-zone situafion; and, WHEREAS, the Planning and Zoning Commission held a pubfic hearing on April 23, 2008 and voted unanimously to recommend the property be rezoned; and, 52 Ordinance No. 2304-2008 Page 2 of 2 WHEREAS, the area to be rezoned is shown on Attachment A; and, WHEREAS, it is in the best interest of the City of Kenai to rezone the area shown on Attachment A to the Rural Residential zone (RR). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official Kenai Zoning il~Iap is amended as shown. on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of Map, 2008. FAT PORTER, MAYOR ATTEST: Carol L. Frees, City Clerk Introduced: May 7,2008 Adopted: May 20, 2008 Effective: June 20, 2008 53 54 .Attachment "A"' PC®paSG'~U Pl~ZQ~e Ordinance ~vo. 2304-2008 %` ..'~~ CITY OF KENAT .~' PLe1NNTNG ANI) ZONING COMNIISSIOId' F.-y.= RESOLUTION NO. PZ08-19 ~, Checifyaf REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OP THE I2EQCTESTED REZONING SUBMITTED BY NAME: Ricic Koch ADDRESS: 1314 4a' Avenue Kenai. Alaska 9961 I LEGAL: Tract C Central View Subdivision PARCEL #: 04401063 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Suburban Residential/Conserti~ation/Rural 2. The present land use plan designation is Conservation 3, The proposed zoning district is Rural Residential 4. An appropriate public }aearin.g as required. was conducted Apri123 2008 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zaning Commission of the City of Kenai that the petitioned REZONING of Tract C, Central View Subdivision is hereby recommended to the Kenai City Council, PASSER )3Y THE PLANNING ANI3 ZONING COMMISSION OF TITE CITY OF KENAI, ALASKA, APRIL 23, 2608. CIIAIRYERSO ~ ~~ ~~?, r ~, ~ ,, ATTEST J `F~.,int~v.%~..~~ 55 Suggested by: Administration CITY OF KE%AI ORAI%A%CE %O. 2345-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $35,000 IN THE AIRPORT SPECIAL REVENUE FUND AND THE AIRPORT STORAGE BUILDING CAPITAL PROJECT FUND FOR BID AND CONSTRUCTION PHASE ENGINEERING. WHEREAS, the Federal Aviation Administration has indicated their intent to provide a grant for a urea storage building at the Airport; and, WHEREAS, initial design work is done; and, WHEREAS, the project must be bid prior to the Federal Aviation Administration making the grant offer; and, WHEREAS, the engineering budget needs to be increased for the bidding and construction phases of the project; and, WHEREAS, funds are available in the fund balance of the Airport Special Revenue fund; and, WHEREAS, these expenditures are grant eligible and will be reimbursed if the Federal Aviation Administration offers a grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA. tYzat estimated revenues and appropriations be increased as follows: Airport Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $35,400 Increase Appropriations: Transfers to Capital Project Fund $35,000 Airport Storaee Buildings Capital Protect Fund Increase Estimated Revenues: Transfers from Special Revenue Fund $35,000 Increase Appropriations: Engineering $35,000 56 Ordinance No. 2305-2008 Page 2 ot" 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Financea~~~; (04/28/2007) hl May 7, 2008 May 21, 2008 May 21, 2008 57 Suggested by: Administration CITY OF I{ENAI ORDINANCE NO. 2306.2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASI{A, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $70,000 IN THE DOCK IMPROVEMENT CAPITAL PROJECT' FUND FOR CULVERT REPLACEMENT AND PAVING. WHEREAS, the City of Kenai received a $70,000 grant from tkze State of Alaska; and, WHEREAS, the administration recommends the funds be used to replace the Dock Road cutvert and to use remaining funds for paving in the dock area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIME CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Dock Improvement Capital Project Fund Increase Estimated Revenues: State Grant $70,000 Increase Appropriations: Construction X70,000 PASSED BY THE COUNCIL OF THE CITY OI' KENAI, ALASKA, this 21st day of May, 2008. PAT PORTEI_'v, MAYOR AT"1 EST: Carol L. F7-eas, City Clerk Introduced: Adopted: Effective: Approved by Finance: (04; 28/2007) h1 May 7, 2008 May 21, 2008 May 21, 2008 58 Suggested by: Administration CITY OF KENAI ORDINANCE N0. 230'7-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $71,731 IN THE GENERAL FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $71,731 IN THE VISITORS CENTER HEATING SYSTEM CAPITAL PROJECT FUND TO REPLACE THE VISITORS CENTER HEATING SYSTEM. WHEREAS, the heating system at the Visitors Center needs to be replaced; and, WHEREAS, the City of Kenai is part of a class action lawsuit that is expected to generate funds to pay for a large part of the cost of replacing the heating system; and, WHEREAS, the City of Kenai received approximately $71,731 thus far as partial settlement; and, WHEREAS, Ordinance No. 2270-2007 appropriated this money to the General Fund Buildings Department Repair and Maintenance account; and, WHEREAS, the project will not be completed this fiscal year, therefore a capital project fund should be created to account for the project; and, WHEREAS, fixnds are available for transfer in the General Fund Building Department Repair and Maintenance account. ,n~ ~ ~~zre~o~c~ ~ ~'.T nor, I ,-, r ctnrCrr tTy t± KE.1~ i P,~,?., .~.~..u. OR,,, B,. ,~.~~.A I~.rD BY HE CO OF THE C. U. A , ALASKA that: Section 1: A budget transfer be made in the General Fund as follows: From: Building Department: repairs and maintenance $71,731 To: Transfers to Capital Project Fund $71,731 rJ9 Ordinance No. 2307-2008 Page 2 of 2 Section 2: Estimated re~renues and appropriations be increased as follows: Visitors Center Heafine 8vstem Capital Proieet Fund Increase Estimated Revenues: Transfers from General Fund $71,731 Increase Appropriations: Construction $71,731 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21s~ day of May, 2008. PAT PORTER, MAYOR A'T`TEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance:_, _ (04/28/2007) hI May 7, 2008 May 21, 2008 May 21, 2008 6~ "Villa~e with a Past, Gc'ty witti a Fr~tr~re" „~ ~~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~t!!LM Telephone: 907-283-75351 FAX: 907-283-3014 1 ,,. - 1992 tl~e csly o~ ..::....~. KENAN~ SKA ~~~Q~ 70: City Council FROM: Rick Koch ®ATE: May 1, 2007 SUBJECT: Kenai Visitor Center Mechanical Upgrades The purpose of this correspondence is to provide support information for a purchase order in the amount of $ 36,590 far professional design services for the above referenced project. "fo date the City has received approximately $'71,000 from the claims administrator from the class action settlement for the failure of Entran II in slab tubing. We have submitted additional information to the claims administrator with the purpose of elevating our claim to a different class within the settlement. Ifv/e are success;;,a in elevating ~~n' claim to a different class (based on catastrophic or serious failure of the tubing) we may receive as much as $ 400,000 total, including the $ 71,000 we have already received. I-have spoken with and conducted a site visit with RSA Engineering, Inc to discuss the scope of the project, and to request a praposaI to accomplish the design phase services. That proposal is attached. The preliminary scope inoludes the following: 1. Abandonment of the existing in-floor heating system. 2. Installation of additional re-heat coils in the primary ventilation ducts to provide heating to flee display areas of the building (during cold weather this is being accomplished presently, to a lesser degree). 3. Installation of hydro~uc fintube/radiant panels in the offices, conference room and restrooms. 4. Installation of overhead hydronic unit heaters in the kitchen and storage rooms. 61 5. Replacement of the in slab heated sidewalk system. 6. Replacement of pnemnatic control system with electronic control system. ~. Replacement of boilers. $. Replacement of all btulding carpet. 9. Repaint all interior building spaces. Administration will coordinate scheduling with the Kenai Convention & Visitors Bureau, and include them in the plan review process. Thank you for your attention. in this matter, if you have any questions please contact me at yom- convenience. 62 • °' Desi an in Alaslza or Over.20 Years v =... i:.t9~1t4eePlt9~r iI9C. Mechar~ical&ElectricalEngineers April 24, 2008 The City of Kenai 210 Fidatgo Avenue Kenai, AK 99611-7794 ATTENTION: Rick R. Koch City Manager Dear Rick, REFERENCE: Kenai Visitor Center Mechanical Upgrades RSA Engineering is pleased to offer a fee proposal for architectural, civil, mechanical, and electrical engineering services for the referenced project. Our understanding of the scope of work required far this project is based upon the fallowing assumptions: Architectural • Autocad floor plan drawing for existing building. • Architectural work in support of the heating upgrades. • Building wide painting. • Building wide carpet replacement. Civic: • Sidewalk, franc entry stairs and Handicap access ramp, demolition and. renovation as required for repiaaementaf siiowmeit tubing and fa add additional snowmelt for approx 75 feet of additional snowmelt not currantiy equipped with snowmelt. Mechanical: • Five (5) reheat colts will be installed in the primary ventilation ducts to provide heating for the building. • Perimeter heating (fintube/radiant panels) will be added in the office, conference rooms and restrooms only. • Hydrania unit heaters will be added in the kitchen and storage rooms. • The existing infloor heating will be abandoned in pace. Existing tubing will be cut and capped at the existing floor penetration locations. • Front entry snowmelt system wi0 be replaced. Provide new snowmelt for approx 75' of sidewalk. Sidewalklstairway and ramp wilt be demolished and restored as necessary to accommodate new tubing installation. IHORAGE wASILLA 2522 ArcGC Boulevard, SuEe 200 Anchorage, AK 99503-2575 ' p907.276.0521 f 902276.1751 19': E. Swanson Avenue, Suite 701 Wasilla, AK 995'x4 p907.357. i52i i9QZ357.1751 wmrw,rse-ak.com 63 April 24, 2008 Page 2 • Pneumatic control system will be replaced with an electronic control system building wide. • Replace boilers, modify and upgrade piping as necessary. Electrical: Electrical design services will include providing power for the new mechanical equipment. general: • A 65% and 95% submittal will iae provided for review and comment by the City of Kenai. Following 95% review construction documents will be provided to the City of Kenai. • A 65% cost estimate will be provided by Estimations to allow the project scope to be adjusted as necessary to meet the project budget • We will provide you with one full sized and one half sized set of drawings. Exclusions: • Hazardous material abatement design (Asbestos, lead, etc.} has not been included in our fee at this time. • Civil engineer site visits, geetechnical investigation or surveying have not been included in this fee. We have assumed that the existing substrate is in fair condition and the existing fill material below the slabs is adequate to support new concrete work. The Civil design will be based. an elevations as stated on the 1991 as-built drawings. • Bid phase and construction administration services wilt be provided on a Time and Materials basis based on our current billing rates. • Permitting with the State Fire Marshall and associated plan review fees are not included. Schedule & Budget We anticipate delivering the 65% submittal on June 13"'. The city of Kenai will have one week for review. 95% submittal would be delivered on the July 11`". The city df Kenai will again have one week for review. Final drawings will be delivered on July 26th. 64 " April 24, 2008 Page 3 RSA proposes the following lump sum fees for this project: fNechanical Electrical Architect Cost Estimate 65% Design $ 7,500 $ 3,360 $ 8,030 $ 2,610 95% Design $ 3,620 $ 1,680 $ 4,840 -- Construction $ 1,560 $ 1,100 $ 2,290 Documents GRAND TOTAL $ 36,590 Please review and advise if this proposal is acceptable by signing below and returning a Dopy to our office as our notice to proceed. We look forward to working with you on this project. Sincerely, Mark R. Frischkorn, P.E. Vice President mrflbppthc 08-0357/P08-111 Accepted for City of Kenai 65 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2308-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAl, ALASKA INCREASING ESfiIMATED REVENUES AND APPROPRIATIONS BY $40,000 IN THE GENERAL FUND DOCK DEPARTMENT FOR FUEL. WHEREAS, fuel sales in July through September 2007 exceeded expectations and depleted the Dock Department budget for fuel; and, WHEREAS, the full inventory at the dock is less than the amount needed for the rest of the fiscal year; and, WHEREAS, it is in the best interest of the City of Kenai to fill the two 7,500 gallon tanks at the dock prior to the start of the new season; and, WHEREAS, the fuel needed will cost approximately $40,000; and, WHEREAS, funds are available in the fund balance of the General Fund. NOW, THEREFORE, BE 1T 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 $40,000 Increase Appropraticns: Dock -Operating Supplies $4Q,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21~~ day of May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk f Approved by Finance:_,j~__ (04/30J2008) hI Introduced: Adopted: Effective: May 7, 2008 May 21, 2008 May 2I; 2008 66 Suggested by: Administration GI2Y CEF KENAI ORDINANGE NO. 2309-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,457 IN THE GENERAL FUND FOR PROFESSIONAL SERVICES AT THE MULTI-PURPOSE FACILITY. WHEREAS, the Multi-Purpose Facility was used far a Skating Clinic during April 2008; and, WHEREAS, total fee revenue was $15,53$; and, WHEREAS, costs incurred for the clinic for ice maintenance and other professional fees were $11,475; and, WHEREAS, additional utilities attributed to the clinic are not are expected to exceed the balance of revenues; and, WHEREAS, the Recreation Department Professional Services budget needs to be increased to pay the professional services costs. 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: Recreation - Multi-Purpose Facility Use $1 1,457 Increase Appropriations: Recreation -Professional Services $11,457 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21a~ day of May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: !~~y! - Effective: 67 Approved by Finance: (04/30/2008) h1 May 7, 2008 May 21, 2008 May 21, 2008 Suggested by: City Manager CITT' OF KENAI ORDINANCE iQC9. 2310-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 5.35.040 BY INCREASING THE MINIMUM DISTANCE BETWEEN OIL AND GAS WELL DRILLING LOCATIONS AND RESIDENTIAL OR COMMERCIAL BUILDINGS FROM 200 TO 600 FEET UNLESS THE WRITTEN PERMISSION OF THE OWNER IS OBTAINED. WHEREAS, I{MC 5.35.040 currently states that no oil or gas well may be drilled closer than 200 feet from a residential or commercial building v/ithout obtaining the written permission of the owner thereof; and, WHEREAS, modern drilling technology makes it much easier for oil and gas wells to be drilled from distances greater than 200 feet from a residential or commercial building; and, WHEREAS, increasing the minimum distance for oil and gas drillixag without the consent of the owner of a residential or commercial building from 200 to 600 feet will lessen the potential negative impact of drilling to such property while not unduly burdening or restricting oil and gas drilling; and, WHEREAS, this amendment will protect the health, safety and general welfare of the citizens of the City of Kenai by creating reasonable separation between conflicting uses yet also accommodate the rights of surface and subsurface users of real property located within the Citls ,,^,f Kenai; and; WHEREAS; it is in the best interest of the City of Kenai and its citizens to amend KMC 5.35.040 by increasing such distance from 200 feet to 600 feet. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 5.35.040 is hereby amended as follows: 5.35.040 Well location. No cve11 shall be drilled and no permit shall be issued for any well to be drilled at any location which is nearer Haan [200) 600 feet of any residence or commercial building without the applicant having first secured the written permission of the owner or owners thereof. 68 Ordinance No. 2310-2008 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 7, 2008 Adopted: May 20, 2008 Effecfive: June 20, 2008 69 "f/'lla~e with a Past, ~c°~r wit, a F~.~~e" 210 Fidalgo Avenue, Kenai, Alaska 98611-7794 Telephone:. (907} 283-7535 /Fax: (907) 283-3014 www.ci.kena+.ak.us X1"11 ~r~.11C~.U111 Date: April 23, 2008 To: Rick R. Koch, City Manager !/ Prom: ICIm Howard, Assistant to the City Manager ~' Ki I2E: Security Assignment of Lease/Lot 3, Block 3, Cook Inlet Industrial Air Park - Integrated Account Management, Ine. d/b/a Parker and Associates, and John C. Parker and Marie L. Parker The City has received a request from John and Marie Parker for approval of the attached Assignment of Lease for Collateral Purposes. The lease allows for an assigtmient with the written consent of the City. The lessee is in compliance in payments to the City and taxes to the $orough. The City Attorney has reviewed the documents and has no objection to the forms. If Council approves the security assigmnent, the consent can be executed. Cc:.iohn & Marie Parker Attachments /kYt 7~ CITY OF KENAI CONSENT TO ASSIGNMENT The City of Kenai hereby acknowledges and consents to the Assilmment of Lease for Collateral Purposes as to that certain property subject to a Lease Agreement dated Septen-~ber 12, I96'J from Integrated Account Management, Inc. DBA Parker and Associates, an Alaska Corporation and John C. Parker and Marie L. Parker, individually, Recorded July 10, 2006, in Book 28 at Page ll 5 in the Kenai Recording District which. Lease affects the real property described as: Lot 3, Block .i, Cook Intet Industrial Air Park Subdivision, according to the off cial plat thereat, ftted under Plat Number K-144$, Reco~°ds of the Kenai Recording District; Third Judicial District, State e, Alaska. The City of Kenai hereby acknowledges and consents to the recording of the Assignment of Lease for Collateral Purposes. The consent of the City of Kenai indicates that only the non-objection and consent of the City of Kenai matters stated herein and is not intended nor should it be construed as an endorsement or guarantee of the efficacy of the assignment of Lease for Collateral Purposes, the legal rights to be assigned, transferred or held pursuant to the Assignment of Lease for Collateral Purposes, or any other documents. Recommended for Approval: City of Kenai By: , City Manager STATE OF ALASKA } )ss. THIRD.IUDICIALDISTRICT ) THIS IS TO CERTIFY that on the __day of ,personally appeared before me known. to be the person Honed herein and who executed the foregoing Consent to Assignment, as City Manager in the City of Kenai, and. that he signed the same as his free and voluntarily act and deed, for the uses and purposes therein set forth. GIVEN UNDER MY HAND and official sea]. the day and. year last above written. Notary Public in and for Alaska My commission expires: Consent to Assignment of Proprietary Lease for Security- Revised5Y9hD61L5S- lloc Unit ASSIC:NMENT OF LEASE FOR COLI,ATEI2AL PURPOSES The undersigned, Cnteerated Accoa~nt Management ne. an Alaska CorFryrativn ¢nd John C Parker and Marie ~.. Parker. Individually hereinafer refeaed to as Assignors, fox TE'N DOLhARS ($10.00) 'lawful money of the United States of America, and foz other good and valuable consider-ation„the receipt of which is hereby acknowledged, do hereby assign and transfer, convey and set over unto NORTHRhuI BANK, a state banking association, whose address is 3111 C Street, Aaaahorage, Aiaska 99503 all of their right, Lide and interest in andto that cer'xin Lease of real property recorded. July 1Q 2006, Book 28, Page 115, wherein Irtt~rared Accoaent Management;, Inc. an Alaska Corvorotion and John C_Pnrker anti Made h. Parlrer, appears as Tenant, which effects a portion of 41re real property more fully described as follows: Lot 3, Slock 3, Coo1c InIeC Industrial Air Park Subdivision, according to the official plat thereof, filed under Plat Nun>ber K-1448, Records of the Kenai Recording District, Third ,iudicial District, State of Alaska. S2JF3JECT TO existing easements, conditions, covenants, reservations, terms, agreements and restrictions of record. TO HAVE AND TO HOLD the same unto NORTHRLM BANK, its successors and assigns, from the date hereof and during all of the remainder yet to come of the term of said Lease- Assignors hereby warrazn and covenant to and with NOR"I`HRIM BANK ihaY the assigned premises are fi~ee and clear of and from all former and other gifts, bargains, sales, leases, judgments, executions, back rents, taxes, assessments, penalties, claims and encumbrances, except those of record; atxd that Assignors ixave fire right and power to make. this Assignment. NORTHRIM BANK hereby assumes and agrees to abide by all of the terms, conditions and restrictions pertaining to the above described property as contained in the plat thereof or in the terms and conditions of the above- referenced Lease, pzovided however, that this assumption by NORTHRIM BANK shall take effect and will be enforceable against NORTI3RIM BANK isr the event and onty in the event Cnat NORTHRIM BANK takes possession o'f the premises under and pursuant to its Deed of Trust hereinafter referenced and becomes the owner of the referenced Lease. NORTHRLM BANK shalt be privileged at any time hereafter to reassign any isrferest hereby acquired to the Assignors. This Assignment shall be void and reassigned to the Assignors if the said Assignors shall perform all of the covenants, including any for payment of money, contained in a Deed of Trost Note in the amoruat oY plus niterest, secured by a Deed of Trust, which Deed of Trast and Deed of Assignment of Loose- Revised 3~'3l6G/LSS- Uoc Unit 72 Trust Note are dated on the u day of _, _ and all other agreements entered into between the Assignors and NORTHRIM SANK under which the Assignors. are obligated. to NORTI3RiM BANK. if the Assignors fail to pay the above described Deed of Trust Note, NORINRIM BANK may foreclose this Assignment under the terms of the above described Deed of Trust. Dated this day of ASSI(sNORS: 2008. ASSit'iNEE: Northrim Bank By: STATE OF } ss. } The foregoing instrument was acknowledged before me this day of __ 2008 by Notary Public in and for My Commission Expire; Assignment of Lease- Revised 3(910GtLSS- lloc Unit rj ^ STATE OF } ss. The foregoing histrument was acknowledged before me this day of 2008 by Notary Public in and for My Commission Expite: STATE OF ALASKA } } SS. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2008 by ,the Vice President of Northrim. Bank, a state banking association, on behalf of the bank. Notary Public in and for My Commission Expires: AssigPmenG Of t:aase~Revised 314/pG/LSS-Uoc Unit ~n ~r~t~l(Gt~"e Gfl6~~ ~ p'QSt GG'~y Lf>G~~ G~ Ft~~e ®o 210 Fidalgp Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: (907} 283-3014 www.ci.kenai.ak.us I~/Ieorand~nl Date: Apri129, 2008 To: Rick R. Koch, City Manager From: Kim Howard, Assistant to the City Manager I2E: Security Assignment of Lease Lots 7 & &, Block I, F:B.O. Subdivision/LOR®C, LLC The City has received a request from LOROC, LLC for approval of the attached Assignment of Lease for Collateral Purposes. The leased property is the location of the FedEx building. The lease allows for an assignment with the written consent of the City. The lessee is in compliance in payments to the City and taxes to tl-ie Borough. The City Attorney has reviewed the documents and has no objection to the forms. If Council approves the security assignment, the consent can be executed. Cc: LOROC, LLC Attachments /kh 75 CONSENT TO ASSIGNMENT OF LEASE FOR SECURITY PURPOSES The City. of Kenai, Lessor in an Agreement recorded on July 2, 1980 at Boolc 158, Page 195, covering the following described property: Lots 7 & $, Block I, F.B.O. Subdivision, according to Plat 78-225, fied in the Kenai Recording District, Third Judicial District, State of Alaska by and through its City Manager, hereby wnsents to the assignment of the right, Title, and interest of the Lessee in the above referenced agreements, for security purposes, to First National Bank Alaska, whose address is 11408 Kenai Spur Highway, Kenai, AIC 99611-7799. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Leases, and does not relieve the Assignee from +~ae condition requiring City approval for any subsequent sublease or assigmnent. Dated this day of , 2008. CITY QF KENAI By: Kick R. Koch City Manager Consent to Assignment of Lease for Security Purposes - Page t of 2 76 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2008, Rick R. Koch, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Consent to Assignment of Lease for Security Purposes -Page 2 of 2 77 RECORDATION REQUESTED BY: First Nations! Bank Alaska Kenai Branch 1'4408 Kenad Spur Hwy Kenai, AK -- 99619-7799 WHEN RECORDED MAIL TO: Firs4 National Bank Alaska Kenai Branch 11406 Kenai Spur Hwy Kenai, AK 9961 t-7799 FOR RECORDER'S USE ONLY I)EEO OF TRtD3T THIS DEED OF TRUST is dated May 8, 2008, among LOROC G.C, an Aieska Iimi4ed liability company, whose edtlress Is 335 MAtN STREET LP, KENAI, AK 99611 {"Grantor"1; First National Bank Alaska, whose address is Kenai Branch, 11408 Kenai Spur Hwy, Kenai, AK 99611-7799 (referred to below sometimes as "Lender" and sometimes es "Beneficiary"1; and First American Tkla Insurance Company, whose address is 905 Trading Bay Road Ste. 103, Kenai, AK 99611 Ieeferrred to below as "Trustee";. CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys to Trustee in trust, with power of sale, foe the beneflY of Lander as Beneficiary, all of Grantor's right, title, and interest in, to and under the Lease described below of the fallowing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; aVl easements, rights of way, and apDUrtenances; al4 water, water rights end ditch rights llncludfng stock in utilities wish ditch or Irrigation rights); sad aIi other rights, royalties, and profits reEating to the real property, inglvding without IimitaYion any rights Grantor later acquires in the fee simple title Lp The land, subject to the Lease, and all minerals, oil, gas, geothermal end similar mattes, (the "Real Prgper[y"f located in the Kenai Recording District, Third Judicial District, the State of Alaska: A leasehold estate created by that certain lease dated June 18, 1980, recorded July 9, 1980 in Book 158 e8 Page 195. and amantlments thereto, wherein City of Kenai is Lasser and Edward M. Brown is Lasses. The Mtarest of Edward M. Brown has been assigned Isy mesne conveyances eo Loroc, LLCbV assignment recorded November 27, 2006 under Serial No. 2006-092863-0. Said leasehold estate affects the following land: Lots 7 end 8, Blck 9, FBO Subdivision, according to the official plat tharecf. Rled under Plat number 78-225, Records of the Kenai Reoarding District, Third Judicial District, State of Alaska. The Real Property or its address is commonly known as 427 N. WILLOW ST. , KENAI, AK 99611. CROSS-C0LLATERALI2ATL0N. In addition to the Note, this Deed of Trust secures ail obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated 4o the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or 78 ®EED OF TRUST Loan No: D1'1647'i722 (ContinUeGr) Page 2 undetermined, absolute or contingent, Liquidated or unliquidated, whether Grentgr may be liable individually or jointly with others, whether obligated as 8uarantor, surety, accommodation party or otherwise, and whether recovaryupon such amouMS may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of TrusU all of Grantor's right, title, and interest in and to all present and future leases of the Property and ail Rents from the Property as security for the Indebtedness. In addition to this assignment under common law, Grantor grants to Lantler a Uniform Commercial Coda security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY 1NTERE57 IN THE RENTS AND PERSONAL PROPERTY, !S GIVEN TO SECURE tA) PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THlS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise providao in this Daetl of Trust, Granmr shall pay to Lender all amounts secured by this Dootl of Trust es they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Nate, this Deed of Trusq and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be Governed by the following provisions: Possession and Use, Until the occurrence of en Event of Detauit, Grantor may {t) remain in possession and control of Che Property; 121 use, operate or manage ±he Property; and B) collect the Rents from the Property (this privilege is a license from Lender to Grantor automatically revoked upon default). Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warranTS zo Lender that: (7) During the period of Grantor's leasehold interest in the Property, there has been no use, generatian, manutactura, atoraga, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge ot, or reason To believe that there has been, except as previously - disclosed to and acknowledged 6y Lender in writing, ta) any breach or violation of any Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal. release or threatenetl release of any Hazardous Substance on, under, about or from tfie Property by any prior owners or occupants of [fie Property, or (cf any actual or threatened litigation ar claims of any kind by a.^.y person relating to such matters: and 13i Except as previously disclosed to and acknowledged by Lender in writing, la! neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, stare, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicabts fetleral, state, and local laws, regulations and ordinances, including without limitation aB Environmental Laws. Grantor authorizes Lender end its agents to enter upon the Property to make such inspections and tests, at Graaror's expense, as Lender may deem appropriate to tletarmine compliance of the Property with this section of the Deed of Trust. Any inspections ar tests made by Lender shall be for Lender's purposes only antl shall not ba construed to create any responsibility or liability on the part of Lander to Grantor or to any ether person. The representations and wsrrenties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby f11 releases and waives ant future claims against lender for indemnity or contritaution in the event Grantor becomes liable for cleanup or other casts under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, Iiabi{ities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in [he Property, whether or not the same was or should Nava been known to Grantor. The Rrovisions of this section a the Deed of Trust, including the obligation to indemnify and defend, shall surviw_ the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Daed at Trust and shall not ba affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise, 79 o~so 01= roust Loan No: 09 9 847 9 722 {Confirtued) Page 3 Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property ar any portion of the Property, Without IimiYing the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals ;including oil and gas), coal, clay, scoria, soil, gravel or rock producCS without Lender's prior written consent, Removes of improvements.- Grantor shall not demolish ar remove any Improvements from the Real Property without Lender's prior written consent. Asa condition to Cha removal of any Improvements, Lender may require Grantor to make arrangements satisfactory -to Lender [o replace such Improvements with Improvements of at least equal value, Lender's Right %o Enter. Lender end Lender's agents and representatives may enter upon Ehe Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Dead of Trust. Compliance with Govemmentet Requirements. Grantor shall promptly comply with all taws, ordinances, and regulations,. now or hereafter in effect, of ail governmental suthorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabiiitias Act. Grantor may contest in good faith any such law. ordinance, or regulation and wiChhold compliance during any proceeding, including appropriate appeals, so Fong es Grantor has Notified Lender in writing print to doing so end so Tong as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. lender may require Grantor to past adequate securlfy or a surety bond, reasonably satisfactory to Lender, to protect Lender's intareat. Duty 4o Protect, Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other arts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary zo protect and preserve the Property. Compliance with Lease, Grantor will pay elf rants and will strictly observe and perform an a timely basis all other terms, covenants, and conditions of the Lease. Grantor wlil indemnify, defend, and hold Lender harmless against al! losses, liabilities, actions, suits, proceedings, costs including reasonable aktornays' fees claims, demands, and damages whatsoever which may he tnaurred by reason of Granror's failufe to pay rents or strictly otrserve or perform under the Lease, Other Agreements Relating to the lease. Grantor further agrees (1) not to surrandeL terminate, or tercet the Lease, and (2) not to modify, change. supplement, alter, or amend the Lease, either are!!y or in m~titing, without Lender's prior vrritten consort. Any attempt by Grantor to do any of the foregoing without Lender's prior written consent wiA be void and of no force and effect. At Lantler's option, Grantor will deposit with lender as farther security all original documents relating to the Lease and the leasehold interest in the Property. Unless Grantor is in breach or default of any of the terms comained in this Deed of Trust, Lender will have no right to cancel, modify, change, supplement, alter or amend the leasehold interest. No estate in the Property, whether fee title to the leasehold premises, the leasehold estate, or any subteasehold estate, will merge without Lander express written consent; rather these estates will remain separate and distinct, even if there is a union of these estates in the landlord, Grentoq or a third party who purchases or otherwise acquires the estates. Grantor further agrees that if Granter acquires all or a portion of Cha fee simple title, or any other leasehold or subleasahold title to the Property, that title will, at Lender's option, immediately become subiagt to the terms of this Dead of Trust, end Grentor will execute, deliver and record aIi documents necessary or appropriate to assure that such title is secured by this Deed of Tsust. Notices Relating to 4he Lease. Grantor will promptly notify Lender in writing: (il if Granror is in defau!z in the performance or observance of any of the terms, covenants, or conditions which Grantor is to perform or observe under the Lease; (2) if any evert occurs which would constRute a default under the Lease; (Gi it any notice of default is giver, to Granror by the landlord under the Lease; 141 if, pursuant to the Lease, any proceeds received for the Property are deposited with someone other than Lender, whether received from any insurance on the Property or from the taking of any or all of the Property by eminent domain; and. (51 if any arbitration or appraisal proceedings are requested or instituted pursuant to the Lease. 80 DEAD ®~ Tfil9ST Loan No: 09'18471722 fContin0ed! Page a Grantor agrees to provide Lentler promptly with a copy of all written materials relating to any of the above and to provitle Lender with such other information as Lender may reasonably request. Grantor agrees that promptly attar the execution and delivery of this Deed of Trust, Grantor will notify the landlord under the Lease in writing of the execution and delivery of this Deed of Trust end of the name and address of Lender and will deliver a copy of this Deed of Trust to the landlord. Option to Cure Leese Defauk. Upon Lender's receipt of any written notice of Grantor's default under the Lease, Lender may, at Lender's option, cure such defauh, even though Grantor, or any party on behalf of Grantor, questions or denies the existence of such defauh or the nature of the default. Grantor expressly grants to Lender The absolute and immediate right to enter upon the Property to such extent and as often as Lender in it sole discretion deems necessary or desirable in order to prevent or cure any such default by Grantor. DUE ON SALE -CONSENT 8Y LENDER. Lender may, at Lender's option, declare immediately tlue and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of ail or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property: whether Iega6 beneficial or equitab4e; whether voluntary or involuntary; whether by outright sale, deed, insta0ment sale contract, land contract, contract for deed, community property agreement or community property trust or other trust, leasehold interest with a term greater than three {3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Reai Property, or by any other method of conveyance of aninterast in the Real Property, If ant Grantor is a corporation, partnership or limited liability Company, transfer also includes anV Change in ownership of more than twenty-Five percent {25Yo) of the voting stock, partnership interests or limited iiabiiity company interests, as the Dose may be, a; such Granicr. However, the option shall not be exercised by Lender if such exercise is prohibited by federal law or by Alaska taw. TAXES AND LIENS. Tha following provisions relating m the taxes and liens on the Property are part of this Daed of Trust: Payment. Grantor shalt pay when due land in all events prior to delinquancV) all taxes, special taxes, assessmems, charges (including water and seweq, fines and impositions levied against or on account of the Property, and shall pay when due atl claims for work done on or for services rendered or material furnished to the Property. Grantor sha(I maintain the Property free of all liens having priority over or equal to the interest of Lender under this Daed of Trust, except for *.he lien of taxes end assessments not due and except as otherwise provided in this Deed of Trust. Right 40~ Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pat, so long as Lender's interest ~n ?he Property is Hoe ieopardizetl. If a lien arises or is fi{ed as a resole of nonpayment, Gran*.or shall within fifteen (157 days after the Lien arises or, if a lien is filed, within fiktaen (151 days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by lender, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of e foreclosure or sale under the lien. In any contest, Grantor shall defantl itself and Lender and shat! satisfy any adverse judgment before enforcement against the Property. Grantor shall Hama Lender as en additional obfi9ee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shell notify Lender at least fifteen (15) days before any work is commenced, any servipes are furnished, or any materials are supplied to the Property, if any mechanic's lien, meterialman's Tien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pat the cost of Such imprOVament5. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shaft procure and maintain policies of fire insurance with 81 DEEi3 OF TRUST Loan No: of 1S4717Z2 (::Ontictu~d} Page 5 standard extended coverage endorsemen?s an a cash basis for the full insurable value covering all Improvsments on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as tender may raGUSSt with Trustee and Lender being named as additions! insureds in such IiabititY insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and 'oasis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender, Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certlfioates of fnsurance in form sa}~Isfactory xo lender, including stipulations that coverages will not be cant;elled qr diminished without at (east thirty 1301 days prior written notice to Lander. Each insurence policy also shall include an endorsement providing that coverage in favor of Lender will not 6e impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property bs located in an area designated by the Director oP the Federal Emergency Management Agency as a special flood hazard area, Gramor agrees to obtain arsd maintain Federal Flood fnsurance, if available, far the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy rimits set under the National Flood Insurance Program, or as otherwise required by Lander, and to maintain such insurance for the term of the iasn. Application of Proceeds, Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of Toss if Grantor fails to de so within fifteen (7 51 days of the casualty, Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the Rroceeds to restoration and repair, Grantor shall repair ar replace the damaged or destroyed Improvements in a manner satisfiactory to LendeoLender shall, upon satisfactory proof oP such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Dead of Trust. Any proceeds which have not been disbursed within 180 days af[er ±heir receipt and which Lender has not committed to the repair or restoration of the Property shell be used first to pay any amount owing to Lender under this Dead of Trust, then to peY accrued interest, and the remainder, if any, shall be applied to Yha principal balance of the Mdebtedness. If Lender holds any proceeds aftsr payment in full of the Indebtedness, such proceeds shall 6e paid to Grantor as Grantor's interests may appear. G:a spa 9^ ncs. Upcr, ,^ ,.,..,, pf Lando h^.. at mere *.h>........ year Grantor shalt furnish to Lander a report on each existing policy ~ot insurance showing: (1) the name of the insurer, (ZY the risks insured; 13) the amount of the policy; (41 the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expirsion date of the policy. Grantor shall upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cast of the Propetty. LENDER'S EXPENDETURES. If any action or proceeding is commenced that would materially attsct Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Rafeted Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not 5e obligated tot take any action that Lender deems appropriate, including but oat limited to discharging or paying ail taxes, liens, security interests, encumbrances and other c{aims, at any rims levied or placed on the Property and paying all costs far insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at The rata charged under the Note unless payment of interest at that rate would 6e contrary to applicable law, in which event such expanses shall beer interest at the highest rate permitted by applicable law from the date incurred or paid by lender to the date of repayment by Grantor, All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (81 be added to the balance of the Note and 6e apportioned among and be payab'e with any installment payments to become due during either (1) the term of any applicable insurance policy; cr (2i the remaining term of the Note; or (C} be Created as a balloon payment which will be due and payable at the Note's maturity. The Dsed of Trust also wits secure payment of these amounts. Such right shall be in addition to alt othsr rights and remedies to which Lender may be entitled upon Default. 82 DEED OF TRSIST Loan No: 61 1 8471 7 2 2 (Gonxittuedl Page s WARRANTY; DEFENSE OF TITLE, The following provisions relating to ownership of the Property are a part of this Daed of Trust: Title. Grantor warrants ffiat: ia} Grantor holds good and marketable title of record [o the leasehold interest in the Property pursuant to the teens, free and clear of all ;tens and encumbrances other Loan those set fotth in the Reai Property description or in any titre insurance policy, title report, or final title opinion issued ±n favor of, and accepted by, Lender in connection with this Deed of Trust, and tb1 Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of TiNe. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding iscommenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action ai Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in xhe proceeding and to ba represented in the proceeding 6y counsel of lender's own choice, end Grantor will deliver, or cause m be delivered, to Lander such instruments as Lendsr may request from time to time to permit such participation. Compliance Wtth Laws. Grantor warrants that the Property and Grantor's use of the Property complies with alt existing apPiicabie laws, ordinances, and regulations of governmental authorities. Survive{ of Represente5ons antl Warrenties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing In nature, antl shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. Tha fo0owing provisions relating to eondemnatinn Proceedings are a part of this Deed of Trust: proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lendsr in writing, and Grantor shall promptly take such siepS as may be necessary to defend the action and obtain the award. Grantor may ba the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or cause to ds delivered to Lender such insuuments and documentation as may ba requested by Lender from time to time to permit such participation. Application of Net Proceeds: If all or any pert of the Property is condemned by sminant domain proceedings or by any proceeding or purchase in lieu of condemnation, Lander may at its election require that all or any portion of the net proceeds of the award be applietl to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award abet payment of elf reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lentler in connection with the condemnation, lMPOSiTiON DF TARES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The follow+ng provisions relating to governmental taxes, fens and charges are a part of this Deed of Trust: Currant Texas, Fees .and Charges. Upon request by Lendeq Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by tender to perfect end continue Lender's lien on the Rsal Property. Grantor shall reimburse Lender for all taxes, as described below, togaffier with all expenses incurred in recording, perfecting or continuing this Desd of Trust, including without Limitation all taxes, fees, tlocumentary stamps, and other charges for recording or registering this Deed at Trust. Taxes. The following shall constifute taxes to whichthis section applies: ?t) a specific tax upon this type of Deed of Trust or upon all or any Part of the indebtedness secured by this heed of Trust; (2) a specific tax on Grantor which Grantor is authorized or requiretl to deduct from payments on The Indebtedness secured by this type of Deed of Trust; t3) a tax on this type of Deed of Trust chargeable against the Lendsr or the holder of the Note; and (4) a specific tax on all or any Portion of the Indebtedness or on payments of principal and Interest made by Grantor, Subsequent Texas. ff any tax to which this section applies is enacted subsequent tc the data of this Oeed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or atl of its available remedies for an Event of Default as provided be4ow unless Grantor either (tl pays the tax 6afors it becomes delinquent, or (2) conteats ffie tax as provided above in the Taxes and Liens section and deposiTS with Lender 83 ©EED OF TRUST Coen No; OC 7847[722 (Con$onUedl Page 7 cash or a sufficient corporate surety bond orother security satisfactory to Lander. SECURITY AGREEMENT; FINANCiNS,s STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement This instrument shah constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Cade as emended from time to time. Security Interest. Upon request 6V Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Gramor shall reimburse Lender for all expanses incurred in perfecting or continuing this security interest. Upon default, Grantor shat) not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and et a place reasonably gonvenient to Grantor and Lender and make it available to Lender within three (3) days after receipt cf written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the securlry interest g<antad by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) era as stated on the first page of this Deed of Trust. FURTHER k55URANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact era a part of this Deetl of TrusC: Further Assuranpes. At any time, antl from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to lender or to Lender's designee, and when requested by Lende4 causo to be filed, recorded, refiled, ar rerecorded, as the case may be, at such times and in such offices and places as Lendac may deem appropriate, any and ail such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certiticetes, and other documents as may, in the Bola opinion of Lender, he necessary or deskabie in order to effectuate, complete, perfect, continue, or preserve 11) Grantor's obligations under the Note, this Deed of Frust, and the Related Documents, and i2) the liens and security interests created by this Daed of Trust as first and prior liens on the Property, whatfier now owned or hereafter acquiretl by Grantor. Unless prohibited by law er Lender agroas to the contrary in writing, Granter shall reimburse Lander for all costs and expenses incurred iri connection with the mafters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things rofarred to in the preceding paragraph, Lender may do sc for and in the name of Grantor and at Grantor's expense. for such purposes, Gramor hereby irrevocably appgints Lender as Grantor's attorney-imfact for the purpgse of making, executing, delivering, filing, recording, and doing all other things ss may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred Co In the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs sll the obiigatiors imposed upon Grantor under this Daed of Trust, Lander shall execare and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements o£ termination pf any financing statement an file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by taw shall be paid by Grantor, if permitted by applicabia law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Evebt of Default under this Deed of Trust: Payment 6efault. Grantor falls to make any paymart when due under the Indebtedness Other Defauifs. Grantor fails to comply with or tq perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement 6etwoen Lender end Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained iq this Deed of Trust, the Note or in any of the Related Documents. 6efauie on Other Payments, Failure of Grantor within the time required by this Deed of 8`t DEE® ®F TRUST Loan No: 0198471722 (Cocetinuedt Pane 8 Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of eny lien. False Statements. Any warranty, representation or statement made or furnished to Lander by Grantor or on Granmr's behalf under this Deed of Trust or the Related Documents is false or misleading in any malarial respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Coiiataralization. This Deed of Trust or any of the Felated Documents ceases to be Ir. fukl force and effect {including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the Ifmited liability company, or any ocher ierminetion of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for eny part of Grantor's property, any assignment for the benefit of credimrs, any type of creditor workout, or Che commencement of any proceeding under any bankruptcy or insolvency laws by or against Gran*.or. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any 0ovarnmemal agency against any property securing the intlebtedness. This includes a garnishment at any of Grantor's accounts, including deposit accounts, with Lender Howsver, this Event of DafeulT shalt not apply if there is a good faith dispute 6y Grantor es m the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and ii Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lander monies or a surety bond for the creditor or forfeiture proceeding, in an amount tletorminad by Londar, in its sole discretion, as being an adequate reserve or bond for the dispute. Lease Dofautt. Grantor detauYts under the terms of the Lease, or any other avant (whether or not Grantor's fault) resuhs in the termination or cancellation ofi Grantor's leasehold rights. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning ary indebtedness or other obligation of Grantor to Lende4 whether existing now or later. Events Affecting Guarantor, Any of the preceding events occurs with respect to any Guarantor of any of [he intlebtedness or any Guarantor dies or becomes incompetent, ar revokes or disputes the velitlity ot, ar fiabiliry under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lander believes the prospect of payment or performance of the Indebtedness is impaired. insecurity. Lender in good faith believes itself insecure. flight to Cute. If any default, other than a default In payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Dead of Trust within the preceding twelve (i2) months, It may be cured if Grantor, after receiving written notice from Lander demanding cure of such default: (12 cures the de#auit withirofifteen t15S days; or (2) if the cure requires mare than fifteen (t5} days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RtlGkTS AND REMEDIES Oh DEFAULT. If an Event. of Default occurs under this Deed of Trust, at any time theraaftep Trustee oc Lander may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remetly shall not exclude pursuit of anY other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not effect Lender's right to declare a default and exercise its remedies. Accelerate indebtedness. Lander shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any pert of the Property, Trustee shall have the right to sell the Property pursuant to anon-judicial foreclosure sale and Trustee ar Lender shall have Che right [o sell the Property upon judicial tareclosure, in either case in accordance with and 85 €7EE® OF TRUST Loan No: 0156479722 IContinuedl Page S to the full extent provided by applicable law. If the power of sale is invoked, Trustee shall execute a written notice of the occurrence of an Event of Default and o` the election to cause the Property to 6e sold and shall record such entice in each Recording District in which the ProRerty or some part of The Property is located. Trustee shall mail copies of the notice o? default, in the manner provided by the laws of Alaska, to Grantor and to such other persons as the laws of Alaska prescribe. Trustee shall give notice of sate and shall sell the Property according to the laws of Alaska. Aber the lapse of time required by law fnllowmg the recordation of the notice of default, Trustee, without demand on Grantor, may sell the Property at the time and place and under the terms designated in the notice of sale, in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement et the time and place of any previously scheduled sale, lender's or tender's designee may purchase the Property at any sale. Trustee shah deliver to the purchaser Trustee's dead conveying the property so sold without any covenant or warranty, expressed pr implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made in the Trustee's deed. Trustee shad apply the proceeds of the sale in the tgllowing order: (el to all costs and expenses of the sale, including, but not limited m, reasonable Trustee's and attornays'fees, and cost of title evidence; {bl to all sums secured by this Deed of True*, in such order as Lender, in Lender's sole discretion, direcs; and (c) the excess, if any, to the person or persons legally entitled to the excess proceeds. UCC Remedies. With respect to alt or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Coda. Coileci Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, inctudtng amounts past due and unpaid, and apply the net proceeds, over and above lender's costs, against the Indebtedness. fn furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lendeq then Grantor irrevocabfV designates lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and m negotiate the soma and collect the proceeds. Payments by tenants or other users Co Lender in response to Lender's demand shall satisfy the obligatiors for which [he payments are made, whether or nqt any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, 6y agent, or through a receiver. Appoint Receiver. Lender shell have the right tp have a receiver appointed to take possession of all or any part o4 the ProperCy, with the power eoproiact and preserve the Prcparty, aparo. -pparty pracadln-y t-. -- - ~ - -~~ tc ccAect - -- - from the Property and apply the proceeds, over rand (above Yha cost of the receivership against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employmont by Lender shalt not disqualify a person from serving as a receiver. Tenancy at Sufferanoe. If Grantor remains in possossion of Che Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantoi, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at lender's option, either (1) pay a reasonable rental for the use of the Property, or (21 vacate the Property immediately upon the demand of tender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place ofany public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shaft mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Persona( Property may be made in conjunction with any sale of the Real ProRerty. Sale of tfia Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising Its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shell be entitled m bid at any public sale on all or arty portion of the Property. 86 DEE® C3F TRtPST Loan No: Ott S47t722 {Continued} Page 10 Attorneys' Fees; Expenses. If lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender sha{I be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whefher or not any court action is involved or pending, and to the extent not prohibited by law, all reasonable expanses Lender incurs that in Lender's opinion are necessary at any time for the protection of i[s interest or ine enforcement of its rights shall become a part of the indebtedness payable nn demand and shell bear interest at the Nate rate unless payment of interest at that rate would be contrary to applicable law, in which event such expenses shall bear interest at the highest rate permitted by applicabia law from the date of the expenditure until repaid. Expenses covered by this paragraph tnciude, without limitation, however subject tc any limizs under applicable law, Lender's reasonable attomsys' fees and Lender's legal expenses whether or not there Is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or in;unctionh appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports linciuding foreclosure reportsi, surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted ' by applicable law. Graninr also will pat any court costs, in addition to ail other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The tollowina provisions relating to the powers and obligations of Tcustee (pursuant to Lender's instructions) are part of this Deed of Trust: Powers bf Trustee. In addition to all powers of Trustee arising as smatter of law, Trustee shat! have the power tc take the following cations with respect to tfie Property upon the written request of Lender and Grantor. (s) join in preparing and filing a map or plat of the Heal Property, including [he dedication of streets or other tights to the public; (bi join In granting any easement or creating any restriction on the Real Property; and (c1 join in any subordination or other agreement effecting this Deed of Trust or the interest of Lender under this Daetl of Trust. Trustee. Trustee shall meet all quailfications required For Trustee under applicable law. In additior, to the rights and remedies set forth above, with resRect to all or any part of the Property, the Trustee shall, upon default, have ffie right to sell the Property by notice and non-judicial sale, and Trustee or Lander shall have the right to self the Property by iud•,cial action and foreclosure sale, in ether case in accordance with and to the full extent provided 6y applicable law. Successor Trustee. Lander, et Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed di Trust by an instrument executed and aeknawtadyad by Lsndar and recorded in the office for the Kenai Recording District, Third Judicial District, State of Alaska. The instrument shall be executed and acknowledged by Lender or Lender's successor in interest, and shall contain, in addition to all other matters required by state Iew, the date this Deed of Trust was executed, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed ai Trust is recorded, the name and address of the successor trustee, and either an acknowledgment signed and acknowledged by the Trustee named in this Dead of Trust of a receipt of a popy of the instrument or an affidavit of service of a copy of zhe instrument on the Trustee. The successor trustee, without conveyance of the Property, shall succeed to alt the title, power, and duties conferred upon the Trustee in this Deed qt Trust and by appllcabie 4aw. 7nis procedure for substitution of Trustee shall govern to the exclusion of ail other provisions for substitution. NOTICES. UNess otherwise provided by appi{cable law, anV notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimiie {unless otherwise required by lawn when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Ail copies of no*.ices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall 6e sent to lender's address, as shown near the beginning of this Deed of Trust. Any party mat change Its address for notices under this Dead of Trust by giving Formal written notice to the other parties, specifying that the Rurpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given try Lander to any Grarnor is deemed to 6e notice given 87 DEE® f1f TRUST Loan No: 0918477722 (Continu®d! Page 91 ?o alt Grantors. FORCE PLACED INSURANCE. I agree that if I fail to provide any required insurance or fail rn continua such insurance in force, Lender may do so et my expense. In the event Lender initiates tfle process of obtaining such insurance I agree to pay Lender, in additign to the expense associated with the force placed insurance, a processing fee of 550.00. Such tae is fully earned whenever Lender initiates such process regardless of whether the insurance is actually obtained by Lender. The cost of any such insurance and processing fee, at the option of the tender shalt be added to the indebtedness. MBSCELLANEOUS PROVISIONS. The following miscellaneous provisions era a part of this Deed of Trust: Amendments. This Deed of Trust, together with any flelated Documents, constitutes the entire understanding and ayreement of the parties as to the matters set forth in this Deed of Trust. No alteration pf or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Annual Reports. If [he Property is used far purposes other than Grantor's residence, Grantor shalt furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Louder shall require. "Nat operating income" shall mean ell cash receipiG from the Property less alt cash expenditures made in connection with the operation of the Property. Caption Headings. Captien headings in this Deed of Trust are for convenience purposes only and are nct to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the intorest or estate created by ttris Dead of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the wriitenconsent of Lender. Governing Caw. This Deed o4 Trus4.wii1 be governed btl federal law applicable to Lander and, to the exten4 not preempted by federal taw, the laws of the State of Alaska without regard to its conflicts of law provisions. This Deed of Trus¢ has bean accepted by Lender in ffie State of Alaska. No Waiver by Lender. Lender shall not be deemed to nave waived any rights under this peed of Trust unless such waiver is given in writing and signed by Lender. No delay or omissicn on the part of Lender in exercising any right shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance wiffi that povision or any nthar pr"•rs:cn ot'hII~ Dead at Trust N^ ^.^;pr wsivsr Ay L°ndar nor any course of dealing between Lender and Grantor; shall constitute a waiverVof any-ot Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consen4 by Lender in any instance shat! not constitute continuing consent to subseGUant instances where such consent is required and in all cases such consent may be granted or withheld In the sots discretion oP Lender. Saverab{ply, If a court of competent Jurisdiction finds any Provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as io any other circumstance. if feasible, the offending provision shall be considered modified so that it becomes Iegai, valid and enforceable. If the offending provision cannot be so modified, it shell bs considered deleted from this Deed of Trust. Unless otherwise required by law, the iilegalitY, Invalidity, or unenforceabiiity of any provision of this Daad of Trust shall not affect the legality, validity or enforceability of any other provision of this Desd ot'frust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest this Deed of Trust shall 6e binding upon and inure to the benefit of the parties, their successors and assigns. if ownership of the Property becomes vested in a person other than Grantor, Lander, without notice to Grantor, may deal with Grantor's successors with reference ro this Deed of Trust and the indebtedness 6y way of forbearance or extension without releasing Grantor from the obligations of this Daad of Trust or liahitity under the tndadtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives ell rights and benefits of the homestead examprion laws of the State of Alaska as to ail Indebtedness 88 DEE® DF TRUST Loan No: 0'{ 18471722 lGonYinuet$} Page l2 secured by this Deed of Trust. DEFINITIONB. The following capitalized words end terms shall have the following meanings when used in this Dead of Trust. Unless sRocifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require, Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary, The ward "Sanetlciary" means First National Bank Alaska, end its successors and assigns. Borrower. The word "Borrower" means LOROC LLC and includes alt co-signers and co-makers signing the Note and all their successors and assigns. goad of Trust. The words "Deed of Trust" mean this Daed of Trust among Grantor, Lender, and Trustee, and includes without limixation alt assignment and security interest provisions relatin8 io the Personal Property and Rants. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to [he protection of human health or the environment including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the 8uperfund Amendments and Reauthorization Act of 1986, Pub. L, No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seG., the Resource Conservaxion and Recovery Act. 42 U.S.C. Section 4501, et seG., of other applicable state or federal kaws, rules, or reguladons adopted pursuant thereto. Evene of Defau[t. Tha wards "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Daed of Trust. Gramor. The word "Grantor" moans LOROC LLC. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation Rarty of any or all of the Indebtedness. Gueran4y. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Nota. Hazardous Substances. The words "Hazardous Substances° mean materials that, because of their quantity, concenlratian or physlca6 chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the anvirnnmant when improperly used, treated, stored, disposed af, genoratod, manufartured, transported or otherwise handled. The words "Hazardous Substances" are used in their very trroadest &onse and include without timitatien any and af( hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petcoleum and petroleum by-products or any fraction thereof and asbestos. 6mprovements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. indeb4edness. The word "Indebtedness" means a6 principal, interest, and other amounts, costs and expenses payable under 4he Nate or Related Documents, together with all renewals ot, extensions of, modifications of, consclidatians of and substitutions for the Note or Related Documents end any amounts expanded or advanced by Lender to discharge Grantor's obligations or expanses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provSded in this Daed of Trust Specifecally, without limitation, indebtodness includes all amounts that may ba indirectly secured by the Cross-Collateratization provision of this Deed of Trust. Lease. The word "Lease" means the lease of the Property tlateU June 19, 1980, betweon CITY OP KENAI, Landlord and Grentor, which was recorded es follows: Lease recorded July 1, 1980, in Book 158 at Page 79; Assignment bV Mesna Conveyances recorded November 27, 2006 under Serial Number 2006-00? 2863-0; Amendment to lease recorded November 27, 2006 under Serial Number 2006-0012865-0; all in the Kenai Recording District, Third Judicial District< State of Alaska. 89 DEE6 OP'LR4JST Loan No: 0136471722 (Cotli:inu@Qt Pege 33 t.andae. The word "Lender" means First National Bank Alaska, its successors and assigns. Nate. The word "Note" means the promissory note datetl Mey 8, 200$, in the original principal amount of S from Grantor to Lender, together with elf renewals of, extensions pf, modifications of, refinenaings of, consoiidetiohs of, and substitutions for the promissory nots or agreement, Ths maturity da#e of this Deed of Trust is MaY 1, 2023. NOTkCE TO GRANTOR: Th€E NOTE CONTAINS A VARIABEE INTEREST RATE. Poraonei Property. The words "Personal PropertY° mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Reat Property; together with ali accessions, parts, and adtlitions to, ail replacements of, and all substitutions for, any of such property; and together with all issues and profits thereon and proceeds (including whhout limitation ail insurance proceeds and refunds of premiums} from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The wortls "Reef Property" mear. Eha real property, interests and rights, as further described in this Deed of Trust. Related Documents. Tha wortls "Related Documents" mean all promissory notes, cretlit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mnngages, and ail other instruments, agreements and documents, whether now or hereafter existing, executed in connection with Che !ndebfedneas, Rants. The word "Rents" means ail present and future rents, revenues, income, issues, royalties, profits, end other benefits derived trom the Propetty. Trustee. The word "Trustee" means First American Title Insurance Company, whose address is 105 Trading Bay Road Ste. 103, Kenai, AK 99611 and anY substitute or successor trustees: GRANTOR ACKNOwLEDGE5 HAVING READ AEL TFfE PROVISIONS OF THIS DEED OP TRUST, AND GRANTOR AGREES TO iT5 TERMS. GRANTOR: LOROC LLC By ROCKWELL G. SMIT@t, Member of LOROCLLC 3 3 ~':. ti: By LORI L. SMITH, Member of t.OROC LLC 90 DEED OF TRUSTi Loan No: 0178477722 (Continued) Page 14 LIMITED LIA81LITy COPAPANY ACKNOWLEaGBt>fEN'~ STATE OF JU®ICiA6 DISTRICT 1 SS On this day of 20 _., before me, the undersigned Notary Public, personally appeared ROCKWELL G. SMITH, Membee of IOROC LLC end LORE L SMITH, Member of LOROC LlC, and known to me to 0e members or designated agents of the limited liability company Yhat executed the Daed of Trust and acknowledged the Dead of Trust to be the free and voluntary act and deed of the limited liability company, by authority of statute, its artic4es of organization or its operating agreement, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the limited liability company. a.. Residing st Notary Pubtic in and for the State of My comneisaion expires REt1UEST FOR FULL RECONVEYANCE {To be used only when obligations have been paid in fuip 70: ~, Trustee Tha undersigned is the legal owner and holder of ail Indebtedness secured by this Deed of Trust. Ail sums secured by this heed of Trust have been fully paid and satisfied. You era hereby directed, upon payment to you of any sums owing to you under the terms of this Daed of Trust or pursuant to any applicable statute, to cancel the Note secured by ihts Deed of Trust (which is delivered to you together with this Deed of Trust}, and to reconvay, without our under to the parties designated by the terms of this Daed of Trust, the estate now held by y this Deed of Trust. Please mail the reconveyanca and Rastad Dccumans to: Date: Beneficiary; ey: 1$s: LASER PRO Lending, Ver. 5.39.00.008 Copr, Harland Financial Solutions, Inc. 1997, 2008, All Rights Reserved. - AK c:lcfiwinlCFf1LPL1G01.FC TR-67207 Pft-65 91 CITY OF KENAI PLANNING ~ ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS Apri] 23, 2008 - 7:00 p.m. I. CALL TO ORDER: a. Ro]] Cat] b. Agenda Approva] c, Consent Agenda d. *Excused Absences *All items listed with an asterisk (*) are considered. to be routine and non-controversial by the Commission and will. be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *April 9, 2008 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ08-18 -Buffalo Run 2008 Replat - A repIat of Tract 1 Buffalo Run. Subdivision, Phasa 1, the unsubdivided remainder of Nl/2 SW 114 Section 35 and. the Vacation of Klamath Avenue. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai; ° las'.a. 5. PUBLIC HEARINGS: a. PZ08-17 - A variance for an off-premise sign at Airport Way on property owned by the applicant to provide access to their proposed store. For the property known as Lot 1 B-4 Baron Park Subdivision Lowe's Access (256 Airport Way), Kenai, Alaska. Application submitted by Loundsbury & Associates for Lowe's HIW, Inc., 31.61 E. Palmer-Wasilla Highway, Suite 2, Wasilla, AK 99654. b. PZ08-19 -An application to rezone Tract C, Central View Subdivision from Conservafson, Suburban Residential and Rural Residential to Rural Residential. Application submitted by Rick Koch, 1314 Fourth Avenue, Kenai, Alaska. 6. OLD BUSINESS: a. PZ08-11 - A resolution of the Planning and Zor>iiig Commission of the City of Kenai, Alaska recorrunending to the Council that KIvIC I4.20.200 (Accessazy Structures} be amended by 1 } Adding a section zestricting the use or storage of canner-type structures in the central commercial and residential zones and 2) Requiring accessory structures be built to match the primary building on the lot and 3) Providing for temporary use of type- ; type strictures during construction projects and incorporating the existing requirement 92 Agenda Page 2 April 23, 2008 that accessory structures over I20-square feet require abuilding permit -Discussion. 7. NEW BUSINESS: 8. PENDING ITEMS: a. a. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.1 O.OI S requiring dumpsters to be screened on at least three sides. 9. IZEPORTS: a. Gify Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Zoning Bulletin (3/25(08} b. Commissioner Wells notice of absences 12. COlVIiV][ISSION COMMENTS ~& QUESTIONS: 13. ADJOURleTMENT: 93 CITY OF KENAI PLANNING 8s ZONINCx COMMISSION APRIL 23, 2008 7:00 P.M, CITY COUNGIL CFIAMBERS CHAIR JEFF TvTAIT, PRESIDING MII~LTTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. I-a. Roll Call Roll was confirmed as follows: Commissioners present: P. Bryson, G. Brookman, K. Koester, T. Wisniewski, S. Romain, J. Twait Commissioners absent: R. Wells Others present: City Planner M. Kebschull, Council Member R. Ross A quorum was present. 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda and Commissioner Romain SECONDED the mot=nn. There were no objections. SO pRDERED. 1-c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Wisniewski SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Excused Absences -- None. Approved by consent agenda. *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda. and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: *APPROVAL OF MINUTES -- April 9, 2008 94 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATIOR? ~F PLATS 4-a. PZ08-IS -Buffalo Run 2008 Replat - A replat of Tract 1 Buffalo Run Subdivision, Phase 1, the unsubdivided remainder of N1/2 SW1/4 Section 35 and the Vacation of Klamath Avenue. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting a rezone would be required to remove the split zone before the final plat could be recorded. Twait read the rules for public hearing and opened the floor for public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ08-18 with staff recommendations and Commissioner Wisniewski SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM a: PUBLIC HEAI2INCaS 5-a. PZ08-17 - A variance for anoff-premise sign at Airport Way on property owned by the applicant to provide access to their proposed store. For the property known as Lot 1B-4 Baron Park Subdivision Lowe's Access (256 Airport Way), Kenai, Alaska. Application submitted by Loundsbury & Associates for Lowe's HIW, Inc., 3161 E. Palmer-Wasilla Highway, Suite 2, Wasilla, AK 99654. Kebschull reviewed the staff report included in the packet, recommending approval. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. PLANNING AND ZONING COMMISSION MEETING APRIL 23, 2008 PAGE2 95 MOTION: Commissioner Romani MOVED to approve PZ08-17 and Commissioner Wisniewski SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the appeals process procedures 5-b. PZO$-19 - An application to rezone Tract C, Central View Subdivision from Conservation, Suburban Residential and Rural Residential to Rural Residential. Application submitted by Rick Koch, 1314 Fourth Avenue, Kenai, Alaska. Kebschuli reviewed the staff report in the packet, noting the rezone would remove a split zone and create one zone for the parcel. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ08-19 and Commissioner Romain SECONDED the motion. VOTE: Bryson YES - -- Brookman YES 'Koester 'YES Wisniewski YES Romai I YES i Wells ABSENT j wait YES ~ I~ MOTION PASSED UNANIMOUSLY. ITEM 6: OLD EUSINESS 6-a. Dxsaussioza -- PZSD$-1I - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council that KMC 14.20.200 (Accessory Structures) be amended by 1) Adding a PLANNING AND ZONING COMMISSION MEETING APRIL 23, 2008 PAGE 3 96 section restricting the use or storage of connex-type structures in the central commercial and residential zones and 2j Requiring accessory structures be built to match the primary building on the lot and 3) Providing for temporary use of connex-type structures during construction projects and incorporating the existing requirement that accessory structures over 120-square feet require a building permit. Kebschull reviewed the memorandum included in the packet, noting the resolution was returned from Council, postponing action on its ordinance until the May 7, 2008 meeting. Because this was a discussion item, a public hearing was not required, however, since there were citizens urishing to speak, the floor was opened for public comments. Jim Bookey, 1403 Second Avenue, Kenai -- Spoke in apposition to the resolution, stating all commercial zones should be removed from the ordinance. Bookey added, he agreed with the lot size issue for residential zones. John Mellish, 415 Kenai Spur Highway, Kenai -- Spoke in opposition to the resolution applying to all residenfial zones. Jim Doyle, Box 582, Kenai -- Spoke in opposition to the resolution for commercial zones but agreed with the lot size issue for residential zones. Clint Hall, 1212 First Avenue, Kenai -- Verified the General Commercial Zone (location of his business} would not be affected by the resolution. He added, he built a privacy screen to obscure his lot from the street. Hall agreed with the lot size issue for residential zones. Fsili Zubeek, 414 S'wires Road, Kenai -- Spoke in opposition to the resolution and questioned how many connexes were in violation. Robert Peters, Otd Town, Kenai -- Spoke in opposition to the resolution, noting he believed it would be unenforceable. BilY Stevens, Nikiski, Representing Inlet Drilling -- Spoke in opposition to the resolution, noting his business uses connexes for storage of oil spill clean-up materials, connexes were watertight, and decrease vandalism and theft. Pete Dickinson, 210 North Willow Street (Inlet Drilling), Kenai -- Spoke in opposition to the resolution, noting connexes were self-contained storage to keep equipment clean and do not leak. Neal DuPerron, 1624 Fathom Drive, Representing ®eean Beauty Seafoods, Kenai -- Spoke in apposition to the resolution, noting the commercial fishermen use PLANNING AND ZONING COMMISSION MEETING APRIL 23, 2008 PAGE 4 97 connexes to store gear ,over the winter and the resolution would create a fmanciat burden for them. Willsam Miller, 325 Main Street Loop, Kenai -- Spoke in opposition to the resolution, noting his lot was originally zoned industrial, but was now zoned central muted. Miller stated concern zone changes could affect connex use in the future. Roclry Smith, 335 Main Street Loop, Kenai -- Spoke in opposition to the resolution, stating connex usage was vital to his business. Barry Eldridge, 2479 Bowpicker Lane, Kenai -- Spoke in opposition to the resolution, stating the original idea was to screen connexes from the street and noted most construction projects need more than 90 days to complete. There being no further comments, the public hearing was closed. Commissioner Bryson requested administration schedule a work session, perhaps jointly with the Council, to discuss the issue. Council Member Ross noted he would request Council table action on its ordinance until hearing from the Planning & Zoning Commission. STEM 7: -- None ITEM 8: 8-a. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.10.015 requiring durnpsters to be screened on at least three sides. Kebschull reported she had drafted a new resolution that would be presented at a work session on May 14, 200$. ITEM 9: REPORTS 9-a. City Council -- Ross reviewed the action agenda items from the April 16, 2008 Council meeting, noting a budget request to pay Planning & Zoning commissioners $100 per month was being discussed. Ross also noted the Council was investigating opting out of the current APOC filing requests which would require a question be included on the October ballot for acity-wide vote. 9-b. Borough Planning -- None 9-c. P.dministration -- Kebschull noted the next meeting would be lengthy, involving dumpsters, the connex issue, and plats and plans to be reviewed. PLANNING AND ZONING COMMISSION MEETING APRIL 23, 2008 PAGE 5 98 ITEM 10: PERSONS PRESENT NOT SCSEI3ULED -- None ITEM 11: IN~`ORME4.TION ITEMS 11-a. Zoning Bulletin (3/25/08) 11-b. Commissioner Wells notice of absences ITEM 12: COMMISSION COMMENTS & QUESTIONS Ii`oester -- Appreciated the input from the public on the connex issue. Wisniewski -- None Romain -- None Brockman -- None Brpsan -- None Twait -- None YTEM 13: MOTYON: ADJOURNMENT Commissioner Romain MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approazmately 8:17 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING APRIL 23, 2008 PAGE 6 99 I~EP T F T`H MAY April 30, 2008 Mayor Pat Porter City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Honorable Mayor Porter, cfreas@ci.kenai.ak.us The EDD has appreciated participation and support from the City of Kenai members of the Board. ~i./o /o~r'e,^ ul~ Flo/lCe,~:rJ With the resignation of Andrew Riddell, rom the City of Kenai a vacancy on the Kenai Peninsula Economic Development District, Tnc. Board of Directors is vacant. KPEDD is requesting the City of Kenai make an appointment to complete the term tha*. expires December 31, GVGI. Board appointments run for three (3}years. The term for the new appointee would commence on the date approved by the council and would expire on December 31s~, 2009. The next board meeting is at neon on May 15`h, 2008 at the 1-Tourer Library conference room. Please contact me if you have any questions Sincerely, Kenai Peninsula Economic Development District, Inc. Dee Gaddis Programs Manager 14896 Kenai Spur Hwy, Suite 103-A - Kenai, Alaska 99613 907-283-3335 ext223 wwwlk~etjd.org ,/~ ~~,~,'? ~. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907} 283-7535 /Fax: (907) 283-3014 -, _ ~,-._ - www.ci.kenaLak.us ({ee a~a~ ~~N~, ~~Q V Q UIVI TO: Mayor and Council Members FROM: Carol U. Freas, City Cl¢~~:~ „ ,, , / DATE: May 1, 2008 L ~'T-~~ RE: ECON®tYLIC DEVELOPMENT DISTIt2CT BCiARD APPOINTMENT` On April 30, 2008, I received a call from Dee Gaddis at the Economic Development District, who stated she would need a letter confirming the appointment of Sal Mattero as the city's representative to the Economic Development District Board. During our discussion, I mentioned it was my recollection council approved Mr. Mattero's .representing the city in the Bolchoy Kamen economic development relationship and not as a member of the board. At that point, we had not received any notification a replacement to the Board was needed and requested Ms. Gaddis send a written notification of need for replacement. That letter is attached. Subsequent to receiving Ms. Gaddis' letter, Mayor Porter and I discussed the issue and confirmed from the minutes of the February 6, 2008 council meeting icopy attached), Mr. Mattero was appointed only to represent the city with regard to the Bolchoy Kamen relationship. At that time, I also reminded Mayor Porter, Mr. Mattero had recently been appointed to the City of Kenai Personnel Arbitration Board and Kenai City Code prohibits appointees to the Arbitration Board to hold any other office or position in the government of the City of Kenai [KMC 23.35.032~b), copy attached]. Mayor Porter and I decided she would discuss the possibility of appointment to the EDD Board with Mr. Mattero and I would consult with City Attorney Graves related to whether Mr. Mattero could be appointed to bath of the boards simultaneously. After discussing the matter with Attorney Graves, we agree the purpose of the prohibition of members of the Arbitration Board representing the city in another manner is to keep those members independent and any decisions made without prejudice. We also agree, Mr. Mattero could not be appointed to the EDD Board as the city's representative without removing him from the City's Personnel Arbitration Board as directed in KMC 23:35.032(b). If you have any questions, please contact me. clf Attachments cc; Cary R. Graves, City Attorney 102 COUNCIL MEETING MINUTES FEBRUARY 6, 2008 PAGE 15 I-7c. Mini-Grant Steering Committee -- Mayor Porter noted her desire to appoint Tim Wisniewski and Tina Baldridge (applications were included in the packet) for appointment to the Steering Committee. Council had no objections to the appointments. ITEM J: REPORT OF TKE ME4YOR -- Mayor Porter noted the following: • Suggested Sal Mattero be appointed as a representative with regard to ~' the Bolchoy Kamen economic development relationship. Cauncil had no objections. • More "Trees on Wiilou~' were being planned and an ad would be included in the Kenai Chamber of Commerce newsletter. • The Kenai Convention & Visitors Bureau joined in the effort to move the historical cabins. • Referred to the file obelisk on display at the Visitors Center and noted, a grant application had been submitted to purchase the obelisk and the Center may need some financial assistance from the city. • She met with representatives of Love Inc. and discussed their search for a place in the city to be used as a homeless shelter. ITEM K: AUMINISTRATYOPi REPORTS K-l. .City Manager -- City Manager Koch reported the following: • Discussions with Beacon Safety &v Training related to the use of the PRISM facility were moving along and a target date for coming to agreement was set far February. • Referring to the introduction of Ordinance No. 2280-2008, he noted 'rYie ordinance would receive public hearing at the February 20 meeting, however he wanted to move forward with advertising the position opening. He added, Jack La Shot, current Public Works Manager, had submitted his letter of resignation/retirement effective the end of April. Council stated no objections to moving forward with the recruitment efforts. • He would be traveling to Juneau in the next week. • Noted revenue sharing u*as approximately $370,000 last year for Kenai and he estimated there would be a signii"icant increase in the state's proposed operating budget. • He would be traveling to Washington, DC to discuss bluff erosion with the delegation staff. • The Lowe's plans were being advertised and the City's review was ongoing. Other comments included: • Referring to the Department of Community and Economic Development letter included in the packet noting its population count for the city, Koch was requested to acquire a copy of the supporting information the City of Fairbanks used 103 23.35.020 and health regulations and Ciry law and policy regarding the same.. (Ord 1670-95} 2335.030 Fot~ss of drsciplinary action. (a) DiscigIinary action ranges from oral or written reprimands to suspension, demotion, and finally dismissal from the City service, and depends on the severity of the offense as well as the num- ber and the frequency of previous acts of mis- conduct (b) It shall be the duty of aII City employees to comply with and to assist in carrying into ef- fect the provisions of the City's petsonnet roles and regulations. No employee shall be disci- pained except for violation. of established rules and regulations, and such discipline shall be in accordance with procedures established by the personnel rules and regulations. (c) Every department head shall discuss improper or inadequate peifotmance with the employee in order to correct the deficiencies and to avoid care need to exercise disciplinary action. Where appaopriate, disciplinary action shall be of Increasing severity. (d) A written notice shall be given each employee for each written disciplinary action stating the reasons for the disciplinary action and the date it shall take e wu >:te ..otice s hall b,° g':...n to the employee at the time such action is taken. A copy of the notice signed by the employee shall be placed in the employee's personnel file and shall serve as prima facie evidence of delivery. (e} A11 regular employees shall have the right to appeal disciplinary action taken against them withtn five (S} working days after receipt of notice by employee of the disciplinary action. Appeals shall be made as grievances in accor- dance with the provisions of KMC 23.35.040 except that appeals from suspension, demotion, or dismissal shall be made directly to a Person- nel $oard selected from the Arbitration Panel provided in KMC 23.35.032 by filing such appeal in writing with the City Clerk, setting forth the background, the disciplinary aefion, ;' and the reasons why the disciplinary action is felt to be unjust. (Ords. 336, 537, 89-1347, 1870-2000) 2335.032 Arbitrefon panel. (a) There is hereby established an Arbitration Panel consisting of twelve (12) members who shall be chosen by the City Council from nomi- nees made by Ciry employees and by members of the City Council. (b) A member of the Arbitration Panel must be a resident of thecily of Kenai and must nothold any other office. or position m the government of the-City of Kenai. (Ord. loll-94} (c) Members of the panel shall serve for indefinite terms until termination by the Council, resigna- tion by the member, death, move from the City of Kenai, election, or appointment as an officer or employee of the City of Kenai, or incapacity of the membez. (d) $y adoption of this ordinance, the city hereby waives any claim or tense of action it might have against any member of the Arbitration Panel based on his or het service thereon or on a Persormei Board. Any employee, by filing an appeal under the provisions of this chapter, likewise waives any: claim os cause of action °,.ch e..Y,loyee might ha.,. aga,rw any member of the Arbitration Panel based on his ar her service thereon or on a Personnel Board, and if requested such employee will execute and file a formal waiver at time of filing appeal. (Orris. 537, 619) 2335.034 Procedures on appeal. (a) 9Jithht five (5) warkitig days after the filling of a wriuen appeal with the City Clerk, the City Manager or the designee of the City Manager shall file with the City Clerk an answer in writing to the appeal setting forth aay facts which might be in dispute in the appeal, and setting forth the reasons why the actions are believed to be justified and the City Manager or his designee shall serve a copy of the an- tx~ iz-i-oo> 408 104 ., .`~., flEPLY TQ ~--' arTENrtON OP: Civil Project Management Sraneh. Pat Porter, Mayor City of Kenai 210 Fidalgo Avenue Kenai; Alaska 99611 Dear Mayor Porter: DEPARTMENT OF THE ARMY U.B. ARMY ENGINEER OI5TRICT, ALASKA P.O. BOX 6898 ELMENQORF AFB, ALASKA 9950&-0898 C'C---~ ~ ~~~.~~~~ April 29, 2008 WI~E "' fo; LQ~U ~~ ~I ~~ Your community was contacted regarding erosion problems your commumity may be having. The Corps and its contractor have used this information to develop the attached erosion information paper (EIP) for your commtLrity. The intent of this EIP is to help the Corps and other decision makers determine which communities have erosion problems that need further investigation, and how soon the further assessment should occur. The EIP does not contain any recommendations for a proposed project, nor define what it would take to address your erosion problem. The EII' are only collected information. Because this information was gathered from both existing reports and talking with members of your community, we need your review of the ElP to ensure the information is correct. Please review the EIP and send continents back to rne. Once you have provided yourcormnents we will make the appropriate corrections. After the corrections are made we will release the document to the general public via our website at wwi=~.alaskaerosion.com. ?f your erosion sihaation chaz7ges or more information becomes available please nofify me so your community's EIP can be updated. Please send any comments you might have to me at Melanie.A.Hanop@usace.anny.mil. Thank you for your time in helping gather good information regarding the condition of erosion. in your community and Alaska as a whole. Please contact me via email at (907} 753-5694 is you have any questions or concenrs. Sincerely, rF r Melanie Harrop 'f Project Manager 105 wa W Z W eG,.e W ry~ W a~ ~o Sao ~ m~o~~ v m ~ ~ ~ Y "a ~ >, Ci a ~ en'a ~ ~ ~ o '~ ~ m F ~w ~ N u ti ~ ~ ~o ~ .u a ~ N G y ~ ro ~~ a w l m ~ m m~ ro° N~ ~~po~~ ~wMm [.o E nq a~ h~ a E o~~.n> w ° ° r.,uo ;;~~ „' ~d N N cad ~p ° w m ~ > o, m " ,O o • F .`a ~ ° a~ ~ m .o o '.~~ 3 N ro o u .s] y, s ~ ~ `~ m~ o~ °v of w v o `~ ~ '_' ^' ~ °w 'ti v `~ ~i 'C a o ea ~ ~,~ v ~°, m °o ~"~ ~ N c .~ ~i ~ w0 W .y ~ Gj W u O ~ ~ N .^. W ~ r ° O 6J tSl ~ ~ ~ ~ W ~ M ^ i„ ~ .^'. 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The City Manager reserves the right to change the rate schedule at any time. There is a 6% sales tax added to the total invoice (3% City and 3% Borough). i2ATE SCHEDULE SUMMARY 'i Purchases Purchases Purchases j __ Under 500 500 al. 2000 ai. ' Gallons or more or more ?. I Fue! Gasoline Re ular 3.85 3.80 i State Marine Tax i. .050 i .050 Federal Tax ! :184 .184 Tota! $I al. 4.08 4.03 ~ I ~ Diesel #2 ~ 4.696 4.646 4.378 I State Marine Tax_;__ .050 050 i .050 i Total $! ai. ') 4.75 4.70 ,__,_4.43 _ ~ 3. 'Used Oii Dumping ~ 4 t Launch Ram $1.00/gal. i 0-10 min. _ $15.OD j Includes Parkin with Trailer ' Each min. over 10 min. _ $1.00imin 5easonai pass per boat = $150/season I 5. ~ _ ' P gktnra Only--- ! If with trailer, must a launch fee $10.00(da . Seasonal Pass for Parking $10D.00/Season ' 112 9. ~ Other (terns See Dock Manager Prior to Use Finance REP T F THE I L t ~~.rN~ ~~ „l/il~~e r~it~ a rest Gi r~c`th a ~~ture °` 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us FROM: Carol L. Frees, City Cler~~~~ ~ DATE: April 29, 2008 RE: SPECIAL ASSESSMENT PETITION -- AMES ROAD SOUT73 OF BEAVER LOOP ROAD - R~gz:est for Paving On April 22, 2008, a Special Assessment Petition was received in my office for paving of Ames Road South of Beaver Loop Road. NOTE: The petition does not include Basin View Way. According to KMC 1b.05.030, the petition shall be sib°ned by the owners of fifty percent or more of the properties which will be benefited by the proposed improvement. The petition has sufficient signatures of property owners and a description of the requested improvement. A copy of the petition has been forwarded to City Manager Koch for his review. According to KSYtC 15.10.010, ~xrithi_n_ sixty days crier the filing of the petition, the City Tvianager must forward a survey of and report on the proposed improvement, scope, estimated cost, etc. to the City Councff. Based on the time table required by Code, the following deadlines are noted: Petition Receipt: Sufficient Signatures Found: Submittal of this memo to City Manager: Sixty-day period. ends: Report to Council by: 'Prelim. Assessment Roll to Clerk by: Resolution One/Setting Public Hearing on Preliminary Assessment Ro11: clf April 22, 2008 April 23, 2008 (19 properties) 11 signatures) April 23, 2008 June 23, 2008 (Jose 22 is a Sunday) June 18, 2008 (last ccuncit meeting date within the 60-day period) July 18, 2008 Within 30 days =August 6, 2008 Council NSeetiag (30 days earls August 17, 2008}, 114 ~~~~~ M _.: 3. a..~ ,j~i`~l~~e F~dIG~ !~ Past, ~1~j1 G6Jlj~ ~~uts~~°e~® 210 Fidalgo Avenue, Kenai,/Alaska 996 1 1-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us FROM: Carol L. Freas, Cityy~ler, k DATE: ftpril 29, 2008 J~,~p~4~' RE: PROGRESS REPORT -- SUGGES2E1i °GdVERR>MEhTT PAGE" Several months ago, Sherry Biggs (Kenai Peninsula Borough Clerk}, Teresa Fanning (Soidotna City Clerk), and I met with Stan Pitlo (Publisher) and Evy Gebhardt (Advertising Director) of the Peninsula Clarion and discussed the possibility of a "government page" for weekly inclusion in the newspaper. We agree a government page offers a regular, easy place for readers to learn of upcoming meeting information of the three government entities, however there are a number of concerns also needing to be considered. Resulis of the meeting discussions were: • 'Deadlines vary for each of the three government entities depending on the issue [many concerns with deadlines; i.e. last minute additions/deletions, and for the meetings to be placed properly under the correct heading (KPB, Soldotna, or Kenai)]. • The format of the page would require a distinct border between each government entities' information. • Due to the number of meetings between the three government entities and information, the page layout would best be titled as a "tentative schedule" of the meetings of the week. • The advertisement size could be up to one-quarter of a page. • A notice of "meetings are subject to change" and "please call to confixm" with contact. information for all three Clerks would be included in each ad. • A suggested layout and cost information will be provided (not received to date, however the information is to be received by the May 7 council meeting). Additional information/considerations include: 115 Memorandum/Government Page Update April 29, 2008 Page 2 of 2 • A meeting calendar would be in addition to regularpublic notices which include specific information related to each meeting, i.e. meeting agendas, work session topics, eta • An increase in advertising budgets should be anticipated. • Whether to move forward with all three gavernments participating will depend on each entity's approval. Please contact me with questions you may have. Clf 116 f ~~;~ ~, _. :: `°°~~~~e ~it~t ~ P~ ~i ~tlr ~ ~~tr~~e" 21 G Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: {907} 283-3014 www.c+.kenai.ak.us FROM: Carol L. Freas, City Clerk City of Kenai DATE: Viay 1, 2008 RE: UPDATED COMMISSION/COMIdITTEE MEETYNG ATTENDANCE REPORT Attached is an updated Commission/ Committee \Reeting Attendance Report for your information and review. KMC 1.90.050(b) states, if the commission, committee or board member shall be absent, without the body excusing the absence for good cause, from more than one-half of all the meetings of hisJher committee, commission ar beard, regular and special, held within any period of three (3j consecutive calendar m ~3n th5, iie,~ 91ie Shall thereupon. Cease" t0 hold the Seat. A COiTiriAiss36R. cornrnittee or board member may not have more than three {3) excused absences during a twelve month calendar year. The entire Chapter 1.90, Standard Procedures for Boards, Commissions and Committees is attached for your information. It is my understanding there may be a problem in regard to more than two members of the Parks & Recreation Commission who do not reside in the city (Wortham, Beesan, and. McDonald). I will be researching this concern. KMC 1.90A30(bj states, The Beautification Committee, and Harbor, Library, and Parks and Recreation Commissions may, at the discretion of the council, have up to two non-resident Snembers each. elf Attachments 117 i ' ~, ~ ~ ~il ~ ~ ;~ ~ ~ , . ~, ~ ~\ 00 \ \ c~ w u~ ~ ~ ~ w ~ w o a ~ ~ ~ ~ ® '~ a W a ~ ~ ~ O d ~ ~ a ti ~ g ~ t~ g U ~ ~ ~ m a a ~. A o ~ ~ ~ Q ~ ~ ~ ~ ~ ~ w ° ~ 1 $ A z W ~ w Q a ~ ~ ~ ~ \ ~ ~ ~ F W O ~ ~ ~ ~ ~" ~ tf~ ti .w. ~ a N va ~ ~ W ~ fk 0. ~+ O ~ C% ° W W ~ p~ f~ U R.° a v a h ~ ~ w a 11 w a z w w W d A x F W W ! ,~` _4 J hg~~Q C~ ~ ~r ~ w /~ ~ Z W ~ M ~ N ~ u ~ ~ ~ Q H (w ~~a ~ ~ °ze ~ ~ ~ ~+ ~ ~ ~ W ~ ~ ayr T U ~ ~ ~ ~ a PdJ ]i ~ ~ ~ a 2 `~ . `~ vp a a ~ z a z ~ a ~ ~ ® H ® O w ~ a O d ~ ~ O ° a., ~ c °~ a a z a ~ ~ l l a ~ '`° ki: '. q ~ Q ~ ~ 0.i ~ ~ p ~ H W W Z ~ ~ ~ W ~ ~ W w ~ C7 ~ d ~ ~ W W ~ ~ ~+ H (Uj ~ a ~ '~ O v v w cxa ~ ~ G4 ~ 2 ~ m w ~• a z W i ~ ~. ~.,-~ ~~ p a ~ , ~ ~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. o ~ ~ ~ z ~ z Q ~ a ~ w ~ ~ ~ x ~ ~ t ~ ~ ~ ~ ~ ~ \`i4 `~.. ~.. ~ ~ ~• f~Q ~ ~~ ~ ~ ~ Q ~ ~ i 1 ~ ~1 ~ ~ Rd a" W Z ~\ ~ ~ ~ ~ ~ ~ ~ ~ '~ ~ ~ a ° `~ a a, a H ~ ; l w c A N W W r ~r ~ ~- ~ ~ ~ ~ ~~ ~ ~ ,~~~ ~ ~ ~~ Chapter 1.9a `STANDARD PROCEDURES FCBR BOARDS, ~ COMMSSSI©NS AND CQ ES Sections: 1.90.010 Crearion, 1.90.020 Duties. 1.90.034 Qaalificstions. 1.90.040 Terms. 1.90.050 Proceedings. 1.90.060. Specific requirements of boards, commissions and committees. 1.90.010 Creation. All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (~ members who sbaIl be nominated by the Mayor and confirmed by the City Council fram applieatiotts submitted to the Ciry Clerk, A chairman and vice-chairman shall be selected annually and shall be elected from and by the appointed members. The Mayor and one !Council Member elected by the Council as ex- officio mcrnbers and as consultants of any board, commission or committee, may attend all meetings, but shall have no votirsg power on the board, commission or committee. A member ofCauncil or City administrative staff shall attend all meetings of boards, con nnissions any co~?tttees and supply staff support. 1.90A20 Dnties. (a) Members of boards, commissions and committees shall be required to establish policies relating to their respective or~nization. They shall act in an advisory capacity to department heads within the City Administration if there are such departments in the City organization that directly relate to the board, commission ar committee. (b} If the board, commission ar committee has income stated within rise City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish expenses projected for the year for approval by the City I%Council. 1.9a.030 Qualificatfoas. (a) A metuber of a board, commission or committee must be a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Couacii fram this requirement. The member cannot be an officer or employee of the City of Kenai. if any member should move his residence from the corporate limits of the Gity of Kenai (if applicable}, is an officer oz employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, butwiii be reimbursed for all reasonable expenses rrrciured in connection with this service, only after approval by Council. (b) The Beautification Committee, and Harbor, Library, and Parks and Recreation Comrmssians may at the discretion of rho Council have up to two non-resident members each. (Ord. 1948-2Q02) 1.90.040 Terms. (a) A member of a board, commission or committee shall serve for a term of three (3}years, unless the board, commission or conmrittee is specifically exempted by Council fram this requirement. At renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a replacement. (b? The terms of rho initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one year, two members will be appointed for two years; and two membees will be apptointed for three years. Terms shall contmerrce on Ianuary 1 of each year. 1.90.050 Proceedings. (a) All boards, commissions and committees will have rcgufarly scheduled meetings which shall be open to the public. Exceptions m the meeting requirements shaII be established by Council Permanent records or ariautes shall be kept of alI peoeeedings and such minutes sha11 record the vote of each member upon every question. Every decision or finding shall immediately be filed irr the office of the City Clerkand shall be a public retard open Yo inspection by any person. Ail acts of 32 (S84-7/26N4) 125 1.90.050 boards, commissions and committees are ~ h subject to the paramount authority of the Ciry ' ~` Council. (b} If the commission, committee or board member shall be absent, without the body excusing the absence for good cause, from more than one-half of all the meetings of his/her committee, commission or board, regular and special, held within any period of three {3} consecutive calendar months, he/she shall thereupon cease to hold the seat. A commission, committee or board member may not have more than three (3) excused absences. during a twelve month calendar year. (c} In all matters of parliamentary procedure, Robert's Rules of Order as revised shall be applicable and govern ail meeting, unless as specified in KMC 1.15.060 motions, KMC 1.15.100, speaking; and KMC 1.15.110, voting. (d} The responsibility of Ensuring that all members of boards, commissions and 'i~ ' committees receive a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. (Ards, 1620-94; 2017-2003; 2050-2004; 2140- 2006) 1.90.060 Specific requirements oFboards, commissions and committees. Requirements of boards, commissions and committees as set Forth in KMC 1.90 are general requirements and shall be followed to the extent that they do not conflict with apacific requirements Found in code sections specifically pet~cainiag to individual boards, commissions and committees. (Orda. 1223, 1239) };, .. 3 3 (Krnai Supp. No. 87, 4GGl 126 INFO TI N ITEM INF®RMAT%ON YTEMS KENA% C%TY COUNC%L MEETING MAY 7, 2008 L S f 7/2008 Purchase Orders Between $2,500 and $15,000 for council review 2. 4/28/08 Public Works Department, Project Status 12eport. 3. Commission/ Committee Application of Maya Ala Jahnsan (Student Regresentative to the Councilj. 4. Draft Ordinances -- a. Amending KMC 14.05.010 by adding a new subsection to compensate Planning & Zoning Commissioners at the rate of $100 per month. Amending KMC 1.80.010 by increasing the Mayor's salary from $900 to $1,000 per month and Council Members' salaries from $400 to $500 per month. 5. Kenai Peninsula Air Fair Notice f Poster. 4J27/08 Sherry McBride/Kenai Cafe Letter of Transmittal. -- Spring hours of operation announcement. 7. 5(1/OS S. Carter thank-you letter regarding beach activity. 8. 2/25/08 Kenai Convention 8v Visitors Bureau, Inc. Board meeting minutes. 9. 5/6/08 Kenai Peninsula Borough Assembly Meeting Agenda. 10. 5/8/2008 Kenai River Special Management Area Advisory Board meeting agenda and minutes of the 4 J 10/08 board meeting. 11. 4/29f 08 C. Crame, Fisheries Policy Advisor letter related to moving Soldotna Office of Alaska Department of Fish 8v Game to Anchorage. 128 O O ~': r Q O O O M r O p p ~ ~ ~ Q ~n tNp ~ O N M m M C~9 4n ui ~ cp v er w ~n ° ai _ v U 2 U Er d o° °o a ui V9 Q Q ~^ O ~ N Z h `"s t°~ m w ~_ o ~ ~ ~ O w y U ~° ~_ ~ Z Z _~ _Z O O O O O ,,.,! "' fit o O J ~ 0t5 ~ a O J g O J ~ W (3. a otl tl: a 05 0.^ a VS o 075 K a tJ1 m N K to th ~ ~2" ~ m K O Z w U .~ d ~ dN' m J ~ ~ 0] Q O VJ a ~-' '~ f/) w U _~ CI. z Q ttl ~ Z ~U ? u..t O] ~ m ..f ° W _~ Q 0 U ~ u. LY O Z 2 ~ O ~F L I ~ U r U Z ri G L ~ ~ r ~ ~ i! F ~ ~? w ~ ~ a o 4 U W ~ O i- 4 U ~ O t q m ? ¢ rn Uw' a . ~ t=n d J ~ U 4 d' U „,. d O C ~ ~ ~ C7 ~ Q J U ~ ~ N y a ~ ~ ~ ~ w w ~ > ~ a ~ ~ o w ai O }~ y U O U a U ~ ~ ~ J J U ~ ~ ~ ? 1 ~ ~ O cY ~ O ~ r t ~ U ~ Y ~ Z U' ~ ~ ~ ~ m ~ ~ ~ ~ Y ~ g `~ g -1 2 ~ S RK -Rick Koch Proj ta ect tus deport NC=Non•Construcfion F=Future RS -Robert Springer MK -Marilyn Kebschull STIP=State Trans. Imp a~xe~~~ City Cm~taet Prnject Name Status S~ A JL Airport Runway Safety Generators installed and tested. ZonetExiension A JL AP Urea Siorage Building Bid opening May 22. A RK Kenai River Bluff Erosion The Corps has received funds to help with the Control Project design and answer any questions from the study and agencies including obtaining the Corps Permit. City wadcing with Corps consultant. Tetra Tech main consultant. R&M drilled monitoring welts. A RK LID's -Shamrock Circle Will be scheduled for paving during this year's projects. A RK Marathon Road Improvemen ts Engineering underway. A JL Public Safety Garage Plans being revised, then out to bid. A RK Tiiorripson Fark LtD old opening May 14. A RK Water System Drilled one well in Eagle Rock area, but arsenic levels were too high. Testing near well houses, golf course, and boat launch areas. A JL Wildwood Drive Improveme nts Preliminary engineering complete. ROW issues. Project on hold. F JL Contaminated Soils -Shop No funds for further work. Monday, April 28, 2068 Page 1 of 1 130 r.~~ :r ~~. Jie ~`0~~,~ ~. ~~ CITY ~F' I~TAI '° viiiage with apart -City with a future. " BACKGROUND AND PER$C3NAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES .AND COMMIES%ONS ~~~~~~ APR 16 2x08 DATE: `~_ ~~ -~ NAME: RETURN TO: KENAI CM`Y CLERK 210 FIDALGO AVENUE KENAI, AK 99611 pxoNE: Zsa-7sas, ExT. aal FAx: 2sa-s®6~ Resident of the City of Kena€? ) ~' ~ How Fong? ~ ~ U CGZ C:S Residence Address Mailing Address7a~~`~ ~ "(J7,'~ L,u~vin S~ KYVkA i Home Telephone No. ~.e% 2ta3 -c,87V Home Fax No. ~ _ Business Telephone No ~o 7 2 f3~ ~2f tc(c Business Fax No. ~ ~o- Email Address: ~~~So i u ~ fie' ~ c' e ~ s 1 C71. (e~ aH tx",CcS M May we include your contact information on our web page? ALL If not all, what information may we inelude? Ue,S EMPLOYER: NAME OF SPOUSE: Joh Title Current membership its organizations: \~icQ Ptl S~c~iu;'t~ ~ ~'tF ~c ~ic~#' l~iG.r~:2,1~ organizational memberships: ~6CIL ~E'2s~cler~k rrF ~'rl, Cf.~.tY1Cx[ t tGGYGS ~YeShma.,,1 OR COMMIBBIONB IN WHLCH YOU ARE INTERESTED: WHY P® YOU WANT TO BE INVOLVED WITH THE8 COMMISSION OR CO EE7 ~~ Si atui '~ 131 WHAT BACKGROUND, EY.PERIENCE, OR CREDENTL9LB DO YOU POSSESS TO BRING TO THE BOARD, Suggested by: Council CY1'Y CDF E~EENAI ORI1IIoiANCE NO. *-2C}O8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.05.010 BY ADDING A NEW SUBSECTION TO COMPENSATE PLANNING AND ZONING COMMISSIONERS Afi THE RATE OF $100 PER MONTH. WHEREAS, under Titte 29 of the Alaska Statutes, the Planning and Zoning Commission has decision making authority for a variety of important planning and permitting land use issues for the City of Kenai; and, WHEREAS, the members of the Planning and Zoning Commission now receive no compensation for their duties; and, WHEREAS, based upon the considerable time devoted to the dufies of Planning and Zoning Commissioners, they should receive compensation of $100 per month; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, that: KMC 14.05.010 should be amended by adding a new subsection (d), as follows: jdl Members of the Planning and Zoning Commission shall be compensated at the rate of 5100 per month. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this dayy of *, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: *, 2008 Adopted: *, 2008 Effective: *, 2008 132 Suggested by: Council CITY OF KEDTAI C1Ri3I1YANCE NO. *-2008 AN ORDINANCE OF THE COUNCIL OF THE. CITY OF KENAI, ALASKA, AMENDING KMC 1.80.010 BY INCREASING THE MAYOR'S SALARY FROM $900 TO X1,000 PER MONTH AND COUNCIL MEMBERS' SALARIES FROM $400 TO $S00 PER MONTH WHEREAS, based upon the substantiat time devoted to the duties of the positions of Mayor and Council Members, it is equitable to establish compensation for the positions at $1,060 per month for the Mayor and $500 per month far members of Council; and, WHEREAS, Section 2-3 of the Kenai City Charter states that no increase in such compensation shall take effect until the next regular city election fallowing the increase; and, WHEREAS, pursuant to the Charter, the pay raise for the Mayor and Council in this ordinance will not begin until November 6, 2008; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KEATAI, that: KMC 1.80.010 be amended to read. as follows: Setting: The Mayor shall receive a salary of [~w90Uj 1 G00 per month. fine other members of the Councii shah receive saiaries of ro4v0' ~50v er rnontii. These ~ lip salaries shall be in addition to the reimbursement for expenses as provided for by Charter. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: *, 2008 Adopted: *, 2008 Effective: Navernber 6, 2008 133 134 K Letter of Transmittal Oate: Apnl 27, 2007 To: Kenai Munictpat Airport City of Kenai: Kenai City Manager and City Council From: Kenai Cafe Sherry McBride -Owner/Manager 305 N. Willow Street, Ste. 100 Kenai, Alaska 49b11 • The Kenai Cafe will be starting our spring hears on May 1~` opening Monday thru Friday at Gam and clasing at 5 pm. (Saturday and Sunday will remain at 9 am to 4 pm) Cris l~~a~ip~& ~sl'~ ~i~i, s~-`~es~a~~e$ 135 SUE C. GARTER Post Office Box 212 Kenai, Alaska 99611 Telephone: 907-283-9272 Email: carter(a?aesalasl€a.net May 1, zoos ta~~a~~~ APR ~ 4 2008 Mr. flick Koch, City Manager City of Kenai 210 Fidalgo Stroet Kenai, Alaska 99611 Dear Rick: E(~NAE ~i i'V ~~E~tt Again, my thanks for responding to the concerns of my neighborhood relative to the racing activity on the beach below Toyon Way and within the Municipal Park. Because of your immediate action, and that of the Kenai Police Department, we have seen a major improvement over the raise and racing of ATV's and dirt bikes. At one point of time, there were eight such vehicles racing on the beach that 1'rterally took over and made it impossible for those wishing to walk and or play on the beach without concern for their safety. I've been doing some research and find that the beach grasses poking up through the sand begir. to tr ap the sand particles and as the sand behind the grasses accumulates, it becomes the nucleus of a dune and it takes about 100 years to make a dune. It is very concerning to think that a few of our residents have no regard for such a special and beautiful place and are constantly driving over and damaging the beach dunes and beach grasses. I don't mind vehicular traffic on our beach but wish that another access for all vehicles might be made available beyond the dune areas on the other side of Redoubt SubdivisionY Anyway, we shall hope that some solution will be found in the future that will enable us to preserve and protect this very special area in Kenai. But, in the meantime, l thank you for caring and addressing an issue that is of concern to many who so enjoy the Kenai beach. Sincerely, !I Sue Carter CC: Members, Kenai City Council 136 KENAI CONVENTION & VISITOlBS BISREAU, INC. Regular Board Meeting - Monday, February 25, 2008 MINUTES CALL TO ORI9ER A. Cali to Order and Rofl Call Present: Directors Braun, Malston, Maltby, Nelson, West and Wheeler, Steckel. !also present: Counedimaa Boyle, liaison from City of Kenai. Exsused Absence: Direckor 6rtiz, Absent: Director Brower B. APPROVAL OF AGENDA The Agenda was approved as distrlhuted C. APPROVAL OF MINUTES Minutes of the meeting of January 28, 2008 were approved as dnstributod. D. PER5ON5 PRESENT SCHEDULED TO BE HEARD Ciky Manager Riclc Koch came before the BOD with an update on the heating system. Mr. Koeh reiterated from his precious visit the costs Che City anticipated receiving tram the litigation with the original contractor. The Ctty now estimates it will receive approximately $406,006 in the fSnal settlement. Aowever, the fetal cost estimate for replacing the heating system on-floes is approximately $800;000. The City is now examining the possibility of installing some baseboard heating systems {in office areas, kitehen, storage, etc.} and in the exhibiUdisplays rooms will be leaking at an overhead air system. The City will keep the KCVB apprised of further developments and time- lines for the everall project. E. FINANCIAL REPORT 1. Board reviewed tke Balance Sheet, Profit & Loss Statement and Previous Year Comparisons as of January 31, 2008 and nnanimousfy aceapted the reports as submieted 2. Sue Carter, Interim Executive Director, requested that the Board consider finalising input and approve tine Budget FY 200& MOTION: DIRECTOR Braun moved, seeonded by Director ]!'Iaftby, for approval of FY 2008 Budget. MO'T'ION PASSED UNANIMOUSLY. F. UNFINh3I3ED BUSINESS I. Executive Direotor Interviews The Board was advised that one candidate for the ED position had requested their resume be withdrawn as she had aeeepted a position elsewhere. Brand's! O'Reagan called the office at 3 p.m, today to advise that she would be moving to Ancharage. CLOSED SESSION: The Board adjourned into Clased Session for the purpose of interviewing Natasha Aia for the position of Exeoutive D'nrector. 137 MINUTES -Page 2 The Board returned to open session with the fo4lowing results of their actions within closed session. MOTION: Director Braun moved, seconded by Derector Nelson, that the position of Executive Director fur the KCVB be offered to Natasha Ala, with a one (1} year probationary time frame with quarterly reviews and a wage and performance evaluation at the end of the six month period with authority to the Executive Committee to increase the salary accordingly. It was further directed that Interim Executive Director Suo Carter wi{I remain For a period of three months {Marsh to .Inns} and will serve in the capacity of mentor and professional development to the new Executive Director. MOTION PASSED UNANIMOUSLY Board President Ron Malston and Director Shawn Maltby will meet with Natasha tomorrow to present ties offer for her consideration. Meeting will take place at 2:00 pm. G. NEW BUSINESS None H. REPORTS I. Patrons of the KVCC -Board reviewed the minutes of the first meeting of the Patrons which was held on Tuesday, February 19, 3000. The next meeting will be on Monday, March 24`". 2. Exhibits/Displays -Board reviewed the February report in which the Center hosted a solo exhibition by Ron Levy entitle "Relevance; the Search for Meaning in our lives, conneMion through People, Animals, Earth, Spirit". Also, an exhibition of artwork from the Christ yenness graphic illustration workshop sponsored ity the Kenai Community Lebrary; a "can-struction" sponsored by the Kenai Peninsula Food Banlc as wei8 as a special evening with local area photographer, Greg Daniels, a slide show about South Africa, in which admission was the price of a can of food for the Kenai Peninsula Food Bank. The Center also hosted historian Sohn Branson who presented a lecture on the history of mining and prospecting in the Bristol Bay watershed and February 19'" through March 5`", award winning 4-H educational posters will be on display. Also, the Board was presented a press release about the AASHL Sfandards Project, a national standards project that wi13 generate information that wdll be beneficial for not only our organization but other small museums and Cultural Centers in Alaska and the United States. We will be working directly with Scott Carries with the Alaska State Museum. 3. Membarship/Marketing The BOD was advised that the KCVB currently has 172 paid memberships as well as 56 reciprocal members. A "What's Happening at the KVCC ad is being pissed in lire Clarion to rue weekly starting in March. Chris 3enness has agreed to design our sign for the Oilers Park and the Saturday Market ad will run in the souvenir book. AEso, those businesses who have been leaving their information in our 138 1vIINUTE5 -Page 3 brochure rack at the Airport have bee n contacted for a membership in order to leave their brochures in our rusk. d. Visitors/Retaii Services Atmost ]200 responses to visitor inquiries were sent ou4 this month. The department has been working on the retail in preparation for the upcoming season as welt as changing over the retail inventorylsaies system to quickbooks programming. 5. Executive Director Interim Director, Sue Carter, advised the the KCVB had received a State grant in the amount of 55,000 fo assist in the Saturday Market event. The grant wits be utilized on advertising, signage, et ai. Alsq attended the KEDS meeting at the City on February 19`s and they wilt be bolding their "City-wide Public Economic Forum on April I7`" at the Kenai Visitors &Cuiturat Center. W e will be participating in the Kenai Chambor of Commerce Job Shadow Day on Wednesday. Also, a memorandum sues distributed'nndicating these sponsors wha have indicated a willingness to sponsor the upcoming summer art showlgaia in May. To-date Natasha and Sue leave solicited SI9,000 in donations for the event. I: BOARD C®MMENTS 1. Director Robin West indicated that he would be out-nf-state in the neat few months. Director West also reminded the Board that i8 was a policy to either present a plaque or donation to the favorite charity of those retiring from the Board. Former director Robert Fulton will be contacted and a presentation time established. 2. Councilman Mike Boyle suggested that with the price of fast at an all time high, perhaps a alternative source of heating might be considered i.e. solar, etc. The finggeStiten wile be prc5cnted t0 the L"ity rva' theta` sonsidsratinn when prcj,aring fnr the upcoming sonstruction on the Kenai Visitors &Cuiturat Center heating system, J. ADJ®LiRNMENT There being no further krusinoss, the meeting adjourned. 139 K~;raai Peninsula B~raugh ,, ~y 6, 2008 -7:00 p.m. Regular Meeting Seward City Council Chanilrers, Seward, Alaska A. CALL TO ORDER. 3raee Merkel B. PLEDGE OP+ ALLEGIANCE tssembly President leatS-Sterling/FuntryRlver C: INVOCATION rerm Expires 2008 'ere Sprague D. ROLL CALL - issembly Uiae Presiclem feat 4 - Soldaina Perm Expires 2010 E. COMI<+IITTEE REPORTS caul Fischer g, APPROVAL OF AGENDA AND CONSENT AGENDA 9ssembly Member {A11 items listed.wlth an astevisk {*) are considered to.ba routine:and.non-controversial by the Seat 7 -Central Assembly and will be approved by one motion. There will be no sepat~te discussion of these Term Expires 2010 ifemsunlessanAssemblyMembetsorequests,inwhiclicasetheitemw+illbe;emavedsnmtbe Consent Agenda and considered in its normal set(uence. on the agenda:) lfargaret 6itman Assembly Member Seat 2 -Keno! G. APPROVAL OP l1tIINIiTES Term Expires 2008 ,.,,.~ ~nopp * 1. April 15, 2008 Regular Assembly Meeting Minutes ......... Assembly Member seat 1- Kallfbrnsky IL COMIVIENATNG RESOLL3'TIONS AND PgOCLAMATIONS Term Expires 2009 * 1. fi. Resolution Commending Yarrow Farris for Receiving xan tong Assembly Idember t L. aoai, Regional and State Reeogniuon ;n the 1`:ational PTA Seat 6 -East Peninsula Reflection Program (Lang) . . ..... . ............. . ....... l l Term F, zpires 2009 A Proclamation Declaring the Week of May 11 - 77, 2008 as *2 Mtttl martin Assembly Member . Natinnsl hospital Week for the Kenai Peninsula Borough Seat 9 -South Peninsula ............................... 1 ~ ~MaYflT~ ............. Term Expires 2009 sltl Smirh I. PRESENTATI019r5 WITI3 PRIOR NOTICE (2o minntos total) Assembly.Member - - SearB-Hamer J. PYTgI,IC COMCMENTS ON ITElt+IS NOT APPEARING ON THE Term Expires 2008 AGENDA (3 minutes per weaker; 20 minutes aggregate) Gary Superman Assembly Member I~, REPORTS OF COM1itII5SION5 Ai~rD COUNCILS Seat 3 - Nikiski Term Expires 2010 ~ y~ May fi, 2005 Page 1 of 7 140 ~: May b, 2008 ~, I. AssemMl~ Ree~ttests/R.asponses ` a. Kenai Peninsula Borough Mayor's Salary Inforrnatkon -April 24, 2008 ............... ....................................16 2. Agreements and Contracts a. Sole source approval of contract extension with L>r, William Cooper for Centrat Emergency Services MedisaI Director Services .... , .. , .. l8 b. Approval of contrast with Sea Level Conshusdon LLC for Cleaning and Re-coating of North Peninsula Recreation Service Area Gym Floor ..................................................... 19 c. Approval of contrast wkth David Built for Gear Shelf & Workbench Cons~LLcton for TSasheinak Enu.rgens5r Service Area a++t„aP iv'fcl<?e1 Canyon Fixe Station ................ . .......... ....:......... 20 d. Approval of contract with 2 Bears Trucking for. the Central Peninsula Landfill Leachate Flauling .........:.......................... 21 e. Approval of contract with 2 Bears Trucking forDust Control Stammer ~ n 2008 for Borough Roads in the West, Region ..: .................. 24 f. Appmval of contract with.2 Bears. Truekingfor Dust Control Summer 2008 for Borough Rows ir? the Cexatra(12egi9n .................... 23 g. Approval of conlsaet with 2 Beazs Trucking for Dust Control Summer 2008 far Borough Roads.in the North Region ........ . ...... . . ... . 26 h. Approval of contract with METCCI, lne. for Dust Control Summer 2008 far Borough Roads in the East Region ..................... . 27 i. Approval of contract with Busy Beaver Firewood for Island Lake Road 2A#I ROW,Praject .. , ..., ...:.......:................. . 28 j Approval of contract with Cottam's Custom Cabins for Island Lake . Road 2A#2 ROW PTOjeet ....:..:.., ....... . ................. . 31 k. Approval of contract with Commercial Contractors, Inc. for ADA Doors for South Peninsula Hospital .:............:........ . .... . 34 1. Approval of contract with Integrity Surveys for Land Surveying and ', Platting on Borough property adjacent to 1Califomsky Beach Road .. , . 35 Page 2 of 7 141 r r m. Autharization to award contract, to IvIaLane Consulting, Ina,, for Design Services far Midway Drive Improvement Project , .... ...... 36 n. Authorization to advertise contract foi Hazard Tree Removal on Borougk .lands associated 'with Widgeon Woods Phase 2 Development and Land Sale Plan ..... . ....... . .:... , .......... 38 3. Other a. Memorandum from Jeanne Camp, Ecoaomist Analy=st ~ ACS $ubmarhie Cable Presentation at-the Nikisli Chamber Ivieeting ....... 42 b. Investment Portfolio Report -April 21, 2008 ...... . .............. 46 c. Revenue-Expendature Report -Match 2008 ...................... 48 d. Project Reports -March 31, 2008 .............................. 51 e. Budget Revisions -March 2008 .. . .... . . .. . ................... 67 f. Safety News ~ 414/08 ...........:........ . ..... . .............. 70 g. NACo Prescription Drug Discount Card Program Update Througli March 2008 .....:.........:...............................78 NE. N May 6, 2008 TTEMS NOT CONfI'LETED FROM PRIOR AGENDA -None PUBLIC FLEARINGS C?N ORDINANCES (Testimony limited to 3 nunutes per speaker) 1. Ordinance 2007-19-22: Appropriating $850,.000 ofInterestlncome to Paythe Cast of Capital Improvemexrts at the South Peninsula Hospital {Mayor) (Referred to Finance Committee) ........... . ........................ 80 2. Ordinance 2007-19-41: Appropriating $60;000 in the. Sehoal Maintenance Fund for Purchase of a Scissor l.ifif and Trailer (Mayor) (Referred to Finance Committee) ............... ...................................83 3. Ordinance 2008-OS CMa~I Substitute; AmendingKPB Chapter 14,06,.Raad Standards; and Updating Seefion References ha Title 14 and Chapter 21.44 to Revise Certificate fot Maintenance Procedures; and Design and Construction Standards, Including a Warranty Requirement (Mayor at the request of Road Service Area Board) (Referred to Lands Committee) ... , .... 85 Page 3 of 7 142 4. Ordinance 2008•.08: Amending KPB "2.60.030 and 2,60.035 Authorizing a ~.~• Decrease in fhe E91I Surcharge from $1.3'5. to''~1.15 per Iwlanth (Mayor} ..122 1 , (Referred to Finance Camnu } • , • • • (')rdinanee 2008-09; Authorizing aNegotrated Leaso at leis thanFair Market Value with Kaehemak Nordic Ski Club, Inc': of Approximately 90 Acres of Borough Land in the homer Area for the Development, Management, and Maintenance of the Lookout Mountain Trail System (Mayor} (Referred to 126 Lands Committee) ................ ............................ O. P 6. Ordinarce 200'8-I0: Amending KPB Title 20 Requiring Documented Legal Access to Subdivisions within the Kenai Peninsula Borough (Martin) 155 (Referred to Lands Committee? ......... • :........... 7. Ordinance 2008-12: ,4doptirig ah Amendmentto~he'Fina1 Plan Amendment of the Kenai Peninsula Borough's Coastal Zone Management Plan (Mayor) 163 (Referred to Lands Committee) .................. .. . ........ . . . 8. Ordinance 2008-19: Appropriating Funds for Fiscal Year 200$-2009 (Mayor) 169 (First of Three Flearings} (Referred to Finance Committee) • • • • • • • • UNFINISHED BUSIl'~ESS -None ~„"_ t NER' BUSINES5 1. Bid Awards *a. Resaluti©n 2005-038: Authorzi::g A~vazd of a Contract for the Central Peninsula Hospita12008 Imaging Remodel Project (Mayor) (Referred to Finance Committee) ...............................274 2, Resolu6dnS *a Resolution 2008-039: Supporting an Outdoor Reazeation Trail Advisory Board (ORTAB) Grant Application by'the Caribou I3iIls Cabin FToppers for Fund'mg tb Rsplaae the Four•Corners Cabin (Fischer) (Referred to Policies and Procedures Committee) .........177 *b. Resolution 20.D8.040: Determiaiingfihe Amounf to Be Pr~svded from Local Sources far School Purposes During Fiscal Year 2009 (Mayor) {Referred to Finance Committee) .........:....':..............184 May 6, 2Q06 *c. Resolution 2008-041: Adopting the 2007 Determination of the Population of the Borough as Revised by the Department of ,,, Cbrnmerce, Community and Economic Development (Mayor} 190 (Referred to Policies and Procedures Committee) .............. . Page 4 of 7 143 *d. Resolution 2008-042; .Authorizing the Acceptance of Late-Filed ~. ~ Senior Citizen Exemption Applications Filed Thraugh.March 31, 2008 (Mayor) (Referred to Policies and Procedures Committee) .....198 e. Resolution 2008-fl43c Classifying Approximately 90 Acres of Borough Land Near Olilsan Mountain Road in the Homer Area vL~zth 80 wares Classified as Recreational and IO Acres Classified as 1Zesideatiat (Maybe} (Referred to Lands'Committee)............... 202 *£ Resolution2008D44,AuthoxzingtheTrans£erof$8,333.32fromthe Legal Department $udget to the Non-Departxnental.Budget to Pay Hoffman Silver Gilxrian aril Blasco, PC, formerlyl2obertsonMonagle and Tastyugh, for It epzesenting the Boroughltegarding the Proposed "Critically Endangered" Listing of the Cook Inlet Beluga Whale {Mayon) (Referred to Finance Committee) ..:....................232 Ordinances *a. Ordinance 2007-19-45;: Approprating;$200,000 from Road Service: Area Fund Balance for Supplemental Fundistg to the Road Service Area for Fiscal Year 2008 (Mayor) (F3earing on 06/03108} (Referred to Finance Comrsiittee) . ........... ..:... ... ~ .237 ,,._. '~ *b. Ordinance 200'1.-19-47 Authorizing Acceptance of a Grant from.the Denali Commission and, Appropriating Funds from the Central Peninsula Hospital Plant E~.pansion and Replacement Fund for the Purchase of a Digital Mammography System (Mayor) (Hearing on 05!03/08) (Referred to. Finance Committee) ........:............241 *c. Ordinance 2007-19-48: Redirecting $32,549 of Previously Appropriated Bond Proceeds from. the 2003 General, Obligation Bonds andAppropriating $791,975 oflnterestlnaometa Fund School .Capital Improvement Projects (Mayor) (Shortened Hearing on 05/20/08) (Referred to Finance Committee} .....................245 4. Other *a. ConfirmingAppointxnentstotheEquitableAssessmentNlethodology Task Force (Referred to Policies and Procedures) . ................249 *b. Authorizing an Application for a Restaurant Designation Permit and a New Liquor Laeense filed by Kingfisher Roadhouse LLC, d.b.a. Kingfisher Roadhouse in Cooper Landing, Alaska (Referred to _.., Finance Committee) .................................. . .... Z50 May 6; 2008 Page 5 of7 144 *c. Request foi Forma). Assembly Objection to the Renewal of the {~~~., Following Liquor Liednse Due to [3npaid Taxes (Referred to Finance ;' Committed.) ..... ......................................257 Starvin Marvin's Inc. ddi.a. Starvin Maruz'ri's 13o~rer Q• lL S. T< *d. Petition tr} Vacate a Portion of a 60-Foot Right~£:'9day easement grantedin Book 69 Page 420, ~nthin or adjacentto Lots 5, 6, 7,13 and 14, Block Two, Triple Crown Estates No. 2 Phase I (Fiat HM 2007- 26); within Seetion28,.Townshp 5 South; Range 12 West; all within the Seward Meridian and Kenai Peninsula Barough;.Alaska; I~PB File 2008-070; Loca#ian, South of East End Road in Homer; Z{adhemak Bay APC (Referred to Lands Committee) ........ . .....259 [Clerk's Note:. 2"ne Planning Commission appraved the above referenced vacation by unanimous consent at sts regularlyscheduled April 14, 2008 meeting.] PU'BI,IC COiYINICl~''I'S A1~TD P~BLIO P]~EST•sA'£ATTONS (3 minutes. per speaker) ASSEMBLY MEETING AND HEARING ANNOI.TNCEMEN'PS (~_ 1. May 20, 2008 Regular Assembly Meeting 7:00 PM Soldotna ASSEIVTBLY C'OMIVIENTS PEl<T.IIT~G LEGIS'r..~A~FId {This item i'tsts legislation rwhiCl ~*ilt be adiltassed at a Later dace as noted.) 1. Resolution 2007-0-51; Approving Plans for Participation in the Fiftieth Anniversary of A1aslca Statehood Celebration (Mayon} (Referred to Policies and Procedures Committee) `Tabled on IIf20/07 2. Ordinance 2007-19-45: Autlrariziirg the Acquisition of 40 Aeres from Brad and Linda Hibbard for the Expansion of the Serenity House Treatment Center and Appropriating an Additional $571,750 to Complete the Project (Mayor} (Hearing on 05'/20/08) (Referred to Lands Committee) 3. Ordinance 2008-I1: Authorizing the Sale of Land to the Cooper Landing Senior Citizen Corporation, Inc. at less-than Fair Market Value for Senior Housing Putposes (Mayor, Long} (Bearing on 05; 20!08). (Referred to Lauds Committee) l~ ,. ,..~' May 6, 20D8 _ Fags 6 of 7 145 4. Ordinance 2008-19: Appropriating Funds far Fiscal Year 2008-2009 (Mayor) 1 (I~Iearings on 05/20/08 & 06!03!08) (Referred to Finanoe Committee) I7. IlVF'OTtIVL4TIONAi MATERIALS AND REPORTS V. NOTICE OT NEAT MEETING AND AD~tOUILNMENT The next meeting of the Kenai Peninsula Borough Assembly wi11 be held on May 20, 2008, at 7:00 P.M. in the Borough Assembly Chambers, 5oldoina, Alaska, This meeting will 6e braadcasf on KDLL-FM 91.9 (Central Peniruula), KBBI-AM 890 (South Peninsula), If201A0-FM88.1(Beast Peninsula). Capies of agenda items are available at the Borough Clerk's Office in the Meeting Room just,prior to the meeting. For further tnformation, please call the Clerk`s Offiae at 714-2160 or toll,~ee withtn the Borough at ]-800- 478-4441, Ezt, 2160. Visit our website at www.borough.kersai.akus for copies of the agenda, meeting summaries, ordinances and resolutions. ..t May 6, 2068 rage'1 of ~ 146 Specla! NlanageeYeent Area "VYorking fogether...For the river" r~ I~Lenai RiveF Special Management Area Advisory l;aard ***Draft Agenda*'F* Thursday, May 8, 2008 5:30 p.m. Kenai River Center I. CALL TO C)RDER A. Roll Call B. Introduction of Guests II. P?T~LIC COMMENT III. RI<aPORTS A. Agency Reports a. State Parks -Jack Sinclair, Pam Russell b. DEC- Stevens c. ADF8sG- Vania d. USF&WS- West e. USFS/Chugach- Evans B. President Report v. Comlxxittec- Reports ~E~~ SAY - `~ Za€lE 1C1'~~& a~ t.~681~ !a_-..~_ n S TT Tilt i,..-TT~h~ .7...r a. V'UtUC nd`J1SE3i ~% 1 p.iii. i~.i~~.. RG g"u>.ai i>x~-au iii~~.ting uay b. Habitat 11 a.m, Regular KRAB meeting day c. Recreation/River Use 2:30 KRC Regular KRAB meeting day d. Permits - 3/31/08 3:50 p.m. KRC e. Legislativef Government Activities -not available f. Board Development 3 p.m. KRC Regular KRAB meeting day g. Agenda/Board Structure/Housekeeping 3/31 JU8 3 p.m. Soldotna Ciry Hall IqT, APPROVAL ®F ACrENDA AND C®NSLNT AGENDA All items listed with an asterisk (*) aze considered to be routine and nan-controversial. by the Board and will be approved by one motion. There wilt be no separate discussion of these hems unless a Board Member so requesis, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) A. *KRSMA Advisory Board Minutes from 4-10-08 B. Committee Changes 1. River Use-Dave Erkhardt off, Ron Rainey on. Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907-262-5581 ~ -~ rl,Y /' Kenai Peninsula Borough, 144 N. Hinkley, Soldotna, AK 99669 907-262-4441 -~~', Kenai River Center 514 Funny River Road, Soldotna, AK 99669, 967-260.4882 Alaska Division of Parks and Outdoor Recreatioe. Daiipanmeni of,L'alurel Resources, lr, coopereiion vALh IM1a Kenoi Peninsula Borough V. YaLTJ BUSINESS FaNA t~C'TIfDN ITEMS Action Items: I. Resolution 2008-12 Nomination Process-Curt 8huey 2. Resolution 2008-04 Amending the resolution to combine Legislative Committee with Agenda/Board. Structure/Housekeeping. VI. NEW BUSINESS VII. ~f3RRESPfDNDENCE A. Update on letter sent to the Borough- Carey B. Update on Hydro-Carbon letter-Carey VIII. PUBLYC COMMENT II:. BQAItET C®MMENTS ~. 14DJOURNMENT A. Date/Agenda of Next iVleeting August 28 or September 11, 2008 5:30 p.m. 148 Kenai i2.iver Special Management Area Advisory Soard Minutes Kenai River Center Thursday April 10, 2005 5:SOpm I. Call To (?rder A. Members Present: Jae Connors, Ted Wellman, Brenda Trefon, Curt Shuey, Richard Dykema, George Heim, James Czarneski, David Carey, Robin West, Jeni Evans, Tom Vania, Tim Stevens. Guests: James King; Director of Alaska State Parks. Ii. public Comment The following made public comment: Robert Ruffner. TII.. Agency i2eparts A. James King, Director of Alaska State Parks has received the new regulation recommendation for in-season guide replacement. James will keep the board informed of the progress of the proposed regulation. The 2009 budget for State Parks has received increases in. the operating budget as well as capital improvement projects totaling close to 15 million dollars. This is the largest increase State Parks has received in 21 years. At the time of this meeting the Finance Committee were still deciding on appropriating $200,000 for the Kenai River Public Impact Study. James explained how the Kenai River Impact Study will be formulated. If the funds are acquired, State Parks would select a consultant to be on board the summer of 2008. The first thing this consultant would do iS to go around and conduct focus group .,,eetings. Ti;e goal of these meetings would be to ask questions like what does this study need to have in it? What is the product we need to get out of the study that can help us to move forward? We hope to have the survey ready for the 2009 season. We want to go into this witYx an open mind and survey every known user group nn the river, such as guides, non-guides, visitors and residents. The current regulation for establishing a new sunset date for the ban of two strokes from the Kenai River is in the Lieutenant Governor's office waiting to be signed. Enforcement of the 50 horsepower cap will be strict and harsh on the Kenai River if people are caught not complying with the regulation. The Kasilof River boat launch purchase did not get in the budget. State Parks believes that since we provide access to the river, we should provide access out of the river. We need to go through an in-depth analysis of the Kasilof River. Everything we do on the Kenai River affects the Kasilof River. S. Tim Stevens reported at the end of March DEC sent an integrated report to EPA. The report listed the Kenai River as a Category 4B tvaterbody. This is still considered impaired but with a plan in place to reduce the hydrocarbon level to meet state water quality standards. The only part on the report that is not 149 finalized is regarding the Fish and Game regulations, which prohibits use of 2- stroke engines in the personal use fishery. Three Alaska Clean Water Action (ACWA) grants were awarded that uTould have influence an the Kenai River; they were all issued to the Kenai Watershed Forum. One grant was to look at turbidity in the month of Inlay and June, the second was to evaluate the Kenai Peninsula Borough's 56 foot habitat ordinance, and the third to finish the storm water mapping for the city of Kenai. Hydrocarbon monitoring will take place again this year at mile 10.1, but the department would also like to include river mile 1.5 and 4.6, if money is available. C. Tom Vania handed out a brief report about the annual Alaska Department of Fish tZ, Game department's area staff meeting. The Area sport fish staff gets together to go over operations for what's coming up this summer and what was done in the past. The report includes such topics as limited entry far sport fishing guides, habitat research updates, education efforts and other upcoming projects. D. Robin. Wiest gave an advance notice on the National Wildlife Comprehensive draft plan going to the printers soon and the comment period. may be in mid- summer. We may have to plan a special meeting on the subjects. E. 3eni Evans reported the agency is working on the Russian River Complex plan with other local agencies and organizations. The USFS is working on an agreement with the state on moving the initial attack fire dispatch to the Soldotna Area OfFce, Division of Forestry. /1~-~..--~6L.. ~L~ i,iUti11111L6Ge e~fitt Lb a. Guide Advisory 1 p.m. KRC Regular KRAB. The committee is currently working on improving the complaint form for the Kenai River and how to improve the process for identifying illegal guides. b. Habitat 11 a.m. Regular KRAB meeting, they discussed the Sterling Highway location and the upcoming Hydro-carbon testing. c. Recreation/River Use 4/ 10/08, 3p.m. This committee discussed the Kenai River Use study and how some boat accidents go unreported on the river. d. Permits - 3/31/08 3:50 p.m. KRC met briefly to discuss the draft letter pertaining to the conditional use permit that was submitted to the Borough to build. a house within. the 50 foot habitat area of the Kenai River. e. Legislative/Government Activities -not available Kenai i2iver Special (~flanagement Area Advisory Board A4inutes AprEI 10, 2008 Page 2 0$ b 150 f. Board Development 4 p.m. KRC. The committee has met twice since the last KRSMA meeting. Curt discussed the action item regarding the bylaw changes. This is based on discussion from the board, development workshop. Also, there was discussion on formulating a new board. nomination process. Open seats are to be filled. by October I and a list should be sent to the Commissioner by Septemberl. A meeting may be scheduled on August 28 at 5:30 to meet and interview candidates. Agenda/Board Structure/Housekeeping (ABH} 3/31/08 3 p.m. Soldotna City Hall. Set the agenda. for the April meeting. Discussed the idea of having the legislative cammittee become part of the ABH committee. The committee encouraged the DNR staff to make the minutes of the General meetings more succinct and brief. IV. APPTdOVAL OF MYNUTES KRSI~~LA Advisory Board Minutes from 3-13-08 Joe Connors moved to approve the minutes and Ted seconded. The motion to accept the agenda and the consent agenda with the amendment was passed. V. OLI) BUSINESS ANI3 ACTION ITEMS A. Resolution 2008-10: Regarding By-Law Changes: Curt moved to approve part I regarding Public Comment Sta_rFdard Procedure and reauired bylaws changes, and was seconded. Passed with a shou> of hands, the consensus was eight members. Curt moved to approve part II regarding Decision Making Standard Procedure and required changes to the bylaws and was seconded. Curt moved to divide this motion into twa sections. Joe seconded the motion. Passed without audible opposition. The first section of the motion considered was the bylaws change. Robin moved to amend the proposed bylaws change to read: Rules and procedures governing all such meetings of the Board shall be according to the most recent edition of Robert's Rules of Order; however, consensus based methodology shalt be the preferred approach to decision- making. Amendment was seconded and passed. Amended bylaws change passed with a show of hands, the consensus was eight members. Kenai River Special Management Area Adviscery Hoard Minutes Apri11Q, 2006 Page 3 of 5 151 The second section of the motion is to accept the Decision-making standard procedure items 1-3. Jim moved to amend the original motion to change item #3 to say if consensus is not achieved, the chair shall make the decision as to whether option a,b, or c is utilized. Ted seconded the motion and the amendment passed. Amended bylaws change passed with a show of hands, the consensus was eight members. Curt moved to approve part III regarding Committee Policies and required changes to the bylaws and was seconded. Jim moved to amend the proposed bylaws change to read: Each committee may have non-Board members as ree~t-+~eti~ participants, but shalt have at Least three members of the .Board. Joe seconded it, and the amendment passed. Amended bylaws change passed with a show of hands, the consensus was eight members. Curt moved to approve part lV regarding Communications Policy and required changes to the bylaws and was seconded. Passed with a show of hands, the consensus was eight members Curt moved to approve and accept all four changes to the bylaws and was seconded. Passed ~~~thout audible opposition. V. Jim Czarnezki moved to send a letter to the Kenai Peninsula Borough Planning a_nd Zoning Committee addressing the Riverquest Conditional Use Permit Application, urging the KPB to deny the CUP. Joe seconded the motion. Passed without audible opposition. VI. NEW BITSINEBS !4. Update on letter sent to the Borough- Dave Carey reported that no response from the letter has been received. It is Dave's intent to send a follow up letter. Dave Carey received an update to the board's letter regarding the closing of the commercial Fish and Game office in Soldotna. Representative Olson stated that closing this office was not going to happen. Representative Chenault said it would not pass out of his committee and Senator ~~Tagoner was working on it. Kenai River Special Management Area Advisory Board Minutes Agri! 10, 2008 Page 4 of 5 152 S. Report on MOLD meeting (April 1j between Fed, State and Municipalities regarding KRSMA Camp .Plan-Dave Carey, James King & Jack Sinclair held the meeting on April l st and it had a strong attendance of agency representatives. A meeting will be held three times a year of this organization. Same of the key agencies are working together. Agencies as a whole felt they are coordinating with each other without the technical meetings. Some key organizations still Head to participate. C. Discussion on Legislative Committee; possibly merging with the ABH committee. Dave will move forward with the proposal. He will talk to the chairperson, Gary Knopp, first. D. Summer schedule for Board and. Committees: August meeting is needed; Permit Committee should. continue to meet during the summer; Executive Committee (ABH) to also meet during the summer. E. May Social (BBQ) 4:30-5:25 PM before General Board Meeting with Presentation to former Board Presider_t. illI. CORRESPONDENCE A letter will be sent to Alaska State Parks and the Department of Conservation to find additional funding for hydrocarbon testing at mile i.4 and mile 4.7 of the Kenai River. This letter should also include support for aerial boat counts. VIII. PUSLIC COP/IlUIEIdT Tl?e follawiiig made public cairme??t, Dwight KraEner and Adam. Reirner. IX. k~.D.IOURPdMEIdT A. Board Comments B. Date/Agenda of Next Meeting May 8, 2008 5:30 p.m. Kenai River Special Management area Ac4visory Board Minutes April 10, 2068 Page 5 of 5 153 SARAH PALIN GOVERNOR GDV ERNOR@GOV.STATE.AK.US .~~3 STATE OF ~kLASKA OFFICE pF THE CsOVERNOR JUNEAU Apri129, 2008 lVls. Lucia Swarner Vice Mayor City of Kenai 27.0 Ficialgo Avenue Kenai, AI< 99611 Dear iVls. Swanler: P.O. 80% 170001 JUNEAU, ALASKA 98917A007 c®oT~ a5s~ssoo FA% (807) 4683532 W W W.GOV.ETATE. AK.US E~~'~~ E~ 'Thank you far your recent letter to Governor Palin expressing your concern about the future of the Alaska. Department of Fish and Game (ADF&G} Soldotna office. The Governor has asked that I respand on her behalf. As you lmow, same senators indicated an interest during the budget process in moving some ar all of the functions of the 5oldotna office to the Anchorage office. During the legislative session the Senate canferred with the House about the budget. The end result of this process was that the final bcrdget bill transmitted to the Governor does not include the language affecting the Soldohla ADF&G office. We appreciate you sharing your concern about this budget proposal and assure you flat we understand the need for ADF&G to have offices in local areas. Sincerely, Cdl-d ~-mv~..~ Cora Crome Fisheries Policv Advisor 154 MAY 7, 2008 REGULAR COUNCIL MEETING REQUESTED ADDITIONS/CHANGES TO THE PACKET ITEM REOUESTED BY: Item E-4 SUBSTITUTE ATTACHMENTS B AND C (Corrected Maps) of Ordinance No. 2302-2008 ADM%NISTRATION CLERK'S REPORT -- Additional Information related to "Government Page" Report CITY CLERK CONSENT AGENDA CITY OF KENAI NOTICE OF PUBLIC HEARING MAY 7, 2008 NOTICE IS HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and/or Resolution(s) at its regular meeting of May 7, 2008. Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120- Square Feet Require a Building Permit. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. At the 4/2/08 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is acrive.) 2. Ordinance No. 2300-2008 -- Donating Certain Foreclosed City-Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through. 039-103-OS), to Amundsen Edncaticnal Center for Constructian of Housing. 3. Ordinance No. 2301-2008 -- Amending KMC 23.50.010(b) by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.030(b)(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay. 4. Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 5. Resolution No. 2008-23 -- Authorizing Sharing Cost Savings From the Calendar Year 2007 Health Insurance Plan with Employees. F 9 F'.... AT.. nn 4' 72 nn n t o--.,.a ReFU®an..av.a .. . 2vv8-24 -- TranSicrr irig y~..,, ~v(`i in the vcncr ai r uiiu 1G Pay Taxes Due on Mommsen Subdivision Property Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-053). 7. Resolution No. 2008-25 -- Repealing Resolution No. 2008-10 Which Awarded a Sole Source Contract to Procomm Alaska LLC to Equip the Kenai Fire Department with Hand Held Radios and Award a Sole Source Contract to Motorola Inc. in the Amount Not to Exceed $54,000 to Purchase Hand Held Radio Equipment. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 996111. All. interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances may be amended by the Council prior to adop~tionwithout further public ngtic e. C~i~G~"~// ~-~;~.o~ Carol L. Freas, Kenai City Clerk